I
`
`..
`
`i .
`
`r -·
`
`_ _,/,
`
`7 7r~y;~rl-fPJ~
`
`_!, !_ :<·· '--jf 1 I· .__j).:::::;r~.· /~ ~92
`~-c.
`
`/PATENTS
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`John C. Harvey and James W. Cuddihy
`
`)
`)
`)
`)
`)
`)
`)
`)
`For: SIGNAL PROCESSING APPARATUS )
`AND METHODS
`)
`)
`
`Serial No.
`
`08/460,711
`
`Filed:
`
`June 2, 1995
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`Examiner:
`
`Groody,J.
`
`Group Art Unit:
`
`2619
`
`Atty Dkt.
`
`5634.212
`
`C)
`:::::;
`-
`t."'
`~ 1'\v
`-0
`
`. '
`
`...
`
`f\.) ~
`OJ
`
`--0 -·(cid:173)..
`
`-
`.:::.:·
`
`< ' I
`
`AMENDMENT AND REQUEST FOR RECONSIDERATION
`
`In response to the Office Action mailed July 22, 1996 in the above-captioned
`
`application (PTO File Wrapper Paper No. 2), Applicants submit the following
`
`Amendment and Remarks.
`
`It is not believed that extensions of time or fees for net addition of claims are
`
`required, beyond those which may otherwise be provided for in documents
`
`l·
`
`accompanying this paper. However, in the event that additional extensions of time are
`
`necessary to allow consideration of this paper, then such extensions of time are hereby
`petitioned under 37 CFR § 1.136(a), and any fees required therefor (including fees for
`
`net addition of claims) are hereby authorized to be charged to Howrey & Simon Deposit
`
`Account No. 08-3038.
`
`~ENDMENT /
`I.
`/
`Kindl{enter the ~wing amendment:
`
`260 NJ 01/16/97 08460711
`1 203
`414.00 CK
`
`1
`
`SAMSUNG 1026
`
`
`
`..
`
`i .
`
`r -·
`
`_ _,/,
`
`7 7r~y;~rl-fPJ~
`
`_!, !_ :<·· '--jf 1 I· .__j).:::::;r~.· /~ ~92
`~-c.
`
`/PATENTS
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`John C. Harvey and James W. Cuddihy
`
`)
`)
`)
`)
`)
`)
`)
`)
`For: SIGNAL PROCESSING APPARATUS )
`AND METHODS
`)
`)
`
`Serial No.
`
`08/460,711
`
`Filed:
`
`June 2, 1995
`
`Honorable Commissioner of Patents
`and Trademarks
`Washington, D.C. 20231
`
`Sir:
`
`Examiner:
`
`Groody,J.
`
`Group Art Unit:
`
`2619
`
`Atty Dkt.
`
`5634.212
`
`C)
`:::::;
`-
`t."'
`~ 1'\v
`-0
`
`. '
`
`...
`
`f\.) ~
`OJ
`
`--0 -·(cid:173)..
`
`-
`.:::.:·
`
`< ' I
`
`AMENDMENT AND REQUEST FOR RECONSIDERATION
`
`In response to the Office Action mailed July 22, 1996 in the above-captioned
`
`application (PTO File Wrapper Paper No. 2), Applicants submit the following
`
`Amendment and Remarks.
`
`It is not believed that extensions of time or fees for net addition of claims are
`
`required, beyond those which may otherwise be provided for in documents
`
`l·
`
`accompanying this paper. However, in the event that additional extensions of time are
`
`necessary to allow consideration of this paper, then such extensions of time are hereby
`petitioned under 37 CFR § 1.136(a), and any fees required therefor (including fees for
`
`net addition of claims) are hereby authorized to be charged to Howrey & Simon Deposit
`
`Account No. 08-3038.
`
`~ENDMENT /
`I.
`/
`Kindl{enter the ~wing amendment:
`
`260 NJ 01/16/97 08460711
`1 203
`414.00 CK
`
`1
`
`SAMSUNG 1026
`
`
`
`••
`
`•
`
`/.
`/
`In the Claims:
`{fiease a~d the claims as follow€]
`t~
`(Amended) A method of television signal rocessing at a receiver
`2.
`~~ ystation, ~ r~ceiver station having-~ plurality of proc ss~nd a digital switch, said
`method comprising the steps of:
`
`[programming a control processor to contr 1 said digital switch on the basis of
`
`information contained in messages;]
`
`receiving an information transmissio containing [a] digital television signal~
`
`~(
`v~
`'~
`
`and a message stream:
`
`detecting [a] said message strea
`
`in said. information transmission;
`
`inputting a plurality of comma ds received in said message[s] stream to [said] g_
`
`control processor;
`
`selecting said digital televi on signals contained in said [message stream]
`
`information transmission in res onse to [some] said command~ [information,] said
`
`selected digital television si
`
`1~ being information segments of said information
`
`transmission [message strea
`
`controlling said dig· al switch to communicate each selected digital television
`
`signal to a signal process r;
`
`processing said gital television signals to communicate [and communicating]
`
`to a television monitor.
`
`(Arne Cled) A method of delivering programming at f video or audio
`3.
`programming stor ge stati~ said storage station comprising one or more storage
`
`locations capable f storing video or audio programming, a transmission device capable
`
`of communicaf g video or audio programming to or from said one or more storage
`
`2
`
`
`
`•I
`
`••
`
`•
`
`2J J locations, and a processor capable of controlling at least one of said o e or more storage
`~~ ;)( locations to receive, store, or communicate video or audio progra ming or capable of
`controlling said transmission device to communicate video or udio programming,
`
`comprising the steps of:
`
`(1)
`
`receiving a signal c;omprising video or a
`
`comprising video or audio-programming containin. ·one of [lm] (i) a first intermediate
`--------------------~-
`~'--__/
`generation set and (ii) at least some of a progra
`instruction set;
`
`(2)
`
`receiving a first control signal w ich [operates at] causes a transmitter
`
`station to communicate said si al compris · g video or audio programming to a
`
`transmitter; and
`
`lfransmitti~'g'Said first in ermediate generation 3 said [one of said] first
`
`(3)
`
`intermediate generation set to best red at said video or audio programming storage
`
`station .. [in respect of said video
`
`audio programming.]
`
`4.
`
`(Amended)
`
`method of delivering programming at a video or audio
`
`programming storage stat" n, said storage station comprising one or more storage
`
`locations capable of stor· g video or audio programming, a transmission device capable
`
`of communicating vi o or audio programming to or from said one or more storage
`
`locations, and a pro essor capable of controlling at least one of said one or more storage
`
`locations to receiv , store, or communicate video or audio programming or capable of
`
`controlling said ransmission device to communicate video or audio programming,
`
`(1)
`
`receiving a signal comprising first video or audio programming and
`
`ne of [an] (i) a first intermediate generation set and (ii) at least some of a
`
`struction set; and
`
`3
`
`
`
`•I
`
`•
`
`•
`
`(2)
`
`causing said first intermediate gen ation set to be communicated to a
`
`transmitter at a specific time, thereby to trans
`
`it said first intermediate generation set,
`
`said first intermediate generation set to be ored at said video or audio programming
`
`storage station.:. [in respect of said video r audio programming.]
`
`(Amended) A method of delivering programming at a video or audio
`
`g storage station, said storage station comprising one or more storage
`
`locations capa le of storing said video or audio programming, a transmission device
`
`capable of comm
`
`icating said video or audio programming to or from said one or
`
`more storage location and a processor capable of controlling at least one of said one or
`
`more storage locations to eceiv store, or communicate said video or audio
`
`programming or capable of c
`
`trolling said transmission device to communicate said
`
`video or audio programming, co prising the steps of:
`
`receiving a signal containing
`
`id video or audio programming;
`
`communicating said signal conta
`
`ing said video or audio programming to at
`
`least one of said one or more storage locati
`
`storing said signal containing said vide or audio programming at said at least
`
`one of said one or more storage locations; and
`
`storing one of (i) an intermediate e.::.en=e=ra=t=io=n:..:....=:T-=-===:.....l~....=.::-===:...=.>=:.=..,=-=
`
`program instruction set [in respect of said video or au
`
`or audio programming storage station.
`
`/
`/
`..-/'
`@ease aad the following new claim0
`
`4
`
`
`
`•I
`
`•
`
`•
`
`\
`
`The method of claim 2, further comprising the step of programming said
`
`control p ocessor to control said digital switch on the basis of information contained in
`
`7.
`
`The method of claim 2, wherein said television signals include part of a
`
`television prog\~m, said method further comprising the steps of:
`
`generatin a balance of said television program; and
`
`synchroniz" g delivery of said received part of a television program and said
`
`generated balance o said television program at one of a television monitor and a
`
`8.
`
`The metho of claim 7, wherein a memory is operatively connected to said
`
`one of a television monitor and a television storage device, said generated balance of
`
`said television program incl des a receiver specific datum, and said step of
`
`synchronizing comprises ston g said receiver specific datum in said memory and
`
`clearing at least some of said m mory.
`
`9.
`
`The method of claim , wherein a memory is operatively connected to said
`
`one of a television monitor and a tel vision storage device, and said step of
`
`synchronizing comprises setting a vis
`
`le background color at some or all of said
`
`. memory and producing a combined or equential presentation of said received part of a
`
`television program and said visible back ound color.
`
`10.
`
`The method of claim 9, further comprising the step of detecting one or
`
`more processor instructions in said information transmission which operate to generate
`
`said balance or synchronize said presentation.
`
`5
`
`
`
`•l
`
`•
`
`•
`
`11.
`
`The method of claim 7, further comprising the steps of:
`
`detecting one or more instruct signals in said information transmission;
`
`communicating said one or more instruct signals to at least one of said plurality
`
`of processors; and
`
`performing at least one of said steps of generating and synchronizing in response
`
`to said one or more instruct signals.
`
`12.
`
`The method of claim 11, wherein said digital switch communicates said
`
`one or more instruct signals to said at least one processor.
`
`13.
`
`The method of claim 11, wherein said control processor communicates
`
`said one or more instruct signals to said at least one processor.
`
`; \
`
`14.
`
`he method of claim 2, wherein said control processor controls a first
`
`to generate video and a second central processor to output a video
`~J \central process
`, 1 ~ (h signal, said metho further comprising the steps of:
`r J ~ ')
`detecting cod in said information transmission; and
`
`·
`
`controlling one
`
`said signal processor, said first central processor, and said
`
`second central processor ased on said code.
`
`15.
`
`The method of c im 14, wherein said code controls said control processor,
`
`said method further comprising e step of communicating at least one processor
`
`instruction to said one of said signa processor, said first central processor, and said
`
`second central processor in accordanc with said code.
`
`6
`
`
`
`•
`
`•
`
`16.
`
`ethod of claim 14, wherein said code programs said control
`
`processor to respon
`
`to said commands, said method further comprising the step of
`
`controlling one of sai signal processor and said digital switch in accordance with said
`
`code.
`
`17.
`
`The method of claim 16, wherein said method further comprises the step
`
`of controlling said digital switch to select or output said digital television signals in
`
`response to said commands.
`
`18.
`
`The method of claim 17, further comprising the step of controlling said
`
`digital switch to output said digital television signals to said signal processor.
`
`19.
`
`The method of claim 16, wherein said method further comprises the step
`
`of controlling said signal processor to receive, select, or process said digital television
`
`signals or communicate said video and audio signals in response to said commands.
`
`20.
`
`The method of claim 19, further comprising the step of controlling said
`
`signal processor to output selected audio to a speaker in response to said commands.
`
`~\J\
`21.
`Tli method of claim 19, wherein one of said commands and said digital
`~>l.jr0, \television signals is ontained in a code portion of said information transmission and
`\' '
`said receiver station in udes a portion receiver, said method further comprising the
`
`step of:
`
`controlling said portio receiver to receive said code portion.
`
`7
`
`
`
`•
`
`22.
`
`•
`
`The~ thod of claim 21, further comprising the step of controlling said
`
`portion receive to rec we an expanded or contracted code portion based on said
`
`commands.
`
`23.
`
`The method of claim 16, further comprising the step of storing or
`
`communicating to a remote station information evidencing detection of said commands
`
`or communication of said digital television signals.
`
`The method of claim 3, wherein said transmitter station is a remote
`
`transmitter station, said method further comprising the step of
`
`id first control signal.
`
`25.
`
`ethod of claim 24, further comprising the step of transmitting a
`
`second control signa which causes said remote intermediate transmitter station to
`
`transmit one of (i) said rogram instruction set, (ii) a command, and (iii) a second
`
`intermediate generations
`
`26.
`
`The method o cla·m 25, wherein said one of (i) said program instruction
`
`set, (ii) a command, and (iii) a sec d intermediate generation set is generated in
`
`accordance with said first intermedi te generation set, said method further comprising
`
`the step of transmitting information to erve as a basis for generating said one of (i) said
`
`program instruction set, (ii) a command,
`
`d (iii) a second intermediate generation set.
`
`27.
`
`The method of claim 26, wherein aid information to serve as a basis for
`
`generating is one of a formula and an item.
`
`8
`
`
`
`•
`
`•
`
`'
`
`The method of claim 25, wherein said video or audio programming
`
`storage st tion is operatively connected to said transmitter, said method further
`
`comprising he step of transmitting one or more third control signals which cause said
`
`remote inter ediate transmitter station to execute said intermediate generation set
`
`1 of time during which said one of (i) said program instruction set, (ii) a
`
`command, and (i ")a second intermediate generation set is to be generated.
`
`29.
`
`The me od of claim 24, further comprising the step of transmitting said
`
`signal comprising vide or audio programming to said remote intermediate transmitter
`
`station.
`
`30.
`
`3, wherein said signal comprising video or audio
`
`programming is received at a
`
`· al generator operatively connected to said
`
`transmitter, said method further
`
`receiving a second control s
`
`causing said video or audio p ogramming storage station to deliver said
`
`intermediate generation set at an outp t operatively connected to said signal generator
`
`in response to said second control signal.
`
`31.
`
`The method of claim 30, where· said transmission device comprises one
`
`of (1) a matrix switch, (2) a digital switch, and 3) a computer, said one of (1) a matrix
`
`switch, (2) a digital switch, and (3) a computer· eluding said output operatively
`
`· connected to said signal generator, said method fU ther comprising the steps of:
`
`receiving a third control signal; and
`
`controlling said transmission device to comm
`
`icate said one of said signal
`
`containing video or audio programming and said inter ediate generation (a) to one of
`
`9
`
`
`
`•
`
`•
`
`said on or more storage locations and (b) from said one of said matrix switch, said
`
`digital sw tch, and said computer in response to said third control signal.
`
`32.
`
`e method of claim 4, wherein said signal comprising video or audio
`
`programming c ntains a series or stream of control instructions, said method further
`
`comprising the st of storing two or more of said control instructions in a specific
`
`order prior to said s ecific time.
`
`33.
`
`The meth d of claim 4, wherein said signal comprising video and audio
`
`programming contains ge erally applicable video or audio information to serve as a
`
`basis for selecting video or udio programming to output at said receiver station, said
`
`method further comprising t
`
`generating at least on o a plurality of control instructions which enable said
`
`receiver station to select and outp t said video or audio programming prior to said
`
`specific time; and
`
`transmitting at least two of sai plurality of control instructions in a specific
`
`order.
`
`34.
`
`The method of claim 33, wher in said plurality of control instructions
`
`comprises a message stream, said method fur her comprising the step of transmitting
`
`operating instructions which are effective to co trol said processor to process at least
`
`one message of said message stream.
`
`35.
`
`The method of claim 33, wherein said g nerally applicable information
`
`comprises some of one of (i) said program instructions t and (ii) a second intermediate
`
`generation set, said method further comprising the step o causing said video or audio
`
`10
`
`
`
`•
`
`•
`
`programm~g stor e station to store data to serve as a basis for generating a balance of
`
`said one of (i) said p gram instruction set and (2) a second intermediate generation set.
`
`36.
`
`of claim 33, wherein said generally applicable information
`
`includes at least some of a rocessor instruction, said method further comprising the
`
`step of transmitting one of a \embly language code and a signal word to be assembled.
`
`clai@wherein said at least some of a processor
`
`d. at said receiver station, said method further comprising the
`
`assembled
`
`38.
`
`e method of claim 33, wherein said generally applicable information
`
`includes higher 1 guage code and a control signal operates to generate software by
`
`completing a modul containing said higher language code, said method further
`
`comprising the step of r ceiving and storing instructions which operate to compile or
`
`link said module or to com lete said higher language code.
`
`39.
`
`The method of c
`
`· 34, wherein said generally applicable information
`
`includes said first video or audio pr
`
`ramming, said method further comprising the
`
`steps of:
`
`transmitting second video or audio ogramming to be outputted in a combined
`
`or sequential presentation with said first video or audio programming.
`
`11
`
`
`
`•
`
`•
`
`40.\ The method of claim 39, further comprising the step of transmitting a
`control sign~ which causes said video or audio programming storage station to store
`said second video or audio programming.
`
`41.
`
`Th method of claim 5, wherein said video or audio programming
`
`includes an incom lete programming element, and said one of an intermediate
`
`generation set and a least some of a program instruction set operates to complete said
`
`incomplete program
`
`ing element by processing a class of data, said method further
`
`comprising the step of eceiving a control signal which designates at least one of said
`
`incomplete programmin element and said class of data.
`
`42.
`
`c 1m 41, wherein said class of data designates
`
`programming distributor d t , said method further comprising the step of receiving
`
`and storing distributor data.
`
`43.
`
`The method of claim 41, wherein said class of data designates subscriber
`
`data, said method further compris · g the step of receiving and storing subscriber data.
`
`44.
`
`The method of claim 5,
`
`erein said video or audio programming is of a
`
`duration, said duration including a seri of time intervals of specific relevance, said
`
`method further comprising the step of rec iving and storing a control signal which
`
`contains a series or stream of sequentially ansmitted control instructions, each control
`
`instruction to generate or output one or mor user data.
`
`45.
`
`The method of claim 44, wherein
`
`id series or stream of sequentially
`
`transmitted control instructions is a message stre m, said method further comprising
`
`12
`
`
`
`•
`
`•
`
`the step f receiving and storing instructions which are effective to instruct said
`
`processor o process at least one message of said message stream.
`
`46.
`
`e method of claim 5, wherein said one of an intermediate generation set
`
`and at least so e of a program instruction set operates to generate a control signal, said
`
`method further c mprising the step of receiving and storing generally applicable
`
`information of sai control signal.
`
`47.
`
`d of claim 46, wherein said generally applicable information of
`
`said control signal is at 1 ast some of a processor instruction, said method further
`
`comprising the step of rec iving and storing one of assembly language code and a
`
`signal word to be assemble .
`
`48.
`
`The method of c a·m 5, wherein in response to a specific control
`
`instruction said processor genera es a series of user specific data, and a processor
`
`interrupt signal is inputted to said rocessor to enable the communication of one or
`
`more specific user specific data to an utput device at a specific time, said method
`
`further comprising the step of receivin and storing at least some of said specific control
`
`instruction and said interrupt signal.
`
`49.
`
`The method of claim 48, wher · said interrupt signal is inputted to said
`
`processor in response to a first further contro
`
`struction and said interrupt signal
`
`causes said processor to clear a specific memor location and store a generated user
`
`specific datum in the specific memory location to orm a subsequent output, said
`
`method further comprises the step of receiving an storing said first further control
`
`instruction.
`
`13
`
`
`
`•
`
`•
`
`5
`
`The method of claim 49, wherein a second further control instruction
`
`processor to cease communicating one or more receiver specific data to said
`
`and to commence or resume generating said series, said method further
`
`comprising th step of receiving and storing said second further control instruction.
`
`51.
`
`ethod of claims 5, wherein a control program causes a controller
`
`operatively connec d to said video or audio storage station to control one or more
`
`peripheral devices, s id method further comprising the step of receiving and storing
`
`said control program.
`
`52.
`
`aim 48, wherein said one or more peripheral devices
`
`include one of a matrix sw t h and a digital switch operatively connected to said video
`
`or audio storage station, said ethod further comprising the step of receiving and
`
`storing an identifier designatin information to be communicated by said one of a
`
`matrix switch and a digital switc .
`
`53.
`
`The method of claim 4 wherein said video or audio programming
`
`storage station comprises one of (1) a
`
`· deo or audio tape player and (2) a memory
`
`operatively connected to a computer.
`
`54.
`
`The method of claim 48, wher in said signal containing video or audio
`
`programming comprises an analog television signal.
`
`t1/
`
`
`
`•
`
`•
`
`II.
`
`REMARKS AND REQUEST FOR RECONSIDERATION
`
`Claims 2-5 are pending in this application. Claims 2, 3, 4 and 5 are independent
`
`claims. By the foregoing amendment, claims 2, 3, 4 and 5 are sought to be amended.
`
`New claims 6-55 are sought to be added. These changes are believed not to introduce
`
`new matter. After the foregoing claim amendments are entered, claims 2-55 will be
`
`pending in this application.
`
`A.
`
`Introduction
`
`The Office Action dated July 22, 1996 has been carefully reviewed. As to the
`
`grouping of paragraphs numbered 19 in the Office Action, Applicants acknowledge and
`
`appreciate the interviews provided by the PTO. Applicants also appreciate the detailed
`
`description of the interviews provided in the Office Action. In the interest of
`
`maintaining a clear record, however, Applicants respectfully traverse the Office
`
`Action's interview summary statement that an offer was made to terminally disclaim
`
`the present application with respect to the '81 or '87 patents. Rather, Applicants
`
`respectfully submit that their offer was to disclaim a block of co-pending applications
`
`against one another, provided their issue date was in close enough proximity so as not
`
`to result in unnecessarily great losses in patent term duration.
`
`As to the paragraph numbered 2 in the Office Action, Applicants will address the
`
`art rejection of this Office Action. Applicants, however, traverse the assertion that a
`
`double patenting situation exists.
`
`15
`
`
`
`•
`
`•
`
`As to the paragraph numbered 3 in the Office Action, Applicants acknowledge
`
`their duty to maintain a line of patentable demarcation between related applications.
`
`Assuming arguendo that substantially duplicate claims do exist, Applicants intend to
`
`make a good faith effort to alert the PTO of any instances in which the PTO treats such
`
`claims inconsistently.
`
`As to the paragraph numbered 4 in the Office Action, Applicants acknowledge
`
`and appreciate the Examiner's concern over the use of alternative claim language ..
`
`Applicants assert that they believe that the disclosure supports every possible
`
`embodiment or permutation that can be created using said language. During the
`
`prosecution of this application, Applicants intend to ensure that the disclosure supports
`
`each possible embodiment claimed using alternative claim language.
`
`In paragraph 5 of the Office Action, the Examiner raised several questions
`
`concerning specific claim language. These questions have been fully addressed by the
`
`foregoing amendments to the claims.
`
`B.
`
`Objection to the Specification Under 35 U.S.C. §112 <Jl1
`
`In paragraph 6 of the Office Action, the Examiner objected to the specification
`
`under 35 USC §112, <Jll, as failing to provide an enabling disclosure. The Examiner
`
`inferred that the phrases II digital television" and/ or II digital video" were not properly
`
`disclosed. Applicants respond that much of the disclosure is in fact directed to digital
`
`television and/ or video, as illustrated below.
`
`16
`
`
`
`•
`
`•
`
`Referring to the 1987 disclosure, starting at Col. 155, 1. 45 Applicants discuss
`
`"well-known" means and methods for regulating the reception and use of electronically
`
`transmitted programming. In addition, starting at Col. 160, 1. 60, Applicants discuss the
`
`encryption and transmission of digital video and digital audio. Moreover, starting at
`
`Col. 254, 1. 27, Applicants expressly describe digital television and the processing of
`
`signals transmitted in this medium.
`
`Applicants assert that one skilled in the relevant art would have understood the
`
`cited examples, as well as other portions of the disclosure, as providing an enabling
`
`disclosure. Accordingly, Applicants request that the Examiner withdraw the objection
`
`to the specification under 35 USC §112, <[1.
`
`C.
`
`Rejection of Claim 2 Under 35 U.S.C. §112 <[1
`
`In paragraph 7 of the Office Action, the Examiner rejected claim 2 under 35 USC
`
`§112, <[1, for the same reasons as set forth in the objection to the specification.
`
`Applicants therefore incorporate by reference the same traversal made above as support
`
`for their position that claim 2 is fully supported by the specification. Accordingly,
`
`Applicants request that the Examiner withdraw the rejection of claim 2 under 35 USC
`
`§112, <[1.
`
`D.
`
`Rejection of Claim 2 Under 35 U.S.C. §103
`
`17
`
`
`
`•
`
`•
`
`In paragraph 17 of the Office Action, the Examiner rejected claim 2 as being
`
`unpatentable over Cheung (US 4,430,669) or Matsumoto et al. (US 4,245,245).
`
`Specifically, the Examiner stated that Cheung teaches programming a control processor
`
`to control switch (decoder) 33 on the basis of message information from 33 to 26,
`
`receiving a TV signal, 22 and 28, detecting a message stream at 29, inputting commands,
`
`36, selecting signals, 39 and 26, controlling the switch, 26 controlling 33, and processing,
`
`24. The Examiner then officially noticed that although Cheung is directed to analog
`
`television signal processing, digital television signals were well known and available at
`
`the earliest filing date of Applicants' invention (November 3, 1981). The Examiner
`
`therefore concluded that the processing of television signals, whether received in analog
`
`or digital form, would have been "equivalent."
`
`As the rejection is stated, the Examiner has failed to set forth a comprehensible
`
`rationale for rejecting claim 2. See MPEP §706.02(j) which requires that the Examiner set
`
`forth in the Office Action (1) the relevant teachings of the prior art relied upon; (2) the
`
`difference(s) between the claim and the applied prior art; (3) the proposed modification
`
`of the applied prior art necessary to arrive at the claimed subject matter; and (4) an
`
`explanation of why such a proposed modification would have been obvious.
`
`Nevertheless, Applicants set forth below sufficient remarks to distinguish between the
`
`claimed subject matter and Cheung.
`
`Claim 2 of the present invention is directed toward a method of processing a
`
`digital television signal at a receiver station. The method includes the steps of receiving
`
`an information transmission containing digital television signals and a message stream,
`
`18
`
`
`
`•
`
`•
`
`detecting the message stream contained in the information transmission, inputting a
`
`plurality of commands received in the message stream to a control processor, selecting
`
`digital television signals contained in the information transmission in response to the
`
`commands, controlling a digital switch to communicate each of the digital television
`
`signals to a signal processor and processing the digital television signals for display.
`
`In contrast, Cheung is directed to an apparatus for broadcasting analog television
`
`signals which contain programming information identifying "future special programs"
`
`and an apparatus for receiving such analog television signals and storing certain
`
`information contained therein when other programming information in the broadcast
`
`signal matches information already stored in local memory (RAM or ROM) contained at
`
`the receiving subscriber's station. Importantly, the apparatus of Cheung requires that
`
`the subscriber station "during non-programming hours [i.e., overnight] tune each
`
`individual station identified in [local] memory and write into memory the time and
`
`station identity of those special broadcasts which the subscriber is entitled to receive."
`
`Cheung, Col. 9, 11. 35-41.
`
`Cheung, therefore, discloses a system for receiving, only in advance. signal
`
`information which permits a subscriber to view (i.e., descramble) "special broadcasts"
`
`which will occur at some future date/time after receipt and decoding of the
`
`programming information. Cheung, Col. 11. 66- Col. 2. 1. 2. ("It is a specific object of
`
`this invention to broadcast programming information in advance of a special program
`
`to enable authorized customers of subscription television services to receive a later
`
`19
`
`
`
`•
`
`•
`
`broadcast of a special program.")(emphasis added). This differs markedly from
`
`Applicants' claimed invention.
`
`First, Applicants note that claim 2 is directed to a method of processing a digital
`
`television signal. In contrast, Cheung is directed entirely to processing of an analog
`
`television signal. If, as the Examiner infers, processing of digital television signals was
`
`"well known" in 1981, Cheung undoubtedly would have disclosed such processing.
`
`Cheung, however, fails to even suggest Applicants' claimed processing of digital
`
`television signals. Moreover, Cheung fails to teach or suggest Applicants' specific
`
`claimed implementation of digital television signal processing.
`
`Cheung also fails to teach or suggest Applicants' claimed step of selecting digital
`
`television signals contained in a message stream based on command information
`
`contained in that same message stream. Significantly, what might be considered to be
`
`"command information" in Cheung must be sent and received during non(cid:173)
`
`programming hours (i.e., overnight) and in advance of the special program to be
`
`received. Cheung therefore expressly teaches away from Applicants' claimed method.
`
`Finally, Cheung fails to teach or suggest Applicants' claimed step of
`
`communicating each selected digital television signal (i.e., video, audio, etc.) to a signal
`
`processor and then processing the digital television signals and communicating them to
`
`a television monitor. For at least these reasons, Applicants' claimed invention is
`
`patentable over Cheung.
`
`The Examiner further stated that claim 2 was unpatentable over Matsumoto et al.
`
`(US 4,245,245). Specifically, the Examiner stated that Matsumoto discloses processors,
`
`20
`
`
`
`•
`
`•
`
`34 and 38, switch (converter) 37, programming the processor, 34, receiving the signal, 32
`
`and 33, detecting the message, 33, inputting the commands, the inputs to 34, selecting
`
`signal, 42, controlling the switch, 34 controls 37, and processor, 38. As above,
`
`Applicants maintain that the Examiner has failed to set forth a coherent basis of
`
`rejection of claim 2 over Matsumoto. Nonetheless, Applicants set forth below sufficient
`
`remarks to distinguish between the claimed subject matter and Matsumoto.
`
`Matsumoto discloses an interactive CATV system in which fixed length
`
`messages are received by a terminal unit and are used to enable reception and decoding
`
`of pay television programming. As shown in Fig. 5, incoming signals pass through FSK
`
`receiver 33 to Terminal Signal Processor 34 and are used to enable descrambler 38. Col.
`
`11, 1. 67-Col. 12, 1. 9. Both the television signal and the fixed length messages are analog
`
`signals, as noted by the Examiner.
`
`In sharp contrast, Applicants' claimed invention is directed toward a method of
`
`processing a digital television signal at a receiver station. The method includes the
`
`steps of receiving an information transmission containing digital television signals and
`
`a message stream, detecting the message stream contained in the information
`
`transmission, inputting a plurality of commands received in the message stream to a
`
`control processor, selecting the digital television signals contained in the information
`
`transmission in response to the commands, controlling a digital switch to communicate
`
`each of the digital television signals to a signal processor and processing the digital
`
`television signals for display.
`
`21
`
`
`
`•
`
`•
`
`Matsumoto therefore fails to disclose, or even contemplate, receiving an
`
`information transmission containing a plurality of digital television signals (i.e.,
`
`digitized audio, digitized video, etc.) and a message stream. Matsumoto also fails to
`
`teach or suggest inputting
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
