Ex Parte Kammer - Page 5


               Appeal 2007-2355                                                                             
               Application 10/006,952                                                                       

               39-44). Thus, Appellant concludes that Bork is primarily concerned with                      
               providing specific distance and direction information to a user (App. Br. 14).               
                      In contrast, Appellant notes that Hendrey’s connections are initiated                 
               between two or more mobile telecommunications users based on predefined                      
               criteria without providing specific distance or direction information to the                 
               user (See Hendrey, col. 5, ll. 21-25; see also col. 7, ll. 9-12).  Appellant                 
               notes that Hendrey’s user merely provides the predefined criteria used to                    
               identify callees with whom a connection is then automatically initiated.                     
               Thus, Appellant contends that Hendrey’s approach is a substantial change in                  
               operation from Bork’s system, where specific distance and direction                          
               information is provided to a user.  Appellant contends that applying the                     
               concepts of Hendrey to Bork’s device would eliminate displaying the                          
               desired direction and distance information which is a central feature of Bork.               
               Thus, Appellant concludes the Examiner has failed to establish a prima facie                 
               case of obviousness (App. Br. 14-15).                                                        
                      The Examiner disagrees (Ans. 22).  The Examiner notes that Hendrey                    
               specifically teaches the use of global positioning systems, time difference of               
               arrival (TDOA), and angle of arrival (AOA) for determining the location of                   
               telecommunication users (See Hendrey, col. 5, ll. 26-41). The Examiner                       
               further notes that Hendrey teaches notions of distance, as follows:                          
                      notions of distance are in particular intended to encompass not                       
                      only literal distance measure, but additionally any and all                           
                      measures conducive to identifying a set of users who would                            
                                                                                                           
               person of ordinary skill in the art would employ.”  KSR, 127 S. Ct. at 1741                  
               (quoting In re Kahn, 441 F.3d at 988).                                                       

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