Appeal 2007-0271 Application 09/750,948 evaluates, or analyzes, each customer profile in order to generate customized recommendations. The Net Perceptions software must be programmed to correlate specific customer profile data with a particular set of recommendations if the recommendations are to be customized for each customer. As a matter of fact, Net Perceptions' "recommendation engine zeroes in on individual preferences by pooling information from current and previous calls, and by drawing upon a database of information on other customers with similar buying patterns" (¶ 4), thereby indicating that patterns of successful sales are gleaned from the patterns of "other customers with similar buying patterns." Clearly, Net Perceptions analyzes customer data to determine one or more patterns. Then, the sales agent may be prompted to enter additional customer information and/or be provided with personalized recommendations for each customer. These instructions and/or output generated by Net Perceptions are not only based on rules, but may also be interpreted as rules generated by Net Perceptions and presented to the sales agent. (Answer 8-9.2) Based on these conflicting positions, the § 102(b) issue before us is, does Net Perceptions disclose "one or more data analysis tools comprising executable instructions to analyze said customer data to determine one or more patterns and generate a set of rules based upon said patterns," as required by claim 1? With respect to the § 103(a) issue, Appellant contends: Neither the Net Perceptions Publication or Andrews, taken singularly or in combination, teaches "one or more data analysis tools comprising executable instructions for analyzing said customer data from said plurality of channels 2 The paragraph numbers correspond to handwritten numbers on the documents in the record. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013