Appeal No. 2005-2468
Application No. 09/943,941
various incentives stored and transmitted to the user of the scanner in Sloane. Sloane
discloses various embodiments including an initial disclosure of incentives depending on
the consumer’s history. (See Sloane at column 9 and Figure 10.) Sloane discloses
various embodiments including transmission of additional promotional messages to the
consumer based upon the product bar code information just received, messages that a
competitive product of other products in the same product category as the scanned
product, or a message that a discount is offered if a certain quantity of that product is
purchased or a message that a discount is offered on a complimentary or related
product. Moreover Sloane also discloses that the consumer may receive an immediate
discount, or electronic credits or other promotional discounts that can be redeemed in
subsequent visits to the store. (See Sloane at column 8 and Figures 8(a)-(c) and 9.)
While we agree with appellant that Sloane is related to the incentive awards generally
related to a specific product being scanned, we find that the instant claim language is
broad enough to read on the determination and transmission taught by Sloane.
Therefore, we do not find the argument persuasive.
Appellant argues that the determining step is not taught by Harms. (Brief at page
6.) We agree with appellant, but find that the examiner relies upon the teachings of
Sloane for the determining and relies upon the teachings of Harms for the loyalty
points and awards at a particular plateau. (Answer at pages 3-4.) We find that Sloane
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