The last word on the matter after e.Digital counsel explained sorted details to the examiner....

"In summary, Okamoto is not available as prior art under any provision of the statutes. Nor does any other member of the Okamoto application family in any foreign country qualify as prior art against this application. Therefore, all of the claim rejections should be withdrawn.

In view of the foregoing amendments and remarks, Applicant submits that this application is in condition for allowance. Early notification to that effect is respectfully requested."

That was 09-22-2010....

The examiner responded to the explanations, item 11 of an advisory ....10-01-2010

"® The request for reconsideration has been considered but does NOT place the application in condition for allowance because: Further consideration needs to be given to the newly presented arguments regarding the previously applied reference Okamoto (20060085859). It is further unclear why these arguments were not presented earlier."

E.Digital counsel followed up with request for continued examination by 10-07-2010

It's now 7-21-2011.....3 more months and it will be a year for the examiner to respond to the issues....or at least publish his considerations....perhaps DM insisted on secrecy???

Over six years dealing with the USPTO over this issue....

doni