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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/646,715
`
`03/12/2020
`
`Yuuki OKAMOTO
`
`070469-0966
`
`2135
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`CHIN, RICKY
`
`2423
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/26/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/646,715
`Examiner
`RICKY CHIN
`
`Applicant(s)
`OKAMOTO, Yuuki
`Art Unit
`AIA (FITF) Status
`2423
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 5-11-22.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-9 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`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
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220521
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under
`
`the first inventorto file provisions of the AIA.
`
`2. Applicant's arguments filed 5-11-22 have been fully considered but are not
`
`Responseto Arguments
`
`persuasive.
`
`Applicant amends the claim to recite “establish a direct connection from the
`
`controller device to a device to be controlled by the controller device” and argues that
`
`the prior art of record does not teach of the above claim limitation. The Examiner
`
`respectfully disagrees. The Examiner points to [0040] of Stark which clearly states that
`
`“in some embodiments, controls may be sent directly to the device being controlled,
`
`while in other embodiments one or more intermediate devices maybeinvolvedin the
`
`controls” and [0065] which clearly states that “the routine may direct the presentation
`
`directly or via one or more intermediary devices”. Hence, applicant's argumentthat this
`
`does not meanthat the remote control device is directed connected to the monitor
`
`device is not persuasive since Stark clearly discloses that the controls are sent directly
`
`to the device without the intermediate devices.
`
`With regards to Yu, applicant argues that Yu doesnot disclose a direct connection
`
`between the control deice and the monitor. Applicant’s arguments have been noted.
`
`However, it should be noted that Yu is not relied upon for the establishing a direct
`
`connection and is relied upon in combination with Stark, specifically for the teachings of
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 3
`
`the network connection information to establish a connection from the controller device
`
`and of a communication unit that sends the network connection information indicating
`
`the monitor as the connection destination stored in the memory unit to the controller
`
`device, whenreceiving a requestfrom the controller device.
`
`For the reasons stated above and detailed below, the rejections are maintained.
`
`Claim Rejections - 35 USC § 103
`
`3.—The following is a quotation of 35 U.S.C. 103 which formsthe basis for all
`
`obviousnessrejections 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 of this title, 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.
`
`4.
`
`Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Stark et
`
`al., US 2006/0253874 in view of Yu, US 2017/0064383.
`
`Regarding claim 1, Stark teaches of a renderer device to be controlled by a
`
`controller device connected to a predetermined communication network (See Fig.3B,
`
`remote device connected over network to computing system and presentation devices
`
`and [0030]-[0032] which discloses of the remote control controlling the computing
`
`device), the renderer device comprising:
`
`a memoryunit that stores network connection information which indicates a
`
`connection destination of the controller device and the controller device to establish a
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 4
`
`direct connection from the controller device to a device to be controlled by the controller
`
`device (See [0021 ]-[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070]; [01 12]-[0119]
`
`and figs.2 and 3B which discloses the memory of the CM system as well as the GUI
`
`memoryfor being able to display all of the connected devices that are connected
`
`through the network displaying the destination of at least the location and types of
`
`devices such that can be used to control the renderer device/CM system with the
`
`remote controller device; [0022], [0040], [0065], and [0114] teaches of communicating
`
`with the devices directly from the controller device to control the presentation devices);
`
`a detector that detects whether each of monitor devices is connected to the
`
`renderer device via the predetermined communication network (See [0021]-[0022];
`
`[0028]-[0035]; [0040]; [0051]; [0065]-[0070]; [01 12]-[0119] and figs.2 which disclosesof
`
`device searching and device refreshing for finding and detecting the connected devices
`
`within the network); and
`
`an information update unit that updates the connection destination indicated by the
`
`network connection stored in the memory unit so that the connection destination
`
`indicates a monitor device among the monitor devices, when the detector has detected
`
`that the monitor device is connected via the predetermined communication network
`
`(See [0021 ]-[0023]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070); [0112]-[0119] and figs.2
`
`and 3B which discloses the memory of the CM system as well as the GUI memoryfor
`
`being able to display all of the connected devices that are connected through the
`
`network displaying the destination of at least the location and types of devices such that
`
`can be used to control the renderer device/CM system with the remote controller device,
`
`whereby presentation devices are of monitors/televisions. Further, the refresh devicesis
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 5
`
`disclosed which detects any changes and updates since the last time or from a
`
`predetermined time to detect updated connection status updates of the devices
`
`connected through the network).
`
`Stark is silent with respect to using the network connection information to establish a
`
`connection from the controller device, a communication unit that sends the network
`
`connection information indicating the monitor device as the connection destination
`
`stored in the memoryunit to the controller device, when receiving a request from the
`
`controller device.
`
`However, in the same field of endeavor, Yu teaches using the network connection
`
`information to establish a connection from the controller device and of a communication
`
`unit that sends the network connection information indicating the monitor as the
`
`connection destination stored in the memory unit to the controller device, when
`
`receiving a requestfrom the controller device (See Fig.1; [0053]-[0065]; [(0071]-[0072],
`
`[0107]; [0120]-[0121]; [0127], and [0134]-[0136] which discloses of sending updated and
`
`most recent networkinformation of the states of the display/monitor/presentation
`
`devices to the remote controller device based on the most recent and updated stored
`
`state information and also being transmitted based upon a request/button/icon
`
`activation sent to the AV hub from the remote controller such that is used by the
`
`controller to establish connection from the controller device).
`
`It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention to have modified the teachings of Stark to have
`
`incorporated the teachings of Yu for the mere benefit of providing bi-directional
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 6
`
`information from the renderer device and controller device as to better provide
`
`synchronization and control functionality.
`
`Regarding claim 2, the combination teaches the renderer device according to claim
`
`1, where the detector performs communication that follows a specified procedure with
`
`each of the monitor devices to detect that the monitor device has been connected to the
`
`renderer device (See Stark, [0021]-[0022]; [(0028]-[0035]; [0040]; [0051]; [0065]-[0070];
`
`[0112]-[0119] and figs.2 ;Yu,Fig.1; [0053]-[0065]; [0121]; [0127], and [0134]-[0136]
`
`which discloses the detection process of the monitor devices which are connected
`
`through the instructed procedures).
`
`Regarding claim 3, the renderer device according to claim 2, wherein the detector
`
`detects whether each of the monitor devices connected through the communication that
`
`follows the specified procedureis in a playback available state (See analysis of claim 1;
`
`See Stark, [0021]-[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070]; [01 12]-[0119] and
`
`figs.2-3B which discloses detecting the states/status of the presentation devices based
`
`on the search functionality; Yu,Fig.1; [0053]-[0065]; [0121]; [0127], and [0134]-[0136]
`
`which discloses of detecting the states and transmitting the state device information to
`
`the controller device for controlling the presentation devices), and
`
`when receiving the request from the controller device, the communication unit:
`
`(1) sends the network connection information on one of the monitor devices stored
`
`in the memoryunit to the controller device when the detector has detected that the
`
`monitor deviceis in the playback state (See analysis of claim 1; See Stark, [0021]-
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 7
`
`[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070); [0112]-[0119] and figs.2-3B which
`
`discloses of searching for the connected devices with search criteria such as status and
`
`location when the devices are detected and being able to refresh and update the
`
`statuses upon command; Yu,Fig.1 ; [0053]-[0065]; [0121]; [0127], and [0134]-[0136]
`
`which discloses of dynamically updating the device state and of hot plug detectfor
`
`detecting the states of the devices and of transmitting the device state from the hub to
`
`the controller device); and
`
`(2) does not send the network connection information on any of the monitor devices
`
`stored in the memory unit to the controller device when the detector has detected that
`
`none of the monitor devicesis in the playback available state (See analysis of claim 1;
`
`See Stark, [0021]-[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070]; [01 12]-[0119] and
`
`figs.2-3B which discloses of the search functionality of finding only active playback
`
`devices and listing only those in the search result; Yu,Fig.1; [0053]-[0065]; [0121];
`
`[0127], and [0134]-[0136] which discloses detecting the device states of the monitors
`
`and transmitting the device states to the controller device. It would therefore have been
`
`obvious to one of ordinary skill in the art before the effectivefiling date of the claimed
`
`invention to have modified Stark and the teachingsof displaying only active playback
`
`devicesor devicesthatfit a desired criteria to have incorporated the teachings of Yu to
`
`only transmit device states of desired states such as active only in order to save
`
`bandwidth in transmitting only pertinent information of the device states useful and
`
`desired by the user).
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 8
`
`Regarding claim 4, the combination teaches the rendered device according to
`
`claim 1,
`
`wherein the detector detects a power state of each of the monitor devices detected
`
`as being connected to the rendered device (See analysis of claim 1; See Stark, [0021]-
`
`[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070); [0112]-[0119] and figs.2-3B which
`
`discloses of detecting whether the presentation devices are powered on and active for
`
`the computing system to detect and output the status in the user interface; Yu,Fig.1;
`
`[0053]-[0065]; [0121]; [0127], and [0134]-[0136] which discloses of detecting the states
`
`of the presentation devices to the hub), and
`
`when receiving the request from the controller device, the communication unit
`
`sends to the controller device the network connection information on one of the monitor
`
`devices, the power state of which detected by the detector is a power-on state, out of
`
`items of the network connection information on the monitor devices (See analysis of
`
`claim 1; See Stark, [0021]-[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070); [01 12]-
`
`[0119] and figs.2-3B which discloses of displaying the active devices when requested by
`
`the controller device; Yu,Fig.1; [0053]-[0065]; [0121]; [0127], and [0134]-[0136] which
`
`discloses of sending the device state information to the controller device of the active
`
`presentation devices).
`
`Regarding claim 5, the combination teaches the renderer device according to claim
`
`1, further comprising:
`
`an output unit that outputs at least one of a video signal or an audio signal to a
`
`predetermined device by communication that is different from communication that uses
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 9
`
`the predetermined communication network (See analysis of claim 1; See Stark, [0021]-
`
`[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070); [0112]-[0119] and figs.2-3B which
`
`discloses of the content being transmitted through different connections and form
`
`different types of presentation devices; Yu,Fig.1; [0053]-[0065]; [0121]; [0127], and
`
`[0134]-[0136] which discloses of different protocols and different network
`
`communication for each of the devices),
`
`wherein the communication unit determines, as network connection information to
`
`send to the controller device, one of the network connection information on the monitor
`
`device and the network connection information on the renderer device, based on a
`
`detection result obtained by the detector and a state of the output unit, and send the
`
`network connection information determined to the controller device (See analysis of
`
`claim 1; See Stark, [0021]-[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070); [01 12]-
`
`[0119] and figs.2-3B which discloses; Yu,Fig.1; [0053]-[0065]; [0121]; [0127], and
`
`[0134]-[0136] which discloses of transmitting the device state information to the
`
`controller device from the hub device based on detecting the state).
`
`Regarding claim 6, the combination teaches a renderer playback system
`
`comprising:
`
`the renderer device according to claim 1;
`
`the controller device, and
`
`the monitor devices, wherein at least one of the monitor devices that is connected
`
`to the predetermined communication network is unresponsive to a search request that
`
`specifies the renderer device, when receiving the search request from the controller
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 10
`
`device (See analysis of claim 1; See Stark, [0021 ]-[0022]; [0028]-[0035]; [0040]; [0051];
`
`[0065]-[0070]; [0112]-[0119] and figs.2 which discloses the CM system being connected
`
`to the presentation devices and of the controller being able to execute the search
`
`command wherein the search command only results in specified devicesfitting criteria
`
`in order to be responsive to the search;Yu,Fig.1; [0053]-[0065]; [0121]; [0127], and
`
`[0134]-[0136] which discloses of the presentation devices connected to the hub for
`
`control by the remote controller and wherein the search request only presents devices
`
`according to the particular states of the devices matching a threshold of at least hot plug
`
`detect).
`
`Regarding claim 7, the combination teaches a renderer playback system
`
`comprising:
`
`the renderer device according to claim 1;
`
`the monitor devices connected to the predetermined communication network
`
`(See Stark, Fig.3A, 370; Yu, Fig.1 and [0051]); and
`
`a controller device that (i) sends a search request specifying the renderer device,
`
`to receiver network connection information from the renderer device and network
`
`connection information from the monitor device, and (ii) determines a device to be
`
`controlled based on the network information received from the renderer device, out of
`
`the network connection information received from the renderer device and the network
`
`connection information received from the monitor device (See analysis of claim 1; See
`
`Stark, [0021]-[0022]; [0028]-[0035]; [0040]; [0051]; [0065]-[0070]; [0112]-[0119] and
`
`figs.2-3B which discloses the CM system being connected to the presentation devices
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 11
`
`and of the controller being able to execute the search command wherein the search
`
`command results in the list of active devices or of devices in a particular group to be
`
`controlled; Yu,Fig.1; [0053]-[0065]; [0121]; [0127], and [0134]-[0136] which discloses of
`
`transmitting the device state of the playback devices to the hub and the hub can
`
`communicate the device states to the controller device such that the controller device
`
`can execute commandsfor the desired playback devices in the network).
`
`Regarding claim 8, the combination teaches a renderer playback system
`
`comprising:
`
`the renderer device according to claim 3 (See analysis of claim 3); and
`
`the monitor device that is connected to the predetermined communication network,
`
`and sends state information to the renderer device via the predetermined
`
`communication network, the state information indicated that the monitor device is ina
`
`playback available state (See analysis of claim 1; See Stark, [(0021]-[0022]; [0028]-
`
`[0035]; [0040]; [0051]; [0065]-[0070]; [0112]-[0119] and figs.2 which discloses the CM
`
`system being connected to the presentation devices and of communicating the states of
`
`the presentation device to the computing system of at least active/powered
`
`on/off/current location; Yu,Fig.1; [0053]-[0065]; [0121]; [0127], and [0134]-[0136] which
`
`discloses communicating the presentation device states to the hub).
`
`Regarding claim 9, the claim has been analyzed and rejected for the same reasons
`
`set forth in the rejection of claim 1.
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Conclusion
`
`Page 12
`
`5.
`
`Applicant's amendment necessitated the new ground(s) of rejection presentedin
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHSfrom the mailing date of this action. In the eventafirst replyis filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however,will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`Contact
`
`6.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Ricky Chin whose telephone number is 571-270-3753.
`
`The examiner can normally be reached on M-F 8:30-6:00.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Benjamin Bruckart can be reached on 571-272-3982. The fax phone
`
`number for the organization where this application or proceeding is assigned is 703-
`
`872-9306.
`
`

`

`Application/Control Number: 16/646,715
`Art Unit: 2423
`
`Page 13
`
`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 accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197(toll-free).
`
`/Ricky Chin/
`Primary Examiner
`AU 2423
`(571) 270-3753
`Ricky.Chin@uspto.gov
`
`