Ex Parte LI

Patent Trial and Appeal Board

Jul 8, 2016

12787763 (P.T.A.B. Jul. 8, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
121787,763 05/26/2010
73743 7590 07112/2016
NIXON PEABODY LLP
Intellectual Property Group - Patent
70 West Madison Street
Suite 3500
Chicago, IL 60602-4224
FIRST NAMED INVENTOR
Dong Ge Li
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.
295807-007008 5255
EXAMINER
SHAPIRO, LEONID
ART UNIT PAPER NUMBER
2625
NOTIFICATION DATE DELIVERY MODE
07/12/2016 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):
jafuchs@nixonpeabody.com
drdurham@nixonpeabody.com
ipdocket@nixonpeabody.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte DONG GE LI
Appeal2014-008820
Application 12/787,763
Technology Center 2600
Before MICHAEL J. STRAUSS, NATHAN A. ENGELS, and
NORMAN H. BEAMER, Administrative Patent Judges.
ENGELS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the Examiner's
Final Rejection of claims 1-53, 55---65, 67, and 68. Claims 54 and 66 are
canceled. We have jurisdiction under 35 U.S.C. § 6(b ).
We reverse.
Appeal2014-008820
Application 12/787,763
ILLUSTRATIVE CLAIM
Claims 1 and 35 are independent claims. Claim 1, reproduced below
with disputed limitations italicized (see Br. 18), is illustrative of the claimed
subject matter:
1. A method of determining virtual input at a data entry
device having an input region, an input module and a processor,
the method comprising:
associating at least two input symbols or functions with
the input region;
defining a set of unique input objects with each unique
input object having a defining feature that differentiates it from
the other unique input objects in the set;
assigning each of the input symbols or each of the
functions to one of the unique input objects;
performing with the input module remote data acquisition
of the input region of the data entry device to obtain data;
processing the data with the processor to:
a. determine which input region has been actuated;
b. determine which one of the unique input objects actuated
the input region; and
c. determine the input symbol or the function associated with
the unique input object; and
outputting the symbol or performing the function on an output
device.
THE EXAMINER'S REJECTIONS
Claims 1--4, 6, 8, 13, 16, 20, 21, 23-26, 30, 35-38, 40, 42, 47, 50, 55,
57-60, and 64 stand rejected under 35 U.S.C. 102(b) as being anticipated by
Tsubai (US 6,348,878 Bl; Feb. 19, 2002). Claims 5, 7, 9-12, 14--15, 17-19,
22,27-29,31-34,39,41,43--46,48,49,51-53,56,61---63,65,67,and68
stand rejected under 35 U.S.C. § 103(a) as being unpatentable in view of
Tsubai in combination with various of Niwa (US 2004/0242988 Al; Dec. 2,
2004), Bisset (US 5,825,352; Oct. 20, 1998), Westerman (US 2002/0015024
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Appeal2014-008820
Application 12/787,763
Al; Feb. 7, 2002), Tomasi (US 2002/0021287 Al; Feb. 21, 2002), and
Hasegawa (US 6,208,330 B 1; Mar. 27, 2001 ).
ANALYSIS
Appellant's invention relates to methods and apparatus for electronic
data entry that include "identification of an input object such as the
particular fingers of a user that are used to actuate a key region" and
determination of a particular symbol or function associated with the actuated
key region and the finger used for the actuation as required by independent
claim 1 and similarly recited in independent claim 35. See Spec. 68
(Abstract). Appellant argues the Examiner erred in finding Tsubai
anticipates claims 1 and 35 because Tsubai fails to disclose assigning input
symbols or functions to unique input objects and determining which one of
the unique input objects actuated an input region. Br. 18. Appellant argues
Tsubai discloses a one-handed keyboard that "is not concerned with
determmmg what object activates the keys rather only which key or
combination of keys were pressed." Br. 17.
The Examiner finds Tsubai' s disclosures include finger assignments
to individual keys of Tsubai's one-handed keyboard. Final Act. 2-3 (citing
Tsubai Figs. 1, 2, col. 3, 1. 18---col. 4, 1. 28, col. 4, 11. 37--46); Ans. 3--4.
Tsubai's Figure 4 depicts a 15-key keypad and the "preferred right-handed
'home' orientation of the operator's fingers on the keypad." Tsubai col. 4,
11. 37--40. Tsubai explains that Figure 4 includes "arrows emanating from
each finger indicator [to] show the preferred finger movement[ s] to keys
away from the 'home' position," and "[t]he arrows depict the most natural
and efficient way of striking all 15 primary alphanumeric keys according to
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Appeal2014-008820
Application 12/787,763
hand ergonomic principals, including minimization of finger travel distance,
crossover and reach." Tsubai col. 4, 11. 41--46.
We agree with Appellant that Tsubai' s disclosures of "preferred"
finger orientations and movements do not disclose the disputed limitations.
Among other things, while Tsubai discloses natural and efficient finger
positions and movements, Tsubai does not determine which finger is
actually used to actuate a key. Stated differently, Tsubai's invention is
indifferent to the finger used to actuate a key and will return the same
character regardless of the finger used to actuate the key. See Tsubai col. 4,
11. 41--46.
Accordingly, we agree with the Appellant and do not sustain the
Examiner's rejections of claims 1 and 35. For the same reasons, we do not
sustain the Examiner's rejections of claims 2-34, each of which depends
from claim 1, nor the Examiner's rejections of claims 36-53, 55---65, 67, and
68, each of which depends from claim 35.
DECISION
We reverse the Examiner's rejections of claims 1-53, 55-65, 67, and
68.
REVERSED
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