Of Apple Patent US 7,479,949

1
Palm Pre Invalidity

• Of Apple Patent US 7,479,949
• and US 7,469,381
• UC Berkeley, Center for Entrepreneurship and
  Technology
• IEOR 190G Patent Engineering
• Abhishek Gupta, BA CS

2
Touch Screen Technology

• Touch Screen technology refers to using fingers
  to manipulate objects on a touch screen.
• Achieved through variety of ways
• heat
• finger pressure
• infrared light
• optic capture

3
Touch Screen Technology

• For invalidity on the two patents, touch screen
  only refers to single touch methods on the Apple
  IPhone and Palm Pre.
• This includes
• Flicking Left/Right
• Locking the screen
• Diagonal movements
• Document edge in screen auto-display

4
Multi-Touch Tablet 1985

• Developed a touch tablet capable of sensing an
  arbitrary number of simultaneous touch inputs,
  reporting both location and degree of touch for
  each.
• Developed by Bill Buxton at University of
  Toronto, the video clearly demonstrates
  multi-touch concepts of sliding finger across
• http//www.billbuxton.com/touchTabletWindows.swf

5
Digital Desk 1991

• A manipulation of a desktop display
• An early front projection tablet top system that
  used optical and acoustic techniques to sense
  fingers and objects
• Clearly demonstrated touch concepts such as
  finger gestures or a finger flick
• Demo video  http//video.google.com/videoplay?doc
  id5772530828816089246

6
Starfire 1992

• A film produced which displayed the idea of
  pinching. Although nothing technology related was
  developed the film, produced at Sun
  Microsystems, clearly envisioned the future to
  include pinching and diagonal movements

7
FingerWorks 1999

• Founded by two University of Delaware academics,
  John Elias and Wayne Westerman
• Product largely based on Westermans thesis 
  Westerman, Wayne (1999). Hand Tracking,Finger
  Identification, and Chordic Manipulation on a
  Multi-Touch Surface. 
• The company was acquired in early 2005 by Apple,
  where Elias and Westerman moved to Apple.

8
FingerWorks 1999
state C detects significant motion on all
touching fingers and advances to the manipulation
state M, the channel selection is locked in.
Additional finger touchdowns or liftoffs will not
affect the channel selection during manipulation
unless they meet the special synchronization
sequence (pg. 269)
9
Portfolio Wall 1999

• Images placed on a wall, "to advance to the next
  slide in sequence, one flicked to the right. To
  go back to the previous image, one flicked left."
• "The gestures were much richer than just
  left-right flicks. One could investigate
  different behaviors, depending on the direction
  you moved your finger."
• "In this system there were eight options,
  corresponding to the 8 main points of a compass.
  For example, a downward gesture over a video
  meant 'stop'. A gesture up to the right enabled
  annotation, down to the right launched the
  application associated with the image, etc."

10
Portfolio Wall 1999

• The advancing from one slide to the next appears
  to read directly on claim clause of flipping
  through items in a list and is the same example
  as in the Apple Patent.
• According to the video, the left/right flick can
  anticipate the horizontal and vertical IPhone
  locked scrolling.
• Also shows that other commands can be on the 8
  other compass points.
• http//www.billbuxton.com/PWPda.swf

11
Diamond Touch 2001

• http//www.diamondspace.merl.com/bimanual.php
• Developed by Mitsubishi Research Labs, a tabletop
  similar to Microsoft Surface that could adapt
  finger touches. Researchers published multiple
  papers about it.
• Videos clearly demonstrate ability for finger to
  do vertical, horizontal, and diagonal movements
  which translate into actual actions
• Both videos show that scrolling on the screen can
  occur with a manual finger touch
• http//www.diamondspace.merl.com/videos/2006_wu_ge
  stures_lr.mov
• http//www.diamondspace.merl.com/videos/2006_tse_m
  ultimodal_gaming.wmv

12
Toshiba Mobile Display 2005

• http//www3.toshiba.co.jp/tm_dsp/press/2005/05-09-
  29.htm
• A mobile touch screen display that could detect
  finger movements.
• It could be used to navigate through pages in
  the same manner as a conventional touch-screen
  approach
• Similar to scrolling of items through a list with
  Apples touch screen

13
Claim 1 clause 1-4
Element Interpretation Prior Art (Portfolio Wall, Diamond Touch, Toshiba Mobile Display)
A computing device, comprising Portfolio Wall works on a computing device, however is sold independently as software. Diamond Touch is computing device. Toshiba Mobile Display is a computing device.
a touch screen display Portfolio Wall software works on a touch-based monitor. Diamond touch has a touch surface. Toshiba Mobile Display has a touch screen display.
one or more processors Portfolio Wall requires processor from computing device in order to work. Diamond Touch has a processor. Toshiba Mobile Display has a processor.
memory Portfolio Wall requires memory Diamond Touch requires memory. Toshiba Mobile Display requires memory.
14
Claim 1 clause 5
Element Interpretation Product
one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including One or more programs in memory that can be executed by the CPU(s). Portfolio Wall software is executed on a CPU. Diamond touch is a large interface that can execute multiple programs. Toshiba Mobile Display is executed by the devices CPU.
15
Claim 1 clause 6
Element Interpretation Portfolio Wall Product
instructions for detecting one or more finger contacts with the touch screen display It is inherent that if there is a processor and a touch screen display whereby a user can use his finger, that there must be instruction for detecting finger contacts with the touch screen.
16
Claim 1 clause 6
Element Interpretation Diamond Touch Product
instructions for detecting one or more finger contacts with the touch screen display It is inherent that if there is a processor and a touch screen display whereby a user can use his finger, that there must be instruction for detecting finger contacts with the touch screen.
17
Claim 1 clause 6
Element Interpretation Toshiba Mobile Display Product
instructions for detecting one or more finger contacts with the touch screen display It is inherent that if there is a processor and a touch screen display whereby a user can use his finger, that there must be instruction for detecting finger contacts with the touch screen.
18
Claim 1 clause 7
Element Interpretation Portfolio Wall Product
instructions for applying one or more heuristics to the one or more finger contacts to determine a command for the device ("heuristics programs are used to translate imprecise finger gestures into actions desired by the user." column 109, line 50-51) Heuristics are generally inherent in computer programs processing imprecise input, such as the movement of a touch on a touch screen. There must be instructions for the computer to apply the one or more heuristics and determine the desired command for the device from the finger contacts.
19
Claim 1 clause 7
Element Interpretation Diamond Touch Product
instructions for applying one or more heuristics to the one or more finger contacts to determine a command for the device ("heuristics programs are used to translate imprecise finger gestures into actions desired by the user." column 109, line 50-51) Heuristics are generally inherent in computer programs processing imprecise input, such as the movement of a touch on a touch screen. There must be instructions for the computer to apply the one or more heuristics and determine the desired command for the device from the finger contacts.
20
Claim 1 clause 8
Element Interpretation Portfolio Wall Product
and instructions for processing the command Executes the commands. Inherently a processor-driven device uses instructions to process commands.
wherein the one or more heuristics comprise
21
Claim 1 clause 8
Element Interpretation Diamond Touch Product
and instructions for processing the command Executes the commands. Inherently a processor-driven device uses instructions to process commands.
wherein the one or more heuristics comprise
22
Claim 1 clause 8
Element Interpretation Toshiba Mobile Display Product
and instructions for processing the command Executes the commands. Inherently a processor-driven device uses instructions to process commands.
wherein the one or more heuristics comprise
23
Claim 1 clause 9 (vertical scrolling)
Element Interpretation Portfolio Wall Product
a vertical screen scrolling heuristic for determining that the one or more finger contacts correspond to a one-dimensional vertical screen scrolling command rather than a two-dimensional screen translation command based on an angle of initial movement of a finger contact with respect to the touch screen display A heuristic (implemented as a program) that looks for initial vertical movement of the finger(s) and decides that strictly vertical scrolling is desired even though the finger may move off a vertical path after initial contact. According to the video, there is a horizontal screen scrolling heuristic, which can anticipate a vertical screen scrolling heuristic for determining that the one or more finger contacts correspond to a one-dimensional vertical screen scrolling command rather than a two-dimensional screen translation command based on the angle of initial movement of a finger contact with respect to the touch screen display. Hence this is due to obviousness.
24
Claim 1 clause 9 (vertical scrolling)
Element Interpretation Diamond Touch Product
a vertical screen scrolling heuristic for determining that the one or more finger contacts correspond to a one-dimensional vertical screen scrolling command rather than a two-dimensional screen translation command based on an angle of initial movement of a finger contact with respect to the touch screen display A heuristic (implemented as a program) that looks for initial vertical movement of the finger(s) and decides that strictly vertical scrolling is desired even though the finger may move off a vertical path after initial contact. According to the videos, there is a vertical screen scrolling heuristic, where the user moves the finger and the screen locked into the movement of the finger.
25
Claim 1 clause 10 (2D Translation)
Element Interpretation Portfolio Wall Product
a two-dimensional screen translation heuristic for determining that the one or more finger contacts correspond to the two-dimensional screen translation command rather than the one-dimensional vertical screen scrolling command based on the angle of initial movement of the finger contact with respect to the touch screen display A heuristic (implemented as a program) that looks for initial movement of the finger(s) not close to vertical and decides that some degree of diagonal (vertical and horizontal) scrolling is desired rather than strictly vertical scrolling. The Portfolio wall uses a two-dimensional screen translation heuristic for determining that the one or more finger contacts correspond to the two-dimensional screen translation command rather than the one-dimensional vertical screen scrolling command based on the angle of initial movement of the finger contact with respect to the touch screen display. A gesture up to the right enabled annotation.  Down to the right launched the application associated with the image. 
26
Claim 1 clause 11 (slideshow)
Element Interpretation Portfolio Wall Product
and a next item heuristic for determining that the one or more finger contacts correspond to a command to transition from displaying a respective item in a set of items to displaying a next item in the set of items. A heuristic (implemented as a program) that looks for an unspecified finger(s) contact to move stepwise from item to item in a set rather than scroll through the set. An example reciting the text of this clam clause refers to an image in an album of images. The Portfolio Wall uses a next item heuristic for determining that the one or more finger contacts correspond to a command to transition from displaying a respective item in a set of items to displaying a next item in the set of items. -The video makes this apparent
27
Claim 1 clause 11 (slideshow)
Element Interpretation Toshiba Mobile Display Product
and a next item heuristic for determining that the one or more finger contacts correspond to a command to transition from displaying a respective item in a set of items to displaying a next item in the set of items. A heuristic (implemented as a program) that looks for an unspecified finger(s) contact to move stepwise from item to item in a set rather than scroll through the set. An example reciting the text of this clam clause refers to an image in an album of images. Toshiba Mobile Display could clearly be used to navigate through a set of items. The description and image show this feature.
28
Is the '949 Invalid?

• Based on the prior art of Portfolio Wall, Diamond
  Touch and Toshiba Mobile Display yes.
• Although Portfolio Wall is not a piece of
  hardware, when implemented on a computing device,
  the software interacts with the hardware to make
  a finger(s) touch-based device.
• Portfolio Walls heuristics were similar to
  touch-based mobile devices available today.
• The combination of the vertical scrolling from
  Diamond Touch and slideshow from Toshiba Mobile
  Display also contribute to the heuristics in
  todays touch-based mobile devices.

29
Prior Art for '381 Patent?

• Finding prior art for the 381 patent has been
  difficult to find document edge in screen
  auto-displays to configuration.

30
The End

• Questions Answers
• References
• http//www.engadget.com/2009/01/28/apple-vs-palm-t
  he-in-depth-analysis/continuedengadget.com/2009/0
  1/28/apple-vs-palm-the-in-depth-analysis/23contin
  ued
• http//www.billbuxton.com/multitouchOverview.html