NOKIA TECHNOLOGIES OYDownload PDFPatent Trials and Appeals BoardFeb 27, 202014779010 - (D) (P.T.A.B. Feb. 27, 2020) Copy Citation 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. 14/779,010 09/21/2015 Liang Zhang 042933/468896 9352 10949 7590 02/27/2020 Nokia Corporation and Alston & Bird LLP c/o Alston & Bird LLP Bank of America Plaza, 101 South Tryon Street Suite 4000 Charlotte, NC 28280-4000 EXAMINER MOLINA, HUGO ART UNIT PAPER NUMBER 2143 NOTIFICATION DATE DELIVERY MODE 02/27/2020 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): usptomail@alston.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte LIANG ZHANG Appeal 2019-006441 Application 14/779,010 Technology Center 2100 Before DENISE M. POTHIER, JENNIFER S. BISK, and LINZY T. McCARTNEY, Administrative Patent Judges. McCARTNEY, Administrative Patent Judge. DECISION ON APPEAL Appellant1 seeks review under 35 U.S.C. § 134(a) of the Examiner’s final rejection of claims 1, 3, 5–8, 10, and 12–15. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. 1 Appellant identifies the real party in interest as Nokia Technologies Oy. Appeal Brief 2, filed February 25, 2019 (Appeal Br.). Appeal 2019-006441 Application 14/779,010 2 BACKGROUND This patent application concerns “selecting a user interface view for displaying by an apparatus.” Specification ¶ 1, filed September 21, 2015 (Spec.). Claim 1 illustrates the claimed subject matter: 1. A method comprising: receiving an indication of a lock signal at a first point in time; receiving an indication of an unlock signal at a second point in time; upon receiving the indication of the unlock signal, determining a lock period based on the first point in time and the second point in time, wherein the lock period comprises a time period between the lock signal at the first point in time and the unlock signal at the second point in time; and in dependence on the determined lock period, selecting a user interface view for displaying upon unlocking a device in an instance in which the determined lock period is greater than a pre-defined threshold value and selecting a second user interface view for displaying upon unlocking the device in an instance in which the determined lock period is less than the pre-defined threshold value, wherein the unlocking is performed in response to the received indication of the unlock signal. Appeal Br. 32. Appeal 2019-006441 Application 14/779,010 3 REJECTIONS2 Claims 35 U.S.C. § References 1, 8, 15 102 Kim3 3, 5, 6, 10, 12, 13 103 Kim, Park4 7, 14 103 Kim, Park, Gamaley5 DISCUSSION Section 102 Rejection Claim 1 recites a method that upon receiving the indication of the unlock signal, determin[es] a lock period based on the first point in time and the second point in time, wherein the lock period comprises a time period between the lock signal at the first point in time and the unlock signal at the second point in time; and in dependence on the determined lock period, select[s] a user interface view for displaying upon unlocking a device in an instance in which the determined lock period is greater than a pre-defined threshold value and select[s] a second user interface view for displaying upon unlocking the device in an instance in which the determined lock period is less than the pre-defined threshold value, wherein the unlocking is performed in response to the received indication of the unlock signal [the selecting limitation]. Appeal Br. 32 (emphases added). Appellant argues that the Examiner has not shown that Kim discloses the selecting limitation. See Appeal Br. 8–12. Appellant asserts that this limitation requires selecting a user interface for 2 In the Final Office Action, the Examiner rejected claims 1, 3, 5–8, 10, and 12–15 under § 101. Final Office Action 2–7, mailed October 5, 2018 (Final Act.). The Examiner withdrew this rejection in the Examiner’s Answer. Examiner’s Answer 46–47, mailed May 10, 2019 (Ans.). 3 Kim et al. (US 2011/0294467 A1; December 1, 2011). 4 Park et al. (US 2013/0093707 A1; April 18, 2013). 5 Gamaley et al. (US 2009/0241031 A1; September 24, 2009). Appeal 2019-006441 Application 14/779,010 4 display “in response to the received indication of the unlock signal,” whereas Kim discloses changing a “growing form of an image” displayed on a mobile device while the device is locked. See Appeal Br. 8–10. Appellant contends that Kim “is silent” about what the device displays after it receives an “unlock function.” Appeal Br. 9–10 (emphasis omitted). Appellant also argues that Kim cannot “determine the lock period . . . during the display and progression of the” growing form of the image because the mobile device has yet to receive the unlock signal. See Appeal Br. 10. We agree with Appellant. Kim teaches placing a mobile device into a “touch-lock” state during which the device displays a so-called “growing form of an image” to show how long the device has been in the touch-lock state. See Kim ¶¶ 76–78. For example, Kim teaches displaying an image of a tree and changing the image from one form of the tree to another at specified times so that the tree appears to grow as time passes while the device is in the touch-lock state. See Kim ¶¶ 76–78, Fig. 6. Kim also teaches releasing the touch-lock state. See Kim ¶¶ 76–78. The Examiner found that the process of entering the touch-lock state, displaying a growing form of an image while in this state, and exiting the touch-lock state discloses the disputed limitation. See Final Office Action 8–9, mailed October 5, 2018 (citing Kim ¶¶ 51, 78, Fig. 6); Examiner’s Answer 17–21, mailed May 10, 2019 (citing Kim ¶¶ 76–78, Fig. 6). As argued by Appellant, Kim does not teach changing the growing form of an image from one form of the image to another at certain times “in response to the received indication of the unlock signal” as required by the selecting limitation. Kim teaches that once the mobile device receives an unlock signal, the mobile device stops displaying the growing form of the Appeal 2019-006441 Application 14/779,010 5 image. See, e.g., Kim ¶¶ 77 (“When an information reception event occurs during the display of the growing form of an image on the display unit 141, the touch-lock idle screen processing unit 165 stops displaying it . . . .”), 89 (disclosing that “when an input signal for releasing the touch-lock state occurs, the controller 160 returns to and proceeds with” displaying an idle screen or performing a user function), Fig. 7 (showing a flow chart of an exemplary touch-lock operating method). And although Kim teaches displaying a new image (for example, an idle screen or a screen for a user function) after receiving the unlock signal, see Kim ¶¶ 51, 89, Fig. 7, Kim does not disclose doing so by comparing a determined lock period to a threshold as required by the disputed limitation. We thus agree with Appellant that the Examiner erred. On this record, we do not sustain the Examiner’s anticipation rejection of claim 1. Because the Examiner’s anticipation rejection of independent claims 8 and 15 suffers from the same deficiency, we also do not sustain this rejection. Section 103 Rejections The Examiner’s obviousness rejections of dependent claims 3, 5–7, 10, and 12–14 do not remedy the deficiencies in the rejection of their respective independent claims. We therefore do not sustain the Examiner’s obviousness rejections of these claims. Appeal 2019-006441 Application 14/779,010 6 CONCLUSION This table summarizes our decision for claims 1, 3, 5–8, 10, and 12– 15, the claims before us on appeal: Claims Rejected 35 U.S.C. § References Affirmed Reversed 1, 8, 15 102 Kim 1, 8, 15 3, 5, 6, 10, 12, 13 103 Kim, Park 3, 5, 6, 10, 12, 13 7, 14 103 Kim, Park, Gamaley 7, 14 Overall Outcome 1, 3, 5–8, 10, 12–15 REVERSED Copy with citationCopy as parenthetical citation