Ex Parte VOIT et al - Page 4




                Appeal No. 2002-1486                                                                                                    
                Application 08/931,480                                                                                                  

                Elliot reference, it is our view that the examiner’s assertion does not have an adequate basis in                       
                the record.  The examiner has not shown that Elliot discloses allowing user access, upon request,                       
                to real time usage data maintained in the system for or in connection with an account.                                  
                        The examiner cites to the following portions of the Elliott reference:                                          
                                            Column 65, lines 56, to Column 66, line 14                                                  
                                                      Column 203, lines 60-67                                                           
                                                       Column 65, lines 28-63                                                           
                        According to the examiner, in column 65, lines 28-63, Elliott discloses updating the user                       
                profile in real time.  However, it has not been explained why updating a user’s profile should be                       
                regarded the same as allowing access, upon user request, to real time usage data maintained in                          
                the system.  It is not apparent why that would be so.  Moreover, it has not even been shown that                        
                a user’s profile includes the real time usage data for that user.  Even assuming that it does, the                      
                question still remains unanswered why updating a profile is the same as providing user access to                        
                that real time usage data upon request.                                                                                 
                        According to the examiner, a record of real time usages is maintained in the system, as is                      
                shown in column 203, lines 60-67.  But the claim feature at issue is not simply that the system                         
                maintains a record of users’ real time usage data.  Rather, it is that access to such real time usage                   
                data is provided to the user or user terminal, upon request, within the specific environment                            
                defined by each claim.  The mere fact that the system maintains real time usage data is not                             
                sufficient to meet the claim limitation at issue.                                                                       


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