Ex Parte BUSCHE et al - Page 8



            Appeal No. 2005-1644                                                                       
            Application 09/400,583                                                                     
                  that allow them to refine merchandise placements.  For                               
                  example, managers discovered that shoppers were more likely                          
                  to buy travel alarm clocks if they were placed in the                                
                  luggage department than in the jewelry department.                                   
                  Furthermore, by being able to sort these patterns by age,                            
                  income and place of residence, the company can more                                  
                  precisely target each store for the specific demographics of                         
                  the nearby population.  Information derived from Wal-Mart's                          
                  co-branded credit card can also be used to develop                                   
                  individualized customer profiles.                                                    
            The examiner relies on the last two sentences for a teaching of                            
            data mining by group and by individual.                                                    
                  The quotation above teaches using data mining to generate                            
            data relationships "wherein the data relationships associate                               
            individual customers with information related to the individual                            
            customers."  The teaching of "being able to sort these patterns                            
            by age, income and place of residence" using data mining                                   
            techniques indicates the use of information related to individual                          
            customers, i.e., "age, income and place of residence."  In                                 
            addition, using information from the Wal-Mart credit card "to                              
            develop individualized customer profiles" by data mining                                   
            techniques indicates the use of information related to individual                          
            customers just as appellants' disclosure at page 27, lines 1-16,                           
            of the specification that it was known in the art to data mine                             
            based on the individual customer information obtained from use of                          
            a preferred customer card.  Toung also discloses data mining the                           
            combination of spatial relationships (placement of products in                             
            the store) and data relationships (association of product buying                           
            patterns with individual customer information, such as age,                                
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