Appeal 2007-1775
Application 09/749,106
shown in the “Account Information” block on the right side of Figure 12A
(Answer 11).
As further pointed out by the Examiner, Pallakoff’s system notifies
the current buying group members that they should tell their friends and
family about the offer in order to get more buyers to join the buying group
(Answer 9). Specifically, the Examiner points to Pallakoff, at column 10,
lines 43-50, where Pallakoff’s system sends a message stating: “We need 5
more people to join the Buying Team in order to get the Soccer Balls for
only $10 each. Tell your friends!” (Answer 9). Thus, the Examiner finds
Pallakoff teaches the feature of a discounted price (e.g., $10 each) according
to a threshold number of buyers (e.g., the current number of buyers in the
buying team plus five) (Answer 9-10). The Examiner also relies on the
following passage in Pallakoff:
In still other embodiments of this invention, sellers could
specify different types of thresholds. For example, sellers could
offer a special price if enough people agree to purchase exactly
500 units (in aggregate) of a given item (e.g. because the seller
has exactly 500 units to sell). Or they could offer a special price
if potential buyers agree to purchase at least 500 units (in
aggregate) if the deal goes through (e.g. because the seller has
more than 500 units available for sale).
Pallakoff, col. 11, ll. 16-24. (Answer 4, 10.)
The Examiner contends the claims do not require that each subscriber
belonging to the subscriber group may elect to purchase the program
because of the alternative language “or” as used in the claim [e.g., wherein
each subscriber may elect to purchase or not purchase the program or
programming event] (Answer 10).
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