Ex Parte STACK - Page 5



          Appeal No. 2001-2051                                                         
          Application 08/923,293                                                       
          of a requested item as a positive vote (col. 6, lines 41-42).  A             
          collaborative filtering system acts on the subscriber profiles               
          and predicts which of the available items the subscriber may be              
          interested in and request, and produces a list of those                      
          recommended items for each subscriber (col. 5, lines 12-16).  A              
          number of different collaborative filtering algorithms may be                
          used (col. 9, lines 4-61).                                                   
               Analysis                                                                
               The examiner finds that "Robinson does not expressly                    
          disclose a database containing information pertaining to goods               
          and/or services purchasing history of previous customers, but                
          Payton teaches a database of ratings by previous customers                   
          (column 5, lines 6-10)" (FR2; EA4).  Appellant notes that the                
          final rejection acknowledges that Robinson does not disclose the             
          claimed database of customer purchase history (Br8).  The                    
          examiner responds that although Robinson does not expressly                  
          disclose such a database (EA9):                                              
               Robinson discloses the use of a database pertaining to the              
               goods and/or services of previous users; since the previous             
               users would in many cases have purchased the movies, books,             
               or other goods and services they rated, Robinson's data in              
               fact would pertain to their purchasing history, contrary to             
               Appellant's assertion.  Examiner wishes to note that                    
               "pertain" is a broad word, and that independent claims 1 and            
               7 specify only "information pertaining to goods and/or                  
               services purchasing history," without limitations to                    
               detailed information on which prior users have purchased                
               which goods and/or services.                                            

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