Kony, Inc.

Patent Trials and Appeals Board

Oct 6, 2020

14506112 - (D) (P.T.A.B. Oct. 6, 2020)

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.
14/506,112 10/03/2014 Edward GROSS 6209-40011 7488
25570 7590 10/06/2020
Roberts Calderon Safran & Cole, P.C.
7918 Jones Branch Drive
Suite 500
McLean, VA 22102
EXAMINER
ST LEGER, GEOFFREY R
ART UNIT PAPER NUMBER
2192
NOTIFICATION DATE DELIVERY MODE
10/06/2020 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):
docketing@rcsc-ip.com
lgallaugher@rcsc-ip.com
secretaries@rcsc-ip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte EDWARD GROSS, DESTRY GUSTIN,
KOMANDUR RAJENDRA KUMAR, PATTABHI RAMA RAO DASARI,
MATTHEW B. TREVATHAN, PRAJAKT DESHPANDE,
RAJ K. KONERU, and SATHYANARAYANA VENNAPUSALA
____________

Appeal 2019-003797
Application 14/506,112
Technology Center 2100
____________

Before JOHN A. JEFFERY, JOHNNY A. KUMAR, and BETH Z. SHAW,
Administrative Patent Judges.

JEFFERY, Administrative Patent Judge.

DECISION ON APPEAL
Under 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s
decision to reject claims 1–6, 9–15, 17, and 20–25. Claims 7, 8, 16, 18, and
19 were cancelled. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.

1 We use the word “Appellant” to refer to “applicant” as defined in 37
C.F.R. § 1.42. Appellant identifies the real party in interest as Kony, Inc.
Appeal Br. 2.
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STATEMENT OF THE CASE
Appellant’s invention is a cross-platform prototyping tool that enables
collaboratively designing and developing a single mobile application for
multiple platforms with different operating systems. See generally Spec.
¶¶ 10–14. Claim 1 is illustrative:
1. A method of prototyping an application with a computing device,
comprising:
providing a library of pre-defined native design elements which are
reproducible in different design layouts on an interface associated with
different, predefined platforms; and
providing selecting fields enabling a user to convert, in real time
without recompiling any design code, a first design layout comprising one or
more native design elements which fits within an interface associated with a
first platform of the different, predefined platforms to a second design layout
comprising the one or more native design elements which fits within an
interface associated with a second platform of the different, predefined
platforms, the second platform having a different operating system than an
operating system of the first platform, and which is in proportion to the first
design layout by using the pre-defined native design elements for the second
platform in the library,
wherein the converting comprises automatically reformatting the one
or more design elements to fit within a virtual interface associated with the
second platform without the need to reformat or rewrite any code.

THE REJECTIONS
The Examiner rejected claims 1–6, 12, 13, 21, and 25 under 35 U.S.C.
§ 103 as unpatentable over Mukkamala (US 2011/0154287 Al; published
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June 23, 2011) and Seven (US 2013/0205277 Al; published Aug. 8, 2013).
Ans. 3–10.2
The Examiner rejected claims 9–11, 14, 15, 17, 20, and 24 under
35 U.S.C. § 103 as unpatentable over Mukkamala, Seven, and Hsu (US
8,938,679 Bl; issued Jan. 20, 2015). Ans. 10–22.
The Examiner rejected claim 22 under 35 U.S.C. § 103 as
unpatentable over Mukkamala, Seven, Lappas (US 8,046,694 Bl; issued Oct.
25, 2011), and Johnson (US 2015/0346982 Al; published Dec. 3, 2015).
Ans. 22–24.
The Examiner rejected claim 23 under 35 U.S.C. § 103 as
unpatentable over Mukkamala, Seven, Hsu, Lappas, and Johnson. Ans. 25–
26.

THE OBVIOUSNESS REJECTION OVER MUKKAMALA AND SEVEN
The Examiner finds that Mukkamala prototypes applications by
enabling a user to convert a design layout that fits within an interface
associated with a first platform to a design layout that fits within an interface
associated with second platform having a different operating system, where
the conversion automatically reformats the layout’s design elements to fit
within the second platform’s virtual interface without needing to reformat or
rewrite any code. Ans. 3–5, 27–30, 34–35, 37. Although the Examiner
acknowledges that Mukkamala does not enable this conversion in real time
without recompiling design code and provide selecting fields in connection

2 Throughout this opinion, we refer to (1) Appeal Brief filed October 22,
2018 (“Appeal Br.”); (2) the Examiner’s Answer mailed February 11, 2019
(“Ans.”); and (3) the Reply Brief filed April 11, 2019 (“Reply Br.”).
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with this conversion, the Examiner cites Seven for teaching this feature in
concluding that the claim would have been obvious. Ans. 5–6, 30–34, 36,
41.
Appellant argues that the cited prior art fails to disclose (1) the recited
library of pre-defined native design elements that are reproducible in
different platform interface layouts, and (2) converting a first platform’s
layout to a layout in a second platform with a different operating system
without needing to recompile any design code as claimed. Appeal Br. 4–10;
Reply Br. 2–12. Appellant adds that Mukkamala does not automatically
reformat the design elements to fit in the second platform’s interface without
needing to reformat or rewrite any code as claimed, but rather requires the
developer to do so. Appeal Br. 12–13; Reply Br. 6–8. Appellant argues
other recited limitations summarized below.

ISSUES
Under § 103, has the Examiner erred by finding that Mukkamala and
Seven collectively would have taught or suggested:
(1)(a) providing a library of pre-defined native design elements that
are reproducible in different platform interface layouts; and (b) providing
selecting fields enabling a user to convert a first design layout that fits within
an interface associated with a first platform to a second design layout that
fits within an interface associated with second platform having a different
operating system, where the conversion automatically reformats the layout’s
design elements to fit within the second platform’s virtual interface without
needing to reformat or rewrite any code as recited in claim 1?
(2) the limitations recited in claim 25?
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ANALYSIS
Claims 1–6, 12, 13, and 21
On this record, we see no error in the Examiner’s reliance on
Mukkamala and Seven for collectively teaching or suggesting the elements
recited in claim 1. First, we see no error in the Examiner’s finding that
Mukkamala at least suggests providing a library, namely a screen design
palette, of pre-defined native design elements, namely controls, that are
reproducible in different platforms’ interface layouts consistent with the
Examiner’s mapping. See Ans. 3.
Mukkamala’s Figure 3 shows the process for designing and
generating a mobile device application. As shown in that figure, not only
can a mobile application screen be selected from a palette of pre-defined
screens in step 306, but a screen design palette can also be used to add
controls to the screen in step 312. See Mukkamala ¶¶ 44, 47. As the
Examiner explains, these control-based elements are pre-defined because
they already exist in the palette for transfer to the application screens. Ans.
27. So even assuming, without deciding, that native design elements must
be stored in the recited library as Appellant contends (Appeal Br. 6; Reply
Br. 10), Mukkamala at least suggests as much given the palette of such
elements from which the designer can select in designing an application.
See Mukkamala ¶¶ 44, 47.
Nor are we persuaded of error in the Examiner’s reliance on
Mukkamala for at least suggesting enabling a user to convert a first design
layout that fits within a first platform’s interface to a second design layout
that fits within a second platform’s interface associated with a different
operating system. Ans. 3–5, 27–30, 34–35, 37. As shown in the exemplary
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platform-specific views of user interface controls in Mukkamala’s Figure 6,
the four radio buttons are shown as a vertical list in the BLACKBERRY
device 610, but are depicted as a horizontal array of contiguous rectangular
boxes on the IPHONE device 612 as the Examiner indicates. See Ans. 28,
37.
This conversion of the BLACKBERRY layout with its respective
native design elements, namely the vertically-spaced radio button controls,
to the IPHONE layout with its respective native design elements, namely the
horizontal array of contiguous rectangular boxes, in Mukkamala’s Figure 6
is made possible by the developer merely selecting a different device or
platform. See Mukkamala ¶ 68. Notably, this selection enables the
developer to change the view dynamically without having to first execute the
application on a simulator. See id.
Although Mukkamala does not state explicitly that this “dynamic”
change is made automatically, Mukkamala at least suggests as much, or that
such an automatic change would have been at least an obvious variation,
particularly given the functionality of the application designer associated
with the developer’s selection. See Mukkamala ¶ 68. That this selection
enables the developer to change the view dynamically without having to first
execute the application on a simulator only underscores Mukkamala’s
suggestion that at least some of the functionality associated with this change
is automatic or at least an obvious variation. See id.
We reach this conclusion despite the developer’s involvement in this
dynamic view change, for the recited term “automatically reformatting” does
not preclude at least some manual steps, so long as other steps are automatic.
See CollegeNet, Inc. v. ApplyYourself, Inc., 418 F.3d 1225, 1235 (Fed. Cir.
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2005). Moreover, merely replacing manual activity with automatic means to
accomplish the same result is an obvious improvement. See In re Venner,
262 F.2d 91, 95 (CCPA 1958). Nor has Appellant shown that performing
the recited reformatting functions automatically in lieu of at least some
manual interaction would have been uniquely challenging or otherwise
beyond the level of ordinarily skilled artisans. See Leapfrog Enters., Inc. v.
Fisher-Price, Inc., 485 F.3d 1157, 1161–62 (Fed. Cir. 2007) (“Applying
modern electronics to older mechanical devices has been commonplace in
recent years.”).
Appellant’s contention, then, that the developer’s dynamically
changing the view in Mukkamala’s paragraph 68 is ostensibly a manual—
not automatic—operation that requires the developer to reformat or rewrite
code (Appeal Br. 10–11; Reply Br. 6–8, 13–14) is not only speculative and
unsubstantiated on this record, the recited automatic reformatting does not
preclude at least some manual steps as noted above. Moreover, given
Mukkamala’s code listing in paragraph 68 that renders the radio buttons in
the BLACKBERRY device in Figure 6, ordinarily skilled artisans would
understand that there would also be existing code that renders the
commensurate functionality associated with horizontal array of contiguous
rectangular boxes for the IPHONE device in that figure. By selecting either
of these platforms, ordinarily skilled artisans would understand from
Mukkamala’s layout conversion functionality that the code rendering the
respective control-based design elements would not be reformatted or
rewritten, but merely selected consistent with the developer’s selection. See
Mukkamala ¶ 68; Fig. 6. Accord Ans. 5, 35 (noting that because the
developer can dynamically change (i.e., automatically reformat) the view of
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the user interface control by selecting a different device or platform,
reformatting or rewriting code is unnecessary).
To be sure, Mukkamala does not state explicitly that this layout
conversion occurs in real time without recompiling any design code or that
selecting fields are provided to enable this conversion. Nevertheless, we see
no error in the Examiner’s reliance on Seven for teaching these features in
concluding that the claim would have been obvious. See Ans. 5–6, 30–34,
36, 41.
First, Appellant does not persuasively rebut the Examiner’s mapping
the functionality associated with Seven’s device selection control 562c in
Figures 5D and 5E to the recited selecting fields, particularly given the
associated dialog box presented to the user and its associated fields upon
selecting this control. See Ans. 5, 36, 38–39 (noting that selections made via
this selection-control-based dialog box would be represented by a field).
Nor does Appellant persuasively rebut the Examiner’s reliance on the
functionality associated with Seven’s smart phone and personal digital
assistant (PDA) simulations in Figures 5D and 5E for at least suggesting
enabling a user to convert layouts for different platforms in real time without
recompiling any design code as claimed. See Ans. 5–6, 30–34, 36, 41. We
reach this conclusion noting, as does the Examiner, that Seven’s conversion
functionality is based on rendering non-compiled presentation files that,
according to paragraph 34, can be in (1) mark-up languages such as
HyperText Markup Language (HTML); (2) interpreted languages such as
JavaScript; and (3) style sheet languages such as Cascading Style Sheets
(CSS). That these presentation files are interpreted as emphasized above
only bolsters the Examiner’s finding that Seven’s presentation files are
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interpreted—not compiled—for rendering within a selected device
simulation. See Ans. 34.
To be sure, Seven’s conversion occurs without compiling any design
code as the Examiner indicates, despite the claim reciting that conversion
occurs without recompiling. See Ans. 5 (noting that Seven allows
converting a first arrangement of controls 558 in smart phone display area
555 to a different arrangement without compiling associated presentation
files). Nevertheless, if conversion occurs without compiling, it also occurs
without recompiling. Accord Ans. 41. That is, recompiling requires
compiling code in the first instance so that it can be compiled again or
recompiled. Accord Reply Br. 11 (noting this point). But code that is not
compiled is, by its very nature, not recompiled because it was not compiled
in the first place. Therefore, because Seven’s layout conversion occurs
without compiling, it also occurs without recompiling. Appellant’s
arguments to the contrary (Appeal Br. 6–7, 9, 11; Reply Br. 11) are
unavailing and not commensurate with the scope of the claim. Moreover,
because Seven interprets code, such as JavaScript, to effect this conversion
as noted in paragraph 34, Seven at least suggests a real-time conversion.
Accord Ans. 5–6, 34, 41 (noting that ordinarily skilled artisans would
understand that an interpreter’s operations differ from those of a compiler).
Therefore, we are not persuaded that the Examiner erred in rejecting
claim 1, and claims 2–6, 12, 13, and 21 not argued separately with
particularity.

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Claim 25
We also sustain the Examiner’s rejection of claim 25 reciting, in
pertinent part, a processor executes program instructions to allow the
designer to revise or modify the design layout based on the comments
without the need to recode any design layout by dropping and dragging the
native design elements from the library to the design layout.
As a preliminary matter, we note a key inconsistency in the claim.
Claim 25 depends from method claim 21 that depends from method claim 1.
Claim 25, however, further limits “[t]he computer system of claim 21”
despite claim 21 being a method claim—a different category of statutory
subject matter. See 35 U.S.C. § 101. Nor is there antecedent basis for “the
program instructions,” “the designer,” or “the comments” in claim 25 or in
claims 1 and 21 from which claim 25 depends. Although claim 25 was not
rejected under § 112 as indefinite despite these defects, we nonetheless leave
this issue to the Examiner to consider should prosecution continue after this
decision.
Turning to the rejection, the Examiner finds that Mukkamala’s
paragraphs 46, 47, and 68 teach a processor executing program instructions
without the need to recode any of the design layout by dropping and
dragging native design elements from the library to the design layout. Ans.
9–10.
Appellant does not persuasively rebut these findings, let alone the
Examiner’s construing the phrase “to allow the designer to make revisions or
modifications to the design layout based on the comments” as merely an
intended use of the recited processor execution and, therefore, does not
further limit that execution. Ans. 10. Rather, Appellant merely cites the
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Specification’s paragraphs 58 and 59, and alleges that the “highly
convenient” arrangement for communicating between a client and designer
without needing to recode any of the design layout in claim 25 is lacking
from the cited prior art. Appeal Br. 16.
This contention is unpersuasive, for not only does Appellant fail to
address—let alone persuasively rebut—Mukkamala’s particular passages
cited by the Examiner for teaching this feature, Appellant does not explain
why the Examiner’s findings are erroneous apart from mere conclusory
statements. Accord Ans. 48 (noting this point).
Although Appellants argue for the first time on pages 21 and 22 of the
Reply Brief regarding Hsu’s alleged shortcomings in connection with the
rejection of claim 25, such arguments were not raised in the Appeal Brief
and are, therefore, waived as untimely. See 37 C.F.R. § 41.41(b)(2) (2018).
Nor has good cause been shown to raise these new arguments in the first
instance in the Reply Brief.
Nevertheless, even if these belated arguments regarding Hsu’s alleged
shortcomings in connection with the rejection of claim 25 were timely
presented—which they were not—Appellant’s arguments are not germane to
the Examiner’s rejection that does not rely on Hsu, but rather only
Mukkamala and Seven. See Ans. 3, 9–10. Nor do these untimely arguments
squarely address—let alone persuasively rebut—the Examiner’s construing
the phrase “to allow the designer to make revisions or modifications to the
design layout based on the comments” as merely an intended use of the
recited processor execution as noted above. See Ans. 10.
Therefore, we are not persuaded that the Examiner erred in rejecting
claim 25.
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THE REJECTION OVER MUKKAMALA, SEVEN, AND HSU
Claims 14, 15, and 17
We also sustain the Examiner’s rejection of independent claim 14
reciting, in pertinent part, (1) providing selecting fields enabling a user to
switch between different platforms having different operating systems from
one another to visualize the design layout with native design elements in the
different platforms in real time without recompiling any design code; (2)
transferring the design layout with the native design elements to the second
computing device to render the native design elements natively as a
functional prototype application in its interface; (3)(a) tagging comments to
native design elements, and (b) collaboratively sharing the tagged comments
associated with the native design elements to different computing devices
including a native platform; (4) transferring the tagged comments in real
time between the native platform and second computing device using a
server to tag the tagged comments to the native design elements on the
native platform on the second computing device, where changes can be
made to the functional prototype application on the second computing
device based on the tagged comments without the need to recode the native
design elements.
Regarding elements (1) and (2) above, we see no error in the
Examiner’s reliance on Mukkamala and Seven for collectively teaching
those features for the reasons previously discussed. See Ans. 13–15.
Nor do we see error in the Examiner’s reliance on Hsu for at least
suggesting (1) tagging comments to native design elements; (2)
collaboratively sharing the tagged comments associated with the native
design elements to different computing devices including a native platform;
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and (3) transferring the tagged comments in real time between the native
platform and second computing device using a server to tag the tagged
comments to the native design elements on the second computing device’s
native platform. Ans. 15–17, 42–48.
As explained in the Abstract, Hsu’s system enables collaboration on
specifying an interactive graphical design including, among other things, a
note interface that displays a note field for accepting a user’s text string.
Hsu’s system also includes a discussion interface that not only displays the
user’s text string as a note, but also accepts comments from a second user
regarding the note. Hsu Abstract.
As shown in the design environment 200 in Hsu’s Figure 2a, a user
can add not only add widgets, such as buttons, text fields, display windows,
etc., to design 201 by dragging and dropping widgets into the design
interface 202, but also link widgets to a text-based note 208. Hsu col. 3, l.
58 – col. 5, l. 10. Moreover, additional notes can be added via field 209.
Hsu col. 5, ll. 11–16.
As shown in Hsu’s Figure 2b, the design is rendered in design player
210 that includes (1) link 216 between note 213 and text field 205; and (2)
discussion interface 212 that not only allows viewers of the design to add
notes to discuss the design, but also includes live chat interface 214 that
allows multiple viewers to discuss the design. Hsu col. 6, ll. 61–65; col. 9,
ll. 39–67.
This note-linking and discussion functionality at least suggests (1)
tagging comments to native design elements, namely widgets, and (2)
collaboratively sharing the tagged comments to different computing devices,
namely those used by the viewers of the design, for discussion.
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Hsu’s functionality also at least suggests transferring the tagged
comments between a native platform and a second computing device using a
server to tag the tagged comments to the native design elements on the
second computing device’s native platform. That viewers can access the
design via user interface system 405 on their respective work stations or
computing devices as the Examiner indicates (Ans. 43–44) at least suggests
that tagged comments are transferred between these devices’ platforms, and
that a server, such as processing system 401, is used to achieve this end. See
Ans. 43–44 (citing Hsu col. 6, ll. 61–65; col. 7, ll. 7–13, 32–35; col. 13, ll.
42–43, 53–58; Fig. 4).
Notably, notes can appear in real time in Hsu’s design environment
and player to allow viewers and users to modify and comment on the design
simultaneously as one stakeholder operates the design tool, while the other
views the design in the player. Hsu col. 11, ll. 7–13. Moreover,
stakeholders can receive instant messages regarding changes as they occur.
Hsu col. 12, ll. 32–34.
This real-time functionality at least suggests transferring tagged
comments in real time between devices’ platforms for simultaneous viewing
and collaboration as changes occur. Appellant’s contention that Hsu’s
emailed comments are not in real time (Appeal Br. 15) is unavailing, for this
argument is not germane to Hsu’s real-time comment functionality noted
above. Moreover, Hsu’s functionality also enables changing the design on
the second computing device based on the tagged comments by, among
other things, adding widgets by dragging and dropping them into the design
interface as noted in column 3, lines 58 to 67—changes that do not require
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recoding these native design elements as the Examiner indicates. See Ans.
16, 44–45.
To be sure, Hsu does not state explicitly that the computing devices’
platforms have different operating systems as claimed. But the Examiner’s
rejection is not based solely on Hsu, but rather the collective teachings of
Mukkamala, Seven, and Hsu. That is, the Examiner relies on Mukkamala
and Seven for teaching the first three clauses of claim 14, including (1)
providing selecting fields enabling a user to switch between different
predefined platforms with different operating systems in real time without
recompiling any design code, and (2) transferring the design layout to the
second computing device to render the native design elements as claimed.
See Ans. 13–15. The Examiner cites Hsu, however, merely to show that the
recited comment tagging, sharing, and transfer limitations in claim 14 are at
least suggested by Hsu in concluding that the claim would have been
obvious over the cited references’ collective teachings. See id. Therefore,
Appellants’ arguments regarding Hsu’s individual shortcomings regarding
transferring the design layout between the platforms’ different operating
systems (Appeal Br. 11–15; Reply Br. 17–19) do not show nonobviousness
where, as here, the rejection is based on the cited references’ collective
teachings. See In re Merck & Co., 800 F.2d 1091, 1097 (Fed. Cir. 1986).
Therefore, we are not persuaded that the Examiner erred in rejecting
claim 14, and claims 15 and 17 not argued separately with particularity.

Claim 20
We also sustain the Examiner’s rejection of independent claim 20.
Ans. 18–21, 49–53. First, despite Appellant’s arguments to the contrary
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(Appeal Br. 17–20), we are unpersuaded of error in the Examiner’s reliance
on the collective teachings of Mukkamala, Seven, and Hsu for at least
suggesting the disputed limitations of claim 20, including those limitations
commensurate with those recited in independent claims 1 and 14, for the
reasons discussed previously.3 Moreover, Appellant’s contention that Hsu
fails to teach or suggest “transferring the tagged comments in real-time
between the native platform and the second computing device using the
server to tag the tech comments to the native design elements” (Appeal Br.
18) is unavailing, for claim 20 recites no such limitation. Accord Ans. 50
(noting this discrepancy). Nevertheless, we are unpersuaded in the
Examiner’s reliance on Hsu for teaching the recited comment-based
limitations, particularly when considered in light of Mukkamala and Seven
for the reasons previously discussed.
We are also unpersuaded of error in the Examiner’s reliance on Hsu
for at least suggesting that when a third party user selects comments made by
the user regarding the specific native design elements, after the comments
are shared, the third party user will automatically be brought to the specific
native design elements which the comments pertain to. Ans. 21, 52 (citing
Hsu col. 9, ll. 39–41, 54–65; Fig. 2b).
Our emphasis on the term “when” underscores that the limitation
specifies a condition under which the recited automatic functionality occurs,
namely when a third party user selects the comments. Although conditional

3 We note in passing that no antecedent basis exists for “the tagged
comments” in claim 20. We nevertheless leave the question of whether this
defect renders the claim indefinite to the Examiner to consider should
prosecution continue after this decision.
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limitations need not be satisfied to meet method claims, that is not the case
here, where the claim recites an apparatus whose structure performs a
function that occurs only if a condition is satisfied. See Ex parte
Schulhauser, No. 2013-007847, 2016 WL 6277792 (PTAB Apr. 28, 2016)
(precedential); see also MANUAL OF PATENT EXAMINING PROCEDURE
(MPEP) § 2111.04(II) (9th ed. Rev. 10.2019, June 2020) (citing
Schulhauser).4 That is, for apparatus claims, the claim still requires
structure for performing the function should the condition occur.
Nevertheless, Hsu at least suggests the recited functionality that
automatically brings the user to the specific native design elements to which
the comments pertain (1) when the user selects the comments, and (2) after
the comments are shared. As Hsu explains, a visual indicator, such as a
highlighted outline around a note, indicates that the widget to which the note
applies is not displayed in the rendered design. Hsu col. 9, ll. 60–63. But in
these instances, a hyperlink can be automatically added to the note that links
to a rendering in which the widget appears. Hsu col. 9, ll. 63–65.
The import of this discussion is that when the user selects hyperlinks
in the shared notes or comments, the user will be automatically be brought to
the specific native design elements or widgets to which the comments
pertain. Although some manual operation is required to effect this
functionality, namely selecting the hyperlink, this hyperlinking functionality
nevertheless automatically brings the user to the associated widget or native
design element by merely clicking the hyperlink.

4 Although the limitations at issue in Schulhauser were rendered conditional
by reciting the term “if,” we discern no meaningful distinction between the
recitation of “if” and “when” in this context.
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Furthermore, bringing the user to the specific native design elements
automatically as claimed does not preclude at least some manual steps, so
long as other steps are automatic. See CollegeNet, 418 F.3d at 1235.
Moreover, merely replacing manual activity with automatic means to
accomplish the same result is an obvious improvement. See Venner, 262
F.2d at 95. Nor has Appellant shown that performing the recited
functionality automatically in lieu of at least some manual interaction would
have been uniquely challenging or otherwise beyond the level of ordinarily
skilled artisans. See Leapfrog, 485 F.3d at 1161–62 (“Applying modern
electronics to older mechanical devices has been commonplace in recent
years.”).
Appellant’s contention that Hsu does not teach or suggest the recited
automatic functionality because additional action is required by the third
party user (Reply Br. 26–27) is unavailing and not commensurate with the
scope of the claim, which does not preclude at least some manual activity.
On this record, Hsu at least suggests the recited automatic functionality.
Therefore, we are not persuaded that the Examiner erred in rejecting
claim 20.

Claims 9–11 and 24
We also sustain the Examiner’s rejection of claim 24 reciting that the
tagged comments are made by a first user, and when a designer or second
user selects the tagged comments made by the first user regarding the
particular design element after the comments are transferred, the designer or
second user will automatically be brought to the particular design element to
which the tagged comments pertain. See Ans. 22, 52–54. For the reasons
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indicated previously with respect to claim 20 that recites commensurate
limitations, and despite Appellant’s arguments to the contrary (Appeal Br.
21), we are unpersuaded of error in the Examiner’s rejection of claim 24,
and claims 9–11 not argued separately with particularity.

THE REJECTION OVER MUKKAMALA, SEVEN, LAPPAS, AND
JOHNSON

We also sustain the Examiner’s rejection of claim 22 over
Mukkamala, Seven, Lappas, and Johnson. Ans. 22–24, 54. Claim 22 recites
that the selecting fields include (1) a first scrollable selecting field to select
among different operating systems, and (2) a second scrollable selecting
field to select among different device types with different resolutions.
We find unavailing Appellant’s contention that the scrollable fields
305a and 305b in Figure 3 of the present application permit a finer degree of
control that is possible with Seven’s device selection control 562c, and that
neither Lappas nor Johnson cure Mukkamala’s and Seven’s previously-
noted deficiencies. See Appeal Br. 22. Notably, Appellant’s contentions in
the Appeal Brief do not squarely address—let alone persuasively rebut—the
Examiner’s reliance on (1) Lappas’s “OS” field 415 in Figure 5, and (2)
Johnson’s alternate device selection drop-down list in paragraph 67 and
Figure 12 for teaching scrollable fields for selecting among different
operating systems and device types, respectively, and that providing such
fields in the Mukkamala/Seven system would have been at least an obvious
variation. See Ans. 23–24.
Although Appellant contends for the first time on pages 27 and 28 of
the Reply Brief that using drop-down menus to select operating systems or
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target platforms in Lappas and Johnson, respectively, does not teach or
suggest the recited selecting fields’ role when considered in conjunction
with the elements recited in claims 1 and 14, this argument was not raised in
the Appeal Brief and is, therefore, waived as untimely. See 37 C.F.R.
§ 41.41(b)(2). Nor has good cause been shown to raise this new argument in
the first instance in the Reply Brief.
Nevertheless, even if this belated argument regarding Lappas’s and
Johnson’s alleged shortcomings in connection with the rejection of claim 22
was timely presented—which it was not—providing dedicated scrollable
selecting fields to select among different operating systems and device types,
respectively, as the Examiner proposes uses prior art elements predictably
according to their established functions—an obvious improvement. See KSR
Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 417 (2007). To the extent that
Appellant contends that Lappas’s and Johnson’s drop-down selection lists
are somehow not scrollable selecting fields (see Appeal Br. 22; Reply Br.
27–28), such arguments are unavailing and not commensurate with the scope
of the claim.
Therefore, we are not persuaded that the Examiner erred in rejecting
claim 22.

THE REJECTION OVER MUKKAMALA, SEVEN, HSU, LAPPAS, AND
JOHNSON

We also sustain the Examiner’s obviousness rejection of claim 23
over Mukkamala, Seven, Hsu, Lappas, and Johnson. Ans. 25–26. Because
this rejection is not argued separately with particularity, we are not
persuaded of error in this rejection for the reasons previously discussed.
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21

CONCLUSION
In summary:
Claims
Rejected
35 U.S.C.
§
Reference(s)/
Basis
Affirmed Reversed
1–6, 12,
13, 21, 25
103 Mukkamala,
Seven
1–6, 12,
13, 21, 25

9–11, 14,
15, 17,
20, 24
103 Mukkamala,
Seven, Hsu
9–11, 14,
15, 17, 20,
24

22 103 Mukkamala,
Seven,
Lappas,
Johnson
22
23 103 Mukkamala,
Seven, Hsu
Lappas,
Johnson
23
Overall
Outcome
1–6, 9–15,
17, 20–25

TIME PERIOD FOR RESPONSE
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).

AFFIRMED