DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-15 are pending.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because they do not limit the computer readable medium to non-transitory tangible media. The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2. 1351 Off. Gaz. Pat. Off. 212 (2010). The computer readable medium recited in claim *** encompasses a transitory, propagating signal, which is not a process, machine, manufacture, or composition of matter. Nuijten, 500 F.3d at 1357. The claim “covers material not found in any of the four statutory categories [and thus] falls outside the plainly expressed scope of § 101.” Id. at 1354.
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.
Claims 1-6 and 8-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak et al. (US 2014/0101578 A1).
As to claim 1, Kwak discloses a portable computer (Kwak, FIGS. 1-2, [0070], “multi display apparatus 100”) comprising:
a base housing (Kwak, FIGS. 1-2, [0070], “first body 2”) without a physical computer keyboard (Kwak, see FIGS. 1-2, [0070], “may include a controller 130, a first imaging unit 140a, and a first display 190a”) and comprising a touchscreen (Kwak, FIGS. 1-2, [0290], “first and second displays 190a, 190b may be implemented as … touch display panels”) arranged on a user-facing surface of (Kwak, see FIG. 2) the base housing (Kwak, FIGS. 1-2, [0070], “first body 2”);
a top cover (Kwak, FIGS. 1-2, [0070], “second body 4”) flexibly coupled to (Kwak, see FIGS. 1-2, [0071], “may be rotated about the hinge 185”) the base housing (Kwak, FIGS. 1-2, [0070], “first body 2”) and comprising a display (Kwak, FIGS. 1-2, [0070], “second display 190b”) arranged on a user-facing surface of (Kwak, see FIG. 2) the top cover (Kwak, FIGS. 1-2, [0070], “second body 4”); and
a touchless gesture input system (Kwak, FIG. 3, [0093], a system having “gesture recognition ranges 6, 7”).
As to claim 2, Kwak discloses the portable computer of claim 1, wherein the base housing (Kwak, FIGS. 1-2, [0070], “first body 2”) is a housing without a physical pointing device (Kwak, see FIG. 2).
As to claim 3, Kwak discloses the portable computer of claim 1, wherein the user-facing surface of (Kwak, see FIG. 2) the base housing (Kwak, FIGS. 1-2, [0070], “first body 2”) does not comprise any physical buttons (Kwak, see FIG. 2); or
wherein the user-facing surface of the base housing does not comprise any physical buttons except for a power button and/or a mouse button assembly; or
wherein the user-facing surface of the base housing does not comprise any physical buttons except for a power button and/or a mouse button assembly and/or a function button assembly.
As to claim 4, Kwak discloses the portable computer of claim 1, wherein the touchscreen (Kwak, FIGS. 1-2, [0290], “first and second displays 190a, 190b may be implemented as … touch display panels”) is arranged in at least a keyboard region (Kwak, e.g., see FIGS. 2, 17-18 and 36, [0238], “for example, one display 190a may display an operating screen, while the other display 190b may display tools such as a keyboard”) of the user-facing surface of (Kwak, see FIG. 2) the base housing (Kwak, FIGS. 1-2, [0070], “first body 2”); and/or
wherein the touchscreen is arranged above a palmrest region of the user-facing surface of the base housing; and/or
wherein the touchscreen covers essentially the entire width of the user-facing surface of the base housing; and/or
wherein the touchscreen covers essentially an upper half of the user-facing surface of the base housing; and/or
wherein the touchscreen has a size suitable for displaying at least a virtual computer keyboard.
As to claim 5, Kwak discloses the portable computer of claim 1, wherein the touchscreen (Kwak, FIGS. 1-2, [0290], “first and second displays 190a, 190b may be implemented as … touch display panels”) is configured to display a virtual control panel (Kwak, see FIGS. 18-19) comprising a plurality of user-selectable affordances (Kwak, e.g., see FIGS. 18-19, [0173-0174], “music list 1605”, “CD 1610”, “icon 1620”, “progress bar 1630”, etc.) associated with touchless gesture input (Kwak, FIG. 18, [0173], “user object 51 may rotate the music list 1605 using gestures, for example a left or right gesture”; “the grip and navigate gesture with the user object 51”);
wherein, optionally, the virtual control panel is arranged at or near a left edge or a right edge of the touchscreen.
As to claim 6, Kwak discloses the portable computer of claim 5, wherein the plurality of user-selectable affordances (Kwak, e.g., see FIGS. 18-19, [0173-0174], “music list 1605”, “CD 1610”, “icon 1620”, “progress bar 1630”, etc.) associated with touchless gesture input (Kwak, FIG. 18, [0173], “user object 51 may rotate the music list 1605 using gestures, for example a left or right gesture”; “the grip and navigate gesture with the user object 51”) comprises one or more of:
a touchless gesture input mode indication button (Kwak, FIG. 39, [0083], “gesture recognition mode may be activated when a user manipulates buttons 161 (illustrated in FIG. 39)”);
a left click button; a right click button; a scroll button.
As to claim 8, Kwak discloses the portable computer of claim 1, wherein the display (Kwak, FIGS. 1-2, [0070], “second display 190b”) is a touch-insensitive display (Kwak, FIGS. 1-2, [0290], “first and second displays 190a, 190b may be implemented as general display panels without touch input function”); and/or
wherein the display is a display configured to display three-dimensional content, in particular a spatial reality display and/or a holographic display.
As to claim 9, Kwak discloses the portable computer of claim 1, wherein the portable computer (Kwak, FIGS. 1-2, [0070], “multi display apparatus 100”) is configured to enter one of a plurality of touchless gesture input modes based at least in part on a position of at least one hand of the user relative to the portable computer (Kwak, FIGS. 1-2, [0088], “when the user touches a gesture recognition mode menu (not illustrated) on the displays 190a, 190b, or when the user presses a gesture recognition mode key (not illustrated) on the first or second body 2, 4”);
wherein the plurality of touchless gesture input modes (Kwak, FIGS. 1-2, [0088], “gesture recognition mode”) comprises one or more of:
a first mode in which at least part of a hand of the user, in particular at least one finger, is resting on the touchscreen, such as in a typing posture;
a second mode in which at least part of a hand of the user, in particular a palm or portion thereof, is resting on a palmrest region of the user-facing surface of the base housing;
a third mode in which at least part of a hand of the user, in particular the entire hand, is arranged next to the portable computer;
a fourth mode in which a hand of the user is arranged near the display without touching the portable computer (Kwak, e.g., see FIG. 13, [0133], “the user object 51 moves towards the second camera 142 and then moves to the right”);
a fifth mode in which at least part of a hand of the user, in particular at least one finger, is resting on a palmrest region of the user-facing surface of the base housing.
As to claim 10, Kwak discloses the portable computer of claim 1, wherein the touchless gesture input system (Kwak, FIG. 3, [0093], the system having “gesture recognition ranges 6, 7”) is configured to determine a plurality of different touchless gesture inputs performed by a user in an interaction space (Kwak, FIGS. 3-4, [0093], “gesture recognition ranges 6, 7”; [0096], “gesture recognition ranges 8 and 9”), in particular a three-dimensional interaction space (Kwak, FIGS. 3-4, [0093], “the 3-dimensional shape of the user object 51 or user motion is recognized, to ensure that the 3D gesture is recognized accurately”);
wherein the touchless gesture inputs (Kwak, FIGS. 3-4, [0093], “3D gesture”) are determined based at least in part on one or more of:
one or more fingers of the user (Kwak, TABLE 1, [0149], “the gesture type using one finger may include tap, touch & hold, double tap, drag, drag & drop and flick”);
one or both hands of the user (Kwak, e.g., FIG. 11, [0156], “the user gesture may be any of single finger gesture, two finger gesture, multi finger gesture, palm gesture, multi palm gesture, fist gesture, or multi fist gesture”);
one or more input objects held by the user (Kwak, e.g., FIG. 12, [0130], “one user object 51 may be the user's hand 54, and the other may be the pen 51a”);
wherein the touchless gesture inputs are further determined based at least in part on one or more touch inputs on the touchscreen (Kwak, e.g., FIG. 29, [0216], “the user may use their left or right hand as the user object 51 to make gestures, while touching the touch screen with their other hand, which can be a convenient command inputting process to the multi display apparatus 100”).
As to claim 11, Kwak discloses the portable computer of claim 10, wherein the determined touchless gesture inputs (Kwak, FIGS. 3-4, [0093], “3D gesture”) comprise one or more of:
a pointing gesture, wherein determining the pointing gesture causes a manipulation of a pointer displayed on the display (Kwak, e.g., FIG. 15, [0142], “The user is thus allowed to intuitively recognize the gestures, as the pointer 12 moves from left to right when the user object 51 moves from left to right”);
one or more two-dimensional and/or three-dimensional gestures (Kwak, e.g., FIG. 15, [0157], “User convenience is provided when the touch gesture set, and 2D and 3D gesture sets as the spatial gestures are combined similarly or identically”);
one or more user-defined gestures (Kwak, e.g., FIG. 15, [0157], “Depending on needs, the multi display apparatus 100 may include a gesture set setting menu to enable a user to set a unique gesture set and use the same”).
As to claim 12, Kwak discloses the portable computer of claim 1, wherein the touchscreen (Kwak, FIGS. 1-2, [0290], “first and second displays 190a, 190b may be implemented as … touch display panels”) is configured to display a plurality of touchscreen layouts (Kwak, e.g., see FIGS. 2, 17-18 and 36, [0238], “for example, one display 190a may display an operating screen, while the other display 190b may display tools such as a keyboard”) comprising one or more of:
a keyboard layout comprising a virtual computer keyboard for inputting text into an application displayed on the display (Kwak, e.g., see FIGS. 2, 17-18 and 36, [0238], “for example, one display 190a may display an operating screen, while the other display 190b may display tools such as a keyboard”);
one or more application-specific layouts comprising user-selectable affordances associated with content of an application displayed on the display (108), wherein the application includes one of: a word processing application; a spreadsheet application; a presentation application; a gaming application; an educational application; a web browser application; a video viewer application; a video and/or audio editing application; a programming environment application; a musical instrument application; a device control application for controlling a technical device such as an industrial machine, a robot, a vehicle, or a medical device; one or more user-defined layouts; a blank layout;
wherein, optionally, the portable computer is configured to cause displaying a selected one of the plurality of touchscreen layouts based at least in part on a user selection and/or based at least in part on a predicted user intent.
As to claim 13, Kwak discloses the portable computer of claim 1, wherein the touchless gesture input system (Kwak, FIG. 3, [0093], the system having “gesture recognition ranges 6, 7”) comprises sensing means (Kwak, FIGS. 3-4, [0083], “the controller 130 may photograph a subject using the first and second cameras 141, 142, determine a user gesture using the photographed result, and perform an operation corresponding to the user gesture”) configured to observe at least part of an interaction space (Kwak, see FIGS. 3-7), in particular;
wherein the sensing means (Kwak, FIG. 3, [0093], the system having “gesture recognition ranges 6, 7”) comprises at least a first and a second sensor arrangement (Kwak, FIGS. 3-4, [0083], “using the first and second cameras 141, 142”);
wherein the first and the second sensor arrangements (Kwak, e.g., FIG. 32, [0220], “ four cameras 143, 144, 147, and 148”) are respectively arranged at or near opposing upper corners of the user-facing surface of the top cover (Kwak, e.g., see FIG. 32, [0220], “the third and fourth cameras 147, 148 may be arranged on two corner areas of the edge areas of the second body 4”).
As to claim 14, it differs from claim 1 only in that it is the method of controlling the portable computer of claim 1. It recites substantially the same limitations as in claim 1, and further recites the steps of “receiving at least one user input, including at least one touch input on the touchscreen and/or at least one touchless gesture input captured by the touchless gesture input system; and generating at least one control command, including at least one control command to control a function of the portable computer and/or at least one control command to cause manipulation of content displayed on the touchscreen and/or at least one control command to cause manipulation of content displayed on the display”.
Kwak discloses them, and further discloses the steps of receiving at least one user input, including at least one touch input on the touchscreen and/or at least one touchless gesture input captured by the touchless gesture input system (Kwak, e.g., FIG. 29, [0216], “the user may use their left or right hand as the user object 51 to make gestures, while touching the touch screen with their other hand, which can be a convenient command inputting process to the multi display apparatus 100”); and
generating at least one control command, including at least one control command to control a function (Kwak, [0078], e.g., “the controller 130 may implement various operations including, for example, executing an application, selecting various icons, moving a cursor, finishing an application, changing a mode, or executing a function”) of the portable computer (Kwak, FIGS. 1-2, [0070], “multi display apparatus 100”) and/or at least one control command to cause manipulation of content displayed on the touchscreen and/or at least one control command to cause manipulation of content displayed on the display (Kwak, e.g., FIGS. 15-27). Please also see claim 1 for detailed analysis.
As to claim 15, it differs from claim 14 only in that it is the computer program or computer-readable medium having stored thereon the computer program to execute the instructions to perform the method of claim 14. It recites substantially the same limitations as in claim 14, and Kwak discloses them. Please see claim 14 for detailed analysis.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office Action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (US 2014/0101578 A1).
As to claim 7, Kwak teaches the portable computer of claim 6, wherein the virtual control panel (Kwak, e.g., see FIG. 19) comprises:
an outermost row (Kwak, FIG. 19, [0178], e.g., “image list 1710”) reachable by a middle finger of a user (Kwak, see FIG. 19); and
an inner row (Kwak, FIG. 19, [1079], e.g., “largest image 1720”) reachable by an index finger of the user (Kwak, see FIG. 19);
wherein the touchless gesture input mode indication button (Kwak, FIG. 39, [0083], “gesture recognition mode may be activated when a user manipulates buttons 161 (illustrated in FIG. 39)”) is arranged somewhere.
Kwak does not explicitly teach that the touchless gesture input mode indication button “is arranged in the outermost row”.
At the time of effective filing date, it would have been obvious to one of ordinary skill in the art to arrange the “user manipulates button 161” for “activating gesture recognition mode” to be arranged in, e.g., the position corresponding to the “largest image 1720”, as a matter of routine engineering choice.
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant’s disclosure:
Parikh et al. (US 2021/0132769 A1) teaches the concept of “lid controller hub (ICH) … processes sensor data generated by input sensors (mic, cameras, touchscreen) and provides for improved and enhanced experiences” (Abs.);
Xue et al. (US 2014/0198049 A1) teaches the concept of “detecting one or more user input objects in a 3D field relative to a 2D surface” (Abs.); and
Van Der Westhuizen (US 2011/0047459 A1) teaches the concept of “user interface combined with a primary display screen … secondary touch-sensitive display screen” (Abs.).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD J HONG whose telephone number is (571) 270-7765. The examiner can normally be reached on 9:00 AM to 6:00 PM EST.
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, Chanh Nguyen can be reached on (571) 272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Aug. 5, 2026
/RICHARD J HONG/Primary Examiner, Art Unit 2623
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