Ex Parte Beeman et al - Page 4



          Appeal No. 2006-0567                                                        
          Application 09/938,256                                                      

          they appear not to be actually displayed to the user.  Never-               
          theless, the underlying logic of Zhu is clearly a query-based               
          processing system as Zhu plainly states.                                    
                    The three functional phases of Zhu are discussed                  
          initially at column 5, lines 5-10.  The second of these phases is           
          discussed as having two options beginning at line 4 of column 6.            
          The capturing of user preference understanding information is               
          stated to be derived by the use of various user interactions,               
          which in turn have two options to acquire user preferences.  The            
          initial option is the query-based option which yields a response            
          set, such as discussed at the bottom of page 7 of the Answer.               
          According to the discussion here, it appears to us that the                 
          artisan would have quickly realized that in figure 7, the system            
          is actually asking the user “do you want to supply me with your             
          preferences?”  This is done by inviting the user to select or               
          enter a query image in S310.  To the extent the desired image has           
          not actually been retrieved, decision block S337 also effectively           
          asks the user to enter specific examples and/or counterexamples             
          in step 340 by first effectively asking the question in decision            
          block S337 “do you have any examples or counterexamples for me?”            
          This is discussed at the bottom of column 7 of Zhu.                         

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