Ex Parte Arling et alDownload PDFPatent Trial and Appeal BoardFeb 22, 201914184298 (P.T.A.B. Feb. 22, 2019) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 14/184,298 02/19/2014 Paul D. Arling 34018 7590 02/26/2019 Greenberg Traurig, LLP 77 W. Wacker Drive Suite 3100 CHICAGO, IL 60601-1732 UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 81230.721US6 6447 EXAMINER FOXX, CHICO A ART UNIT PAPER NUMBER 2684 NOTIFICATION DATE DELIVERY MODE 02/26/2019 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): chiipmail@gtlaw.com escobedot@gtlaw.com j arosikg@gtlaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte PAUL D. ARLING and PATRICK H. HAYES Appeal 2017-011216 Application 14/184,298 1 Technology Center 2600 Before MARC S. HOFF, DAVID M. KOHUT, and JENNIFER L. MCKEOWN, Administrative Patent Judges. KOHUT, Administrative Patent Judge DECISION ON APPEAL STATEMENT OF THE CASE This is a decision on appeal under 35 U.S.C. § 134(a) from the Examiner's final rejection of claims 2-11 and 14--26. 2, 3 We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 1 Appellants identify Universal Electronics Inc. as the real party in interest. App. Br. 2. 2 Our Decision makes reference to Appellants' Reply Brief ("Reply Br.," filed August 23, 2017), and Appeal Brief ("App. Br.," filed April 25, 2017), and the Examiner's Answer ("Ans.," dated June 28, 2017) and Final Office Action ("Final Act.," dated December 23, 2016). 3 Claims 1, 12, and 13 were previously cancelled in an amendment filed March 11, 2015. Appeal2017-011216 Application 14/184,298 INVENTION The claimed subject matter relates to configuring a smart device to command functional operations of a target appliance using a remote control application resident on the smart device. Abstract. Claim 26 is illustrative of the claimed invention and is reproduced below, with relevant portions italicized. 26. A non-transitory computer-readable media having stored thereon instructions for configuring a smart device to command functional operations of at least one of a control table appliance having a plurality of physical High Definition Media [Interface] ("HDMI") ports and a target appliance coupled to the controllable appliance, the instructions performing steps compnsmg: causing the smart device to retrieve from the controllable appliance data indicative of one of the plurality of physical HDMI ports of the controllable appliance to which the target appliance is coupled; and using by a remote control application resident on the smart device the data indicative of the one of the plurality of physical HDMI ports of the controllable appliance to which the target appliance is coupled to automatically configure the remote control application resident on the smart device whereupon activation of at least one of a plurality of user input elements provided by the remote control application resident on the smart device will cause the smart device to transmit to the controllable appliance at least a command to cause the controllable appliance to select the one of the plurality of physical HDMI ports of the controllable appliance to which the target appliance is coupled to thereby select the target appliance as a media source for the controllable appliance wherein the at least one of the plurality of user input elements is preassigned within the remote control application resident on the smart device to a device type of the target appliance. App. Br. 18-19 (Claims App.). 2 Appeal2017-011216 Application 14/184,298 REJECTIONS AT ISSUE4 Claims 4, 6, 7, 16, 17, 24, and 26 are rejected under 35 U.S.C. § I03(a) as being unpatentable over Kikuchi et al. (US 2009/0219174 Al, published September 3, 2009) ("Kikuchi") and Yang (US 6,133,847, issued October 17, 2000). Final Act. 6-15. Claims 2, 3, 5, 14, and 15 are rejected under 35 U.S.C. § I03(a) as being unpatentable over Kikuchi, Yang, and Candelore (US 2008/0244097 Al, published October 2, 2008). Final Act. 15-19. Claims 8-10 and 18-22 are rejected under 35 U.S.C. § I03(a) as being unpatentable over Kikuchi, Yang, and Chardon et al. (US 2012/0249890 Al, published October 4, 2012) ("Chardon"). Final Act. 19- 23. Claim 11 is rejected under 35 U.S.C. § I03(a) as being unpatentable over Kikuchi, Yang, and Negron et al. (US 2009/0239587 Al, published September 24, 2009) ("Negron"). Final Act. 23-24. Claim 23 is rejected under 35 U.S.C. § I03(a) as being unpatentable over Kikuchi, Yang, and Patel et al. (US 2012/0050310 A 1, published March 1, 2012) ("Patel"). Final Act. 24--26. Claim 25 is rejected under 35 U.S.C. § I03(a) as being unpatentable over Kikuchi, Yang, Patel, and Yoshida et al. (US 8,650,334 B2, issued February 11, 2014) ("Yoshida"). Final Act. 26-27. 4 The rejection of claims 2-11 and 14--26 under 35 U.S.C. § 112(a) or 35 U.S.C. § 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement (see Final Act. 3-5), were withdrawn. Ans. 2. 3 Appeal2017-011216 Application 14/184,298 ISSUES Issue 1 - Did the Examiner err in finding the combination of Kikuchi and Yang teaches user input elements preassigned within a remote control application to a device type of the target appliance, as required by independent claim 26, and similarly required by independent claims 4 and 16? Issue 2 - Did the Examiner err in finding it obvious to modify Kikuchi's user input elements in view of Yang's touchscreen icon user input elements and remote control application, for independent claims 4, 16, and 26? ANALYSIS Independent claim 26 requires "user input elements ... preassigned within the remote control application resident on the smart device to a device type of the target appliance." App. Br. 19 (Claims App.). The Examiner finds that Kikuchi teaches a smart device (remote controller 3) for controlling a target appliance ( e.g., Blu-ray disc recorder 2a). Final Act. 6, 14-15. The Examiner finds that Kikuchi teaches user input elements (physical buttons 3 la-3 lc and visual indications, e.g., BD and HD), seen below in Figures 1 and 3. See Final Act. 6-8, 10; Ans. 3-4. 4 Appeal2017-011216 Application 14/184,298 3 \ RsMOTE CONTRQi..ltR 5, 1~ i 4 \ HOM/ H!D HDM! 2-HD HDM! 3- Fig. 1 TV I 0 ( \ TV 0 REMOTE· CCNT'lOllER 31•·-~ -~ 0 REMOTI' CONTROU.fR r'-_.,3 _,32 Fig. 3 2> 32-- BD HO O -22 31, -- _ _Q q o-- -Jlc 2.s~----- G) ®-® Y'" @@@ I '.> 14 <2)@@ I @@@ ) CJ CJ Cl CJ Cl CJ CJ Cl ~EIE) S! l e us, e r 11 0 0 0) ~ u-- -2Sb [J [} J1c --...... 'lib . '" .... Kikuchi Figures 1 and 3 illustrate remote controller (3) with buttons (3 la-3 lc) and indications (BD, HD). The indications represent device types of connected target appliances (2a, 2b ), e.g., the indication "BD" represents Blu-ray disc recorder (2a) and appears in LCD (32) above button (3 la). Kikuchi ,r,r 33-34, 47-48. The Examiner finds Kikuchi' s remote controller uses a device type ("device identification information") to assign a target appliance ( and the target appliance's indication-ED, HD, etc.) to a button. See Final Act. 6-8 ( citing Kikuchi ,r 42); Ans. 3-4. The Examiner then relies on Yang for a remote control application including its pre-assigned user input elements. Id. at 10, 15. Specifically, the Examiner finds Yang discloses a remote control application (software) including user input elements ( touch screen icons 14 7 A-D) pre-assigned to 5 Appeal2017-011216 Application 14/184,298 specific devices ( e.g., a VCR). Final Act. 15 ( citing Yang, col. 6, 11. 21-34, Fig. 3A, seen below). F'IC:. 8A ll.-HO i .- 1 I~-. ,~~ ! :,',,,,l i fli.I i i RC\¥, i \ t~l L---J >m· i 'rl'Wl'.l' i ~ L~J 1 '. I ___ 141C ------- !,,~"" \ ---------------------.-- .............................. . Yang Figure 3A illustrates a remote controller (100) with software to generate and display touch screen icons (147 A-147D) for controlling a connected device (VCR 200). Yang, col. 6, 11. 21-34. The Examiner points out that Yang also discloses an alternative set-up with physical buttons and visual indications ( which, we note, is similar to Kikuchi) instead of touch screen icons. Ans. 7 (citing Yang, col. 5, 1. 65- col. 6, 1. 20, Fig. 2B, seen below). FIG. ZB . ~u. r.·nrnf.l~ "~~ i io ! 1~~ 22-0 ~----------~-;~~~;:----------------;L- ,20 P-L ___ ; ___ ...! L_ ,1.~C:1(1!-iS ~lrnFAl:E ~ ! ID 