UNITED STA 1ES p A 1ENT 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
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`08/460,711
`
`06/0211995
`
`JOHN C. HARVEY
`
`5634.212
`
`5686
`
`7590
`70813
`GOODWIN PROCTER LLP
`901 NEW YORK A VENUE, N.W.
`WASHINGTON, DC 20001
`
`12/21/2009
`
`EXAMINER
`
`MOORE JR, MICHAEL J
`
`ART UNIT
`
`PAPER NUMBER
`
`2467
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/2112009
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`AA1pha-Kpetewama@ goodwinprocter.com
`patentdc@ goodwinprocter.com
`fmckeon@ goodwinprocter.com
`
`PTOL-90A (Rev. 04/07)
`
`1
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`SAMSUNG 1023
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`

`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`08/460,711
`
`Examiner
`
`HARVEY ET AL.
`
`Art Unit
`
`MICHAEL J. MOORE, JR.
`2467
`-- The MAILING DATE 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~ 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
`
`1 )IZ! Responsive to communication(s) filed on 13 March 2002.
`2a)0 This action is FINAL.
`2b)0 This action is non-final.
`3)[8J Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)[8J Claim(s) 2.7-21.23.57.59.61.63.65-67.70-74.87.88.96 and 101 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)[8J Claim(s) 2.7-21.23.57.59.61.63.65-67.70-74.87.88.96 and 101 is/are allowed.
`6)0 Claim(s) __ is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)[8J The drawing(s) filed on 02 June 1995 is/are: a)IZ! accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17 .2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) [8Jinformation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) [8Jinterview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Off1ce
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20091215
`
`2
`
`

`
`Examiner-Initiated Interview Summary
`
`All Participants:
`
`(1) MICHAEL J. MOORE. JR..
`
`(2) CarlL. Benson (Reg. No. 38,378).
`
`Application No.
`
`Applicant(s)
`
`08/460,711
`
`Examiner
`
`HARVEY ET AL.
`
`Art Unit
`
`MICHAEL J. MOORE, JR.
`
`2467
`
`Status of Application: Ex Parte Quayle
`
`(3) __ .
`
`(4) __ .
`
`Date of Interview: 11 December 2009
`
`Time: 1 O:OOam
`
`D Applicant's representative)
`[8J No
`
`Type of Interview:
`[8J Telephonic
`D Video Conference
`D Personal (Copy given to: D Applicant
`
`Exhibit Shown or Demonstrated: DYes
`If Yes, provide a brief description:
`
`Part I.
`
`Rejection(s) discussed:
`
`Claims discussed:
`Claims 2, 6, 57, 59, and 61 were discussed.
`
`Prior art documents discussed:
`Yanagimachi eta/. (U.S. 3,936,595)
`
`Part II.
`
`SUBSTANCE OF INTERVIEW DESCRIBING THE GENERAL NATURE OF WHAT WAS DISCUSSED:
`See Continuation Sheet
`
`Part Ill.
`
`D
`
`It is not necessary for applicant to provide a separate record of the substance of the interview, since the interview
`directly resulted in the allowance of the application. The examiner will provide a written summary of the substance
`of the interview in the Notice of Allowability.
`[8J It is not necessary for applicant to provide a separate record of the substance of the interview, since the interview
`did not result in resolution of all issues. A brief summary by the examiner appears in Part II above.
`
`/Michael J. Moore, Jr./
`Primary Examiner, Art Unit 2467
`
`(Applicant/ Applicant's Representative Signature- if appropriate)
`
`U.S. Patent and Trademark Office
`PTOL-4138 (04-03)
`
`Examiner Initiated Interview Summary
`
`Paper No. 20091215
`
`3
`
`

`
`Continuation Sheet (PTOL-4138)
`
`Application No. 08/460,711
`
`Continuation of Substance of Interview including description of the general nature of what was discussed:
`Amendments to independent claims 2, 57, 59, and 61 that would obviate the Yanagimachi et al. reference of record
`were suggested to Applicant by Examiner. Applicant agreed to incorporate these suggested amendments which are
`provided in the attached Examiner's Amendment.
`
`Upon Applicant complying with the Administrative Requirement, the application may then proceed to allowance ..
`
`4
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`

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`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 2
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`1.
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`This application is in condition for allowance except for the following formal
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`DETAILED ACTION
`
`matters:
`
`The Administrative Requirement as set forth below.
`
`Prosecution on the merits is closed in accordance with the practice under Ex
`
`parte Quayle, 25 USPQ 74, 453 O.G. 213, (Comm'r Pat. 1935).
`
`A shortened statutory period for reply to this action is set to expire TWO
`
`MONTHS from the mailing date of this letter.
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`2.
`
`As the application has prosecution closed on the merits, Applicant is now
`
`required to make the submission to comply with the Administrative Requirement.
`
`Applicants' compliance will take the form of one of the following actions:
`
`(1) Filing terminal disclaimers in each of the related co-pending applications terminally
`
`disclaiming each of the other co-pending applications;
`
`(2) Providing an affidavit attesting to the fact that all claims in the co-pending
`
`applications have been reviewed by Applicant and that no conflicting claims exist
`
`between the applications; or
`
`(3) Resolving all conflicts between claims in the identified co-pending applications by
`
`identifying how all the claims in the instant application are distinct and separate
`
`inventions from all the claims in the identified co-pending applications.
`
`EXAMINER'S AMENDMENT
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`5
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`

`
`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 3
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`2.
`
`An examiner's amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`Authorization for this examiner's amendment was given in a telephone interview
`
`with Carl L. Benson (Reg. No. 38,378) on 12/11/09 and a subsequent facsimile
`
`communication on 12/14/09.
`
`The application has been amended as follows:
`
`Claim 2 (Currently Amended) A method of television signal processing at a
`
`receiver station, said receiver station having a plurality of processors and a digital
`
`switch, said method comprising the steps of:
`
`receiving an information transmission including digital television signals and a
`
`message stream;
`
`detecting said message stream in said information transmission;
`
`programming a control processor to control said digital switch on the basis of
`
`information included in said message stream;
`
`inputting a plurality of commands received in said message stream to a said
`
`control processor;
`
`selecting a plurality of said digital television signals included in said information
`
`transmission in response to said commands, said selected plurality of said digital
`
`television signals being information segments of said information transmission;
`
`6
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`

`
`Application/Control Number: 08/460,711
`Art Unit: 2467
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`Page 4
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`controlling said digital switch to communicate each one of said selected plurality
`
`of said digital television signals to a signal processor; and
`
`processing said selected plurality of said digital television signals to communicate
`
`video and audio signals to a television monitor.
`
`Claim 6 is cancelled.
`
`Claim 57 (Currently Amended) A method of television or video signal processing
`
`at a receiver station, said receiver station having a plurality of processors and a digital
`
`switch, said method comprising the steps of:
`
`receiving an information transmission including a message stream and digital
`
`television or digital video signals;
`
`detecting at least one command in said message stream of said information
`
`transmission;
`
`programming a first of said plurality of processors to control said digital switch on
`
`the basis of information included in said message stream;
`
`inputting said at least one command to a said first of said plurality of processors;
`
`selecting said digital television or digital video signals in response to said at least
`
`one command;
`
`controlling said digital switch to communicate said selected digital television or
`
`digital video signals to at least a second of said plurality of processors; and
`
`7
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`
`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 5
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`processing said digital television or video signals and communicating video and
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`audio signals to a television monitor.
`
`Claim 59 (Currently Amended) A method for one or more transmitter stations to
`
`control television or video signal processing at a receiver station, said receiver station
`
`having a plurality of processors and a digital switch, comprising the steps of:
`
`f41 receiving an information transmission, said information transmission including
`
`a first message stream;
`
`~receiving a first control signal which operates at a transmitter station to
`
`communicate said information transmission to a transmitter; and
`
`~transmitting said first message stream in said information transmission
`
`including digital television or digital video signals, said first message stream to be
`
`received by said receiver station wherein a first of said plurality of processors is
`
`programmed to control said digital switch on the basis of information included in said
`
`first message stream to communicate said digital television or digital video signals
`
`included in said first message stream information transmission to a second of said
`
`plurality of processors and wherein said digital television or digital video signals are
`
`selected and processed to produce video and audio signals to be communicated to a
`
`television monitor of said receiver station in response to commands received in said first
`
`message stream.
`
`8
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`

`
`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 6
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`Claim 61 (Currently Amended) A method for one or more transmitter stations to
`
`control television or video signal processing at a receiver station, said receiver station
`
`having a plurality of processors and a digital switch, comprising the steps of:
`
`f41 receiving an information transmission including a first message stream;
`
`~causing a first portion of said information transmission to be communicated to
`
`a transmitter at a specific time; and
`
`~transmitting said information transmission and said first message stream, said
`
`information transmission and said first message stream to be received by said receiver
`
`station wherein a first of said plurality of processors is programmed to control said
`
`digital switch to communicate digital television or digital video signals included in said
`
`first message stream information transmission to a second of said plurality of
`
`processors and wherein said digital television or digital video signals are selected and
`
`processed to produce video and audio signals to be communicated to a television
`
`monitor of said receiver station in response to at least one command received in said
`
`first message stream.
`
`Claim 67 (Currently Amended) The method of claim 63, wherein said second
`
`message stream includes processor instructions and said one or more transmitter
`
`stations include a first processor operatively connected to said signal generator, said
`
`method further comprising the step of communicating said processor instructions to said
`
`first processor.
`
`9
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`

`
`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 7
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`Claim 96 (Currently Amended) The method of claim 57, further comprising the
`
`step of programming said control processor first of said plurality of processors to
`
`execute a predetermined controlled function.
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statements (IDS) submitted on 4/9/99, 5/11/01,
`
`3/19/02, 6/18/02, 3/14/03, and 5/5/03 are in compliance with the provisions of 37
`
`CFR 1.97. Accordingly, the information disclosure statements are being considered by
`
`the examiner.
`
`Allowable Subject Matter
`
`4.
`
`Claims 2, 7-21, 23, 57, 59, 61, 63, 65-67, 70-74, 87, 88, 96, and 101 are
`
`allowable over the prior art of record.
`
`5.
`
`The following is a statement of reasons for the indication of allowable subject
`
`matter:
`
`Regarding claim 2, the closest prior art, Yanagimachi eta/. (U.S. 3,936,595),
`
`teaches a system for distribution of programming to a subscribing receiver device,
`
`where control signaling is provided from the transmitter end to the receiver end such
`
`that desired programming may be extracted from a program stream by the receiver in a
`
`desired sequence for subsequent display to a subscriber.
`
`Yanagimachi eta/. also teaches a transmission/reception system in Figure 14,
`
`where a receiver 103 is shown that contains processing elements 119-122 as well as
`
`element 118 that performs demodulation and communication of audio and video
`
`programming toward processing elements 119-122 for subsequent processing.
`
`10
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`

`
`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 8
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`However, Yanagimachi eta/. as well as the other prior art of record fails to teach
`
`"programming a control processor to control said digital switch on the basis of
`
`information included in said message stream" in combination with the other limitations of
`
`claim 2.
`
`Regarding claims 7-21, 23, 63, and 65-67, these claims are further limiting to
`
`claim 2 and are thus also allowable over the prior art of record.
`
`Regarding claim 57, the closest prior art, Yanagimachi eta/. (U.S. 3,936,595),
`
`teaches a system for distribution of programming to a subscribing receiver device,
`
`where control signaling is provided from the transmitter end to the receiver end such
`
`that desired programming may be extracted from a program stream by the receiver in a
`
`desired sequence for subsequent display to a subscriber.
`
`Yanagimachi eta/. also teaches a transmission/reception system in Figure 14,
`
`where a receiver 103 is shown that contains processing elements 119-122 as well as
`
`element 118 that performs demodulation and communication of audio and video
`
`programming toward processing elements 119-122 for subsequent processing.
`
`However, Yanagimachi eta/. as well as the other prior art of record fails to teach
`
`"programming a first of said plurality of processors to control said digital switch on the
`
`basis of information included in said message stream" in combination with the other
`
`limitations of claim 57.
`
`Regarding claims 96 and 101, these claims are further limiting to claim 57 and
`
`are thus also allowable over the prior art of record.
`
`11
`
`

`
`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 9
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`Regarding claim 59, the closest prior art, Yanagimachi eta/. (U.S. 3,936,595),
`
`teaches a system for distribution of programming to a subscribing receiver device,
`
`where control signaling is provided from the transmitter end to the receiver end such
`
`that desired programming may be extracted from a program stream by the receiver in a
`
`desired sequence for subsequent display to a subscriber.
`
`Yanagimachi eta/. also teaches a transmission/reception system in Figure 14,
`
`where a receiver 103 is shown that contains processing elements 119-122 as well as
`
`element 118 that performs demodulation and communication of audio and video
`
`programming toward processing elements 119-122 for subsequent processing.
`
`However, Yanagimachi eta/. as well as the other prior art of record fails to teach
`
`"wherein a first of said plurality of processors is programmed to control said digital
`
`switch on the basis of information included in said first message stream to communicate
`
`said digital television or digital video signals included in said information transmission to
`
`a second of said plurality of processors" in combination with the other limitations of
`
`claim 59.
`
`Regarding claims 87 and 88, these claims are further limiting to claim 59 and are
`
`thus also allowable over the prior art of record.
`
`Regarding claim 61, the closest prior art, Yanagimachi eta/. (U.S. 3,936,595),
`
`teaches a system for distribution of programming to a subscribing receiver device,
`
`where control signaling is provided from the transmitter end to the receiver end such
`
`that desired programming may be extracted from a program stream by the receiver in a
`
`desired sequence for subsequent display to a subscriber.
`
`12
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`

`
`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 10
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`Yanagimachi eta/. also teaches a transmission/reception system in Figure 14,
`
`where a receiver 103 is shown that contains processing elements 119-122 as well as
`
`element 118 that performs demodulation and communication of audio and video
`
`programming toward processing elements 119-122 for subsequent processing.
`
`However, Yanagimachi eta/. as well as the other prior art of record fails to teach
`
`"wherein a first of said plurality of processors is programmed to control said digital
`
`switch to communicate digital television or digital video signals included in said
`
`information transmission to a second of said plurality of processors and wherein said
`
`digital television or digital video signals are selected and processed to produce video
`
`and audio signals to be communicated to a television monitor of said receiver station in
`
`response to at least one command received in said first message stream" in
`
`combination with the other limitations of claim 61.
`
`Regarding claims 70-74, these claims are further limiting to claim 61 and are thus
`
`also allowable over the prior art of record.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MICHAEL J. MOORE, JR., whose telephone number is
`
`(571 )272-3168. The examiner can normally be reached on Monday-Friday (7:30am -
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`4:00pm).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, William Korzuch can be reached at (571) 272-7589. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`13
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`Application/Control Number: 08/460,711
`Art Unit: 2467
`
`Page 11
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information 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 http://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 automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Michael J. Moore, Jr./
`Primary Examiner, Art Unit 2467
`
`14