Ex Parte Tanaka et al - Page 13



          Appeal No. 2005-2657                                      Page 13           
          Application No. 09/898,497                                                  
          Chooser chooses the messages to be provided to the subscriber on            
          the basis of the location of the subscriber’s cell phone.  From             
          the disclosure (paragraph 72) we find that subscribers who agree            
          to receive one or more ads only at the beginning of a call,                 
          receive a few minutes of subsidy, whereas for subscribers who               
          agree to accept interruptions within a call, the entire call may            
          be subsidized.  We find from this disclosure that different                 
          subsidies are provided depending on whether a subscriber is                 
          willing to receive ads before a call or before and during a call.           
          From the disclosure (paragraph 66) we find that the cell                    
          phone location is compared to the target locations of the Ad                
          Target Data 25 to eliminate those ads which have a wireless                 
          mobile location requirement that is not satisfied by the Ad                 
          Selection Code.  From the disclosure (paragraph 71) we find that            
          the process of the Call Routine Generator 27 continues until,               
          inter alia, no advertisement is acceptable for insertion into the           
          call based on criteria established by the sponsors of the ads.              
          In this instance, the Call Routine Generator will insert a pre-             
          recorded announcement to the subscriber that no sponsored                   
          advertisements are available to subsidize the call.                         
               From this disclosure, we find that in the embodiment where             
          the Ad Chooser chooses the messages to be provided to the                   
          subscriber on the basis of the location of the subscriber’s cell            





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