Ex Parte Moore - Page 4

                Appeal 2007-0610                                                                               
                Application 09/766,357                                                                         

                      1. A computer implemented method for customizing direct marketing                        
                      materials, comprising:                                                                   
                             developing models to predict customer purchases;                                  
                             scoring customers for each predictive model;                                      
                             determining specific layout areas;                                                
                             determining where a particular product can be placed in the                       
                      layout areas; and                                                                        
                             using an optimizing model to customize the layout areas for                       
                      customers, wherein the optimization model used to customize the                          
                      layout areas is at least one of a transportation model, a network model,                 
                      or a generalized model.                                                                  

                      A. Issue                                                                                 
                      The Examiner contends that Kent teaches all the claimed limitations                      
                but for the use of a transportation model, a network model, or a generalized                   
                network model. Answer 4. Kent is directed to a method of customizing                           
                mass-distributed publications.  The Examiner relies on Cornuejols to show                      
                the use of a transportation model, a network model, or a generalized network                   
                model. Answer 4. Cornuejols is directed to coursework on the subject of                        
                network optimization.  The Examiner contends that the claimed subject                          
                matter is a combination of Kent’s customization of mass-distributed                            
                publications and Cornuejols’ network optimization, which combination                           
                would have been obvious to one of ordinary skill in the art “to                                
                advantageously provide a quick and intuitive approach to customizing a                         
                layout.” Answer 4.                                                                             
                      Appellant argues that “Kent and Cornuejols do not teach or suggest all                   
                of the features asserted to be present by the Examiner … [and] do not                          
                provide any teaching, suggestion, or incentive to combine or modify the                        

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