Ex Parte Quintana et al - Page 4




              Appeal No. 2006-2750                                                                                             
              Application No. 10/104,498                                                                                       

                      Appellants’ argument (brief, page 12) that Niikawa does not disclose storage of an                       
              electronic event log in non-volatile memory as in claim 44 is without merit since the memory                     
              card 8 in Niikawa is non-volatile memory.                                                                        
                      With respect to appellants’ argument (brief, page 13) that Niikawa does not teach                        
              “downloading an image file with an intent instruction” as required by claims 2 and 24, we agree                  
              with the examiner’s position (answer, pages 10 and 11) that an “intent instruction” is broad                     
              enough to cover an “intent” by Niikawa to permanently store the image file.                                      
                      Appellants’ argument (brief, page15) that Niikawa does not disclose an “event log within                 
              said image file” as required by claims 6, 28, 39 and 50 because the image data and the history                   
              data are in ‘SEPARATE FILES’” is without merit because Figures 6 and 11 in Niikawa show the                      
              history data as part of the image file.  Stated differently, the separate files (i.e., history data and          
              frame data) constitute a complete image file that is submitted for storage as a single file.                     
                      Turning to claim 14, we agree with the examiner’s finding (answer, pages 12 and 13) that                 
              Niikawa has to have “an intent instruction” to transfer the image file from the digital camera to                
              the computer.                                                                                                    
                      In summary, the anticipation rejection of claims 1, 2, 6, 13, 14, 23, 24, 28, 39, 44 and 50              
              is sustained.  The anticipation rejection of claims 7, 8, 10 through 12, 16 through 19, 21, 22, 29,              
              30, 32 through 34 and 45 through 48 is likewise sustained because appellants have not presented                  
              any patentability arguments for these claims.                                                                    
                      Turning to the obviousness rejection of claims 5, 9, 20, 27, 31, 35 and 37, we agree with                
              the examiner’s findings (answer, pages 17 and 18) that Niikawa discloses storage in non-volatile                 

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