`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FiCR PATENTS
`PQ. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`
` APPLICATION NUMBER FILING OR 371(C) DATE FIRS’) NAMED APPLICAN’ ATVY. DOCKETNO./TTTLE
`
`
`10/315,250
`
`12/10/2002
`
`23117
`NIXON & VANDERHYE, PC
`
`901 NORTH GLEBE ROAD,11TH FLOOR
`ARLINGTON, VA 22203
`
`Magnus Goertz
`
`3682-32
`CONFIRMATION NO.1226
`POA ACCEPTANCE LETTER
`
`DUA
`0090002546146
`Date Mailed: 08/05/2008
`
`NOTICE OF ACCEPTANCE OF POWER OF ATTORNEY
`
`This is in response to the Power of Attorneyfiled 03/13/2008.
`
`The Power of Attorneyin this application is accepted. Correspondencein this application will be mailed to the
`above address as provided by 37 CFR 1.33.
`
`/jelliott/
`
`
`Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
`
`page 1 of 1
`
`1
`
`EXHIBIT 1052
`Samsunget al. v. Neonode
`IPR2021-00144
`
`EXHIBIT 1052
`Samsung et al. v. Neonode
`IPR2021-00144
`
`1
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FiCR PATENTS
`PQ. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`
` APPLICATION NUMBER FILING OR 371(C) DATE FIRST NAMED APPLICANT ATTY. DOCKET NO/ITILE
`
`
`10/315,250
`
`12/10/2002
`
`23117
`NIXON & VANDERHYE, PC
`
`901 NORTH GLEBE ROAD,11TH FLOOR
`
`ARLINGTON, VA 22203
`
`Magnus Goertz
`
`3682-32
`CONFIRMATION NO.1226
`POWER OF ATTORNEYNOTICE
`
`DOTACAAAA00000002948
`
`1473
`
`Date Mailed: 08/05/2008
`
`NOTICE REGARDING CHANGE OF POWER OF ATTORNEY
`
`This is in response to the Power of Attorneyfiled 03/13/2008.
`
`«The Power of Attorney to you in this application has been revoked by the assignee who has intervened as
`provided by 37 CFR 3.71. Future correspondencewill be mailed to the new address of record(37 GFR 1.33).
`
`/jelliott/
`
`
`Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
`
`page 1 of 1
`
`2
`
`

`

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`
`4
`
`

`

`
`
`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 22313-1450
`www. uspto. gov
`
`
`
`
` TIRST NAMED INVENTOR
` APPLICATION NO.
`
`TILING DATL
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/315,250
`
`23117
`
`12/10/2002
`
`Magnus Goertz
`
`3682-32
`
`7590
`
`07/11/2008
`
`1226
`
`NIXON & VANDERITYE, PC
`901 NORTH GLEBE ROAD, 11TH FLOOR
`ARLINGTON, VA 22203
`
`PITARO, RYAN F
`
`2174
`
`MAIL DATE
`
`07/11/2008
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`5
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/315,250
`Examiner
`
`RYANF. PITARO
`
`GOERTZ, MAGNUS
`Art Unit
`
`2174 |
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`In no event, however, maya reply be timelyfiled
`after SIX (6) MONTHSfrom 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) MONTHSfrom 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 (36 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`eamedpatent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)X] Responsive to communication(s) filed on 3/14/2008.
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] Sincethis application is in condition for allowance exceptfor 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)X] Claim(s) 1-47 is/are pending in the application.
`4a) Of the above claim(s) 19-47 is/are withdrawn from consideration.
`5)L] Claim(s)
`is/are allowed.
`6)L] Claim(s) 1-18 is/are rejected.
`7) Claim(s)___ is/are objectedto.
`8)L] Claim(s)___ are subject to restriction and/or election requirement.
`
`Application Papers
`
`6) CC Other: U.S. Patent and Trademark Office
`
`9)L] The specification is objected to by the Examiner.
`10) The drawing(s) filed on___is/are: a)[_] accepted or b)[_] 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)L] The oath ordeclaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12) Acknowledgmentis made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)LJAll b)[] Some*c)Z] Noneof:
`1.0 Certified copies of the priority documents have been received.
`2.[] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof the certified copies of the priority documents have beenreceivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action foralist of the certified copies not received.
`
`Attachment(s)
`1) LC] Notice of References Cited (PTO-892)
`2) CJ Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) [] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`.
`
`4) ZC Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __
`5) [] Notice of Informal Patent Application
`
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20080623
`
`6
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 2
`
`DETAILED ACTION
`
`Response to Amendment
`
`This communication is responsive to the Amendment filed 3/14/2008.
`
`Claims 1-18 are pendingin this application. Claims 1, 15 and 17 are
`
`independent claims.
`
`Election/Restrictions
`
`Newly submitted claims 19-47 are directed to an invention that is independent or
`
`distinct from the invention originally claimed for the following reasons: Claims 19-47 are
`
`directed to distinct individual instances of sweeping motions of a particular kind in order
`
`to navigate among said predetermined display screens whereas the claimed invention is
`
`more directed to a simplified touch interface.
`
`Since applicant has received an action on the merits for the originally presented
`
`invention, this invention has been constructively elected by original presentation for
`
`prosecution on the merits. Accordingly, claims 19-47 are withdrawn from consideration
`
`as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP §
`
`821.03.
`
`7
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 3
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis forall
`
`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 obviousat 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.
`
`Claims 1, 4-7, 12, 15 and 17 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 Milic-Frayling et al (“Milic-
`
`Frayling’”, US 2004/0100510) in view of Conrad et al (“Conrad”, US 5,956,030).
`
`1.
`
`As per claim 1, Carlson teaches a computer readable medium storing a computer
`
`program with computer program code, which code, when read by a mobile computer
`
`unit allows the computer to present a userinterface for a mobile
`
`
`
`computerunit
`
`(Introduction, page xiii), where said computer unit comprises a touch sensitive area
`
`(page 26, the screen is touch sensitive), that is simultaneously divided into a menu area
`
`(page 12, fig. 1.10 silk screen graffiti area) and a display area, the computer unit is
`
`being adapted to run several applications simultaneously (page 47, all 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 areais
`
`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
`
`8
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 4
`
`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
`
`an object with its starting point within the representation of said function on said menu
`
`area and with a direction from said menu areato said display area (page 40, bottom-to-
`
`top screen stroke shortcutfig. 2.22 & page 30, drag the stylus vertically across the
`
`screen from bottom to top), said user interface allowing low precision navigation using a
`
`blunt object, whereby said user interface can be operated by one hand (page 12, “The
`
`stylus is the main method ofinteracting with the PalmPilot’ and it inherently involves
`
`one hand to use the stylus. Also, if a finger was used, that would also be considered
`
`using one hand), where said blunt object is a finger (page 12, “The stylus is the main
`
`methodof interacting’ though anything including fingers can work). Carlsonfails to
`
`distinctly point out simultaneously displaying a first, second, and third function. Milic-
`
`Frayling teaches the menu area being adapted to simultaneously present
`
`representations of a first function, a second function, and a third function (Figure 1 view
`
`Tools toolbar, with keyboard, file manager, etc.). Therefore it would have been obvious
`
`to an artisan at the time of the invention to combine the teaching of Milic-Frayling with
`
`the interface of Carlson. Motivation to do so would have been to provide away to quickly
`
`access commonfunctions and provide a user with a large enough space. The modified
`
`Carlsonstill does not explicitly point out activation by a single step of an object moving
`
`in a direction on the touch sensitive area. However, Conrad teaches activating by the
`
`9
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 5
`
`single step of an object moving in a direction from a starting point that is representation
`
`of the function in the menu areato the display area (Figure 2, Column 2 lines 15-62).
`
`Therefore it would have been obvious to an artisan at the time of the invention to
`
`combine the teaching of Venolia with the modified Carlson. Motivation to do so would
`
`have been to provide easy access to windows.
`
`2.
`
`As per claim 4, the modified Carlson teachesthe user interface according to
`
`claim 1, characterised in,
`
`that, if said second function is activated, said display area is adapted to display a
`
`keyboard andatextfield,
`
`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 (Carlson, page 30, fig
`
`2.7).
`
`3.
`
`As per claim 5, the modified Carlson teaches the userinterface 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
`
`(Carlson, page 30, fig 2.7), then
`
`said first function can be activated, or
`
`10
`
`10
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 6
`
`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 (Carlson, page 28, fig. 2.4 Beam Memo).
`
`4.
`
`As per claim 6, the modified 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 (Carlson, page
`
`47, fig. 2.35).
`
`5.
`
`As per claim 7, the modified Carlson teaches the userinterface according to
`
`claim 6, characterised in, that a selection of an application orafile is done by moving
`
`said object so that the representation of desired application orfile is highlighted,
`
`removing said object from said touch sensitive area, and then tapping on said touch
`
`sensitive area, and that an application orfile is highlighted by placing some kind of
`
`marking on the representation of said application or file (Carlson, pages 26 & 27).
`
`6.
`
`As per claim 12, the modified Carlson teaches the userinterface 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
`
`11
`
`11
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 7
`
`backed one step by moving said object from the right of said display area to the left of
`
`said display area (Carlson, page 246, fig. 14.2, Drag to scroll throughfile).
`
`7.
`
`As per claim 15, the modified 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, and that a representation of said menu areais printed on top of said
`
`enclosure (Carlson, page 12, Si/kscreen Graffiti area & fig. 1.10).
`
`8.
`
`As per claim 17, the modified Carlson teaches a computer readable medium,
`
`with a computer program productstored 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
`
`(Carlson, page 25, Palm OS).
`
`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.), Milic-Frayling et al (“Milic-Frayling’, US 2004/0100510)
`
`and Conrad et al (“Conrad”, US 5,956,030) in view of Kopitzke et al. (“Kopitzke”, US #
`
`6,988,246 B2).
`
`9.
`
`As per claim 2, the modified Carlson teachesthe user interface according to
`
`claim 1, characterized in, that, if said first function is activated, said display area is
`
`adapted to display icons representing different services or settings depending on the
`
`12
`
`12
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 8
`
`current active application (Carlson, 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 the operations system of said computer unit (Carlson, page 47,
`
`fig. 2.36, 12:11 am).
`
`Howeverthe modified Carlson does not teach expressly the user interface
`
`according to claim 1, characterizedin, 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 teachesthe user interface according to claim 1, characterized 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).
`
`The modified Carlson and Kopitzke are analogous art because they arein the
`
`same field of endeavor, namely graphical user interfaces with touch sensitive displays.
`
`Atthe time of the invention it would have becn obvious to a person of ordinary skill in the art
`
`to provide the help function as taught by Kopitzke within the user interface of the modified
`
`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
`
`13
`
`13
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 9
`
`tapping on corresponding icon (Carlson, page 26, fig. 2.1 Tapping just about any
`
`interface elementin the Palm OS evokes a response).
`
`Claims 8-11 and 13 is 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.), Milic-Frayling et al (“Milic-Frayling”, US
`
`2004/0100510) and Conradet al (“Conrad”, US 5,956,030) in view of Wynn etal.
`
`(“Wynn”, US # 6,734,883 B1).
`
`10. Asperclaim 8, the modified Carlson teaches the user interface according to
`
`claim 7. However the modified Carlson does not teach expressly the userinterface,
`
`characterizedin, 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 presentsfiles, 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 presentonly files.
`
`Wynn teachesa userinterface control, characterizedin, that said list is adapted
`
`to presentonly 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 presentsfiles, said field displays a representation of a task
`
`14
`
`14
`
`

`

`Application/Control Number: 10/315,250
`Art Unit: 2178
`
`Page 10
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`managerand a selection of said field will cause said list to alter to present only
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`applications, and that, if said list only presents applications, said field displays a
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`representation (column 3, lines 4-8, /abef 31) of a file manager and a selection of said
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`field will cause saidlist to alter and present only files (column 3, lines 15-31).
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`The modified Carlson and Wynn are analogous art because they are in the same
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`field of endeavor, namely scrolling within graphical user interfaces with touch sensitive
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`displays.
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`At the time of the invention it would have been obvious to a person of ordinary
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`skill in the art to have the selection list format as taught by Wynn within the user
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`interface of the modified Carlson in order to provide a conventional list format.
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`11. Asperclaim 9, the modifiedCarlson teaches the user interface according to claim
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`7, characterised in, that, a navigation in said list is performed by moving said object in a
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`direction towards the top of said list or towards the bottom ofsaid list, that the
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`movementof said object will cause said marking to move in the same direction
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`(Carlson, page 27, a quicker way to view thefull list is to tap and hold on the dark solid
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`portion of the scroll bar, then drag it vertically).
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`Howeverthe modified Carlson does not teach expressly that the speed of the
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`movementof said marking is lower than the speed of the movement of said object.
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`Wynn teachesa userinterface control, characterised in, that, a navigation in said
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`list is performed by moving said object in a direction towards the top of saidlist or
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`towards the bottom ofsaid list, that the movementof said object will cause said marking
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`15
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`15
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`Application/Control Number: 10/315,250
`Art Unit: 2178
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`Page 11
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`to movein the same direction (column 3, lines 32-39 & figs. 5) and that the speed of the
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`movement of said marking is lower than the speed of the movement of said object
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`(column 4, lines 24-30).
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`At the time of the invention it would have been obviousto a person ofordinary skill in the art
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`to have the scrolling function as taught by Wynn within the user interface of the
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`modifiedCarlson in order to provide a conventional selection list.
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`12. Asperclaim 10, the modified Carlson in view of Wynn teaches the userinterface
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`according to claim 9, characterisedin, that, if the numberof applications and/or files in
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`said list exceeds the numberof applications and files that can be presented on said
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`display area, and if said object is movedto the top or bottom position of said display
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`area, thenlifted, replaced on said display area, and again moved to the top or bottom of
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`said display area, the content of said display area will be replaced one whole page,
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`meaningthatif said object is positioned at the top of said display area, then lifted,
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`replaced on said display area, and then again moved to the top of said display area, the
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`content of said display area will be replaced by the preceding applications and/or files in
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`said list (Carlson, page 253, fig. 14.15 Full Page Up).
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`The modified Carlson in view of Wynn doesnot disclose expressly the user
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`interface, characterised in that if said object is positioned at the bottom of said display
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`area, thenlifted, replaced on said display area, and then again movedto the bottom of
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`said display area, the content of said display area will be replaced by the following
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`applications and/or files in said list.
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`16
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`16
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`Application/Control Number: 10/315,250
`Art Unit: 2178
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`Page 12
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`At the time of the invention, it would have been an obvious matter of design
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`choice to a personof ordinaryskill in the art to modify the Full Page Up function
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`(Carlson, page 253, fig 14.15) to work as a Full Page Downfunction by tapping on the
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`bottom of the display area because Applicant has not disclosedthat if said objectis
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`positioned at the bottom of said display area, thenlifted, replaced on said display area,
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`and then again moved to the bottom of said display area, the content of said display
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`area will be replaced by the following applications and/orfiles in said list provides an
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`advantage, is used for a particular purpose, or solves a stated problem. One ofordinary
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`skill in the art, furthermore, would have expected Applicant’s invention to perform
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`equally well with the modified Full Page Up function as taught by Carlson becauseit
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`would only need to be implemented to scroll down instead of up, when the display area
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`is tapped on the bottom, instead of the top.
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`13. Asperclaim 11, the modified Carlson in view of Wynn teaches the userinterface
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`according to claim 10, characterisedin, that if said object is removed from any first
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`position on said display area and then replaced on any second position on said display
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`area, said navigation can be continued from said second position (Carlson, page 253,
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`fig. 14.15).
`
`Claim 13 is rejected under 35 U.S.C. 103(a) as being unpatentable over Carlson
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`(“Carlson”, Carlson, Jeff. Visual Quickstart Guide Palm Organizers. Peachpit Press.
`
`17
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`17
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`Application/Control Number: 10/315,250
`Art Unit: 2178
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`Page 13
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`2000. Berkeley, CA.) Milic-Frayling et al (“Milic-Frayling”, US 2004/0100510) and
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`Conrad et al (“Conrad”, US 5,956,030).
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`14. Asperclaim 13, the modified Carlson teaches the user interface according to
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`Claim 1, characterised in, that said menu area is positioned at the bottom of said touch
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`sensitive area, that said representation of said first function is positioned at the left side
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`of said menu area, and that said representation of said second function is positioned at
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`the middle of said menu area.
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`The modified Carlson does not teach expressly that said representation of said
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`third function is positioned at the right side of said menu area.
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`At the time the invention was made, it would have been an obvious matter of
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`design choice to a person of ordinary skill in the art to place the third function on the
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`right side of the display area instead of the left, because Applicant has not disclosed
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`that said representation of said third function is positioned at the right side of said menu
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`area provides an advantage, is used for a particular purpose or solves a stated problem.
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`One of ordinary skill in the art, furthermore would have expected Applicant’s invention to
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`perform equally well with the third function on the left side of the display area because
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`the placementof the representation would not change its functionality.
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`Claims 14 and 16 are 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), Milic-Frayling et al (“Milic-Frayling”, US
`
`18
`
`18
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`

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`Application/Control Number: 10/315,250
`Art Unit: 2178
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`Page 14
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`2004/0100510) and Conrad et al (““Conrad”, US 5,956,030) in view of Strietelmeier
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`(“Strietelmeier”, Strietelmeier, Julie. “Palm m100.” The Gadgeteer. 2000.
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`<http:/Awww.the-gadgeteer.com/review/palm_m100_review>).
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`15. Asperclaim 14, the modified Carlson teaches the user interface according to
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`Claim 1, characterised in, that said user interface is adapted to a touch sensitive area
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`and that said user interface is adapted to be operated by one hand, where said object
`
`can be a finger (page 12, sty/us...includes fingers).
`
`Howeverthe modified Carlson does not teach expressly a touch sensitive area
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`with a size that is in the order of 2-3 inches.
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`Strietelmeier teaches a user interface, characterised in, a touch sensitive area
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`with a size thatis in the order of 2-3 inches (page 4).
`
`The modified Carlson and Strietelmeier are analogous art becausetheyare in
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`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
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`Strietelmeier within the user interface of the modified Carlson in order to provide a touch
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`sensitive area with the manufacturer’s dimensions.
`
`16. Asperclaim 16, the modified Carlson teaches the e
`
` = according to claim
`
`15. However, the modified Carlson does not disclose the enclosure characterised in,
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`that said §
`
`19
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`19
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`

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`Application/Control Number: 10/315,250
`Art Unit: 2178
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`Page 15
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`Strietelmeier teaches an enclosure characterised in, that said
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`
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` and exchangeable (page 3, you can also remove the entire face plate...
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`there will be different face plates available).
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`At the time of the invention it would have been obvious to a person of ordinary
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`skill in the art to have the customizable enclosures as taught by Strietelmeier within the
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`enclosure of the modified Carlson in order to tailor an enclosure to a user’s preferences.
`
`17.
`
`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), Milic-Frayling et al (“Milic-Frayling”, US 2004/0100510) and
`
`Conrad etal (“Conrad”, US 5,956,030) in view of Chew etal. (“Chew”, US # 6,727,917).
`
`18. Asperclaim 18, the modified Carlson teaches a computer readable medium
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`according to claim 17.
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`Howeverthe modified Carlson does not teach expressly, that said computer
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`program product is adapted to function as a shell upon an operations system.
`
`Chew teaches a userinterface for a palm-sized computer device, characterized
`
`in, that said computer program product is adapted to function as a shell upon an
`
`operations system (column 2, lines 1-5).
`
`The modified 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.
`
`20
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`20
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`Application/Control Number: 10/315,250
`Art Unit: 2178
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`Page 16
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`At the time of the invention it would have been obvious to a person of ordinary
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`skill in the art to further modify the modified Carlson program to function as shell as
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`taught by Chew in order to efficiently display information.
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`Response to Arguments
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`The Examiner reviewed the demonstration as encouraged by the Applicant. In
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`light of the video demonstration, the Examiner can now see the difference between the
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`prior art of record and the present application. With that being said the Examiner feels
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`that the limitations, as claimed, were reasonably interpreted and the current limitations
`
`are still too broad to suggest without research what was shown in the video
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`demonstration. For instance Conrad teaches as pointed out by applicant clicking a
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`window in a menu