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.
`
`10/271,801
`
`ISSUE DATE
`
`03/01/2011
`
`44015
`
`7590
`
`02/09/2011
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`7900229
`
`5266-03800
`
`9386
`
`OPTV/MEYERTONS
`MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C.
`P.O. BOX 398
`AUSTIN, TX 78767-0398
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 947 day(s). Any patent to issue from the above—identified application will
`include an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pair.uspto. gov for additional applicants):
`
`Vincent Dureau, Palo Alto, CA;
`
`IR103 (Rev. 10/09)
`
`Apple 1002 - Page 1
`
`Apple 1002 - Page 1
`
`

`
`
`
`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, V'
`'nia 22313-1450
`www.uspto.go
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`OPTV/MEYERTONS
`MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C.
`P.O. BOX 398
`AUSTIN’ TX 78767-0398
`
`HUYNH’ SON P
`
`2424
`DATE MAILED: 11/02/2010
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Vincent Dureau
`10/15/2002
`10/271,801
`TITLE OF INVENTION: CONVERGENCE OF INTERACTIVE TELEVISION AND WIRELESS TECHNOLOGIES
`
`5266-03800
`
`9386
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`NO
`
`$1510
`
`$300
`
`$0
`
`$1810
`
`02/02/2011
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION E THE MERITS E CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT E EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`If the SMALL ENTITY is shown as NO:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 1 of 3
`
`Apple 1002 — Page 2
`
`Apple 1002 - Page 2
`
`

`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or 1 (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change ofaddress)
`
`44015
`
`7590
`
`ll/O2/2010
`
`MEYERTONS’ HOOD’ KIVLIN’ KOWERT & GOETZEL’ RC‘
`P.O. BOX 398
`AUSTIN, TX 78767-0398
`
`Note: A Certificate 0f_Inai1iI_1 _ can Only be used for domestic mailings Of _the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`Eapers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`C
`F
`fM I
`T
`ransmission
`erti icate o
`ai ing or
`I hereby cerltify that thisfll13ee(fsf) Transmittal isf befing deiposited lwith the Umted
`States Posta Service wi
`su icient postage or
`irst c ass mai
`in an enve ope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(Depositofs name)
`
` (Signature)
`
`(Date)
`
`Vincent Dureau
`10/15/2002
`10/271,801
`TITLE OF INVENTION: CONVERGENCE OF INTERACTIVE TELEVISION AND WIRELESS TECHNOLOGIES
`
`5266-03800
`
`9386
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`NO
`
`$1510
`
`$300
`
`$0
`
`$1810
`
`02/02/2011
`
`HUYNH, SON P
`
`2424
`
`725—046000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`
`3 Chan e of correspondence address (or Change of Correspondence
`Address orm PTO/SB/ 122) attached.
`
`3 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Vumber is required.
`
`
`
`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`2
`
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`3 Payment by credit card. Form PTO-2038 is attached.
`3 The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`J b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`3 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Typed or printed name
`
`Date
`
`Registration No.
`
`This collection of information is required by 37 CFR 1.311. The information is re uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will v
`de endin upon the individual case. Any comments on the amount of time you require to complete
`this form and/or suggestions for reducing this burden, should be sent to
`e C ief In ormation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313- 1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Apple 1002 - Page 3
`
`Apple 1002 - Page 3
`
`

`
`
`
`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.
`
`10/271,801
`
`10/15/2002
`
`Vincent Dureau
`
`5266-03800
`
`9386
`
`OPTV/MEYERTONS
`MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C.
`13.0. BOX 398
`AUSTIN’ TX 78767-0398
`
`HUYNH’ SON P
`
`2424
`DATE MAILED: 11/02/2010
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 947 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 947 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of
`the Office of Patent Publication at
`1—(888)—786—0101
`or
`(571)-272-4200.
`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 3 of 3
`
`Apple 1002 — Page 4
`
`Apple 1002 - Page 4
`
`

`
`Application No.
`
`App|icant(s)
`
`10/271,801
`
`DUREAU, VINCENT
`
`SON P. HUYNH
`
`2424
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL—85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IXI This communication is responsive to 3/6/08 and 6/9/08.
`
`2. IX] The allowed claim(s) is/are 1-32 that have been renumbered as 1-32.
`
`3. El Acknowledgment is made ofa claim forforeign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) I:I All
`b) I:I Some*
`c) I:I None
`of the:
`
`1. I:I Certified copies of the priority documents have been received.
`
`2. I:I Certified copies of the priority documents have been received in Application No. j
`
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO—152) which gives reason(s) why the oath or declaration is deficient.
`
`5. I] CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`(a) I:I including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO—948) attached
`
`1) I:I hereto or 2) I:I to Paper No./Mail Date
`
`(b) I:I including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./Mail Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. I:I DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. I:I Notice of References Cited (PTO—892)
`
`2. I:I Notice of Draftperson's Patent Drawing Review (PTO—948)
`
`3. IX Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`4. I:I Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. I:I Notice of Informal Patent Application
`
`6. I:I Interview Summary (PTO—413),
`Paper No./Mail Date
`.
`7. El Examiner's Amendment/Comment
`
`8. E Examiner's Statement of Reasons for Allowance
`
`9. I:I Other
`
`.
`
`/Son P Huynh/
`Primary Examiner, Art Unit 2424
`
`
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20101018
`
`Apple 1002 — Page 5
`
`Apple 1002 - Page 5
`
`

`
`Application/Control Number: 10/271,801
`
`Page 2
`
`Art Unit: 2424
`
`Allowable Subject Matter
`
`1.
`
`Claims 1-32 are allowed in view of the Board's decision on Appeal (pages 2-5)
`
`mailed 8/25/2010.
`
`2.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SON P. HUYNH whose telephone number is (571)272-
`
`7295. The examiner can normally be reached on 9:00 - 6:30.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Christopher S. Kelley can be reached on 571-272-7331. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571-
`
`273-8300.
`
`lnformation regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Son P Huynh/
`Primary Examiner, Art Unit 2424
`
`October 18, 2010
`
`Apple 1002 - Page 6
`
`Apple 1002 - Page 6
`
`

`
`Index 01' Claims
`
`App|icationIContro| No.
`
`10271801
`
`DUREAU, VINCENT
`
`App|icant(s)IPatent Under Reexamination
`
`
`
` Examiner
` Huynh, Son P
`Rejected I Cancelled
`Non-Elected
`E Allowed E Restricted
`Interference
`
`Art Unit
`
`2424
`
`Objected
`
`
`
`El Claims renumbered in the same order as presented by applicant
`
`El CPA
`
`El T.D.
`
`El R.1.47
`
`CLAIM
`
`DATE
`
`Final
`1
`2
`
`Original
`1
`
`12/19/2006 05/17/2007 03/27/2008 10/18/2010
`\/
`\/
`A
`:
`:
`
`-l>(.0l\)
`
`<\\\
`
`<\\\
`
`J>J>J>
`
`5 222322“
`9 222322“
`\
`\
`<.n
`J>
`10 222322“
`\
`\
`3 H2322’)
`\
`\
`4 “E2222
`6
`8
`11
`9
`7
`10
`
`J>J>J>J>
`
`<\\\
`<\\\
`J>
`J>
`12 “E2222
`\\
`\\
`8 “E2222
`\
`\
`13 “E2222
`\
`\
`14 “E2222
`\
`\
`15 “$2222
`20
`16
`16
`17
`17
`18
`
`<\\\
`
`<\\\
`
`>
`
`\
`\
`19 “E2222
`\
`\
`21 “E2222
`18 “E2222
`22 “E2222
`24 “$2222
`23
`24
`25
`25
`26
`26
`
`<\\\
`
`<\\\
`
`\<\\\\\
`
`\<\\\\\
`
`J>J>J>J>>J>
`J>J>J>J>J>
`J>>>J>J>J>
`
`27 “E2222
`29 “E2222
`30 “E2222
`31 “E2222
`28 “$2222
`\
`32
`32
`=
`
`\\\
`
`J>>J>
`
`\ \
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. : 20101018
`
`Apple 1002 — Page 7
`
`Apple 1002 - Page 7
`
`

`
` 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.
`
`F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONF {MATION NO.
`
`10/271,801
`
`10/15/2002
`
`Vincent Dureau
`
`5266-03800
`
`9386
`
`08/25/2010
`
`7590
`44015
`OPTV/MEYERTONS
`MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C.
`P.O. BOX 398
`AUSTIN, TX 78767-0398
`
`EXAMINER
`
`HUYNH, SON P
`
`ART UNIT
`
`2424
`
`PAPER NUMBER
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`08/25/2010
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on aboVe—indicated "Notification Date" to the
`following e—mail address(es):
`
`patent_d0cl<eting @ intprop. com
`ptomhkkg @ gmail.c0m
`rrankin @ intprop. com
`
`PTOL—90A (Rev. 04/07)
`
`Apple 1002 — Page 8
`
`Apple 1002 - Page 8
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE BOARD OF PATENT APPEALS
`
`AND INTERFERENCES
`
`Ex parte VINCENT DUREAU
`
`Appeal 2009-00721 1
`Application 10/271,801
`Technology Center 2400
`
`Before ROBERT E. NAPPI, KENNETH W. HAIRSTON, and
`
`MAHSHID D. SAADAT, Administrative Patent Judges.
`
`HAIRSTON, Administrative Patent Judge.
`
`DECISION ON APPEAL1
`
`1 The tWo—month time period for filing an appeal or commencing a civil
`action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing,
`as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE”
`shown on the PTOL—90A cover letter attached to this decision.
`
`Apple 1002 — Page 9
`
`Apple 1002 - Page 9
`
`

`
`Appeal 2009-00721 1
`Application 10/271,801
`
`DECISION ON APPEAL
`
`This is an appeal under 35 U.S.C. §§ 6(b) and 134 from the final
`
`rejection of claims 1 to 32. We will reverse.
`
`The disclosed invention relates to a method and system for using a
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`user profile in an interactive television system. During a first user activity, a
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`first device is used to update a user profile. A second user activity is
`
`initiated via a second device that is different from the first device. The user
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`profile is accessed in response to the second user activity, and the first user
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`activity affects a content of data transmitted to a user responsive to the
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`second user activity (Figs. 1-3; Spec. 3-5, 13, 14, 21, 22, 24; Abstract).
`
`Claim 1 is representative of the claims on appeal, and it reads as
`
`follows:
`
`1. A method for utilizing a user profile in an interactive television
`system, the method comprising:
`
`updating a user profile responsive to a first user activity, the
`first user activity being initiated via a first device;
`
`initiating a second user activity, the second user activity being
`initiated via a second device which is different from the first device,
`
`wherein either
`
`(i) the first user activity is related to television viewing
`and the second user activity is unrelated to television viewing,
`or
`
`(ii) the first user activity is unrelated to television
`viewing and the second user activity is related to television
`viewing;
`
`accessing the user profile in response to the second user
`activity; and
`
`transmitting data to a user responsive to the second user
`activity, wherein the transmitted data is based at least in part on the
`user profile, and wherein the first user activity affects a content of said
`data transmitted to the user responsive to the second user activity.
`
`Apple 1002 — Page 10
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`Apple 1002 - Page 10
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`

`
`Appeal 2009-00721 1
`Application 10/271,801
`
`The prior art2 relied upon by the Examiner in rejecting the claims on
`
`appeal is:
`
`Herz
`
`Ellis
`
`US 6,571,279 B1
`
`May 27, 2003
`
`US 2005/0028208 A1
`
`Feb. 3, 2005
`
`The Examiner rejected claims 26 to 32 under 35 U.S.C. § 101 for non-
`
`statutory subject matter.
`
`The Examiner rejected claims 1, 3, 4, 8, 12 to 14, 16, 20, 24 to 27, 29,
`
`31, and 32 under 35 U.S.C. § 102(e) based upon the teachings of Ellis.
`
`The Examiner rejected claims 2, 5 to 7, 9, 15, 17 to 19, 21, and 28
`
`under 35 U.S.C. § 103(a) based upon the teachings of Ellis.
`
`The Examiner rejected claims 10, 11, 22, 23, and 30 under 35 U.S.C.
`
`§ 103(a) based upon the teachings of Ellis and Herz.
`
`Turning first to the non—statutory subject matter rejection, the
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`Examiner contends (Final Rej. 6) that the claimed subject matter is directed
`
`to a signal which is neither a process, machine, manufacture, nor
`
`composition of matter. Appellant argues (App. Br. 12) that the amended
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`claim recites a “computer readable Egg medium,” and that “a signal is
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`not a storage medium.” We agree with Appellant that the amended claim is
`
`statutory because it is now directed to a tangible computer readable storage
`
`medium, and not to an intangible signal. Thus, the non—statutory subject
`
`matter rejection of claims 26 to 32 is reversed.
`
`Turning next to the anticipation rejection, the Examiner contends
`
`(Final Rej. 7-9) that Ellis describes a first user activity (e.g., updating a user
`
`profile) that is initiated by a first device, and a second user activity (e.g.,
`
`2 The filing dates of the applied references are prior to the filing date of the
`subject application.
`
`Apple 1002 — Page 11
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`Apple 1002 - Page 11
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`

`
`Appeal 2009-00721 1
`Application 10/271,801
`
`participating in a chat application) that is initiated by a second device,
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`whereas, Appellant argues inter alia that
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`The interaction between the disparate activities is clear
`from the claims — the first activity affects the content received
`by the user in response to the second activity. Ellis nowhere
`discloses such a common profile and interaction between these
`two different types of activities as recited.
`
`(App. Br. 12).
`
`Thus, we have to determine whether Ellis describes any interaction
`
`between the first user activity and the second user activity.
`
`Although Ellis describes updating a user profile responsive to a first
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`user activity related to television viewing via a first device (e.g., a remote)
`
`(HM 0024, 0123-0126, 0160, 0161), and initiating a second user activity
`
`unrelated to television viewing by participating in a chat application via a
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`second device (e.g., a set top box) that differs from the first device (HM 0020,
`
`0179), Ellis is completely silent as to accessing “the user profile in response
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`to the second user activity” (i.e., chat application) as required by all of the
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`claims on appeal. Ellis is equally silent as to whether the first user activity
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`of updating a user profile “affects a content of’ data transmitted to a user
`
`“responsive to the second user activity” (i.e., chat application) as required by
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`all of the claims on appeal. Thus, Appellant correctly argued that Ellis lacks
`
`a description of any interaction between the first user activity and the second
`
`user activity.
`
`In summary, the anticipation rejection is reversed because each and
`
`every limitation in claims 1, 3, 4, 8, 12 to 14, 16, 20, 24 to 27, 29, 31, and 32
`
`is not found either expressly or inherently in the cited reference to Ellis. In
`
`re Crish, 393 F.3d 1253, 1256 (Fed. Cir. 2004).
`
`Apple 1002 — Page 12
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`Apple 1002 - Page 12
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`

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`Appeal 2009-00721 1
`Application 10/271,801
`
`The obviousness rejections are reversed because Ellis and Herz,
`
`whether considered individually or in combination, neither teach nor suggest
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`the inventions set forth in claims 2, 5 to 7, 9 to 11, 15, 17 to 19, 21 to 23, 28,
`
`and 30.
`
`The decision of the Examiner is reversed.
`
`REVERSED
`
`babc
`
`OPTV/MEYERTONS
`
`MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C.
`
`P.O. BOX 398
`
`AUSTIN, TX 78767-0398
`
`Apple 1002 — Page 13
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`Apple 1002 - Page 13
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`

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`Application Serial No. 10/271,801 - Filed October 15, 2002
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
`
`Examiner:
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`11L)['atI1SI:11tt:1dTV1: ClCC1t{I'(C);1f1fE filingihtod the filnltflil, 1States
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`§ §
`
`APPEAL BRIEF
`
`Application No.:
`10/271,801
`Filed:
`October 15,2002
`
`InVentOr(S):
`Vincgnt Durgau
`
`Title: CONVERGENCE OF
`INTERACTIVE
`TELEVISION AND
`WIRELESS
`TECHNOLOGIES
`
`Mail Stop Appeal Brief - Patents
`Commissioner for Patents
`
`P.O. BOX 1450
`
`Alexandria, VA 22313-1450
`
`Sir/Madam:
`
`Responsive to the Office Communication dated February 6, 2008, and further to
`
`the Notice of Appeal filed August 24, 2007 (with Pre—Appeal Brief Request for Review)
`
`and the Notice of Panel Decision mailed December 4, 2007, Appellants present this
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`Appeal Brief. Appellants respectfully request that this appeal be considered by the Board
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`of Patent Appeals and Interferences.
`
`1/23
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`

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`Application Serial No. 10/271,801 - Filed October 15, 2002
`
`I.
`
`REAL PARTY IN INTEREST
`
`As evidenced by the assignment recorded at Reel/Frame 013412/0955, the subject
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`application is owned by OpenTV, Inc., a corporation organized and existing under and by
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`Virtue of the laws of the State of Delaware, and having its principal place of business at
`
`275 Sacramento Street, San Francisco, CA 94111.
`
`2/23
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`Apple 1002 — Page 15
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`Apple 1002 - Page 15
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`

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`Application Serial No. 10/271,801 - Filed October 15, 2002
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`II.
`
`RELATED APPEALS AND INTERFERENCES
`
`There are no related appeals or interferences known to Appellant.
`
`3/23
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`Apple 1002 — Page 16
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`Apple 1002 - Page 16
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`

`
`Application Serial No. 10/271,801 - Filed October 15, 2002
`
`III.
`
`STATUS OF CLAIMS
`
`Claims 1-32 are pending. Claims 1-4, 6-9, 12-17, 19-21, 24-27, 29, and 31-32
`
`stand rejected under 35 U.S.C. § 102(e) as being anticipated by U.S. Patent Publication
`
`2005/0028208 (hereinafter “Ellis”). In addition, claims 2, 5-7, 9, 15, 17-19, 21 and 28
`
`stand rejected under 35 U.S.C. § 103(a) over Ellis, and claims 10-11, 22-23, and 30 stand
`
`rejected under 35 U.S.C. § 103(a) as being unpatentable over Ellis in View of U.S. Patent
`
`6,571,279 (hereinafter “Herz”). Finally, claims 26-32 are rejected under 35 U.S.C. § 101
`
`as being directed to non-statutory subject matter. The following clear errors in the
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`EXaminer’s rejection are noted.
`
`The rejection of these claims is being appealed. A copy of claims 1-32 is included
`
`in the Claims Appendix attached hereto.
`
`4/23
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`

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`Application Serial No. 10/271,801 - Filed October 15, 2002
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`IV.
`
`STATUS OF AMENDMENTS
`
`No unentered amendment to the claims has been filed after final rejection.
`
`5/23
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`Apple 1002 — Page 18
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`Apple 1002 - Page 18
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`

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`Application Serial No. 10/271,801 - Filed October 15, 2002
`
`V.
`
`SUMMARY OF CLAIMED SUBJECT MATTER
`
`Independent claim 1
`
`is directed to the use of a user profile in an interactive
`
`television system. The method includes updating a user profile in response to a first user
`
`activity initiated via a first device. A second user activity is then initiated via a second
`
`device that is different from the first device (e.g., page 14, first paragraph; FIG. 5 and
`
`related text beginning page 21). Only one of the first or second user activities is related to
`
`television viewing, either the first or the second, but not both. In response to the second
`
`user activity, the same user profile is accessed. Data is then transmitted to the user in
`
`response to the second user activity based at least in part on the user profile. Additionally,
`
`the first user activity affects a content of the data transmitted in response to the second
`
`user activity. (e.g., page 3, first paragraph; FIG. 6, and related text beginning page 22).
`
`Independent claim 14 is directed to an interactive television system. The claimed
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`system includes at least a remote unit (305), set—top box (12), and broadcast station (16).
`
`The claimed system is configured to update a user profile in response to a first user
`
`activity initiated via either the remote unit or the set—top box. A second user activity
`
`initiated via the other device (of the remote unit or the set—top box) (e.g., page 14, first
`
`paragraph; FIG. 5 and related text beginning page 21).. Only one of the first or second
`
`user activities is related to television viewing, either the first or the second, but not both.
`
`The system is further configured to access same user profile in response to the second
`
`user activity. Data is then transmitted to the user in response to the second user activity
`
`based at least in part on the user profile. Additionally, the first user activity affects a
`
`content of the data transmitted in response to the second user activity. (e.g., page 3, first
`
`paragraph; FIG. 6, and related text beginning page 22).
`
`Independent claim 26 is directed to a computer readable storage medium
`
`comprising program instructions which are executable by a computing device to update a
`
`6/23
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`

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`Application Serial No. 10/271,801 - Filed October 15, 2002
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`user profile in response to a first user activity initiated via a first device. Detect a second
`
`user activity initiated via a second device that is different from the first device (e. g., page
`
`14, first paragraph; FIG. 5 and related text beginning page 21). Only one of the first or
`
`second user activities is related to television viewing, either the first or the second, but
`
`not both. In response to the second user activity, the same user profile is accessed. Data is
`
`then transmitted to the user in response to the second user activity based at least in part on
`
`the user profile. Additionally,
`
`the first user activity affects a content of the data
`
`transmitted in response to the second user activity. (e.g., page 3, first paragraph; FIG. 6,
`
`and related text beginning page 22).
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`7/23
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`Application Serial No. 10/271,801 - Filed October 15, 2002
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`VI.
`
`GROUNDS OF RE,|ECTION TO BE REVIEWED ON APPEAL
`
`1. Claims 1, 3-4, 8, 12-14, 16, 20, 24-27, 29, and 31-32 stand rejected under 35
`
`U.S.C. § 102(e) as being anticipated by U.S. Patent Publication 2005/0028208
`
`(hereinafter “Ellis”).
`
`2. Claims 2, 5-7, 9, 15, 17-19, 21 and 28 stand rejected under 35 U.S.C. § 103(a)
`
`over Ellis.
`
`3. Claims 10-11, 22-23, and 30 stand rejected under 35 U.S.C. § 103(a) as being
`
`unpatentable over Ellis in View of U.S. Patent 6,571,279 (hereinafter “Herz”).
`
`4. Claims 26-32 are rejected under 35 U.S.C. § 101 as being directed to non-
`
`statutory subject matter.
`
`8/23
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`Application Serial No. 10/271,801 - Filed October 15, 2002
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`VII. ARGU