Ex Parte Hunt et alDownload PDFPatent Trial and Appeal BoardFeb 27, 201913537558 (P.T.A.B. Feb. 27, 2019) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/537,558 06/29/2012 58127 7590 02/27/2019 FERENCE & ASSOCIATES LLC 409 BROAD STREET PITTSBURGH, PA 15143 FIRST NAMED INVENTOR John Miles Hunt 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 ATTORNEY DOCKET NO. CONFIRMATION NO. RPS920120008USNP(7 l 0.195) 8387 EXAMINER MISHLER, ROBIN J ART UNIT PAPER NUMBER 2628 MAIL DATE DELIVERY MODE 02/27/2019 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte JOHN MILES HUNT, JOHN WELDON NICHOLSON, JAMES STEPHEN RUTLEDGE, and SONG WANG Appeal2018-000513 1 Application 13/537,5582 Technology Center 2600 Before BARBARA A. BENOIT, LINZY T. McCARTNEY, and JOHN D. HAMANN, Administrative Patent Judges. HAMANN, Administrative Patent Judge. DECISION ON APPEAL Appellants file this appeal under 35 U.S.C. § 134(a) from the Examiner's Final Rejection of claims 1, 2, 4, 6-12, 14, and 16-20. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 1 Our Decision relies upon Appellants' Appeal Brief ("App. Br.," filed June 19, 2017), Reply Brief ("Reply Br.," filed Oct. 16, 2017), and Specification ("Spec.," filed June 29, 2012), as well as the Examiner's Answer ("Ans.," mailed Aug. 15, 2017) and the Final Office Action ("Final Act.," mailed Jan. 19, 2017). 2 According to Appellants, the real party in interest is Lenovo (Singapore) PTE, LTD. App. Br. 3. Appeal 2018-000513 Application 13/537,558 THE CLAIMED INVENTION Appellants' claimed invention relates to a touch screen display device having a touch sensitive surface that accepts touch inputs based on exceeding certain pressure thresholds. Abstract, Spec. ,r 1. Based on the touch inputs, a variety of functions can be performed, such as scrolling or zooming. Spec. ,r 1. Claim 1 is illustrative of the subject matter of the appeal and is reproduced below. 1. A method, comprising: displaying content on a touch screen display of a device; accepting touch input exceeding a touch detection threshold at a touch sensitive surface of the device, wherein the touch detection threshold is a pressure threshold; performing a first action to displayed content associated with the touch input based upon the touch input being applied to a location at the touch sensitive surface exceeding a first touch detection threshold; wherein the first action performed comprises magnifying the displayed content associated with the touch input; and performing a second action to the displayed content based upon the touch input being applied to substantially the same location at the touch sensitive surface, being sustained at substantially the same location, and exceeding a second touch detection threshold, wherein the second touch detection threshold requires more pressure than the first touch detection threshold; wherein the second action is different from the first action of magnifying the displayed content associated with the touch input. REJECTIONS ON APPEAL ( 1) The Examiner rejected claims 1, 4, 6-11, 14, and 16-2 0 under 35 U.S.C. § I03(a) as being unpatentable over the combination of Ording et al. (US 2010/0235735 Al; published Sept. 16, 2010) (hereinafter "Ording"), 2 Appeal 2018-000513 Application 13/537,558 Rimas-Ribikauskas et al. (US 2006/0132455 Al; published June 22, 2006) (hereinafter "Rimas"), and Kontio (US 2012/0068938 Al; published Mar. 22, 2012) (hereinafter "Kontio"). (2) The Examiner rejected claims 2 and 12 under 35 U.S.C. § I03(a) as being unpatentable over the combination of Ording, Rimas, Kontio, and Lee et al. (US 2011/0163986 Al; published July 7, 2011) (hereinafter "Lee"). The Examiner clarified in the Answer that this rejection includes the Kontio reference as "the rejection of dependent claims 2 and 12 include[ s] the rejection of independent claims 1 and 11 which both include the reference Kontio." Ans. 2; see also Final Act. 4. Thus, Appellants' argument that this rejection should include Kontio or be reversed is moot. App. Br. 14; Reply Br. 15-16. To the extent that Appellants consider the Examiner's clarification a new ground of rejection, Appellants could have filed a petition with the Director or substantively addressed Kontio in the Reply. See MPEP § 1207.03 (b)3 (9th ed., Rev. 7, Nov. 2015). Appellants did neither of these things. Reply Br. 15-16. 3 "3 7 CPR 41.40 sets forth the exclusive procedure for an appellant to request review of the primary examiner's failure to designate a rejection as a new ground of rejection via a petition to the Director under 37 CPR 1.181. This procedure should be used if an appellant feels an answer includes a new ground of rejection that has not been designated as such and wishes to reopen prosecution so that new amendments or evidence may be submitted in response to the rejection. However, if appellant wishes to submit only arguments, the filing of a petition under 3 7 CPR 1.181 would not be necessary because appellant may submit the arguments in a reply brief." MPEP § I207.03(b) (9th ed., Rev. 7, Nov. 2015). 3 Appeal 2018-000513 Application 13/537,558 ANALYSIS We have reviewed the Examiner's rejections in light of Appellants' contentions that the Examiner erred. We disagree with Appellants' contentions for the reasons discussed below. (1) Touch detection threshold Appellants argue that Ording fails to teach or suggest "accepting touch input exceeding a touch detection threshold at the touch sensitive surface of the information handling device, wherein the touch detection threshold is a pressure threshold," as recited in independent claim 1. App. Br. 16; Reply Br. 18. More specifically, Appellants argue that the cited portions of Ording "merely teach[] that a touch-sensitive surface can detect and accept contact on the touch screen." App. Br. 16 (citing Ording ,r,r 102- 103). Appellants also argue that "[t]he only mention of a threshold in Ording is a speed threshold." Id. ( citing Ording ,r 334). The Examiner finds that the combination of Ording, Rimas, and Kontio teaches or suggests the disputed limitation. In particular, the Examiner finds that Ording teaches detecting touch input based on "whether or not the current touch exceeds a touch detection threshold," i.e., "when the touch exceeds the touch detection threshold, the touch registers as a touch ... and when the touch does not exceed the touch detection threshold, the touch does not register as a touch." Ans. 3 (citing ,r,r 102-103, 116-117). The Examiner finds that Rimas and Kontio also disclose having a touch detection threshold, such as a touch detection pressure threshold. Id. ( citing Rimas Fig. 3; Kontio ,r 36). We agree with the Examiner's findings and adopt them as our own. For example, we agree that Ording teaches that its touch screen device can 4 Appeal 2018-000513 Application 13/537,558 detect touch contact on its touch-sensitive surface "using any of a plurality of touch sensing technologies now known or later developed," such as capacitive, resistive, and infrared technologies. Ording ,r,r 102-103, 116. This teaching discloses a touch detection threshold, as the Examiner finds, because a touch only registers as a touch input when it exceeds some detection threshold; otherwise no touch is registered. Id. Kontio and Rimas similarly teach a touch detection threshold, as well as that the threshold can be based on pressure. See Rimas Fig. 3; Kontio ,r 36. Thus, the combined teachings of Ording, Rimas, and Kontio teach the disputed limitation. See In re Keller, 642 F.2d 413,425 (CCPA 1981) (finding the relevant inquiry is whether the claimed subject matter would have been obvious to those of ordinary skill in the art in light of the combined teachings of the references). (2) Performing a first action Appellants argue that Ording and Rimas fail to teach or suggest "performing a first action to displayed content associated with the touch input based upon the touch input ... exceeding a first touch detection threshold[,] wherein the first action performed comprises magnifying the displayed content associated with the touch input," as recited in independent claim 1. App. Br. 16-17; Reply Br. 18-19. Appellants argue that Ording teaches "a press and hold gesture[,which] is clearly not a pressure based input." App. Br. 17 (citing Ording ,r 235). Appellants argue that "Rimas teaches that the pressure input selects objects" and that "different pressure inputs result in different variations of the same action, specifically a selection action. Rimas never discussed magnifying the text." Id. (citing Rimas ,r,r 71-72 ). 5 Appeal 2018-000513 Application 13/537,558 The Examiner finds, and we agree, that the combination of Ording, Rimas, and Kontio teaches or suggests the disputed limitation. Ans. 4; Final Act. 3. In particular, we agree with the Examiner that Ording teaches "magnifying displayed content associated with the touch input," "wherein finger contact triggers the magnification bubble of the text associated with the touch input." Ans. 4 (citing Ording Fig. 5B); Final Act. 3 (citing Ording Figs. 5B, 5N, ,r,r 235, 267). We also agree with the Examiner's finding that Rimas and Kontio "both disclose magnification of the display based on touch input" using pressure thresholds. Ans. 4 ( citing Rimas ,r 77; Kontio ,r 36); see also Rimas ,r 77 ("Additionally, pressure based selection may allow for a selection zoom. For example, while pressing harder on a pixel to select it, the screen may zoom in farther allowing greater detail to be displayed."); Kontio ,r 3 6 ("Different magnitudes of force may be associated with different functions or input. For example, ... a higher force may result in zooming."). Thus, the combined teachings of Ording, Rimas, and Kontio teach the disputed limitation. In re Keller, 642 F.2d at 425. (3) Performing a second action Appellants argue that the combination of Ording, Rimas, and Kontio fails to teach or suggest "performing a second action ... based upon the touch input ... exceeding a second touch detection threshold, ... wherein the second action is different from the first action of magnifying the displayed content associated with the touch input," as recited in independent claim 1. App. Br. 17-19; Reply Br. 19-21. In particular, Appellants argue "Kontio never teaches that a first action is magnifying," but instead "teaches a first action of selecting information." App. Br. 18 (citing Kontio ,r 36). 6 Appeal 2018-000513 Application 13/537,558 Appellants also argue that Kontio does not teach that the second action is different than the first action. Id. In addition, Appellants argue that Kontio "only teaches a single [pressure] threshold," rather than "two touch detection thresholds, which are separate from the touch contact," as required by the claims. Id. at 18-19 (citing Kontio ,r 36). According to Appellants, "[a]t best, Kontio teaches a single threshold where one action occurs if the input is less than the threshold and another action occurs if the input is greater than the threshold." Id. at 19 (citing Kontio ,r 36). The Examiner finds that the combination of Ording, Rimas, and Kontio teaches or suggests the disputed limitation. Ans. 4--5; Final Act. 4. In particular, the Examiner finds that "Kontio discloses performing different actions based on different forces applied to the touch input screen," i.e., "different magnitudes of force are associated with different functions or input, including e.g. panning, zooming, highlighting and performing a selection option." Ans. 4 (citing Kontio ,r 36). The Examiner finds that Kontio teaches, for example, that "the first function triggered is zooming and the second function triggered is selection, wherein each function has an associated threshold to determine whether or not that function is triggered." Id. at 4--5 (citing Kontio ,r 36). In other words, the Examiner finds that Kontio teaches that different functions are triggered by different amounts of pressure. Id. at 4 (citing Kontio ,r 36). In addition, the Examiner finds "that Rimas also discloses triggering different functionality based on different amounts of pressure applied." Id. at 5 (citing Rimas Figs. 3, 9-11). We are not persuaded of Examiner error. Rather, we agree with the Examiner that Kontio teaches "[ d]ifferent magnitudes of force may be 7 Appeal 2018-000513 Application 13/537,558 associated with different functions." Kontio ,r 36. To wit, Kontio teaches that, "[ f]or example, a lesser force may result in panning, and a higher force may result in zooming." Id. Accordingly, Kontio teaches two pressure based touch detection thresholds- a lesser force threshold which results in one action ( e.g., panning) and a higher force threshold which results in a second action (i.e., zooming). Id. In addition, Kontio teaches, contrary to Appellants' argument, that these two pressure based touch detection thresholds are in addition to "a detected touch" (i.e., the touch contact). Lastly, Kontio' s example actions are different from each other with "panning" turning the focus and "zooming" magnifying the focus. Id. Whether panning or zooming is the action associated with the first threshold is an obvious variant. See KSR Int'! Co. v. Teleflex Inc., 550 U.S. 398,417 (2007) ("When a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one."). (4) Combining Ording. Rimas. and Kontio Appellants argue that the Examiner's stated motivation to combine Ording, Rimas, and Kontio does not "articulate[] a reason why a person skilled in the art would combine the prior art references, does not have adequate evidentiary basis for that finding, and has not provided a satisfactory explanation for the motivation finding that includes an express and rational connection with the evidence presented." App. Br. 14--15 (citation omitted); see also Reply Br. 16-17. In particular, Appellants argue that "nothing in Ording, Rimas, or Kontio would suggest that the three should be combined to teach or suggest the claimed limitations. For example, Ording never mentions pressure thresholds." App. Br. 15. As to 8 Appeal 2018-000513 Application 13/537,558 Rimas, Appellants argue that "[ w ]hile Rimas does teach a pressure based input, ... nothing in either Rimas or Ording suggests why the press and hold gesture of Ording should be replaced by the pressure based input of Rimas." Id. The Examiner finds that at the time of the claimed invention, it would have been obvious to one of ordinary skill in the art to include the relevant teachings of Rimas and Kontio in the device of Ording. Ans. 2-3. The Examiner finds that one of ordinary skill would have been motivated to do so "to provide the ability to include the pressure thresholds of Rimas in the device of Ording, ... [to] provid[ e] the user with more functionality based on the degree of pressure of the touch input." Id. at 2-3 (citing Rimas Figs. 3, 10-11, ,r 49). The Examiner similarly finds that one of ordinary skill would have been motivated to combine Kontio's teachings with Ording "to provide the ability to have different magnitudes of force of the touch input result in different functions ... to provide[] the user with more functionality based on the degree of pressure of the touch input." Id. at 3 (Kontio ,r 36). We disagree with Appellants that the Examiner's reasoning provides insufficient motivation to combine the relevant teachings of Ording, Rimas, and Kontio. Rather, the Examiner provides "articulated reasoning [(i.e., to provide[] the user with more functionality)] with some rational underpinning to support the legal conclusion of obviousness." In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006). Using pressure based inputs in lieu of contact gestures to perform actions is a predictable variation that would have been obvious to one of ordinary skill in the art. See KSR, 550 U.S. at 417 ("If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability."). This predictably is especially present here in light of 9 Appeal 2018-000513 Application 13/537,558 Ording' s teaching that its touch screen device "may detect contact and any movement or breaking thereof using any of a plurality of touch sensing technologies now known or later developed" and Kontio' s and Rimas' teachings that having multiple pressure based inputs was known for touch screen devices. See Ording ,r 103; Kontio ,r 3 6; Rimas Figs. 3, 10-11, ,r 49. CONCLUSION Based on our reasoning above, we sustain the Examiner's rejection of independent claim 1, as well as (i) independent claims 11 and 20, and (ii) dependent claims 4, 6-10, 14, and 16-19, as Appellants do not provide separate arguments for their patentability. We also sustain the Examiner's rejection of dependent claims 2 and 12, as Appellants do not provide separate arguments for their patentability. DECISION We affirm the Examiner's decision rejecting claims 1, 2, 4, 6-12, 14, and 16-20. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv). AFFIRMED 10 Copy with citationCopy as parenthetical citation