Appeal 2007-2593
Application 09/859,359
1 As to the Appellants’ argument that no information other than the identification
2 number of the user and barcodes of the scanned items is received from the wireless
3 device, the Examiner found that Sloane, in col. 3 lines 60-67, describes that the
4 wireless device provides information such as discounts, credits, rewards, total
5 purchases, and year-to-date savings (Answer 12:First full ¶).
6 As to the Appellants’ argument that in Sloane, purchase histories are
7 maintained on a centralized computer and are never received from a wireless
8 device attached to a shopping cart associated with a user, the Examiner found that
9 while the Appellant is correct that purchase histories can be maintained on a
10 centralized computer, Sloane also teaches that the purchase histories can be
11 received from a wireless device attached to the shopping cart associated with a user
12 in conjunction with the retailer computer/controller per col. 3 lines 60-67 (Answer
13 12:Second full ¶).
14 Findings14
15 We first construe the term “preference.” There is no lexicographic definition
16 in the Specification, but the usual and customary meaning is the selecting of
17 someone or something over another or others (FF 01-02). Thus preference
18 information is information associated with a selection of something over another.
19 As the Examiner found, Sloane describes the consumer scanning product bar
20 codes and transmitting those codes to the system (FF 04). Since the customer
21 selected such products to scan over others, such products represent preferences and
22 the transmitted bar codes are preference information. Thus, Sloane describes
23 automatically receiving preference information of the user from the wireless
24 communication device through the wireless communication. Sloane also describes
25 the use of this information in several embodiments (FF 04-11). Thus, the
12
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