Ex Parte Moore - Page 6

                Appeal 2007-0610                                                                               
                Application 09/766,357                                                                         

                      (Kent at Para. 0098, "match the relevant content and advertising, with                   
                      a particular subscriber's predetermined desires and preferences"), and                   
                      using an optimization model to customize the layout for customers                        
                      (Kent at FIG. 5 at 48, Paras. 0077-0082, "optimization program," and                     
                      Paras. 0098-0099, "final content of publication is variable").                           
                Answer 4.                                                                                      
                2.  The Examiner’s characterization of the scope and content of Kent                           
                included a concession that Kent does not disclose using an optimization                        
                model that is one of a transportation model, network model, or generalized                     
                network model.                                                                                 
                      Although Kent teaches limitations of Appellant's base Claim 1                            
                      including using an optimization model to customize a layout, Kent                        
                      does not explicitly disclose that the optimization model is one of a                     
                      transportation model, network model, or generalized network model.                       
                Answer 4.                                                                                      
                3. Appellant agreed with the Examiner that “Kent does not teach or                             
                suggest an optimization 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 network                       
                model.” Appeal Br. 13.                                                                         
                4. Appellant did not traverse the Examiner’s finding that Kent discloses                       
                the steps of the claimed subject matter directed to (a) developing models to                   
                predict customer purchases; (b) scoring customers for each predictive model;                   
                (c) determining specific layout areas; and (d) determining where a particular                  
                product can be placed in the layout areas; and (e) using an optimizing model                   
                to customize the layout areas for customers. Appeal Br. 12-16.                                 




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