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 §§ 706.02(l)(1) - 706.02(l)(3) 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 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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 and 36 of U.S. Patent No. 12477169. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claims 1-20 of the current are included in claims 1-20 of U.S. Patent No. 12477169 with obvious wording variations. Take an example of comparing claim 1 of the current application with claim 1 of U.S. Patent No. 12477169.
Claim 1 of the current Application
Claim1 of U.S. Patent No. 12477169
1. A computer-implemented method for controlling a user interface being output by a media device using motion-based control, comprising: detecting, by at least one computer processor, a start action that triggers motion sampling from a remote control;
in response to the detecting the start action, receiving motion data from the remote control;
in response to the detecting the start action, determining a control context for the user interface, wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
changing a parameter associated with the user interface element in the user interface based on the control context and the motion data;
detecting a stop action that terminates the motion sampling from the remote control; and
in response to detecting the stop action, applying the changed parameter associated with the user interface element.
1. A computer-implemented method for controlling a user interface being output by a media device using motion-based control, comprising:
detecting, by at least one computer processor, a start action that triggers motion sampling from a remote control;
in response to the detecting the start action, receiving motion data from the remote control;
in response to the detecting the start action, determining a control context for the user interface, wherein the control context defines an input state of a first user interface element being output on the user interface, indicates that the first user interface element is capable of being manipulated through motion gesture, and indicates the first user interface element is to receive a first type of the motion data from the remote control first before a second user interface element being output on the user interface;
changing a parameter associated with the first user interface element in the user interface based on the control context and the motion data;
detecting a stop action that terminates the motion sampling from the remote control; and
in response to detecting the stop action, applying the changed parameter associated with the first user interface element.
As disclosed in the table above, claim 1 of U.S. Patent No. 12477169 includes further limitations but encompass the limitations of claim 1 of the current application.
Nonetheless, the removal of said limitations from claim 1 of the current application made claim 1 a broader version of claim 1 of U.S. Patent No. 12477169. Therefore, since omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), claim 1 is not patentably distinct from claim 1 of U.S. Patent No. 12477169 (similar comparison would be applied for intendent claims 8 and 15).
Claims 2, 9 and 16 of the U.S. Patent No. 12477169 further includes the limitations of claims 2, 9 and 16 of the current application with obvious wording variations.
Claims 3, 10, 17 of the U.S. Patent No. 12477169 further includes the limitations of claims 3, 10, 17 of the current application with obvious wording variations.
Claims 4, 18 of the U.S. Patent No. 12477169 further includes the limitations of claims 4 and 18 of the current application with obvious wording variations.
Claims 5, 12 and 19 of the U.S. Patent No. 12477169 further includes the limitations of claims 5, 12 and 19 of the current application with obvious wording variations.
Claims 6, 13 and 20 of the U.S. Patent No. 12477169 further includes the limitations of claims 6, 13 and 20 of the current application with obvious wording variations.
Claims 7 and 14 of the U.S. Patent No. 12477169 further includes the limitations of claims 7 and 14 of the current application with obvious wording variations.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 8-11 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 20110058107 A1) (Sun) in view of KOJIMA et al. (US 20150287411) A1 (KOJIMA) and in view of KIM et al. (US 20150241982 A1) (KIM).
Regarding claim, 1 Sun discloses A computer-implemented method for controlling a user interface being output by a media device using motion-based control, comprising:
detecting, by at least one computer processor, a start action that triggers motion sampling from a remote control;
Fig. 5 and [0045] when movement mode 56 is chosen, motion sensor 24 carried by or within body 33 of remote control 14 is used to sense movement of the remote control as at 66. If movement is not sensed, control is returned to the input of sense movement 66. [0028] for The gestures can be further defined by, for example, accelerating-to-a-stop movements (start point of accelerating the remote controller consider as claimed “start action”)
in response to the detecting the start action, receiving motion data from the remote control;
[0045] for If movement is sensed, , motion sensor 24 provides an appropriate signal to motion sensitive circuitry 32 which determines if the sensed movement corresponds to a predetermined function as at 68. 64.
in response to the detecting the start action, determining a control context for the user interface, wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
changing a parameter associated with the user interface element in the user interface based on the control context and the motion data;
[0045] motion sensitive circuitry 32 generates input signal 28 at 60 for driving signal generator 30 at 62. Signal generator 30 then transmits a command signal 16 to signal receiver 20 of apparatus 18 as at 64.
detecting a stop action that terminates the motion sampling from the remote control; and
[0028] for The gestures can be further defined by, for example, accelerating-to-a-stop movements (stop point of the movement consider as claimed “stop action”)
However Sun fails to disclose in response to detecting the stop action, applying the changed parameter associated with the user interface element.
In the same filed of endeavor, KOJIMA discloses in response to detecting the stop action, applying the changed parameter associated with the user interface element.
[0135] for if the user holds and moves the remote control, The movement detection unit 24 ordinarily checks whether or not the movements of the user with respect to the remote control 2 are continuing (S404), and stops the output of the movement detection signal if it is determined that the movements of the user with respect to the remote control have stopped. At the same time, the transmission unit 23 stops the transmission of the remote control operation information (S405).
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of determination as to whether the movements of the user with respect to the remote control 2 have stopped as disclosed by KOJIMA to the motion detection system/method of the remote controller as disclosed by Sun in order to stop the transmission of the remote control operation information.
However, Sun in view of KOJIMA fails to disclose wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
in the same field of endeavor, KIM discloses; wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
FIG. 10B shows the display apparatus displaying remote controller movement gesture path 46 related to object 43, so when The user performs rotating the remote controller 60 according to 46 , only object 43 is rotated as illustrated in a right portion of FIG. 10B.
See also [0096] and FIG. 9A and 10A illustrates linking/setting up a user gesture input mode for conversion of an input mode
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of processing a gesture input of a display apparatus as disclosed by KIM to the motion detection system/method of the remote controller as disclosed by Sun in view of KOJIMA in order to linking the remote controller movement to a certain icon in the display.
Regarding claim, 2 Sun discloses The computer-implemented method of claim 1, wherein the detecting the start action that triggers motion sampling from the remote control comprises: receiving an indication that the start action was triggered from the remote control.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Regarding claim, 3 Sun discloses The computer-implemented method of claim 1, wherein the determining the control context for the user interface comprises:
determining the control context for the user interface based on at least one of the motion data, a state of the user interface, a currently selected user interface element in the user interface, a user operating the remote control, a type of user operating the remote control, crowdsourced data, or a ranking of user interface elements in the user interface.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Regarding claim, 4 Sun discloses The computer-implemented method of claim 1, wherein the control context defines a type of motion for changing the parameter associated with the user interface element.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Regarding claim, 8 Sun discloses A system for controlling a user interface using motion-based control, comprising: one or more memories;
at least one processor each coupled to at least one of the memories and configured to perform operations comprising:
detecting a start action that triggers motion sampling from a remote control; in response to the detecting the start action, receiving motion data from the remote control;
Fig. 5 and [0045] when movement mode 56 is chosen, motion sensor 24 carried by or within body 33 of remote control 14 is used to sense movement of the remote control as at 66. If movement is not sensed, control is returned to the input of sense movement 66. [0028] for The gestures can be further defined by, for example, accelerating-to-a-stop movements (start point of accelerating the remote controller consider as claimed “start action”)
in response to the detecting the start action, determining a control context for the user interface, wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
changing a parameter associated with the user interface element in the user interface based on the control context and the motion data;
[0045] motion sensitive circuitry 32 generates input signal 28 at 60 for driving signal generator 30 at 62. Signal generator 30 then transmits a command signal 16 to signal receiver 20 of apparatus 18 as at 64.
detecting a stop action that terminates the motion sampling from the remote control; and
[0028] for The gestures can be further defined by, for example, accelerating-to-a-stop movements (stop point of the movement consider as claimed “stop action”)
However Sun fails to disclose in response to detecting the stop action, applying the changed parameter associated with the user interface element.
In the same filed of endeavor, KOJIMA discloses in response to detecting the stop action, applying the changed parameter associated with the user interface element.
[0135] for if the user holds and moves the remote control, The movement detection unit 24 ordinarily checks whether or not the movements of the user with respect to the remote control 2 are continuing (S404), and stops the output of the movement detection signal if it is determined that the movements of the user with respect to the remote control have stopped. At the same time, the transmission unit 23 stops the transmission of the remote control operation information (S405).
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of determination as to whether the movements of the user with respect to the remote control 2 have stopped as disclosed by KOJIMA to the motion detection system/method of the remote controller as disclosed by Sun in order to stop the transmission of the remote control operation information.
However, Sun in view of KOJIMA fails to disclose wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
in the same field of endeavor, KIM discloses; wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
FIG. 10B shows the display apparatus displaying remote controller movement gesture path 46 related to object 43, so when The user performs rotating the remote controller 60 according to 46 , only object 43 is rotated as illustrated in a right portion of FIG. 10B.
See also [0096] and FIG. 9A and 10A illustrates linking/setting up a user gesture input mode for conversion of an input mode
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of processing a gesture input of a display apparatus as disclosed by KIM to the motion detection system/method of the remote controller as disclosed by Sun in view of KOJIMA in order to linking the remote controller movement to a certain icon in the display.
Regarding claim, 9 Sun discloses The system of claim 8, wherein the detecting the start action that triggers motion sampling from the remote control comprises: receiving an indication that the start action was triggered from the remote control.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Regarding claim,10 Sun discloses The system of claim 8, wherein the determining the control context for the user interface comprises:
determining the control context for the user interface based on at least one of the motion data, a state of the user interface, a currently selected user interface element in the user interface, a user operating the remote control, a type of user operating the remote control, crowdsourced data, or a ranking of user interface elements in the user interface.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Regarding claim, 11 Sun discloses The system of claim 8, wherein the control context defines a type of motion for changing the parameter associated with the user interface element.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Regarding claim, 15 Sun discloses A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising:
detecting a start action that triggers motion sampling from a remote control;
Fig. 5 and [0045] when movement mode 56 is chosen, motion sensor 24 carried by or within body 33 of remote control 14 is used to sense movement of the remote control as at 66. If movement is not sensed, control is returned to the input of sense movement 66. [0028] for The gestures can be further defined by, for example, accelerating-to-a-stop movements (start point of accelerating the remote controller consider as claimed “start action”)
in response to the detecting the start action, receiving motion data from the remote control;
[0045] for If movement is sensed, , motion sensor 24 provides an appropriate signal to motion sensitive circuitry 32 which determines if the sensed movement corresponds to a predetermined function as at 68. 64.
in response to the detecting the start action, determining a control context for the user interface, wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
changing a parameter associated with the user interface element in the user interface based on the control context and the motion data;
[0045] motion sensitive circuitry 32 generates input signal 28 at 60 for driving signal generator 30 at 62. Signal generator 30 then transmits a command signal 16 to signal receiver 20 of apparatus 18 as at 64.
detecting a stop action that terminates the motion sampling from the remote control; and
[0028] for The gestures can be further defined by, for example, accelerating-to-a-stop movements (stop point of the movement consider as claimed “stop action”)
However Sun fails to disclose in response to detecting the stop action, applying the changed parameter associated with the user interface element.
In the same filed of endeavor, KOJIMA discloses in response to detecting the stop action, applying the changed parameter associated with the user interface element.
[0135] for if the user holds and moves the remote control, The movement detection unit 24 ordinarily checks whether or not the movements of the user with respect to the remote control 2 are continuing (S404), and stops the output of the movement detection signal if it is determined that the movements of the user with respect to the remote control have stopped. At the same time, the transmission unit 23 stops the transmission of the remote control operation information (S405).
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of determination as to whether the movements of the user with respect to the remote control 2 have stopped as disclosed by KOJIMA to the motion detection system/method of the remote controller as disclosed by Sun in order to stop the transmission of the remote control operation information.
However, Sun in view of KOJIMA fails to disclose wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
in the same field of endeavor, KIM discloses; wherein the control context defines an input state of a user interface element being output on the user interface, and indicates that the user interface element is capable of being manipulated through motion gesture;
FIG. 10B shows the display apparatus displaying remote controller movement gesture path 46 related to object 43, so when The user performs rotating the remote controller 60 according to 46 , only object 43 is rotated as illustrated in a right portion of FIG. 10B.
See also [0096] and FIG. 9A and 10A illustrates linking/setting up a user gesture input mode for conversion of an input mode
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of processing a gesture input of a display apparatus as disclosed by KIM to the motion detection system/method of the remote controller as disclosed by Sun in view of KOJIMA in order to linking the remote controller movement to a certain icon in the display.
Regarding claim, 16 Sun discloses The non-transitory computer-readable medium of claim 15, wherein the detecting the start action that triggers motion sampling from the remote control comprises: receiving an indication that the start action was triggered from the remote control.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Regarding claim, 17 Sun discloses The non-transitory computer-readable medium of claim 15, wherein the determining the control context for the user interface comprises: determining the control context for the user interface based on at least one of the motion data, a state of the user interface, a currently selected user interface element in the user interface, a user operating the remote control, a type of user operating the remote control, crowdsourced data, or a ranking of user interface elements in the user interface.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Regarding claim,18 Sun discloses The non-transitory computer-readable medium of claim 15, wherein the control context defines a type of motion for changing the parameter associated with the user interface element.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. Also, sophisticated gestures can be utilized through sensing displacement, velocity, acceleration in both linear and angular spaces. The system is capable of learning user-defined gestures for customized user language and commands. In some cases a series of gestures may be used to increase the number of command movements in the library of command movements.
Claim(s) 5-7, 12-14, 19 AND 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Sun et al. (US 20110058107 A1)(Sun) in view of KOJIMA et al. (US 20150287411) A1 (KOJIMA), of KIM et al. (US 20150241982 A1) (KIM) AND Ullah (US 20080109843 A1).
Regarding claim 5, Sun in view of KIM and KIM discloses the computer-implemented method of claim 1, further comprising:
wherein the changing the parameter associated with the user interface element comprises changing the parameter associated with the user interface element based on a profile of the user operating the remote control or a characteristic of the user operating the remote control.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. The gestures can be further defined by, for example, smooth movements, short jerky movements and accelerating-to-a-stop movements. (CONSIDERED AS “a characteristic of the user operating the remote control”)
However Sun in view of KOJIMA and KIM fails to disclose identifying a user operating the remote control based on at least one of radar, an Internet of Things (IoT) device, or a media stream currently being played; and
in the same filed of endeavor Ullah discloses identifying a user operating the remote control based on at least one of radar, an Internet of Things (IoT) device, or a media stream currently being played; and
[0062] FIGS. 4 and 5 each depict determining a presence and a location of mobile handsets in proximity to a set-top box. Using radio wave distance-mapping methods, the set-top box may determine a distance and a direction of mobile handset 202. The set-top box 204 and/or internet television 208 may determine if the presence and distance of detected mobile handsets 202 can support an assumption that the detected mobile handsets 202 represent individuals 502 within viewing proximity 508 of the television, or viewers 504 outside a viewing proximity 508 of the television 208. This will allow the set-top or the television to determine individuals within viewing proximity of the television by virtue of the presence of their mobile handsets. Individual handsets 202 may be detected uniquely by retrieving the handset DSI 402 and, when available, a GPS/cellular/radio wave triangulation coordinate 404 for the handset. By associating the DSI 402 with a user identification as described in reference to FIG. 2, an identity of the viewers or listeners in detectable proximity to the television 208 may be determined.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate system/method of locating the user’s mobile handsets in proximity to a set-top box as disclosed by Ullah the system/method of remote controller gesture determination as disclosed by Sun in view of KOJIMA and KIM in order to display a customized advertisement and targeted to the viewers local to a presentation device.
Regarding claim 6, Sun in view of KOJIMA and KIM fails to disclose the computer-implemented method of claim 1, further comprising:
identifying a position of the remote control relative to a display device; and
wherein the changing the parameter associated with the user interface element comprises changing the parameter associated with the user interface element based on the position of the remote control relative to the display device.
in the same filed of endeavor Ullah discloses identifying a position of the remote control relative to a display device; and
wherein the changing the parameter associated with the user interface element comprises changing the parameter associated with the user interface element based on the position of the remote control relative to the display device.
[0062] FIGS. 4 and 5 each depict determining a presence and a location of mobile handsets in proximity to a set-top box. Using radio wave distance-mapping methods, the set-top box may determine a distance and a direction of mobile handset 202. The set-top box 204 and/or internet television 208 may determine if the presence and distance of detected mobile handsets 202 can support an assumption that the detected mobile handsets 202 represent individuals 502 within viewing proximity 508 of the television, or viewers 504 outside a viewing proximity 508 of the television 208. This will allow the set-top or the television to determine individuals within viewing proximity of the television by virtue of the presence of their mobile handsets. Individual handsets 202 may be detected uniquely by retrieving the handset DSI 402 and, when available, a GPS/cellular/radio wave triangulation coordinate 404 for the handset. By associating the DSI 402 with a user identification as described in reference to FIG. 2, an identity of the viewers or listeners in detectable proximity to the television 208 may be determined.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate system/method of locating the user’s mobile handsets in proximity to a set-top box as disclosed by Ullah the system/method of remote controller gesture determination as disclosed by Sun in view of KOJIMA and KIM in order to display a customized advertisement and targeted to the viewers local to a presentation device.
Regarding claim 7, Sun in view of KOJIMA and KIM fails to disclose the computer-implemented method of claim 1, wherein the remote control is a tablet, laptop computer, smartphone, smartwatch, or wearable device.
in the same filed of endeavor Ullah discloses the computer-implemented method of claim 1, wherein the remote control is a tablet, laptop computer, smartphone, smartwatch, or wearable device.
[0062] FIGS. 4 and 5 each depict determining a presence and a location of mobile handsets in proximity to a set-top box. Using radio wave distance-mapping methods, the set-top box may determine a distance and a direction of mobile handset 202. The set-top box 204 and/or internet television 208 may determine if the presence and distance of detected mobile handsets 202 can support an assumption that the detected mobile handsets 202 represent individuals 502 within viewing proximity 508 of the television, or viewers 504 outside a viewing proximity 508 of the television 208. This will allow the set-top or the television to determine individuals within viewing proximity of the television by virtue of the presence of their mobile handsets. Individual handsets 202 may be detected uniquely by retrieving the handset DSI 402 and, when available, a GPS/cellular/radio wave triangulation coordinate 404 for the handset. By associating the DSI 402 with a user identification as described in reference to FIG. 2, an identity of the viewers or listeners in detectable proximity to the television 208 may be determined.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate system/method of locating the user’s mobile handsets in proximity to a set-top box as disclosed by Ullah the system/method of remote controller gesture determination as disclosed by Sun in view of KOJIMA and KIM in order to display a customized advertisement and targeted to the viewers local to a presentation device.
Regarding claim 12, Sun in view of KOJIMA and KIM discloses the system of claim 8, wherein the operations further comprise:
wherein the changing the parameter associated with the user interface element comprises changing the parameter associated with the user interface element based on a profile of the user operating the remote control or a characteristic of the user operating the remote control.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. The gestures can be further defined by, for example, smooth movements, short jerky movements and accelerating-to-a-stop movements. (CONSIDERED AS “a characteristic of the user operating the remote control”)
However Sun in view of KOJIMA and KIM fails to disclose identifying a user operating the remote control based on at least one of radar, an Internet of Things (IoT) device, or a media stream currently being played; and
in the same filed of endeavor Ullah discloses identifying a user operating the remote control based on at least one of radar, an Internet of Things (IoT) device, or a media stream currently being played; and
[0062] FIGS. 4 and 5 each depict determining a presence and a location of mobile handsets in proximity to a set-top box. Using radio wave distance-mapping methods, the set-top box may determine a distance and a direction of mobile handset 202. The set-top box 204 and/or internet television 208 may determine if the presence and distance of detected mobile handsets 202 can support an assumption that the detected mobile handsets 202 represent individuals 502 within viewing proximity 508 of the television, or viewers 504 outside a viewing proximity 508 of the television 208. This will allow the set-top or the television to determine individuals within viewing proximity of the television by virtue of the presence of their mobile handsets. Individual handsets 202 may be detected uniquely by retrieving the handset DSI 402 and, when available, a GPS/cellular/radio wave triangulation coordinate 404 for the handset. By associating the DSI 402 with a user identification as described in reference to FIG. 2, an identity of the viewers or listeners in detectable proximity to the television 208 may be determined.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate system/method of locating the user’s mobile handsets in proximity to a set-top box as disclosed by Ullah the system/method of remote controller gesture determination as disclosed by Sun in view of KOJIMA and KIM in order to display a customized advertisement and targeted to the viewers local to a presentation device.
Regarding claim 13, Sun in view of KOJIMA and KIM fails to disclose system of claim 8, wherein the operations further comprise:
identifying a position of the remote control relative to a display device; and
wherein the changing the parameter associated with the user interface element comprises changing the parameter associated with the user interface element based on the position of the remote control relative to the display device.
in the same filed of endeavor Ullah discloses wherein the changing the parameter associated with the user interface element comprises changing the parameter associated with the user interface element based on the position of the remote control relative to the display device.
[0062] FIGS. 4 and 5 each depict determining a presence and a location of mobile handsets in proximity to a set-top box. Using radio wave distance-mapping methods, the set-top box may determine a distance and a direction of mobile handset 202. The set-top box 204 and/or internet television 208 may determine if the presence and distance of detected mobile handsets 202 can support an assumption that the detected mobile handsets 202 represent individuals 502 within viewing proximity 508 of the television, or viewers 504 outside a viewing proximity 508 of the television 208. This will allow the set-top or the television to determine individuals within viewing proximity of the television by virtue of the presence of their mobile handsets. Individual handsets 202 may be detected uniquely by retrieving the handset DSI 402 and, when available, a GPS/cellular/radio wave triangulation coordinate 404 for the handset. By associating the DSI 402 with a user identification as described in reference to FIG. 2, an identity of the viewers or listeners in detectable proximity to the television 208 may be determined.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate system/method of locating the user’s mobile handsets in proximity to a set-top box as disclosed by Ullah the system/method of remote controller gesture determination as disclosed by Sun in view of KOJIMA and KIM in order to display a customized advertisement and targeted to the viewers local to a presentation device.
Regarding claim 14, Sun in view of KOJIMA and KIM fails to disclose system of claim 8, wherein the remote control is a tablet, laptop computer, smartphone,
smartwatch, or wearable device.
in the same filed of endeavor Ullah discloses the computer-implemented method of claim 1, wherein the remote control is a tablet, laptop computer, smartphone, smartwatch, or wearable device.
[0062] FIGS. 4 and 5 each depict determining a presence and a location of mobile handsets in proximity to a set-top box. Using radio wave distance-mapping methods, the set-top box may determine a distance and a direction of mobile handset 202. The set-top box 204 and/or internet television 208 may determine if the presence and distance of detected mobile handsets 202 can support an assumption that the detected mobile handsets 202 represent individuals 502 within viewing proximity 508 of the television, or viewers 504 outside a viewing proximity 508 of the television 208. This will allow the set-top or the television to determine individuals within viewing proximity of the television by virtue of the presence of their mobile handsets. Individual handsets 202 may be detected uniquely by retrieving the handset DSI 402 and, when available, a GPS/cellular/radio wave triangulation coordinate 404 for the handset. By associating the DSI 402 with a user identification as described in reference to FIG. 2, an identity of the viewers or listeners in detectable proximity to the television 208 may be determined.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate system/method of locating the user’s mobile handsets in proximity to a set-top box as disclosed by Ullah the system/method of remote controller gesture determination as disclosed by Sun in view of KOJIMA and KIM in order to display a customized advertisement and targeted to the viewers local to a presentation device.
Regarding claim 19, Sun in view of KOJIMA and KIM discloses non-transitory computer-readable medium of claim 15, wherein the operations further comprise:
wherein the changing the parameter associated with the user interface element comprises
changing the parameter associated with the user interface element based on a profile of the user
operating the remote control or a characteristic of the user operating the remote control.
Fig. 5 for step 64 see also [0047] This technology makes it possible to control the operation of apparatus 18 by a single gesture while holding remote control 14. The gestures can be further defined by, for example, smooth movements, short jerky movements and accelerating-to-a-stop movements. (CONSIDERED AS “a characteristic of the user operating the remote control”)
However Sun in view of KOJIMA and KIM fails to disclose identifying a user operating the remote control based on at least one of radar, an Internet of
Things (IoT) device, or a media stream currently being played; and
in the same filed of endeavor Ullah discloses identifying a user operating the remote control based on at least one of radar, an Internet of
Things (IoT) device, or a media stream currently being played; and
[0062] FIGS. 4 and 5 each depict determining a presence and a location of mobile handsets in proximity to a set-top box. Using radio wave distance-mapping methods, the set-top box may determine a distance and a direction of mobile handset 202. The set-top box 204 and/or internet television 208 may determine if the presence and distance of detected mobile handsets 202 can support an assumption that the detected mobile handsets 202 represent individuals 502 within viewing proximity 508 of the television, or viewers 504 outside a viewing proximity 508 of the television 208. This will allow the set-top or the television to determine individuals within viewing proximity of the television by virtue of the presence of their mobile handsets. Individual handsets 202 may be detected uniquely by retrieving the handset DSI 402 and, when available, a GPS/cellular/radio wave triangulation coordinate 404 for the handset. By associating the DSI 402 with a user identification as described in reference to FIG. 2, an identity of the viewers or listeners in detectable proximity to the television 208 may be determined.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate system/method of locating the user’s mobile handsets in proximity to a set-top box as disclosed by Ullah the system/method of remote controller gesture determination as disclosed by Sun in view of KOJIMA and KIM in order to display a customized advertisement and targeted to the viewers local to a presentation device.
Regarding claim 20, Sun in view of KOJIMA and KIM fails to disclose non-transitory computer-readable medium of claim 15, wherein the operations further comprise: identifying a position of the remote control relative to a display device; and
wherein the changing the parameter associated with the user interface element comprises changing the parameter associated with the user interface element based on the position of the remote control relative to the display device.
in the same filed of endeavor Ullah discloses wherein the changing the parameter associated with the user interface element comprises
changing the parameter associated with the user interface element based on the position of the remote control relative to the display device.
[0062] FIGS. 4 and 5 each depict determining a presence and a location of mobile handsets in proximity to a set-top box. Using radio wave distance-mapping methods, the set-top box may determine a distance and a direction of mobile handset 202. The set-top box 204 and/or internet television 208 may determine if the presence and distance of detected mobile handsets 202 can support an assumption that the detected mobile handsets 202 represent individuals 502 within viewing proximity 508 of the television, or viewers 504 outside a viewing proximity 508 of the television 208. This will allow the set-top or the television to determine individuals within viewing proximity of the television by virtue of the presence of their mobile handsets. Individual handsets 202 may be detected uniquely by retrieving the handset DSI 402 and, when available, a GPS/cellular/radio wave triangulation coordinate 404 for the handset. By associating the DSI 402 with a user identification as described in reference to FIG. 2, an identity of the viewers or listeners in detectable proximity to the television 208 may be determined.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate system/method of locating the user’s mobile handsets in proximity to a set-top box as disclosed by Ullah the system/method of remote controller gesture determination as disclosed by Sun in view of KOJIMA and KIM in order to display a customized advertisement and targeted to the viewers local to a presentation device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMIRA MONSHI whose telephone number is (571)272-0995. The examiner can normally be reached 8 AM-5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John W Miller can be reached at 5712727353. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAMIRA MONSHI/Primary Examiner, Art Unit 2422
