IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`United States Patent No: 8,713,476
`Inventor: Mathieu Kennedy Martyn
`Formerly Application No.: 14/063,544
`Issue Date: April 29, 2014
`Filing Date: October 25, 2013
`Former Group Art Unit: 2175
`Former Examiner: VU, THANH T
`Patent Owner: Core Wireless Licensing
`S.A.R.L.
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`
`Attorney Docket No.:
`104677-5016-653
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`Customer No.: 28120
`Petitioner: Apple Inc.
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`§
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`For: COMPUTING DEVICE WITH IMPROVED USER INTERFACE FOR
`APPLICATIONS
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`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
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`DECLARATION OF DR. BRAD A. MYERS IN SUPPORT OF PETITION
`FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 8,713,476
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`
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`Apple Exhibit 1003 Page 00001
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`TABLE OF CONTENTS
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`Introduction ...................................................................................................... 1
`I.
`Background and Qualifications ....................................................................... 1
`II.
`III. One of Ordinary Skill ...................................................................................... 4
`IV. Materials Relied Upon ..................................................................................... 5
`V.
`Background on the State of the Art ................................................................. 6
`VI. Analysis of the ’476 patent ............................................................................ 10
`A. Overview of the ’476 Patent ................................................................ 10
`B. Overview of the ’476 Patent Prosecution History .............................. 14
`D.
`Claim Construction of the ’476 Patent Claims ................................... 18
`VII. The Challenged Claims are Invalid ............................................................... 19
`A.
`Prior Art ............................................................................................... 23
`1.
`Overview of U.S. Patent No. 7,225,409 (“Schnarel”) .............. 23
`2.
`Overview of U.S. Patent No. 6,993,362 (“Aberg”) .................. 25
`3.
`Overview of U.S. Patent No. 6,333,973 (“Smith”) .................. 25
`4.
`Overview of U.S. Patent No. 6,593,945 (“Nason”) .................. 27
`5.
`Overview of U.S. Patent No. 6,256,516 (“Wagner”) ............... 30
`B. Ground 1: Schnarel in view of the knowledge of a POSITA
`renders obvious claims 1, 4, 7-9, 20, 28, 29; Ground 2: Schnarel
`in view of Aberg renders obvious claims 1, 4, 7-9, 20, 28, 29;
`Ground 3: Schnarel in view of the knowledge of a POSITA and
`Smith render obvious claim 4; Ground 4: Schnarel in view of
`Aberg and Smith render obvious claim 4. ........................................... 32
`1.
`Claim 1 ...................................................................................... 33
`2.
`Claim 4 ...................................................................................... 49
`3.
`Claim 7 ...................................................................................... 54
`4.
`Claim 8 ...................................................................................... 55
`5.
`Claim 9 ...................................................................................... 59
`6.
`Claim 20 .................................................................................... 59
`7.
`Claim 28 .................................................................................... 61
`8.
`Claim 29 .................................................................................... 61
`C. Ground 5: Nason renders obvious claims 1, 4, 7-8, 20, 28, 29;
`Ground 6: Nason in view of the knowledge of a POSITA
`renders obvious claims 1, 4, 7-9, 20, 28, 29; Ground 7: Wagner
`in view of Nason renders obvious claim 9; Ground 8: Wagner
`in view of Nason and the knowledge of a POSITA renders
`obvious claim 9 ................................................................................... 61
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`Claim 1 ...................................................................................... 62
`1.
`Claim 4 ...................................................................................... 73
`2.
`Claim 7 ...................................................................................... 74
`3.
`Claim 8 ...................................................................................... 76
`4.
`Claim 9 ...................................................................................... 78
`5.
`Claim 20 .................................................................................... 82
`6.
`Claim 28 .................................................................................... 84
`7.
`Claim 29 .................................................................................... 84
`8.
`VIII. Conclusion ..................................................................................................... 84
`Appendix A
`Appendix B
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`Inter Partes Review
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`United States Patent No. 8,713,476
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`I, Dr. Brad A. Myers, hereby declare under penalty of perjury under the laws
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`of the United States of America:
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`I.
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`INTRODUCTION
`1.
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`I have been retained to provide assistance regarding U.S. Patent
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`No. 8,713,476 (“the ’476 patent”). Attached hereto as Appendix A is a true and
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`correct copy of my Curriculum Vitae describing my background and experience. I
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`have personal knowledge of the facts and opinions set forth in this declaration, and
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`believe them to be true. If called upon to do so, I would testify competently there-
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`to. I have been warned that willful false statements and the like are punishable by
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`fine or imprisonment, or both.
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`II. BACKGROUND AND QUALIFICATIONS
`2.
`I am a Professor in the Human-Computer Interaction Institute, which
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`is part of the School of Computer Science at Carnegie Mellon University (“CMU”)
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`in Pittsburgh, Pennsylvania. My areas of concentration include, among others, us-
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`er interface design and software, mobile devices, computer programming environ-
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`ments, visual programming, and intelligent interfaces.
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`3.
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`I have been working in the field of user interfaces (also called Human
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`Computer Interaction or “HCI”) for more than 30 years, and I am the author or edi-
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`tor of more than 450 publications in this field. I have been on the editorial board
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`of six journals, including the premier journals in the field of HCI. I have been a
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`consultant on user interface design and implementation for more than 75 compa-
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`nies.
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`4.
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`I received a Bachelor of Science in Computer Science and Engineer-
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`ing and Master of Science in Computer Science from the Massachusetts Institute of
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`Technology (“MIT”) in 1980. While at MIT, I was a research intern at the Xerox
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`Palo Alto Research Center (“Xerox PARC”). I received my Doctorate in Comput-
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`er Science from the University of Toronto in 1987. I worked at the Three Rivers
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`Computer Corporation (later renamed Perq Systems Corporation) from 1980 to
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`1983, where I designed and implemented software, including one of the first com-
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`mercial software programs for controlling the appearance and location of windows
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`in a graphical user interface (known today as “window managers”).
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`5.
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`Over the course of my career, I have authored multiple articles relat-
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`ing to, among other subjects, mobile computing, mobile phone user interfaces, web
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`browsing on mobile devices, email messaging, user interface software, window
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`management, visualization, intelligent interfaces, and novel interaction techniques.
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`In recognition of my contributions to research, I was selected as a Fellow of the
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`Association for Computing Machinery (“ACM”) in 2005, a Fellow of the Institute
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`of Electrical and Electronics Engineers (“IEEE”) in 2013, and elected to the “CHI
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`Academy” by the Special Interest Group on Computer-Human Interaction
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`(“SIGCHI”) of the ACM in April 2004, as one of the top 25 “principal leaders of
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`the field” of HCI. I have also received a number of “best paper” awards with my
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`students, for example, at the USENIX 2000 Annual Technical Conference, at the
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`International Conference on Software Engineering in 2005 and 2008, at the ACM
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`SIGACCESS Conference on Computers and Accessibility in 2004, and at the
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`ACM SIGCHI 2006 Conference on Human Factors in Computing Systems.
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`6.
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`I have conducted a research project focused on user interfaces for mo-
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`bile devices since the fall of 1997. My research group has used a wide variety of
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`Personal Digital Assistants (“PDAs”) and mobile phones to develop a number of
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`application programs. One aspect of this research, called the “Pebbles” project,
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`has been the study of how to provide better user interfaces on the small screens of
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`such devices. My group was also one of the first to use the 802.11 wireless tech-
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`nology (now called “WiFi”) on handheld devices, starting about 1999. I was also
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`an early user of the Windows CE operating system from Microsoft for handheld
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`devices, starting at least in 1998. I was invited to give two keynote talks at confer-
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`ences (MUM2004 and Mobile HCI’02) on the Pebbles research. I regularly teach
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`courses on user interface design and software. In particular, I have taught about
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`user interfaces for consumer electronics such as mobile devices at least since 1989.
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`7.
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`I am listed as an inventor on three U.S. patents: U.S. Patent No.
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`5,581,677 relating to interaction techniques for creating charts and graphs; U.S. Pa-
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`tent No. 7,729,542 relating to a more stable technique of entering text for mobile
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`devices for people with muscular disabilities, which resulted from the work on the
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`Pebbles project mentioned above; and, U.S. Patent No. 7,735,066 relating to a
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`technique for debugging computer programs that displays a visualization to show
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`why certain events happen in a program.
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`8.
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`Additional details of my background are set forth in my curriculum
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`vitae (Appendix A), which provides a more complete description of my back-
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`ground and work experience, and lists the presentations, articles and other publica-
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`tions I have authored or to which I have contributed.
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`III. ONE OF ORDINARY SKILL
`9.
`I understand that the factors considered in determining the ordinary
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`level of skill in a field of art include the level of education and experience of per-
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`sons working in the field; the types of problems encountered in the field; and the
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`sophistication of the technology at the time of the purported invention, which I un-
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`derstand is asserted to be July 28, 2000. I understand that a person of ordinary
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`skill in the art is not a specific real individual, but rather is a hypothetical individu-
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`al having the qualities reflected by the factors above. I understand that a person of
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`ordinary skill in the art would also have knowledge from the teachings of the prior
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`art, including the art cited below.
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`10.
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`In my opinion, on or before July 2000, a person of ordinary skill in the
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`art (“POSITA”) relating to the technology of the ’476 patent would have had a
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`minimum of a bachelor’s degree in electrical engineering, computer engineering,
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`computer science, or a comparable field, and approximately two years of profes-
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`sional experience with designing and/or developing graphical user interfaces
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`(“GUIs”) for computing devices or other relevant industry experience. Additional
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`graduate education could substitute for professional experience, or significant ex-
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`perience in the field could substitute for formal education. A POSITA is presumed
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`to have knowledge of all relevant prior art, and therefore would have been familiar
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`with each of the references cited herein and the full range of teachings they con-
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`tain.
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`11. Well before July 28, 2000, my level of skill in the art was at least that
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`of a POSITA. I am qualified to provide opinions concerning what a POSITA
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`would have known and understood at that time, and my analysis and conclusions
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`herein are from the perspective of a POSITA as of July 28, 2000.
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`IV. MATERIALS RELIED UPON
`12.
`In reaching the conclusions described in this declaration, I have relied
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`on the documents and materials cited herein as well as those identified in Appendix
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`B attached to this declaration (Exs. 1001-1002, 1004-1022). These materials com-
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`prise patents (e.g., Exhibits 1001-1002, 1004-1019).1 Each of these materials is a
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`1 All emphasis and annotations added unless otherwise noted.
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`type of document that experts in my field would reasonably rely upon when form-
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`ing their opinions.
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`13. My opinions are also based upon my education, training, research,
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`knowledge, and personal and professional experience.
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`V.
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`BACKGROUND ON THE STATE OF THE ART
`14. Computing devices, including mobile telephones, with displays were
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`well-known and ubiquitous in the art long before July 28, 2000 (the claimed priori-
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`ty date of the ’476 patent). The concept of using a graphical user interface includ-
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`ing a “main menu” to list different applications was also developed decades ago
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`and was well-known in the art long before July 2000. See also, e.g., Ex. 1018 249
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`(9/23/08 Reply 13) (“Applicant does not dispute that the concept of a main menu is
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`well known in the prior art.”). It was also well-known and common to display
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`functions and data in a menu –indeed, one of the central purposes of providing a
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`“menu” is to display functions and data.
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`15.
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`In addition to using a “GUI” to display a “main menu” listing applica-
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`tions, it was well-known in the art to provide a “summary window” for displaying
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`functions and/or data offered by an application on computing devices. See, e.g.,
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`Ex. 1004 (Schnarel) at 13:42-48, Fig. 2 (teaching the use of a “summary pane”);
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`Ex. 1005 (Aberg) at Abstract, 2:3-5, 2:55-3:3, 7:25-29, Figs. 1, 3 (teaching the use
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`of a “dynamic menu” / “special menu”); Ex. 1007 (Nason) at 1:11-13, 2:49-53,
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`3:25-33, 4:31-40, 5:15-25, Figs. 2, 7-10 (teaching the use of “cartridges” to provide
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`a summary window); Ex. 1010 (Wagner) at Abstract, 4:56-5:11, 8:22-29, Fig. 3A
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`(teaching the use of a summary window—“display field 32”); Ex. 1006 (Smith)
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`1:57-61, 2:26-31, 3:50-54, 8:27-35, Figs. 7A, 7B (teaching the use of an “integrat-
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`ed message center”); Ex. 1013 (Bloomfield 550) at 1:59-64, 4:14-58, 9:56-10:28,
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`11:14-24, Figs. 3-6 (teaching the use of popup menus); Ex. 1014 (Bloomfield 140)
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`at 1:41-46, 8:17-32, 9:61-66, Fig. 5 (teaching the use of popup menus); Ex. 1015
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`(Blanchard) at 1:11-14, 5:30-6:38, Figs. 2, 4 (teaching the use of a summary win-
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`dow—“display screen 330”).
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`16.
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`It was also well known that a summary window could be “directly
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`reached” from a main menu. See, e.g., Ex. 1005 (Aberg) at Abstract, 2:3-5, 2:55-
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`3:3, 7:25-29 (teaching that the “dynamic menu” / “special menu” can be placed ei-
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`ther as a “top-level menu” or “sub-level menu”), Figs. 1, 3; Ex. 1007 (Nason) at
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`2:49-53, 3:25-33, 4:31-40, 5:15-25, Figs. 2, 7-10 (teaching that the summary win-
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`dow can be reached directly from the main menu through the use of “rotator” but-
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`tons); Ex. 1006 (Smith) 8:12-35, Fig. 7A (teaching that the summary window can
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`be reached by pressing on an icon); Ex. 1013 (Bloomfield 550) at 4:14-58, 9:56-
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`10:28, 11:14-24, Figs. 3-6 (teaching that the popup menu can be reached directly
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`from the main menu “upon user request”); Ex. 1014 (Bloomfield 140) at 8:17-32,
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`9:61-66, Fig. 5 (teaching that the popup menu can be reached directly from the
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`main menu by “click[ing] on the icon with the second mouse button”); Ex. 1015
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`(Blanchard) at 5:30-6:38, Figs. 2, 4 (teaching that the “display screen 330” can be
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`reached directly from the main menu using the “Right or Left arrow keys”).
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`17.
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`It was also well known to include a limited list of functions and/or da-
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`ta in a “summary window.” See, e.g., Ex. 1004 (Schnarel) at 6:26-8:67, Figs. 2, 3
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`(teaching a summary window displaying a limited list of functions, e.g., “Caller
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`Log,” “Fax,” and data, e.g., icons indicating the presence and type of new messag-
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`es); Ex. 1007 (Nason) 3:48-4:49, Figs. 2, 5-10 (teaching a summary window dis-
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`playing a limited list of functions, e.g., “web,” “search,” and data, e.g., ticker text;
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`Ex. 1010 (Wagner) at Abstract, 4:56-5:11, 8:22-29, Fig. 3A (teaching a summary
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`window displaying ticker data); Ex. 1006 (Smith) 2:41-50, 8:36-45, Fig. 7A (teach-
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`ing a summary window displaying a limited list of data, e.g., types of messages,
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`senders’ names, total number of messages for received messages); Ex. 1015
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`(Blanchard) at 6:4-7, 8:34-9:11, Fig. 4 (teaching a summary window displaying a
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`limited list of functions, e.g., “Call Logs” and data, e.g., “Voice Msg [00],” “[Text
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`Msg 07]” indicating the total number of messages); Ex. 1013 (Bloomfield 550) at
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`4:14-58, 9:56-10:28, Figs. 4-6 (teaching a summary window displaying a limited
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`list of functions, e.g., “Check disk,” “Backup”); Ex. 1017 (Anderson) at 14:51-63,
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`Fig. 9A (teaching a summary window displaying a limited list of functions, e.g.,
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`“VM,” “NEW,” and data, e.g., “3 VM MSG,” “1 TEXT MSG,” “1 OLD MSG.”);
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`Ex. 1016 (Allard) at 4:8-19, Fig. 6 (teaching a summary window displaying a lim-
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`ited list of functions, e.g., “Send,” “Receive,” and data, e.g., “3 Received Messag-
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`es,” “2 Ready to Send,” “11 Saved Messgaes [sic]”); Ex. 1005 (Aberg) at 2:55-62,
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`4:32-48, 6:42-49, Figs. 1, 3 (teaching a summary window where “the contents” or
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`“menu items” can be “modified by the user”) .
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`18. Displaying the application summary window while the application is
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`in an un-launched state was also well-known in the art before July 2000. See, e.g.,
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`Ex. 1004 (Schnarel) at 6:27-45, 8:46-62, 13:22-39, Fig. 2 (teaching that the appli-
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`cation is launched after a function or data is selected from the summary window);
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`Ex. 1007 (Nason) at 3:10-13, 3:56-60, 4:31-40 (teaching that the application is
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`launched after a button or ticker data is selected to launch the application); Ex.
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`1006 (Smith) 1:57-61, 2:26-31 (teaching a summary window where the infor-
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`mation is displayed “without the need to launch different applications”); Ex. 1014
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`(Bloomfield 140) at 8:17-32, Fig. 5 (teaching a summary window where the appli-
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`cation is launched after making a selection in the menu); Ex. 1009 (Krause) at
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`1:52-56, 2:2-5; Ex. 1018 325 (11/10/09 Exam.’s Br. 3) (finding during prosecution
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`that “Krause teaches displaying a summary window of an application while an ap-
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`plication is in an un-launched state.”). It was common and well-known that the
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`summary window could be displayed while the application was either in an un-
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`launched or launched state. Similarly, displaying a summary window where the
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`data displayed in the list is selectable to launch an application was well-known in
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`the art before the earliest claimed priority date. See, e.g., Ex. 1004 (Schnarel) at
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`6:62-7:61, Fig. 2; Ex. 1007 (Nason) at 3:10-13, 3:56-60, 4:31-40.
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`19.
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`In addition, systems providing for user-customization of the data types
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`to be displayed in the summary window were also well-known in the art long be-
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`fore the ’476 patent. See, e.g., Ex. 1004 (Schnarel) Abstract, 3:14-17, 8:18-45,
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`24:47-53, Figs. 2-4 (teaching that the summary window can be “customize[d]”);
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`Ex. 1006 (Smith) 8:36-51, Fig. 7A (teaching that the user can select the data types
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`to display in the summary window); Ex. 1007 (Nason) Abstract, 4:31-44, 5:45-52,
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`Figs. 10, 14 (teaching that the user can select the data to include in the summary
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`window). And it was well known that the summary window could be a frame in-
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`cluding the name of an application. See, e.g., Ex. 1004 (Schnarel) 6:47-48, Fig. 2;
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`Ex. 1007 (Nason) Fig. 10.
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`VI. ANALYSIS OF THE ’476 PATENT
`A. Overview of the ’476 Patent
`20. The ’476 patent specification generally describes a computing device
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`that displays a main menu listing different applications and a summary window
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`(“App Snapshot”). Ex. 1001 at 2:66-2:3, 3:16-28, 3:34-42. “The term ‘computing
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`device’ refers to any kind of device which can process and display information.
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`The invention has specific application to mobile telephones. The term ‘mobile tel-
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`ephone’ refers to any kind of mobile device with communications capabilities and
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`includes radio (mobile) telephones, smart phones, communicators, PDAs and wire-
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`less information devices. It includes devices able to communicate using not only
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`mobile radio such as GSM or UMTS, but also any other kind of wireless commu-
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`nications system, such as Bluetooth.” Ex. 1001 at 1:26-35.
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`21. With respect to the summary window (also called an “App Snap-
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`shot”), the ’476 patent describes that “App Snapshots are not intended to replace
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`notifications, but to complement them by providing non-intrusive reminders for the
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`user, as well as rapid shortcuts to key application functionality.” Id. at 4:43-46.
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`The summary window “can be reached directly” from the main menu and displays
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`a limited list of the functions and data offered within a particular application listed
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`in the main menu. Id. at 2:31-41, 2:66-3:3. According to the ’476 patent specifica-
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`tion, “[a]lthough the term ‘window’ has been used to describe the drop down
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`summary, the summary does not have to be presented within any kind of frame.
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`Any manner of presenting the common functions offered within an application
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`and/or data stored in that application will constitute a ‘window’ as such.” Id. at
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`4:6-11. The ’476 patent specification describes that, in a mobile telephone context,
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`applications may include a message application, a contacts/address book applica-
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`tion, a calendar application and a telephone application. Ex. 1001 at 1:48-51, 3:16-
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`18.
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`22. The ’476 patent specification describes that functions in the summary
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`window are selectable to open the application. Id. at 2:42-50. In addition, the App
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`Snapshot “display[s] data from an application and functions of that application
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`without actually opening the application up: only once a user has selected an item
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`in the App Snapshot associated with a given application does that application have
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`to be opened.” Id. at 3:64-4:1.
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`23. The ’476 patent specification further discusses that “the user or sys-
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`tem designer may define the kinds of functionality and/or stored data to be includ-
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`ed in the App Snapshot for a given application.” Id. at 4:50-53.
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`24.
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`I have considered the Challenged Claims (claims 1, 4, 7-9, 20, 28, 29)
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`of the ’476 patent, which read as follows:
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`1[PREAMBLE] A computing device comprising
`[1.A] a display screen,
`[1.B] the computing device being configured to display on the
`screen a menu listing one or more applications,
`[1.C] and additionally being configured to display on the screen
`an application summary that can be reached directly from the
`menu,
`[1.D] wherein the application summary displays a limited list of
`data offered within the one or more applications,
`[1.E] each of the data in the list being selectable to launch the
`respective application and enable the selected data to be seen
`within the respective application,
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`[1.F] and wherein the application summary is displayed while
`the one or more applications are in an un-launched state.
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`4. The computing device of claim 1 in which a user can define
`what data types are of interest to that user for the summary for
`an application.
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`7. The computing device of claim 1 in which the summary is a
`frame which includes the name of the one or more applications.
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`8. The computing device of claim 1 in which the summary fur-
`ther displays a limited list of functions offered in the one or
`more applications.
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`9. The computing device of claim 1, being a mobile telephone.
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`20[PREAMBLE]. A method comprising:
`[20.A] displaying, on a computing device having a display
`screen,
`[20.B] a menu listing one or more applications;
`[20.C] displaying an application summary that can be reached
`directly from the menu,
`[20.D] wherein the application summary displays a limited list
`of data offered within the one or more applications,
`[20.E] wherein the application summary is displayed while the
`one or more applications are in an un-launched state;
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`[20.F] and in response to a user selection of particular data,
`launching the respective application associated with the select-
`ed data to enable the selected data to be seen within the respec-
`tive application.
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`28. The method of claim 20, further comprising displaying the
`application summary as a frame including a name of the one or
`more applications.
`
`29. The method of claim 20, further comprising displaying in
`the application summary a limited list of functions offered in
`the one or more applications.
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`B. Overview of the ’476 Patent Prosecution History
`25. The application leading to the ’476 patent was filed on October 25,
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`2013 as U.S. Pat. App. No. 14/063,544 (“the ‘544 application”). The ’476 patent is
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`a continuation of U.S. Pat. App. No. 10/343,333 (“the ’333 application”) filed Au-
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`gust 27, 2003 and issued as U.S. Pat. No. 8,434,020 (“the ’020 patent”). The ’476
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`patent claims priority to PCT Application No. PCT/GB01/03387, filed July 27,
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`2001, and British application GB 0019459.7, filed July 28, 2000. The ’476 patent
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`shares a common specification with the ’020 patent.
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`26. During prosecution, Applicant filed a terminal disclaimer over the
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`’020 patent. On February 10, 2014, without issuing any office actions, the Exam-
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`iner issued a Notice of Allowance. Ex. 1002 at 90-97 (2/10/14 NOA).
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`C. Overview of the ’020 Patent Prosecution History
`27. The application leading to the ’020 patent was filed on August 27,
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`2003 as U.S. Pat. App. No. 10/343,333 (“the ’333 application”). The ’333 applica-
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`tion claims priority to PCT Application No. PCT/GB01/03387, filed July 27, 2001,
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`and British application GB 0019459.7, filed July 28, 2000.
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`28. On December 12, 2006, the Examiner issued a non-final rejection,
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`finding all original claims 14-36 unpatentable under § 103(a) over U.S. Pat. No.
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`6,512,525 (“Capps”) and U.S. Pat. No. 6,121,968 (“Arcuri”). Ex. 1018 at 144-147
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`(12/12/06 OA at 2-5). In response, Applicant, inter alia, amended original inde-
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`pendent claims 14 and 26 (now independent claims 1 and 16) to include the limita-
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`tion “a main menu listing one or more applications” and a summary window “that
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`can be reached directly from the main menu” to avoid the prior art. Ex. 1018 at
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`154-55, 157-58 (6/12/07 Reply at 2-3, 5-6). Applicant argued that Capps and Arcu-
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`ri “do not teach or suggest functionality that enables the functions to be accessible
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`from the main menu and across all applications displayed in the main menu.” Id.
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`at 164 (6/12/07 Reply at 10). On August 22, 2007, the Examiner issued a final re-
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`jection finding all pending claims unpatentable as obvious over Capps, Arcuri, and
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`U.S. Pat. No. 6,781,161 (“Richard”). Ex. 1018 at 171-74 (8/22/07 OA at 2-5). On
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`October 22, 2007, Applicant filed a Reply arguing that Richard does not teach “a
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`main menu listing one or more applications” and instead teaches “two open appli-
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`cations.” Ex. 1018 at 180-81 (10/22/07 Reply at 3-4). On November 8, 2007, the
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`Examiner issued an Advisory Action rejecting Applicant’s request for reconsidera-
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`tion and maintaining the previous rejections over Capps, Arcuri, and Richard under
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`the broadest reasonable interpretation of the claims consistent with the specifica-
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`tion. Ex. 1018 at 186. On December 26, 2007, to avoid the prior art, Applicant
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`amended original independent claims 14 and 26 to include the limitation “wherein
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`the application summary window is displayed while the application is in an un-
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`launched state.” Ex. 1018 at 190 (12/26/07 Reply at 2). On January 24, 2008, the
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`Supervisory Patent Examiner issued an Advisory Action and did not enter the pro-
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`posed amendments because they raised new issues. Ex. 1018 at 206.
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`29. On February 21, 2008, Applicant filed a Request for Continued Exam-
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`ination (RCE). Ex. 1018 at 209. On April 23, 2008, the Examiner issued a non-
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`final rejection finding all pending claims obvious over Capps, U.S. Pat. No.
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`6,570,596 (“Frederiksen”), Arcuri, and U.S. Pat. No. 6,160,554 (“Krause”). Ex.
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`1018 at 219-22 (4/23/08 OA at 2-5). On September 23, 2008, to avoid the prior art,
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`Applicant amended original independent claims 14 and 26 to include the limitation
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`that “each function” is selectable to “launch the first application.” Ex. 1018 at 238-
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`40 (9/23/08 Reply at 2-4). On December 31, 2008, the Examiner issued a final re-
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`jection, finding all pending claims unpatentable as obvious over U.S. Pat. No.
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`5,815,142 (“Allard”), Arcuri, and Krause. Ex. 1018 at 260-63 (12/31/08 OA at 3-
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`5). On March 2, 2009, Applicant filed a Reply and argued that none of the dis-
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`cussed references “teaches or suggests displaying functions of an application in a
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`summary window, and which is available prior to application launch.” Ex. 1018 at
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`284-85 (3/2/09 Reply at 9-10). On March 17, 2009, the Examiner issued an Advi-
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`sory Action maintaining the objections. Ex. 1018 at 291-92.
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`30. On June 30, 2009, Applicant filed a Notice of Appeal. Ex. 1018 at
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`294. On August 31, 2009, Applicant filed an Appeal Brief, arguing that no combi-
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`nation of Allard, Arcuri, and/or Kraus “teaches or suggests displaying, in a main
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`menu, a list of accessible applications, and, by designating (e.g., hovering the cur-
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`sor over) one of the applications listed in the main menu, opening a summary win-
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`dow which shows various functions that can be selected within the designated ap-
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`plication even while the application is unlaunched.” Ex. 1018 at 309 (8/31/09 App.
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`Br. at 10). On November 10, 2009, the Examiner submitted an Examiner’s An-
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`swer, explaining that Kraus “display[s] a preview window related to an application
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`while the application is in un-launch [sic] state”; thus, the claims were unpatenta-
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`ble as obvious over Allard, Arcuri, and Kraus. Ex. 1018 at 328-29 (11/10/09 Ex-
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`am. Ans. at 5-7).
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`31. On January 11, 2010, Applicant filed a Reply Brief arguing that
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`Krause teaches “‘previewing’ metadata … [which] is conceptually very different to
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`a user selecting an application and causing functionality of that application to be
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`displayed, or allowing the application to be launched and a certain functionality in-
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`itiated, or displaying functionality of the application of the unlaunched application
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`on a main menu screen and allowing the functionality to be initiated from this main
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`menu screen.” Ex. 1018 at 332-34 (1/11/10 Reply Br. at 2-4) (emphasis in origi-
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`nal). On October 24, 2012, the Board issued a Decision on Appeal, reversing the
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`Examiner’s final rejection of original claims 14-40 and finding that Krause teaches
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`“previewing of files without opening them using metadata” which is different from
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`the claim limitation requiring “each function in