Ex Parte Huffman - Page 5


                 Appeal No. 2007-0673                                                                                
                 Application No. 09/847,794                                                                          

                        Berkson teaches a system for providing incentives to call center                             
                 agents.  See abstract.  The system measures the performance of the call                             
                 center agent against goals.  If the agent meets or exceeds the goals, the agent                     
                 is permitted to play a game or is provided another incentive.  See column 3,                        
                 lines 41 through 55.  Berkson teaches that the assessment of agent meeting                          
                 goals can be determined on a call by call basis or can be assessed on an                            
                 aggregate of calls over a period of time.  See column 9, lines 40 through 47.                       
                 Berkson also teaches that the goals can be changed. See column 9, lines 24                          
                 through 30.  Berkson teaches that the agents are notified if they meet or                           
                 exceed the goal when it is administered on a call by call basis, i.e., the agents                   
                 knows that the performance goal has been met if they are allowed to play the                        
                 game.  However, Berkson is silent as to whether a report of the agents’                             
                 performance toward the goal is provided when the assessment is over a                               
                 period of time. Further, we find no teaching in Berkson that the agents are                         
                 presented with a report of the goals when they log on.                                              
                        Nashner teaches a system for monitoring the physical rehabilitation                          
                 training program for a person. See abstract and column 8, lines 6 through 10.                       
                 The system allows the practitioner, who sets up the training program, to                            
                 remotely access the measuring equipment at the patient’s training site.  Thus,                      
                 the practitioner, from a remote location, can asses the patient’s progress.                         
                 See column 4, lines 61 through 67.  We do not find that Nashner teaches                             
                 displaying to patients, a report of their performance goals or a report of their                    
                 measured performance.                                                                               



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