PATROLL Winning Submission

U.S. Patent No. 7,500,202

The patent-at-issue, U.S. Patent No. 7,500,202 (“Gerba”), which was filed on September
30, 2002 and claims a February 4, 1998 priority date is directed to a remote control for
navigating content presented on a display device, wherein the remote control includes at least
three groups of operation controls buttons, each group being located on different sides of the
remote control, and wherein at least one operation control from one group may be used in
conjunction with at least one other operation control from another group.
U.S. Patent No. 5,805,256 (“Miller”), filed on February 27, 1995 without any claim to an
earlier priority date, relates to a remote control for transmitting instruction signals to a video or
audio device, wherein the remote control includes a front, back, and bottom sides, each side
having operation controls, and wherein a remote control user may perform an operation by
pressing an operational control button from one side of the remote control and another operation
control button from a different side of the remote control.
A sample claim chart comparing Gerba to Miller is provided below.

U.S. 7,500,202 (“Gerba”) U.S. Patent No. 5,805,256 (“Miller”)

1.pre. 1. A remote control for
interacting with a navigation system
that allows content presented on a
display device to be navigated in an
organized and categorized fashion, the
remote control comprising:
Miller discloses that “[i]n accordance with the illustrative
embodiments demonstrating features and advantages of the
present invention, there is provided a remote control for
issuing commands to equipment that handles a video or audio
signal.” Miller at col. 2:11-14.

1.a. operational controls located on at Miller discloses the following:

least three sides of the remote control
for selecting content, “Supplemental finger switches 26-32 can also be programmed
to provide various functions. In fact, the operation of these
the controls grouped by navigational switches can be altered by using the above mentioned function
function with a first group placed on a switch 36. Thus individual ones of the switches 26-32 can be
first side of the remote control, a programmed to select certain preset, favorite channels.”
second group placed on a second side Miller at col. 5:60-65.
of the remote control and a third
group placed on a third side of the
remote control,

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NOTE: The sets of switches below disclosed in the ‘256 Patent can be
grouped according to the ff. navigational functions:

Set 1 Keys – channel selection

Set 2 Keys – scanning channels at preset speed

Set 3 Keys – increments or decrements channel

“Referring to FIG. 7, a keypad is shown having five rocker

switches 51-52, 53-54, 55-56, 57-58, and 59-60 mounted in a
depression in the underside of base 14. Each of the five
switches 51-60 are shown as elongated rocker switches that
can be actuated by depressing either end of the rocker.“ Id. at
col. 4:15-19.

“Specific television channels can be selected by using the

keypad on the underside of base 14 (FIG. 7). For example,
channel 52 can be selected by pressing switch end 55 and
switch end 52 followed by depression of the enter key 40.” Id.
at col. 5:51-54.

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“Supplemental finger switches 26-32 can also be

programmed to provide various functions.”

“Still another one of the switches 26-32 can be programmed

to scan through the television channels at a programmed

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1.b. wherein one or more controls
from a given group of the first group,
second group or third group is
operable to be used in conjunction
with one or more controls not
included within the given group;
speed.” Id. at col. 5:65-67 through col. 6:1-2.
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“Thumbswitch 44 (FIG. 1) is programmed so that forward
motion of the thumbswitch 44 increments the television
channel, while rearward motion decrements the television
channels.”
“In some embodiments, thumbswitch 44 can slide right, left,
forward, and backward. Alternatively, the switch may be
mounted on a universal joint to rock right, left, forward, and
backward. Under these circumstances then, effectively four
switches (illustrated further hereinafter) are arranged around
the thumbswitch 44 to be individually actuated in response to
the rocking or sliding motion of the pushbutton 44.” Id. at col.
4:1-8.
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“Mounted on the back of head 12 are a spaced pair of head
switches 34 and 36.” Id. at col. 3:54-55.
“The operation of any switch can be altered by first
pressing (or simultaneously pressing) function switch
36. For example, "function-8" (combination of switches 36 and
58) may be programmed to signify a contrast adjustment for
the television picture.”
Miller discloses that “[t]he operation of any switch can be
altered by first pressing (or simultaneously pressing) function
switch 36. For example, "function-8" (combination of switches
36 and 58) may be programmed to signify a contrast
adjustment for the television picture.” Miller at col. 5:55-59.
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1.c. an infrared transmitter for
transmitting instructions coded as
infrared signals; and
1.d. a programmable controller, the
controller operative to receive an
indication that a control was selected
and instruct the infrared transmitter to
transmit an infrared signal
corresponding to the control selected,
Miller discloses that “[m]ounted at the front edge of head 12 is
a signalling means, shown as a window 42, behind which is
mounted an infrared transmitter (illustrated schematically
hereinafter as a light emitting diode).” Miller at col. 3:59-62.
Miller also discloses that “[d]iode 80 is designed to transmit
infrared light having the pulse waveform dictated by line 76.
Light emitting diode 80 is positioned in head 12 (FIG. 1)
behind window 42.” Id. at col. 5:23-25.
Miller discloses that “…, microprocessor 66 will issue a pulse
sequence defined by the instructions contained in the look-up
table along line 76, which is coupled to driver 78. Driver 78
applies a pulsed, constant current having a pulsed waveform as
suggested by line 76 to light emitting diode 80. Diode 80 is
designed to transmit infrared light having the pulse waveform
dictated by line 76.” Miller at col. 5:18-24.
Miller also discloses that “[m]icroprocessor 66 may be
programmed and may produce pulse coded data in accordance
with known technology; for example, the technology used in
remote controls for television or other electronic devices.” Id.
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1.e. wherein the remote control is
configured to be grasped by one hand
of a user with a thumb of the user in
contact with the first side of the
remote control and one or more
fingers of the user in contact with the
second and third sides of the remote
control.
at. col. 5:1-4.
Miller discloses that “…, the viewer can grasp bar 10 with the
thumb comfortably poised over thumbswitch 44, and the four
other fingers comfortably poised over the finger depressions
18-24. Thus the viewer can change channels and audio volume
by simple thumb motions.” Miller at col. 6:3-7.
Miller also discloses that “[t]he operation of any switch can be
altered by first pressing (or simultaneously pressing) function
switch 36. For example, "function-8" (combination of switches
36 and 58) may be programmed to signify a contrast
adjustment for the television picture.” Id. at col. 5:55-59.
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