•
`
`i7ctf-fol
`
`In ReApplication of
`
`John C. Harvey and James W. Cuddihy
`
`)
`)
`)
`)
`)
`)
`)
`)
`For: SIGNAL PROCESSING APPARATUS)
`AND METHODS
`)
`)
`
`Serial No.
`
`08/449,097
`
`Filed:
`
`May 24,1995
`
`Examiner:
`
`Group Art Unit:
`__.
`
`)
`
`Atty Dkt.
`
`/" Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`I.
`
`AMENDMENT
`
`In response to the Office Action mailed on August 27, 1996, please amend the
`
`above-captioned application as follows:
`
`A.
`
`In The Claims
`
`/
`
`Please amend Claims 2-4 as follows:
`
`2.
`
`A me od of processing signals at a receiver station, said receiver station
`
`having a plurality of pr cessors, said method comprising the steps of:
`
`[programming a co
`
`rol processor to execute a predetermined function;]
`
`receiving an informatio
`
`transmission containing a digital television signal and a
`
`message stream:
`
`~1
`' '~ •
`
`\
`
`VIZIO, Inc. Exhibit 1015
`1 of 62
`
`
`
`i7ctf-fol
`
`In ReApplication of
`
`John C. Harvey and James W. Cuddihy
`
`)
`)
`)
`)
`)
`)
`)
`)
`For: SIGNAL PROCESSING APPARATUS)
`AND METHODS
`)
`)
`
`Serial No.
`
`08/449,097
`
`Filed:
`
`May 24,1995
`
`Examiner:
`
`Group Art Unit:
`__.
`
`)
`
`Atty Dkt.
`
`/" Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`I.
`
`AMENDMENT
`
`In response to the Office Action mailed on August 27, 1996, please amend the
`
`above-captioned application as follows:
`
`A.
`
`In The Claims
`
`/
`
`Please amend Claims 2-4 as follows:
`
`2.
`
`A me od of processing signals at a receiver station, said receiver station
`
`having a plurality of pr cessors, said method comprising the steps of:
`
`[programming a co
`
`rol processor to execute a predetermined function;]
`
`receiving an informatio
`
`transmission containing a digital television signal and a
`
`message stream:
`
`~1
`' '~ •
`
`\
`
`VIZIO, Inc. Exhibit 1015
`1 of 62
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`
`
`• •I
`
`•
`
`detect g [a] said message stream in said information transmission;
`
`selecting ne message of said detected message stream;
`
`t least a first portion of said selected one message to [said] .a control
`
`processor;
`
`l information in said inputted first portion of said selected one
`
`message and commun'cating said selected control information to [a plurality of
`
`dedicated] at least onere 'ster [memories;] memory:
`
`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~
`
`outputting selected othe portions of said message stream to said plurality of
`
`processors;
`
`\
`~-
`
`processing said selected othe ortions of said message stream simultaneously;
`
`controlling the reception or pr sentation of [some] television programming in
`
`accordance [of] with said message strea
`
`·and
`
`metering or monitoring the avai ability, §_se or usa~ of said television
`
`programming or said message stream.
`
`3.
`
`A method of pro ssing signals at a receiver station, said receiver station
`
`having a plurality of processors, c
`
`prising the steps of:
`~ receiving an infonnatio transmission at a transmission st~ )
`
`(2)
`
`generating a message stre
`
`that is effective to enable [a] said receiver
`
`station to control the reception or presenta ·on of [some] television programming [in
`
`2
`
`VIZIO, Inc. Exhibit 1015
`2 of 62
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`
`
`•
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`accordance with sa message] and meter or monitor the availability, use or usage of
`
`said television progra ming or said message stream: and
`
`4.
`
`(1)
`
`(2)
`
`A method of p ocessing signals in a network, comprising the steps of:
`
`receiving an in£ rmation transmission to be transmitted;
`
`receiving an instr ct signal which is effective to:
`
`(a)
`
`effect a [tra mission] transmitter station to generate at least a first
`
`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
`
`and meter or
`
`(3)
`
`al which operates ft said transmitter
`
`station to cornrnunic~aid at ast a first message to a transm~tt5 and
`
`(4)
`
`transmitting said information transmi sion, said instruct signal and said
`
`transmitter control signal.
`
`3
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`VIZIO, Inc. Exhibit 1015
`3 of 62
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`
`
`,,
`
`Please L following claims:
`
`•
`
`The method of claim 2, further comprising the step of programming said
`
`to execute a controlled function in response to said one message.
`
`6.
`
`\
`
`The method of claim 5, further comprising the step of programming said
`
`control processor to compare information stored in at least a first of said at least one
`
`register memory with control function invoking information.
`
`7.
`
`Them thod of claim 6, further comprising the step of programming said
`
`control processor to co pare information stored in at least a second of said at least one
`
`ation that identifies the composition of said one message.
`
`The method of claim 2, wherein said at least one register memory includes
`
`al register memory and said step of selecting control information in said
`
`inputted first p
`
`tion of said selected one message and communicating said selected
`
`a plurality of registers memories comprises:
`
`at least a first portion of said selected one message to said
`
`input signal memory;
`
`selecting information at sai
`
`· put signal memory to compare or communicate;
`
`and
`
`4
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`VIZIO, Inc. Exhibit 1015
`4 of 62
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`
`
`,,
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`•
`
`~ /
`ommunicating said control information to at least a second of said at least one
`(;; £J.. J register m mory.
`
`9.
`
`The method of claim 8, further comprising the step of communicating at
`
`least one of said other portions of said message stream to said input signal register
`
`memory.
`
`10.
`
`The method of claim 2, further comprising the step of controlling a switch
`
`to output at least one of said selected other portions of said message stream to a specific
`
`one of said plurality of processors.
`
`The method of claim 10, further comprising the step of controlling said
`
`switch to co
`
`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
`
`processor.
`
`12.
`
`The method of claim 10, wherein said switch outputs said at least one of
`
`said selected other portions to said control processor.
`
`The method of claim 10, wherein said switch outputs said at least one of
`
`portions to one of a signal processor and a central processor.
`
`5
`
`VIZIO, Inc. Exhibit 1015
`5 of 62
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`
`
`ol
`
`4.
`
`The method of claim 10, further comprising the step of programming said
`
`~.
`• (?l9
`
`7
`
`control processo
`
`control said switch based on information contained in said message
`
`stream.
`
`15.
`
`The method of claim 14, further comprising the steps of:
`
`programming said control processor with comparison information to serve as a
`
`basis for determining the length or format of said at least one segment of said message
`
`stream; and
`
`programming said control processor to compare information stored at said at
`
`least one register memory to said comparison information.
`
`16.
`
`The method of claim 14, wherein said control processor and said switch
`
`are located on a single microchip.
`
`17.
`
`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
`
`controls outputting to a second of said plurality of processors.
`
`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
`
`based on information detected in said message stream, said
`
`6
`
`VIZIO, Inc. Exhibit 1015
`6 of 62
`
`
`
`,,
`
`e further comprising the step of communicating machine language code to said
`
`aid selected other portions of said message stream.
`
`19.
`
`claim 2, wherein said control processor controls a
`
`decryptor to deer
`
`t at least some of said message stream, said method further
`
`comprising the step f outputting one or more of said selected other portions of said
`
`message stream to said ecryptor.
`
`20.
`
`The method o claim 19, further comprising the steps of:
`
`decrypting at least a p rtion of said message stream; and
`
`controlling said decrypt r in accordance with said decrypted at least a portion of
`
`said message stream.
`
`21.
`
`The method of claim 0, wherein said decrypted at least a portion of said
`
`message stream comprises a decryp on key.
`
`22.
`
`The method of claim 21, further comprising the step of decrypting at least
`
`some of said digital television signal in accordance with said decryption key.
`
`23.
`
`The method of claim 19, further comprising the steps of:
`
`storing a decrypted portion of said at least some of said message at some or all of
`
`said at least one register memory; and
`
`7
`
`VIZIO, Inc. Exhibit 1015
`7 of 62
`
`
`
`• ,,
`
`processing decrypted portions of said message stream simultaneously.
`
`he method of claim 23, further comprising the step of decrypting
`
`25.
`
`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
`
`on said standard.
`
`26.
`
`The method of c im 25, wherein further comprising the step of:
`
`storing said standard at o e or more of a Standard Word and a Standard Length
`
`memory; and
`
`programming said receiver st ion to compare data received in said information
`
`transmission to information contained
`
`t said one or more of a Standard Word and a
`
`Standard Length memory.
`
`~9):7
`GJ ~ ( standard, one o
`
`2 .
`
`The method of claim 25, wherein said receiver identifies, based on said
`
`an end of a prior message and (2) a header in said selected one
`
`message.
`
`28.
`
`The method of claim 25, further comprising the step of causing said
`
`control processor to process an interrupt signal based on said standard.
`
`8
`
`VIZIO, Inc. Exhibit 1015
`8 of 62
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`
`
`29.
`
`The method of claim 2, further comprising the step of programming said
`
`receiver station to communicate a processor interrupt signal to at least one of said
`
`plurality of processors.
`
`30.
`
`The method of claim 29, wherein two or more of said plurality of
`
`processors are adapted to communicate or respond to processor interrupt signals, said
`
`method further comprising the step of programming said receiver station to select at
`
`least one of said two or more processors to interrupt.
`
`The method of claim 30, wherein said control processor selects said at
`
`ore processors, said method further comprising the steps of:
`
`or interrupt signal in said information transmission; and
`
`interrupt signal to said control processor.
`
`32.
`
`The method of claim 2, wherein said receiver station includes a video
`
`monitor and a first of said plurality of processors generates a video signal to be
`
`displayed as part of said television programming, said method further comprising the
`
`step of outputting to said first processor a first of said selected other portions of said
`
`message stream which causes said first processor to communicate said video signal to
`
`said video monitor.
`
`9
`
`VIZIO, Inc. Exhibit 1015
`9 of 62
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`
`
`33.
`
`ethod of claim 32, wherein said receiver station includes a speaker
`
`and a second of sai plurality of processors to generates an audio signal containing
`
`audio to be emitted
`
`part of said television programming, said method further
`
`comprising the step of o tputting to said second processor a second of said selected
`
`other portions of said mess e stream which causes which causes said second processor
`
`to communicate said audio si alto said speaker.
`
`The method of claim 33, wherein said receiver station includes one or
`
`er and a portion receiver and a third of said plurality of processors is
`
`adapted to contro said one or more of a tuner and a portion receiver, said method
`
`further comprising the
`
`of programming said third processor to control said one or
`
`more of a tuner and a portio
`
`eceiver based on information contained in said selected
`
`other portions of said message strea:
`
`.
`
`35.
`
`The ethod of claim 2, wherein at least one of said selected other portions
`
`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
`
`method further comprisi g the steps of:
`
`selecting second pr essor code contained in said selected one message; and
`
`communicating
`
`first processor code in accordance with said second
`
`processor code.
`
`10
`
`VIZIO, Inc. Exhibit 1015
`10 of 62
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`
`
`36.
`
`The method of claim 35, wherein said second processor code programs
`
`said control processor to select control information in said message stream and
`
`communicate said selected control information to said at least one register memory,
`
`said method further comprising the step of processing control information of a new
`
`composition and/ or length in accordance with said second processor code.
`
`37.
`
`The
`
`ethod of claim 2, wherein said receiver station includes a plurality
`
`of processors, said
`
`ethod further comprising the steps of:
`
`information transmission at a signal generator operatively
`
`generating (1) fir cadence information which is effective at said receiver station
`
`to execute a predetermine
`
`instruction, and (2) at least one message element containing
`
`one or more instructions to be directed to a specific one of said plurality of processors;
`
`and
`
`embedding said cadenc information and said at least one message element in
`
`said information transmission; an
`
`communicating said inform tion transmission, said cadence information and
`
`said at least one message element to s ·d transmitter.
`
`38.
`
`The method of claim 37,
`
`herein said specific processor includes a
`
`plurality of register memories, said method
`
`rther comprising the steps of:
`
`11
`
`VIZIO, Inc. Exhibit 1015
`11 of 62
`
`
`
`communicating to said signal generator second cadence information which
`
`operates at said plurality of dedicated register to select a portion of one message of said
`
`message stream.
`
`The method of claim 37, wherein said signal generator embeds said
`
`essage stream in said information transmission, said method further
`
`comprising t e tep of communicating said television programming to said transmitter
`
`ansmission.
`
`40.
`
`The method o claim 37, wherein said receiver station includes one of a
`
`tuner and a portion receiver op atively connected to said plurality of processors, said
`
`method further comprising the steps
`
`generating an instruction which o
`
`rates at said receiver station to control said
`
`one of said tuner and said portion receiver tor eive a signal containing at least some of
`
`said television programming; and
`
`transmitting said television programming.
`
`The method of claim 3, further comprising the steps of:
`
`a first instruction specifying a control function to be executed;
`
`nd instruction specifying a data structure, length, or format;
`
`nd second instructions in a sequence, said sequence
`
`comprising a command; and
`
`12
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`VIZIO, Inc. Exhibit 1015
`12 of 62
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`
`
`org~d message stream to include said command.
`
`42.
`
`The method of claim 41, further comprising the steps of:
`
`processing data specifying a condition which must exist at said receiver station;
`
`and
`
`including said data specifying a condition in said command.
`
`The method of claim 41, wherein said command operates at said receiver
`
`ecute one or more instructions contained in an instruction set, said method
`
`further comp ·sing the step of organizing said message stream to include said
`
`instruction set.
`
`c?
`
`44.
`
`of claim 41, further comprising the step of transmitting
`
`operating instructions whic
`
`said receiver station to execute said control
`
`function in response to said comm d.
`
`45.
`
`The method of claim 41, whe ein said command operates at said receiver
`
`station to present one or more receiver specifi data at an output device, said receiver
`
`specific data generated in accordance with said
`
`struction set, said method further
`
`comprising the step of transmitting one or more of (1)
`
`bscriber transaction data to be
`
`stored and processed at said receiver station and (2) meter-
`
`13
`
`VIZIO, Inc. Exhibit 1015
`13 of 62
`
`
`
`46.
`
`The
`
`ethod of claim 41, further comprising the step of transmitting a
`
`signal which operate at said receiver station to communicate a processor interrupt to
`
`47.
`
`The method o claim 46, further comprising the step of transmitting an
`
`instruction which operates at aid receiver station to control a first of said plurality of
`
`processor to selected a second pr essor to be interrupted.
`
`48.
`
`The method of claim 3, further comprising the steps of:
`
`selecting at least some of said television programming at said transmission
`
`station;
`
`selecting meter-monitor data; and
`
`organizing said message stream to include said selected at least some of said
`
`television programming and said selected meter-monitor data.
`
`The method of claim 4, wherein said at least a first message contains first
`
`ation, a first execution segment, and an information segment, said
`
`containing a first part of data and an instruction set, said method
`
`further comprising the ste
`
`generating one or
`
`messages, each of said second messages
`
`containing second cadence informa · n and some other part of said data and an
`
`instruction set;
`
`14
`
`VIZIO, Inc. Exhibit 1015
`14 of 62
`
`
`
`amzmg said first and second messages in a sequence, said sequence
`<:.:..
`ssage stream; and
`
`50.
`
`A
`
`ethod of claim 4, wherein said at least a first message contains
`
`multiple elements f fixed length, said first message including an information segment
`
`containing an instru tion set, said method further comprising the steps of:
`
`generating a se nd message containing multiple elements of fixed length, said
`
`multiple elements compr ing a command;
`
`firstly embedding sa
`
`first message into an information transmission;
`
`subsequently embe
`
`ing said second message into said information
`
`transmission, said first messag firstly and said second message subsequently in said
`
`information transmission compris ·
`
`said message stream; and
`
`transmitting said information t nsmission.
`
`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;
`
`· generating one or more seco
`
`elements or fields to identify one or more
`
`processor instructions in said at least a first
`
`15
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`VIZIO, Inc. Exhibit 1015
`15 of 62
`
`
`
`generating one or more third elements or fields to identify a data format in said
`
`selected code in a sequence with a plurality of message
`
`ce including said generated first, second, and third elements or
`
`fields, said selected code or nized in said sequence with said plurality of message
`
`components and said generated fi
`
`second, and third elements or fields comprising
`
`said at least a first message.
`
`52.
`
`The ethod of claim 4, further comprising the steps of:
`
`generating a · st instruction specifying a control function to be executed;
`
`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
`
`format specified by said sec
`
`organizing said first a d second instructions and said processed data in a
`
`sequence, said sequence compris · g said command;
`
`transmitting said at least a fir message and said command.
`
`53.
`
`The method of claim 4, furt er comprising the steps of:
`
`receiving said information trans
`
`· ssion at a signal generator operatively
`
`connected to said transmitter;
`
`generating one or more second message , said one or more second messages
`
`containing multiple elements of both fixed and van ble length, said one or more second
`
`16
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`16 of 62
`
`
`
`messages includ g (1) cadence information which is effective at one or more receiver
`
`stations to execute predetermined instruction and (2) at least one variable length
`
`element containing on or more instructions to be directed to a processor;
`
`embedding said se ond message into said first information transmission in a first
`
`sequence with said first me age, said first message and said second message in said
`
`first information transmission · said first sequence comprising a message stream; and
`
`transmitting said informati
`
`transmission and said message stream.
`
`The method claim 53, further comprising the step of transmitting at least
`Q,
`some of said tele · ·on programming.
`
`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
`
`token, and (2) an associated
`
`· gnal designating a file, said plurality of variable length
`
`message elements containing in ructions directed to different ones of said plurality of
`
`processors;
`
`17
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`VIZIO, Inc. Exhibit 1015
`17 of 62
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`
`
`organizing said generated at least one fixed length message element and said
`
`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
`
`elements in said sequence co
`
`rising a message stream;
`
`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
`
`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
`
`the examiner arising under 35 U.S.C. § 112. The examiner's comments on the claims is
`
`acknowledged and appreciated. No new matter is presented in the foregoing
`
`amendments. Approval and entry of same is respectfully requested.
`
`18
`
`VIZIO, Inc. Exhibit 1015
`18 of 62
`
`
`
`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
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`inconsistently.
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`As to the paragraph numbered 4, applicants acknowledge and appreciate the
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`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
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`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
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`alternative claims.
`
`19
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`VIZIO, Inc. Exhibit 1015
`19 of 62
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`
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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.
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`The Office Action states that "determination of a possible non-statutory double
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`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
`
`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
`
`possible. The examiner ordinarily should reject each claim on all valid grounds
`
`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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`20
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`VIZIO, Inc. Exhibit 1015
`20 of 62
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`
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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.
`
`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
`
`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
`
`21
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`VIZIO, Inc. Exhibit 1015
`21 of 62
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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).
`
`22
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`VIZIO, Inc. Exhibit 1015
`22 of 62
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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
`
`23
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`VIZIO, Inc. Exhibit 1015
`23 of 62
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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.
`
`Cir. 1984) that:
`
`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.
`
`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.
`
`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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`24
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`VIZIO, Inc. Exhibit 1015
`24 of 62
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`the requested information or progr
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