Ex Parte Pestoni et al - Page 6

               Appeal 2007-0962                                                                             
               Application 09/928,347                                                                       
                                                                                                           
               merely compares one user’s profile to another user’s profile so that                         
               suggestions are presented to an individual user (Br. 14).                                    
                      The Examiner argues that Noll dynamically allocates bandwidth to                      
               multiple channels as claimed.  In this regard, the Examiner notes that Noll’s                
               “virtual channels” have varying bandwidth requirements depending on                          
               particular types of content allocated to a particular channel.  Therefore, the               
               bandwidth is dynamically allocated to each channel in Noll based on the                      
               content assigned to the channel (Answer 20-21).                                              
                      The Examiner also argues that although Noll collates preferences                      
               from a single user to tailor content delivered via virtual channels, Hosken                  
               teaches tailoring content for a user based on collating preferences of multiple              
               users.  According to the Examiner, modifying Noll with Hosken’s                              
               collaborative approach would, among other things, expand the types of                        
               content that are available to the user (Answer 21-23).                                       
               We will sustain the Examiner’s rejection of independent claim 1.  At                         
               the outset, we agree with the Examiner that Noll discloses essentially every                 
               feature of claim 1 except for receiving user content information preferences                 
               from multiple users.                                                                         
                      Noll’s personalized content delivery system transmits content 122 on                  
               “virtual channels” 124 over a broadband connection to user machine 18                        
               based, at least in part, on user feedback (Noll, ¶ 0039; Fig. 1).  To this end,              
               Noll’s system targets or filters content for users based on user personal                    
               profiles, feedback, or other criteria.  Not only does the user’s personal                    
               profile include descriptive data about the user and the user’s content                       
               preferences, but the user’s profile can be dynamically updated to reflect                    
               changes in the user’s preferences (Noll, ¶ 0063).                                            

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