EXHIBIT 3

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NEONODE0000534

Attorney's Docket No.: NEONODE. P004 PATENT 

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 

In Re Patent Application of: 

Magnus Goertz 

Application No: 10/315,250 

Filed: 

For: 

December 10, 2002 

USER INTERFACE FOR 

MOBILE HANDHELD 

COMPUTER UNIT 

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Mail Stop AMENDMENT 

Commissioner for Patents 

P. 0. Box 1450 

Alexandria, VA 22313-1450 

Examiner: Ryan F. Pitaro 

Art Unit: 2174 

AMENDMENT AND RESPONSE TO OFFICE ACTION 

UNDER 37 C.F.R. §1.111 

Sir: 

In response to the Final Office Action dated May 28, 

2010, applicant respectfully requests that the above-identified application 

be amended as follows. 

Atty. Docket No. NEONODE.P004 -1-

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IN THE CLAIMS: 

Please substitute the following claims for the pending 

claims with the same number: 

1. (currently amended) A non-transitory computer readable 

medium storing a computer program with computer program code, which, 

when read by a mobile handheld computer unit, allows the computer to 

present a user interface for the mobile handheld computer unit, the user 

interface comprising: 

a touch sensitive area in which representations Q. 

representation of at least one Q. function are displayed, and each function 

of said at least one function being mapped to a corresponding location in 

the touch sensitive area at which the representation of the function is 

displayed, and being is provided. wherein the representation consists of 

only one option for activating the function and wherein the function is 

activated by a multi-step operation comprising (i) an object touching the 

corresponding touch sensitive area at a location where the representation 

is provided and then (ii) the object gliding along the touch sensitive area 

away from the touched location. 

2. (currently amended) The computer readable medium of claim 1, 

wherein one function from the at least one function, when activated, 

causes the user interface to display icons representing different services 

or settings for a currently active application. 

3. (previously presented) The computer readable medium of claim 2, 

wherein the user interface is characterised in, that a selection of a 

Atty. Docket No. NEONODE.P004 -2-

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preferred service or setting is done by tapping on a display icon 

corresponding to the preferred service or setting. 

4. (currently amended) The computer readable medium of claim 1, 

wherein one function from at least one the function, when activated, 

causes the user interface to display a keyboard and a text field. 

S. (previously presented) The computer readable medium of claim 4, 

wherein said text field is used for inputting and editing of text through 

said keyboard. 

6. (currently amended) The computer readable medium of claim 1, 

wherein one function from the at least one function, when activated, 

causes the user interface to display a list with a library of available 

applications and files on the mobile handheld computer unit. 

7. (previously presented) The computer readable medium of claim 6, 

wherein the user interface is characterised in, that a selection of an 

application or file is done by gliding the object along said touch sensitive 

area so that a representation of a desired one of said application or file is 

highlighted, raising said object from said touch sensitive area, and then 

tapping on said touch sensitive area. 

8. (previously presented) The computer readable medium of claim 7, 

wherein the user interface is characterised in, that at any given time said 

list presents only files or only applications, and that an area of said list 

presents a field through which said list can be changed from presenting 

Atty. Docket No. NEONODE.P004 -3-

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files to presenting applications, or from presenting applications to 

presenting files. 

9. (previously presented) The computer readable medium of claim 7, 

wherein the user interface is characterised in, that, one item in said list is 

highlighted by a moveable marking, and the user interface enables list 

navigation whereby gliding the object along the touch sensitive area in a 

direction towards the top of said list or towards the bottom of said list 

causes said marking to move in the same direction without scrolling the 

list. 

10. (previously presented) The computer readable medium of claim 9, 

wherein the user interface is characterised in, that, if the number of 

applications or files in said list exceeds the number of applications or files 

that can be presented on said touch sensitive area as content, and if the 

object is (i) glided along said touch sensitive area to the top or bottom of 

said touch sensitive area, then (ii) raised above said touch sensitive area, 

then (iii) replaced on said touch sensitive area, and then (iv) again glided 

along said touch sensitive area to the top or bottom of said touch 

sensitive area, said list navigation pages the content of said list up or 

down by one whole page. 

11. (previously presented) The computer readable medium of claim 

10, wherein the user interface is characterised in, that if the object is 

raised from any first position on said touch sensitive area and then 

replaced on any second position on said touch sensitive area, said list 

navigation can be continued from said second position. 

Atty. Docket No. NEONODE.P004 -4-

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12. (previously presented) The computer readable medium of claim 1, 

wherein the user interface is characterised in, that an active application, 

function, service or setting is advanced one step by gliding the object 

along the touch sensitive area from left to right, and that the active 

application, function, service or setting is closed or backed one step by 

gliding the object along the touch sensitive area from right to left. 

13. (currently amended) The computer readable medium of claim 1, 

wherein the user interface is characterised in, that said representations 

representation of said at least one function [[are]] is located at the 

bottom of said touch sensitive area. 

14. (previously presented) The computer readable medium of claim 1, 

wherein the touch sensitive area is 2-3 inches in diagonal dimension. 

15. (previously presented) An enclosure adapted to cover the mobile 

handheld computer unit according to Claim 1, characterised in, that said 

enclosure is provided with an opening for said touch sensitive area. 

16. (previously presented) The enclosure according to Claim 15, 

characterised in, that said enclosure is removable and exchangeable. 

17. (cancelled) 

18. (previously presented) The computer readable medium of claim 1, 

characterised in, that said computer program code is adapted to function 

as a shell upon an operating system. 

Atty. Docket No. NEONODE.P004 -5-

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19. - 47. (cancelled) 

Please add the following new claims. 

48. (new) The computer readable medium of claim 1, wherein the 

representation is finger-sized. 

49. (new) The computer readable medium of claim 1, wherein the 

location where the representation is provided does not provide touch 

functionality for a different function. 

Atty. Docket No. NEONODE.P004 -6-

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REMARKS 

Applicant has carefully studied the outstanding Office 

Action. The present amendment is intended to place the application in 

condition for allowance and is believed to overcome all of the objections 

and rejections made by the Examiner. Favorable reconsideration and 

allowance of the application are respectfully requested. 

Applicant has amended claim 1, 2, 4, 6 and 13 and 

added new claims 48 and 49 to properly claim the present invention. No 

new matter has been introduced. Support for the new and amended 

claims is provided hereinbelow. Claims 1 - 16, 18, 48 and 49 are 

presented for examination. 

In Paragraphs 2 and 3 of the Office Action, the 

Examiner has rejected claim 1 under 35 U.S.C. §103(a) as being 

unpatentable over Nakajima et al., U.S. Patent No. 6,346,935 

(''Nakajima") in view of Hoshino et al., U.S. Publ. No. 2004/0021643 

("Hoshino") in view of Hirshberg, U.S. Publ. No. 2002/0027549 

(''Hirshberg"). 

In Paragraph 4 of the Office Action, the Examiner has 

rejected claims 2 - 11, 14 - 16 and 18 under 35 U.S.C. §103(a) as 

being unpatentable over Nakajima and Hoshino in view of Hirshberg in 

view of Pogue, Palm Pilot: The Ultimate Guide, 2nd Edition ("Pogue"). 

In Paragraph 5 of the Office Action, the Examiner has 

rejected claims 12 and 13 under 35 U.S.C. §103(a) as being 

unpatentable over Nakajima in view of Pogue, in view of Hoshino, in view 

of Hirshberg, in view of O'Rourke, US Patent No. 7,225,408 ("O'Rourke"). 

Atty. Docket No. NEONODE.P004 -7-

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NEONODE0000541

Brief Discussion of Prior Art 

Nakajima, Rogue and O'Rourke are discussed in 

applicant's response filed on July 13, 2009. Hoshino is discussed in 

applicant's response filed on February 22, 2010. 

Hirshberg describes a touch screen user interface for a 

compact multi-functional keypad that is operated using a finger. 

Hirshberg addresses the problem of how to provide the 40 - 60 different 

keys required for a full alphanumeric keypad on a small surface that 

cannot reasonably accommodate so many keys (Hirschberg/ par. 

[0050]). Hirshberg describes grouping several characters (typically 4 - 6 

characters) in a single key. As such, the number of required keys is 

reduced, and can fit in the available display area on a handheld device 

(Hirshberg/ par. [0051]). 

To enter a character, a user first touches a key 

representing several characters, and then drags his finger in a specific 

direction to select one of the several characters. Thus, at par. [0055], 

Hirshberg recites: 

In multi-function key [sic] the first touch on the key activate 

[sic] the key and the relative trace ... is selecting the appropriate 

function among the functions associated with the selected key. 

Resoonse to Examiner's Arguments 

In rejecting independent claim 1 in Paragraph 3 of the 

Office Action, the Examiner has cited par. [0031] of Hirshberg as teaching 

a multi-step operation comprising an object touching a corresponding 

location and then the object gliding along the touch sensitive area away 

from the touched location. 

Applicant respectfully submits that Hirshberg teaches a 

touch and glide operation only for keys that comprise several characters. 

Atty. Docket No. NEONODE.P004 -8-

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On the contrary, for single character keys Hirshberg teaches using a 

conventional touch operation without a glide (Hirshberg/ pars. [0055] and 

[0074 ]) . Thus, at par. [0055], Hirshberg recites: 

In the case of one function a regular touch operation activate 

[sic] the function. 

Further, at par. [0074], Hirshberg recites: 

... a single-function mode wherein a single function is elected on 

contact with a given key, independent of the direction of motion. 

In distinction, the claimed invention uses a multi-step touch-and-glide 

operation for representations that consist of only one option for activating 

a function. 

In order to further distinguish the claimed invention 

over Hirshberg, applicant has amended claim 1 to include the limitation 

that the representation of the function consists of only one option for 

activating the function. 

The rejections of the claims 1 - 16 and 18 in 

paragraphs 2 - 5 of the Office Action will now be dealt with specifically. 

As to amended independent claim 1 for a computer 

readable medium, applicant respectfully submits, as indicated 

hereinabove, that the limitation in claim 1 of 

"wherein the representation consists of only one 

option for activating the function and wherein the function is activated 

by a multi-step operation comprising (i) an object touching the touch 

sensitive area at a location where the representation is provided and then 

(ii) the object gliding along the touch sensitive area away from the 

touched location" 

is neither shown nor suggested in Nakajima, Hoshino, Hirshberg, Pogue 

or O'Rourke. 

Atty. Docket No. NEONODE.P004 -9-

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Because claims 2 - 16, 18, 48 and 49 depend from 

claim 1 and include additional features, applicant respectfully submits 

that claims 2 - 16, 18, 48 and 49 are not anticipated or rendered 

obvious by Nakajima, Hoshino, Hirshberg, Pogue, O'Rourke, or a 

combination of Nakajima, Hoshino, Hirshberg, Pogue and O'Rourke. 

Accordingly claims 1, 2 - 16, 18, 48 and 49 are 

deemed to be allowable. 

Suoport for New and Amended Claims in Original Specification 

Independent claim 1 for a computer readable medium 

has been amended to include the limitation of a representation consisting 

of only one option for activating a function. This limitation is supported in 

the original specification at least by the Abstract, by representations 21 -

23 of FIG. 1, by FIG. 2 and its description at pars. [0045] - [0047] and 

by par. [0068]. 

Applicant notes that each representation 21 - 23, 

shown in FIG. 1 of the original specification, consists of only one option 

for activating its corresponding function. Indeed, element 21 consists of 

the one option of displaying icons as appropriate for a currently active 

application, as described at par. [0048] and shown in FIG. 3 of the 

original specification. Element 22 consists of the one option of opening a 

keypad and text window, as described at par. [0052] and shown in FIG. 5 

of the original specification. Element 23 consists of the one option of 

opening a list of computer system applications and files, as described at 

par. [0058] and shown in FIG. 6 of the original specification. Moreover, 

each of these one-option elements is activated by a multi-step touch-andglide operation, as described at pars. [0016] and [0047] of the original 

specification. 

Atty. Docket No. NEONODE.P004 -10-

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NEONODE0000544

New dependent claim 48 includes the limitation that the 

representation of the function is finger-sized. This limitation is supported 

in the original specification at least at par. [0047] and FIG. 2, which 

shows that a representation 21, 22 or 23 is activated by a user's thumb; 

and at FIG. 5, which shows that representations 21, 22 and 23 are 

approximately the same size as the numeral keys of keyboard 221. 

New dependent claim 49 includes the limitation that the 

location where the representation is provided does not provide touch 

functionality for a different function. This limitation is supported in the 

original specification at least at FIG. 1, which shows that the locations of 

the representations 21, 22, 23 are non-overlapping. 

For the foregoing reasons, applicant respectfully 

submits that the applicable objections and rejections have been overcome 

and that the claims are in condition for allowance. 

If any matters can be resolved by telephone, applicant 

requests that the Patent and Trademark Office please contact the 

applicant at the telephone number listed below. 

Dated: June 30, 2010 

P.O. Box 691 

Soquel, CA 95073 

(831) 426-8200 

Atty. Docket No. NEONODE.P004 -11-

Respectfully submitted, 

/Marc A. Beraer/ 

Marc A. Berger 

Reg. No. 44,029 

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