Ex Parte AMM et alDownload PDFPatent Trial and Appeal BoardMay 31, 201712233502 (P.T.A.B. May. 31, 2017) Copy Citation 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 2 Appeal 2016-004769 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. 3 Appeal 2016-004769 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.’ '' 4 Appeal 2016-004769 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 5 Appeal 2016-004769 Application 12/233,502 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). 6 Copy with citationCopy as parenthetical citation