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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding the limitation of claim 1 “performing a scan operation to recognize whether at least one external device is present nearby”, the word nearby is a relative term and it is unclear as to what the definition of nearby is. It is also unclear as to what the external device is nearby to. Clarification is required.
Claims 4-6, 10-15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding the limitation of claim 4 “transmitting a changed custom code to an external device of a specific group having the same custom code as a custom code of the display device” (similar claim limitation in claim 10), it is ambiguous and unclear as to whether the claim is mentioning whether a specific group has the same custom code as the display device, or whether an external device (in the group) has the same custom code as the display device. Correction and clarification is required.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2007/0192813) in view of Kim2 (US 2020/0404387).
Regarding claim 1, Kim discloses a method of controlling a display device controlled by a remote controller, the method comprising:
Performing a scan operation to recognize whether at least one external device is present nearby ([0043-0046], figs. 7a-7c home network devices are detected and information identifying the devices are shown in a list);
Receiving device information from the at least one external device ([0043-0046], figs. 7a-7c).
Kim does not specifically disclose displaying an option for changing a custom code of the remote controller; setting a changed custom code according to selection of the option; and transmitting the changed custom code to the remote controller.
However, Kim2 discloses displaying an option for changing a custom code of the remote controller; setting a changed custom code according to selection of the option; and transmitting the changed custom code to the remote controller ([0233-0235, 0239, 0155-0157, 0188-0195] fig. 8, 15, 16) The user is given the option to set the remote control based on a connected external device. The setting process involves testing various codes and setting the new code once it is confirmed to be the appropriate code. This is interpreted as “changing a custom code” since new codes are transmitted and set to the remote control). It would have been obvious before the filing date of the invention to incorporate the custom code changing of Kim2 into the system of Kim in order to a method of confirming and verifying remote control codes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL HYUN HONG whose telephone number is (571)270-1553. The examiner can normally be reached M-F 9:00-5:30.
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/MICHAEL H HONG/Primary Examiner, Art Unit 2426