Page 1
`
`2010 WL 200346 (Bd.Pat.App. & Interf.)
`
`Board of Patent Appeals and Interferences
`Patent and Trademark Office (P.T.O.)
`
`*1 Ex Parte Personalized Media Communications, LLC
`[FN1]
`
`Appeal 2009-6825
`Reexamination Control Nos. 90/006,563 & 90/006,698 U.S. Patent 5,335,277
`[FN2]
`
`Technology Center 3900
`
`Decided: January 19, 2010
`
`Counsel for Patent Owner:
`Thomas J. Scott, Jr.
`Goodwin Procter LLP
`901 New York Avenue, N.W.
`Washington, DC 20001
`Counsel for First Third Party Requester:
`A.J. Usher, IV
`Law Office of A.J. Usher
`P.O. Box 44126
`Indianapolis, IN 46244
`Counsel for Second Third Party Requester:
`
`Nina L. Medlock
`Banner & Witcoff
`1001 G Street, NW
`Washington, DC 20001
`
`Before KENNETH W. HAIRSTON, SCOTT R. BOALICK, and KEVIN F. TURNER
`Administrative Patent Judges
`TURNER
`Administrative Patent Judge
`
`DECISION ON APPEAL
`
`Personalized Media Communications, LLC appeals under 35 U.S.C. §§ 134(b) and 306 from a final rejection of claims 2,
`4, 6, 7, 10-15, 17-20, 22, 23, 27, 28, 30, 32, 33, 35, 38, 41, 42, 44-52, 55, and 56.[FN3] We have jurisdiction under 35
`U.S.C. § 306.
`
`An oral hearing was held on July 1, 2009. The record includes a written transcript of the oral hearing.
`
`© 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
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`We AFFIRM-IN-PART.
`
`STATEMENT OF THE CASE
`
`Reexamination proceeding
`
`A first request for reexamination of U.S. Patent 5,335,277 (the '277 patent), entitled “Signal Processing Apparatus and
`Methods,” was filed on March 14, 2003 by a first third party requester Thomson, Inc. (First Requester), Reexamination
`Control No. 90/006,563. The '277 patent issued August 2, 1994, to John C. Harvey and James W. Cuddihy, based on Ap-
`plication 08/056,501 (the ' 501 application), filed May 3, 1993. The real party in interest is the patent owner, Personal-
`ized Media Communications, LLC. The '277 patent is said to be a continuation of Application 07/849,226, filed March
`10, 1992, now U.S. Patent 5,233,654 (hereinafter referred to as the '654 patent), which is said to be a continuation of Ap-
`plication 07/588,126, filed September 25, 1990, now U.S. Patent 5,109,414 (hereinafter referred to as the '414 patent),
`which is said to be a continuation of Application 07/096,096, filed September 11, 1987, now U.S. Patent 4,965,825
`(hereinafter referred to as the '825 patent), which is said to be a continuation in part (CIP) of Application 06/829,531,
`filed February 14, 1986, now U.S. Patent 4,704,725 (the '725 patent), which is said to be a continuation of Application
`06/317,510, filed November 3, 1981, now U.S. Patent 4,694,490 (hereinafter referred to as the '490 patent).
`
`*2 A second request for reexamination of the '277 patent was filed on July 7, 2003 by a second third party requester Sci-
`entific-Atlanta, Inc. (Second Requester), Reexamination Control No. 90/006,698. A Decision was made on December 3,
`2004 to merge the reexamination proceedings (Paper #16) per 37 C.F.R. § 1.565(c).
`
`Related proceedings
`
`The Brief indicates that the '277 patent is part of a chain of patents that includes additional later issued patents and vari-
`ous pending patent applications (App. Br. 3). The Brief identifies six related patents that are each involved in reexamina-
`tion proceedings (id.).
`
`The Brief identifies a number of related U.S. Patent and Trademark Office (USPTO), International Trade Commission,
`and court proceedings. (App. Br. 3-5). The Brief indicates (App. Br. 5-6) that the '277 patent is asserted in Pegasus De-
`velopment Corp.v. DIRECTV Inc., No. CA 00-1020 (D. Del. filed Dec. 4, 2000), which has been stayed, and is also as-
`serted in Personalized Media Communications, LLC v. Scientific-Atlanta, Inc. et al., No. 1:02-CV-824 (CAP) (N.D. Ga.
`filed Mar. 28, 2002), which also has been stayed.
`
`Appellant's invention
`
`The claimed invention relates to signal processing apparatus and methods to automate operations at an intermediate
`transmission station. ('277 patent, abstract).
`
`The Specification teaches that various disclosed embodiments of signal processing apparatus “can be used to automate
`the operations of intermediate transmission stations that receive and retransmit programming.”('277 patent, col. 181, ll.
`58-60.) “The stations so automated may transmit any form of electronically transmitted programming, including televi-
`sion, radio, print, data, and combined medium programming and may range in scale of operation from wireless broadcast
`stations that transmit a single programming transmission to cable systems that cablecast many channels simultan-
`eously.”('277 patent, col. 181, ll. 60-66).
`
`In particular, “FIG. 6 illustrates Signal Processing Apparatus and Methods at an intermediate transmission station that is
`a cable television system ‘head end’ and that cablecasts several channels of television programming.”('277 patent, col.
`
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`181, l. 67 - col. 182, l. 2).“The station receives programming from many sources,” ('277 patent, col. 182, ll. 4-5) such as:
`(1) transmissions from a satellite received by satellite antenna 50, low noise amplifiers 51 and 52, and TV receivers 53,
`54, 55, and 56; (2) microwave transmissions received by microwave antenna 57 and television video and audio receivers
`58 and 59; (3) conventional TV broadcast transmissions received by antenna 60 and TV demodulator 61; and (4) other
`electronic programming transmissions received by other programming input means 62. ('277 patent, col. 182, ll. 5-13).
`After receiving the transmissions,
`*3 [e]ach receiver/modulator/input apparatus, 53 through 62, transfers its received transmissions into the station by
`hard-wire to a conventional matrix switch, 75, well known in the art, that outputs to one or more recorder/players, 76
`and 78, and/or to apparatus that outputs said transmissions over various channels to the cable system's field distribu-
`tion system, 93, which apparatus includes cable channel modulators, 83, 87, and 91, and channel combining and
`multiplexing system, 92. Programming can also be manually delivered to said station on prerecorded videotapes and
`videodiscs. When played on video recorders, 76 and 78, or other similar equipment well known in the art, such
`prerecorded programming can be transmitted via switch 75 to field distribution system, 93.
`('277 patent, col. 182, ll. 14-28).
`
`According to the Specification, “[i]n the prior art, the identification of incoming programming, however received; the op-
`eration of video player and recorder equipment, 76 and 78; and the maintenance of records of programming transmis-
`sions are all largely manual operations.”('277 patent, col. 182, ll. 29-33).“FIG. 6 shows the introduction of signal pro-
`cessing apparatus and methods to automate these and other operations.”('277 patent, col. 182, ll. 34-36).
`
`A dedicated distribution amplifier 63, 64, 65, 66, 67, 68, 69, or 70 is “[i]n line between each of the aforementioned re-
`ceiver/demodulator/input apparatus, 53, 54, 55, 56, 57, 58, 59, 60, 61, or 62, and matrix switch, 75.”('277 patent, col.
`182, ll. 37-41). The distribution amplifier splits each incoming feed into two paths. (Id.). “One path is the conventional
`path whereby programming flows from each given receiver/demodulator/input apparatus, 53, 54, 55, 56, 57, 58, 59, 60,
`61, or 62, to matrix switch, 75.”('277 patent, col. 182, ll. 41-44).“The other path inputs the transmission of said given re-
`ceiver/demodulator/input apparatus, 53, 54, 55, 56, 57, 58, 59, 60, 61, or 62 individually to signal processor system, 71
`.”('277 patent, col. 182, ll. 45-48) “In other words, distribution amplifier, 63, continuously inputs the programming trans-
`mission of receiver, 53, to matrix switch, 75, and separately to signal processor system, 71; distribution amplifier, 64, in-
`puts the programming transmission of receiver, 54, to matrix switch, 75, and separately to signal processor system, 71;
`etc.”('277 patent, col. 182, ll. 48-54).
`*4 At signal processor system, 71 … the outputted transmission of each distribution amplifier, 63, 64, 65, 66, 67, 68,
`69, or 70, is inputted into a dedicated decoder … that processes continuously the inputted transmission of said distri-
`bution amplifier, 63, 64, 65, 66, 67, 68, 69, or 70; selects SPAM [Signal Processing Apparatus and Methods] mes-
`sages in said transmission that are addresses to ITS [Intermediate Transmission Station] apparatus of said intermedi-
`ate transmission station; automatically adds, in a predetermined fashion, source mark information that identifies said
`associated distribution amplifier, 63, 64, 65, 66, 67, 68, 69, or 70; and transfers said selected messages, with said
`source mark information, to code reader, 72. Signal processor system, 71, also has signal processor means to control
`signal processor system, 71, to record meter-monitor information of said message information, and to transfer recor-
`ded information to external communications network, 97.
`('277 patent, col. 182, l. 55 - col. 183, l. 4).
`
`The code reader 72 “buffers and passes the received SPAM message information, with source mark information, to cable
`program controller and computer, 73.”('277 patent, col. 183, ll. 5-7). The cable program controller and computer 73 is
`described as “the central automatic control unit for the transmission station[]” ('277 patent, col. 183, ll. 8-10) and per-
`forms various monitoring and control functions (see, e.g., '277 patent, col. 183, l. 14 to col. 187, l. 41).
`
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`The claims
`
`Claims 2, 4, 6, 10, 19, and 56 are exemplary and reproduced below (with minor formatting added):
`2. A method of processing control signals and controlling equipment at a remote site based on a broadcast transmis-
`sion, including:
`(a) the step of receiving at a remote site a broadcast carrier transmission;
`(b) the step of demodulating said broadcast carrier transmission to detect an information transmission therein;
`(c) the step of detecting and identifying at said remote site control signals associated with said information transmis-
`sion;
`(d) the step of passing at least a portion of control signals to a computer control means at said remote site;
`(e) the step of comparing a selected position of said control signals with a code imputed into said computer control
`means on the basis of information contained in said information transmission; and
`(f) the step of activating a printing means when the comparison step provides a match between the inputted code and
`the selected portion of the control signals.
`4. A data receiver system comprising:
`a switch operatively connected to a first input of a broadcast transmission and a second input of a cablecast transmis-
`sion for selecting either said first input or said second input and transferring the selected transmission to a digital de-
`tector;
`*5 a controller operatively connected to said switch for causing said switch to select either said first input or said
`second input; and
`a digital detector operatively connected to said switch for detecting digital data in said selected transmission and for
`relaying said data to a data processor.
`6. A system for identifying a predetermined signal in a television program transmission in which a plurality of signal
`types are transmitted said signal being transmitted in a varying location or a varying timing pattern, said television
`program transmission being separately defined from standard analog video and audio television, said system com-
`prising:
`a digital detector for receiving said transmission and detecting said predetermined signal in said transmission based
`on either a specific location or a specific time; and
`a controller operatively connected to said detector for causing said detector to detect said predetermined signal based
`on either a specific location or time, said controller being programmed with either the varying locations or the vary-
`ing timing pattern of said signal.
`10. A television receiver system comprising:
`a receiver for receiving a selected portion of a television program transmission that is not a standard television sig-
`nal;
`a digital detector operatively connected to said receiver for receiving said selected portion and detecting a digital sig-
`nal;
`a storage device operatively connected to said digital detector for receiving detected digital information and assem-
`bling said detected information into message units;
`a controller operatively connected to said receiver, said detector and said storage device, said controller controlling
`said receiver to pass selected information to said detector, said detector to pass detected information to said storage
`device, and said storage device to assemble detected information into message units.
`19. A television subscriber station comprising:
`a plurality of decryptors, each decryptor capable of decrypting a selected one of a plurality of portions of a television
`program transmission; and
`a processor operatively connected to some of said decryptors for identifying and passing to a selected decryptor an
`
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`instruct-to-decrypt signal that instructs the selected decryptor to decrypt some of the video portion of said transmis-
`sion, said instruct-to-decrypt signal comprising a code necessary for the decryption of said program transmission.
`56. A computer station comprising:
`a storage device for storing encrypted data;
`a computer operatively connected to said storage device for controlling said storage device, locating a selected por-
`tion of said data, and transferring said selected portion to a decryptor or a processor;
`a decryptor operatively connected to said storage device or said computer for decrypting encrypted data; and
`a process for locating or identifying selected information associated with said selected portion and causing said de-
`cryptor to decrypt said selected portion on the basis of said selected information.
`
`*6 The prior art relied upon by the Examiner in rejecting the claims on appeal is:
`
`The references
`
`Stambler
`Summers '082
`Hetrich
`Kosco
`Hartung '462
`Yanagimachi
`Haselwood
`Saylor
`Hartung '814
`Fletcher
`Wintfeld
`Freund
`Block '254
`Barrett
`Ciciora
`Shutterly
`Yarbrough '101
`Summers '250
`Tabata
`Saeki
`Guillou '921
`den Toonder
`Monteath
`Eskin
`Cogswell
`Guillou '483
`
`3,786,420
`3,848,082
`3,866,123
`3,886,302
`3,919,462
`3,936,595
`4,025,851
`4,042,958
`4,045,814
`4,054,911
`4,135,213
`4,142,156
`4,163,254
`4,205,343
`4,233,628
`4,295,223
`4,305,101
`4,306,250
`4,317,215
`4,322,745
`4,323,921
`4,323,922
`4,329,684
`4,331,973
`4,331,974
`4,337,483
`
`Jan. 15, 1974
`Nov. 12, 1974
`Feb. 11, 1975
`May 27, 1975
`Nov. 11, 1975
`Feb. 3, 1976
`May 24, 1977
`Aug. 16, 1977
`Aug. 30, 1977
`Oct. 18, 1977
`Jan. 16, 1979
`Feb. 27, 1979
`Jul. 31, 1979
`May 27, 1980
`Nov. 11, 1980
`Oct. 13, 1981
`Dec. 8, 1981
`Dec. 15, 1981
`Feb. 23, 1982
`Mar. 30, 1982
`Apr. 6, 1982
`Apr. 6, 1982
`May 11, 1982
`May 25, 1982
`May 25, 1982
`Jun. 29, 1982
`
`(filed Apr. 25, 1979)
`(filed Apr. 16, 1979)
`(filed Aug. 18, 1980)
`(filed Sep. 11, 1979)
`(filed Mar. 21, 1980)
`(filed Jan. 23, 1980)
`(filed Dec. 17, 1979)
`(filed Jan. 15, 1980)
`(filed Oct. 21, 1980)
`(filed Oct. 21, 1980)
`(filed Jan. 31, 1980)
`
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`(filed Dec. 17, 1979)
`(filed Apr. 6, 1981)
`(filed Oct. 16, 1980)
`(filed Mar. 3, 1982)
`(filed Nov. 19, 1981)
`(filed Sep. 23, 1981)
`(filed Oct. 16, 1981)
`(filed Feb. 1, 1984)
`(filed Aug. 13, 1984)
`(filed Sep. 7, 1982)
`(filed Oct. 25, 1983)
`(filed Dec. 20, 1983)
`(filed Nov. 3, 1983)
`(filed May 27, 1983)
`(filed Mar. 15, 1984)
`(filed Jun. 20, 1984)
`(filed Apr. 2, 1987)
`(filed Mar. 5, 1987)
`(filed Jul. 8, 1986)
`(filed Oct. 16, 1987)
`
`Jul. 13, 1982
`4,339,798
`Hedges
`Jun. 14, 1983
`4,388,643
`Aminetzah
`Jun. 28, 1983
`4,390,901
`Keiser
`Sep. 20, 1983
`4,405,942
`Block '942
`Nov. 20, 1984
`4,484,027
`Lee
`Dec. 11, 1984
`4,488,179
`Krüger
`Mar. 5, 1985
`4,503,462
`Kelly
`Jul. 9, 1985
`4,528,589
`Block '589
`Jul. 23, 1985
`4,531,021
`Bluestein
`Aug. 13, 1985
`4,535,355
`Arn
`Dec. 10, 1985
`4,558,180
`Scordo
`Jul. 1, 1986
`4,598,288
`Yarbrough '288
`Jul. 8, 1986
`4,599,647
`George
`Sep. 23, 1986
`4,613,901
`Gilhousen
`Jan. 6, 1987
`4,634,808
`Moerder
`Jan. 13, 1987
`4,636,854
`Crowther
`Apr. 19, 1988
`4,739,510
`Jeffers
`Apr. 11, 1989
`4,821,097
`Robbins
`May 9, 1989
`4,829,569
`Seth-Smith
`Dec. 12, 1989
`4,887,296
`Horne
`Nov. 29, 1976
`JP 51-138317 A
`Ikeda
`Nov. 6, 1977
`DE 2614188 A1
`Jahnel
`Aug. 16, 1979
`DE 2904981 A1
`Zaboklicki
`Nov. 21, 1979
`GB 1556366 A
`Betts
`Jun. 11, 1980
`GB 2034995 A
`Wright
`Jan. 29, 1981
`JP 56-8975
`Okada
`*7 H. Etkin, Vertical Interval Signal Applications, Broadcast Engineering, pp. 30-35, April 1970 (“Etkin”).
`S. Soejima, A Television Facsimile System, Japan Electronic Engineering, pp. 24-37, Nov. 1970 (“Soejima”).
`N. Doyle et al., Some Application of Digital Techniques in TV Receivers, IEEE Transactions on Broadcast and Tele-
`vision Receivers, vol. BTR-18(4), pp. 245-249, Nov. 1972 (“Doyle”).
`P. R. Hutt, A System of Data Transmission in the Field Blanking Period of the Television Signal, SLICE, pp. 37-43,
`June 1973 (“Hutt”).
`James, ORACLE-Broadcasting the Written World, Wireless World, pp. 314-316, Jul. 1973 (“James”).
`S.M. Edwardson, CEEFAX: A Proposed New Broadcasting Service, Journal of the SMPTE, pp. 14-19, Jan. 1974
`(“Edwardson”).
`T. Imai et al., Television Frame Synchronizer, Journal of the SMPTE, Vol. 84, pp. 129-134, Mar. 1975 (“Imai”).
`B. Marti, The Concept of a Universal ‘Teletext’ (broadcast and interactive videotext) Decoder, Microprocessor
`Based, Symposium Record of the 11th International Television Symposium, Sess. VII A, Paper 3A, pp. 1-6, Jun.
`1979 (“Marti-1”).
`
`© 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.
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`J. Hedger, Telesoftware: Home Computing Via Broadcast Teletext, IEEE Transactions on Consumer Electronics,
`Vol. CE-25(3), pp. 280-286, Jul. 1979 (“Hedger”).
`G. Robinson et al., ‘Touch-Tone’ Teletext: A Combined Teletext-Viewdata System, IEEE Transactions on Consumer
`Electronics, Vol. CE-25(3), pp. 298-303, Jul. 1979 (“Robinson”).
`Videotex Services, National Cable Television Association Executive Seminar Series, p. 78, 1980 (“Videotex”).
`A. Davis, Satellite Security, Visions of the 80's, pp. 99-100, 1980 (“Davis”).
`B. Marti, Broadcast Text Information in France, Viewdata '80, pp. 359-366, Mar. 1980 (“Marti-2”).
`
`The rejections
`The Examiner rejected claims 2, 4, 6, 7, 10-15, 17-20, 22, 23, 27, 28, 30, 32, 33, 35, 38, 41, 42, 44-52, 55, and 56[FN4]
`as being unpatentable over the prior art and commonly-assigned patents[FN5].
`
`Anticipation
`1) Claims 10, 12, 13, and 47-51 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Zaboklicki. (Ans.
`20-31).
`
`2) Claim 2 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Soejima. (Ans. 32).
`
`3) Claim 2 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Saylor. (Ans. 33-36).
`
`4) Claim 6 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Summers '082. (Ans. 40-42).
`
`5) Claims 6, 7, 10, and 56 stand rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Shutterly. (Ans. 37-39,
`43-45, 50-51, 144-145).
`
`6) Claims 7, 17, and 18 stand rejected under 35 U.S.C. § 102(e) as being anticipated by Seth-Smith. (Ans. 46-47, 82, 88).
`
`*8 7) Claim 7 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Marti-1. (Ans. 48-49).
`
`8) Claim 10 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Block '589. (Ans. 52).
`
`9) Claim 12 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Hedger. (Ans. 53-54).
`
`10) Claim 12 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Fletcher. (Ans. 55-56).
`
`11) Claim 15 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Keiser. (Ans. 57-58).
`
`12) Claim 15 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Kelly. (Ans. 59-60).
`
`13) Claims 15, 32-35, 38, 44, and 45 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Krüger. (Ans.
`61-62, 106-113, 119-120, 123-124, 129-130).
`
`14) Claims 15 and 55 stand rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by den Toonder. (Ans. 63-64,
`142-143).
`
`15) Claims 15, 45, 50, and 51 stand rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Eskin. (Ans. 65-66,
`127-128, 134-135, 138-139).
`
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`16) Claim 17 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Barrett. (Ans. 67-69).
`
`17) Claims 17, 18, and 46 stand rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Guillou '483. (Ans. 70,
`85, 146-147).
`
`18) Claim 17 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Guillou '921. (Ans. 71).
`
`19) Claim 17 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Lee. (Ans. 72).
`
`20) Claims 17 and 18 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Bluestein. (Ans. 73, 86).
`
`21) Claim 17 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Arn. (Ans. 74).
`
`22) Claim 17 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Yarbrough '288. (Ans. 75).
`
`23) Claim 17 stands rejected under 35 U.S.C. § 102(b) as being anticipated by George. (Ans. 76).
`
`24) Claim 17 stands rejected under 35 U.S.C. § 102(e) as being anticipated by Gilhousen. (Ans. 77).
`
`*9 25) Claim 17 stands rejected under 35 U.S.C. § 102(e) as being anticipated by Moerder. (Ans. 78).
`
`26) Claim 17 stands rejected under 35 U.S.C. § 102(e) as being anticipated by Crowther. (Ans. 79).
`
`27) Claim 17 stands rejected under 35 U.S.C. § 102(e) as being anticipated by Jeffers. (Ans. 80).
`
`28) Claim 17 stands rejected under 35 U.S.C. § 102(e) as being anticipated by Robbins. (Ans. 81).
`
`29) Claim 17 stands rejected under 35 U.S.C. § 102(e) as being anticipated by Horne. (Ans. 83).
`
`30) Claim 18 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Hedges. (Ans. 84).
`
`31) Claim 18 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Scordo. (Ans. 87).
`
`32) Claim 19 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Hartung '814. (Ans. 89-90).
`
`33) Claim 23 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Hartung '462. (Ans. 97-98).
`
`34) Claim 22 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Aminetzah. (Ans. 95-96).
`
`35) Claim 30 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Freund. (Ans. 101-102).
`
`36) Claim 32 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Yarbrough '101. (Ans. 103-105).
`
`37) Claim 38 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Cogswell. (Ans. 114-115).
`
`38) Claims 17, 18, 20, and 23 stand rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Block '942. (Ans.
`151-157).
`
`39) Claims 38, 50, 51 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Monteath. (Ans. 116-118, 131-133,
`and 136-137).
`
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`40) Claim 44 stands rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Ciciora. (Ans. 121-122).
`
`41) Claim 44 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Edwardson. (Ans. 125-126).
`
`42) Claim 50 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Kosco. (Ans. 131).
`
`43) Claim 52 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Yanagimachi. (Ans. 140-141).
`
`*10 44) Claim 15 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Jahnel. (Ans. 149).
`
`45) Claim 2 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Winfield. (Ans. 157-158).
`
`46) Claims 19 and 22 stand rejected under 35 U.S.C. § 102(b) or (e) as being anticipated by Block '254. (Ans. 91-94).
`
`Obviousness
`47) Claim 2 stands rejected under 35 U.S.C. § 103(a) as being obvious over Betts and Okada. (Ans. 161-162).
`
`48) Claim 44 stands rejected under 35 U.S.C. § 103(a) as being obvious over Ciciora and either Videotex or Robinson.
`(Ans. 163-164).
`
`49) Claim 7 stands rejected under 35 U.S.C. § 103(a) as being obvious over Marti-2. (Ans. 166-167).
`
`50) Claim 56 stands rejected under 35 U.S.C. § 103(a) as being obvious over Stambler. (Ans. 168-169).
`
`51) Claims 19, 20, and 22 stand rejected under 35 U.S.C. § 103(a) as being obvious over Saeki and Davis. (Ans.
`170-172).
`
`52) Claim 4 stands rejected under 35 U.S.C. § 103(a) as being obvious over Summers '250 and Ikeda. (Ans. 173).
`
`53) Claim 51 stands rejected under 35 U.S.C. § 103(a) as being obvious over Tabata and Doyle. (Ans. 174-175).
`
`54) Claim 14 stands rejected under 35 U.S.C. § 103(a) as being obvious over Haselwood, Imai, and either Etkin or Het-
`rich. (Ans. 178-182).
`
`55) Claim 14 stands rejected under 35 U.S.C. § 103(a) as being obvious over Haselwood, Imai, and Hutt. (Ans. 183-187).
`
`56) Claim 45 stands rejected under 35 U.S.C. § 103(a) as being obvious over Monteath and Wright. (Ans. 188-189).
`
`57) Claims 7, 11, 12, 41, and 42 stand rejected under 35 U.S.C. § 103(a) as being obvious over Summers '082. (Ans.
`190-191).
`
`58) Claim 46 stands rejected under 35 U.S.C. § 103(a) as being obvious over James and Guillou '921. (Ans. 192-193).
`
`59) Claim 46 stands rejected under 35 U.S.C. § 103(a) as being obvious over Edwardson and Guillou '921. (Ans.
`194-195).
`
`Obviousness-type Double Patenting
`60) Claims 6 and 7 stand rejected under the judicially created doctrine of obviousness-type double patenting over claim 4
`of U.S. Patent No. 4,965,825 (Ans. 197-198).
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`*11 61) Claim 20 stands rejected under the judicially created doctrine of obviousness-type double patenting over claim 9
`of U.S. Patent No. 4,965,825 (Ans. 199).
`
`62) Claims 27 and 28 stand rejected under the judicially created doctrine of obviousness-type double patenting over
`claim 4 of U.S. Patent No. 4,965,825 (Ans. 200, 202).
`
`63) Claims 27 and 28 stand rejected under the judicially created doctrine of obviousness-type double patenting over
`claim 5 of U.S. Patent No. 4,965,825 (Ans. 201, 203).
`
`The record supports the following findings of fact (FF) by a preponderance of the evidence.
`
`FINDINGS OF FACT
`
`Zaboklicki
`
`(References made to PTO supplied translation)
`
`1. Zaboklicki describes a system where a TV receiver receives a TV signal containing embedded teletext data, where the
`teletext data are supplied to a teletext decoder. Portions of the detected teletext data corresponding to computer software
`are provided to a processor. The software is stored in memory and executed by a CPU. (P. 15, l. 3 - p. 16, l. 25; Fig. 3,
`elements 34, 35, 39, 40, 49, 52, 54, and 56).
`
`2. Various fragments or segments of an interactive video and/or audio mass-medium TV program are assembled to form
`a coordinated TV presentation that is tailored to inputs by the user. (P. 17, l. 19 - p. 18, l. 4). The programs can be
`“dialogue television programs” where the viewer can receive “supplementary information, explanations or other data” (P.
`9, ll. 13-18).
`
`3. Zaboklicki explicitly recites the term “telesoftware” in different portions of the English translation. (P. 19, ref. 3; p.
`21, ref. 40; pp. 21-22, ref. 41).
`
`Soejima
`
`4. Soejima describes a system that multiplexes character data on television signals, where the characters provide suffi-
`cient resolution for printing Chinese characters (Abs.).
`
`5. The system includes an antenna and a tuner for receiving the television signal and circuitry (A-E, Fig. 7) for detecting
`and identifying control signals. The control signals are passed on to processing circuitry (F-H, Fig. 7) to provide a start-
`ing signal (P. 30, col. 1, ll. 5-12).
`
`6. A comparison is made between the start signal and the viewer's input, made through a pushbutton, and “the printer
`works only when it coincides with the program selecting signal of the transmitter” (P. 30, col. 1, ll. 5-12).
`
`Saylor
`
`7. Saylor describes a real time frame grabbing system that receives a broadcast carrier transmission, which is demodu-
`lated to detect information therein. The detected information is passed to a computer control, where a selected position
`within the information is compared with a specific code to see if a match occurs (Col. 6, l. 65 - col. 7, l. 27; Figs. 19, 20).
`
`8. Printing of received pages can occur through initiation of the operator or in a special print mode where a row or page
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`is printed whenever the same is changed without operator involvement (Col. 68, ll. 18-34).
`
`Shutterly
`
`*12 9. Shutterly describes a digital signal/noise amplifier for a communications system, where it is applicable to a video
`channel where the sampled signal is an audio signal.
`
`10. Shutterly discloses processes by which audio signals are transmitted as part of the video signals of a standard televi-
`sion system (Col. 1, 30-31). The process follows the addition of an audio signal after digital treatment as audio pulses on
`a TV video signal (Col. 3, ll. 53-56; Fig. 14).
`
`11. The signal is detected at the receiver and in the audio recovering process therein, the received samples are converted
`to digital by an A/D converter and stored into an input buffer that groups together all of the samples (Col. 5, ll. 26-31).
`
`12. The video samples that represent the audio pulse on each active video line are located at the exact time by means of a
`digital timer (Col. 18, ll. 37-39). The audio descrambler generates a sequence of pseudorandom addresses that are
`identical to those generated in the audio scrambler, uses those addresses to load the processed audio samples, and return
`each sample to its original sequential order (Col. 19, ll. 12-30).
`
`Summers '082
`
`13. Summers '082 describes a TV transmission system, with transmission devices having a TV signal source (2), a digital
`data signal source (6, 8), insertion circuitry (4) for inserting the digital data into the TV signal and a transmitter (12)
`(Col. 2, ll. 38-62; Fig. 1). Each receiving device has a digital detector (14, 16, 18) for receiving the combined signal and
`extracting (22, 24, 26) the embedded digital data (Col. 4, ll. 3-64; Fig. 2).
`
`14. Summers '082 also provides that “[t]he modified video signal, which is the normal video signal combined with sup-
`plemental data signal, is applied to a television transmitter” (Col. 3, ll. 53-55).
`
`15. The system provides for a “dot,” located at a predetermined time or position within the TV frame, that is modulated
`with the data of at least one digital data stream, such that the data are distributed to a plurality of receiver stations (Col.
`3, ll. 8-23).
`
`16. In alternative embodiments, multiple “dots” at multiple times/positions are employed, providing data channels, and
`where data streams may be broken up between spots using a pseudo random sequence, such that the streams can only be
`reconstructed if the sequence is known (Col. 6, ll. 1-12, 18-25).
`
`17. The supplemental data signal received can be used to program a data storage means such as a computer at the receiv-
`ing end for various purposes (Co. 7, ll. 56-68).
`
`Marti-1
`
`18. Marti-1 describes a decoder for Videotex services which includes a data acquisition unit, a processing unit, a page
`store and a display processor (P. 1).
`
`19. The data acquisition unit receives the video signal, demultiplexes the digital data and buffers that data until the pro-
`cessing unit requests the data (PP. 4-5; Fig. 3).
`
`20. Specific software, for the type of teletext, is run by the processing unit to receive codes and interpret them according
`
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`to a given code table. Consequently, it fills the page store with the interpreted codes (PP. 5-6; Fig. 3).
`
`*13 21. Other types of software may be implemented or loaded from other sources, and other kinds of information than
`just pages can be provided (P. 6).
`
`Hedger
`
`22. Hedger discusses the uses of telesoftware, where software is sent to home terminal devices using broadcast teletext.
`(P. 279, col. 1).
`
`23. A terminal used to receive the telesoftware has a rece