There's some interesting reading to be done on the earlier February case. I can't link to the actual document, but you can use USPTO PAIR (their public information access system) to read the correspondence. Instructions on how to use the system are here: http://intellogist.wordpress.com/2010/08/03/using-uspto-public-pair-part-1/ If you get past the recaptcha and enter "7,657,849" after choosing the "patent" radial button, you can get to the USPTO record. Click the "Image File Wrapper" tab, and check out, among other things, the "Applicant Arguments/Remarks Made in an Amendment" document filed 6/10/2009. Here, looks like the examiners tried to make a rejection on previous gesture patents, but apple's claims specifically state "moving an unlock image along a pre-defined path."