Appeal No. 2005-0045 Page 4
Application No. 09/801,093
a step of calculating the estimated time of arrival of the customer at the selected local
facility (col. 9, lines 24 to 25). The Hall method then notifies the customer of the local
facility’s location and the cost of the order (col. 9, lines 51 to 53).
The examiner is of the opinion that Hall discloses each and every element of
claims 7 to 10, 12 and 14. Specifically the examiner states:
. . . Hall discloses a method of notification upon arrival at a
predetermined location comprising the step of: receiving a
first signal indicative of a first location of a first party
(Abstract, C5 L20-24; receive order and location from mobile
customer); transmitting a second signal to a second party
when the first location is equal to a first predetermined
location (Fig 6C, C6 L21-43, Claim 2, Claims 19-21:
transmitting the pick-up order to the service provider to be
ready by the mobile customer’s estimated time of arrival);
and coordinating an activity at a second predetermined
location based on the second signal (Abstract, C8 L1-3,
Claim 5: coordinating the mobile customers ETA with food
preparation).[answer at page 3]
The appellants argue that Hall does not disclose transmission of a signal when
the first location of the first party is equal to a predetermined first location. We agree
with the appellants and thus we will not sustain the rejection.
While it is true that Hall discloses receiving a first signal indicative of a first
location of a first party in that Hall discloses that the location of the customer is
determined by a location determination system by receiving a signal indicative of the
customer location (col. 6, lines 21 to 31). In addition, the method of Hall can repeatedly
receive information about a customer’s location (claim 19). Hall does not disclose any
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