Ex Parte Birkhoelzer et al - Page 4




            Appeal No. 2005-2415                                                         Παγε 4                                   
            Application No. 09/994,309                                                                                            


            bank (specification at page 2).  The apparatus generates a training unit from the stored                              
            training modules in such a way that the dependencies are taken into consideration                                     
            (specification at page 2).                                                                                            
                   In support of this rejection, the examiner finds:                                                              
                   . . . Cook et al discloses a system and method in which an input device is                                     
                   configured to receive an entry from a training participant, a data bank in                                     
                   which a plurality of training modules with and without dependencies upon                                       
                   one another and the dependencies being stored in the data bank also, and                                       
                   a selection device to combine a number of the modules, based upon                                              
                   dependency, into a generated training unit (Col. 5, lines 41-65, Col. 6,                                       
                   lines 1-16) [answer at page 4].                                                                                
                   . . . the Examiner relies upon the teaching in Cook et al that training                                        
                   modules are  presented to a student through the use of a plurality of                                          
                   persona that are on-screen software agents (Col 5, lines 25-33) which                                          
                   have access to instructional modules and are customized to individual                                          
                   student behaviors and preferences such that the on-screen personae                                             
                   select those training modules most relevant to each student based upon                                         
                   the dependencies of preferences stored with the training modules (Col 5,                                       
                   lines 42-53).  Each such training module is composed of data snips                                             
                   created by artists, animators, singers and so forth (Col 5, lines 55-56) to                                    
                   build data modules to be used in the composition of an on-screen agent,                                        
                   and most importantly, that these data snips can consist of complete pre-                                       
                   formatted animated sequences (Col 5, lines 63-65) presenting information                                       
                   to a student. [answer at pages 6 to 7].                                                                        

                   We agree with the appellants that Cook does not describe training modules                                      
            which have dependencies one on each other.                                                                            
                   Cook describes a system for providing instruction by utilizing a customized                                    
            multimedia virtual tutor (col. 1, lines 13 to 17).  The virtual tutor modifies its behavior                           
            and appearance on the basis of a history of the student performance (col. 5, lines 11 to                              
















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