Ex Parte ROCHON et al - Page 5




          Appeal No. 2002-1917                                                        
          Application 09/418,509                                                      


          by Scroggie.  The examiner’s explanation of the rejection is                
          sufficient to establish a prima facie case of anticipation.                 
          Taking claim 1, for example, appellants broadly assert that                 
          Scroggie does not disclose depending the transmission of a                  
          manufacture’s product sample offer to the user upon whether the             
          user’s profile data meet user profile criteria associated with              
          the manufacturer’s product sample offer [brief, page 6].  Other             
          than this conclusory statement, appellants provide no further               
          discussion.  The examiner’s rejection indicates that user profile           
          data can include zip code, preferences and buying pattern, and              
          the rejection points to portions of Scroggie where this profile             
          data is used to determine what offers to make to a given user.              
          We agree with the examiner that this data in Scroggie constitutes           
          profile data which is used to match profile criteria for a given            
          product.  Therefore, the rejection has established a prima facie            
          case of anticipation.  Since appellants have not presented any              
          substantive arguments to support their position that the                    
          examiner’s position is incorrect, we sustain the examiner’s                 
          rejection.  This same type of analysis can be applied to each of            
          the claims on appeal.                                                       




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