Ex Parte BUSCHE et al - Page 11



            Appeal No. 2005-1644                                                                       
            Application 09/400,583                                                                     
                  of products and also include associations of customer paths                          
                  through the space with product placement.                                            
                        . . .                                                                          
                        The data mining described by Hughes is used for                                
                  measuring and analyzing overall facility performance.  It is                         
                  also used for determining which departments "are performing                          
                  well and which are not with respect to a variety of                                  
                  performance measures.  These measures could include total                            
                  profit, profit per area, and so on."  Column 17, lines 5-13.                         
                  Hughes does not teach, however, generating spatial                                   
                  relationships using data mining techniques where the spatial                         
                  relationships include relative placement of products within                          
                  the retail space and associations of customer paths through                          
                  the retail space with product placement within the retail                            
                  space.  The performance measures are not spatial                                     
                  relationships.                                                                       
                  We do not find where the examiner addresses these arguments                          
            that Hughes does not disclose using data mining to generate                                
            spatial relationships.  The examiner refers to and quotes from                             
            Hughes (EA9-10), but does not address generating spatial                                   
            relationships using data mining.  Hughes mentions "mining" twice,                          
            stating that "[t]he Analyst tool offers users a variety of                                 
            advanced data visualization, decision making, and mining tools                             
            for measuring and analyzing overall facility performance"                                  
            (col. 17, lines 6-8) and "[t]he Analyst tool also offers users a                           
            variety of advanced data visualization, decision making, and                               
            mining tools for measuring and analyzing micro-level data, for                             
            example SKU (stock keeping units), colors, patterns, and styles                            
            and for analyzing overall enterprise performance" (col. 17,                                
            lines 13-17), where "mining" is interpreted to mean "data                                  
            mining."  Hughes does not expressly describe using data mining to                          
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