Ex Parte Ammicht et al - Page 5

                 Appeal 2007-1066                                                                                      
                 Application 10/170,510                                                                                

                        Further, in view of Patamianos’ disclosure of context tracking using                           
                 AV pairs assembled and stored in tree data structures (§ 2.1), the use of                             
                 prototype trees and application trees (§§ 3 - 3.1), and adjustment of a                               
                 confidence associated with each candidate AV pair based on system intent (§                           
                 4.1), it is not clear how the reference might fail to anticipate the broad terms                      
                 of instant claim 1.1  Appellants’ Specification (¶ 23) cites the reference, but                       
                 is not helpful in providing information as to how the claims might be                                 
                 thought to distinguish over the reference.  The Specification, in fact, at                            
                 paragraph 23 appears to acknowledge the reference as describing an                                    
                 embodiment of the presently claimed system, although the system as                                    
                 claimed is not limited to a travel domain.  On this record, it appears that two                       
                 instant co-inventors are co-authors of the § 102(b) reference.  The instant                           
                 inventors should be in the best position to express how the claims might be                           
                 thought to distinguish over the system as described in the publication.  Even                         
                 if Appellants “do not find” where the reference teaches or suggests that the                          
                 confidence score is adjusted (Reply Br. 3), we do.  The score, which encodes                          
                 the confidence that an attribute has been given an unambiguous value and is                           
                 at least “associated with” each candidate AV pair, is dynamically updated at                          
                 each dialogue turn.  Potamianos § 4.1, 1st ¶.   Moreover, confidence scores                           
                 for each attribute-value pair are also adjusted at each dialogue turn.  Id.                           
                 § 4.1, 3rd ¶.                                                                                         
                        In any event, we are not persuaded that Patamianos fails to teach                              
                 adjusting a confidence based on system intent.  To the extent that the                                
                                                                                                                      
                 1 Potamianos reports at paragraph 5 that in the preliminary system no                                 
                 confidence scores were implemented, which does not negate what the                                    
                 reference teaches as a publication under § 102(b).                                                    
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