UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`16/181,542
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`11/06/2018
`
`Wataru OKAMOTO
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`AOYAP0201US
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`1015
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`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 441 15
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`WENDMAGEGN GIRUMSEW
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`ART UNIT
`2484
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/18/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`0,7709 A0170” Summary
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`Application No.
`16/181,542
`Examiner
`GIRUMSEW WEN DMAGEGN
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`Applicant(s)
`OKAMOTO et al.
`Art Unit
`AIA (FITF) Status
`2484
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 08/05/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—2 and 4—7 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1—2 and 4—7 is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)I:l Some**
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`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20191112
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`

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`Application/Control Number: 16/181,542
`Art Unit: 2484
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Response to Arguments
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`Applicant’s arguments with respect to claims1—2, 4—7 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the current
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`rejection.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forth in section 102, if the differences between the claimed invention
`and the prior art are such that the claimed invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having ordinary skill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
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`Claims 1-2, 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Tokutake
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`US 2011/0249861, in view of Yomagami et al US 2005/0044489(hereinafter Yomagami).
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`Regarding claim1,Tokutake teaches an information processing apparatus (fig. 1)
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`comprising: a display (fig. 1 display unit 13); an operation receiver to receive an instruction
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`indicating a switch of a candidate image from a user (fig. 1 operating unit 14, [0056]; [0015],
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`user interface to receive user selection of object image); a storage to store movie data from
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`

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`Application/Control Number: 16/181,542
`Art Unit: 2484
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`Page 3
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`which still image data is generated (fig. 1 data storage unit 17for storing the moving image
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`content data, [0069]); and a controller to control the display to display a selection screen via
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`which a frame image to be stored as a still image is selected from the movie data(fig. 1 image
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`processingfunction unit 10a, [0085]), the selection screen including the candidate image that is
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`displayed as a candidate for a frame image to be selected(fig. 6-8 showsframes identified
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`corresponding to specified objects in the user selected object image, [0103-014], [0110]), first
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`marker information indicating a position of a frame marked by the user in a plurality of frames
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`composing the movie data, and second marker information indicating a position of a
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`frame marked automatically based on a feature in the plurality of frames composing the movie
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`data(fig. 6-7 the time point TP indicating the playback point in time of the identified frames
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`(RP), [0105]); and move a frame position of the candidate image based on the position
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`indicated by the first marker information or the second marker information in a case where the
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`operation receiver receives the instruction([0019], [0067], [0083], [0091], when the user select
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`one of the identified images on the progress bar, the playback position(playback time) of the
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`moving image is moved to the corresponding position) does not teach the first marker
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`information and the second marker information are displayed in a manner that makes the
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`first marker information and the second marker information visually distinguishable from each
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`other
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`Yamagami teaches the first marker information and the second marker information are
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`displayed in a manner that makes the first marker information and the second marker
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`information visually distinguishable from each other ([0283], edit candidate mark is displayed
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`in distinguishable form having a color, shape or the like different from that of a reproducing
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`

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`Application/Control Number: 16/181,542
`Art Unit: 2484
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`Page 4
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`point mark(MKs); [0133-0135], [0258], user performs marking on the time line of the video as
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`show in fig. 15 MK1-MK3, and the CPU generates and display marks ST1-ST3(dotted marker)
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`which are different from the Mark MK1-Mk3 as shown in fig. 16).
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`It would have been obvious to a person having ordinary skill in the art before the
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`effective filing date ofthe claimed invention to distinguish different marks as in Yamagami such
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`that the editor/user would easily identify the purpose ofthe mark associated with the
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`frame/image of the video.
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`Regarding claim2, Tokutake teaches the information processing apparatus according
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`to claim 1, wherein the operation receiver receives an instruction indicating selection of a type
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`of the first marker information and a type ofthe second marker information to be displayed on
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`the selection screen(fig. 6-8, [0019], [0067], [0083], [0091], when the user select one of the
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`identified images on the progress bar using cursor CP , the playback position(playback time)
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`of the moving image is moved to the corresponding position).
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`Regarding claim4, Tokutake teaches the information processing apparatus according to
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`claim 1, wherein the selection screen further includes playback position information indicating
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`the frame position of the candidate image and time axis information provided corresponding to
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`a time axis ofthe movie data, and the playback position information, the first marker
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`information, and the second marker information are arranged and displayed on the time axis
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`

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`Application/Control Number: 16/181,542
`Art Unit: 2484
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`Page 5
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`information (fig. 6-7 the time point TP indicating the playback point in time of the identified
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`frames displayed on the progress bar, [0105]).
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`Regarding claim5, Tokutake teaches the information processing apparatus according to
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`claim 1, wherein the second marker information is given only to a representative frame position
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`in a case where the feature is detected within a certain period ([0023], [0032], singleframe
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`representative of the plurality offrames over a predetermined time period, [0087-0088]).
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`Regarding claim6, Tokutake teaches
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`the information processing apparatus according
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`to claim 1, wherein the second marker information is given to one frame selected from a group
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`of frames automatically detected based on the feature in each period ([0023], [0032], single
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`frame representative of the plurality offrames over a predetermined time period, [0087-
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`0088]).
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`Regarding claim7, Tokutake in view of Yamagami teaches all the limitations of claim1
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`above but does not teach a maximum number of pieces ofthe second marker information
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`simultaneously displayed or the selection screen is limited to a set value. However, it is old and
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`well known in the art to limit the number of images (selection screen) to be displayed
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`simultaneously to a set value. Therefore official notice is taken.
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`It would have been obvious to a person having ordinary skill in the art to limit the
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`number of images displayed simultaneously because it would allow the display device to display
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`sufficiently large enough size image to the user to understand/recognize the content ofthe
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`images.
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`

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`Application/Control Number: 16/181,542
`Art Unit: 2484
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`Page 6
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to GIRUMSEW WENDMAGEGN whose telephone number is
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`(571)270—1118. The examiner can normally be reached on 9:00—7:00 PM.
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`using a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Thai Tran can be reached on (571) 272—7382. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273—8300.
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`GIRUMSEW WENDMAGEGN
`
`Examiner
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`Art Unit 2484
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`

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`Application/Control Number: 16/181,542
`Art Unit: 2484
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`/G|RUMSEW WENDMAGEGN/
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`Examiner, Art Unit 2484
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`Page 7
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