Ex Parte Seligmann - Page 7




         Appeal No. 2006-3323                                                       
         Application No. 10/287,151                                                 

                   description of task 270; note that average speed does            
                   not apply at the start of the trip.) In some                     
                   embodiments, adjustments to the historical travel time           
                   data might be made based on weather information,                 
                   traffic information, and average speed. The remaining            
                   distance to the destination can be used for                      
                   interpolation, given that the travel time database               
                   cannot have infinite spatial resolution. Time-of-                
                   arrival metrics that might be estimated include:                 
                   expected time-of-arrival, earliest time-of-arrival,              
                   time-of-arrival bounds for a given confidence interval,          
                   etc. In some embodiments, the computations of task 245           
                   might be performed at a remote server, while in other            
                   embodiments, the computations of task 245 might be               
                   performed by a processor embedded in mobile                      
                   communications device 145, as is well understood in the          
                   art.                                                             
              Thus, representative claim 1 does require estimating and              
         sending the time-of-arrival bounds for a confidence interval for           
         a user in transit from a source location to a destination                  
         location.                                                                  
              Now, the question before us is what Schmier would have                
         taught to one of ordinary skill in the art?  To answer this                
         question, we find the following facts:                                     
              1. At column 6, line 66 through column 7, line 6, Schmier             
         states the following:                                                      
                   [T]he present invention is embodied in a system and              
              method using global positioning system devices mounted in             
              individual vehicles which determine the precise                       
              coordinate/location of the individual vehicles. That                  
              information is transmitted to one or more central computers,          
              preferably via a wireless communication link, and more                
              generally via any of the available communications wireless            
              links or "hard-wired" links, including fiber optics links,            
              radio, satellite, microwave, cellular, telephone, etc., and           

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