Ex Parte AMM et al

Patent Trial and Appeal Board

May 31, 2017

12233502 (P.T.A.B. May. 31, 2017)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
12/233,502 09/18/2008 David T. AMM P6453US1 2250
7590 06/02/201762579
APPLE INC.
c/o Brownstein Hyatt Farber Schreck, LLP
410 Seventeenth Street
Suite 2200
Denver, CO 80202
EXAMINER
LI, LIN
ART UNIT PAPER NUMBER
2693
NOTIFICATION DATE DELIVERY MODE
06/02/2017 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
patentdocket @ bhfs. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte DAVID T. AMM
and
OMAR S. LEUNG
Appeal 2016-004769
Application 12/233,502
Technology Center 2600
Before CARLA M. KRIVAK, HUNG H. BUI, and
JEFFREY A. STEPHENS, Administrative Patent Judges.
KRIVAK, Administrative Patent Judge.
DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from the Examiner’s
Final Rejection of claims 1—35, which are all the claims pending in the
application. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
Appeal 2016-004769
Application 12/233,502
STATEMENT OF THE CASE
Appellants’ invention is directed to systems and methods for
“controlling a navigational object (e.g., a cursor)” using a mouse or “motion-
based input device adapted to move relative to a surface” and “force sensing
for fine tracking control of [the] mouse cursor” (Title (capitalization
altered); Abstract).
Claims 1,10, 14, 18, and 27 are independent. Independent claim 1,
reproduced below, is exemplary of the subject matter on appeal.
1. A system comprising:
a motion-based input device having a force detection
module operable to measure a lateral force applied to the input
device by a user;
a motion detection module operative to determine if the
motion-based input device is moving relative to a surface;
a processor coupled to the force detection module, the
processor operable to determine a change in magnitude of the
measured lateral force by comparing the measured lateral force
to a previously measured applied lateral force and generate
navigational object movement information based on the change
in magnitude when the motion-based input device is stationary
with respect to the surface; wherein
the navigational object movement information is
generated in a coarse mode only utilizing detected movement of
the motion-based input device relative to the surface when the
motion detection module determines that the motion-based
input device is moving relative to the surface; and
the navigational object movement information is
generated in a fine mode only when the motion-based input
device is not moving relative to the surface and the magnitude
of the measured lateral force is increasing.
REFERENCES and REJECTIONS
(1) The Examiner rejected claims 1—8, 10-15, and 17—35 under
35 U.S.C. § 103(a) based upon the teachings of Shim (US 2004/0017355
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Application 12/233,502
Al; published Jan. 29, 2004) and Aoki (US 2007/0080940 Al; published
Apr. 12, 2007).
(2) The Examiner rejected claims 9 and 16 under
35 U.S.C. § 103(a) based upon the teachings of Shim, Aoki, and Choi (US
2007/0290998 Al; published Dec. 20, 2007).
ANALYSIS
With respect to claim 1, the Examiner finds the combination of Shim
and Aoki teaches navigational object movement information generated in
coarse and fine modes, as claimed (Final Act. 4—6; Ans. 3—4, 10-11).
Particularly, the Examiner finds Shim’s cursor (navigational object)
movement information is generated in a coarse mode only utilizing detected
movement of a cursor control system (motion-based input device) relative to
a surface when the cursor control system is moving relative to the surface
(Final Act. 4 (citing Shim Abstract; Fig. 2A)). Regarding the claimed fine
mode, the Examiner finds Shim’s cursor movement information is generated
in a fine mode only when the cursor control system is moving at a slow
speed relative to a surface (Final Act. 4—5 (citing Shim 1235, Abstract)).
The Examiner relies on Aoki for teaching navigational object movement
information generated in a fine mode only when a motion-based input device
is not moving relative to a surface because Aoki “does not require that the
remote light transmitter 2 [motion-based input device] has to move/swing in
order to perform the [cursor’s] fine adjustment” by a pressed key/touch pad
(Ans. 4, 8 (citing Aoki H 64—65, 338, 343, 346, 348; Figs. 20(A)-21(C));
see also Final Act. 6). We do not agree.
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Application 12/233,502
We agree with Appellants that neither Shim nor Aoki teaches or
suggests navigational object movement information being generated in a fine
mode only when the motion-based input device is not moving relative to the
surface, as recited in claim 1. Rather, “FIGs. 20(A)-20(C) and 21(A)-21(C)
of Aoki merely show that the remote control light transmitter 2 [motion-
based input device] is not required to move during [the cursor’s\fine
adjustment because input comes from the key 22 or the touch pad 23 as
opposed to from movement” (App. Br. 9 (citing Aoki || 341—348)
(emphasis added)). “[N]ot being required to move in a fine adjustment
mode is not the same as ONLY operating in the fine adjustment mode when
an input device is not moving,” as claim 1 requires (Reply Br. 2). Rather,
Aoki’s transmitter (motion-based input device) may move during fine
adjustment, contrary to the claimed “fine mode only when the motion-
based input device is not moving relative to the surface” (App. Br. 8).
Particularly, Aoki teaches the transmitter’s movement may influence the fine
mode adjustment unless “coarse adjustment is disabled during fine
adjustment so that movement of the remote control light transmitter 2
doesn’t influence fine adjustment” (App. Br. 9 (citing Aoki || 65, 348)).
As noted by the Examiner, Shim does not make up for the above-
noted deficiencies of Aoki as Shim’s cursor movement information is
generated in a fine mode when the cursor control system is moving “at a
slow or manual speed through a subsequent fine maneuver” (see Shim
Abstract (emphasis added); Final Act. 4—5). This is contrary to the claimed
fine mode employed “only when the motion-based input device is not
moving relative to the surface.’ ''
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Application 12/233,502
The Examiner also asserts, for the first time in the Answer, that
Shim’s Figure 4C and paragraph 188 disclose “a cursor control system
includes a touch strip for performing claimed limitations of ‘a fine mode
only when the motion-based input device is not moving relative to the
surface’” (Ans. 11 (citing Shim 1188; Fig. 4C)). We do not agree, as this is
not what Shim’s Figure 4C discloses. Rather, Shim’s Figure 4C discloses “a
stationary coarse cursor control member” and “a movable fine cursor control
member” (see Shim 1113 (emphasis added)), which is contrary to the
claimed “coarse mode . . . when ... the motion-based input device is moving
relative to the surface” and the claimed "fine mode only when the motion-
based input device is not moving relative to the surface.”
Additionally, Aoki in combination with Shim merely discloses a
motion-based input device “able to move while operating in fine mode,” and
does not teach or suggest “an input device operating] in a fine mode ONLY
when the input device is not moving relative to a surface,” as required by
claim 1 (Reply Br. 3). The Examiner has not shown the additional teachings
of Choi cure the above-noted deficiencies of Shim and Aoki. Thus, for the
reasons set forth above, we do not sustain the Examiner’s rejection of
independent claim 1 and claims 2—9 and 31 dependent therefrom. We also
do not sustain the Examiner’s rejection of independent claim 27, argued for
substantially the same reasons as claim 1, and claims 28—30 and 35
dependent therefrom (App. Br. 12—13).
Independent method claim 10 recites a control signal generated “in a
fine mode only when the input device is not moving relative to the
surface” (App. Br. 10—11). That is, claim 10 requires generating the control
signal in the fine mode only responsive to a determination of the input
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device not moving relative to the surface. As discussed supra with respect
to claim 1, we agree with Appellants neither Shim nor Aoki disclose a
condition for activating a fine mode is by not moving an input device
relative to a surface (App. Br. 10-11).1 Therefore, we do not sustain the
rejection of independent claim 10 and claims 11—13 and 32 dependent
therefrom. We also do not sustain the Examiner’s rejection of independent
claims 14 and 18, argued for substantially the same reasons as claim 1 and
10, and claims 15—17, 19-26, 33, and 34 dependent therefrom (App. Br. 11—
12).
DECISION
The Examiner’s decision rejecting claims 1—35 is reversed.
REVERSED
1 We agree with the Examiner that Figures 20(B) and 20(C) of Aoki show
movement of the input device to achieve coarse adjustment (Figure 20(B))
and using the cross-shaped key 22 to achieve fine adjustment (Figure 20(C))
(see Ans. 3—5; see also Aoki Figs. 21(A)-21(C)). The cited portions of Aoki
do not teach, however, that the input device is not moving during fine
adjustment. Instead, Aoki teaches that “the function of coarse adjustment is
disabled when the fine adjustment alternative signal generating means is
driven” so that “it is possible to perform stable fine adjustment without any
influence by the swing angle 0 of the transmitter” (^j 348). Aoki thus
suggests that the transmitter may be moving during fine adjustment, and we
interpret claim 10’s “only when” limitation as not encompassing any
coincidental or intermittent period in which fine adjustment is performed
when the input device is not moving (even if preceded or followed by
movement of the input device during coarse adjustment).
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