DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
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).
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,393,282. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are shown to be provisionally subject to nonstatutory double patenting rejections by comparing the claims of the current application with the claims of the copending application as shown below. The claims of the copending application anticipate the claims of the current application.
US Application 19/272,584
US Patent No. 12,393,282
Claim 1: A method for controlling a display apparatus, which is applied to a control device, the method comprising: judging, by the control device, whether an input operation of an input device belongs to a preset operation in response to the input operation of the input device, and determining a current operating mode of the display apparatus; and controlling the display apparatus to execute corresponding functions according to the preset operation and the operating mode in response to the input operation belonging to the preset operation; wherein the preset operation comprises a combination of a plurality of key operations, and the operating mode is one of a plurality of optional modes comprising a safe mode, the method further comprises: wherein the determining the current operating mode of the display apparatus comprises: judging, by the control device, whether a safe mode identifier is stored in the control device; and determining that the current operating mode of the display apparatus is the safe mode in response to the safe mode identifier being stored in the control device.
Claim 1: A method for controlling a display apparatus, which is applied to a control device, the method comprising: judging, by the control device, whether an input operation of an input device belongs to a preset operation in response to the input operation of the input device, and determining a current operating mode of the display apparatus; and controlling the display apparatus to execute corresponding functions according to the preset operation and the operating mode in response to the input operation belonging to the preset operation; wherein the preset operation comprises a combination of a plurality of key operations, and the operating mode is one of a plurality of optional modes comprising a safe mode, the method further comprises: judging whether the input device is a preset forbidden device or not in response to the input operation of the input device does not belong to the preset operation and the operating mode is the safe mode; and controlling the display apparatus to filter out the input operation in response to the input device being the preset forbidden device.
Claim 7: wherein the determining the current operating mode of the display apparatus comprises: judging, by the control device, whether a safe mode identifier is stored in the control device; and determining that the current operating mode of the display apparatus is the safe mode in response to the safe mode identifier being stored in the control device.
Claim 2: wherein the preset operation is determined according to preconfigured key information, and the key information comprises: at least one of a function of a key, a number of times a key is pressed, and a sequence of a key.
Claim 2: wherein the preset operation is determined according to preconfigured key information, and the key information comprises: at least one of a function of a key, a number of times a key is pressed, and a sequence of a key.
Claim 3: wherein the control device comprises a main controller; the preset operation comprises a mode switching operation; and the mode switching operation comprises: a combination of key operations sequentially performed on a plurality of first type keys according to a first sequence within a preset time period; and controlling the display apparatus to execute the corresponding functions in response to that the input operation is the mode switching operation and the operating mode is a non-safe mode, comprises: controlling, by the main controller, the display apparatus to open the safe mode, and generating and storing a safe mode identifier.
Claim 3: wherein the control device comprises a main controller; the preset operation comprises a mode switching operation; and the mode switching operation comprises: a combination of key operations sequentially performed on a plurality of first type keys according to a first sequence within a preset time period; and controlling the display apparatus to execute the corresponding functions in response to that the input operation is the mode switching operation and the operating mode is a non-safe mode, comprises: controlling, by the main controller, the display apparatus to open the safe mode, and generating and storing a safe mode identifier.
Claim 4: wherein controlling the display apparatus to execute the corresponding functions in response to that the input operation is the mode switching operation and the operating mode is the safe mode, comprises: controlling the display apparatus to close the safe mode, and clearing the safe mode identifier stored in the control device.
Claim 4: wherein controlling the display apparatus to execute the corresponding functions in response to that the input operation is the mode switching operation and the operating mode is the safe mode, comprises: controlling the display apparatus to close the safe mode, and clearing the safe mode identifier stored in the control device.
Claim 5: wherein controlling the display apparatus to execute the corresponding functions in response to that the input operation is the mode switching operation and the operating mode is the non-safe mode further comprises: outputting, by the control device, a configuration request to request a user to input configuration information; wherein the configuration information comprises: device information of a preset forbidden device and key information corresponding to the mode switching operation; and receiving and storing, by the control device, the configuration information input by the user.
Claim 5: wherein controlling the display apparatus to execute the corresponding functions in response to that the input operation is the mode switching operation and the operating mode is the non-safe mode further comprises: outputting, by the control device, a configuration request to request a user to input configuration information; wherein the configuration information comprises: device information of a preset forbidden device and key information corresponding to the mode switching operation; and receiving and storing, by the control device, the configuration information input by the user.
Claim 6: wherein the outputting, by the control device, the configuration request comprises: judging, by the control device, whether first valid flag information is stored in the control device; and in response to the first valid flag information being not stored in the control device, outputting the configuration request to request the user to input the configuration information; and outputting a flag request to request the user to input one of the first valid flag information and second valid flag information; wherein the first valid flag information indicating that the configuration information input by the user is valid continuously; and the second valid flag information indicating that the configuration information input by the user is valid in the current safe mode; and the method further comprises: receiving and storing, by the control device, the first valid flag information or the second valid flag information input by the user.
Claim 6: wherein the outputting, by the control device, the configuration request comprises: judging, by the control device, whether first valid flag information is stored in the control device; and in response to the first valid flag information being not stored in the control device, outputting the configuration request to request the user to input the configuration information; and outputting a flag request to request the user to input one of the first valid flag information and second valid flag information; wherein the first valid flag information indicating that the configuration information input by the user is valid continuously; and the second valid flag information indicating that the configuration information input by the user is valid in the current safe mode; and the method further comprises: receiving and storing, by the control device, the first valid flag information or the second valid flag information input by the user.
Claim 7: wherein the preset operation comprises: a safe turn- off operation, and the safe turn-off operation comprises: a combination of key operations sequentially performed on a second type key and a plurality of first type keys according to a second sequence within a preset time period during an operation process of the display apparatus; the control device comprises a main controller and an auxiliary controller; and wherein controlling the display apparatus to execute the corresponding functions in response to that the input operation is the safe turn-off operation and the operating mode is the safe mode, comprises: controlling, by the main controller, the display apparatus to be turned off and writing the safe mode identifier stored in the main controller into the auxiliary controller.
Claim 8: wherein the preset operation comprises: a safe turn-off operation, and the safe turn-off operation comprises: a combination of key operations sequentially performed on a second type key and a plurality of first type keys according to a second sequence within a preset time period during an operation process of the display apparatus; the control device comprises a main controller and an auxiliary controller; and wherein controlling the display apparatus to execute the corresponding functions in response to that the input operation is the safe turn-off operation and the operating mode is the safe mode, comprises: controlling, by the main controller, the display apparatus to be turned off and writing the safe mode identifier stored in the main controller into the auxiliary controller.
Claim 8: wherein, judging, by the control device, whether or not the safe mode identifier is stored in the control device in response to that the display apparatus is in a turn-off state comprises: judging, by the auxiliary controller, whether the safe mode identifier is stored in the auxiliary controller; the preset operation further comprises a safe turn-on operation; the safe turn-on operation comprises: a combination of key operations sequentially performed on a second type key and a plurality of first type keys according to a second sequence within a preset time period when the display apparatus is in the turn-off state; and controlling the display apparatus to execute the corresponding functions in response to that the input operation is the safe turn-on operation and the operating mode is the safe mode, comprises: controlling the display apparatus to be turned on.
Claim 11: wherein, judging, by the control device, whether or not the safe mode identifier is stored in the control device in response to that the display apparatus is in a turn-off state comprises: judging, by the auxiliary controller, whether the safe mode identifier is stored in the auxiliary controller; the preset operation further comprises a safe turn-on operation; the safe turn-on operation comprises: a combination of key operations sequentially performed on a second type key and a plurality of first type keys according to a second sequence within a preset time period when the display apparatus is in the turn-off state; and controlling the display apparatus to execute the corresponding functions in response to that the input operation is the safe turn-on operation and the operating mode is the safe mode, comprises: controlling the display apparatus to be turned on.
Claim 9: wherein the second type key comprises a power key.
Claim 9: wherein the second type key comprises a power key.
Claim 10: wherein the auxiliary controller comprises a single chip microcomputer.
Claim 10: wherein the auxiliary controller comprises a single chip microcomputer.
Claim 11: A device for controlling a display apparatus, comprising: a judging module configured to judge whether an input operation of an input device belongs to a preset operation in response to the input operation of the input device, and determine a current operating mode of the display apparatus; and a processing module configured to control the display apparatus to execute corresponding functions according to the preset operation and the operating mode in response to the input operation belonging to the preset operation; wherein the preset operation comprises a combination of a plurality of key operations, and the operating mode is one of a plurality of optional modes comprising a safe mode, the judging module is further configured to: judge whether a safe mode identifier is stored in the control device; and determine that the current operating mode of the display apparatus is the safe mode in response to the safe mode identifier being stored in the control device.
Claim 16: A device for controlling a display apparatus, comprising: a judging module configured to judge whether an input operation of an input device belongs to a preset operation in response to the input operation of the input device, and determine a current operating mode of the display apparatus; and a processing module configured to control the display apparatus to execute corresponding functions according to the preset operation and the operating mode in response to the input operation belonging to the preset operation; wherein the preset operation comprises a combination of a plurality of key operations, and the operating mode is one of a plurality of optional modes comprising the safe mode, the judging module is further configured to: judge whether the input device is a preset forbidden device or not in response to the input operation of the input device does not belong to the preset operation and the operating mode is the safe mode; and control the display apparatus to filter out the input operation in response to the input device being the preset forbidden device.
Claim 1: A method for controlling a display apparatus, which is applied to a control device, the method comprising: judging, by the control device, whether an input operation of an input device belongs to a preset operation in response to the input operation of the input device, and determining a current operating mode of the display apparatus; and controlling the display apparatus to execute corresponding functions according to the preset operation and the operating mode in response to the input operation belonging to the preset operation; wherein the preset operation comprises a combination of a plurality of key operations, and the operating mode is one of a plurality of optional modes comprising a safe mode, the method further comprises: judging whether the input device is a preset forbidden device or not in response to the input operation of the input device does not belong to the preset operation and the operating mode is the safe mode; and controlling the display apparatus to filter out the input operation in response to the input device being the preset forbidden device.
Claim 7: wherein the determining the current operating mode of the display apparatus comprises: judging, by the control device, whether a safe mode identifier is stored in the control device; and determining that the current operating mode of the display apparatus is the safe mode in response to the safe mode identifier being stored in the control device.
Claim 12: A display apparatus, comprising: one or more processors; and a memory for storing one or more programs therein; wherein the one or more programs, when executed by the one or more processors, cause the one or more processors to implement the method
Claim 14: A display apparatus, comprising: one or more processors; and a memory for storing one or more programs therein; wherein the one or more programs, when executed by the one or more processors, cause the one or more processors to implement the method
Claim 13: A computer readable non-transitory medium on which a computer program is stored; wherein the computer program, when executed by a processor, implements the method
Claim 15: A computer readable non-transitory medium on which a computer program is stored; wherein the computer program, when executed by a processor, implements the method
Claim 14: wherein the second type key in the safe turn-on operation comprises a power key.
Claim 9: wherein the second type key comprises a power key
Claim 15: wherein the auxiliary controller comprises a single chip microcomputer.
Claim 10: wherein the auxiliary controller comprises a single chip microcomputer
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“judging module” in claim 11.
“processing module” in claim 11
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0297683 A1 (Liu).
Regarding claim 1, Liu teaches a method for controlling an apparatus, which is applied to a control device ([12], [18]-[19]), the method comprising:
judging, by the control device, whether an input operation of an input device belongs to a preset operation in response to the input operation of the input device, and determining a current operating mode of the apparatus ([22], [59], [62]-[65]); and
controlling the apparatus to execute corresponding functions according to the preset operation and the operating mode in response to the input operation belonging to the preset operation ([62]-[67]; Fig. 5);
wherein the preset operation comprises a combination of a plurality of key operations ([22], [59], [63]), and the operating mode is one of a plurality of optional modes comprising a safe mode ([22], [59], [63]),
the method further comprises:
wherein the determining the current operating mode of the apparatus ([62]-[65]) comprises:
judging, by the control device, whether a safe mode identifier is stored in the control device ([64]); and
determining that the current operating mode of the apparatus is the safe mode in response to the safe mode identifier being stored in the control device ([64]-[65]).
Liu does not expressly teach that the apparatus is a display apparatus. However, official notice is taken that it was well-known for an apparatus such as a laptop computer, smartphone, or tablet to comprise a display apparatus. The suggestion to modify the teaching of Liu in this manner is present as Liu teaches that its device may be a laptop, smartphone, or tablet ([11]). The motivation is to implement the most common and useful form of a laptop, smartphone, or tablet. The combination would have been unsurprising and had a reasonable expectation of success because Liu teaches that its device may be a laptop, smartphone, or tablet. Thus, before the effective filing date of the current application, the combination of Liu and official notice would have rendered obvious, to one of ordinary skill in the art, that the apparatus is a display apparatus.
Regarding claim 2, Liu teaches wherein the preset operation is determined according to preconfigured key information, and the key information comprises a sequence of a key ([22]).
Regarding claim 11, Liu teaches a device for controlling an apparatus (Abstract), comprising:
a judging module configured to judge whether an input operation of an input device belongs to a preset operation in response to the input operation of the input device, and determine a current operating mode of the apparatus ([12], [18]-[19], [22], [59], [62]-[65]); and
a processing module configured to control the apparatus to execute corresponding functions according to the preset operation and the operating mode in response to the input operation belonging to the preset operation ([12], [18]-[20], [62]-[67]; Fig. 5);
wherein the preset operation comprises a combination of a plurality of key operations ([22], [59], [63]), and the operating mode is one of a plurality of optional modes comprising a safe mode ([22], [59], [63]),
the judging module is further configured to:
judge whether a safe mode identifier is stored in the control device ([64]); and
determine that the current operating mode of the apparatus is the safe mode in response to the safe mode identifier being stored in the control device ([64]-[65]).
Liu does not expressly teach that the apparatus is a display apparatus. However, official notice is taken that it was well-known for an apparatus such as a laptop computer, smartphone, or tablet to comprise a display apparatus. The suggestion to modify the teaching of Liu in this manner is present as Liu teaches that its device may be a laptop, smartphone, or tablet ([11]). The motivation is to implement the most common and useful form of a laptop, smartphone, or tablet. The combination would have been unsurprising and had a reasonable expectation of success because Liu teaches that its device may be a laptop, smartphone, or tablet. Thus, before the effective filing date of the current application, the combination of Liu and official notice would have rendered obvious, to one of ordinary skill in the art, that the apparatus is a display apparatus.
Regarding claim 12, Liu teaches an apparatus (Abstract), comprising: one or more processors ([12], [18]-[20]); and a memory for storing one or more programs therein ([12], [18]-[20]); wherein the one or more programs, when executed by the one or more processors, cause the one or more processors to implement the method ([12], [18]-[20]).
Liu does not expressly teach that the apparatus is a display apparatus. As explained regarding claim 1, before the effective filing date of the current application, the combination of Liu and official notice would have rendered obvious, to one of ordinary skill in the art, that the apparatus is a display apparatus.
Regarding claim 13, Liu teaches a computer readable medium on which a computer program is stored ([12], [18]-[20]); wherein the computer program, when executed by a processor, implements the method ([12], [18]-[20]).
Allowable Subject Matter
Claims 3-10 and 14-15 are subject to objection as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if the terminal disclaimer is filed as explained above.
The following is a statement of reasons for the indication of allowable subject matter.
Claims 3-10 and 14-15, subject to objection as being dependent upon a rejected claim, would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, because the prior art cited to reject the aforementioned base and intervening claims does not subsequently teach or render obvious the dependent claims indicated as otherwise allowable in the full context of the claims. Nor does any observed additional prior art in combination with the cited prior art render obvious the dependent claims indicated as being allowable in the full context of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GENE W LEE whose telephone number is (571)270-7148. The examiner can normally be reached M-F 9:30am-6:00pm.
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/Gene W Lee/Primary Examiner, Art Unit 2624