DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention 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 35 U.S.C. 103 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.
Claim(s) 1-4, 8-12 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forstall et al. (US Patent Application Publication No. 2008/0168379) in view of McCormack et al. 2006/0156247).
Regarding claims 1 and 16, Forstall discloses a system that implements a floating navigation function comprising a computer [portable electronic device] that includes at least one processor and a memory device storing data and executable code that, when executed, causes the at least one processor to [see para. 0008; a graphical user interface (GUI), one or more processors, memory and one or more modules, programs or sets of instructions stored in the memory for performing multiple functions]:
(a) assemble a primary interface comprising a plurality of control components and end user data [see para 0009, 0126; maintaining the phone call while displaying the menu of application icons on the touch screen display detecting a finger gesture on an application icon in the menu of application icons other than the phone application icon, and in response to detecting the finger gesture on the application icon other than the phone application icon, displaying a user interface for a corresponding application on the touch screen display while continuing to maintain the phone calling response to a finger tap or other predefined user gesture, the device may: mute the call; place the call on hold; place the call on a speaker; set up a conference call];
(b) store the primary interface to the memory device [see para. 0011; a portable electronic device with a touch screen provides a phone call service to a user of the device, and while providing the phone call service, provides a non-telephone service to the user in response to a user selection of a non-telephone service icon on the touch screen display; The touch screen and the display controller with any associated modules and/or sets of instructions in memory detect contact and any movement or breaking of the contact on the touch screen and converts the detected contact into interaction with user-interface objects that are displayed on the touch screen];
(c) generate a floating navigation function that comprises an icon pointing to the
primary interface location in the memory device, wherein the floating navigation function is integrated with the primary interface [see para. 0052 and figures 4A-4B; the portable electronic device include a physical or virtual click wheel as an input control device. A user may navigate among and interact with one or more graphical objects displayed in the touch screen by rotating the click wheel or by moving a point of contact with the click wheel. The click wheel used to select one or more of the displayed icons. For example, the user press down on at least a portion of the click wheel or an associated button. User commands and navigation commands provided by the user via the click wheel may be processed by an input controller as well as one or more of the modules and/or sets of instructions in memory; which corresponds to indicate phone application icon that references the stored primary call session];
(d) replace the primary interface with a second interface in response to an end user selecting a first control component, wherein the floating navigation function is integrated with the second interface [see para. 0143, 0147 and figures 6A-6C; activated by a user touching the menu icon or menu button, the phone application user interface is replaced with a menu of application icons. The menu of application icons includes a phone application icon. The ongoing phone call is maintained while the menu of application icons is displayed on the touch screen display. The user continue to participate in the ongoing phone call while viewing the menu of application icons, during an ongoing phone call, the appearance of the phone application icon in the menu of application icons is changed compared to the appearance of the phone application icon when there is no ongoing phone call; which corresponds to activate of a menu icon or menu button during the phone call UI with a menu of application icons]; and
(e) display the primary interface when the floating navigation function integrated with the second interface is selected by the end user [see para. 0128, 0130; When switching to the other application, the user continue a phone call (i.e., continue participating in the call, talking and listening). This application switch is triggered by the ongoing phone call itself. For example, the user needs to get a person's contact information through the contacts module and then provide such information to the other party of the phone call and the phone call user interface includes an application switch icon. The user return to the application menu user interface by finger tapping the application switch icon; which corresponds to select of the return icon restores the primary interface]; however, Forstall fails to explicitly teach a floating navigation function.
McCormack discloses a floating navigation function [see para. 0018, 0028 and figure 2A; floating action buttons are presented on the display screen. Activating a floating action button causes an action corresponding to the floating action button to be implemented. In a floating action buttons being presented with regard to a hover over zone in a navigation environment. Navigation environment includes a navigation pane. Navigation pane includes one or more lists of entries for items; which corresponds to generate floating button icons that are integrated with a primary interface]. It would have been obvious to one of an ordinary skill in the art, having the teachings of Forstall and McCormack before the affective filing date of the claimed invention to modify, portable supporting application icon system of Forstall to include floating action buttons, as taught by McCormack.
One would have been motivated to make such a combination in order to generate a session-based, floating navigation function that allows end users to reliably navigate to a previously viewed user interface and create a more flexible.
Regarding claims 2 and 10, Forstall discloses the system for implementing a floating navigation function of claim 1, wherein: (a) the primary interface further comprises (i) a top-level container (main call control) [see para. 0130; , the user return to the application menu user interface by explicitly pressing the menu button, the portable device automatically replaces the phone call service user interface with the application menu user interface after the phone call is on for a predetermined time period (e.g., 15 to 30 minutes), which is a user-configurable parameter. The portable device returns to the application menu user interface upon detecting a triggering event (e.g., the arrival of an email message, an IM message, an appointment reminder, etc)]; (ii) a sub-level container that comprises supplemental end user data (call details status) [see para. 0138; the menu of application icons is displayed while the device maintains the ongoing phone call. Alternately stated, the device continues to provide phone call services to the user of the device while displaying the menu of application icons].
McCormack discloses (iii) a second navigation control component [see para. 0087; a software program having a navigation pane, a UI component or portion thereof, a data structure mapping UI elements to associated action buttons, a hot zone floating action button effectuator];
(b) the executable code further causes the processor to (i) display the sub-level container when the end user selects the second navigation control component [see para. 0024; activation of an entry that is listed within navigation pane causes some aspect of the item represented by the activated entry to be displayed in a second region of main window. The second region is termed display area], (ii) store the sub-level container to the memory device when the end user selects the second navigation control component [see para 0063; User interface component also produce a UI (including a GUI) that enables manipulation of icons and/or utilization of features with a keyboard or other user input device. Hot zone floating action button effectuator effectuates one or more implementations of the hot zone and floating action button schemes, mechanisms], and (iii) display the sub-level container as part of the primary interface when the floating navigation function integrated with the second interface is selected by the end user [see para. 0026; floating action buttons are described herein primarily in terms of being part of a navigation mechanism of a navigation pane, floating action buttons are not so limited. For example, floating action buttons may be utilized in conjunction with software features besides navigation].
One would have been motivated to make such a combination in order to generate a session-based, floating navigation function that allows end users to reliably navigate to a previously viewed user interface and create a more flexible.
Regarding claims 3 and 11, McCormack discloses the system for implementing a floating navigation function, wherein the primary interface and the secondary interface are displayed on an end user computing device by an internet browser software application [see para. 0018; Activating a floating action button causes an action corresponding to the floating action button to be implemented. In a preferred implementation, the floating action buttons that are presented may be associated with the hover over zone such that the floating action buttons, and their corresponding actions, are context-sensitive. In addition to being sensitive to a type of item corresponding to a hover over zone, floating action buttons can also be sensitive to a mode (e.g., a status, a condition, a phase, etc.) in which a given program is currently operating or functioning].
Regarding claims 4 and 12, Forstall discloses system for implementing a floating navigation function, wherein the primary interface and the secondary interface are displayed on an end user computing device by a mobile software application [see para. 0009; a computer-implemented method in which a portable electronic device with a touch screen displays on the touch screen display a user interface for a phone application during a phone call. The method includes detecting activation of a menu icon or menu button during the phone call, and in response to detecting activation of the menu icon or menu button, replacing the user interface for the phone application with a menu of application icons including an icon for the phone application].
Regarding claims 8 and 15, Forstall discloses system for implementing a floating navigation function of wherein: (a) the primary interface is assembled using instructions from a profile data file [see para. 0134; the telephone service icon has an appearance visually different from its usual appearance and/or the appearance of any other non-telephone service icon on the same application menu user interface. The portable electronic device then monitors user contact with the touch screen]; (b) the profile data file is stored to the memory device with the primary interface [see 0143; The menu of application icons includes a phone application icon. The ongoing phone call is maintained while the menu of application icons is displayed on the touch screen display. The user can continue to participate (e.g., talking and/or listening) in the ongoing phone call while viewing the menu of application icons, during an ongoing phone call, the appearance of the phone application icon in the menu of application icons is changed compared to the appearance of the phone application icon when there is no ongoing phone call. This changed appearance is a visual cue that touching the phone application icon will return the device to a display of a phone application user interface. Alternately, during an ongoing phone call, a switch application icon is displayed in the menu of application icons];
McCormack discloses (c) when the floating navigation function integrated with the second interface is selected by the end user, the profile data file is used to display the primary interface [see para. 0044-0047; the action buttons of each set of floating action buttons provide differing features. Both of these differences may exist within a single group of items as well as between two or more groups of items. The floating action buttons being presented with regard to a hover over zone, a key indication zone, and a more general hot zone. Seven (7) new annotations. Hover over zone is depicted at the top, key indication zone is depicted in the middle, and hot zone 312 is depicted at the bottom].
One would have been motivated to make such a combination in order to generate a session-based, floating navigation function that allows end users to reliably navigate to a previously viewed user interface and create a more flexible.
Regarding claim 9, Forstall discloses a system that implements a floating navigation function comprising a computer [portable electronic device] that includes at least one processor and a memory device storing data and executable code that, when executed, causes the at least one processor to [see para. 0008; a graphical user interface (GUI), one or more processors, memory and one or more modules, programs or sets of instructions stored in the memory for performing multiple functions]:
(a) transmit a primary interface comprising a plurality of control components and end user data [see para 0009, 0126; maintaining the phone call while displaying the menu of application icons on the touch screen display detecting a finger gesture on an application icon in the menu of application icons other than the phone application icon, and in response to detecting the finger gesture on the application icon other than the phone application icon, displaying a user interface for a corresponding application on the touch screen display while continuing to maintain the phone calling response to a finger tap or other predefined user gesture, the device may: mute the call; place the call on hold; place the call on a speaker; set up a conference call];
(b) store the primary interface to the memory device [see para. 0011; a portable electronic device with a touch screen provides a phone call service to a user of the device, and while providing the phone call service, provides a non-telephone service to the user in response to a user selection of a non-telephone service icon on the touch screen display; The touch screen and the display controller with any associated modules and/or sets of instructions in memory detect contact and any movement or breaking of the contact on the touch screen and converts the detected contact into interaction with user-interface objects that are displayed on the touch screen];
(c) generate a floating navigation function that comprises an icon pointing to the
primary interface location in the memory device, wherein the floating navigation function is integrated with the primary interface [see para. 0052 and figures 4A-4B; the portable electronic device include a physical or virtual click wheel as an input control device. A user may navigate among and interact with one or more graphical objects displayed in the touch screen by rotating the click wheel or by moving a point of contact with the click wheel. The click wheel used to select one or more of the displayed icons. For example, the user press down on at least a portion of the click wheel or an associated button. User commands and navigation commands provided by the user via the click wheel may be processed by an input controller as well as one or more of the modules and/or sets of instructions in memory; which corresponds to indicate phone application icon that references the stored primary call session];
(d) replace the primary interface with a second interface in response to an end user selecting a first control component, wherein the floating navigation function is integrated with the second interface [see para. 0143, 0147 and figures 6A-6C; activated by a user touching the menu icon or menu button, the phone application user interface is replaced with a menu of application icons. The menu of application icons includes a phone application icon. The ongoing phone call is maintained while the menu of application icons is displayed on the touch screen display. The user continue to participate in the ongoing phone call while viewing the menu of application icons, during an ongoing phone call, the appearance of the phone application icon in the menu of application icons is changed compared to the appearance of the phone application icon when there is no ongoing phone call; which corresponds to activate of a menu icon or menu button during the phone call UI with a menu of application icons]; and
(e) display the primary interface when the floating navigation function integrated with the second interface is selected by the end user [see para. 0128, 0130; When switching to the other application, the user continue a phone call (i.e., continue participating in the call, talking and listening). This application switch is triggered by the ongoing phone call itself. For example, the user needs to get a person's contact information through the contacts module and then provide such information to the other party of the phone call and the phone call user interface includes an application switch icon. The user return to the application menu user interface by finger tapping the application switch icon; which corresponds to select of the return icon restores the primary interface]; however, Forstall fails to explicitly teach a floating navigation function.
McCormack discloses a floating navigation function [see para. 0018, 0028 and figure 2A; floating action buttons are presented on the display screen. Activating a floating action button causes an action corresponding to the floating action button to be implemented. In a floating action buttons being presented with regard to a hover over zone in a navigation environment. Navigation environment includes a navigation pane. Navigation pane includes one or more lists of entries for items; which corresponds to generate floating button icons that are integrated with a primary interface]. It would have been obvious to one of an ordinary skill in the art, having the teachings of Forstall and McCormack before the affective filing date of the claimed invention to modify, portable supporting application icon system of Forstall to include floating action buttons, as taught by McCormack.
One would have been motivated to make such a combination in order to generate a session-based, floating navigation function that allows end users to reliably navigate to a previously viewed user interface and create a more flexible.
Regarding claims 17-18, directly or indirectly dependent on claim 16, essentially correspond to those of claims 3-4 respectively. Accordingly, the same reasoning as in claims 3-4 applies to claims 17-18.
Allowable Subject Matter
Claims 5-7, 13-14 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892).
Beaton (US 6,037,937) discloses the system and method consistent with the present invention provides improved graphical navigation tool for electronic devices. The graphical navigation tools may be used to navigate through documents at any direction at varying speeds. The navigation tool is preferably transparent to prevent obscuring the text of the underlying document. Accordingly, the navigational tool does not take up additional screen real estate. The GUI of the present invention may be especially useful in portable electronic devices with small displays.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck & Co. v. Biocraft Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAO H NGUYEN whose telephone number is (571)272-4053. The examiner can normally be reached on Mon-Fri 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached on 571-272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CAO H NGUYEN/Primary Examiner, Art Unit 2171
Prosecution Insights