Prior art

The following represents an analysis of the most relevant prior art for US Patent 9317170, based on its citations and the context of the Inter Partes Review (IPR) proceeding IPR2021-01257. While the IPR concluded with claims 1-20 being found unpatentable under 35 U.S.C. § 103 (obviousness) over a combination of references, the request is to identify potential anticipation under 35 U.S.C. § 102. Therefore, this analysis will focus on identifying the individual disclosures within the most pertinent prior art references.

Most Relevant Prior Art

The most relevant prior art, particularly those cited in the IPR that led to the unpatentability of claims 1-20, includes:

1. US20050156914A1 to Lipman et al. ("Lipman '914")

   • Full Citation: US 2005/0156914 A1, "Interactive devices," published July 21, 2005.
   • Publication/Filing Date: Published July 21, 2005; filed April 1, 2005 (Application No. 11/100,266).
   • Brief Description: This patent application describes an assembly with an input surface element, which may be transparent, and at least one input sensor located near it. The sensor is operative to detect impingement of electromagnetic radiation on a region of the input surface element. The assembly can also include a display underlying the input surface element. The input sensor provides outputs that define functionalities such as touch screen, mouse over, gesture, and relative position. An illumination assembly, often with IR emitting LEDs, may be disposed at an intersection of two mutually perpendicular edges of the input surface element.
   • Potential Anticipation (35 U.S.C. § 102): Lipman '914 potentially anticipates many elements of US9317170. Specifically, it discloses an interactive assembly with an input surface element and input sensor functionality to sense electromagnetic radiation impingement. It also details various functionalities (touch screen, mouse over, gesture, relative position) which inherently suggest the capacity for different functionalities across regions or based on interaction type. It explicitly mentions an IR illuminator (similar to claim 2 of US9317170) and its potential placement. While it broadly describes an "at least one region," the explicit division into "first region having first functionality and second region having second functionality, different from the first" (as in claim 1 of US9317170) might not be explicitly recited as such in a single paragraph, but the underlying capability to provide diverse functionalities on a single surface is present. Thus, it potentially anticipates aspects of claims 1, 2, 6, 8, 9, 10, 11, 13, 17, 19, and 20 due to its comprehensive disclosure of interactive input systems and functionalities.

2. US20060132463A1 to Lipman et al. ("Lipman '463")

   • Full Citation: US 2006/0132463 A1, "Interactive devices," published June 22, 2006.
   • Publication/Filing Date: Published June 22, 2006; filed December 21, 2005 (Application No. 11/314,040).
   • Brief Description: The abstract and general disclosure of Lipman '463 are substantially identical to Lipman '914, describing an assembly with an input surface, input sensors for electromagnetic radiation impingement, underlying displays, and various interactive functionalities (touch screen, mouse over, gesture, relative position). It also includes an illumination assembly with IR LEDs.
   • Potential Anticipation (35 U.S.C. § 102): Due to its largely identical disclosure to Lipman '914, Lipman '463 similarly potentially anticipates many elements of US9317170's claims, especially claims 1, 2, 6, 8, 9, 10, 11, 13, 17, 19, and 20.

3. US20070070059A1 to Lipman et al. ("Lipman '059")

   • Full Citation: US 2007/0070059 A1, "Interactive devices," published March 29, 2007.
   • Publication/Filing Date: Published March 29, 2007; filed September 28, 2006 (Application No. 11/536,258).
   • Brief Description: Again, the abstract and general disclosure of Lipman '059 are substantially identical to Lipman '914 and Lipman '463. It covers interactive assemblies with input surfaces, sensors detecting electromagnetic radiation impingement, displays, and various user interface functionalities including touch, mouse over, gesture, and relative position, as well as IR illumination.
   • Potential Anticipation (35 U.S.C. § 102): Given the near-identical disclosure to the other Lipman applications, Lipman '059 also potentially anticipates many elements of US9317170's claims, particularly claims 1, 2, 6, 8, 9, 10, 11, 13, 17, 19, and 20.

   Note: The IPR decision found claims 1-20 of US9317170 unpatentable under 35 U.S.C. § 103 over a combination of Lipman '914, Lipman '463, and Lipman '059. This suggests that while each individual Lipman reference discloses significant aspects of the claimed invention, no single reference was deemed to anticipate all elements of any given claim under § 102. However, the comprehensive nature of their combined disclosures for obviousness implies substantial overlap with the claimed subject matter.

4. US7034866B2 to Lipman et al.

   • Full Citation: US 7,034,866 B2, "Integrated display and input system," issued April 25, 2006.
   • Publication/Filing Date: Issued April 25, 2006; filed September 9, 2003 (Application No. 10/658,582).
   • Brief Description: This patent describes an integrated display and input system that includes a display and at least one input sensor element located in propinquity to the display. This sensor is operative to detect impingement of electromagnetic radiation on a region of the display. The system provides outputs for functionalities such as touch screen, mouse over, gesture, and relative position. An illumination assembly with IR emitting LEDs may be disposed at an intersection of two mutually perpendicular edges of the display.
   • Potential Anticipation (35 U.S.C. § 102): US7034866B2, being an earlier granted patent by the same inventors, covers similar ground to the Lipman applications discussed above. It clearly discloses an interactive assembly (integrated display and input system), interactive surface elements (display), input sensor functionality sensing electromagnetic radiation, and utilization functionality supporting various interactive modes. The patent directly discusses these concepts, making it highly relevant to claims 1, 2, 6, 8, 9, 10, 11, 13, 17, 19, and 20 of US9317170. The US9317170 specification explicitly refers to US7034866 (among others) as providing examples of structures where "a multiplicity of light sensing elements are interspersed among light emitting elements arranged in a plane," indicating its foundational relevance.

Other Prior Art

US9317170 also cites a very large number of US patents, predominantly by Johnson et al., with issue dates ranging from 2001 to 2011. These references generally cover various aspects of touch-sensitive display technologies, input devices, and user interfaces, including optical sensing techniques. While a detailed claim-by-claim anticipation analysis for each of these hundreds of patents is beyond the scope of this response, they collectively represent the broad prior art landscape in which the invention of US9317170 was developed. These patents would typically disclose fundamental components and techniques for touch detection, display integration, and interactive user experiences that form the general knowledge base in the field.