Apple, Inc. v. Motorola, Inc. et al

Filing 107

Declaration of Winslow B. Taub filed by Plaintiffs Apple, Inc., Next Softward, Inc. re: 90 Motion Requesting Claims Construction by Plaintiffs. (Attachments: # 1 Ex. A, '486 Inf. Chart, # 2 Ex. B, '354 file history excerpt, # 3 Ex. C, '354 file history excerpt, # 4 Ex. D, Spielman report excerpts, # 5 Ex. E, '983 file history excerpts, # 6 Ex. F, '983 file history excerpts, # 7 Ex. G, '337 Inf. Chart, # 8 Ex. H, '002 Inf. Chart, # 9 Ex. I, '002 file history excerpt, # 10 Ex. J, '002 file history excerpt, # 11 Ex. K, '002 file history excerpt, # 12 Ex. L, dictionary definitions, # 13 Ex. N, JPS63-167588 cert. trans., # 14 Ex. O, appl. 08/050952 file history excerpt, # 15 Ex. P, invalidity conten. excerpt, # 16 Ex. Q, 6,371,977, # 17 Ex. R, 5,474,831) (Haslam, Robert) Modified on 7/18/2011 (llj).

EXHIBIT K

tom

Docket

tty.

No.

004860.P1365C2

Patent

IN THE UNITED STATES

-i
In

re

Application

No.

For

W.

Christensen

Examiner

08/821004

March

Piled

OFFICE

of

Steven

Serial

AND TRADEMARK

PATENT

20

1997

Dela

Unit

2773

Art

Torre C.

METHOD AND APPARATUS
FOR DISPLAYING ANT
ACCESSING CONTROL AND
INFORMATION
COMPUTER SYSTEM
STATUS

RECEIVED

IN

JUN
Honorable

Commissioner of

and

Patents

OFFICE OF PETITIONS

Trademarks
D.C.

Washington

2001

20231

APPEAL BRIEF
IN SUPPORT

OP APPELLANTS

TO THE BOARD OF PATENT

APPEAL

AND

APPEALS

INTERFERENCES

Sir

Appellants
of

support
in

its

hereafter

appeal

from

the above-captioned

appeal

case.

by the Board of Patent

captioned

An

patent
oral

Appellants
final

decision

Appellants

Appeals

hereby

submit

this

by the Examiner

Brief

mailed

in

28 2000

January

respectfully request consideration

and Interferences

allowance

for

in

triplicate

of

this

of the above-

application.

hearing

is

desired.

Express

Mall

label

mailing

hereby
deposited
Office

to

certify
with

number.ti1i283692U8
2001

June

DateofDeposib

am

that

the United

Addressee

causing

States

Postal

service

on
has been

the

this

date

or fee

paper

Service

Express

Indicated

addressed

Commissioner for Patents
Washington
Wt15.esen
Conny

D.C.

above

to the

that

this

Typed

or

Signature

paper

printed

of

or fee

ppme

person

of

irson

mailing paper

060101

mailing paper

or

or

Mail

be

to

Post

and

Assistant

20231

fee

fee

002FH379

WI-AppIe000l

284

TABLE OF CONTENTS

REAL

II

HI

PARTY

RELATED

STATUS

IV STATUS

APPEALS

VII

VIII

ISSUES

AND

INTERFERENCES

OF THE CLAIMS
OF AMENDMENTS

SUMMARY
VI

IN INTEREST

OF THE INVENTION

PRESENTED

GROUPING

OF CLAIMS

ARGUMENT
UNDER
REJECTION OF CLAIMS 1-31 WAS IMPROPER
103 IN VIEW OF COHAUSZ
TAKAGI AND
FURTHER IN VIEW OF HANSEN BECAUSE THESE

35

U.S.C

REFERENCES

CANNOT

BE LOGICALLY

COMBINED

THE REJECTION OF CLAIMS IN VIEW OF COHAUSZ
BECAUSE EVEN
TAKAGL AND HANSEN WAS IMPROPER
IN COMBINATION THESE REFERENCES
DO NOT MAKE
CLAIMS

1-31

The Scope
The Level

OBVIOUS
And

Content

Of Ordinary

The Differences

Between

10

Of The Cited Prior Art
Skill

In

The Art

The Claimed Invention

Prior Art

No

08/821004

12

And The
12

The Examiners Rejections

Serial

10

-2-

12

004860.P1365C2

002FH380

WI-AppIe000l

285

None Of Cohausz

Claim Group

Hansen Alone Or
Plurality
Individual

In

Combination

Takagi And
Teach Or Suggest

Of Display Areas Associated
Programming

Different Application

Modules

With

Plurality Of

Assodated

With
13

Programs

Claim Group II None Of Cohausz Takagi and
alone or in combination Teach Or Suggest

Hansen
Control

19

Strip

Claim Group

Hansen

alone

III

or

in

None Of Cohausz
An

Data Area Displaying
Claim Group IV

Hansen
The

First

Window

alone

Window
Layer

All Application

The

of

Effect

or

in

Additional

None Of Cohausz
combination Teach

Appears

Serial

No

In Front

And

Element

21

Takagi And
Or Suggest
In

Private

Of Windows

For
22

Layers

Secondary Considerations

IX CONCLUSION

APPENDIX

Display

Region Implemented

That

Takagi

combination Teach Or Suggest

23

25

OF CLAIMS

08/821004

-3-

004860.P1365C2

002FH381

WI-AppIe000l

286

REAL PARTY

IN INTEREST

The invention

RELATED

to

assigned

Computer

Apple

AND

APPEALS

bearing

III

the present

to

1-31

Loop

will

there are

affect

directly

no appeals

be

directly

or interferences
affected

by

or

have

decision

have been

are currently
canceled

pending

Claims

28 2000 and

in

the above-referenced

were

1-31

rejected

are the subject of

this

in

No

application

the Final Office

Action

appeal

STATUS OF AMENDMENTS
In response

claims

1-31

with

Notice

An

of

the Final Office

Appeal

filed

did

all

08/821004

Action

for

Request

on July 28 2000

Advisory Action

copy of

No

to

Appellants

Reconsideration

Serial

Infinite

STATUS OF THE CLAIMS

mailed January

IV

that

appeal

on the Boards

Claims
claims

of

INTERFERENCES

To the best of Appellants knowledge
related

Inc

95014

California

Cupertino

II

is

was received

not place
claims

mailed

with

is

rejecting

1.116

two month extension of time

on July 12 2000

attached

28 2000

under 37 C.F.R

Reconsideration

the claims in condition

on appeal

on January

for

hereto

stating that the

Request

for

allowance

as

Appendix

004860.P1365C2

002FH382

WI-AppIe000l

287

SUMMARY OF THE INVENTION

V.

The present invention
present

section of

C.F.R.

1.192c5

this

Appeal

and

defined

is

Brief

is

set

not intended

is

by claims
forth

to

and

1-31

to

with

comply

claims

limit

their

1-31

in

The

equivalents.

the requirements

of 37

M.P.E.P.

any way.

1206.

The present invention

In

screen.

display

window

for

graphics

one embodiment

depicting

be

controlled

control

at

Summary

The control

strip

one or more display
each

itself

such

that

none

is

size

visible

is

user

is

of the control

buttons

may

highlighted.
as

pop-up

Figure

Serial

may
strip

either

with

display

2D. Thus

in

No. 08/821004

Figure

itself

of graphics

variably

sized.

status

areas

may

using cursor

may be

or

or help
control

-5-

act

surface.

may

size

may be

adjusted

boundaries

is

that

also

as

only

pg.

14

to

sensitive

display

data

display

or both.

Note

control.

that

button

clicks

elements

messages e.g. balloons
data

for

Different parts

additional

of the individual

1-8.

user input

the user

of

portion

lines

areas.

buttons1

When

of the control

size

its

the

such

depicting

one embodiment

The

Specification

strip.

their

In

areas within

also be varied

buttons

one embodiment

data

window

one embodiment

areas

2C

The individual

indicia.

status

information

on

data

The window displays

window

the

is

the individually

one embodiment
in

In

the control

information

menus shown

and

may

sized data

interact

display
In

in

on

and/or

control

system.

of the display

strip

strip

1.

and/or

sized.

portion

of the control

Each of the variably
That

control

individually

all or only

area

one display

for

in

window

provide

control

indicia.

invention

present

be variably

also

may

The

visible.

areas

area of

paragraph

of the

areas

of the display

strip

pg.

to

comprises

computer

and indicators

through controls

keys.

the

of

one display

least

window

the

on the desktop

display

and apparatus

window e.g.

and displays

that generates

generator

method

is

shown

areas

it

is

such

in

is

004860.P1365C2

002FH383

WI-AppIe000l

288

part using small button

accomplished

in

various

Specification

icons
In

control

may

window

strip

be generated

windows

other

network

connection

for

connection

computer
include

File

the

to

monitor

system

list

currently

available

size

Serial

for

that

of the

No

lets

area
is

to

window

08/821004

be

that

strip

that

may

connected
18

page

time

applications

the control

provides

strip

provide

acts

as

an arrangement

changed

-6-

on the
also

the

displays

state

employed

currently

date

indicate

running modules

such
be

may

on or

or batteries

and/or

may

drive

may

strip

module
be

connection

on

19-21

lines

provide

may

CD

may

the battery

of

shows

software

control

Another control

displayed

or bar

the status

that

In

an AppleTalkTM

as

connection

3-9 The

lines

functions

switch

network

the

network

other

18

page

11-12

control

the user turn

location

screen

and control

system such

that

11-15

lines

network

include

is the

This prevents

standard

status

window

windows

program

provides

computer

execute

example

Therefore

bar or windowing

the

and

off or users

memory may

arrangement

the

running programming

status information

page 15

provide

functions

Specification

Other modules

that

that displays

lines

e.g on

computer

and

locate

page 18

Sharing

off

Specification

system

Specification
of

on or

is

having

battery

modules
strip

network

an application

Specification

the control

whether

without

it

form of

That

layers

programming

application
of

private

the application

all

of the present invention

strip

of individual

collection

all

the execution

from obscuring

one embodiment

off

of

of

in

implemented

is

strip

of

the

in

12-21

windows

on top

appears

as part

The control
for

of the

in front

appears

lines

14

the control

one embodiment

that

layer

pg

and indicators

controls

the

access

be

displayed

being

Specification

audio

19

and

controls

in

function

an

modifiable

page

may

of

amount

and control

status

to

to

information

lines

such

that

11-19

004860.P1365C2

002FH384

WI-AppIe000l

289

The control
includes

its

modules

are each

appropriate
are

own

includes

strip

initialization

locations

process

and

called

plurality

After

Thus

module

if

of individual

is

initialization

modules

as the control

able

it

is

an

during

added
idle

strip

Each module

is

initiated the

to

the control

period

the

strip

module

in the

tasks

run
Examples

help feature

being

information

e.g

of

module

made

Specification

Serial

No

module

invisible

page

08/821004

22

may

include

on the computer

enabled

display

tasks

area

indicates

help

messages

system and saving

on screen moved

module
lines

updating

state

to

is

new

location

changed

updated
display

and that

it

e.g

due

to

state

area resized

must be saved

13-17

-7-

004560.P1365C2

002FH385

WI-AppIe000l

290

VI

ISSUES PRESENTED
Whether

in

Claims 1-25 are obvious

view of TakagL
Whether

further

VII

in

et

al and

further in

Hansen

et

under 35 U.S.C

view

of

Cohausz

al

103a

in

view

of Takagi

OF CLAIMS

purposes

of

this

appeal

The claims do not stand

13-9

Claims

Claims

11-12

13 and

Claim 10 stands

Reasons
in

for

the

31 stand

and

separate

arguments

08/821004

or

fall

falls

together

2223

14-20

Claims 21 and 24 stand

No

of

in

view of Hansen

For the

Serial

view

Claims 26-31 are obvious

GROUPING

presented

103a

under 35 U.S.C

and
alone

and

fall

and 25-30

fall

as

stand

as

together

Group

together

as

together

as

Group

II

Group

Group IV

above

section pursuant

37

-8-

fall

III

patentability of the
to

and

indicated

C.F.R

Claim Groups are

1.192c7

004860.F1365C2

002FH386

WI-AppIe000l

291

VIII

ARGUMENT
OF CLAIMS

REJECTION

1-31

VIEW OF COHAUSZ TAKAGI
BECAUSE THESE
Cohausz
of location

scan and

documents

plurality of

including
There

the

In fact

Examiner
have

that

various

However
and

vice

the

document

within

to

in

for

features

there

would

not

asserted

for

in

programs

application

and

bars

status

be applicable

Cohausz

by the Examiner

print

made by

the combination

buttons

logically

to

items

various

different

no suggestion

is

modules

programming

of

user

tracking

dashboard

discusses

management

discuss

that permits

allows

that

apparatus

through function

of Takagi

functionalities

COMBINED

program

Hansen

103 IN

U.S.C

35

VIEW OF HANSEN

any of these references

available

UNDER

BE LOGICALLY

program

permit

IN

computer

filing

Cohausz and Takagi

versa Additionally

individual

the

buttons

no suggestion

is

CANNOT

status bar

teaches

Takagi

file

AND FURTHER

REFERENCES

discusses

WAS IMPROPER

to

in

to

Cohausz
the

incorporate

Takagi

into

Cohausz
Hansen

Furthermore

combined

logically

the

Cohausz

program

application

Examiner

to

with

are associated

combine these
be found
would

in

only

Serial

not be

No

with

dashboard

specific

functionalities

be

and

application
of

not associated

Takagis

with

application

Hansen Again

and Cohausz

since Takagi

Hansen Rather

the application

would

the

dashboard

particular

be

cannot

no suggestion

found by

is

combine these functionalities

Additionally
that

discusses

logical

to

program
logical

08/821004

to

application

with

as

display

is

the

in question
display

status

is

it

top

with

indicators

of

the unavailable

When

would

and

status indicators

not be

application

Cohausz and

another

functionalities

can

alleges

programs
Takagi

application
of

to

logical

feature Examiner

the case

active

-9-

function

programs

always on

generally

the

address

is

it

while

active

it

Cohausz and/or

004860.P1365C2

002FH387

WI-AppIe000l

292

Takagi

on top of the window of the currently active application.

logical

to

combine

Cohausz

Cohausz

over

respectfully submit

In assessing

made.

skill

prior art

and

383

U.S.

the

and

The Examiner
view of Cohausz
Claims 26-31
further

in

This

can

is

refers

represent

No

programming

view

of

the claimed

of

level

and

invention

Graham

v.

the

John Deere.

art.

under

1-25 are obvious

and further

et al.

Takagi.

35 U.S.C.

view

of

Hansen.

103a

in

view

in

under 35 U.S.C.

as obvious

rejected

prior

cited

claims

rejected

discusses

for

bar

status

the status of the program.

to

table

on pg.

menu

in

module
panels

No. 08/821004

status

computer
Each area

bar

103a
et

in

al.

of Takagi

rather

Cohausz

where

which
is

than

it

the individual

found

that

The sentence
or control

this

buttons

-10-

the

However

represent

one

which

to

an

term menu in
with

module.

the oblong status indicator

fields

this

the

communication
that

to

bar corresponds

status

states

relates

above

in

to

Cohausz Abstract

program

menu.

is

of contents

of

indication

fiends are control

Serial

of the

program. Cohauszs

clarified

subjects.

the

view of Hansen.

that provides

Cohausz

between

be

inquiries should

certain

considerations.

secondary

content

has

in

were

Cohausz

area of the

of

103

of the prior art

content

THESE

1966.

scope

and

scope

AND

COHAUSZ TAKAGI

OBVIOUS.

1-31

the differences

effect

17-18

The

1.

the

the art

in

are not obvious

1-31

COMBINATION

IN

under 35 U.S.C.

obviousness

These include

ordinary

BECAUSE EVEN

DO NOT MAKE CLAIMS

REFERENCES

claims

that

OF CLAIMS IN VIEW OF

WAS IMPROPER

HANSEN

not

is

and Hansen.

Takagi

THE REJECTION

B.

it

and Hansen.

Takagi

Therefore Appellants

Therefore

menu

communication
clarifies

when

that

points

or

menu

with

the individual

activated

clicked

on

lead

004860.P1365C2

002FH388

WI-AppIe000l

293

to

the respective

area text or information

program

The indicator of Cohausz does
refers

document
location

word

to

the

as the cursor

oblong field

of that the

Cohausz does

not interactive

Takagi

document

teaches

window

document
is

portion

of the

and

rotation
contains

scroll

FlO The

to

devices

for

printer

display

Takagi column
apparatus which

not teach

independently

active

access

to

display
printing

lines

of

areas

No

08/821004

into

There

no

is

In fact

arty

indicators

are

only

document

displaying

images induding
screen Icons also

the display

in

commands

are arrayed

in the right

give an operator various
as image-enlarging
and reducing and

The display

image
in

provided

and outputting

Thus
that

window

connection

icons Fl

to

documents

with

further

function

FlO indicating
such

as

keys

various

scanner

permits

region

document

teaches

Takagi

saving and

teaches

independently

displayed

other functions

Furthermore the display

-11-

of

manipulation

program the window

Rather Takagi

apparatus taught by Takagi

Serial

for

area contains

any application

scanning

most

of

file

7-26

or suggest

divided

module

about

bar

same

window 201 and

single application

is

does

interactive

and

is

the

including

area 202

inputting

scroll

function

apparatus

such

function

at

the

Furthermore Cohausz

of the displayed

function

program

of location

or

document

indications

necessary

to

within

located

is

Cohausz

indicators

201

marks

selection

of

location

between the indicator and

substantially centered

called

Fl

filing

actual

similar

is

information

the indicator

Rather they are passive

characters

Takagi

obtains

or

i.e

indicator

bar

scroll

area

program

field

outside

program

the

that

This

any communication

not indicate

or

application

oblong

or other

the text

about the module

information

located

is

square
in

is

defined

indicating

indication

be found

cart

The difference

processors

not obtain

where the user

displaying

Along

subsections

the sole

is

of the indicator

functionality

Cohausz

This

segment

areas

documents

displayed
region

function

of

filing

single

and

having
that

permit

document

filing

keys

of Takagi

are not

004860.P1365C2

002FH389

WI-AppIe000l

294

interactive

Rather the display

display

printer

interactive

rolodex calendar

when pressed
column

application

do not change

in response

on the dashboard

the various

icons

is

to

level of ordinary

The

test

obviousness

at

art

to

for

level

of ordinary

field

of user

The

skill

in

the

art

differences

No

in

08/821004

which

option

of

plurality of
areas

independent

are not interactive

areas

the user wishes

to

They
the

alter

and the configuration

opened

is

such as

of

is

U.S.C

35

was

pertains
that

of

103a

made

to

person

reference

to

skill

having ordinary

respectfully believe

Appellants

computer

requires

that the

who works

programmer

in

in the

design
between

The Examiners

Serial

under

the subject matter

interface

view of Cohausz

window

permit

window Hansen

another

When

to

in the aft

skill

obviousness

The Examiner

selection

plurality

display

user interaction

the time the invention

which

buttons

of functions

plurality

with

are not

changed

The

the

Hansens

Hansen

of

the buttons

does not teach or suggest

associated

programs

of

plurality

before

shell

user

If

user interaction

further provides

interface

Rather they

scanner

printer or

However

opened
to

scanner

as

are not interactive
as

provides

system

system Furthermore

display

be

response

However Hansen

23-28

lines

independent

the user

brings

such

including

items Hansen
Hansens

etc

in

dashboard

discusses

of various

management

display

do not change

in that they

Hansen

in

window may

such

information

of Takagi

keys

mechanism

or output

one of the functions

selects

static

display

The function

etc

an input

access

provide

areas

has

the

claimed invention

and

the

ror aft

Rejections

rejected

claims

view of Takagi

et

1-25 are obvious

al.

-12-

and

further

in

under
view

of

35

U.S.C

Hansen

103a
et

in

al

004860.P1365C2

002FH390

WI-AppIe000l

295

Claims 26-31
further in

were rejected as obvious

under

U.S.C

35

103a

view

in

of Takagi

view of Hansen
respectfully submit

Appellants
combination

respectfully

render

to

fail

Cohausz

that

the claimed

and Hansen

submit that Takagi

obvious

invention

and

Takagi

alone

Furthermore

or

in

Appellants

do not make claims 26-31

combination

in

Hansen

obvious

None

Claim Group

teach

combination

of

Cohausz

or suggest

with plurality of individual
different

Claim

application

and

Takagi

Hansen

plurality of display

alone

areas

associated

modules

associated

display

programming

or in

system

with

programs

reads

An

interactive

computer-controlled

comprising
processor
data

control

cursor

positioning

window
environment
associated

and/or
control

for

with

logic

window

active

of

plurality of display

areas

is

independent

on topof
layer thatappears
that
may be generated
an
screen

indicia

to

programming
of the
at

Serial

No

modules

one

08/821004

least
to

of display

plurality

least

at

of

the

the

first

of

screen

and independenfly
each

in

of

to

the

first

display

-13-

the

plurality

information

generate

of

the

one of the plurality of
window region and the

window

in

implemented

the

and

having
wherein the

region

wherein

coupled

logic

one

areas

plurality

with

status

provide

winthows

applicatiornprogramming

generation

execute

display

areas

display

modules

generation

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displayed

associated

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that

window

program and

modules

programming
of

plurality

said data

to

an

create

programming

first

independentFv

application

any

individual

is

the

the

coupled

logic

programs

displays

on

areas

region

to

individual

wherein

and

generates

control

application

functions2

for

processor

screen

screen

of

plurality

plurality of display
first

and

display

different

control

display

said

to

coupled

on said data

data

the processor

to

coupled

device

generation

and

processor

screen

display

cursor

for

data
of

display

individual

display

in

one

window region wherein
areas

and

its

associated

004860Y1365C2

002FH391

WI-AppIe000l

296

is
module
sensitive
programming
wherein the window generation and

generation

to

to

enable

Thus

window

through

different

in

modules

program

window

claim

which
to

is

Furthermore

The Examiner

with

these display

programs
displayed

and

201

Office

Action

of

filing

right

operator

an

No

in

function

with

of

plurality
different

is

region

function

202

area

in

programs
of

plurality

202

area

characters
called

portion
various

08/821004

and

of individual

individual

are associated

initial

according

window
is

is

for

the

necessary
rotation

marks

to

indications
scroll

-14-

teaches

this

that

application

of display

the present

in

such

in

invention

document

images

the display

screen

commands
window

document

and

single

displaying

or

associated

that

substantially centered

selection
of

201

that

Examiners interpretation of Takagi

on the screen

display

noted

modules

that Takagi

asserts

states

Takagi

The Examiner

programming

apparatus which

apparatus

filing

and reducing and

Serial

with

application
the

paragraphs

documents

As shown document
also

F1-F4

activity

program

However The Examiner

shows

document

including

that

teaches

page

document

FIG

the

bar

region

from

respectfully disagree with

manipulation

Icons

display

the

that

window

plurality

programs

teaches

the

interactive

in

areas

display

programs

element Appellants

permits

individual

status

separately
also

Cohausz does not discuss

Takagi

Each of the

teach

modules

different

different

functions

rejection

first

displayed

is

programming

with

are associated

from any application

separately

window

Final

modules

areas permit

not

Talcagi teaches

with

programming

different

her

does

which

the

status information

associate
with
modules
programming
nor does Cohausz teach that the first window

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logic

and/or control

status

provide

in

exchange

to

generation

system to display

display

the individual

stated

indicia

activity

recites

associated

logic

communication
of the

activities

display

programs

control

message-based

coordinate

interactive

Claim

with

use

logic

information

further
input and
and the indicia

user

to

201
as

in

are arrayed

and

give

an

image-enlarging

of the displayed

image

These

004860.P1365C2

002FH392

WI-AppIe000l

297

indications

mouse or related keys
by the icons are designated
by
For example
if
the Enlarge
icon is designated
on the keyboard.
the document displayed
within
the document window is enlarged.
The display
connection
icons

with

Fl

there

function

document

is

and potential outputs

printer

Thus

45.

Takagi

Furthermore
includes

plurality of
does

teaches

Takagi

of

active

is

nothing

and

modules

this

change
modules.

fact.

In

in Takagi

fact

top

filing

of application

Serial

with

document

that indicates

submit

and

as described

notes

these

that

single

that

devices

Takagi column

9.

side

plurality of controls

specifically

of

in

illustrates

status

windows.

the

that

not directed

is

and

44-

lines

displays

properties.

area which

display

independently

as claimed

access

to

to

discusses

document

standard

-15-

Rather

1.

scanning

is

function

are part

single

area

does

not

programming
of

application

that

programming

apparatus

and

or suggest

suggests

Claim

printing

the use of individual

not teach

The Examiner

filing

keys

functions

in

displayed

apparatus taught by Takagi.

filing

function

control

does

region

that there are individual

displays

apparatus Takagi

No. 08/821004

and

includes

program

that permit

keys

single

Furthermore since Takagi
document

file.

on the right hand

icons

display

window

any application

that Takagi

Takgi

Takagi

and

Figure

system having

or suggest

of

the Appellants

The

application.

unitary

function

displayed

saving and other functions
There

is

or suggest

and

inputting

discusses

by display

in

contains

functions.

not teach

and independently

not teach

system

in

the properties

be displayed

provided
area

display

Furthermore Takagi

or checking

does

clearly

includes

system which

single

can

file

be seen

can

for

printer

specifically

and functions.

Takagis

Takagi

Takagi

for changing

and

display

As

area 202

The function

devices

scanner

area which

apparatus

filing

property sheets

that

as

7-25.

display

Note

areas.

function
FlU.

to

various

such

lines

single

Fl

keys

indicating

documents

column

Takagi

and

FlU

to

outputting

Takagi

further contains

function

single

program.

window

for

an area that appears

Hansen

makes

up

for

on

this

004860.fl365C2

002FH393

WI-AppIe000l

298

However

shortcoming of Takagi

However Hansen
button

the

Hansen

selected

is

dashboard

window

is

allows

only

obscured

Hansen

an unobstructed

the user

col

above

view

discussed

as

window

by

For

45-51

lines

on top of application

layer appears

of the

system if

does

not teach

or suggest

windows

programming

Hansen

18 of

see Figure

example

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dashboard

discusses

be

may

that

generated
Hansen

Furthermore
modules

associated

with

associated

with

Appellants

indicates

very

located

or suggests

field

of interactive

For

provided
network

for

at

such interactivity

the

system does

Serial

No

not teach

display

having
page

control

18

to

the user

not teach

make up

08/821004

does

to

print

or suggest

for this

is

Cohausz

of

done

or suggest

is

permits

located

functions

is

simply

the

to

of

Cohausz

turn

in

are
the

network

other

may

interact

provides

location

programming

detail

modules

no

indicator

display

scan or perform other actions
interactive

of

availability

in

the user

an interactive

is

by an overlay

user

Cohausz

simply

one

described

and execute

7-9 Thus

lines

or suggest

shortcoming

-16-

programming

examples of various

computer

not teach

this

activity

Rather the indicator of Cohausz

Takagis

not

without

thereby

system permits

modules

or information

program

of the display

interactivity

off

indictor

Furthermore

page 19 where

Specification

Takagis

does

at

example

and

above

programming

an interactive

status

the

Interactive

Furthermore Takagi

Hansen

in

activity

software

with the modules

which location
paragraph

on or

connection

connection

The

Cohausz does

example

programming

As discussed

individual

discusses

cursor

or

display

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Cohausa

that

respectfully disagree

precisely

individual

programs

Cohausz page

an indicator

on programs

applicati

teaches

asserts

activity

of

plurality

application

different

The Examiner

not teach

different

Cohausz nor Takagi

neither

does

either

However

ability

either

004860.P1365C2

002FH394

WI-AppIe000l

299

BEST COPY

em-c

ttt

19-21

Claims 2-10 and
over

depend

with

claim

Similarly

11

window
environment
associated

and/or

recites

data

for

with

window
of

active

and

at

the

least

are not obvious

same reasons

recited

and

is

said data

independently

modules

and

having
wherein the

region

screen

and

displayed

status

generation

window

display

provide

independently

program

application

any

that

window

first

displays

on

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operating

programming

programs

wherein

an

create

the

to

coupled

logic
to

individual

application

functions

region

control
screen

of

plurality

plurality of display
first

for

and

part

display

generates

logic

in

different

control

control

and Hansen

generation

and

processor

on claim

indirectly

claim

to

respect

zttNq cfltaS

or

directly

Cohausz in view of Takagi

above

ctV

ts3

and

wherein

associated

with

one of the plurality of

each

of

the

plurality of display

areas

individual

window regicnind the
in
window
display areasjrnglemented
windows
on top of application
programming

layer
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or

in

modules
control

first

teach

with

information

above with

discussed

combination

associated

independent

different

window

Cohausz

of Takagi

and are not obvious
reasons

recited

Similarly

over

above

15

and Hansen

Cohausz

with

claim

recites

Serial

No

08/821004

an

Claims

in

claim

view

to

claim

of

12-14

Takagi

status

and/or

an

layer that appears
11

is

and 22-24

and

programming

teach or suggest

window

Therefore

in

respect

creating
individual

windows

of the references

individual

that provide

none of the references
in

none

claim

programs

implemented

region

programming

view

application

Furthermore

to

respect

system in which

or suggest

top of application
in

first

generated

Claim 11 As
alone

the

independent

appears

be

may

modules

programming

plurality of

is

Hansen

not obvious

at

over

on claim 11

depend
for

on

least

the

same

11

part

operating

programming

environment

modules

-17-

for

associated

plurality

with

of

different

004860.P1365C2

002FH395

WI-AppIe000l

300

application

that

programs

and/or

status

provide

control

functions

of

window

first

generating
plurality

areas

display

for

sized

indicia

of individual
least
one of the plurality
wherein each of the plurality
of display
of

one

the plurality of

wherein

the

window

first

independently

and

region

implemented

Claim 15 As

that provide

references

window
daim

15

teach

layer

is

on claim 15 and

Hansen

for at

Cohausz

the

same reasons
recites

window

programming
programs

associated

first

in

over

Cohausz

and

generation

modules

one
first

areas

of

the

No

region

implemented

application

Serial

plurality

window

08/821004

in

in

implemented

windows

Therefore

Hansen Claims

view

15

claim

to

16-18

and

of Takagi

respect

of

active
plurality

of

in

programming

any

the

windows

-18-

of

application
areas

is

programming

plurality

window

application

layer
that

of

wherein

and displays
areas

display

independently

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individual

and

plurality
is

region

individual

functions

generates

displayed

program

and

associated

with

modules

independent

that

an

create

of

different

with

logic

to

logic

plurality

and/or control

status

window

of the

region

control

associated

independently

none of the

and

above with

window generation and control
first
window region having

and

application

programming

the

wherein each

for

different

window

for

first

environment

part

that provide

wherein the

of

top

of the references

none

with

of Takagi

recited

on

Furthermore

view

in

environment

operating

daim

to

an operating

creating

are not obvious

claim 25

Similarly

respect

areas

display

appears

first

may be generated

that

on top of application

over

depend

least

with

and

the

program

that

and

modules

independent

layer

an independent

appears

not obvious

of

and/or control functions

status

or suggest

that

any

with

associated

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displayed

application

modules

programming

areas

programming

windows

above

from executing
at
modules
programming

independently

plurality

teach or suggest

of individual

is

window

in

discussed

or in combination

programs

the

programming

application

plurality

of

active

window

alone

individual

accommodate

to

resulting

appears

the

display

on

top

of

may be generated

004860.P1365C2

002FH396

WI-AppIe000l

301

an

indicia

one

the

of

wherein

at

at

of

one

least

to

areas

the

the

in

of

plurality

the

indicia

generation

Claim 25. As
alone

discussed

above

teach

or suggest

control

with

associated
information.

different

window

region

window

layer that appears

activity.

Hansen

the plurality

claim

Additionally

25

teach

recites

an

with

or suggest

Therefore claim 25

26

of

any

interactive

display
over

region

none
as

activity

Cohausz

in

programming
status

and/or

an

or suggest

implemented

first

in

windows.

enabling

logic

claim

of

interactive

display

Cohausz Takagi

of

claimed

in claim

view of Takagi

and

or

25.

Hansen.

plurality
layer

windows

that

executable

to

areas

of

that

may

wherein

at

and

window

the

be
least

of the display

programming
independent
on
appears

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modules
display
top

of

independently

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information

wherein

at

least

for

with one of

associated
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first

areas

window

in

one of the display

in

programming

programming

display

region

implemented

application

generated
one of the individual

generate

and

displayed

program

areas

plurality

window

independently

application

display

each

display

to

areas

the references

recites

plurality of individual
the

generation

of

individual

programming

application

the indicia

none

teach

display

and

system comprising

window

and

of the references

respect

interactive

26.

active

of

indicia

not obvious

is

claim

Similarly

on top

of

that provide

programs

independent

logic

activity.

claim

to

respect

its

input and

communication

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display

system in which

none

of

above

As discussed

with

application

Furthermore

and

interactive

and

areas
user

control

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coordinate

to

enable

to

logic

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information

exchange

to

use

logic

generation

to

in

display

window region

display

module is sensitive
programming
further wherein the window
and
generation

display

individual

for

first

associated

data
of

plurality

information

generate

of display

plurality

the

the

to

coupled

of

one

least

modules

programming

logic

generation

execute

to

screen

modules

is

the

plurality

of

areas

sensitive

to

user input.

Serial

No. 08/821004

-19-

004860.P1365C2

002FH397

WI-AppIe000l

302

Claim 26 As
alone

combination

in

or

areas

display

plurality of

of

of

none

recites

claimed

Cohausz

in

Takagi

26

Hansen

or

to

27-31

II

The claims of Group
limitations

references

claims

of

for

and

Therefore

the

Claim

1-3

Serial

No

Teach

display

claim

as

areas

view

in

are not obvious

of

over

above

recited

Submit that None of

or Suggest

on claims in Group
Group

Control

Strip

and incorporate
are not obvious

II

advanced

same reasons

above

depends on claim

system defined

that

their

the

over

with respect

to

the

third

with Examiners analysis
strip

by definition

-20-

is

Claim

wherein the

the

window

region

control strip

teaches

page

recites

first

strip

with Claim

Cohausz

Action

in

control

comprises

accordance

Office

control

08/821004

in

stated

Final

respectfully disagree

strip

region

Thus

The Examiner

control

appears

to

respect

same reasons

Respectfully

the claims of

which

claim

The display

Figs

the

at least

that

the

Additionally

Cohausz

over

on claim 26 and

for

layer

with

and

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window

at

not obvious

Hansen

depend

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at least

Furthermore

strip

interactive

is

modules

region

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or suggest

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cited

window

in

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of

plurality

26

claim

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respective

26

of

window

above

depend

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first

of the references1

programming

As discussed

teach

claim

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of individual

implemented

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display

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or suggest

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respect

teach

none

claim

to

in

system

plurality

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display

Hansen Claims

and

Takagi

with

claim

in

one of

the references

interactive

Cohausz

or suggest

with

independent

on top of application
claim 26

teach

associated

Furthermore none

above with respect

discussed

full

paragraph

Cohausz does

window

with

is

control

oblong

field

Appellants

not teach

of graphics

or suggest

depicting

one

004860.P1365C2

002FH398

WI-AppIe000l

303

or

more display

Cohauszs

oblong

field

control

strip since

oblong

not

field

user

for

location

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information regarding
that

system programs

invention

1-2 Cohausz

does

such

or suggest

control

either nor

strip

view

in

to

the references

Therefore

alone

claim

13

11

claim

independent

is

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Claim Group

III

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displaying

above

respect

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claim

10 which

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of the data

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displays

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Takagi

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08/821004

display

IV

above

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of

none

claim

13

Hansen

and

Submit that None of
Data Area

Suggest

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with

indirectly

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depends on claim

references

cited

the claims

their

of

Group

recites

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system defined in Claim
an additional
display element

at least

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display

with Claim 10

in accordance

an additional

an additional

Group

advanced

same reasons

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of

as

Display Element

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the claim

status

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and Hansen

region

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limitations

of

referent

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produced

Takagi

Therefore

with

control

Cohausz

Appellants

Cohausz Takagi

location

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window

first

disclose

over

defines

strip

Hansen

As discussed

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it

or

and Hansen

of Talcagi

Claim 13 adds the limitation that
strip

control

does

using

as information

system

such

or suggest

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clearly

well

as

run on the computer

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Cohausz

over

programs

control

the current

she

14 1-2

page

not include

indicates

only

term status

application
are

Specification

does

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hand

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it

use the

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the

obvious

is

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indicia

status

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control

for

areas

display

element

element

at

-21-

one of the display

at least

The Examiner
paragraph

stated

Final

that

Office

Cohausz
Action

004860.P1365C2

002FH399

WI-AppIe000l

304

third

page

paragraph

Cohausz

analysis
additional

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004860.P1365C2

002FH400

WI-AppIe000l

305

Claim 21. Thus
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recognition

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view

-23-

they

solution

widespread

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The most common

invention

the art

and

is

because

of non-obviousness.

respectfully submit

No. 081821004

claim

are considered

or factors
evidence

patent

commercial success of the claimed

Serial

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claim 21

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arguments

004860.P1365C2

002FH401

WI-AppIe000l

306

presented

herein

considerations

has

evidence
not

of

non-obviousness

been presented

in the

heretofore

in

form of secondary

the prosecution

of

this

application

Serial

No

08/821004

-24--

004860.P1365C2

002FH402

WI-AppIe000l

307

CONCLUSION

IX

submit

Appellants

the invention

or suggest

be

cannot

alone

associated

with

different

or

in

Examiner

Examiners modification
taught

nor suggested

are patentable
overrule

the

This

fee

appeal

Examiner

for

Please

Account

No

is

and

that

either

one other than
charge

the

direct

submitted

Cohausz and

submit

further submit

for

that

all

Board

of

no motivation
of the

the appealed
Patent

of the

along

entity

and

the

that

as

credit

with

art cited

by the

for

cited

performing the
references

is

claims in

Appeals
rejected

with

specified

application

and Interferences

claims

check

in

this

37

any overcharges

for

$310.00

C.F.R
to

to

cover

the

1.17f

out Deposit

02-2666

Respectfully

submitted

BLAKELY SOKOLOFF TAYLOR

Date

ZAFMAN

LLP

.2001

orney

for

Registration

12400
Los

areas

reference

in triplicate

any shortages

of the

none

combining the references cited

provides

allowance

small

that

Takagi

modules associated

any further modification

that

by

and requests

brief

Examiner

respectfully submit

Appellants

that

do not teach

plurality of display

prograrnnting

no motivation

that

and

submit

or suggest

Appellants

absolutely

further submit

Appellants

neither

of individual

programs

provides

teach

and Hansen

of Takagi

Furthermore Appellants

combination

plurality

application

view

in

claimed Appellants

combined

logically

references

Cohausz

that

Wilshire

Angeles

Boulevard Seventh

CA

Appellants

Number 39393

floor

90025-1026

408-720-8300

Serial

No

08/821004

-25-

004860.P1365C2

002FH403

WI-AppIe000l

308