Ex Parte HallmanDownload PDFBoard of Patent Appeals and InterferencesMay 18, 201110324099 (B.P.A.I. May. 18, 2011) Copy Citation UNITED STATES PATENT AND TRADEMARKOFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 10/324,099 12/20/2002 Paul Hallman FAN-0002 7275 38680 7590 05/18/2011 RADER, FISHMAN & GRAUER, PLLC (FAN MATTERS) LION BUILDING 1233 20TH STREET., N.W., SUITE 501 WASHINGTON, DC 20036 EXAMINER MALHOTRA, SANJEEV ART UNIT PAPER NUMBER 3667 MAIL DATE DELIVERY MODE 05/18/2011 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte PAUL HALLMAN ____________ Appeal 2010-004178 Application 10/324,099 Technology Center 3600 ____________ Before, HUBERT C. LORIN, ANTON W. FETTING and JOSEPH A. FISCHETTI, Administrative Patent Judges. FISCHETTI, Administrative Patent Judge. DECISION ON APPEAL Appeal 2010-004178 Application 10/324,099 2 STATEMENT OF THE CASE Appellant seeks our review under 35 U.S.C. § 134 of the Examiner’s final rejection of claims 1, 3-6, 8-11, 13 and 15-19. We have jurisdiction under 35 U.S.C. § 6(b) (2002). A hearing was held on May 5, 2010. Claim 1, reproduced below, is representative of the subject matter on appeal. 1. A system for depicting geographic and demographic information relating to mortgage lending activities, the system comprising: a database that stores information including demographic, economic, and mortgage lending information used in mortgage lending activities from a plurality of public and private sources; a user interface, which is configured to receive from a user identifications of geographical regions, present to the user information in the database for identified geographical regions, receive from the user selections from a list of options that are used to filter the information from the database for the identified geographical regions, and present visual representations corresponding to the received information; a mapping application, in operative communication with the database and the user interface, which uses the information in the database and information entered by the user to generate the visual representations, wherein the visual representations include depictions of demographic, economic and mortgage lending information relating to mortgage lending activity, wherein the mapping application receives the information received from the user from the list of options to filter the information retrieved from the database, and wherein the mapping application customizes the generated depictions of demographic, economic and mortgage lending information for selected geographic regions for use by a mortgage market participant in understanding mortgage lending activity for a geographic area that comprises the selected geographic regions. Appeal 2010-004178 Application 10/324,099 3 The Examiner relies upon the following as evidence of unpatentability: Dykstra US 5,611,052 Mar. 11, 1997 Shaffer US 6,748,426 B1 Jun. 2004 TIGER/Line (TM) Files, 1992 Developed by the Bureau of the Census Washington: The Bureau [producer and distributor],1993. The Examiner rejected claims 1, 3-6, 8-11, 13 and 15-19 under 35 U.S.C. § 103(a) as being unpatentable over Schaffer in view of Dykstra. ANALYSIS Each of independent claims 1 and 13 require: presenting to the user a list of options for filtering the mortgage lending activity information that corresponds to the identified geographical areas and receiving from the user selections from the list of options…. The Examiner found that Shaffer discloses this feature, inter alia, at col. 8, ll. 23-35 (Appeal Br. 8). Shaffer discloses at this section: One other embodiment of the invention is a system for providing information directly to consumers based on an identifier transmitted from the consumer to the information system. For example, a consumer connected to the Internet may be in the Appeal 2010-004178 Application 10/324,099 4 middle of typing a letter to a friend in a word processing program. However, the consumer might only know the telephone number, but not address of the friend. One embodiment is a software application that runs as an applet within a word processing program, such as Microsoft Word, for determining a street address associated with a LKIPV, such as a telephone number. The consumer enters the telephone number of his friend then selects a "lookup" option within the software program. We do not find that typing a phone number within the context of a letter which leads to an address of the addressee being automatically looked up constitutes presenting to the user a list of options for filtering because the inputted telephone number results in only one type of information being returned to the user without option, namely, the return of only address information corresponding to the inputted number. Any discussion in Shaffer of “options” goes to a functional option, e.g., lookup, as opposed to a selection of different content information. For the same reason, we do not find with the Examiner (Appeal Br. 7) that Shaffer’s “Linkage Key” presents to the user a list of options for filtering. Nor, has the Examiner cogently explained how a person with ordinary skill in the art would understand presenting to the user a list of options for filtering would be an obvious modification to Shaffer. Accordingly, we will not sustain the rejection of independent claims 1 and 13. Since claims 3-6, 8-11, and 15-19 depend from claims 1 and 13, and since we cannot sustain the rejection of Appeal 2010-004178 Application 10/324,099 5 claims 1 and 13, the rejection of claims 3-6, 8-11, and 15-19 likewise cannot be sustained. CONCLUSIONS OF LAW We conclude the Examiner erred in rejecting claims 1, 3-6, 8-11, 13 and 15-19 under 35 U.S.C. § 103(a) as being unpatentable over Schaffer in view of Dykstra. DECISION The decision of the Examiner to reject claims 1, 3-6, 8-11, 13 and 15-19 is reversed. REVERSED. MP Copy with citationCopy as parenthetical citation