Ex Parte Zimmerman et al - Page 3

              Appeal 2007-1308                                                                                              
              Application 10/097,398                                                                                        

         1    January 30, 2006.  A Reply Brief was filed on March 30, 2006.  The Appellants                                 
         2    presented an oral hearing on May 10, 2007.                                                                    
         3                                            PRIOR ART                                                             
         4        The prior art references of record relied upon by the Examiner in rejecting the                           
         5    appealed claims are:                                                                                          
         6           Zaltman                      US 6,099,319                 Aug. 8, 2000                                
         7           Eldering                     US 6,298,348 B1              Oct.  2, 2001                               
         8                                                                                                                  
         9                                            REJECTION                                                             
        10        Claims 1-12 stand rejected under 35 U.S.C. § 103(a) as obvious over Eldering                              
        11    and Zaltman.                                                                                                  
        12                                                                                                                  
        13                                               ISSUES                                                             
        14        The Examiner found that Eldering showed a virtual test market system with a                               
        15    virtual launch component capable of generating data regarding product choice                                  
        16    probability, a transaction component capable of generating data regarding product                             
        17    repurchase, and a marketing simulation component implemented on one or more                                   
        18    programmable computers.  The Examiner further found the product choice                                        
        19    probability and product repurchase data are input, and the marketing simulation                               
        20    component contains an agent based model using product choice probability and                                  
        21    product repurchase data.  (Answer 4-5).                                                                       
        22        The Examiner found that Eldering does not explicitly disclose that the virtual                            
        23    launch component exposes consumers to a reference product and comparative                                     
        24    relevant market products, nor did it show the virtual launch component                                        
        25    additionally exposing consumers to market stimuli at a pre-determined rate.  The                              

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