Ex Parte HAILPERN et al - Page 4




            Appeal No. 2004-1176                                                         Page 4              
            Application No. 09/232,751                                                                       


            Williams’ system permits advertisers to target coupon distribution and associated                
            advertisements in a manner that reduces advertising costs and reduces junk mail.                 
                   With respect to claim 1, the examiner determined that Williams fails to                   
            “specifically disclose monitoring the changes of active customers in a geographical area         
            in which customers are to receive promotions and updating the changes of the active              
            customers” (answer, page 3) and fails to “specifically disclose tracking data                    
            corresponding to changes in operating environment for the plurality of goods and                 
            determining which of the plurality of goods are to be promoted based on the changes in           
            operating environment and selecting one or more of the plurality of target groups based          
            upon changes in the operating environment” (answer, page 4).  The examiner relies on             
            the teachings of Tso for a suggestion to modify Williams so as to provide the former             
            and on the teachings of Teicher for a suggestion to provide the latter.                          
                   Teicher discloses a sales promotion data processor system that takes into                 
            account a variety of predetermined criteria, such as sales volume of particular products,        
            traffic volume in the outlet, current inventory status and category of purchaser, as             
            identified by a portable unit carried by the respective purchaser, for example, to adjust        
            prices dynamically and automatically.  Teicher specifically teaches that                         
                         [s]ales promotion is a well-known retail technique for                              
                         increasing revenues, attracting customers, encouraging                              
                         purchase at certain hours, accelerating the sales of                                
                         manufacture-promoted products, reducing the inventory of                            
                         rapidly-ageing or slow-selling products, and the like [column                       
                         1, lines 16-20].                                                                    







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