122905.1 74556
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`page I
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Patent: 8,587,720 Bl
`
`Date oflssue: Nov. 19, 2013
`
`Name of Patentee: John Christopher Harvey and James William Cuddihy
`
`Title oflnvention: SIGNAL PROCESSING APPARATUS AND METHODS
`
`August 28, 2018
`
`Mail Stop Ex parte REEXAM
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`STREAMLINED EX PARTE REEXAMINATION REQUEST
`
`Dear Sir:
`
`Reexamination under 35 U.S.C. §§ 302-307 and 37 C.F.R. § 1.510 is requested of United States
`
`Patent number 8,587,720 Bl, which issued on Nov. 19, 2013, to John Christopher Harvey and
`
`James William Cuddihy. U.S. Patent 8,587,720 B 1 is still enforceable.
`
`Identification of Claims for Which Reexamination Is Requested
`
`In accordance with 37 C.F.R. § 1.510, reexamination of claims 1, 4, 7, and 27 of U.S. Patent
`
`8,587,720 B1 is requested, in view of the following references:
`
`Lockwood et al., U.S. Patent 4,359,631. ("Lockwood")
`
`Hartung et al., U.S. Patent 4,019,201. ("Hartung")
`
`Campbell et al., PCT/US81/00414 (Pub. No. WO 81/02961). ("Campbell")
`
`Metcalfe et al., "Ethernet: Distributed Packet Switching for Local Computer Networks",
`
`Communications of the ACM, July 1976, Vol. 19, No. 7, pp. 395-404. ("Metcalfe")
`
`Form PTO-SB-08A is attached with the above references listed.
`
`PMC Exhibit 2147
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`IPR2016-00754
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`Statement Pointing Out Each Substantial New Question of Patentability
`
`Lockwood and Metcalfe were not of record in the file of U.S. Patent 8,587,720 Bl. Hartung is
`
`on the face of U.S. Patent 8,587,720 Bl; however, neither Hartung nor any family members of
`
`Hartung were directly discussed during prosecution. U.S. Patent 4,536,791 to Campbell et al.
`
`was raised during prosecution in combination with different references than used in the instant
`
`reexamination request, and has a§ 102(e) date of November 27, 1981. Issued claims 1, 4, 7, and
`
`27 of U.S. Patent 8,587,720 Bl have a priority of November 3, 1981 ; therefore, U.S. Patent
`
`4,536,791 to Campbell et al. is not prior art to U.S. Patent 8,587,720 Bl. However, U.S. Patent
`
`4,536,791 to Campbell et al. relies on PCT Application No. PCT/US81/00414, which has a
`
`publication date of October 15, 1981. Accordingly, the PCT Application No. PCT/US81/00414
`
`(Publication No. WO 81 /02961) predates the priority of U.S. Patent 8,587,720 Bl. Both U.S.
`
`Patent 4,536,791 and Campbell are on the face of U.S. Patent 8,587,720 Bl. Lockwood,
`
`Metcalfe, Hartung, and Campbell all describe a system and apparatus for communication of
`
`information between nodes in a network. The teachings of Lockwood could be considered to
`
`raise a substantial new question of patentability for claims 1 and 7. The teachings of Metcalfe
`
`could be considered to raise a substantial new question of patentability for claim 4. The
`
`teachings of Hartung in view of Campbell could raise a substantial new question of patentability
`
`for claim 27.
`
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`Detailed Explanation Under 37 C.F.R. § l .510(b)
`
`1. Claim 1 of U.S. Patent 8,587,720 Bl may be unpatentable under 35 U.S.C § 102(a) as being
`
`anticipated by Lockwood, as shown by the following claim chart:
`
`U.S. 8,587,720 Bl
`
`Lockwood
`
`1. A method for
`
`Fig. 7 shows a block diagram of a receiver station with a processor 30,
`
`collecting and
`
`keyboard 20 (input device), and data sources 26 (data storage device).
`
`reporting information The receiver station is connected to a network through audio com 24.
`
`in a data network at a The receiver station may access a plurality of data sources through
`
`receiver station from
`
`audio com 24 and from stored information, such as data sources 26
`
`a plurality of sources,
`
`including video playback disk 27 and on-line mass storage 28 shown
`
`said receiver station
`
`in Fig. 8 and described in the related text. For example, " [t]he present
`
`having a data network embodiment of the invention is designed to provide travel-related
`
`connection, a
`
`information and services. The first component of the data source 26 is
`
`processor, an input
`
`a video storage and playback unit 27 which holds recordings of
`
`device, and a data
`
`various travel documentaries promoting tours, cruises, special events,
`
`storage device, said
`
`resort facilities and other vacation opportunities. Each documentary
`
`method comprising
`
`is indexed and can be recalled on demand and played on the cathode
`
`the steps of:
`
`ray tube 10. A second source of data is provided by a mass storage
`
`unit 28 which contains information of a more transitory nature such as
`
`flight schedules to various destinations, ticket prices, weather
`
`information, snow conditions at various skiing resorts, hotel
`
`occupancy status and other information useful in the planning of a
`
`business trip or vacation. This information is periodically updated via
`
`a communication link 24 with a remote control center." (3: 10-25).
`
`Furthermore, Fig. 10 shows "SYSTEM REQUESTS INFO FROM
`
`REMOTE COMPUTER" as an example of a real time request for
`
`schedule information from a " source". (See "BEGIN SCHEDULE"
`
`in Fig. 10).
`
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`receiving at said input Fig. 10 shows a flow diagram for "BEGIN SCHEDULE". The
`
`device a set of
`
`second step requires "CUSTONIER "FILLS" IN BLANK IN MASK" .
`
`information collection As shown in Fig. 7, a keyboard 20 allows a user data entry.
`
`parameters;
`
`"The flight schedule program begins by the display on the CRT of a
`
`schedule mask through which the customer is invited to fill in the
`
`form(sic) and to locations of the flights." (7:41-44).
`
`generating a query at
`
`"The flight schedule program begins by the display on the CRT of a
`
`said receiver station
`
`schedule mask through which the customer is invited to fill in the
`
`from said set of
`
`form and to locations of the flights. When the customer enters the
`
`information collection departure point and the destination on the keyboard, two codes are
`
`parameters;
`
`generated wh ich are used to seek the appropriate information in the
`
`mass storage or, alternately, are sent via the audio communication
`
`system to a remote reservation computer." (7:41-49, emphasis
`
`added).
`
`promulgating said
`
`Fig. 10 shows a flow diagram for "BEGIN SCHEDULE". The third
`
`query from said step
`
`step requires " SYSTEM REQUESTS INFO FROM REMOTE
`
`of generating a query
`
`CO.MJ>UTER".
`
`from said receiver
`
`station to said data
`
`network through said
`
`data network
`
`connection;
`
`"The flight schedule program begins by the display on the CRT of a
`
`schedule mask through which the customer is invited to fill in the
`
`form and to locations of the flights. When the customer enters the
`
`depatture point and the destination on the keyboard, two codes are
`
`generated which are used to seek the appropriate information in the
`
`mass storage or, alternately, are sent via the audio communication
`
`system to a remote reservation computer." (7:41-49, emphasis
`
`added).
`
`recording in a first
`
`Fig. 10 shows a flow diagram for "BEGIN SCHEDULE". The fourth
`
`data record at said
`
`step requires "REMOTE CO:MPUTER RESPONDS WITH
`
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`storage device a
`
`SCHEDULE" .
`
`datum evidencing one
`
`of said step of
`
`promulgating and a
`
`response to said step
`
`of promulgating;
`
`"When the list of available flights has been gathered from the mass
`
`storage or received back from the remote computer center, it is
`
`displayed on the CRT with an inquiry as to whether the customer
`
`wants a hard copy of the schedule." (7:49-53).
`
`If there is concern the datum is not stored in " said storage device"
`
`(data sources 26 including on-line mass storage 28), then read/write
`
`memory 29, shown in Fig. 8, is included in "said storage device" . The
`
`displayed data may be stored in one or more of these memories.
`
`"Intermediate results, variables, etc., required by the operating
`
`program, will reside in the read/write memory 29." (4:52-54).
`
`Fig. 10 shows a flow diagram for "BEGIN SCHEDULE". The fifth
`
`step questions whether "CUSTOMER WANTS HARDCOPY". A
`
`POSIT A would understand that an offer to print a hard copy of the
`
`schedule could not occur until the complete schedule was received.
`
`As such, a datum must exist "evidencing one of said step of
`
`promulgating and a response to said step of promulgating". The
`
`display of the schedule is evidence, in and of itself, that the request
`
`was sent and a response was received.
`
`generating, under
`
`Fig. 10 shows a flow diagram for "BEGIN SCHEDULE" . The fourth
`
`control of said
`
`step requires "REMOTE COJVJPUTER RESPONDS WITH
`
`processor, output
`
`SCHEDULE" . Once the unit has received the requested schedule
`
`information based on
`
`data, the processor displays the schedule and creates a prompt to
`
`said data record; and
`
`inquire whether the user desires a hard copy.
`
`"When the list of available flights has been gathered from the mass
`
`storage or received back from the remote computer center, it is
`
`displayed on the CRT with an inquiry as to whether the customer
`
`wants a hard copy of the schedule." (7:49-53).
`
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`outputting said output Fig. 10 shows a flow diagram for "BEGIN SCHEDULE". The fowth
`
`information.
`
`step requires "REMOTE COMPUTER RESPONDS WITH
`
`SCHEDULE".
`
`"When the list of available flights has been gathered from the mass
`
`storage or received back from the remote computer center, it is
`
`displayed on the CRT with an inquiry as to whether the customer
`
`wants a hard copy of the schedule.'' (7:49-53).
`
`The "outputting" may be the display of the information. Similarly, if
`
`a hard copy is requested, the printout may also be the "outputting" .
`
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`2. Claim 4 of U.S. Patent 8,587,720 B1 may be unpatentable under 35 U.S.C § 102(a) as being
`
`anticipated by Metcalfe, as shown by the following claim chart:
`
`U.S. 8,587,720 Bl
`
`Metcalfe
`
`4. A method for
`
`Metcalfe Section 1.1 discusses an extension of a terminal-computer
`
`tracking, at a data
`
`communication system to a computer-computer communication
`
`collection station, use
`
`system. In a terminal-computer communication system, a POSITA
`
`at a receiver station of would recognize the computer maintains information to be accessed
`
`information in a first
`
`by the terminals.
`
`information network,
`
`Section 1.1 states, "Computer networking evolved from
`
`said receiver station
`telecommunications terminal-computer communication, where the
`having a data network object was to connect remote terminals to a central computing facility.
`connection, a
`As the need for computer-computer interconnection grew, computers
`
`processor, an input
`
`device, and a data
`
`storage device, said
`
`information network
`
`having a plurality of
`
`information sources,
`
`said method
`
`comprising the steps
`
`of:
`
`themselves were used to provide communication [2, 4, 29].
`
`Communication using computers as packet switches [l 5-21, 26] and
`
`communications among computers for resource sharing [10, 32] were
`
`both advanced by the development of the Arpa Computer Network.
`
`"The Aloha Network at the University of Hawaii was
`
`originally developed to apply packet radio techniques for
`
`communication between a central computer and its terminals scattered
`
`among the Hawaiian Islands [l, 2]. Many of the terminals are now
`
`minicomputers communicating among themselves using the Aloha
`
`Network's Menehune as a packet switch. The Menehune and an
`
`Arpanet Imp are now connected, providing terminals on the Aloha
`
`Network access to computing resources on the U.S. mainland.
`
`"Just as computer networks have grown across continents and
`
`oceans to interconnect major computing facilities around the world,
`
`they are now growing down corridors and between buildings to
`
`interconnect minicomputers in offices and laboratories [3, 12, 13, 14,
`
`35]."
`
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`122905. 174556
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`In a computer-computer communication system, Metcalfe discusses
`
`that each computer is a minicomputer, which has a processor,
`
`memory, and network connection. Each minicomputer is a station on
`
`the network. Also, each minicomputer is a source of information in
`
`the network. APOSITA would recognize that each minicomputer
`
`would have an input device. Section 1.2 states, "More recently
`
`minicomputers have been connected in multiprocessor configurations
`
`for economy, reliability, and increased system modulari ty [24, 36].
`
`The trend has been toward decentralization for reliability; loosely
`
`coupled multiprocessor systems depend less on shared central
`
`memory and more on thin wires for interprocess communication with
`
`increased component isolation [18, 26]. With the continued thinning
`
`of interprocessor communication for reliability and the development
`
`of distributable applications, multiprocessing is gradually approaching
`
`a local form of distributed computing." Also, see Figure 1.
`
`Examples of the claimed "information in a first information network"
`
`may be found in Figures 2 and 4 of Metcalfe.
`
`providing said
`
`Section 3 states, "Like an Aloha radio transmitter, an Ethernet
`
`information to a
`
`transmitter broadcasts completely-addressed transmitter-synchronous
`
`plurality of receiver
`
`bit sequences called packets onto the Ether and hopes that they are
`
`stations from said
`
`heard by the intended receivers. The Ether is a logi.cally passive
`
`plurality of
`
`medium for the propagation of digital signals and can be constructed
`
`information sources;
`
`using any number of media including coaxial cables, twisted pairs,
`
`and optical fibers. "
`
`Section 4 states, "Our choices of 1 kilometer, 3 megabits per second,
`
`and 256 stations for the parameters of an experimental Ethernet were
`
`based on characteristics of the locally distributed computer
`
`communication environment and our assessments of what would be
`
`marginally achievable; they were certainly not hard restrictions
`
`essential to the Ethernet concept." (Emphasis added.)
`
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`performing a first
`
`Metcalfe discusses the "checksum" function to identify transmission
`
`function on a first
`
`errors.
`
`portion of said
`
`information at said
`
`receiver station;
`
`Section 7.2 states, "The first 16 bits of all Ethernet packets contain its
`
`interface-interpretable destination and source station addresses, a byte
`
`each, in that order (see Figure 2). By software convention, the second
`
`16 bits of all Ethernet packets contain the packet type. Different
`
`protocols use disjoint sets of packet types. The EFTP uses 5 packet
`
`types: data, ack, abort, end, and endreply. Following the 16-bit type
`
`word of an EFTP packet are 16 bits of sequence number, 16 bits of
`
`length, optionally some 16-bit data words, and finally a 16-bit
`
`software checksum word (see Figure 4). The Ethernet's hardware
`
`checksum is present only on the Ether and is not counted at this level
`
`of protocol.
`
`"It should be obvious that little care has been taken to cram
`
`certain fields into just the right number of bits. The emphasis here is
`
`on simplicity and ease of programming. Despite this disclaimer, we
`
`do feel that it is more advisable to err on the side of spacious fields;
`
`try as you may, one field or another will always tum out to be too
`
`small.
`
`"The software checksum word is used to lower the probability
`
`of an undetected error. It serves not only as a backup for the
`
`experimental Ethernet's serial hardware 16-bit cyclic redundancy
`
`checksum (in Figure 2), but also for protection against failures in
`
`parallel data paths within stations which are not checked by the CRC.
`
`The checksum used by the EFTP is a l's complement add and cycle
`
`over the entire packet, including header and content data. The
`
`checksum can be ignored at the user's peril at either end; the sender
`
`may put all l's (an impossible value) into the checksum word to
`
`indicate to the receiver that no checksum was computed."
`
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`recording in said data Metcalfe discusses creating an "ack packet with a matching sequence
`
`storage device a
`
`number" to acknowledge proper reception of a packet at a receiver
`
`datum evidencing
`
`station. The "matching sequence number" or the "ack packet" cannot
`
`said first function
`
`be generated unless the "checksum" function, which may be the
`
`performed in said step claimed "first function", has been performed at the receiver station.
`
`of performing; and
`
`The "matching sequence number" of the "ack packet" would be stored
`
`at a receiver station prior to transmission to the sender station.
`
`Section 7.2.1 states, "The 16-bit words of a file are carried from
`
`sending station to receiving station in data packets consecutively
`
`numbered from 0. Each data packet is retransmitted periodically by
`
`the sender until an ack packet with a matching sequence number is
`
`returned from the receiver. The receiver ignores all damaged packets,
`
`packets from a station other than the sender, and packets whose
`
`sequence number does not match either the expected one or the one
`
`preceding. When a packet has the expected sequence number, the
`
`packet is acked, its data is accepted as part of the file, and the
`
`sequence number is incremented. When a packet arrives with a
`
`sequence number one less than that expected, it is acknowledged and
`
`discarded; the presumption is that its ack was lost and needs
`
`retransmission [21]."
`
`transferring a record Metcalfe discusses creating and transmitting an "ack packet with a
`
`of said datum
`
`matching sequence number" to acknowledge proper reception of a
`
`evidencing said first
`packet at a receiver station, which is sent to the sender station.
`function performed at Section 7.2.1 states, "The 16-bit words of a file are carried from
`said receiver station
`sending station to receiving station in data packets consecutively
`to said data collection numbered from 0. Each data packet is retransmitted periodically by
`station on said
`the sender until an ack packet with a matching sequence number is
`
`information network
`
`through said data
`
`returned from the receiver. The receiver ignores all damaged packets,
`
`packets from a station other than the sender, and packets whose
`
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`network connection.
`
`sequence number does not match either the expected one or the one
`
`preceding. When a packet has the expected sequence number, the
`
`packet is acked, its data is accepted as part of the file, and the
`
`sequence number is incremented. When a packet arrives with a
`
`sequence number one less than that expected, it is acknowledged and
`
`discarded; the presumption is that its ack was lost and needs
`
`retransmission [21]."
`
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`3. Claim 7 of U.S. Patent 8,587,720 B1 may be unpatentable under 35 U.S.C § 102(a) as being
`
`anticipated by Lockwood, as shown by the following claim chart:
`
`U.S. 8,587,720 Bl
`
`Lockwood
`
`7. A method for
`
`Fig. 7 shows a block diagram of a user station with a processor 30.
`
`tracking use of a
`
`Furthe1more, Fig. 8 shows C.P.U. 30 (processor) as part of the user
`
`computer
`
`station.
`
`programming feature
`
`in a communication
`
`network having a data
`collection receiver
`
`station and a user
`
`station, said user
`
`station having a
`
`processor, said
`
`method comprising
`
`the steps of:
`
`The user station is connected to a network through audio com 24,
`
`shown in Fig. 7. Furthermore, Fig. 8 shows modem 38 as a means to
`link to a communication network.
`
`In Fig. 8, the user station interacts with a remote site computer 42
`
`(data collection receiver station). For example, Fig. 10 shows in
`
`"BEGIN RESERVATION", a method to secure a reservation for
`
`travel. The remote site computer 42 will record the reservation to
`
`prevent double booking, and as such, tracks " use of a computer
`
`programming feature", which may be the reservation program and/or
`
`a subset of the reservation program such a data entry step discussed
`
`below.
`
`"After the mask has been completed by the customer entering his
`
`selection, the central processor generates a request message which is
`
`sent via the audio communication system to the remote reservation
`
`computer. After receiving the confirmation message, the system
`
`again offers the customer the option to obtain a hard copy of the
`
`reservation information, after which the system offers the option to go
`
`directly into a ticket purchase mode, or a return to the basic menu
`
`display." (7:66-8:6).
`
`detecting use of a first Fig. 10 shows a flow diagram for "BEGIN RESERVATION". The
`
`computer
`
`second and third steps require "CUSTOMER ENTERS
`
`programming feature AIRLINE/FLIGHT # ETC." and "CUSTOMER "FILLS" IN
`
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`by said computer at
`
`BLANKS IN BAL. OF MASK" . At the end of the third step, the next
`
`said user station;
`
`step requests a reservation. Accordingly, the computer at the user
`
`station must have detected " use of a first computer programming
`
`feature" to transfer the reservation information to remote computer.
`
`processing, at said
`
`Fig. 10 shows a flow diagram for "BEGIN RESERVATION". The
`
`processor, in a first
`
`fourth step is "SYSTEM REQUESTS RESERVN FROM REMOTE
`
`data record data
`
`COMPUTER" . To send a request, the computer at the user station
`
`evidencing said use of processed information entered by the user indicating the travel details
`
`said first computer
`
`to create a data record to send to the remote computer with the travel
`
`programming feature; and user information.
`
`and
`
`reporting, based on
`
`Fig. 10 shows a flow diagram for "BEGIN RESERVATION''. The
`
`said step of
`
`fourth step is "SYSTEM REQUESTS RESERVN FROM REMOTE
`
`processing, said use
`
`COMPUTER" . The computer at the user station reports the travel
`
`of said first computer
`
`request to the data collection receiver station. This request could not
`
`programming feature
`
`have occurred unless the ''reservation" program was used; hence, the
`
`from said user station
`
`use of"said first computer programming feature" is reported.
`
`to said data collection
`
`receiver station.
`
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`
`4. Claim 27 of U.S. Patent 8,587,720 Bl may be unpatentable under 35 U.S.C § 103(a) as
`
`being obvious over Hartung in view of Campbell, as shown by the following claim chart:
`
`U.S. 8,587,720 Bl
`
`Hartung in view of Campbell
`
`27. A method of
`
`Hartung describes a "method and apparatus for scrambling and
`
`controlling a network
`
`unscrambling communication signals" in a television system. (title
`
`comprising a plurality and abstract). Accordingly, an apparatus to receive and unscramble
`
`of receiver stations
`
`television video and audio signals at a plurality of receiver stations
`
`each of which
`
`from a broadcast or cablecast exists. "In subscription television, or
`
`includes one of a
`
`"pay-I. V." systems, subscribers select programs that they wish to
`
`broadcast and a
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`view, and pay to have those programs transmitted to their television
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`cablecast signal
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`receivers, usually along a coaxial cable." (Hartung, 1: 14-17). "The
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`receiver, at least one
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`present invention resides in a method and apparatus for scrambling
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`processor, a signal
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`and unscrambling television video signals, wherein the mode of
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`detector, said signal
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`scrambling and unscrambling may be varied automatically and
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`detector adapted to
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`continually in order to increase the security of the system and to deter
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`receive signals from
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`unauthorized viewers." (Hartung, 1 :44-49).
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`said one of a
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`broadcast and a
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`cablecast signal
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`receiver, and said
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`processor
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`Fig. 2 of Hartung shows I.F. amplifier, video detector, A.G.C., and
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`audio I.F. 31 (signal detector). The remainder of the circuitry in Fig.
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`2, and Figs. 3 and 7 show the details of a processor that has been
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`wired to unscramble, if activated, a TV signal. The PT AB has defined
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`"processor" as a "device that operates on data". (IPR2014-01532,
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`programmed to
`paper 57, pp. 11-12). This IPR is to a family member of U.S. patent
`respond to at least one 8,587,720 Bl , which shares the same specification.
`control signal
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`The "at least one control signal" may be a receiver station address.
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`communicated from
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`said detector, said
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`method comprising
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`the steps of:
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`Each receiver station will respond to an address by processing signals
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`paired with the address of the receiver station and ignoring signals
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`paired with an address that is not the receiver station' s address.
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`"In brief, the scrambler-encoder 14 (FIG. 1) encodes into the
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`television signal control signals addressed to a particular unscrambler
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`17 and directing it to initiate or terminate unscrambling operations, to
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`change the mode of unscrambling, or to tune to a different incoming
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`program. The unscrambler 17 (FIG. 1), and more specifically, the
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`unscrambler logic 45 (FIG. 2), operate to decode the control signals
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`and to perform the appropriate control function if it is addressed to the
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`unscrambler 17 in question. If a subscriber has not paid or been
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`charged for a particular program, the unscrambler 17 will not be
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`directed to unscramble the program, which can be viewed, therefore,
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`only in scrambled form." (Hartung, 5:17-30).
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`receiving at one of a
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`A POSITA would understand, having read Hartung, that a user may
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`broadcast and a
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`indicate to a transmitter station the TV channel they wish to have
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`cablecast transmitter
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`unscrambled. To that end, the transmitter may address a particular
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`station an instruct
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`receiver station and indi cate the channel to be unscrambled. The
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`signal which is
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`" instruct signal" may be indicative of the TV channel that should be
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`effective at said
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`unscrambled, and the "instruct signal" would be effective at any of the
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`plurality of receiver
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`plurality of receiver stations so long as the receiver station is an
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`stations to at least one addressed receiver station.
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`of execute and report
`" In the system illustrated, a central computer 18 is used to maintain
`a use at at least one of records of available programs and of programs by the subscribers.
`said plurality of
`Each subscriber select the programs he wishes to view (indicated by
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`receiver stations of a
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`computer program by
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`recording in a first
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`data record a datum
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`evidencing said use;
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`the block 19), and conveys his selections to the central computer 18
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`by means of a telephone 21 . The selections may be communicated to
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`the computer 18 directly by means of some digital attachment (not
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`shown) acoustically coupled to the telephone 21 ... . Alternatively,
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`there may be a reverse communication path along the cable 13 to the
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`computer 18, so that a subscriber may select programs by operating
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`switches or buttons (not shown) at his television receiver 16.
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`However the programs are selected is of little consequence so far as
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`the present invention is concerned, so long as there is some means to
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`determine which subscribers are authorized to receive various
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`programs. The scrambler-encoder 14, which is also connected to the
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`computer 18, typically by a telephone line 22, may then be directed to
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`encode appropriate unscrambler control signals for transmission with
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`the conventional television signals." (Hartung, 3:25-47).
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`In Hartung, the transmitter having received an unscramble request
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`from a receiver station, responds to the authorized receiver station
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`with information to allow unscrambling. "The contents of the control
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`register 88 include an "unscramble on" or "off' signal which is
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`transferred to the scramble decoder 89 over line 123, to initiate or
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`terminate unscrambling operations, and a mode select field which is
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`also transmitted to the scramble decoder, over line 124, to select the
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`mode according to which unscrambling is to be performed. The
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`control register 88 may also contain a channel select field, as
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`indicated at 125, and this may be connected to the channel selector 28
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`(FIG. 2) for the purpose of channel selection by remote control from
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`the central computer 18 (FIG. 1), as shown by the dotted line 126 in
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`FIG. 2." (Hartung, 9: 19-31 ).
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`In Fig. 3 of Hartung, the channel select signal 125 is stored in control
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`register 88, which may be evidence of " recording in a first data record
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`a datum evidencing said use".
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`Likewise, Campbell teaches a request to unscramble a TV channel,
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`which necessarily requires at least an identification to the head end of
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`the receiver station identification and the desired TV channel to be
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`unscrambled. "The pay-per-view premium programming feature is
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`similar to the special event limited access feature described above
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`except no advance authorization is required for the viewer as in a one(cid:173)
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`way system. For the pay-per-view feature, a channel is selected on
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`keyboard 168. If the selected channel is a premium channel requiring
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`additional billing, the system prints a message on the television screen
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`requiring that the subscriber key number be entered on keyboard 168.
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`When the key number is entered correctly, the converter requests the
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`data control system at the head end to authorize reception of the
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`channel. The data control system then commands the converter to
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`allow or disallow the selected program and retains billing information
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`for the service as required." (Campbell, 26:21-32) Campbell's Figure
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`11 shows the downstream "event enable word" command format
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`based on at least a subscriber ID code and channel number.
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`(Campbell, 20:28-21 :4)
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`Campbell teaches a computer program controlled microprocessor and
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`supporting circuitry. Campbell, Figs. 6-7, show a block diagram of
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`converter control logic 104. The logic 104 comprises microprocessor
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`unit 410, which is described as an Intel 8048 microprocessor.
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`(Campbell, 15: 19-26). The microprocessor 410 contains memory to
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`hold/store information. "Microprocessor 410 is preferably a single
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`microprocessor chip containing a random access memory, a read-only
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`memory and timer." (Campbell, 14: 31-33). The converter control
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`logic 104 operates according to a computer program. "Converter
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`control logic 104 processes this information and operates the various
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`modules in converter 40 under program control." (Campbell, 14:26-
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`28).
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`The specific operations in Hartung to retrieve data from shift register
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`114, compare the data in address comparator 119 to match the specific
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`receiver station address or an "all-call" identifier (Hartung, 9:11-16),
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`and if a match occurs, record control settings in control register 88 to
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`control the scramble decoder 89, could have been performed by the
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`processor of Campbell.
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`Both Hartung and Campbell describe means and methods to transmit
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`scrambled TV signals and allow selective unscrambling/descrambling.
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`transferring said
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`The channel select signal (instruct signal) is transmitted by one of a
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`instruct signal to a
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`broadcast and a cablecast transmitter station. The signals in a
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`transmitter;
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`transmission may be understood by a description of those signal' s
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`effect on a receiver station.
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`"The unscrambler logic 45 (FIG. 2) receives the composite video and
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`synchronization signal over the line 46, this signal including the
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`control signals encoded as illustrated and discussed with respect to
`
`FIG. Sa." (Hartung, 6:24-27).
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`"The unscrambler logic 45 (FIG. 2) will now be described in greater
`
`detail with reference to FIG. 3." (Hartung, 6:57-58).
`
`"The contents of the control register 88 include an "unscramble on" or
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`"off'' signal which is transferred to the scramble decoder 89 over line
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`123, to initiate or terminate unscrambling operations, and a mo