EXHIBIT 8

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~t;~ 

( ·iitm'i ... ~ r\I.)\; ~ 

'\.,_,TAA~ THE UNITED STATES PATENT AND TRADEMARK OFFICE 

In re Patent Application of 

GOERTZ 

Serial No.: 10/315,250 

Filed: December 10, 2002 

For: USER INTERFACE 

Atty. Ref.: 5042-2 

(Formerly 3682-32) 

Group: 2174; Conf. No. 1226 

Examiner: Pitaro, Ryan F. 

* * * * * * * * * * * 

Commissioner for Patents 

P.O. Box 1450 

Alexandria, VA 22313-1450 

Sir: 

August 23, 2007 

AMENDMENT 

In response to the Office Action mailed May 24, 2007, please amend the above-identified 

application as follows: 

Amendments to the Claims are reflected in the listing of claims which begins on page 2 

of this paper. 

Remarks/Arguments begin on page 9 of this paper. 

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GOERTZ 

Serial No.: 10/315,250 

AMENDMENTS TO THE CLAIMS 

This listing of claims will replace all prior versions, and listings, of claims in the 

application. 

1. (Currently Amended) A computer readable medium storing a computer program with 

computer program code, which code. when read by a mobile handheld computer unit, allows the 

computer to present a user interface for a the mobile handheld computer unit.l the user interface 

comprising: 

a touch sensitive area that is simultaneously divided into a menu area and a display area, 

the computer unit being adapted to run several applications simultaneously, and to present 

an active application on top of any other application on the display area, characterised in, that 

the menu area aeiHg aEla13teEl te simultaneously presenting representations of a first 

function that is a general application dependent function, a second function that is a keyboard 

function, and a third function that is a task and file manager, and 

each of the three functions simultaneously represented in the menu area being activated 

by the single step of an object moving in a direction from a starting point that is the 

representation of the function in the menu area to the display area being detected by the touch 

sensitive area, thereby allowing low precision navigation of the user interface using a blunt 

object, so that the user interface can be operated by one hand, where the blunt object is a finger. 

2. (Currently Amended) The computer readable medium of claim l, wherein the user 

interface aeeeFEliHg te Claim 1, lli characterized in, that, if said first function is activated, said 

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display area is adapted to display icons representing different services or settings depending on 

the current active application, that one of said icons always represents a "help"-service, 

regardless of application, and that, if no application is currently active on said computer unit, said 

icons are adapted to represent services or settings of the operations system of said computer unit. 

3. (Currently Amended) The computer readable medium of claim 2, wherein the user 

interface aeeorEliAg to Claim 2, ~characterised in, that a selection of a preferred service or 

setting is done by tapping on corresponding icon. 

4. (Currently Amended) The computer readable medium of claim l, wherein the user 

interface aeeordiAg to Claim 1, !.§. characterised in, 

- that, if said second function is activated, said display area is adapted to display a 

keyboard and a text field, 

- that, if a text passage in said active application is highlighted, said text passage is 

displayed in said text field for editing through said keyboard and that said highlighted text 

passage is replaced by said edited text passage when said second function is deactivated, and 

- that if no text passage in said active application is highlighted, said text field is 

available for inputting and editing of text through said keyboard. 

5. (Currently Amended) The computer readable medium of claim 4, wherein the user 

interface aeeorEliRg to Claim 4, !.§.characterised in, that if no text passage in said active 

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application is highlighted, said text field is used for inputting and editing of text through said 

keyboard, then 

- said first function can be activated, or 

- said second function can be closed, in which a choice of saving or deleting said 

inputted text is given, where the choice of saving said inputted text results in an activation of said 

first function, 

in which said first function will present services or settings available for said inputted 

text. 

6. (Currently Amended) The computer readable medium of claim l, wherein the user 

interface aeeerEliHg te Claim 1, !.§.characterised in, that, if said third function is activated, said 

display area is adapted to display a list with a library of available applications and files on said 

computer unit, that a selection of an application will start said application, and that a selection of 

a file will open said file in an application intended for said file. 

7. (Currently Amended) The computer readable medium of claim 6, wherein the user 

interface aeeerEliHg te Claim 0, !.§. characterised in, that a selection of an application or a file is 

done by moving said object so that the representation of desired application or file is highlighted, 

removing said object from said touch sensitive area, and then tapping on said touch sensitive 

area, and that an application or file is highlighted by placing some kind of marking on the 

representation of said application or file. 

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8. (Currently Amended) The computer readable medium of claim 7. wherein the user 

interface aeeeraing te Claim 7, i.§. characterised in, that said list is adapted to present only said 

files or only said applications, that the top area of said list presents a field through which the 

content of said list can be altered, that, if said list only presents files, said field displays a 

representation of a task manager and a selection of said field will cause said list to alter to present 

only applications, and that, if said list only presents applications, said field displays a 

representation of a file manager and a selection of said field will cause said list to alter and 

present only files. 

9. (Currently Amended) The computer readable medium of claim 7. wherein the user 

interface aeeereing te Claim 7, i.§. characterised in, that, a navigation in said list is performed by 

moving said object in a direction towards the top of said list or towards the bottom of said list, 

that the movement of said object will cause said marking to move in the same direction, and that 

the speed of the movement of said marking is lower than the speed of the movement of said 

object. 

10. (Currently Amended) The computer readable medium of claim 9. wherein the user 

interface aeeeraing te Claim 9, is characterised in, that, if the number of applications and/or files 

in said list exceeds the number of applications and files that can be presented on said display 

area, and if said object is moved to the top or bottom position of said display area, then lifted, 

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replaced on said display area, and again moved to the top or bottom of said display area, the 

content of said display area will be replaced one whole page, meaning that if said object is 

positioned at the bottom of said display area, then lifted, replaced on said display area, and then 

again moved to the bottom of said display area, the content of said display area will be replaced 

by the fol1owing applications and/or files in said list, and if said object is positioned at the top of 

said display area, then lifted, replaced on said display area, and then again moved to the top of 

said display area, the content of said display area will be replaced by the preceding applications 

and/or files in said list. 

11. (Currently Amended) The computer readable medium of claim 10, wherein the user 

interface aeee£EliHg te Claim 10, lli characterised in, that if said object is removed from any first 

position on said display area and then replaced on a!!Y second position on said display area, said 

navigation can be continued from said second position. 

12. (Currently Amended) The computer readable medium of claim l, wherein the user 

interface aeeerdiHg te Claim 1, lli characterised in, that an active application, function, service or 

setting is moved on one step by moving said object from the left of said display area to the right 

of said display area, and that the active application, function, service or setting is closed or 

backed one step by moving said object from the right of said display area to the left of said 

display area. 

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13. (Currently Amended) The computer readable medium of claim l, wherein the user 

interface aeeeffiiRg te Claim 1, ~characterised in, that said menu area is positioned at the bottom 

of said touch sensitive area, that said representation of said first function is positioned at the left 

side of said menu area, that said representation of said second function is positioned at the 

middle of said menu area, and that said representation of said third function is positioned at the 

right side of said menu area. 

14. (Currently Amended) The computer readable medium of claim l, wherein the user 

interface aeeerEiiRg te Claim 1, ~characterised in, that said user interface is adapted to a touch 

sensitive area with a size that is in the order of 2-3 inches, and that said user interface is adapted 

to be operated by one hand, where said object can be a finger. 

15. (Currently Amended) An enclosure adapted to cover a computer unit, said computer 

unit being adapted to read computer program code of a computer program stored on a computer 

readable medium, which code, when read, present§. a user interface according to Claim 1, 

characterised in, that said enclosure is provided with an opening for said display area, and that a 

representation of said menu area is printed on top of said enclosure. 

16. (Previously Presented) The enclosure according to Claim 15, characterised in, that 

said enclosure is removable and exchangeable. 

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17. (Original) A computer readable medium, with a computer program product stored 

therein, characterised in, that said computer program product comprises computer readable code, 

which, when read by a computer, will make it possible for said computer to present a user 

interlace according to Claim 1. 

18. (Original) A computer readable medium according to Claim 17, characterised in, 

that said computer program product is adapted to function as a shell upon an operations system. 

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GOERTZ 

Serial No.: 10/315,250 

REMARKS 

Reconsideration of this application is respectfully requested. 

Claims 1-18 are pending in the application. Upon entry of this amendment, claims 1-15 

will be amended. 

In the outstanding Office Action of May 24, 2007, the Examiner rejected claims 1-16, 

under 35 U.S.C. §101, as being directed to non-statutory subject matter, arguing that the claimed 

user interface "is simply nonfunctional descriptive material per se, and therefore lacks actual data 

structure to be considered statutory." 5/24/07 Office Action, p. 2. The Examiner's rejection is 

respectfully traversed. 

Annex IV, titled "Computer-Related Non-Statutory Subject Matter", of the "Interim 

Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility", 

published in the November 22, 2005 Official Gazette of the United States Patent and Trademark 

Office defines both "functional descriptive material" and "non-functional descriptive material". 

"Functional descriptive material" is defined by Annex IV as material consisting of data structures 

and computer programs which impart functionality when employed as a computer component. A 

"data structure" is defined by Annex IV as a physical or logical relationship among data 

elements, designed to support specific data manipulation functions, quoting The New IEEE 

Standard Dictionary of Electrical and Electronics Terms 308 (5th ed. 1993). In contrast, "nonfunctional descriptive material" is defined by Annex IV as including, but not being limited to, 

music, literary works and a compilation or mere arrangement of data. A copy of Annex IV from 

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the November 22, 2005 OG Notice is submitted with this Amendment as Attachment A to this 

Amendment. 

Claim 1 of the present application, the only independent claim in the present application, 

has now been amended to recite a computer readable medium storing a computer program with 

computer program code, which code, when read by a mobile handheld computer unit, makes it 

possible for the computer to present a user interface for the computer that is described in claim 1 

of the present application. The user interface, which is divided into a menu area and a display 

area, simultaneously presents, in the menu area, a first function that is a general application 

dependent function, a second function that is a keyboard function, and a third function that is a 

task and file manager. The touch sensitive user interface allows these functions to be activated 

by a single step of an object moving in a direction from a starting point that is a representation of 

the function in the menu area to the display area, thereby allowing a user to use the computer 

with a single hand and activate the recited functions with a blunt object, such as a finger. 

Clearly, in its amended form, claim 1 recites functional material. Claims 2-14 have been 

amended to conform them to amended claim 1. In addition, claim 15 has been amended to recite 

that the computer unit recited in the claim is adapted to read computer program code of a 

computer program stored on a computer-readable medium, which code, when read, presents the 

user interface of claim 1. As such, applicant believes that claims 1-16 now recite statutory 

subject matter, and that the Examiner's rejection of claims 1-16 under §101 should now be 

withdrawn. Support for the foregoing amendments to claims 1-15 appear at least at page 1, lines 

12-15 of the specification of the present application. 

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In the outstanding Office Action, the Examiner also rejected , as being unpatentable under 

35 U.S.C. §103(a), claims 1, 4-7, 12, 15 and 17 over Carlson ("Carlson", Carlson, Jeff. Visual 

Ouickstart Guide Palm Organizers, Peachpit Press. 2000. Berkely, CA.) in view of Haitini et al. 

(USP 5,900,875) and further in view of Venolia et al. ("Venolia", T-Cube: A Fast, SelfDisclosing Pen-Based Alphabet), claims 2 and 3 over Carlson, Haitini et al. and Venolia et al. in 

view of Kopitzke et al. (USP 6,988,246 B2), claim 8-11 over Carlson in view of Haitini et al. in 

view of Venolia, in view of Wynn et al. (USP 6,734,833 Bl), claim 13 over Carlson in view of 

Haitini in view of Venolia, claims 14 and 16 over Carlson, Haitini et al. and Venolia in view of 

Strietelmeier ("Strietelmeier, Julia "Palm mlOO. The Gadgeteer. 2000. http://www.thegadgeteer.com/review/palm mlOO review>), and claim 18 over Carlson in view of Chew et al. 

(USP 6,727,917), Haitani et al. and Venolia et al. The Examiner's rejections are respectfully 

traversed. 

Assuming, arguendo, that the Examiner properly combined the cited references, the 

resulting combination would still not be the claimed invention because such references do not 

disclose or suggest all of the limitations of the claimed invention. Specifically, claim 1 of the 

present application, the only independent claim pending in the application and the one claim 

from which claims 2- 18 depend, either directly or indirectly, recites a user interface for a hand 

held computer unit that includes a touch sensitive area simultaneously divided into a menu area 

and a display area, with the menu area simultaneously presenting a first function that is a general 

application dependent function, a second function that is a keyboard function, and a third 

function that is a task and file manager. Claim 1 also recites that each of the three functions 

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simultaneously presented in the menu area are activated by the single step of an object moving in 

a direction from a starting point that is the representation of the function in the menu area to the 

display area being detected by the touch sensitive area, thereby allowing low precision navigation 

of the user interface using a blunt object, so that the user interface can be operated by one hand, 

where the blunt object is a finger. One embodiment of the three functions recited in claim 1 is 

described in the specification of the present application in reference to Figures 3, 5 and 6, 

respectively, of the present application. 

The three functions simultaneously represented in the menu area and activated by a touch 

sensitive area detecting the single step of an object moving in a direction from a starting point 

that is the representation of the function in the menu area to a display area, as recited in 

independent claim 1, are not described in the primary Carlson reference, the secondary Haitani 

reference or the tertiary Venolia reference cited by the Examiner in the claim rejections set forth 

in the outstanding Office Action. Given these deficiencies in the cited references, discussed 

below, it must be concluded that claims 1 - 18 of the present application are not obvious over the 

cited references. 

In the outstanding Office Action, the Examiner recognized that Carlson fails to disclose 

the first, second and third functions recited in independent claim 1 of the present application, 

5/24/07 Office Action, p. 4, as argued by applicant in the Amendment After Final Rejection 

previously filed on March 15, 2007. In an effort to overcome this deficiency in the teaching of 

Carlson, the Examiner points to the Haitani patent as disclosing a "menu area being adapted to 

simultaneously present representations of a first function that is a general application-dependent 

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function (Figure 1, items 151, 153), a second function that is a keyboard function (Figure 1, item 

145) and a third function that is a task and file manager (Figure 1, item 141)." 5/24/07 Office 

Action, p. 4. A review of Haitani reveals, however, that this patent does not disclose the first, 

second and third functions recited in independent claim 1, as argued by the Examiner. 

Haitani discloses a portable computer system 100 that is shown in Figure 1 of Haitani. 

The computer system 100 shown in Figure 1 includes a screen display area 181 that is used to 

display information to a user. Haitani, col. 2, 1ns. 40 - 42. Below the display area 181 is a user 

input area 183. Haitani, col. 2, In. 45. The user input area 183 is used to input text in the 

Graffiti® writing area 145 and interact with the application buttons 141 through 144. Haitani, 

col. 2, Ins. 45 - 48. Both the screen display area and the user input area 183 are covered by a 

digitizer pad that can detect user interaction with a stylus or finger. Haitani, col. 2, Ins. 42 - 44 

and 48 - 49. Below the area 183 is a mechanical button input area 185 that includes seven 

different mechanical buttons 121, 123, 125, 127, 129 and 131. Haitani, col. 2, Ins. 50-53. Thus, 

it should first be noted that items 141, 145 and 151 and 153 are not all located in the same menu 

area, as are the representations of the three functions recited in claim 1 of the present application. 

Haitani describes the seven mechanical buttons as including "[a] pair of scrolling buttons 

131 that are used to scroll information in the display area 181 up and down." Haitani, col. 2, Ins. 

64 - 65. Haitani also states that "[t]he scrolling buttons 141 [sic] allow a user to view a list of 

information that does not fit on the display." Haitani, col. 2, Ins. 65 - 67. This last statement 

appears to conflict with the earlier description of item 141 as being one of the application buttons 

141 through 144 located in Graffiti® writing area 145. Indeed, item 141 is not shown in Figure 1 

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as a pair of buttons, but, rather, a single icon including an arrow symbol in a circle and the word 

"applications" underneath the arrow symbol and circle. See Haitani, Figure 1. 

There is no description in Haitani of the items 151 and 153 shown in the screen display 

area 181 of Figure 1 of Haitani and cited by the Examiner as being "a general applicationdependent function (Figure 1, items 151, 153)". 5/24/07 Office Action, p. 4. Thus, it is not clear 

how the Examiner has concluded that items 151and153 in Figure 1 represent the first function 

that is a general application-dependent function recited in claim 1 of the present application, 

particularly when Haitani does not even discuss items 151and153. 

In addition, the "Graffiti® writing area" 145 shown in Figure 1 of Haitani is not the 

second, keyboard function recited in claim 1 of the present application. The Graffiti® writing 

area 145 is clearly not a keyboard, but rather an input area that is used to input written characters. 

See, e.g., Attachment B to this Amendment. 

Finally, as discussed above, item 141 is not the third, task and file manager function 

recited in claim 1, since it is described by Haitani as being part of the application buttons and 

shown in Figure 1 of Haitani as an icon including an arrow symbol in a circle and the word 

"applications" underneath the arrow symbol and circle. 

Putting aside claim 1 's recitation that each of the three functions simultaneously 

presented in the menu area are activated by the single step of an object moving in a direction 

from a starting point that is the representation of the function in the menu area to the display area 

so as to be detected by the touch sensitive area, it is clear from the foregoing discussion of 

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Carlson and Haitani these a combination of these two references would not result in the invention 

described in independent claim 1 of the present application. 

In the outstanding Office Action, the Examiner also recognized that Carlson, even as 

modified by Haitani, still does not disclose the single step function activation feature recited in 

claim 1. 5/24/07 Office Action, pp. 4 and 5. To compensate for this deficiency, the Examiner 

next argues that "Venolia teaches activating by the single step of an object moving in a direction 

from a starting point that is representation [sic] of the function in the menu area to the display 

area (Column 2, flick gestures)", described in column 2 of Venolia. It should be noted here that 

claim 1 of the present application recites not just a step of an object moving in a given direction 

for activation, but, rather, that each of the three functions recited in claim 1 are activated by the 

single step of an object moving in a direction from a starting point that is the representation of 

the function in the menu area to the display area, which is detected by touching the sensitive area, 

thereby allowing low precision navigation of a user interface using a blunt object, such as a 

finger, so that the user interface can be operated by one hand. 

Contrary to the Examiner's assertion, Venolia does not disclose activating various 

functions in a computer by the single step of moving an object in a direction from a starting point 

that is a representation of a selected function in a menu area to a display area, as recited in 

independent claim 1 of the present application. Rather, Venolia discloses a technique for 

entering text to a pen-based computer based on a "new alphabet" where each letter in the 

alphabet is a entered using a flick gesture. The flick gestures are self-disclosing using prime 

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menus. There is an assignment of characters to the gestures used with the pen-based computer 

disclosed in Venolia. 

The method of entering text using a pen and flick gestures described in Venolia is 

identified as "T-Cube". Venolia does describe as part of T-Cube the use of a flick gesture with a 

starting point and a direction. The user presses the pen in one of nine target cells so that a pie 

menu appears offset from the pen. The direction of the flick of the pen can be vertical, horizontal 

or directional, specifying one of eight directions. A combination of these eight directions and 

nine starting cells in a pie menu yields 72 different gestures, with each gesture representing a 

character, such as "w" or "7'', or an operation, such as a backspace, return or shift. Thus, the pen 

movements described in Venolia are not intended to activate a function, but, rather, to enter 

characters in a small computer. The flick gestures described in Venolia do not describe a single 

step of an object moving in a direction from a starting point that is the representation of one of 

several functions in a menu area to a display area to activate a selected function, as recited in 

independent claim 1 of the present application. Thus, it is clear that the combination of Carlson, 

Haitani and Venolia does not result in the invention described in independent claim 1 of the 

present application. 

The other additional references cited by the Examiner do not compensate for the 

deficiencies in the Carlson, Haitani and Venolia references discussed above. 

Kopitzke et al. discloses a monitoring and control device includes a touch sensitive LCD 

screen, with a basic layout including a display area and touch sensitive keys depicted with 

associated system and function symbols. A main menu or any one of plural system menus can be 

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selectively displayed in the display area. The system menus relate to cabin systems such as audio, 

lighting, and water systems. The selected system menu displays status information and touch 

input keys for the user to monitor the status and to select and control the operation of the system. 

The main menu is a top level window providing essential information regarding all of the cabin 

systems and allows a user to select any one of the system menus. 

Wynn et al. discloses a graphical user interface control for entering a user selection from 

a list of possible selections in which the user can "spin" through a list of items shown on preview 

and postview option lists. The control allows the user to spin forwards and backwards, with a 

preview list of items and a postview list of items being displayed on opposing sides of the 

currently selected item dialog box. By providing visibility to the upcoming and recently past 

selections during the spin, a user can operate the spin control at a higher speed, thereby reducing 

the amount of time necessary to find the desired item on the list. 

Chew et al. discloses a hand-held computing device user interface that displays 

information for an active application program in a middle portion of the screen, and displays a 

shell program controlled navigation bar at a top portion of the screen. The navigation bar 

includes a navigation icon which, when tapped by the stylus, aids the user in navigating to other 

application programs. The navigation bar also includes a title for the active application program 

to save vertical real estate on the screen. The user interface also displays an application menu bar 

at a bottom portion of the screen so that the user can manipulate data from the active application 

by tapping menu items with a stylus without blocking view of the middle portion of the display. 

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The Gadgeteer article by Strietelmeier is a review of the Palm mlOO. The article talks 

about the Palm mlOO having a cheaper feel than the prior Palm Ilic. It also talks about new 

features on the mlOO, such as an integrated flip cover, a small window that allows viewing of 

time and date when the up hardware scroll button is pressed, the removability of the flip cover 

for use of different color face plates, large and separate up/down scroll buttons, a smaller plastic 

LCD display, an IR port for beaming files back and forth to other Palm devices, a battery door, 

reset switch, stylus silo and hot sync port on the back of the unit, a louder internal speaker, 

limited RAM of 2MB, use of AAA batteries to power the device, and changes to the mlOO 

software, such as the addition of a notepad application and a clock application and the removal of 

mail or expense applications. 

Thus, it is clear that independent claim 1 of the present application is not obvious over the 

references of record cited by the Examiner in the outstanding Office Action of May 24, 2007. 

And, because independent claim 1 is not obvious over such references, dependent claims 2-18, 

which depend either directly or indirectly from claim 1, are also not obvious over such 

references. 

In view of the foregoing, it is believed that all of the claims pending in the application, 

i.e., claims 1 - 18, are now in condition for allowance, which action is earnestly solicited. If any 

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issues remain in this application, the Examiner is urged to contact the undersigned at the 

telephone number listed below. 

RAM:drt 

901 North Glebe Road, 11th Floor 

Arlington, VA 22203 

Telephone: (703) 816-4000 

Facsimile: (703) 816-4100 

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Respectfully submitted, 

NIXON & V ANDERHYE P.C. 

By: ~A.~ Robert A. Molan 

Reg. No. 29,834 

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