Appeal No. 2005-0946
Application No. 09/915,448 Page 5
It can be clearly seen that the device of Gershman
reference is not an interactive self generating device
to which the present invention is directed, but instead
is directed to a general all purpose device that
provides information in response to requests.
Appellants further assert (id.) that "[t]he independent claims of
the present claims also set forth means for independently
obtaining the identity of one or more users." It is additionally
argued (brief, pages 4 and 5) that:
The Gershman reference fails to disclose:
1. providing interactive device;
2. providing self generating interaction with the
user;
3. providing independent means for obtaining the
identity of the user;
4. providing a computer for controlling the operation
of the interactive device in response to the stored
personal profile of the user and at least one aspect of
the local environment.
The examiner's position (answer, pages 3-5) is a general
discussion of Gershman and does not refer to any particular claim
by claim number. Nor does the examiner provide a one-to-one
correspondence for any of the claims. In the remarks, the only
argument answered by the examiner is the argument that Gershman
does not provide "self generating" interaction with one or more
users. The examiner asserts (answer, pages 5 and 6) that the
limitation in question represents the "main thrust" of
appellants' argument. According to the examiner, this limitation
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