Appeal 2007-0610
Application 09/766,357
(Kent at Para. 0098, "match the relevant content and advertising, with
a particular subscriber's predetermined desires and preferences"), and
using an optimization model to customize the layout for customers
(Kent at FIG. 5 at 48, Paras. 0077-0082, "optimization program," and
Paras. 0098-0099, "final content of publication is variable").
Answer 4.
2. The Examiner’s characterization of the scope and content of Kent
included a concession that Kent does not disclose using an optimization
model that is one of a transportation model, network model, or generalized
network model.
Although Kent teaches limitations of Appellant's base Claim 1
including using an optimization model to customize a layout, Kent
does not explicitly disclose that the optimization model is one of a
transportation model, network model, or generalized network model.
Answer 4.
3. Appellant agreed with the Examiner that “Kent does not teach or
suggest an optimization model to customize the layout areas for customers,
wherein the optimization model used to customize the layout areas is at least
one of a transportation model, a network model, or a generalized network
model.” Appeal Br. 13.
4. Appellant did not traverse the Examiner’s finding that Kent discloses
the steps of the claimed subject matter directed to (a) developing models to
predict customer purchases; (b) scoring customers for each predictive model;
(c) determining specific layout areas; and (d) determining where a particular
product can be placed in the layout areas; and (e) using an optimizing model
to customize the layout areas for customers. Appeal Br. 12-16.
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