Ex Parte Barnett et al - Page 8




             Appeal No. 2005-2686                                                                                    
             Application No. 09/879,823                                                                              




                    The examiner responds that Von Kohorn discloses that the user enters                             
             information regarding items for which there is an interest in a future purchase at a sale               
             or discounted price, and the dispenser alerts the user when the item is on sale or being                
             offered at a discounted price.  The examiner also notes that Von Kohorn stores user                     
             coupon selection information on the user device and that such coupon selections                         
             represent user desires.  The examiner also responds that Von Kohorn discloses                           
             targeting  an audience based on preferences as well as determining a subset of users                    
             based on preferences.  Finally, the examiner responds that Von Kohorn discloses using                   
             a coupon a predetermined number of times wherein the predetermined number is one                        
             [answer,                                                                                                
             pages 12-22].                                                                                           
                    Appellants respond that none of the portions of Von Kohorn cited by the                          
             examiner show determining a target audience based on stored preferences.  Appellants                    
             note that the consumer in Von Kohorn is not targeted, but instead, receives a listing of                
             all coupons and discounts.  Appellants note that viewing a broadcast program in Kohorn                  
             is not storing a user preference as claimed.  Finally, appellants argue that Von Kohorn                 
             does not disclose                                                                                       





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