Ex Parte Rogers et al - Page 4

                Appeal 2006-3074                                                                               
                Application 10/035,464                                                                         

                Bluetooth is merely an example of a wireless system that can be used, and                      
                that “any wireless LAN that fulfils [certain] . . . requirements may be used                   
                by the invention.”  Specifically, the terminals should be able to establish                    
                (with a delay of at most a few seconds) a connection, which may carry                          
                protocols involved in a session.                                                               
                      Appellants further contend (Br. 18-20) that Cory’s continuous                            
                transmission of data differs from the claimed invention of transmitting a                      
                bogus message in response to conditions sensed by a parameter regulator at                     
                the host computer.  Also, Appellants contend (Br. 20-22) that although                         
                Munger discloses monitoring communication traffic and adding dummy data                        
                to communications from a terminal based on the detected traffic, the                           
                monitoring occurs at the terminal from which the dummy data is sent, not at                    
                the host computer.  Accordingly, Appellants contend (Br. 20) that any                          
                combination of Nordenstam, Cory, and Munger fails to teach or suggest the                      
                claimed parameter regulator at the host computer.  Thus, the first issue is                    
                whether monitoring a communication parameter at the store host computer                        
                and sending dummy data from a terminal to the store host computer in                           
                response to the measured parameter is taught or suggested by the                               
                combination of Nordenstam, Cory, and Munger.                                                   
                      There is no dispute that Nordenstam discloses a store host computer, a                   
                wireless network, and wireless terminals in a store in communication with                      
                the store host computer.  Further, Appellants have not argued the                              
                obviousness of including traffic monitoring and dummy messages in the                          
                system of Nordenstam to defeat traffic analysis.  Munger teaches (Munger,                      
                col. 4, ll. 35-42, and col. 10, ll. 14-21) adding decoy or dummy data to a                     
                communication stream during low traffic periods to prevent traffic analyzers                   

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