IQ Biometrix Patent Application

AO 121 (6/90)

. TO:

COMMISSIONER OF PATENTS AND TRADEMARKS (USPTO)

REPORT ON THE P.O. Box 1450 Alexandria, VA 22313-1450 FILING OF DETERMINATION OF AN

ACTION REGARDING A PATENT OR TRADEMARK

In compliance with 35 U.S.C. 290 andlor 15 U.s.C. 1116 you are hereby advised that a court action has been filed on the following patent(s)/trademark(s) in the U.S. District Court:

DOCKET NO. DATE FILED UNITED STATES DISTRCCT COURT, NORTHERN DISTRICT OJ!' ILLINOIS,

09cv3180 5/27/2009 EASTERN DIVISION

PLAINTIFFS DEFENDANTS

IQ Biometrix, Inc. Perfect World Entertainment, Inc. et al

TRADEMARK NUMBER DATE OF TRADEMARK HOLDER OF l';!.T2NT OR TRADEMARK

6,731,302 514/2004 IQ Biometrix, Inc.

7,289,647 10/30/2007 IQ Biiometrix, Inc.

In the above-entitled case, the following trademarks(s) have been included:

DATE INCLUDED INCLUDED BY [ I Amendment [ I Answer [ I Cross Bill [ J Other Pleading

TRADEMARK NUMBER DATE OF TRADEMARK HOLDER OF PATENT OR

TRADEMARK -

I.

2.

3.

In the above-entitled case, the following decision has been rendered or judgment issued:

DECISION/JUDGMENT: MINUTE entry before the Honorable Robert M. Dow, Jr:Pursuant to Stipulation to Dismiss 24 , based upon the settlement, the above-entitled case is hereby dismissed without prejudice. Mailed notice (tbk, )

CLERK (BY) DEPUTY CLERK: DATE:

MICHAEL W. DOBBINS lsi Elisa Perez August 7, 2009

1

Order F ~rru (01l100S)

United States District Co~rthern District of Illinois

Name of Assigned Judge or Magistrate Judge

CASE NUMBER

Rebecca R. Pallmeyer Sitting Judge if Other lb •• Assigned Judge

09 C 3180 DATE 8/5/2009

CASE TITLE

IQ Biometrix, Inc vs. Perfect World Entertainment, Inc., et al

DOCKET ENTRY TEXT

Joint motion to dismiss [30] granted. Pursuant to Fed. R. Civ. P. 41 (a)(2) the above cause is dismissed in its entirety with prejudice, with each party to bear its own costs and attorneys' fees. Rule 16 conference set for 8/27/2009 stricken. Civil ease terminated.

Nolices mailed by Judicial staff.

A TRUE COr'Y • ATTEST MICHAEL W. DOBBINS, CLER'

Q. BY l.~~~:::="~~~_-!-_

DEPUTY Ci_Ef~i{ U.S. DISTR;CT COUK r, NORTHE N

DISTRICT OF ILLINOIS

LD~A~l'_E=:~~t========t~il

ETV Courtroom Deputy I lnilials: ~ ____________________________________________________________ -d __________ ~

09C3180 IQ Biometrix, Inc vs. Perfect World Entertainment, Inc., et al Page I of I

UNITED STATES PATENT AND TRADEMARK OFFICE

APPLICATION NO. ISSUE DATE PATENT NO.

101759,225 10/30/2007 7289647

7590 10110/2007

FLESHNER & KIM, LLP P.O. Box 221200 Chantilly, VA 20153-1200

UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS

P.o. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov

ATTORNEY DOCKET NO. CONFIRMATION NO.

IQB-0007C4 6449

ISSUE NOTIFICATION

The projected patent number and issue date are specified above.

Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (application filed on or after May 29,2000)

The Patent Term Adjustment is 318 day(s). Any patent to issue from the above-identified application will include an indication of the adjustment on the front page.

If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that determines Patent Term Adjustment is the filing date of the most recent CPA.

Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval (PAIR) WEB site (http://pair.uspto.gov).

Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Customer Service Center of the Office of Patent Publication at (571)-272-4200.

APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):

Pierre Cote, St-Charles-sur-Richellen, CANADA;

IR103 (Rev. 11105)

11111111111 ~IIIIIIIIIIIIIIIIIIIII~ I~IIIIIIIIIIII ~IIIIIIIIIIIIIII Bib Data Sheet

FILING OR 371 (c)

SERIAL NUMBER DATE CLASS 101759,225 01/20/2004 382

RULE

APPLICANTS Pierre Cote, St-Charles-sur-Richellen, CANADA;

** CONTINUING DATA *************************

Page 1 of 1

UNITED STATES DEPARTMENT OF COMMERCE United. Stutes Putont ond TrudCDlLlrk Office Addr ... ; COMMISSIONER FOR PATENTS

P.O. Box 1450 Aloxandria. ViIginia 22313·1450 www.uspto.gov •

CONFIRMATION NO. 6449

ATTORNEY GROUP ART UNIT DOCKET NO. 2624 IQB-0007C4

This application is a CON of 09/322,932 05/28/1999 PAT 6,690,830 ** FOREIGN APPLICATIONS ********************

IF REQUIRED, FOREIGN FILING LICENSE GRANTED ** 04/21/2004

Foreign Priority claimed OyesOno INDEPENDENT 35 USC 119 (a-d) conditions o yes 0 no 0 Met after

STATE OR SHEETS TOTAL met Allowance

COUNTRY DRAWING CLAIMS CLAIMS

Verified and CANADA 9 43 9 Acknowledged Examiner's SiQnature Initials

ADDRESS FLESHNER & KIM, LLP P.O. Box 221200 Chantilly, VA20153-1200

TITLE

SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE FACIAL IMAGE

10 All Fees I 10 1.16 Fees ( Filing) I

FILING FEE FEES: Authority has been given in Paper o 1.17 Fees ( Processing Ext. of

RECEIVED No. to chargelcredit DEPOSIT ACCOUNT time) 1240 No. for following:

10 1.18 Fees (Issue) 1

10 Other I 10 Credit I

- .-

I

, .~ PART B '" FEE(S) TRANSMITTAL

Compl~te and s!!nd this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE Commissioner for Paten.ts P.O. Box 1450

or Fax Alexandria, Virginia 22313-1450 (571)-273-2885

INSTRUCTIONS: This fonn should be used for transmitting the ISSUE FEE and PUBLICA nON FEE (if required). Blocks I through 5 should be completed where appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; andlor (b) indicating a separate "FEE ADDRESS" for maintenance fee notifications. .

CURRENT CORRESPONDENCE ADDRESS (Note: Use Block I for any change of address) Note: A eertlheate of m311mg can only be used lor domestic madmgs 01 the Fee(s) Transmittal. This certificate cannot be used for any other accompanying papers. Each additional paper, such as an assignment or fonnal drawing, must have its own certificate of mailing or transmissIOn.

7590 06/25/2007

FLESHNER & KlM, LLP P.O. Box 221200 Chantilly, VA 20153-1200

APPLICATION NO. I FILING DATE

10/759,225 -_ 01/20/2004

I

s~ J ~&~

Certificate of Mailfng or Transmission I hereby certify that this Fee(s) Transmittal is being deposited with the United States Postal Service with sufficient postage for first class mail in an cnvelop'e addressed to the Mail Stop ISSUE FEE address above, or being facsimile transmitted to the USPTO (571) 273-2885, on the date indicated below.

(Depositor'. name)

(SiBnaturc)

(Dale)

FIRST NAMED INVENTOR I ATTORNEY DOCKET NO. I CONFIRMATION NO.

Pierre Cote IQB-0007C4 6449

TITLE OF INVENTION: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE FACIAL IMAGE

APPLN. TYPE SMALL ENTITY ISSUE FEE DUE

nonprovisional YES $700

EXAMINER ART UNIT

COUSO, YON ruNG 2624

I. Change of correspondence address or indication of "Fee Address" (37 CFR 1.363).

o Change of correspondence address (or Change of Correspondence Address fonn PTO/SBII22) attached.

o "Fee Address" indication (or "Fcc Address" Indication fonn PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer Number is required.

PUBLICA TION FEE DUE PREVo PAlO ISSUE FEE TOTAL FEE(S) DUE DATE DUE

$300 $0 $\000 09/2512007 ~9/c6/2t07 HwOHDAF2 00300075 16759225

CLASS-SUBCLASS

Ul FC:15~1 382-118000 ~2 ~C:lS~4

2. For printing on the patent front page, list

(I) the names of up to 3 registered patent attorneys or agents OR, alternatively,

(2) the name of a single finn (having as a member a registered attorney or agent) and the names of up to 2 registered patent attorneys or agents. If no name is listed, no name will be printed.

1409.00 OP 309.80 OP

I THE FLESHNER GROUP, PLLC

2, ____________________ ___

3 ____________________ ___

3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)

PLEASE NOTE: Unless an assignee is identified bclow, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for recordation as set forth in 37 CFR 3.11. Completion of this fonn is NOTa substitute for filing an assignment.

(A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY and STATE ORCOUNTRY)

I. Q. Biometrix, Inc. Fremont, CA

Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual i!J Corporation or other private group entity 0 Government

4a. The following fee(s)are submitted:

!illssue Fcc

4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)

o A eheek is enclosed.

.~ Payment by credit card. Fonn PTO-2038 is attached. I!I Publicatiol) Fee (No small entity discount pennitted)

o Advanee Order - # of Copies --------- ~ The Director is hereby authorized to charge.1lu.: regu.ia;d fee(s), any deficiency, or credit nny overpayment, to Deposit Account Number ~U-qL.j~ (enclose an cxtra copy of this fonn).

5. Change in Entity Status (from status indicated above)

o a. Applicant claims SMALL ENTITY status. Se 37

NOTE: The Issue Fee and Publication Fee interest as shown by the records ofth .

III b. Applicant is no longer elaiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).

t be accepted from anyone other than the applicant;'a registered attorney or agent; or the assignee or other party in nd Trademark Office. .

Authorized Signature --_o"--'-lY----If--I-:¥'--W"------------ Date September 2:5., 2007

Typed or printed name --===~='----'=-======_ _________ __ Registration No. _-=3....:4'-',<..:5=-9=6'--________ _

This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.c. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutcs to complete, including gathering, prepanng, and submJtting the completed applicatIOn fonn to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of timc you rC(juire to complete this fonn andlor suggestions for reducing this burden, should be sent to the Chief Infonnation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandna, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313- I 450. . Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of infonnation unless it displays a valid OMB control number.

PTOL-85 (Rev. 07/06) Approved for use through 06/30/2007. OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS

P.O. Box 1450 Alexandria. Virginia 22313·1450 www.uspto.gov

NOTICE OF ALLOWANCE AND FEE(S) DUE

7590

FLESHNER & KIM, LLP P.O. Box 221200 Chantilly, VA20153-1200

0612512007 EXAMINER

COUSO, YON JUNG

ART UNIT PAPER NUMBER

2624

DATE MAILED: 06/2512007

APPLICA TION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMA nON NO.

101759,225 01/20/2004 Pierre Cote IQB-0007C4 6449


APPLN. TYPE SMALL ENTITY • ISSUE FEE DUE PUBLICATION FEE DUE PREVo PAID ISSUE FEE TOTAL FEE(S) DUE DATE DUE

nonprovisional YES $700 $300 $0 '$1000 09/25/2007

THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT. PROSECUTION ON THE MERITS ~ CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS. THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.

THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD CANNOT DE. EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN THIS APPLICATION .(AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW DUE.

HOW TO REPLY TO THIS NOTICE:

I. Review the SMALL ENTITY status shown above.

If the SMALL ENTITY is shown as YES, verify your current SMALL ENTITY status:

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B. If the status above is to be removed, check box 5b on Part B -Fee(s) Transmittal and pay the PUBLICATION FEE (if required) and twice the amount of the ISSUE FEE shown above, or

If the SMALL ENTITY is shown as NO:

A. Pay TOTAL FEE(S) DUE shown above, or

B. If applicant claimed SMALL ENTITY status before, or is now claiming SMALL ENTITY status, check box 5a on Part B - Fee(s) Transmittal and pay the PUBLICATION FEE (if required) and 112 the ISSUE FEE shown above.

II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office (USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). ·Ifyou are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing the paper as an equivalent of Part B.

III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to Mail Stop ISSUE FEE unless advised to the contrary.

IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.

Page I of3 PTOL-85 (Rev. 07/06) Approved for use through 06/30/2007.

PART B - FEE(S) TRANSMITTAL

Complete and send this form, together with applicable fee(s), to: Mail

or Fax

Mail Stop ISSUE FEE Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 (571)-273-2885

INSTRUCTIONS: This fonn should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 5 should be completed where appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for maintenance fee notifications.

I

CURRENT CORRESPONDENCE ADDRESS (Note: Use Block I for any change of address) Note: A certificate of maIlmg can only be used lor domestIc mallmgs 01 the Fee(s) Transmittal. This certificate cannot be used for any other accompanying papers. Each additional paper, such as an assignment or fonnal drawing, must have its own certificate of mailing or transmissIon.

7590


06/2512007

APPLICATION NO. I FILING DATE

101759,225 01/20/2004

I

Certificate of Mailing or Transmission I hereby certify that this Fee(s) Transmittal is being deposited with the United States Postal Service with sufficient postage for first class mail in an envelop'e addressed to the Mail Stop ISSUE FEE address above, or being facsimIle transmitted to the USPTO (571) 273-2885, on the date indicated berow.

(Deposito(s name)

(Signature)

(Date)

FIRST NAMED INVENTOR I ATTORNEY DOCKET NO. I CONfIRMATION NO.

PIerre Cote IQB-0007C4 6449


APPLN. TYPE SMALL ENTITY ISSUE FEE DUE

nonprovisional YES $700

EXAMINER ART UNIT

COUSO, YON JUNG 2624

I. Change of correspondence address or indication of "Fee Address" (37 CFR 1.363).

o Change of correspondence address (or Change of Correspondence Address fonn PTO/SBII22) attached.

o "Fee Address" indication (or "Fcc Address" Indication fonn PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer Number is required.

PUBLICATION FEE DUE PREVo PAID ISSUE FEE TOTAL FEE(S) DUE

$300 $0

CLASS-SUBCLASS

382-118000

2. For printing on the patent front page, list

(I) the names of up to 3 registered patent attorneys or agents OR, alternatively,

$\000

DATE DUE

09125/2007

(2) the name of a single finn (having as a member a 2 _____________ _ registered attorney or agent) and the names of up to 2 registered patent attorneys or agents. If no name is 3 listea, no name will be printed. --------------

3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)

PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for recordation as set forth in 37 CFR 3.11. Completion of this fonn is NOT a substitute for filing an assignment.

(A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY and STATE OR COUNTRY)

Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 0 Corporation or other private group entity 0 Government

4a. The following fee(s) are submitted: 4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above) o Issue Fee o A check is enclosed. o Publication Fee (No small entity discount pennitted) o Payment by credit card. Fonn PTO-2038 is attached. o Advance Order - # of Copies ________ _ DThe Director is hcreby. authorized to charge the required fec(s), any deficiency, or credit any

overpayment, to Deposit Account Number _ (enclose an extra copy of this fonn).

5. Change in Entity Status (from status indicated above)

o a. Applicant claims SMALL ENTITY status. Sec 37 CFR 1.27. o b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR I.27(g)(2).

NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in interest as shown by the records of the United States ·Patent and Trademark Office. .

Authorized Signature _____________________ _ Date __________________ _

Typed or printed name ____________________ _ Registration No. ______________ _

This collection of infonnation is required by 37 CFR 1.311. The infonnation is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, prepanng, and submItting the completed applicallon fonn to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this fonn and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandna, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of infonnation unless it displays a valid OMB control number.

PTOL-85 (Rev. 07/06) Approved for use through 06/30/2007. OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE


APPLICATION NO. FILING DATE

101759,225 0112012004

7590


06/25/2007

FIRST NAMED INVENTOR

Pierre Cote


P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov

A TTORNEY DOCKET NO. CONFIRMA nON NO.

IQB-0007C4 6449

EXAMINER

causa, YON JUNG


2624

DATE MAILED: 06/25/2007

Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (application filed on or after May 29,2000)

The Patent Term Adjustment to date is 318 day(s). If the issue fee is paid on the date that is three months after th~ mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half months) after the mailing date of this notice, the Patent Term Adjustment will be 318 day(s).

If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that determines Patent Term Adjustment is the filing date of the most recent CPA.

Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval (PAIR) WEB site (http://pair.uspto.gov).

Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.

Page 3 of3 PTOL-85 (Rev. 07/06) Approved for use through 06/30/2007.

Application No. Applicant(s)

Notice of Allowability 10n59,225 COTE, PIERRE Examiner Art Unit

Yon Couso 2624

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-Ali claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included herewith (or previously mailed), a Notice of Allowance (PTOl-85) or other appropriate communication will be mailed in due course. THIS NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.

1. [8] This communication is responsive to 5/29/07.

2. [8] The allowed claim(s) islare 1-39 and 41-45.

3. 0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119{a)-(d) or (t).

a) 0 All b) 0 Some* c) 0 None of the:

1. 0 Certified copies of the priority documents have been received.

2. 0 Certified copies of the priority documents have been received in Application No. __ .

3. 0 Copies of the certified copies of the priority documents have been received in this national stage application from the

International Bureau (PCT Rule 17.2(a».

* Certified copies not received: __ .

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements noted below. Failure to timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.

4.0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.

5. 0 CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.

(a) 0 including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached

1) 0 hereto or 2) 0 to Paper No.lMail Date __ .

(b) 0 including changes required by the attached Examiner's Amendment I Comment or in the Office action of Paper No.lMail Date __ .

Identifying indicia such as the application number (see 37 CFR 1.84(c» should be written on the drawings in the front (not the back) of each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).

6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.

Attachment(s) 1. 0 Notice of References Cited (PTO-892)

2. 0 Notice of Draftperson's Patent Drawing Review (PTO-948)

3. 0 Information Disclosure Statements (PTO/SB/08), Paper No.lMail Date __

4. 0 Examiner's Comment Regarding Requirement for Deposit of Biological Material

U. S. Patent and T rademar1<. Office

5. 0 Notice of Informal Patent Application

6. 0 Interview Summary (PTO-413), Paper No.lMail Date __ .

7. [gl Examiner's Amendment/Comment

8. 0 Examiner's Statement of Reasons for Allowance

9. 0 Other __ .

PTOL·37 (Rev. OB-06) Notice of Allowability Part of Paper No.lMaii Date 20070620

Application/Control Number: 10n59,225

Art Unit: 2624

Page 2

1. Applicant's arguments, see page 15, line 7-page 17, line 7, filed May 29,2007,

with respect to claims 1-39 and 41-45 have been fully considered and are persuasive.

The rejections of claims 1-39 and 41-44 have been withdrawn.

2. Claims 1-39 and 41-45 are allowed.

3. Any inquiry concerning this communication or earlier communications from the

examiner should be directed to Yon Couso whose telephone number is (571) 272-7448.

The examiner can normally be reached on Monday through Friday from 8:30 to 5:00.

If attempts to reach the examiner by telephone are unsuccessful, the examiner's

supervisor, Eileen Lillis, can be reached on (571) 272-6928. The fax phone number for

the organization where this application or proceeding is assigned is 571-273-8300.

Information regarding the status of an application may be obtained from the

Patent Application Information Retrieval (PAIR) system. Status information for

published applications may be obtained from either Private PAIR or Public PAIR.

Status information for unpublished applications is available through Private PAIR only.

For more information about the PAIR system, see http://pair-direct.uspto.gov. Should

you have questions on access to the Private PAIR system, contact the Electronic

Business Center (EBC) at 866-217-9197 (toll-free).

YJC

June 20, 2007

~~\~ V M YON J. cnuS\)

PRIMARY EXAMINER

of 1

UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Addr.,,:COMM!SSIONER FOR PATENTS

P.O. Box 14SO Alexandria. Vuginia 22313·J450 www.ll$pto.gov

I ~lillll~IIIIIIII~111I11111I ~III~IIIII mlllllllll~1I i II~ CONFIRMATION NO. 6449 Bib Data Sheet

FILING OR 371(c) ATTORNEY

SERIAL NUMBER DATE CLASS GROUP ART UNIT DOCKET NO. 10/759,225 01/20/2004 382 2624

RULE IQB-0007C4

APPLICANTS Pierre Cote, St-Charles-sur-Richellen, CANADA;

** CONTINUING DATA ************************* ~ This application is a CON of 09/322,932 OS/2~ 6,690,830

** FOREIGN APPLICATIONS ********************

IF REQUIRED, FOREIGN FILING LICENSE GRANTED •• SMALL ENTITY ** ** 04/21/2004

Foreign Priority claimed Qyes~o INDEPENDENT

35 USC 119 (a-<l) conditions ~~et after STATE OR SHEETS TOTAL

~et Allo ce COUNTRY DRAWING CLAIMS CLAIMS

~erified and CANADA 9 43 9 Acknowledged Examiners Signature Initials

ADDRESS FLESHNER & KIM, LLP P.O. Box 221200 Chantilly, VA20153-1200

IrITLE

System and method for creating and displaying a composite facial image

IQ All Fees I IQ 1.16 Fees (Filing) I

FILING FEE FEES: Authority has been given in Paper Q 1.17 Fees (Processing Ext. of RECEIVED No. to charge/credit DEPOSIT ACCOUNT time)

940 No. for following: IQ 1.18 Fees (Issue) I IQ Other I IQ Credit I

http://neo:8000IPrexServletIPrexAction?serviceName=BibDataSheet&Action=display&brow... 6/20107

Application/Control No. Applicant(s)/Patent under Index of Claims Reexamination

~IIIIIIIIIIIIIIII II 10/759,225 COTE, PIERRE Examiner Art Unit

Yon Causa 2624

..f Rejected - (Through numeral) Non-Elected Appeal Cancelled N A

= Allowed + Restricted I Interference 0 Objected

Claim Date Claim Date Claim Date

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I 1 ..... 51 101 :z. 2 52 102

3 53 103 4 54 104

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40 90 140 ito 41 .."., 91 141 fl.; 42 92 142 ([2- 43 93 143 (j:~ 44 94 144 rill 45 I ~ 95 145

46 96 146 47 97 147 48 98 148 49 99 149 50 100 150

U.S. Patent and Trademark Office Part of Paper No. 20070620

Issue Classification Application/Control No. Applicant(s)/Patent under

101759,225 Reexamination

III lUI III IIIIII I COTE, PIERRE Examiner Art Unit

Yon Couso 2624

ISSUE CLASSIFICATION ORIGINAL INTERNATIONAL CLASSIFICATION

CLASS SUBCLASS CLAIMED NON-CLAIMED

3 (3..::L /I~ G 6 A Ie: ~l/ol() 6i b 6'~ 1'6D CROSS REFERENCES

t ~ K: 9'5¢ I

CLASS SUBCLASS (ONE SUBCLASS PER BLOCK) tJ 3~2 Jor- I I , I

I I

I I I

I I

---- f.~N'J.~~ Total Claims Allowed: tf-'f ~Assistant Examiner) (Date) I

O.G. O.G. (Pnmary fx~rfM~Y -' ~~7 Print Claim(s) / Print Fig.

(Legal Instruments Examiner) (Date) ~-

tKI Claims renumbered in the same order as presented by applicant o CPA OT.O. o R.1.47

ro ro ro iii ro ro - ro ro c: ro c: ro c: ro c: ro c: III c: ro c:

c: '5 c: '5 c: '5 c: '5 c: '5 c: '5 c: '5 u:: 8 u:: 8 u:: 8 u:: 8 u:: 8 u:: 8 u:: 8 1 31 61 91 121 151 181 2 32 62 92 122 152 182 3 33 63 93 123 153 183 4 34 64 94 124 154 184 5 35 65 95 125 155 185 6 36 66 96 126 156 186 7 37 67 97 127 157 187 8 38 68 98 128 158 188 9 39 69 99 129 159 189 10 40 70 100 130 160 190 11 41 71 101 131 161 191 12 42 72 102 132 162 192 13 43 73 103 133 163 193 14 44 74 104 134 164 194 15 45 75 105 135 165 195 16 46 76 106 136 166 196 17 47 77 107 137 167 197 18 48 78 108 138 168 198 19 49 79 109 139 169 199 20 50 80 110 140 170 200 21 51 81 111 141 171 201 22 52 82 112 142 172 202 23 53 83 113 143 173 203 24 54 84 114 144 174 204 25 55 85 115 145 175 205 26 56 86 116 146 176 206 27 57 87 117 147 177 207 28 58 88 118 148 178 208 29 59 89 119 149 179 209 30 60 90 120 150 180 210


Search Notes

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SEARCHED

Class Subclass Date Examiner

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INTERFERENCE SEARCHED


U.S. Patent and Trademark Office

Application/Control No. Applicant(s)/Patent under Reexam ination

10nS9,22S COTE, PIERRE Examiner Art Unit

Yon Couso 2624

SEARCH NOTES (INCLUDING SEARCH STRATEGY)

DATE EXMR

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EAST Search History

Ref

I Hits Search Query DBs Default Plurals Time Stamp

# Operator

L1 I 613 facial ad} feature.elm. US-PGPUB; OR ON 2007/06/20 12:30 USPAT I

L2 59 1 and code.elm. : US-PGPUB; I OR ON 2007/06/20 12:30 USPAT

L3 3 2. and (variation nearS (facial adj US-PGPUB; OR ON 2007/06/20 12:33 feature)).elm. USPAT

L4 4 2 and (composite adj image).clm. US-PGPUB; OR ON 2007/06/2012:33 USPAT

6/20/07 12:35:26 PM Page 1 C:\Documents and Settings\ycouso\My Documents\EAST\Workspaces\yonjung.wsp

· ",~1 'l;.g 1~~1 ~ Docket No.: IQB-0007C4 ~ _ .. <Ill)

t'rRA~

PATENT

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In Re Application of:

Pierre COTE

Serial No.: 10/759,225

Confirmation No.: 6449

Filed: January 20, 2004

EXPEDITED PROCEDURE UNDER 37 C.F.R. §1.116

Group Art Unit 2624

Examiner: Couso, Y.J.

Customer No. 68733

For: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE FACIAL IMAGE

PRELIMINARY AMENDMENT

U.S. Patent and Trademark Office Customer Window, Mail Stop RCE Randolph Building 401 Dulany Street Alexandria, VA 22314

Sir:

Prior to initial examination on the merits, please amend the above-identified application

as follows:

Amendments to the Claims are reflected in the listing of claims beginning on page 2.

Remarks begin after the listing of the claims.

Serial No. 10/759,225 Docket No. IQB-0007C4

Listing of Claims:

1. (previously Presented) A method, comprising:

receiving a number of facial feature designations;

generating element codes corresponding to the facial feature designations, each

element code based on:

(a) a symbol representative of a facial feature, the symbol having one of a

plurality of values indicative of variations of the facial feature, and

(b) a fltst code factor having a value that equals or exceeds a maximum value

of the plurality of values indicative of the variations of the facial feature;

and

displaying a composite image based on the element codes corresponding to the

facial feature designations.

Image.

2. (Original) The method of claim 1, wherein the receiving step includes:

displaying a plurality of facial feature images; and

receiving user signals selecting facial feature images included in the composite

3. (previously Presented) The method of claim 2, wherein displaying the composite

image includes:

2


displaying the facial feature images in the composite image as the images are

selected by the user signals, the images corresponding to respective ones of the element codes.

4. (Original) The method of claim 3, wherein the facial feature images in the

composite image are displayed at predetermined positions relative to one another when selected.

5. (Original) The method of claim 2, further comprising:

receiving user modification signals for changing at least one of a size, shape, or

position of at least one of the facial feature images in the composite image.

6. (Original) The method of claim 2, wherein the user signals are generated by an

input device.

7. (Original) The method of claim 6, wherein the input device includes one of a

touch screen, a mouse, a pointing device, and a keyboard.

8. (Original) The method of claim 2, wherein the plurality of facial feature images are

displayed in separate classes.


3


displaying information corresponding to a plurality of classes of facial features;

and

receiving user signals designating facial features in the composite image, each user

signal designating a facial feature from a respective one of the classes.

10. (Original) The method of claim 9, wherein said information includes a plurality of

groups of facial feature images, each group corresponding to a respective one of the classes.

11. (Original) The method of claim 9, wherein the classes of facial features are

selected from the group comprising eyes, nose, mouth, jaw line, hair, beard, mustache, lips, skin

pigment, face shape, and identifying features.

12. (Original) The method of claim 11, wherein the identifying features include at least

one of a scar, tattoo, birth mark, glasses, and jewelry.


displaying facial feature images on a ftrst area of a screen; and

displaying a composite facial image on a second area of the screen, said composite

image including facial feature images selected from the fIrst screen area, wherein selection of

each facial feature image automatically generates a corresponding element code based on:

4




(b) a fIrst code factor having a value that equals or exceeds a maximum value

of the plurality of values indicative of the variations of the facial feature, wherein the composite

facial image is displayed based on a combination of element codes corresponding to the selected

facial feature images.

14. (Original) The method of claim 13, wherein the images are displayed in classes in

the fust screen area, each class corresponding to a different type of facial feature.

15. (Original) The method of claim 14, wherein each class of images is separately

displayed in the fIrst screen area in response to a user signal selecting the class.

16. (Original) The method of claim 14, wherein the classes of images are selected

from the group comprising eyes, nose, mouth, jaw line, hair, beard, mustache, lips, skin pigment,

face shape, and identifying features.

17. (Original) The method of claim 13, wherein selecting a facial feature image in the

fIrst screen area causes the facial feature image to be displayed in the second screen area.

5


18. (Original) The method of claim 17, wherein the selected facial feature is displayed

at a predetermined position in the second screen area relative to other facial feature images in the

composite image.

19. (Original) The method of claim 13, wherein selecting a facial feature in the flrst

screen area causes the facial feature to appear in the second screen area.


displaying a composite facial image in a flrst screen area;

displaying a group of facial feature images in a second screen area; and

automatically modifying the composite facial image in the flrst screen area based

on a selection of a facial feature image in the second screen area, each of the facial feature

images corresponding to an element code based on:



(b) a ftrst code factor having a value that equals or exceeds a maximum value


facial image is based on a combination of element codes including an element code

corresponding to the selected facial feature image.

6


21. (Original) The method of claim 20, wherein the group includes more than one

facial feature image.

22. (previously Presented) A system, comprising:

a processor which generates a composite image based on user signals designating a

number of facial features, the processor automatically generating element codes corresponding

to the designated facial features, each element code based on:





and

a screen which displays the composite image based on the element codes

corresponding to the designated facial features.

23. (previously Presented) The system of claim 22, wherein the screen displays a

plurality of facial feature images based on the element codes and the processor generates the

composite image based on facial feature images selected by the user signals.

24. (Original) The system of claim 23, wherein the screen displays the facial feature

images in the composite image as the images are selected by the user signals.

7

-"I11III


25. (Original) The system of claim 24, wherein the processor controls display of the

facial feature images at predetermined positions on the screen.

26. (Original) The system of claim 24, wherein the processor modifies at least one of a

size, shape, or position of the facial feature images in the composite image based on user

modification signals.

27. (Original) The system of claim 22, further comprising:

an input device which generates the user signals.

28. (Original) The system of claim 27, wherein the input device includes one of a

touch screen, a mouse, a pointing device, and a keyboard.

29. (Original) The system of claim 23, wherein the screen displays the plurality of

facial feature images in separate classes.

30. (Original) The system of claim 22, wherein the screen displays information

corresponding to a plurality of classes of facial features, and wherein each user signal designates

a facial feature from a respective one of the classes.

8


31. (Original) The system of claim 30, wherein said infonnation includes a plurality of

groups of facial feature images, each group corresponding to a respective one of the classes.

32. (Original) The system of claim 31, wherein the classes of facial features are

selected from the group comprising eyes, nose, mouth, jaw line, hair, beard, mustache, lips, skin

pigment, face shape, and identifying features.

33. (Original) The system of claim 32, wherein the identifying features include at least

one of a scar, tattoo, birth mark, glasses, and jewelry.

34. (previously Presented) A system, comprising:

a screen; and

a processor for controlling the screen to display a number of facial feature images

on a ftrst area of a screen and to display a composite facial image on a second area of the screen,

said composite image including facial feature images selected from the frrst screen area, the

processor automatically generating element codes corresponding to the selected facial feature

images, each element code based on:



9



of the plurality of values indicative of the variations of the facial feature, the composite image

based on element codes corresponding to the selected facial feature images.

35. (Original) The system of claim 34, wherein the images are displayed in classes in

the ftrst screen area, each class corresponding to a different type of facial feature.

36. (Original) The system of claim 35, wherein each class of images is separately

displayed in the ftrst screen area in response to a user signal selecting the class.

37. (Original) The system of claim 35, wherein the classes of images are selected from

the group comprising eyes, nose, mouth, jaw line, hair, beard, mustache, lips, skin pigment, face

shape, and identifying features.

38. (Original) The system of claim 34, wherein selecting a facial feature image in the

ftrst screen area causes the facial feature image to be displayed in the second screen area.

39. (Original) The system of claim 38, wherein the selected facial feature is displayed

at a predetermined position in the second screen area relative to other facial feature images in the

composite image.

10


40. C~nceled

41. (previously Presented) A computer-readable medium storing a program

comprising:

a fltst code section which causes a processor to recognize a number of facial

feature designations;

a second code section which generates element codes corresponding to the facial

feature designations, each element code based on:



(b) a fltst code factor having a value that equals or exceeds a maximum value


and

a third code section which causes a screen to display a composite image based on

element codes corresponding to the facial feature designations.


compnsmg:

11


a ftrst code section which causes a screen to display facial feature images on a fIrst

area; and

a second code section which causes the screen to display a composite facial image

on a second area, said composite image including facial feature images selected from the ftrst

screen area, wherein selection of each facial feature image causes the second code section to

automatically generate a corresponding element code based on:



(b) a fust code factor having a value that equals or exceeds a maximum value


facial image is displayed based on a combination of element codes corresponding to the selected

facial feature images.


comprlSlng:

a ftrst code section which displays a composite facial image in a ftrst screen area;

a second code section which displays a group of facial feature images in a second

screen area; and

a third code section which modiftes the composite facial image in the ftrst screen

area based on a selection of a facial feature image in the second screen area, wherein the

12


composite facial image is formed from a plurality of facial feature images including the selected

facial feature image, each facial feature image represented by an element code based on:



(b) a first code factor having a value that equals or exceeds a maximum value

of the plurality of values indicative of the variations of the facial feature.

44. (previously Presented) The method of claim 1, wherein each of the element codes

further includes:

an image qualifier having one of a plurality of values indicative of variations of a

position of the facial feature in the composite image; and

a second code factor having a value that equals or exceeds a maximum value of

the plurality of values indicative of the variations of the position of the facial feature in the

composite image.

45. (New) A method, comprising:

displaying activatable facial feature images of first area of a screen;

concurrently displaying a composite facial image on a second area of the screen;

selecting at least one of said facial feature images using a user interface to yield at

least one activated facial feature image;

13


incorporating said activated facial feature into said composite facial image to yield

a modified composite facial image; and

displaying said modified composite facial image on said second area of the screen.

14


REMARKS

Claims 1-39 and 41-45 are pending. In this paper, claim 40 is cancelled without prejudice

or disclaimer and claim 45 is added. Reconsideration in view of the above amendments or

following remarks is respectfully requested. .

A. In the May 30, 2006 Office Action, claims 1-44 were rejected under 35 USC § 112,

second paragraph. The rejection is respectfully traversed.

Applicant respectfully submits that the asserted indefinite claim language was previously

found to satisfy § 112 by the U.S. Patent and Trademark Office. See at least claims 1 and 11 of

USPN 7,139,413. Further, Applicant respectfully submits that a specific example is provided in

the present specification. See at least page 10, line 22 through page 12, line 12. Further,

Applicant respectfully submits that a description of an exemplary process supporting the

asserted claim language is provided with respect to Fig. 4. See at least page 12, line 13 through

page 14, line 27. See also Fig. 5. Thus, Applicants respectfully submit the asserted claim

language is definite.

For at least the reasons set forth above, withdrawal of the rejection of claims 1-44 under

§ 112 is respectfully requested.

B. In the May 30, 2006 Office Action, claims 1-10, 13-15, 17-31,34-36 and 38-44 were

rejected under 35 USC §103(a) over the Yoshino patent (USPN 5,644,690) and the Ohba patent

(USPN 5,214,758). In the May 30, 2006 Office Action, claims 11-12, 16, 32-33 and 37 were

rejected under 35 USC §103(a) over Yoshino, Ohba and the Johnston patent (USPN 5,375,195).

15


The rejections are respectfully traversed for the following reasons.

1. With respect to claim 1, Applicant submits that features similar to those added by

amendment appear in the claims of the USPN 7,139,413. Yoshino was previously applied

against similar recited features, distinguished by Applicant and claims were issued. Thus, it is

respectfully submitted that claim 1 and its dependent claims are allowable.

For example, Yoshino does not disclose features added by amendment to claim 1,

including "generating element codes corresponding to the facial feature designations, each


(a) a symbol representative of a facial feature, the symbol having one of a plurality of

values indicative of variations of the facial feature, and

(b) a first code factor having a value that equals or exceeds a maximum value of the

pluralil:J' of values indicative of the variations of the facial feature and combinations thereof as

recited." Applicant respectfully submits that the Office Action admits Yoshino does not teach

or suggest at least a first code factor. Further, Ohba discloses an animation producing apparatus

where a plurality of parameters correspond to a plurality of fundamental shapes. See Fig. 4 and

column 4, line 6 to column 5, line 19 of Ohba. 0 hba does not disclose a ftrst code factor having

a value that equals or exceeds a maximum value of the plurality of values indicative of the

variations of the facial feature and combinations thereof as recited in claim 1.

For at least the reason set forth above, Applicant respectfully submits that 1 and its

dependent claims are allowable. Claims 22, 41 and 44 have been amended to recite features

16


similar to those which patentably distinguish claim 1 from the Yoshino patent. Applicant

therefore submits that claims 22, 41, and their dependent claims are also allowable.

2. With respect to claim 13, the Office Action asserts that Yoshino discloses displaying

facial feature images (citing figures 4 and 5 of Yoshino). However, Applicant respectfully

submits that figures 4 and 5 in Yoshino show exemplary database information, not information

displayable to a user. See column 2, lines 50-59 of Yoshino. Thus, it is respectfully submitted

that claim 13 and its dependent claims are allowable.

Further, claims 13, 20, 34, 42, and 43 have been amended to recite features similar to

those which patentably distinguish claim 1 from the Yoshino patent. Accordingly, Applicant

submits that these claims and their dependent claims are allowable. Claim 40 is canceled without

prejudice or disclaimer.

3. Claims 11-12, 16, 32-33 and 37 were rejected under 35 USC § 103(a) for being

obvious in view of a Yoshino, Ohba and Johnston combination. This rejection is traversed on

grounds that the Johnson patent fails to teach or suggest the features added by amendment to

the base claims of claims 11, 12, 16,32,33, and 37. For at least these reasons, Applicant submits

that claims 11, 12, 16, 32, 33, and 37 are allowable.

C. Claim 45 is newly added by this Amendment and believed to be in condition for

allowance. Claim 45 is allowable for at least reasons similar to claim 13.

D. Applicant's representative, Carl R. Wesolowski, respectfully requests a personal

interview before the next action on the merits.

17


CONCLUSION

In view of the foregoing amendments and remarks, it is respectfully submitted that the

application is in condition for allowance. If the Examiner believes that any additional changes

would place the application in better condition for allowance, the Examiner is invited to contact

the undersigned attorney, Carl R. Wesolowski, at the telephone number listed below.

In view of the foregoing amendments and remarks, it is respectfully submitted that this

application is in condition for allowance. Favorable consideration and prompt allowance are

earnestly solicited.

18


To the extent necessary, a petition for an extension of time under 37 C.F.R. 1.136 is

hereby made. Please charge any shortage in fees due in connection with the filing of this,

concurrent and future replies, including extension of time fees, to Deposit Account 50-4235 and

please credit any excess fees to such deposit account.

P.O. Box 220898 Chantilly, Virginia 20153-0898 703766-3701 CRW/ldh

Date: MAY 29,2007

Respectfully submitted, THE FLESHNER GROUP, PLLC

(~/1w~' Carl R. Wesolowski, Esq. Registration No. 40,372

Please direct all correspondence to Customer Number 68733

19

REQUEST FOR CONTINUED EXAMINATION (RCE) TRANSMITTAL UNDER 37 C.F.R. §1.114

DOCKET NUMBER: IQB-0007C4 0 \ P·f If-o Prior Appln Serial No.: 10/759,225 ~

Filed: Inventor(s): Confirmation No.: Group Art Unit: Examiner:

January 20, 2004 Pierre COTE 6449 2624 Couso, Y.].

U.S. Patent and Trademark Office Customer Service Window, Mail Stop RCE Randolph Building 401 Dulany Street Alexandria, Virginia 22314

Sir: NOTE: 37 C.F.R. §1.114 is effective on May 29, 2000. If the above-identified application was filed prior to May 29, 2000, applicant may wish to consider tiling a continued prosecution application (CPA) under 37 C.F.R. §1.53(d) (PTO /SB/29) instead of a RCE to be eligible for the patent term adjustment provisions of the AIPA. See Changes to Application Examination and Provisional Application Practice, Final Rule, 65 Fed. Reg. 50092 (Aug. 16, 2000); Interim Rule, 65 Fed. Reg. 14865 (Mar. 20, 2000), 1233 Off. Gaz. Pat. Office 47 (Apr. 11, 2000), which established RCE practice.

1. Submission required under 37 C.F.R. §1.114 a. 0 Previously submitted

b.

1. 0 Consider the amendment(s/ reply under 37 c.F.R. §1.116 previously filed on __ (Any unentered amendment(s) referred to above will be entered).

ii. 0 Consider the arguments in the Appeal Brief or Reply Brief previously filed on __ iii. 0 Other:

~ Enclosed 1. ~ Amendment/Reply ll. o Affidavit(s)/Declaration(s) lli. o Information Disclosure Statement (IDS) IV. 0 Other.

2. Miscellaneous a. 0 Suspension of action on the above-identified application is requested under 37 c.F.R. §1.103(c) for a period of

__ months. Fee amount $130.00 under 37 c.F.R. §1.17(i) enclosed. (period of suspension shall not exceed 3 months; Fee under 37 C.F.R.§l.17(i) required).

b. 0 Other. 3. Fees ~ RCE fee required under 37 C.F.R. §1.17(e); Small Entity $395.00, other than small entity $790.00. The RCE fee

under 37 C.F.R. §1.17(e) is required by 37 C.F.R. 1.114 when the RCE is ftIed. ~ Extension of time fee (37 C.F.R. §§l.136 and 1.17) Payment by: a. 0 Check in the amount of $ __ (Check No. __ ) enclosed. b. ~ Please charge my Credit Card. (please see completed form PTO-0238 attached). c. 0 Please charge my Deposit Account No. 50-4235 in the amount of $ __ . A duplicate copy of this sheet

is enclosed. The Commissioner is hereby authorized to charge payment of any deficiency in the above fees associated with this communication or credit any overpayment to Deposit Account No. 16-0607. A duplicate copy is enclosed.

Correspondence Address: P.O. Box 220898 Chantilly, VA 20153-0898 (703) 766-3701 CRW/ldh

Date: MAY 29, 2007


(t../4W~ CariR. WescQ9~007 JADDOl 00880144 10159225

Registration ~tFc~~Nf 395.00 OP

Please direct all correspondence to Customer Number 68733 Document in ProLaw

Docket No.: IQB-0007C4 PATENT

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re Application of ConfIrmation No.: 6449

Pierre COTE Group Art Unit: 2624

Serial No.: 10/759,225 Examiner: Couso, Y.J.

Filed: January 20, 2004 Customer No.: 68733


PETITION FOR EXTENSION OF TIME UNDER 37 C.F.R. §1.136(a)(1)

U.S. Patent and Trademark OfHce Customer Service Window Randolph Building 401 Dulany Street Alexandria, Virginia 22314

Sir:

Applicant petitions the Commissioner of Patents and Trademarks to extend the time for

response to the Notice of Appeal HIed November 29,2006 for four (4) month(s) from January

29, 2007 to May 29, 2007.

A Form 2038 for charging our credit card including the amount of $795.00 for the

extension of time under 37 C.F.R. §1.17(a) is enclosed. Any defIciency or overpayment should

be charged or credited to Deposit Account No. 50-4235.

Correspondence Address: P.O. Box 220898 Chantilly, VA 20153-0898 (703) 766-3701 CRW/ldh

Date: MAY 29, 2007


Carl R. Wesolowski Registration No. 40,372

05/30/2007 JADD01 80000144 10759225

01 FC:2254 795.00 OP


~

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>- Z-~-t;)flColumn 1) (Column 2) (Column 3) CLAIMS HIGHEST

m REMAINING NUMBER PRESENT RATE{$) ADOI, RATE(S) ADOI,

t- AFTER PREVIOUSLY EXTRA TIONAl TIONAl Z AMENDMENT PAID FOR FEEl$) FEE(S) W Total .~ Minus .. 'f'f = c:9- I( ~ (l7CfR 1.16(1)) X = OR X " 0 Independent · 'j Minus ... 1 =~ ~ Z (17 eFR '.I8(h» x " OR X c W

ApPlication Size Fee (37 CFR 1.16(s» , 2 «

FIRST PRESENTATION OF MULTIPLE DEPENDENT Cl.AIM (37 CFR 1.16(J) OR

TOTAL TOTAL . AOO'lFEE OR ADO'lFEE ". • lithe entry In column 11s less lhan the enlry in column 2, write 'O'in column 3 .

.. If lhe 'Highest Number Prelliously Paid FoI" IN THIS SPACE Is less than 20, enter '20'. - If the ·Highest Number Prelliously Paid For" IN THIS SPACE Is less than 3, enter ·3'.

The 'Hlqhest Number Previously Paid For" (Total or Independenllis the highest number found In the approoriate box in ooIumn 1. " . ... . This collection of InformatJon.s required by 37 CFR 1.16. The .mormallon.5 required to obta.n or retain a benefit by the publiC which Is 10 file (and by the

USPTO 10 process) an application. Confidentiality Is govemed by 35 U.S.C. 122 and 37 CFR 1.14. This coIIedion is estimated to lake 12 minules to complele, indueling gathering. preparing, and submitting the completed application form to the USPTO. TIme will vary depending upon the indillidual case. Any comments on the amount of time you require to complete this form andlor suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office. U.S. Department of Commerce. P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313,1450.

, "you need BSSIstance in completing the (ann, caJ11,800-PTO-9199 and seled option 2

In re Application of Confirmatipn No.: 6449


Serial No.: 10/759,225 Examiner: Couso, YJ.

Filed: 1/20/2004 Customer No.: 34610

For: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE F ACrAL IMAGE

NOTICE OF APPEAL FROM THE PRIMARY EXAMINER TO THE BOARD OF APPEALS

U.S. Patent and Trademark Office \' Customer Service Window, Mail Stop AF

Randolph Building 401 Dulany Street Arlington, Virginia 22314

Sir:

Applicant hereby appeals to the Board of Appeals from the decision dated May 30, 2006 of the Primary Examiner finally rejecting claims 1-44.

~ Appeal Fee $250.00 and a Three-Month Extension of Time Fee $510.00.

D Pre-Appeal Brief Request for Review is enclosed herewith.

D Charge to Deposit Account No. 16-0607.

~ Please charge my Credit Card. (please see completed 'form PTO-0238 attached).

To the extent necessary, a petition for an extension of time under 37 C.F.R. 1.136 is hereby made. Please charge any shortage in fees due in connection with the filing of this paper, including extension of time fees, to Deposit Account 16-0607 and please credit any excess fees to such deposit account.

P.O. Box 221200 Chantilly, VA 20153-1200 703766-3701 MLF/RAV/SWN:knh

Date: NOVEMBER 29, 2006

Respectfull submitted,

FLES E4.'/V ne A. Vazquez, Esq.

Registration No. 38,647 Samuel W. Ntiros, Esq. Registration No. 39,318

11/30/2305 SZEWDIEl 000C0010 10759225

01 FC:2401 250.~3 or

i'''' 60cket No.: IQB-0007C4 PATENT

In re Application of Confltmation No.: 6449


Serial No.: 10/759,225 Examiner: Couso, Y.J.



PETITION FOR EXTENSION OF TIME UNDER 37 C.F.R. §1.136(a)(1)

U.S. Patent and Trademark Office Customer Service Window Randolph Building 401 Dulany Street Alexandria, Virginia 22314

Sir:


response to the Final Office Action dated May 30, 2006 for three months.

A Form 2038 for charging our credit card including the amount of $510.00 for the

extension of time under 37 C.F.R. § 1.17 (a) is enclosed. Any deficiency or overpayment should

be charged or credited to Deposit Account No. 16-0607.

Correspondence Address: P.O. Box 221200 Chantilly, VA 20153-1200 (703) 766-3701 MU/RAVISI¥N:knh

Date: NOVEMBER 29, 2006

Rene A. Vazq'll8Jl~.sq...----Registration No. 38,647 Samuel W. Ntiros, Esq. Registration No. 39,318

11/301200& SZEWDIEl 0300~010 10759225

02 FC:2253 510.00 OP



APPLICATION NO. FILING DATE

10(759,225 0112012004

7590 0513012006



Pierre Cote


P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov

ATTORNEY DOCKET NO. CONFIRMATION NO.

IQB-0007C4 6449

EXAMINER

COUSO, YON JUNG


2624


Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Application No.

10/759,225

Office Action Summary Examiner

Applicant(s)

COTE, PIERRE

Art Unit

Yon Couso 2624

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE J. MONTH(S) OR THIRTY (30) DAYS, WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.

Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, maya reply be timely filed after SIX (6) MONTHS from the mailing date of this communication. If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133). Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).

Status

1)[8] Responsive to communication(s) filed on 10 Mav 2006.

2a)[8] This action is FINAL. 2b)0 This action is non-final.

3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is

closed in accordance with the practice.under Ex parte Quayle, 1935 C'.D. 11,453 O.G. 213.

Disposition of Claims

4)[8] Claim(s) 1-44 isfare pending in the application~

4a) Of the above claim(s) __ is/are withdrawn from consideration.

5)0 Claim(s) __ is/are allowed.

\ 6)[8] Claim(s) 1-44 is/are rejected.

7)0 Claim(s) __ . is/are objected to.

8)0 Claim(s) __ are subject to restriction and/or election requirement.

Application Papers

9)0 The specification is objected to by the Examiner.

10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).

Replacement drawing sheet(s) induding the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).

11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.

Priority under 35 U.S.C. § 119

12)0 Acknowledgment is.made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (t).

a)O All b)O Some * c)O None of:

1.0 Certified copies of the priority documents have been received.

2.0 Certified copies of the priority documents have been received in Application No. __ .

3.0 Copies of the certified copies of the priority documents have been received in this National Stage

application from the International Bureau (PCT Rule 17.2(a».

* See the attached detailed Office action for a list of the certified copies not received.

Attachment(s)

1) 0 Notice of References Cited (PTO-892)

2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948)

3) 0 Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08) Paper No(s)/Mail Date __ '

4) 0 Interview Summary (PT0-413) Paper No(s)/Maii Date, __ '

5) 0 Notice of Informal Patent Application (PTO-152) 6) 0 Other: __ '


PTOL-326 (Rev, 7-05) Office Action Summary Part of Paper No.lMail Date 20060517


Art Unit: 2624

Page 2

1. Applicant's arguments with respect to claims 1-43 have been considered but are

moot in view of the new ground(s) of rejection.

2. Claims 1-44 are rejected under 35 U.S.C. 112, second paragraph, as being

indefinite for failing to particularly point out and distinctly claim the subject matter which

applicant regards as the invention.

Claim 1, lines 8-10 "a first code factor having a value that equals or exceeds a

maximum value of the plurality of values indicative of the variations of the fadal feature"

is vague and indefinite as to what the value is. It is also not clear how the variations of

the facial feature can be defined as a value.

Claims 13, 20, 22, 34, 40-43 include the same problem.

Claim 44, lines 5-7 "a second code factor having a value that equals or exceeds

a maximum value of the plurality of values indicative of the variations of the position of

the facial feature in the composite image" is vague and indefinite as to what the value is.

It is also not clear how the variations of the position of the facial feature can be defined

as a value.

Claims 2-12,14-19,21,23-39, variously depend from an indefinite antecedent

claim.

3. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all

obviousness rejections set forth in this Office action:

(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made ..

Application/Control Number: 101759,225

Art Unit: 2624

Page 3

This application currently names joint inventors. In considering patentability of

the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of

the various claims was commonly owned at the time any inventions covered therein

were made absent any evidence to the contrary. Applicant is advised of the obligation

under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was

not commonly owned at the time a later ,invention was made in order for' the examiner to

consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g)

prior art under 35 U.S.C. 103(a).

Claims 1-10,13-15,17-31,34-36, and 38-43 are rejected under 35 U.S.C. 103(a)

as being unpatentable over Yoshino et al (US Patent No. 5,644,690) in view of Ohba et

al (US Patent No. 5,214,758).

As for claims 1, 22 and 41, Yoshino teaches a method, comprising: receiving a

number of facial feature designations (column 4, line 59-column 5, line 6); generating

element code corresponding to the facial feature deSignation, element codes based on

a symbol representative of a facial feature, the symbol having one of a plurality of

values indicative of variations of the facial feature (column 4, line 48-column 5, line 42);

and displaying a composite image based on the facial feature designations (column 5,

lines 14-22). Even though Yoshino does not,teach details on a first code factor having a

value that equals or exceeds a maximum value of the plurality of values indicative of the

variations of the facial feature, Yoshino clearly discloses generating code factor of the

plurality values indicative of the variations of the facial feature. Moreover, Ohta teaches

generating element codes, each element code based on a symbol representative of the

Application/Control Number: 10n59,225 Art Unit: 2624

Page 4

. image part associated with the element code, the symbol having one of a plurality of

values indicative of variations of the certain characteristics (abstract, lines 4-5), and a

first code factor having a value that equals or exceeds a maximum value of the plurality

of values indicative of the variations of the certain characteristics (abstract, lines 5-8).

Given the references at the time the invention was made, it would have been obvious to

one of ordinary skill in the art to incorporate element code corresponding to the certain

characteristics, including the shape and motion of the characters taught in the Ohba

reference into Yoshino which teaches generating code factor of the plurality values

indicative of the variations of the facial feature (column 4, line 59-column 5, line 6)

because both Ohba and Yoshino deal with characteristics of the character, whether it is

limit~d to the facial characteristics of the character or shape characteristics of the

character. Motivation to combine the references would have been the fact that the Ohba

and Yoshino both generate element codes corresponding to image feature and each

element code is based on a symbol representative of a certain feature, the symbol

having one of a plurality of values indicative of variations of the certain feature.

As for claim 2, Yoshino teaches that the receiving step including displaying a

plurality of facial feature images (at least figures 4 and 5); and receiving user signals

selecting facial feature images included in the composite image (column 4, lines 15-29).

As for claim 3, Yoshino teaches that the displaying the composite image includes

displaying the facial feature images in the composite image as the images are selected

by the user signals (column 3, line 44-column 4, line 29), the images corresponding to

respective ones of the element codes (column 4, line 48-column 5, line 42).


Art Unit: 2624

Page 5

As for claim 4, Yoshino teaches that the facial feature images in the composite

image are displayed at predetermined positions relative to one another when selected

(figures 8 and 9).

As for claim 5, Yoshino teaches that receiving user modification signals for

changing at least one of a size, shape, or position of at least one of the facial feature

images in the composite image (column 5, lines 14-.22).

As for claim 6, Yoshino teaches that the user signals are generated by an input

device (column 3, linE!s 46-52).

As for claim 7, Yoshino teaches that the input device includes one of a touch

screen, a mouse, a pointing device, and a keyboard (column 3, lines 46-52).

As for claim 8, Yoshino teaches that the plurality of facial feature images are

displayed in separate classes (figures 4 and 5).

As f6r claim 9, Yoshino teaches that the receiving step includes: displaying

information corresponding to a plurality of classes of facial features (figures 4 and 5»; •

and receiving user signals designating facial features in the composite image, each user

signal designating a facial feature from a respective one of the classes (column 4, line

59-column 5, line 6).

As for claim 10, Yoshino teaches·that the information includes a plurality of

groups of facial feature images, each group corresponding to a respective one of the

classes (figures 4 and 5).

As for claims 23-31, see claims 2-10 above.


Art Unit: 2624

Page 6

As for claims ,13, 17, 18, 19,34,38,39, and 42, Yoshino teaches displaying

facial feature images (figures 4 and 5) and displaying a composite facial image (figures

8 and 9), the composite image including facial feature images selected from the first . . screen area. Even though Yoshino does n'ot teach details on displaying facial feature

images on a first area of a screen and displaying a composite facial image on a second

area of the screen, Yoshino clearly discloses displaying both facial feature images and

a composite facial image information. Given the reference at the time the invention was

made,it would have been obvious to one of ordinary skill in the art to display facial

feature images and a composite facial image in a manner convenient to one of ordinary

skill in the art because there is no specific teaching in the Yoshino as to how the facial

feature images and a composite facial image should be displayed. Display format is

usually based on the user's preference that it is deemed to be a matter of personal

preference as to how the facial feature images and a composite facial image are

displayed. Yoshino teaches a method, comprising: receiving a number of facial feature

designations (column 4, line 59-column 5, line 6); generating element code

corresponding to the facial featur~ designation, element codes based on a symbol

representative of a facial feature, the symbol having one of a plurality of values

indicative of variations of the facial feature (column 4, line 48-column 5, line 42); and

displaying a composite image based on the facial feature designations (column 5, lines

14-22).

With regard to a first code factor having a value that equals or exceeds a

maximum value of the plurality of values indicative of the variations of the facial feature,

I

Application/Control Number: 10/759,225

Art Unit: 2624

Page 7

Yoshino clearly discloses generating code factor of the plurality values indicative of the

variations of the facial feature. Moreover, Ohba teaches generating element codes,

each element code based on a symbol representative of the image part associated with

the element code, the symbol having one of a plurality of values indicative of variations

of the certain characteristics (abstract, lines 4-5), and a first code factor having a value

that equals or exceeds a, maximum value of the plurality of values indicativ.e of the

variations of the certain characteristics (abstract, lines 5-8). Given the references at the'

time the invention was made, it would have been obvious to one of ordinary skill in the

art to incorporate element code corresponding to the certain characteristics, including

the shape and motion of the characters taught in the Ohba reference into Yoshino which

teaches generating code factor of the plurality 'values indicative of the variations of the

facial feature (column 4, line 59-column 5, line 6) because both Ohba and Yoshino deal

with characteristics of the character, whether it is limited to the facial ch~racteristics of

the character or shape characteristics of the character. Motivation to combine the

references would have been the fact that the Ohba and Yoshino both generate element ,

codes corresponding to' image feature and each element code is based on a symbol

representative of a certain feature, the symbol having one of a plurality of values

indicative of variations of the certain feature.

For claims 14, 15,35, and 36, see claims 9-10 above.

For claims 20, 40, and 43, Yoshino teaches automatically modifying the

composite facial image based on a selection of a facial feature image (column 5, lines

14-22).


Art Unit: 2624

For claim 21, see. claim 10 above.

Page 8

4. Claims 11, 12, 16,32,33, and 37 are rejected under 35 U.S.C. 103(a) as being

unpatentable over Yoshino et al (US Patent No. 5,644,690) in view of Ohba et al (US

Patent No. 5,214,758) as applied to claims 1, 22, and 41 al')d further in view of Johnston

(US Patent No. 5,375,195). ,

As for claims 11 and 12, Yoshino teaches that the classes of facial features are

s~lected from the group comprising eyes, mouth, nose, jaw line, face shape, and hair

(column 4, lines 21-29 and figures 4 and 5). Even though Yoshino does not specifically

teach the facial features such as beard, mustache, lips, skin pigment, and identifying

features, it would have been obvious to one of ordinary skill in the art to include any

number of facial features into the teaching of Yoshino. Moreover Johnston, which is an

old and well-known reference in the art of generating composite human faces, teaches

various facial features, such as forehead, eyebrows, lips, chin, cheeks, beards, and

eyeglasses (column 1, lines 51-57). Johnston also teaches skin pigment (column 1,

lines 57-60). Johnston also discloses moustaches and hats (column 12, lines 35-39).


one of ordinary skill in the art to incorporate facial features taught in the Johnston's

reference into Yoshino which primarily discloses basic feature of the forehead because

by adding the additional features such as hats, beards, eyeglasses, forehead,

eyebrows, lips, chin, cheeks, moustaches, and skin pigment would enhance the

composite image of human faces.

For claims 16, 32, 33, and 37, see claims 11 and 12 above.


Art Unit: 2624

. Page 9

5. Applicant's amendment necessitated the new ground(s) of rejection presented in

this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP

§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37

CFR 1.136(a).

'A shortened statutory period for reply to this final action is set to expire THREE

MONTHS from the mailing date of this action. In the event a first reply is filed within

TWO MONTHS of the mailing date of this final action and the advisory action is not

mailed until after the end of the THREE-MONTH shortened statutory period, then the

shortened statutory period will expire on the date the advisory action is mailed, and any

extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of

the advisory action. In no event, however, will the statutory period for reply expire later

than SIX MONTHS from the date of this final action.

6. Any inquiry concerning this communication or earlier communications from the , .

examiner should be directed to Yon Couso whose telephone number is(571) 272-7448.



supervisor, Jingge Wu, can be reached on (571) 272-7429. The fax phone number for

the organization where ·this application or proceeding is assigned is 571.:.273-8300.



published applications maybe obtained from either Private PAIR or Public PAIR.


Application/Control Number: 101759,225 Art Unit: 2624

Page 10




c/: ~ ... ~-, --'

'. VON J. COUSO ' PRIMARY EXAMINER

YJC

May 17,2006

l

Index of Claims Application/Control No. Applicant(s)/Patent under

Reexamination

III "' "' ,~" "' "' II

101759,225 COTE, PIERRE Examiner Art Unit

Yon Couso 2624

.J Rejected - (Through numeral) Non-Elected Appeal Cancelled N A

= Allowed .,. Restricted I Interference 0 Objected

Claim Date Claim Date Claim Date

7ii 7ii ~ 7ii

7ii 7ii

7ii c: c: c: c: '0 c: :g> c: :g> u:: (5 () u::

0 u::

0

1 \I 51 101 2 52 102 3 53 103 4 54 104 5 55 105 6 56 106 7 57 107 8 58 108 9 59 109 10 60 110 11 61 111 12 62 112 13 63 113 14 64 114 15 65 115 16 66 116 17 67 117 18 68 118 19 69 119 20 70 120 21 71 121 22 72 122 23 73 123 24 74 124 25 75 125 26 76 126

, 27 77 127 :' 28 78 128

29 79 129 30 80 130 31 81 131 32 82 132 33 83 133 34 84 134 35 85 135 36 86 136 37 87 137 38 88 138 39 89 139 40 90 140 41 91 141 42 92 142 43 93 143 44 \ 94 144 45 95 145 46 96 146 47 97 147 48 98 148 49 99 149 50 100 150

U.S. Patent arid Trademark Office Part of Paper No. 20060517

Search Notes Application/Control No. Applicant(s}/Patent under

Reexam ination

111111111111111111111111 101759,225 COTE, PIERRE Examiner Art Unit

Yon Couso 2624

SEARCHED SEARCH NOTES (INCLUDING SEARCH STRATEGY)

Class Subclass Date Examiner DATE EXMR

~ 2-37- b-sf /1 ~ '1-3> ..... -

\f-IJ-~(, ~~ ")ir '-'

//~ Jed-'

S--I?-"~V

3t/~ :B9t]-j ~ V '3<Lr 4-13

12/ .5'"3 0

LvL

I



'--

U.S, Patent and Trademark Office Part of Paper No. 20060517

).,

Docket No.: IQB-0007C4 ... .4',. '

IN THE UNITED STATES PATENT AND TRADEMARKDFFI(;E

~·U~ PA~ .7

In re Application of

Serial No: 10/759,225

Filed:

For:

U.S. Patent and Trademark Office Customer Window, Mail Stop Amendment Randolph Building 401 Dulany Street Alexandria, Virginia 22314

Dear Sir:

Confinnation No.: 6449

Group Art Unit: 2183

Examiner: Couso, Y.].

Transmitted herewith is an Amendment and/or Reply in the above identified application. D No additional fee is required. D Also attached:

The fee has been calculated as shown below:

HIGHEST PREVIOUSLY

PAID FOR

TOTAL FEE DUE

EXTRA CLAIMS RATE FEE

D Please charge my Deposit Account No. 16-0607 in the amount of $ __ . An additional copy of this transmittal sheet is submitted herewith.

~ A check in the amount of $ 25.00 (Check #llil2) is attached.

~ The Commissioner is hereby authorized to charge payment of any fees associated with this communication or credit any overpayment, to Deposit Account No. 16-0607, including any filing fees under 37 C.F.R. 1.16 for presentation of extra claims and any patent application processing fees under 37 C.F.R. 1.17,

P.O. Box 221200 Chantilly, VA 20153-1200 (703) 766-3701 MLF/SWN/lm

Date: MAY 10, 2006

Mark L. Fleshner, Esq. Registration No. 34,596

Samuel W. Ntiros, Esq. Registration No. 39,318

Please direct all correspondence to Customer Number 34610 \ \Fk4\Documents\2174\2174-046\93995.doc

Attorney Docket No: IQB-0007C4

re patent application of

Serial No. 10/759,225


)

)

)

)

ConfIrmation No. 6449

Examiner: Couso, Y.J.


For: SYS1EM AND METHOD FOR CREATING AND DISPLAYING A COMPOSI1E FACIAL IMAGE

AMENDMENT

U.S. Patent and Trademark OffIce Customer Service Window, Mail Stop Amendment Randolph Building 401 Dulany Street Alexandria, Virginia 22314

Sir:

May 10,2006

The following amendments and remarks are submitted in response to the OffIce

Action mailed on May 3, 2006, in connection with the above-identifIed application.

Amendments to the Claims are in the Listing of Claims beginning on page 2.

Remarks begin on page 14.

05/11/2006 FMETEKI1 00000055 10759225

01 FC:2202 25.00 OP

Serial No. 10/759,225

Listing of Claims

1. (Currently Amended) A method, comprising:

receiving a number of facial feature designations;

generating element codes corresponding to the facial feature designations

each element code based on:

.w a symbol representative of a facial feature the symbol having one

of a plurality of values indicative of variations of the facial feature

and

.(b). a ftrst code factor having a value that equals or exceeds a maximum

value of the plurality of values indicative of the variations of the

facial feature: and

displaying a composite image based on the element codes corresponding

to the facial feature designations.



receiving user signals selecting facial feature images included in the

composite image.

3. (Currently Amended) The method of claim 2, wherein displaying the

composite image includes:

displaying the facial feature images in the composite image as the images

are selected by the user signals the images corresponding to respective ones of the

element codes.

-2-

Serial No. 10/759,225

4. (Original) The method of claim 3, wherein the facial feature images in the

composite image are displayed at predetermined positions relative to one another when

selected.

5. (Original) The method of claim 2, further comprising:

receiving user modification signals for changing at least one of a size,

shape, or position of at least one of the facial feature images in the composite image.

6. (Original) The method of claim 2, wherein the user signals are generated

by an input device.

7. (Original) The method of claim 6, wherein the input device includes one

of a touch screen, a mouse, a pointing device, and a keyboard.

8. (Original) The method of claim 2, wherein the plurality of facial feature

images are displayed in separate classes.


displaying information corresponding to a plurality of classes of facial

features; and

receiving user signals designating facial features in the composite image,

each user signal designating a facial feature from a respective one of the classes.

-3-

Serial No. 10/759,225

10. (Original) The method of claim 9, wherein said information includes a

plurality of groups of facial feature images, each group corresponding to a respective one

of the classes.

11. (Original) The method of claim 9, wherein the classes of facial features are

selected from the group comprising eyes, nose, mouth, jaw line, hair, beard, mustache,

lips, skin pigment, face shape, and identifying features.

12. (Original) The method of claim 11, wherein the identifying features

include at least one of a scar, tattoo, birth mark, glasses, and jewelry.

13. (Currently Amended) A method, comprising:

displaying facial feature images on a ftrst area of a screen; and

displaying a composite facial image on a second area of the screen, said

composite image including facial feature images selected from the ftrst screen area.

wherein selection of each facial feature image automatically generates a corresponding


.w a symbol representative of a facial feature the symbol having one

of a plurality of values indicative of variations of the facial feature and


value of the plurality of values indicative of the variations of the facial feature wherein

the composite facial image is displayed based on a combination of element codes

corresponding to the selected facial feature images.

-4-

Serial No. 10/759,225

14. (Original) The method of claim 13, wherein the images are displayed in

classes in the fIrst screen area, each class corresponding to a different type of facial

feature.

15. (Original) The method of claim 14, wherein each class of images is

separately displayed in the fIrst screen area in response to a user signal selecting the class.

16. (Original) The method of claim 14, wherein the classes of images are



17. (Original) The method of claim 13, wherein selecting a facial feature image

in the fIrst screen area causes the facial feature image to be displayed in the second

screen area.

18. (Original) The method of claim 17, wherein the selected facial feature is

displayed at a predetermined position in the second screen area relative to other facial

feature images in the composite image.

19. (Original) The method of claim 13, wherein selecting a facial feature in the

fIrst screen area causes the facial feature to appear in the second screen area.

-5-

Serial No. 10/759,225

20. (Currendy Amended) A method, comprising:

displaying a composite facial image in a ftrst screen area;

displaying a group of facial feature images in a second screen area; and

automatically modifying the composite facial image in the fust screen area

based on a selection of a facial feature image in the second screen area, each of the facial

feature images corresponding to an element code based on:

W a symbol representative of a facial feature the symbol having one

of a plurality of values indicative of variations of the facial feature, and

.(b). a fust code factor having a value that equals or exceeds a maximum

value of the plurality of values indicative of the variations of the facial feature, wherein

the composite facial image is based on a combination of element codes including an

element code corresponding to the selected facial feature image.

21. (Original) The method of claim 20, wherein the group includes more than

one facial feature image.

22. (Currendy Amended) A system, comprising:

a processor which generates a composite image based on user signals

designating a number of facial features, the processor automatically generating element

codes corresponding to the designated facial features, each element code based on:

W a symbol representative of a facial feature, the symbol having one


and

-6-

Serial No. 10/759,225

.(b). a flrst code factor having a value that equals or exceeds a maximum


facial feature: and

a screen which displays the composite image based on the element codes

corresponding to the designated facial features.

23. (Currently Amended) The system of claim 22, wherein the screen displays

a plurality of facial feature images based on the element codes and the processor

generates the composite image based on facial feature images selected by the user

signals.

24. (Original) The system of claim 23, wherein the screen displays the facial

feature images in the composite image as the images are selected by the user signals.

25. (Original) The system of claim 24, wherein the processor controls display

of the facial feature images at predetermined positions on the screen.

26. (Original) The system of claim 24, wherein the processor modifles at least

one of a size, shape, or position of the facial feature images in the composite image

based on user modification signals.

27. (Original) The system of claim 22, further comprising:


-7-

Serial No. 10/759,225

28. (Original) The system of claim 27, wherein the input device includes one


29. (Original) The system of claim 23, wherein the screen displays the plurality

of facial feature images in separate classes.

30. (Original) The system of claim 22, wherein the screen displays information

corresponding to a plurality of classes of facial features, and wherein each user signal

designates a facial feature from a respective one of the classes.

31. (Original) The system of claim 30, wherein said information includes a

plurality of groups of facial feature images, each group corresponding to a respective one

of the classes.

32. (Original) The system of claim 31, wherein the classes of facial features are



33. (Original) The system of claim 32, wherein the identifying features include

at least one of a scar, tattoo, birth mark, glasses, and jewelry.

-8-

Serial No. 10/759,225


a screen; and

a processor for controlling the screen to display a number of facial feature

images on a fIrst area of a screen and to display a composite facial image on a second

area of the screen, said composite image including facial feature images selected from the

fIrst screen area the processor automatically generating element codes corresponding to

the selected facial feature images each element code based on:



.(b). a fIrst code factor having a value that equals or exceeds a maximum

value of the plurality of values indicative of the variations of the facial feature the

composite image based on element codes corresponding to the selected facial feature

images.

35. (Original) The system of claim 34, wherein the images are displayed in

classes in the fIrst screen area, each class corresponding to a different type of facial

feature.

36. (Original) The system of claim 35, wherein each class of images is

separately displayed in the flrst screen area in response to a user signal selecting the class.

-9-

Serial No. 10/759,225

37. (Original) The system of claim 35, wherein the classes of images are



38. (Original) The system of claim 34, wherein selecting a facial feature image

in the flrst screen area causes the facial feature image to be displayed in the second

screen area.

39. (Original) The system of claim 38, wherein the selected facial feature is

displayed at a predetermined position in the second screen area relative to other facial



a screen which displays a composite facial image in a flrst area and a group

of facial feature images in a second area; and

a processor which modifles the composite facial image in the flrst screen

area based on a selection of a facial feature image in the second screen area each of the

facial feature images corresponding to an element code based on:

.w. a symbol representative of a facial feature. the symbol having one


.(b). a flrst code factor having a value that equals or exceeds a maximum


-10-

Serial No. 10/759,225

the composite facial image is based on a combination of element codes including an

element code corresponding to the selected facial feature image.

41. (Currently Amended) A computer-readable medium storing a program

compnsmg:

a first code section which causes a processor to recognize a number of

facial feature designations;

a second code section which generates element codes corresponding to

the facial feature designations, each element code based on:

.w. a symbol representative of a facial feature the symbol having one


and


facial feature: and

a third seeofld code section which causes a screen to display a composite

image based on element codes corresponding to the facial feature designations.


comprising:

a ftrst code section which causes a screen to display facial feature images

on a ftrst area; and

-11-

Serial No. 10/759,225

a second code section which causes the screen to display a composite

facial image on a second area, said composite image including facial feature images

selected from the flrst screen area, wherein selection of each facial feature image causes

the second code section to automatically generate a corresponding element code based

W a symbol representative of a facial feature. the symbol having one

of a plurality of values indicative of variations of the facial feature. and

.(Q). a flrst code factor having a value that equals or exceeds a maximum


the composite facial image is displayed based on a combination of element codes

corresponding to the selected facial feature images.


comprising:

a first code section which displays a composite facial image in a flrst

screen area;

a second code section which displays a group of facial feature images in a

second screen area; and

a third code section which modifies the composite facial image in the flrst

screen area based on a selection of a facial feature image in the second screen area.

wherein the composite facial image is formed from a plurality of facial feature images

including the selected facial feature image, each facial feature image represented by an


-12-

Serial No. 10/759,225




value of the plurality of values indicative of the variations of the facial feature.

44. (New) The method of claim 1, wherein each of the element codes further

includes:

an image qualifter having one of a plurality of values indicative of

variations of a position of the facial feature in the composite image; and

a second code factor having a value that equals or exceeds a maximum

value of the plurality of values indicative of the variations of the position of the facial

feature in the composite image.

-13-

Serial No. 10/759,225

REMARKS

Claims 1-44 are pending. In this paper, claims 1, 3, 13, 20, 22, 23, 34, and 40-43

have been amended and claim 44 has been added to further protect the invention.

Reconsideration of the application is requested for the following reasons.

In the Office Action, claims 1-10, 22-31, and 41 were rejected under 35 USC §

1 02 (b) for being anticipated by the Yoshino patent. This rejection is respectfully

traversed for the following reasons.

The Yoshino patent discloses forming a facial image from a combination of

images, each representing a part of the face. Yoshino further discloses assigning

numbers to each image part. However, Yoshino does not disclose the features added by

amendment to claim 1, including "generating element codes corresponding to the facial

feature designations, each element code based on:



(b) a first code factor having a value that equals or exceeds a maximum value

of the plurality of values indicative of the variations of the facial feature."

Yoshino also fails to disclose that the composite image is displayed "based on the

element codes corresponding to the facial feature designations."

Because the Yoshino patent does not disclose all the feature of claim 1, it is

respectfully submitted that the Yoshino patent cannot anticipate this claim. Applicant

further submits that features similar to those added by amendment to claim 1 appear in

the claims of the parent patent. Accordingly, it is submitted that claim 1 and its

dependent claims are allowable.

-14-

Serial No. 10/759,225

Claims 22 and 41 have been amended to recite features similar to those which

patentably distinguish claim 1 from the Yoshino patent. Applicant therefore submits that

claims 22, 41, and their dependent claims are also allowable.

Claims 13-15, 17-21, 34-36, 38-40, 42, and 43 were rejected under 35 USC §

103(a) for being obvious in view of the Yoshino patent. This rejection is traversed on

grounds that claims 13, 20, 34, 40, 42, and 43 have been amended to recite features

similar to those which patentably distinguish claim 1 from the Yoshino patent.

Accordingly, application submits that these claims and their dependent claims are

allowable.

Claims 11, 12, 16, 32, 33, and 37 were rejected under 35 USC § 103(a) for being

obvious in view of a Y oshino-J ohnston combination. This rejection is traversed on

grounds that the Johnson patent fails to teach or suggest the features added by

amendment to the base claims of claims 11, 12, 16,32,33, and 37. For at least these

reasons, Applicant submits that claims 11, 12, 16,32,33, and 37 are allowable.

New claim 44 recites that each of the element codes further includes an image

qualifier having one of a plurality of values indicative of variations of a position of the

facial feature in the composite image, and a second code factor having a value that

equals or exceeds a maximum value of the plurality of values indicative of the variations

of the position of the facial feature in the composite image. These features are not taught

or suggested by the cited references, whether taken alone or in combination.

In view of the foregoing amendments and remarks, it is respectfully submitted

that the application is in condition for allowance. Favorable consideration and prompt

allowance of the application is respectfully requested.

-15-

Serial No. 10/759,225

To the extent necessary, Applicants petition for an extension of time under 37

CFR § 1.136. Please charge any shortage in fees due in connection with this application

to Deposit Account No. 16-0607 and credit any excess fees to the same Deposit

Account.

FLESHNER & KIM, LLP P.O. Box 221200 Chantilly, Virginia 20153-1200 Telephone No: (703) 766-3701 Facsimile No: (703) 766-3644

Mark L. Fleshner Registration No. 34,596

Samuel W. Ntiros Registration No. 39,318

-16-

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PATENT APPLICATION FEE DETERMINATION RECORD Aj()~S4~~ Substitute for Fonn PTO-875

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APPLICA nON NO. FILING DATE

101759,225 01/20/2004

7590 05103/2006



Pierre Cote

UNITED STATES DEPARTMENT OF COMMERCE United States Patent aod Trademark Office Address: COMMISSIONER FOR PATENTS

P.O. Bo. l4S0 Alexandria, Virginia 22313-l4S0 www.uspto.gov

ATTORNEY DOCKET NO. CONFIRMA nON NO.

IQB-0007C4 6449

EXAMINER

COUSO, YON JUNG


2624


Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Application No.

101759,225

Office Action Summary Examiner

Yon Couso

Applicant(s)

COTE, PIERRE

Art Unit

2624 -- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --

Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE {l MONTH(S) OR THIRTY (30) DAYS, WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. - Extensions of time may be available under the provisions of 37 CFR 1.136(a}. In no event, however, maya reply be timely filed

after SIX (6) MONTHS from the mailing date of this communication. - If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. - Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).

Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patentterm adjustment. See 37 CFR 1.704(b}.

Status

1)~ Responsive to communication(s) filed on 20 January 2004.

2a)0 This action is FINAL. 2b)~ This action is non-final.

3)0 Since this application is in condition for allowance except for fonnal matters, prosecution as to the merits is

closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11,453 O.G. 213.

Disposition of Claims

4)~ Claim(s) 1-43 is/are pending in the application.

4a) Of the above claim(s) __ is/are withdrawn from consideration.

5)0 Claim(s) __ is/are allowed.

6)~ Claim(s) 1-43 is/are rejected.

7)0 Claim(s) __ is/are objected to.

8)0 Claim(s) __ are subject to restriction and/or election requirement.

Application Papers

9)0 The specification is objected to by the Examiner.

10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).

Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).

11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or fonn PTO-152.

Priority under 35 U.S.C. § 119

12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (t). a)O All b)O Some * c)O None of: '

1.0 Certified copies of the priority documents have been received.

2.0 Certified copies of the priority documents have been received in Application No. __ .

3.0 Copies of the certified copies of the priority documents have been received in this National Stage

application from the International Bureau (PCT Rule 17.2(a».

* See the attached detailed Office action for a list of the certified copies not received.

Attachment(s)

1) ~ Notice of References Cited (PT0-892)

2) 0 Notice of Draftsperson's Patent Drawing Review (PTO-948)

3) ~ Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08) Paper No(s)/MaiJ Date 1120104.

4) 0 Interview Summary (PT0-413) Paper No(s)/MaiJ Date. __ .

5) 0 Notice of Informal Patent Application (PT0-152) 6) 0 Other: __ .

U.S. Patent and TrademaJ1< Office

PTOL-326 (Rev. 7-05) Office Action Summary Part of Paper No.lMail Date 20060419


Art Unit: 2624

Page 2

1. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that

form the basis for the rejections under this section made in this Office action:

A person shall be entitled to a patent unless -

(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.

Claims 1-10,22-31, and 41 are rejected under 35 U.S.C. 102(b) as being

anticipated by Yoshino et al (US Patent No. 5,644,690).

As for claims 1,22 and 41, Yoshino teaches a method, comprising: receiving a

number of facial feature designations (column 4, line 59-column 5, line 6); and

displaying a composite image based on the facial feature designations (column 5, lines

14-22).

As for claim 2, Yoshino teaches that the receiving step including displaying a

plurality of facial feature images (at least figures 4 and 5); and receiving user signals

selecting facial feature images included in the composite image (column 4, lines 15-29).

As for claim 3, Yoshino teaches that the displaying the composite image includes

displaying the facial feature images in the composite image as the images are selected

by the user signals (column 3, line 44-column 4, line 29).

As for claim 4, Yoshino teaches that the facial feature images in the composite

image are displayed at predetermined positions relative to one another when selected

(figures 8 and 9).

As for claim 5, Yoshino teaches that receiving user modification signals for

changing at least one of a size, shape, or position of at least one of the facial feature

images in the composite image (column 5, lines 14-22).


Art Unit: 2624

Page 3

As for claim 6, Yoshino teaches that the user signals are generated by an input

device (column 3, lines 46-52).

As for claim 7, Yoshino teaches that the input device includes one of a touch

screen, a mouse, a pointing device, and a keyboard (column 3, lines 46-52).

As for claim 8, Yoshino teaches that the plurality of facial feature images are

displayed in separate classes (figures 4 and 5).

As for claim 9, Yoshino teaches that the receiving step includes: displaying

information corresponding to a plurality of classes of facial features (figures 4 and 5»;

and receiving user signals designating facial features in the composite image, each user

signal designating a facial feature from a respective one of the classes (column 4, line

59-column 5, line 6).

As for claim 10, Yoshino teaches that the information includes a plurality of

groups of facial feature images, each group corresponding to a respective one of the

classes (figures 4 and 5).

As for claims 23-31, see claims 2-10 above.

2. The following is a quotation of 35 U.S.C. 1 03{a) which forms the basis for all

obviousness rejections set forth in this Office action:

(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

This application currently names joint inventors. In considering patentability of

the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of


Art Unit: 2624

Page 4

the various claims was commonly owned at the time any inventions covered therein

were made absent any evidence to the contrary. Applicant is advised of the obligation

under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was

not commonly owned at the time a later invention was made in order for the examiner to

consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g)

prior art under 35 U.S.C. 103(a).

Claims 13,14,15,17-21,34-36,38-40,42, and 43 are rejected under 35 U.S.C.

1 03(a) as being unpatentable over Yoshino et al (US Patent No. 5,644,690).

The arguments advanced in paragraph 1 above as to the applicability of the

reference are incorporated herein.

As for claims 13,17,18,19,34,38,39, and 42, Yoshino teaches displaying

facial feature images (figures 4 and 5) and displaying a composite facial image (figures

8 and 9), the composite image including facial feature images selected from the first

screen area. Even though Yoshino does not teach details on displaying facial feature

images on a first area of a screen and displaying a composite facial image on a second

area of the screen, Yoshino clearly discloses displaying both facial feature images and

a compOSite facial image information. Given the reference at the time the invention was

made, it would have been obvious to one of ordinary skill in the art to display facial

feature images and a composite facial image in a manner convenient to one of ordinary

skill in the art because there is no specific teaching in the Yoshino as to how the facial

feature images and a composite facial image should be displayed. Display format is

usually based on the user's preference that it is deemed to be a matter of personal


Art Unit: 2624

preference as to how the facial feature images and a composite facial image are

displayed.

For claims 14, 15,35, and 36, see claims 9-10 above.

For claims 20, 40, and 43, Yoshino teaches automatically modifying the

Page 5

composite facial image based on a selection of a facial feature image (column 5, lines

14-22).

For claim 21, see claim 10 above.

3. Claims 11, 12, 16, 32, 33, and 37 are rejected under 35 U.S.C. 1 03(a) as being

unpatentable over Yoshino et al (US Patent No. 5,644,690) in view of Johnston (US

Patent No. 5,375,195).

The arguments advanced in paragraph 1 above as to the applicability of the

reference are incorporated herein.

As for claims 11 and 12, Yoshino teaches that the classes of facial features are

selected from the group comprising eyes, mouth, nose, jaw line, face shape, and hair

(column 4, lines 21-29 and figures 4 and 5). Even though Yoshino does not specifically

teach the facial features such as beard, mustache, lips, skin pigment, and identifying

features, it would have been obvious to one of ordinary skill in the art to include any

number of facial features into the teaching of Yoshino. Moreover Johnston, which is an

old and well-known reference in the art of generating composite human faces, teaches

various facial features, such as forehead, eyebrows, lips, chin, cheeks, beards, and

eyeglasses (column 1, lines 51-57). Johnston also teaches skin pigment (column 1,

lines 57-60). Johnston also discloses moustaches and hats (column 12, lines 35-39).


Art Unit: 2624

Page 6


one of ordinary skill in the art to incorporate facial features taught in the Johnston's

reference into Yoshino which primarily discloses basic feature of the forehead because

by adding the additional features such as hats, beards, eyeglasses, forehead,

eyebrows, lips, chin, cheeks, moustaches, and skin pigment would enhance the

composite image of human faces.

For claims 16, 32, 33, and 37, see claims 11 and 12 above.

4. The prior art made of record and not relied upon is considered pertinent to

applicant's disclosure.

Eraslan is also cited.

5. Any inquiry concerning this communication or earlier communications from the

examiner should be directed to Yon Couso whose telephone number is (571) 272-7448.



supervisor, Jingge Wu, can be reached on (571) 272-7429. The fax phone number for

the organization where this application or proceeding is assigned is 571-273-8300.



published applications may be obtained from either Private PAIR or Public PAIR.




Art Unit: 2624



YJC

April 25, 2006

~\j~.~

U __ .YONJ.COUSO PRIMARY EXAMINER

Page 7

LIST OF PRIOR ART CITED BY APPLICANT

*APPLN. NO.

ATTY. DOCKET NO. APPLN. SERIAL NO.

APPLICANT(S)

GROUP

FILING CLASS SUBCLASS DATE

DATE CONSIDERED a' / '2,r-' ~

.1

EXAMIN reference conSidered, whether or not citation is in conformance with MPEP 609; draw line through citation jf not in conformance and not considered. Include copy of this form with next communication to Applicant.

Application/Control No. Applicant(s)lPatent Under Reexamination

10f759,225 COTE, PIERRE Notice of References Cited

Examiner Art Unit

Yon Couso 2624 Page 1 of 1

U.S. PATENT DOCUMENTS

* Document Number Date

Name Classification Country Code-Number-Kind Code MM·YYYY

* A US-6,381,346 04-2002 Eraslan, Msev H. 3821118

B US-

C US-

0 US-

E US-

F US-

C) US-

H US-

I US-

J US-

K US-

L US-

M US-

FOREIGN PATENT DOCUMENTS

* Document Number Date

Country Name Country Code-Number-Kind Code MM·YYYY Classification

N

0

P

Q

R

S

T

NON·PATENT DOCUMENTS

* Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)

U

V

W

X

. A copy of this reference IS not being fumlshed With this Office action. (See MPEP § 707.05(a).) Dates in MM-YVYY format ara publication dates. Classifications may be US or foreign.

U.S. Patent am Trademark Office

PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 20060419

Search Notes Application/Control No. Applicant(s)/Patent under

Reexamination

III III IIII III IIIIII 10n59,225 COTE, PIERRE Examiner Art Unit

Yon Couso 2624

SEARCHED SEARCH NOTES

(INCLUDING SEARCH STRATEGY)

Class Subclass Date Examiner DATE EXMR

13a..:L .2-32- b~1~ :;t; I-c:be:-~~ II? t'f,)j'--fJt I &AA

*' c:J VQ

('£-4.>-06 1:.. ,...., ~IL{ ~.. 'p_.J;;::;:: ,"""""' ..... vv

3rf3 399~J ~~

3l/-S- ~13 tJ9/32Z,/32-/;2-/

,

t5-.3 0 ./

6~~




Application/Control No. Index of Claims

Applicant(s)/Patent under Reexamination

1I111111111U III 101759,225 COTE, PIERRE

Art Unit Examiner

Yon Causa 2624

..J Rejected

= Allowed +

Claim Date

1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 v 43 44 45 46 47 48 49 50


(Through numeral) Cancelled

Restricted

Claim Date

N Non-Elected

I Interference

Claim

51 101 ~ 1~

A Appeal

o Objected

Date

r-;~5~3~~;-;-;-;-+-+-+--THr __ ~1~0~3+-+-+-+-+-+-+-+-~ ~ l:::J 1~ 55 105 56 106 57 -1::::1- 107 58 1:::::1 108 59 [J 109

60 tlHI~ 110 ---r6~1~~-r-r-r-r;-;-~ __ -r1~1~1+-+-+-+-+-+-+-r-~ 62 112

1::1 64 II 114 65 II 115 66 II 116 67 II 117 68 Id 118 69 II 119 70 VI 120

__ ~7~1+_~~-+_r~~+--JHL __ ~1~21~~~+-+_~~-+~ 72 122 73 123 74 124 75 125

77 127 n 1~

~ 1~

80 130 81 131 82 132 83 133 64 1~ 85 135 86 136 87 137 ~ 1~

89 139 90 140 91 141 92 142 ~ 1~

94 144 95 145 96 146 97 147

_____ ~9~8+_~~-+_r~~+--~"'4--~14~8~+_~_+_r~+_~ 99 1::,:,1 149 100 1",,:1 150

Part of Paper No. 20060419

Docket No.: IQB-0007C4 PATENT


In re Application of ~~ E ~ o ~Ol .\

Pierre COTE .~ 'I." ~. ~ ~~\\ ~

Confirmation No.: 6449


Serial No.: 10/759,225 \. ,l ........ ..-';: " .. .., ,-

Examiner:

Filed: 1/20/2004 Customer No.: 34610


>, PETITION FOR EXTENSION OF TIME UNDER 37 C.F.R. §1.136(a)(l)

U.S. Patent and Trademark Office 220 20th St. S. Customer Window Crystal Plaza Two, Lobby, Room 1B03 Arlington, Virginia 22202

Sir:


response to the Notice to File Missing Parts of Application dated April 21, 2004 for one month

from June 21, 2004 to July 21,2004.

A check including the amount of $55.00 (Check #12234) for the extension of time under

37 c.F.R. §1.17(a) is enclosed. Any deficiency or overpayment should be charged or credited to

Deposit Account No. 16-0607.

06/25/2004 BSAYASIl 00000027 10759225 Respectfully submitted, FLESHNE KI, LLP

05 FC:2251 55.00 OP

P.O. Box 221200 Chantilly, VA 20153-1200 (703) 766-3701 RAV/SWN/bch

Date: June 24, 2004

Rene A. Vazqauez Registration No. 38,647 SamuelW. Ntiros Registration No. 39,318

APPLICATION NUMBER

10/759,225


FILING OR 371 (c) DATE

01/20/2004

Page 1 of2

UNITED STATES DEPARTMENT OF COMMERCE United StutCM Pntcnt llud Trudcmnrk OrCk,C Addrooo· COMMISSIONER FOR PATENTS

P.U I:3C1X 1450 Alcxandrin, 'IlJ'jrinill :2313-1450 www.uspt('l,gov

FIRST NAMED APPLICANT ATTORNEY DOCKET NUMBER

Pierre Cote lQB-0007C4

CONFIRMATION NO. 6449

FORMALITIES LETTER

IIIIIIIIIIIIIII~ II~ III~ III~ II~ III~ III~ 11111 ~III m 11111 m 11111111111111111111111 'OC00000001241 0555*

Date Mailed: 04/21/2004

NOTICE TO FILE MISSING PARTS OF NON PROVISIONAL APPLICATION

FILED UNDER 37 CFR 1.53(b)

Filing Date Granted

Items Required To Avoid Abandonment:

An application number and filing date have been accorded to this application. The item(s) indicated below, however, are missing. Applicant is given TWO MONTHS from the date of this Notice within which to file all required items and pay any fees required below to avoid abandonment. Extensions of time may be obtained by filing a petition accompanied by the extension fee under the provisions of 37 CFR 1.136(a).

• The statutory basic filing fee is missing. Applicant must submit $ 385 to complete the basic filing fee for a small entity.

• To avoid abandonment, a late filing fee or oath or declaration surcharge as set forth in 37 CFR 1.16(e) of $65 for a small entity in compliance with 37 CFR 1.27, must be submitted with the missing items identified in this letter.

The applicant needs to satisfy supplemental fees problems indicated below.

The required item(s) identified below must be timely submitted to avoid abandonment:

• Additional claim fees of $465 as a small entity, including any required multiple dependent claim fee, are required. Applicant must submit the additional claim fees or cancel the additional claims for which fees are due.

SUMMARY OF FEES DUE:

Total additional fee(s) required for this application is $915 for a Small Entity

• $385 Statutory basic filing fee. • $65 Late oath or declaration Surcharge .

• Total additional claim fee(s) for this application is $465

• $258 for 6 independent claims over 3. • $207 for 23 total claims over 20.

Replies should be mailed to: Mail Stop Missing Parts

Commissioner for Patents

P.O. Box 1450

Alexandria VA 22313~ 1450

A copy of this notice MUST be returned with the reply.

Customer Servic~ Center Initial Patent Examination Division (703) 308~ 1202

PART 3 ~ OFFICE COPY

Page 2 of2

--....L

. f~p Patent Application :: :olii2issioner of Patents :?5 I.lexandria, Virginia 22313-1450 o_~ ~ en

UTILITY PATENT APPLICATION TRANSMITTAL UNDER 37 C.F.R. §1.53(b)

~ir~ Ir~tted herewith for filing is the patent application of PiQCOTE:

Case Docket No.: IQB-0007C4

FOR: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE FACIAL IMAGE Enclosed are:

1. ~ 31 pages of specification, claims, abstract

2.~ 2 sheets of FORMAL drawings.

3. ~ 1 pages of Declaration & Power of Attorney (copy from a prior application). [gI Incorporation By Reference-The entire disclosure of the prior application is considered as being part of the disclosure of the accompanying application and is hereby incorporated by reference therein. ~ This is a ~ Continuation or 0 Divisional of prior application No. 09/322 932, filed on May 28 1999, entided METHOD AND APPARATUS FOR ENCODING/DECODING IMAGE DATA

4. ~ An Information Disclosure Statement and PTO 1449 Form are submitted herewith.

5. 0 Cancel claims

6. The filing fee is calculated on the basis of the claims existing in the prior application as amended at 5 above:

For No. Filed No. Extra Rate Fee

Total Claims 43 - 20 23 X $9.00

Indep. Claims 9 - 3 6

X $42.00

Multiple Dependent Claims (If applicable) add $280.00.

7. ~

8. ~

9a. 0

9b. 0

9c·D

0

lOa. 0

BASIC FEE

TOTAL FILING FEE

Preliminary Amendment is enclosed.

Applicant claims Small Entity status.

A check in the amount of $ ___ (Check # ___ ) is attached.

Please charge my Deposit Account No. 16-0607 in the amount of $ ___ A duplicate copy of this sheet is enclosed.

The Commissioner is hereby authorized to charge payment of the following fees associated with this communication or credit any overpayment to Deposit Account No. 16-0607. A duplicate copy is enclosed.

Any additional filing fees required under 37 C.F.R. 1.16.

The Commissioner is hereby authorized to charge fees under 37 C.P.R. 1.16 and 1.17 which may be required, including any extension of time fees to maintain the pendency of the parent application No. or credit any overpayment to Deposit Account No. 16-0607.

txJContlhuation or [JDivisional Application of U.S. Serial No.

lOb. ~

lla·O

llb·O

Authorization under 37 C.F.R. §1.136(a)(3).

Amend the specification by inserting before the first line the sentence:

--This application is a Continuation of Application No. rued


--This application is a Divisional of Application No. rued

Docket No:IQB-0007C4

12·0 Priority of Application Serial No. __ rued on ,in ___ is claimed under 35 U.S.c. §119. The certified priority document(s) were rued in Serial No. __ on __ _

13. ~ The prior application is assigned of record to IQ Biometrix Inc. at Reel 010002, Frame 0470

14. ~ The power of attorney in the prior application is to:

FLESHNER & KIM, LLP 15. ~ Two (2) return postcards.

~ Stamp & Return with Courier. . ~ Prepaid Postcard-Stamped Filing Date & Returned with Unofficial Serial Number.

16.0 Also enclosed:

17·0 A petition, fee and response has been rued to extend the term in the pending prior application until __ .

Correspondence Address Below: P.O. Box 221200 Chantilly, VA 20153-1200 (703) 766-3701 DYK:R.A V:S~/kdb Date: January 20, 2004

Respectfully submitt d, FLESHNER , LLP

Rene A. Vazquez Registration No. 38,647 Samuel~. Ntiros Registration No. 39,318

2

f! :Docket No.: IQB-0007C4 PATENT


In re Application of:

Pierre COTE

Continuation of Serial No.: 09/322,932 : Group Art Unit:

Filed: January 20, 2004 : Examiner:


AUTHORIZATION TO TREAT A REPLY AS INCORPORATING AN EXTENSION OF TIME UNDER 37 C.F.R. §1.136(a)(3)

U.S. Patent and Trademark Office 2011 South Clark Place Customer Window Crystal Plaza Two, Lobby, Room lB03 Arlington, Virginia 22202

Sir:

The U.S. Patent and Trademark Office is hereby authorized to treat any concurrent or future

reply that requires a petition for an extension of time under this paragraph for its timely submission, as

incorporating a petition for extension of time for the appropriate length of time under 37 C.F.R.

1.136(a)(3). The U.S. Patent and Trademark Office is hereby authorized to charge all required extension

of time fees to our Deposit Account No. 16-0607, if such fees are not otherwise provided for in such

reply. A duplicate copy of this sheet is enclosed.

P.O. Box 221200 Chantilly, VA 20153-1200 703 766-3701RA V:SWN/kdb Date: January 20, 2004

Rene A. Vazquez Registration No. 38,647 SamuelW. Ntiros Registration No. 39,318

--....L

. f~p Patent Application :: :olii2issioner of Patents :?5 I.lexandria, Virginia 22313-1450 o_~ ~ en

UTILITY PATENT APPLICATION TRANSMITTAL UNDER 37 C.F.R. §1.53(b)

~ir~ Ir~tted herewith for filing is the patent application of PiQCOTE:

Case Docket No.: IQB-0007C4

FOR: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE FACIAL IMAGE Enclosed are:

1. ~ 31 pages of specification, claims, abstract

2.~ 2 sheets of FORMAL drawings.

3. ~ 1 pages of Declaration & Power of Attorney (copy from a prior application). [gI Incorporation By Reference-The entire disclosure of the prior application is considered as being part of the disclosure of the accompanying application and is hereby incorporated by reference therein. ~ This is a ~ Continuation or 0 Divisional of prior application No. 09/322 932, filed on May 28 1999, entided METHOD AND APPARATUS FOR ENCODING/DECODING IMAGE DATA

4. ~ An Information Disclosure Statement and PTO 1449 Form are submitted herewith.

5. 0 Cancel claims

6. The filing fee is calculated on the basis of the claims existing in the prior application as amended at 5 above:

For No. Filed No. Extra Rate Fee

Total Claims 43 - 20 23 X $9.00

Indep. Claims 9 - 3 6

X $42.00

Multiple Dependent Claims (If applicable) add $280.00.

7. ~

8. ~

9a. 0

9b. 0

9c·D

0

lOa. 0

BASIC FEE

TOTAL FILING FEE

Preliminary Amendment is enclosed.

Applicant claims Small Entity status.

A check in the amount of $ ___ (Check # ___ ) is attached.

Please charge my Deposit Account No. 16-0607 in the amount of $ ___ A duplicate copy of this sheet is enclosed.

The Commissioner is hereby authorized to charge payment of the following fees associated with this communication or credit any overpayment to Deposit Account No. 16-0607. A duplicate copy is enclosed.

Any additional filing fees required under 37 C.F.R. 1.16.

The Commissioner is hereby authorized to charge fees under 37 C.P.R. 1.16 and 1.17 which may be required, including any extension of time fees to maintain the pendency of the parent application No. or credit any overpayment to Deposit Account No. 16-0607.

txJContlhuation or [JDivisional Application of U.S. Serial No.

lOb. ~

lla·O

llb·O

Authorization under 37 C.F.R. §1.136(a)(3).


--This application is a Continuation of Application No. rued


--This application is a Divisional of Application No. rued

Docket No:IQB-0007C4

12·0 Priority of Application Serial No. __ rued on ,in ___ is claimed under 35 U.S.c. §119. The certified priority document(s) were rued in Serial No. __ on __ _

13. ~ The prior application is assigned of record to IQ Biometrix Inc. at Reel 010002, Frame 0470

14. ~ The power of attorney in the prior application is to:

FLESHNER & KIM, LLP 15. ~ Two (2) return postcards.

~ Stamp & Return with Courier. . ~ Prepaid Postcard-Stamped Filing Date & Returned with Unofficial Serial Number.

16.0 Also enclosed:

17·0 A petition, fee and response has been rued to extend the term in the pending prior application until __ .

Correspondence Address Below: P.O. Box 221200 Chantilly, VA 20153-1200 (703) 766-3701 DYK:R.A V:S~/kdb Date: January 20, 2004

Respectfully submitt d, FLESHNER , LLP

Rene A. Vazquez Registration No. 38,647 Samuel~. Ntiros Registration No. 39,318

2

f! :Docket No.: IQB-0007C4 PATENT


In re Application of:

Pierre COTE

Continuation of Serial No.: 09/322,932 : Group Art Unit:

Filed: January 20, 2004 : Examiner:


AUTHORIZATION TO TREAT A REPLY AS INCORPORATING AN EXTENSION OF TIME UNDER 37 C.F.R. §1.136(a)(3)


Sir:

The U.S. Patent and Trademark Office is hereby authorized to treat any concurrent or future

reply that requires a petition for an extension of time under this paragraph for its timely submission, as

incorporating a petition for extension of time for the appropriate length of time under 37 C.F.R.

1.136(a)(3). The U.S. Patent and Trademark Office is hereby authorized to charge all required extension

of time fees to our Deposit Account No. 16-0607, if such fees are not otherwise provided for in such

reply. A duplicate copy of this sheet is enclosed.

P.O. Box 221200 Chantilly, VA 20153-1200 703 766-3701RA V:SWN/kdb Date: January 20, 2004

Rene A. Vazquez Registration No. 38,647 SamuelW. Ntiros Registration No. 39,318

Attorney Docket No. IQB-0007C4

Title of the invention:

Method and Apparatus for Encoding/Decoding Image Data

F~eld of the Invention

This invention relates to a method and appara~us for

encoding/decoding image data. It. is particularly applicable to the

encoding/decoding of images tha~ can be separated into their

constitu~nt parts as, may be used in composite picture systems used

in law enforcement, artistic creations, recreation and education.

Background

It is known in the art to create images on the basis of

components that are assembled to form a complete image. For

example, a common technique for synthesizing single images of faces

involves horizontally dividing the image of a face into bands for

different features of the face such as hair, eyes, nose, mouth, and

chin, respectively. Paper strips containing exemplary features are

then be combined to form a composite drawing of a face. Yet another

ex~~ple involves a program element running on a computing platform

which allows a user to select individual components and combining

them on a pre-selected face. In a typical interaction, the user

first selects the shape of the face then eyes, nose, mouth and

other components and combines them to form a facial image. Many

variations on this theme can be used as. described in Kakiyama et

al. U.S. Patent 5,600,767, Yoshino et al. U.S. Patent 5,644,690,

Sato et al. U.S. Patent 5,537,662 and Belfer et al. U.S. Patent

5,649,OS6 whose conten~s are hereby 'incorporated by reference. For

example, the Sato et al. l?atent , entitled Electronic Montage

composing apparatus, describes a system for creating a montage

image of a face using a plurality of basiC parts stored in a


library.

In constructing an image, pictorial entities are selected from

a library of pictorial entities as assembled into images. These

Lmages may then be stored on a computer readable medium commonly

referred to as a database or repository. Often, the storage ~f an

image :,,-'~--Iuires significant amounts of memory, often necessitating

large =epositories. For example, a composite picture system used

in a police department often requires maintainir.g records of

thousands of individuals. The images are typically stored in files

in some graphical format such as a "bitmap", "gif" or "jpeg" are

other format. Although such encoding schemes provide a compressed

representation of the image, the memory required for storing the

image remains significant. In addition, compression methods of the

type described above generally degrade the quality of the image.

The size and quality of images is also particularly significant

when the images are transmitted from one site to another via a

digital link. For example, a given police station may transmit a

composite picture to another police station in orde.r to share

information about a given suspect.

Tl-.. us r there exists a need in the industry to refine the

process of encoding images

requirements for storage and

transmission of the image.

Summary of the Invention

such

the

as to reduce. the

bandwidth required

memory

for the

The invention provides a n?vel method and an apparatus for

encoding images.

For the purpose of the specification, the expression "basic

elements" is used to describe a part of a specific image. In the

2


preferred embodiment, a basic element is comprised of a pictorial

enti ty conditioned by a set of image qualifiers. Examples of

pictorial entities in a facial image are noses, eyes, mouths and

eyebrows. In the preferred embodiment, pictorial entities are

grouped into classes. For example, in composite picture system,

all nose pictorial entities are grouped into the "NOSE" class and

all the eye pictorial entities are grouped in the "EYE" class. Each

class:,)f pictorial entities is associated to a set of image

qualif.Lars that are used to condition the pictorial entities in the

associated class. The image qualifiers may include position

qualifiers, zoom qualifiers, color qualifier and the likes.

For the purpose of this specification I the basic· elements· used

in the special case of a facial image are referred to as "basic

morphological elements".

For the purpose of this specification, the word "symbol" is

used to designate a representation of an object, image I qualifier

or the likes. In a specific example, a symbol may be an index

mapped to a memory location storing data elements such as a

pictorial entity or image qualifier.

According to a broad aspect, the invention provides, a

computer readable storage medium comprising a program element

suitable for use on a computer having a memory. The program

element is operative to create a first input to receive a set of

element codes. The element codes characterized a portion of an

image and included at least one symbol. A given symbol is a

representation of a certain characteristic of the portion of the

element code. A given symbol can acquire a set of possible values

indicative of variations of thecel'rtain characteristic with which

it is associated. The program element is also operative to create

a second input to receive code factors associated to respective

sy'Inbols of the set of element codes. A given code factor is

3

Attorney Docket No. IQB-0007C4"

assigned a value that exceeds the highest value that the symbol

with which it is associated can acquire. The ?rogram element is

operative to process the set of element codes to derive an image

code. The image code is a compressed digital representation of the

image, and is derived at least in part on the basis of the

plurality of code fac~ors. The image code can th~n be released as

the output.

In a preferred embodiment, the image code is a number in a

given base. Preferably, a large base is used in order to obtain

a reduced number of characters in the image code.

In a preferred embodiment of the invention, the encoding

method and apparatus is integrated into a picture system .. The

picture system creates images on the basis of images of basic

individual parts, herein referred to as basic elements. In the

preferred embodiment, the picture system includes a library of

pictorial entities and qualifiers, an image builder unit, an

encoding unit, a decoding unit and a factor table.

Each basic element in an image is assigned. a unique

identifier, herein referred to as element code. The element code

contaiils information data elements, herein referred to as symbols.

In a specific embodiment, the element code for each basic element

includes a symbol that characterizes Lhe pictorial element. In a

preferred embodiment, the element code includes a plurality if

symbols. In a specific example two (2) symbols are used namely an

pictorial entity symbol and· a pOSition qualifier symbol. The

element code may contain additional symbols without detracting from

I the spirit of the invention. For example symbols representative of .I:~-

other image qualifiers may be u~ed such as color, zoom and other

image effects maybe used. An image is constructed by a set of

basic elements. The basic elements present in a given facial image

are said be· "active" in the given image. The set of active

4


elements is stored in a data structure suitable for thac purpose.

In a specif{c example this data structure is an image data table.

The image data table stores for each class a record, each record

containing a set of fields, each field describing the active

pictorial entity and qualifiers.

The number variations in each of the symbols for each of the

classes is stored in a table, herein referred to as a code factor

table. ~he code factor table provides information about the number

of possible variations in an image. For each class, the code

factor table stores a record, each record containing a set of

fields, each field describing a maximum factor. The maximum factor

in the code factor table is the largest identifier used for the

given factor. Sach symbol in the image data table is mapped to a

factor in the code factor table.

According to another broad aspect, the invention provides an

apparatus for encoding an image, the image comprising a set of

basic elements, each basic element of the set of basic elements

being associated to an element code. An encoding unit receiving

2S inp~1"t the code faccors and the element codes. The encoding unit

processes the set of element codes to derive an image code, the

image code being a compressed digital representation of the image

derived at least in part on the basis of said plurality of code

factors. The encoding unit then outputs the image code.

According to another broad aspect, the invention provides a

method for encoding an image,the image comprising a set of basic

elements, each basic element of the set of basic elements being

associated to an element code. A processing step receives as input

the code factors and. the element '~odes to derive an image code.

The image code is a compressed digital representation of the image

derived at least in part on the basis of said plurality of code

factors. The image code is the released.

5


In a preferred embodiment, the image code can be used t.o

reproduce the image described by the image code. Image data may be

obtained by combining the code factors and the image code t,.Ji th a

decoding device. The image data is obtained by applying t.he inverse

operations in the reverse order than those applied in the encoding

process to the image coda_

The image code allows each image to be described with a very

small number of characters perwitting the rapid transmission of the

image over a data transmission mediili~. The receiving device has

a decoding unit that is capable of extracting data information from

the image code.

According to another broad aspect, the invention provides a

method, apparatus and computer readable medium for decoding an

image, t.he image,comprising a set of basic elements, each basic

element of the set of basic elements being associated to an element

code. A processing step receives as input the code factors and the

image code to derive the element codes. The element codes are then

releasej.

Brief description of the draw~ngs

These and other features of the present invention will become

apparent from the following detailed description considered in

connection with 'the accompanying drawings. It is to be understood,

however, that the drawings are designed ·for' purposes of

illustration only and not as a definition of the limits of the

invention for which reference shodld be made to the appending

claims.

Fig. 1 shows an apparatus including an embodiment of the invention;

6

,- Attorney Docket No. IQB-0007C4

Fig. 2 shows a high-level block diagram of functional units of the

image system including an image encoder in accordance with the

spirit of the invention;

Fig. 3 ··shows a high-level block diagram of functional units of the

image system including an image decoder in accordance with the

spirit of the invention;

Fig. 4 .ihows a detailed block diagram of the encoding process in

accordance with the spirit of the invention;

Fig. 5.shows a detailed block diagram of the decodi~g process in

accordance with the spirit of the invention;

Fig. 6? and 6b show flow diagrams for the creation of an image and

~he facial code in accordance with an embodiment of the invention;

Fig. 7,' shows an alternative apparatus including an embodiment of

the invention;

Fig. 8 shows apparatuses including an embodiment of the invention

'connected by a data transmission mediUm.

Detailed Description

In the preferred embodiment, the encoding method and apparatus

in acc""rdance with the invention is integrated into a picture

system for creating images on the basis of images of individual

parts, herein referred to as basic elements. For the sake of

simplicity, the specification will describe an embodiment of the

invention integrated into a composite picture system. It is to be

understood that the encoding method and apparatus may be used in

systems for crea~ing images on the basis of individual constituent

parts other than a composite picture system without detracting from

the spirit of the invention.

In a preferred embodiment, as shown in figure 1, the composite

picture system includes a general-purpose digital computer

including a processor 100 linked to a machine-readable storage

7


element 108 ,that may be in the form of a mass storage de,rice such

as a hard-drive, a CD-ROM or ,any other suitable storage medium. The

sys~em further includes a device for visualizing the facial image

such as a computer monitor 110 or a printing device. The preferred

embodiment also provides data input on which a user interface 112

is supported in order to allow the user to select through a touch

screen, keyboard, pointing device or other input means, the

ind~vidual basic morphological elements and to view the combined

result on the display screen 110. The latter 110 is likely to be

part of the data input. Optionally, the system further provides

a data transmission medium 114 such as a telephone line, LAN,

digital cable, optical cable, wireless transmission device or any

other suitable means for transmitting an image from the general

purpose digital computer to a receiving device. The computer

readable medium 108 storing the composite picture system includes

of a set of modules namely a library of pictorial entities and

image qualifiers 104 and program instructions 102 interacting with

the library of pictorial entities and image qualifiers to create

a facial image. The computer readable medium 108 may also include

symbols where each symbol is associated to a respective one of the

picto::::i . .;,l ,entities and image qualifiers in the library of pictorial

entiti.~s and image qualifiers 104. The computer readable medium

further comprising a set of code factors, each code factor being

associated to a set of symbols, a'given code factor being larger

that the largest sy~ol in the set with which it is associated. The

computer readable medium further comprises an encoding program

element 116 to encode a facial image.

In the preferred embodiment the composite picture system

comprises an electronic library, of pictorial entities and image :.~., ..

qualifiers 104: Each pictorial entity in the library is an image

of a facial part or an accessory such· as glasses, earrings or

other. The pictorial entities in the library 104 are organized

into morphological classes, each class describing a part of the

8


facE:. In a preferred embodiment, the following basic morphological

classes are used: hairs'tyle, forehead, eyebrows, eyes, nose, mouth,

chin, moustache, beard, wrinkles and glasses. The pictorial

entities are stored on a computer readable medium. The images may

be compressed in a format suitable for graphical storage such as

a bitmap (BMP) , GIF of JPEG file format. Other file forma'ts may

be used here without detracting from the spirit of the invention.

In the preferred embodiment, each pictorial entity is

identiL:.ed with a pictorial ent;!..ty symbol. Typically, the pictorial

enti ty symbol is a sequence of alphanumeric characters. The

pictorial entity syIDbols are stored on a computer readable medium

in the database of symbols. Each image qualifier in the library

is a characteristic of a corresponding class. The image qualifiers

in the library 104 may be organized into qualifier types, each

qualifier type describing a certain characteristic of the pictorial

entity. In a preferred embodiment, the following qualifier types

are used: position and color. Other image qualifiers such as zoom

°and the likes may be used without detracting from the spirit of the

in~vention. The image qualifiE?rs are stored on a computer readable

medium. In the preferred embodiment, each image qualifier is

identi ijo':'ci with an image qualifier symbol. Typical-ly T the image

qualif.!.~~· symbol is a sequence of al?hanumeric characters. The

image '=[ilalifier symbols are stored on a computer readable medium

in the database of symbols.

In a preferred embodiment, a basic morphological element

includes a pictorial entity and a set of image qualifiers. The

image qualifiers condition the pictorial entity to alter the visual

effect of the latter. For example the image qualifier may modify

the position, color zoom or any other visual ° effect of the

pictorial entity. The purpose ofo th°ie specification, the expression

"basic morphological element~' is used to refer to the pictorial

entity conditioned by the image qualifiers. Each basic

morphological element is associated to an element code. The

9


element code contains a set of symbois. In a specific example, the

element code for each basic morphological element includes two (2)

symbols namely a pictorial entity symbol and a position qualifier

symbol. The pictorial entity symbol identifies the pictorial

entity within a given class in the library of pictorial entities

and image qualifiers. Preferably, the pictorial entities of a given

class are each assigned a unique sj~ol. The symbols need not be

consecutive provided they can be ordered and the largest symbol

assign€:,d to a pictorial ent'ity of a given class can be determined.

The position qualifier symbol provides information on the position

of the pictorial entity in the facial image. Preferably, the

number of possible positions for a pictorial entity of a given

class is predetermined. In a specific example, there may be 5

possible positions for the eyes in a facial image. Each position

is assigned a position qualifier symbol such as a number from 1 to

5 and each position qualifier symbol corresponds to a position the

pictorial entity with which it is associated can acquire. The

element code may contain additional symbols without detracting from

the spirit of the invention. For example, the element code may

contain a "zoom" qualifier indicating the zoom level of the

pictor.i~l en~ity.

P. ::acial image is constructed by a set of basic morphological

elements. The basic morphological element present in a given

facial image is said be "active" in the given image. The set of

active basic morphological elements is stored in a data structure

suitable for that purpose. In a specific example this data

structure is an image data table. The image 'data table stores for

each class a record. Each records describes an element code, each

record containing a set of fields, each field describing the

pictorial entity symbol, posi tion"'qualifier symbol and any other

symbol. The entries in the image data table are referred to as

active element symbols. The table below shows a specific example

of an image data table.

10


C~ass I?i.ctori.a~ entity Posi.t;ion qua~;i.f:i.er

symbol symbo~

EYES 34 2

LIPS 2 1

GLASSES III 17

As shown above, a basic morphological element of class "EYES"

with a pictorial entity symbol "34" which is positioned at position

"2" is active in the facial image.

The number variations in each of the symbols for each of the

classes is stored in a table7 herein referred to as a code factor

table. The code factor table provides information about the number

of possible variations in a facial image. For each class, the code

factor table stores a record, each record containing a set of

fields, each field describing a maximum factor. The rnaximum factor

in the code factor table is the largest symbol assigned to an image

qualifier or pictorial entityfo~ a given class. Alternatively,

the ma.ximum factor is larger that the largest: symbol assigned to

an image qualifier or pictorial en~ity for a .given class. This will

best be understood in conjunction with a specific example. The

. table below shows an example of a code factor table.

Class Maximum pi.ctoria~ Maximum. pos:i.tion

entity factor qualifier factor

EYES 900 5

LIPS 600 26

GLASSES 200 23

In the abov~ table, there are three classes namely "EYES",

"LIPS" and "GLASSES" having "900", "600" ahd "200" pictorial

entities respectively as their maximum factor. In this specific

11


example, "the pictorial entities are a.ssigned numerical symbols no

larger that the maximum factor for each respective class. In the

case where pictorial entities are not assigned consecutive

numerical symbols, the second column would cont:ain the largest

pictorial entity symbol assigned to the pictorial entities of the

respective class. The third column includes the maximum position

qualifier factor. Class "LIPS" for example has "26" as is maximum

position qualifier factor. In this specific example, positions for

the individual pictorial entities are pre-determined. Each pre-

determined position is given a numerical position symbol that is

between 1 and the maximum position qualifier factor in the code

factor table.

As shown in figure 2, a facial code 206 for a given facial

image may be created by combining the code factors 200 and the

image data 202 with an encoding device 204. In a preferred

embodiment, the encoding device 204 derives the facial code in

accordance with the process described in figure 4.

T~e facial code is first initialized at a based value 400.

Preferably, this base value is zero (0). Following this, the

encoding method begins with the first class of the pictoria.l

entities 402 and the first symbol of the element code of the class

404. The facial code is first multiplied 406 by the corresponding ., ,-

factor value in the code factor table. An e~ample in conjunction

with the factor t:able below will better illustrate this step 406.

C~ass Maxi..m.um. p:ict:.ori.al . Maximum. pos:i.tion

en ti. ty factor qu.a~i.fi.er factor

EYES 900 ;r""

5

LIPS 600 26

GL.~SSES 200 23

If class "EYES u for the pictorial entity is being considered,

12


then the facial code is multiplied by ~he pictorial entity factor

"900". Following this, the pictorial entity symbol from the image

data table is added 408 to the facial code. An example in

conjunction with the image data table below will better illustrate

this step 408.

Cl.ass Pi.ctorial entity J?osi.tion qualifier

symbol. symbol.

EYES 34 2

LIPS 2 1

GLASSES 111 17

If class "EYES" for pictorial entity is being considered, then

the pictorial entity symbol "34" is added to the facial code. The

sys~em then proceeds. to step 410 that checks if there are any

symbols. remaining for the current class. In the affirmative, the

system proceeds to step 412 that determines which symbol to

consider next. In the example above, the following symbol to

consider is the position qualifier symbol. The system then

restart.s at step 406. In the event that .all symbols for the

curren~ class have been processed, step 410 is answered in the

negative and the system proceeds to step 414.· Step 414 checks if

there are any classes remai~ing. In the affirmative the system

proceeds to step 416 that determines which class to consider next.

In the example above, the next class to consider is the "LIPS"

class. The system then restarts at"step 404 with the first symbol

of the element code of the new class. In the event that all classes

have been processed, step 414 is answered in the negative and the

system proceeds to step 418 with the complete facial code.

As a variant, the facial code may be further comprise version

number information for the purpose of differentiating between

dif£erent version numbers of the composite picture system. This in

13


turn permits .1:.0 insure that a composite picture system using the

facial code produced by the process described above is not induced

in error if its version is not the same than that of the composite

picture system that created the image. In a specific example, the

version number information is integra1:.ed t:.o the facial code by

multiplying the code by a specific number.

In the preferred embodiment, the facial code is a number in

a given base. Preferably, a large base is used in order to obtain

a reduced number o~ characters in the facial code. In a specific

example, the facial code is a number in base "62" with characters

{0-9, a-z, A-Z}. 01:.her bases may be used without detracting from

the spirit of the invention. It is to be noted that the

computations in steps 406 and 408 of the encoding process may

result in very large numbers in the order of 10E+66 or bigger for

large systems . It may therefore be preferable to provide some

specialized functions for the computation of the multiplication and

addi tion operations for these numbers in order to avoid the

possibility of overflow. The implementation of such computations

will be readily available 1:.0 the person skilled in the art to which

this invention pertains.

As a variant, characters in the facial code t:.hat may be

visually confusin9" are replaced by non-alphanumeric characters.

For instance the letter "0" and the number "0" are similar in

appearance as are the letter "I", the letter "1" and the digit "1".

In a specific example, the characters in the facial code that may

be visually confusing are replaced by non-alphanumeric characters

such as "+/1, "",,-", "@u and so once the code is computed.

In a preferred ernbodiment,'the facial code can be used to

reproduce the facial image described by the facial code. As shown

in figure 3, facial image data 304 may be obtained by combining the

code factors 200 and the facial code 302 with a decoding device

14

•


300. The facial image data 304 is obtained by applying the inverse

operations in the reverse order than those applied in the encoding

process to the facial code. In a preferred embodiment, the decoding

device 300 derives the facial image data 804 in accordance with the

process described in figure 5.

The facial code is first obtained 500. Following this, the

decodi:-.g process begins vlith the last class of the pictorial

entitie~ 502 and the last symbol of the element code of that class

504. The facial code is first divided 506 by the factor value in

the code factor table associated to the symbol being considered.

An example in conjunction ~ith the factor table below will better

illustrate this step 506.

C~ass Max.imum pictorial ~im:um. position

enti.ty factor qtla~if.i.er factor

EYES 900 5

LIPS 600 26

GLASSES 200 23

If. class "GLASSES" for the position qualifier is being

consid~red, then the facial code is divided by the factor "23".

Following this, the remainder of the division performed in step

506 is stored as the correspqnding position qualifier symbol in the

image data table 508. The system then proceeds to step 510 that

checks if there are any symbols remaining for the current class.

In the affirmative, the· system proceeds to step 512 that

determines which symbol to consider next. In the example above, the

following symbol to consider. is the pictorial entity symbol. The

sys'C.em then restarts at step 50.6. ,,'. In the event that all symbols

for the current class have been processed, step 510 is answered in

the negative and the system proceeds to step 514_ Step 514 checks

if there are any classes remaining. In the affirmative the system

proceeds to step 516 that determines which class to consider next.

15


In the example above, the next class to consider is the "LIPS"

class. The system then restarts at step 504 with the last symbol

of the element code of the new class. In the event that all classes

have been processed, step 514 is answered in the negative and the

system proceeds to step 518 with the image data table including the

complete description of the image described by the facial code.

The image data table can then be used by the composite picture

system to access the library of pictorial entities and image

qualifieL"s 104 and produce a facial image.

As shown in figure 3, the image data 304 is stored in an image

data table that can be accessed by an image builder unit 306. The

image builder unit 306 accesses the library of pictorial entities

and image qualifiers 104 of the composite picture system to extract

the pictorial e~tities specified by the image data. The image

builder also extracts the image qualifiers specified by the image

data and is operative to condition the pictorial entities on the

basis of the these extracted image qualifiers. Following this the

-builder unit 300 outputs an image which may be displayed to the

user of the composite picture system. Extracting data elements

from" a database on the basis of symbols is well known in the art

to which this invention pertains.

In the event that the facial code comprises version number

information, the reverse operation used to imbed the version number

in the facial code is applied to the facial" code during the

decoding process. In a specific example where the version number

information is integrated in the facial code by multiplying the

code by a specific number, the decoding process involves dividing

the facial code by that number.

In the event that characters in the facial code that may be

visually confusing were replaced by non-alphanumeric characters,

the reverse operation is performed on the facial code.

16


An example of a ty~ical interaction will better illustrate the

functionality of the encoding module implemented by the program

instructions 102 of composite picture system and using the data

components 104 106.

In a typical interaction, as shown in figure 6a, once the

composit~ picture system is activated 600, the user selects a set

of pictorial entities 602 chrough a user interface. The interface

to the composite picture system may be a keyboard, pointing device,

touch screen or any other sui~able input means. The received input

may be an address of the memory location where a given pictorial

entity is located or some other way of identifying it. The

selection is entered in the image data table in association with

corresponding qualifier symbols. Preferably, the pictorial

entities in a given class as assigned default qualifier symbols.

Once the system has received the request, the entries in the image

data table are used to locate in the library of pictorial entities

and image qualifiers, the entries corresponding with the received

input. When pictorial entity or image qualifier is selected it. is

considered to be active. Following this, the selected pictorial

entities and image qualifiers are combined to form a facial image.

The combination is performed by positioning each active pictorial

entity in a same 'frame at the location specified by the position

qualifier in the image data table. The system then displays the

facial image to allow the user to view it 604. Alternatively,

aft.er each selection of a pic1:.orial entity, the systems displays

it to allow the user to view the image as it stands with the

current select~on'of pictorial entities. At condition 606, if the

user is satisfied with the appea'rance of the facial image, the

composite picture is complete 610. The completeness of the image

may be indicated by a user input't.ing a command indicative that the

image is complete. The image data table is then processed by the

17


encoding process to compute the facial code 612. The user of the

system may then make use of the facial image and facial code as he

pleases. For example, the user may print the 'resulting facial

image, he may store the image by storing the facial code computed

at step 612 or he may transmit the image to an exte~nal site by

transmitting the facial code. In the event that the use~ is not

satisfied with the appearance of the facial image, condition 606

is answered in the negative and t~e user may modify the facial

image 608. The modification of the facial image may comprise

different operatio~s. For example, the user may replace a

pictorial entity by another of the same class; he may remove a

pictorial entity all together; the element may be displaced in the

vertical or horizontal direction. In a specific example, the user

interface may include a means, such as arrows in the user

interface, for displaCing the pictorial entities in the vertical

and horizontal directions. The arrows may be linked to functional

modules that modify the pOSition of the selected image in the

screen. When the pictorial entity is displaced, ~he corresponding

position qualifier symbol in the image table is also modified such

as to reflect to current positioning of the pictorial entity. The

user :m,ay select via a pointing device or other input means the

element. he wishes to displace'in the facial image. The user then

uses the displacement arrows to position the pictorial entity in

the desired position in the facial image. Many variations in the

user interface are possible and implementations different from the

one presented above do not detract ftom the spirit of the

invention. For every modification performed in step 608, the image

data table is updated accordingly. Once the facial image has been

modified by selecting a revised set of pictorial entities and image

qualifiers, the latter are combined to form a facial image. The

system then displays the facial image as described in the image

data table to allow the user to view it at step 604.

~lternatively, after each selection of a pictorial entity or and

image qualifier, the systems displays it to allow the user to view

18


~he updated image as it stands with the current selection. The

process continues until the user is satisfied with the image and

condition 606 is answered in the affirmative the system proceeds

to step 610.

As a variant, as shown in figure 6b, the facial code may be

computed incrementally as the user selects pictorial entities and

image qualifiers and modifies the facial image. Following step

602, the image data table is processed 652 by tihe encoding unit to

compute the facial code corresponding to the data in the image data

table. The facial image may then be modified in accordance with

steps 604 606 and 608 described previously. following step 608,

the image data table is reprocessed by the encoding unit 650 to

compute the facial code corresponding to the updated data in the

image data table. In this variant, the facial code for the image

being created is computed as the user creates the image. Once the

use stops entering new modifications, the code is readily computed

without the need for the user to input a corrunand indicative that

the image is complete.

I:-l another typical interaction, the composite picture system

may receive as input the facial code describing a facial image.

Using this facial code, the composite picture system reconstructs

the facial image .. Therefore~ the user interface may also include

a means for entering the facial codes. The facial code is first

decoded by the process described in connection with figure 5. The

decoding process produces an image data table containing

information for generating the facial image~ The system accesses

the library of pictorial entities and image qualifiers and extracts

the pictorial entities and image qualifiers corresponding to the

data contained in the image data table. The imag.e is then

displayed to the user which may make use of it as he please by

modifying it, storing it, printing it or transmitting it.

19


Figure 7 sho',.;s an

'including an embodiment

alternative embodiment of

of the invention. Such

an

an

apparatus

apparatus

comprises a user interface 706 such as a touch screen, mouse,

keyboard are any other suitable input means for communicating with

the user of the image system. The user interface communicates with

an image builder unit 702 operative to generate graphical data on

the basi,s of a given set of input data elements. The image builder

unit may be implements on a general purpose computing platform

running an applicat;.ion software of may be a dedicated CPO unit

programmed specifically for the purpose of generating images. ,The

Image builder unit 702 communicates wit,h an output unit 704 such

as a display unit or a printer unit to send the generated graphical

data for output to the user. The image builder unit also

communicates with a library of pictorial entities and image

qualifiers 700. The library of pictorial entities and image

qualifiers 700 may be implemented on a computer readabl~ medium

such as a hard disk, CD-ROM, non-volatile RAM or any other suitabie

deviCe. The image builder I,lnit 708 also communicates with a

compute:r:- readable medium including image data 708. The image data

specif~~s the pictorial entities that are active in the given image

as well as any other relevant image qualifier such as position and

zooming. The image data 708 may also be modi fied by the image

builder unit 702 ,to update, its entries on the basis of inputs

received by the image builder unit 702 from the user through the

user interface 706. The image data 708 can be accessed by and

encoder 710 operative to encode the image data according to the

process described in this specification. The encoder may be

implemented on a general purpose computing platform running an

appliea'tion software in accordanc:,. with the process described or

may be a dedicated CPU unit programmed specifically for the purpose

of encoding image data. The encoder 710 outputs the "image code.

The encoder may further communicate with a communication unit 716

such as a modem, network card or any other suitable communication

20


devices suitable for. transmitting daLa information over a

communication channel 718. The image data 708 can be accessed by

a decoder 714 operative to decode an image code according to the

process described in this specification. The decoder 714 may be

implemented on a general purpose computing platform running an

application software in accordance with the process described or

may be a dedicated CPU unit progra~~ed specifically for the purpose

of decc.ci.ing image codes .. The decoder 714 outputs the image data

that is inputted to the computer readable medium containing image

data. The decoder ,may further communicate with the communication

unit 716 in order to receive image codes. The encoder 710 and

decoder 714 also comrr'.Unicate with a computer readable medium

including element code factors 712.

The facial code produced by the process described above allows

each facial image to be described with a very small number of

characters compared to a graphical representation permitting the

rapid transmission of the composite picture over data transmission

mediu,,-n. For example, as show.n in figure 8, a police station at

site A 804 using an embodiment of the invention can transmit the

entire composite picture of a suspect to police station at site B

802 by si.mply sending the facial code for that facial image either

verbally or through an electronic communication means 800. At the

reception, police.station at site B 800 enters the code into the

composite picture sysLem that displays the composite picture. The

data transmission medium 800 between site A 802 and site B 804 may

be a telephone line with a set of modems, and Ethernet connection,

the Internet or any other communication medium sui table for Lhe

transfer of data. In the above example, site A 804 and site B 802

have on their local site a composite picture system of the type '1'''''

described in figure 1 or figure"7 of the drawings. A copy of the

library of pictorial entities and image qualifiers is stored at

each site and only the code needs to be transferred.

Advantageously, the invention further allows the storage of a

21


facial image by storing the facial code only on a computer readable

medium. This may result in substantial savings in terms of memory

requirements for storing the images since only a single instance

of each pictorial entity and image qualifier needs be stored, the

ins-c.ance being in the library of pictorial entities and image

qualifiers.

Although the present invention has been described in

conside=able detail with reference to certain preferred versions

thereof, other vers,ions are possible. For example, the method and

apparatus described may be used in a system to encode a given image

provided the image is build on the basis of constituent parts. In

these 1:.ypes of application the library of pictorial entities and

image qualifiers would include the appropriate set of pictorial

entities and image qualifiers. Therefore, the spirit and scope of

1:.he appended claims should not be limited to the description of the

preferred versions contained herein.

The reader's attention is directed to all papers and documents

which are filed concurrently with or previous to this specification

in connection with this application and which are open to public

inspecti~n.with thi~ specification, and the contents of all such

papers and documents are incorporated herein by reference.

22


What is claimed:

1. A method, comprising:

receiving a number of facial feature designations; and

displaying a composite image based on the facial feature

designations.

2. The method of claim I, wherein the receiving step includes:


receiving user signals selecting facial feature images

included in the composite image.

3. The method of claim 2, wherein displaying the composite

image includes:

displaying the facial feature images in the composite image

as the images are selected by the user signals.

4. The method of claim 3, wherein the facial feature images in

the composite image are displayed at predetermined positions relative

, to one another when selected.

5. The method of claim 2, further comprising:

receiving user modification signals for changing at least

one of a size, shape, or position of at least one of the facial


23


6. The method of claim 2, wherein the user signals are

generated by an input device.

7. The method of claim 6, wherein the input device includes one


8. The method of claim 2, wherein the plurality of facial

feature images are displayed in separate classes.

9. The method of claim 1, wherein the receiving step includes:

displaying information corresponding to a plurality of

classes of facial features; and

recei ving user signals designating facial features in the

composite image, each user signal designating a facial feature from a

respective one of the classes.

10. The method of claim 9, wherein said information includes a

plurality of groups of facial feature images, each group

corresponding to a respective one of the classes.

11. The method of claim 9, wherein the classes of facial

features are selected from the group comprising eyes, nose, mouth, jaw

line, hair, beard, mustache, lips, skin pigment, face shape, and

identifying features.

24


12. The method of claim 11, wherein the identifying features

include at least one of a scar, tattoo, birth mark, glasses, and

jewelry.


displaying facial feature images on a first area of a

screen; and

displaying a composite facial image on a second area of the

screen, said composite image including facial feature images selected

from the first screen area.

14. The method of claim 13, wherein the images are displayed in

classes in the first screen area, each class corresponding to a

different type of facial feature.

15. The method of claim 14, wherein each class of images is

separately displayed in the first screen area in response to a user

signal selecting the class.

16. The method of claim 14, wherein the classes of images are

selected from the group comprising eyes, nose, mouth, jaw line, hair,

beard, mustache, lips, skin pigment, face shape, and identifying

features.

17. The method of claim 13, wherein selecting a facial feature

image in the first screen area causes the facial feature image to be

displayed in the second screen area.

25


18. The method of claim 17, wherein the selected facial feature

is displayed at a predetermined position in the second screen area

relative to other facial feature images in the composite image.

19. The method of claim 13, wherein selecting a facial feature

in the first screen area causes the facial feature to appear in the

second screen area.


displaying a composite facial image in a first screen area;

displaying a group of facial feature images in a second

screen area; and

automatically modifying the composite facial image in the

first screen area based on a selection of a facial feature image in

the second screen area.

21. The method of claim 20, wherein the group includes more than

one facial feature image.

22. A system, comprising:

a processor which generates a composite image based on user

signals designating a number of facial features; and

a screen which displays the composite image.

26

23. The system of claim 22,

plurali ty of facial feature images


wherein the screen displays a

and the processor generates the

composite image based on facial feature images selected by the user

signals.

24. The system of claim 23, wherein the screen displays the

facial feature images in the composite image as the images are

selected by the user signals.

25. The system of claim 24, wherein the processor controls

display of the facial feature images at predetermined positions on the

screen.

26. The system of claim 24, wherein the processor modifies at

least one of a size, shape, or position of the facial feature images

in the composite image based on user modification signals.

27. The system of claim 22, further comprising:


28. The system of claim 27, wherein the input device includes

one of a touch screen, a mouse, a pointing device, and a keyboard.

29. The system of claim 23, wherein the screen displays the

plurality of facial feature images in separate classes.

27


30. The system of claim 22, wherein the screen displays

information corresponding to a plurality of classes of facial

features, and wherein each user signal designates a facial feature

from a respective one of the classes.

31. The system of claim 30, wherein said information includes a

plurality of groups of facial feature images, each group corresponding

to a respective one of the classes.

32. The system of claim 31, wherein the classes of facial

features are selected from the group comprising eyes, nose, mouth, jaw

line, hair, beard, mustache, lips, skin pigment, face shape, and

identifying features.

33. The system of claim 32, wherein the identifying features

include at least one of a scar, tattoo, birth mark, glasses, and

jewelry.


a screen; and

a processor for controlling the screen to display a number

of facial feature images on a first area of a screen and to display a

composite facial image on a second area of the screen, said composite

image including facial feature images selected from the first screen

area.

28


35. The system of claim 34, wherein the images are displayed in

classes in the first screen area, each class corresponding to a

different type of facial feature.

36. The system of claim 35, wherein each class of images is

separately displayed in the first screen area in response to a user

signal selecting the class.

37. The system of claim 35, wherein the classes of images are

selected from the group comprising eyes, nose, mouth, jaw line, hair,

beard, mustache, lips, skin pigment, face shape, and identifying

features.

38. The system of claim 34, wherein selecting a facial feature

image in the first screen area causes the facial feature image to be

displayed in the second screen area.

39. The system of claim 38, wherein the selected facial feature

is displayed at a predetermined position in the second screen area

relative to other facial feature images in the composite image.


a screen which displays a composite facial image in a first

area and a group of facial feature images in a second area; and

a processor which modifies the composite facial image in the

first screen area based on a selection of a facial feature image in

the second screen area.

29


41. A computer-readable medium storing a program comprising:

a first code section which causes a processor to recognize a

number of facial feature designations; and

a second code section which causes a screen to display a

composite image based on the facial feature designations.


a first code section which causes a screen to display facial

feature images on a first area; and

a second code section which causes the screen to display a

composite facial image on a second area, said composite image

including facial feature images selected from the first screen area.


a first code section which displays a composite facial image

in a first screen area;

a second code section which displays a group of facial

feature images in a second screen area; and

a third code section which modifies the composite facial

image in the first screen area based on a selection of a facial

feature image in the second screen area.

30


Abst.ract'

The invention relates to a method and an apparatc:s for encoding

images, more particularly to an encoding unit in conjunction with

a library of pictorial entities and image qualifiers. The method

and apparatus provide encoding an image by using a code factor

table in conjunction with a set of element codes. The resulting

image code allows the set pictorial elements of an image and their

as,sociated image .qualifiers to be represented by a compact code

uniquely representing a given configuration of pictorial elements.

The use of the resulting image code facilitates the transmission

and storage of images requiring only the code to be sent or stored.

The invention further provides a computer readable medium

comprising a program element that direct a computer to implement

the encoding process.

31

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110

Data transmission medium

114

100

Processor

108

1/9

: ......................................... -:

. .

102

Program Instructions

116

Encoding Program

104

Ubrary of pictorial entities and image qualifiers

106

Codes f.actors

~ ..............•..•• ; .....•.......... ~

"t'··

Figure 1

200

Code factors

219

204

Encoding device

206

Facial code

Figure 2

202

Image Data

3/9

200 302

Code factors Facial Code

-,,.

."

300

Decoding device

, .. 304 306 104

.... to. Image ~ UbraIY of pictorial

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qualifiers

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,.

400

Initialize Image code

402

Begin with first class of pictorial

entities

404

Begin with first symbol of

element code

406 Multiply image

code by corresponding

code factor

408

Add selected symbol

4/9

412 Gote next

symbol

Yes

:i~"

Figure 4

N

416

Gote next class

Yes

No

418 Code

Complete

500

Obtain Image code

502

Begin with last class of pictorial

entities

504

Begin with last symbol of

element code

506 Divide image

code by corresponding

code factor

508 Store remainder in

image table at position

corresponding to symbol

5/9

512 Goto next

symbol

Yes

,'.!')",

Figure 5

516 Gata next

das$

No

518 Decoding Complete

•

600

Activate composite

picture system.

602

User selects a set basic pictorial

entities

604 __ -II~ User views

image

No

608

User modifies facial image

6/9

610

>--:-(es . Composite po

picture is done

~r

612

Compute facial code

Figure 6a

..

600

Activate composite

picture system

602

User selects a set of pictorial

entities

652 Compute facial code

604

r------1~ User views image

650

Update fadsl code

No

User modifies facial image

7/9

610

:>---:>(e5.---;;. ..... Composite picture is done

Jl.. ~

708

Image Data

700 Library of pictorial entities and image

qualifiers

~~

"',..

~ ....-

"-

702

Image Builder unit

706

User Interface unit

8/9

710

Encoder ~ .. 712

~ 716

Code factors Communication

~ Unit

• 714

Decoder ~ Commu nication chan nel

71 8 .. 704

7'" Output Unit

Figure 7.·

9/9

.1 '-_S_~t:_2B_ .... I"~II-----800'---·-· . ...,j .. ~ ... 1_s_::_4A_..J

, Figur~ 8·

Express Mail Label No. Page 1 of 3

Docket No.

Declaration and Power of Attorney For Patent Application

English Language Declaration

As a below named inventor, I hereby declare that

My residence, post office address and citizenship are as stated'below next to my name,

( believe I am the original, first and sole inventor (if only one name is listed below) or an original, first and joint inventor (if plural names are listed below) of the subject matter which is ciaimed and for which' a patent is sought on the invention entitled

MEl'lIOD AND APPARATUS FORENCODINGIDECODING IMAGE DATA

the specification of which

(check one)

181 is attached hereto.

o was filed on __________ as United States Application No. or peT International

ru ~~~~~~~ _________ ~ _______________ _ and was amended on ------------------------------------

(If applicable)

I hereby state that ! have reviewed and understand the contents of the above identified specification, including the claims, as amended. by any amendment referred to above.

I acknowledge the duty to disclose to the United States Patent and Trademark Office all information known to me to be material to patentability as defined in Trtle 37, Code of Federal Regulations, Section 1.56.

I hereby claim foreign priority benefitS under Title 35, United States Code, Section 119(a)-{d) or Section 365(b) of any foreign application(s) for patent or inventor's certifiCate, or Section 365(a) of any peT International application which designated at least one countly other than the United States, listed below and have also identified below, by checking the box. any foreign application for patent or inventor's certificate or peT International application having a filing date before that of the application on which priority is daimed. ' '

Prior Foreign, Application(s) Priority Not Claimed

o (Number) (Country) (Day/MonthlYear Filed)

o (Number) (Country) (DaylMonthlYear Filed)

o (Number) (Country) (DaylMonthfY ear Filed)

r-------------------------.~. _______________ P_a_ge __ 2_m~3 hereby claim the benefit under 35 U.S.C. Section 119(9) of any United States provisional

application(s) listed below:

(Application Serial NO.) (RUng Date)

(Application Serial No.) (Ring Date)

(Application Serial No.) (Filing Date)

I hereby claim the benefit under 35 U. S. C. Section 120 of any United States application(s), or Section 365(c) of any peT . international application designating the United States, listed below and, insofar as the subject matter of each of the claims of this application is not disdosed in the prior United States or PCT International application In the manner provided by the first paragraph of 35 U.S.C. Section 112. 1 acknowledge the duty to disclose to the United States Patent and. Trademark Office all infonnation known to me to be material to patentability as defined in Title 37, C. F. R.,

i ;j Section 1.56 which became available between the filing date of the prior application and the national 'lJ or peT International filing date of this application:

! : ! .J

(Application Serial No.) (Filing Date) (Status) (patented. pending, abandoned)

(Application Serial No.) (Filing Date) (status) (patented. pendIng, abandoned)

(Application Serial No.) (Filing Date) (Status) (patented, pending, abandoned)

I hereby declare that all statements made· herein. of my own knowledge are true and that al\ statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements end the like so made are punishable by fine or imprisonment, or both, under Section 1001 of Trtfe 18 of the United States Code and that such willful false statements may jeopardize the validity of the application or any patent issued thereon.

a __ ._--II"'-"'_~ __ .re- .... t!ta ... a"P&At!I .. ,."'e~,.... ••• ..::n"'WI-

~I

I{-' . ·0 'c ..... _____ Pag_e_3_of--,3

POWER OF ATTORNEY: /J,s a named inventor. ( hereby appoint the fuIklwing attorney(s) and/or agent(s) to prosecUfe this ~ and transact all business in the Patent and Tmderna.rk Office ccnnecIBd. ~ (list name and l&gzSDatica t7UJ'Obert :Pmlli'. PrSia, Beg. No. 23..831; Rscm LAdorutD..:Reg. No.. 40~ AlIaItlWBicr~lhg.~l!J,717; Louis W.~k- Rcg.N .. 40~; Andre.WL Ney,.B.eg.. No. zo,3OO; Suqu~ L. ~ Rq.. No. 41~138; Kamab.N. NIgou, Reg...N4.31~ Eds:A...Df.dI.Ur~:Reg. No. 4l, 70S; lCrmD.:R. ca£:ey1'Rzg..N"<>.3Z,111; MamJ. Man:Di, 1k&-No.~593; lkftjlllllid J:.1.eacI; ~ Ncr.. ~2; Josha& 1-Cobea,. R.eg..No_ 48.,1J4O; JamesC~ Rtg.No.24.84l; ~ .LDet: ~iIfIfaD.~Na~ umaaceE. A.sht.ry,. ~ Ne..J4,5l5; h1;:k.I • .fUlkoviU.~ No. 4ZM8; R.obertL.~R!g.No.~mi ~T~Rtl-No. 26r4ll; 1)qU:iN. CWtr~.Rq}~r7,G4; ~Y. ~1'~!'W..37,51i3;

~B..Lm:s,~ Nv.36,2tJ1; .Ja=r!tm 1). Cufia', ~~ 40$6.

Send Correspondence to; RAlN1!:R&mESllA Sczije381~OPe W~~

l'.o.lSQ: ~ Ville,-E'~ "Pdil4jlu:a:fa l~ tlS.A..

Rlinam& of SI9CDIld ~ it"JDY

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Dafo

· Docket No.: IQB-0007C4 PATENT


In re Application of

Pierre COTE

Continuation of Serial No. 09/322,932



PRELIMINARY AMENDMENT

U.S. Patent and Trademark Office 2011 South Clark Place Customer Window, Mail Stop Amendment Crystal Plaza Two, Lobby, Room 1B03 Arlington, VA 22202

Sir:

Prior to initial examination on the merits, please amend the above-identified application

as follows:

Amendments to the Title begin on page .2 of this paper.

Amendments to the Specification begin on page.1 of this paper.

Remarks/ Arguments begin on page.4 of this paper.

Continuation of Application No. 09/322,932 Docket No. IQB-0007C4

Amendments to the Title:

Please replace the existing title with the following new title:

"SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE FACIAL IMAGE"

2


Amendments to the Specification:

Please amend page 1 to include the following paragraph before the section entided "Tide of the Invention":

--This application is a Continuation of U.S. Patent Application Serial No. 09/322,932,

filed on May 28,1999, the entire contents of which are incorporated by reference herein.--

3


REMARKS

Claims 1-43 are pending. It is respectfully submitted that this application is in condition for allowance. Favorable consideration and prompt allowance are respectfully requested.

Should the Examiner have any questions regarding the above-identified application, the Examiner is invited to contact Samuel W. Ntiros, Reg. No. 39,318 at the telephone number listed below.

Please charge any shortage in fees due in connection with the filing of this, concurrent and future replies, including extension of time fees, to Deposit Account 16-0607 and please credit any excess fees to such deposit account.

P.o. Box 221200 Chantilly, Virginia 20153-1200 703 766-3701 RA V:SWN/kdb Date: January 20, 2004

ene A. Vazquez Registration No. 38,647 SamuelW. Ntiros Registration No. 39,318


4

,Docket No.: IQB-0007C4


In re the Application of Pierre COTE

Continuation of Serial No.: 09/322,932


: Group Art Unit:

: Examiner:

PATENT

Por: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE P ACIAL IMAGE

INFORMATION DISCLOSURE STATEMENT


Sir: Pursuant to 37 C.P.R. 1.56, the attention of the Patent and Trademark Office is hereby directed

to the reference(s) listed on the attached PTO-1449. One copy of each reference is attached. It is respectfully requested that the information be expressly considered during the prosecution of this application, and that the reference(s) be made of record therein and appear among the "References Cited" on any patent to issue therefrom.

Applicants have listed publication dates on the attached PTO-1449 based on information presently available to the undersigned. However, the listed publication dates should not be construed as an admission that the information was actually published on the indicated date. Applicant reserves the right to establish the patentability of the claimed invention over any of the information provided herewith, and/or to prove that this information may not be prior art, and/or to prove that this information may not be enabling for the teachings purportedly offered. This statement should not be construed as a representation that a search has been made, that information cited in the statement is considered to be and/or is material to patentability, or that information more material to the examination of the present patent application does not exist. The Examiner is specifically requested not to rely solely on the material submitted herewith. It is further understood that the Examiner will consider information that was cited or submitted to the U.S. Patent and Trademark Office in a prior application relied on under 35 U.s.C. §120. 1138 OG 37, 38 (May 19, 1992).

~ 1. This Information Disclosure Statement is being filed (i) within three months of the U.S. filing date of a U.S. application other than a CPA continued prosecution application under §1.53(d) OR (ii) within three months of the date of entry of the national stage as set forth in §1.491 in an international application OR (iii) before the mailing date of a first Office Action on the merits OR (iv) before the mailing of a first Office Action after the filing of a Request for continued examination under §1.114. No certification or fee is required. 37 C.P.R. §1.97(b).

D 2. This Information Disclosure Statement is being filed more than three months after the U.S. filing date AND after the mailing date of the first Office Action on the merits, but before the mailing date of a Pinal Rejection OR Notice of Allowance OR an action that otherwise closes prosecution in the application. 37 C.P.R. §1.97(c).

D a. I hereby state that each item of information contained in this Information Disclosure Statement was first ~ited in a communication from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of this Information Disclosure Statement. 37 C.P.R. §1.97(e)(1).

'Continuation of Serial No. 09/322,932 Docket No. IQB-0007C4

o b. I hereby state that no item of information in this Information Disclosure Statement was cited in a communication from a foreign patent office in a counterpart foreign application and, to my knowledge after making reasonable inquiry, was known to any individual designated in 37 C.F.R. §1.56(c) more than three months prior to the filing of this Information Disclosure Statement. 37 C.F.R. §1.97(e)(2).

o c. Attached is our check no. in the amount of$180.00 in payment of the fee under 37 C.F.R. §1.17(p). Please credit or debit Deposit Account No. 16-0607 as needed to ensure consideration of the disclosed information. Two duplicate copies of this paper are attached.

o 3. This Information Disclosure Statement is being filed after the mailing date of a Final Rejection OR Notice of Allowance OR an action that otherwise closes prosecution in the application, but on or before payment of the Issue Fee. Attached is our check no. __ in the amount of $180.00 in payment of the fee under 37 C.F.R. §1.17(p). Please credit or debit Deposit Account No. 16-0607 as needed to ensure consideration of the disclosed information. Two duplicate copies of this paper are attached. 37 C.F.R. §1.97(d).

o a. I hereby state that each item of information contained in this Information Disclosure Statement was first cited in a communication from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of this Information Disclosure Statement. 37 C.F.R. §1.97(e)(1).

o b. I hereby state that no item of information in this Information Disclosure Statement was cited in a communication from a foreign patent office in a counterpart foreign application or, to my knowledge after making reasonable inquiry, was known to any individual designated in 37 C.F.R. §1.56(c) more than three months prior to the filing of this Information Disclosure Statement. 37 C.F.R. §1.97(e)(2).

4. Copies of the references were cited by or submitted to the Office in parent application No. 09/322 932 , filed May 28 1999, which is relied upon for an earlier filing date under 35 U.S.c. §120. Thus, copies of these references are not attached. 37 C.F.R. §1.98(d).

5. To the extent necessary, a petition for an extension of time under 37 C.F.R. §1.136 is hereby made. Please charge any shortage in fees due in connection with the filing of this paper, including extension of time fees, to Deposit Account 16-0607 and please credit any excess fees to such deposit account.

Correspondence Address: P.O. Box 221200 Chantilly, VA 20153-1200 Telephone: (703) 766-3701 Date: January 20, 2004

Respectfully submitted, FLESHN M, LLP

'/'/'/~ / . /'-

Kene A. Vazquez Registration No. 38,647 Samuel~. Ntiros Registration No. 39,318

- 2-

LIST OF PRIOR ART CITED BY APPLICANT

ATTY. DOCKET NO. IQB-0007C4

APPLICANT(S) Pierre COTE

EXAMINER'S INITIALS

..... ;.

EXAMINER'S INITIALS

EXAMINER

(PTO-1449)

*PATENTNO.

5,680,531

5,649,086

5,644,690

5,600,767

5,563,992

5,537,662

5,459,830

5,375,195

5,267,154

5,214,758

*PATENT APPLN.

PUB. NO.

*APPLN. NO.

PATENT NO.

*ISSUE DATE

10/21/97

07/15/97

07/01/97

02/04/97

10/08/96

07/16/96

10/17/95

12/20/94

11/30/93

OS/25/93

*PUB. DATE

*FILING DATE

DATE

FILING DATE January 20, 2004

*INVENTOR NAME

Litwinowi~z et al.

Belfer et al.

Yoshino et al.

Kakiyama et al.

Murata et al.

Sato et al.

Ohba et al.

Johnston

Takeuchietal.

Ohba et al.

*APPLICANT

*INVENTOR

COUNTRY

DATE CONSIDERED

SHEET 1 OF..1

APPLN. SERIAL NO. 09/322,932

GROUP

FILING CLASS SUBCLASS DATE

CLASS SUBCLASS

CLASS SUBCLASS

Translation

CLASS SUBCLASS Yes No

EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609; draw line through citation if not in conformance and not considered. Include copy of this form with next communication to Applicant.

AppllGation orDocket Number

PATENTAPPLIGATION FEE DETERMINATION RECORD Effective October 1, 2003 ,,01& '1 aJ.3 , ,

I CLAIMS AS FILED· PART I SMALL ENTITY OTHER THAN

. (Column 1) (Column '2) TYPE c::J OR SMALL ENTITY

TOTAL CLAIMS W~ RATE FEE RATE FEE

FOR NUMBER FILED NUMBER EXTRA BASIC FEE 385.00 OR BASIC fEE 770.00

TOTAL CHARGEABLE CLAIMS 4 3 minus 20== .. 02.~ X$ 9= 3.01 X$18= OR

9 • b INDEPENDENT CLAIMS minus 3 = X43= ,.:}$o.o fOR X86=

MULTIPLE DEPENDENT CLAIM PRESENT 0 +145= OR +290=

.. If the difference in column 1 is less than zerO, enter "0" in column 2 ~O10 ,

TOTAL OR TOTAL I

CLAIMS AS AMENDED - PART II OTHER THAN

(Column 1) (Column 2) (Column 3) SMALL ENTITY OR SMAll ENTITY

CLAIMS HIGHEST ADDI- ADOI-~ REMAINING NUMBER PRESENT

TIONAL t- AFTER PREVIOUSLY EXTRA RATE RATE TIONAl z FE'E w AMENDMENT PAID FOR FEE :E

Total Q .. Minus ** '" X$ 9= OR X$18= z W Independent Minus :0 :; '"

_. X43= . 'X86=

~ FIRST PRESENTATION OF MULTIPLE DEPENDENT CU\IM D.

OR

'+145= OR +290=

TOTAL TOTAl ADDIT, FEE OR ADOIT. FEE

(Column 1) (Column 2) Column 3) CLAIMS HIGHEST

AD,OI- ADOI-m REMAINING NUMBER PRESENT

~ AFTER PREVIOUSLY EXTRA RATE TIONAl RATE TIONAl

w AMENDMENT PAID fOR FEE FEE :E 0 Total .", Minus .... z '" X$9= OR X$18= w Independent '" Minus '" :E

........ ~

X43== OR X86= FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM 0 ,

+145= OR +290= , TOTAL TOTAL

ADOIT. FEE OR ADOIr. Ft;:E . ,

. (Column 1) (Column 2) (Column 3)

" CLAIMS HIGHEST AODI- ADDI, 0 REMAINING NUMBER PR(::SENT

t- AFTER PREVIOUSLY EXTRA RATE ,TIONAL RATE TIONAl z W. 'AMENDMENT PAID FOR FEE FEE :E Q T"t,,1 * Minus *" '" X5 <3-= X$18= z OR w ::E Independent '" Minus *** =

X";;·3= X86= ~ FIRST PRESEN,TATION OF MULTIPLE DEPENDENT CLAIM 0 OR

+14,5= OR . +290=

• If the enlry in column t is less than Ihe enlry in column 2. write ·0' in column' 3. TOTAL TOTAL ... if the -Highest Number Previously Paid For" IN THIS SPACE is less than 20, enler "20: AOOrT.FEE .oR ADOIT. FEE .... If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3. enter "3:

The "Highest Number Previously Paid For" (Total or Independenl) is Ihe highesl nUn:'ber found in Ihe appropriate box in column I,

FORM PTO·8.75 (Rev 10/0JI Pa!enl and Trademark O1ftce.l,I.S, DEPARTMENT OF COMMERCE

' .. . .

p.ppli.calion orDockel Number

PATENT APPLf CATION FEE DETERMINATION RECORD ..

·rO.1S')~~ Effective October 1, 2003 ..

t CLAIMS AS FILED - PART I SMAll ENTITY OTHER THAN . (Column 11 (Columo'2) TYPE c::J OR S~ALlI;NTITY

TOTAL CLAIMS U~ RATE FEE RATE FEE

.. FOR NUMBER FILED NUMBER EXT~A BASIC FEE 385.0Q OR BA~IC fEE 770.00

iOTAl CHARGEABLE CLAIMS 4 .3 .minus 20= .. Ot~ X$ 9= 1~1 X$18= OR

INDEPENDENT CLAIMS 9 . b minus' 3 = X43= ;9~~o ~R X86=

MULTIPLE DEPENDENT Ct..AIM PRESENT 0 +145= OR +290=

.. If the diHerenc~lumn 1 is less than zero. enter "0" in column 2 TOTAL a5>O.o OR TOTAL ! J-a~~)-~~'MS AS AMENDED - PART II OTHER THAN

(Column 1) lColumr:t 2\ Q;lumn3) SMALL ENTITY OR SMALL ENTITY

ClAIMS HIGHEST AOOI- ADOf--t REMAINING NUMBER PRESENT T.ONAL !z AFTER ~REVIOUSLY eXTRA RATE RATE TIONAL

w AMENDMENT PAlO FOR FEE FE'E :i:

Total ~L~~ ** .L~~ / Q Minus =A XS 9= OR )($18= z W Independent or Minus ....... C,. ".C-:-j

~ :: .. X43= . 'X8S= -t

FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM 0 OR

/. ' .. 145== OR +290=

TOTAl ~ .. TOTAl ADOlf. FEE OR ADOIT. FEE

(Column 1) (Column 2) . Column 3) ClAIMS HIGHEST

AOPI- ADDI-m REMAINING NUMBER PRESENT

2 AFTER PREVIOUSLY EXTRA RATE TIONAL RATE TIONAl w AMENOMENT PAlO FOR FEE FEE :: 0 Total .. .. Minus .... -. X$9= OR X$18= z w

Inde~endent Minus = :i: • .,.. . X86= <t X43=· OR

FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM 0 , .. +145= OR +290=

TOTAL TOTAL ADDIl. FEE OR ADOIT. F~E

.. . (Column I) (Column 2) (COlumn 3) , CLAIMS HIGHEST

ADDI- ADOI, 0 REMAINING NUMBER PRESENT J- AFTER PREVIOUSLY EXTRA RATE: .TIONAl RATE TIONAl z Ul . AMENDMENT PAID FDA FEE FEE ~ 0 T"t,,1

" Minus ..... = X59-= . X$18= z OR w :E Independent • Minus **'" = « X~3= OR X86=

FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM 0 +14,5= OR . +290==

• If the enlry in column 1 ;s less than Ih~ entry in column 2. wrile "0' in columo' :3. TOTAl. TOTAl .- It the 'HigheSl Number P(eviously Paid For- IN THIS SPACe is less than 20. €Inlet -20." AOOrI.FEE .OR ADOIT. FEE -II Ihe "Highesl Nllmber Previously Paid for" IN THIS SPACE is less Ihan J. enter '3:

The "Highest Numbel Previoosly Paid For" (Tolal ()( Independenl, is the highest nu":,ber found in the appropriate 00. in colum" 1.

FOAM PTO·S.TS /Rev 101031 Pateflt 3/Id fradernatk OIfl(e .. I.,l.S: OEPAA TMENT F o COMMERCE

IQ Biometrix Patent Application

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