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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Confirmation No. 8893
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`In re application of
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`Billmaier et al.
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`Application No. 12/356,486
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`Filed: January 20, 2009
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`For: SYSTEM AND METHOD FOR
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`FOCUSED NAVIGATION USING
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`OPTION TYPE FILTERS
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`Group Art Unit: 2179
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`Examiner: Xiomara L. Bautista
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`Attorney Docket No. 34395/430
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`Date: November 30, 2009
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`AMENDMENT & RESPONSE
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`TO THE COMMISSIONER FOR PATENTS:
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`In response to the Office Action mailed August 31, 2009, please amend the
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`above-identified patent application as follows.
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`Amendments to the claims are reflected in the Listing of Claims that begins
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`on page 2 of this paper.
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`Remarks begin on page 9 of this paper.
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`P. 1
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`SONY - Ex.—1005
`Sony Corporation - Petitioner
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`P. 1
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`SONY - Ex.-1005
`Sony Corporation - Petitioner
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`Listing of Claims:
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`1.
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`(currently amended) A method for navigating options within a user
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`interface, comprising:
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`providing a first set of cards, each card graphically representing a single
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`available option from one of a plurality of option types;
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`providing a user interface including a focus area intersected by a first axis;
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`displaying a set of cards representing filters along the first axis, each filter
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`corresponding to a respective one of the plurality of option types;
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`receiving a selection of a filter in response to a user scrolling the set of filter
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`cards along the first axis to align a corresponding filter card with the focus area;
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`filtering the first set of cards according to the selected filter to produce a
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`second set of cards, the second set of cards only including cards representing the
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`type of option corresponding to the selected filter; and
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`displaying at least a subset of the second set of cards along a second axis that
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`is perpendicular to the first axis, one card being displayable within the focus area;
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`receiving a selection of a second filter in response to a user scrolling the set of
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`filter cards along the first axis to align a second corresponding filter card with the
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`focus area;
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`filtering the first set of cards to produce a third set of cards, wherein each of the
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`cards in the third set differs in type from each of the cards in the second set; and
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`displaying at least a subset of the third set of cards along the second axis.
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`SaltLake—502304J 0034395—00430
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`P.2
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`P. 2
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`2.
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`(original) The method of claim 1, further comprising:
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`scrolling the second set of cards along the second axis in response to a single
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`user action to progressively change the card within the focus area to a next card in
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`the second set; and
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`halting the scrolling of cards in response to a subsequent user action to show
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`a selected card from the second set within the focus area.
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`3.
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`(original) The method of claim 1, wherein each filter comprises filtering
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`criteria, and wherein filtering comprises:
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`comparing each card in the first set to the filtering criteria of the selected filter;
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`and
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`copying each card from the first set that matches the filtering criteria to the
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`second set.
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`4.
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`(original) The method of claim 3, wherein the filtering criteria comprises
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`one or more of a search term, a search attribute, and a logical expression.
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`5.
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`(original) The method of claim 3, wherein each card comprises at least
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`one tag, and wherein comparing comprises:
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`comparing the at least one tag of each card to the filtering criteria of the
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`selected filter.
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`SaltLake—502304J 0034395—00430
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`P.3
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`P. 3
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`6.
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`(original) The method of claim 5, wherein at least one tag indicates a
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`card characteristic from one or more of a genre, a type, a function, and a priority.
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`7.
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`(original) The method of claim 1, wherein the second axis comprises a
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`vertical axis and the first axis comprises a horizontal axis.
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`8.
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`(original) The method of claim 1, wherein at least one filter is user
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`defined.
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`9.
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`(original) The method of claim 1, wherein at least one filter is implicitly
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`defined based on one or more of historical viewing habits and demographics.
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`10.
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`(original) The method of claim 1, wherein the at least one filter is
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`downloaded from a remote server via a broadband network.
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`11.
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`(currently amended) A system for navigating options within a user
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`interface, comprising:
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`a memory for storing a first set of cards, each card graphically representing a
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`single available option from one of a plurality of option types, the memory also storing
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`a set of filter cards, each filter card representing a filter corresponding to a respective
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`one of the plurality of option types;
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`a display interface for presenting a focus area intersected by a first axis, at
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`least a subset of the filter cards being displayed along the first axis; and
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`SaltLake—502304J 0034395—00430
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`P.4
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`P. 4
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`an input interface for receiving a user selection of a filter in response to the at
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`least a subset of
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`filter cards being scrolled along the first axis to align a
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`corresponding filter card with the focus area,
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`wherein the display interface is to display, in response to selection of a filter, a
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`second set of cards comprising at least a subset of thew seeend set of cards along
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`a second axis that is perpendicular to the first axis, one card being displayable within
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`the focus area, the second set of cards only including cards representing the type of
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`option corresponding to the selected filter, and wherein the display interface is further
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`to display, in response to selection of a second filter, a third set of cards comprising
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`at least a subset of the first set of cards wherein each of the cards in the third set
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`differs in type from each of the cards in the second set.
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`12.
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`(original) The system of claim 11, wherein the selected filter comprises
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`filtering criteria, and wherein the selected filter is further adapted to compare each
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`card in the first set to the filtering criteria and copy each card from the first set that
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`matches the filtering criteria to the second set.
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`13.
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`(original) The system of claim 12, wherein the filtering criteria
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`comprises one or more of a search term, a search attribute, and a logical expression.
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`14.
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`(original) The system of claim 12, wherein each card comprises at least
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`one tag, and wherein the selected filter is further adapted to compare the at least one
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`tag of each card to the filtering criteria.
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`SaltLake—502304J 0034395—00430
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`P.5
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`P. 5
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`

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`15.
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`(original) The system of claim 14, wherein at least one tag indicates a
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`card characteristic from one or more of a genre, a type, a function, and a priority.
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`16.
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`(original) The system of claim 11, wherein the second axis comprises a
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`horizontal axis and the first axis comprises a vertical axis.
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`17.
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`(original) The system of claim 11, wherein at least one filter is user
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`defined.
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`18.
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`(original) The system of claim 11, wherein at least one filter is implicitly
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`defined based on one or more of historical viewing habits and demographics.
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`19.
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`(original) The system of claim 21, further comprising:
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`a network interface for downloading at least one filter via a broadband
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`network.
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`20.
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`(currently amended) A system for navigating options within a user
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`interface, comprising:
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`means for providing a first set of cards, each card graphically representing a
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`single available option from one of a plurality of option types;
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`means for providing a user interface including a focus area intersected by a
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`first axis;
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`SaltLake—502304J 0034395—00430
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`P.6
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`P. 6
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`

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`means for displaying a set of cards representing filters along the first axis,
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`each filter corresponding to a respective one of the plurality of option types;
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`means for receiving a selection of a filter in response to a user scrolling the set
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`of filter cards along the first axis to align a corresponding filter card with the focus
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`area;
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`means for filtering the first set of cards according to the selected filter to
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`produce a second set of cards,
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`the second set of cards only including cards
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`representing the type of option corresponding to the selected filter; and
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`means for displaying at least a subset of the second set of cards along a
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`second axis that is perpendicular to the first axis, one card being displayable within
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`the focus area; and
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`means for receiving a selection of a second filter in response to a user scrolling
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`the set of filter cards along the first axis to align a second corresponding filter card
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`with the focus area;
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`means for filtering the first set of cards to produce a third set of cards, wherein
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`each of the cards in the third set differs in type from each of the cards in the second
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`set; and
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`means for displaying at least a subset of the third set of cards along the
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`second axis.
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`SaltLake—502304J 0034395—00430
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`
`P.7
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`
`P. 7
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`

`

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`21.
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`(currently amended) A computer-readable medium comprising
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`instructions that, when executed by a computer, perform a method comprising:
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`providing a first set of cards, each card graphically representing a single
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`available option from one of a plurality of option types;
`
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`providing a user interface including a focus area intersected by a first axis;
`
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`displaying a set of cards representing filters along the first axis, each filter
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`corresponding to a respective one of the plurality of option types;
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`receiving a selection of a filter in response to a user scrolling the set of filter
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`cards along the first axis to align a corresponding filter card with the focus area;
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`filtering the first set of cards according to the selected filter to produce a
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`second set of cards, the second set of cards only including cards representing the
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`type of option corresponding to the selected filter; and
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`displaying at least a subset of the second set of cards along a second axis that
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`is perpendicular to the first axis, one card being displayable within the focus area;
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`and
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`receiving a selection of a second filter in response to a user scrolling the set of
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`filter cards along the first axis to align a second corresponding filter card with the
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`filtering the first set of cards to produce a third set of cards, wherein each of the
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`cards in the third set differs in type from each of the cards in the second set; and
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`displaying at least a subset of the third set of cards along the second axis.
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`SaltLake—502304J 0034395—00430
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`P.8
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`22.
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`(new) The method of claim 1, wherein each of the filter cards represents a
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`filter that differs in type from that of each of the other filter cards.
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`23.
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`(new) The system of claim 11, wherein each of the filter cards corresponds to
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`a respective one of the plurality of option types that differs from each of the other
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`option types.
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`SaltLake—502304J 0034395—00430
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`P.9
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`P. 9
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`Status of the Claims
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`Remarks
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`This paper is filed in response to the Office Action mailed August 31, 2009.
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`Claims 1-21 are pending in the application. All pending claims stand rejected. By
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`this paper, claims 1, 11, 20, and 21 have been amended, and new claims 22 and 23
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`have been added. For at least the reasons set forth below, Applicants submit that
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`each of the pending claims is patentably distinct from the cited prior art and in
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`condition for
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`immediate allowance. Reconsideration of the claims is therefore
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`respectfully requested.
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`Double Patenting
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`Claims 1-21 stand rejected under 35 U.S.C. § 101 as claiming the same
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`invention as that of claims 1-22 of U.S. Patent No. 7,487,459 and of claims 1-48 of
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`U.S. Patent No. 7,055,104. Applicants note that a statutory double-patenting
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`rejection under 35 U.S.C. § 101 is only proper when the two claims recite “identical
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`subject matter.” See MPEP § 804(ll)(A). The subject matter set forth in the original
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`claims was not identical to that of either of the cited issued patents. Moreover, the
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`claim amendments presented herein further differentiate the subject matter of the
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`pending claims from that of the cited patents.
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`It
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`is therefore requested that these
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`claim rejections be withdrawn. Applicants further note that they will consider the
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`submission of a terminal disclaimer should the Office replace the current statutory
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`double-patenting rejections with obviousness-type, non-statutory, double-patenting
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`claim rejections.
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`SaltLake—502304J 0034395—00430
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`10
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`P. 10
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`Specification
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`The Specification is objected to because the phrase “computer-readable
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`medium” in claim 21 was alleged to lack “sufficient antecedent basis in
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`specification.” Office Action at page 2.
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`In response, Applicants note that there is no
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`requirement of having antecedent basis in the specification for terms in a claim. See
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`MPEP § 2173.05 (“The mere fact that a term or phrase used in the claim has no
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`antecedent basis in the specification disclosure does not mean, necessarily, that the
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`term or phrase is indefinite. There is no requirement that the words in the claim must
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`match those used in the specification disclosure. Applicants are given a great deal of
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`latitude in how they choose to define their invention so long as the terms and phrases
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`used define the invention with a reasonable degree of clarity and precision.”).
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`Applicants submit that the phrase “computer-readable medium” is well understand by
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`those of ordinary skill
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`in the art and is sufficiently clear and precise to particularly
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`point out and distinctly claim the invention of claim 21. Moreover, a “computer-
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`readable medium” is one of the phrases suggested by the MPEP for reciting statutory
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`subject matter. See MPEP § 2106.01. Applicants therefore respectfully request that
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`the objection to the specification be withdrawn.
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`Claim Re'ections Under 35 U.S.C.
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`102
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`Claims 1-21 stand rejected under 35 U.S.C. § 102(e) as being allegedly
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`anticipated by U.S. Patent Application Publication No. 2003/0001898 filed by
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`Bernhardson (“Bernhardson”). However, as discussed below, Bernhardson fails to
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`disclose or suggest each of the limitations in any of the pending claims.
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`SaltLake—502304J 0034395—00430
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`11
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`P.11
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`P. 11
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`The Office Action asserts that Bernhardson discloses providing a “first set of
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`cards, each card graphically representing a single available option from one of a
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`plurality of option types. Office Action at page 3. However, because Bernhardson
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`discloses only providing cards of a single type, Applicants respectfully request that
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`the Office reconsider the teachings of Bernhardson as they relate to Applicants’
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`claimed inventions.
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`As the Office Action rightly points out, Bernhardson discloses providing two
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`intersecting sequences of scroll bar elements along horizontal and vertical axes.
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`However, the scroll bar elements along a given axis are not of a different “type” than
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`any of the other elements within the axis. To illustrate, Bernhardson indicates that
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`each of the vertical scroll bar elements V represent “program content.” See, e.g.,
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`Bernhardson at paragraph 25 (“Considering the vertical scroll bar V, the scroll bar
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`elements VO-VM comprise individual object fields in which information concerning
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`sources of program content can be displayed.”) (emphasis added). Sources of
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`program content are all elements of the same “type,” since they all result
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`in a
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`program being displayed. Only the source of the program associated with the
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`Bernhardson elements differs among the various elements.
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`Applicants’ Specification teaches that “[t]he effect of activating the card 200
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`will vary dramatically depending on the type of card 200. For instance, in the case of
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`a card 200 representing a live television program, the GUI 110 may be replaced by a
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`full-size version of the program. Alternatively, activating a card 200 corresponding to
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`a purchase opportunity may result
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`in the display of a web browser directed to a
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`particular website.”
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`Paragraph 44.
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`By contrast,
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`the effect of activating the
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`SaltLake—502304J 0034395—00430
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`12
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`P. 12
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`P. 12
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`Bernhardson elements does not vary, since each of the elements represent program
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`content. Since Bernhardson only discloses providing elements that correspond to
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`program content, Bernhardson fails to anticipate any of the pending claims.
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`Although Applicants’
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`submit
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`that
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`the above-referenced distinctions are
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`sufficient, in and of themselves, to overcome Bernhardson, in the interest of avoiding
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`further delay to issuance of the Application, each of the pending independent claims
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`have been amended herein to provide further clarification. For example, claim 1 has
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`been amended to recite the additional steps of:
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`receiving a selection of a second filter in response to
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`a user scrolling the set of filter cards along the first
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`axis to align a second corresponding filter card with
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`the focus area;
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`filtering the first set of cards to produce a third set of
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`cards, wherein each of the cards in the third set
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`differs in type from each of the cards in the second
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`set; and
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`displaying at least a subset of the third set of cards
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`along the second axis
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`Because Bernhardson only discloses providing scroll bar elements of a single
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`type (i.e., program content),
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`it cannot satisfy these limitations.
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`For example,
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`Bernhardson does not disclose using a first filter to filter a first set of cards to produce
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`a second set, and then using a second filter to filter the first set to produce a third set
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`SaltLake—502304J 0034395—00430
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`13
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`P. 13
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`P. 13
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`of cards, each of which differs in type from each of the cards in the second set. The
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`other independent claims have been amended to include similar clarifying language.
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`For at least the reasons presented above, each of the pending independent
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`claims is patentably distinct from Bernhardson. For at least the same reasons, each
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`of the corresponding dependent claims is also patentably distinct.
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`Conclusion
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`For at least the foregoing reasons, the cited prior art fails to disclose each of
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`the limitations in any of the pending claims. All pending claims, therefore, represent
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`patentable subject matter. A Notice of Allowance is respectfully requested.
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`If any
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`issues remain that could be resolved with a telephone call, the Examiner is invited to
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`contact Applicants’ representative at the telephone number provided below.
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`The Commissioner is hereby authorized to charge any additional fees which
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`may be required in connection with filing of this paper, or credit overpayment, to
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`Deposit Account No. 50-2375.
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`Respectfully submitted,
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`By /Kory D. Christensen/
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`Kory D. Christensen
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`Registration No. 43,548
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`STOEL RIVES LLP
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`One Utah Center Suite 1100
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`201 S Main Street
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`Salt Lake City, UT 84111-4904
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`Telephone:
`(801) 328-3131
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`(801) 578-6999
`Facsimile:
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`14
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`P. 14
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`P. 14
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