throbber
9‘ W3 K
`/pi:/Télgfq
`
`mé
`
`Examiner:
`
`Groody, I.
`
`Group Art Unit:
`
`2607
`
`Atty Dkt.
`
`5634,0304
`
`l31‘llillllllllllllllllllllllllllli‘
`if ‘F Wm/97
`'9
`
`’?
`
`In Re Application of:
`
`Iohn C. Harvey and Iames W. Cuddihy
`
`Serial No.
`
`08/485,507
`
`Filed:
`
`For:
`
`]une 7, 1995
`
`SIGNAL PROCESSING APPARATUS
`AND METHODS
`
`xyx/\/s/5/\/\/\/\_z\J\4
`
`Honorable Commissioner of Patents
`and Trademarks
`
`Washington, D.C. 20231
`
`Sir:
`
`AMENDMENT AND REQUEST FOR RECONSIDERATION
`
`In response to the Office Action mailed on December 10, 1996. Applicants submit
`
`the following Amendment and Remarks.
`
`It is not believed that extensions of time or fees for net addition of claims are
`
`required, beyond those which may otherwise be provided for in documents
`
`accompanying this paper. However, in the event that additional extensions of time are
`
`necessary to allow consideration of this paper, then such extensions of time are hereby
`
`petitioned under 37 CFR § 1.136(a), and any fees required therefor (including fees for
`
`net addition of claims) are hereby authorized to be charged to Howrey & Simon Deposit
`Account No. 08-3038.
`
`I.
`
`AMENDMENT
`
`Kindly enter the following amendment:
`
`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
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`Page 1
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 1
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`

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`».
`‘aw’
`D
`
`.
`
`'
`
`'0
`
`\
`
`In the Clai
`
`s:
`
`Please a end the claims as follows:
`
`3.
`
`(Amended) A method of enabling a programming presentation at a
`
`receiver station, said receiver station having a receiver for receiving at least so r e of an
`
`information transmission,i one [or more] enabling device operativ
`
`connected
`
`to said receiver, a processor operatively connected to 1 at least on of said one or
`
`more] enabling device[s], and an output device operatively co v ected to g at least
`one [of said one or more] enabling device[s], said method cmprising the steps of:
`
`receiving grid [an] information transmission fro v. if a local source and a [or]
`
`remote source, said information transmission cont a ing disabled information;
`
`detecting the presence of an instruct—to— -.. able signal, said instruct-to-enable
`
`‘ signal designating enabling information;
`
`passing said instruct—to—enable s" ; alto said processor;
`
`modifying a fashion in whic said receiver station locates [, identifies, or
`
`receives] sag enabling informat‘ n in response to said instruct—to-enable signal;
`
`locating [, identifyin or receiving] said enabling information based on said step
`
`of modifying a fashion;
`
`enabling said 2 isabled information based on said step of locating [, identifying,
`
`or receiving] said nabling information; and
`
`outpu v g said programming presentation based on said step of enabling said
`
`disabled " v ormation.
`
`APPLE Exhibit 1043
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`Apple v. PMC
`lPR2016-00755
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`Page 2
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 2
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`

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`I
`
`I
`J
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`.
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`I
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`.
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`4.
`
`(Amended) The method of claim 3, wherein said enabling information
`
`
`
`(Amended) The
`
`.5.
`
`a second instruct—to—enable sign
`
`
`
`at least some of said enabling '
`
`
`
`
`to said receiver, a processor
`
`more] enabling deVice[s
`
`.u d an output de ce operatively connected to said at least
`
`
`
`
`one [of said 0
`
`'
`
`-
`
`..
`
`'
`
`-
`
`vice[s], said method comprising the steps of:
`
`APPLE Exhibit 1043
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`Apple v. PMC
`lPR2016-00755
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`Page 3
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 3
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`

`

`9
`
`u
`
`'
`
`J)
`
`.
`
`(1)
`
`receiving said [an] information transmission at a transmission st tion, said
`
`information transmission containing disabled information;
`
`
`
`(2)
`
`generating an instruct-to-enable signal designating enab
`
`g information,
`
`
`
`said instruct-to-enable signal effective to cause said receiver stati
`
`to enable said
`
`disabled information by modifying a fashion in which said r eiver station one of
`
`,
`
`locates, identifies, and [or] receives said enabling inform on; and
`
`
`
`
`
`(3)
`
`transmitting said [broadcast or cablecas
`
`information transmission and
`
`said instruct—to—enable '
`
`
`
`C/K _ informationtransmission,
`
`
`
`9.
`
`(Amended) A In hod 0 ~ ab ' g a programming presentation at a
`
`receiver station, said receiver st ion hav'
`
`; a eceiver for receiving at least some of an
`
`at lea t one
`
`-~ abling device operatively connected
`
`v
`
`to said receiver, a processor op rati ely connecte
`
`to said at least one [of said one or
`
`information, said infor ' ation transmission to be transmitted;
`
`(2)
`
`receiv' v g an instruct signal which is effective to accomplish one of:
`
`(a)
`
`
`
`[effect] effecting a [transmission] transmitter station to generate an
`
`instruct—to-enale signal designating enabling information, said instruct—to—enable
`
`signal effect’ e to cause said receiver station to [enable said disabled information by]
`
`'
`
`,
`
`] a fashion in which said receiver station one of locates, identifies, [or] and
`
`
`
`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
`
`Page 4
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 4
`
`

`

`'
`
`'
`
`F’
`
`‘
`
`.
`
`receives said enabling information and enable said disabled information based on :.‘
`
` [or] and
`
`
`
`
`fb)
`
`efmiflgicl [effect a] receiver station to ; - - rate [an] i
`
`signal effective to cause said rceiver station .u ' able said disabled information by
`
`modifying a fashion in whic said rec er statio locates, identifies, or receives said
`
`
`instruct-to-enable signal desi r ating - .. 'd enabling info vr ation[, said instruct—to-enable
`
`
`
`(3)
`receiving -
`mittercontrolsign whichoperatesatsaidtransmitter
`
`
`enabling information];
`
`Q)
`
`
`
`transmitting said information transmission, said instruct signal and said
`
`A transmitter control signal.
`
`' Please dd the following claims:
`
`,
`
`10.
`
`The method of claim 8, further comprising t - step of transmitting said
`
`ffective to cause said transmitter station
`
`'fy, and receive said enabling information
`
`
`to cause said trans itter station to transmit said enabling information in a manner
`
`which is effec ‘e to cause said receiver station to one of locate, identify, and receive
`said enabl' g information in said modified fashion.
`
`
`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
`
`Page 5
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 5
`
`

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`13
`
`A method of enabling a programming presentation at a receive station,
`
`said receiver station having a receiver for receiving at least some of an ' vormation
`
`
`
`transmission, at least one enabling device operatively connected to s - d receiver, a
`
`processor operatively connected to said at least one enabling devie, and an output
`
`
`
`device operatively connected to said at least one enabling devi e, said method
`
`
`
`receiving said information transmission from one f a local source and a remote
`
`comprising the steps of:
`
`9%
`
`
`
`information; and
`
`outputting said pro - vs mming presentation based on said step of enabling said
`
`disabled information.
`
`
`
`14.
`
`A meth of enabling a programming presentation at a receiver station,
`
`said receiver stati having a receiver for receiving at least some of an information
`
`
`
`transmission, a east one enabling device operatively connected to said receiver, a
`
`processor 0 eratively connected to said at least one enabling device, and an output
`
`
`
`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
`
`Page 6
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 6
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`

`

`1‘
`
`.I
`
`device operatively connected to said at least one enabling device, said met od
`
`comprising the steps of:
`
`receiving said information transmission from one of a loca source and a remote
`
`source, said information transmission containing disabled in rmation;
`
`detecting the presence of an instruct-to-enable si al, said instruct—to—enable
`
`signal designating enabling information;
`
`The method of claim 14, further comprising the step of storing information
`
`evi encing said step of modifying a fashion in which said receiver station receives said
`
`: abling information.
`
`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
`
`Page 7
`
`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 7
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`

`

`’
`
`3
`
`.
`
`.
`
`17.
`
`The method of claim 13, further comprising the step of com cating to
`
`a remote station information evidencing one of said step of enabling said di . bled
`
`information and said step of outputting said programming presentation
`
`18.
`
`The method of claim 14, further comprising the step 0 communicating to
`
`a remote station information evidencing one of said step of ena ing said disabled
`
`information and said step of outputting said programming resentation.
`
`19.
`
`The me n - e
`
`:
`
`. "m 13, wherein said e = bling information includes a
`
`second instruct-to—enable si. al, said me -~ cl fur er comprising the step of delivering
`
`at least some of said progra
`
`ing presentatio t said output device based on said
`
`
`second instruct-to—enable si. al.
`
`0/
`
`20.
`
`enabling information includes a
`
`
`Themethod ofclaim14, hereinsai
`
`
`
`second instruct-to-enable si al, s cl method fu
`
`1 er comprising the step of delivering
`
`at least some of sa' s
`
`,- ora n
`
`g pres -
`
`. tion at said output device based on said
`
`second instruct-to—enable si 1-_ nal.
`
`21.
`
`The met d of claim 13, further comprising the step of storing at least
`‘w
`
`some of said enabl' r g information.
`
`22.
`
`J e method of claim 14, further comprising the step of storing at least
`
`some of sa' enabling information.
`
`The method of claim 3, wherein said disabled information contains
`
`tele . sion programming.
`
`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
`
`Page 8
`
`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 8
`
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`

`1
`
`.
`l
`
`.
`
`.
`
`24.
`
`The method of claim 3, wherein said disabled information conta'
`
`processor code.
`
`25.
`
`The method of claim 9, wherein said receiver station enab s television
`
`programming in accordance with said enabling information, said me od further
`
`3 comprising the step of transmitting said television programming.
`
`26.
`
`The method of claim 9, wherein said receiver st ion enables processor
`
`code in accordance with said enabling information, said -‘ hod further comprising the
`
`step of transmitting said processor code.
`
`27.
`
`The method of claim 10, wherein said eceiver station enables television
`
`programming in accordance -
`
`ith 2 ' enabling ' ormation, said method further
`
`comprising the step of trans
`
`itting said - ev' ion programming.
`
`The method of laim 10, wh rein = id receiver station enables processor
`
`
`
`28.
`
`29.
`
`The method f cl "
`
`13, wherein aid disabled information contains
`
`
`
`code in accordance with sai enabling ' ormatio , said method further comprising the
`
`step of transmitting said p ocessor ode.
`
`
`
`televis' - rogramming.
`
`30.
`
`The metho n of claim 13, wherein said disabled information contains
`
`processor code.
`
`31.
`
`Th method of claim 14, wherein said disabled information contains
`
`television pro amming.
`
`3
`
`The method of claim 14, wherein said disabled information contains
`
`proce or code.
`
`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
`
`Page 9
`
`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 9
`
`

`

`II.
`
`REMARKS AND REQUEST FOR RECONSIDERATION
`
`Claims 3-9 are pending in this application. Claims 3, 8-9, and 13-14 are
`
`independent claims. By the foregoing amendment, claims 3-6, and 8-9 are amended.
`
`New claims 10-32 are added. These changes are believed not to introduce new matter.
`
`Claims 3-32 are now pending in this application.
`
`Claim 5 stands rejected because of certain informalities cited by the Examiner.
`
`The rejection asserts that the claim language appears to be self-contradictory and that
`
`appropriate correction is required. Applicants have amended claim 5 to clarify the
`
`confusion regarding ”disabled information” and ”instruct to enable information.”
`
`Therefore, the Applicants respectfully request that this rejection be withdrawn.
`
`Rejections Under 35 U.S.C. § 112
`
`Claims 8-9 stand rejected under 35 U.S.C. § 112, second paragraph, as being
`
`indefinite. The rejection asserts that claim 8 lacks proper antecedent support. The
`
`Applicants have amended the claim to more clearly identify which elements are
`
`intended to be claimed in each limitation. Similarly, claim 9 was amended to more
`
`clearly identify which elements are intended to be claimed in each limitation.
`
`Therefore, the Applicants respectfully request that the rejection be withdrawn.
`
`Claims 3-9 stand further rejected under 35 U.S.C. § 112, second paragraph, as not
`
`being described in full, clear, concise and exact terms as to enable any person skilled in
`
`the art to make and use the same. Applicants respectfully traverse this rejection,
`
`however, in order to advance the prosecution of the present application, Applicants
`
`10
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`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
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`Page 10
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`APPLE Exhibit 1043
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`‘
`
`.
`
`.1
`
`1
`
`shall provide a summary of the pertinent disclosure including citation to examples
`
`supporting the claimed subject matter. The present application asserts priority based
`
`on the 1987 disclosure, filed on September 11, 1987, as Ser. No. 07/ 096,096, and issued
`
`October 23, 1990, as U.S. Pat. No. 4,965, 825.
`
`In their 1987 continuation-in—part specification, applicants disclose "an integrated
`
`system of programming communication" which encompasses many inventions and
`
`deliberately includes many embodiments. Their teaching technique is to introduce the
`
`principles of their integrated system in a series of related examples. Each example
`
`builds upon structure and principles introduced earlier. Examining basic principles in
`
`detail in early examples, enables the specification with concreteness to expand and
`
`extend the scope of the teaching in later examples.
`
`Starting with "One Combined Medium" on page 19 which focuses on the
`
`creation and delivery of a receiver specific graph in a broadcast or cablecast television
`
`program, "Wall Street Week," the specification introduces concepts of personalization of
`
`mass media and broadcast control of receiver station computing equipment. At page 28
`
`et seq. it describes apparatus that include signal processors and signal decoders and
`
`introduces the concept of a signal processor system. At page 40 et seq. it teaches the
`
`composition of signal information and the organization of message streams.
`
`Then in a series of four examples, #1 through #4, which begin on pages 108, 143,
`
`162, and 197 respectively, the specification demonstrates how receiver stations
`
`communicate signal processor apparatus and methods (”SPAM”) processor code and
`
`data of the integrated system of programming communication to some apparatus they
`
`11
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`APPLE Exhibit 1043
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`lPR2016-00755
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`l
`
`.
`
`.
`
`actuate, how decryption occurs, how metering and monitoring take place, and how
`
`actuated apparatus perform. Each example builds on concepts introduced earlier in the
`
`specification to provide a detailed teaching of its own subject matter, and a particularly
`
`important teaching occurs from pages 156 through 162 where the specification teaches
`
`the structure and operating capabilities of a controller of a decoder.
`
`Building on all that precedes it, example #5, which begins on page 248, then
`
`relates how the integrated system processes a multichannel communications system,
`
`which conveys different types of signals, in order to monitor programming availability
`
`and enable receiver station apparatus to receive desired programming.
`
`From pages 278 through 312, in example #6 and especially example #7, which
`
`includes both digital and analog television signals and relates to the "Wall Street Week"
`
`program (and which has further disclosure at pages 427 through 447), the specification
`
`teaches regulating reception and use of programming of the integrated system of
`
`programming communication.
`
`At page 312 et seq. it relates further monitoring concepts.
`
`From page 324 through page 390 the specification teaches a series of transmitter
`
`station and transmitter network concepts. This portion of the specification also relies on
`
`all previous disclosure in that special attention is given to intermediate transmission
`
`stations which, as receiver stations, respond to programming transmissions of the
`
`integrated system as well as storing, organizing, generating, and transmitting
`
`programming. At page 340 et seq. example #8 teaches distribution to, storage and
`
`organization at, and retransmission from intermediate transmission stations (”ITS”) of
`
`12
`
`APPLE Exhibit 1043
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`lPR2016-00755
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`Page 12
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`.
`
`.
`
`.'
`
`.
`
`SPAM programming —— most specifically television spot commercials. At page 354 et
`
`seq. example #9 teaches automating intermediate transmission station combined
`
`medium operations by describing how an intermediate transmission station responds to
`
`an intermediate generation set and other elements of the integrated system to generate
`
`processor code and data and transmit the code and data with SPAM programming --
`
`spot commercial unit Q of example #8 —— all of which are subsequently shown in the
`
`specification to operate at receiver stations to deliver receiver specific programming at
`
`video monitors, speakers, printers, and transmitters (telephones which communicate to
`
`remote data collection stations). At page 374 et seq. example #10 extends the transmitter
`
`and network automating concepts of examples #8 and #9 by disclosing a plurality of
`
`intermediate transmission stations generating processor code and data, in the fashion of
`
`example #9, and inserting different code and data into a network originated transmission
`
`of SPAM programming -- again the unit Q television spot commercial.
`
`From page 390 through 516, the specification discloses further ultimate receiver
`
`station (”URS") automation concepts, including regulating the URS environment (page
`
`396 et seq.), controlling multiple receivers and output devices to present coordinated
`
`output (page 406 et seq.), receiving selected programming of the integrated system (page
`
`419 et seq.), certain integrated system computer system concepts (page 427 et seq. ), whose
`
`example #7 (page 427 et seq.) description relies on the receiving selected programming
`
`concepts of pages 419-427. At page 447 et seq. the specification discloses certain data
`
`maintenance, timing control, efficiency, and other concepts involved in controlling
`
`combined media operations. At page 457 et seq. the specification discloses certain
`
`13
`
`APPLE Exhibit 1043
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`lPR2016-00755
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`timing, imaging, communication, and transmission processing concepts that relate to
`
`efficient delivery of integrated system programming. At page 463 et seq. the
`
`specification relates to user specific audio, print, and other combined media besides
`
`receiver specific video.
`
`With all this preparation, the specification teaches, from page 469 through page
`516, the combined media presentation of examples #9 and #10 at a plurality of ultimate
`
`receiver station (which are responding to signals sent by different intermediate
`
`transmission stations).
`
`At page 516 et seq. the specification discloses enhancing and extending
`
`functionality of the integrated system by reprogramming receiver apparatus and
`
`enabling receiver stations to process transmissions having new forms of composition.
`
`Finally, at page 533 et seq. the specification discloses "Summary Example” (#11)
`
`which teaches a very large scale integrated data processing and communications
`
`problem and its solution(s), using all of the disclosed integrated system with iterative
`
`broadcasting, response, and refinement.
`
`Because of the integrated nature of the disclosure, no part of the specification is
`
`intended to by considered in isolation. However, in the present application, the claims
`
`relate to modifying a fashion in which a receiver station locates enabling information in
`
`response to an instruct-to-enable signal. One place where the specification discloses
`
`such modifying begins on page 279 line 4 and goes through page 286, line 6. Another
`
`place in the specification disclosing modifying a fashion is from page 457 through 463.
`
`The claims also relate to enabling disabled information in response to an instruct-to-
`
`14
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`APPLE Exhibit 1043
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`Apple v. PMC
`lPR2016-00755
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`Page 14
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`APPLE Exhibit 1043
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`enable signal. One place where the specification discloses enabling information and
`
`disabled (encrypted) information begins on page 297 line 20 and goes through to page
`
`298, line 21.
`
`Applicants provide these specific embodiments in support of the pending claims
`
`as by way of example only. The claims must be read as broadly as is reasonable in light
`
`of the specification, and Applicants in no way intend that their submission of
`
`excerpts / examples be construed to unnecessarily restrict the scope of the claimed
`
`subject matter.
`
`Applicants therefore request that the rejection of Claims 3-9 under U.S.C. § 112,
`
`second paragraph, be withdrawn.
`
`Rejections under 35 U.S.C. § 102
`
`Claims 3-6 and 8 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
`
`U.S. Patent No. 4,054,911 to Fletcher et al. (”Fletcher”).
`
`Fletcher teaches an information retrieval system capable of capturing packets of
`
`displayable video data and / or control program instructions. The system uses
`
`processing control instructions to control the operation of processing the data. Fletcher
`
`provides a terminal 300 to grab video displayable rows of data. Terminal 300 identifies
`
`the correct or authorized selected control program from a permission message. Certain
`
`characters in the permission message inform the terminal 300 as to which control
`
`program is to be grabbed by the specific terminal. After terminal 300 receives its
`
`15
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`APPLE Exhibit 1043
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`lPR2016-00755
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`Page 15
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`IPR2016-00755
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`)
`
`.
`
`.
`
`permission message it is then ready to receive specific control program from a remote
`
`data base.
`
`Applicant's claim 3 recites a method to enable programming presentation at a
`
`receiver station. The method includes, among other steps, the step of modifying a
`
`fashion in which the receiver station locates enabling information in response to an
`
`instruct—to—enable signal. Therefore, only certain pre-programmed receiver stations are
`
`able to correctly process the signal.
`
`Fletcher's system grabs transmitted data at the terminal in response to the
`
`permission message which is received before the transmitted data is received. The
`
`rejection alleges that microprocessor 310 adjusts the way terminal 300 grabs the specific
`
`control program in the same way Applicants teach modifying a fashion in which the
`
`receiver station locates enabling information in response to an instruct—to—enable signal.
`
`However, the Applicants respectfully traverse this assertion.
`
`Fletcher does not suggest modifying a fashion in which the receiver station
`
`locates enabling information in response to an instruct-to-enable signal. Fletcher's
`
`terminal 300 simply retrieves the transmitted data or it does not. The determination is
`
`based on the permission message. This is markedly different than what the Applicants
`
`claim. The Applicants claim a station which does not merely accept or reject data, but
`the station can modify the manner in which it locates the enabling information.
`
`Therefore, Fletcher fails to disclose each and every limitation of claim 3. Accordingly,
`
`the rejection of this claim under 35 U.S.C. § 102 is improper. A withdrawal of this
`
`rejection is respectfully requested.
`
`16
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`APPLE Exhibit 1043
`
`Apple v. PMC
`lPR2016-00755
`
`Page 16
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 16
`
`

`

`Claims 4-6 also stand rejected under 35 U.S.C. § 102 as being anticipated by
`
`Fletcher. Claims 4-6 are dependent from claim 3 discussed above. Accordingly, since
`
`claim 3 is not anticipated by Fletcher, for the reasons stated above, so too are claims 4-6
`
`not anticipated. Therefore, Fletcher fails to disclose each and every limitation of claims
`
`4-6. Accordingly, the rejection of this claim under 35 U.S.C. § 102 is improper. A
`
`withdrawal of this rejection is respectfully requested.
`
`Claim 8 stands rejected under 35 U.S.C. § 102 . Claim 8 recites, among other
`
`steps, generating an instruct-to-enable signal designating enabling information, the
`
`instruct-to-enable signal being effective to cause the receiver station to enable the
`
`disabled information by modifying a fashion in which the receiver station locates,
`
`identifies, or receives the enabling information.
`
`The rejection fails to specifically address all the limitations in claim 8. For
`
`example, claim 8 teaches causing the receiver station to enable the disabled information
`
`by modifying a fashion i.n which the receiver station locates, identifies, or receives the
`
`enabling information. The rejection does not address this limitation; it does not discuss
`
`where Fletcher allegedly teaches this specific limitation. Nevertheless, the Applicants
`
`respectfully assert that Fletcher does not teach this specific limitation. Therefore,
`
`Fletcher fails to disclose each and every limitation of claim 8. Accordingly, the rejection
`
`of this claim under 35 U.S.C. § 102 is improper. A withdrawal of this rejection is
`
`respectfully requested.
`
`Claims 3-9 stand rejected under 35 U.S.C. § 102(b) as being anticipated by U.S.
`
`Patent No. 4,225,884 to Block et al.
`
`(’’Block’’).
`
`17
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`APPLE Exhibit 1043
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`Apple v. PMC
`lPR2016-00755
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`Page 17
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 17
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`

`

`Block relates to a method and system for subscription television access and
`
`billing. Block discloses a system whereby subscribers can choose from among a menu
`
`of television programs (commonly known as ”pay-per-view” television). Block teaches
`
`transmitting a signal consisting of scrambled audio and video programming. The
`
`subscriber has the option of viewing the program on the television set for a small fee.
`
`Additionally, the subscriber station communicates with the signal broadcaster
`
`regarding billing information on the programs which were actually viewed.
`
`Block's signal is received by the subscriber station where it can be unscrambled.
`
`The signal is also routed to a control and storage unit, with the unscrambler operating
`
`in response to control signals from the control and storage unit. The control and storage
`
`unit detects the code signals for unscrambling and billing purposes. The unit also
`
`detects the scramble code and compares it to a separately supplied scramble code. A
`
`program code is then stored based on the particular program being viewed.
`
`As to claim 3, Block does not teach a receiver station which enables disabled
`
`information based on the step of locating enabling information. Block unscrambles the
`
`scrambled signal using unscrambler 24 based on the unscramble control signals VCS'
`
`and ACS’. The rejection asserts that this is the same as Applicants enabling disabled
`
`information based on the step of locating enabled information. However, the two
`
`limitations are distinct. Block's receiver station merely receives a scrambled signal
`
`which can be unscrambled by the subscriber. Nothing in Block suggests or teaches the
`
`limitation claimed by the Applicants. Therefore, the rejection under 35 U.S.C. § 102 is
`
`improper. A withdrawal of this rejection is respectfully requested.
`
`18
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`APPLE Exhibit 1043
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`Apple v. PMC
`lPR2016-00755
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`Page 18
`
`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 18
`
`

`

`As to the rejection of claims 4-7, the Applicants point out that these claims are
`
`dependent on claim 3, which is an independent claim. As argued above, claim 3 is not
`
`anticipated by Block. Therefore, it follows that dependent claims 4-7 are not anticipated
`
`by Block. Therefore, a withdrawal of this rejection is requested.
`
`As to claim 8, it teaches, among other things, generating an instruct-to-enable
`
`signal designating enabling information, the instruct-to-enable signal being effective to
`
`cause the receiver station to enable disabled information by modifying a fashion in
`
`which the receiver station one of locates, identifies, and receives the enabling
`
`information. Block does not modify a fashion to effect a receiver station in the way
`
`taught by the Applicants. Therefore, Block fails to disclose concepts and limitations of
`
`claim 8. The rejection under 35 U.S.C. § 102 is improper. A withdrawal of this rejection
`
`is respectfully requested.
`
`Claim 9 recites effecting a transmitter station to generate an instruct-to-enable
`
`signal designating enabling information, the instruct-to-enable signal being effective to
`
`cause the receiver station to modify a fashion in which said receiver station one of
`
`locates, identifies, and receives the enabling information and enables the disabled
`
`information based on the enabling information. Block does not modify a fashion at a
`
`receiver station like that claimed by the Applicants. Therefore, Block fails to disclose
`
`concepts and limitations of claim 9. The rejection under 35 U.S.C. § 102 is improper. A
`
`withdrawal of this rejection is respectfully requested.
`
`19
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`APPLE Exhibit 1043
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`Apple v. PMC
`lPR2016-00755
`
`Page 19
`
`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 19
`
`

`

`J
`
`.
`
`Rejections under 35 U.S.C. § 103
`
`Claim 7 stands rejected under 35 U.S.C. § 103(a) as being allegedly unpatentable
`
`over Fletcher (U.S. Patent No. 4,054,911) in View of Block (U.S. Patent No. 4,225,884)
`
`Applicants agree that Fletcher fails to teach the claimed step of communicating to
`
`a remote station information evidencing one of the step of enabling disabled
`
`information and the step of outputting the programming presentation. Applicants,
`
`however, disagree that a combination of Fletcher and Block teaches or suggests the
`
`claimed invention, or that the references themselves even suggest such a combination.
`
`Fletcher discloses an information retrieval system which loads downstream data
`
`and processes the control of the data. Fletcher provides a terminal 300 to grab video
`
`displayable rows of data. Terminal 300 identifies the correct or authorized selected
`
`control program from a permission message. Certain characters in the permission
`
`message inform the terminal 300 as to which control program is to be grabbed by the
`
`specific terminal. After terminal 300 receives its permission message it is then ready to
`
`receive specific control program from a remote data base.
`
`This differs markedly from the Applicant's claimed invention, which recites,
`
`among other steps, the step of modifying a fashion in which the receiver station locates,
`
`identifies or receives enabling information in response to an instruct-to enable signal. In
`
`doing this, the varying or modifying cited above, results in only certain preinformed
`
`receiver stations being able to correctly process the signal. Fletcher therefore fails to
`
`teach or suggest Applicants’ claimed invention. Moreover, for at least this very reason,
`
`20
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`APPLE Exhibit 1043
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`Apple v. PMC
`lPR2016-00755
`
`Page 20
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 20
`
`

`

`)
`
`.
`
`.
`
`even the combination of Fletcher and Block would fail to teach or suggest Applicants’
`
`invention.
`
`For at least the reasons presented above, the teachings of Fletcher and Block,
`
`alone or in combination, fail to teach or suggest Applicants’ claimed invention.
`
`Applicants therefore respectfully request that the Examiner withdraw the rejection of
`
`claim 7 under 35 U.S.C. §103 and pass claim 7 to allowance.
`
`Double Patenting Rejections
`
`Claims 3-9 are twice rejected under the judicially created doctrine of non-
`
`obviousness, non—statutory double patenting over the patented claims in U.S. Patents
`
`4,694,490; 4,704,725; 4,965,825; and 5,109,414. As to the double patenting rejections,
`
`applicants’ views are fully discussed in applicants’ reply brief to the rejections in
`
`application number 08/ 113,329, and that reply brief is incorporated by reference herein.
`
`Moreover, the claims of the present application are patentably distinct from the
`
`representative claims of U.S. Patents 4,694,490; 4,704,725; 4,965,825; and 5,109,414.
`
`As an initial matter, the examiner's rejection of the present application under the
`
`Schneller double patenting theory based on Harvey U.S. Patents 4,694,490 and 4,704,725
`
`is improper because the present application does not claim the benefit of those
`
`applications under 35 U.S.C. § 120. Thus, there could never have been a basis for
`
`claiming the present subject matter in those applications. Therefore, the rejection based
`
`on Harvey U.S. Patents 4,694,490 and 4,704,725 should be withdrawn.
`
`21
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`APPLE Exhibit 1043
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`Apple v. PMC
`lPR2016-00755
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`Page 21
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`APPLE Exhibit 1043
`Apple v. PMC
`IPR2016-00755
`Page 21
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`

`

`Moreover, the PTO fails to specifically identify all claims from cited Harvey
`
`patents that cover

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