Appeal 2007-0025 Page 19
Application 09/792,151
medium from a location of the terminal device to a store for the advertised
product or service, a second terminal device located in the store reading the
advertising information from said external medium, sending via a
communication line the advertising information that is read to said broadcast
server, carrying out an advertising survey, and thereby providing
information about the effectiveness of the advertising.
A. Issue
The issue is whether Appellants have shown error in the rejection of claim 5
on the ground that Dedrick, Angles, and Freeman do not to disclose all the claimed
limitations.
B. Findings of Fact
We incorporate herein the facts set forth in the Facts section for the rejection
of claims 2, 7-9, 15, and 16 above and add the following facts, all of which the
record supports by a preponderance of the evidence.
1. Appellants argue that “the Examiner is misinterpreting the phrase,
‘advertising survey’” (Appeal Br. 18).
The Examiner interprets the "advertising survey" as being a
questionnaire to the customer where the customer provides answers using an
interactive interface. In stark contrast, the claimed invention does not require
any affirmative action by the customer to answer the questionnaire.
Specifically, in a disclosed embodiment of the invention, the specification
states:
Due to this structure, the advertising play data is stored on an external
medium such as a memory card, and the consumer can go to the store
when there has been a product or service the consumer wishes to
purchase in the advertisement. In addition, when the accounts for the
advertised product or service are settled, this external recording
medium is read by the terminal in the store, the settlement of accounts
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