Appeal 2007-0271
Application 09/750,948
one or more data analysis tools comprising executable
instructions for analyzing said customer data from said
plurality of channels and determining one or more patterns
from said data; and
a recommendation engine for analyzing a current
customer interaction and recognizing one or more of said
patterns in said interaction, said recommendation engine
recommending strategies corresponding to said recognized
patterns.
The Examiner’s 35 U.S.C. § 102(b) rejection of claims 1, 4-6, and 9 is
based on a publication entitled “Net Perceptions Alters Dynamics of
Marketing Industry with Introduction of Net Perceptions for Call Centers,”
PR Newswire 9487 (Oct. 12, 1998) (hereafter “Net Perceptions”). The 35
U.S.C. § 103(a) rejection of claims 7, 8, and 10-20 is based on Net
Perceptions and Andrews, Whit, “A Hidden Agenda,” Internet World 43, 44
(October 1, 1999) (hereafter “Andrews”).
ISSUES ON APPEAL
With respect to the § 102(b) rejection, Appellant contends:
It is not seen . . . that the Net Perceptions Publication teaches
"one or more data analysis tools comprising executable
instructions to analyze said customer data to determine one
or more patterns and generate a set of rules based upon said
patterns" as part of the Net Perceptions call center solution.
(Br. 5.)
The Examiner responds:
“Net Perceptions . . . " specifically states that Net Perceptions
"continuously builds customer profiles as each call
progresses and uses the information to prompt agents with
purchase recommendations that are unique to each customer"
(¶ 2). This means that the Net Perceptions software
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