`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`SONY COMPUTER ENTERTAINMENT AMERICA LLC
`Petitioner
`
`v.
`
`APLIX IP HOLDINGS CORPORATION
`Patent Owner
`
`____________
`
`Case No. IPR2015-00229
`Patent No. 7,667,692
` ____________
`
`
`
`
`
` PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,667,692
`
`
`
`
`
`
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`
`TABLE OF CONTENTS
`
`TABLE OF CONTENTS  ....................................................................................................................................  1  
`I.  
`INTRODUCTION  ........................................................................................................................................  1  
`II.   SUMMARY OF THE ‘692 PATENT  .......................................................................................................  1  
`A.   DESCRIPTION OF THE ALLEGED INVENTION OF THE ‘692 PATENT  ............................................................  1  
`B.   SUMMARY OF THE PROSECUTION HISTORY OF THE ‘692 PATENT  .................................................................  4  
`III.   REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R. § 42.104  ....................  5  
`A.   GROUNDS FOR STANDING UNDER 37 C.F.R. § 42.104(A)  .................................................................................  5  
`B.  
`IDENTIFICATION OF CHALLENGE UNDER 37 C.F.R. § 42.104(B) AND RELIEF REQUESTED  .................  5  
`1.   The Grounds For Challenge .............................................................................................. 6  
`2.   Claim Construction Under 37 C.F.R. § 42.104(b)(3) .......................................................... 7  
`3.   Level of Skill of a Person Having Ordinary Skill in the Art ................................................ 8  
`IV.   THERE IS A REASONABLE LIKELIHOOD THAT THE CHALLENGED CLAIMS OF
`THE ‘692 PATENT ARE UNPATENTABLE  ...............................................................................................  8  
`A.   LIEBENOW ANTICIPATES CLAIMS 1-3, 5, 7-10, 12, 13, 15-18 AND 20  .............................................................  8  
`B.   LIEBENOW IN VIEW OF ARMSTRONG RENDERS CLAIMS 1-3 AND 5-10 OBVIOUS  ..................................  27  
`C.   LIEBENOW IN VIEW OF HEDBERG RENDERS CLAIMS 1-3, 5, 7-13, 15-20 OBVIOUS  ...............................  30  
`D.   GRIFFIN ANTICIPATES CLAIMS 1, 2, 7-10, 12, 15-18 AND 20  .........................................................................  32  
`E.   GRIFFIN IN VIEW OF ARMSTRONG RENDERS CLAIMS 1, 2, AND 6-10 OBVIOUS  .....................................  45  
`F.   GRIFFIN IN VIEW OF HEDBERG RENDERS CLAIMS 1, 2, 7-12, AND 15-20 OBVIOUS  ..............................  46  
`G.   REKIMOTO ANTICIPATES CLAIMS 1-3, 12, 13, 17; ALTERNATIVELY, REKIMOTO IN VIEW OF
`LIEBENOW RENDERS CLAIMS 1-3, 5, 7-10, 12, 13, 15-18, AND 20 OBVIOUS  .......................................................  47  
`V.   MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(A)(1)  .............................................................  59  
`A.   REAL PARTIES-IN-INTEREST AND RELATED MATTERS  .................................................................................  59  
`B.   LEAD AND BACK-UP COUNSEL UNDER 37 C.F.R. § 42.8(B)(3)  .....................................................................  59  
`C.   PAYMENT OF FEES UNDER 37 C.F.R. § 42.103  ..................................................................................................  60  
`VI.   CONCLUSION  .........................................................................................................................................  60  
`
`
`
`
`
`
`
`
`
`

`

`I.
`
`INTRODUCTION
`
`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`
`Petitioner Sony Computer Entertainment America LLC (“Petitioner”) requests
`
`an Inter Partes Review (“IPR”) of claims 1-3, 5-13, and 15-20 (collectively, the
`
`“Challenged Claims”) of U.S. Patent No. 7,667,692 (“the ‘692 Patent”) issued on
`
`February 23, 2010 to Beth Marcus et al. (“Applicants”). Exhibit 1001, ‘692 Patent.
`
`The alleged invention of the ‘692 Patent relates to a hand-held electronic device
`
`that has two input assemblies, i.e., one assembly on the front side of the device and
`
`another assembly on the back. The Challenged Claims of the ‘692 Patent were allowed
`
`only because the prior art purportedly did not disclose a second input assembly with
`
`an input element that could be selectively mapped to one or more input functions of a
`
`selected application. As this Petition demonstrates, however, there is a wealth of prior
`
`art that discloses precisely this element. For example, one of the references
`
`(Liebenow) discloses a touch sensitive panel on the back side of a hand-held device
`
`that may be defined as keys of a keyboard, and which can be selectively mapped to
`
`different functions. Since the prior art clearly discloses all elements of the Challenged
`
`Claims, this Petition should be granted.
`
`II.
`
`SUMMARY OF THE ‘692 PATENT
`A. Description of the Alleged Invention of the ‘692 Patent
`
`The ‘692 Patent describes user interface and input mechanisms for hand-held
`
`electronic devices, such as cell phones and Personal Digital Assistants (PDAs). See e.g.,
`
`Ex. 1001, at 1:15-21; 7:11-15. The ‘692 Patent specification discloses an electronic
`
`
`
` 1
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`device 100 having embedded software, firmware, or software applications that require
`
`input from the user in order to perform various functions. Id. at 7:15-22, 8:1-18. The
`
`applications may include, for example, word processing, e-mail, or game applications.
`
`Id. at 5:44-54; 7:15-22, 8:1-18. The user provides inputs via input elements such as
`
`keys, buttons, pressure sensor pads, touch pads, or other elements. Id. at 7:59-63; see
`
`also, id. at 9:5-13; 15:12-16. One or more input elements are grouped together in
`
`“input assemblies.” Id. at 7:55-59. In one embodiment, the electronic device has a first
`
`and second input assembly with each input assembly having associated input
`
`elements. Id. at 8:47-63; Figs. 3A-3B. The electronic device also includes an input
`
`controller 216 that receives electronic signals from the input elements associated with
`
`input assemblies 206 and 208 and converts them “into a form suitable to be received
`
`and interpreted by processor 104.” Id. at 7:63-67; see also, id. at Fig. 2. A processor 104
`
`subsequently interprets the signals output by the input controller 216 as specific input
`
`commands for a particular application. Id. at 7:66-8:16. For example, if a text
`
`application is running, then the input controller may map a key input to a particular
`
`character, or if a game application is running, then the key input may be mapped to a
`
`particular game function. Id. The input controller 216 also may map one or more of
`
`the input elements to functions specific to a particular application. Id. at 8:8-26. The
`
`input functions of input elements may change depending on the application that is
`
`being executed. Id.
`
`The ‘692 Patent discloses arranging the input assemblies in a way that increases
`
`
`
` 2
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`data input efficiency based on thumb-finger opposition arrangement of the human
`
`user's hand. For example, in one disclosed embodiment, the first input assembly 340,
`
`which includes input elements such as keys or buttons 342 to be actuated by the user’s
`
`thumbs, is located on the front-side surface of the device 312 and the second input
`
`assembly 350, which includes input elements such as a pressure sensor pad 354 to be
`
`actuated by the user’s fingers, is located on the back-side surface of the device 314:
`
`Id. at Figs. 3A, 3B.
`
`
`
`The pressure sensor pad 354 on the back-side surface 314 is divided into one
`
`or more “delineated active areas,” which may be utilized for different programmable
`
`functions depending on the selected application. Id. at 9:24-40; Fig. 3d. The ‘692
`
`Patent specification discloses that an active area can be “delineated” either because it
`
`is physically delineated from other active areas (e.g., the areas physically appear as
`
`rectangular, oblong, or other shapes) or the user is able to use their fingers to tactilely
`
`discriminate between the delineated active areas. Id. at 9:27-10:9.
`
`
`
` 3
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`Summary of the Prosecution History of the ‘692 Patent
`
`B.
`
`The U.S. Patent Application that resulted in the ‘692 Patent was filed on
`
`December 5, 2008 including 21 as-filed claims. See Exhibit 1002, ‘692 Patent File History
`
`at pp. 313-366. The ‘692 Patent is a continuation of U.S. Application No. 11/747,863,
`
`which was filed on May 11, 2007, now U.S. Patent No. 7,463,245, which is a
`
`continuation of U.S. Application No. 10/669,555, which was filed on October 31,
`
`2003, now U.S. Patent No. 7,218,313. Thus, Petitioner is assuming that the priority
`
`date for the Challenged Claims is October 31, 2003. The USPTO issued a non-final
`
`office action on March 5, 2009 rejecting as-filed claims 1, 2, 7-12 and 16-21 under 35
`
`U.S.C. §102(e) as being anticipated by U.S. Patent No. 6,947,028 to Shkolnikov
`
`(“Shkolnikov”), and the remaining dependent claims were rejected over Shkolnikov in
`
`view of other prior art references. Id. at pp. 246-254. In an amendment dated
`
`September 2, 2009, the Applicants cancelled all pending claims and added claims 22-
`
`41. Id. at pp. 226-233. Applicants argued that in contrast to the newly added claims,
`
`“Shkolnikov teaches an embodiment of the selection device 36 is a touch pad with
`
`multiple contacts, such that when a user presses near a corner of the pad or in the
`
`middle of the pad the pressure is detected by one of the contacts.” Id. at p. 231.
`
`The USPTO issued a notice of allowance on October 1, 2009 allowing all of
`
`the pending claims in response to the Applicants’ amendments and remarks made in
`
`the Amendment dated September 2, 2009. Id. at pp. 36-41. Regarding the reasons for
`
`allowance, the only allowable feature identified by the Examiner was the following:
`
`
`
` 4
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`In claims 22 and 33, “selectively disposing on a second surface a
`
`second input assembly having one or more input elements
`
`configured to be manipulated by one or more of the human user’s
`
`fingers, wherein at least one of the input elements of the second
`
`input assembly is further configured to selectively map to one or
`
`more of the
`
`input functions associated with the selected
`
`application.”
`
`Id. at p. 40 (emphasis in original). The ‘692 Patent subsequently issued on February
`
`23, 2010. Ex. 1001.
`
`III. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37
`C.F.R. § 42.104
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a)
`
`Petitioner certifies that the ‘692 Patent is available for IPR and that the
`
`Petitioner is not barred or estopped from requesting IPR challenging the claims of the
`
`‘692 Patent. Specifically, Petitioner states: (1) Petitioner is not the owner of the ‘692
`
`Patent; (2) Petitioner has not filed a civil action challenging the validity of any claim of
`
`the ‘692 Patent; and (3) this Petition is filed less than one year after the Petitioner was
`
`served with a complaint alleging infringement of the ‘692 Patent.
`
`B.
`
`Identification of Challenge Under 37 C.F.R. § 42.104(b) and Relief
`Requested
`
`In view of the prior art, evidence, and claims charts, claims 1-3, 5-13, and 15-20
`
`of the ‘692 Patent are unpatentable and should be cancelled. 37 C.F.R. § 42.104(b)(1).
`
`
`
` 5
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`
`The Grounds For Challenge
`
`1.
`
`Based on the prior art references identified below, IPR of the Challenged
`
`Claims should be granted. 37 C.F.R. § 42.104(b)(2).
`
`Proposed Statutory Rejections for the ‘692 Patent
`
`Claims 1-3, 5, 7-10, 12, 13, 15-18 and 20 are anticipated under
`§102(b) by U.S. Patent Application Publication No. 2002/0118175 to
`Liebenow et al. (“Liebenow”).
`Claims 1-3 and 5-10 are obvious under § 103(a) over Liebenow in
`view of U.S. Patent No. 6,469,691 to Armstrong (“Armstrong”)
`Claims 1-3, 5, 7-13, 15-20 are obvious under § 103(a) over Liebenow
`in view of WO 1999/18495 to Hedberg (“Hedberg”).
`Claims 1, 2, 7-10, 12, 15-18 and 20 are anticipated under §§102(a)
`and (e) by U.S. Patent Application Publication No. 2003/0020692 to
`Griffin et al. (“Griffin”).
`Claims 1, 2, and 6-10 are obvious under § 103(a) over Griffin in view
`of Armstrong
`Claims 1, 2, 7-12, and 15-20 are obvious under § 103(a) over Griffin
`in view of Hedberg.
`Claims 1-3, 12, 13, and 17 are anticipated under § 102(e) by U.S.
`Patent No. 7,088,342 to Rekimoto et al. (“Rekimoto”).
`Claims 1-3, 5, 7-10, 12, 13, 15-18, and 20 are obvious under § 103(a)
`over Rekimoto in view of Liebenow.
`
`Reference
`Exhibit No.
`
`1003
`
`1003 and
`1004
`
`1003 and
`1005
`
`1006
`
`1006 and
`1004
`
`1006 and
`1005
`
`1007
`
`1007 and
`1003
`
`
`Section IV identifies where each element of the Challenged Claims is found in the
`
`prior art patents. 37 C.F.R. § 42.104(b)(4). The exhibit numbers of the supporting
`
`
`
` 6
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`evidence relied upon to support the challenges are provided above and the relevance
`
`of the evidence to the challenges raised are provided in Section IV. 37 C.F.R.
`
`§ 42.104(b)(5). Exhibits 1001 – 1020 are also attached.
`
`2.
`
`Claim Construction Under 37 C.F.R. § 42.104(b)(3)
`
`In this proceeding, claim terms should be given their broadest reasonable
`
`interpretations consistent with the specification (which may be different from the
`
`constructions in court). 37 C.F.R. § 42.100(b). Adherence to the rules of construction
`
`is not a waiver of any argument, in any litigation, that claim terms in the ‘692 Patent
`
`should not be construed differently or are otherwise invalid (including under 35
`
`U.S.C. § 112).
`
`
`
`Claims 3 and 13 require the sensor pad to have “more than one delineated
`
`active area.” To assist the user in locating where the delineated areas of the pad are
`
`positioned, the active areas of the sensor pad are delineated from each other in several
`
`different ways. First, they can be delineated by physically depicting the areas to the
`
`user (e.g., Ex. 1001 at 9:62-10:1). In one example, delineated active areas include
`
`oblong shaped buttons (see id. at elements 372 of Fig. 3d, labeled 1-5, 9:24-40).
`
`Alternatively, the active areas can be physically depicted on the display of the
`
`handheld device in order to assist the user in locating the different active areas of the
`
`pad. Id. at 10:1-7. Second, the active areas may be delineated tactilely. For example,
`
`the ‘692 Patent specification discloses that a pressure sensor pad may include a shape
`
`changing media or a shape memory metal array, which allow the user to tactilely
`
`
`
` 7
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`discriminate between the one or more delineated active areas with their fingers. Id. at
`
`9:62-10:1. Thus, under the broadest reasonable interpretation “delineated active areas”
`
`must at least include areas that are differentiated from each other either physically or
`
`tactilely to assist the user in locating the position on the sensor pad of the active areas.
`
`3.
`
`Level of Skill of a Person Having Ordinary Skill in the Art
`
`A person having ordinary skill in the art at the time of the ‘692 Patent would be
`
`a person with (1) an undergraduate degree in computer science, computer
`
`engineering, electrical engineering, or similar technical fields; (2) a working knowledge
`
`of computers - including handheld computing devices, and their processing, storage,
`
`hardware—including input devices, and software; (3) two to four years of experience
`
`(or, with a graduate degree in the above-stated fields, one to two years of experience)
`
`with designing and developing human-computer interfaces and the associated
`
`technologies. See Exhibit 1008, Welch Declaration, at ¶ 37.
`
`IV. THERE IS A REASONABLE LIKELIHOOD THAT THE
`CHALLENGED CLAIMS OF THE ‘692 PATENT ARE
`UNPATENTABLE
`A.
`
`Liebenow Anticipates Claims 1-3, 5, 7-10, 12, 13, 15-18 and 20
`
`U.S. Patent Application Publication No. 2002/0118175 to Liebenow et al.
`
`(“Liebenow”) was published on August 29, 2002 and therefore qualifies as prior art
`
`with regard to the ‘692 Patent under 35 U.S.C. § 102(b). Ex. 1003, Liebenow. The
`
`Liebenow issued patent (i.e., U.S. 6,909,424) was one of hundreds of prior art
`
`references cited by Applicants during prosecution of the ‘692 Patent. Ex. 1001 at
`
`
`
` 8
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`References Cited. However, it was never used to reject any of the claims during
`
`prosecution and there was never any discussion of this reference by the Applicants or
`
`the Examiner. See Section II.B.
`
`Liebenow discloses a “handheld digital information appliance,” such as a PDA,
`
`having a front surface with a display and keys to be manipulated by the user’s thumbs
`
`and a back surface with keypads or touch panels to be manipulated by the user’s
`
`fingers. Ex. 1003 at Abstract, [0002], [0026]-[0027], [0031], [0033], [0036], Figs, 1, 3, 4,
`
`6, 7, 10, 11. The touch panels on the back surface have areas “defined as keys of a
`
`keyboard so that a user touching the panel within such an area would accomplish an
`
`actuation of the key.” Id. at [0036]. The information appliance runs applications such
`
`as word processing, web browsing, and spreadsheet applications. Id. at [0051], [0069],
`
`Figs. 15, 16. Unique key layouts of the back touch panels can be defined for each
`
`application. Id. at [0036]. Each application-specific key layout includes keys that map
`
`to input functions of the application. For instance, a calculator application has a key
`
`layout
`
`including numeric and mathematical operator keys
`
`for performing
`
`mathematical functions, and a word processing application has a key layout including
`
`letter, number, and symbol keys for performing data input functions. Id. at [0036];
`
`Figs. 15, 16.
`
`The ‘692 Patent similarly discloses “[w]hen a text application (e.g., e-mail, word
`
`processing, or text messaging) is running on the electronic device, the elements of the
`
`first and/or second input assembly may be associated with data input keys.” Ex. 1001
`
`
`
` 9
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`at 5:46-50. Thus, Liebenow discloses the allegedly patentable feature of “selectively
`
`disposing on a second surface a second input assembly having one or more input
`
`elements configured to be manipulated by one or more of the human user’s fingers,
`
`wherein at least one of the input elements of the second input assembly is further
`
`configured to selectively map to one or more of the input functions associated with
`
`the selected application.” Liebenow discloses every limitation of claims 1-3, 5, 7-10,
`
`12, 13, 15-18 and 20 and these claims should be rejected under § 102(b).
`
`Anticipated by Liebenow (Ex. 1003)
`Liebenow embodies a method for configuring a human interface
`and input system for use with a host hand-held digital information
`appliance 100. The hand-held device
`is configured to run
`applications such as a word processing and calculator applications,
`for example. The applications are associated with multiple input
`functions. As shown in Figure 16 below, the calculator application
`is associated with mathematical input functions, including addition,
`subtraction, multiplication, etc. The information appliance also
`connects to remote devices, including host systems, via a network
`interface.
`
`“The digital information appliance 100 is comprised of a housing
`102 sized and shaped to be held by a user in both hands.” Ex.
`1003 at [0025].
`
`Claims
`1. A method for
`configuring
`a
`human interface
`and input system
`for use with a
`host hand-held
`electronic device
`configured
`to
`run applications,
`wherein at least
`one
`of
`the
`applications
`is
`associated with
`multiple
`input
`functions,
`the
`method
`comprising:
`
`
`
` 10
`
`
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`
`Id. at Fig. 1.
`
`
`
`Id. at Fig. 16
`
`“One or more keys 162, 164 & 166 may be positioned within one
`or both cavities 160 so the user may actuate, e.g., depress and
`release, them using his or her thumb(s). In embodiments of the
`invention, these keys 162, 164 & 166 may function as keys of a
`conventional QWERTY keyboard that are normally actuated by
`the thumbs such as the “space bar”, as combination function keys
`(e.g., “Ctrl”, “Alt”, “Shift”, etc.), as a conventional “ENTER” key
`to accept or execute entry of information inputted or typed via the
`keyboard 132, in conjunction with a cursor control device such as
`cursor control stick 158 (FIG. 2) to emulate the buttons of a
`conventional computer mouse, or may provide application
`specified or user defined functions.” Id. at [0034] (emphasis
`added).
`
`“In an exemplary embodiment of the invention, key function and
`placement may be adapted to fit the requirements of the
`application being executed by the digital
`information
`appliance or the needs of the user. For instance, a user may prefer
`that the keys emulated by a touch sensitive panel, such as the touch
`sensitive panels 140 & 240 shown in FIGS. 3 and 9, be arranged in
`a Dvorak keyboard configuration instead of the more conventional
`QWERTY keyboard configuration. Alternately, the user may
`create a personalized key configuration or simply arrange the keys
`in alphabetical order. Likewise, an application executed by the
`digital information appliance 700 may utilize a characteristic key
`configuration. Such a key configuration may, for example, utilize
`keys having functions unique to the application. As shown in
`
`
`
` 11
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`FIGS. 12 and 13, indicia 702 displayed on the display 708 may be
`altered to correspond to the key configuration being utilized
`thereby aiding the user in determining the key configuration and in
`locating keys of the input device. For instance, as shown in FIG.
`15, wherein a word processing application is executed, a
`conventional QWERTY keyboard configuration may be utilized.
`Thus, indicia 702 employing key representations 704 arranged in a
`divided QWERTY keyboard (as shown in FIG. 2) may be
`displayed to the user. Similarly, as shown in FIG. 16, wherein a
`mathematics based application (e.g., a calculator application,
`a spreadsheet application, etc.) is executed, a calculator keypad
`key configuration may be utilized. Indicia 702 employing key
`representations 704 arranged in a calculator keypad (as shown in
`FIG. 8) may be displayed to the user.” Id. at [0069] (emphasis
`added).
`
`“The digital information appliance 500 further includes a network
`interface 506. The network interface 506 communicates between
`the digital information appliance 500 and a remote device, such as
`external devices, networks, information sources, or host systems
`that administer a plurality of digital information appliances and/or
`information handling systems.” Id. at [0060]; see also, id. at [0036],
`[0044], [0048], [0056], [0066], Figs. 13, 15.
`Liebenow discloses selectively disposing on a front surface
`104/304 (i.e., “first surface”) of the housing 102 a touch-sensitive
`panel 118 and/or one or more keys 146, 148, 150, 152, 154, 156,
`312 (i.e., “a first input assembly having input elements”) that are
`configured to receive input though user manipulation.
`
`“A touch-sensitive panel (e.g., a touch-screen) 118 may overlay the
`display 116 for touch or pen input (via a pen or stylus 120) of
`information and data. Preferably, the touch sensitive panel overlay
`118 is substantially transparent to allow information displayed via
`the display 116 to be viewed by the user.” Id. at [0026].
`
`“As shown in FIGS. 1, 3 and 4, one or more keys 146, 148, 150,
`152, 154 & 156 may be mounted on the front surface 104 of the
`housing 102 so as to be actuated, e.g., depressed and released, by
`the thumbs of the user's left and right hands 122 & 124.” Id. at
`[0033].
`
`[1(a)(i)]
`selectively
`disposing on a
`first surface of
`the system a first
`input
`assembly
`having
`input
`elements
`to
`configured
`input
`receive
`from a human
`user
`through
`manipulation of
`the
`input
`elements,
`
`
`
` 12
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`
`
`
`Id. at Fig. 1.
`
`“During use, the digital information appliance 300 may be held by
`the user in his or her hand so the display 314 mounted on the front
`surface 304 is faced upward and viewable by the user, as shown in
`FIG. 10. The thumb 310 of the user's hand is extended though the
`aperture 308 thereby aiding the user in supporting the digital
`information appliance 300 with one hand and allowing the user to
`actuate keys 312. . . . In an exemplary embodiment, the digital
`information appliance 300 may be configured for use with an
`information network such as the Internet. In such an embodiment,
`keys 312 may provide browsing functions for browsing content
`pages within the network such as “Back” and “Forward” for
`navigating among content pages, “Stop” for stopping the display
`of incoming content, “Refresh” for reloading a content page,
`“Home” for returning to a home page from a content page, and
`the like, “Search” for invoking a network search engine, and the
`like.” Id. at [0051]; see also, id. at Figs. 3-4, 6, 10.
`Liebenow discloses that keys 146, 148, 150, 152, 154, and 156
`(“input elements of the first input assembly”) may be mapped to
`input functions associated with a selected application. For
`example, “one or more of the keys may correspond to the keys of
`a conventional QWERTY keyboard that are normally actuated by
`the thumbs” to perform the “Space Bar,” “Ctrl,” “Alt,” or “Shift”
`input functions associated with the word processing application. Id.
`at [0033]. Similarly, keys 312 may be configured to map to input
`functions associated with a web browser application.
`
`“As shown in FIGS. 1, 3 and 4, one or more keys 146, 148, 150,
`
`[1(a)(ii)] wherein
`at least one of
`the
`input
`elements of the
`first
`input
`assembly
`is
`further
`to
`configured
`map to one or
`more of
`the
`input
`functions
`
`
`
` 13
`
`

`

`associated with a
`selected one of
`the applications;
`
`[1(b)(i)]
`selectively
`disposing on a
`second surface a
`second
`input
`assembly having
`one or more
`input
`elements
`configured to be
`manipulated by
`one or more of
`the human user's
`fingers,
`
`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`152, 154 & 156 may be mounted on the front surface 104 of the
`housing 102 so as to be actuated, e.g., depressed and released, by
`the thumbs of the user's left and right hands 122 & 124. In an
`exemplary embodiment, one or more of the keys may correspond
`to the keys of a conventional QWERTY keyboard that are
`normally actuated by the thumbs. For instance, keys 146 & 148
`may provide the ‘space bar’ for keyboard 132. Similarly, other front
`surface mounted keys 150, 152, 154 & 156 may act as combination
`function keys (e.g., ‘Ctrl’, ‘Alt’, ‘Shift’, etc.). Such keys provide a
`function when depressed in conjunction with another key of the
`keyboard.” Id. at [0033].
`
`“In an exemplary embodiment, the digital information appliance
`300 may be configured for use with an information network such
`as the Internet. In such an embodiment, keys 312 may provide
`browsing functions for browsing content pages within the network
`such as ‘Back’ and ‘Forward’ for navigating among content pages,
`‘Stop’ for stopping the display of incoming content, ‘Refresh’ for
`reloading a content page, ‘Home’ for returning to a home page
`from a content page, and the like, ‘Search’ for invoking a network
`search engine, and the like.” Id. at [0051]; see also, id. at [0035]; Figs.
`1, 3, 4, 6, 10.
`Liebenow discloses selectively disposing an input device 130/320
`having a keyboard 132 with a plurality of keys 134, a cursor control
`device such as a touchpad, and/or touch sensitive panels 140 (i.e.
`“second input assembly having one or more input elements”) on
`the back surface 106 (i.e., “second surface”). As shown by Figure
`3, the user’s fingers manipulate the input device 130/320.
`
`“A digital information appliance comprises a housing having a
`display disposed on a first surface for displaying information to a
`user of the digital information appliance and an input device
`disposed on a second surface opposed to the first surface for
`imputing information. The input device is oriented with
`respect to the display so as to be operable by the fingers of
`the user's hand for input of information while holding the
`housing so the display is viewable.” Id. at Abstract (emphasis
`added).
`
`“An input device 130 is positioned on the housing's back surface
`106 for entry of information via keyed input. The input device 130
`
`
`
` 14
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`is preferably oriented with respect to the display 116 so as to be
`operable by the fingers of the user's hands 122 & 124 while
`holding the digital information appliance 100 so the display 116
`may be viewed (e.g., while holding the housing in the position
`shown in FIG. 1).
`Turning now to FIGS. 2, 3 and 4, the input device 130 may be
`comprised of a keyboard 132 having a plurality of keys 134
`generally arranged according to a standardized key configuration.
`As shown in FIG. 2, the keys 134 of the keyboard 132 may be
`divided into left and right key ranges 136 & 138 positioned
`adjacent to the left and right side surfaces 108 & 110, respectively,
`of the housing 102. In this manner, the fingers of the user's left
`and right hands 122 & 124 may be positioned over the keys 134 of
`each key range 136 & 138 in a manner allowing the user of
`conventional touch-typing techniques.” Id. at [0029]-[0030].
`
`
`
`Id. at Fig. 3.
`
`“The digital information appliance may further include a cursor
`control device such as a cursor control stick, touchpad, trackball,
`microball, or the like. The cursor control device is preferably
`disposed on the back surface 106 of the digital information
`appliance's housing 102 so that it may be operably controlled by
`the user's fingertip.” Id. at [0032].
`
`“Turning now to FIG. 5, an exemplary input device 130 may
`alternately be comprised of one or more touch sensitive panels
`140. Areas of the touch sensitive panel 140 may be defined as keys
`of a keyboard so that a user touching the panel within such an area
`would accomplish an actuation of the key. In this manner, the
`touch sensitive panels may emulate an electromechanical keyboard
`such as keyboard 132 shown in FIG. 2.” Id. at [0036].
`
`“As shown in FIG. 11, an input device 320 is positioned on the
`
`
`
` 15
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,667,692
`back surface 306 of the housing 302 and oriented with respect to
`the display 314 so as to be operable while the user is holding the
`housing 302 so the display 314 may be viewed (e.g., while holding
`the housing 302 in the position shown in FIG. 10). In an
`exemplary embodiment, the input device 320 may be comprised of
`a keypad 322 having a plurality of alphanumeric and/or function
`keys 324 that may be actuated by the user, i.e., depressed and
`released, for entering information into the digital information
`appliance 300. Preferably, these keys 324 are oriented so the user
`may enter information in an inverted orientation (i.e., while the
`digital information 300 appliance is held in the position shown in
`FIG. 10). For instance, as shown in FIG. 11, the keys 324 of
`keypad 322 may be arranged in a semicircular or fan shape so they
`may be reached by the fingers of the user's hand while holding the
`digital information appliance 300 as shown in FIG. 10.” Id. at
`[0047]; see also, id. at [0031], [0048]; Figs. 1-5, 11.
`Liebenow discloses the touch sensitive panels 140 of the input
`device 130 may be selectively mapped to selected keys of a
`keyboard. Each application may have a specific key configuration
`mapped to it. As shown in Figure 16, for example