Ex Parte LeungDownload PDFBoard of Patent Appeals and InterferencesMar 26, 201211156097 (B.P.A.I. Mar. 26, 2012) Copy Citation 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 Copy with citationCopy as parenthetical citation