Apple Inc.

Patent Trials and Appeals Board

Jan 18, 2022

2021005398 (P.T.A.B. Jan. 18, 2022)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 16/144,629 09/27/2018 Behkish J. MANZARI P39623US1/77770000493101 6650 150004 7590 01/18/2022 DENTONS US LLP - Apple 4655 Executive Dr Suite 700 San Diego, CA 92121 EXAMINER MAZUMDER, SAPTARSHI ART UNIT PAPER NUMBER 2612 NOTIFICATION DATE DELIVERY MODE 01/18/2022 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): dentons_PAIR@firsttofile.com patent.docket@dentons.com patents.us@dentons.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte BEHKISH J. MANZARI Appeal 2021-005398 Application 16/144,629 Technology Center 2600 Before MAHSHID D. SAADAT, ROBERT E. NAPPI, and BETH Z. SHAW, Administrative Patent Judges. SHAW, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1, 3, 7-16, 18, 20-27, 29, and 31-38. We have jurisdiction under 35 U.S.C. § 6(b). We held a video hearing on January 6, 2022. We REVERSE. 1 We use the word Appellant to refer to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies the real party in interest as Apple Inc. Appeal Br. 4. Appeal 2021-005398 Application 16/144,629 2 CLAIMED SUBJECT MATTER The claims are directed to user interfaces for simulated depth effects. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. An electronic device, comprising: a display; one or more input devices; one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: concurrently displaying, on the display, a representation of image data and a simulated depth effect indicator; while concurrently displaying the simulated depth effect indicator and the representation of image data with a simulated depth effect as modified by a first value of a plurality of selectable values for the simulated depth effect, detecting, via the one or more input devices, a first input; in response to detecting the first input: displaying, on the display, an adjustable slider associated with manipulating the representation of image data concurrently with the simulated depth effect indicator, wherein displaying the adjustable slider comprises sliding the representation of image data on the display to display the adjustable slider, wherein the slider is displayed at a location that was previously occupied by a portion of the representation of the image data that is displayed above the slider after sliding the representation of the image data on the display, and wherein the adjustable slider includes: a plurality of option indicators corresponding to a plurality of the selectable values for the simulated depth effect; and a selection indicator indicating that the first value is a currently-selected simulated depth effect value; while displaying the adjustable slider, detecting, via the one or more input devices, an input directed to the adjustable slider; Appeal 2021-005398 Application 16/144,629 3 in response to detecting the input directed to the adjustable slider: moving the adjustable slider to indicate that a second value, of the plurality of selectable values for the simulated depth effect, is the currently-selected simulated depth effect value; and changing an appearance of the representation of image data in accordance with the simulated depth effect as modified by the second value; and while displaying the representation of the image data in accordance with the simulated depth effect as modified by the second value, concurrently displaying, on the display, the simulated depth effect indicator, wherein the simulated depth effect indicator includes a numerical indication of a current magnitude of the simulated depth effect corresponding to the second value. REFERENCES The prior art relied upon by the Examiner is: Name Reference Date Jafry US 2014/0063175 A1 March 6, 2014 Murayama US 2015/0154448 A1 June 4, 2015 Maeda US 2016/0077725 A1 March 17, 2016 Laroia US 2018/0109722 A1 April 19, 2018 Kamimaru US 2018/0267703 A1 September 20, 2018 REJECTIONS Claims 1, 3, 7, 8, 11, 12, 14-16, 18, 20, 21, 24, 25, 27, 29, 31, 32, 35, 36, and 38 are rejected under 35 U.S.C. § 103 as being unpatentable over Laroia and Jafry. Final Act. 3. Claims 9, 22, and 33 are rejected under 35 U.S.C. § 103 as being unpatentable over Laroia, Jafry, and Kamimaru. Final Act. 11. Appeal 2021-005398 Application 16/144,629 4 Claims 10, 23, and 34 are rejected under 35 U.S.C. § 103 as being unpatentable over Laroia, Jafry, and Maeda. Final Act. 12. Claims 13, 26, and 37 are rejected under 35 U.S.C. § 103 as being unpatentable over Laroia, Jafry, and Murayama. Final Act. 14. OPINION Claim 1 requires, in part “concurrently displaying, on the display, a representation of image data and a simulated depth effect indicator” and, “in response to detecting [a] first input,” “displaying, on the display, an adjustable slider associated with manipulating the representation of image data concurrently with the simulated depth effect indicator.” Appellant argues that the cited portions of Laroia do not teach these disputed elements. Appeal 2021-005398 Application 16/144,629 5 Figures 42 and 43 of Laroia are reproduced below. Figures 42 and 43 of Laroia each illustrate a touch screen display of a camera device. Laroia ¶¶ 66, 67. The Examiner relies on element 4204 from Figure 42 and 4308 from Figure 43 of Laroia as teaching the claimed “simulated depth effect indicator.” Ans. 4. The Examiner finds that “elements 4204 and element 4308 work as a same depth effect indicator.” Id. Appeal 2021-005398 Application 16/144,629 6 We agree with Appellant that Laroia’s element 4204 in Figure 42 and element 4308 in Figure 43, however, are different elements displayed on two separate interface screens. Laroia describes that “settings menu 4202 includes a plurality of different icons including at least some icons corresponding to user control options.” Laroia ¶ 218. “Menu 4202 includes a depth of field control option icon 4204 and an aspect ratio control option icon 4206.” Id. “In some embodiments, a user of the camera device taps or touches the touch screen in the location of depth of field control icon 4204 to indicate that the user has selected the depth of field control option.” Id. Laroia also describes that “[d]epth of field numerical indicator value 4308, located above the current depth of field indicator 4306, indicates the current setting of the depth of field when the depth of field indicator 4306 is not moving.” Id. ¶ 219. Element 4308 appears in Figure 43 of Laroia after the user has first selected element 4204 shown in Figure 42. Id. Thus, the two elements do not appear together on the same interface. We are persuaded by Appellant’s argument that these two elements are distinct and therefore do not teach the claimed “simulated depth effect indicator.” Therefore, on this record, we agree with Appellant that the cited portions of Laroia and Jafry do not teach the disputed limitations of claim 1. Accordingly, we do not sustain the rejection of claim 1 under 35 U.S.C. § 103, and, for the same reasons, we do not sustain the rejection of claims 3, 7, 8, 11, 12, 14-16, 18, 20, 21, 24, 25, 27, 29, 31, 32, 35, 36, and 38. We also do not sustain the rejections of the remaining pending claims, because the Examiner does not find that Kamimaru, Maeda, or Murayama cure the above-noted deficiencies. Appeal 2021-005398 Application 16/144,629 7 CONCLUSION We reverse the rejections. DECISION SUMMARY In summary: Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1, 3, 7, 8, 11, 12, 14- 16, 18, 20, 21, 24, 25, 27, 29, 31, 32, 35, 36, 38 103 Laroia, Jafry 1, 3, 7, 8, 11, 12, 14- 16, 18, 20, 21, 24, 25, 27, 29, 31, 32, 35, 36, 38 9, 22, 33 103 Laroia, Jafry, Kamimaru 9, 22, 33 10, 23, 34 103 Laroia, Jafry, Maeda 10, 23, 34 13, 26, 37 103 Laroia, Jafry, Murayama 13, 26, 37 Overall Outcome 1, 3, 7-16, 18, 20-27, 29, 31-38 REVERSED