`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`GOOGLE LLC,
`
`Petitioner,
`
`v.
`
`NEONODE SMARTPHONE LLC,
`
`Patent Owner.
`
`_________________
`
`Case No. IPR2021-01041
`U.S. Patent No. 8,095,879
`
`____________________
`
`
`DECLARATION OF JACOB O. WOBBROCK, PH.D.
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`Declaration of Jacob O. Wobbrock, Ph.D.
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`IPR2021-01041
`U.S. Patent No. 8,095,879
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`TABLE OF CONTENTS
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`INTRODUCTION ......................................................................................... 10
`I.
`II. QUALIFICATIONS ...................................................................................... 11
`A.
`Education ............................................................................................. 12
`B. Work Experience ................................................................................. 13
`III. MATERIALS CONSIDERED ...................................................................... 22
`IV. LEGAL STANDARDS ................................................................................. 24
`V.
`LEVEL OF ORDINARY SKILL IN THE ART ........................................... 27
`VI. CLAIM CONSTRUCTION .......................................................................... 28
`VII. BACKGROUND OF THE ’879 PATENT ................................................... 30
`VIII. GROUNDS OF UNPATENTABILITY ........................................................ 33
`IX. CLAIMS 1-7, 9, 12, 13, and 15-17 WOULD HAVE BEEN
`OBVIOUS TO ONE SKILLED IN THE ART BASED ON THE
`PRIOR ART IN GROUNDS 1-6................................................................... 34
`A.
`[Ground 1] Claims 1-5, 13, and 15-17 are rendered obvious by
`Robertson and Maddalozzo ................................................................. 34
`1.
`Overview of Robertson ............................................................. 35
`a.
`Robertson Was Distributed to Persons of Ordinary
`Skill ................................................................................. 41
`Overview of Maddalozzo .......................................................... 44
`Independent Claim 1 ................................................................. 45
`a.
`[1Preamble] “A non-transitory computer readable
`medium storing a computer program with
`computer program code, which, when read by a
`mobile handheld computer unit, allows the
`computer to present a user interface for the mobile
`
`2.
`3.
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`2
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`ii.
`
`b.
`
`c.
`
`d.
`
`e.
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`handheld computer unit, the user interface
`comprising:” ................................................................... 45
`i.
`Motivation to implement Robertson’s user
`interface in a mobile handheld computer unit ...... 50
`Expectation of success in implementing
`Robertson on mobile handheld computer
`units ...................................................................... 54
`[1a] “a touch sensitive area in which a
`representation of a function is provided,” ...................... 56
`[1b] “wherein the representation consists of only
`one option for activating the function and” .................... 61
`[1c] “wherein the function is activated by a multi-
`step operation comprising (i) an object touching
`the touch sensitive area at a location where the
`representation is provided and then (ii) the object
`gliding along the touch sensitive area away from
`the touched location,” ..................................................... 63
`[1d] “wherein the representation of the function is
`not relocated or duplicated during the gliding.” ............. 69
`[Claim 2] “wherein the function, when activated, causes
`the user interface to display icons representing different
`services or settings for a currently active application.” ............ 70
`i.
`Motivation to display icons representing
`services or settings ............................................... 74
`Expectation of success in displaying icons
`representing services or settings ........................... 76
`[Claim 3] “wherein the user interface is characterised in,
`that a selection of a preferred service or setting is done by
`tapping on a display icon corresponding to the preferred
`service or setting.”..................................................................... 77
`
`4.
`
`5.
`
`ii.
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`3
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`i.
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`ii.
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`ii.
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`6.
`
`7.
`
`8.
`
`9.
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`Motivation to tap an icon to select a setting
`or service .............................................................. 78
`Expectation of success in tapping an icon to
`select a setting or service ...................................... 79
`[Claim 4] “wherein the function, when activated, causes
`the user interface to display a keyboard and a text field.” ........ 80
`i.
`Motivation to display a touch-sensitive
`keyboard with the text fields ................................ 84
`Expectation of success in displaying a
`touch-sensitive keyboard with the text fields ....... 84
`[Claim 5] “wherein said text field is used for inputting
`and editing of text through said keyboard.” .............................. 85
`[Claim 13] “wherein the user interface is characterised in,
`that said representation of said function is located at the
`bottom of said touch sensitive area.” ........................................ 86
`[Claim 15] “characterised in, that said computer program
`code is adapted to function as a shell upon an operating
`system.” ..................................................................................... 88
`[Claim 16] “wherein the representation is finger-sized.” ......... 89
`i.
`Motivation to use finger-sized buttons ................. 90
`ii.
`Expectation of success in displaying finger-
`sized buttons ......................................................... 91
`[Claim 17] “wherein the location where the
`representation is provided does not provide touch
`functionality for a different function.” ...................................... 92
`[Ground 2] Claims 6, 7, and 9 are rendered obvious by
`Robertson, Maddalozzo, and Vayda ................................................... 94
`1.
`Overview of Vayda ................................................................... 94
`
`10.
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`11.
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`B.
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`ii.
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`[Claim 6] “wherein the function, when activated, causes
`the user interface to display a list with a library of
`available applications and files on the mobile handheld
`computer unit.” .......................................................................... 97
`i.
`Motivation to display a menu list with a
`library of available applications and files ............ 99
`Expectation of success in displaying a menu
`listing a library of available applications and
`files .....................................................................100
`[Claim 7] “wherein the user interface is characterised in,
`that a selection of an application or file is done by gliding
`the object along said touch sensitive area so that a
`representation of a desired one of said application or file
`is highlighted, raising said object from said touch
`sensitive area, and then tapping on said touch sensitive
`area.” .......................................................................................102
`i.
`Motivation to include highlighting scroll and
`confirmation tap operation in Robertson’s
`user interface ......................................................107
`Expectation of success in including
`highlighting scroll and confirmation tap
`operation .............................................................108
`[Claim 9] “wherein the user interface is characterised in,
`that, one item in said list is highlighted by a moveable
`marking, and the user interface enables list navigation
`whereby gliding the object along the touch sensitive area
`in a direction towards the top of said list or towards the
`bottom of said list causes said marking to move in the
`same direction without scrolling the list.” ..............................109
`[Ground 3] Claim 12 rendered obvious by Robertson,
`Maddalozzo, and Bedford-Roberts ...................................................111
`1.
`[Claim 12] “wherein the user interface is characterised in,
`that an active application, function, service or setting is
`
`2.
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`3.
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`ii.
`
`4.
`
`C.
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`D.
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`ii.
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`advanced one step by gliding the object along the touch
`sensitive area from left to right, and that the active
`application, function, service or setting is closed or
`backed one step by gliding the object along the touch
`sensitive area from right to left.” ............................................112
`i.
`Motivation to use glide gestures to advance
`and back one step in an active application .........115
`Expectation of success in using glide
`gestures to advance and back one step in an
`active application ................................................115
`[Ground 4] Claims 1, 4-6, 13, and 15-17 are rendered obvious
`by Tarpenning ....................................................................................116
`1.
`Overview of Tarpenning .........................................................116
`2.
`Independent Claim 1 ...............................................................120
`a.
`[1Preamble] “A non-transitory computer readable
`medium storing a computer program with
`computer program code, which, when read by a
`mobile handheld computer unit, allows the
`computer to present a user interface for the mobile
`handheld computer unit, the user interface
`comprising:” .................................................................121
`[1a] “a touch sensitive area in which a
`representation of a function is provided,” ....................125
`[1b] “wherein the representation consists of only
`one option for activating the function and” ..................130
`[1c] “wherein the function is activated by a multi-
`step operation comprising (i) an object touching
`the touch sensitive area at a location where the
`representation is provided and then (ii) the object
`gliding along the touch sensitive area away from
`the touched location,” ...................................................131
`
`b.
`
`c.
`
`d.
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`ii.
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`[1d] “wherein the representation of the function is
`not relocated or duplicated during the gliding.” ...........142
`[Claim 4] “wherein the function, when activated, causes
`the user interface to display a keyboard and a text field.” ......143
`i.
`One skilled in the art would have been
`motivated to include a keyboard and a text
`field in Tarpenning’s user interface in
`response to activation of the menu function ......148
`One skilled in the art would have reasonably
`expected to succeed in adding a keyboard
`and a text field to the user interface ...................149
`[Claim 5] “wherein said text field is used for inputting
`and editing of text through said keyboard.” ............................150
`[Claim 6] “wherein the function, when activated, causes
`the user interface to display a list with a library of
`available applications and files on the mobile handheld
`computer unit.” ........................................................................150
`i.
`Motivation to display available applications
`and files when the library menu is activated ......153
`Expectation of success in displaying
`available applications and files when the
`library menu is activated ....................................154
`[Claim 13] “wherein the user interface is characterised in,
`that said representation of said function is located at the
`bottom of said touch sensitive area.” ......................................155
`[Claim 15] “characterized in, that said computer program
`code is adapted to function as a shell upon an operating
`system.” ...................................................................................156
`[Claim 16] “wherein the representation is finger-sized.” .......157
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`ii.
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`7
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`E.
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`9.
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`2.
`
`ii.
`
`[Claim 17] “wherein the location where the
`representation is provided does not provide touch
`functionality for a different function.” ....................................158
`[Ground 5] Claims 2, 3, 7, and 9 are rendered obvious by
`Tarpenning and Vayda ......................................................................159
`1.
`[Claim 2] “wherein the function, when activated, causes
`the user interface to display icons representing different
`services or settings for a currently active application.” ..........159
`i.
`Motivation to display icons representing
`services or settings .............................................160
`Expectation of success in displaying icons
`representing services or settings .........................162
`[Claim 3] “wherein the user interface is characterised in,
`that a selection of a preferred service or setting is done by
`tapping on a display icon corresponding to the preferred
`service or setting.”...................................................................162
`i.
`Motivation to tap an icon to select a setting
`or service ............................................................164
`Expectation of success in tapping an icon to
`select a setting or service ....................................164
`[Claim 7] “wherein the user interface is characterised in,
`that a selection of an application or file is done by gliding
`the object along said touch sensitive area so that a
`representation of a desired one of said application or file
`is highlighted, raising said object from said touch
`sensitive area, and then tapping on said touch sensitive
`area.” .......................................................................................165
`[Claim 9] “wherein the user interface is characterised in,
`that, one item in said list is highlighted by a moveable
`marking, and the user interface enables list navigation
`whereby gliding the object along the touch sensitive area
`in a direction towards the top of said list or towards the
`
`ii.
`
`3.
`
`4.
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`F.
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`bottom of said list causes said marking to move in the
`same direction without scrolling the list.” ..............................166
`[Ground 6] Claim 12 is rendered obvious by Tarpenning and
`Bedford-Roberts ................................................................................167
`1.
`[Claim 12] “wherein the user interface is characterised in,
`that an active application, function, service or setting is
`advanced one step by gliding the object along the touch
`sensitive area from left to right, and that the active
`application, function, service or setting is closed or
`backed one step by gliding the object along the touch
`sensitive area from right to left.” ............................................167
`CONCLUSION ............................................................................................169
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`X.
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`I.
`
`INTRODUCTION
`I have been retained Google LLC (“Google” or “Petitioner”) as an
`1.
`
`independent expert consultant in this proceeding before the United States Patent
`
`and Trademark Office.
`
`2.
`
`I am over 21 years of age and, if I am called upon to do so, I would be
`
`competent to testify as to the matters set forth herein.
`
`3. My compensation is in no way contingent on the nature of my
`
`findings, the presentation of my findings in testimony, or the outcome of any
`
`proceeding.
`
`4.
`
`I understand that this proceeding involves U.S. Patent No. 8,095,879
`
`(“the ’879 patent,” Ex-1001). The application for the ’879 patent was filed on
`
`December 10, 2002, as U.S. Patent Application No. 10/315,250 (“the ’250
`
`application”). The ’879 patent does not claim priority to any other patents or
`
`applications on its face. The ’250 application issued as the ’879 patent on January
`
`10, 2012.
`
`5.
`
`I have been asked by Petitioner to provide my opinion whether the
`
`claims of the ’879 patent would have been obvious to a person of ordinary skill in
`
`the art at the time of the earliest claimed priority date of the ’879 patent. In
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`performing my analysis, I have been asked to assume that the priority date is
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`December 10, 2002. My opinions are set forth below.
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`6.
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`Throughout this declaration, I refer to specific pages, figures, and/or
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`line numbers of various exhibits. These citations are illustrative and are not
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`intended to suggest that they are the only support for the propositions for which
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`they are cited.
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`II. QUALIFICATIONS
`Since 1995, I have studied, worked, taught, and conducted research in
`7.
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`the fields of computer science and human-computer interaction (“HCI”).
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`Specifically, I have worked on projects relating to the human use of interactive
`
`computing systems, including their design, construction, and formal evaluation.
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`This work has included designing and programming countless graphical user
`
`interfaces.
`
`8.
`
`As a field, HCI focuses on the design, construction, and evaluation of
`
`interactive computing systems, and on the study of such systems’ use by
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`individuals, groups, and organizations. Of central importance is the term
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`“interactive,” which refers to computing technologies that people directly use and
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`that create some kind of “user experience.” Thus, the field of HCI encompasses
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`topics like user interface design, usability engineering, rapid prototyping, interface
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`technology, interaction design, user research, the human factors of computing
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`systems, and related topics. The popular notion of a “user friendly” interface
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`comes from the field of HCI. Owing to the broad range of relevant phenomena
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`within the purview of HCI, the field attracts not only computer scientists and
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`engineers like me, but also designers, psychologists, social scientists, and others
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`interested in shaping or studying the individual or collective human experience of
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`interactive technologies.
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`A. Education
`I earned my Bachelor of Science with Honors (“B.S.”) in Symbolic
`9.
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`Systems and my Master of Science (“M.S.”) in Computer Science from Stanford
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`University in 1998 and 2000, respectively. In both degrees, I had an official
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`concentration in HCI. I earned my Ph.D. in Human-Computer Interaction from the
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`HCI Institute within the School of Computer Science at Carnegie Mellon
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`University in 2006. The HCI Institute at Carnegie Mellon is a pioneer in HCI
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`research and education, and my doctoral degree was the first in the U.S. to be
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`offered in HCI per se. Within my Ph.D. degree, I had an official concentration in
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`Computer Science.
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`10. Upon graduation, I received the Carnegie Mellon School of Computer
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`Science Distinguished Dissertation Award—one of only two times it has been
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`awarded to a dissertation from the HCI Institute in the award’s almost 25-year
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`history. The award was given for my work on the EdgeWrite text entry system that
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`I invented (U.S. Patent No. 7,729,542), which made text entry highly accurate on
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`mobile touch screen devices and other input devices, especially for people with
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`motor disabilities. In general, I conducted most of my doctoral research on mobile
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`touch screen devices, including Palm OS and Windows Pocket PC devices.
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`B. Work Experience
`I have been on the faculty at the University of Washington (“UW”) in
`11.
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`Seattle, WA, since September 2006. I currently hold the rank of Professor in The
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`Information School, ranked #2 nationally by U.S. News and World Report, and
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`Adjunct Professor in the Paul G. Allen School of Computer Science &
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`Engineering, ranked #6 nationally. Recently, the University of Washington as a
`
`whole was ranked #8 in the world by U.S. News in the 2021 global university
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`rankings, just ahead of Cambridge (U.K.), Johns Hopkins, Princeton, and Yale.
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`12. At UW, in addition to my official departmental appointments, I am a
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`founding member of the cross-campus DUB Group. “DUB” stands for “design:
`
`use: build:”, and is a grassroots alliance of ~250 HCI professors, students, and
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`industry affiliates at UW and in the Seattle region. The DUB Group is regarded as
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`a premiere center for HCI research and education worldwide. Although there are
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`no official rankings in HCI, CSRankings.org maintains rankings1 of various sub-
`
`
`See http://csrankings.org/#/index?chi&world for the top universities in
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`1
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`human-computer interaction (HCI) worldwide, where the University of
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`Washington is #1.
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`disciplines in computing, including HCI, where the University of Washington is
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`ranked #1 in the world.
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`13.
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`It was out of the DUB Group that I co-founded the Master of Human-
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`Computer Interaction & Design (“MHCI+D”) degree at UW, which I chaired from
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`its inception in 2013 until September 2016. For 2020-2021, I again served on the
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`Executive Committee overseeing the degree. The MHCI+D degree is an intensive
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`one-year practitioner-oriented program that is jointly owned and administered by
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`four separate departments across three separate colleges: The Information School,
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`the Paul G. Allen School of Computer Science & Engineering, the Department of
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`Human-Centered Design & Engineering, and the Division of Design. To the best
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`of my knowledge, the MHCI+D degree is the first HCI degree at any university to
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`be owned by four separate departments across three separate colleges, a
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`challenging organizational feat, but essential for interdisciplinary education in
`
`HCI.
`
`14.
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`I also founded and direct the ACE Lab, which stands for both
`
`“Accessible Computing Experiences” and “Advanced Computing Experiences” at
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`UW. The lab incorporates students from Ph.D. programs in information science
`
`and computer science working on problems related to understanding and
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`improving people’s interactions with computers, especially for people with
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`disabilities. The lab has graduated thirteen (13) Ph.D. students and one (1)
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`postdoctoral fellow to date, nine (9) of whom have gone on to assume
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`professorships at Harvard, Brown, Toronto, Colorado, the Rochester Institute of
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`Technology, Northeastern, Simon Fraser, Washington, and Cornell Tech.
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`15. Most recently, I co-founded and co-direct the UW Center for
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`Research and Education on Accessible Technology and Experiences (“CREATE”).
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`This high-profile center brings together faculty and students from engineering,
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`computing, information, rehabilitation medicine, and disability studies to tackle big
`
`problems in accessible technology. The center’s mission is “to make technology
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`accessible, and to make the world accessible through technology.” It pursues this
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`mission through three primary activities: research, education, and translation.
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`Center research focuses on cutting-edge problems in accessible technology. Center
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`faculty educate the next generation of technology designers, builders, and
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`managers to prioritize accessibility in their work. And center innovations are
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`translated into practice via commercialization, nonprofits, licensing, open-
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`sourcing, field trials, and community-building, among other activities. The
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`formation of CREATE was jointly announced by University of Washington
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`President Ana Marie Cauce and Microsoft President Brad Smith in May 2020 after
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`Microsoft gave an inaugural gift of $3.4M to launch the center.
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`16.
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`I have co-authored about 180 scholarly publications, which
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`collectively have been cited over 16,900 times. From these publications, I have
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`received twenty-five (25) paper awards, including seven (7) best paper winners
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`(top 1% of submissions) and eight (8) honorable mention papers (top 5% of
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`submissions) from the flagship HCI conference, the ACM Conference on Human
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`Factors in Computing Systems, referred to as the “CHI conference” (pronounced
`
`“kai”). To the best of my knowledge, this number of CHI paper awards is the most
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`received by any member of the HCI community to-date, which numbers thousands
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`of researchers and practitioners. The CHI conference draws about 4,000 attendees
`
`annually.
`
`17.
`
`In 2016, I was the Program Co-Chair for the ACM Symposium on
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`User Interface Software & Technology (“UIST”). The UIST conference is the top
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`conference and most prestigious venue for technical innovations in the HCI field.
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`(The aforementioned CHI conference also publishes technical innovations, but
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`UIST exclusively focuses on them.) Additionally, I am the General Co-Chair of the
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`UIST conference in 2022.
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`18.
`
`In 2017, I was awarded the SIGCHI Social Impact Award, a major
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`international award “for HCI research applied to pressing social needs.” Only one
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`or two of these awards is given out annually through a private nominating process.
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`The basis for the award was my work in accessible computing, particularly my
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`development of Ability-Based Design, a technology design approach that
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`prioritizes human abilities and requires computing systems to better match those
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`abilities through techniques like automatic interface adaptation.
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`19.
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`In May 2019, I was inducted into the prestigious CHI Academy, the
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`international academy of researchers and practitioners in HCI who have made
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`significant contributions to the HCI field. Five (5) to eight (8) people have been
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`inducted each year since 2000, including luminaries from the early days of
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`interactive computing, computer graphics, and human factors. Having received my
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`Ph.D. in 2006, I was one of the youngest inductees into this esteemed group as
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`measured by time-since-degree.
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`20.
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`In October 2019, I received the SIGACCESS ASSETS Paper Impact
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`Award, which is an award given every-other-year to one impactful paper after 10+
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`years since its publication. My paper, published in 2008, was on Slide Rule, a
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`prototype system that demonstrated the first finger-driven screen reader for touch
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`screen devices, like the iPod Touch and iPhone 1. Slide Rule exhibited gestures
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`that blind people could use to control a screen reader and select interface elements
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`(e.g., buttons, links, menus, etc.) without lifting their finger. A few years after
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`publication, an Apple engineer revealed that Slide Rule had been influential in
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`Apple’s design of its VoiceOver accessibility software, which ships on every
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`Apple smartphone and tablet today. (Android devices have a similar feature called
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`TalkBack.)
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`Declaration of Jacob O. Wobbrock, Ph.D.
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`IPR2021-01041
`U.S. Patent No. 8,095,879
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`21. Since 2012, I have served as an Associate Editor for ACM
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`Transactions on Computer-Human Interaction, a top journal in the HCI field.
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`Previously, I was an Associate Editor of Foundations and Trends in Human-
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`Computer Interaction, the International Journal of Human-Computer Studies, and
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`Advances in Human-Computer Interaction.
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`22. Within the field of HCI, my overarching research interests involve
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`scientifically understanding people’s experiences of computers and information,
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`and improving those experiences by inventing new interactive technologies. My
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`specific research topics include input and interaction techniques, human
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`performance measurement and modeling, HCI research and design methods,
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`mobile computing, and accessible computing. Several of my research projects have
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`been devoted to inventing or improving user interfaces to make computers,
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`especially touch screen devices, easier to use for people with disabilities,
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`particularly people with motor impairments (e.g., due to spinal cord injury) or
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`sensory impairments (e.g., blindness, low vision).
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`23. Besides Slide Rule, other influential projects that I have conducted
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`include: a family of easy to implement gesture recognizers that have come to be
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`known as the “$-family” recognizers; a popular gesture design methodology called
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`“end-user elicitation” that has been replicated over 300 times in the literature (and
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`cited almost 1300 times), and used by Microsoft to design gestures for their
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`products; classification algorithms for improving typing on adaptive tabletop and
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`mobile touch screen keyboards; and a method for sensing touch-based force
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`without using actual force sensors. Touch input and touch devices have been an
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`important focus of my research. In fact, twenty-three (23) of my publications
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`contain the term “touch” in their title. Relatedly, twenty-two (22) of my
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`publications contain the term “gesture” in their title.
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`24. My work and views have been covered in The New York Times, The
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`Washington Post, The Seattle Times, The Pittsburgh Post-Gazette, The Huffington
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`Post, The Guardian, Der Spiegel, M.I.T. Technology Review, PC World, Self
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`Magazine, USA Today, and other popular press outlets.
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`25.
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`I have received several competitive federal research grants to support
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`my work, including a National Science Foundation CAREER award and seven (7)
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`other National Science Foundation grants. I have also received research gifts and
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`awards for my lab from Microsoft, Intel, Baidu, Facebook, Adobe, and Google to
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`support my research and the research of my students. All research grants, gifts, and
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`awards that I have received are listed on my CV.
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`26.
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`I am the co-inventor of nineteen (19) issued U.S. Patents and six (6)
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`U.S. Patent Applications that are generally directed to user interfaces, information
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`delivery and display, input and interaction techniques and devices, touch gestures,
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`gesture recognition, mobile devices, touch screens and devices, interactive
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`surfaces, and computer accessibility.
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`27. Along with being a full-time professor, I have also been an
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`entrepreneur. From September 2012 to May 2015, I was the founding President &
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`C.E.O. of AnswerDash, Inc., a venture capital-funded startup that provided
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`context-sensitive help on websites and mobile apps. I co-founded AnswerDash
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`with another professor and a graduate student from the University of Washington.
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`During my 2½ years as AnswerDash’s C.E.O., I raised $2.54M in venture capital,
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`recruited a top-notch team, set the vision and priorities for the company, oversaw
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`product development, set pricing, drove initial sales, and spoke and wrote about
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`customer self-service technology. I also served as Chairman of the Board. In May
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`2015, I stepped down as C.E.O. in preparation for my transition back to full-time
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`academia by December 2015, at which point I became advisory to the company as
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`AnswerDash’s Chief Experience Officer (C.X.O.) and a Board Observer. In June
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`2020, AnswerDash was acquired by CloudEngage, Inc., a company headquartered
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`in Spokane, WA.
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`28. Prior to co-founding AnswerDash, I worked in various industry ro