DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Summary of Response
2. Applicant’s 08/04/2026 response includes: (a) arguments/remarks pertaining to the rejection of claims 1-17; and (b) the grounds for rejection set forth in the 05/06/2026 office action are traversed. Claims 1-17 are currently pending and an office action follows:
Response to Arguments
3. Applicant’s arguments filed 08/04/2026 with respect to the rejection of claims 1-17 have been fully considered are not persuasive.
Applicant argues that the prior art combined teachings fail to teach: using a received image having a media content provider logo to identify a configuration data to configure a programmable key of a controlling device so that when it is selected it issues a command to a media access device to access the media content provider. (08/04/2026, p 1).
More specifically, applicant argues that while primary reference Sip discloses recognizing a desired keyboard layout by taking a digital picture of key labels and assigns stored character codes corresponding to the recognized characters corresponding to the keys, Sip neither discloses that this image includes a media content provider logo nor does it disclose causing a controlling device controlled by the keyboard to access a media content provider through a media access device. (08/04/2026, p 2). Applicant then states “[a]t most, Sip recognizes generic keyboard characters for keyboard-layout reassignment”. (08/04/2026, p 2). Examiner disagrees, as Sip discloses more than this. As shown in FIG. 1, Sip discloses a keyboard 100 storing codes assigned to each character such as “A” and “B” (¶0010, 0012). To create a customized keyboard (¶0017), a user places labels on the keyboard, takes a digital photo of this and inputs it to the keyboard’s storage unit 12 via the I/O port unit 11 (¶0013). The keyboard then recognizes the relative placement of these labels, recognizes each character in this layout, reassigns stored codes to each of these characters, and transfers these codes to a computer host so that the computer host is able to recognize the desired layout of the keys and carry out tasks, i.e., functions corresponding to selected keys (¶¶0013-0015, 0018).
While Sip performs its operations locally, it does not disclose a cloud-based server using stored instructions/software and a search engine to identify configuration data of the keyboard based on an image of a media content provider logo to allow activation of a programmed key to cause a media access device to access the media content provider.
Applicant next argues that while secondary reference Ozawa discloses a server using an image of an external device to acquire remote control information corresponding to this external device, it does not disclose using an image of a media content provider logo to identify configuration data for configuring a programmable key to access the media content provider (08/04/2026, pp 2-3). While examiner agrees, examiner points out that Ozawa also discloses memory storing software used to perform the steps of receiving from a terminal device an image of a controlled device {e.g., a television}, to extract the features from the image to identify the controlled device, and to send to the terminal device information to enable it to remotely control the controlled device (See e.g., Abstract; p 12, ¶¶3-9). Benefits from modifying Sip’s disclosure of recognizing a user set layout of keys used to control functions corresponding to the layout of keys to include Okawa’s teachings include: (i) allowing a user to more conveniently control the content displayed on a television (i.e., modify the terminal device so that it is able to control a television); (ii) cost savings as multiple controlling devices may obtain the configuration data for the current device they control from a single server and therefore need to store and search through multiple locally stored configurations; and (iii) more accurately detect the key(s) intended to be configured or reconfigured by the user.
Next applicant argues that Black does not teach using an image of a media content provider logo to identify configuration data for configuring a programmable key to access the media content provider (08/04/2026, pp 2-3), and because Black’s identification of a media stream corresponding to an overlay using an RFID tag or conductive pattern placed below the overlay and not using the visual logo displayed on the overlay, the combined teachings of Sip, Ozawa and Black do not suggest using a logo image to identify a media content provider (08/04/2026, p 3). Examiner disagrees. To begin with, Sip discloses using a character recognizing unit to recognize a desired keyboard layout by taking a digital picture of key labels and assigns stored character codes corresponding to the recognized characters corresponding to the keys (FIG. 1: 14; ¶¶0010, 0014, 0016). In addition, Black discloses controlling a device such as a television or set top box using customizing keys on a terminal device/remote control device using stickers including logos corresponding to media providers (Figs. 3-4; ¶¶0021, 0026-0027, 0029) with information on the identified logos corresponding to media streams being sent to a server (¶0029). While applicant is correct that Black discloses making an identification of the labels using an RFID tag, a conductive pattern placed below the overlay (¶¶0030-0031), or an optical reader (¶0034), examiner did not need to rely on this method of identifying the labels. Sip and Ozawa teach analyzing a digital picture of a customized keyboard including labels/stickers affixed to keys to make an identification of a layout of characters such as “A” or “B” (Sip: ¶¶0012-0013, 0018; Ozawa: p 7, ¶2; p 9, ¶beginning – “in this case”, p 12, ¶¶3-6), which is modified by Black so that the label/stickers include content provider names or logos (¶0026, especially – “Each overlay may include visual indicia representative of a media stream, for example a content provider name or logo, an icon representative of a media type, etc.”). Modifying Sip and Ozawa’s use of a digital camera to recognize characters on labels/stickers affixed to keys to recognize content provider names or logos on labels/stickers affixed to keys represents “combining prior art elements according to known methods to yield predictable results”. MPEP §2143 I. Examples of Rationales (A). In other words, examiner has established a prima facie case of obviousness by pointing to explicit facts, teachings, and a reasoned motivation to combine references from the perspective of a person of ordinary skill in the art before the effective filing date. MPEP ¶2142.
While applicant next argues that examiner’s prior art rejection is based on improper hindsight reasoning (08/04/2026, p 4), examiner points out that “[a]ny judgment on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time of the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper” MPEP §2145 citing In re McLaughlin, 443 F2d 1392, 1395, 170 USPQ 209, 212 (CCPA 1971). As set forth above and in the below office action, examiner sets forth rationales for combining the teachings from these prior art references.
As to the rejection of claims 1-17 based on the ground of nonstatutory obviousness-type double patenting, applicant states that this grounds of rejection is based on the above described problems with the cited prior art in terms of teaching the presently claimed subject matter (08/04/2026, p 4). While applicant argues that Black discloses identification based on an RFID tag or conductive pattern below overlay and not image recognition (08/04/2026, p 5), examiner points out for the double patenting rejection of claim 1, claim 1 of U.S. Patent No. 12,273,579 B2 discloses using a received image having a media content provider logo usable to configure a programmable key to cause the controlling device to issue one or more commands to a target controllable device to access provider content (05/06/2026 Nonfinal Rejection, p 5).
While claim 1 of U.S. Patent No. 12,273,579 B2 discloses a media content provider logo to identify a configurate data usable by a controlling device, it does not disclose a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key for which Black was cited (05/06/2026 Nonfinal Rejection, p 6). Also, while claim 1 of U.S. Patent No. 12,022,147 B2 and claim 1 of U.S. Patent No. 11,678,002 discloses a smart device having an associated camera adapted to capture an image of a logo on an insert coupled to a programmable key to configure a programmable key, it does not disclose a non-transistory, computer readable media having instructions stored thereon to allow a cloud-based server to receive an image to identify a configuration data to issue commands to a media access device to access a media content provider, Ozawa and Black were cited for these teachings (05/06/2026 Nonfinal Rejection, pp 14-15).
In summary, examiner maintains the previously-cited grounds of rejection of claims 1-17 set forth in the 05/06/2026 Nonfinal Rejection.
Claim Rejections – Nonstatutory Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
5. A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
6. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
7. Claims 1-2 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 of U.S. Patent No. 12,273,579 B2 in view of U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”).
See the below juxtaposition of applicant’s claims to those of U.S. Patent No. 12,273,579 B2.
Claim 1 of the present application
Claim 1 of U.S. Patent No. 12,273,579 B2
A non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising:
using a received image having a media content provider logo to identify a
configuration data usable by a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key of the controlling device such that activation of the programmable key will cause the controlling device to issue one or more commands to the media access device to cause the media access device to access the media content provider.
Claim 1: A non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising:
Claim 1: using a received image having a media content provider logo and received data indicative of an ecosystem which includes a controlling device to identify a
configuration data usable by a controlling device to configure a programmable key of the controlling device such that activation of the programmable key will cause the controlling device to issue one or more commands to a target controllable device within the ecosystem to cause the target controllable device to access the media content provider.
Claim 4 of the present application
Claim 8 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recited in claim 3, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to invoke an app that provides access to media originating from the media content provider.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the target controllable device to cause the target controllable device to invoke an app that provides access to media originating from the media content provider.
Claim 5 of the present application
Claim 9 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recited in claim 3, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to navigate to a website that provides access to media originating from the media content provider.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the target controllable device to cause the target controllable device to navigate to a website that provides access to media originating from the media content provider.
Claim 6 of the present application
Claim 10 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recite in claim 3, wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
The non-transitory, computer-readable media as recite in claim 1, wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
Claim 7 of the present application
Claim 11 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recited in claim 3, wherein the configuration data comprises one or more commands selected from one or more command code sets.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises one or more commands selected from one or more command code sets.
Claim 8 of the present application
Claim 12 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recited in claim 3, wherein the instructions further use a geographic location data to identify the configuration data.
The non-transitory, computer-readable media as recited in claim 1, wherein the instructions further use a geographic location data to identify the configuration data.
Claim 10 of the present application
Claim 8 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to invoke an app that provides access to media originating from the media content provider.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the target controllable device to cause the target controllable device to invoke an app that provides access to media originating from the media content provider.
Claim 11 of the present application
Claim 9 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to navigate to a website that provides access to media originating from the media content provider.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the target controllable device to cause the target controllable device to navigate to a website that provides access to media originating from the media content provider.
Claim 12 of the present application
Claim 10 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recite in claim 9, wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
The non-transitory, computer-readable media as recite in claim 1, wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
Claim 13 of the present application
Claim 11 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises one or more commands selected from one or more command code sets.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises one or more commands selected from one or more command code sets.
Claim 14 of the present application
Claim 12 (depends upon claim 1) of U.S. Patent No. 12,273,579 B2
The non-transitory, computer-readable media as recited in claim 9, wherein the instructions further use a geographic location data to identify the configuration data.
The non-transitory, computer-readable media as recited in claim 1, wherein the instructions further use a geographic location data to identify the configuration data.
Claim 15 of the present application
Claim 2 (depends upon claim 1) of U.S. Patent No. 12,273,579 B
The non-transitory, computer-readable media as recited in claim 1, wherein the received image further includes at least a portion of the programmable key and the instructions further use the at least a portion of the programmable key to identify the programmable key that is to be configured.
Claim 1: A non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising:
Claim 16 of the present application
Claim 2 (depends upon claim 1) of U.S. Patent No. 12,273,579 B
The non-transitory, computer-readable media as recited in claim 1, wherein the received image further includes at least a portion of the controlling device and the instructions further use the at least a portion of the controlling device to identify the programmable key that is to be configured.
Claim 1: A non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising:
As to claim 1, claim 1 of U.S. Patent No. 12,273,579 B2 does not expressly disclose a media content provider logo to identify a configuration data usable by a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key.
Black discloses a media content provider logo (e.g., HBO Family)(Figs. 3-4: 302; ¶¶0026, 0034) to identify a configuration data (¶¶0028-0029) usable by a controlling device(100)(Figs. 1, 4; ¶0021) dedicated at least in part to issue commands to a media access device of at least a specific type(102 or 104)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024) to configure a programmable key(402)(Fig. 4; ¶¶0026, 0028-0029, 0034).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,273,579 B2 with Black to provide: (i) a label that may be more accurately detected by a camera and a user; and (ii) a controlling device that is separate from a user’s phone so that a user may use both of these devices at the same time (e.g., to be on a phone call while viewing different content being displayed).
As to claim 2, claim 1 of U.S. Patent No. 12,273,579 B2 and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is dedicated at least in part to issue commands to a television type device(102)(Fig. 1; ¶¶0021, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
8. Claims 3-14 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 8-12 of U.S. Patent No. 12,273,579 B2 in view of U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) as applied to claim 1 above, in view of U.S. Patent Pub. No. 2007/0205912 A1 to Lane et al. (“Lane”).
As to claim 3, claim 1 of U.S. Patent No. 12,273,579 B2 and Black teach the non-transitory, computer-readable media as recited in claim 2, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is further dedicated at least in part to issue commands to a media access device of at least a specific type(102)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Claim 1 of U.S. Patent No. 12,273,579 B2 and Black do not expressly disclose wherein the controlling device is further dedicated at least in part to issue commands to a media access device of at least a specific brand.
Lane discloses wherein the controlling device(100)(FIG. 1; ¶¶0027-0029) is further dedicated at least in part to issue commands to a media access device(television or cable television box)(FIG. 1: 100; ¶¶0025, 0027-0029) of at least a specific brand (FIG. 1: 100; ¶¶0025, 0027-0029).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,273,579 B2 and Black with Lane to provide a non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps that may be more easily be carried out when a newer version of the control device is used (¶¶0030, 0035) such as when the original control device becomes lost or broken and no longer manufactured and sold.
As to claim 7, claim 1 of U.S. Patent No. 12,273,579 B2, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Black further discloses the configuration data comprises one or more commands selected from one or more command code sets (Fig. 4: 402; ¶¶0025, especially - “command data set within a preprogrammed library of command data”).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,273,579 B2, Black and Lane with the additional teachings of Lane to simplify the configuration of the programmable key (i.e., the controlling device stores commands for configuring keys).
As to claim 9, claim 1 of U.S. Patent No. 12,273,579 B2 and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is further dedicated at least in part to issue commands to a media access device of at least a specific type(102)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Claim 1 of U.S. Patent No. 12,273,579 B2 and Black do not expressly disclose wherein the controlling device is further dedicated at least in part to issue commands to a media access device of at least a specific brand.
Lane discloses wherein the controlling device(100)(FIG. 1; ¶¶0027-0029) is further dedicated at least in part to issue commands to a media access device(television or cable television box)(FIG. 1: 100; ¶¶0025, 0027-0029) of at least a specific brand (FIG. 1: 100; ¶¶0025, 0027-0029).
The motivation to combine Lane is set forth above for claim 3.
As to claim 13, claim 1 of U.S. Patent No. 12,273,579 B2, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Black further discloses wherein the configuration data comprises one or more commands selected from one or more command code sets (Fig. 4: 402; ¶¶0025, especially - “command data set within a preprogrammed library of command data”).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,273,579 B2, Black and Lane with Black’s further teachings to simplify the configuration of the programmable key (i.e., the controlling device stores commands for configuring keys).
9. Claim 15 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,273,579 B2 in view of U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) as applied to claim 1 above, in view of U.S. Patent Pub. No. 2010/0328218 A1 to Sip.
As to claim 15, claim 1 of U.S. Patent No. 12,273,579 B2, Black and Lane teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Claim 1 of U.S. Patent No. 12,273,579 B2, Black and Lane do not expressly disclose wherein the received image further includes at least a portion of the programmable key and use the at least a portion of the programmable key to identify the programmable key that is to be configured.
Sip discloses wherein the received image further includes at least a portion of the programmable key (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016) and use the at least a portion of the programmable key (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016) to identify the programmable key that is to be configured (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Claim 2 of U.S. Patent No. 12,273,579 B2, Black and Lane with Sip to more accurately detect the key intended to be configured by the user.
10. Claims 16-17 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,273,579 B2 in view of U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) as applied to claim 1 above, in view of Japan Patent Pub. No. 2010088032A to Ozawa.
As to claim 16, claim 1 of U.S. Patent No. 12,273,579 B2 and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Claim 1 of U.S. Patent No. 12,273,579 B2 and Black do not expressly disclose wherein the received image further includes at least a portion of the controlling device and use the at least a portion of the controlling device to identify the programmable key that is to be configured.
Ozawa discloses wherein the received image further includes at least a portion of the controlling device (FIG. 1: 15; p 4, ¶beginning - “Photographing means”, especially - “an image of the external device”; p 12, ¶¶5, 7) and use the at least a portion of the controlling device to identify the programmable key that is to be configured (FIG. 1: 10, 15, 20; p 12, ¶¶2-6, 8-9; p 13, ¶¶5-7; p 15, ¶6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Claim 1 of U.S. Patent No. 12,273,579 B2 and Black with Ozawa to more accurately detect the key intended to be configured by the user.
As to claim 17, claim 1 of U.S. Patent No. 12,273,579 B2, Black and Ozawa teach the non-transitory, computer-readable media as recited in claim 16, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is dedicated at least in part to issue commands to a television type device(102)(Fig. 1; ¶¶0021, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
11. Claims 1-2 and 16-17 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1-2 of U.S. Patent No. 12,022,147 B2 in view of Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”).
See the below juxtaposition of applicant’s claims to those of U.S. Patent No. 12,022,147 B2.
Claim 1 of the present application
Claim 1 of U.S. Patent No. 12,022,147 B2
A non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising:
using a received image having a media content provider logo to identify a
configuration data usable by a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key of the controlling device such that activation of the programmable key will cause the controlling device to issue one or more commands to the media access device to cause the media access device to access the media content provider.
A system, comprising: a cloud-based server having an associated image search engine;
a controlling device having at least one programmable key; an insert carrying at least a media content provider logo, the insert adapted to be removably coupled to the at least one programmable key;
and a smart device having an associated camera; wherein the smart device is adapted to capture with the camera an image of the logo on the insert as coupled to the at least one programmable key, provide the captured image of the logo on the insert as coupled to the at least one programmable key to a cloud-based server, and cause the configuration data obtained from the cloud-based server to be provided to the controlling device, the cloud-based server is adapted to use the captured image of the logo on the insert as coupled to the at least one programmable key as provided by the smart device to identify the at least one programmable key of the controlling device and to identify the configuration data, and the configuration data comprises data usable by the controlling device to configure the identified at least one programmable key of the controlling device to which the insert is coupled such that activation of the identified at least one programmable key to which the insert is coupled will cause the controlling device to issue one or more commands to a target controllable device to cause the target controllable device to access the media content provider.
Claim 4 of the present application
Claim 3 (depends upon claim 1) of U.S. Patent No. 12,022,147 B2
The non-transitory, computer-readable media as recited in claim 3, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to invoke an app that provides access to media originating from the media content provider.
The system as recited in claim 1, wherein the configuration data comprises data for configuring the at least one programmable key to issue one or more commands to the target controllable device to cause the target controllable device to invoke an app that provides access to media originating from the media content provider.
Claim 5 of the present application
Claim 4 (depends upon claim 1) of U.S. Patent No. 12,022,147 B2
The non-transitory, computer-readable media as recited in claim 3, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to navigate to a website that provides access to media originating from the media content provider.
The system as recited in claim 1, wherein the configuration data comprises data for configuring the at least one programmable key to issue one or more commands to the target controllable device to cause the target controllable device to navigate to a website that provides access to media originating from the media content provider.
Claim 7 of the present application
Claim 6 (depends upon claim 1) of U.S. Patent No. 12,022,147 B2
The non-transitory, computer-readable media as recited in claim 3, wherein the configuration data comprises one or more commands selected from one or more command code sets.
The system as recited in claim 1, wherein the configuration data comprises one or more commands selected from one or more command code sets.
Claim 10 of the present application
Claim 3 (depends upon claim 1) of U.S. Patent No. 12,022,147 B2
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to invoke an app that provides access to media originating from the media content provider.
The system as recited in claim 1, wherein the configuration data comprises data for configuring the at least one programmable key to issue one or more commands to the target controllable device to cause the target controllable device to invoke an app that provides access to media originating from the media content provider.
Claim 11 of the present application
Claim 4 (depends upon claim 1) of U.S. Patent No. 12,022,147 B2
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to navigate to a website that provides access to media originating from the media content provider.
The system as recited in claim 1, wherein the configuration data comprises data for configuring the at least one programmable key to issue one or more commands to the target controllable device to cause the target controllable device to navigate to a website that provides access to media originating from the media content provider.
Claim 13 of the present application
Claim 6 (depends upon claim 1) of U.S. Patent No. 12,022,147 B2
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises one or more commands selected from one or more command code sets.
The system as recited in claim 1, wherein the configuration data comprises one or more commands selected from one or more command code sets.
As to claim 1, claim 1 of U.S. Patent No. 12,022,147 B2 does not expressly
disclose a non-transitory, computer-readable media having stored
thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising: using a received image to identify a configuration data usable by a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key of the controlling device such that activation of the programmable key will cause the controlling device to issue one or more commands to the media access device to cause the media access device to access the media content provider.
Ozawa discloses a non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server(20)(FIG. 1; p 12, ¶¶2-3, 6) having an associated image search engine for causing the cloud-based server(20)(FIG. 1; p 12, ¶¶2-6; p 13, ¶¶5-7) to perform steps comprising:
using a received image (FIG. 1: 15; p 12, ¶¶5, 7) to identify a configuration data usable by a controlling device(10)(FIG. 1: 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8) to issue commands to a media access device of at least a specific type (p 12, ¶4, especially - “a video device (television)”) to configure a programmable key of the controlling device(10)(FIG. 1; p 12, ¶¶4, 8-9; p 15, ¶6) such that activation of the programmable key will cause the controlling device(10)(FIG. 1; p 12, ¶¶4, 8-9; p 15, ¶6) to issue one or more commands to the media access device (FIG. 1: 10; p 12, ¶¶4, 8-9; p 15, ¶6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify U.S. Patent No. 12,022,147 B2 with Ozawa to provide a system that: (i) allows the convenient programming of a device to control the content displayed on a television; (ii) provides cost savings because multiple controlling devices can use a same server to obtain their respective configuration data; and (iii) more accurately detects the key intended to be configured by the user.
Black discloses a media content provider logo (e.g., HBO Family)(Figs. 3-4: 302; ¶¶0026, 0034) to identify a configuration data (¶¶0028-0029) usable by a controlling device(100)(Figs. 1, 4; ¶0021) dedicated at least in part to issue commands to a media access device of at least a specific type(102 or 104)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024) to configure a programmable key(402)(Fig. 4; ¶¶0026, 0028-0029, 0034) of the controlling device(100)(Figs. 1, 4; ¶0021) such that activation of the programmable key(402)(Fig. 4: 302; ¶¶0024-0026, 0029, 0034) will cause the controlling device(100)(Figs. 1, 4; ¶¶0021, 0026) to issue one or more commands to the media access device(102 or 104)(Fig. 1; ¶¶0021, 0024) to cause the media access device(102 or 104)(Fig. 1; ¶¶0021, 0024) to access the media content provider(e.g., HBO Family)(Figs. 3-4; ¶¶0026, 0034).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify U.S. Patent No. 12,022,147 B2 and Ozawa with Black to provide: (i) a label that may be more accurately detected by a camera and a user; and (ii) a controlling device that is separate from a user’s phone so that a user may use both of these devices at the same time (e.g., to be on a phone call while viewing different content being displayed).
As to claim 2, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is dedicated at least in part to issue commands to a television type device(102)(Fig. 1; ¶¶0021, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
As to claim 16, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Ozawa further discloses wherein the received image further includes at least a portion of the controlling device (FIG. 1: 15; p 4, ¶beginning - “Photographing means”, especially - “an image of the external device”; p 12, ¶¶5, 7) and use the at least a portion of the controlling device to identify the programmable key that is to be configured (FIG. 1: 10, 15, 20; p 12, ¶¶2-6, 8-9; p 13, ¶¶5-7; p 15, ¶6).
The motivation to combine the additional teachings of Ozawa is for the same reason (reason #3) set forth above for claim 1.
As to claim 17, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 16, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is dedicated at least in part to issue commands to a television type device(102)(Fig. 1; ¶¶0021, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
12. Claims 3-5, 7-11 and 13-14 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 12,022,147 B2 in view of Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) as applied to claim 1 above, in view of U.S. Patent Pub. No. 2007/0205912 A1 to Lane et al. (“Lane”).
As to claim 3, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 2, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is further dedicated at least in part to issue commands to a media access device of at least a specific type(102)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black do not expressly disclose wherein the controlling device is further dedicated at least in part to issue commands to a media access device of at least a specific brand.
Lane discloses wherein the controlling device(100)(FIG. 1; ¶¶0027-0029) is further dedicated at least in part to issue commands to a media access device(television or cable television box)(FIG. 1: 100; ¶¶0025, 0027-0029) of at least a specific brand (FIG. 1: 100; ¶¶0025, 0027-0029).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black with Lane to provide a non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps that may be more easily be carried out when a newer version of the control device is used (¶¶0030, 0035) such as when the original control device becomes lost or broken and no longer manufactured and sold.
As to claim 8, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Black further discloses wherein the instructions further use a geographic location data to identify the configuration data (¶¶0023, 0028; claims 6-7).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane with Black’s further teachings to allow the controlling device to issue commands to a television type display to correctly select the intended media content provider regardless of the region in which it is used (¶0028).
As to claim 9, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is further dedicated at least in part to issue commands to a media access device of at least a specific type(102)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Lane further discloses wherein the controlling device(100)(FIG. 1; ¶¶0027-0029) is further dedicated at least in part to issue commands to a media access device(television or cable television box)(FIG. 1: 100; ¶¶0025, 0027-0029) of at least a specific brand (FIG. 1: 100; ¶¶0025, 0027-0029).
The motivation to combine Lane is set forth above for claim 3.
As to claim 14, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Black further discloses wherein the instructions further use a geographic location data to identify the configuration data (¶¶0023, 0028; claims 6-7).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane with Black’s further teachings to allow the controlling device to issue commands to a television type display to correctly select the intended media content provider regardless of the region in which it is used (¶0028).
13. Claim 15 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,022,147 B2 in view of Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) as applied to claim 1 above, in view of U.S. Patent Pub. No. 2010/0328218 A1 to Sip.
As to claim 15, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black do not expressly disclose wherein the received image further includes at least a portion of the programmable key and use the at least a portion of the programmable key to identify the programmable key that is to be configured.
Sip further discloses wherein the received image further includes at least a portion of the programmable key (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016) and use the at least a portion of the programmable key (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016) to identify the programmable key that is to be configured (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa and Black with Sip to more accurately detect the key intended to be configured by the user.
14. Claims 6 and 12 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,022,147 B2 in view of Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) in view of U.S. Patent Pub. No. 2007/0205912 A1 to Lane et al. (“Lane”) as applied to claim 9 above, in view of U.S. Patent Pub. No. 2020/0034036 A1 to Negron et al. (“Negron”).
As to claim 6 , claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Lane further discloses wherein the configuration data comprises one or more commands in one or more command code sets stored in a memory of the controlling device (FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036).
The motivation to combine the additional teachings of Lane is for the same reasoning set forth above for claim 3.
Claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane do not expressly disclose wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
Negron discloses wherein the configuration data comprises a pointer to one or more commands stored in a memory of the controlling device (¶0062; claim 6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane with Negron to allow the controlling device to issue commands to a television type display using less memory and less execution time.
As to claim 12, claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Lane further discloses wherein the configuration data comprises one or more commands in one or more command code sets stored in a memory of the controlling device (FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036).
The motivation to combine the additional teachings of Lane is for the same reasoning set forth above for claim 3.
Claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane do not expressly disclose wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
Negron discloses wherein the configuration data comprises a pointer to one or more commands stored in a memory of the controlling device (¶0062; claim 6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,022,147 B2, Ozawa, Black and Lane with Negron to allow the controlling device to issue commands to a television type display using less memory and less execution time.
15. Claims 1-2 and 16-17 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 11,678,002 B1 in view of Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”).
See the below juxtaposition of applicant’s claims to those of U.S. Patent No. 11,678,002 B1.
Claim 1 of the present application
Claim 1 of U.S. Patent No. 11,678,002 B1
A non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising:
using a received image having a media content provider logo to identify a
configuration data usable by a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key of the controlling device such that activation of the programmable key will cause the controlling device to issue one or more commands to the media access device to cause the media access device to access the media content provider.
A non-transitory, computer-readable media having stored thereon instructions wherein the instructions, when
executed by a smart device,
cause the smart device to perform steps to configure one of a plurality of programmable keys of a controlling device adapted to be removably
coupled to an insert that is associated with a QR code having encoded data indicative of at least a media content provider, the steps comprising: capturing an image of the QR code; using a QR decoder associated with the smart device to decode the encoded data indictive of at least the media content provider;
receiving a data indicative of the one of the plurality of programmable keys of the controlling device; causing the decoded data indicative of at least the media
content provider and the data indicative of the one of the plurality of programmable keys of the controlling device to be used by a cloud-based server for a purpose
of identifying a configuration data, wherein the configuration data comprises data for configuring the one of the plurality of programmable keys of the controlling device to which the insert is to be coupled such that activation of the one of the plurality of programmable
keys will cause the controlling device to issue one or more commands to a target controllable device to cause the target controllable device to access the media
content provider; and causing the configuration data to be provided to the controlling device.
Claim 2 of the present application
Claim 2 (depends upon claim 1) of U.S. Patent No. 11,678,002 B1
Claim 4 of the present application
Claim 3 (depends upon claim 1) of U.S. Patent No. 11,678,002 B1
The non-transitory, computer-readable media as recited in claim 3, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to invoke an app that provides access to media originating from the media content provider.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises data for configuring the programmable key to issue one or more commands to the target controllable device to cause the target controllable device to invoke an app that provides access to media originating from the media content provider.
Claim 5 of the present application
Claim 4 (depends upon claim 1) of U.S. Patent No. 11,678,002 B1
The non-transitory, computer-readable media as recited in claim 3, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to navigate to a website that provides access to media originating from the media content provider.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises data for configuring the programmable key to issue one or more commands to the target controllable device to cause the target controllable device to navigate to a website that provides access to media originating from the media content provider.
Claim 7 of the present application
Claim 6 (depends upon claim 1) of U.S. Patent No. 11,678,002 B1
The configuration data comprises one or more commands selected from one or more command code sets.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises one or more commands selected from one or more command code sets.
Claim 10 of the present application
Claim 3 (depends upon claim 1) of U.S. Patent No. 11,678,002 B1
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to invoke an app that provides access to media originating from the media content provider.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises data for configuring the programmable key to issue one or more commands to the target controllable device to cause the target controllable device to invoke an app that provides access to media originating from the media content provider.
Claim 11 of the present application
Claim 4 (depends upon claim 1) of U.S. Patent No. 11,678,002 B1
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to navigate to a website that provides access to media originating from the media content provider.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises data for configuring the programmable key to issue one or more commands to the target controllable device to cause the target controllable device to navigate to a website that provides access to media originating from the media content provider.
Claim 13 of the present application
Claim 6 (depends upon claim 1) of U.S. Patent No. 11,678,002 B1
The non-transitory, computer-readable media as recited in claim 9, wherein the configuration data comprises one or more commands selected from one or more command code sets.
The non-transitory, computer-readable media as recited in claim 1, wherein the configuration data comprises one or more commands selected from one or more command code sets.
As to claim 1, claim 1 of U.S. Patent No. 11,678,002 B1 does not expressly
disclose a non-transitory, computer-readable media having stored
thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising: using a received image to identify a configuration data usable by a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key of the controlling device such that activation of the programmable key will cause the controlling device to issue one or more commands to the media access device to cause the media access device to access the media content provider.
Ozawa discloses a non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server(20)(FIG. 1; p 12, ¶¶2-3, 6) having an associated image search engine for causing the cloud-based server(20)(FIG. 1; p 12, ¶¶2-6; p 13, ¶¶5-7) to perform steps comprising:
using a received image (FIG. 1: 15; p 12, ¶¶5, 7) to identify a configuration data usable by a controlling device(10)(FIG. 1: 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8) to issue commands to a media access device of at least a specific type (p 12, ¶4, especially - “a video device (television)”) to configure a programmable key of the controlling device(10)(FIG. 1; p 12, ¶¶4, 8-9; p 15, ¶6) such that activation of the programmable key will cause the controlling device(10)(FIG. 1; p 12, ¶¶4, 8-9; p 15, ¶6) to issue one or more commands to the media access device (FIG. 1: 10; p 12, ¶¶4, 8-9; p 15, ¶6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify U.S. Patent No. 11,678,002 B1 with Ozawa to provide a system that: (i) allows the convenient programming of a device to control the content displayed on a television; (ii) provides cost savings because multiple controlling devices can use a same server to obtain their respective configuration data; and (iii) more accurately detects the key intended to be configured by the user.
Black discloses a media content provider logo (e.g., HBO Family)(Figs. 3-4: 302; ¶¶0026, 0034) to identify a configuration data (¶¶0028-0029) usable by a controlling device(100)(Figs. 1, 4; ¶0021) dedicated at least in part to issue commands to a media access device of at least a specific type(102 or 104)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024) to configure a programmable key(402)(Fig. 4; ¶¶0026, 0028-0029, 0034) of the controlling device(100)(Figs. 1, 4; ¶0021) such that activation of the programmable key(402)(Fig. 4: 302; ¶¶0024-0026, 0029, 0034) will cause the controlling device(100)(Figs. 1, 4; ¶¶0021, 0026) to issue one or more commands to the media access device(102 or 104)(Fig. 1; ¶¶0021, 0024) to cause the media access device(102 or 104)(Fig. 1; ¶¶0021, 0024) to access the media content provider(e.g., HBO Family)(Figs. 3-4; ¶¶0026, 0034).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify U.S. Patent No. 11,678,002 B1 and Ozawa with Black to provide: (i) a label that may be more accurately detected by a camera and a user; and (ii) a controlling device that is separate from a user’s phone so that a user may use both of these devices at the same time (e.g., to be on a phone call while viewing different content being displayed).
As to claim 2, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is dedicated at least in part to issue commands to a television type device(102)(Fig. 1; ¶¶0021, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
As to claim 16, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Ozawa further discloses wherein the received image further includes at least a portion of the controlling device (FIG. 1: 15; p 4, ¶beginning - “Photographing means”, especially - “an image of the external device”; p 12, ¶¶5, 7) and use the at least a portion of the controlling device to identify the programmable key that is to be configured (FIG. 1: 10, 15, 20; p 12, ¶¶2-6, 8-9; p 13, ¶¶5-7; p 15, ¶6).
The motivation to combine the additional teachings of Ozawa is for the same reason (reason #3) set forth above for claim 1.
As to claim 17, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 16, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is dedicated at least in part to issue commands to a television type device(102)(Fig. 1; ¶¶0021, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
16. Claims 3-5, 7-11 and 13-14 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,678,002 B1 in view of Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) as applied to claims 1 and 3-6 above, in view of U.S. Patent Pub. No. 2007/0205912 A1 to Lane et al. (“Lane”).
As to claim 3, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 2, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is further dedicated at least in part to issue commands to a media access device of at least a specific type(102)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black do not expressly disclose wherein the controlling device is further dedicated at least in part to issue commands to a media access device of at least a specific brand.
Lane discloses wherein the controlling device(100)(FIG. 1; ¶¶0027-0029) is further dedicated at least in part to issue commands to a media access device(television or cable television box)(FIG. 1: 100; ¶¶0025, 0027-0029) of at least a specific brand (FIG. 1: 100; ¶¶0025, 0027-0029).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black with Lane to provide a non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps that may be more easily be carried out when a newer version of the control device is used (¶¶0030, 0035) such as when the original control device becomes lost or broken and no longer manufactured and sold.
As to claim 8, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Black further discloses wherein the instructions further use a geographic location data to identify the configuration data (¶¶0023, 0028; claims 6-7).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane with Black’s further teachings to allow the controlling device to issue commands to a television type display to correctly select the intended media content provider regardless of the region in which it is used (¶0028).
As to claim 9, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is further dedicated at least in part to issue commands to a media access device of at least a specific type(102)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Lane further discloses wherein the controlling device(100)(FIG. 1; ¶¶0027-0029) is further dedicated at least in part to issue commands to a media access device(television or cable television box)(FIG. 1: 100; ¶¶0025, 0027-0029) of at least a specific brand (FIG. 1: 100; ¶¶0025, 0027-0029).
The motivation to combine Lane is set forth above for claim 3.
As to claim 14, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Black further discloses wherein the instructions further use a geographic location data to identify the configuration data (¶¶0023, 0028; claims 6-7).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane with Black’s further teachings to allow the controlling device to issue commands to a television type display to correctly select the intended media content provider regardless of the region in which it is used (¶0028).
17. Claim 15 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,678,002 B1 in view of Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) as applied to claim 1 above, in view of U.S. Patent Pub. No. 2010/0328218 A1 to Sip.
As to claim 15, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black do not expressly disclose wherein the received image further includes at least a portion of the programmable key and use the at least a portion of the programmable key to identify the programmable key that is to be configured.
Sip further discloses wherein the received image further includes at least a portion of the programmable key (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016) and use the at least a portion of the programmable key (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016) to identify the programmable key that is to be configured (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa and Black with Sip to more accurately detect the key intended to be configured by the user.
18. Claims 6 and 12 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,678,002 B1 in view of Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) in view of U.S. Patent Pub. No. 2007/0205912 A1 to Lane et al. (“Lane”) as applied to claim 9 above, in view of U.S. Patent Pub. No. 2020/0034036 A1 to Negron et al. (“Negron”).
As to claim 6 , claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Lane further discloses wherein the configuration data comprises one or more commands in one or more command code sets stored in a memory of the controlling device (FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036).
The motivation to combine the additional teachings of Lane is for the same reasoning set forth above for claim 3.
Claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane do not expressly disclose wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
Negron discloses wherein the configuration data comprises a pointer to one or more commands stored in a memory of the controlling device (¶0062; claim 6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane with Negron to allow the controlling device to issue commands to a television type display using less memory and less execution time.
As to claim 12, claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Lane further discloses wherein the configuration data comprises one or more commands in one or more command code sets stored in a memory of the controlling device (FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036).
The motivation to combine the additional teachings of Lane is for the same reasoning set forth above for claim 3.
Claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane do not expressly disclose wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
Negron discloses wherein the configuration data comprises a pointer to one or more commands stored in a memory of the controlling device (¶0062; claim 6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 11,678,002 B1, Ozawa, Black and Lane with Negron to allow the controlling device to issue commands to a television type display using less memory and less execution time.
Claim Rejections – 35 USC § 103
19. 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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
20. Claims 1-2 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2010/0328218 A1 to Sip, Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”).
As to claim 1, Sip discloses a system (FIG. 1: 100; ¶¶0010, 0013) having an associated image search engine (FIG. 1: 14; ¶¶0014-0016) to perform steps comprising:
using a received image having a label (FIG. 1: 100; ¶0013) to identify a configuration data (FIG. 1: 14; ¶¶0014-0016) usable by a controlling device(100)(FIG. 1; ¶0010) to configure a programmable key (FIG. 1: 14-15, 100; ¶¶0010, 0013-0016) of the controlling device(100)(FIG. 1; ¶0010).
Sip does not expressly disclose a non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps comprising:
using a received image having a media content provider logo to identify a configuration data usable by a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key of the controlling device such that activation of the programmable key will cause the controlling device to issue one or more commands to the media access device to cause the media access device to access the media content provider.
Ozawa discloses a non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server(20)(FIG. 1; p 12, ¶¶2-3, 6) having an associated image search engine for causing the cloud-based server(20)(FIG. 1; p 12, ¶¶2-6; p 13, ¶¶5-7) to perform steps comprising:
using a received image (FIG. 1: 15; p 12, ¶¶5, 7) to identify a configuration data usable by a controlling device(10)(FIG. 1: 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8) to issue commands to a media access device of at least a specific type (p 12, ¶4, especially - “a video device (television)”) to configure a programmable key of the controlling device(10)(FIG. 1; p 12, ¶¶4, 8-9; p 15, ¶6) such that activation of the programmable key will cause the controlling device(10)(FIG. 1; p 12, ¶¶4, 8-9; p 15, ¶6) to issue one or more commands to the media access device (FIG. 1: 10; p 12, ¶¶4, 8-9; p 15, ¶6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Sip with Ozawa to provide a system that: (i) allows the convenient programming of a device to control the content displayed on a television; (ii) provides cost savings because multiple controlling devices can use a same server to obtain their respective configuration data; and (iii) more accurately detects the key intended to be configured by the user.
Black discloses a media content provider logo (e.g., HBO Family)(Figs. 3-4: 302; ¶¶0026, 0034) to identify a configuration data (¶¶0028-0029) usable by a controlling device(100)(Figs. 1, 4; ¶0021) dedicated at least in part to issue commands to a media access device of at least a specific type(102 or 104)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024) to configure a programmable key(402)(Fig. 4; ¶¶0026, 0028-0029, 0034) of the controlling device(100)(Figs. 1, 4; ¶0021) such that activation of the programmable key(402)(Fig. 4: 302; ¶¶0024-0026, 0029, 0034) will cause the controlling device(100)(Figs. 1, 4; ¶¶0021, 0026) to issue one or more commands to the media access device(102 or 104)(Fig. 1; ¶¶0021, 0024) to cause the media access device(102 or 104)(Fig. 1; ¶¶0021, 0024) to access the media content provider(e.g., HBO Family)(Figs. 3-4; ¶¶0026, 0034).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Sip and Ozawa with Black to provide: (i) a label that may be more accurately detected by a camera and a user; and (ii) a controlling device that is separate from a user’s phone so that a user may use both of these devices at the same time (e.g., to be on a phone call while viewing different content being displayed).
Sip, Ozawa and Black teach using a received image having a media content provider logo to identify a configuration data usable by a controlling device dedicated at least in part to issue commands to a media access device of at least a specific type to configure a programmable key of the controlling device such that activation of the programmable key will cause the controlling device to issue one or more commands to the media access device to cause the media access device to access the media content provider (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016; Ozawa: FIG. 1: 10, 15, 20; p 12, ¶¶4-9; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; p 15, ¶6; Black: Figs. 1, 3-4: 100, 102 or 104, 302, 402, HBO Family; ¶¶0021, 0024-0026, 0028-0029, 0034).
As to claim 2, Sip, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Sip, Ozawa and Black further teach wherein the controlling device is dedicated at least in part to issue commands to a television type device (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016; Ozawa: FIG. 1: 10; p 12, ¶¶4, 8-9; p 15, ¶6; Black: Figs 1, 4: 100, 102, 302, 402, HBO Family; ¶¶0021, 0024, 0026, 0028-0029, 0034
The motivation to combine the additional teachings of Ozawa is for the same reason (reason #1) set forth above for claim 1; and the motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
As to claim 15, Sip, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Sip, Ozawa and Black further teach wherein the received image further includes at least a portion of the programmable key (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016, 0018; Ozawa: FIG. 1: 15; p 12, ¶¶5, 7; Black: Figs. 3-4: 302, HBO Family; ¶¶0026, 0034) and the instructions further use the at least a portion of the programmable key to identify the programmable key that is to be configured (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016, 0018; Ozawa: FIG. 1: 10, 15, 20; p 12, ¶¶2-6, 8-9; p 13, ¶¶5-7; p 15, ¶6; Black: Figs. 3-4: 302, 402, HBO Family; ¶¶0026, 0028-0029, 0034).
The motivation to combine the additional teachings of Ozawa is for the same reason (reason #3) set forth above for claim 1; and the motivation to combine the additional teachings of Black is for the same reason (reason #1) set forth above for claim 1.
As to claim 16, Sip, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Sip, Ozawa and Black further teach wherein the received image further includes at least a portion of the controlling device (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016, 0018; Ozawa: FIG. 1: 15; p 4, ¶beginning - “Photographing means”, especially - “an image of the external device”; p 12, ¶¶5, 7; Black: Figs. 3-4: 302, HBO Family; ¶¶0026, 0034) and the instructions further use the at least a portion of the controlling device to identify the programmable key that is to be configured (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016, 0018; Ozawa: FIG. 1: 10, 15, 20; p 12, ¶¶2-6, 8-9; p 13, ¶¶5-7; p 15, ¶6; Black: Figs. 3-4: 302, 402, HBO Family; ¶¶0026, 0028-0029, 0034).
The motivation to combine the additional teachings of Ozawa is for the same reason (reason #3) set forth above for claim 1; and the motivation to combine the additional teachings of Black is for the same reason (reason #1) set forth above for claim 1.
As to claim 17, Sip, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 16, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is dedicated at least in part to issue commands to a television type device(102)(Fig. 1; ¶¶0021, especially - “a television 102…dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
21. Claims 3, 7-9 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2010/0328218 A1 to Sip, Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) as applied to claim 2 above, in view of U.S. Patent Pub. No. 2007/0205912 A1 to Lane et al. (“Lane”).
As to claim 3, Sip, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 2, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is further dedicated at least in part to issue commands to a media access device of at least a specific type(102)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Ozawa is for the same reason (reason #1) set forth above for claim 1; and the motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Sip, Ozawa and Black do not expressly disclose wherein the controlling device is further dedicated at least in part to issue commands to a media access device of at least a specific brand.
Lane discloses wherein the controlling device(100)(FIG. 1; ¶¶0027-0029) is further dedicated at least in part to issue commands to a media access device(television or cable television box)(FIG. 1: 100; ¶¶0025, 0027-0029) of at least a specific brand (FIG. 1: 100; ¶¶0025, 0027-0029).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Sip, Ozawa and Black with Lane to provide a non-transitory, computer-readable media having stored thereon instructions executable by a cloud-based server having an associated image search engine for causing the cloud-based server to perform steps that may be more easily be carried out when a newer version of the control device is used (¶¶0030, 0035) such as when the original control device becomes lost or broken and no longer manufactured and sold.
As to claim 7, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Sip, Ozawa, Black and Lane further teach wherein the configuration data comprises one or more commands selected from one or more command code sets (Sip: FIG. 1: 14; ¶¶0014-0016; Ozawa: FIG. 1: 10, 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; Black: Fig. 4: 402; ¶¶0025, especially - “command data set within a preprogrammed library of command data”, 0026, 0028-0029, 0034; Lane: FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036).
The motivation to combine the additional teachings of Ozawa is for the same reason (i.e., reason #1) set forth above for claim 1; the motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1; and the motivation to combine the additional teachings of Lane is for the same reasoning set forth above for claim 3.
As to claim 8, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Black further discloses wherein the instructions further use a geographic location data to identify the configuration data (¶¶0023, 0028; claims 6-7).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Sip, Ozawa, Black and Lane with Black’s further teachings to allow the controlling device to issue commands to a television type display to correctly select the intended media content provider regardless of the region in which it is used (¶0028).
As to claim 9, Sip, Ozawa and Black teach the non-transitory, computer-readable media as recited in claim 1, as applied above.
Black further discloses wherein the controlling device(100)(Figs. 1, 4; ¶0021) is further dedicated at least in part to issue commands to a media access device of at least a specific type(102)(Fig. 1; ¶¶0021, especially - “dedicated controlling devices”, 0024).
The motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Sip, Ozawa and Black do not expressly disclose wherein the controlling device is further dedicated at least in part to issue commands to a media access device of at least a specific brand.
Lane discloses wherein the controlling device(100)(FIG. 1; ¶¶0027-0029) is further dedicated at least in part to issue commands to a media access device(television or cable television box)(FIG. 1: 100; ¶¶0025, 0027-0029) of at least a specific brand (FIG. 1: 100; ¶¶0025, 0027-0029).
The motivation to combine Lane is set forth above for claim 3.
As to claim 13, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Sip, Ozawa, Black and Lane further teach wherein the configuration data comprises one or more commands selected from one or more command code sets (Sip: FIG. 1: 14; ¶¶0014-0016; Ozawa: FIG. 1: 10, 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; Black: Fig. 4: 402; ¶¶0026, 0028-0029, 0034; Lane: FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036).
The motivation to combine the additional teachings of Ozawa is for the same reason (i.e., reason #1) set forth above for claim 1; the motivation to combine the additional teachings of Black (reason #2) is for the same reason set forth above for claim 1; and the motivation to combine the additional teachings of Lane is for the same reasoning set forth above for claim 3.
As to claim 14, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Black further discloses wherein the instructions further use a geographic location data to identify the configuration data (¶¶0023, 0028; claims 6-7).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Sip, Ozawa, Black and Lane with Black’s further teachings to allow the controlling device to issue commands to a television type display to correctly select the intended media content provider regardless of the region in which it is used (¶0028).
22. Claims 4-5 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2010/0328218 A1 to Sip, Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) in view of U.S. Patent Pub. No. 2007/0205912 A1 to Lane et al. (“Lane”) as applied to claim 3 above, in view of U.S. Patent Pub. No. 2022/0329898 A1 to Emmanuel et al. (“Emmanuel”).
As to claim 4, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Sip, Ozawa, Black and Lane further teach wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to provide access to media originating from the media content provider (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016; Ozawa: FIG. 1: 10, 15, 20; p 12, ¶¶4-9; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; p 15, ¶6; Black: Figs. 1, 3-4: 100, 102 or 104, 302, 402, HBO Family; ¶¶0021, 0024-0026, 0028-0029, 0034).
The motivation to combine the additional teachings of Ozawa is for the same reason (i.e., reason #1) set forth above for claim 1; and the motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Sip, Ozawa and Black do not expressly disclose wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to invoke an app that provides access to media originating from the media content provider.
Emmanuel discloses wherein the configuration data comprises data for configuring the controlling device(120, 200)(FIGs. 1A, 2A; ¶¶0038, 0048-0049) to issue one or more commands to the media access device(110)(FIG. 1A; ¶¶0038-0039-0040, 0042, 0047, 0049-0050) to cause the media access device(110)(FIG. 1A; ¶¶0038-0039-0040, 0042, 0047, 0049-0050) to invoke an app (FIG. 1A: 110; ¶¶0038-0039-0040, 0042, 0047, 0049, especially - “an application…such as Netflix, HBO Go, Amazon Prime, Youtube” and 0050) that provides access to media originating from the media content provider(e.g., Netflix)(¶¶0049-0050).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Sip, Ozawa, Black and Lane with Emmanuel to allow the controlling device to issue commands to a television type display to display on-demand content (¶0049).
As to claim 5, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 3, as applied above.
Sip, Ozawa, Black and Lane further teach wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to provide access to media originating from the media content provider (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016; Ozawa: FIG. 1: 10, 15, 20; p 12, ¶¶4-9; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; p 15, ¶6; Black: Figs. 1, 3-4: 100, 102 or 104, 302, 402, HBO Family; ¶¶0021, 0024-0026, 0028-0029, 0034).
The motivation to combine the additional teachings of Ozawa is for the same reason (i.e., reason #1) set forth above for claim 1; and the motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Sip, Ozawa and Black do not expressly disclose wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to navigate to a website that provides access to media originating from the media content provider.
Emmanuel discloses wherein the configuration data comprises data for configuring the controlling device(120, 200)(FIGs. 1A, 2A; ¶¶0038, 0048-0049) to issue one or more commands to the media access device(110)(FIG. 1A; ¶¶0038-0039-0040, 0042, 0047, 0049-0050) to cause the media access device(110)(FIG. 1A; ¶¶0038-0039-0040, 0042, 0047, 0049-0050) to navigate to a website(one of: Youtube website, NASA Website, Udemy Course website)(FIGs. 9, 12-13; ¶¶0049, 0112, 0130-0131) that provides access to media originating from the media content provider(one of: Youtube, NASA, Udemy)(FIGs. 9, 12-13; ¶¶0049, 0112, 0130-0131).
The motivation to combine Emmanuel is set forth above for claim 4.
As to claim 10, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Sip, Ozawa, Black and Lane further teach wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to provide access to media originating from the media content provider (Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016; Ozawa: FIG. 1: 10, 15, 20; p 12, ¶¶4-9; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; p 15, ¶6; Black: Figs. 1, 3-4: 100, 102 or 104, 302, 402, HBO Family; ¶¶0021, 0024-0026, 0028-0029, 0034).
The motivation to combine the additional teachings of Ozawa is for the same reason (i.e., reason #1) set forth above for claim 1; and the motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Sip, Ozawa and Black do not expressly disclose wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to invoke an app that provides access to media originating from the media content provider.
Emmanuel discloses wherein the configuration data comprises data for configuring the controlling device(120, 200)(FIGs. 1A, 2A; ¶¶0038, 0048-0049) to issue one or more commands to the media access device(110)(FIG. 1A; ¶¶0038-0039-0040, 0042, 0047, 0049-0050) to cause the media access device(110)(FIG. 1A; ¶¶0038-0039-0040, 0042, 0047, 0049-0050) to invoke an app (FIG. 1A: 110; ¶¶0038-0039-0040, 0042, 0047, 0049, especially - “an application…such as Netflix, HBO Go, Amazon Prime, Youtube” and 0050) that provides access to media originating from the media content provider(e.g., Netflix)(¶¶0049-0050).
The motivation to combine Emmanuel is set forth above for claim 4.
As to claim 11, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Sip, Ozawa, Black and Lane further teach wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to provide access to media originating from the media content provider Sip: FIG. 1: 14-15, 100; ¶¶0010, 0013-0016; Ozawa: FIG. 1: 10, 15, 20; p 12, ¶¶4-9; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; p 15, ¶6; Black: Figs. 1, 3-4: 100, 102 or 104, 302, 402, HBO Family; ¶¶0021, 0024-0026, 0028-0029, 0034).
The motivation to combine the additional teachings of Ozawa is for the same reason (reason #1) set forth above for claim 1; and the motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1.
Sip, Ozawa and Black do not expressly disclose wherein the configuration data comprises data for configuring the controlling device to issue one or more commands to the media access device to cause the media access device to navigate to a website that provides access to media originating from the media content provider.
Emmanuel discloses wherein the configuration data comprises data for configuring the controlling device(120, 200)(FIGs. 1A, 2A; ¶¶0038, 0048-0049) to issue one or more commands to the media access device(110)(FIG. 1A; ¶¶0038-0039-0040, 0042, 0047, 0049-0050) to cause the media access device(110)(FIG. 1A; ¶¶0038-0039-0040, 0042, 0047, 0049-0050) to navigate to a website(one of: Youtube website, NASA Website, Udemy Course website)(FIGs. 9, 12-13; ¶¶0049, 0112, 0130-0131) that provides access to media originating from the media content provider(one of: Youtube, NASA, Udemy)(FIGs. 9, 12-13; ¶¶0049, 0112, 0130-0131).
The motivation to combine Emmanuel is set forth above for claim 4.
23. Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2010/0328218 A1 to Sip, Japan Patent Pub. No. 2010088032A to Ozawa and U.S. Patent Pub. No. 2015/0229985 A1 to Black et al. (“Black”) in view of U.S. Patent Pub. No. 2007/0205912 A1 to Lane et al. (“Lane”) as applied to claim 3 above, in view of U.S. Patent Pub. No. 2020/0034036 A1 to Negron et al. (“Negron”).
As to claim 6, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recite in claim 3, as applied above.
Sip, Ozawa, Black and Lane further teach wherein the configuration data comprises one or more commands in one or more command code sets stored in a memory of the controlling device (Sip: FIG. 1: 14; ¶¶0014-0016; Ozawa: FIG. 1: 10, 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; Black: Fig. 4: 402; ¶¶0026, 0028-0029, 0034; Lane: FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036).
The motivation to combine the additional teachings of Ozawa is for the same reason (reason #1) set forth above for claim 1; the motivation to combine the additional teachings of Black (reason #2) is for the same reason set forth above for claim 1; and the motivation to combine the additional teachings of Lane is for the same reasoning set forth above for claim 3.
Sip, Ozawa, Black and Lane do not expressly disclose wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
Negron discloses wherein the configuration data comprises a pointer to one or more commands stored in a memory of the controlling device (¶0062; claim 6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Sip, Ozawa, Black and Lane with Negron to allow the controlling device to issue commands to a television type display using less memory and less execution time.
Sip, Ozawa, Black, Lane and Negron teach wherein the configuration data comprises one or more commands in one or more command code sets stored in a memory of the controlling device (Sip: FIG. 1: 14; ¶¶0014-0016; Ozawa: FIG. 1: 10, 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; Black: Fig. 4: 402; ¶¶0026, 0028-0029, 0034; Lane: FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036; Negron: ¶0062; claim 6).
As to claim 12, Sip, Ozawa, Black and Lane teach the non-transitory, computer-readable media as recited in claim 9, as applied above.
Sip, Ozawa, Black and Lane further teach wherein the configuration data comprises one or more commands in one or more command code sets stored in a memory of the controlling device (Sip: FIG. 1: 14; ¶¶0014-0016; Ozawa: FIG. 1: 10, 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; Black: Fig. 4: 402; ¶¶0026, 0028-0029, 0034; Lane: FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036).
The motivation to combine the additional teachings of Ozawa is for the same reason (i.e., reason #1) set forth above for claim 1; the motivation to combine the additional teachings of Black is for the same reason (reason #2) set forth above for claim 1; and the motivation to combine the additional teachings of Lane is for the same reasoning set forth above for claim 3.
Sip, Ozawa, Black and Lane do not expressly disclose wherein the configuration data comprises a pointer to one or more commands in one or more command code sets stored in a memory of the controlling device.
Negron discloses wherein the configuration data comprises a pointer to one or more commands stored in a memory of the controlling device (¶0062; claim 6).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify Sip, Ozawa, Black and Lane with Negron to allow the controlling device to issue commands to a television type display using less memory and less execution time.
Sip, Ozawa, Black, Lane and Negron teach wherein the configuration data comprises one or more commands in one or more command code sets stored in a memory of the controlling device (Sip: FIG. 1: 14; ¶¶0014-0016; Ozawa: FIG. 1: 10, 20; p 12, ¶¶6-7; p 13, ¶¶4-9; p 14, ¶¶1-3, 8; Black: Fig. 4: 402; ¶¶0026, 0028-0029, 0034; Lane: FIGs. 1, 5: data code from one of keys 0-9 among sets of SYSTEM CODEs and DATA CODEs for all the keys shown in FIG. 5; ¶¶0029, 0036; Negron: ¶0062; claim 6).
Other Relevant Prior Art
24. Other relevant prior art includes:
U.S. Patent Pub. No. 2006/0097062 A1 to Cheong et al. discloses comparing an image to a database to recognize a trademark, logo or pattern (¶0010).
Conclusion
25. 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 extension fee 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 KIRK W HERMANN whose telephone number is (571) 270-3891. The examiner can normally be reached on Monday-Friday, 9am-5pm, EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached on (571) 272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRK W HERMANN/Primary Examiner, Art Unit 2623
