Appeal 2007-2215
Application 09/918,287
1 customer is used in directing an image capture device toward the
2 seating location. More specifically, Shniberg discloses an imaging
3 service offered to a customer (paragraph 46 and 80), which takes
4 images of the customer at a seating location (paragraph 47, 49 and 59)
5 and where the seating location of the customer is used in directing an
6 image capture device toward the seating location (paragraph 74 and
7 75; where a person with access [to] the website enters the
8 customer[’]s seating location to see a real time picture of the
9 customer; to get a real time picture a camera must be directed towards
10 the seating location of the customer, this is done in response to the
11 seating location, which was enter[ed] via the website). Therefore,
12 Shniberg teaches where the seating location of the customer is used in
13 directing an image capture device toward the seating location.
14 [Emphasis in original.)
15
16 The circumstance is similar with regard to independent claims 10 and 12,
17 each of which recites that entered seating information representative of a seating
18 location of the customer at the entertainment event is for use in directing the image
19 capture device toward the seating location. The examiner relies on Shniberg’s
20 Paragraphs 74 and 75 as disclosing that feature. (Answer 15, l. 20 to 16, l. 13; 20,
21 ll. 8-20).
22 In Paragraph 74, Shniberg states that in a real time telephone call or any
23 other suitable communication one desiring a picture of a spectator and having
24 access to a suitable website receives the spectator identification code. The “real
25 time” characterization of the communication does not have anything to do with
26 when images of the customer are taken.
27 In Paragraph 74, Shniberg states that one requesting a picture “may view in
28 real time or thereafter [emphasis added]” any picture taken of a spectator having a
29 corresponding identification code or sitting at a corresponding seat. We take
30 official notice that in the context of some action being taken relative to something
31 else, “real time” has a conventional meaning in the English language that means
12
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Last modified: September 9, 2013