Appeal No. 2005-1644
Application 09/400,583
wherein the spatial relationships further include
associations of customer paths through the retail space with
product placement within the retail space.
THE REFERENCES
The examiner relies on the following references:
Hughes et al. (Hughes) 5,920,261 July 6, 1999
Toung, Creating A More Productive Retail Machine, Wal-Mart
Stores, Inc. - Company Report, December 1997.
THE DATA GAME: Sophisticated marketing wizards can track
just about everything a consumer does (corporate data-
mining), Maclean's, v. 111, n. 16, p. 14 (August 1998)
(hereinafter the "Data Game").
THE REJECTION
Claims 39, 41-44, 53, and 55-58 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Hughes, Toung, and
the Data Game.
We refer to the final rejection (pages referred to as
"FR__") and the examiner's answer (pages referred to as "EA__")
for a statement of the examiner's rejection, and to the brief
(pages referred to as "Br__") for a statement of appellants'
arguments thereagainst. Familiarity with the rejection and the
arguments is presumed in the discussion below.
DISCUSSION
New ground of rejection under 37 CFR § 41.50(b)
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