Appeal No. 2007-0793
Application No. 09/875,487
1 and of themselves are a method of gathering consumer data that
2 is later used for two purposes; 1. boost revenues and lower
3 costs 2. improving customer service by providing products they
4 need or prefer. Both Thomas and Sandus are directed to
5 gathering data about consumer (market research) in order to
6 provide consumers with products they will buy, therefore
7 Thomas and Sandus do fall into an analogous art description.
8 The examiner further notes that Sandus teaches providing a
9 business model that allows for enhanced customer services
10 features while useing [sic] less intrusive data marketing
11 techniques while keeping customers abreast of products and
12 services. (Pg 3 Para. 27). This suggests to one of ordinary skill
13 in the art a method for manufactures [sic] to gain market
14 information while still allowing merchants to provide access to
15 new products and information
16
17 Thus, the contentions present us with the issue of whether or not one
18 skilled in the art when viewing the disclosures of Thomas and Sandus would
19 be motivated to combine the survey with the electronic shopping cart to
20 order physical products or samples.
21 FINDINGS OF FACT
22 Thomas teaches a system where users are registered to take part in
23 surveys. See abstract and paragraph 0029. Thomas states that one advantage
24 of the surveys being given over the internet is that multimedia displays may
25 be incorporated in to the survey. See paragraph 0010 and 0028. Thomas
26 discusses the surveys being used to gain information on many topics
27 including gaining marketing information. See paragraph 0005. However we
28 find no discussion of provisions for the users to order samples or products of
29 items related to the survey.
30 Sandus teaches a system for online retail. Users are presented with a
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