Appeal No. 2006-1589
Application No. 10/082,912
GROUP I, claims 1, 5, and 9
We consider first the examiner’s rejection of claims 1, 5, and 9 that stand rejected under
35 U.S.C. § 102(e) as being anticipated by Kiel. Group I includes independent claims 1, 5, and
9. Because independent claim 1 is the broadest claim, we will select independent claim 1 as the
representative claim for this rejection. See 37 C.F.R. §41.37(c)(1)(vii)(2004).
I. Appellants argue that Kiel does not disclose ‘“transmitting the data encoding the
purchased calling time from the portable networking device to an onboard system,”’ as claimed
[brief, page 12, reply brief, page 5].
In response, the examiner argues that Kiel discloses purchasing and replenishing wireless
network calling time (¶0001), comprising: purchasing wireless network calling time through a
Web site (¶0037), saving data encoding the purchased calling time from the Web site to a
portable networking device (i.e., activity monitoring unit, ¶¶0009, 0025, and 0034), and
transmitting the data encoding the purchased calling time from the portable networking device to
an onboard system (i.e., client communication device, ¶¶0013 and 0036) [answer, page 4].
We note that Kiel discloses the bidirectional transmission of credit data between an
activity-monitoring server utility and an activity monitoring unit [¶0027]. Kiel discloses that
activity monitoring unit 116 monitors incoming and outgoing [user] communications [¶0034].
Kiel further discloses that the user’s credit data is updated continuously when communication
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