Ex Parte Novais et al - Page 11


              Appeal 2007-2215                                                                                     
              Application 09/918,287                                                                               
         1                                                                                                         
         2    Claims 2-7 each depend directly or indirectly from claim 1 and thus also include                     
         3    the same steps as quoted above.                                                                      
         4                                The Obviousness Rejection of                                             
         5                       Claims 8-15 over Blank, Gluck, and Shniberg                                       
         6                                                                                                         
         7          With respect to the imaging service kiosk of claim 8, the Examiner states                      
         8    (Answer 9, l. 18 to 10, l. 3):                                                                       
         9          Blank does not expressly disclose that seating information                                     
        10          representative of a seating location of the customer at an                                     
        11          entertainment event may be entered through the input section, that the                         
        12          image services comprise at least one image of the participant at the                           
        13          entertainment event and at least one image of the customer while                               
        14          viewing the entertainment event, that the imaging service is selected                          
        15          either prior to attendance at an entertainment event or while in                               
        16          attendance at the event or where the seating location of the                                   
        17          customer is used in directing an image capture device toward the                               
        18          seating location.  (Emphasis added.)                                                           
        19                                                                                                         
        20    The examiner does not follow up with any statement that Blank either inherently or                   
        21    implicitly disclose any of the features that it does not expressly disclose.                         
        22    Accordingly, the above-quoted text is taken as meaning that Blank does not                           
        23    disclose the enumerated features, expressly, implicitly, or inherently.                              
        24          To make up for some of the above-noted deficiencies of Blank, the                              
        25    Examiner relies on the teachings of Gluck.  But even the Examiner has recognized                     
        26    that Gluck does not teach the claim element of “where the seating location of the                    
        27    customer is used in directing an image capture device toward the seating location.”                  
        28    For that claim feature, the Examiner relies on the teaching of Shniberg.                             
        29    In that regard, the Examiner states (Answer 11, l. 17 to 12, l. 7):                                  
        30                 Further in analogous art, Shniberg discloses, in Fig. 1, 4 and 6,                       
        31          an imaging service offered to a customer, which takes images of the                            
        32          customer at a seating location and where the seating location of the                           

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