Ex Parte Jasinschi et al - Page 7

               Appeal 2007-1699                                                                            
               Application 10/165,904                                                                      

               from a plurality of augmented content information (FF 2, 3, 5; Reply Br. 2-                 
               3).                                                                                         
                      The Examiner cites pages 5-6 of Schaffer as allegedly teaching                       
               “analyzing user queries and determining a degree to which the user queried                  
               for additional content information.”  This section describes in general terms               
               how Schaffer creates a “customized piece of enhanced data content,” which                   
               is additional information associated with a media selection accessed by a                   
               user, by evaluating “nodes” of information and choosing the best one (FF 6).                
               Schaffer, however, contains no teaching that user queries are analyzed as a                 
               basis for choosing the best node.  The Examiner argues that because                         
               “‘choosing’ inherently requires analysis of the data,” Schaffer’s disclosure                
               of choosing between potential nodes of enhanced content corresponds to                      
               “analyzing user queries” (Answer 11).  Schaffer’s analysis here, however,                   
               amounts to analysis of the (preset) user history of accessed media selections               
               in order to select enhanced content to present to a user, not an analysis of                
               user queries for said enhanced content. Schaffer thus fails to teach this claim             
               limitation.                                                                                 
                      The Examiner cites page 6, lines 1-5 of Schaffer as allegedly meeting                
               the limitation of “inferring values about the user from the user queries for                
               additional content.”  This is the same section relied upon the Examiner                     
               supra, concerned with evaluating nodes and choosing the “best.”  Schaffer                   
               contains no teaching of inferring values about a user, and the Examiner has                 
               no rebuttal to Appellants’ challenge of this citation in the Brief.                         
                      The Examiner cites page 6, lines 1-9 of Schaffer in an attempt to meet               
               the limitation of “determining inferences about the user’s interests and                    


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