CTNF 18/733,075 CTNF 77891 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 1. This communication is responsive to the application filed 6/4/2024. 2. Claims 1-19 are pending in this application. Claims 1, 9, 14 and 17 are independent claims. This action is made Non-Final. Double Patenting 08-33 AIA 3. The nonstatutory double patenting rejection is based on a judicially created 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 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, e.g., 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. 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); In re Thorington , 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA 4. Claim s 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-21 of U.S. Patent No. 12/032,819 . Although the claims at issue are not identical, they are not patentably distinct from each other because they are substantially similar . Present Invention 18/733,075 Patent No. 12/032,819 1 . An electronic device, comprising: touch display; at least one processor; and memory for storing instructions that, when executed by the at least one processor individually or collectively, cause the electronic device to: control the touch display to display an icon associated with an application; control the touch display to display, based on an input on the icon, a first graphic affordance to indicate a first state of a function that the application provides; control to deform the first graphic affordance according to a moving distance of the input while the input is maintained; based on a result of comparing the moving distance of the input and a first threshold distance, control the touch display to replace the first graphic affordance with a second graphic affordance; and in response to detecting a release of the input, control a state of the function of the application to be one of the first state and a second state as being indicated by one of the first graphic affordance and the second graphic affordance when the input is released. 2 . The electronic device of claim 1, wherein, for control the touch display to replace the first graphic affordance with the second graphic affordance, the instructions, when executed by the at least one processor, cause the electronic device to: when the moving distance of the input exceeds the first threshold distance, control the touch display to replace the first graphic affordance with the second graphic affordance, and wherein the second graphic affordance indicates that the first state of the function is able to be changed into the second state of the function of the application when the input is released while the second graphic affordance is displayed. 3 . The electronic device of claim 1, wherein the instructions, when executed by the at least one processor, cause the electronic device to: control the touch display to maintain display of the first graphic affordance while the moving distance is less than the first threshold distance and the input is maintained; control the touch display to return to displaying the icon based on the moving distance being less than the first threshold distance and the input being released; control the touch display to change the first graphic affordance based on the moving distance being greater than or equal to the first threshold distance and the input being maintained; and execute the function matched to the second graphic affordance based on the moving distance being greater than or equal to the first threshold distance and the input being released. 4 . The electronic device of claim 3, wherein the instructions, when executed by the at least one processor, cause the electronic device to control the touch display to change the first graphic affordance: by visually deforming the first graphic affordance; by adding, to the first graphic affordance, at least one of an expression and an icon guiding the first state of the function; by adding, to the first graphic affordance, an acoustic affordance comprising at least one of a sound and haptics related to the first state of the function; or by displaying a preview screen corresponding to the first state of the function or the second state of the function. 5 . The electronic device of claim 1, wherein the instructions, when executed by the at least one processor, cause the electronic device to: control the touch display to replace, based on a number of functions that the application provides with a single touch gesture on the icon of the application, the second graphic affordance with one or more graphic affordances corresponding to the functions excepting the function matched to the second graphic affordance, respectively. 6 . The electronic device of claim 5, wherein the instructions, when executed by the at least one processor, cause the electronic device to: control the touch display to replace the second graphic affordance with a third graphic affordance that corresponds to a second function different from the function matched to the second graphic affordance, based on two functions being provided by the application; and control the touch display to replace the second graphic affordance with the third graphic affordance and a fourth graphic affordance that respectively correspond to three functions excepting the function matched to the second graphic affordance, based on the three functions being provided by the application with the single touch gesture on the icon of the application. 7 . The electronic device of claim 5, wherein the instructions, when executed by the at least one processor, cause the electronic device to execute a detailed function matched to each of the one or more graphic affordances based on the moving distance, distances respectively corresponding to the one or more graphic affordances, a moving direction of the input, and whether the input is maintained. 8 . The electronic device of claim 5, wherein the instructions, when executed by the at least one processor, cause the electronic device to: based on the function being matched to the second graphic affordance, a detailed function matched to a third graphic affordance based on the moving distance, distances respectively corresponding to the second graphic affordance and the third graphic affordance, and whether the input is maintained. 9 . An electronic device, comprising: touch display; and at least one processor; and memory for storing instructions that, when executed by the at least one processor individually or collectively, cause the electronic device to: control the touch display to display an icon associated with an application; control the touch display to display, based on an input on the icon, a first graphic affordance to indicate a first state of a first function that the application provides; control to deform the first graphic affordance according to a moving distance of the input while the input is maintained; based on a result of comparing the moving distance of the input and a first threshold distance, control the touch display to replace the first graphic affordance with a second graphic affordance; control to display the second graphic affordance and deform the second graphic affordance according to the moving distance of the input while the input is maintained; based on a result of comparing the moving distance of the input and a second threshold distance, control the touch display to replace the second graphic affordance with a third graphic affordance; and in response to detecting a release of the input, control a state of the first function or a second function of the application to be one as being indicated by one of the first graphic affordance, the second graphic affordance and the third graphic affordance when the input is released. 10 . The electronic device of claim 9, wherein, for control the touch display to replace the first graphic affordance with the second graphic affordance, the instructions, when executed by the at least one processor, cause the electronic device to: when the moving distance of the input exceeds the first threshold distance, control the touch display to replace the first graphic affordance with the second graphic affordance, and wherein the second graphic affordance indicates that the first state of the first function is able to be changed into a second state of the first function of the application when the input is released while the second graphic affordance is displayed. 11 . The electronic device of claim 9, wherein, for control the touch display to replace the second graphic affordance with the third graphic affordance, the instructions, when executed by the at least one processor, cause the electronic device to: when the moving distance of the input exceeds the second threshold distance that is greater than the first threshold distance, control the touch display to replace the second graphic affordance with the third graphic affordance, and wherein the third graphic affordance indicates that a first state of the second function of the application is able to be changed into a second state of the second function when the input is released while the third graphic affordance is displayed. 12 . The electronic device of claim 9, wherein the instructions, when executed by the at least one processor, cause the electronic device to: based on the moving distance being greater than or equal to the first threshold distance and the input being maintained, perform the first function corresponding to the second graphic affordance while modifying the first function according to a degree to which the moving distance exceeds the first threshold distance, while continuing to control the touch display to change the second graphic affordance. 13 . The electronic device of claim 9, wherein the instructions, when executed by the at least one processor, cause the electronic device to: execute a detailed function as the second function matched to the third graphic affordance based on the moving distance corresponding to the third graphic affordance and exceeding the second threshold distance. 14 . An operating method of an electronic device, the operating method comprising: displaying an icon associated with an application; displaying, based on an input on the icon, a first graphic affordance to indicate a first state of a function that the application provides; deforming the first graphic affordance according to a moving distance of the input while the input is maintained; based on a result of comparing the moving distance of the input and a first threshold distance, replacing the first graphic affordance with a second graphic affordance; and in response to detecting a release of the input, controlling a state of the function of the application to be one of the first state and a second state as being indicated by one of the first graphic affordance and the second graphic affordance when the input is released. 15 . The operating method of claim 14, wherein the replacing the first graphic affordance with the second graphic affordance comprises: when the moving distance of the input exceeds a threshold distance, replacing the first graphic affordance with the second graphic affordance, and wherein the second graphic affordance indicates that the first state of the function is able to be changed into the second state of the function of the application when the input is released while the second graphic affordance is displayed. 16 . The operating method of claim 14, wherein the replacing the first graphic affordance with the second graphic affordance comprises at least one of: maintaining displaying the first graphic affordance while the moving distance is less than the first threshold distance and the input is maintained; returning to displaying the icon based on the moving distance being less than the first threshold distance and the input being released; changing the first graphic affordance based on the moving distance being greater than or equal to the first threshold distance and the input being maintained; and executing the function matched to the second graphic affordance based on the moving distance being greater than or equal to the first threshold distance and the input being released. 17 . An operating method of an electronic device, the operating method comprising: displaying an icon associated with an application; displaying, based on an input on the icon, a first graphic affordance to indicate a first state of a first function that the application provides; deforming the first graphic affordance according to a moving distance of the input while the input is maintained; based on a result of comparing the moving distance of the input and a first threshold distance, replacing the first graphic affordance with a second graphic affordance; displaying the second graphic affordance and deforming the second graphic affordance according to the moving distance of the input while the input is maintained; based on a result of comparing the moving distance of the input and a second threshold distance, replacing the second graphic affordance with a third graphic affordance; and in response to detecting a release of the input, controlling a state of the first function or a second function of the application to be one as being indicated by one of the first graphic affordance, the second graphic affordance and the third graphic affordance when the input is released. 18 . The operating method of claim 17, wherein the replacing the first graphic affordance with the second graphic affordance comprises at least one of: when the moving distance of the input exceeds the first threshold distance, replacing the first graphic affordance with the second graphic affordance, and wherein the second graphic affordance indicates that the first state of the first function is able to be changed into a second state of the first function of the application when the input is released while the second graphic affordance is displayed. 19 . The operating method of claim 17, wherein the replacing the second graphic affordance with the third graphic affordance comprises at least one of: when the moving distance of the input exceeds the second threshold distance that is greater than the first threshold distance, replacing the second graphic affordance with the third graphic affordance, and wherein the third graphic affordance indicates that a first state of the second function of the application is able to be changed into a second state of the second function when the input is released while the third graphic affordance is displayed. 1. An electronic device, comprising: a touch display; and a processor configured to: control the touch display to display an icon associated with an application; control the touch display to display, based on an input on the icon, a first graphic affordance to indicate a first state of a function that the application provides; control to deform the first graphic affordance according to a moving distance of the input while the input is maintained; when the moving distance of the input exceeds a first threshold distance, control the touch display to replace the first graphic affordance with a second graphic affordance, wherein the second graphic affordance indicates that the first state of the function is able to be changed into a second state of the function of the application when the input is released while the second graphic affordance is displayed; and in response to detecting a release of the input, control a state of the function of the application to be one of the first state and the second state as being indicated by one of the first graphic affordance and the second graphic affordance when the input is released. 2. The electronic device of claim 1, wherein the processor is further configured to: control the touch display to maintain display of the first graphic affordance while the moving distance is less than the first threshold distance and the input is maintained; control the touch display to return to displaying the icon based on the moving distance being less than the first threshold distance and the input being released; control the touch display to change the first graphic affordance based on the moving distance being greater than or equal to the first threshold distance and the input being maintained; and execute the function matched to the second graphic affordance based on the moving distance being greater than or equal to the first threshold distance and the input being released. 3. The electronic device of claim 2, wherein the processor is further configured to control the touch display to change the first graphic affordance: by visually deforming the first graphic affordance; by adding, to the first graphic affordance, at least one of an expression and an icon guiding the first state of the function; by adding, to the first graphic affordance, an acoustic affordance comprising at least one of a sound and haptics related to the first state of the function; or by displaying a preview screen corresponding to the first state of the function or the second state of the function. 4. The electronic device of claim 1, wherein the processor is further configured to control the touch display to replace, based on a number of functions that the application provides with a single touch gesture on the icon of the application, the second graphic affordance with one or more graphic affordances corresponding to the functions excepting the function matched to the second graphic affordance, respectively. 5. The electronic device of claim 4, wherein the processor is further configured to: control the touch display to replace the second graphic affordance with a third graphic affordance that corresponds to a second function different from the function matched to the second graphic affordance, based on two functions being provided by the application; and control the touch display to replace the second graphic affordance with the third graphic affordance and a fourth graphic affordance that respectively correspond to three functions excepting the function matched to the second graphic affordance, based on the three functions being provided by the application with the single touch gesture on the icon of the application. 6. The electronic device of claim 4, wherein the processor is further configured to execute a detailed function matched to each of the one or more graphic affordances based on the moving distance, distances respectively corresponding to the one or more graphic affordances, a moving direction of the input, and whether the input is maintained. 7. The electronic device of claim 6, wherein the processor is further configured to execute, based on the function being matched to the second graphic affordance, a detailed function matched to a third graphic affordance based on the moving distance, the distances respectively corresponding to the second graphic affordance and the third graphic affordance, and whether the input is maintained. 8. An operating method of an electronic device, the operating method comprising: displaying an icon associated with an application; displaying, based on an input on the icon, a first graphic affordance to indicate a first state of a function that the application provides; deforming the first graphic affordance according to a moving distance of the input while the input is maintained; when the moving distance of the input exceeds a threshold distance, replacing the first graphic affordance with a second graphic affordance, wherein the second graphic affordance indicates that the first state of the function is able to be changed into a second state of the function of the application when the input is released while the second graphic affordance is displayed; and in response to detecting a release of the input, controlling a state of the function of the application to be one of the first state and the second state as being indicated by one of the first graphic affordance and the second graphic affordance when the input is released. 9. An electronic device, comprising: a touch display; and a processor configured to: control the touch display to display an icon associated with an application; control the touch display to display, based on an input on the icon, a first graphic affordance to indicate a first state of a first function that the application provides; control to deform the first graphic affordance according to a moving distance of the input while the input is maintained; when the moving distance of the input exceeds a first threshold distance, control the touch display to replace the first graphic affordance with a second graphic affordance, wherein the second graphic affordance indicates that the first state of the first function is able to be changed into a second state of the first function of the application when the input is released while the second graphic affordance is displayed; control to display the second graphic affordance and deform the second graphic affordance according to the moving distance of the input while the input is maintained; when the moving distance of the input exceeds a second threshold distance that is greater than the first threshold distance, control the touch display to replace the second graphic affordance with a third graphic affordance, wherein the third graphic affordance indicates that a first state of a second function of the application is able to be changed into a second state of the second function when the input is released while the third graphic affordance is displayed; and in response to detecting a release of the input, control a state of the first function or the second function of the application to be one as being indicated by one of the first graphic affordance, the second graphic affordance and the third graphic affordance when the input is released. 10. The electronic device of claim 9, wherein the processor is further configured to, based on the moving distance being greater than or equal to the first threshold distance and the input being maintained, perform the first function corresponding to the second graphic affordance while modifying the first function according to a degree to which the moving distance exceeds the first threshold distance, while continuing to control the touch display to change the second graphic affordance. 11. The electronic device of claim 10, wherein the processor is further configured to: execute a detailed function as the second function matched to the third graphic affordance based on the moving distance corresponding to the third graphic affordance and exceeding the second threshold distance . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wan et al (US 11,119,642). Any inquiry concerning this communication or earlier communications from the examiner should be directed to RASHAWN N TILLERY whose telephone number is (571)272-6480. The examiner can normally be reached M-F 9:00a - 5:30p. 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, William L Bashore can be reached at (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RASHAWN N TILLERY/Primary Examiner, Art Unit 2174 Application/Control Number: 18/733,075 Page 2 Art Unit: 2174 Application/Control Number: 18/733,075 Page 3 Art Unit: 2174 Application/Control Number: 18/733,075 Page 4 Art Unit: 2174 Application/Control Number: 18/733,075 Page 5 Art Unit: 2174 Application/Control Number: 18/733,075 Page 6 Art Unit: 2174 Application/Control Number: 18/733,075 Page 7 Art Unit: 2174 Application/Control Number: 18/733,075 Page 8 Art Unit: 2174 Application/Control Number: 18/733,075 Page 9 Art Unit: 2174 Application/Control Number: 18/733,075 Page 10 Art Unit: 2174 Application/Control Number: 18/733,075 Page 11 Art Unit: 2174 Application/Control Number: 18/733,075 Page 12 Art Unit: 2174 Application/Control Number: 18/733,075 Page 13 Art Unit: 2174 Application/Control Number: 18/733,075 Page 14 Art Unit: 2174 Application/Control Number: 18/733,075 Page 15 Art Unit: 2174 Application/Control Number: 18/733,075 Page 16 Art Unit: 2174 Application/Control Number: 18/733,075 Page 17 Art Unit: 2174 Application/Control Number: 18/733,075 Page 18 Art Unit: 2174 Application/Control Number: 18/733,075 Page 19 Art Unit: 2174 Application/Control Number: 18/733,075 Page 20 Art Unit: 2174 Application/Control Number: 18/733,075 Page 21 Art Unit: 2174 Application/Control Number: 18/733,075 Page 22 Art Unit: 2174 Application/Control Number: 18/733,075 Page 23 Art Unit: 2174 Application/Control Number: 18/733,075 Page 24 Art Unit: 2174 Application/Control Number: 18/733,075 Page 25 Art Unit: 2174 Application/Control Number: 18/733,075 Page 26 Art Unit: 2174 Application/Control Number: 18/733,075 Page 27 Art Unit: 2174 Application/Control Number: 18/733,075 Page 28 Art Unit: 2174 Application/Control Number: 18/733,075 Page 29 Art Unit: 2174 Application/Control Number: 18/733,075 Page 30 Art Unit: 2174
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