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.
Claim comparison table
Claims of Application# 19/380231
Claims of U.S.Patent# 12,487,731
1. An electronic device comprising: a display; memory storing one or more computer programs; and one or more processors communicatively coupled to the display and the memory, wherein the computer programs include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: display a first screen of content through the display, detect a first event based at least in part on the first screen, display, based on the detection of the first event, a first user interface including information related to a first function corresponding to the first event on at least a portion of the first screen through the display, identify a gaze of a user of the electronic device, while the first user interface is displayed, display a second user interface, based at least in part on the gaze corresponding to a location where the first user interface is displayed, and determine whether to execute the first function corresponding to the first event, based on a first user input detected while the second user interface is displayed.
1. An electronic device comprising: a display; memory storing one or more computer programs; and one or more processors communicatively coupled to the display and the memory, wherein the computer programs include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: identify a state of a first screen displayed through the display, detect a first event based on the identified state of the first screen, display, based on the detection of the first event, a first user interface including information related to a first function corresponding to the first event on at least a portion of the first screen through the display, identify a direction of a gaze of a user of the electronic device, while the first user interface is displayed, display a second user interface, based at least in part on the direction of the gaze corresponding to a location where the first user interface is displayed, and determine whether to execute the first function corresponding to the first event, based on a first user input detected while the second user interface is displayed.
2. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to determine to execute the first function, based on detection of a first gesture input of the user or a first voice input of the user as the first user input, while the second user interface is displayed.
2. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to determine to execute the first function, based on detection of a first gesture input of the user or a first voice input of the user as the first user input, while the second user interface is displayed.
3. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to change a display setting of the first user interface, based on the gaze corresponding to the location where the first user interface is displayed.
3. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to change a display setting of the first user interface, based on the direction of the gaze corresponding to the location where the first user interface is displayed.
4. The electronic device of claim 3, wherein the display setting of the first user interface includes a setting for a size, a speed, or a color of a motion effect related to the first user interface.
4. The electronic device of claim 3, wherein the display setting of the first user interface includes a setting for a size, a speed, or a color of a motion effect related to the first user interface.
5. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to display the second user interface, based on: the gaze of the user corresponding to the location where the first user interface is displayed; and a holding duration of the gaze toward the first user interface exceeding a first threshold.
5. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to display the second user interface, based on: the direction of the gaze of the user corresponding to the location where the first user interface is displayed; and a holding duration of the gaze toward the first user interface exceeding a first threshold.
6. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to display the second user interface, based on: the gaze corresponding to the location where the first user interface is displayed; and detection of a second user input of the user.
6. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to display the second user interface, based on: the direction of the gaze corresponding to the location where the first user interface is displayed; and detection of a second user input of the user.
7. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: set an automatic execution time of the first function, based on detection of the first event; and execute the first function based on reaching the automatic execution time.
7. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: set an automatic execution time of the first function, based on detection of the first event; and execute the first function based on reaching the automatic execution time.
8. The electronic device of claim 7, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to modify the automatic execution time of the first function, based on: the gaze corresponding to the location where the first user interface is displayed at a first time point after detection of the first event, and the gaze not corresponding to the location where the first user interface is displayed at a second time point after the first time point, and wherein modification of the automatic execution time is to shorten the automatic execution time or to immediately execute the first function.
8. The electronic device of claim 7, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to modify the automatic execution time of the first function, based on: the direction of the gaze corresponding to the location where the first user interface is displayed at a first time point after detection of the first event, and the direction of the gaze not corresponding to the location where the first user interface is displayed at a second time point after the first time point, and wherein modification of the automatic execution time is to shorten the automatic execution time or to immediately execute the first function.
9. The electronic device of claim 7, wherein the automatic execution time is set based on a past usage history of the user.
9. The electronic device of claim 7, wherein the automatic execution time is set based on a past usage history of the user.
10. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to change a display setting of the first user interface according to a time elapsed since displaying the first user interface, based on the gaze not corresponding to the location where the first user interface is displayed.
10. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to change a display setting of the first user interface according to a time elapsed since displaying the first user interface, based on the direction of the gaze not corresponding to the location where the first user interface is displayed.
11. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: display a third user interface based on execution of the first function; and determine whether to cancel the first function, based on a user input detected while the third user interface is displayed.
11. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: display a third user interface based on execution of the first function; and determine whether to cancel the first function, based on a user input detected while the third user interface is displayed.
12. A method of operating an electronic device, the method comprising: displaying a first screen of content through a display; detecting a first event based at least in part on the first screen; displaying, based on the detection of the first event, a first user interface including information related to a first function corresponding to the first event on at least a portion of the first screen through the display; identifying a gaze of a user of the electronic device, while the first user interface is displayed; displaying a second user interface, based at least in part on the gaze corresponding to a location where the first user interface is displayed; and determining whether to execute the first function corresponding to the first event, based on a first user input detected while the second user interface is displayed.
13. A method of operating an electronic device, the method comprising: identifying a state of a first screen displayed through a display; detecting a first event based on the identified state of the first screen; displaying, based on the detection of the first event, a first user interface including information related to a first function corresponding to the first event on at least a portion of the first screen through the display; identifying a direction of a gaze of a user of the electronic device, while the first user interface is displayed; displaying a second user interface, based at least in part on the direction of the gaze corresponding to a location where the first user interface is displayed; and determining whether to execute the first function corresponding to the first event, based on a first user input detected while the second user interface is displayed.
13. The method of claim 12, wherein the determining of whether to execute the first function comprises determining to execute the first function, based on detection of a first gesture input of the user or a first voice input of the user as the first user input, while the second user interface is displayed.
14. The method of claim 13, wherein the determining of whether to execute the first function comprises determining to execute the first function, based on detection of a first gesture input of the user or a first voice input of the user as the first user input, while the second user interface is displayed.
14. The method of claim 12, further comprising: changing a display setting of the first user interface, based on the gaze corresponding to the location where the first user interface is displayed.
15. The method of claim 13, further comprising: changing a display setting of the first user interface, based on the direction of the gaze corresponding to the location where the first user interface is displayed.
15. The method of claim 14, wherein the display setting of the first user interface includes a setting for a size, a speed, or a color of a motion effect related to the first user interface.
16. The method of claim 15, wherein the display setting of the first user interface includes a setting for a size, a speed, or a color of a motion effect related to the first user interface.
16. The method of claim 12, wherein the displaying of the second user interface comprises displaying the second user interface based on: the gaze of the user corresponding to the location where the first user interface is displayed; and a holding duration of the gaze toward the first user interface exceeding a first threshold.
17. The method of claim 13, wherein the displaying of the second user interface comprises displaying the second user interface based on: the direction of the gaze of the user corresponding to the location where the first user interface is displayed; and a holding duration of the gaze toward the first user interface exceeding a first threshold.
17. The method of claim 12, wherein the displaying of the second user interface comprises displaying the second user interface based on: the gaze corresponding to the location where the first user interface is displayed; and detection of a second user input of the user.
18. The method of claim 13, wherein the displaying of the second user interface comprises displaying the second user interface based on: the direction of the gaze corresponding to the location where the first user interface is displayed; and detection of a second user input of the user.
18. The method of claim 12, further comprising: setting an automatic execution time of the first function, based on detection of the first event; and executing the first function based on reaching the automatic execution time.
19. The method of claim 13, further comprising: setting an automatic execution time of the first function, based on detection of the first event; and executing the first function based on reaching the automatic execution time.
19. One or more non-transitory computer-readable storage media storing computer-executable instructions that, when executed by one or more processors of an electronic device, cause the electronic device to perform operations, the operations comprising: displaying a first screen of content through a display; detecting a first event based at least in part on the first screen; displaying, based on the detection of the first event, a first user interface including information related to a first function corresponding to the first event on at least a portion of the first screen through the display; identifying a gaze of a user of the electronic device, while the first user interface is displayed; displaying a second user interface, based at least in part on the gaze corresponding to a location where the first user interface is displayed; and determining whether to execute the first function corresponding to the first event, based on a first user input detected while the second user interface is displayed.
20. One or more non-transitory computer-readable storage media storing computer-executable instructions that, when executed by one or more processors of an electronic device, cause the electronic device to perform operations, the operations comprising: identifying a state of a first screen displayed through a display; detecting a first event based on the identified state of the first screen; displaying, based on the detection of the first event, a first user interface including information related to a first function corresponding to the first event on at least a portion of the first screen through the display; identifying a direction of a gaze of a user of the electronic device, while the first user interface is displayed; displaying a second user interface, based at least in part on the direction of the gaze corresponding to a location where the first user interface is displayed; and determining whether to execute the first function corresponding to the first event, based on a first user input detected while the second user interface is displayed.
20. The electronic device of claim 1, wherein the first event is based on a brightness of the first screen displayed through the display being outside of a specified brightness range.
12. The electronic device of claim 1, wherein the state of the first screen upon which the first event is based is a state in which a brightness of the first screen displayed through the display is outside of a specified brightness range.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,487,731. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of instant application is anticipated by claim 1 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 2 of instant application is similar in scope to claim 2 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 3 of instant application is similar in scope to claim 3 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 4 of instant application is similar in scope to claim 4 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 5 of instant application is similar in scope to claim 5 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 6 of instant application is similar in scope to claim 6 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 7 of instant application is similar in scope to claim 7 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 8 of instant application is similar in scope to claim 8 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 9 of instant application is similar in scope to claim 9 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 10 of instant application is similar in scope to claim 10 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 11 of instant application is similar in scope to claim 11 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Claim 12 of instant application is anticipated by claim 13 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 13 of instant application is similar in scope to claim 14 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 14 of instant application is similar in scope to claim 15 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 15 of instant application is similar in scope to claim 16 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 16 of instant application is similar in scope to claim 17 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 17 of instant application is similar in scope to claim 18 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 18 of instant application is similar in scope to claim 19 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Claim 19 of instant application is anticipated by claim 20 of U.S. Patent# 12,487,731 as shown in the claim comparison table above. Regarding claim 20 of instant application is similar in scope to claim 12 of U.S. Patent# 12,487,731 as shown in the claim comparison table above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5, 12, 13, 16 and 19 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheon et al. (2016/0098093).
Regarding claim 1, Cheon teaches an electronic device comprising: a display (120; Fig 2); memory storing one or more computer programs (para [0165]); and one or more processors communicatively coupled to the display and the memory, wherein the computer programs include computer-executable instructions that, when executed by the one or more processors (para [0042]), cause the electronic device to:
display a first screen of content through the display (para [0061] The display unit 120 is a component for displaying a preset screen), detect a first event based at least in part of the first screen (para [0062] The controlling unit 130, which is a component for controlling an overall operation (= claimed first event) of the display apparatus 100), display, based on the detection of the first event, a first user interface (object 30; Fig 3) including information related to a first function (para [0072] The object 30 is an object for controlling volume) corresponding to the first event (element 30 is displayed upon entering interaction mode, thus it is corresponding to first event) on at least a portion of the first screen through the display (Fig 3; para [0072] the controlling unit 130 may enter the interaction mode and display objects 30, 32, and 34. The object 30 is an object for controlling volume, the object 34 is an object for selecting a channel, and the object 32 is an object for activating a search box), identify a gaze of a user of the electronic device (para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1), while the first user interface is displayed (Fig 4), display a second user interface (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed, the controlling unit 130 may control the display unit 120 so that the object 30 for controlling the volume corresponding to the eye gaze of the user is varied and displayed (= claimed second user interface). For example, the controlling unit may vary the object 30 to an opaque object 30a so as to represent a selectable state (e.g. an activation state) and display the opaque object 30a, enlarge the size of the object 30, or form an edge on the object 30), based at least in part on the gaze corresponding to a location where the first user interface is displayed (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed), and determine whether to execute the first function corresponding to the first event (prior art controls volume based on entering interaction mode), based on a first user input (10a; Fig 4) detected while the second user interface is displayed (para [0075] In this state, if a preset gesture is recognized, for example, a gesture 10a in which the user taps with the finger is sensed, which is an event corresponding to the object 30a-1 for increasing the volume and the preset gesture, the controlling unit 130 increases the volume).
Regarding claim 2, Cheon teaches the electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to determine to execute the first function, based on detection of a first gesture input of the user (para [0075] In this state, if a preset gesture is recognized, for example, a gesture 10a in which the user taps with the finger is sensed, which is an event corresponding to the object 30a-1 for increasing the volume and the preset gesture, the controlling unit 130 increases the volume) or a first voice input of the user as the first user input, while the second user interface is displayed (Fig 4).
Regarding claim 5, Cheon teaches the electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to display the second user interface, based on: the gaze of the user corresponding to the location where the first user interface is displayed ((Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed, the controlling unit 130 may control the display unit 120 so that the object 30 for controlling the volume corresponding to the eye gaze of the user is varied and displayed (= claimed second user interface). For example, the controlling unit may vary the object 30 to an opaque object 30a so as to represent a selectable state (e.g. an activation state) and display the opaque object 30a, enlarge the size of the object 30, or form an edge on the object 30); and a holding duration of the gaze toward the first user interface exceeding a first threshold (para [0076] If at least one of the gesture of the user and the eye gaze of the user directed toward the screen (given the eye gaze of the user is directed towards the screen it implies it is exceeding some predetermined threshold time) is not recognized for a preset time after the objects are displayed, the controlling unit 130 may control the display unit 120 so that the display of the objects is terminated.).
Regarding claim 12, Cheon teaches a method of operating an electronic device, the method comprising: displaying a first screen of content through a display (para [0061] The display unit 120 is a component for displaying a preset screen), detecting a first event based at least in part of the first screen (para [0062] The controlling unit 130, which is a component for controlling an overall operation (= claimed first event) of the display apparatus 100), displaying, based on the detection of the first event, a first user interface (object 30; Fig 3) including information related to a first function (para [0072] The object 30 is an object for controlling volume) corresponding to the first event (element 30 is displayed upon entering interaction mode, thus it is corresponding to first event) on at least a portion of the first screen through the display (Fig 3; para [0072] the controlling unit 130 may enter the interaction mode and display objects 30, 32, and 34. The object 30 is an object for controlling volume, the object 34 is an object for selecting a channel, and the object 32 is an object for activating a search box), identifying a gaze of a user of the electronic device (para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1), while the first user interface is displayed (Fig 4), displaying a second user interface (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed, the controlling unit 130 may control the display unit 120 so that the object 30 for controlling the volume corresponding to the eye gaze of the user is varied and displayed (= claimed second user interface). For example, the controlling unit may vary the object 30 to an opaque object 30a so as to represent a selectable state (e.g. an activation state) and display the opaque object 30a, enlarge the size of the object 30, or form an edge on the object 30), based at least in part on the gaze corresponding to a location where the first user interface is displayed (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed), and determining whether to execute the first function corresponding to the first event (prior art controls volume based on entering interaction mode), based on a first user input (10a; Fig 4) detected while the second user interface is displayed (para [0075] In this state, if a preset gesture is recognized, for example, a gesture 10a in which the user taps with the finger is sensed, which is an event corresponding to the object 30a-1 for increasing the volume and the preset gesture, the controlling unit 130 increases the volume).
Regarding claim 13, Cheon teaches the method of claim 12, wherein determining to whether to execute the first function comprises determining to execute the first function, based on detection of a first gesture input of the user (para [0075] In this state, if a preset gesture is recognized, for example, a gesture 10a in which the user taps with the finger is sensed, which is an event corresponding to the object 30a-1 for increasing the volume and the preset gesture, the controlling unit 130 increases the volume) or a first voice input of the user as the first user input, while the second user interface is displayed (Fig 4).
Regarding claim 16, Cheon teaches the method of claim 12, wherein the displaying of the second user interface comprises displaying the second user interface based on: the gaze of the user corresponding to the location where the first user interface is displayed (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed, the controlling unit 130 may control the display unit 120 so that the object 30 for controlling the volume corresponding to the eye gaze of the user is varied and displayed (= claimed second user interface). For example, the controlling unit may vary the object 30 to an opaque object 30a so as to represent a selectable state (e.g. an activation state) and display the opaque object 30a, enlarge the size of the object 30, or form an edge on the object 30); and a holding duration of the gaze toward the first user interface exceeding a first threshold (para [0076] If at least one of the gesture of the user and the eye gaze of the user directed toward the screen (given the eye gaze of the user is directed towards the screen it implies it is exceeding some predetermined threshold time) is not recognized for a preset time after the objects are displayed, the controlling unit 130 may control the display unit 120 so that the display of the objects is terminated.).
Regarding claim 19, Cheon teaches One or more non-transitory computer-readable storage media (para [0165]) storing computer-executable instructions that, when executed by one or more processors of an electronic device (para [0042]), cause the electronic device to perform operations, the operations comprising: displaying a first screen of content through a display (para [0061] The display unit 120 is a component for displaying a preset screen), detecting a first event based at least in part of the first screen (para [0062] The controlling unit 130, which is a component for controlling an overall operation (= claimed first event) of the display apparatus 100), displaying, based on the detection of the first event, a first user interface (object 30; Fig 3) including information related to a first function (para [0072] The object 30 is an object for controlling volume) corresponding to the first event (element 30 is displayed upon entering interaction mode, thus it is corresponding to first event) on at least a portion of the first screen through the display (Fig 3; para [0072] the controlling unit 130 may enter the interaction mode and display objects 30, 32, and 34. The object 30 is an object for controlling volume, the object 34 is an object for selecting a channel, and the object 32 is an object for activating a search box), identifying a gaze of a user of the electronic device (para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1), while the first user interface is displayed (Fig 4), displaying a second user interface (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed, the controlling unit 130 may control the display unit 120 so that the object 30 for controlling the volume corresponding to the eye gaze of the user is varied and displayed (= claimed second user interface). For example, the controlling unit may vary the object 30 to an opaque object 30a so as to represent a selectable state (e.g. an activation state) and display the opaque object 30a, enlarge the size of the object 30, or form an edge on the object 30), based at least in part on the gaze corresponding to a location where the first user interface is displayed (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed), and determining whether to execute the first function corresponding to the first event (prior art controls volume based on entering interaction mode), based on a first user input (10a; Fig 4) detected while the second user interface is displayed (para [0075] In this state, if a preset gesture is recognized, for example, a gesture 10a in which the user taps with the finger is sensed, which is an event corresponding to the object 30a-1 for increasing the volume and the preset gesture, the controlling unit 130 increases the volume).
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) 3, 4, 6, 7, 10, 14, 15,17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (2016/0098093).
Regarding claim 3, Cheon teaches the electronic device as explained for claim 1 above.
Embodiment of Fig 3 and 4, fails to teach; wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to change a display setting of the first user interface, based on the gaze corresponding to the location where the first user interface is displayed; as claimed.
However, another embodiment of Cheon (para [0035] which describes figures as being different embodiments) teaches the electronic device, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to change a display setting of the first user interface (Fig 8; para [0090] Referring to FIG. 8, if the controlling unit 130 enters the interaction mode, the controlling unit 130 may control the display unit 120 so that objects 80 and 82 each in a form of a wheel are displayed. In addition, if a gesture 10b of turning a finger in a clockwise direction or a counterclockwise direction is sensed, the object of the wheel corresponding to an eye gaze of a user is rotated in the rotation direction of the finger. For example, the user may execute a volume selection or a channel selection (= claimed display setting) by stopping the finger rotation at a desired point.), based on the gaze corresponding to the location where the first user interface is displayed (Fig 8; para [0090]).
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the different embodiments of Cheon in order to yield predictable results of controlling different functions.
Regarding claim 4, Cheon teaches the electronic device wherein the display setting of the first user interface includes a setting for a size (para [0125] FIG. 27A, the controlling unit 130 detects the eye gaze of the user and zooms-in on a peripheral region on the basis of the detected position of the eye gaze of the user in FIG. 27B. In a state in which a certain region of the screen is zoomed-in,), a speed, or a color of a motion effect related to the first user interface.
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the different embodiments of Cheon in order to yield predictable results of controlling different functions.
Regarding claim 6, Cheon teaches the electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to display the second user interface, based on: the gaze corresponding to the location where the first user interface is displayed (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed, the controlling unit 130 may control the display unit 120 so that the object 30 for controlling the volume corresponding to the eye gaze of the user is varied and displayed (= claimed second user interface). For example, the controlling unit may vary the object 30 to an opaque object 30a so as to represent a selectable state (e.g. an activation state) and display the opaque object 30a, enlarge the size of the object 30, or form an edge on the object 30).
Embodiment of Fig 3 and 4, fails to teach, and detection of a second user input of the user; as claimed.
However, Cheon teaches entering interaction mode, even in a case in which a voicing of a user is sensed while an eye gaze of the user is directed toward a screen (para [0069]).
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the device of Cheon by applying the teaching the entering interaction mode to display of second interface by detection of a second user input of the user, because this will yield predictable results of activating user interface and improve system performance by providing dual input.
Regarding claim 7, Cheon teaches the electronic device as explained for claim 1 above.
Embodiment of Fig 3 and 4, fails to teach, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: set an automatic execution time of the first function, based on detection of the first event; and execute the first function based on reaching the automatic execution time; as claimed.
However, another embodiment of Cheon teaches the electronic device, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to: set an automatic execution time of the first function, based on detection of the first event; and execute the first function based on reaching the automatic execution time (para [0123] Referring to FIGS. 26A to 26C, the controlling unit 130 may control in FIG. 26A the display unit 120 so that an eye gaze of a user on the screen is detected if it is determined that the eye gaze of the user views the screen and a highlight (e.g. an edge) 24 is displayed on the object corresponding to the detected eye gaze of the user if the gesture is sensed. The controlling unit 130 may control the display unit 120 so that detailed information 26 on the corresponding object is automatically displayed in FIG. 26B if the preset time passes in this state and the display of the detailed information 26 is terminated in FIG. 26C if the user gesture is no longer sensed. In addition, if a gesture selected in the state in which the detailed information 26 is automatically displayed, for example, a tapping gesture with a finger is recognized, the controlling unit 130 enlarges and displays the detailed information so as to fill the overall screen. In the state in which the detailed information is displayed on the overall screen, even though the user gesture is not sensed, the controlling unit 130 controls the display unit 120 so that the display of the detailed information is maintained.).
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the different embodiments of Cheon in order to yield predictable results of controlling different functions.
Regarding claim 10, Cheon teaches the electronic device as explained for claim 1 above.
Embodiment of Fig 3 and 4, fails to teach, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to change a display setting of the first user interface according to a time elapsed since displaying the first user interface, based on the direction of the gaze not corresponding to the location where the first user interface is displayed; as claimed.
However, another embodiment of Cheon teaches the electronic device, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors, cause the electronic device to change a display setting of the first user interface according to a time elapsed since displaying the first user interface, based on the direction of the gaze not corresponding to the location where the first user interface is displayed (para [0081] the controlling unit 130 may vary an object corresponding to an eye gaze of a user and display the varied object. For example, the controlling unit 130 may highlight an object corresponding to an eye gaze of a user and display the highlighted object or display the object in a larger size. In addition, in a state in which a display of a varied object is maintained, if it is determined that an eye gaze of a user is not directed toward the object displayed on the screen and a preset user gesture is recognized, the controlling unit 130 performs an event corresponding to the varied and displayed object and the preset user gesture; para [0083] Referring to FIG. 6, objects are positioned in an LU region, an LL region, a CU region, an RU region, and an RL region on the display unit 120. If it is determined that an eye gaze of a user is directed toward the LU region, the controlling unit 130 controls the display unit 120 so that an object 60 included in the LU region is highlighted and displayed. Thereafter, if it is determined that the eye gaze of the user is not directed toward any object displayed on the screen, that is, if it is determined that the eye gaze of the user is directed toward a region CM or CL in which no objects are displayed, even though the eye gaze of the user is not directed toward the object 60, the highlighted state of the object 60 is maintained. If a user gesture 10a is sensed in this state, the controlling unit 130 performs a function corresponding to the object 60 and the user gesture 10a. In this case, volume is increased. Fig 8 (Note: para [0086] is describing volume control; however, Fig 8 which describes another function of channel selection via element 82 which reads on the claimed display setting)).
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the different embodiments of Cheon in order to yield predictable results of controlling different functions.
Regarding claim 14, Cheon teaches the method as explained for claim 12 above.
Embodiment of Fig 3 and 4, fails to teach; changing a display setting of the first user interface, based on the gaze corresponding to the location where the first user interface is displayed; as claimed.
However, another embodiment of Cheon (para [0035] which describes figures as being different embodiments) teaches the method, changing a display setting of the first user interface (Fig 8; para [0090] Referring to FIG. 8, if the controlling unit 130 enters the interaction mode, the controlling unit 130 may control the display unit 120 so that objects 80 and 82 each in a form of a wheel are displayed. In addition, if a gesture 10b of turning a finger in a clockwise direction or a counterclockwise direction is sensed, the object of the wheel corresponding to an eye gaze of a user is rotated in the rotation direction of the finger. For example, the user may execute a volume selection or a channel selection (= claimed display setting) by stopping the finger rotation at a desired point.), based on the gaze corresponding to the location where the first user interface is displayed (Fig 8; para [0090]).
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the different embodiments of Cheon in order to yield predictable results of controlling different functions.
Regarding claim 15, Cheon teaches the method of claim 14, wherein the display setting of the first user interface includes a setting for a size (para [0125] FIG. 27A, the controlling unit 130 detects the eye gaze of the user and zooms-in on a peripheral region on the basis of the detected position of the eye gaze of the user in FIG. 27B. In a state in which a certain region of the screen is zoomed-in,), a speed, or a color of a motion effect related to the first user interface.
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the different embodiments of Cheon in order to yield predictable results of controlling different functions.
Regarding claim 17, Cheon teaches the method of claim 12, wherein the displaying of the second user interface comprises displaying the second user interface based on: the gaze corresponding to the location where the first user interface is displayed (Fig 4; para [0073] Then, referring to FIG. 4, if it is determined that the eye gaze of the user is directed toward a region 30-1 in which the object 30 for controlling volume is displayed, the controlling unit 130 may control the display unit 120 so that the object 30 for controlling the volume corresponding to the eye gaze of the user is varied and displayed (= claimed second user interface). For example, the controlling unit may vary the object 30 to an opaque object 30a so as to represent a selectable state (e.g. an activation state) and display the opaque object 30a, enlarge the size of the object 30, or form an edge on the object 30).
Embodiment of Fig 3 and 4, fails to teach, and detection of a second user input of the user; as claimed.
However, Cheon teaches entering interaction mode, even in a case in which a voicing of a user is sensed while an eye gaze of the user is directed toward a screen (para [0069]).
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the device of Cheon by applying the teaching the entering interaction mode to display of second interface by detection of a second user input of the user, because this will yield predictable results of activating user interface and improve system performance by providing dual input.
Regarding claim 18, Cheon teaches the method as explained for claim 12 above.
Embodiment of Fig 3 and 4, fails to teach, setting an automatic execution time of the first function, based on detection of the first event; and executing the first function based on reaching the automatic execution time; as claimed.
However, another embodiment of Cheon teaches the method, setting an automatic execution time of the first function, based on detection of the first event; and executing the first function based on reaching the automatic execution time. (para [0123] Referring to FIGS. 26A to 26C, the controlling unit 130 may control in FIG. 26A the display unit 120 so that an eye gaze of a user on the screen is detected if it is determined that the eye gaze of the user views the screen and a highlight (e.g. an edge) 24 is displayed on the object corresponding to the detected eye gaze of the user if the gesture is sensed. The controlling unit 130 may control the display unit 120 so that detailed information 26 on the corresponding object is automatically displayed in FIG. 26B if the preset time passes in this state and the display of the detailed information 26 is terminated in FIG. 26C if the user gesture is no longer sensed. In addition, if a gesture selected in the state in which the detailed information 26 is automatically displayed, for example, a tapping gesture with a finger is recognized, the controlling unit 130 enlarges and displays the detailed information so as to fill the overall screen. In the state in which the detailed information is displayed on the overall screen, even though the user gesture is not sensed, the controlling unit 130 controls the display unit 120 so that the display of the detailed information is maintained.).
It would have been obvious to one of ordinary skill in the art before the filing date of present application to have modified the different embodiments of Cheon in order to yield predictable results of controlling different functions.
Conclusion
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/PREMAL R PATEL/Primary Examiner, Art Unit 2624
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