Appeal 2007-2215
Application 09/918,287
1 display on which various menus of items offered for sale by the event venue are
2 presented. Showghi even discloses displaying hierarchical multi-level menus.
3 (Showghi, col.5, ll. 40-48).
4 The Examiner combined the teachings of Showghi with those of Blank and
5 Gluck to meet all the requirements of claim 16. According to the Examiner,
6 because Showghi discloses that a listing of event souvenirs may be presented on
7 the special hand-held device for ordering by patrons, and because Gluck discloses
8 that at an entertainment event images of spectators at their seating locations can
9 constitute a desirable event souvenir, it would have been obvious to one with
10 ordinary skill in the art to add interactive souvenir image selection to the functions
11 supported by Showghi’s special hand-held units.
12 The Applicants argue (Appeal Br. 13, ll. 28-32):
13 There is no disclosure or suggestion that a customer can use such a
14 device to view images of the participants in the entertainment event or
15 of the customer viewing the event, or to select a desired image or
16 images, or to select a desired image product representative of the
17 desired image or images as set forth in claim 16.
18
19 The argument is unpersuasive. The Examiner need only articulate a rational basis
20 why one with ordinary skill in the art would have known to add imaging products
21 or services like those offered in Gluck at a work station to the souvenir offerings
22 provided by the special hand-held devices of Showghi. And he did. The Examiner
23 relied on the souvenir image selection session of Gluck, for implementation on the
24 hand held devices of Showghi. The hand-held devices of Showghi are described in
25 Showghi as being useful for ordering food, drinks and souvenirs and Gluck
26 discloses that images of the patrons at the entertainment event are souvenirs that
27 may be displayed to patrons for selection and purchase.
19
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Last modified: September 9, 2013