Ex Parte Leung

Board of Patent Appeals and Interferences

Mar 26, 2012

11156097 (B.P.A.I. Mar. 26, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
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.
11/156,097 06/17/2005 Kam Lung Leung 4995
7590 03/26/2012
KAM LUNG LEUNG
22681 EAST RIDGE TRAIL DRIVE
AURORA, CO 80016
EXAMINER
CHO, UN C
ART UNIT PAPER NUMBER
2617
MAIL DATE DELIVERY MODE
03/26/2012 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 KAM LUNG LEUNG

Appeal 2010-001411
Application 11/156,097
Technology Center 2600
____________

Before ST. JOHN COURTENAY III, JAMES R. HUGHES, and
ANDREW J. DILLON, Administrative Patent Judges.

PER CURIAM

DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final
rejection of claims 1-9. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.

Appeal 2010-001411
Application 11/156,097

2
Rejection
Claims 1-9 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Stillman (US Pat. Pub. 2003/0179864).1
Representative Claim 1
A method of providing automated personalized alerts using
interactive voice response, the method comprising:

receiving an initiating communication from a user;

interpreting the received initiating communication into digital
data;

accessing account information for the user using the digital
data;

communicating with the user to receive an alert having a
triggering

date and time and an associated action;

creating a storage entry containing the alert in a storage
location;

monitoring the storage location in order to match the triggering
date and time on the alert with a selected date and time;

sending the matched alert to an outgoing communications
module;

interpreting the alert; and

performing the associated action.

1 Based upon Appellant’s arguments, claims 1, 2, and 3 are representative.
See 37 C.F.R. § 41.37(c)(1)(vii).

Appeal 2010-001411
Application 11/156,097

3
Analysis
Based upon our review of the record, we find the preponderance of
the evidence supports the Examiner’s finding that the disputed subject
matter of representative claims 1, 2, and 3 is anticipated by Stillman. (See
Ans. 3-4, 6-10). We agree with and adopt the Examiner’s findings that
Stillman discloses an “alert” that is received by a user. (Stillman para.
[0066]). We also agree with and adopt the Examiner’s findings with respect
to the customer profile database 70. (Stillman para. [0033]).
We note that Appellant did not file a Reply Brief to further address
the Examiner’s responsive arguments. Arguments that Appellant could
have made but chose not to make are considered waived. See 37 C.F.R.
§ 41.37(c)(1)(vii). Accordingly, we sustain the Examiner’s anticipation
rejection of claims 1-9 for the reasons set forth in the Answer. (See Ans. 3-
4, 6-10, which we adopt and incorporate herein by reference).

DECISION
We affirm the Examiner’s rejection of claims 1-9 under 35 U.S.C.
§102(e).
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 41.50(f).
ORDER
AFFIRMED

peb