Ex Parte Gutta et al - Page 4

                Appeal 2007-1246                                                                                   
                Application 10/014,180                                                                             

                control value equals the distance between symbolic features and whether                            
                Bieganski discloses aggregating the distances.                                                     
                       Bieganski discloses (col. 9, ll. 24-27 and 47-54) that a serendipity                        
                control value is computed by applying a serendipity control function to each                       
                item in a community popularity data set.  The results are values between 0                         
                and 1, with 1 meaning that the item meets the serendipity requirements, and                        
                0 meaning that the item does not meet the serendipity requirements.                                
                Bieganski further teaches (col. 9, l. 64-col. 10, l. 35) that a common control                     
                function includes a high frequency cutoff and a low frequency cutoff.  In                          
                other words, the control function would assign a zero to all items with a                          
                community popularity value above and below a specified range.  All items                           
                within the range would be assigned a value of one.  The serendipity control                        
                values do not indicate overall similarities between items, but rather indicate                     
                weighted community popularities, wherein the weights are not necessarily                           
                applied linearly.  In the example of the common control function, the                              
                weights are applied the same to high and low popularities, not increasing or                       
                decreasing with popularity.  Therefore, Bieganski's computing serendipity                          
                control values does not equate to computing degrees of similarities, or                            
                distances, between corresponding symbolic features.  Further, we find no                           
                disclosure in Bieganski of computing such distances.                                               
                       Since we have found no disclosure of calculating distances, we                              
                likewise find no disclosure of aggregating distances.  Nonetheless, even if                        
                we were to accept the Examiner's position that Bieganski's control values                          
                equal the claimed distances, Bieganski still fails to disclose aggregating the                     
                distances.  Bieganski discloses in the portion of column 14 cited by the                           
                Examiner that the serendipity control values are multiplied by the                                 

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