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
window
displayed
associated
operating
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
individual
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
Thus Hansen
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
the Specification
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
areas
the
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
that
that
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
of display
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
is
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
areas
modules
display
top
of
independently
having
region
information
wherein
at
least
for
with one of
associated
the
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
activities
display
system in which
none
of
above
As discussed
with
application
Furthermore
and
interactive
and
areas
user
control
message-based
coordinate
to
enable
to
logic
or in combination
modules
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
Group
window
at
not obvious
Hansen
depend
II
at least
Furthermore
strip
interactive
is
modules
region
may be generated
that
or suggest
Appellants
Cohausz Takagi
cited
window
in
the
of
plurality
26
claim
Claim Group
respective
26
of
window
above
depend
and Hansen
first
of the references1
programming
As discussed
teach
claim
Therefore
of individual
implemented
areas
display
which each
or suggest
windows
programming
view of Takagi
respect
teach
none
claim
to
in
system
plurality
areas
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
On
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
not obvious
the
Claim Group
III
An
displaying
above
respect
for
at
least
Therefore
the
claim
10 which
The display
of the data
Claim 10 Thus
areas
is
displays
Serial
displays
No
areas
Takagi
Teach
08/821004
display
IV
above
is
by
lines
page
does
not teach
claim
is
not
or
control
comprises
to
of
none
claim
13
Hansen
and
Submit that None of
Data Area
Suggest
and incorporates
not obvious
with
indirectly
respect
over
to
the
depends on claim
references
cited
the claims
their
of
Group
recites
wherein said
system defined in Claim
an additional
display element
at least
one
display
with Claim 10
in accordance
an additional
an additional
Group
advanced
same reasons
Furthermore
of
as
Display Element
Additional
the claim
status
strip as recited in claim
Respectfully
and Hansen
region
The claim of Group IV depends on claims in Group
limitations
of
referent
as
produced
Takagi
Therefore
with
control
Cohausz
Appellants
Cohausz Takagi
location
Specification
window
first
disclose
over
defines
strip
Hansen
As discussed
or in combination
it
or
and Hansen
of Talcagi
Claim 13 adds the limitation that
strip
control
does
using
as information
system
such
or suggest
is
clearly
well
as
run on the computer
not teach
Cohausz
over
programs
control
the current
she
14 1-2
page
not include
indicates
only
term status
application
are
Specification
does
the present
hand
the other
it
use the
Although Cohausz does
the
obvious
is
Rather Cohauszs
indicia
status
and/or status indicia
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
only
full
display
not teach
in the right region
The Specification
or suggest
area
display
of the
that
also
an additional
an
displays
may
area that
not
symbols or pictures as
3rd
Cohausz page
Figures
an example of such
provides
with Examiners
display
and as an alternative
but additional
writing
respectfully disagree
Rather Cohausz discusses
element
display
represented
it
does
Appellants
display
paragraph
element where
states
Note
the user
may
shown
pop-up menus
shown in Figure
discusses
suggest
Takagi
using
images
instead
Hansen
make
over
nor
Cohausz
in
IV
The claims of Group
limitations
cited references
claims of
for
at
the
same reasons
e.g
does
not teach
or
Neither
Therefore claim
10
is
Hansen
Teach
of
messages
messages etc
help
Submit that None of
Respectfully
on claims
such
Cohausz
Cohausz
of
and
Private
the claims
or
Suggest
Window
in
The
First
Window
Layer that Appears
in
Layers
and incorporate
Group
are not obvious
Group
advanced
above
their
over
with respect
to
the
the
Group
The display
region
of
No
menus
shortcoming
one
elements
on the other hand simply
for All Application
Furthermore claim 21 which
Serial
pop-up
in
depend
or help
an area
label
and Hansen
Therefore
least
to
Appellants
Windows
2C
their
In
highlighted
is
additional
Cohausz
of Takagi
Implemented
of
Front
as
view
Cohausz Takagi
Region
text
for this
up
Claim Group
respective
of
it
display
in Figure
15-18
lines
elements such
additional
not obvious
14
page
also
on
information
display
button
21
balloons
Specification
may
clicks
buttons
embodiment
as
buttons
that
When
surface
is
08/821004
system defined
implemented
windows
for all
depends on claim
in
private
applications
-22-
in
Claim
window
recites
wherein the
first
layer that appears
window
in front
layers
004860.P1365C2
002FH400
WI-AppIe000l
305
Claim 21. Thus
in
implemented
discusses
the
Office
Final
Takagi
and
applications
4.
Hansen
However Hansen
claim
in
layers.
teach
24
recites
is
may
that
not teach
not obvious
function
or
may
with
layer
that
not teach
attached
keys
not
or suggest
appear in
the use of
Cohausz
over
above
private
with
window
claim
Therefore
layers.
system wherein
part
layer that appears
As discussed
or suggest
application
in
window
private
view of
in
24
in
layer
is
that
first
21 none
claim
appears
not obvious
window
windows
front of
to
respect
the
in
front
for
is
all
of the
of
Cohausz
over
region
windows
in
view of
and Hansen.
The
effect
of
second4jy considerations.
In determining
considerations
circumstantial
whether
long-standing
invention
Appellants
problems
in the industry
in
that
in
sometimes
provide
factors
by the claimed
recognition
by experts
view
-23-
they
solution
widespread
disbelief
obvious the secondary
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
does
claim 21
Therefore
Cohausz does
only
5.
Cohausz merely
location
discusses
dashboard
discusses
cited
p.4 paragraph
window
private
are adjacent
Takagi
Cohausz
respectfully disagree
or suggest
field
at
is
region
Hansen.
implemented
Takagi
on the oblong
window
stated that
Appellants
At the
layers.
first
window layer
private
not teach
applications
layer.
Similarly
all
all
The Examiner
paragraph.
Cohausz does
windows.
window
references
in
private window layer.
an application.
private
first
Claim 21 the
with
layer.
region
12
that the regions
front of other
for
window
analysis.
or suggest
to
first
always in front of
discusses
window
private
Action page
Examiners
is
in accordance
that
of the strength
and
invention
of
copying of the
the invention
of the
are
would
work.
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
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?