Ex Parte Sansone et al - Page 4


                Appeal 2007-0678                                                                                 
                Application 09/818,792                                                                           
            1          The Examiner contends that the rejection is proper and states on page                     
            2   6 of the Answer:                                                                                 
            3          Smith et al. does include the essential method steps of capturing',                       
            4          transmitting', translating', and notifying to enable a recipient to inform                
            5          a carrier of the manner in which the recipient wants some or all of                       
            6          their mail. Furthermore, the appellant never expressly claims a                           
            7          particular approach (e.g. using the user ID or not requiring the ID) to                   
            8          capture the mail piece to patentably distinguish from the prior art.                      
            9          Accordingly, the difference between the appellant's invention and                         
          10           Smith et al, would be obvious.                                                            
          11                                                                                                     
          12           Thus, the contentions present us with two issues a) is the scope of                       
          13    claim 1 limited to using a particular ID code and if so b) does Smith teach or                   
          14    suggest the claimed ID code.                                                                     
          15                                    FINDINGS OF FACT                                                 
          16           Smith (‘306) teaches a mail tracing and tracking system.  See abstract.                   
          17    A user of the system accesses a web page and is able to see mail or packages                     
          18    that are to be delivered to the user.  The user can also obtain information                      
          19    about the mail or packages.  See figure 3 and paragraph 0010.  The system                        
          20    allows a user to see an image of the mail; the image may be created by                           
          21    scanning the mail by the Post Office.  See figure 6 and paragraph 0038.                          
          22    Smith (‘306) teaches that the additional information displayed to the user is                    
          23    supplied directly from the sender through machine readable code, pre-coded                       
          24    delivery labels, or electronic mailings.  See paragraph 0040.  The system                        
          25    makes use of a database which links user physical address, e-mail, and user                      
          26    ID.  See paragraph 0049. The user ID is used by the system to identify the                       
          27    user and provides access to the system.  See paragraph 0054.  Smith (‘306)                       
          28                                                                                                     

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