Appeal No. 2005-2657 Page 14
Application No. 09/898,497
phone, the system will be aware of the locations(s) where ads are
available and the location(s) where ads are not available for
insertion before or during a subscriber’s cell phone calls. If
the subscriber is in a location where no call subsidy and ads are
available, a subscriber can choose to make the call without a
subsidy, or travel to an area where a subsidy is available.
Thus, we find that the system of Owensby, when dealing with
subscribers who are willing to accept ads before and/or during a
call, will determine whether the location of the cell phone (MU)
is inside or outside a predetermined subsidized zone. If within
a zone or calling area where ads (and subsidy) are available, the
subscriber will receive the ads and subsidy, the amount of which
is determined by the ads available and whether the subscriber
will accept ads during a call in addition to before a call. If
outside an area where ads (and subsidy) are available, the
subscriber will not receive ads (or a subsidy) for the call. If
the subscriber’s cell phone is in a location where a subsidy is
available, the call is billed at a predetermined billing rate.
If the subscriber’s cell phone is in a location where no subsidy
is available, the subscriber is billed at a second predetermined
(non-subsidized) billing rate. From all of the above, we agree
with the examiner that the disclosure of Owensby meets the
limitations of claim 1.
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