Imran CHAUDHRI et al.

Patent Trials and Appeals Board

Mar 1, 2021

2020005763 (P.T.A.B. Mar. 1, 2021)

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.
11/850,005 09/04/2007 Imran A. CHAUDHRI P5697US1/77770000131101 6688
150004 7590 03/01/2021
DENTONS US LLP - Apple
4655 Executive Dr
Suite 700
San Diego, CA 92121
EXAMINER
NABI, REZA U
ART UNIT PAPER NUMBER
2175
NOTIFICATION DATE DELIVERY MODE
03/01/2021 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):
dentons_PAIR@firsttofile.com
patent.docket@dentons.com
patents.us@dentons.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte IMRAN A. CHAUDHRI, SCOTT HERZ,
STEVEN JOBS, FREDDY A. ANZURES, and
GREG CHRISTIE
Appeal 2020-005763
Application 11/850,005
Technology Center 2100
Before MAHSHID D. SAADAT, ELENI MANTIS MERCADER, and
BETH Z. SHAW, Administrative Patent Judges.
SHAW, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner’s decision to reject claims 26–56. See Final Act. 1. We have
jurisdiction under 35 U.S.C. § 6(b). We conducted a telephonic hearing on
February 18, 2021.
We REVERSE.

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 Apple, Inc.
Appeal Br. 3.
Appeal 2020-005763
Application 11/850,005
2
CLAIMED SUBJECT MATTER
The claims are directed to an application menu user interface. Claim
26, reproduced below, is illustrative of the claimed subject matter:
26. A method, comprising:
at a computing device with a touch screen display:
displaying a first page that includes application icons in a
first area of the touch screen display, wherein:
the first page is one page in a set of pages in an application
menu that include application icons, pages in the application
menu are separately displayed in the first area of the touch screen
display, and selection of a respective application icon displayed
in the first area of the touch screen display launches an
application that corresponds to the respective application icon
displayed in the first area of the touch screen display;
displaying a plurality of application icons in a second area,
concurrently with the display of the first page that includes
application icons in the first area, of the touch screen display,
wherein:
the second area is different from the first area, and
selection of a respective application icon displayed in the second
area of the touch screen display launches an application that
corresponds to the respective application icon displayed in the
second area of the touch screen display;
while displaying the first page in the first area and the
plurality of application icons in the second area, detecting a first
finger swipe gesture on the touch screen display on the first page
of application icons in the first area; and
in response to detecting the first finger swipe gesture on
the touch screen display in the first area, replacing display of the
first page in the application menu with display of a second page
in the application menu in the first area on the touch screen
display while maintaining display of the plurality of application
icons in the second area on the touch screen display, wherein
replacing display of the first page in the application menu with
display of the second page in the application menu in the first
area on the touch screen display comprises an animation that
moves the first page out of the first area and the second page into
the first area,
Appeal 2020-005763
Application 11/850,005
3
and wherein the second page in the application menu
includes application icons that are different from the application
icons in the first page in the application menu.
REFERENCES
The prior art relied upon by the Examiner is:
Name Reference Date
Freach US 6,710,788 B1 Mar. 23, 2004
Muylkens US 2008/0225013 A1 Sept. 18, 2008
Apple iPhone First Generation
User Guide by Apple,
Inc.
June 20072
REJECTION
Claims 26–32, 34–40, 42–48, 50–56 are rejected under 35 U.S.C.
§ 103 as unpatentable over Freach and Apple. Final Act. 2–7.
Claims 33, 41, 49 are rejected under 35 U.S.C. § 103 as unpatentable
over Freach, Apple, and Muylkens. Final Act. 8.
OPINION
Appellant argues that neither the Apple reference, nor Freach, teach or
suggest, “detecting a first finger swipe gesture on the touch screen display
on the first page of application icons in the first area,” as recited in claim
26. Appeal Br. 19. We agree with Appellant that Freach, which teaches a
desktop display, does not appear to teach a touch screen. The claims require
that a page “includes application icons in a first area of the touch screen
display [and] selection of a respective application icon displayed in the first
area of the touch screen display launches an application that corresponds to

2 The date of the iPhone First Generation User Guide by Apple, Inc. is
referenced as June 2007 in the Final Office Action dated June 6, 2019.
Appeal 2020-005763
Application 11/850,005
4
the respective application icon displayed in the first area of the touch screen
display.”
The single photo in the Apple reference does not include an
“application icon displayed in the first area of the touch screen display [that]
launches an application that corresponds to the respective application icon
displayed in the first area of the touch screen display,” as required by the
claims. Rather, the Apple reference explains that what happens when a user
taps on the photo is that the screen will “show the controls” that the user can
use to view the next or previous photo. Thus, the combination of Freach and
the Apple reference does not teach or suggest, “while displaying the first
page in the first area and the plurality of application icons in the second area,
detecting a first finger swipe gesture on the touch screen display on the first
page of application icons in the first area,” as claimed.
Accordingly, we do not sustain the § 103 rejection of independent
claim 26. For the same reasons, we do not sustain the § 103 rejection of
independent claim 34, 42, and 50, or the pending dependent claims 27–32,
35–40, 43–48, and 51–56. We also do not sustain the rejection of 33, 41, and
49 under 35 U.S.C. § 103 as unpatentable over Freach, Apple, and
Muylkens, because the Examiner does not assert that Muylkens cures the
above-noted deficiencies.
CONCLUSION
The Examiner’s rejections are reversed.

Appeal 2020-005763
Application 11/850,005
5
DECISION SUMMARY
Claims
Rejected
35 U.S.C. § Reference(s)/Basis Affirmed Reversed
26–32, 34–
40, 42–48,
50–56
103 Freach, Apple 26–32, 34–
40, 42–48,
50–56
33, 41, 49 103 Freach, Apple,
Muylkens
33, 41, 49
Overall
Outcome
26–56

REVERSED