Ugh. This is NOT something that should be patentable. Gestures are not patentable. In all seriousness, I myself thought of this exact idea like 5 years ago. The patent system is insane.
I'm sure you examined the prosecution history and the claims of this application to come to the conclusion that this shouldn't be patentable.
Also, you're right that gestures are not patenetable. That's why the claims do not recite gestures, only a device that receives a gesture input. The device is being claimed, not the gesture itself.
All this being said, I am surprised at the broadness of claim 1. I didn't have a chance to the read the specification in detail, but even assuming the spec fully describes the claimed invention, I am surprised that a claim that broad was allowed, since the limitations in the spec are not to be read into the claims.
I would think there would have to be SOME additional limitation, such as a subcomponent or device that could do the "measuring a distance between the finger or the pointing device and the surface of the display." None of the dependents seem to have any limitation to support the measuring of the distance.
Claim 5 also doesn't seem to have any support in the claim itself "imparting an initial speed to the representation of the 3D object according to a force represented by the gesture input."
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That claim doesn't say nothing about the proximity sensor, still waiting about it. Try again.
You're exactly right...see my note above. And a great example of how people make stuff up and try to read it into the claim
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it does. keep reading the rest of the claim for this device... scroll down to where they discuss the appratus used to detect the movement...
the sensor module comprises a touch sensor and a proximity sensor, the touch sensor detecting touch inputs and gesture inputs having movements along the surface, the proximity sensor in combination with the touch sensor detecting gesture inputs having the perpendicular movement components.
...there ya go, pal. youve lost.
I think the discussion was about claim 1, and not claim 28...which roots back to claim 25. So you're not even discussing the same claim...