Ex Parte Martinez et al - Page 6



         Appeal No. 2004-1380                                                       
         Application No. 09/513,425                                                 

         The examiner essentially finds that Kampe teaches the method of            
         claim 1 except that Kampe does not explain the intricacies of the          
         system program or how the loader and main module interact with             
         the kernel to generate text status messages.  The examiner cites           
         Shearer as teaching one example of interacting with a kernel to            
         allow for additional processing before a specific activity is              
         implemented.  The example disclosed by Shearer is the use of a             
         pseudo-device driver to intercept system calls and then to                 
         forward the call onto the targeted kernel function.  The examiner          
         finds that the pseudo-device driver of Shearer is the same as the          
         claimed activity driver.  The examiner also finds that it would            
         have been obvious to the artisan to use a pseudo-driver as taught          
         by Shearer to monitor requests for activity and generate messages          
         in Kampe [answer, pages 3-4].                                              
         Appellants argue that the pseudo-driver of Shearer is used                 
         with system calls and does not disclose monitoring a request for           
         an activity using an activity driver.  Specifically, appellants            
         argue that the system calls of Shearer are not requests for an             
         activity.  Appellants also assert that Shearer fails to teach or           
         suggest the use of its pseudo-drivers in connection with a system          
         for retrieving icons related to an activity.  Finally, appellants          
         argue that the examiner has not provided a convincing rationale            
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