Ex Parte Nakano et al - Page 4



                Appeal 2007-0580                                                                               
                Application 09/839,000                                                                         
                parent) may restrict access to cites rated "PG" or "G" or the server may use                   
                the parental guidance codes in conjunction with the user age stored on a                       
                smart card to limit authorized channels (col. 9, ll. 5-29).                                    
                      Appellants argue that the Examiner's conclusion that "tailoring virtual                  
                channels to a consumer profile is equivalent to restricting consumers from                     
                viewing virtual channels" is not supported (Reply Br. 1).  It is also argued                   
                that the Examiner does not contend that Appellants' argument in the Brief is                   
                wrong (Reply Br. 1).                                                                           
                      We agree with the Examiner's findings.  A "consumer profile being                        
                used to tailor virtual channels" is interpreted to mean that there is                          
                information in a profile that determines which virtual channels a user                         
                receives.  Nobakht discloses that a parent can determine which channels can                    
                be viewed by a young user, as noted by the Examiner, which is a profile.  In                   
                addition, Nobakht discloses that users can have channel table options.  "For                   
                example, user 'JOE JOCK' may subscribe to a premium package that                               
                provides access to sports-based Internet sites.  In addition, a young user may                 
                only be authorized to download pre-defined children's sites and/or                             
                educational sites from master channel table 112-a."  (Col. 9, l. 65 to col. 10,                
                l. 2).  That is, the channel table type in Figure 5(B) is a consumer profile                   
                used to tailor virtual channels.  As to Appellants' argument that the                          
                Examiner did not deny the arguments were wrong, the Examiner's reference                       
                to portions of Nobakht for the consumer profile in response to Appellants'                     
                argument indicates that the Examiner considers the argument to be wrong.                       
                The rejection of claims 7-12 is affirmed.                                                      
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