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 (01l100S)
United States District 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
DEPUTY
U.S. DISTR;CT COUK r, NORTHE N
DISTRICT OF ILLINOIS

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 ~ I I I I I I I I I I I I I I I I I I I I I ~ I ~ I I I I I I I I I I I I ~ I I I I I I I I I I I I I I I
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
1
0
All Fees
I
1
0
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:
1
0
1.18 Fees (Issue)
1
1
0
Other
I
1
0
Credit
I
- .-
I
,
PART B '" FEE(S) TRANSMITTAL
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
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
HwOHDAF2 00300075 16759225
CLASS-SUBCLASS
Ul
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,
(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 (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
TITLE OF INVENTION: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE FACIAL IMAGE
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:
A. If the status is the same, pay the TOTAL FEE(S) DUE shown
above.
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
FLESHNER & KIM, LLP
P.O. Box 221200
Chantilly, VA 20153-1200
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
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 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
UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
101759,225 0112012004
7590
FLESHNER & KIM, LLP
P.O. Box 221200
Chantilly, VA 20153-1200
06/25/2007
FIRST NAMED INVENTOR
Pierre Cote
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
A TTORNEY DOCKET NO. CONFIRMA nON NO.
IQB-0007C4 6449
EXAMINER
causa, YON JUNG
ART UNIT PAPER NUMBER
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 t h ~
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
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YJC
June 20, 2007
~ ~ \ ~
V M YON J. cnuS\)
PRIMARY EXAMINER
Page 1 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 i 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 6,690,830
** FOREIGN APPLICATIONS ********************
IF REQUIRED, FOREIGN FILING LICENSE GRANTED •• SMALL ENTITY **
** 04/21/2004
Foreign Priority claimed

INDEPENDENT
35 USC 119 (a-<l) conditions after
STATE OR SHEETS TOTAL
Allo ce
COUNTRY DRAWING CLAIMS CLAIMS
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
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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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
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Total Claims Allowed:
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(Pnmary -' Print Claim(s) /
Print Fig.
(Legal Instruments Examiner) (Date)

tKI Claims renumbered in the same order as presented by applicant
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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
U.S. Patent and Trademark Office Part of Paper No. 20070620
Search Notes
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SEARCHED
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INTERFERENCE SEARCHED
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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
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EAST Search History
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613 facial ad} feature.elm. US-PGPUB; OR ON 2007/06/20 12:30
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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
· 'l;.g
Docket No.: IQB-0007C4 _ .. <Ill)

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
Serial No. 10/759,225 Docket No. IQB-0007C4
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.
9. (Original) The method of claim 1, wherein the receiving step includes:
3
Serial No. 10/759,225 Docket No. IQB-0007C4
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.
13. (previously Presented) 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 fIrst screen area, wherein selection of
each facial feature image automatically generates a corresponding element code based on:
4
Serial No. 10/759,225 Docket No. IQB-0007C4
(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 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
Serial No. 10/759,225 Docket No. IQB-0007C4
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.
20. (previously Presented) A method, comprising:
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:
(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 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, wherein the composite
facial image is based on a combination of element codes including an element code
corresponding to the selected facial feature image.
6
Serial No. 10/759,225 Docket No. IQB-0007C4
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:
(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 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
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
Serial No. 10/759,225 Docket No. IQB-0007C4
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
Serial No. 10/759,225 Docket No. IQB-0007C4
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:
(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
9
Serial No. 10/759,225 Docket No. IQB-0007C4
(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, 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
Serial No. 10/759,225 Docket No. IQB-0007C4
40. C ~ n c e l e d
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:
(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
a third code section which causes a screen to display a composite image based on
element codes corresponding to the facial feature designations.
42. (previously Presented) A computer-readable medium storing a program
compnsmg:
11
Serial No. 10/759,225 Docket No. IQB-0007C4
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:
(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 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 displayed based on a combination of element codes corresponding to the selected
facial feature images.
43. (previously Presented) A computer-readable medium storing a program
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
Serial No. 10/759,225 Docket No. IQB-0007C4
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:
(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 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
Serial No. 10/759,225 Docket No. IQB-0007C4
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
Serial No. 10/759,225 Docket No. IQB-0007C4
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
Serial No. 10/759,225 Docket No. IQB-0007C4
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
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 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
Serial No. 10/759,225 Docket No. IQB-0007C4
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
Serial No. 10/759,225 Docket No. IQB-0007C4
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
Serial No. 10/759,225 Docket No. IQB-0007C4
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
( ~ / 1 w ~ '
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 __
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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
For: SYSTEM AND METHOD FOR CREATING AND DISPLAYING
A COMPOSITE FACIAL IMAGE
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
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Sir:
Applicant petitions the Commissioner of Patents and Trademarks to extend the time for
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29, 2007 to May 29, 2007.
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Date: MAY 29, 2007
Respectfully submitted,
THE FLESHNER GROUP, PLLC
Carl R. Wesolowski
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05/30/2007 JADD01 80000144 10759225
01 FC:2254
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In re Application of Confirmatipn No.: 6449
Pierre COTE Group Art Unit: 2624
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
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Applicant hereby appeals to the Board of Appeals from the decision dated May 30, 2006 of the
Primary Examiner finally rejecting claims 1-44.
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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 2 5 0 . ~ 3 or
i'''' 60cket No.: IQB-0007C4
PATENT
In re Application of Confltmation No.: 6449
Pierre COTE Group Art Unit: 2624
Serial No.: 10/759,225 Examiner: Couso, Y.J.
Filed: January 20, 2004 Customer No.: 34610
For: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A
COMPOSITE FACIAL IMAGE
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:
Applicant petitions the Commissioner of Patents and Trademarks to extend the time for
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Correspondence Address:
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Date: NOVEMBER 29, 2006
Rene A.
Registration No. 38,647
Samuel W. Ntiros, Esq.
Registration No. 39,318
11/301200& SZEWDIEl 10759225
02 FC:2253 510.00 OP
Please direct all correspondence to Customer Number 34610
UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
10(759,225 0112012004
7590 0513012006
FLESHNER & KIM, LLP
P.O. Box 221200
Chantilly, VA 20153-1200
FIRST NAMED INVENTOR
Pierre Cote
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
EXAMINER
COUSO, YON JUNG
ART UNIT PAPER NUMBER
2624
DATE MAILED: 05/30/2006
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
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: __ '
U.S. Patent and Trademark Office
PTOL-326 (Rev, 7-05) Office Action Summary Part of Paper No.lMail Date 20060517
Application/Control Number: 10n59,225
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
l i m i t ~ 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).
Application/Control Number: 10n59,225
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.
Application/Control Number: 101759,225
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 f e a t u r ~ 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 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).
Application/Control Number: 101759,225
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 ~ l e c t e d 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).
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 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.
Application/Control Number: 10n59,225
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.
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, 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.
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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>
..... -


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'-'

Jed-'


:B9t]-j

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'3<Lr 4-13
12/
.5'"3
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I
INTERFERENCE SEARCHED
Class Subclass Date Examiner
'--
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 ~
P A ~
.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
Filed: January 20, 2004
)
)
)
)
ConfIrmation No. 6449
Examiner: Couso, Y.J.
Group Art Unit: 2624
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.
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 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.
9. (Original) The method of claim 1, wherein the receiving step includes:
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
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 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
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.
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
of a plurality of values indicative of variations of the facial feature
and
-6-
Serial No. 10/759,225
.(b). a flrst 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
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:
an input device which generates the user signals.
-7-
Serial No. 10/759,225
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.
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
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.
-8-
Serial No. 10/759,225
34. (Currendy Amended) A system, comprising:
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:
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 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
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 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
feature images in the composite image.
40. (Currendy Amended) A system, comprising:
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
of a plurality of values indicative of variations of the facial feature and
.(b). a flrst 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
-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
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: 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.
42. (Currently Amended) A computer-readable medium storing a program
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
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.
43. (Currently Amended) A computer-readable medium storing a program
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
element code based on:
-12-
Serial No. 10/759,225
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.
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:
(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 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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UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICA nON NO. FILING DATE
101759,225 01/20/2004
7590 05103/2006
FLESHNER & KIM, LLP
P.O. Box 221200
Chantilly, VA 20153-1200
FIRST NAMED INVENTOR
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UNITED STATES DEPARTMENT OF COMMERCE
United States Patent aod Trademark Office
Address: COMMISSIONER FOR PATENTS
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ATTORNEY DOCKET NO. CONFIRMA nON NO.
IQB-0007C4 6449
EXAMINER
COUSO, YON JUNG
ART UNIT PAPER NUMBER
2624
DATE MAILED: 05/03/2006
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. 2 b ) ~ 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
Application/Control Number: 101759,225
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).
Application/Control Number: 101759,225
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
Application/Control Number: 101759,225
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
Application/Control Number: 101759,225
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).
Application/Control Number: 101759,225
Art Unit: 2624
Page 6
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 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.
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, 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.
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
Application/Control Number: 101759,225
Art Unit: 2624
you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free).
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-

:;t;

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,
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./

INTERFERENCE SEARCHED
Class Subclass Date Examiner
U.S. Patent and Trademark Office Part of Paper No. 20060419
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
U.S. Patent and Trademark Office
(Through numeral)
Cancelled
Restricted
Claim Date
N Non-Elected
I Interference
Claim
51 101

A
Appeal
o Objected
Date
__
l:::J
55 105
56 106
57 -1::::1- 107
58 1:::::1 108
59 [J 109
60 110
__
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
__ __
72 122
73 123
74 124
75 125
77 127
n

80 130
81 131
82 132
83 133
64
85 135
86 136
87 137

89 139
90 140
91 141
92 142

94 144
95 145
96 146
97 147
_____
99 1::,:,1 149
100 1",,:1 150
Part of Paper No. 20060419
Docket No.: IQB-0007C4 PATENT
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of ~ ~ E ~
o ~ O l
.\
Pierre COTE . ~ 'I." ~ . ~
~ ~ \ \ ~
Confirmation No.: 6449
Group Art Unit: 2183
Serial No.: 10/759,225 \. ,l
........ ..-';:
" .. .., ,-
Examiner:
Filed: 1/20/2004 Customer No.: 34610
For: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A
COMPOSITE FACIAL IMAGE
>, 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:
Applicant petitions the Commissioner of Patents and Trademarks to extend the time for
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
FLESHNER & KIM, LLP
P.O. Box 221200
Chantilly, VA 20153-1200
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
I I I I I I I I I I I I I I I ~ I I ~ I I I ~ I I I ~ I I ~ I I I ~ I I I ~ 11111 ~ I I I 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 1450
A copy of this notice MUST be returned with the reply.
Customer Center
Initial Patent Examination Division (703) 1202
PART 3 OFFICE COPY
Page 2 of2
--....L
. Patent Application
:: :olii2issioner of Patents
:?5 I.lexandria, Virginia 22313-1450

en
UTILITY PATENT APPLICATION
TRANSMITTAL UNDER 37 C.F.R. §1.53(b)

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 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
Amend the specification by inserting before the first line the sentence:
--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
Date: January 20, 2004
Respectfully submitt d,
FLESHNER , LLP
Rene A. Vazquez
Registration No. 38,647
Ntiros
Registration No. 39,318
2
f!
:Docket No.: IQB-0007C4 PATENT
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of:
Pierre COTE
Continuation of
Serial No.: 09/322,932 : Group Art Unit:
Filed: January 20, 2004 : Examiner:
For: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE
FACIAL IMAGE
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
. Patent Application
:: :olii2issioner of Patents
:?5 I.lexandria, Virginia 22313-1450

en
UTILITY PATENT APPLICATION
TRANSMITTAL UNDER 37 C.F.R. §1.53(b)

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 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
Amend the specification by inserting before the first line the sentence:
--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
Date: January 20, 2004
Respectfully submitt d,
FLESHNER , LLP
Rene A. Vazquez
Registration No. 38,647
Ntiros
Registration No. 39,318
2
f!
:Docket No.: IQB-0007C4 PATENT
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of:
Pierre COTE
Continuation of
Serial No.: 09/322,932 : Group Art Unit:
Filed: January 20, 2004 : Examiner:
For: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE
FACIAL IMAGE
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:
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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
of the Invention
This invention relates to a method and for
encoding/decoding image data. It. is particularly applicable to the
encoding/decoding of images can be separated into their
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
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 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
Attorney Docket No. IQB-0007C4
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 an
image 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
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Attorney Docket No. IQB-0007C4
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 The image code can 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

other image qualifiers may be 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
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Attorney Docket No. IQB-0007C4
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. 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 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 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
Attorney Docket No. IQB-0007C4
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 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
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 process in
accordance with the spirit of the invention;
Fig. 6? and 6b show flow diagrams for the creation of an image and
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 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
Attorney Docket No. IQB-0007C4
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
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
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
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 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
Attorney Docket No. IQB-0007C4
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
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
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 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
Attorney Docket No. IQB-0007C4
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 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

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
Attorney Docket No. IQB-0007C4
entity Posi.t;ion
symbol
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 a given class. Alternatively,
the ma.ximum factor is larger that the largest: symbol assigned to
an image qualifier or pictorial 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 Maximum. pos:i.tion
entity factor qualifier factor
EYES 900 5
LIPS 600 26
GLASSES 200 23
In the 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
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Attorney Docket No. IQB-0007C4
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.
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 in conjunction
with the factor t:able below will better illustrate this step 406.
Maxi..m.um. p:ict:.ori.al . Maximum. pos:i.tion
en ti. ty factor factor
EYES 900
;r""
5
LIPS 600 26
200 23
If class "EYES
u
for the pictorial entity is being considered,
12
Attorney Docket No. IQB-0007C4
then the facial code is multiplied by 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
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
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 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
Attorney Docket No. IQB-0007C4
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

Attorney Docket No. IQB-0007C4
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
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 the factor table below will better
illustrate this step 506.
Max.imum pictorial position
enti.ty factor factor
EYES 900 5
LIPS 600 26
GLASSES 200 23
If. class "GLASSES" for the position qualifier is being
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
Attorney Docket No. IQB-0007C4
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 ~ t i t i e s 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.
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Attorney Docket No. IQB-0007C4
An example of a 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
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 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 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
Attorney Docket No. IQB-0007C4
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 site by
transmitting the facial code. In the event that the is not
satisfied with the appearance of the facial image, condition 606
is answered in the negative and user may modify the facial
image 608. The modification of the facial image may comprise
different 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, 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.
after each selection of a pictorial entity or and
image qualifier, the systems displays it to allow the user to view
18
Attorney Docket No. IQB-0007C4
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 .. 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 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
Attorney Docket No. IQB-0007C4
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 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
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
Attorney Docket No. IQB-0007C4
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 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
Attorney Docket No. IQB-0007C4
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
specification, and the contents of all such
papers and documents are incorporated herein by reference.
22
Attorney Docket No. IQB-0007C4
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:
displaying a plurality of facial feature images; and
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
feature images in the composite image.
23
Attorney Docket No. IQB-0007C4
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
of a touch screen, a mouse, a pointing device, and a keyboard.
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
Attorney Docket No. IQB-0007C4
12. The method of claim 11, wherein the identifying features
include at least one of a scar, tattoo, birth mark, glasses, and
jewelry.
13. A method, comprising:
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
Attorney Docket No. IQB-0007C4
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.
20. A method, comprising:
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
Attorney Docket No. IQB-0007C4
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:
an input device which generates the user signals.
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
Attorney Docket No. IQB-0007C4
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.
34. A system, comprising:
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
Attorney Docket No. IQB-0007C4
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.
40. A system, comprising:
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
Attorney Docket No. IQB-0007C4
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.
42. A computer-readable medium storing a program comprising:
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.
43. A computer-readable medium storing a program comprising:
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
Attorney Docket No. IQB-0007C4
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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Defects in the images may include (but are not limited to):
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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
Image Data
~
- Builder unit
....
entities and image
qualifiers
,.
,
Image
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Figure 3
,.
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
__ - I I ~ 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
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Express Mail Label No.
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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
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· Docket No.: IQB-0007C4 PATENT
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of
Pierre COTE
Continuation of
Serial No. 09/322,932
Filed: January 20, 2004 Customer No.: 34610
For: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A
COMPOSITE FACIAL IMAGE
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
Continuation of
Application No. 09/322,932 Docket No. IQB-0007C4
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
Continuation of
Application No. 09/322,932 Docket No. IQB-0007C4
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
Please direct all correspondence to Customer Number 34610
4
,Docket No.: IQB-0007C4
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re the Application of
Pierre COTE
Continuation of
Serial No.: 09/322,932
Filed: January 20, 2004
: Group Art Unit:
: Examiner:
PATENT
Por: SYSTEM AND METHOD FOR CREATING AND DISPLAYING A COMPOSITE
P ACIAL IMAGE
INFORMATION DISCLOSURE STATEMENT
U.S. Patent and Trademark Office
2011 South Clark Place
Customer Window
Crystal Plaza Two, Lobby, Room lB03
Arlington, Virginia 22202
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
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'Continuation of
Serial No. 09/322,932 Docket No. IQB-0007C4
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any individual designated in 37 C.F.R. §1.56(c) more than three months prior to the
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4. Copies of the references were cited by or submitted to the Office in parent application
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/ .
/'-
Kene A. Vazquez
Registration No. 38,647
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
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==
..
0 2 . ~ X$ 9=
3.01
X$18=
OR
9

b
INDEPENDENT CLAIMS
minus 3 =
X43=
,.:}$o.o fOR
X86=
MULTIPLE DEPENDENT CLAIM PRESENT
0
+145=
OR
+290=
.. If the difference in column 1 is less than zerO, enter "0" in column 2
~ O 1 0
,
TOTAL OR TOTAL
I
CLAIMS AS AMENDED - PART II OTHER THAN
(Column 1) (Column 2) (Column 3)
SMALL ENTITY OR
SMAll ENTITY
CLAIMS HIGHEST
ADDI- ADOI-
~
REMAINING NUMBER PRESENT
TIONAL t-
AFTER PREVIOUSLY EXTRA
RATE RATE TIONAl
z
FE'E
w
AMENDMENT PAID FOR FEE
:E
Total Q .. Minus
**
'"
X$ 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 ..

Effective October 1, 2003
..
t CLAIMS AS FILED - PART I
SMAll ENTITY
OTHER THAN
. (Column 11 (Columo'2) TYPE
c::J OR
TOTAL CLAIMS

RATE FEE
RATE FEE
..
FOR
NUMBER FILED NUMBER
BASIC FEE 385.0Q
OR
fEE
770.00
iOTAl CHARGEABLE CLAIMS
4 .3 .minus 20=
..
X$ 9=

X$18=
OR
INDEPENDENT CLAIMS
9
.
b
minus' 3 =
X43=

X86=
MULTIPLE DEPENDENT Ct..AIM PRESENT
0
+145=
OR
+290=
.. If the 1 is less than zero. enter "0" in column 2
TOTAL
a5>O.o OR TOTAL
!
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 eXTRA
RATE RATE TIONAL
w AMENDMENT PAlO FOR FEE
FE'E
:i:
Total
**
/
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
Minus
=
:i: •
.,.. .
X86=
<t
X43=·
OR
FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
0
, ..
+145=
OR
+290=
TOTAL TOTAL
ADDIl. FEE
OR ADOIT.
..
. (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
**'"
=
«

OR
X86=
FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
0
+14,5=
OR
. +290==
• If the enlry in column 1 ;s less than 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

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