DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
1. This office action is in response to communications filed 2/25/2026 Claims are amended. Claims are original. Claims are previously presented. Claims are new.
Response to Arguments
Applicant's arguments filed 2/25/2026 have been fully considered but they are not persuasive.
Applicant argues that:
It is respectfully noted that the claims set forth a system in which a remote control is provided with data that is used to create a user interface element that is to be activated to launch an app:
receiving from an over-the-top (OTT) media streaming device a first data that identifies an OTT app usable to stream a media from an OTT service that is installed on the OTT media streaming device; and
using the received first data to automatically assign at least one command to a configurable input element of a user interface associated with a controlling device application installed on the smart device and to cause a logo that is representative of the OTT service to be displayed in association with the configurable input element, whereupon the controlling device application will respond to an activation of the configurable input element by causing the at least one command to be transmitted to the OTT media streaming device to cause the OTT media streaming device to launch the OTT app.
Turning now to Menand, it is respectfully submitted that Menand describes a system in which, after an app is launched, the launched app provides a user interface to a remote control:
Loading and running the application may cause a content user interface corresponding to the application to be displayed on the viewing device 104, and triggers the digital receiver 102 to configure the remote control device 112 to display the initial or default remote control user interface (e.g., an initial remote control frame established for the application). (0027) (emphasis added).
More particularly, it is noted that the cited to and relied upon "operation 402" (OA, pg. 4) occurs before the "remote control frame" is provided to the remote control:
In operation 402, an application is activated and becomes the primary application. Accordingly, the application module 202 accesses (e.g., from the application datastore 210) and loads the application. Upon loading the application, the receiver device 102 causes a display (e.g., content user interface) corresponding to the first application to be presented on the viewing device 104. (0039) (emphasis added).
Thus, because the cited to and relied upon "operation 402" - which loads and launches an app - occurs before the cited to and relied upon "configuration information" is provided to the remote control, it is submitted that it is evident that Menand does not describe, teach, or suggest a system in which a data that identifies an OTT app is first received by a remote control whereupon the first data is subsequently used to provide an interface with a user interface element for use in launching that same OTT app.
Examiner respectfully disagrees with applicant’s assessment above.
1. Menand’s “configuration information” is received before operation 402 completes, not after.
Menand [0027] states that Loading and running the application may cause a content user interface corresponding to the application to be displayed on the viewing device 104, and triggers the digital receiver 102 to configure the remote control device 112. The configuration of the remote control (i.e., transmission of the remote control frame) is initiated as part of the app loading sequence, not strictly after the app is fully launched and running. The “first data” (configuration information identifying the OTT app is what drives both the display and the remote control configuration simultaneously.
2. Applicant conflates “launch” with “fully operational.”
Operation 402 in Menand initiates app activation, it does not mean the app has finished launching before the remote control receives data. The remote control frame (which identifies which OTT app’s commands to assign) is generated from the configuration information tied to the same app activation event. Claim 1 does not require that the OTT app be in an un-launched state when the first data is received; it requires only that activating the configurable input element causes a launch command to be sent. Menand’s Fig. 4 flow (402->408) shows the remote control element activation as part of the same operational sequence.
3. Inherency/Function equivalence argument.
The “first data that identifies an OTT app” in Menand is the configuration information tied to a specific OTT application (e.g., Netflix). This data necessarily identifies the OTT app. The remote control is configured with this data, and user activation of the configurable input element causes the launch command. Whether Menand’s temporal ordering is characterized as pre-or post-launch is a matter of claim construction, the functional result (remote receives app-identifying data-> remote element configured-> activation causes launch) is present in Menand.
Menand discloses each claim element, not whether it performs them in precisely the same operational order as applicant envisions. If Menand’s configuration information (first data) identifying the OTT app is received by the remote, and that data is used to assign commands to a configurable input element, and activating that element causes the device to launch the OTT app, all elements are met. The temporal argument is about a preferred embodiment, not a clear structural or functional distinction supported by the claim language itself.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
1. Claim(s) 1, 6, 7, 12, 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application 2018/0203589 Menand et al. (hereinafter Menand).
2. Regarding Claim 1, Menand discloses A smart device (Fig. 1: 112 remote control device; [0032], “The remote control device 112 is a “smart” device.” Fig. 8; [0062], “The machine 800 may be a smartphone”), comprising:
a processing device (Fig. 3: 304; [0055], “the user interface generation module 304 processes the configuration information.” Fig. 8: 802 processor));
a memory storing instructions which (Fig. 8: storage unit 816 and instructions 824), when executed by the processing device (Fig. 8: 802 processor), cause the smart device (remote control 112) to perform steps (Fig. 4), comprising:
receiving from an over-the-top (OTT) media streaming device ([0018], “a digital receiver 102 of a user provides access to digital content…the digital receiver 102 is a set-top box”, [0021], “over-the-top (OTT) content “) a first data that identifies an OTT app usable to stream a media from an OTT service that is installed on the OTT media streaming device ([0027], “The application module 202 manages applications that are stored (e.g., permanently or temporarily) on the digital receiver 102. In example embodiments, the application module 202 accesses applications stored at the application datastore 210 when a user activates an application with the digital receiver 102 and causes the application to be loaded and running at the digital receiver 102… The applications may be pre-installed or later installed (e.g., downloaded)… Example applications include applications for content streaming services (e.g., Amazon, Netflix, YouTube), Internet services (e.g., any website), or any other networked service having content accessible via the network 108.”); and
using the received first data to automatically assign at least one command to a configurable input element of a user interface ([0034], “The user interface generation module 304 generates the remote control frames from the received configuration information.”) associated with a controlling device application installed on the smart device ([0015]-[0016], “allow the remote control device to automatically switch to a user interface (e.g., a remote control frame) that corresponds to a state of the application in focus while the systems and methods retain last remote control settings (corresponding to a last remote control frame) for each application running in background.”) and to cause a logo (Netflix logo) that is representative of the OTT service to be displayed in association with the configurable input element ([0015], “The remote control frame may comprise one or more selectable components (e.g., buttons, icons, tabs), images (e.g., logos), text, or functionalities (e.g., swipes) specific to the corresponding application. A remote control frame created for Netflix may comprise a Netflix logo, buttons or gestures (e.g., swiping) for control of functions related to searching or viewing content (e.g., play button, fast forward button, stop button), images of content offered by Netflix, and so forth.”),
whereupon the controlling device application will respond to an activation of the configurable input element (Fig. 4: 402 activate application; [0015], “The remote control frame.” corresponds to configurable input element) by causing the at least one command (from remote control device 112) to be transmitted to the OTT media streaming device to cause the OTT media streaming device to launch the OTT app (Fig. 4: 402-408, [0039], “ operation 402, an application is activated and becomes the primary application. Accordingly, the application module 202 accesses (e.g., from the application datastore 210) and loads the application. Upon loading the application, the receiver device 102 causes a display (e.g., content user interface) corresponding to the first application to be presented on the viewing device 104.”)).
3. Regarding Claim 6, Menand discloses The smart device as recited in claim 1, wherein the at least one command comprises a command to directly launch the OTT app ([0015], “a remote control frame created for Netflix may comprise a Netflix logo, buttons or gestures (e.g., swiping) for control of functions related to searching or viewing content (e.g., play button, fast forward button, stop button), images of content offered by Netflix”. [0027], “Loading and running the application may cause a content user interface corresponding to the application to be displayed on the viewing device 104, and triggers the digital receiver 102 to configure the remote control device 112 to display the initial or default remote control user interface (e.g., an initial remote control frame established for the application)”).
4. Regarding Claim 7, Menand discloses A non-transitory, computer-readable media (Fig. 8; [0060], “a machine-readable medium 822 (e.g., a non-transitory machine-readable medium”) having stored thereon instruction (Fig. 8: 824 instructions) executable by a smart device (Fig. 8; [0062], “The machine 800 may be a smartphone”), the instructions (824) cause the smart device 9smartphone) to perform steps (Fig. 4) comprising:
receive from an over-the-top (OTT) media streaming device ([0018], “a digital receiver 102 of a user provides access to digital content…the digital receiver 102 is a set-top box”, [0021], “over-the-top (OTT) content “) a first data that identifies an OTT app usable to stream a media from an OTT service that is installed on the OTT media streaming device ([0027], “The application module 202 manages applications that are stored (e.g., permanently or temporarily) on the digital receiver 102. In example embodiments, the application module 202 accesses applications stored at the application datastore 210 when a user activates an application with the digital receiver 102 and causes the application to be loaded and running at the digital receiver 102… The applications may be pre-installed or later installed (e.g., downloaded)… Example applications include applications for content streaming services (e.g., Amazon, Netflix, YouTube), Internet services (e.g., any website), or any other networked service having content accessible via the network 108.”); and
use the received first data to automatically assign at least one command to a configurable input element of a user interface ([0034], “The user interface generation module 304 generates the remote control frames from the received configuration information.”) associated with a controlling device application installed on the smart device ([0015]-[0016], “allow the remote control device to automatically switch to a user interface (e.g., a remote control frame) that corresponds to a state of the application in focus while the systems and methods retain last remote control settings (corresponding to a last remote control frame) for each application running in background.”) and to cause a logo (Netflix logo) that is representative of the OTT service to be displayed in association with the configurable input element ([0015], “The remote control frame may comprise one or more selectable components (e.g., buttons, icons, tabs), images (e.g., logos), text, or functionalities (e.g., swipes) specific to the corresponding application. A remote control frame created for Netflix may comprise a Netflix logo, buttons or gestures (e.g., swiping) for control of functions related to searching or viewing content (e.g., play button, fast forward button, stop button), images of content offered by Netflix, and so forth.”), whereupon the controlling device application will respond to an activation of the configurable input element (Fig. 4: 402 activate application; [0015], “The remote control frame.” corresponds to configurable input element) by causing the at least one command (from remote control device 112) to be transmitted to the OTT media streaming device to cause the OTT media streaming device to launch the OTT app (Fig. 4: 402-408, [0039], “ operation 402, an application is activated and becomes the primary application. Accordingly, the application module 202 accesses (e.g., from the application datastore 210) and loads the application. Upon loading the application, the receiver device 102 causes a display (e.g., content user interface) corresponding to the first application to be presented on the viewing device 104.”)).
5. Claim 12 is a non-transitory CRM claim, rejected with respect to the same limitation rejected in device claim 6.
6. Regarding Claim 13, Menand discloses The non-transitory, computer-readable media as recited in claim 7, wherein the first data is received directly from the OTT media streaming device (Fig. 1; [0020], “the remote control device 112 receives instructions from the digital receiver 102 that configure (e.g., set up, change) the user interface being displayed on the remote control device 112.”. [0027], “The applications may be pre-installed or later installed (e.g., downloaded) to the application datastore 210”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
7. Claim(s) 2, 8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application 2018/0203589 Menand et al. (hereinafter Menand) in view of U.S. Patent Application 2021/0153124, Pandey et al. (hereinafter Pandey).
8. Regarding Claim 2, Menand discloses The smart device as recited in claim 1,
However, Menand does not explicitly disclose wherein the instructions further cause the smart device to use a second data representative of the OTT media streaming device to identify a further device on which the controlling device application is installed.
Pandey teaches wherein the instructions further cause the smart device to use a second data representative of the OTT media streaming device to identify a further device on which the controlling device application is installed. ([0061], “the electronic device 200 is capable of being paired or communicatively coupled with one or more further electronic devices over a wired/wireless network (not shown in the figure)” [0081], “The control unit 203 may identify a further device having a camera application based on detecting same location of the further device and the electronic device 200, and obtaining device data related to the further device. The electronic device 200 may obtain device data related to the further device during a synch process.”)
It would have been obvious to a person of ordinary skill in the art to modify the system of Menand to further utilize device-level information (e.g. device identifiers or characteristics of the OTT media streaming device) to identify another smart device running the controlling-device application, as taught in Pandey, in order to provide multi-device coordination, seamless handoff, or shared control capabilities. Such an enhancement represents no more than the predictable use of known multi-device identification techniques in the OTT control environment and would improve usability without altering the fundamental operation of either system. KSR Int’l Co. V. Teleflex Inc., 550 U.S. 398 (2207).
9. Claim 8 is a non-transitory CRM claim, rejected with respect to the same limitation rejected in device claim 2.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
10. Claim(s) 3, 4, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Menand in view of Pandey as applied to claim 2 above, and further in view of CN 109982304A, Li et al. (hereinafter Li) [English Translation provided].
11. Regarding Claim 3, Menand in view of Pandey discloses The smart device as recited in claim 2,
However, Menand in view of Pandey does not explicitly disclose wherein the further device comprises an original equipment manufacturer (OEM) remote control provided for use specifically with at least the OTT media streaming device
Further, Li teaches wherein the further device comprises an original equipment manufacturer (OEM) remote control provided for use specifically with at least the OTT media streaming device (abstract, “a Bluetooth remote controller and the set-top box automatically pairing “)
It would have been obvious to a person of ordinary skill in the art to apply the multi-device identification technique of Pandey, in the environment of Menand, specifically to an OEM remote of the type taught in Li, such that the smart device, upon using second data representing the OTT media streaming device, identifies a further device that is the OEM remote provided for use with the OTT device. Doing so would simply represent using a known, dedicated OEM remote (Li) as the further device identified via known device data-based discovery (Pandey) in the OTT control framework of Menand, yielding the predictable benefit of coordinated control between the user’s smart device and the OME remote for the same OTT device, e.g., facilitating setup, pairing, or handoff of control.
12. Regarding Claim 4, Menand in view of Pandey further in view of Li discloses The smart device as recited in claim 3,
Menand discloses wherein the OTT media streaming device comprises a set-top box ([0018], “a digital receiver 102 of a user provides access to digital content…the digital receiver 102 is a set-top box”.
13. Claim 9 is a non-transitory CRM claim, rejected with respect to the same limitation rejected in device claim 3.
14. Claim 10 is a non-transitory CRM claim, rejected with respect to the same limitation rejected in device claim 4.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
15. Claim(s) 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application 2018/0203589 Menand et al. (hereinafter Menand) in view of U.S. Patent 7895532, Scott et al. (hereinafter Scott).
16. Regarding Claim 5, Menand discloses The smart device as recited in claim 1,
However, Menand does not explicitly disclose wherein the at least one command comprises a sequence of menu navigation commands for indirectly launching the OTT app.
Scott teaches wherein the at least one command comprises a sequence of menu navigation commands (Col. 23 line 66-col. 24 line 2, “Macros provide a way for the user to perform a combination of tasks quickly. There may be two types of macros supported by the remote control application--system generated macros and user generated macros.”) for indirectly launching the OTT app (Col. 24 lines 1-58, macro is used for “activities” and favorites” (e.g., power on devices, select inputs, tune to channels). Those are end results achieved via a sequence of remote commands).
It would have been obvious to a person of ordinary skill in the art, at the time of the invention, to modify the OTT-control system of Menand to implement the “command” associated with the OTT app icon as a macro comprising a sequence of remote control commands, as taught by Scott, in order to indirectly launch the OTT application via the OTT device’s existing on-screen menu navigation when a direct app-launch command or API is unavailable. Applying known macro/sequence techniques to the app-launch context of Menand yields the predictable benefit of allowing the smart device to support app launching on a broader range of OTT device (including those that only expose simple navigation key codes) while maintain the same UI metaphor (one icon/soft key for the OTT app). This is simply using a known macro mechanism (sequence of navigation commands triggered by one control (in the already-known OTT remote-control environment of Menand, which is a predictable combination of familiar elements performing their known functions, in line with KSR v. Teleflex.
17. Claim 11 is a non-transitory CRM claim, rejected with respect to the same limitation rejected in device claim 5.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
18. Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application 2018/0203589 Menand et al. (hereinafter Menand) in view of U.S. Patent 11689914, Narayanan et al. (hereinafter Narayanan).
19. Regarding Claim 14, Menand discloses The non-transitory, computer readable media as recited in claim 7,
However Menand does not explicitly disclose wherein the second data is received indirectly from the OTT media streaming device via use of a cloud server.
Narayanan teaches wherein the second data is received indirectly from the OTT media streaming device (Fig. 1: managed device 2 =set-top box or smart media, see col. 4 lines 37-40) via use of a cloud server (Figs. 1, 3; Col. 2 lines 41- 45, “The method includes retrieving, by the client device, user defined capabilities data and managed service defined capabilities data from an Internet-based cloud server; building… a user interface(UI) based upon [that data]…” Col. 5 lines 40-43, “the client device 4 may connect to the internet-based cloud server 101 to obtain a copy the capabilities data for a particular managed device 2”. Indirect, cloud-mediated path: OTT device-> cloud server -> smart device)).
It would have been obvious to a person of ordinary skill in the art, at the time of the invention, to modify the OTT control system as taught in Menand to additionally employ the cloud-based management architecture of Narayanan such that information about the OTT media streaming device (e.g., its capabilities, installed services, or configuration) is uploaded from the OTT device to a cloud server and then retrieved by the smart device from the cloud server, rather than (or in addition to) being obtained only via direct local communication. Doing so would provide well-understood benefits such as enabling configuration and control when the smart device is not on the same local network, facilitating centralized management of multiple OTT device, and allowing service providers to control available features via cloud-hosted data-advantages explicitly recognized in Narayanan’s cloud-based capabilities storage and retrieval. This represents no more than the predictable use of known cloud-mediated device-management techniques (Narayanan) in the existing OTT remote-control architecture of Menand, yielding the claimed arrangement in which second data representative of the OTT media streaming device is received indirectly via a cloud server.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMER KHALID whose telephone number is (571)270-5997. The examiner can normally be reached Monday- Friday 9am-7pm.
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/OMER KHALID/Examiner, Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422
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