UNITED STATES pATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria; Virginia 223 13·1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/315,250
`
`12/10/2002
`
`Magnus Goertz
`
`3682-32
`
`1226
`
`03123/2006
`7590
`23117
`NIXON & VANDERHYE, PC
`901 NORTH GLEBE ROAD, ll TH FLOOR
`ARLINGTON, VA 22203
`
`EXAMINER
`
`PURCELL, IAN M
`
`ART UNIT
`
`2174
`
`PAPER NUMBER
`
`DATE MAILED: 03/23/2006
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 10/03)
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 1
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`

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`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/315,250
`
`Examiner
`
`GOERTZ, MAGNUS
`
`Art Unit
`
`lan M. Purcell
`2174
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE J. MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even If timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`-
`
`1)[8J Responsive to communication(s) filed on 10 December 2002.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)[8J Claim(s) 1-18 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8J Claim(s) 1-18 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)[8J The specification is objected to by the Examiner.
`10)[8J The drawing(s) filed on 10 December 2002 is/are: a)O accepted or b)!ZI objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) !ZI Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 Information Disclosure Statement(s) (PT0-1449 or PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application (PT0-152)
`6) 0 Other: __ .
`
`U.S. Patent and Trademar1< Office
`PTOL-326 (Rev. 7-05)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20060308
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 2
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
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`

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`Application/Control Number: 10/315,250
`Art Unit: 2174
`
`Page 2
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`DETAILED ACTION
`
`Drawings
`
`1.
`
`The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
`
`because they include the following reference character(s) not mentioned in the
`
`description:
`
`(a.) Fig. 14 is not mentioned in the Brief Description of the Drawings.
`
`Corrected drawing sheets in compliance with 37 CFR 1.121 (d), or amendment to
`
`the specification to add the reference character(s) in the description in compliance with
`
`37 CFR 1.121 (b) are required in reply to the Office action to avoid abandonment of the
`
`application. Any amended replacement drawing sheet should include all of the figures
`
`appearing on the immediate prior version of the sheet, even if only one figure is being
`
`amended. Each drawing sheet submitted after the filing date of an application must be
`
`labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37
`
`CFR 1.121 (d). If the changes are not accepted by the examiner, the applicant will be
`
`notified and informed of any required corrective action in the next Office action. The
`
`objection to the drawings will not be held in abeyance.
`
`Specification
`
`2.
`
`The title of the invention is not descriptive. A new title is required that is clearly
`
`indicative of the invention to which the claims are directed.
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 3
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`Application/Control Number: 10/315,250
`Art Unit: 2174
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`Page 3
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`3.
`
`Claim 3 objected to because of the following informalities:
`
`Claim Objections
`
`(a.) Claim 3 states "characterised in, that that a selection of a preferred service or
`
`setting is done tapping" and should be changed to --characterised in, that a selection of
`
`a preferred service or setting is done by tapping -
`
`(b.) Claim 8 states "content if said list" should be changed to -content of said list -
`
`Appropriate correction is required.
`
`4.
`
`Claim 11 is objected to under 37 CFR 1.75(c), as being of improper dependent
`
`form for failing to further limit the subject matter of a previous claim. Applicant is
`
`required to cancel the claim(s), or amend the claim(s) to place the claim(s) in proper
`
`dependent form, or rewrite the claim(s) in independent form. Claim 11 fails to further
`
`limit claim 10.
`
`Claim Rejections ~ 35 USC § 112
`
`5.
`
`The following is a quotation of the second paragraph of 35 U.S.C. 112:
`
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 2, 5, 7 and 14 rejected under 35 U.S.C. 112, second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter which
`
`applicant regards as the invention.
`
`Regarding claims 2, 5, 7 and 14 the phrase "such as" renders the claim indefinite
`
`because it is unclear whether the limitations following the phrase are part of the claimed
`
`invention. See MPEP § 2173.05(d).
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 4
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`Application/Control Number: 10/315,250
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`Page4
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`Claim Rejections- 35 USC§ 102
`
`6.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless -
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`7.
`
`Claims 1, 4-7, 12, 15 and 17 are rejected under 35 U.S.C. 1 02(b) as being
`
`anticipated by Carlson ("Carlson", Carlson, Jeff. Visual Quickstart Guide Palm
`
`Organizers. Peachpit Press. 2000. Berkeley, CA.).
`
`8.
`
`As per claim 1, Carlson teaches a user interface for a mobile handheld computer
`
`unit (Introduction, page xiii), where said computer unit comprises a touch sensitive area
`
`(page 26, the screen is touch sensitive), which touch sensitive area is divided into a
`
`menu area (page 12, fig. 1.10 silk screen graffiti area) and a display area, where said
`
`computer unit is adapted to run several applications simultaneously (page 4 7, a// of the
`
`applications are running concurrently), and to present an active application on top of
`
`any other application on said display area, characterised in, that said menu area is
`
`adapted to present a representation of a first, a second and a third predefined function,
`
`that said first function is a general application dependent function (page 28, the Menu
`
`icon, fig. 2.4), that said second function is a keyboard function (page 30, either the abc
`
`or 123 dots in the lower corner of the Graffiti area), that said third function is a task and
`
`file manager (page 47, the Applications screen & fig. 2.35), and that any one of said
`
`three functions can be activated when said touch sensitive area detects a movement of
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 5
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`Page 5
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`an object with its starting point within the representation of said function on said menu
`
`area and with a direction from said menu area to said display area (page 40, bottom-to-
`
`top screen stroke shortcut fig. 2.22 & page 30, drag the stylus vertically across the
`
`screen from bottom to top).
`
`9.
`
`As per claim 4, Carlson teaches the user interface according to claim 1,
`
`characterised in, that, if said second function is activated, said display area is adapted
`
`to display a keyboard and a text field, that, if a text passage in said active application is
`
`highlighted, said text passage is displayed in said text field for editing through said
`
`keyboard and that said highlighted text passage is replaced by said edited text passage
`
`when said second function is deactivated, and that, if no text passage in said active
`
`application is highlighted, said text field is available for inputting and editing of text
`
`through said keyboard (page 30, fig 2.7).
`
`10.
`
`As per claim 5. User interface according to claim 4, characterized in, that if no
`
`text passage in said active application is highlighted, and said text field is used for
`
`inputting and editing of text through said keyboard (page 30, fig 2.7), then said first
`
`function can be activated, or said second function can be closed, in which a choice of
`
`saving or deleting said inputted text is given, where the choice of saving said inputted
`
`text results in an activation of said first function, in which said first function will present
`
`services or settings available for said inputted text, such as saving said inputted text for
`
`later use, using said inputted text as telephone number in a telephone application, or
`
`sending said inputted text as message in communications application (page 28, fig. 2.4
`
`Beam Memo).
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 6
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`Application/Control Number; 10/315,250
`Art Unit 2174
`
`Page 6
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`11.
`
`As per claim 6, Carlson teaches the user interface according to claim 1,
`
`characterised in, that, if said third function is activated, said display area is adapted to
`
`display a list with a library of available applications and files on said computer unit, that
`
`a selection of an application will start said application, and that a selection of a file will
`
`open said file in an application intended for said file (page 47, fig. 2.35).
`
`12.
`
`As per claim 7, Carlson teaches the user interface according to claim 6,
`
`characterised in, that a selection of an application or a file is done by moving said object
`
`so that the representation of desired application or file is highlighted, removing said
`
`object from said touch sensitive area, and then tapping on said touch sensitive area,
`
`and that an application or file is highlighted by placing some kind of marking on the
`
`representation of said application or file, such as positioning a frame around the
`
`representation of said application or file or inverting the representation of said
`
`application or file (pages 26 & 27).
`
`13.
`
`As per claim 12, Carlson teaches the user interface according to Claim 1,
`
`characterised in, that an active application, function, service or setting is moved on one
`
`step by moving said object from the left of said display area to the right of said display
`
`area, and that the active application, function service or setting is closed or backed one
`
`step by moving said object from the right of said display area to the left of said display
`
`area (page 246, fig. 14.2, Drag to scroll through file).
`
`14.
`
`As per claim 15, Carlson teaches an enclosure adapted to cover a computer unit,
`
`said computer unit being adapted to present a user interface according Claim 1,
`
`characterised in, that said enclosure is provided with an opening for said display area,
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 7
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`Page 7
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`and that a representation of said menu area is printed on top of said enclosure (page
`
`12, Silkscreen Graffiti area & fig. 1.10).
`
`15. As per claim 17, Carlson teaches a computer readable medium, with a computer
`
`program product stored therein, characterised in, that said computer program product
`
`comprises computer readable code, which, when read by a computer, will make it
`
`possible for said computer to present a user interface according to Claim 1 (page 25,
`
`Palm OS).
`
`Claim Rejections- 35 USC§ 103
`
`16.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`17.
`
`Claims 2 and 3 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Carlson ("Carlson", Carlson, Jeff. Visual Quickstart Guide Palm Organizers. Peachpit
`
`Press. 2000. Berkeley, CA.) in view of Kopitzke et al. ("Kopitzke", US# 6,988,246 82).
`
`18.
`
`As per claim 2, Carlson teaches the user interface according to claim 1,
`
`characterised in, that, if said first function is activated, said display area is adapted to
`
`display icons representing different services or settings depending on the current active·
`
`application (page 28, the Menu icon, fig. 2.4), and that, if no application is currently
`
`active on said computer unit, said icons are adapted to represent services or settings of
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 8
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`Application/Control Number: 10/315,250
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`Page 8
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`the operations system of said computer unit, such as background picture, clock (page
`
`47, fig. 2.36, 12:11 am), users, help, etc.
`
`However Carlson does not teach expressly the user interface according to claim
`
`1, characterised in, that, if said first function is activated, said display area is adapted to
`
`display icons representing different services or settings depending on the current active
`
`application, that one of said icons always represents a "help"-service, regardless of
`
`application.
`
`Kopitzke teaches the user interface according to claim 1, characterised in, that
`
`said display area is adapted to display icons representing different services or settings
`
`depending on the current active application, that one of said icons always represents a
`
`"help"-service, regardless of application (column 4, lines 36-53 & fig. 1, Help key or
`
`button 6).
`
`Carlson and Kopitzke are analogous art because they are in the same field of
`
`endeavor, namely graphical user interfaces with touch sensitive displays.
`
`At the time of the invention it would have been obvious to a person of ordinary
`
`skill in the art to provide the help function as taught by Kopitzke within the user interface
`
`of Carlson in order to provide context sensitive information.
`
`As per claim 3, the modified Carlson teaches the user interface according to
`
`claim 2, characterised in, that a selection of a preferred service or setting is done by
`
`tapping on corresponding icon (Carlson, page 26, fig. 2.1 Tapping just about any
`
`interface element in the Palm OS evokes a response).
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 9
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`Application/Control Number: 10/315,250
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`Page 9
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`19.
`
`Claims 8-11 and 13 is rejected under 35 U.S.C. 1 03(a) as being unpatentable
`
`over Carlson ("Carlson", Carlson, Jeff. Visual Quickstart Guide Palm Organizers.
`
`Peachpit Press. 2000. Berkeley, CA.) in view of Wynn et al. ("Wynn", US# 6,734,883
`
`81).
`
`20.
`
`As per claim 8, Carlson teaches the user interface according to claim 7.
`
`However Carlson does not teach expressly the user interface, characterised in,
`
`that said list is adapted to present only said files or only said applications, that the top
`
`area of said list presents a field through which the content of said list can be altered,
`
`that, if said list only presents files, said field displays a representation of a task manager
`
`and a selection of said field will cause said list to alter to present only applications, and
`
`that, if said list only presents applications, said field displays a representation of a file
`
`manager and a selection of said field will cause said list to alter and present only files.
`
`Wynn teaches a user interface control, characterised in, that said list is adapted
`
`to present only said files or only said applications, that the top area of said list presents
`
`a field through which the content of said list can be altered (column 3, lines 4-8, dialog
`
`box 32), that, if said list only presents files, said field displays a representation of a task
`manager and a selection of said field will cause said list to alter to present only
`
`applications, and that, if said list only presents applications, said field displays a
`
`representation (column 3, lines 4-8, /abe/31) of a file manager and a selection of said
`
`field will cause said list to alter and present only files (column 3, lines 15-31).
`
`Neonode Smartphone LLC, Exhibit 2009
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`Page 10
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`Carlson and Wynn are analogous art because they are in the same field of
`
`endeavor, namely scrolling within graphical user interfaces with touch sensitive
`
`displays.
`
`At the time of the invention it would have been obvious to a person of ordinary
`
`skill in the art to have the selection list format as taught by Wynn within the user
`
`interface of Carlson in order to provide a conventional list format.
`
`21.
`
`As per claim 9, Carlson teaches the user interface according to claim 7,
`
`characterised in, that, a navigation in said list is performed by moving said object in a
`
`direction towards the top of said list or towards the bottom of said list, that the
`
`movement of said object will cause said marking to move in the same direction (page
`
`27, a quicker way to view the full list is to tap and hold on the dark solid portion of the
`
`scroll bar, then drag it vertically).
`
`However Carlson does not teach expressly that the speed of the movement of
`
`said marking is lower than the speed of the movement of said object.
`
`Wynn teaches a user interface control, characterised in, that, a navigation in said
`
`list is performed by moving said object in a direction towards the top of said list or
`
`towards the bottom of said list, that the movement of said object will cause said marking
`
`to move in the same direction (column 3, lines 32-39 & figs. 5) and that the speed of the
`
`movement of said marking is lower than the speed of the movement of said object
`
`(column 4, lines 24-30).
`
`Neonode Smartphone LLC, Exhibit 2009
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`Page 11
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`At the time of the invention it would have been obvious to a person of ordinary
`
`skill in the art to have the scrolling function as taught by Wynn within the user interface
`
`of Carlson in order to provide a conventional selection list.
`
`22.
`
`As per claim 10, the modified Carlson in view of Wynn teaches the user interface
`
`according to claim 9, characterised in, that, if the number of applications and/or files in
`
`said list exceeds the number of applications and files that can be presented on said
`
`display area, and if said object is moved to the top or bottom position of said display
`
`area, then lifted, replaced on said display area, and again moved to the top or bottom of
`
`said display area, the content of said display area will be replaced one whole page,
`
`meaning that if said object is position at the top of said display area, then lifted, replaced
`
`on said display area, and then again moved to the top of said display area, the content
`
`of said display area will be replaced by the preceding applications and/or files in said list
`
`(Carlson, page 253, fig. 14.15 Full Page Up).
`
`The modified Carlson in view of Wynn does not disclose expressly the user
`
`interface, characterised in that if said object is position at the bottom of said display
`
`area, then lifted, replaced on said display area, and then again moved to the bottom of
`
`said display area, the content of said display area will be replaced by the following
`
`applications and/or files in said list.
`
`At the time of the invention, it would have been an obvious matter of design
`
`choice to a person of ordinary skill in the art to modify the Full Page Up function
`
`(Carlson, page 253, fig 14.15) to work as a Full Page Down function by tapping on the
`
`bottom of the display area because Applicant has not disclosed that if said object is
`
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`position at the bottom of said display area, then lifted, replaced on said display area,
`
`and then again moved to the bottom of said display area, the content of said display
`
`area will be replaced by the following applications and/or files in said list provides an
`
`advantage, is used for a particular purpose, or solves a stated problem. One of ordinary
`
`skill in the art, furthermore, would have expected Applicant's invention to perform
`
`equally well with the modified Full Page Up function as taught by Carlson because it
`
`would only need to be implemented to scroll down instead of up, when the display area
`
`is tapped on the bottom, instead of the top.
`
`23.
`
`As per claim 11, the modified· Carlson in view of Wynn teaches the user interface
`
`according to claim 10, characterised in, that if said object is removed from a first
`
`position on said display area and then replaced on a second position on said display
`
`area, said navigation can be continued from said second position (Carlson, page 253,
`
`fig. 14. 15).
`
`Claim 13 is rejected under 35 U.S.C. 1 03(a) as being unpatentable over Carlson
`
`("Carlson", Carlson, Jeff. Visual Quickstart Guide Palm Organizers. Peachpit Press.
`
`2000. Berkeley, CA.)
`
`24.
`
`As per claim 13, Carlson teaches the user interface according to Claim 1,
`
`characterised in, that said menu area is positioned at the bottom of said touch sensitive
`
`area, that said representation of said first function is positioned at the left side of said
`
`menu area, and that said representation of said second function is positioned at the
`
`middle of said menu area.
`
`Neonode Smartphone LLC, Exhibit 2009
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`Carlson does not teach expressly that said representation of said third function is
`
`positioned at the right side of said menu area.
`
`At the time the invention was made, it would have been an obvious matter of
`
`design choice to a person of ordinary skill in the art to place the third function on the
`
`right side of the display area instead of the left, because Applicant has not disclosed
`
`that said representation of said third function is positioned at the right side of said menu
`
`area provides an advantage, is used for a particular purpose or solves a stated problem.
`
`One of ordinary skill in the art, furthermore would have expected Applicant's invention to
`
`perform equally well with the third function on the left side of the display area because
`
`the placement of the representation would not change its functionality.
`
`25.
`
`Claims 14 and 16 are rejected under 35 U.S.C. 1 03(a) as being unpatentable
`
`over Carlson ("Carlson", Carlson, Jeff. Visual Quickstart Guide Palm Organizers.
`
`Berkeley, CA: Peachpit Press, 2000) in view of Strietelmeier ("Strietelmeier",
`
`Strietelmeier, Julie. "Palm m1 00." The Gadgeteer. 2000.
`
`<http://www.the-gadgeteer.com/review/palm_m1 OO_review>).
`
`26.
`
`As per claim 14, Carlson teaches the user interface according to Claim 1,
`
`characterised in, that said user interface is adapted to a touch sensitive area and that
`
`said user interface is adapted to be operated by one hand, where said object can be a
`
`finger, such as the thumb, of a user of said computer unit (page 12, stylus ... includes
`
`fingers).
`
`However Carlson does not teach expressly a touch sensitive area with a size that
`
`is in the order of 2-3 inches.
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 14
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2174
`
`Page 14
`
`Strietelmeier teaches a user interface, characterised in, a touch sensitive area
`
`with a size that is in the order of 2-3 inches (page 4).
`
`Carlson and Strietelmeier are analogous art because they are in the same field of
`
`endeavor, namely palm-sized computer organizers.
`
`At the time of the invention it would have been obvious to a person of ordinary
`
`skill in the art to have the dimensions of a touch sensitive area as taught by
`
`Strietelmeier within the user interface of Carlson in order to provide a touch sensitive
`
`area with the manufacturer's dimensions.
`
`27.
`
`As per claim 16, Carlson teaches an enclosure according to claim 15. However,
`
`Carlson does not disclose an enclosure characterised in, that said enclosure is
`
`removable and exchangeable.
`
`Strietelmeier teaches an enclosure characterised in, that said enclosure is
`
`removable and exchangeable (page 3, you can also remove the entire face plate ...
`
`there will be different face plates available).
`
`At the time of the invention it would have been obvious to a person of ordinary
`
`skill in the art to have the customizable enclosures as taught by Strietelmeier within the
`
`enclosure of Carlson in order to tailor an enclosure to a user's preferences.
`
`28.
`
`Claim 18 is rejected under 35 U.S.C. 103(a) as being unpatentable over Carlson
`
`("Carlson", Carlson, Jeff. Visual Quickstart Guide Palm Organizers. Berkeley, CA:
`
`Peachpit Press, 2000) in view of Chew et al. ("Chew", US# 6,727,917).
`
`As per claim 18, Carlson teaches a computer readable medium according to
`
`claim 17.
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 15
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2174
`
`Page 15
`
`However Carlson does not teach expressly, that said computer program product
`
`is adapted to function as a shell upon an operations system.
`
`Chew teaches a user interface for a palm-sized computer device, characterised
`
`in, that said computer program product is adapted to function as a shell upon an
`
`operations system (column 2, lines 1-5).
`
`Carlson and Chew are analogous art because they are in the same field of
`
`endeavor, namely graphical user interfaces for hand-held personal computing devices
`
`with touch sensitive displays.
`
`At the time of the invention it would have been obvious to a person of ordinary
`
`skill in the art to modify the Carlson's program to function as shell as taught by Chew in
`
`order to efficiently display information.
`
`Conclusion
`
`29.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Hirayama et al. (US # 5,406,307) teaches a method of activating functions.
`
`Lui et al. (US # 6,833,827) teaches a keyboard function, a general application
`
`function and a file and task manager function.
`
`Yonezawa (US# 6,542,191 81) teaches a save function.
`
`Friend et al. (US# 6,052,279) teaches a customizable hand-held computer.
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 16
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2174
`
`Page 16
`
`30.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to I an M. Purcell whose telephone number is (571) 272-
`
`5755. The examiner can normally be reached on Monday- Friday 8:30- 5:00.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Kristine Kincaid can be reached on (571) 272-4063. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`lan M. Purcell
`Examiner
`
`SUPERVISe~.\ .•• :,:~~r ~·.~~-~:::;:.:.:~1
`TEC~:~~Ji..GGY Ci:,., ,·a;;r~ 2103
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 17
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
`
`

`

`Application/Control Number: 1 0/315,250
`Art Unit: 2174
`
`Page 17
`
`Neonode Smartphone LLC, Exhibit 2009
`Page 2009 - 18
`IPR2021-00144, Samsung Elecs. Co. Ltd. et al. v. Neonode Smartphone LLC
`
`

`

`Notice of References Cited
`
`Application/Control No.
`
`10/315,250
`
`Examiner
`
`lan M. Purcell
`
`Document Number
`Country Code-Number-Kind Code
`
`*
`*
`A US-6,988,246 82
`*
`B US-6,727,917 81
`*
`c US-6,734,883 81
`* D US-6,052,279
`*
`E US-6,542,191 81
`*
`F US-6,833,827 82
`* G US-5,406,307
`H US-
`US-
`
`I
`
`Date
`MM-YYYY
`
`U.S. PATENT DOCUMENTS
`
`Name
`
`01-2006
`
`Kopitzke et al.
`
`04-2004
`
`Chew et al.
`
`05-2004
`
`Wynn et al.
`
`04-2000
`
`Friend et al.
`
`04-2003
`
`Yonezawa, Hiroki
`
`12-2004
`
`Lui et al.
`
`04-1995
`
`Hirayama et al.
`
`Applicant(s)/Patent Under
`Reexamination
`GOERTZ, MAGNUS
`
`Art Unit
`
`2174
`
`Page 1 of 1
`
`Classification
`
`715/810
`
`715/765
`
`715/830
`
`361/686
`
`348/333.01
`
`345/173
`
`715/800
`
`US-
`
`J
`K US-
`L US-
`M US-
`
`*
`
`Document Number
`Country Code-Number·Kind Code
`
`Date
`MM-YYYY
`
`Country
`
`Name
`
`Classification
`
`FOREIGN PATENT DOCUMENTS
`
`N
`
`0
`p
`
`Q
`
`R
`s
`T
`
`*
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume. Pertinent Pages)
`
`u Carlson, Jeff. Visual Quickstart Guide Palm Organizers. Peachpit Press. 2000.
`47, 246 and 253.
`
`Berkel