Appeal No. 2003-1581
Application 09/425,748
of trend analysis.” The examiner asserts that trend analysis is
an integral functionality of optimizing a call-waiting queue
system [answer, pages 5-15 with correct pagination].
Appellant responds that patterns are not trends and that
trend identification does not include pattern analysis.
Appellant repeats his basic position that identifying a trend is
not disclosed in Shtivelman and is not an inherent requirement in
Shtivelman [reply brief].
We will not sustain the examiner’s rejection of claims
1-20. We agree with appellant that there is no disclosure in
Shtivelman of identifying a trend in response to measured queue
waiting periods and providing a status responsive to the trend.
Shtivelman essentially monitors the amount of time that previous
callers have spent in a queue and estimates the time a present
caller will have to wait in the queue by averaging the wait times
for the previous callers. That this historical average is not
the same as identifying a trend can be shown by the following
example. Suppose the historical waiting period in Shtivelman is
two minutes, three minutes and four minutes in that order. The
Shtivelman system would indicate to the user that a waiting time
of three minutes (the average) should be expected. If the
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