`1- BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
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`HE UNITED STATES PATENT AND TRADEMARK OFFICE
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`PATENT 6-K
`ATTORNEY DOCKET: 52090.0004l I
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`PATENT
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`Group Art Unit:
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`3992
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`Examiner: HARVEY, David E.
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`In re Reexamination Of:
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`Patent Number
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`5,335,277
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`Control Number:
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`Filing Date:
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`90/006,563
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`90/006,698
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`March 14, 2003
`July 7, 2003
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`Confirmation Number:
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`7085
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`Mail Stop Appeal Brief - Patent
`Central Reexamination Unit
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`Office of Patent Legal Administration
`United States Patent & Trademark
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`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
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`APPEAL BRIEF
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`In accordance with 37 C.F.R. § 41.37, appellant submits this appeal brief in the above
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`captioned application. Appellant appeals the final rejection of claims 2, 4, 6, 7, 10-15, 17-20, 22,
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`23, 27, 28, 30, 32, 33, 35, 38, 41, 42, 44-52, 55 and 56 set forth in the Office Action mailed
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`March 16, 2006 (the “Office Action"). A Notice of Appeal was filed in accordance with 37
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`C.F.R. § 41.31 on June 16, 2006. Attached hereto is a check for $500.00 covering the fee set
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`forth in 37 C.F.R. 41.20(b)(2). Any additional fees that may be due but are not attached may be
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`charged to Deposit Account No. 50-0206.
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`38/EB/3336 HSQLDHNH 38033331 93336695
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`Cl FC:145E
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`535_33 up
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`Apple v. PMC
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`PMC Exhibit 2031
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`ATTORNEY DOCKET: 52090.0004l I
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`CONTROL NUMBERS: 90/006,563
`90/006,698
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`Real Party In Interest
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`The real party in interest is the Patent Owner, Personalized Media Communications, LLC
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`(“PMC”) having a place of business at 708 Third Ave., New York, New York, 10017.
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`ATTORNEY DOCKET: 52090.0004l 1
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`CONTROL NUMBERS: 90/006,563
`90/006,698
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`Related Appeals And Interferences
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`U.S. Patent 5,335,277 issued from application Ser. No. 56,501, filed May 3, 1993.
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`Application Ser. No. 56,501 is a continuation of Ser. No. 849,226, filed March 10, 1992, Pat. No.
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`5,233,654, which is a continuation of Ser. No. 588,126, filed September 25, 1990, Pat. No.
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`5,109,414, which is a continuation of Ser. No. 96,096, filed September 11, 1987, Pat. No.
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`4,965,825, which is a continuation-in—part of Ser. No. 829,531, filed February 14, 1986, Pat. No.
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`4,704,725, which is a continuation of Ser. No. 317,510, filed November 3, 1981, Pat. No.
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`4,694,490.
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`U.S. Patent No. 5,335,277 is part of a chain of patents that includes additional issued
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`patents and various pending applications. Application Ser. No. 113,329, filed August 30, 1993,
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`which remains pending, is a continuation of application Ser. No. 56,501. Various applications
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`claim priority to Application Ser. No. 113,329, including application Ser. No. 470,571, filed June
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`6, 1995; application Ser. No. 487,526, filed June 7, 1995; and application Ser. No. 480,060, filed
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`June 7, 1995, now Pat. No. 5,887,243.
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`Each of appellant’s seven related patents are involved in reexamination proceedings. The
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`reexamination proceedings pending against appellant’s related issued patents are as follows:
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`Pat. N0. 4,694,490
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`Control No. 90/006,800,
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`Pat. No. 4,704,725
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`Control Nos. 90/006,697 and 90/006,841
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`Pat. No. 4,965,825
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`Control No. 90/006,536,
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`Pat. No. 5,109,414
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`Control No. 90/006,838,
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`Pat. No. 5,233,654
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`Control Nos. 90/006,606, 90/006,703 and 90/006,839, and
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`Pat. No. 5,887,243
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`Control No. 90/006,688.
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`The above applications and patents have been involved in the following appeals and
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`judicial proceedings.
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`Pat. Nos. 4,965,825; 5,109,414 and 5,335,277 were asserted in the U.S. District Court,
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`Eastern District of Virginia in Personalized Mass Media Corp. v. The Weather Channel, Inc. et
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`al., Doc. No. 2:95cv242. The case was settled prior to any substantive decision by the Court,
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`although one procedural decision was published at 899 F.Supp. 239 (E.D.Va. 1995).
`
`[3,
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`ATTORNEY DOCKET: 52090000411
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`CONTROL NUMBERS: 90/006,563
`90/006,698
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`Pat. No. 5,335,277 was involved in the matter of Certain Digital Satellite System (DDS)
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`Receivers and Components Thereof before the United States International Trade Commission
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`(“Commission”), Investigation No. 337-TA-392. The Administrative Law Judge (“ALJ”) issued
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`an “Initial Determination Granting Motion for Summary Determination of Invalidity of Claim 35
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`of the ‘277 Patent” on May 16, 1997. This determination was appealed to the U.S. Court of
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`Appeals for the Federal Circuit (“Federal Circuit”), which affirmed the Commission decision in a
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`decision decided January 7, 1999. The ALJ issued “Initial and Recommended Determinations”
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`on October 31, 1997. The Commission adopted certain of the ALl’s findings and took no
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`position on certain other issues in a “Notice Of Final Commission Determination Of No
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`Violation Of Section 337 Of The Tariff Act Of 1930,” dated December 4, 1997. This
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`determination was appealed to the Federal Circuit, which affirmed-in—part, reversed-in—part,
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`vacated-in-part, and remanded in a decision decided November 24, 1998, and published at 161
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`F.3d 696, 48 U.S.P.Q.2d 1880. On remand, the complainant moved to terminate the
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`investigation. The Commission issued a “Notice Of Commission Decision To Terminate The
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`Investigation And To Vacate Portions Of The Initial Determination” on May 13, 1999.
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`Pat. Nos. 4,965,825; 5,109,414 and 5,335,277 were asserted in the U.S. District Court,
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`Northern District of California in Personalized Media Communications, LLC v. Thomson
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`Consumer Electronics et al., Doc. No. C-96 20957 SW (EAI). The case was stayed during the
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`Commission proceedings and was thereafter voluntarily dismissed by the plaintiffs. The Court
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`issued no substantive decisions.
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`Each of the related issued patents with the exception of Pat. No. 4,704,725 is also
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`asserted in the U.S. District Court, District of Delaware in Pegasus Development Corp. v.
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`DIRECTV Inc., Doc. No. CA 00-1020 (“Delaware Action”). Special Master Robert L. Harmon
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`has issued a “Report And Recommendation Of Special Master Regarding Claim Construction.”
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`On March 29, 2003, Special Master Harmon issued at letter clarifying his report. The Court has
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`taken no further action in thiscase as it has been stayed pending the resolution of the
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`reexamination proceedings.
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`Each of the issued patents has also been asserted in a suit pending in the U.S. District
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`Court, Northern District of Georgia in the case styled Personalized Media Communications, LLC
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`v. Scientific-Atlanta, Inc. et al., Doc. No. 1:02-CV-824 (CAP) (“Atlanta Action”). The Court has
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`issued an order construing the claims at issue that adopts with minor modifications the Special
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`ATTORNEY DOCKET: 52090.00041 1
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`CONTROL NUMBERS: 90/006,563
`90/006,698
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`Master’s Report and Recommendation construing the claim term disputed in that litigation. The
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`Court has taken no further action in this case as it has been stayed pending the resolution of the
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`reexamination proceedings.
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`In pending Application Ser. No. 113,329, an appeal was noticed on August 20, 1996, and
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`briefed September 13, 1996. Prosecution was reopened without consideration and the disputed
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`rejection withdrawn in an Office action mailed October 10, 1997. V
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`An appeal was noticed on September 20, 2004, in Application Ser. No. 470,571. An
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`Appeal Brief was submitted on February 8, 2005. An Examiner’s Answer was mailed on
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`October 6, 2005. A Reply Brief was filed on December 6, 2005. On April 11, 2006, the Board
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`issued an Order Returning Undocketed Appeal to Examiner. A Substitute Appeal Brief was filed
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`April 26, 2006. A new Examiner’s Answer was mailed on June 27, 2006. A new Reply Brief
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`was filed on July 3, 2006. This appeal is awaiting docketing at the Board.
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`An appeal was noticed on October 7, 2004, in Application Ser. No. 487,526. An Appeal
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`Brief was filed on March 7, 2005. An Exarniner’s Answer was mailed on January 31, 2006. A
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`Reply Brief was filed on March 27, 2006. The Reply Brief was noted on June 23, 2006.
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`An appeal was noticed on October 18, 2005, and briefed December 19, 2005, in
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`reexamination Control No. 90/006,800, regarding U.S. Patent 4,694,490. The Examiner’s
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`Answer was mailed July 21, 2006.
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`An appeal was noticed on October 24, 2005, and briefed December 27, 2005, in merged
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`reexamination Control Nos. 90/006,697 and 90/006,841, regarding U.S. Patent 4,704,725. The
`Examiner’s Answer was mailed April 21, 2006. A Reply Brief was filed June 21, 2006.
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`An appeal was noticed on May 30, 2006, and briefed June 30, 2006, in merged
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`reexamination Control Nos. 90/006,606, 90/006,703, and 90/006,839, regarding U.S. Patent
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`5,233,654.
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`ATTORNEY DOCKET: 52090.000411
`CONTROL NUMBERS: 90/006,563
`90/006,698
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`Status Of Claims
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`U.S. Patent 5,335,277 issued with claims 1-56. These claims are subject to
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`reexamination. The Examiner confirmed claims 1, 5, 8, 9, 16, 21, 24-26, 29, 31, 34, 36, 37, 39,
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`40, 43, 53 and 54 in the final Office action mailed March 16, 2006 (Office Action). The
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`Examiner rejected claims 2-4, 6, 7, 10-15, 17-20, 22, 23, 27, 28, 30, 32, 33, 35, 38, 41, 42, 44-52,
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`55 and 56 in the Final Office Action. In the Advisory Action mailed July 21, 2006 (Advisory
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`Action), the Examiner withdrew the rejection of and confirmed claim 3. Appellant appeals the
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`final rejections of claims 2, 4, 6, 7, 10-15, 17-20, 22, 23, 27, 28, 30, 32, 33, 35, 38, 41, 42, 44-52,
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`55 and 56.
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`ATTORNEY DOCKET: 5209000041 1
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`CONTROL NUMBERS: 90/006,563
`90/006,698
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`Status Of Amendments
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`Appellant proposed an amendment to claim 56 in the Amendment and Response filed
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`May 16, 2006. The proposed amendment corrects a clear typographical error in the issued claim.
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`The Examiner has not entered the proposed amendment. The Examiner provides no reasons for
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`refusing to enter the proposed amendment. No other amendments to the claims have been filed
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`subsequent to the final rejection.
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`ATTORNEY DOCKET: 5209000041 1
`CONTROL NUMBERS: 90/006,563
`90/006,698
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`Summary Of Claimed Subject Matter
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`The appealed claims are generally directed to processing signals in a communications
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`system such a television distribution system. A concise explanation of the subject matter defined
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`in each of the independent claims involved in the appeal is set forth below.
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`1. Claim 2
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`Claim 2 defines a method of processing control signals and controlling equipment at a
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`remote site based on a broadcast transmission. The method includes a step of receiving at a
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`remote site a broadcast carrier transmission. The broadcast carrier transmission is demodulated
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`to detect an information transmission therein. Control signals associated with the information
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`transmission are detected and identified at the remote site. A portion of the control signals is
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`passed to a computer control means at the remote site. A selected portion of the control signals
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`is compared with a code inputted into said computer control means on the basis of information
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`contained in the information transmission. A printing means is activated when the comparison
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`step provides a match between the inputted code and the selected portion of the control signals.‘
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`The ’277 patent discloses numerous examples of processing control signals and
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`controlling equipment at remote receiver stations based on broadcast transmissions. The
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`disclosure is based on the signal processor, shown in Figure 2, which receives broadcast
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`transmissions. (Col. 18,11. 17-42.) The signal processor includes decoders that detect signal
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`information embedded in the received transmission. (Col. 18, 11. 43-55.) The decoders include
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`demodulators for defining the television signal. (Col. 21, 11. 27-35.) The signal processor
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`includes a computer control means or controller device. (Col. 20, 11. 34-53; col. 22, ll. 26 - col.
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`23, 1. 52.) In one example related to a television program on cooking techniques, the receiver
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`station prints a recipe and shopping list based on the request of the user.
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`(C01. 261, et seq.) The
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`1 Appellant notes that the claims as issued include several typographical errors. Appellant submits that these
`typographical errors would be readily apparent to one of ordinary skill in the art and do change the meaning of the
`claim. The claim summaries set forth how one of ordinary skill would interpret the claim language. For example,
`claim 2 includes a “step of comparing a selected position of said control signals with a code imputted into said
`computer control means.” Claim 2 subsequently refers to “the selected portion of the control signals.” One of
`ordinary skill would readily recognize that “imputted” is “inputted” misspelled and that “a selected portion of said
`control signals” is compared with the inputted code.
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`ATTORNEY DOCKET: 52090.0004l 1
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`CONTROL NUMBERS: 90/006,563
`90/006,698
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`cooking show transmission is received at a remote subscriber station.
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`(C01. 262, 11. 4-32.) The
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`system detects an information message addressed to the signal processor in the transmission.
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`(C01. 263, ll. 1-9.) The message includes an information segment of instructions or control
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`signals. (Id.) The instructions are passed to a controller.
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`(C01. 263, 11. 10-23.) A code inputted
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`to the controller (C01. 262, 11. 48-64) is compared with the instructions on the basis of the
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`embedded message.
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`(C01. 263, 11. 24-45.) When the comparison provides a match, a printer is
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`activated to print the recipe and shopping list. (Col. 264, 11. 9-55.)
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`2. Claim 4
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`Claim 4 is directed to a data receiver system. The system includes a switch. The switch
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`is for selecting either a first input or a second input. The first input is of a broadcast
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`transmission. The second input is of a cablecast transmission. The switch transfers the selected
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`transmission to a digital detector. The system includes a controller for causing the switch to
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`select either the first input or the second input. The system further includes a digital detector for
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`detecting digital data in the selected transmission and relaying the data to a data processor.
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`The ’277 patent includes a data receiver system, which includes a signal processor, which
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`in turn includes a switch. (Col. 18,11. 21-24.) The switch is used to select either a broadcast
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`transmission or a cablecast transmission. (Col. 18,11. 35-36.) A local oscillator and switch
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`control causes the switch to select either the broadcast input or the cablecast input. (Col. 18, 11.
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`30-39.) The output of the switch passed to a TV signal decoder (col. 18, 11. 35-39), which
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`includes digital detectors that detect digital data in the selected transmission (col. 21, l. 19 — col.
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`22, l. 2). The digital data is relayed to recited signal processors. (Col. 18, l. 43 - col. 19, l. 13.)
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`3. Claim 6
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`Claim 6 is directed to a system for locating or identifying a predetermined signal in a
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`television program transmission in which various signal types are transmitted. The signal is
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`transmitted in a varying location or a varying timing pattern. The transmission is one being
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`separately defined from standard analog video and audio television. The system includes a
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`digital detector for receiving at least some information of the transmission and detecting the
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`predetermined signal at a specific location or a specific time. A controller, programmed with
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`ATTORNEY DOCKET: 520900004] 1
`CONTROL NUMBERS: 90/006,563
`90/006,698
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`either the varying locations or the varying timing pattern of the signal, causes the detector to
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`detect the signal.
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`The ’277 patent discloses embedded signals that are used to inform and control television
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`receiver stations at which they are received. (Col. 9, 11. 56-60.) The specification discloses the
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`use of television program transmissions that are separately defined from standard analog video
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`and audio television. (Col. 21, 1. 62 - col. 22, l. 2; col. 255, ll. 42-56; col. 258, 11. 22-42)
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`(disclosing digital television transmissions). See also Figure 2A “Path C,” described as a
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`separately defined transmission, entering digital detector 38. Signal processors at the receiver
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`stations receive the signals in television program transmissions. The specification discloses the
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`use of a digital detector to receive information in a transmission. (Col. 21, 1. 33 - col. 22, l. 2;
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`col. 22,11. 21-35;col. 22, l. 63 - col. 23, l. 4; col. 52,11. 1-11;col. 53,11. 19-27; col. 13,1. 68 -
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`col. 14, l. 7; Figs. 2A-C and 3A.) Controllers are programmed with information of the
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`composition of a specific signal or the varying location or the varying timing pattern of the
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`signal. (Col. 9, 11. 42-47; col. 139,1. 54 - col. 140,1. 10; col. 255, l. 42 - col. 256,1. 19.) See also
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`Figures 2E-2K (exemplary signal composition formats used to detect particular signals). The
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`controllers cause the detectors to detect the specific signal. (Col. 21, l. 67 - col. 22, 1. 2; col. 22,
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`ll. 36 - 62; col. 23, l. 49 - col. 24,1. 2; col. 255,1. 47 - col. 256,1. 23; col. 20,11. 34-53; col. 18,11.
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`29-34.)
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`4. Claim 7
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`Claim 7 is directed to a system for locating or identifying a specific signal in a television
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`program transmission and assembling information contained in the specific signal. The
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`transmission is one being separately defined from standard analog video and audio television.
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`The system includes a digital detector for receiving at least some information of the transmission
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`and detecting the specific signal at a specific location or time. A storage device is used for
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`receiving detected digital information of the specific signal and assembling some of the digital
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`information into information or instruction message units. A controller, programmed with
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`information of the composition the signal or with a varying location or varying timing pattern of
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`the signal, causes the detector to locate, detect or output the signal. The controller controls a
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`technique used by the storage device to assemble message units.
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`I0
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`ATTORNEY DOCKET: 52090.00041 I
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`CONTROL NUMBERS: 90/006,563
`90/006,698
`
`The ’277 patent discloses embedded signals that are used to inform and control
`
`television receiver stations at which they are received. (Col. 9, 11. 56-60.) The specification
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`discloses the use of television program transmissions that are separately defined from standard
`
`analog video and audio television. (Col. 21, 62 - col. 22, 1. 2; col. 258, 11. 22-42) (disclosing
`
`digital television transmissions). See also Figure 2A “Path C,” described as a separately defined
`
`transmission, entering digital detector 38. Signal processors at the receiver stations receive the
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`signals in television program transmissions. The specification discloses the use of a digital
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`detector to receive information in a transmission. (Col. 21, 1. 33 - col. 22, l. 2; col. 22, 11. 21-35;
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`col. 22,1. 63 — col. 23, l. 4; col. 52,11. 1-11;col. 53,11. 19-27; col. 13,1. 68 - col. 14, l. 7; Figs.
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`2A-C and 3A.) A buffer/comparator is disclosed that receives detected digital information and
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`assembles the digital information into information or message units. (Col. 18, 1. 56 - col. 19, l.
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`13; col. 19, 1. 52 - col. 20, l. 25.) The signal processor assembles information into information or
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`instruction message units. (Col. 10, 11. 17-33; col. 15, 11. 30-33 and 48-50.) Controllers are
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`programmed with information of the composition of a specific signal or the varying location or
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`the varying timing pattern of the signal.
`
`(Col. 9, 11. 42-47; col. 139, l. 54 - col. 140, l. 10; col.
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`255,1. 47 - col. 256, l. 19.) See also Figures 2E-2K (exemplary signal composition formats used
`
`to detect particular signals). The controllers cause the detectors to locate, detect or output the
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`specific signal. (Col. 21, l. 67 - col. 22, 1. 2; col. 22, ll. 36 - 62; col. 23, 1. 49 ~ col. 24,1. 2; col.
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`255, l. 47 - col. 256, l. 23; col. 20, 11. 34-53; col. 18, 11. 29-34.) The controllers further control
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`how the storage devices assemble message units. (Col. 22, 1. 63 - col. 23, 1. 42; col. 20, ll. 34-
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`53.)
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`5. Claim 10
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`Claim 10 is directed to a television receiver system. The system includes a receiver that
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`receives a selected portion of a television program transmission that is not a standard television
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`signal. A digital detector receives the selected portion and detects a digital signal. A storage
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`device is used to receive detected digital information and assemble the detected information into
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`message units. A controller controls the receiver to pass selected information to the detector,
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`controls the detector to pass detected information to the storage device and controls the storage
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`device to assemble the detected information into message units.
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`ATTORNEY DOCKET: 5209000041 1
`CONTROL NUMBERS: 90/006,563
`90/006,698
`
`The ’277 patent discloses receiver stations that receives a selected portion of a digital
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`television program transmission, thus receiving a transmission that is not a standard analog
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`television signal.
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`(C01. 162, 11. 16-33; C01. 255, 11. 45-47.) See also Figure 2A “Path C,”
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`described as a separately defined, i.e., non-standard, transmission, entering digital detector 38.
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`Digital detectors receive selected portions of the transmission and detect a digital signal.
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`(C01.
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`163, 11. 1-36 and 50-63.) Message units are assembled from the received detected information in
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`memory.
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`(C01. 163, l. 64 - col. 164, 1. 29.) Controllers control the passage of digital information
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`through the receiver, digital detector and memory. (Col. 20, 11. 34-53; col. 8, 11. 25-44, col. 11, 11.
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`2-9; col. 162, 11. 44-49.)
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`6. Claim 11
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`Claim 11 is directed to a television receiver system. The system includes a first processor
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`for receiving information of a selected television programming transmission and detecting a
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`specific signal in the transmission based upon a location or timing pattern of the specific signal
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`in the transmission. The first processor is programmed with information of a varying location or
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`timing pattern. A second processor receives and processes information of the specific signal and
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`identifies when and where to pass the information based on the information and passes the
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`information.
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`The ’277 patent discloses a television receiver systems with first processors programmed
`with information of varying location or varying timing patter of a specific signal. (Col. 9, ll. 37-
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`47; col. 9, 1. 61 - col. 10,1. 16 ; Col. 17,]. 48 - col. 18,1. 16; col. 48, l. 35 - col. 49, l. 46.) A
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`second processor receives signals (instructions) from the first processor and passes information
`
`upon identifying when and where to pass information. (Col. 27, 1. 64 - col. 28, l. 9; col. 49, l. 64
`
`- col. 50,1. 15.)
`
`7. Claim 12
`
`Claim 12 is directed to reprogrammable system. The system includes a digital detector
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`that receives information of a transmission and detects digital signals in the transmission. The
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`digital signals include new operating instructions. A processor receives and processes
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`information of some of the digital signals, identifying the operating instructions addressed to the
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`processor. The processor instructs the detector to detect and pass specified digital signals. A
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`I2
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`memory device holds operating instructions addressed to the processor. The operating
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`instructions control the operation of the processor. The processor loads the operating
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`instructions addressed to the processor into the memory device. The operating instructions
`
`include instructions to cause the processor to cause the detector to detect different signals.
`
`The ’277 patent discloses reprogrammable receiver stations. These receiver stations
`
`include digital detectors that receive information of a transmission and detect signals in the
`
`transmission, including new operating instructions. (Col. 21, l. 33 - col. 22, l. 2; col. 22, ll. 21-
`
`35; col. 22, l. 63 - col. 23,l.4; col. 52,11. 1-11; col. 53,11. 19-27; col. 13,1. 68 - col. 14,1. 7.)
`
`The specification discloses that the receiver stations include processors that receive and process
`
`information of some of the detected digital signals. (Col. 13, 11. 8-32, col. 287, 1. 37 - col. 288,1.
`
`8; col. 289, ll. 28-66.) The disclosed processors identify the operating instructions addressed to
`
`themselves and instruct the detectors to pass the specified signals.
`
`(C01. 290, l. 48 - col. 291, l.
`
`16; col. 291, 1. 38 - col. 292, l. 2.) Memory devices are disclosed that hold operating instructions
`
`addressed to the processor. (Col. 287, l. 53 - col. 288, l. 8; col. 291, 11. 6-16; col. 292, 11. 32-61;
`
`col. 294, ll. 13-67.) The specification discloses that the processors load the addressed operating
`
`instructions into the memory device.
`
`(C01. 292, l. 61 - col. 293, l. 14.) The processors operate
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`under the new instructions to detect further signals.
`
`(C01. 294, l. 13 - col. 295, 1. 17; col. 295, l.
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`55 - col. 296, l. 19.)
`
`8. Claim 13
`
`Claim 13 is directed to a signal processing system. The system comprises a digital
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`detector that detects digital signals. A processor receives and processes information of a signal
`
`detected by the detector. The processor processes the received signal to identify how and where
`
`to pass the information. Various apparatus are operatively connected to the processor. The
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`processor transfers the detected signals to the apparatus to which the signals are addressed or are
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`to be controlled by the signals. A memory device holds operating instructions that control the
`
`processor. A controller controls the detector in its detection of signals.
`
`The ’277 patent discloses a signal processing system at receiver stations that include
`
`digital detectors. (Col. 21, l. 27 - col. 22, 1. 2.) The receiver stations include processors that
`
`receive information of detected signals and identify how and where to pass information. (Col. 19,
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`ll. 31-51; col. 17, 11. 50-54.) The processor transfers detected signals to equipment such as
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`ATTORNEY DOCKET: 52090.00041 1
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`processors, buffers, computers, and video tape recorders and players to which the signals are
`
`addressed and/or are controlled by the signals. (Col. 10, 1. 58 - col. 11, 1. 1; col. 24 11. 18-32; col.
`
`49, 11. 54-63; col. 85, 11. 1-33.) The receiver stations include memory devices hold operating
`
`instructions for the processors. (Col. 19,11. 21-29; col. 85, 11. 1-33.) The receiver stations
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`include controllers that control the detectors. (Col. 22, 11. 36-62; col. 23, 11. 29-42; see Figures
`
`2A-C).
`
`9. Claim 14
`
`Claim 14 sets forth a television receiver station. The television receiver station includes
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`receiver/distributors with at least one receiving a television program transmission including
`
`television programming and programming identification signals. An output device displays the
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`television program or transmits the television programming to a remote subscriber station. A
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`storage device receives and stores television programming. Means for selectively receiving
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`television programming from the receiver/distributors or the storage device and transferring the
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`received television programming to either the storage device or the output device are employed.
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`A processor receives the programming and the programming identification information. A
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`controller receives specific unit programming information identification information, identifies a
`
`specific unit of television programming received at a specific receiver/distributor by comparing
`
`received identification information to scheduled program identification information, and passes
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`programming to either the output device or to the storage device based upon the scheduled
`
`information.
`
`The ’277 patent disclose both intermediate transmission stations (col. 181, 1. 67 - col.
`
`182, 1. 28) and ultimate receiver stations (col. 218, 11. 3-26) that receive television programming.
`
`Both of these receiver stations include receivers and distributors that receive television
`
`programming transmissions that include television programming and programming
`
`identifications signals.
`
`(C01. 182, 11. 55 — 68; col. 183, 11. 19 — 23; col. 184, ll. 19 — 23; col. 185,
`
`11.18 — 23;co1. 189,11. 6 —18;col. 193,11. 15 — 18;co1. 50,11. 51 — 53; col. 139,11. 51 — 53; col.
`
`140,11. 21 — 41; col. 141,11. 37 — 42; col. 141,1. 68 — col. 142,1. 24; col. 239, lines 27-45.) The
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`intermediate transmissions stations have output devices for transmitting television programming
`
`to remote subscriber stations and the ultimate receiver stations have output devices comprising
`
`television monitors. (col. 182,11. 14 — 22; col. 182,1. 55 — col. 183, 1. 4; col. 184, 1. 10- 35; col.
`
`14
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`ATTORNEY DOCKET: 52090.00041 1
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`219,11. 12-23.) The receiver stations include storage devices that receive and store television
`
`programming. (Col. 182,11. 14 — 28; col. 183,11. 31- 38; col. 184,11. 36 — 57; col. 192,1. 55 —
`
`col. 193,1. 7;co1. 194, 11.42 — 65, col. 218,11. 64 - 67; col. 248, 1. 32 — col. 249, 1. 7.) The
`
`receiver stations include matrix switches that receive programming form receivers and storage
`
`devices (col. 183,1. 62 — col. 185, 1. 7; col. 193,1. 15 — 68; col. 194,1. 66 — col. 195, 1. 27; col.
`
`195,1. 57 — col. 196,1. 22; col. 219,11. 2 — 11; C01. 219,11. 54 — 66;col. 239,11. 27 — 37; col. 240,
`
`11. 4 — 22; col. 242, 1. 60 — col. 244,1. 28; col. 244, 1. 59 — col. 246, 1. 16) and transfer
`
`programming to storage devices and output devices (col. 184, 11. 15 — 57; col. 192, 1. 55 — col.
`
`193,1. 7; col. 194,11. 1 -41; co]. 246, 1.43 — col. 247, 1. 4; col. 247,1. 67 — col. 249, 1. 27). The
`
`receiver stations include processors that receive programming and programming identification
`
`information.
`
`(C01. 182, 1. 45 — col. 183, 1. 4; col. 191, 11. 44 — 48; col. 193, 11.44 — 48;co1. 193,
`
`11.56 — 60; col. 196,11. 51- 55; col. 17,1. 50 — col. 21,1. 13; col. 24, 11. 18 — 33;Co1. 220,11. 16 —
`
`51;co1. 239,11. 27-37; col. 242,1. 60 — col. 244,1. 28;col. 244,1. 59 — col. 245, 1. 19; col. 245, 1.
`
`50 — col. 246, 1. 16.) The receiver stations include controllers. (C01. 183, 11. 8 —— 10; col. 220, 1.
`
`52 — col. 221, 1. 14.) The controllers receive specific unit programming information.
`
`(C01. 183,
`
`11.5 — 7; col. 191, 11. 40 — 48; col. 193, 1. 15 — col. 194,1. 41; col. 194,1. 66 — col. 195,1. 27; col.
`
`195, 1. 57 — col. 196, 1. 22; col. 238, 1. 48 — col. 239, 1. 26.) The controllers identify a specific
`
`unit of television programming received at specific receiver by comparing received identification
`
`information to aschedule.
`
`(C01. 183, 1. 38 —col. 184,1. 15; col. 193,1. 15 —col. 194,1. 6;co1.
`
`194,1. 66 — col. 195, 1. 27; col. 195,1. 57 — col. 196, 1. 22; col. 243,11. 37 — 54.) The controllers
`
`pass programming to output devices and storage devices based upon schedule information. (Col.
`
`184,11. 10 — 57; col. 192, ll. 55 — col. 193, 1. 7; col. 194,11. 1 — 41; col. 247, 1. 67 — col. 249,1.
`
`27.)
`
`10. Claim 15
`
`Claim 15 sets forth a method for identifying and selecting television programming. The
`
`method occurs in a system that directs selected television programming to a television output or
`
`storage. The system includes a processor for receiving and processing at least part of the
`
`television programming transmission, a means for transferring the programming selectively from
`
`a television programming receiver to a television programming output device or storage device,
`
`and a c