`
`
`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. IPR2015-00230
`Patent No. 7,463,245
` ____________
`
`
`
`
`
` PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,463,245
`
`
`
`
`
`
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`
`TABLE OF CONTENTS
`
`TABLE OF CONTENTS  ....................................................................................................................................  1  
`I.  
`INTRODUCTION  ........................................................................................................................................  1  
`II.   SUMMARY OF THE ‘245 PATENT  .......................................................................................................  1  
`A.   DESCRIPTION OF THE ALLEGED INVENTION OF THE ‘245 PATENT  ............................................................  1  
`B.   SUMMARY OF THE PROSECUTION HISTORY OF THE ‘245 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  .................  6  
`1.   The Grounds For Challenge .............................................................................................. 6  
`2.   Claim Construction Under 37 C.F.R. § 42.104(b)(3) .......................................................... 7  
`   “delineated active area” ................................................................................................ 8  
`(a)   “the input element and the touch sensing input element are communicatively coupled
`to a host device” .................................................................................................................. 8  
`3.   Level of Skill of a Person Having Ordinary Skill in the Art ................................................ 9  
`IV.   THERE IS A REASONABLE LIKELIHOOD THAT THE CHALLENGED CLAIMS OF
`THE ‘245 PATENT ARE UNPATENTABLE  ............................................................................................  10  
`A.   LIEBENOW ANTICIPATES CLAIMS 1, 7, 10-12, 17 AND 20  ...............................................................................  10  
`B.   LIEBENOW  IN  VIEW  OF  ANDREWS  RENDERS  CLAIMS  1-­‐5,  7,  10-­‐15,  17  AND  20  OBVIOUS  ..........................  24  
`C.   LIEBENOW  IN  VIEW  OF  HEDBERG  RENDERS  CLAIMS  1,  7-­‐12  AND  17-­‐20  OBVIOUS  .......................................  28  
`D.   LIEBENOW  IN  VIEW  OF  MARTIN  RENDERS  CLAIMS  1,  6,  7  AND  10-­‐11  OBVIOUS  ............................................  30  
`E.   GRIFFIN  IN  VIEW  OF  LIEBENOW  RENDERS  CLAIMS  1,  10,  12,  16  AND  20  OBVIOUS  .......................................  32  
`F.   GRIFFIN  IN  VIEW  OF  LIEBENOW  IN  FURTHER  VIEW  OF  ANDREWS  RENDERS  CLAIMS  1-­‐5,  10,  12-­‐16  AND  20  
`OBVIOUS  ...................................................................................................................................................................................  41  
`G.   PALLAKOFF IN VIEW OF REKIMOTO RENDERS CLAIMS 1, 10, 12, 16 AND 20 OBVIOUS  .......................  43  
`H.   PALLAKOFF  IN  VIEW  OF  REKIMOTO  IN  FURTHER  VIEW  OF  ANDREWS  RENDERS  CLAIMS  1-­‐5,  10,  12-­‐16  
`AND  20  OBVIOUS  ....................................................................................................................................................................  57  
`V.   MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(A)(1)  .............................................................  58  
`A.   REAL PARTIES-IN-INTEREST AND RELATED MATTERS  .................................................................................  58  
`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  ..................................................................................................  59  
`VI.   CONCLUSION  .........................................................................................................................................  60  
`
`
`
`
`
`(b)
`
`
`
`
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`
`I.
`
`INTRODUCTION
`
`Petitioner, Sony Computer Entertainment America LLC, requests an Inter Partes
`
`Review (“IPR”) of claims 1-20 (collectively, the “Challenged Claims”) of U.S. Patent
`
`No. 7,463,245 (“the ‘245 Patent”) issued on December 9, 2008 to Beth Marcus et al.
`
`(“Applicants”). Exhibit 1001, ‘245 Patent. The alleged invention of the ‘245 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 ‘245 Patent were allowed only because the prior art
`
`purportedly did not disclose a back input assembly including a sensor pad divided into
`
`at least two “delineated active areas” that are mapped to functions of a selected
`
`application. Infra. 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 each of which can be mapped to a different
`
`function of a selected application. Since the prior art clearly discloses all elements of
`
`the Challenged Claims, this Petition should be granted.
`
`II.
`
`SUMMARY OF THE ‘245 PATENT
`A. Description of the Alleged Invention of the ‘245 Patent
`
`The ‘245 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 1:13-19; 7:7-11. Specifically, the ‘245 Patent discloses an electronic device
`
`
`
` 1
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`100 having embedded software, firmware, or software applications that require input
`
`from the user in order to perform various functions. Id. at 7:12-18, 7:63-8:13. The
`
`applications may include, for example, word processing, e-mail, or game applications.
`
`Id. at 5:40-50; 7:12-18, 7:63-8:13. The user provides inputs via input elements such as
`
`keys, buttons, pressure sensor pads, touch pads, rotary sensors, directional pads, or
`
`etc. Id. at 7:54-58; see also, id. at 9:1-9; 15:6-10. One or more input elements are
`
`grouped together in “input assemblies.” Id. at 7:50-54. In one embodiment, the
`
`electronic device has a first and second input assembly with each input assembly
`
`having associated input elements. Id. at 8:43-58; 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 7:58-62; 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 7:63-8:13.
`
`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 8:3-22. Additionally, the input functions of input elements may
`
`change depending on the application that is being executed. Id.
`
`The ‘245 Patent discloses arranging the input assemblies in a way that increases
`
`
`
` 2
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`data input efficiency. To accomplish this, the ‘245 Patent discloses that the first and
`
`second input assemblies are placed on the device so that they take advantage of “the
`
`biomechanics of the human hand.” Id. at 10:6-16. In one disclosed embodiment that
`
`purportedly utilizes “the biomechanics of the human hand”, 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 configured in the software to
`
`correspond to different programmable functions depending on the selected
`
`application. Id. at 9:20-36; Fig. 3d. The ‘245 Patent specification discloses that an
`
`active area can be “delineated” either because it is physically or tactilely delineated
`
`from other active areas. Id. at 9:20 -10:5.
`
`
`
` 3
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`Summary of the Prosecution History of the ‘245 Patent
`
`B.
`
`The U.S. Patent Application that resulted in the ‘245 Patent was filed on May
`
`11, 2007 as 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). Ex. 1001. Thus, Petitioner is
`
`assuming that the priority date for the Challenged Claims is October 31, 2003. The as-
`
`filed application included 21 claims. See Exhibit 1002, ‘245 Patent File History at pp. 242-
`
`245. The USPTO issued a non-final office action on November 16, 2007 rejecting
`
`claims 1, 2, 7-12 and 16-21 as being anticipated by U.S. Patent No. 6,947,028 to
`
`Shkolnikov (“Shkolnikov”). Id. at pp. 186-188. The additional dependent claims were
`
`rejected over combinations of Shkolnikov in view of various other references. Id. at
`
`pp. 188-190. In an amendment dated May 16, 2008, the Applicants amended pending
`
`independent claims 1 and 11 to include variations of the following limitation:
`
`a second surface including at least a second input element having a
`
`sensor pad comprising a selectively configurable sensing surface that
`
`provides more than one delineated active area based on the selected
`
`application, wherein at least a first delineated active area is mapped to a
`
`second function of the selected application and a second delineated
`
`active area is mapped to a third function of the selected application . . . .
`
`Id. at pp. 159-163 (emphasis in original). Regarding the rejections, the Applicants
`
`argued, “Shkolnikov does not teach or suggest a touch pad that has a selectively
`
`configurable sensing surface that provides more than one delineated active area based
`
`
`
` 4
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`on the selected application. To the contrary, the touch pad disclosed in Shkolnikov
`
`has one active area that outputs a pressure detected by any of the contacts . . . .” Id. at
`
`pp. 164-165. The USPTO issued a notice of allowance on July 25, 2008 allowing all of
`
`the pending claims in response to the Applicants’ amendments and remarks made in
`
`the Amendment dated May 16, 2008:
`
`Claims 1, 3-11 and 13-22 are allowable since certain key features of the
`
`claimed invention are not taught or fairly suggested by the prior art. In
`
`claims 1 and 11, “a selectively configurable sensing surface that
`
`provides more than one delineated active area based on the
`
`selected application, wherein at least a first delineated active area
`
`is mapped to a second function of the selected application and a
`
`second delineated active area is mapped to a third function of the
`
`selected application”.
`
`Id. at pp. 130-132 (emphasis in original). The ‘245 Patent subsequently issued on
`
`December 9, 2008. 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 ‘245 Patent is available for IPR and that the
`
`Petitioner is not barred or estopped from requesting IPR challenging the claims of the
`
`‘245 Patent. Specifically, Petitioner states: (1) Petitioner is not the owner of the ‘245
`
`
`
` 5
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`Patent; (2) Petitioner has not filed a civil action challenging the validity of any claim of
`
`the ‘245 Patent; and (3) this Petition is filed less than one year after the Petitioner was
`
`served with a complaint alleging infringement of the ‘245 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 1-20 of the ‘245
`
`Patent are unpatentable and should be cancelled. 37 C.F.R. § 42.104(b)(1).
`
`1.
`
`The Grounds For Challenge
`
`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 ‘245 Patent
`
`Claims 1, 7, 10-12, 17 and 20 are anticipated under §102(b) by U.S.
`Patent Application Publication No. 2002/0118175 to Liebenow et al.
`(“Liebenow”)
`Claims 1-5, 7, 10-15, 17 and 20 are obvious under § 103(a) over
`Liebenow in view of WO 2000/59594 to Andrews et al. (“Andrews”).
`Claims 1, 7-12 and 17-20 are obvious under § 103(a) over Liebenow
`in view of WO 1999/18495 to Hedberg (“Hedberg”).
`Claims 1, 6, 7 and 10-11 are obvious under § 103(a) over Liebenow in
`view of U.S. Patent No. 7,336,260 to Martin et al. (“Martin”).
`Claims 1, 10, 12, 16 and 20 are obvious under § 103(a) over U.S.
`Patent Application Publication No. 2003/0020692 to Griffin et al.
`(“Griffin”) in view of Liebenow.
`
`Reference
`Exhibit No.
`
`1003
`
`1003 and
`1004
`
`1003 and
`1005
`
`1003 and
`1006
`
`1007 and
`1003
`
`
`
` 6
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`Proposed Statutory Rejections for the ‘245 Patent
`Reference
`Exhibit No.
`1007, 1003
`and 1004
`
`Claims 1-5, 10, 12-16 and 20 are obvious under § 103(a) over Griffin
`in view of Liebenow in further view of Andrews.
`Claims 1, 10, 12, 16 and 20 are obvious under § 103(a) over U.S.
`Patent Publication No. 2002/0163504 to Pallakoff (“Pallakoff”) in
`view of U.S. Patent No. 7,088,342 to Rekimoto et al. (“Rekimoto”).
`Claims 1-5, 10, 12-16 and 20 are obvious under § 103(a) over
`Pallakoff in view of Rekimoto in further view of Andrews.
`
`1008 and
`1009
`
`1008, 1009,
`and 1004
`
`
`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
`
`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 – 1022 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 ‘245 Patent
`
`should not be construed differently or are otherwise invalid (including under 35
`
`U.S.C. § 112).
`
`
`
` 7
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`
`
`(a)
`
` “delineated active area”
`
`
`
`Claims 1 and 12 require the sensor pad to have “more than one delineated
`
`active area.” Claim 11 similarly requires a “first delineated active area” and a “second
`
`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 different ways. First, they can be delineated by physically depicting the areas to the
`
`user (e.g., Ex. 1001 at 9:58-64). In one example, delineated active areas include oblong
`
`shaped buttons (see id. at elements 372 of Fig. 3d, labeled 1-5; 9:20-36). 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 9:64-
`
`10:3. Second, the active areas may be delineated tactilely. For example, the ‘245 Patent
`
`specification also discloses that a pressure sensor pad may include a shape changing
`
`media or a shape memory metal array, which allow the user to tactilely discriminate
`
`between the one or more delineated active areas with their fingers. Id. at 9:58-64.
`
`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.
`
` “the input element and the touch sensing input element are
`(b)
`communicatively coupled to a host device”
`
`
`
`Claim 17 requires that “the input element and the touch sensing input element
`
`are communicatively coupled to a host device.” The ‘245 Patent discloses that the
`
`
`
` 8
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`hand-held electronic device 800 may be coupled to a host computer 824 via a network
`
`link 820. Ex. 1001 at 13:46-49; see also, id. at Fig. 8. Further, the ‘245 Patent discloses,
`
`“[n]etwork link 820 typically provides data communication through one or more
`
`networks to other devices. For example, network link 820 may provide a connection
`
`through local network 822 to a host computer 824 or to data equipment operated by
`
`an Internet Service Provider (ISP) 826. ” Id. at 13:50-53. However, the ‘245 Patent
`
`specification does not disclose coupling of any particular “input element” or “touch
`
`sensing input element” of the hand-held electronic device to a “host device” other
`
`than the coupling of the hand-held electronic device itself to a host device over a
`
`network. Thus, Petitioner proposes that the broadest reasonable interpretation of “the
`
`input element and the touch sensing input element are communicatively coupled to a
`
`host device” must at least include the instance where the handheld electronic device is
`
`connected to a host device over a network, and this is the only coupling between the
`
`input elements and the host device.
`
`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 ‘245 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)
`
`
`
` 9
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`with designing and developing human-computer interfaces and the associated
`
`technologies. Ex. 1010, Welch Declaration, at ¶ 36.
`
`IV. THERE IS A REASONABLE LIKELIHOOD THAT THE
`CHALLENGED CLAIMS OF THE ‘245 PATENT ARE
`UNPATENTABLE
`A.
`
`Liebenow Anticipates Claims 1, 7, 10-12, 17 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 ‘245 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 ‘245 Patent. Ex. 1001 at
`
`References Cited. However, it was never used to reject any of the claims during
`
`prosecution of the ‘245 Patent, and was never discussed or referenced by the
`
`Applicants or the Examiner. See Section II.B.
`
`Liebenow discloses a “handheld digital information appliance” such as an
`
`electronic book or PDA having a front surface with a touchscreen 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], [0048]. The
`
`areas of the touch sensitive panels are differentiated from each other via indicia
`
`
`
` 10
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`displayed on the display of the digital information appliance. Id. at [0066], Figs. 1, 7,
`
`15, 16. 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 are defined for each application. Id. at [0036], [0069],
`
`Figs. 15, 16. Each key layout includes a plurality of keys that each map to separate
`
`input functions of a particular application. For instance, a calculator application has a
`
`key layout including keys for performing mathematical functions including addition
`
`and subtraction, for example, and a word processing application has a key layout
`
`including keys for performing data input functions including input of characters,
`
`numbers and symbols. Id. at [0036]; Figs. 15, 16. Thus, Liebenow discloses the
`
`allegedly patentable feature of “a selectively configurable sensing surface that provides
`
`more than one delineated active area based on the selected application, wherein at
`
`least a first delineated active area is mapped to a second function of the selected
`
`application and a second delineated active area is mapped to a third function of the
`
`selected application.” As shown below, Liebenow discloses every limitation of claims
`
`1, 7, 10-12, 17 and 20 of the ‘245 Patent.
`
`Claims
`1. A hand-held
`device
`comprising:
`
`Anticipated by Liebenow (Ex. 1003)
`Liebenow discloses a hand-held digital information appliance 100.
`
`“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].
`
`
`
` 11
`
`

`

`a
`
`to
`a
`
`[1(a)]
`processor
`configured
`process
`selected
`application
`having two or
`more
`functions;
`
`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`
`
`
`Id. at Fig. 1.
`Liebenow discloses a processing system 502 including a “central
`processing unit such as a microprocessor or microcontroller”
`configured to process a selected application such as a word
`processing application. The word processing application has two or
`more functions, including “Space Bar,” “Ctrl,” “Alt,” “Shift” and
`functions allowing the user to enter letters, numbers and symbols.
`
`“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. 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].
`
`“Referring now to FIG. 13, a hardware system in accordance with
`the present invention is shown. The hardware system shown in FIG.
`13 is generally representative of the hardware architecture of the
`digital information appliances of the present invention. A controller,
`for example, a processing system 502, controls the digital
`information appliance 500. The processing system 502 includes a
`central processing unit such as a microprocessor or microcontroller
`
`
`
` 12
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`for executing programs, performing data manipulations and
`controlling the tasks of the digital information appliance 500.” Id. at
`[0056].
`
`
`
`Id. at Fig. 15.
`
`“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]; see
`also, id. at Fig. 16.
`Liebenow discloses a front surface 104 (i.e., “first surface”) of the
`housing including a touch-sensitive panel 118 and/or one or more
`keys 146, 148, 150, 152, 154, 156, 312 (i.e., “input elements”) that
`are 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 (i.e., “a first function”) associated with the word
`processing application.
`
`“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
`
`first
`
`[1(b)] a
`surface
`at
`including
`first
`least
`a
`input element
`mapped to at
`least
`a
`first
`function of the
`selected
`application;
`and
`
`
`
` 13
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`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. 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].
`
`
`
`Id. at Fig. 1.
`
`See also, id. at [0035], [0051]; Figs. 3-4, 6, 10.
`Liebenow discloses that the back surface 106 (i.e., “second surface”)
`includes a back-surface input device 130 (i.e., “second input
`element”) with touch sensitive panels 140 (i.e., “sensor pads”). The
`touch sensitive panels 140 are selectively configurable correspond to
`keys of a keyboard (i.e., “more than one delineated active area”). As
`shown in figures 1, 7, 15 and 16, the touch sensitive panels 140 have
`areas that are differentiated from each other via indicia displayed on
`the display of the digital information appliance. The key layouts
`change based on the selected application or may be uniquely
`configured by the user. As shown in Figures 15 and 16, the key
`layout for the word processing application (Fig. 15) is different than
`the key layout for the calculator application (Fig. 16).
`
`
` 14
`
`a
`[1(c)(i)]
`second surface
`including
`at
`least a second
`input element
`having a sensor
`pad comprising
`a
`selectively
`configurable
`sensing surface
`that provides
`more than one
`delineated
`
`
`
`

`

`area
`active
`based on the
`selected
`application,
`
`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`“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.
`Like keyboard 132, the touch sensitive panel 140 may be divided
`into left and right key ranges 142 & 144 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 properly positioned over the touch sensitive panel
`140 so as to be in the proper position for supporting conventional
`touch typing techniques. Further, since the keyboard is emulated,
`various key configurations may be defined as desired by the user or
`as required by the applications executed by digital information
`appliance. For instance, the left and right key ranges 142 & 144 may
`be defined to emulate the divided QWERTY keyboard 132
`illustrated in FIGS. 2 through 4. Alternately, the key ranges 142 &
`144 may be defined to provide alternate key configurations such as a
`Dvorak key
`configuration,
`a non-English
`language key
`configuration, a numeric keypad configuration, a telephone keypad
`configuration, or a user or application
`specified key
`configuration (see FIGS. 15 and 16).” Id. at [0036] (emphasis
`added).
`
`Alternately, areas of the touch sensitive panel 240 may be defined to
`provide key configurations such as a telephone keypad, or an
`application specific or user defined key configuration.” Id. at [0044].
`
`Id. at Fig. 5.
`
`
`
`
`
` 15
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`
`
`“Further, in step 602 indicia displayed on the display of the
`digital information appliance may interactively guide the user
`to select specific keys of the input device. Such indicia may,
`for example, aid the user in selecting only those keys that
`provide acceptable input to the digital information appliance
`in a given situation or for a given application. For example, as
`shown in FIGS. 15 and 16, the display attributes 714 of key
`representations 704 corresponding to keys which may be depressed
`by the user may be changed thereby indicating to the user which
`keys may be pressed, for example, in response to a query from an
`application running on the digital information appliance. Attributes
`714 such as the brightness or color of the key representation 704
`may be altered thereby highlighting the key representation 704 to the
`user. Alternately, instead of changing the key representation's
`attributes 714, additional indicia may be displayed on the appliance's
`display 708. Such indicia are preferably displayed proximally to the
`key representation 704. For instance, a symbol 172 (FIG. 1) such as
`a box, a circle, shadowing, an ‘X’, a checkmark, etc., may be
`displayed over the key representation 704 to indicate its actuation.”
`Id. at [0066] (emphasis added).
`
`Id. at Fig. 15.
`
`
`
`
`
`
` 16
`
`

`

`Petition for Inter Partes Review of
`U.S. Patent No. 7,463,245
`
`
`
`Id. at Fig. 16.
`
`“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
`ca