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`UNITED STATES PATENT AND TRADEMARKOFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`WWW.USPIO.gov
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`10/113,889
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`03/29/2002
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`JamesA. Billmaier
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`50588/117
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`5969
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`32641
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`7590
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`42/13/2007
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`DIGEO, INC C/O STOEL RIVES LLP
`201 SOUTH MAIN STREET,SUITE 1100
`ONE UTAH CENTER
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`PENG, FRED H
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`2623
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`MAIL DATE
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`12/13/2007
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`DELIVERY MODE
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`PAPER
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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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`PTOL-90A (Rev. 04/07)
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`P.1
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`SONY - Ex.-1013
`Sony Corporation - Petitioner
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`Application No.
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`Office Action Summary
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`10/113,889
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`Fred Peng
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`BILLMAIER ETAL.
`Art Unit
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`2623 |
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`~ The MAILING DATEof this communication appears on the cover sheet with the correspondenceaddress--
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`Period for Reply
`A SHORTENED STATUTORYPERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
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`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
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`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
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`after SIX (6) MONTHSfrom the mailing date of this communication.
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`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
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`- 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).
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`Anyreply received by the Office later than three monthsafter the mailing date of this communication, evenif timely filed, may reduce any
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`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)KX] Responsive to communication(s)filed on 15 October 2007.
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`2a)X] This action is FINAL.
`2b)C] This action is non-final.
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`3)C] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O0.G. 213.
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`Disposition of Claims
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`4)] Claim(s) 1-43 and 45 is/are pending in the application.
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`4a) Of the above claim(s)
`is/are withdrawn from consideration.
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`5)L) Claim(s)
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`6)X] Claim(s) 1-43 and 45is/are rejected.
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`7)L] Claim(s)___ is/are objected to.
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`8)C] Claim(s)___ are subjectto restriction and/or election requirement.
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`Application Papers
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`9)[_] The specification is objected to by the Examiner.
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`0)(_] The drawing(s)filed on
`is/are: a)[_] accepted or b)[_] 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`11)L_] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)L_] Acknowledgmentis madeofa claim for foreign priority under 35 U.S.C. § 119(a)-(d)or(f).
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`a)L] All
`b)[-] Some * c)] Noneof
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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.) Copiesof the certified copies of the priority documents have been receivedin this National Stage
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`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) X Notice of References Cited (PTO-892)
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`2) _] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
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`3) BX] Information Disclosure Statement(s) (PTO/SB/08)
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`Paper No(s)/Mail Date 10/15/2007,
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`U.S. Patent and Trademark Office
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`PTOL-326 (Rev. 08-06)
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`4) CO Interview Summary (PTO-413)
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`Paper No(s)/Mail Date.
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`5) [] Notice of Informal Patent Application
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`6) [] other:
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`Office Action Summary
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`Part of Paper No./Mail Date 20071205
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`P.2
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`P. 2
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`Application/Control Number:
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`10/113,889
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`Art Unit: 2623
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`Page 2
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`Continued Examination Under 37 CFR 1.114
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`1.
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`A requestfor continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
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`1.17(e), wasfiled in this application afterfinal rejection. Since this application is eligible for continued
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`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
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`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
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`submission filed on 10/15/2007 has been entered.
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`DETAILED ACTION
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`Response to Arguments
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`2.
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`Applicant's arguments with respect to claims 1-43 and 45 have been considered but are mootin
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`view of the new ground(s)of rejection.
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`Claim Rejections - 35 USC § 103
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`3.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness
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`rejections setforth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
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`forth in section 102 ofthistitle, if the differences between the subject matter sought to be patented and
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`the prior art are such that the subject matter as a whole would have been obviousatthe time the
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`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
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`Patentability shall not be negatived by the mannerin which the invention was made.
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`4.
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`Claims 1-11, 16, 21-31, 36, 42-43 and 45 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Proehl et al (US 6,690,391 B1) in view of Reichardt et al (US 2005/0172319).
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`Regarding Claims 1, 42 and 43, Proehl discloses a system with corresponding method
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`and computer program product for navigating a plurality of options within a userinterface (FIG.3, -
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`62; Col 1 lines 60-62), the system comprising:
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`P.3
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`P. 3
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`Application/Control Number:
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`10/113,889
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`Art Unit: 2623
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`Page 3
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`meansfor displaying at least a portion of a first sequence of cards along a first axis of the
`userinterface (FIG.10, -104), each card graphically representing a single respective option from a
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`first set of options (FIG.10, 210-222 arefirst set of options);
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`means for obtaining supplemental information related to a first card in the first sequence
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`meansfor scrolling only the first sequence of cards alongthefirst axis through a
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`horizontally and vertically fixed focus area of the userinterface in responseto a single user action
`without scrolling any cards notin the first sequence (FIG.10, -216 is a horizontally and vertically
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`fixed focus area, 104is first set of cards scrolling vertically along a first axis of the user interface;
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`Col 9 lines 24-32);
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`meansfor displaying the related supplemental information whenthe first card is
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`displayed (FIG.8, Watch TV);
`meansfor displaying, in response to the first card being scrolled into the focus area
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`without being otherwise selected by a user, displaying at least a portion of a second sequence of
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`cards along a second axis of the user interface, each card of the second sequence graphically
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`representing a single respective option from a second set of options, the second axis being
`perpendicularto the first axis (FIG.10; when TV icon is scrolled downto the spatially fixed focus
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`area 216, the related TV program information is displayed horizontally across the focus area; Col
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`9 lines 42-54).
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`Proehl is silent about scrolling only the second sequence of cards along the second axis
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`through the same focus area without scrolling any cards not in the second sequence, wherein a
`representation of only one option at a time is scrolled through the focus area, and wherein no
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`card in the first sequencedisplayed alongthefirst axis is subsequently scrollable along the
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`second axis.
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`In an analogousart, Reichardt discloses scrolling only the second sequenceof cards
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`along the second axis (FIG.7B, element 890; horizontal time axis for different programs) through
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`the same focus area (830; for both horizontal time and vertical channel axis) without scrolling any
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`Art Unit: 2623
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`cards not in the second sequence (only programswith different times from HBO channel are
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`scrolled), wherein a representation of only one option at a time is scrolled through the focus area
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`(only one program at a time), and wherein no card in the first sequence displayed alongthefirst
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`axis (880) is subsequently scrollable along the second axis (no channel in the vertical axis is
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`scrollable other than HBO channel 75; Para 81 lines 10-15).
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`It would have been obvious to one of ordinary skill in the art at the time the invention was
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`madeto modify Proehl’s system to include scrolling only the second sequenceof cards along the
`second axis through the same focus area without scrolling any cards not in the second sequence,
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`wherein a representation of onlyone option at a time is scrolled through the focus area, as taught
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`by Reichardt to assist the user with fewer key strokes and reveal more program information by
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`scrolling through different time schedule.
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`Regarding Claims 2, 4, 5, 22, 24 and 25, Proehl further discloses thefirst card comprises
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`a graphical image (FIG.10, -216), the display interface is further adapted to overlay the
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`supplemental information on the graphical image and comprising textual information, wherein the
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`textual information is a description (FIG.18, 410).
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`Regarding Claims 3 and 23, Proehlfurther discloses the display interface is further
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`adapted to display the supplemental information in close proximity to the first card within the user
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`interface (FIG.8, Watch TV).
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`Regarding Claims 6 and 26, Proehl further discloses the supplemental information
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`comprising a program completion indicator (FIG.10, program duration indicating a program
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`completion).
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`P.5
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`P. 5
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`Application/Control Number:
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`Art Unit: 2623
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`Regarding Claims 7-9 and 27-29, Reichardt further does disclose the program completion
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`indicator graphically indicates how muchoftelevision program has been missed and how muchof
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`a television program remains to be watched by oneof a pie chart, a bar graph, and a numerical
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`percentage (Col 3 lines 56-62).
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`It would have been obviousto oneof ordinaryskill in the art at the time the invention was
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`made to modify Proehl’s system to include the program completion indicator graphically indicates
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`how muchoftelevision program has been missed and how muchofa television program remains
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`to be watched, as taught by Reichardt to assist the viewer to determine the selection of the
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`Regarding Claims 10-11 and 30-31, Reichardt further discloses the supplemental
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`information comprising a status indicator and the status indicator providing a status of an event
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`being depicted in a television program (FIG.3, Col 10 lines 28-41).
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`it would have been obvious to one of ordinary skill in the art at the time the invention was
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`made to modify Proehl’s system to include the supplemental information comprising a status
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`indicator and the status indicator providing a status of an event being depictedin a television
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`program, as taught by Reichardt to assist the viewer to select the programming.
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`Regarding Claims 16 and 36, Reichardtfurther discloses the status indicator indicating
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`that a television program represented bythe first card has been recorded (FIG.9, -130, Col 14
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`lines 54-56).
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`Regarding Claim 21, Proeht discloses a system (FIG.3) for navigating a plurality of
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`options within a userinterface (FIG.3, -62; Col 1 lines 60-62), the system comprising:
`a memory (FIG.3, -44, -48) for storing a first sequence of cards and displaying at least a
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`portion of a first sequence of cards alongafirst axis of the user interface (FIG.10, -104; Col 5
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`lines 15-24), each card graphically representing a single respective option from a first set of
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`P.6
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`options (FIG.10, 210-222 are first set of options), wherein the memory is further adapted to store
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`a secand sequenceof cards (FIG.10, the horizontal program information across 216 TV icon),
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`each card in the second sequencegraphically representing a single respective option from a
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`second set of options (eachfield in the second sequence representing a option to select);
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`a networkinterface (FIG.3, -48) for obtaining supplemental information relatedtoafirst
`cardin the first sequence (Col 5 lines 21-24);
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`an input interface (FIG.3, -54) for detecting user actions; and
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`a display interface (FIG.3, -62) configured to:
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`scroll only the first sequence of cards alongthefirst axis through a horizontally and
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`vertically fixed focus area of theuserinterface without scrolling any card notin the first sequence
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`(FIG.10, -216 is a horizontaily and vertically fixed focus area, 104 is first set of cards scrolling
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`vertically along a first axis of the userinterface; Col 9 lines 24-32);
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`display the related supplemental information when the first card is displayed (FIG.8,
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`Watch TV);
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`display, in responseto the first card being scrolled into the focus area without being
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`otherwise selected by a user, at least a portion of a second sequence of cards along a second
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`axis of the user interface, each card of the second sequence graphically representing a single
`respective option from a secondset of options, the second axis being perpendicularto thefirst
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`axis (FIG.10; when TV icon is scrolled down to the spatially fixed focus area 216, the related TV
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`program information is displayed horizontally across the focus area; Col 9 lines 42-54).
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`Proehl is sitent about scroll only the second sequence of card along the second axis
`through the samefocus area without scrolling any cards notin the second sequence, wherein a
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`representation of only one option at a time is scrolled through the focus area..
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`In an analogousart, Reichardt discloses scroll only the second sequenceof card along
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`the second axis through the samefocus area without scrolling any cards not in the second
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`sequence, wherein a representation of only one option at a time is scrolled through the focus area
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`(FIG.7B).
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`P.7
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`P. 7
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`

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`Application/Control Number:
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`Art Unit: 2623
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`Page 7
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`it would have been obvious to one of ordinary skill in the art at the time the invention was
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`made to modify Proehl’s system to includescrolling only the second sequenceof card along the
`second axis through the same focus area without scrolling any cards not in the second sequence,
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`wherein a representation of only one option at a time is scrolled through the focus area, as taught
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`by Reichardt to assist the user with fewer key strokes and reveal more program information by
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`scrolling through different time schedule.
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`Regarding Claim 45, Proehl further discloses the optionsin thefirst set are of a first type
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`(FIG.10, -104, application category), and wherein the options in the secondset are of a second
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`type (FIG.10, -216, status information regarding each application).
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`5.
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`Claims 12-15, 19, 32-35 and 39 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Proeh! et al (US 6,690,391 B1) and Reichardt et al (US 2005/0172319) as applied to Claims 1, 10-11, 21
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`and 30-31 above, and further in view of Knudsonet al (US 6,536,041).
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`Regarding Claims 12 and 32, Proehl and Reichardt disclose the limitations in Claims
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`21,30, 31 and corresponding methods Claims 1, 10, 11 as described above.
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`_ Proehl and Reichardt are silent about a sport event and the status comprising a score.
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`In an analogousart, Knudson discloses the status comprising a score (FIG.3, elements
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`It would have been obvious to oneof ordinary skill in the art at the time the invention was
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`made to combine the teaching of Proehl and Reichardt with the status comprising a score taught
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`by Knudsonto provide real-time data like scores related to the sports program to the user (Col1
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`P.8
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`P. 8
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`

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`Art Unit: 2623
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`Regarding Claims 13-15 and 33-35, Knudson further discloses the status indicator
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`comprising a stock ticker (FIG.27a, Col lines 23-25), a news headline (FIG.3, 98, 100) and
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`weather forecast (Col 15 lines 26-27).
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`Regarding Claims 19 and 39, Proehl and Reichardt disclose all the limitations in Claims
`21 and corresponding methods Claims 1 as described earlier.
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`Proehl and Reichardt do not disclosethefirst card comprising a network address, and
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`wherein the supplemental information is retrieved through a network using the network address.
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`In an analogousart, Knudson disclosesthefirst card comprising a network address, and
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`wherein the supplemental information is retrieved through a network using the network address
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`(FIG.26, 320, 328, 330).
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`It would have been prima facie obvious to one of ordinary skill in the art at the time the
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`invention was made to combine the teaching of Proehl and Reichardtwith the first card
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`comprising a network address, and wherein the supplemental information is retrieved through a
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`network using the network address taught by Knudson to provide convenient internet access for
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`the user.
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`6.
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`Claims 17-18 and 37-38 are rejected under 35 U.S.C. 103(a) as being unpaientable over Proehl
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`et al (US 6,690,391 B1) and Reichardt et al (US 2005/0172319) as applied to Claims 1, 10, 21 and 30
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`above, and further in view of Unger (US 2005/0278759 A1).
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`Regarding Claims 17-18 and 37-38, Proehl and Reichardt discloseall the limitations in
`Claims 21, 30 and corresponding methods Claims 1, 10 as described earlier.
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`Proehl and Reichardt do not disclose the status indicator indicating that a recorded
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`television program represented bythefirst card hasbeen watched and how muchof a recorded
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`television program represented bythe first card has been watched.
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`P.9
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`P. 9
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`

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`in an analogousart, Unger does disclose status indicator indicating that a recorded
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`television program represented bythe first card has been watched and how muchof a recorded
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`television program represented by the first card has been watched (Para 33lines 6-9).
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`it would have been obvious to one ofordinary skill in the art at the time the invention was
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`made to combine the teaching of Proeh! with status indicator indicating that a recorded television
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`‘program represented bythefirst card has been watched and how muchofa recordedtelevision
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`program represented bythefirst card has been watched taught by Ungerto assist the user for
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`subsequentretrieval of the remaining program.
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`7.
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`Claims 20 and 40 are rejected under 35 U.S.C. 103(a) as being unpatentable over Proehl etal
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`(US 6,690,391 B1) and Reichardt et al (US 5,585,838) as applied to Claims 1 and 21 above, and further
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`in view of Cooper (US 2002/0184634 Al).
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`Regarding Claims 20 and 40, Proehl and Reichardt discloseall the limitations in Claims
`21 and corresponding methods Claims 1 as described earlier.
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`Proehl and Reichardt do not disclose the supplemental information is received via an
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`ATVEFtrigger.
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`In an analogous art, Cooper does disclose the supplemental information is received via
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`an ATVEF trigger (Para 50 lines 19-23).
`It would have been prima facie obvious to oneof ordinary skill in the art at the time the
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`invention was made to combine the teaching of Proehl with the supplemental information is
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`received via an ATVEFtrigger taught by Cooperto quickly and easily locate programming of
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`potential interest via an ATVEF trigger mechanism.
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`8.
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`2005/0172319).
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`P. 10
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`

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`Art Unit: 2623
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`Regarding Claim 41, Reichardt discloses a method for navigating a plurality of
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`options within a user interface of an interactive television system, the method comprising:
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`displaying only cards froma first sequence of cards alongfirst axis of the user
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`interface, each card graphically representing a single respective interactive application
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`associated with the interactive television system (FIG.5A; Para 77);
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`in response to a single user action, scrolling only the cards from thefirst
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`sequence along the first axis through a horizontally and vertically spatially fixed focus
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`area of the userinterface without scrolling any cards notin the first sequence to
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`progressively change the card within the focus area to a next card in thefirst sequence
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`(FIG.7B;vertically scroll the channels 880 through the horizontally and vertically spatially
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`fixed focus area 830 without scrolling horizontal axis);
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`in responseto a first card from the first sequence being scrolled into the focus
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`area without a userinitiating a selection action with respectto the first card (FIG.7B;
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`whenscroll vertically to channel 75 HBO), displaying a second sequence of cards along a
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`second axis of the user interface, each card of the second sequence graphically
`representing a single respective option corresponding to the interactive application
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`represented bythe first card (FI1G.7B; Rushmore is displayed), the second axis being
`perpendicularto thefirst axis;
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`scrolling only the cards from the second sequenceof cards along the second
`axis without scrolling any cards notin the second sequence to progressively change the
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`card within the focus area to a next card in the second sequence, wherein a
`representation of only one interactive application or option at a time is scrolled through
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`the focus area; and displaying supplemental information related to the card within the
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`focus area (FIG.7B, 890; scroll horizontally to display different programsat different
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`vertical.
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`Reichardt does not specifically disclosefirst axis is horizontal while the secondis
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`P. 11
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`P. 11
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`Application/Control Number: |
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`10/113,889
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`Art Unit: 2623
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`Page 11
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`Official Notice is taken that it is well knownin the art that the display can be
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`rotated for 90 degrees for viewing purpose.
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`It would have been obvious to one of ordinaryskill in the art at the time the
`invention was made to modify Reichardt’s method toinclude rotation of the display to
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`accommodate the user’s viewing preference.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to Fred Peng whose telephone numberis (571) 270-1147. The examiner can normally be
`reached on Monday-Friday 09:00-18:30.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Vivek Srivastava can be reached on (571) 272-7304. The fax phone numberfor the organization where
`this application or proceeding is assigned is 571-273-8300.
`|
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`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained from
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`either Private PAIR or Public PAIR. Status information for unpublished applications is available through
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`Private PAIR only. For more information about the PAIR system, see hitp://pair-direct.uspto.gov. Should
`you have questions on accessto the Private PAIR system, contact the Electronic Business Center (EBC)
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`at 866-217-9197(toll-free). If you wouldlike assistance from a USPTO CustomerService Representative
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`or accessto the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-
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`1000.
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`Fred Peng
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`Patent Examiner
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`Vivek Srivastava
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`Supervisory Patent Examiner
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`—
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`VIVEK SRIVASTAVA
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`SUPERVISORY PATENT EXAMINER
`TECHNOLOGY CENTER 2600
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`P. 12
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