Ex Parte Barnett et al - Page 9




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


             monitoring the redemption of coupons such that each coupon may be used a                                
             predetermined number of times [reply brief, pages 6-11].                                                
                    We will sustain the examiner’s rejection of independent claims 47, 52, 57, 61 and                
             62.  Although the examiner may not have cited the best passages of Von Kohorn in                        
             support of the rejection, we agree with the examiner that the entirety of the Von Kohorn                
             disclosure provides the evidence necessary to support the examiner’s rejection.                         
             Specifically, we note that one of the many embodiments disclosed by Von Kohorn is an                    
             embodiment in which a user can select a product area of interest and, subsequently,                     
             receive an award in the form of a coupon allowing him to purchase a product in the area                 
             of interest [column 98, lines 41-44].  This embodiment suggests that the total audience                 
             is targeted into subsets based on the selection of a product area of interest made by the               
             user.  Thus, not only is a target audience for a given coupon determined, but the                       
             targeting is based on a selection made by the user which would be stored on the user’s                  
             device.  Note that these coupons are only sent to the targeted user which results in a                  
             higher rate of redemption of the coupons [id., lines 60-64].  With respect to the recitation            
             that each coupon may be used a predetermined number of times, we agree                                  


             with the examiner that Von Kohorn clearly teaches that each coupon may be used only                     
             one time, such that the predetermined number is one.                                                    
             With respect to dependent claims 48, 49, 53, 54, 58, and 59,  appellants simply                         

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