Ex Parte Santos et al - Page 6



                Appeal No. 2006-1817                                                                 Page 6                           
                Application No. 09/851,514                                                                                               

                customer’s habits and/or preferences (a user’s “psychographic profile”) and based                                        
                on the customer’s demographic information.  (Gerace, col. 2, lines 24-34.)  We                                           
                find that it is implicit in the implementation of the system and method of Gerace                                        
                that when the ad sponsor makes purchasing decisions about an advertising package                                         
                (Gerace, col. 12, lines 11-17), the sponsor would need to resolve contradictions                                         
                between its business constraints and business objectives (e.g., the sponsor’s                                            
                objective is to have 1,000 hits and click throughs, but the sponsor’s budget will                                        
                allow the sponsor to purchase the ad package that has only 500 hits and click                                            
                throughs).  We find, however, that Gerace does not teach an automated system for                                         
                detecting and resolving these contradictions to implement a campaign plan.                                               
                        The examiner relies on Harhen for the teaching of an automated system for                                        
                detecting and resolving contradictions.  (Examiner’s Answer, p. 7.)  Harhen relates                                      
                generally to the field of decision support tools and includes an exemplary                                               
                embodiment of such a tool for creating a realistic model of an enterprise to use in                                      
                strategic planning.  (Harhen, col. 1, lines 11-14.)  We find that Harhen discloses                                       
                that the tool has “a wide range of uses outside the domain of strategic planning”                                        
                such as “[w]herever multiple analytical methods can be applied to a system to                                            
                evaluate a component of the system.”  (Harhen, col. 6, lines 63-68.)  We agree with                                      
                the examiner that Harhen’s system automatically detects contradictions between                                           
                business constraints and objectives, and automatically identifies and implements                                         
                resolutions in its strategic planning.  (Examiner’s Answer, p. 7, see also pp. 12-17.)                                   


                                                                                                                                        
                promotion, Gerace also teaches using his system and method for displaying incentive                                      
                promotions. (See Gerace, col. 9, lines 8-12 (system displays promotional travel specials                                 
                advertised in areas of interest to the user based on the user’s profile)).                                               



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