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 - 11 -Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007