14580033 (P.T.A.B. Feb. 13, 2019)

Ex Parte Shen

Patent Trial and Appeal BoardFeb 13, 2019

14580033 (P.T.A.B. Feb. 13, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/580,033 12/22/2014 126234 7590 02/15/2019 Morgan, Lewis & Bockius LLP (PA)(Facebook) 1400 Page Mill Road Palo Alto, CA 94304-1124 FIRST NAMED INVENTOR Shizhe Shen 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. 010235-01-5007-US 2357 EXAMINER GILES, NICHOLAS G ART UNIT PAPER NUMBER 2697 NOTIFICATION DATE DELIVERY MODE 02/15/2019 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): padocketingdepartment@morganlewis.com v ladimir. skliba@morganlewis.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte SHIZHE SHEN Appeal2018-006358 Application 14/580,033 Technology Center 2600 Before JOSEPH L. DIXON, JAMES W. DEJMEK, and STEPHEN E. BELISLE, Administrative Patent Judges. BELISLE, Administrative Patent Judge. DECISION ON APPEAL Appellant1 appeals under 35 U.S.C. Â§ 134(a) from a final rejection of all pending claims, namely, claims 1-21. App. Br. 5. 2 We have jurisdiction under 35 U.S.C. Â§ 6(b ). We affirm. 1 Appellant identifies Facebook, Inc. as the real party in interest. App. Br. 3. 2 This Decision refers to the Final Office Action mailed July 3, 2017 ("Final Act."); Appellant's Appeal Brief filed February 27, 2018 ("App. Br."); the Examiner's Answer mailed March 30, 2018 ("Ans."); Appellant's Reply Brief filed May 30, 2018 ("Reply Br."); and Appellant's Specification filed December 22, 2014 ("Spec."). Appeal2018-006358 Application 14/580,033 STATEMENT OF THE CASE The Claimed Invention Appellant's invention generally relates to camera lens actuator units. See Abstract. An exemplary embodiment of such an actuator unit is shown in Specification Figure 1, reproduced below. Lens Actuator Unjt 10C -~-..... \ 118 118 Â·Â·Â·Â·Â·Â·-------~------~ 110Â·Â·-' .,z, l ..... ~ ,x Figure 1 illustrates a cross-section view of Appellant's disclosed lens actuator unit. Spec. ,r 11. According to Appellant's Specification, the actuator unit 100 ( or "lens unit" 100) of Figure 1 includes "a first lens group that includes at least one lens ( e.g., a first lens 102), a second lens group that includes at least one lens ( e.g., a second lens 106), and an inner lens element that includes at least one lens (e.g., inner lens 104)." Spec. ,r 22. "The lenses 102, 104, and 106 are concentrically aligned along an optic axis 120." Spec. ,r 22. The inner lens 104 is "configured to move along the optic axis between the first lens group and the second lens group," Spec. ,r 22, and is "separated from the first lens 102 by a resilient spacer 114," Spec. ,r 24. "The inner lens 104 is also separated from the second lens 106 by [a] 2 Appeal2018-006358 Application 14/580,033 magnetostrictive spacer 116, where the magnetostrictive spacer 116 is made of or includes a magnetostrictive material." Spec. ,r 24. In operation, according to the Specification, "the inner lens 104 is moved in a positive or negative z direction along the optic axis 120 as a result of expansion and contraction of the magnetostrictive spacer 116." Spec. ,r 25. An image is focused on a digital image sensor 108 "by moving the inner lens 104 along the optic axis 120 between the first lens group (e.g., the first lens 102) and the second lens group (e.g., the second lens 106)." Spec. ,r 35. Another exemplary embodiment of Appellant's actuator unit is shown in Specification Figure 2K, reproduced below. 1 ---------------1 ,.---- ft~~~~ r:: -~<"~8 .Â·. ' ____ :_-=::::_-_.;_ ... 'Â·Â· ... +Â·,r_ ........ . ,)( Figure 2K illustrates another cross-section view of Appellant's disclosed lens actuator unit. Spec. ,r,r 12, 47. According to Appellant's Specification, the portion of lens actuator unit 200B of Figure 2K includes "four magnetostrictive elements [214,216,226,240], where one pair of 3 Appeal2018-006358 Application 14/580,033 magnetostrictive elements [214, 240] is configured to move the first lens element [202] in a Â±x direction and a second pair of magnetostrictive elements [216, 226] is configured to move the first lens element [202] in a Â±y direction that is orthogonal to the Â±x direction." Spec. ,r 47. "[I]n order to move the lens 202 in the +x direction, a magnetic field that causes the magnetostrictive element 214 to expand is generated by the voice coil 204, and a magnetic field that causes the magnetostrictive element 240 to contract is generated by the voice coil 242." Spec. ,r 48. "Similarly, in order to move the lens 202 in the +y direction, a magnetic field that causes the magnetostrictive element 226 to expand is generated by the voice coil 228, and a magnetic field that causes the magnetostrictive element 216 to contract is generated by the voice coil 206." Spec. ,r 48. To stabilize an image focused on a digital image sensor, "a respective magnetostrictive element moves the first lens 202 away from the optic axis 222 in response to a current applied to a corresponding voice coil for the respective magnetostrictive element." Spec. ,r 52. According to Appellant, the disclosed camera lens actuator units provide "autofocus and optical image stabilization systems ... that are faster, more accurate, and consume less power" than conventional actuator units. Spec. ,r 9. Claim 1, reproduced below, is illustrative of the claimed subject matter on appeal of claims 1-12: 1. A camera lens actuator unit, comprising: a first lens group that includes at least one lens; a second lens group that includes at least one lens; an inner lens element configured to move along an optical axis between the first lens group and the second lens group, to 4 Appeal2018-006358 Application 14/580,033 focus an image on a digital sensor, wherein the first lens group, the second lens group, and the inner lens element are concentrically aligned along the optical axis; at least one voice coil; and one or more magnetostrictive elements coupled to the inner lens element, to move the inner lens element along the optical axis in response to a current applied to the at least one voice coil. Claim 13, reproduced below, is illustrative of the claimed subject matter on appeal of claims 13-21: 13. A camera lens actuator unit, comprising: a plurality oflenses concentrically aligned along an optical axis of the camera lens actuator unit and including a first lens element, at least some of the plurality of lenses being moveable along the optical axis to focus an image on a digital image sensor; a plurality of magnetostrictive elements including a first group of magnetostrictive elements coupled to the first lens element and a second group of magnetostrictive elements coupled to the at least some of the plurality of lenses; and a plurality of voice coils to strain respective magnetostrictive elements of the plurality of magnetostrictive elements; wherein, to stabilize the image, a respective magnetostrictive element of the first group of magnetostrictive elements is to move the first lens element away from the optical axis of the camera lens actuator unit in response to a current applied to a corresponding voice coil for the respective magnetostrictive element of the first group of magnetostrictive elements; and to focus the image, a respective magnetostrictive element of the second group of magnetostrictive elements is to move the at least some of the plurality of lenses along the optical axis of the camera lens actuator unit in response to a current applied to a corresponding voice coil for the respective 5 Appeal2018-006358 Application 14/580,033 magnetostrictive element of the second group of magnetostrictive elements. References The Examiner relies on the following references as evidence of unpatentability of the claims on appeal: Browning Reinicke Sato Topliss us 3,614,768 us 5,868,375 US 2005/0001906 Al US 2014/0009631 Al Rejections Oct. 19, 1971 Feb.9, 1999 Jan.6,2005 Jan.9,2014 The Examiner made the following rejections of the claims on appeal: Claims 1, 2, 4--7, 9--13, 15-17, and 19--21 stand rejected under 35 U.S.C. Â§ 103 as being unpatentable over Sato, Browning, and Topliss. Claims 3, 8, 14, and 18 stand rejected under 35 U.S.C. Â§ 103 as being unpatentable over Sato, Browning, Topliss, and Reinicke. ANALYSIS Appellant submits that claims 1-21 "stand and fall in two groups," namely, Group A (claims 1-12) and Group B (claims 13-21). App. Br. 13. Appellant also submits that independent claim 1 is representative of Group A claims, and independent claim 13 is representative of Group B claims. App. Br. 13, 15. Accordingly, we select and review independent claims 1 and 13 below. See 37 C.F.R. Â§ 4I.37(c)(l)(iv). 6 Appeal2018-006358 Application 14/580,033 Group A: Claims 1-12 Appellant argues Sato and Topliss3 "do not teach or suggest an 'inner lens element' that has the ability to move 'along an optical axis between the first lens group and the second lens group,' as recited in claim 1." App. Br. 13. Sato is generally directed to a camera having a correction mechanism to correct camera shaking and a focusing mechanism to focus an image, as illustrated, for example, in Sato's Figure 8, reproduced below. See Sato ,r,r 33, 35, and 66. CORRECTIGt/ LENS 12.2 (MOVING FllR X, Y DIRt:CT!ONl FIXED hgNS 121 SHUTTER S FOCUS LENS 123 POSITION DETECTOR OF THE ADJUST LENS (YI '52 ~ACTUATOR FOR Y DIRECTION 54 !ICTUATOR FOR :( DIRECTION 53 FIC.B 56 [ACCELEMTIOJ~ SE:NSOR_X_1l ACCELERATIOH SENSOR X 2 I ACCELERATION SENSOR y 1 I ACCELERATION SEt!SOR Y 2 60 61 Figure 8 of Sato shows a lens 12 including a fixed lens 121, a shutter S, a correction lens 122, and a focus lens 123. Sato ,r 66. "The focus lens 123 is held in the lens 12, and can move toward the optical axis" using actuator 56. 3 Browning, which the Examiner also cited in this combination, is not relevant to this aspect of the rejection. See Final Act. 5 ("Browning discloses using a solenoid (voice coil) to move a magnetostrictive matena . . . . . . 1 ") 7 Appeal2018-006358 Application 14/580,033 Sato ,r 66. "The correction lens 122 is a lens for adjustment of the camera shaking and is capable of moving within the XY plane that is perpendicular to the optical axis." Sato ,r 67. Actuators 53 and 54 move the correction lens 122 along the X-axis and Y-axis, respectively. Sato ,r 67. Topliss is generally directed to an actuator module for a camera that may be integrated within a mobile electronic device such as a smart phone, as illustrated, for example, in Topliss's Figure 1, reproduced below. See Topliss ,r 2. :,:;~ {!;~;{,:r_;',id~ f:Jfl.f .~:"Â°J;~'.;.-.::Â· ;~t~: ... i ~1:,;Â· l:.~:d .~!"Jj~i l:.:â€¢:; {{;Df~Â·} Figure 1 of Topliss shows a lens actuator module 100 including an autofocus ("AF") mechanism capable of moving a lens 102 according to at least three degrees of freedom, and an optical image stabilization ("OIS") mechanism capable of moving the lens according to at least two degrees of freedom. Topliss, Abstract. "During operation, lens 102 may be moved linearly ( e.g., shifted), tilted and/or rotated about any one or more of the axes illustrated in FIG. 1 using actuator module 100." Topliss ,r 47. More specifically, "lens 8 Appeal2018-006358 Application 14/580,033 102 may [be] shifted in a direction parallel to the optical axis 106, tilted about axes orthogonal to the optical axis ( e.g., axis 108 or axis 110), and about an appropriate center of rotation (e.g., rotated as illustrated by arrow 112 and/or arrow 114) to achieve a desired AF or OIS position." Topliss ,r 47 (emphasis added). In other words, Topliss describes the lens 102 is configured to move along the optical axis 106 of the lens 102 and along axes 108, 110 perpendicular to the optical axis 106. Appellant argues "Sato discloses a 'correction lens 122' between a fixed lens and a focus lens, but only discusses moving the 'correction lens 122' perpendicular to the optical axis," and "does not teach or suggest that the 'correction lens 122' can move 'along an optic axis' between the fixed lens and the focus lens." App. Br. 13. Appellant notes that Topliss discloses a singular "lens 102" having "5 degrees of freedom," but argues Topliss "does not have first and second lens groups for its lens to move between." App. Br. 13. Appellant argues there is "no teaching or suggestion of using [Topliss's lens 102] for the correction lens 122 of Sato," and "no teaching or suggestion that the correction lens 122 of Sato, or any lens disposed between two lens groups, can move along the optical axis." App. Br. 14. According to Appellant, the Examiner's obviousness conclusion is based on impermissible hindsight. App. Br. 14. The Examiner responds: Sato's correction lens 122 is between focus lens 123 and fixed lens 121. Sato was shown to move the correction lens 122 in an x and y direction where the z axis is the optical axis and the correction lens is concentrically aligned with other lenses in an optical axis with supporting actuator devices that can be magnetostrictive devices that strain to elongate in response to magnetic fields they are subjected to. Topliss was used to show 9 Appeal2018-006358 Application 14/580,033 that a lens with the capability to move can additionally move in an optical axis as well as the two linear directions perpendicular to the optical axis ( similar to Sato moving in the x and y direction which are perpendicular to the z axis as the optical axis), with the advantageous reason given in par. 47 of Topliss as AF (autofocus) or OIS (optical image stabilization) can be achieved. Ans. 2-3 ( emphasis added). To support the legal conclusion of obviousness, "there must be some articulated reasoning with some rational underpinning" for combining elements in the manner claimed. KSR Int'! Co. v. Teleflex Inc., 550 U.S. 398,418 (2007) (quoting In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)). Additionally, "[ m ]otivation to combine may be found in many different places and forms." Allergan, Inc. v. Sandoz Inc., 726 F.3d 1286, 1292 (Fed. Cir. 2013); see also Alza Corp. v. Mylan Labs., Inc., 464 F.3d 1286, 1294 (Fed. Cir. 2006) (stating that the motivation to combine does not have to be explicitly stated in the prior art). In this case, the Examiner finds Sato discloses correction lens 122 (i.e., "an inner lens element") between focus lens 123 (i.e., "a first lens group") and fixed lens 121 (i.e., "a second lens group"), and that correction lens 122 is configured to move along the X-axis and Y-axis, but is silent as to any movement along the Z-axis (i.e., optical axis). Ans. 2-3; Final Act. 6. However, the Examiner finds Topliss teaches lens 102 configured to move along the optical axis (Z-axis) and, as in Sato, the two linear directions perpendicular to the optical axis, namely, the X-axis and Y-axis. Ans. 3; Final Act. 3. Contrary to Appellant's contentions (see, e.g., App. Br. 14; Reply Br. 5-6), the Examiner has articulated that an ordinarily skilled artisan would have modified Sato's correction lens 122 (X-Y movement) with Topliss's teaching of lens 102 (X-Y-Z movement) to advantageously 10 Appeal2018-006358 Application 14/580,033 provide ( or enhance) autofocus and/ or optical image stabilization capabilities. Ans. 2-3; Final Act. 3. Moreover, the Examiner finds: "As the magnetostrictive devices were shown in Sato to move the 'correction lens 122 ', magnetostrictive devices can continue to be used where the 'correction lens 122' gains the ability, as shown in Topliss, to move in the optical axis direction." Final Act. 3. Appellant does not persuasively rebut these findings. Indeed, "[ t ]he combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results." KSR, 550 U.S. at 416. Additionally, Appellant does not point to any evidence of record that the combination would be "uniquely challenging or difficult for one of ordinary skill in the art" or "represented an unobvious step over the prior art." Leapfrog Enters., Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 1162 (Fed. Cir. 2007). As such, we agree with the Examiner that the combination of Sato and Topliss teach, or reasonably suggest, inter alia, an "'inner lens element' that has the ability to move 'along an optical axis between the first lens group and the second lens group,"' as recited in claim 1. We disagree that the Examiner relied on impermissible hindsight in rejecting independent claim 1. It is improper to base a conclusion of obviousness upon facts gleaned only through hindsight. "To draw on hindsight knowledge of the patented invention, when the prior art does not contain or suggest that knowledge, is to use the invention as a template for its own reconstruction-an illogical and inappropriate process by which to determine patentability." Sensonics, Inc. v. Aerosonic Corp., 81 F.3d 1566, 1570 (Fed. Cir. 1996) (citing W.L. Gore &Assoc. v. Garlock, Inc., 721 F.2d 1540, 1553 (Fed. Cir. 1983)). "Any judgment on obviousness is in a sense 11 Appeal2018-006358 Application 14/580,033 necessarily a reconstruction based upon hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made and does not include knowledge gleaned only from applicant's disclosure, such a reconstruction is proper." In re McLaughlin, 443 F.2d 1392, 1313-14 (CCPA 1971). Here, the Examiner expressly relies on specific disclosures of Sato and Topliss to support the proposed combination, and has provided "some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness," as discussed above. KSR, 550 U.S. at 418. In Appellant's Reply Brief, Appellant belatedly asserts: First, the Examiner has failed to identify any motivation to combine Topliss with Sato ... [because] the system of Sato already provides for both focus and stabilization[;] ... [because a] hypothetical combination with Topliss does not create any additional functionality[;] ... [ and because] one of ordinary skill would have had no motivation to modify Sato to move the correction lens 122 so that it "can additionally move in an optical axis." In short, Sato already has two lenses to achieve autofocus and optical image stabilization. Second, to the extent the Examiner proposes replacing Sato' s correction lens 122 and the focus lens 123 with a single lens according to Topliss, such a modification of Sato would no longer have an "inner lens" as recited in claims 1-12. In particular, the proposed combination would not have "a first lens group that includes at least one lens; a second lens group that includes at least one lens; [ and] an inner lens element configured to move along an optical axis between the first lens group and the second lens group." Reply Br. 5-6. These arguments were not made in the Appeal Brief, but could have been, and are not responsive to any new evidence or finding set forth by the Examiner in the Answer. In the absence of a showing of good cause by Appellant, these arguments are untimely and deemed waived. 12 Appeal2018-006358 Application 14/580,033 Any argument raised in the reply brief which was not raised in the appeal brief, or is not responsive to an argument raised in the [E]xaminer's answer, including any designated new ground of rejection, will not be considered by the Board for purposes of the present appeal, unless good cause is shown. 37 C.F.R. Â§ 41.41(b)(2) (2017); see also Ex parte Nakashima, 93 USPQ2d 1834, 1837 (BP AI 2010) (informative) ( explaining that arguments and evidence not presented timely in the principal brief will not be considered when filed in a reply brief, absent a showing of good cause explaining why the argument could not have been presented in the principal brief); Ex parte Borden, 93 USPQ2d 1473, 1474 (BPAI 2010) (informative) ("[T]he reply brief [is not] an opportunity to make arguments that could have been made in the principal brief on appeal to rebut the Examiner's rejections, but were not."). Notwithstanding the tardiness of such arguments, we do not find them persuasive. Again, as explained above, the Examiner expressly relies on specific disclosures of Sato and Topliss to support the proposed combination, and has provided some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness. See, e.g., Final Act. 7 ("[Sato-Topliss combination] is advantageous in that a desired AF or OIS position can be achieved with lens 102."). Furthermore, other than mere attorney argument, Appellant does not point to any evidence that Sato's lens 12 could not comprise more than one lens for focusing, or that movement of Sato's correction lens 122 along the optical Z-axis provides no additional functionality, including any additional functionality relating to optical image stabilization or focusing capabilities of the correction lens 122. It is well settled that mere attorney arguments and conclusory statements, which are unsupported by factual evidence, are 13 Appeal2018-006358 Application 14/580,033 entitled to little probative value. In re Geisler, 116 F.3d 1465, 1470 (Fed. Cir. 1997); see also In re Pearson, 494 F.2d 1399, 1405 (CCPA 1974) ( attorney argument is not evidence). As such, Appellant's arguments do not apprise us of Examiner error. For the reasons discussed supra, we are unpersuaded of Examiner error. Accordingly, we sustain the Examiner's rejection of independent claim 1 under 35 U.S.C. Â§ 103. Given Appellant's admission that Group A claims 1-12 "stand and fall" together with independent claim 1, see App. Br. 13, we also sustain the Examiner's rejection of claims 2-12, which recite similar limitations and were not argued separately. See 37 C.F.R. Â§ 4I.37(c)(l)(iv). Group B: Claims 13-21 Appellant argues Sato, Topliss, and Browning do not teach or suggest "a respective magnetostrictive element" moving "at least some of the plurality of lenses along the optical axis" to focus an image on a digital image sensor, as recited in claim 13. App. Br. 15; Reply Br. 6. Appellant argues Topliss "merely discloses a single 'lens 102' having '5 degrees of freedom,"' and "does not teach or suggest using a 'respective magnetostrictive element' to move 'at least some of the plurality of lenses along the optical axis."' App. Br. 15. Appellant also argues Sato and Browning "do not disclose moving 'at least some' of a plurality of lenses along the optical axis, much less using a 'respective magnetostrictive element' to do so," and points to Sato's correction lens 122 moving only along the XY plane perpendicular to the optical axis. App. Br. 15. In the Reply Brief, Appellant clarifies the bolding and italicizing of 'at least some:' "In other words, the cited references fail to disclose or render obvious the 14 Appeal2018-006358 Application 14/580,033 use of a respective magnetostrictive element to move more than one of a plurality of lenses concentrically aligned along an optical axis." Reply Br. 6 (emphasis added). Thus, Appellant's argument here effectively reduces to "at least some" means "more than one," and although the cited art teaches a respective magnetostrictive element moving "each" of Sato's lenses 122 and 123, it does not teach moving "some" of a plurality of lenses. Reply Br. 6. We do not find this argument persuasive. First, Appellant does not argue in either the Appeal or Reply Briefs that any evidence supports defining "at least one" as "more than one." Second, in summarizing the claimed subject matter in the Appeal Brief, Appellant cited, inter alia, paragraph 64 of the Specification in connection with the claim limitation at issue (App. Br. 8 n.20), but paragraph 64 discloses, inter alia, "an autofocus module 330 for focusing an image ... by adjusting the position of one or more lenses in a lens actuator unit ... " (Spec. ,r 64 (emphasis added)). Thus, Appellant's cited support for "at least some" is "one or more" (not "more than one"). Third, Appellant's Specification does recite "two or more" lenses where referring to two or more lenses rather than recite "at least some." See Spec. ,r 60 ("in some embodiments, two or more of the lenses in a lens actuator include magnetostrictive elements and corresponding voice coils for moving the two or more lenses away from the optic axis in order to stabilize an image") (emphasis added). Fourth, contemporaneous dictionaries define "some" to ordinarily mean "one or more." See, e.g., MERRIAM WEBSTER'S COLLEGIATE DICTIONARY 1120 (10th ed. 1996) (some: "being one, a part, or an unspecified number of something"). 15 Appeal2018-006358 Application 14/580,033 Based on the foregoing, we hold "at least some" as used in claim 13 means "one or more," under its broadest reasonable interpretation in light of the Specification. See In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004) (during prosecution, an application's claims are given their broadest reasonable scope consistent with the specification). As Appellant's only arguments concerning the Group B claims relied upon "at least some" meaning "more than one," which we hold it does not, we are unpersuaded of Examiner error. Accordingly, we sustain the Examiner's rejection of independent claim 13 under 35 U.S.C. Â§ 103. Given Appellant's admission that Group B claims 13-21 "stand and fall" together with independent claim 13, see App. Br. 13, 15, we also sustain the Examiner's rejection of claims 14--21, which recite similar limitations and were not argued separately. See 37 C.F.R. Â§ 4I.37(c)(l)(iv). DECISION We affirm the Examiner's obviousness rejections of claims 1-21. 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). See 37 C.F.R. Â§ 41.50(Â±). AFFIRMED 16 Application/Control No. Applicant(s)/Patent Under Patent Appeal No. Notice of References Cited 14/580,033 2018-006358 Examiner Art Unit 2662 U.S. PATENT DOCUMENTS * Document Number Date Country Code-Number-Kind Code MM-YYYY Name A US- B US- C US- D US- E US- F US- G US- H US- I US- J US- K US- L US- M US- FOREIGN PATENT DOCUMENTS * Document Number Date Country Code-Number-Kind Code MM-YYYY Country Name N 0 p Q R s T NON-PATENT DOCUMENTS * Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages) u MERRIAM WEBSIBR'S COLLEGIAIB DICTIONARY 1120 - 10th ed 1996 V w X *A copy of this reference is not being furnished with this Office action. (See MPEP Â§ 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign. U.S. Patent and Trademark Office PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. Page 1 of 1 Classification Classification --,-----------------. .. Merriam- Webster's Â· CollegiateÂ® Â· .. Dictionary TENTH E.DITION - . ' Merriam-Webster, Incorporated Springfield, Massachusetts, U.S.A. t ~ ' ~; ~ ~ ' rÂ·Â·Â·. f .. - 1~ Â·. -, L ;:.::;~ i;;=::;~ m-.Â·Â· ffiÂ·Â·Â·,Â·Â·Â· I I I m I ij ~ ...---@-Â® - A GENUINE MERRIAM-WEBSTER The name Webster alonÂ·eÂ·is no guarantee of excellence. It is used by a number of publishers and may serve mainly to mislead an unwary buyer. Merriam- Websterâ„¢ is the name you should look for when you consider the purchase of dictionaries or other fine reference books. It carries the reputation of a company that has been publishing since 1831 and is your assurance of quality and authority. Â· CopyrightÂ© 1996 by Merriam~.Webster, Incorporated Philippines Copyright 1996 by Merriam-Webster, Incorporated Library of Congress Catalogirig in Publication Data Main entry under title: Merriam-Webster's collegiate dictionary. - 10th ed. p. cm. Includes index. ISBN 0-87779-708-0 (unindexed : alk. paper). - ISBN 0-87779-709-9 (indexed : alk. paper). - ISBN 0-87779-71()..2 (deluxe: alk. paper). - ISBN 0-87779-707.2 (laminated cover). 1. English language-Dictionaries. I. Merriam-Webster, Inc. PE1628.M36 1996 423--dc20 95-36076 CIP Merriam-Webster's CollegiateÂ® Dictionary, Tenth Edition principal copyright 1993 COLLEGIATE is a registered trademark of Merriam-Webster, Incorporated All rights reserved. No part of this book covered by the copyrights hereon may be reproduced or copied in any formÂ· or by any means-graphic, electronic, or mechani- cal, including photocopying, taping, or information storage and retrieval systems- without written permission of the publisher. Made in the United States of America 1516RMcN96 Abbrev Â·Â·:%Â· \.. L L F-Â·: .. !)"Â·Â·> 1120 somatostatin â€¢ Song of Solomon su-mato.stat-in \si'i-,ma-t:>-'sta-t'n\ n [somat- + L status (pp. of sisrere to halt, cause to stand) + E Lirr,Â· akin to L stare to stand - more at STAND1 (l\173) : a polypeptide neurohonnone that is found esp. in the hypotnalamus and inhibits the se<:retion of several other hormones . â€¢some \'sarn, ,sam\ adv (bef. 12c) 1 : ABOUT<- BO houses) (twenty, some people) 2 a : in some degree : SOMEWHAT (felt = better) b : to some degree or extent: a little (the cut bled-> (I needÂ·to work on it - more) c - used as a mild intensive (that's going -> usage. When some is used to modify a number, it is almost always a round. number (a community of some 150,000 inhabitants) but be- cause.some is slightly more emphatic than about or approximately it is occas. used with a more ex.act number in an 'intensive function (an expert parachutist, he has some 115 jumps to his credit -Current Â· Biog.). When some is used without a number, most commentators feel that somewhat is to be preferred. Their advice is an oversimplification, however; only when some modifies an adjective. usu. a comparative~ will somewhat always substitute smoothly. When some modifies a verb or adverb, and esp. when _it follows a verb, substitution of somewhat may prove awkward (Italy forced me to grow up some ~E. W. Brooke) (I'm not a prude; I've been around some in my day--Roy Rogers) (liere in Newport, both Southern Cross and Courageous practiced somemore-W. N. Wallace). Â·Â· . â€¢-some adj suffix [ME -sorn, fr. OE -sum; akin to OHG -sam -some, OE sum some) : characterized by a (specified) thing, quality, state, or ac- tion (awesome) (burdensome} (cuddlesome) 1-some n suffix [ME (northern dial,) -sum, fr. ME sum, pron., one, some]: group of(so many) members and esp. persons (foursome) â€¢-some n comb form [NL -somat-. -soma, fr. Gk somat-, soma] l : body (chromosome) l : chromosome 4 : at some not specified or definitely known point of time (- last night} Â· Â· 'sometime adj ( 14c) l: having been fonnerly : FORMJlR, LATE 2: be- ing so occasionally or in only some respects (a - ... father who apâ€¢ pears and disar.pears -Evelyn Shelby) 1some-times \ samâ€¢,timz also (,)som-'\ odv (14c) : at times : now and then ' OCCASIONALLY â€¢sometimes adj 0593): SOMETIME some-way \'a;,m-,wa\ also someâ€¢ways \-,waz\ adv (15c), SOMEHOW 1someâ€¢what \â€¢,{h)wiit, .,(h)wat, (,)sam-'\ pron (13c): SOMETHING 'somewhat adv (13c): in some degree or measure: SLIGHTLY someâ€¢when \'s:>m- (h)wen\ adv ( 1833) : SOMErlME >some.where \-,(h)wer, -,(h)war, -(,)(h)w;,r\ adv (13c) 1, in, at, from, or to a place unknown or unspecified (mentions it -) 2 : to a place symbolizing positive accomplishment or progress (now we're getting => 3: in the vicinity of: APPROXIMATELY (- about nine o'clock) 'somewhere n (1647): an undetermined or unnamed place some.wheres \-.c'h)werz, -,(h)warz, -(,)(h)warz\ adv (I 815) : sol.[B WHERE . someâ€¢whithâ€¢er \-,(h)wi-tl!:>r\ adv (1530) archaic : to some plac,; : SOMEWHERE . . .Â·. -somic adj comb form [ISV '-some + -ic] : having or being a chrome. some complement of which one or .more but not all members exhibit (such) a degree of reduplication of chromosomes or genomes (mono- .romic) so.mite \ 'so-,mit\ n [ISV, fr. Gk siima bo-dy] (1869) : one of the Ion~. tudinal series of segments into which the body of many animals (as articulate animals and vertebrates) is divided : MEfAMERE somâ€¢me,lier \,s:,.mal-'ya\ n,-pl sommeliers \-'ya(:i)\ [F, fr. MF, court official charged with'transportation of supplies, pack animal driver, fr OProv saumalier pack animal driver, fr~ sauma pack a11imal~ load of~ pack animal, fr. LL sagma packsaddle - more at SUMPTER] 0829): â€¢ w~iter in a restaurant who has charge of wines and their service : a wmesteward somnambul- comb form [NL. fr. somnarnbulus somnambulist, fr. L somnus sleep + â€¢arnbulus (as in funambulus funambulist) - more at SOMNOLENT] : somnambulism : somnambulist (somnambulant) Â· somâ€¢nam.bu.Jant \siim-'nam-bya-kmt\ adj (1866) : walking or ad- dicted to walking while asleep . som,namâ€¢buâ€¢late \-,lat\ vi .Jat.ed; -latâ€¢ing (1833) : to walk when asleep - som,namâ€¢huâ€¢laâ€¢tion \{,)siim-,nam-by~-'lii-sh~n\ n Â· .Â· somâ€¢nam,buâ€¢Iism \siim-'nam-by~-,li-z:,m\ n (1797) 1 : an abnonnal condition of sleep in which motor acts (as walking) are performed 2 ~ actions characteristic of somnambulism - somâ€¢nantâ€¢bu+list -\-Hst\ Â·n - som.nam,buâ€¢Iis,tic \(,)siim-,nam-byg-'Jis-tik\ adj - som,namâ€¢ buâ€¢lisâ€¢tiâ€¢caUy \â€¢ti-k(:,-)le\ adv .Â· som,ni,fa,cient \,siimâ€¢naâ€¢'fii-shant\ adj [L samnus sleep + E -facienl] (ca. I 890): HYPNOTIC 1 - somnifacient n . '. somâ€¢nif.erâ€¢ons \siim-'ni-f(a.)r;,s\ odj [L somnifer somniferous, fr. wmÂ· nus+ -/er-ferous] (1602): SOPORIFIC Â· . . somâ€¢no.lence \'silm-n~-lan(t)s\ n 04c) : the quality or statec of being drowsy : SLEEPINESS . . . ,- somâ€¢nOâ€¢lent \â€¢fant\ adj [ME sompnolent, !r. MF, fr. L somnolentus, fr. samnus sleep; akin to Oi'. swefn sleep, Gk hypnosJ (15c) l : of a kind likely to induce sleep (a - sermon) l a : inchned to or heavy with sleep: DROWSY b: SLEEPY 2 <- rivers)- somâ€¢noâ€¢lent,ly advÂ· Â· .. 'so much adv ( l 3c) : by the amount indicated or suggested (if they lo,o their way, so much the better for us) Â· 'so much pron (14c) 1 : something (as an amount or price) unspecified or undetermined (charge so much a mile) 2 : all that can be or is to. be said or done (so much for the history of the case) ..". â€¢so much adj ( 1557) - used as an intensive (the house burned like :ro much paper) (sounded like so much nonsense) Â· Â· Â· so much as adv (I Sc) : EVEN 3d . , son \'s~n\ n [ME sone, fr. OE sunu; akin to OHG sun son, Gk hyio.1] (bef.. 12c) 1 a : a male,offspring esp. of human beings b: a ma!, adopted child c: a male descendant 2 cap, the second .person of thâ€¢ Trinity 3 : a person closely associated with or deriving from a fonnaÂ· tive agent (as a nation, school, or race) - sonâ€¢hood \-,hlid\ n ..... ,. Â·. sonâ€¢ o,sonoâ€¢ combfo,m [Lsonus sound]: sound (sonic) (sonogrom) Â· . so.nant \'so-n~nt\ adj [L sonantâ€¢, sonans, prp. of sonare to sound 7. Â· more at SOUND] (1846) 1: VOICED 2 2, SYLLABIC la- sonantn' ...... Â·., soâ€¢nar \'so-,niir\ n [sound navigation ranging] (1945) : a method.%Â· device for detecting and locating objects esp. under",Vater_ by rn"!"'sf sound waves sent out to be reflected by the objects; also: a deyice !"-. detecting the presence of a vessel fas a submarine) by the sound lt .,,u1.s .. in water Â· . . Â· Â· Â·Â·.: .. Â·. so.na,ta \so-'nii-ta\ n [It, fr. sonare ta sound, fr. L] (1694): an mstf!lâ€¢Â·. mental musical composition typically. of three or four movements __ ,â€¢.Â·.': contrasting forms and keys . ._.--., ',Â·., :- _-; sonata form n (1873) : a musical form that consists bos,cally-o/-BIL. exposition, a development, and a recapitulation and that is u,ed.csP_.._ for the first movement of a sonata r .,,Â·, .Â·Â·.Â·: â€¢â€¢ sonâ€¢aâ€¢tiâ€¢na \,sii-nii-'te-na\ n [It, dim. of sonata} (ca. 1801) , a short usâ€¢, simplified sonata. , Â·Â· Â· ... ' Â· ... sonde \'sand\ n [f, lit., sounding line- more at souNDl 0901).:.allY.--.- of various devices for testing physical conditions (as at liigh altltâ€¢~05'.. Â·. below the earth's surface, or inside the body) Â·(-{Â· ... sone \'son\ n [ISV, fr. L sonus sound - more at souNo} .(1948 -~ Â· subje<:tive unit of loudness for an average listener equal to the ia1~~.;,.< of a 1000-hertz sound that has an intensity 40 decibels above t e .'\.:Â·_ ... Â· er's own threshold of hearing . (1'9sÂ·1)> Â· son et la.miere \,soâ€¢-(n)a-liim-'yer\ n [f, lit., sound and ]!gbtl Â· ; : an outdoor spe<:tacle at an historic site consisting of recorde .nâ€¢(l1!_:, Â· .. , tion with light and sound effe<:ts Â· Â£,\ j song \'s6j)\ n [ME, f~. qE sang; akin ~o OE singa~ t_o sing] (bâ€¢(Â· .l sh~ :: : th~ act or art. ~f s,ngmg 2 : poetical compos,tmn. 3 â€¢ â€¢ t'ciiJ,,;--:- :- mus,cal composttton of words and mus,c b: a col[e,;t1on _of sue aunds.,Â·Â· .. positions Â· 4 : a distinctive or characteristic sound or senes t.Ji.a :.bÂ·Â· Â·.,. (as ofa bird _or insect) 5. a : a melody for a lyric poem ~r. ..,,i,r Â·._.-'Â· : a po~m easily se~ to music, 6 a: _a habitual or c)'1aracter1sÂ¥~~-5,;,,JL:-.,_, b : a v10lent, abusive, or noisy reaction (put np quite a-> â€¢ ...... , .,., ... Â·. Â· Â· amount (sold for a -> - song.like \-,Ilk\ adj song and dance n O 872) 1 : a theatrical performance (as a performance) combining singing and dancing 2 : a Jong. . , . , familiar statement or explanation that is usu. not true or pe :..-. Â· Â·Â· .. song,bird \'s6o-,bard\ n (1774) 1 a; a bird that uttersâ€¢ ....... ,. _ ..,- .. Â· ..... , of musical tones b : an oscine bird 2 : a female singer if, ;,Â·i,i,ok â€¢ Â·. Â· song,book \-'bilk\ n (bef. 12c) : a colle<:tion of songs; spec 'Â· .. >i?-' '.'-:' containing vocal music(as.hymns) . . ,inilllâ€¢-/iâ€¢Â· song cycle n (l 899) : a group of related songs designed to form .. ,,."Ji ... _,. cal entity . Â· . 5;ngill8, Â·.Â·â€¢ song,fest \'sooâ€¢fest\ n {ca. 1912.): an informal session of grouP __ "-;'/Â·> .. :>Â·: of popular or folk, songs . . . . , nr.DDIOJ!l-Â·;Â·.:Â· Â· song.fut \-fa[\ adJ 04c): given to or suggestive of s,ng1ng â€¢ t,! ..... ,, :-c ' .. : Â·Â·,_ - song,fuUy \-fa-le\ adv - song.~ulâ€¢ne~s n Â· 01 gi~â€¢~lfi songâ€¢less \-las\ adj (ca. 1805): lackmg m, mcapable of, orn .-;iÂ·::':''"'Â·,i .. song - song-lessâ€¢ly adv "The ... Song of SoI,o,mon \-'sa-la-m;,n\ [fr. the opening verse: fo songs, which is Solomon's"] : a collection of love poern~aLil book in the Protestant canon of the Old Testament - see B Â· Â· L Song of Songs [trans, of Heb shir hashshi t= poems forming a book in the canonical Je, .. Roman Catholic canon of the Old Testamen t_--.--~- song of Solomon in the Protestant canon of , roam table .... , 1ong,smith \'s6o-,smith\ n (1795) : a compb " ' 1ong sparrow n 0810): a common No. An ~-:';, melodia) that is brownish above and wh ,1reaks on the breast and that is noted for it 1 1ong,ster \'s6o(k)-star\ n (14c) 1: one that BOOK . rongâ€¢stress \ 'soo(kl-strns\ n U 703): a fema! song thrush n (1668) : an Old World thrns is largely brown above with brown-spotted Â· also me1vis, throstle 1ongâ€¢writ;er \'s6o-,rt-tar\ n (1821): Â·a perso music or both esp. for popular songs ~ son1 1on,ic \ 'sii-nik\ adj (1923) 1 l utilizing, p1 ,ound waves<- altimeter); broadlr: of or i lion> 2 : having a frequency withm the aud tar - used of waves and vibrations 3 ~ o speed of sound in air Qr about 761 miles per hour) at sea level at 59'F (15â€¢c) 4 .: capo ionâ€¢iâ€¢cal-ly \-ni-k(:,.)le~ adv 1on,i,cate \'sii-na-,kiit\ â€¢I -cat,ed; -cat,ing disru_Pt (a~ bactega) by treatment with high, 1onâ€¢1â€¢cllâ€¢tiOn \,sa-na-'ka-sh;,n\ n mnic barrier n (1946) : SOUND BARRIER ionic boom 11 (1952) : a sound resemblin when a shock wave fanned at the nose of an sonic speed reaches the ground - called also ton-in-law \'s;,n-an-,16\ n, pl sons-in-laÂ· 'i;no's daughter ton,less \'s~n-fas\ adj(l4c): not possessing llll)â€¢IY \-le\ adj (!Sch FILIAL 100,net \ 'sii-n;,t\ n [It sonetto, fr. OProv son< tong, fr. L sonus sound] (I 557) : a fixed v, con,isting of fourteen lines that are typically acoording_to a prescribed scheme; also: a po IGllâ€¢ne.tee~ \,sii-na-'tir\ n (1665) 1 : a co lllioor or insignificant poet - son,neâ€¢teer-b sonnet sequence n (1881) : a series of sonn, lliome IOIJâ€¢DY \'s~-ne\ n 0850): a young boy - ust 1~no,buoy \'sii-n;,-,boi, Â·,hii-e\ n (1945): a lllg underwater sounds and transmitting then to~ of a bitch \'san-a-va-,bich also 'sam-,b ,'bi,b\12, pl son! of bitt:hâ€¢es \,s;>n-z;,-'bi-ch .smn-ettmes considered vulgar; sometimes u~ Press surprise or disappointment _1m1.-of a gun \'s,m-9-v:;;,-.. ~n; as an interj .s~ il!IIS (1708) - usu. used as a mild or euphe Â·a ~.llch~ sometimes used interjectional1y to Â·!Ointment !D_noJ 1 )God 04c) l'