Ex Parte Mello et al - Page 20

              Appeal 2007-2240                                                                                           
              Application 09/818,016                                                                                     

         1    intentions of Lesaint, which assumes that once an appropriate individual “reports                          
         2    in,” or “calls in,” that individual will be assigned the task in question.  But                            
         3    Bergeron illustrates the flaw in Lesaint in that personnel may not be in a position to                     
         4    accept a job, as well as the solution to that flaw in interrogating as to acceptance                       
         5    (FF 09).  After illustrating this flaw, Bergeron presents the solution in simply                           
         6    asking the personnel to accept the assignment.                                                             
         7        The Appellants have separately argued claim 4, arguing that neither reference                          
         8    updates a task status responsive to information from a tracking device.  As the                            
         9    Examiner found, Lesaint’s handheld devices (Lesaint, Fig. 1) are used to track                             
        10    status (FF 03).                                                                                            
        11        Thus, we cannot say that the Examiner erred in the rejection of claims 1-8 and                         
        12    10 over Lesaint and Bergeron.                                                                              
        13                                                                                                               
        14        Claims 12-16, 18, and 20 rejected under 35 U.S.C. § 103(a) as obvious over                             
        15                                              Lesaint.                                                         
        16        As to claims 12 and 20, which recite the claim limitation that “the                                    
        17    communication module automatically generates billing information regarding a                               
        18    task completed by the mechanic” (claim 12), and “automatically generating billing                          
        19    information regarding a task completed by the mechanic” (claim 20), the Examiner                           
        20    takes notice of the commercial nature of the services provided in Lesaint, which                           
        21    implies charging the client, which in turn requires billing.  The Examiner                                 
        22    concludes that creating a bill promptly is simply good business practice.  (Answer                         
        23    16.)  Thus, rather than the Examiner having found the suggestion for billing in the                        
        24    Appellants’ teachings, as the Appellants argue, the Examiner simply took notice of                         
        25    the commercial nature of Lesaint’s services.                                                               
                                                           20                                                            


Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: September 9, 2013