DETAILED ACTION
This action is responsive to the following communication: the Preliminary amendment filed on 04/23/2025. This action is made non-final.
Claims 1-12 are pending in the case. Claims 1, 11, and 12 are independent claims.
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 .
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 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.
Double Patenting
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-12 are rejected on the ground of nonstatutory double patenting over claims as mapped in the below table of U. S. Patent No. 9891811 (hereinafter ‘811) in view of Smith et al. (US 2014/0053116 A1; hereinafter Smith).
Instant Application: 18/906,083
‘811
Claim 1.
A method, including: at an electronic device with a touch-sensitive display:
Claim 1.
A method, comprising: at an electronic device with a display, a touch-sensitive surface, and one or more sensors for detecting intensities of contacts on the touch-sensitive surface:
+ displaying, on the touch-sensitive display, a first view of a first application;
+ displaying, on the display, a first view of a first application;
+ while displaying the first view, detecting a swipe input from an edge of the touch- sensitive display;
+ while displaying the first view, detecting a first portion of a first input that includes detecting a first contact on the touch-sensitive surface and detecting movement of the first contact across the touch-sensitive surface in a first direction;
+ in response to detecting at least a first portion of the swipe input from the edge of the touch-sensitive display concurrently displaying, on the touch-sensitive display, at least a first application view corresponding to a first application, a second application view corresponding to a second application, and a representation of a home screen user interface that includes representations of a plurality of application launch icons
+ in response to detecting the first portion of the first input, in accordance with a determination that the first portion of the first input meets application-switching criteria, concurrently displaying, on the display, portions of a plurality of application views including the first application view and a second application view;
Smith discloses a representation of a home screen user interface that includes representations of a plurality of application launch icons (Smith: ¶ 0037; each Home screen can include application icons, widgets. ¶ 0055; the task list always has a Home screen at position 0 and contains all the tasks in the system in the correct order; The INQTaskManager also maintains a record of the current task (i.e. that which is currently on the screen) and screenshots (eg. captured as bitmaps) for each task. It provides a list of visible tasks (some are hidden) which are used in task swiping and using the functionality of the open applications screen).
while concurrently displaying the portions of the plurality of application views, detecting a second portion of the first input, after the first portion of the first input, that includes liftoff of the first contact at an end of the second portion of the first input, wherein the first contact is maintained on the touch-sensitive surface throughout the first portion of the first input and the second portion of the first input until liftoff of the first contact occurs at the end of the second portion of the first input; and
+ in response to detecting the second portion of the first input that includes liftoff of the first contact:
+ in accordance with a determination that the second portion of the first input meets first-view display criteria, wherein the first-view display criteria include a criterion that is met when the liftoff of the first contact is detected in a first region of the touch-sensitive surface, ceasing to display the portion of the second application view and displaying the first application view on the display; and
+ in accordance with a determination that the second portion of the first input meets multi-view display criteria, wherein the multi-view display criteria includes a criterion that is met when the liftoff of the first contact is detected in a second region of the touch-sensitive surface that is different from the first region of the touch-sensitive surface, maintaining concurrent display of at least a portion of the first application view and at least a portion of the second application view on the display after detecting the liftoff of the first contact; and
+ after detecting the first portion of the first input that includes detecting the first contact on the touch-sensitive surface, and before detecting the second portion of the first input that includes liftoff of the first contact:
+ detecting movement of the first contact on the touch-sensitive surface in the first direction; and
+ in response to detecting the movement of the first contact in the first direction, in accordance with a determination that the first contact moves into the second region of the touch-sensitive surface, decreasing respective sizes of the plurality of application views including the first application view and the second application view
Claim 2
Claim 1
Claim 3
Claim 9 (e.g., displaying a plurality of user interface representations in a stack on the display
Claim 4
Claim 6
Claim 5
Claim 6 in view of Smith for the home screen representation disclosure
Claim 6
Smith (see ¶ 0055)
Claim 7
Claim 1
Claim 8
Claim 3
Claim 9
Claim 1
Claim 10
Claim 1 in view of Smith for the home screen representation disclosure
Claim 11
Claim 24
Claim 12
Claim 47
As can be seen from the table above, the claims of US Patent No. ‘811 contains all the limitations of Claims 1-12 of the instant application except for one limitation “a representation of a home screen user interface that includes representations of a plurality of application launch icons”. Smith provides a suggestion to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have included the feature of including a representation of a home screen in the task list for task switching as claimed. Smith discloses such suggestion in paragraphs 0037, 0055 (see the mapping is provided in the above table). Therefore, one of ordinary skill in the art at the time of the invention would have recognized the obvious additional limitation of switching between applications and home screen as suggested by Smith to allow the user to quickly switch between tasks and home screen representation (e.g., Smith: see ¶ 0003).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 12 is rejected under 35 USC § 101 as being directed to non-statutory subject matter.
With respect to claim 12, a “computer readable storage medium” is being recited; however, in accordance with Applicant’s specification (e.g., see [0008]), the computer readable storage medium may not be limited to non-transitory computer readable storage medium only (e.g., Specification [0008] recites “non-transitory computer readable storage medium” and does not define the scope of the computer readable storage medium). This subject matter is not limited to that which falls within a statutory category of invention because it is not limited to a process, a machine, manufacture, or a composition of matter.
Claim Rejections - 35 USC § 103
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Shirzadi et al. (US 2014/0282214 A1; hereinafter as Shirzadi) in view of Smith et al. (US 2014/0053116 A1; hereinafter Smith).
As to claim 1, Shirzadi discloses:
A method (see ¶ 0010), including:
at an electronic device with a touch-sensitive display (see Fig. 1 and ¶ 0014):
displaying, on the touch-sensitive display, a first view of a first application (see Fig. 13 and ¶¶ 0043; first application in this example is weather application);
while displaying the first view, detecting a swipe input from an edge of the touch- sensitive display (see Fig. 14 and ¶¶ 0043; the gesture that indicates a request to display information associated with a second application is detected; the gesture in this example has an origin associated with a right edge such as a swipe that has a path 1402 that starts at the right edge and continues onto the display area 202 toward the left as shown in Fig. 14);
in response to detecting at least a first portion of the swipe input from the edge of the touch-sensitive display concurrently displaying, on the touch-sensitive display, at least a first application view corresponding to a first application, a second application view corresponding to a second application, and a representation of a third user interface (see Fig. 15 and ¶ 0044; as shown in Fig. 15, the second application information/representation 1502 shifts onto the display and displaying simultaneously with the weather representation. See Fig. 31 and ¶ 0059; a third image may be displayed 2212 in addition to the first image and the second image).
Shirzadi does not expressly disclose a representation of a home screen user interface that includes representations of a plurality of application launch icons.
However, Smith is relied upon for teaching the limitations. Specifically, Smith discloses a method for switching between multiple applications that have been executed on a device (see ¶ 0005), the multiple applications comprise the first application, second application, and a representation of a home screen user interface that includes representations of a plurality of application launch icons (see Fig. 3 and ¶ 0037; Home screen and other applications spawn to the right of the Home screen. ¶ 0055; The task list always has a Home screen at position 0 and contains all the tasks in the system in the correct order. New tasks are added when launched, the most recently launched task is positioned to the right of the Home screen. Tasks remain in the task list until they are closed. The INQTaskManager also maintains a record of the current task (i.e. that which is currently on the screen) and screenshots (eg. captured as bitmaps) for each task. It provides a list of visible tasks (some are hidden) which are used in task swiping and using the functionality of the open applications screen).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teaching of Shirzadi and the teaching of Smith together to achieve the claimed invention. One of ordinary skill in the art would have made the combination because Shirzadi suggests that multiple representations can be simultaneously displayed (Shirzadi: see Fig. 31 and ¶ 0059) and the representation includes home screen and so forth (Shirzadi: see ¶ 0038) and the advantages provided by Smith that provides a mechanism that enables switching of tasks in a user-friendly manner (Smith: see ¶ 0004).
As to claim 2, the rejection of claim 1 is incorporated. Shirzadi and Smith further disclose:
while concurrently displaying the first application view, the second application view, and the representation of the home screen user interface, detecting a selection input directed to a respective one of the first application view, the second application view, and the representation of the home screen user interface; and in response to detecting the selection input: ceasing to display the first application view, the second application view, and the representation of the home screen user interface; and displaying a respective user interface of the first application, the second application, or the home screen user interface, to which the selection input is directed (Shirzadi: see ¶ 0046; upon previewing the second application information, the user may desire to open the second application, the second application may be opened when the gesture includes a characteristic that indicates opening of the second application, i.e., one option for the gesture to open the second application is for the path 1802 of the gesture to continue in its current direction until the gesture is associated with another edge or side of the display. See Fig. 22 and ¶ 0060; the adjusting of display of the first and second images may continue as long as the gesture continues or in response to detecting an indication when a threshold for the gesture is met, the threshold include a distance traveled by the gesture in one direction, a time duration of the gesture, the gesture passing a location on the display, and so forth. ¶ 0064; when the gesture extends across the display or meets a time or distance threshold, the message is opened for display and interaction such as shown in Figs. 25-27).
As to claim 3, the rejection of claim 1 is incorporated. Shirzadi and Smith further disclose: wherein the first application view, the second application view, and the representation of the home screen user interface are displayed on different display layers (Shirzadi: see Fig. 31 and ¶ 0059. Smith: see Fig. 3 and ¶ 0037, 0055). Combining Shirzadi and Smith would meet the claimed limitations for the same reasons as set forth in claim 1.
As to claim 4, the rejection of claim 1 is incorporated. Shirzadi and Smith further disclose: wherein the first application view partially overlaps with the second application view (Shirzadi: see Fig. 7, 31 and ¶ 0059).
As to claim 5, the rejection of claim 1 is incorporated. Shirzadi and Smith further disclose: wherein the first application view partially overlaps with the representation of the home screen user interface (Shirzadi: see Fig. 7, 31 and ¶ 0059. ¶ 0038; Shirzadi discloses that the second application may be any suitable application including home screen. Smith: see Fig. 3 and ¶ 0037, 0055: Smith suggests the switching between applications comprising first application, second application, and home screen user interface). Combining Shirzadi and Smith would meet the claimed limitations for the same reasons as set forth in claim 1.
As to claim 6, the rejection of claim 1 is incorporated. Shirzadi and Smith further disclose: wherein concurrently displaying at least the first application view, the second application view, and the representation of the home screen user interface includes concurrently displaying a plurality of application views corresponding to a plurality of applications and the representation of the home screen user interface, and wherein the plurality of application views are arranged in accordance with an order by which the plurality of applications were last displayed on the touch-sensitive display (Smith: see Fig. 3 and ¶ 0037, 0055: Smith suggests the switching between applications comprising first application, second application, and home screen user interface. Fig. 3 illustrates the order of open apps. ¶ 0055; The task list always has a Home screen at position 0 and contains all the tasks in the system in the correct order. New tasks are added when launched, the most recently launched task is positioned to the right of the Home screen. Tasks remain in the task list until they are closed). Combining Shirzadi and Smith would meet the claimed limitations for the same reasons as set forth in claim 1.
As to claim 7, the rejection of claim 1 is incorporated. Shirzadi and Smith further disclose: in response to detecting at least a second portion of the swipe input, wherein the second portion of the swipe input includes first movement of a first contact across the touch-sensitive display while the first application view and the second application view are concurrently displayed on the touch-sensitive display, decreasing respective sizes of the first application view and the second application view in accordance with the first movement of the first contact across the touch-sensitive display (Shirzadi: see Fig. 6 and ¶ 0025; For example, FIG. 4 and FIG. 5 illustrate that the first application information is reduced in size more as the path 402 of the gesture extends further into the display area 202).
As to claim 8, the rejection of claim 7 is incorporated. Shirzadi and Smith further disclose: in response to detecting at least a third portion of the swipe input following the second portion of the swipe input, wherein the third portion of the swipe input includes second movement of the first contact across a touch-sensitive surface of the touch-sensitive device that follows the first movement of the first contact across the touch-sensitive display, increasing the respective sizes of the first application view and the second application view in accordance with the second movement of the first contact across the touch-sensitive display (Shirzadi: see ¶ 0030, 0086, 0092, 0099; When the gesture ceases, optionally, the first application information is again displayed on the display 118, as shown in the example of FIG. 9. With this option, the first application information 404 may be displayed in a gradually increasing size, may shift or scroll back onto the display area 202, or may be immediately restored to full or normal display size, such as shown in FIG. 3. ¶ 0099; when the gesture changes direction, e.g., reverses direction, less of the second application information may be displayed. When the gesture returns to its origin, the second application information is no longer displayed or the electronic device 100 discontinues displaying the second application information, and the first application information is again displayed in this example. When the gesture ends at any location on the display 118 without selecting a selection option, the first application information may again be displayed on the display 118, such as shown in FIG. 41. The first application information 4110 may be displayed in a gradually increasing size, may gradually shift or scroll back onto the display area 118, or may be immediately restored to full or normal display size, e.g., filling the entire window where the first information 4110 is displayed).
As to claim 9, the rejection of claim 8 is incorporated. Shirzadi and Smith further disclose: wherein the first application view and the second application view move in a first direction during the first movement of the first contact, and the first application view and the second application view move in a second direction during the second movement of the first contact, wherein the first direction is different from the second direction (Shirzadi: see ¶ 0030, 0086, 0092, 0099; When the gesture ceases, optionally, the first application information is again displayed on the display 118, as shown in the example of FIG. 9. With this option, the first application information 404 may be displayed in a gradually increasing size, may shift or scroll back onto the display area 202, or may be immediately restored to full or normal display size, such as shown in FIG. 3. ¶ 0099; when the gesture changes direction, e.g., reverses direction, less of the second application information may be displayed. When the gesture returns to its origin, the second application information is no longer displayed or the electronic device 100 discontinues displaying the second application information, and the first application information is again displayed in this example. When the gesture ends at any location on the display 118 without selecting a selection option, the first application information may again be displayed on the display 118, such as shown in FIG. 41. The first application information 4110 may be displayed in a gradually increasing size, may gradually shift or scroll back onto the display area 118, or may be immediately restored to full or normal display size, e.g., filling the entire window where the first information 4110 is displayed).
As to claim 10, the rejection of claim 1 is incorporated. Shirzadi and Smith further disclose: detecting termination of the swipe input; after detecting termination of the swipe input, while maintaining concurrent display of the first application view, the second application view, and the representation of the home screen user interface, detecting a second swipe input on the touch-sensitive display; and in response to detecting the second swipe input on the touch-sensitive display, in accordance with a determination that the second swipe input has a first preset direction, sliding the first application view and the second application view relative to each other (Shirzadi: see Figs. 14-15 and ¶ 0045; the second application information shifts or scroll along with or in accordance with movement of the gesture, the first application information may shrink or shift or scroll as the second application information shifts or scroll onto the display. Shirzadi: see ¶ 0030, 0086, 0092, 0099; When the gesture ceases, optionally, the first application information is again displayed on the display 118, as shown in the example of FIG. 9. With this option, the first application information 404 may be displayed in a gradually increasing size, may shift or scroll back onto the display area 202, or may be immediately restored to full or normal display size, such as shown in FIG. 3. ¶ 0099; when the gesture changes direction, e.g., reverses direction, less of the second application information may be displayed. When the gesture returns to its origin, the second application information is no longer displayed or the electronic device 100 discontinues displaying the second application information, and the first application information is again displayed in this example. When the gesture ends at any location on the display 118 without selecting a selection option, the first application information may again be displayed on the display 118, such as shown in FIG. 41. The first application information 4110 may be displayed in a gradually increasing size, may gradually shift or scroll back onto the display area 118, or may be immediately restored to full or normal display size, e.g., filling the entire window where the first information 4110 is displayed).
As to claim 11, claim 11 is directed to an electronic device, including: a touch-sensitive display; one or more processors; memory; and one or more programs stored in the memory, the one or more programs including instructions that, when executed by the one or more processors, cause the electronic device to implement the method steps as claimed in claim 1; therefore, is rejected under similar rationale (Shirzadi: see Fig. 1 and ¶ 0013-0016).
As to claim 12, claim 12 is directed to a computer readable storage medium storing one or more programs, the one or more programs including instructions, which, when executed by an electronic device with a touch-sensitive display, cause the electronic device to implement the method steps as claimed in claim 1; therefore, is rejected under similar rationale (Shirzadi: see Fig. 1 and ¶ 0013-0016).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. 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)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUYETLIEN T TRAN whose telephone number is (571)270-1033. The examiner can normally be reached M-F: 8:00 AM - 8:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Irete (Fred) Ehichioya can be reached on 571-272-4034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUYETLIEN T TRAN/Primary Examiner, Art Unit 2179
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