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`i7ctf-fol
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`In ReApplication of
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`John C. Harvey and James W. Cuddihy
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`For: SIGNAL PROCESSING APPARATUS)
`AND METHODS
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`Serial No.
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`08/449,097
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`Filed:
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`May 24,1995
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`Examiner:
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`Group Art Unit:
`__.
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`)
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`Atty Dkt.
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`/" Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
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`I.
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`AMENDMENT
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`In response to the Office Action mailed on August 27, 1996, please amend the
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`above-captioned application as follows:
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`A.
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`In The Claims
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`/
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`Please amend Claims 2-4 as follows:
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`2.
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`A me od of processing signals at a receiver station, said receiver station
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`having a plurality of pr cessors, said method comprising the steps of:
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`[programming a co
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`rol processor to execute a predetermined function;]
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`receiving an informatio
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`transmission containing a digital television signal and a
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`message stream:
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`~1
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`detect g [a] said message stream in said information transmission;
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`selecting ne message of said detected message stream;
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`t least a first portion of said selected one message to [said] .a control
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`processor;
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`l information in said inputted first portion of said selected one
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`message and commun'cating said selected control information to [a plurality of
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`dedicated] at least onere 'ster [memories;] memory:
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`determining the len h or format of [some] at least one segment of said message
`stream on the basis of~plural'ty of comparisons at said at least one register memo~
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`outputting selected othe portions of said message stream to said plurality of
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`processors;
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`\
`~-
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`processing said selected othe ortions of said message stream simultaneously;
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`controlling the reception or pr sentation of [some] television programming in
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`accordance [of] with said message strea
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`·and
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`metering or monitoring the avai ability, §_se or usa~ of said television
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`programming or said message stream.
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`3.
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`A method of pro ssing signals at a receiver station, said receiver station
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`having a plurality of processors, c
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`prising the steps of:
`~ receiving an infonnatio transmission at a transmission st~ )
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`(2)
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`generating a message stre
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`that is effective to enable [a] said receiver
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`station to control the reception or presenta ·on of [some] television programming [in
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`2
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`accordance with sa message] and meter or monitor the availability, use or usage of
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`said television progra ming or said message stream: and
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`4.
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`(1)
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`(2)
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`A method of p ocessing signals in a network, comprising the steps of:
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`receiving an in£ rmation transmission to be transmitted;
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`receiving an instr ct signal which is effective to:
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`(a)
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`effect a [tra mission] transmitter station to generate at least a first
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`message that is effective to en bj..e..a-r~r station~~ reception or
`presentation of [some]Jet vision p gramming [in ~ance with said message] and
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`and meter or
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`(3)
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`al which operates ft said transmitter
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`station to cornrnunic~aid at ast a first message to a transm~tt5 and
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`(4)
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`transmitting said information transmi sion, said instruct signal and said
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`transmitter control signal.
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`3
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`Please L following claims:
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`•
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`The method of claim 2, further comprising the step of programming said
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`to execute a controlled function in response to said one message.
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`6.
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`\
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`The method of claim 5, further comprising the step of programming said
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`control processor to compare information stored in at least a first of said at least one
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`register memory with control function invoking information.
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`7.
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`Them thod of claim 6, further comprising the step of programming said
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`control processor to co pare information stored in at least a second of said at least one
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`ation that identifies the composition of said one message.
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`The method of claim 2, wherein said at least one register memory includes
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`al register memory and said step of selecting control information in said
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`inputted first p
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`tion of said selected one message and communicating said selected
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`a plurality of registers memories comprises:
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`at least a first portion of said selected one message to said
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`input signal memory;
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`selecting information at sai
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`· put signal memory to compare or communicate;
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`and
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`4
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`ommunicating said control information to at least a second of said at least one
`(;; £J.. J register m mory.
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`9.
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`The method of claim 8, further comprising the step of communicating at
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`least one of said other portions of said message stream to said input signal register
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`memory.
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`10.
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`The method of claim 2, further comprising the step of controlling a switch
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`to output at least one of said selected other portions of said message stream to a specific
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`one of said plurality of processors.
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`The method of claim 10, further comprising the step of controlling said
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`switch to co
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`unicate said at least one of said selected other portions of said message
`
`) said control processor and (2) a buffer that inputs to said control
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`processor.
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`12.
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`The method of claim 10, wherein said switch outputs said at least one of
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`said selected other portions to said control processor.
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`The method of claim 10, wherein said switch outputs said at least one of
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`portions to one of a signal processor and a central processor.
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`5
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`4.
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`The method of claim 10, further comprising the step of programming said
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`~.
`• (?l9
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`7
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`control processo
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`control said switch based on information contained in said message
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`stream.
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`15.
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`The method of claim 14, further comprising the steps of:
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`programming said control processor with comparison information to serve as a
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`basis for determining the length or format of said at least one segment of said message
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`stream; and
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`programming said control processor to compare information stored at said at
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`least one register memory to said comparison information.
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`16.
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`The method of claim 14, wherein said control processor and said switch
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`are located on a single microchip.
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`17.
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`The method of claim 2, wherein said control processor receives said at
`
`least a first portion of said message from a first of said plurality of processors and
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`controls outputting to a second of said plurality of processors.
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`The method of claim 17, wherein said first processor performs one of (1)
`
`tion detected in said message stream based on protocols and (2)
`
`assembling processor co
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`based on information detected in said message stream, said
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`6
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`e further comprising the step of communicating machine language code to said
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`aid selected other portions of said message stream.
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`19.
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`claim 2, wherein said control processor controls a
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`decryptor to deer
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`t at least some of said message stream, said method further
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`comprising the step f outputting one or more of said selected other portions of said
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`message stream to said ecryptor.
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`20.
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`The method o claim 19, further comprising the steps of:
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`decrypting at least a p rtion of said message stream; and
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`controlling said decrypt r in accordance with said decrypted at least a portion of
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`said message stream.
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`21.
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`The method of claim 0, wherein said decrypted at least a portion of said
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`message stream comprises a decryp on key.
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`22.
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`The method of claim 21, further comprising the step of decrypting at least
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`some of said digital television signal in accordance with said decryption key.
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`23.
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`The method of claim 19, further comprising the steps of:
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`storing a decrypted portion of said at least some of said message at some or all of
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`said at least one register memory; and
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`7
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`processing decrypted portions of said message stream simultaneously.
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`he method of claim 23, further comprising the step of decrypting
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`25.
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`The
`
`ethod of claim 2, wherein a standard identifies a signal to be
`
`processed, said meth d further comprising the step of identifying at least some of said
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`on said standard.
`
`26.
`
`The method of c im 25, wherein further comprising the step of:
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`storing said standard at o e or more of a Standard Word and a Standard Length
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`memory; and
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`programming said receiver st ion to compare data received in said information
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`transmission to information contained
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`t said one or more of a Standard Word and a
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`Standard Length memory.
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`~9):7
`GJ ~ ( standard, one o
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`2 .
`
`The method of claim 25, wherein said receiver identifies, based on said
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`an end of a prior message and (2) a header in said selected one
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`message.
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`28.
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`The method of claim 25, further comprising the step of causing said
`
`control processor to process an interrupt signal based on said standard.
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`8
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`29.
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`The method of claim 2, further comprising the step of programming said
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`receiver station to communicate a processor interrupt signal to at least one of said
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`plurality of processors.
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`30.
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`The method of claim 29, wherein two or more of said plurality of
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`processors are adapted to communicate or respond to processor interrupt signals, said
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`method further comprising the step of programming said receiver station to select at
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`least one of said two or more processors to interrupt.
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`The method of claim 30, wherein said control processor selects said at
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`ore processors, said method further comprising the steps of:
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`or interrupt signal in said information transmission; and
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`interrupt signal to said control processor.
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`32.
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`The method of claim 2, wherein said receiver station includes a video
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`monitor and a first of said plurality of processors generates a video signal to be
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`displayed as part of said television programming, said method further comprising the
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`step of outputting to said first processor a first of said selected other portions of said
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`message stream which causes said first processor to communicate said video signal to
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`said video monitor.
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`9
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`33.
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`ethod of claim 32, wherein said receiver station includes a speaker
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`and a second of sai plurality of processors to generates an audio signal containing
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`audio to be emitted
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`part of said television programming, said method further
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`comprising the step of o tputting to said second processor a second of said selected
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`other portions of said mess e stream which causes which causes said second processor
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`to communicate said audio si alto said speaker.
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`The method of claim 33, wherein said receiver station includes one or
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`er and a portion receiver and a third of said plurality of processors is
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`adapted to contro said one or more of a tuner and a portion receiver, said method
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`further comprising the
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`of programming said third processor to control said one or
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`more of a tuner and a portio
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`eceiver based on information contained in said selected
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`other portions of said message strea:
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`.
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`35.
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`The ethod of claim 2, wherein at least one of said selected other portions
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`of said message str m contains first processor code that controls said plurality of
`
`processors to generate ·nformation content of one or more video or audio signals, said
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`method further comprisi g the steps of:
`
`selecting second pr essor code contained in said selected one message; and
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`communicating
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`first processor code in accordance with said second
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`processor code.
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`10
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`36.
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`The method of claim 35, wherein said second processor code programs
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`said control processor to select control information in said message stream and
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`communicate said selected control information to said at least one register memory,
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`said method further comprising the step of processing control information of a new
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`composition and/ or length in accordance with said second processor code.
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`37.
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`The
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`ethod of claim 2, wherein said receiver station includes a plurality
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`of processors, said
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`ethod further comprising the steps of:
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`information transmission at a signal generator operatively
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`generating (1) fir cadence information which is effective at said receiver station
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`to execute a predetermine
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`instruction, and (2) at least one message element containing
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`one or more instructions to be directed to a specific one of said plurality of processors;
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`and
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`embedding said cadenc information and said at least one message element in
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`said information transmission; an
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`communicating said inform tion transmission, said cadence information and
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`said at least one message element to s ·d transmitter.
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`38.
`
`The method of claim 37,
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`herein said specific processor includes a
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`plurality of register memories, said method
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`rther comprising the steps of:
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`11
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`communicating to said signal generator second cadence information which
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`operates at said plurality of dedicated register to select a portion of one message of said
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`message stream.
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`The method of claim 37, wherein said signal generator embeds said
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`essage stream in said information transmission, said method further
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`comprising t e tep of communicating said television programming to said transmitter
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`ansmission.
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`40.
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`The method o claim 37, wherein said receiver station includes one of a
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`tuner and a portion receiver op atively connected to said plurality of processors, said
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`method further comprising the steps
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`generating an instruction which o
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`rates at said receiver station to control said
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`one of said tuner and said portion receiver tor eive a signal containing at least some of
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`said television programming; and
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`transmitting said television programming.
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`The method of claim 3, further comprising the steps of:
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`a first instruction specifying a control function to be executed;
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`nd instruction specifying a data structure, length, or format;
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`nd second instructions in a sequence, said sequence
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`comprising a command; and
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`12
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`org~d message stream to include said command.
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`42.
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`The method of claim 41, further comprising the steps of:
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`processing data specifying a condition which must exist at said receiver station;
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`and
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`including said data specifying a condition in said command.
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`The method of claim 41, wherein said command operates at said receiver
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`ecute one or more instructions contained in an instruction set, said method
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`further comp ·sing the step of organizing said message stream to include said
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`instruction set.
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`c?
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`44.
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`of claim 41, further comprising the step of transmitting
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`operating instructions whic
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`said receiver station to execute said control
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`function in response to said comm d.
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`45.
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`The method of claim 41, whe ein said command operates at said receiver
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`station to present one or more receiver specifi data at an output device, said receiver
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`specific data generated in accordance with said
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`struction set, said method further
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`comprising the step of transmitting one or more of (1)
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`bscriber transaction data to be
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`stored and processed at said receiver station and (2) meter-
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`13
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`46.
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`The
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`ethod of claim 41, further comprising the step of transmitting a
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`signal which operate at said receiver station to communicate a processor interrupt to
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`47.
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`The method o claim 46, further comprising the step of transmitting an
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`instruction which operates at aid receiver station to control a first of said plurality of
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`processor to selected a second pr essor to be interrupted.
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`48.
`
`The method of claim 3, further comprising the steps of:
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`selecting at least some of said television programming at said transmission
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`station;
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`selecting meter-monitor data; and
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`organizing said message stream to include said selected at least some of said
`
`television programming and said selected meter-monitor data.
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`The method of claim 4, wherein said at least a first message contains first
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`ation, a first execution segment, and an information segment, said
`
`containing a first part of data and an instruction set, said method
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`further comprising the ste
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`generating one or
`
`messages, each of said second messages
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`containing second cadence informa · n and some other part of said data and an
`
`instruction set;
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`14
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`amzmg said first and second messages in a sequence, said sequence
`<:.:..
`ssage stream; and
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`50.
`
`A
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`ethod of claim 4, wherein said at least a first message contains
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`multiple elements f fixed length, said first message including an information segment
`
`containing an instru tion set, said method further comprising the steps of:
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`generating a se nd message containing multiple elements of fixed length, said
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`multiple elements compr ing a command;
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`firstly embedding sa
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`first message into an information transmission;
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`subsequently embe
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`ing said second message into said information
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`transmission, said first messag firstly and said second message subsequently in said
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`information transmission compris ·
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`said message stream; and
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`transmitting said information t nsmission.
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`The method of claim 4, wherein at least one receiver station includes a
`
`essors, said method further comprising the steps of:
`
`o be directed to said plurality of processors;
`
`generating one or ore first elements or fields to identify a structure of said at
`
`least a first message;
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`· generating one or more seco
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`elements or fields to identify one or more
`
`processor instructions in said at least a first
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`generating one or more third elements or fields to identify a data format in said
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`selected code in a sequence with a plurality of message
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`ce including said generated first, second, and third elements or
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`fields, said selected code or nized in said sequence with said plurality of message
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`components and said generated fi
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`second, and third elements or fields comprising
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`said at least a first message.
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`52.
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`The ethod of claim 4, further comprising the steps of:
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`generating a · st instruction specifying a control function to be executed;
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`generating a sec nd instruction specifying a data structure, length, or format;
`
`processing data s ecifying a condition, said data in said structure, length, or
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`format specified by said sec
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`organizing said first a d second instructions and said processed data in a
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`sequence, said sequence compris · g said command;
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`transmitting said at least a fir message and said command.
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`53.
`
`The method of claim 4, furt er comprising the steps of:
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`receiving said information trans
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`· ssion at a signal generator operatively
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`connected to said transmitter;
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`generating one or more second message , said one or more second messages
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`containing multiple elements of both fixed and van ble length, said one or more second
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`16
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`messages includ g (1) cadence information which is effective at one or more receiver
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`stations to execute predetermined instruction and (2) at least one variable length
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`element containing on or more instructions to be directed to a processor;
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`embedding said se ond message into said first information transmission in a first
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`sequence with said first me age, said first message and said second message in said
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`first information transmission · said first sequence comprising a message stream; and
`
`transmitting said informati
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`transmission and said message stream.
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`The method claim 53, further comprising the step of transmitting at least
`Q,
`some of said tele · ·on programming.
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`55.
`
`e method of claim 4, wherein at least one receiver station includes a
`
`plurality of proce sors, said method further comprising the steps of:
`
`generating a least one fixed length message element containing specific cadence
`
`information which o erates at said at least one receiver station to execute one or more
`
`preprogrogrammed op rating instructions;
`
`generating a plura ity of variable length message elements, each variable length
`
`element containing at leas one instruction and having one of (1) an internal length
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`token, and (2) an associated
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`· gnal designating a file, said plurality of variable length
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`message elements containing in ructions directed to different ones of said plurality of
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`processors;
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`17
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`organizing said generated at least one fixed length message element and said
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`generated plurality of va iable length message elements in a sequence, said at least one
`
`fixed length message elem nt and said generated plurality of variable length message
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`elements in said sequence co
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`rising a message stream;
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`transmitting said messag
`
`A.
`
`Introduction
`
`II.
`
`REMARKS
`
`The Office Action dated August 27, 1996 has been carefully reviewed and the
`
`foregoing amendments made in response thereto. The specification stands objected to
`
`and Claim 2 stands rejected under 35 U.S.C. § 112, first paragraph, Claims 2-4 stand
`
`rejected under the judicially created doctrine of non-obviousness non-statutory double
`
`patenting, Claim 2 stands rejected under 35 U.S.C. § 103 as being unpatentable over
`
`Lovett (U.S. Patent No. 4,450,477) in view of Walker (U.S. Patent No. 3,531,583), and
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`Claims 3-4 stand rejected under 35 U.S.C. § 103 as being unpatentable over Walker in
`
`view of Morris (U.S. Patent No. 3,244,806).
`
`Claims 2-4 have been amended. Claims 5-55 have been added. Claims 2-55
`
`remain active in this application. In accordance with the foregoing, the claims have
`
`been amended to improve clarity, and further, to respond to certain rejections made by
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`the examiner arising under 35 U.S.C. § 112. The examiner's comments on the claims is
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`acknowledged and appreciated. No new matter is presented in the foregoing
`
`amendments. Approval and entry of same is respectfully requested.
`
`18
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`As to the paragraph numbered 2, applicants will address the art rejections of this
`
`Office Action. Applicants, however, traverse the assertion that a double patenting
`
`sitUation exists. The present application claims priority under 35 U.S.C. § 120 of the
`
`following applications:
`
`Serial No.
`
`08/113,329
`08/056,501
`07/849,226
`07/588,126
`07/096,096
`06/829,531
`06/317,510
`
`Filing Date
`
`Patent No.
`
`August 30, 1993
`May 3,1993
`March 10, 1992
`September 25, 1990
`September11, 1987
`February 14, 1986
`November 3, 1981
`
`Pending
`5,335,277
`5,233,654
`5,109,414
`4,965,825
`4,704,725
`4,694,490
`
`As to the paragraph numbered 3, applicants acknowledge their duty to maintain
`
`a line of patentable demarcation between related applications. Assuming, arguendo,
`
`that substantially duplicate claims exist, the applicants intend to make a good faith
`
`effort to alert the PTO of any instances in which the PTO treats such claims
`
`inconsistently.
`
`As to the paragraph numbered 4, applicants acknowledge and appreciate the
`
`examiner's concern over the use of alternative claim language. Applicants submit that
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`the disclosure supports every possible embodiment or permutation that can be created
`
`using said language. During the prosecution of this application, applicants intend to
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`ensure that the disclosure supports each possible embodiment or claimed using
`
`alternative claims.
`
`19
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`As to the double patenting rejections, applicants' views are fully discussed in
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`applicants' reply brief to the rejections in application number 08/113,329. Applicants
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`also address this rejection in the present application.
`
`The Office Action states that "determination of a possible non-statutory double
`
`patenting rejection obvious-type in each of the related 327 applications over each other
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`will be deferred until a later time." Applicants submit that the examiner and the PTO
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`cannot defer further rejections to a later time. Every ground of rejection should be
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`made in examiner's first Office Action. 37 CFR § 1.104(a) states that "[o]n taking up an
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`application for examination ... the examiner shall make a thorough study thereof and
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`shall make a thorough investigation of the available prior art relating to the subject
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`matter of the claimed invention. The examination shall be complete with respect to
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`both compliance of the application ... with the applicable statutes and rules and to the
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`patentability of the invention as claimed, as well as with respect to matters of form,
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`unless otherwise indicated." The MPEP states "[t]he examiner's action will be complete "'
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`as to all matters, except that in appropriate circumstances, such as misjoinder of
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`invention, fundamental defects in the application, and the like, the action of the
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`examiner may be limited to such matters before action is made." MPEP § 707.07, citng
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`37 CFR § 1.105. Finally, "[p]iecemeal examination should be avoided as much as
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`possible. The examiner ordinarily should reject each claim on all valid grounds
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`available .... " "Where a major technical rejection is proper, it should be stated with
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`full development of reasons rather than by mere conclusion coupled with some
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`stereotyped expression." MPEP § 707.07(g). Applicants submit that the examiner has a
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`duty to give each application a complete examination, to make rejections with
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`specificity, and that not to defer rejections. For these reasons, applicants likewise
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`traverse the rejection based on the "judicially created doctrine of double patenting over
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`the claims of copending U.S. application 08/113,329 and the following [list of all
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`applicants copending applications]." Applicants submit that this rejection, even if
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`appropriately made with specificity, should be a provisional double patenting rejection.
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`Applicants respectfully request that this rejection be withdrawn.
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`As to the paragraph related to the multiplicity rejection in parent file 07/096,096,
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`applicants submit that the PTO gave a multiplicity rejection in this case and limited
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`applicants to twenty five claims. Roughly one hundred claims had been originally filed.
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`There was no substantive review of any of the other claims outside of the twenty five.
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`We were not permitted to submit additional claims although a request was mede. The
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`disclosure of applicants address too many subject areas to be adequately covered by a
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`small number of claims. Applicant submit that analysis not required by applicant.
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`As to the 35 U.S.C. § 112, first paragraph rejection of paragraphs 5 and 6,
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`Applicants assert that one of ordinary skill in the art would have appreciated the use of
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`the provided terminology. Appellants respectfully submit that one of ordinary skill in
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`the art would comprehend the meaning of the term "digital television signal" as of the
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`asserted priority date. As disclosed, "digital television" refers to a system whereby
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`television signals are digitized prior to transmission. Moreover, it is clear that the
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`priority document, U.S. Pat. No. 4,965,825 (hereinafter '87 case), filed September 11,
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`1987, and issued on October 23, 1990, adequately discloses and defines the term "digital
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`television". The '87 case references digital television a number of times, including the
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`following:
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`"encryption and decryption means and methods can regulate ... digital video
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`and audio television transmissions" (Specification, p. 279); "the program
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`origmating studio ... transmits a television show that consists of so-called digital
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`video and digital audio, well known in the art" (Specification, p. 288); "encrypted
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`digital video" (Specification, p. 299); "program originating studio ceases
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`transmitting a television signal of digital video and digital audio" (Specification,
`p. 300); "receiving ... television information of said cable channel13 as digital
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`video and audio" (Specification, p. 302); "in the video/computer combined
`medium, capacity is found by transmitting said sets in portions of the television
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`picture that are covered by locally generated overlays (which in digital television
`transmissions can include frames of transmitted video that are 'frozen' after
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`reception in fashions well known in the art)" (Specification, p. 458).
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`Applicants respectfully submit that the disclosure of the '87 case makes clear that
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`"digital television" transmissions include the constituent digital video and digital
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`audio. As is clear from the above specification references, Applicants do not use the
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`terms "digital television" and "digital video" interchangeably. Rather, digital video
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`refers to digitized video signals and may, on the one hand, constitute only one element
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`of digital television while, on the other hand, having applications entirely separate from
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`digital television, for example:
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`"binary video image information of several telephone numbers ... " (Specification,
`p. 366); "microcomputer, 205, combines its specific video RAM binary image
`information of "456-1414" with its received conventional video information"
`(Specification, p. 506).
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`Applicants reiterate that the meaning of the terms "digital television" and
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`"digital video" would have been understood by one of ordinary skill in the art and,
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`furthermore, that the priority specification adequately describes and defines the terms
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`to enable the inventions as claimed. A withdrawal of the rejection under 35 U.S.C. §
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`112, first paragraph, is therefore respectfully requested.
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`B.
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`Pending Claims in View of the Applied Art
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`The claims of the present application have been amended to further clarify the
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`claimed invention.
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`It is respectfully submitted that the claims in the present application should be
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`allowed because these structures and methods are not taught, suggested, or anticipated
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`by the applied prior art taken alone or in combination.
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`As to the 35 U.S.C. § 103 rejections for obviousness, the applicants traverse these
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`rejections as being based on impermissible hindsight. That is, the Office Action's
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`rejections under 35 U.S.C. § 103 are merely the teachings of applicants claimed
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`invention against the applicants, a practice repeatedly held to violate obviousness
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`requirements under §103. There must be a reason or suggestion in the art for
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`combining the references, other than the knowledge obtained from applicants'
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`disclosure. In re Dow ChemicaL 5 USPQ2d 1529, 1532 (Fed. Cir. 1988) (citing
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`Interconnect Planning Corporation v. Feil. 227 USPQ 543,551 (Fed. Cir. 1985)), ACS
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`Hospital Systems.~ at 932. The mere fact that the prior art could be so modified
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`does not make the modification obvious unless the prior art itself suggests the
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`desirability of the modification. In re Gordon. 221 USPQ 1125 (Fed. Cir. 1984). The
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`•
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`Federal Circuit has, on numerous occasions made this point clear. For example, the
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`court stated in ACS Hospital Systems. Inc. v. Montefiore HospitaL 221 USPQ 929 (Fed.
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`Cir. 1984) that:
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`obviousness cannot be established by combining the
`teachings of the prior art to produce the claimed invention,
`absent some teaching or suggestion supporting the
`combination. Under § 103, teachings of references can be
`combined only if there is some suggestion or incentive to do
`so.
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`ACS Hospital Systems. at 932-33. Since the Office Action employs references that,
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`arguendo, disclose disparate aspects of the present invention and does not employ
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`references to show that the cited prior art itself suggests the plucking of one range from
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`one reference and another range from another reference, accordingly the applicants
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`assert that the Office Action does to meet this burden of establishing a prima facie case
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`for obviousness.
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`1.
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`Rejection of Claim 2 under 35 USC§ 103 over Lovett in view of
`Walker
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`Claim 2 stands rejected under 35 U.S.C. § 103 as obvious over Lovett (U.S. Patent
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`No. 4,450,477) in view of Walker (U.S. Pat No. 3,351,583). For the following reasons, this
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`rejection is respectfully traversed.
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`Lovett discloses a system and method for the retrieval and dissemination of
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`stored information at a headend in a cable television (CATV) system through the use of
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`(1) dedicated downstream carrier channels for carriage of requested information and a
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`(2) sub-band upstream return channel for tranSmission of subscriber requests. Each
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`receiver terminal is equipped with a keypad for entry of a catalog number identifying
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`the requested information or progr