Appeal No. 2006-0567
Application 09/938,256
Correspondingly, for the actual image retrieval or
third functional phase, figure 9 first effectively represents a
flow diagram of a system logic that effectively asks the question
“do you have a query image and preference file combination for
me?” The user responds, selects an image and a generated
response is displayed to the user. This is discussed beginning
at the bottom of column 9. A corresponding alternative
embodiment in figure 10 is an information retrieval that
effectively only asks the user “do you have a user preference
file for me?”
Therefore, to the extent argued in the Brief and Reply
Brief, we do not agree with appellants’ view expressed there that
Zhu does not ask the examiner-characterized implicit questions.
We do not agree with the characterization at page 3 of the Reply
Brief that the artisan would view Zhu as not teaching or
suggesting querying a user at all on the basis of our earlier
remarks. It is also noteworthy to study appellants’ observation
at the middle of page 3 of the Reply Brief that “the Zhu system
receives a search query input by the user.” A study of Zhu leads
the reader to conclude that it is not the user who queries the
system but the system that queries the user as implicitly
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