UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
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`10/704,318
`
`11/07/2003
`
`Henry C. Yuen
`
`GS/061 CON 2
`
`CONF NATION N0
`3367
`
`03/17/2009
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`75563
`7590
`ROPES &GRAY LLP
`PATENT DOCKETING 39/361
`1211 AVENUE OF THE AMERICAS
`NEW YORK, NY 10036-8704
`
`:
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`SAINT cm IEAN D
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`2425
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`MAIL DATE
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`03/ 1 7/2009
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`1
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`Comcast, Exhibit—1017
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`1
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`Comcast, Exhibit-1017
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`

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`Office Action Summary
`
`Application No.
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`10/704,318
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`Examine,
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`JEAN D. SAINT CYR
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`App|icant(s)
`
`YUEN ET AL.
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`A,, Unit
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`2425 -
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1)IXI Responsive to communication(s) filed on 23 February 2009.
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`2a)I:I This action is FINAL.
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`2b)IXI This action is non-final.
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`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IXI C|aim(s) 1 3-9 11-23 and 25-30 is/are pending in the application.
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`4a) Of the above c|aim(s)
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`is/are withdrawn from consideration.
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`5)I:I C|aim(s) j is/are allowed.
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`6)IXI C|aim(s) 1 3-9 11-23 and 25-30 is/are rejected.
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`7)I:I C|aim(s) j is/are objected to.
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`8)I:I C|aim(s) j are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
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`10)IZ The drawing(s) filed on 07 January 2003 is/are: a)IXI accepted or b)I:I objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)I:I All
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`b)I:I Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No.
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attach ment(s)
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`1) E Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) |:| Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`.
`U.S. Patent and Trademark Office
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`4) D Interview Summary (PTO-413)
`Paper N0(S)/IVI3” Data E
`5) I:I Noiice Oi informal Paieiii Appiicaiion
`6) D Other:
`.
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`PTOL-326 (Rev. 08-06)
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`Office Action Summary
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`Part of Paper No./Mail Date 20090310
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`2
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`2
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`

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`Application/Control Number: 10/704,318
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`Page 2
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`Art Unit: 2425
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`DETAILED ACTION
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`Continued Examination Under 37 CFR 1.114.
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is
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`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR
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`1.17(e) has been timely paid, the finality of the previous Office action has been
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`withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/23/2009 has
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`been entered.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a
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`foreign country or in public use or on sale in this country, more than one year
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`prior to the date of application for patent in the United States.
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`Claims 8, 30 are rejected under 35 U.S.C. 102(b) as being anticipated by Alten et
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`al, US Patent No. 5635978.
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`Re claim 8, Alten et al disclose a method for displaying an electronic program guide
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`in an interactive television system having a tuner and a screen (see fig.12, tuner and
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`television), the method further comprising:
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`simultaneously displaying a plurality of television program listings in a first area of
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`the screen, a currently broadcast television program received by the tuner in a second,
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`non—overlapping area of the screen and a detailed program description of the currently
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`broadcast television program displayed in the second area of the screen in a third non-
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`overlapping area of the screen(see fig.7c; the video window may display a movie clip for
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`an upcoming pay—per—view movie, the text window may contain schedule, price, and
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`ordering information for the movie, col.9, lines 60-63);
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`3
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`Application/Control Number: 10/704,318
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`Page 3
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`Art Unit: 2425
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`successively marking on the screen current program listings displayed in the first
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`area(to manually scroll the grid so as to control the channels being displayed,
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`col.15,lines 9-10);
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`successively retrieving from a memory channel identifications of the marked program
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`listings(see fig.12, memory; selects program schedule information for a plurality of
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`television channels from memory 210, col.14, lines 21-22); and
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`using the retrieved channel identifications (retrieves the channel map, col.9, line 31)
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`to set the tuner successively to receive the current telecast programs represented by
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`the marked program listings to successively display such programs in the second area
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`of the screen as program listings are marked in the first area (manually scroll the grid so
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`as to control the channels being displayed, col.15, lines 9-10).
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`Re claim 30, see rejection on claim 8.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. l03(a) which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
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`Claims 1, 5, 7, 9,13, 15, 16,17—18, 19, 22, 23, 27,29 are rejected under 35 U.S.C.
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`103(a) as being unpatentable over Alten et al. (US 5,635,978) in view of Maze et al. (US
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`5557338)
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`4
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`Application/Control Number: 10/704,318
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`Page 4
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`Art Unit: 2425
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`Re claim 1, Alten et al disclose method for displaying an electronic program guide
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`in an interactive television system having a tuner (see fig.12, element 245, tuner) and a
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`screen (see fig.12, television), the method comprising:
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`simultaneously displaying a plurality of television program listings in a first area of the
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`screen, a currently broadcast television program received by the tuner in a second, non-
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`overlapping area of the screen and a detailed program description of the currently
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`broadcast television program displayed in the second area of the screen in a third non-
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`overlapping area of the screen (see fig.7c where video promo, text promo and a plurality
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`of programs are displayed simultaneously).
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`But Alten et al did not explicitly disclose switching the detailed program
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`description displayed in the third area of the screen in response to a user input without
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`changing the currently broadcast television program displayed in the second area of the
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`screen.
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`However, Maze et al disclose switching the detailed program description displayed
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`in the third area of the screen in response to a user input without changing the currently
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`broadcast television program displayed in the second area of the screen (see fig.3b, a
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`BROWSE command causes the display of a text description of another television show
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`on another channel, causes the main tuner to remain tuned to the current channel,
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`col.2, lines 33-36).
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`It would have been obvious for any person of ordinary skill in the art at that
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`time the invention was made to introduce switching detailed program description
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`displayed in the third area of the screen without changing the current show into the
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`system of Alten, as taught by Maze, for the purpose of allowing users to keep enjoying
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`their current show whenever they move from one program to another one in the list of
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`the program.
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`5
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`Application/Control Number: 10/704,318
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`Page 5
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`Art Unit: 2425
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`R claim 5, Alten et al disclose means for selecting one of the plurality of
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`program listings displayed in the first area of the screen without changing the currently
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`broadcast television program displayed in the second area of the screen (col. 9, lines
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`59-63; col. 15, lines 9—12—as user manually scrolls through the program guide, the
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`promotional video will remain unchanged).
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`Re claim 7, Alten et al disclose a method for displaying an electronic program
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`guide in an interactive television system having a tuner and a screen (see fig.12), the
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`method further comprising:
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`simultaneously displaying a plurality of television program listings in a first area of
`
`the screen, a currently broadcast television program received by the tuner in a second,
`
`non—overlapping area of the screen and a detailed program description of the currently
`
`broadcast television program displayed in the second area of the screen in a third non-
`
`overlapping area of the screen(see fig.7c; the video window may display a movie clip for
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`an upcoming pay—per—view movie, the text window may contain schedule, price, and
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`ordering information for the movie, col.9, lines 60-63)
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`selecting one of the plurality of program listings displayed in the first area of the
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`screen and controlling the tuner to display in the second area of the screen
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`simultaneously with the program listings the currently telecast video program
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`corresponding to the selected program listing (col. 9, lines 59-63; col. 15, lines 9—12—as
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`user manually scrolls through the program guide, the promotional video will remain
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`unchangedx
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`But Alten et al did not explicitly disclose switching the display in the third area to a
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`description of the program corresponding to the selected program listing.
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`6
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`Application/Control Number: 10/704,318
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`Page 6
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`Art Unit: 2425
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`However, Maze et al disclose a BROWSE command causes the display of a text
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`description of another television show on another channel, causes the main tuner to
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`remain tuned to the current channel, col.2, lines 33-36.
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`It would have been obvious for any person of ordinary skill in the art at that time the
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`invention was made to combine the invention of Alten with the invention of Maze for the
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`purpose of allowing users to change the description of the program whenever a
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`program is highlighted.
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`Re claim 9, Alten et al disclose a display having a screen; a tuner coupled to
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`the display (see fig.12, tuner and television); and
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`means for simultaneously displaying a plurality of television program listings in a first
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`area of the screen, a currently broadcast television program received by the tuner in a
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`second non—overlapping area of the screen and a detailed program description of the
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`currently broadcast television program displayed in the second area of the screen in a
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`third non—overlapping area of the screen(see 7c.; the video window may display a movie
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`clip for an upcoming pay—per—view movie, the text window may contain schedule, price,
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`and ordering information for the movie, col.9, lines 60-63); and
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`But Alten et al did not explicitly disclose means for switching the detailed program
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`description displayed in the third area of the screen in response to a user input without
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`changing the currently broadcast television program displayed in the second area of the
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`screen.
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`However, Maze et al disclose However, Maze et al disclose switching the
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`detailed program description displayed in the third area of the screen in response to a
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`user input without changing the currently broadcast television program displayed in the
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`second area of the screen (see fig.3b, a BROWSE command causes the display of a
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`7
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`Application/Control Number: 10/704,318
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`Page 7
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`Art Unit: 2425
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`text description of another television show on another channel, causes the main tuner to
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`remain tuned to the current channel, col.2, lines 33-36).
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`It would have been obvious for any person of ordinary skill in the art at that
`
`time the invention was made to introduce switching detailed program description
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`displayed in the third area of the screen without changing the current show into the
`
`system of Alten, as taught by Maze, for the purpose of allowing users to keep enjoying
`
`their current show whenever they move from one program to another one in the list of
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`the program.
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`Re claim 13, see rejection on claim 5.
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`Re claim 15, see rejection on claim 7.
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`Re claim 16, Alten et al disclose an entertainment system comprising:
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`a display having a screen; a tuner(see fig.12, television and tuner);
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`means for simultaneously displaying a plurality of television program listings in a first
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`area of the screen, a currently broadcast television program received by the tuner in a
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`second area of the screen and a detailed program description of the currently broadcast
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`television program at a first level of detail in a third area of the screen(see fig.7c; the
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`video window may display a movie clip for an upcoming pay—per—view movie, the text
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`window may contain schedule, price, and ordering information for the movie, col.9, lines
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`60-63).
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`But Alten et al did not explicitly disclose means responsive to an input device for
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`substituting a program description of the currently broadcast television program at a
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`second level of detail for the detailed program description of the currently broadcast
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`television program at a first level of detail in a third area of the screen(a BROWSE
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`command causes the display of a text description of another television show on another
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`8
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`Application/Control Number: 10/704,318
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`Page 8
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`Art Unit: 2425
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`channel, causes the main tuner to remain tuned to the current channel, col.2, lines 33-
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`36).
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`It would have been obvious for any person of ordinary skill in the art at that
`
`time the invention was made to introduce switching detailed program description
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`displayed in the third area of the screen without changing the current show into the
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`system of Alten, as taught by Maze, for the purpose of allowing users to move across a
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`program description without changing the main video.
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`Re claim 17, see rejection on claim 1.
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`Re claim 18, see rejection on claim 8.
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`Re claim 19, see rejection on claim 5.
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`Re claim 22, see rejection on claim 7.
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`Re claim 23, see rejection on claim 1.
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`Re claim 27, see rejection on claim 5.
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`Re claim 29, see rejection on claim 7.
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`Claims 3, 6, 11, 14, 20,25, 28 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Alten in view of Maze and further in view of Marshall et al. (US
`
`.5523796)
`
`Re claim 3, Alten et al did not explicitly disclose further comprising displaying a
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`second currently broadcast television program in the second area of the screen in
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`9
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`Application/Control Number: 10/704,318
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`Page 9
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`Art Unit: 2425
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`response to a user input and switching the display in the third area to a description of
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`the second currently broadcast television program.
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`However, Marshall et al disclose means for displaying a second currently
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`broadcast television program in the second area of the screen in response to a user
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`input and switching the display in the third area to a description of the second currently
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`broadcast television program (Fig. 8; col. 3, lines 45—50—user selects a different
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`program from the grid and a video clip and related information about the program are
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`displayed).
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`It would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to modify Alten and Maze by displaying a second currently
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`broadcast television program in the second area of the screen in response to a user
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`input and switching the display in the third area to a description of the second currently
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`broadcast television program, as taught by Marshall, in order to provide the user control
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`over which video clips and related information about the program the user wishes to
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`view at the convenience of the user.
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`Re claim 6, see rejection on claim 3.
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`Re claim 11, see rejection on claim 3.
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`Re claim 14, see rejection on claim 6.
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`Re claim 20, see rejection on claim 6.
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`Re claim 25, see rejection on claim 3.
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`Re claim 28, see rejection on claim 6.
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`10
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`10
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`Application/Control Number: 10/704,318
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`Page 10
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`Art Unit: 2425
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`Claims 4, 12, 26 are rejected under 35 U.S.C. 103(a) as being unpatentable over Alten
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`in view of Maze further in view of Florin et al. (US 5,583,560
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`Re claim 4, Alten et al did not explicitly disclose further comprising selecting one of the
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`plurality of program listings displayed in the first area of the screen and controlling the
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`tuner to display in the second area of the screen simultaneously with the program
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`listings the currently telecast video program corresponding to the selected program
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`listing.
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`However, Florin et al disclose further comprising selecting one of the plurality of
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`program listings displayed in the first area of the screen and controlling the tuner to
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`display in the second area of the screen simultaneously with the program listings the
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`currently telecast video program corresponding to the selected program listing (currently
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`selected program being displayed in the picture—in—picture window is highlighted in the
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`listings, col. 15, lines 46-49).
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`It would have been obvious for any person of ordinary in the art at that time the
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`invention was made to combine the invention of Alten in view of Maze with the invention
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`of Florin for the benefit of allowing the system to display in the first area of the screen
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`and controlling the tuner to display in the second area of the screen simultaneously with
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`the program listings the currently telecast video program corresponding to the selected
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`program listing.
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`Re claim 12, see rejection on claim 4.
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`Re claim 26, see rejection on claim 4.
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`11
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`11
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`Application/Control Number: 10/704,318
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`Page 11
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`Art Unit: 2425
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`Conclusion
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`Applicant’s arguments with respect to claims 1, 3-9, 11-20, 22-23, 25-30 have
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`been considered but are moot in of the new ground(s) of rejection. The amendment to
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`the claims necessitated the new ground(s) of rejection discussed above. This office
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`action is non-final
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Jean Duclos Saintcyr whose phone number is 571-270-
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`3224. The examiner can normally reach on M—F 7:30-5:00 PM EST.|f attempts to reach
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`the examiner by telephone are not successful, his supervisor, Brian Pendleton, can be
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`reach on 571-272-7527. The fax number for the organization where the application or
`
`proceeding is assigned is 571-273-8300. Information regarding the status of an
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`application may be obtained from the Patent Application Retrieval (PAIR) system.
`
`Status information for published applications may be obtained from either private PAIR
`
`or Public PAIR. Status information for unpublished applications is available through
`
`Private PAIR only. For more information about the PAIR system, see htpp://pair-
`
`direct.uspto.gov. Should you have questions on access to the private PAIR system,
`
`contact the Electronic Business Center (EBC) at 866-217-9197(toll free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the
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`automated information system, dial 800-786-9199(lN USA OR CANADA) or 571-272-
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`1000.
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`Jean Duclos Saintcyr
`
`/Brian T. Pendleton/
`
`Supervisory Patent Examiner, Art Unit 2425
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`12
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`12