Ex Parte Burnhouse et al - Page 5

                Appeal 2007-0345                                                                             
                Application 09/812,417                                                                       
                                                                                                            
                      We will sustain the Examiner’s rejection of independent claims 1, 9,                   
                17, and 23.  In Fig. 8, Lawler shows a program time guide along with an                      
                exemplary future program options menu 136.  Significantly, the future                        
                program options menu includes a set of buttons that, when activated,                         
                perform certain actions with respect to the selected future program.  The                    
                buttons include: (1) an “Order” button 138 that allows the user to order the                 
                selected program; (2) a “Remind” button 140 that causes the system to set a                  
                reminder for the selected program; (3) a “Record” button 130 that causes the                 
                system to record the show when it becomes available in the future; and (4) a                 
                “Cancel” button 132 that returns the user to the program time guide without                  
                performing any action (Lawler, Fig. 8; col. 14, ll. 23-48).                                  
                      In addition, user-specific icons may be provided to indicate certain                   
                characteristics set by the user such as whether the user set a reminder for the              
                indicated program, or (2) whether the user requested recording of the                        
                indicated program (Lawler, col. 10, ll. 34-39).                                              
                      We agree with the Examiner that Lawler’s system enables the user to                    
                perform and indicate certain selected “future program actions” and therefore                 
                fully meets the independent claims.  In our view, Lawler’s icon function                     
                indicates a future program action, particularly since these “action-                         
                descriptive” icons (claims 2, 10, 18, and 24) indicate at least two functions                
                that are activated by the buttons on the future program options menu:  (1)                   
                setting a reminder, and (2) requesting recording.  Not only does Lawler’s                    
                system allow the user to accept the action (i.e., by activating the function                 
                corresponding to the selected button on the future program options menu), it                 
                also allows the user to modify the action as claimed by merely selecting the                 
                “Cancel” button.                                                                             

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