Ex Parte O'BRIEN et al - Page 8




               Appeal No. 2002-1846                                                                                                   
               Application 09/146,199                                                                                                 
                       [Bass] teaches, regarding point of sale communication networks, that,                                          
                               . . . it is essential that data communication systems, comprising the                                  
                               networks which provide the communication links and the data                                            
                               terminal stations connected thereto for transmitting and receiving                                     
                               the data information, be utilized to the fullest extent possible                                       
                               and,                                                                                                   
                               . . . it is imperative that the system operate with as great [a]                                       
                               reliability as practicable to assure the greatest degree of availability                               
                               for data transmissions (column 1, lines 32-52).                                                        
                       Therefore, the Examiner is of the opinion that the combined prior art reasonably                               
                       suggests to one of ordinary skill in this art the need to monitor, store and test point                        
                       of sale attributes that relate to the performance of the system as error prone or                              
                       faulty systems can lead to,                                                                                    
                               delays in the acquisition of requested data may materially and                                         
                               detrimentally impact or even prove critical to a business operation                                    
                               because of the need for and emphasis on the continuity and speedy                                      
                               real time retrieval of information. (Bass, column 1, lines 53-57).                                     
               In Paper No. 17, the examiner noted, with regard to Bass, that adverse effects of delays in the                        
               acquisition of requested data provides impetus for maximizing data communication systems                               
               reliability.  Also in that paper, on page 6, the examiner states the following about Bass:                             
                       Bass also details the advent of, “. . . remote test systems [that] have been                                   
                       developed for testing data communications systems from a central location. . .”                                
                       (column 3, lines 3-5), “network troubleshooting methods” as well as the                                        
                       establishment of “various test modes” in order to improve system efficiency                                    
                       (column 3, lines 40-47).  The system of Bass utilizes these “tests” to measure                                 
                       parameters affecting audio and digital performance (column 6, lines 48-55;                                     
                       column 7, lines 42-65).  Overall, Bass offers a preventive maintenance program                                 
                       that provides communication network testing, reconfiguration, diagnostics and                                  
                       problem resolution in order to promote system liability, capital equipment                                     
                       optimization and customer satisfaction (column 13, lines 4-14).                                                
               None of the items identified by the examiner about Bass necessarily has anything to do with the                        
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