throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Admiss. COMIMISSIONER FOR PATENTS
`PO Rm’ IA“)
`Alexandria, Virginia 22313-1450
`wvwwspto.gov
`APPLICATION NUMBER
`FILING OR 371(le DATE
`FIRST NAVIED APPLICANT
`ATTY. DOCKET NOJTITLE
`
`12/170,939
`07/10/2008
`Yves Behar
`L2039—7001 10
`CON FIRMATION NO. 1986
`POA ACCEPTANCE LETTER
`
`23628
`WOLF GREENFIELD & SACKS, RC.
`600 ATLANTIC AVENUE
`BOSTON, MA 02210—2206
`
`ii||||||||||||||||||i|||iiili||||||||i||||||||i||i||ii||fl|||i|ilil|llii||||||||ii|||||||
`0000
`000
`8 82 8 7
`Date Mailed: 03/31/2016
`
`NOTICE OF ACCEPTANCE OF POWER OF ATTORNEY
`
`This is in response to the Power of Attorney filed 03/18/2016.
`
`The Power of Attorney in this application is accepted. Correspondence in this application will be mailed to the
`above address as provided by 37 CFR 1.33.
`
`Questions about the contents of this notice and the
`requirements it sets forth should be directed to the Office
`of Data Management, Application Assistance Unit, at
`(571) 272-4000 or (571) 272-4200 or 1-888-786-0101.
`
`/tpetros/
`
`
`
`page 1 of 1
`
`Page 1
`Lenovo EX-1002,
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMFNT OF COMMERCE
`United States Patent and Trademark Office
`Admiss. COMIMISSIONER FOR PATENTS
`PO Rmr 1430
`Alexandria, Virginia 22313-1450
`wvmmspto.gov
`APPLICATION NUMBER
`FILING OR 371(C) DATE
`FIRST NANIED APPLICANT
`ATTY. DOCKET NOJTITLE
`
`12/1 70,939
`07/ 10/2008
`Yves Behar
`L2039—7001 10
`CONFIRMATION NO. 1986
`POWER OF ATTORNEY NOTICE
`
`23628
`WOLF GREENFIELD & SACKS, RC.
`600 ATLANTA; AVENUE
`BOSTON, MA 02210—2206
`
`llll|l|||llll||ll|||l|llllfllLllllllllllLlllllllllllllllllllll|||||||llll||l||||
`Date Mailed: 03/31/2016
`
`NOTICE REGARDING CHANGE OF POWER OF ATTORNEY
`
`This is in response to the Power of Attorney filed 03/18/2016.
`
`- The Power of Attorney to you in this application has been revoked by the assignee who has intervened as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 correspondence will be mailed to the new address of record(37 CFR 1.33).
`
`Questions about the contents of this notice and the
`requirements it sets forth should be directed to the Office
`of Data Management, Application Assistance Unit, at
`(57]) 272-4000 or (571) 272-4200 or 1-888-786-0101.
`
`/tpetros/
`
`
`
`page 1 of 1
`
`Page 2
`Lenovo EX-1002,
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

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`Lenovo EX-1002,
`|PR2021-00681 (Lenovo Inc. v. LiTI LLC.)
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`5301 Swissth Street
`Emma, MA (3121 i6
`
`Lenovo EX-1002,
`
`

`

`Electronic Acknowledgement Receipt
`
`Title of Invention:
`
`PORTABLE COMPUTER WITH MULTIPLE DISPLAY CONFIGURATIONS
`
`
`
`“ Edward J. Russavage/Sara Sikorski
`
`First Named Inventor/Applicant Name.
`
`Yves Behar
`
`Payment information:
`
`Submitted with Payment
`
`File Listing:
`
`Information:
`
`Document
`Number
`
`Document Descri
`
`tion
`
`p
`
`File SizelBytes)I
`Message Digest
`
`Pages
`Multi
`Part /.zip (if appl.)
`
`Assignee showing of ownership per 37
`CFR 3.73
`
`L203970001 U501 —373—EJR.pdf
`
`aI195312f7139ae0e8315ie211553fl501Id
`3beb
`
`Page 4
`Lenovo EX-1002,
`|PR2021-00681 (Lenovo Inc. v. LiT| LLC.)
`
`Lenovo EX-1002,
`
`

`

`Power of Attorney
`
`L203990000USOO—prePOA—EJ R.
`pdf
`
`HfffifUllal 807217Efi§85tatlb8d3234lftsa
`7d1
`
`326446
`
`the application.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`
`Total Files Size (in bytes)
`
`352257
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C.111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)—(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/D0/EOI903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`Page 5
`Lenovo EX-1002,
`|PR2021-00681 (Lenovo Inc. v. LiTI LLC.)
`
`Lenovo EX-1002,
`
`

`

`PTO/SB/96 (07-09)
`Approved for use through 07/31/2012. OMB 065170031
`US. Patent and Trademark Office: US. DEPARTMENT OF COMMERCE
`Under the Pa-erwork Reduction Act of 1995, no nersons are r-nuired to res-0nd to a collection of information unless it dis-la s a valid OMB control number.
`
`STATEMENT UNDER 37 CFR 3.73fbl
`
`Applicant/Patent Owner:
`
`
`LiTL LLC
`
`
`October 16, 2012
`
`Filed/Issue Date:
`8,289,688
`Application No./Patent No.:
`Titled:
`PORTABLE COMPUTER WITH MULTIPLE DISPLAY CONFIGURATIONS
`
`system in accordance with 37 CFR § 1.6(a)(4).
`
`
`LiTL LLC
`, a
`Corporation
`(Type of Assignee, e.g., corporation, partnership, university, government agency, etc.)
`(Name of Assignee)
`states that it is:
`
`1.
`
`the assignee of the entire right, title, and interest in;
`
`2. I: an assignee of less than the entire right, title, and interest in
`(The extent (by percentage) of its ownership interest is
`
`%); or
`
`3. D an assignee of an undivided interest in the entirety of (a complete assignment from one of the joint inventors was made)
`the patent application/patent identified above by virtue of either:
`
`A. D An assignment from the inventor(s) of the patent application/patent identified above. The assignment was
`recorded in the United States Patent and Trademark Office at Reel
`,
`Frame
`, or for which a copy thereof is attached.
`
`OR
`
`B. a A chain of title from the inventor(s), of the patent application/patent identified above, to the current assignee as follows:
`
`1. From:
`Yves Behar
`To:
`AQUENT LLC
`‘he document was recorded in the United States Patent and Trademark Office at
`Reel
`021804
`, Frame
`0011
`, or for which a copy thereof is attached.
`
`
`
`AOUENT LLC
`To:
`Joshua Morenstein
`2. From:
`"he document was recorded in the United States Patent and Trademark Office at
`Reel
`021804
`, Frame
`0011
`, or for which a copy thereof is attached.
`
`AQUENT LLC
`To:
`Christopher Hibmacronan
`3. From:
`"he document was recorded in the United States Patent and Trademark Office at
`Reel
`021804
`, Frame
`0011
`, or for which a copy thereof is attached.
`
`Additional documents in the chain of title are listed on a supplemental sheet(s).
`
`As required by 37 CFR 3.73(b)(1)(i), the documentary evidence of the chain of title from the original owner to the
`assignee was, or concurrently is being, submitted for recordation pursuant to 37 CFR 3.11.
`
`[NOTE: A separate copy (i.e., a true copy of the original assignment document(s)) must be submitted to Assignment
`Division in accordance with 37 CFR Part 3, to record the assignment in the records of the USPTO. m MPEP 302.08]
`
`The undersigned (whose title is supplied below) is authorized to act on behalf of the assignee.
`
`/Edward J. Russavage/
`3/17/2016
`Signature
`Date
`
`Edward J. Russavage
`Attorney for Assignee
`Printed or Typed Name
`Title
`
`Certificate of Electronic Filing Under 37 CFR 1.8
`I hereby certify that this paper (along with any paper referred to as being attached or enclosed) is being transmitted Via the Office electronic filing
`
`Dated: March 18, 2016
`
`Electronic Signature for Sara A. Sikorski:
`
`/'Sara A. Sikorski/
`
`ATTORNEY DOCKET NO. L2039.70001 U801
`
`PAGE 1 OF 2
`
`46103531
`
`Page 6
`Lenovo EX-1002,
`IPR2021-00681 (Lenovo Inc. v. LiTI LLC.)
`
`Lenovo EX-1002,
`
`

`

`PTO/SB/96 (07-09)
`Approved for use through 07/31/2012. OMB 065170031
`US. Patent and Trademark Otfice: US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`STATEMENT UNDER 37 CFR 3.73m - Supglemental Sheet
`
`Continuation of chain of title from the inventor(s) to the current assignee.
`
`AOUENT LLC
`To:
`Naoya Edahiro
`4. From:
`The document was recorded in the United States Paten and Trademark Office at
`Reel
`021804
`, Frame
`0011
`, or for wh'ch a copy thereof is attached.
`
`AOUENT LLC
`To:
`Matthew David Day
`"he document was recorded in the United States Paten and Trademark Office at
`Reel
`021804
`, Frame
`0011
`, or for wh'ch a copy thereof is attached.
`
`AQUENT LLC
`. From:
`To:
`LiTL LLC
`The document was recorded in the United States Patent and Trademark Office at
`
`Reel
`
`023871
`
`, Frame
`
`0867
`
`, or for wh'ch a copy thereof is attached.
`
`To:
`"he document was recorded in the United States Paten and Trademark Office at
`, Frame
`, or for wh'ch a copy thereof is attached.
`
`To:
`"he document was recorded in the United States Paten and Trademark Office at
`, Frame
`, or for wh'ch a copy thereof is attached.
`
`To:
`"he document was recorded in the United States Patent and Trademark Office at
`
`
`
`
`
`
`Reel
`
`, Frame
`
`, or for wh'ch a copy thereof is attached.
`
`To:
`. From:
`The document was recorded in the United States Paten and Trademark Office at
`Reel
`, Frame
`, or for wh'ch a copy thereof is attached.
`
`To:
`. From:
`The document was recorded in the United States Paten and Trademark Office at
`Reel
`, Frame
`, or for wh'ch a copy thereof is attached.
`
`To:
`. From:
`The document was recorded in the United States Patent and Trademark Office at
`
`Reel
`
`, or for wh'ch a copy thereof is attached.
`, Frame
`
`To:
`. From:
`The document was recorded in the United States Patent and Trademark Office at
`
`Reel
`
`, Frame
`
`, or for wh'ch a copy thereof is attached.
`
`To:
`. From:
`The document was recorded in the United States Paten and Trademark Office at
`Reel
`, Frame
`, or for wh'ch a copy thereof is attached.
`
`To:
`. From:
`The document was recorded in the United States Paten and Trademark Office at
`Reel
`, Frame
`, or for wh'ch a copy thereof is attached.
`
`ATTORNEY DOCKET NO. L2039.70001 U801
`
`PAGE 2 OF 2
`
`46103531
`
`Page 7
`Lenovo EX-1002,
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`\\
`
`M2 UNITED STATES PATENT AND TRADEMARK OFFICE
`’1
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Admiss. COMIMISSIONER FOR PATENTS
`PO Rm’ lAiO
`
`Alexandria, Vn'gima 22313-1450
`wkuuspto.gov
`FILE WRAPPER LOCATION
`GROUP ART UNIT
`PATENT NUMBER
`APPLICATION NUMBER
`
`
`12/170,939
`
`8289688
`
`2835
`
`9200
`
`HullmummuIllmwmmwnuunumnlmm
`
`Correspondence Address/Fee Address Change
`
`The following fields have been set to Customer Number 23628 on 02/05/2016
`- Correspondence Address
`- Maintenance Fee Address
`
`The address of record for Customer Number 23628 is:
`
`23628
`WOLF GREENFIELD & SACKS, P.C.
`600 ATLANTIC AVENUE
`BOSTON, MA 02210-2206
`
`PART 1
`
`— ATTORNEY/APPLICANT COPY
`page 1 of 1
`
`Page 8
`Lenovo EX-1002,
`|PR2021-00681 (Lenovo Inc. v. LiTI LLC.)
`
`Lenovo EX-1002,
`
`

`

`I hereby certify that this paper (along with any paper reterred to as being attached
`or enciosed) is being transmitted via the Office electronic filing system in
`accordance with S7 CFR§ l 6(a)(4)
`
`(PATENT)
`
`Dated: W
`Electronic Signature tor Matthew H. Grady: Matthew H. Grady/
`
`Docket No: L2039-700110
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`In re Patent Application of:
`Yves Behar et al.
`
`Application No.: 12/170,939
`
`Confirmation No.: 1986
`
`Filed: July 10, 2008
`
`Art Unit: 2835
`
`PORTABLE COMPUTER WITII MULTIPLE
`For:
`DISPLAY CONFIGURATIONS
`
`Examiner: A. S. Wilson
`
`LETTER
`
`Commissioner for Patents
`PO. BOX 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`The attention of the Patent and Trademark Office is hereby directed to the
`
`PTO/SB/08 and Information Disclosure Statement Transmittal Letter submitted on July 9, 2012.
`
`Due a clerical error, the incorrect Office Action (Office Action L203 9-7001 11 dated April 4,
`
`2011, Serial No. 12/170,951), was cited in an after Allowance IDS, with an accompanying
`
`statement directed to the incorrect Office Action. The April 4, 201 1 Office Action was
`
`previously cited to the Office on April 29, 2011.
`
`Applicant intended to submit and make the accompanying statement with respect to
`
`the Office Action L2039-700111, Serial No. 12/ 170,951 dated June 7, 2012, a copy of which
`
`accompanies this submission for the convenience of the Office. Applicant respectfully
`
`withdraws the statement submitted on July 9, 2012 with respect to the incorrect Office Action.
`
`It is Applicant’s understanding that all of the references in July 9, 2012 Office Action have been
`
`cited to the Office and Application Serial No. 12/170,951 has been cited as a related Application,
`
`in the present matter. Thus, Applicant believes no further action is required.
`
`1410493.1
`
`Page 9
`Lenovo EX-1002,
`|PR2021-00681 (Lenovo Inc. v. LiTI LLC.)
`
`Lenovo EX-1002,
`
`

`

`Application No: 12/170,939
`
`2
`
`Docket No.: 12039—7001 10
`
`It is Applicant’s understanding that no fee is occasioned by this submission. If this
`
`submission is not considered timely filed and if a request for an extension of time is otherwise
`
`absent, Applicant hereby requests any necessary extension of time.
`
`If there is a fee occasioned
`
`by this submission, including an extension fee that is not covered by an accompanying payment,
`
`please charge any deficiency to Deposit Account No. 50/2762, ref. no, L2039-700110.
`
`Dated: October 10, 2012
`
`Respectfully submitted,
`
`/Matthew H. Grady/
`
`Electronic signature:
`Matthew 11. Grady
`Registration No.: 52,957
`LANDO & ANASTASI LLP
`Riverfront Office Park
`One Main Street
`Suite 1100
`
`Cambridge, Massachusetts 02142
`(617) 395-7000
`Attorney for Applicant
`
`1410493.1
`
`Lenovo EX-1002, Page 10
`|PR2021-00681 (Lenovo Inc. v. LiTI LLC.)
`
`Lenovo EX-1002,
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTNJENT OF CONIIVIERCE
`United States Patent and Trademark Oflice
`Address: COMMISSIONER FOR PATENTS
`P O Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`FILING DATE
`FIRST NAMED INVENTOR
`ATTORNEY DOCKET NO.
`CONFIRIVIATION NO.
`
`12/170951
`07/10/2008
`Yves Behar
`L2039-700111
`
`7590
`37452
`LANDO&ANASTASI,LLP
`ONE MAIN STREET, SUITE 1100
`CAMBRIDGE, MA 02142
`
`06/07/2012
`
`ABEBE, SOSINA
`PAPER NUMBER
`
`ART UNTT
`
`2629
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/07/2012
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent eIectronicalIy on above-indicated "Notification Date" to the
`following e—mail address(es):
`
`docketing @LALaw.com
`gengelson @LALaw.com
`
`PT0L790A (Rev. 04/07)
`
`Lenovo EX-1002, Page 11
`|PR2021-00681 (Lenovo Inc. v. LiT| LLC.)
`
`Lenovo EX-1002,
`
`

`

`
`Application No.
`Applicant(s)
`
`12/170,951
`
`BEHAR ET AL.
`
`Office Action Summary
`
`Examine,
`
`A" Unit
`
`
`
`— The MAILING DA TE of 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 oftime may be avaIIabIe under the provisions of 37 CFR1. 136(a).
`In no event however may a reply be timely filed
`after SIX () 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. § 153).
`Any reply received by the Office laterthan three months after the mailing date of this communication, even Iftimely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 704(b).
`
`Status
`
`1)IXI Responsive to communication(s) filed on 22 March 2012.
`
`2a)|:l This action is FINAL.
`
`2b)|XI This action is non-final.
`
`3)I:l An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| 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 Quay/e, 1935 CD. 11,453 QC. 213.
`
`Disposition of Claims
`
`5)IZI Claim(s) 1—8 and 10—24 is/are pending in the application.
`5a) Of the above Claim(s) _ is/are withdrawn from consideration.
`
`6)|:| Claim(s)_ is/are allowed.
`7)IZI Claim(s) 1 -8 and 10-24 is/are rejected.
`
`8)I:I Claim(s)_ is/are objected to.
`9)I:| Claim(s)_ are subject to restriction and/or election requirement.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11)|:| The drawing(s) filed on _ is/are: a)I:I 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).
`
`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO—152.
`
`Priority under 35 U.S.C. § 119
`
`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`b)I:I Some * c)I:I None of:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`
`2.|:I Certified copies of the priority documents have been received in Application No. _
`
`3.|:I 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)
`
`
`
`
`
`4) I] Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper NOISI/Ma“ Dale- _
`2) D Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/Os)
`5) I:I Notice of Informal Patent Application
`Paper No(s)/Mai| Date M2012.
`6)I:l Other:—
`
`U.S Patent and Trademark Otfice
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20120522
`
`Lenovo EX-1002, Page 12
`IPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`Application/Control Number: 12/170,951
`Art Unit: 2629
`
`Page 2
`
`DETAILED ACTION
`
`Continued Examination Under 37 CFR 1. 114
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March
`
`22, 2012 has been entered.
`
`Response to Arguments
`
`This is in response to applicant’s communication filed on 22 March 2012,
`
`wherein: claims 1 — 8 and 10 - 21 are currently pending. Claims 1, 7, 8, 13, 18 and 21
`
`have been amended. Claims 22 - 24 have been added. Claim 9 has been cancelled.
`
`Applicant’s arguments filed on March 22, 2012 with respect to claims 1 — 8 and
`
`10 - 24 have been fully considered but are moot in view of the new ground(s) of
`
`rejection.
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`1.
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`and to prevent possible harassment by multiple assignees. A nonstatutory
`obviousness-type double patenting rejection is appropriate where the conflicting claims
`are not identical, but at least one examined application claim is not patentably distinct
`from the reference claim(s) because the examined application claim is either anticipated
`by, or would have been obvious over, the reference claim(s). See, 9.9., In re Berg, 140
`F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29
`USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir.
`
`Lenovo EX-1002, Page 13
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`Application/Control Number: 12/ 170,951
`Art Unit: 2629
`
`Page 3
`
`1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thoringz‘on, 418 F.2d 528, 163
`USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`double patenting ground provided the conflicting application or patent either is shown to
`be commonly owned with this application, or claims an invention made as a result of
`activities undertaken within the scope of a joint research agreement.
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`37 CFR 3.73(b).
`
`2.
`
`Claims 7, 1O -11 and 22 - 24 of Application No. 12/170,951 are provisionally
`
`rejected on the ground of nonstatutory obviousness-type double patenting as being
`
`unpatentable over claims 13, 26, 27, 29 and 34 of copending Application No.
`
`12/170,939.
`
`
`Claim 7 of Current Application 12/170,951
`
`Claim 13 of Application 12/170,939
`
`A portable computer configurable
`
`A portable computer configurable between
`
`between a plurality of display modes
`
`a plurality of modes including a laptop
`
`including a laptop mode and an easel
`
`mode and an easel mode, the portable
`
`mode, the portable computer comprising:
`
`computer comprising:
`
`couple the single display component to the
`
`a base including a keyboard;
`
`a single display component;
`
`a base including an integrated keyboard;
`
`a single display component rotatably
`
`coupled to the base and including a screen
`
`which displays content;
`
`a hinge assembly disposed at least
`
`a hinge assembly configured to rotatably
`
`Lenovo EX-1002, Page 14
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`Application/Control Number: 12/170,951
`Art Unit: 2629
`
`
`Page 4
`
`partially within the base and the display
`
`base, wherein the hinge assembly is at
`
`component that defines an axis of rotation
`
`least partially housed within the base and
`
`about which both the base and the display
`
`the single display component, and defines
`
`component are rotatable to transition the
`
`a longitudinal axis running along an
`
`portable computer between the laptop
`
`interface between the single display
`
`mode and the easel mode, wherein;
`
`component and the base;
`
`the laptop mode is configured to
`
`display to a user on the single display
`
`component a first content mode having a
`
`first content display orientation with the
`
`wherein the hinge assembly is configured
`
`to permit the rotation of the single display
`
`component and the base about the
`
`longitudinal axis to configure the portable
`
`computer between a laptop mode and an
`
`single display component oriented towards
`
`the user and the keyboard oriented to
`
`easel mode;
`
`receive input from the user;
`
`the easel mode is configured to
`
`wherein in the easel mode the single
`
`display to a user on the single display
`
`display component is oriented facing the
`
`component a second content mode having
`
`operator with the keyboard oriented away
`
`a second content display orientation with
`
`from the operator; and
`
`the single display component oriented
`
`towards the user and the keyboard
`
`oriented away from the user, wherein the
`
`
`Lenovo EX-1002, Page 15
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`Application/Control Number: 12/170,951
`Art Unit: 2629
`
`
`Page 5
`
`first and second content display
`
`orientations are 180 degrees relative to
`
`each other; and
`
`a scroll wheel accessible in each of the
`
`at least one integrated navigation
`
`plurality of display modes and configured
`
`hardware control configured to control
`
`to permit a user to manipulate at least one
`
`features and manipulate content displaced
`
`of operating parameters of the portable
`
`on the portable computer, wherein at least
`
`computer and the content displayed on the
`
`one of the least one integrated navigation
`
`screen.
`
`hardware control is accessible in each of
`
`the plurality of modes including when the
`
`keyboard is inaccessible or oriented away
`
`from the user.
`
`
`
`Claim 10, a first navigation button user-
`
`Claim 26, at least one integrated
`
`accessible in each of the laptop mode and
`
`navigation hardware control, wherein at
`
`the easel mode, and configured to permit
`
`least one integrated navigation hardware
`
`the user to manipulate selected content
`
`control accessible in at least the laptop
`
`displayed on the screen.
`
`and easel modes, and wherein the
`
`integrated navigation hardware can be
`
`Claim 11, wherein the first navigation
`
`operated by a user to control features and
`
`button is configured to permit the user to
`
`manipulate content displayed on the
`
`select for display one of the plurality of
`
`portable computer, including any mode
`
`modes of content.
`
`wherein the keyboard is inaccessible or
`
`Lenovo EX-1002, Page 16
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`Application/Control Number: 12/170,951
`Art Unit: 2629
`
`
`Page 6
`
`oriented away from the user.
`
`
`
`Claim 22, wherein the plurality of modes
`
`Claim 27, wherein the plurality of modes
`
`includes a frame mode in which the single
`
`includes a frame mode in which the single
`
`display component is oriented towards the
`
`display component is oriented towards the
`
`operator, the base contacts a substantially
`
`operator, the base contacts a substantially
`
`horizontal surface, and the keyboard is
`
`horizontal surface, and the keyboard is
`
`directed towards the substantially
`
`directed towards the substantially
`
`horizontal surface.
`
`horizontal surface.
`
`Claim 23, wherein the frame mode is
`
`Claim 34, wherein the act of configuring
`
`configured to display to a user on the
`
`the content orientation include an act of
`
`single display component the first content
`
`displaying the visual display in the first
`
`mode having the first content display
`
`content orientation of the content for the
`
`orientation.
`
`frame mode.
`
`Claim 24, wherein the portable computer is
`
`Claim 29, a protection module configured
`
`configured to prevent the portable
`
`to prevent keyboard operation when the
`
`computer from responding to keyboard
`
`portable computer is configured in the
`
`frame mode.
`
`input when the portable computer is in the
`
`fame mode.
`
`Lenovo EX-1002, Page 17
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`Application/Control Number: 12/170,951
`Art Unit: 2629
`
`Page 7
`
`Copending Application No. 12/170,939 rejected with Nishiyama
`
`“5,436,954”.Nobuchi and Aarras as a whole fail to teach Application No. 12/170,951
`
`claims 1, 7 and 13, a scroll wheel disposed at least partially within the base and
`
`rotatable about the longitudinal axis, the scroll wheel configured to permit a user to
`
`control at least one of operating parameters of the portable computer and content
`
`displayed on the display screen.
`
`However, Nishiyama discloses a scroll wheel (scroll wheel is equivalent to selector
`
`8 in fig. 1) disposed at least partially within the base and rotatable about the longitudinal
`
`axis, the scroll wheel (8) configured to permit a user to control at least one of operating
`
`parameters of the portable computer and content displayed on the display screen. (col.
`
`4; lines 21 — 26)
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to modify the display orientation of Nobuchi and the easel mode taught in
`
`figures 8 & 19 of Aarras to further include the scroll wheel of Nishiyama to allow the
`
`user easily select or view information.
`
`This is a provisional obviousness-type double patenting rejection.
`
`Claim Rejections - 35 USC § 103
`
`3. 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:
`
`Lenovo EX-1002, Page 18
`lPR2021-00681 (Lenovo Inc. v. LiTl LLC.)
`
`Lenovo EX-1002,
`
`

`

`Application/Control Number: 12/ 170,951
`Art Unit: 2629
`
`Page 8
`
`(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. Patcntability shall not be negativcd by the
`manner in which the invention was made.
`
`The factual inquiries set forth in Graham V. llohn Deere Co., 383 US. l, 148 USPQ 459
`(1966 i, that are applied for establishing a background for determining obviousness under
`35 U.S.C. 103(a) are summarized as follows:
`(See MPEP Ch. 2141)
`
`sosf.”
`
`Determining the scope and contents of the prior art;
`Ascertaining the differences between the prior art and the claims in issue;
`Resolving the level of ordinary skill in the pertinent art; and
`Evaluating evidence of secondary considerations for indicating obviousness or
`nonobviousness.
`
`4. Claims 1 - 8, 1O - 24 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Nobuchi “US 6,492,974” in view of Aarras “US
`
`2006/0264243” and further in view of Nishiyama “5,436,954”.
`
`Re-Claim 1, Nobuchi teaches a portable computer comprising: (fig. 1)
`
`a base (fig. 1; 1) including a keyboard (2);
`
`a single display component (3) rotatably cou

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