Ex Parte BUSCHE et al - Page 13



            Appeal No. 2005-1644                                                                       
            Application 09/400,583                                                                     
                  Hughes discloses "associations of customer paths through the                         
            retail space with product placement within the retail space"                               
            using data mining techniques, although the term "data mining" is                           
            not specifically mentioned.  In Hughes, the store has a record of                          
            the items purchased, the time that the items were taken off their                          
            respective fixtures, and the product placement, and from this can                          
            calculate the path (Fig. 32; col. 18, lines 16-40), which is                               
            considered "associations of customer paths through the retail                              
            space with product placement within the retail space" which is                             
            done by data mining since it must mine the data regarding                                  
            location of the items, time the items were moved, and the order                            
            in which items were removed which determines a customer path.                              
            Hughes also discusses tracking the path taken by the item and the                          
            customer (col. 18, lines 24-40), which is also considered                                  
            "associations of customer paths through the retail space with                              
            product placement within the retail space" which is done by data                           
            mining since it involves examining the data regarding the product                          
            placement and the customer path.                                                           








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