Ex Parte Im et alDownload PDFPatent Trial and Appeal BoardJan 14, 201411245231 (P.T.A.B. Jan. 14, 2014) Copy Citation UNITED STATES PATENT AND TRADEMARKOFFICE 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. 11/245,231 10/06/2005 Jong-Hyeok Im 678-2037 3181 66547 7590 01/14/2014 THE FARRELL LAW FIRM, P.C. 290 Broadhollow Road Suite 210E Melville, NY 11747 EXAMINER STERNBANE, LAURENCE J ART UNIT PAPER NUMBER 2699 MAIL DATE DELIVERY MODE 01/14/2014 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte JONG-HYEOK IM and HUN-WOONG YANG ____________________ Appeal 2011-010916 Application 11/245,231 Technology Center 2600 ____________________ Before JOSEPH L. DIXON, JAMES R. HUGHES, and ERIC S. FRAHM, Administrative Patent Judges. FRAHM, Administrative Patent Judge. DECISION ON APPEAL Appeal 2011-010916 Application 11/245,231 2 STATEMENT OF CASE Introduction Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of claims 1-4, 6, and 7. Claim 5 has been canceled. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. Appellants’ Disclosed Invention Appellants’ disclosed invention relates to a dual liquid crystal display (LCD) screen mobile phone that opens up to reveal a wide screen display mode where both LCD screens operate to create a display to a user (see Fig. 5; Title; Abst.; Spec. 1:13-15). Exemplary Claim Independent claim 1 is representative of claims 1-4, 6, and 7 on appeal, and recites a folder-type mobile phone with dual outer liquid crystal displays (LCDs), where when the phone is closed around a hinge both screens are “completely visible to a user” (see claim 1 infra; claim 7; Figs. 3-6, especially Fig. 5 showing the phone unfolded). Exemplary independent claim 1 under appeal, with emphases and bracketing added, reads as follows (the only other independent claim on appeal, claim 7, contains a similar limitation as limitation [B] found at the end of claim 1 infra): 1. A folder-type mobile phone having dual outer liquid crystal displays, comprising: a body housing; a folder being opened from the body housing; a main liquid crystal display provided in the lengthwise direction of the body housing; Appeal 2011-010916 Application 11/245,231 3 a sub-liquid crystal display provided in the lengthwise direction of the folder; and a hinge unit rotatably connecting the folder to the body housing, the hinge unit disposing the main liquid crystal display and the sub-liquid crystal display to be positioned parallel to each other in side by side relation by rotating the folder about a hinge axis of the hinge unit so that the folder becomes remote from the body housing in the lengthwise direction of the body housing, [A] wherein the main liquid crystal display and the sub- liquid crystal display of the mobile phone operate as a single wide screen display, when the folder is open during a wide screen display mode, and [B] wherein the main liquid crystal display and the sub- liquid crystal display of the mobile phone are both completely visible to a user when the folder is closed onto the body housing. The Examiner’s Rejections (1) The Examiner rejected claims 1-4, 6, and 7 as being unpatentable under 35 U.S.C. § 103(a) over the combination of Yoshihara (US 2004/0061662 A1; published April 1, 2004) and Choi (JP 2003-0045892; published December 3, 2001). Ans. 4-9. (2) The Examiner rejected claim 2 as being unpatentable under 35 U.S.C. § 103(a) over the combination of Yoshihara, Choi, and Virnich (US 2006/0066227 A1; published March 30, 2006, filed Sept. 24, 2004). Ans. 9-11. Appeal 2011-010916 Application 11/245,231 4 Appellants’ Contentions1 (1) Appellants contend (App. Br. 8-12; Reply Br. 1-4) that the Examiner erred in rejecting claims 1, 3, 4, 6, and 7 under 35 U.S.C. § 103(a) over Yoshihara and Choi for numerous reasons including: (a) Yoshihara and Choi, whether taken individually or together in combination, fail to teach or suggest that a main LCD and sub-LCD of a mobile phone “are both completely visible to a user[,] when the folder is closed onto the body housing” as recited in (limitation [B] of representative claim 1, and similarly recited in the last limitation of claim 7) claims 1 and 7 (App. Br. 12); (b) neither of Choi’s displays are visible when the folder is closed (App. Br. 8), and therefore, Choi fails to teach or suggest limitation [B] at issue since neither of Choi’s displays are visible when the folder is closed (App. Br. 8); (c) Yoshihara’s Figure 11 shows display D2 is visible when the folder is closed onto the main body, and only a portion of display D1 remains visible (App. Br. 8); (d) nothing in Yoshihara or Choi provides any reason for the design choice relied upon by the Examiner, and doing so would require a new hinge mechanism (App. Br. 10); and 1 Appellants argue claims 1, 3, 4, 6, and 7 on the basis of claim 1 (App. Br. 12; Reply Br. 3). We select claim 1 as representative of the group of claims 1, 3, 4, 6, and 7 rejected over Yoshihara and Choi, and decide the appeal of claims 3, 4, 6, and 7 on the same basis as claim 1. Appeal 2011-010916 Application 11/245,231 5 (e) the Examiner’s motivation for the proposed combination of Yoshihara and Choi and the asserted design choice is improper, conclusory, and lacks a rational underpinning (App. Br. 11). (2) Appellants contend (App. Br. 8-9 and 13) that the Examiner erred in rejecting claim 2 under 35 U.S.C. § 103(a) over Yoshihara, Choi, and Virnich for numerous reasons including: (a) Virnich’s displays are on opposite sides of the folder portion, making it impossible for both displays to be visible when the folder is closed (App. Br. 8-9 and 12); (b) nothing in Yoshihara, Choi, or Virnich provides any reason for the design choice relied upon by the Examiner, and doing so would require a new hinge mechanism (App. Br. 10); and (c) claim 2 is patentable due to its dependency upon claim 1 as argued supra (App. Br. 12). Issue on Appeal Based on Appellants’ arguments, the following issue is presented for appeal: Did the Examiner err in rejecting claims 1-4, 6, and 7 as being obvious because (a) Yoshihara and Choi are not properly combinable, and (b) the base combination of Yoshihara and Choi, when combined with the knowledge of a person having ordinary skill in the art of folder-type, dual screen display devices at the time of Appellants’ invention, fails to teach or suggest the “wherein” limitation [B] at issue in representative claim 1 in order to maximize viewing area of both screens to a user? Appeal 2011-010916 Application 11/245,231 6 PRINCIPLES OF LAW “[C]laims under examination before the PTO are given their broadest reasonable interpretation consistent with the specification.” In re Abbott Diabetes Care Inc., 696 F.3d 1142, 1148 (Fed. Cir. 2012). Whether an invention would have been obvious is a question of law based on underlying findings of fact. In re Gartside, 203 F.3d 1305, 1316 (Fed. Cir. 2000). A claimed invention is unpatentable if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious to one of ordinary skill in the relevant art. 35 U.S.C. § 103. Whether a claimed invention would have been obvious is a question of law, based on factual determinations regarding the scope and content of the prior art, differences between the prior art and the claims at issue, the level of ordinary skill in the pertinent art, and any objective indicia of non-obviousness. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406 (2007); Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17-18 (1966). The Examiner’s articulated reasoning in the rejection must possess a rational underpinning to support the legal conclusion of obviousness. KSR Int’l Co. v. Teleflex, Inc., 550 at 418 (citing In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)). In KSR, the Supreme Court criticized a rigid approach to determining obviousness based on the disclosures of individual prior-art references, with little recourse to the knowledge, creativity, and common sense that an ordinarily skilled artisan would have brought to bear when considering combinations or modifications. KSR, 550 U.S. at 415-22. The Supreme Court required an analysis that reads the prior art in context, taking account of “demands known to the design community,” “the background knowledge Appeal 2011-010916 Application 11/245,231 7 possessed by a person having ordinary skill in the art,” and “the inferences and creative steps that a person of ordinary skill in the art would employ.” Id. at 418. This “expansive and flexible approach,” id. at 415, is consistent with our reviewing court’s own pre-KSR decisions acknowledging that the inquiry “not only permits, but requires, consideration of common knowledge and common sense.” DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1367 (Fed. Cir. 2006). The Examiner’s analysis in this case does not simply and narrowly focus on the prior-art references applied, but relies upon the knowledge and perspective of one of ordinary skill in the art to explain why an ordinarily skilled artisan would have been motivated to combine and/or modify the cited references to arrive at the claimed inventions.2 As KSR established, the knowledge of such an artisan is part of the store of public knowledge that must be consulted when considering whether a claimed invention would have been obvious. 2 And, more specifically, the Examiner relies upon the ability and knowledge of the person of ordinary skill in the art to arrange and modify the particular placement of Yoshihara’s screen D1 (e.g., “from one side of a housing to another” as determined by the Examiner at Ans. 6, “on either the inner or outer surface of the main housing or sub-housing of a mobile device” and/or with “both displays on the external surface of the mobile device” as determined by the Examiner at Ans. 13) to be completely visible/viewable to a user. We find that this would be especially true for wide screen devices using two screens such as found in the folder-type mobile phone using a wide-screen display of Choi (see Choi’s Figs. 1-3 showing side-by-side screens 100 and 200 for use in wide-screen viewing) in order for users to better enjoy moving images and/or games on the combined screens as taught by Choi. Appeal 2011-010916 Application 11/245,231 8 ANALYSIS We have reviewed the Examiner’s rejections in light of Appellants’ contentions in the Appeal Brief (App. Br. 8-14) and the Reply Brief (Reply Br. 1-4) that the Examiner has erred. We disagree with Appellants’ conclusions. We adopt as our own (1) the findings and reasons set forth by the Examiner in the action from which this appeal is taken (Ans. 4-11), as well as the Advisory Action mailed October 25, 2010, and (2) the reasons set forth by the Examiner in the Examiner’s Answer in response to Appellants’ Appeal Brief (see Ans. 9-14). We concur with the conclusions reached by the Examiner. Examiner’s Prima Facie Case Yoshihara (Figs. 9-11) combined with Choi (Figs. 1-3) teaches or suggests a mobile phone with dual LCD screens that fold to provide a wide- screen view. We do not find the Examiner’s reasoning for the modification of the location of screens of the collective teachings and/or suggestions of Yoshihara and Choi (from an inner surface of a folder housing to an outer surface of a folder housing) to be unreasonable. We agree with the Examiner (Ans. 12-13) that only a limited number of options would be available to the folding-type mobile phone designer or ordinarily skill artisan in the field to provide a wide-screen view using two screens of a folding mobile phone (i.e., either two screens on the inside of the folder housing as is found in Choi’s Figures 1, 2a, 2b, and 3, or two screens on the outside of the folder housing as found in Appellants’ Figure 5 and Yoshihara’s Figures 1, 2, 7, 9, and 11). Indeed, we also agree with the Examiner (Ans. 12) that: (i) Appellants’ own admitted prior art shown in Figures 1 and 2 of the Drawings of the Specification on appeal, as well as Choi (see Figs. 1, 2, 7, 9, Appeal 2011-010916 Application 11/245,231 9 and 11), disclose installing screens on either an inside or an outside of a folding housing of a mobile phone; (ii) Yoshihara discloses dual displays on a folding phone that are disposed such that the two screens face the same direction when the housing is open (see Yoshihara, Figure 9) or closed (see Yoshihara, Figures 7 and 11); and (iii) modifying the combination of Yoshihara and Choi (as modified by design choice as to screen placement) with Virnich would not require a new hinge mechanism (Ans. 13). The Examiner has provided articulated reasoning with a rational underpinning to support the combination for the legal conclusion of obviousness, i.e., set forth a prima facie case of obviousness in rejecting claims 1, 3, 4, 6, and 7 under § 103(a) over Yoshihara and Choi (Ans. 4-9). In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006). We agree with the Examiner that the combination of Yoshihara and Choi meets all of the dual outer LCD limitations set forth in representative claim 13 and that it would have been obvious to combine Yoshihara and Choi. Indeed, the Examiner explains in detail the reasons that would motivate an ordinarily skilled artisan to combine: (1) the teachings of Yoshihara with those of Choi (Ans. 5-6 and 8-9), and (2) the teachings of Virnich with those of Yoshihara and Choi (Ans. 10-11). Thus, the Examiner has met the prima facie showing 3 The Examiner provided element-to-element matching of the features of the references to the limitations of the claims in a sufficiently articulate and informative manner (see, e.g., discussion of claim 1 at Ans. 4-6 and discussion of claim 7 at Ans. 7-9, see also discussion of claim 2 at Ans. 9- 10). Appeal 2011-010916 Application 11/245,231 10 and the burden of persuasion shifts to Appellants to demonstrate non- obviousness.4 Appellants’ Burden to Rebut Prima Facie Case If a prima facie case of obviousness is established, the burden shifts to the applicant to come forward with arguments and/or evidence to rebut the prima facie case. See, e.g., In re Dillon, 919 F.2d 688, 692 (Fed. Cir. 1990). To establish a prima facie case of obviousness, so as to meet the notice required of 35 U.S.C. § 132, requires (1) “set[ting] forth the statutory basis of the rejection”; (2) “the reference or references relied upon”; and (3) explaining the references “in a sufficiently articulate and informative manner.” In re Jung, 637 F.3d 1356, 1363 (Fed. Cir. 2011). Further, there must be (4) “a reason to combine prior art references[, which] is a question of fact.” Kinetic Concepts, Inc. v. Smith & Nephew, Inc., 688 F.3d 1342, 1367 (Fed. Cir. 2012) (internal citations omitted). Also, an obviousness determination cannot rest upon impermissible hindsight reasoning, and to guard against hindsight reasoning the Federal Circuit “flexibly seeks evidence from before the time of the invention in the form of some teaching, suggestion, or even mere motivation [(]conceivably found within the knowledge of an ordinarily skilled artisan[)] to make the variation or combination.” Rolls-Royce, PLC v. United Technologies Corp., 603 F.3d 1325 (Fed. Cir. 2010) (internal citations omitted). 4 Once the Examiner has satisfied the burden of presenting a prima facie case of obviousness, the burden then shifts to Appellants to present evidence and/or arguments that persuasively rebut the Examiner’s prima facie case. See In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992). Appeal 2011-010916 Application 11/245,231 11 Unexpected Results It is well established that Appellants bear the burden of showing that the claimed invention imparts unexpected results. In re Geisler, 116 F.3d 1465, 1470 (Fed. Cir. 1997); In re Klosak, 455 F.2d 1077, 1080 (CCPA 1972). Such burden requires Appellants to provide a showing that is actually unexpected and is reasonably commensurate with the scope of protection sought by the claims on appeal. See In re Grasselli, 713 F.2d 731, 743 (Fed. Cir. 1983); In re Clemens, 622 F.2d 1029, 1035 (CCPA 1980); Klosak, 455 F.2d at 1080. Here, as correctly found by the Examiner at page 14 of the Answer, Appellants have not demonstrated that the claimed subject matter of representative claim 1 of locating dual LCD screens of mobile device so as to be completely visible to a user when a folder is closed produces any unexpected or extraordinary results. Furthermore, we agree with the Examiner that placing both screens on external surfaces of the mobile device of Yoshihara combined with Choi would not provide any unexpected results to a user (i.e., both screens would be visible to a user even when the device is closed (Ans. 13). We also agree with the Examiner that only a limited number of arrangements exist for dual screen, wide-screen devices that fold on a hinge as would be the situation in the combination of Yoshihara and Choi (Ans. 12-13). The expected result of trying different screen arrangements based on a limited number of optional placements available for side-by-side screen arrangements for wide-screen viewing as taught by Choi (see Choi, Figs. 1-3 showing screens 100 and 200) agrees with the disclosure of Yoshihara (Figs. 9-11) which teaches that main-LCD and sub- LCD screens facing opposite directions when the folder is closed and a same Appeal 2011-010916 Application 11/245,231 12 direction when the folder is open, yielding the expected result of providing dual LCDs on the outside of the folder while at the same time producing a wide-screen mode using two side by side screens. We, therefore, agree with the Examiner’s findings and conclusions that one of ordinary skill in the art of mobile devices using dual screens at the time of Appellants’ invention, in view of the combined teachings and suggestions of Yoshihara and Choi modified by a predictable choice in design or placement of screens used for dual and/or wide screen viewing, would have been motivated to perform routine experimentation to find the optimum/workable placement for the dual screens of a mobile phone used for wide-screen viewing of games and images that allows a user to have the best view, e.g., by being able to completely view both screens when the folder is closed (Ans. 4-6 and 12-14). Hindsight Appellants contend (App. Br. 11) the Examiner’s obviousness determination is hinged upon impermissible hindsight and is thus conclusory. To support their conclusions of hindsight, Appellants themselves present conclusory statements that such combinations of references would require more than ordinary skill in the art (App. Br. 9-10). Appellants’ conclusory statements are unsupported by factual evidence. In addition, arguments of counsel cannot take the place of factually supported objective evidence. See, e.g., In re Huang, 100 F.3d 135, 139-40 (Fed. Cir. 1996); In re De Blauwe, 736 F.2d 699, 705 (Fed. Cir. 1984). Also, while not required to, Appellants have not submitted evidence of secondary considerations. Evidence of secondary considerations “may also serve a guard against slipping into use of hindsight.” Kahn, 441 F.3d at 986 Appeal 2011-010916 Application 11/245,231 13 (quoting Graham v John Deere Co., 383 U.S. 1, 36 (1966)). Therefore, we accord very little probative value to Appellants’ conclusory statements that combining the teachings of Yoshihara and Choi, and/or Yoshihara, Choi, and Virnich, required more than ordinary skill in the art. In view of the foregoing, Appellants’ contentions (App. Br. 9-12; Reply Br. 3-4) that it would not have been obvious to combine Yoshihara and Choi and/or Yoshihara, Choi, and Virnich because the Examiner’s reasoning is conclusory and involves hindsight are unconvincing. Ordinary Skill and Design Choice Moreover, we are not persuaded that modifying Yoshihara with the dual, side-by-side screen mobile phone with a wide-screen mode of Choi, and re-arranging screen locations to produce predictable results of providing maximum visibility for a user was “uniquely challenging or difficult for one of ordinary skill in the art” at the time of Appellants’ invention (see Leapfrog Enters., Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 1162 (Fed. Cir. 2007) (citing KSR, 550 U.S. at 418)). In both Yoshihara and Choi, multiple arrangements are disclosed for using multiple screens in a mobile device. And, in Choi, two screens are used side by side to produce a wide-screen mode for viewing moving images and games to a user. Routine optimization of scientific variables by ordinarily skilled artisans that produce predictable variations are likely (i) the product not of innovation but of ordinary skill and common sense, and (ii) barred by 35 U.S.C. § 103. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. at 420; Pfizer, Inc. v. Apotex, Inc., 480 F.3d 1348, 1371 (Fed. Cir. 2007). An obviousness “analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take Appeal 2011-010916 Application 11/245,231 14 account of the inferences and creative steps that a person of ordinary skill in the art would employ.” KSR Int'l v. Teleflex Inc., 550 U.S. at 418. The discovery of an optimum value of a results-effective variable in a known process is normally obvious. In re Aller, 220 F.2d 454, 456 (CCPA 1955). In the instant case before us, discovery of the optimum placement of two screens on a folding mobile phone using side-by-side screens (external to a folder) for providing wide-screen viewing by a user would have been obvious to a person of ordinary skill in the art. We are not persuaded that choosing screen placement in a folding mobile phone for visibility was “uniquely challenging or difficult for one of ordinary skill in the art” at the time of Appellants’ invention (see Leapfrog Enters., Inc. v. Fisher-Price, Inc., 485 F.3d at 1162 (Fed. Cir. 2007) (citing KSR, 550 U.S. at 418)). Appellants’ arguments to the contrary (App. Br. 8-12; Reply Br. 1-3) do not convince us otherwise. We agree with the Examiner (Ans. 6 and 13) that the particular placement of Yoshihara’s screen D1 to make it completely viewable is well within the skill of the ordinary artisan and would have been an obvious design choice. The concept of screen visibility using multiple screens is not a new one, and Appellants do not dispute this fact by way of showing unexpected results, commercial success, or other secondary considerations and/or evidence of record. The re-arrangement of known elements such that the dual screens used in a folding-type dual outer LCD display device to increase viewing area to a user does not provide any novel or unexpected results. A design choice may be an acceptable rationale for an obviousness rejection when a claimed product merely arranges known elements in a configuration that Appeal 2011-010916 Application 11/245,231 15 provides no novel or unexpected results. See e.g., In re Kuhle, 526 F.2d 553, 555 (CCPA 1975) (“the particular placement of the contact provides no novel or unexpected results. The manner in which electrical contact is made for Smith’s battery would be an obvious matter of design choice within the skill of the art.”). Appellants’ arguments to the contrary (App. Br. 8-12; Reply Br. 1-3) have not persuaded us of error in this reasoning, and are found to be conclusory and without evidentiary support found in the record before us on appeal. Summary Claims 1, 3, 4, 6, and 7 In view of the foregoing, Appellants have not sufficiently shown that the Examiner erred in rejecting representative claim 1 under 35 U.S.C. § 103(a) over Yoshihara and Choi. Accordingly, we sustain the Examiner’s obviousness rejection of representative claim 1 based upon the combined teachings and suggestions of Yoshihara and Choi, as well as claims 3, 4, 6, and 7 grouped with claim 1. Claim 2 Appellants’ arguments (App. Br. 10) that nothing in Yoshihara, Choi, or Virnich provides any reason for the design choice relied upon by the Examiner, and doing so would require a new hinge mechanism, are not persuasive. The Examiner has relied upon Yoshihara (Ans. 4 and 7 citing Yoshihara’s unit H in Fig. 1) as teaching the recited hinge, as well as finding that Choi additionally teaches or suggests a hinge (Ans. 8), as does Virnich (Ans. 10). We are not persuaded that modifying the combination of Yoshihara and Choi (as modified by design choice as to screen placement) Appeal 2011-010916 Application 11/245,231 16 with Virnich would require a new hinge mechanism, since the hinge of Yoshihara provides both rotation and hinging movement in multiple directions (Ans. 13), and the Examiner has not expressly relied on the hinges of Choi and/or Virnich as meeting the claim limitations of claims 1 and 2. Instead, the Examiner has merely cited additional support for making the combinations, namely that all of the applied references pertain to the art of mobile devices having multiple screens on a hinged and folding housing. For similar reasons as provided above with respect to claim 1, and because the Examiner relies upon the base combination of Yoshihara and Choi (and not Virnich) as teaching the features of claim 1 (including the “hinge unit” that “rotatably connect[s] the folder to the body housing” as recited in claim 1) from which claim 2 depends, we sustain the Examiner’s obviousness rejection of claim 2. CONCLUSION The Examiner has not erred in rejecting claims 1, 3, 4, 6, and 7 as being obvious because (a) Yoshihara and Choi are properly combinable, and (b) the base combination of Yoshihara and Choi, when combined with the knowledge of a person having ordinary skill in the art of folder-type, dual screen display devices at the time of Appellants’ invention, fails to teach or suggest the “wherein” limitation [B] at issue in representative claim 1 in order to maximize viewing area of both screens to a user. DECISION The Examiner’s rejections of claims 1-4, 6, and 7 are affirmed. Appeal 2011-010916 Application 11/245,231 17 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED rwk Copy with citationCopy as parenthetical citation