Ex Parte Mello et al - Page 7

              Appeal 2007-2240                                                                                           
              Application 09/818,016                                                                                     

         1    in,” or “calls in,” that individual will be assigned the task in question.  There is no                    
         2    discussion anywhere within Lesaint about giving an individual the option of                                
         3    accepting or rejecting a task.  The Appellants conclude that Lesaint appears to                            
         4    prefer the arrangement described in that document to enhance the efficiencies of                           
         5    the scheduling algorithm, and that without some benefit extending from a proposed                          
         6    combination (absent Applicant's own teachings regarding making such an                                     
         7    arrangement), there is no motivation and no prima facie case of obviousness.  (Br.                         
         8    7.)                                                                                                        
         9        As to claim 4 in particular, the Appellants contend that there is nothing in                           
        10    either reference or the proposed combination of them that updates a status of a task                       
        11    responsive to information from a tracking device.  The Appellants contend that                             
        12    although the Examiner points to several portions of Lesaint allegedly teaching such                        
        13    an approach, none of those cited portions teach that.  The Appellants admit that the                       
        14    closest is the teaching in column 11 at lines 10-30 but they argue that does not                           
        15    teach that the status information is based upon information from a tracking device.                        
        16    (Br. 8.)                                                                                                   
        17        The Examiner responds that both Bergeron and Lesaint disclose assigning field                          
        18    service workers to sites, based on priority, using remote communications.                                  
        19    Therefore, both applications are in the same field of endeavor. Lesaint further                            
        20    discloses generating an initial schedule and updating the schedule as more and                             
        21    more data becomes available and that the system knows whether the assigned                                 
        22    mechanic has called in and taken on the request or if the request should be assigned                       
        23    elsewhere.  On the other hand, Bergeron discloses allowing the worker to actively                          
        24    accept or reject the assignment. (Answer 14-15.)                                                           



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