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`AMENDMENT ''C"
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`APPLICANT:
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`Heinz Mattes
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`GROUP ART UNIT: 2743
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`SERIALNO.:
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`081877,488
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`EXAMINER: G. Eng
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`FILINGDATE:
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`INVENTION:
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`APPARATUS AND METHOD FOR RECORDING,
`COMMLINICATING AND ADMINISTERING DIGITAL IIIS.GES
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`Hon. Assistant Commissioner for Patents
`Washington D.C. 20231
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`*O
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`SIR:
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`In response to the Office Action dated May 26,1999, amend the above-identified
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`application as follows :
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`IN THE CLAIMS
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`Add new claim 27 as follows:
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`A digital image recording and administering apparatus, comprising:
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`a portable telephone unit, including:
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`a telephone portion having a keypad, a microphone, a speaker, an antenna, and a
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`transmitter/receiver for telephone communications ;
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`a digital still camera in said portable telephone unit, said digital still camera having a
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`lens, a shutter and a digital still image pickup ;
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`Ex. GOOG 1016
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`adataplocessorconnectedtoreceivedigitalstillimagedatafromsaiddigitalstill
`image pickup and perform a compression to generate comprcssed digital still
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`image data;
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`a memory in said portable telephone unit, said memory connected to receive and store
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`said compresSed digital still image data from said data processor;
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`. a classification information unit in said portable telephone unit, said classification
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`informationunitallocatingclassiffinginfo;rnationpertainingtothedigital
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`stillimageasprescribedbyauseroftheportabletelephoneunittothedigital
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`stillimagedata,saidclassificationinformationunitincludingmeanstoreceive
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`audioinformationftomtheuserastheclassificationinformationandto
`allocate the classification information to ihe corresponding digital still image
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`data;
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`a server computer, including:
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`areceivingunitoperabletoreceivedatasentfromsaidportabletelephoneunit,saic
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`received data including the compressed digital still image data;
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`anarralysisunitconnectedtosaidreceivingunittoextracttheclassification
`information ftom data sent from said portable telephone unit, said analysis unit
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`extracting the classification information conesponding to the audio
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`informationfromtheuserandallocatedtothedigitalstillimagedata;
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`a memory in said server for storing the compressed digital still image dat4 said
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`mernory provrding access to said compress digital still image data as an image
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`archive in accordance with the classification inforrration: and
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`a transmission system operable to communicate between said portable telephone unit and
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`servef.
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`lfdd new claim 28 as follows:J
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`dlK. f aigital image recording and administering apparatus as claimed in claim,%
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`wherein said classification information unit in said portable telephone unit includes a speech
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`recognition unit which converts said audio information from said user to text data that is
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`allocated to the digital still image data.
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`REMARKS
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`In the Office Action, thsExaminer
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`rejected claims 1, 10- 12, 16,25 and26 as obvious over Tatsumi in view of
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`Makiyama,
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`rejected claim 2 as obvious over Tatsumi and Makiyama in view of Parulski '159,
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`rejected claims 3 - 9, 13 nd l7 - 24 as obvious over Tatsumi and Makiyama in view
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`ofParulski'678.
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`rejected claim 14 as obvious over Tatsumi and Makiyama in view of Morin, and
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`rejected claim 15 as obvious over Tatsumi and Makiyama in view of Nguyen.
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`B.
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`C.
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`D.
`E.
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`3s u.s.c. $ 103
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`The present invention provides a system for recording, communicating and
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`administering digital images for easy tracking' A telephone unit' such as a wireless
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`telephone,isprovidedwithadigitalimagepickup,suchasadigitalcamera'Afterrecording
`the images, the digital camera har\smits classifrcation information with the digital images'
`The images are transmitted to a server which has an analysis unit to analyze data for
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`classificationinformahonto'classifftheimagesforreadyaccessinanarchive.The
`classification information may be audio data that the user has spoken into the telephone unit'
`in a combined
`A.
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`The examiner cites Tatsumi et al' (U' S' Patent number 5'549
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`'736)
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`view with Makiyama et al. (U.S. Patent number 5,640'198)'
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`Tatsumietal.(J.S'Patentnumber5,54g,736)disclosesacommunicationsystemthat
`operates according to the H.261 video communication standard for the transmission of digital
`image data. The procedure according to Tatsumi is underlying the object ofimproving
`known communication systems, which store transmitted data in a multiplexed form'
`conceming a more efficient storage of the data' Tatsumi solves this problem by a
`communication system according to the H'26i video communication standard wherein the
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`multiplexeddataaredemultiplexedafterthetransmission'arepartlyerror-correctedand
`stored. The communication system described in Tatsumi has a communication unit with a
`telephone, with an image detection means, a processing unit and a conhol unit' as well as a
`data processor with a reception unit and a stomge' Over and above this' the communication
`system comprises a hansmission means via which data are transmitted between the
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`communicationunitandthedataprocessor'Thecomponentsofthecommurricationsystem
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`areestablishedaccoldingtotheH'26lvideocommunicationstandard.TheTatsumi
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`reference addresses problems of regenerating the video data in video phone system, which
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`includes providing a time stamp op the data.
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`In comparison with Tatsumi, the present invention addresses a different problem. The
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`underlying problern addressed in the present invention is that of creating a communication
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`system for the pick-up and adminishation of digital images wherein the administration and
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`archiving of digital images is caried out in a simple, fast and clear fashion. Further, the
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`invantion provides a procedure for the pick-up and adminishation of digital images with
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`which a simple, fast and clear archiving of digital images becomes possible. Thus, the
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`present invention is addressing a different probiem than the Tatsumi reference, and so one
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`would not tum to Tatsumi when looking for solutions to the problems addressed by the
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`present invention.
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`The solution according to the invention is a different one than the solution Tatsumi
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`gives. The communication system according to the invention contains a telephone unit, a
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`server and a hansmission system for the kansmission of data from the telephone unit to the
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`server. The telephone unit contains a digital image pick-up unit that exhibits the functionality
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`ofa digital camera" a telephone storage for the storage of digital images and a data processor
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`for the processing of digital images. Further, the sever has a reception unit, an analysis unit
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`for the analysis ofthe data that are sent by the telephone unit, regarding ordering features, as
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`well as a storage for the storage of digital images. Given the storage, the ordering features
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`that respectively characterize the digital images and are extracted from the data are
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`considered.
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`Tatsumi does not contain a teaching conceming a transmitted image data sheam that
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`respectively exhibits ordering features with respect to individual images of the data stream.
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`Besides, Tatsumi also does not contain a teaching conceming an analysis of the received data
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`stream with respect to ordering feaftres that are contained in the data stream, whereby an
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`automatic archiving of image data ensues depending on said ordering features in a seryer.
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`Makiyamaetal.(U.S'Patentnumber5,640,19s)describesacommunicationsystem
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`with which not only image data that have a cIF format can be processed but also image data
`that have a QCIF format. CIF is part of.a video digitization and lossy compression scheme in
`accordance with H.261 which is used for MPEG and analog video, such as for video
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`conferencing. The cIF forrnat (common Interrnediate Format) is fi.rll screen at a resolution
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`of352 x 288 pixels at 30 frames per second, while QCIF is 176 x 144 pixels' The
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`communication system described in Makiyama is underlying the object of proposing an
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`arrangement in which image data are stored in the cIF format and which can exchange data
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`not only with a communication unit that transmits image data in the cIF format but can also
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`exchange data with a communication unit that hansmits image data in the QCIF format.
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`Therefor, the present invention is also addressing a different problern than the Makiyama
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`reference.
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`The solution according to the present invention is also a different one than the
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`solution that is given in Makiyama.
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`Given the communication system according to Makiyama, image data' which either
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`have a cIF format or a QCIF format, are transmitted from a terminal to a receiver. The
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`receiver detects the respective format of the received image data and calls for associated
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`image data that are stored in a storage in the CIF fonnat. When the received image data have
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`been received in a QCIF format, the demanded image data are then converted from the CIF
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`format into the QCIF format. Subsequently, the demanded image data and, as waffanted, the
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`conveded imase data are transmitted to the terminal.
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`Makiyama also does not contain a teaching concerning an ordering feature depending
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`on which an automatic archiving of the image data ensues in a server. Therefore, Makiyama
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`does not contain any teachings with respect to an analysis ofa received image data sfeam
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`conceming ordering features contained in the data stream for archiving image data, and there
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`is also no teaching regarding an automatic archiving of the image data in reference to the
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`ordering features. Therefore, it has not been shown why someone skilled in the art would
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`combine the document Makiyama with the document Tatsumi, since Makiyama does not
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`contain a teaching regarding the objective of the present invention and also does not contain a
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`teaching regarding the solution ofthe invention.
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`Even if someone skilled in the art combined the teachings of Makiyama with the
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`teachings of Tatsumi, they would not arrive at the invention. These two references relate to
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`video conferencing under the H.261 standard. Neither mentions a telephone and digital still
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`camera in combination. Neither Tatsumi nor Makiyama contail a teaching with respect to an
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`inventively utilized organization information and an archiving ofdigital image data that is
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`carried out by taking the organization information into consideration.
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`overandabovethis,theinventivecommtmicationsystemexhibitsavarietyof
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`advantages that are particularly substantiated in the feature combination, which is disciosed
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`by the invention. Apart from the speech data that is transmitted given conventional telephone
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`systems,alsostillframes,i.e.photographs,canbetransmittedwiththeinventive
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`communication system. The transmitted data at least contain the digital images that are
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`picked up with the telephone unit. Classifuing information are extracted from the data in the
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`analysis unit and are utilzed for storing the digital images such that these can easily be found
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`again, even given a great number of digital images that are to be stored and administered.
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`Thus, it is possible to carry out an automatic archiving of the digital images in the server'
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`Due to the fact that the storage ensues depending on extracted classiffing information, which
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`characterize the individual digital images, a simple, fast and clem archiving ofdigital images
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`is automaticallY carried out.
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`Therefore, the invention exhibits novelty and a non-obvious improvernent over the art
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`cited by the examiner, particularly with respect to Tatsumi and also Makiyama, individually
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`and also when combined, regarding the problem and solution, as well as regarding their
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`specific advantages.
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`B. Parulski .159 teaches a digital camera connected to a portable computer that is in turn
`connected to a radio-frequency transmitter. Parulski ' 159 requires the intervention of a
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`computer between the camera aad the transmitter. The present invention avoids this and even
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`orovides the transceiver and camera as a single unit. Again, there is no incentive or teaching
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`to combine this reference with Tatsumi and Makiyama et al. since Tatsumi and Makiyama
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`relate to video conferencing and Parulski relates to a digital camera. It is only the present
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`disclosure whioh would lead one to make this combination.
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`C. Parulski '678 describes a camera for capturing still images, whereby the camera
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`comprises an input unit for the assigning ofcategories into which the subsequently registered
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`digital still images are classified. The user of the camera selects a category for classiffing an
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`image using a user control. The still impges are stored in a memory of the camera. It is
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`stated in Parulski that the images are stored in a memory which is removable from the
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`camera. The moment the memory in the camera is full, the memory is removed from the
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`camera, and the data are transferred to a computer. The computer stores the transferred image
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`data in a data base so that a user can search images of a specifiable category in the database'
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`In the camera according to Parulski, the replacernent of the memory and the manual
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`transfer of the memory contents to a server are required. It is thus always necessary, after the
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`pickup of the images, for the user of the camera to travel from his image capture location to
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`the location at which the sewer is located and to preform the transfer ofthe image data on the
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`server there.
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`But it is precisely this significant disadvantage which is avoided by the invention.
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`According to the invention, it is possible to hansfer the image data to a server via a
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`communication connection directly following the pickup of the images, where they are t}ten
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`automatically archived with the aid of the ciassifoing information. This leads to a
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`significantly improved flexibility, precisely in the applications addressed in Parulski in the
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`insurance field, where the point is to record damage at various accidents at various times and
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`at various locations. However, there is a significant disadvantage in Parulski in this
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`application, in that, because bf the number ofthe accidents to be investigated, the memory of
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`the camera is filied quickly, and the user of the camera either has to carry several
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`exchangeable memory media and then constantly replace ihe memory media when a memory
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`is respectively filled, or he must travel to "his office" every time the memory is filled and
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`transfer the data from the camera memory to the memorv of the server.
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`The combination of these references still does not suggest the present invention.
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`The Examiner admits that the combination ofreferences does not show classification
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`information as audio dat4 spoken language, time informatiorl telephone number or location
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`information. Applicant respectfully submits that without a suggestion in the art of these
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`features. the invention is oatentable.
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`D. Morin discloses a langrage acquisition system. Its focus is in natural language
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`modeling. No incentive is found for this system to be used with an image capture or image
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`classification and storage system.
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`There is no reason other than the present application to combine this reference with
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`the other cited art.
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`E. Nguyan discloses a relational database management utilized over the world wide web
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`portion of the Intemet. There is no incentive for one of skill in the art to turn to this reference
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`when considering an image captule, classification and storage system using a radio telephone
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`and digital camera. Even in combinatior; this reference would not suggest the invention.
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`The Examiner's reasoning for combining this reference with the others is that the
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`Intemet if popular nowadays. This, however, is not the standard by which the patentability of
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`an invention is determined. It is the state of the art at the time that the application was filed.
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`The incredibly rapid growth in the popularity of the Internet causes one to forget that it was
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`no so popular not so long ago. A prima facie case ofobviousness is only made when the
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`invenfion is suggested in the publication art.
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`Absent some teaching or incentive in the prior art to combine the cited references in
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`the way suggested by the Examiner, the invention is non-obvious thereover. As such,
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`Applicant respectfully submit that the claimed invention is non-obvious.
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`New Claims
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`New claims 27 and 28 are added, which further define the invention and are
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`oatentable over the cited art.
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`Conclusion
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`Each of the issues raised by the Examiner has been addressed. Early favorable
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`reconsideration and allowance is hereby requested.
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`Respectfu lly submitted,
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`vin A. Robinson 1Reg. No. 31,870)
`Hill & Simpson
`A Professional Corporation
`S5th Floor Sears Tower
`Chicago, Illinois 60606
`Telephone: 312-87 6-0200 ext. 1044
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`ATTORNBY FOR APPLICANT
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`CERTIFICATE OF MAILING
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`I hereby certiff that this conespondence is being deposited with the United States
`Postal Service as First Class Mail in an envelope addressed to:
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`The Assistant Commissioner for Patents
`Washinglon, D.C.20231
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`on August 26, 1999.
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