`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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`
`
`
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
`
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`CONF {MATION NO.
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`13/ 147,463
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`08/02/201 1
`
`Fumihiko Taguchi
`
`MAT—10478US
`
`3516
`
`EXAMINER
`RATNERPRESTIA —
`”04’2” —
`”90
`52473
`PO. BOX 980
`SUN, LIP
`VALLEY FORGE, PA 19482-0980
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`PAPER NUMBER
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`ART UNIT
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`2176
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`MAIL DATE
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`12/04/2012
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`13/147,463
`
`Examiner
`
`TAGUCHI, FUMIHIKO
`
`Art Unit
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1)IZI Responsive to communication(s) filed on 02 August 2011.
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`2a)I:l This action is FINAL.
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`2b)IZ| This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IZI Claim(s) L6is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)I:I Claim(s) _ is/are allowed.
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`7)|Zl Claim(s)_1-6is/are rejected.
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`8)I:I Claim(s) _ is/are objected to.
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`9)I:l Claim((s)
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`are subject to restriction and/or election requirement.
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`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway
`program at a participating intellectual property office for the corresponding application. For more information, please see
`
`htt
`:/'/www.us to. ovI’Watents/Init events/neb/Indexls or send an inquiry to PPeredback usntqt 0v.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`11)|Z| The drawing(s) filed on 02 August 2011 is/are: a)IZI accepted or b)|:l objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
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`12)IZ| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)lX| AII
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`b)I:I Some * c)|:l None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No. _
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
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`1) X Notice of References Cited (PTO-892)
`
`2) IX! Information Disclosure Statement(s) (PTO/SB/OS)
`Paper No(s)/Mai| Date 08/02/2011.
`US. Patent and Trademark Office
`
`3) D Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
`
`PTOL-326 (Rev. 09-12)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20121128
`
`
`
`

`

`Application/Control Number: 13/147,463
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`Page 2
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`Art Unit: 2176
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`DETAILED ACTION
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`This is a response to Application # 13/147,463 filed on 08/02/2011 in which
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`claims 1-6 were presented for examination.
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`Title of the Invention
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`37 C.F.R. 1.72(a) states: "The title of the invention may not exceed 500
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`characters in length and must be as short and specific as possible" (emphasis
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`added). Thus, the title of the invention is not sufficiently descriptive. A new title is
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`required that is more clearly and more specifically indicative of the invention to which
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`the claims are directed.
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`The examiner suggests the following: CONTROL DEVICE AND METHOD FOR
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`DISPLAYING A DEVICE LIST WITH AVAILABLE FUNCTIONS.
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`Examiner’s Comments Concerning the Recited Claims and 35 USC § 101
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`Claims 1-5 recite a “control device” comprising an “operation control unit”, a
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`“communication control unit”, a “first holding unit”, a “second holding unit”, a
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`“determining unit”, and a “display control unit”. (see Claim 1).
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`Based upon the description of the recited “control device”, “operation control
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`unit”, “communication control unit”, “first holding unit”, “second holding unit”,
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`“determining unit”, and “display control unit” in the Specification and the Drawings, the
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`

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`Application/Control Number: 13/147,463
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`Page 3
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`Art Unit: 2176
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`examiner interprets the “control device” to necessarily comprise hardware components.
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`For example, see Fig. 2; page 7, line 4-page 9, line 3.
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`If the recited “control device” is intended to include an embodiment that includes
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`only computer software components, then Applicant should expressly state that in the
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`Response to this Office Action.
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`In that instance, Claims 1-5 will be interpreted as being
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`non-statutory and rejections under 35 U.S.C. 101 will be forthcoming.
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`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:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
`
`Claims 1, 2, 6 are rejected under 35 U.S.C.102(b) as being anticipated by
`
`Mortensen, US Publication 2009/0154933 A1 (hereinafter Mortensen).
`
`Claim 1:
`
`Mortensen discloses a control device (see DTV 12 in Fig. 1) connected to an
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`objective device (see IR controlled (IRC) devices 30 and 1394 devices 40 in Fig. 1) to
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`be controlled via a network (see [0045], Mortensen discloses this limitation in that the
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`home theater network system (HTNS) 10, as depicted in Fig. 1, includes a plurality of IR
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`

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`Application/Control Number: 13/147,463
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`Page 4
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`Art Unit: 2176
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`controlled (IRC) devices 30 and 1394 devices 40 interconnected to the DTV 12 and one
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`another), the control device comprising:
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`an operation control unit (see IR detector/receiver 103 in Fig. 5) for
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`acquiring a request input by a user to display a device list screen (see
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`[0063]; [0049], Mortensen discloses this limitation in that as shown in Fig.
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`5, the IR detector 103 receives and amplifies the IR signal sent from a
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`remote control device 20 to show a device selection menu 52 as illustrated
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`in Figs. 2A-2F);
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`a communication control unit (see AV connection module (AVCM) 112 in
`
`Fig. 5) for acquiring attribute data of the objective device to be controlled
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`via the network (see [0068], line 1-6, Mortensen discloses this limitation in
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`that the function of the AVCM 112 is to determine the current state of the
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`HTNS 10 by querying the device management system (DMS) 116, TV
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`control module (TVCM) 140 and the TV micro 105 as to devices
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`connected to the system, active “in-use” device connections, active AV
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`switching within devices and current TV operating parameters);
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`a first holding unit (see device container list (DCL) 117, and device
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`interconnect list (DIL) in Fig. 5) for holding the attribute data acquired by
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`the communication control unit (see [0070], line 9-22; [0075], line 1-2,
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`Mortensen discloses this limitation in that the DCL 117 is a list, or
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`database, of all the supported devices that make up the HTNS 10;
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`information about each device is placed into a device container object
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`

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`Application/Control Number: 13/147,463
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`Page 5
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`Art Unit: 2176
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`(DCO); the DIL 118 is a list, or database, of all the physical device
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`connections in the HTNS 10);
`
`.
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`a second holding unit (see TVCM 140 in Fig. 5) for holding function
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`information of the control device (see [0068], line 1-6, Mortensen discloses
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`this limitation in that AVCM 112 queries the device management system
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`(DMS) 116, TV control module (TVCM) 140 and the TV micro 105 as to
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`devices connected to the system, active “in-use” device connections,
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`active AV switching within devices and current TV operating parameters);
`
`.
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`a determination unit for detecting a presence of different functions (e.g.,
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`TV audio, vs. IRC AVR, or 1394 AVR) having an identical action (e.g.,
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`audio output) based on the attribute data held by the first holding unit and
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`the function information held by the second holding unit (see window 80 in
`
`Fig. 2A, and 1801 in Fig. 2F; [0051], line 12-15; [0052], line 1-9,
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`Mortensen discloses this limitation in that in the device selection menu 52,
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`icons corresponding to the audio sink or audio output devices, such as the
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`TV audio icon 82, an IRC AVR icon 84 and a 1394 AVR icon 86, are
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`displayed in the audio window; this intuitive, on-screen, head-up, real-time
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`visual recognition system visually communicates to the user U the current
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`system state including active "in-use" connections, input device options,
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`audio output options, and etc.);
`
`.
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`a display control unit (see graphical Ul 114 in Fig. 5) for displaying a
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`device list screen (see window 80 in Fig. 2A, and 1801 in Fig. 2F)
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`

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`Application/Control Number: 13/147,463
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`Page 6
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`Art Unit: 2176
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`provided with information indicating the presence of the different function
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`detected by the determination unit (see [0051], line 12-15; [0052], line 1-9,
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`Mortensen discloses this limitation in that in the device selection menu 52,
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`icons corresponding to the audio sink or audio output devices, such as the
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`TV audio icon 82, an IRC AVR icon 84 and a 1394 AVR icon 86, are
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`displayed in the audio window; this intuitive, on-screen, head-up, real-time
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`visual recognition system visually communicates to the user U the current
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`system state including active "in-use" connections, input device options,
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`audio output options, and etc.); and
`
`.
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`a control unit (see inter-processor communication module (IPC) 107 in
`
`Fig. 5) for, when the operation control unit has acquired the request to
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`display the device list screen, making the communication control unit
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`acquire the attribute data, making the determination unit detect the
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`presence of the different functions having the identical action, and making
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`the display control unit display the device list screen (see [0067], line 2-8,
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`Mortensen discloses this limitation in that an inter-processor
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`communication module (IPC) 107 enables communications between the
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`DM 110 and the software or other programmable logic of the TV micro
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`105, a user interface module (UIM) 111, a 1394 control module 120, a
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`1394 driver module 124, a IR control module 130, an IR blaster control
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`module 134, and a TV control (TVC) module 140).
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`

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`Application/Control Number: 13/147,463
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`Page 7
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`Art Unit: 2176
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`Claim 2:
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`Mortensen discloses the control device according to claim 1, wherein the
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`determination unit detects the presence of the different functions having the identical
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`action based on a plurality of pieces of the attribute data held by the first holding unit
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`(see window 80 in Fig. 2A, and 1801 in Fig. 2F; [0051], line 12-15; [0052], line 1-9,
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`Mortensen discloses this limitation in that in the device selection menu 52, icons
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`corresponding to the audio sink or audio output devices, such as the TV audio icon 82,
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`an IRC AVR icon 84 and a 1394 AVR icon 86, are displayed in the audio window; this
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`intuitive, on-screen, head-up, real-time visual recognition system visually communicates
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`to the user U the current system state including active "in-use" connections, input
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`device options, audio output options, and etc.; audio output information for TV, IRC
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`AVR, and 1394 AVR is considered a plurality of pieces of attribute data).
`
`Claim 6:
`
`Claim 6 merely recites a control method of using the control device recited in
`
`Claim 1. Mortensen discloses a control method (see Claim 1). Thus, Mortensen
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`discloses every limitation of Claim 6, as indicated in the above rejection for Claim 1.
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`

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`Application/Control Number: 13/147,463
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`Page 8
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`Art Unit: 2176
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claim 3 is rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Mortensen in view of Yui et a|., US Patent No. 7,613,922 B2 (hereinafter Yui).
`
`Claim 3:
`
`Mortensen discloses every element of Claim 1. Additionally, Mortensen teaches
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`that the device selection menu 52 is customizable and can include any number of
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`windows (see Figs. 2A-2F; [0050], e.g., in Fig. 2E, the audio window is not displayed).
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`Mortensen fails to expressly disclose/teach: further comprising:
`
`.
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`a third holding unit for storing a usage history of a predetermined function
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`contained in the function information of the control device; and
`
`.
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`a suppression unit for outputting a suppression request to suppress the
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`predetermined function based on the usage history held by the third
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`holding unit,
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`wherein upon receiving the suppression request from the suppression unit, the
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`display control unit displays the device list screen not containing the information
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`indicating the presence of the different functions detected by the determination unit.
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`Yui teaches an electronic device controlling system for controlling electronic
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`devices without requiring tedious operations (see Col. 1, line 36-41), further comprising:
`
`

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`Application/Control Number: 13/147,463
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`Page 9
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`Art Unit: 2176
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`a third holding unit (see personal profile information in Fig. 27) for storing
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`a usage history of a predetermined function (see electronic device usage
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`history information in Fig. 27) contained in the function information of the
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`control device (see Col. 28, line 25-40, Yui discloses this limitation in that
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`as shown in Fig. 27, electronic device usage history information is
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`recorded as part of personal profile information in the family information
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`memory 105; the electronic device usage history information may be
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`constituted by the history of remote controller operations performed
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`illustratively during the past month; the monitor control unit 1 derives each
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`user's tastes and preferences from that history of remote controller
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`operations); and
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`a suppression unit for outputting a suppression request to suppress the
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`predetermined function based on the usage history held by the third
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`holding unit (see Col. 28, line 35-42, Yui discloses this limitation in that the
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`historical information allows the monitor control unit 1 to determine that a
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`particular user likes watching TV or listening to audio program and control
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`the electronic devices accordingly, e.g., turn on TV directly instead of
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`other audio program based on user preference. In this example, other
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`audio program is considered suppressed based on preference),
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`wherein upon receiving the suppression request from the suppression unit, the
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`display control unit displays the device list screen not containing the information
`
`indicating the presence of the different functions detected by the determination unit (see
`
`

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`Application/Control Number: 13/147,463
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`Page 10
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`Art Unit: 2176
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`Col. 28, line 35-42, Yui discloses this limitation in that the historical information allows
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`the monitor control unit 1 to determine that a particular user likes watching TV or
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`listening to audio program and control the electronic devices accordingly, e.g., turn on
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`TV directly instead of other audio program based on user preference. In this example,
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`the TV is turned on directly for user to watching TV programs without the need to
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`display additional option menus asking user to manually turn on the TV or other
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`devices),
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`for the purpose of controlling electronic devices without requiring tedious
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`operation to save time (see Col. 1, line 36-41).
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`Accordingly, it would have been obvious to one having ordinary skill in the art at
`
`the time of the invention was made to modify the control device, disclosed in Mortensen,
`
`to include:
`
`o
`
`a third holding unit for storing a usage history of a predetermined function
`
`contained in the function information of the control device; and
`
`.
`
`a suppression unit for outputting a suppression request to suppress the
`
`predetermined function based on the usage history held by the third
`
`holding unit,
`
`wherein upon receiving the suppression request from the suppression unit, the
`
`display control unit displays the device list screen not containing the information
`
`indicating the presence of the different functions detected by the determination unit,
`
`for the purpose of controlling electronic devices without requiring tedious
`
`operation to save time, as taught by Yui.
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`

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`Application/Control Number: 13/147,463
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`Page 11
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`Art Unit: 2176
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`Claim 4 is rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Mortensen in view of Kang et al., US Publication 2006/0140499 A1 (hereinafter Kang).
`
`Claim 4:
`
`Mortensen discloses every element of Claim 1.
`
`Mortensen fails to expressly disclose/teach: wherein the network uses HDMI
`
`(High-Definition Multimedia Interface); and the communication control unit acquires the
`
`attribute data as a response to an HDMI extension command.
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`Kang teaches apparatuses and methods for data processing which enables input
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`data to be processed in an optimum data processing environment by making data
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`processing apparatus share information (see [0003]), wherein the network uses HDMI
`
`(High-Definition Multimedia Interface); and the communication control unit acquires the
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`attribute data as a response to an HDMI extension command (see Figs. 5, and 8; [049];
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`[0084], Kang discloses this limitation in that as shown in Fig. 5, attributes for electronic
`
`devices, e.g., a DVD player, a set-top box, and a TV set are retrieved; as shown in Fig.
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`8, the interface units 820 and 850 corresponding to DVDP 810 and TV set 840 are
`
`connected using DVI/HDMI; the control unit 846 set as the master control unit
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`determines an optimum condition for enhancing image quality bases on attribute
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`information stored in the lookup table 818 of the DVDP 810).
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`

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`Application/Control Number: 13/147,463
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`Page 12
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`Art Unit: 2176
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`It would have been obvious to one of ordinary skill in the art to use the known
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`technique of HDMI to connect electronic devices in a network, as taught by Kang, to
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`improve a similar electronic device network, disclosed in Mortensen, to increase
`
`efficiency for sharing data/information among electronic devices in the same manner as
`
`set forth in Kang.
`
`Claim 5 is rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Mortensen in view of Doumuki et al., US Publication 2007/0101024 A1 (hereinafter
`
`Doumuki).
`
`Claim 4:
`
`Mortensen discloses every element of Claim 1.
`
`Mortensen fails to expressly disclose/teach: wherein the network uses DLNA
`
`(Digital Living Network Alliance); and the communication control unit acquires the
`
`attribute data contained in DDD (Device Description Document) information of DLNA.
`
`Doumuki teaches system and method providing interoperability between IEEE
`
`1394 network devices and universal plug-and-play (UPnP) network devices in a home
`
`network (see [0007]), wherein the network uses DLNA (Digital Living Network Alliance)
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`(see [0004], Doumuki discloses this limitation in that lP-based network protocols are
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`increasingly adopted by consumer electronics in light of the direction of the Digital Living
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`

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`Application/Control Number: 13/147,463
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`Page 13
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`Art Unit: 2176
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`Network Alliance (DLNA)); and the communication control unit acquires the attribute
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`data contained in DDD (Device Description Document) information of DLNA (see
`
`[0039], Doumuki discloses this limitation in that when a control point (CP) is added to
`
`network, it sends a “ssdp:search” message to search other devices; a “ssdp:a|ive” or a
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`response to “ssdp:search” includes a URL to the device description document which
`
`includes detailed information of the device and a URL of the service description
`
`document).
`
`It would have been obvious to one of ordinary skill in the art to use the known
`
`technique of utilize DLNA in a home network, as taught by Doumuki, to improve a
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`similar electronic device network, disclosed in Mortensen, to achieve interoperability in a
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`home network in the same manner as set forth in Doumuki.
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`The prior art made of record and not relied upon is considered pertinent to
`
`Conclusion
`
`applicant's disclosure:
`
`Matsuzaki, US Publication 2008/0229209 A1, a display control device controlling
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`display of contents in another device connected over a network.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Li Sun whose telephone number is (571 )270-5538. The
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`examiner can normally be reached on Monday-Thursday, 8AM-5PM EST.
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`

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`Application/Control Number: 13/147,463
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`Page 14
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`Art Unit: 2176
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Doug Hutton can be reached on (571)272-4137. The fax phone number for
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`the organization where this application or proceeding is assigned is 571 -273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/Li Sun/
`
`Examiner, Art Unit 2176
`
`/Doug Hutton/
`Supervisory Patent Examiner, Art Unit 2176
`
`