Appeal 2007-0025 Page 23
Application 09/792,151
settlement of accounts for said product or service” (Answer 11).
3. The Examiner relied on Angles to show as known
varying rates for advertisements according to advertisement success (col
20, lines 30-34), settling accounts according to the success of advertisements
intended to incite purchase (col 20, lines 17-37; col 20, lines 55-64), and that
the advertisements are intended to incite purchase from a user (col 2, lines
29-42). Angles further discloses confirming the advertising information
recorded on said external medium is advertising for a product that is handled
at this online store, and reflecting this in the settlement of accounts for said
product or service (col 2, lines 30-35; col 20, lines 20-37).
(Answer 11).
4. Appellants argued that
… the hypothetically combined references also fail to teach
"confirming that the advertising information recorded on said external
medium is for advertising a product or service that is handled at this store;
and reflecting a bonus in the settlement of the account for said product or
service", as recited in Claim 3 and similarly recited in Claim 11.
Appellants respectfully submit that the Examiner's rejection is without
merit and fails to address the claim limitation as recited. Specifically, the
Examiner avers that Angles discloses varying rates for advertisements
according to advertising success, See page 10, yet the limitation recited is
regarding confirming that the advertising information recorded is for the
product or service that is handled at the store. The identified sections in
Angles discuss success of the advertisement based upon viewing of the
advertisement and requests for additional advertising information. Angles
does not mention products or services purchased or products or services for
a particular store. Accordingly, Appellants submit that the references fail to
teach, suggest, or render obvious this limitation as recited in Claims 3 and
11. [Emphasis added.]
(Appeal Br. 20).
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