Ex Parte Hammerstad - Page 7

                Appeal 2007-2241                                                                                   
                Application 09/768,990                                                                             
            1          Alberts differs from the claimed method in that the triggering                              
            2   information the claimed method uses comes from information provided in a                           
            3   subscriber profile rather than, as with Alberts, statistics taken from the                         
            4   behavior of users accessing websites.                                                              
            5          Tso discloses sending information over a network to a user depending                        
            6   on information contained in a user profile.                                                        
            7          What information is sent to the user is dependent on various factors,                       
            8          including: the location of the user; the time of day; and the                               
            9          information contained in a user profile.                                                    
           10   Col. 1, ll. 48-52. Tso uses a system which comprises a server (called an                           
           11   “InfoCast” server) connected to a network that contains a “subscriber                              
           12   database at the user’s home” (col. 4, ll. 38-41; referred later in Tso as                          
           13   “subscriber database 53”) and an “InfoBite” database (element “50,” col. 4,                        
           14   l. 44; “InfoBite” is information sent in lieu of the full item, see col. 7, ll. 30-                
           15   40), and a schedule/resource controller (element “61”).                                            
           16                 Schedule/resource controller 61 is responsible for filtering the                     
           17          InfoBites that are sent to a user based upon the user’s profile as                          
           18          contained in the user’s record and subscriber database 53 - i.e., a                         
           19          subscriber profile filter, the user’s current location - i.e., a locational                 
           20          filter, and the time of day - i.e., a temporal filter.                                      
           21   Col. 10, ll. 41-46. This passage appears to teach the delivery of content                          
           22   filtered on the basis of information, such as the time of day, contained in a                      
           23   subscriber profile.                                                                                
           24          Given the teachings of Alberts and Tso, we ask the Examiner to                              
           25   consider whether it would have been obvious to one of ordinary skill in the                        
           26   art to deliver time-significant advertising content to a subscriber over a                         
           27   network triggered by information contained in a subscriber’s profile. While                        
           28   neither Alberts and Tso explicitly show comparing the current time with the                        


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