Ex Parte GARDENSWARTZ et al - Page 17




          Appeal No. 2003-0293                                                        
          Application No. 09/472,197                                Page 17           

               available to one of ordinary skill in the art                          
               to use the observed offline purchase history                           
               of the consumer (said purchase history including                       
               information of a purchase of the consumer collected                    
               at a point of sale when the purchase transpired)                       
               in combination with the other claimed limitations                      
               to provide the desired result of the present invention,                
               which is to automatically deliver targeted advertisements              
               to consumers on the basis of their observed offline                    
               purchase histories.                                                    

          It is additionally argued (reply brief, page 6) that there is no            
          teaching or suggestion that Scroggie fails to provide the ability           
          to deliver information that consumers desire at any time and low            
          cost, because Scroggie discloses delivering incentives through e-           
          mail.  It is further argued that there is no showing that the               
          Csaszar technique for delivering information to the consumer has            
          any advantage over Scroggie.                                                
               Csaszar discloses (col. 3, lines 21-36) an interactive voice           
          responsive (IVR) system that provides targeted advertisements to            
          students when they call the system to obtain their course grades            
          (col. 1, lines 24-26 and 62-65).  Student attributes are provided           
          to the system by the school, and are stored in a database.                  
          Attributes include sex, age, year in school, major course of                
          study, etc. (col. 3, lines 61-64).  The database of consumer                
          attributes is used in determining which advertisements are to be            
          directed to a particular student, as well as the order in which             








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