Appeal 2007-1308
Application 10/097,398
1 We AFFIRM.
2
3 The Appellants invented a way for conducting a "virtual test market" of a new
4 product offering. The system may provide an integrated tool which allows users to
5 gather, generate, and analyze data needed to launch a new product offering without
6 first conducting a conventional test market (Specification 1). An understanding of
7 the invention can be derived from a reading of exemplary claim 1, which is
8 reproduced below.
9 1. A virtual test market system at least partially computer
10 implemented comprising:
11 a. a virtual launch component, wherein said virtual launch component
12 exposes a plurality of consumers to at least one reference
13 product and a plurality of comparative relevant market
14 products, wherein said virtual launch component additionally
15 exposes at least some of said plurality of consumers to market
16 stimuli at a pre-determined rate, and wherein said virtual launch
17 component is capable of generating data regarding product
18 choice probability,
19 b. a transaction component, wherein said transaction component is
20 capable of generating data regarding product repurchase, and
21 c. a marketing simulation component, said marketing simulation
22 component being implemented on one or more programmable
23 computers, wherein said product choice probability data and
24 said product repurchase data are input into said marketing
25 simulation component, and wherein said marketing component
26 contains an agent based model which utilizes said product
27 choice probability data and said product repurchase data.
28 This appeal arises from the Examiner’s Final Rejection, mailed June 15, 2005.
29 The Appellants filed an Appeal Brief in support of the appeal on November 15,
30 2005, and the Examiner mailed an Examiner’s Answer to the Appeal Brief on
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