Ex Parte GARDENSWARTZ et al - Page 9




          Appeal No. 2003-0293                                                        
          Application No. 09/472,197                                 Page 9           

               We find that in addition to teaching the providing of                  
          shopping aids and incentives to consumers, via e-mail, based upon           
          a consumer purchase history, Scroggie discloses another                     
          embodiment of the invention where the purchase incentive is                 
          transmitted to the store instead of to the consumer (abstract).             
          In this embodiment, the server 300 transmits the purchase                   
          incentive data to an in-store server 310 in the supermarket                 
          selected by the user 308, which gives the user an appropriate               
          discount automatically when the consumer presents the item for              
          checkout.  The server 300 transmits the image of a token 316 to             
          the user's computer 302, which defines the coupon offer (page               
          19).                                                                        
               From the disclosure of Scroggie that the server transmits              
          the token to the user's computer, we find a suggestion that the             
          user's computer be identified.  In addition, although not brought           
          to our attention by either the examiner or the appellants, we               
          find that Scroggie discloses (page 10) that when first accessing            
          the system of the invention, the consumer encounters a log-in               
          page.  After filling in and submitting an on-screen form, the               
          user is required to enter his Zip code.  The Zip code determines            
          what offers are transmitted to the consumer, based upon the                 
          market areas he resides in.  After the Zip code is found to be              








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