Ex Parte LEE et al

Patent Trial and Appeal BoardSep 7, 2018

13975824 (P.T.A.B. Sep. 7, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/975,824 08/26/2013 68103 7590 09/11/2018 Jefferson IP Law, LLP 1130 Connecticut Ave., NW, Suite 420 Washington, DC 20036 FIRST NAMED INVENTOR ChihoonLEE 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 ATTORNEY DOCKET NO. CONFIRMATION NO. 0203-1138 9946 EXAMINER LEVEL, BARBARA M ART UNIT PAPER NUMBER 2144 NOTIFICATION DATE DELIVERY MODE 09/11/2018 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): usdocketing@jeffersonip.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte CHIHOON LEE, SANGHYUK KHO, TAEYEON KIM, JIHYE MYUNG, HYUNMI PARK and HYEMI LEE Appeal2018-002590 Application 13/975,824 1 Technology Center 2100 Before TERRENCE W. McMILLIN, KARA L. SZPONDOWSKI, and SCOTT B. HOWARD, Administrative Patent Judges. McMILLIN, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. Â§ 134(a) of the final rejection of claims 1-15. We have jurisdiction under 35 U.S.C. Â§ 6(b ). We AFFIRM. 1 According to Appellants, the real party in interest is Samsung Electronics Co., Ltd. App. Br. 2. Appeal2018-002590 Application 13/975,824 THE CLAIMED INVENTION The present invention relates generally to "a method for generating and displaying a user-customized page in a mobile device and a mobile device thereof," and more particularly to "a method for generating and displaying a user-customized page without participation of a user, and a mobile device thereof." Spec. ,r 2. Independent claims 1 and 8 are directed to methods; independent claim 10 is directed to a device; and independent claim 15 is directed to a non-transitory processor readable medium. App. Br. 8-10. Claim 1, reproduced below, is representative of the claimed subject matter: 1. A method for controlling a mobile device, the method compnsmg: displaying a screen while the mobile device is in an unlocked state and a stylus pen is disposed in an insertion hole of the mobile device, the insertion hole being configured to receive the stylus pen; while the screen is displayed, detecting at least partial removal of the stylus pen from the insertion hole; and in response to the at least partial removal of the stylus, displaying a page including a previously generated handwritten memo. REJECTIONS ON APPEAL Claims 1-15 stand rejected under 35 U.S.C. Â§ I03(a) as being unpatentable over Morohoshi et al. (US 2009/0160792 Al; published June 25, 2009) ("Morohoshi") and Nurmi (US 2006/0117197 Al; published June 1, 2006). Final Act. 5. 2 Appeal2018-002590 Application 13/975,824 ANALYSIS Claim 1 recites "displaying a screen while the mobile device is in an unlocked state ... while the screen is displayed, detecting at least partial removal of the stylus pen ... and in response to the at least partial removal of the stylus, displaying a page including a previously generated handwritten memo." Appellants contend Nurmi teaches displaying a memo input during the screen saver mode after releasing the screen saver mode and executing an additional operation, which displays the page "in response to switching to an active mode," but not "in response to removing the stylus." App. Br. 4. According to Appellants, the limitations in claim 1 are temporally linked and require the device to be "in an unlocked state," but Nurmi's teaching of displaying a memo after the screen saver mode is released does not teach the claimed detecting removal of the stylus pen that occurs while displaying a screen while the mobile device is in an unlocked state. App. Br. 5. Appellants also argue combining Nurmi's displaying a memo after unlocking the screen saver with Morohoshi' s moving icons on the display in response to removing the stylus (in its active state) would render Morohoshi unsuitable for its intended purpose of allowing the user to continue using the same application. App. Br. 6-7; Reply Br. 3--4. We are not persuaded of Examiner error. Appellants' argument against Nurmi separately from Morohoshi does not persuasively rebut the combination made by the Examiner. One cannot show non-obviousness by attacking references individually, where the rejections are based on 3 Appeal2018-002590 Application 13/975,824 combinations of references. In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986); In re Keller, 642 F.2d 413,425 (CCPA 1981). Specifically, we agree with the Examiner's finding that Morohoshi teaches detecting a removal of the stylus pen while the screen is displayed, and displaying a page in response to the detected removal of the stylus pen. Ans. 7. Meanwhile, Nurmi teaches that the displayed page (i.e., taught in Morohoshi) includes a previously generated handwritten memo. Ans. 8 ( citing Nurmi ,r,r 26, 3 8). According to the Examiner, the combination of Morohoshi and Nurmi enables input to be displayed when an active usage mode begins, after the screen saver mode, so a user can return to notes and further process them. Ans. 11. As cited by the Examiner (Ans. 7; Final Act 7), Morohoshi teaches "pen input device 18, which is removably attached to the casing 12" and "[ w ]hen the detecting portion detects removal of the pen input device 18, the icons 14 are moved to the second area 65." Morohoshi ,r 53. As further cited by the Examiner (Ans. 8; Final Act. 8-9), Nurmi teaches "input may then be displayed when the active usage mode beings and the user may then return to his/her notes and further process them." Nurmi ,r 3 8 ( emphasis added). The notes described in Nurmi are notes that the user can make "very quickly directly to the screen SC," and that "may be stored and further processed." Nurmi ,r 23. In other words, Morohoshi teaches detecting removal of a stylus pen while the screen is displayed and, in response to the detection of the removal of the stylus pen, displaying a screen (i.e., a display where the icons are moved to another area); and Nurmi teaches displaying a screen that includes a previously generated handwritten memo (i.e., a user's handwritten notes). 4 Appeal2018-002590 Application 13/975,824 Appellants have not rebutted the Examiner's finding that Nurmi teaches displaying a screen including a previously generated handwritten memo, as required by claim 1. Consequently, Appellants have not provided persuasive argument or evidence that the claimed displaying a page in response to removing a stylus pen while a screen is displayed while a mobile device is in an unlocked state is not taught or otherwise suggested by Morohoshi's displaying a page (i.e., with icons rearranged) in response to detecting the removal of a stylus pen while displaying a page (i.e., the icons are in a first configuration) in an unlocked state; and that the claimed displaying a page include a previously generated handwritten memo is not taught or otherwise suggested by Nurmi's displaying the user's handwritten notes. Accordingly, we sustain the 35 U.S.C. Â§ 103 rejection of independent claim 1, as well as the rejections of commensurate independent claims 8, 10, and 15, and dependent claims 2-7, 9, and 11-14, not separately argued. DECISION The Examiner's rejection of claims 1-15 under 35 U.S.C. Â§ 103 is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. Â§ 1.136(a)(l )(iv). AFFIRMED 5