Ex Parte Hind et al - Page 4

             Appeal 2007-2593                                                                                   
             Application 09/859,359                                                                             

        1        Sloane                                                                                         
        2           03. Sloane is directed toward providing consumers with discount and                         
        3              other promotional information at the point-of-purchase. Upon entering a                  
        4              retail establishment, the consumer swipes an identification card at the                  
        5              central scanner station and once the consumer is identified, retrieves a                 
        6              portable bar code scanner from a central scanner station. The portable                   
        7              bar code scanner is a self-powered device that is capable of wireless                    
        8              transmission and receiving of data and is in communication with the                      
        9              retailer's computer/controller via the wireless medium at all times                      
        10             (Sloane 2:53 – 3:4).                                                                     
        11          04. As the consumer is shopping through the store and browsing products,                    
        12             the consumer can scan the UPC bar codes (or scan a shelf label having                    
        13             the product UPC bar code) for the products they are interested in                        
        14             purchasing and place them in their shopping cart. As the consumer scans                  
        15             the product bar code, either on the product or the shelf, the portable bar               
        16             code scanner will identify the product and price, will maintain a running                
        17             total for purchases, and will alert the consumer when a scanned product                  
        18             is currently being offered with some kind of promotion (e.g., buy 2 and                  
        19             receive 50¢ off). The consumer will then be given the option to accept or                
        20             reject the product and/or promotion. The portable scanner will also alert                
        21             the consumer of a product promotion for a competitive product or a                       
        22             related product to the consumer scanned product. The consumer will                       
        23             then have the option to reject the scanned product and then find the                     
        24             promoted competitive or related product. These promotion messages                        
        25             sent to the consumer as a result of scanning a product can possibly                      

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