Ex Parte Tanaka et al - Page 12



          Appeal No. 2005-2657                                      Page 12           
          Application No. 09/898,497                                                  
               occur in various sequences, or in parallel, as follows                 
               . . . (para 65).                                                       
          (26)                                                                        
               the Wireless Mobile location Data of the Ad Selection                  
               Code is compared to the target locations of the Ad                     
               Target Data 25 to eliminate from further consideration                 
               those advertisements which have a wireless mobile                      
               location requirement that is not satisfied by the Ad                   
               Selection Code (para 66).                                              
          (27)                                                                        
               The multiple-step process of the algorithm of the Call                 
               Routine Generator 27 continues until . . . (para 67).                  
          (28)                                                                        
               No advertisement is acceptable for insertion into the                  
               call on the basis of either the original or the reduced                
               criteria established by the sponsors of the                            
               advertisements. In this instance, the Call Routine                     
               Generator 27 of the Call Management System 20 will                     
               insert a pre-recorded announcement to the subscriber                   
               stating that no sponsored advertisements are                           
               available to subsidize the call (para 71).                             
          (29)                                                                        
               For subscribers who agree to receive one or more                       
               advertisements only at the beginning of a call, the                    
               Call Routine Generator 27 creates a call routine                       
               algorithm providing for a few minutes of subsidy, after                
               which the can is no longer subsidized.  For subscribers                
               who agree to accept interruptions during a call, the                   
               Call Routine Generator 27 creates a call routine                       
               algorithm for managing the can which includes an                       
               appropriate number of advertisements, and identifies                   
               the intervals upon which the advertisements are to be                  
               inserted, such that the entire call may be subsidized                  
               (para 72).                                                             
               From the disclosure (paragraph 24) that messages (ads) to be           
          targeted to the user are based on the location of the                       
          subscriber’s cell phone, we find that Owensby targets ads to the            
          subscriber based on the location of the subscriber’s cell phone.            
          We also find from Owensby’s disclosure (paragraph 18) that the Ad           





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