Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
In view of the appeal brief filed on 1/29/2025, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/TAMARA T KYLE/Supervisory Patent Examiner, Art Unit 2144
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-7, 9-10, 12, 14-21, 23-24, 26, and 28 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jin et al. (US 2008/0204424 A1) in view of Kawahara (US 2005/0204306 A1) and Lee et al. (US 2008/0198141 A1).
In reference to claim 1, Jin teaches a computing device comprising: a processor; and a touch-sensitive display screen coupled to the processor, the processor to receive gesture input on the touch-sensitive display screen (fig. 1, para. 0031-38) and operate the computing device in any one of at least two display modes, including a full-screen mode and a windowed mode (device can operate in full-screen mode, fig. 4, para. 0048-49, and in a windowed mode, figs. 6A-6D, 9C), wherein: during a given duration, the processor operates a plurality of applications concurrently, the plurality of applications including at least a first application, a second application, a third application, and a fourth application (Jin teaches executing a plurality of applications, fig. 11, S901); in the full-screen mode, the processor provides, on the touch-sensitive display screen, a user interface for only one application of the plurality of applications (see, e.g., fig. 4 showing only one application); and in the windowed mode, the processor: provides on the touch-sensitive display screen a plurality of cards in a two-dimensional arrangement, the plurality of cards including at least a first card corresponding to the first application, a second card …, a third card …, and a fourth card … (figs. 6A-6D, 9C); responds to a directional contact along a first direction on the touch- sensitive display screen by changing a position of the first card relative to the touch-sensitive display screen in the first direction (a drag from the first to last window is detected for scrolling the cards, which moves a first card in a first direction, fig. 9C, 9E, and para. 0066-67); … wherein the processor, in response to receiving user input, transitions the computing device at least (i) from the full-screen mode to the windowed mode, or (ii) from the windowed mode to the full-screen mode (dragging on lower end of display unit is recognized as input to transition from full-screen to windowed mode, para. 0040).
However, Jin does not explicitly teach the plurality of cards including at least a first card corresponding to the first application, a second card corresponding to the second application, a third card corresponding to the third application, and a fourth card corresponding to the fourth application; and responds to a directional contact on a selected card of the first card, the second card, the third card, and the fourth card to move the selected card along a second direction that is different from the first direction on the touch-sensitive display screen by: identifying the selected card based on the directional contact; and dismissing the selected card off the touch-sensitive display screen … so that the corresponding application is closed.
Kawahara teaches the plurality of cards including at least a first card corresponding to the first application, a second card corresponding to the second application, a third card corresponding to the third application, and a fourth card corresponding to the fourth application (windows 108 and 110 each correspond to a different 2D application in fig. 1 and para. 0058, and fig. 4 shows four windows; it would follow logically that each of the four windows corresponds to one of four different applications); and responds to a directional [input] on a selected card of the first card, the second card, the third card, and the fourth card to move the selected card along a second direction that is different from the first direction on the … display screen by: identifying the selected card based on the directional [input]; and dismissing the selected card off the … display screen … so that the corresponding application is closed (in response to throw gesture from mouse, which is “moving the window quickly and releasing it,” the window is removed from the screen and the execution of the corresponding application is stopped, para. 0086-87).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin and Kawahara before the time of invention, to modify the user interface as disclosed by Jin to include multiple applications and dismissal as taught by Kawahara.
One of ordinary skill in the art would be motivated to modify the user interface of Jin to include the multiple applications and dismissal of Kawahara because the teachings of Kawahara would advantageously allow users to manage and stop the execution of the multiple applications disclosed in Jin, as well as view windows of the multiple applications (which Jin explicitly states is desirable, Jin, para. 0003-07).
However, Jin and Kawahara do not explicitly teach a directional contact; dismissing the selected card off the touch-sensitive display screen in the second direction (to the extent that Kawahara teaches mouse gestures and dismissal off the screen, but it does not teach touch contacts or in what direction the window is dismissed).
Lee teaches a directional contact; dismissing the selected card off the touch-sensitive display screen in the second direction (flick using finger on touch screen can move object off touch screen in the direction of the flick, para. 0028).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, and Lee before the time of invention, to modify the dismissal as disclosed by Kawahara to include the directional contact and direction as taught by Lee.
One of ordinary skill in the art would be motivated to modify the dismissal of Kawahara to include the directional contact and direction of Lee because Lee teaches more convenient gestures for touch screen devices that can be used in place of the mouse gestures of Kawahara (Lee, para. 0006).
In reference to claim 2, Jin teaches the computing device of claim 1, wherein the first direction is in a horizontal direction on the touch-sensitive display screen … (in the “fan” display of Jin, fig. 6D, a drag from the first to last window would be horizontal).
However, Jin and Kawahara do not explicitly teach the second direction is in a vertical direction on the touch-sensitive display screen.
Lee teaches the second direction is in a vertical direction on the touch-sensitive display screen (Lee teaches upward and downward flicks, para. 0081, and distinguishing between vertical flicks from left and right flicks, para. 0083, 0096-99).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, and Lee before the time of invention, to modify the dismissal as disclosed by Kawahara to include the directional contact and direction as taught by Lee.
One of ordinary skill in the art would be motivated to modify the dismissal of Kawahara to include the directional contact and direction of Lee because Lee teaches more convenient gestures for touch screen devices that can be used in place of the mouse gestures of Kawahara (Lee, para. 0006).
In reference to claim 3, Jin and Kawahara do not explicitly teach the computing device of claim 1, wherein the second direction is in an upwards direction.
Lee teaches the computing device of claim 1, wherein the second direction is in an upwards direction (upward flick, para. 0081).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, and Lee before the time of invention, to modify the dismissal as disclosed by Kawahara to include the directional contact and direction as taught by Lee.
One of ordinary skill in the art would be motivated to modify the dismissal of Kawahara to include the directional contact and direction of Lee because Lee teaches more convenient gestures for touch screen devices that can be used in place of the mouse gestures
In reference to claim 4, Jin and Kawahara do not explicitly teach the computing device of claim 1, wherein the first direction is transverse to the second direction.
Lee teaches the computing device of claim 1, wherein the first direction is transverse to the second direction (in the “fan” display of Jin, fig. 6D, a drag from the first to last window would be horizontal, and Lee teaches upward and downward flicks, para. 0081, and distinguishing between vertical flicks from left and right flicks, which are transverse directions, para. 0083, 0096-99).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, and Lee before the time of invention, to modify the dismissal as disclosed by Kawahara to include the directional contact and direction as taught by Lee.
One of ordinary skill in the art would be motivated to modify the dismissal of Kawahara to include the directional contact and direction of Lee because Lee teaches more convenient gestures for touch screen devices that can be used in place of the mouse gestures
In reference to claim 5, Jin and Kawahara do not explicitly teach the computing device of claim 1, wherein the directional contact along the second direction comprises a drag gesture.
Lee teaches the computing device of claim 1, wherein the directional contact along the second direction comprises a drag gesture (Lee teaches a flick gesture, para. 0081, which is a type of drag gesture. The Examiner notes that Applicant’s specification does not explain the difference between a flick and drag, and the earliest filed application 12/126,145 does not mention a “flick” at all. However, the CIP specification incorporates by reference the disclosure of application 12/115,992, see para. 0064; the ‘992 application, published as US 2009/0278806 A1, states that “Referring now to FIG. 4H, in one embodiment the user can perform a drag-scroll operation by performing a drag gesture 402H (also referred to as a flick gesture) across screen 101,” para. 0089. Thus, in light of Applicant’s specification, a flick is a kind of drag gesture).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, and Lee before the time of invention, to modify the dismissal as disclosed by Kawahara to include the directional contact and direction as taught by Lee.
One of ordinary skill in the art would be motivated to modify the dismissal of Kawahara to include the directional contact and direction of Lee because Lee teaches more convenient gestures for touch screen devices that can be used in place of the mouse gestures
In reference to claim 6, Jin and Kawahara do not explicitly teach the computing device of claim 1, wherein the directional contact along the second direction comprises a flicking action.
Lee teaches the computing device of claim 1, wherein the directional contact along the second direction comprises a flicking action (Lee teaches a flick gesture, para. 0081).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, and Lee before the time of invention, to modify the dismissal as disclosed by Kawahara to include the directional contact and direction as taught by Lee.
One of ordinary skill in the art would be motivated to modify the dismissal of Kawahara to include the directional contact and direction of Lee because Lee teaches more convenient gestures for touch screen devices that can be used in place of the mouse gestures
In reference to claim 7, Jin teaches the computing device of claim 1, wherein each of the first application, the second application, the third application, and the fourth application are different applications (the four apps may be different, like phonebook, note pad, calculator, scheduler, remote control, etc., para. 0006).
In reference to claim 9, Jin teaches the computing device of claim 1, wherein the plurality of cards further includes at least a fifth card corresponding to a fifth application and a sixth card corresponding to a sixth application (see fig. 9E showing 8 cards; it would be obvious that each card would be a different app in view of Kawahara as described in the rejection of claim 1 above), and wherein the processor is further configured to provide on the touch- sensitive display screen, while in the windowed mode, the entirety of at least some of the first, second, third, fourth, fifth, and sixth cards and only a portion of at least some of the first, second, third, fourth, fifth, and sixth cards (see fig. 9E – entirety of cards AAA, HHH, GGG, FFF, and EEE are displayed, and only a portion of BBB).
In reference to claim 10, Jin teaches the computing device of claim 1, wherein in the windowed mode, at least one of the first card, the second card, the third card, or the fourth card comprises a static representation of a user interface for a corresponding activity (card may be an image corresponding to the window’s interface, which is a static interface, para. 0047).
In reference to claim 12, Jin teaches the computing device of claim 1, wherein in the windowed mode, each card comprises a user interface for a corresponding application activity (card may be an image corresponding to the window’s interface, para. 0047).
In reference to claim 14, Jin teaches the computing device of claim 1, wherein the selected card is dismissed in the second direction off an edge of the touch-sensitive display screen (flick using finger on touch screen can move object off edge of touch screen in the direction of the flick, para. 0028).
In reference to claim 15, this claim is directed to a method associated with the device claimed in claim 1 and is therefore rejected under a similar rationale.
In reference to claim 16, this claim is directed to a method associated with the device claimed in claim 2 and is therefore rejected under a similar rationale.
In reference to claim 17, this claim is directed to a method associated with the device claimed in claim 3 and is therefore rejected under a similar rationale.
In reference to claim 18, this claim is directed to a method associated with the device claimed in claim 4 and is therefore rejected under a similar rationale.
In reference to claim 19, this claim is directed to a method associated with the device claimed in claim 5 and is therefore rejected under a similar rationale.
In reference to claim 20, this claim is directed to a method associated with the device claimed in claim 6 and is therefore rejected under a similar rationale.
In reference to claim 21, this claim is directed to a method associated with the device claimed in claim 7 and is therefore rejected under a similar rationale.
In reference to claim 23, this claim is directed to a method associated with the device claimed in claim 9 and is therefore rejected under a similar rationale.
In reference to claim 24, this claim is directed to a method associated with the device claimed in claim 10 and is therefore rejected under a similar rationale.
In reference to claim 26, this claim is directed to a method associated with the device claimed in claim 12 and is therefore rejected under a similar rationale.
In reference to claim 28, this claim is directed to a method associated with the device claimed in claim 14 and is therefore rejected under a similar rationale.
Claims 8 and 22 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jin et al. (US 2008/0204424 A1) in view of Kawahara (US 2005/0204306 A1) and Lee et al. (US 2008/0198141 A1) as applied to claims 1 and 15 above, and in further view of Westerman et al. (Pub. No. 2008/0036743).
In reference to claim 8, Jin, Kawahara, and Lee do not explicitly teach the computing device of claim 1, wherein the user input for transitioning the computing device from the full-screen mode to the windowed mode comprises an upward swipe gesture.
Westerman teaches the computing device of claim 1, wherein the user input for transitioning the computing device from the full-screen mode to the windowed mode comprises an upward swipe gesture (upward swipe gesture triggers a windowed mode that tiles all windows, para. 0135-36).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, Lee, and Westerman before him at the time the invention was made, to modify the input as disclosed by Jin to include an upward swipe as disclosed by Westerman.
One of ordinary skill in the art would be motivated to modify the input of Jin to include the upward swipe of Westerman because it helps provide additional inputs with touch screens (Westerman, para. 0025-26).
In reference to claim 22, this claim is directed to a method associated with the device claimed in claim 8 and is therefore rejected under a similar rationale.
Claims 11 and 25 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jin et al. (US 2008/0204424 A1) in view of Kawahara (US 2005/0204306 A1) and Lee et al. (US 2008/0198141 A1) as applied to claims 1 and 15 above, and in further view of Chandhri (Pub. No. 2008/0062141).
In reference to claim 11, Jin, Kawahara, and Lee do not explicitly teach the computing device of claim 1, wherein the first direction is in a vertical direction on the touch-sensitive display screen, and wherein the second direction is in a horizontal direction on the touch-sensitive display screen.
Chandhri teaches the computing device of claim 1, wherein the first direction is in a vertical direction on the touch-sensitive display screen, and wherein the second direction is in a horizontal direction on the touch-sensitive display screen (cards can be arranged along the vertical axis, para. 0060 and fig. 1; since Jin teaches a drag from the first to last card, the “first direction” for scrolling would be vertical, and the flick of Lee would be horizontal).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, Lee, and Chandhri before him at the time the invention was made, to modify the card arrangement of Jin to include a vertical arrangement as disclosed by Chandhri.
One of ordinary skill in the art would be motivated to modify the card arrangement of Jin to include the vertical arrangement of Chandhri because it is the simple substation of one known element for another to obtain predictable results. As explained above, Jin teaches a horizontal arrangement, and Chandhri teaches a vertical arrangement that can be substituted for a horizontal arrangement. The substitution would predictably result in the cards of Jin to be arranged along a vertical axis, so that the first direction (scrolling input) is vertical, and the second direction (dismissal input) is horizontal.
In reference to claim 25, this claim is directed to a method associated with the device claimed in claim 11 and is therefore rejected under a similar rationale.
Claims 13 and 27 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Jin et al. (US 2008/0204424 A1) in view of Kawahara (US 2005/0204306 A1) and Lee et al. (US 2008/0198141 A1) as applied to claims 1 and 15 above, and in further view of Brown et al. (Pub. No. 2004/0070631).
In reference to claim 13, Jin, Kawahara, and Lee do not explicitly teach the computing device of claim 1, wherein while operating the computing device in the windowed mode, the processor is further configured to shift the remaining cards to fill a void left by the dismissed card.
Brown teaches the computing device of claim 2, wherein while operating the computing device in the windowed mode, the processor is further configured to shift the remaining cards to fill a void left by the dismissed card (grid thumbnails are rearranged to fill space, para. 0049, fig. 6).
It would have been obvious to one of ordinary skill in art, having the teachings of Jin, Kawahara, Lee, and Brown before him at the time the invention was made, to modify the card dismissal as disclosed by Jin and Kawahara to include the rearrangement as taught by Brown.
One of ordinary skill in the art would be motivated to modify the card dismissal of Jin and Kawahara to include the rearrangement of Brown because it would better conserve screen space.
In reference to claim 27, this claim is directed to a method associated with the device claimed in claim 13 and is therefore rejected under a similar rationale.
Response to Arguments
Applicant's arguments with respect to Kawahara filed 1/29/2025 have been fully considered but they are not persuasive. Applicant argues that because Kawahara does not mention the direction of the throw, that “any combination of references which results in the claimed invention would necessarily go against Kawahara’s teaching of a ‘direction-independent’ user input.” (App. Br. 14, emphasis in original). First, the term “direction-independent” (or any equivalent) does not appear in Kawahara, and there is no explicit teaching or statement that the throw gesture is preferably or should be “direction-independent.” While references cannot be combined when the combination teaches away from their combination (MPEP 2145(X)(D)), Kawahara contains no teaching away from the throw gesture in a particular direction or criticism of direction-dependent input. With respect to Applicant’s remaining arguments, including the combination of Kawahara with the other references, these arguments are moot in light of the new reference being applied above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew T. Chiusano whose telephone number is (571)272-5231. The examiner can normally be reached M-F, 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tamara Kyle can be reached at 571-272-4241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T CHIUSANO/Primary Examiner, Art Unit 2144