Ex Parte Yanase et al - Page 12



            Appeal 2007-0025                                                     Page 12                     
            Application 09/792,151                                                                           

                         to speed processing by the POS terminal 116 (col 17, lines 41-49);                  
                                (14) Alternatively, information on rebates may not be stored on              
                         the chip card, but rather may be stored either at the point-of-sale or on           
                         the communication and processing network. At the time of purchase,                  
                         the ASPs stored on the chip card would be compared with rebate                      
                         information available either at the POS or on the communication and                 
                         processing network, and the appropriate rebate amounts determined                   
                         and loaded onto the chip card electronic purse (col 18, lines 20-27);               
                                (15) Other embodiments may have the BASE_REBATE 158                          
                         field of the INCENTIVE RECORD 163 stored on the POS terminal                        
                         116 or on the communication and processing network while still                      
                         maintaining the other portions of the INCENTIVE_RECORD 163 on                       
                         the chip card. In this way, merchants and others can dynamically                    
                         adjust and control the incentive program while still allowing for                   
                         Loyalty Rebating using the remaining data available in the ASPs                     
                         INCENTIVE_RECORD 163" (col 18, lines 27-36).                                        
            (Answer 23-25.)(Examiner’s emphasis.)                                                            
            3.     Appellants disagree.                                                                      
                         Appellants further submit that the references fail to teach the                     
                   limitation of settling, based on the stored advertising information, a                    
                   transaction or consumer account at a store based on the stored advertising                
                   information by the consumer bringing said external medium from a location                 
                   of the terminal device to a store, as required by independent claims of                   
                   Appellants' claimed invention.                                                            
                         ….                                                                                  
                         Freeman similarly teaches paying a customer via a rebate program.                   
                         ….                                                                                  
                         Freeman differs from the claimed invention in that the rebate is not                
                   applied to a present transaction, but rather stored as electronic money on the            
                   chip card for later use. "Rather than giving a discount at the point of sale, a           
                   rebate in the form of electronic money is stored in chip card memory." See                
                   Abstract.                                                                                 





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