Ex Parte JONES - Page 6




             Appeal No. 2004-0746                                                          Page 6              
             Application No. 09/163,588                                                                        


             The obviousness rejection                                                                         
                   We will not sustain the rejection of claims 1 to 11, 13, 14, 16 to 23, 27 to 32,            
             35 to 39 and 41 to 55 under 35 U.S.C. § 103 as being unpatentable over Ross in view               
             of Bolger.                                                                                        


                   The basis for this rejection (final rejection, pp. 4-6) is as follows:                      
                          Ross '770 discloses an apparatus and method of notifying a party of a                
                   pending delivery or pickup. A mobile receiver or carrier is equipped with a                 
                   satellite receiver, a controller and a communicator. The position of the vehicle is         
                   determined based on positioning data or signals. The controller compares the                
                   current vehicle location or position to the location in the mapped area. The                
                   communicator then communicates with the user to notify user. As shown in figure             
                   1, there are provided controllers (10 and 21), a video screens or computer                  
                   displays (14 and 26). Ross '770 also discloses a storage device for storing travel          
                   data related to the vehicle. The storage device is mounted on the vehicle located           
                   at a remote location. There is also provided a communications device or                     
                   apparatus for transmitting a message to a controller located at another remote              
                   location. The received or transmitted message is indicative of the status                   
                   (proximity) of the vehicle. As disclosed in column 2, there is provided an analyzer         
                   for evaluating the positioning signals to determine the position of the carrier, the        
                   position of the carrier is compared with a predetermined location. Also, a time             
                   interval is computed, and when the time interval is less than a predetermined               
                   time interval, a signal is communication to provide reasonable advance notice.              
                   See column 2. Also, a message or notification is forwarded to user via a                    
                   telephone associated therewith. See columns 5 and 6. As explained, more                     
                   specifically in the claim section, Ross discloses a voice generator for generating          
                   or producing an audible message to notify the party. Ross discloses the time                
                   period, and the predetermined distance as the data representative of the                    
                   proximity of the vehicle. In column 3, Ross '770 discloses the cellular network as          
                   a communications device. Further in column 3, Ross '700 discloses the vehicle               
                   indicator (identification) and the location indicator. Still in column 3, Ross '770         
                   discloses the communication interface as being telephone interface devices. As              
                   an alternate embodiment of the Ross patent, the vehicle can bus a bus and the               
                   location indicator is a bus stop. See column 6. However, Ross '770 does not                 







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