Elan Microelectronics Corporation v. Apple, Inc.

Filing 237

Appendix A & B [AND EXHIBITS 1-8] TO THE DECLARATION OF RAVIN BALAKRISHNAN IN SUPPORT OF APPLE INC'S OPPOSITION TO ELAN MICROELECTRONICS CORP.'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT OF U.S. PATENT NO. 5,825,352 filed byApple, Inc.. (Attachments: # 1 Appendix B, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Greenblatt, Nathan) (Filed on 6/2/2011)

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Exhibit 5 ,~ I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mai l, in an envelope addressed to: Assistant Commissioner for Patents, Washington, D.C. 20231, on April 6, 1998. TOWNSEND and TOWNSEND and CREW LLP Attorney Docket'No. IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re application of: STEPHEN J. BISSET ET AL. Examiner: Paul Bell Application No.: 08/608,116 Art Unit: 2775 Filed: February 28, 1996 AMENDMENT For: MULTI-CONTACT SENSING METHOD AND APPARATUS Assistant Commissioner for Patents Washington, D.C. 20231 Sir: In response to the Office Action mailed December 5, 1997, please amend the above-referenced application as follows: In the Claims Please amend claims ( ' / li8, ana/35, and add 4w claim,S 4~s1 as follows: A method for detecting the operative 'pIe fingers to a touch sensor involving the -scanning a signal correspondi 6 '/ c~el claims~ ~1~ (§-1~, and~O-~ Please (Amended) ~\ / scanning the touch 7 scanning finger, identify a minima following the 8 identify a first maxima in 9 10 APEL0000533 in a signal corresponding to a second maxima following the minima, and 352 CFH 0533 .--_. PATENTr STEPHEN J. BISSET ET AL. Application No.: 08/608,116 Page 2 resence of two fin ers in second maxima. (Amended) The method of claim 1 further comprising the step of comparing a distance [from] between said first maxima [to] and said second maxima to a predefined threshold. (Amended) operative A touch sensor for detecting the of multiple fingers comprising: scanning the touch sensor to identify a first maxima in a corresponding to a first finger; means for scan 'ng the touch sensor to identify a minima following the fi [and] to identify a means for scanning second maxima in a signal onding to a second finger following the minima, and means for an two fin ers in res onse second maxima. (New) The method of claim 1 further comprising the step of determining if said first and second maxima are within 5 centimeters, and only providing said indication of the presence of two fingers if said first and second maxima are within 5 centimeters. I~ - A'( . ,(New) The method of claim 1 further comprising the step of calculating first and second centroids corresponding to said first and second fingers. [1 ~. (New) The method of claim 1 wherein said first and second maxima are required to be higher than a first threshold, and said minima is required to be less than a second threshold. APEL0000534 352 CFH 0534 STEPHEN J. BISSET ET AL. Application No.: 08/608,116 Page 3 ~ ~ 1 (New) PATENT The sensor of claim,J-3'" further comprising 2 means for determining if said first and second maxima are within 3 5 centimeters, and only providing said indication of the presence 4 of two fingers if said first and second maxima are within 5 5~Ji ~ centimeters. I~ '? lW ~ (New) The sensor of claim~further comprising 2 means for calculating first and second centroids corresponding to 3 said first and second fingers. ':;\ ~. 1 (New) The sensor of claim~ wherein said first 2 and second maxima are required to be higher than a first 3 threshold, and said minima is required to be less than a second 4 threshold. REMARKS Claims 1, 3-6, and 24-51 are pending in this application. Claims 2, and 15-17 were rejected under §112 as being indefinite. These claims have been cancelled. The remaining claims are independent method and . apparatus claims 1 and 35, and claims dependent thereon. These claims are directed to the feature of the invention which detects multiple fingers by detecting the multiple maxima in the profile on the touchpad. This distinguishes the prior art, which calculates multiple fingers by detecting a rapid movement in the total centroid. This rapid movement of the prior art is due to the centroid being calculated on the combination of the two fingers; ~ith·the result being that the centroid moves rapidly when one finger is lifted. Miller Claims 1, 3-13, and 26-34 were rejected as being obvious in view of Miller. Miller nowhere suggests detecting two fingers, and rather the Examiner is citing Miller as showing that' it would generate the profile of two fingers if they were applied to Miller, since a value is obtained for each line. APEL0000535 Claims 1 and 352 CFH 0535 STEPHEN J. BISSET ET AL. Application No.: 08/608,116 Page 4 PATENT 35 have been amended to further clarify the distinction of the invention from Miller. The present invention uniquely utilizes the detection of two maxima to determine if 'two fingers are present on the touchpad. Nowhere does Miller suggest analyzing profile information to obtain this result, or to use the result to provide an indication of two fingers. In fact, Synaptics, the Assignee of the Miller patent, has also been issued Patent No. 5,543,591, enclosed with an IDS submitted with this application. That patent teaches away from the method of the present invention for multiple fingers,' instead calculating the rapid movement of the centroid as a second finger is placed down on the touchpad and subsequently lifted, referred to as a "zig-zag" movement. 53 of the '591 patent.) (See, for example, column 40, line A disadvantage of the system of the '591 patent, as described in column 31, lines 43-48, is that it is "impossible to tell ... while the finger is still down" if two fingers are present. Rather, the determination of the presence of two fingers is achievable from the rapid movement of the centroid (zig-zag) when a finger is lifted or placed down. Thus, for example, if both fingers were placed down at the same time, ' the '591 patent method would not be able to tell that two fingers were present, and would not be able to react to a movement of the two fingers and subsequent lifting until after the second finger has been lifted. The present invention addresses this deficiency of the '591 method by detecting two maxima in the profile information. This allows the detection of two fingers being present even if they are both placed down at the same time. Such a method is not shown or suggested by either of the Synaptics patents, ,which in fact teach away from this method. Dunthorn Claims 2, 15-17, 20-22, and 24-25 were rejected as being anticipated by Dunthorn. been cancelled. All of the rejected claims have It is noted that Dunthorn, similarly to the '591 patent, determines the presence of multiple fingers from the APEL0000536 352 CFH 0536 STEPHEN J. BISSET ET AL. Application No.: 08/608,116 Page 5 PATENT speed of movement of the centroid of the combination of multiple fingers. Greanias Claims 2, 15, and 20 have been rejected as being anticipated by Greanias. These claims have been cancelled. New claims 46-51 are method and apparatus dependent claims. Claims 46 and 49 are directed to the requirement that the first and second maxima be within 5 centimeters of each other to provide an indication of two fingers. None of the cited references teach such a feature, as described in the application on page 9, line 2, for instance. Claims 47 and 50 are directed to the embodiment where first and second centroids are calculated from the first and second maxima, as described in the application on page 13, lines 35-37, for instance. None of the cited art show or suggest such a feature. Claims 48 and 51 are directed to the requirement that the first and. second maxima must be higher than a first threshold, and the minima be lower than a second threshold. This is described, for example, on page 8, line 39 - page 9, line 6. In view of the foregoing, Applicants believe all claims now pending in this application are in condition for allowance. The issuance of a formal Notice .of Allowance at an early date is respectfully requested. If the Examiner believes a telephone conference would expedite prosecution of this application, please telephone the undersigned at (650) 326-2400. Respectfully submitted, !pJ(, Paul C. Haughey Reg. No. 31, 836 TOWNSEND and TOWNSEND and CREW LLP Two Embarcadero Center, 8th Floor San Francisco, California 94111-3834 (650) 326-2400 Fax (650) 326-2422 APEL0000537 (j:I)ogitechl·IOOI.am2) 352 CFH 0537

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