Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 978

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Samsung's Motion For Leave To Seek Reconsideration of the Court's May 21, 2012 Order, #2 Declaration of Thomas Watson, #3 Exhibit 4, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Proposed Order Granting Samsung's Motion for Leave, #8 Proposed Order Granting Samsung's Administrative Motion to File Documents Under Seal)(Maroulis, Victoria) (Filed on 5/26/2012)

Download PDF
EXHIBIT 18 -2- Reply Office to Action of November 13, Amendments Please [0011 ] The • part .• r ......... of the paragraph amend claimed broken :...•.•.,:•_ lines to [0011] ANDRE 2009 the are Specification show[ [ing] ] portions •r al. 29/332,683 follows: as v'•ortions et No. DEVICE Appl. •,• •r t•t•wD of the nxrt• ELECTRONIC t•t•vt,'•t• which •,,.,.--.C"*•n no design. Atty. Dkt. No. 2607.0580002(P4984USD2)/TGD APL-ITC796-0000003880 JX-0008 pg. 191 of 213 -3- Reply Office to Action ANDRE Appl. 2009 13, of November et al. 29/332,683 No. Remarks Reconsideration Examiner the thank for contained in 5, during The 2009. of substance to conducted by interview is doctrine interview the wish Applicants requested. of the remarks patenting A claimed design the over disclaimer terminal judicially the under rejected was created herewith submitted is co-pending applicant's in to overcome rejection. FIG. 7 elongated [the right of oval to publication] have and proper '059 prior 29/282,831, and to edges, rounded more to the modify the remove it that have would oval the 56 Figure in extend to the left and by Fig 56 of [the '083 the design to demonstrated as "modify to elongated the shown design obvious display rectangular of the portion been taught by as border inner left ." need Applicants the and the to of view Examiner The publication). '083 being as in patent) '059 (the (the §103(a) U.S.C. 35 Fujisawa similar "strickingly patent]" publication] edges is patent '059 [the '083 side '059 the that alleges to under rejected 2008/0004083 Publication Application been 7,409,059 also No. Patent U.S. over Patent U.S. has design claimed unpatentable in November 29/328,018. no. The of consideration double obviousness-type application and time design claimed respectfully is Application on following the The in her representatives Applicants' this this of for obvious patent are art reference. which address not is The a continuation whether several present of modifications such First, reasons. application Application Atty. is a the to '083 divisional No. 29/270,887, Dkt. No. publication of disclosed is not Application filed January a No. 5, 2607.0580002(P4984USD2)/TGD APL-ITC796-0000003881 JX-0008 pg. 192 of 213 4 - Reply to 2007. Thus MPEP Office Action the does reference 102(a)/102(b) a postdates Thus, the the publication '083 application and Although subject the of matter '059 is patent obviousness has the not been appearance, 493 F.2d In teachings support it concept; MPEP § the the there is at 388, prior least reference In of the an '083 available only 2008, which the 12 Harvey, re disclosed one in the major of 673 '059 difference the F.2d reference (Fed. patent has which Atty. same Cir. some creates Dkt. No. the prior not in than more the as Yardley, re The "Therefore, be into taken design, claimed 390. must the 1061 at overall determining appearance"). of appearance F.3d in In of case the be also consideration basic substantially appearance See disclosed is it must 1982). similarity Rosen, design, a if the facie prima a present even design the which whole, a (C.C.P.A. is primary a that of to rejection, that assert design as 390 art re of the patentability visual obviousness, design See §706.02(f)(1). MPEP See merits the 1974) (" [the] design. In 3, January 102(e) or claimed design the overall (citing 1504.3 English, of Applicants art, the to (C.C.P.A. an in is application. address prior F.2d 673 Rosen, have must While design, of effect of 2007. phase application publication '083 date 102(b) determining In made. claimed the 5, January published not present not similar the holding a is over the of components need suggest must of al. improper. a designs of date national a publication 102(a), is 1392-1393 1389, patentability re the not so visual consideration. of publication '083 its is Applicants the is Therefore, of date rejection the date. as filing effective publication 2006/038499) 102(e) a filing et 29/332,683 No. Appl. effective an '083 (WO have not has the application publication in Because ANDRE - 2009 13, application present §706.02(VI). international as of November just order a claimed art to design design." 1993)). similarities an to overall the claimed ornamental 2607.0580002(P4984USD2)/TGD APL-ITC796-0000003882 JX-0008 pg. 193 of 213 5 - Reply to Office disclosed the '059 from both front face of '059 patent flush with the is there front face substantially of the smooth the create a there is between the transition 32. See of top of 11 12 design. In 12 the and creating display display of the an the in the make fact, Figure 12 of the the on in contrast rest it 3 suggests transition screen the that would which is seen nothing is uneven and screen best such 32 There which As 1-5. housing design 12 screen 5, lns. display claimed the of display col. area telephone mobile appearance. display housing the a display on in as has framed or around multiple anything face face of in the claimed suggests 21 that and the the for cited features such is nothing 21 design. 21 remainder In of is that the to front face the publication '083 it make fact, the 56 in Fig claimed. as speakers in also inset and of the front face. in flush embodiment that See there and 161, is an paragraph The '083 which lenses to the of speakers that publication '083 switches, as these addresses The purpose. continuous, would which which publication '083 substantially is that embodiment display it was display top from nor There on as disclosure functional surface. differs display the patent, front discontinuous employed, in '059 a discloses only frame flush or disclose patent which 32 between nothing is in front housing which 11 in anything is the housing stepped a of al. design. deficiencies the is inset or 32 section 12 there of edge claimed not that face display feature et 29/332,683 No. Appl. distinctive of the creates bevel There does 32 housing of a screen front a is A ANDRE - 2009 and. back patent, suggest to different. front housing 13, November patent the 2 of the Figure that is in visible of quite that appearance in Action that suggest transition 5 Figures 162 uneven [0218] and with 6, and 163 are transition of the '083 publication. Atty. Dkt. No. 2607.0580002(P4984USD2)/TGD APL-ITC796-0000003883 JX-0008 pg. 194 of 213 6 - Reply to Office Action Furthermore, completely from the while completely disclosures neither of those that Appl. calls the Both transparent. for up the surface designs cited designs make areas ANDRE - 2009 design claimed the transparent, substantially 13, of November discloses disclose only a display a portion of surface a that but it is clear area, the al. substantially be to et 29/332,683 No. front face is of the device. Because impression the neither of a substantially front face of Based design is not of the on device, the flush or they above amendment be said and to render remarks, on display the between suggests or surface transparent transition cannot discloses references continuous substantially smooth cited the the claimed Applicants the overall device electronic an screen and visual the rest design that of the obvious. submit and the claimed obvious. Atty. Dkt. No. 2607.0580002(P4984USD2)/TGD APL-ITC796-0000003884 JX-0008 pg. 195 of 213 ANDRE -7- Reply to Office of November Action 13, 2009 No. Appl. et al. 29/332,683 Conclusion All of the accommodated, Action and, as believes, Examiner prosecution the that of number full a such, for and the any application, this outstanding complete present the application that reason, respectfully been has is in made to the outstanding the allowance. If the will expedite the telephone to that withdrawn. be communication invited is they for traversed, request that condition personal Examiner and rejections reply properly been therefore Applicants presently have rejection of moot. all believe Applicants Office rendered or reconsider Examiner grounds stated undersigned at provided. and Prompt consideration favorable of this Amendment and Reply is respectfully requested. submitted, Respectfully STERNE, KESSLER, •G. Attorney January 1100 New York Washington, (202) 27, D.C. • FOX P.L.L.C. Durkin for Registration Date: GOLDSTEIN Applicants No. 32,831 2010 Avenue, N.W. 20005-3934 371-2600 1072966_2.DOC Atty. Dkt. No. 2607.0580002(P4984USD2)/TGD APL-ITC796-0000003885 JX-0008 pg. 196 of 213

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?