Ex Parte Hind et al - Page 10

             Appeal 2007-2593                                                                                   
             Application 09/859,359                                                                             

        1    is thus the adaptation of an old idea or invention . . . using newer technology that is            
        2    commonly available and understood in the art.” Id. at 1162.                                        
        3                                        ANALYSIS                                                       
        4     Claims 1, 4-7, 9-11, 15, 16, 18-21, 23-25, 29, 30, 32-35, 37-46, 48-55, 57-64, and                
        5             66-68 rejected under 35 U.S.C. § 102(b) as anticipated by Sloane.                         
        6        The Appellants argue these claims as a group.                                                  
        7        Accordingly, we select claim 1 as representative of the group.                                 
        8    37 C.F.R. § 41.37(c)(1)(vii) (2006).                                                               
        9        Claim 1 is reproduced below [bracketed matter, including citations to where                    
        10   the Examiner found the recited limitations in Sloane, and some paragraphing                        
        11   added].                                                                                            
        12         1. A method for providing personalized customer services to a user                           
        13         using a wireless communication device associated with the user, the                          
        14         method comprising the steps of:                                                              
        15         [1] establishing wireless communication with the wireless                                    
        16         communication device [(col. 2 lines 67 to col. 3 lines 4 and Figures 12                      
        17         and 13)] which is attached to a shopping cart associated with the user                       
        18         [(col. 4 lines 8-10, col. 9 lines 21-26, and Figure 12)];                                    
        19         [2] automatically receiving preference information of the user from                          
        20         the wireless communication device through the wireless                                       
        21         communication [(col. 3 lines 5-47 and 56-59 and col. 4 lines 27-31)];                        
        22         and                                                                                          
        23         [3] providing,                                                                               
        24                based on the preference information,                                                  
        25                a personalized customer service                                                       
        26                in response to a request of a particular customer service from                        
        27                the user [(col. 3 lines 5-67, col. 4 lines 27-31, col. 6 lines 21-39,                 
        28                and col. 8 lines 13-49)].                                                             

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