Appeal 2007-2241
Application 09/768,990
1 We observe that Appellant’s understanding of the Examiner’s position
2 is rooted in part in a vague statement made in the Final Rejection that has yet
3 to be clarified. The Examiner issued an Office action (mailed May 20,
4 2005) rejecting (a) claims 1-8 under 35 U.S.C. §101 and (b) claim 1-16
5 under 35 U.S.C. §103(a) over Alberts in view of Tso. Appellant filed a
6 response (Sep. 26, 2005) including an amendment to claim 1. The
7 amendment to claim 1 is reproduced below:
8 1. A method of delivering content and time significant advertising
9 from a server to a subscriber comprising the steps of:
10 accepting a subscriber profile including an advertising preference
11 and a time of delivery preference profile;
12 storing said subscriber advertising profile at the server;
13 determining an attribute of and a time significance for an
14 advertisement;
15 recalling at the server said stored subscriber advertising preference
16 profile;
17 comparing said subscriber advertising preference profile to said
18 attribute;
19 determining a current time of the subscriber;
20 comparing said current time to said significance; and
21 including said advertisement with the content at the server when
22 said current time matches said time significance and said subscriber
23 advertising profile matches said attribute ; and
24 delivering the content and said included advertisement from the
25 server to the subscriber when said current time determination matches
26 said time of delivery preference.
27 The Examiner then issued a Final rejection (mailed Oct. 31, 2005) stating:
28 “The amendment filed on 9/26/05 is sufficient to overcome the prior
29 rejection. A new reference [i.e., Batachia] has been added to the 35 USC 103
30 rejection” (p. 2). The Final rejection (p. 2) then restates the grounds of
31 rejection to read that claims 1-6 and 9-13 are rejected under 35 U.S.C.
32 § 103(a) over Alberts in view of Tso in view of Batachia, the rejection now
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