Ex Parte Deng et al

Patent Trial and Appeal Board

Jul 16, 2014

11494068 (P.T.A.B. Jul. 16, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte LI DENG and YINGGING LAWRENCE CHUI
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Appeal 2012-000368
Application 11/494,068
Technology Center 2100
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Before, JEFFREY T. SMITH, MAHSHID D. SAADAT, and
ROBERT E. NAPPI, Administrative Patent Judges.

PER CURIAM.

DECISION ON APPEAL

This is a decision on appeal under 35 U.S.C. § 134(a) of the rejection
of claims 1 and 21 through 34.
We reverse.
INVENTION
The invention is directed to a system for searching multimedia files
from multimedia content sites on the internet and downloading search result
to mobile devices. See Abstract of Appellants’ Specification. Claim 1 is
illustrative of the invention and reproduced below:
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1. A computer program product embodied on a non-transitory
tangible computer readable medium, comprising:
computer code for receiving computer user input including at
least one search keyword that is entered utilizing a computer;
computer code for receiving computer user input including a
content type that is specified utilizing the computer;
computer code for receiving computer user input including a
mobile device model that is specified utilizing the computer;
computer code for conducting a first search for multimedia
utilizing one or more of the at least one search keyword that is entered
utilizing the computer, the content type that is specified utilizing the
computer, and the mobile device model that is specified utilizing the
computer, wherein the computer program product is configured such
that a plurality of multimedia items including audio files, video files,
and graphic files are filtered based on at least one of the content type
that is specified utilizing the computer, and the mobile device model
specified utilizing the computer;
computer code for generating a first subset of multimedia items
and presenting only multimedia items that match the content type that
is specified utilizing the computer, the filtering associated with the
first search being conditionally performed based on whether the
content type is specified by a computer user;
computer code for presenting, based on the first search, first
search results configured to be displayed utilizing the computer, the
first search results including the first subset of multimedia items and
associated information including one or more of size information, type
information, name or title information, description information, and a
plurality of tags, where further presented is a first preview and a first
link for facilitating sending of a short message service (SMS) message
to a mobile phone;
computer code for allowing the computer user to select at least
one of the multimedia items of the first subset of multimedia items
utilizing the computer;
computer code for prompting the computer user to enter a
mobile phone number of a mobile phone for sending the SMS
message to the mobile phone, the SMS message including a second
link that includes a record identifier which is configured to be used to
download the at least one multimedia item of the first subset of
multimedia items, the computer code for prompting the computer user
to enter the mobile phone number of the mobile phone being
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Application 11/494,068
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configured such that the computer user is prompted to enter the
mobile phone number of the mobile phone if the computer user uses
the computer to initiate the first search;
computer code for receiving mobile device user input including
at least one search keyword that is entered utilizing the mobile device;
computer code for receiving mobile device user input including
a content type that is specified utilizing the mobile device;
computer code for receiving mobile device information
associated with the mobile device;
computer code for conducting a second search utilizing one or
more of the at least one search keyword that is entered utilizing the
mobile device, the content type that is specified utilizing the mobile
device, and the information associated with mobile device, wherein
the computer program product is configured such that the plurality of
multimedia items including the audio files, the video files, and the
graphic files are filtered based on at least one of the content type that
is specified utilizing the mobile device and the information associated
with mobile device;
computer code for generating a second subset of multimedia
items and presenting only multimedia items that match the content
type that is specified utilizing the mobile device, the filtering
associated with the second search being conditionally performed
based on whether the content type is specified by a mobile device
user;
computer code for presenting, based on the second search,
second search results configured to be displayed utilizing the mobile
device, the second search results including the second subset of
multimedia items and associated second information including one or
more of size information, type information, name or title information,
description information, and a plurality of tags, where further
presented is a second preview and a third link for downloading at least
one of the second subset of multimedia items to the mobile device;
computer code for allowing the mobile device user to select at
least one of the second subset of multimedia items utilizing the mobile
device; and
computer code for downloading the least one multimedia item
of the second subset of multimedia items utilizing the mobile device;
said computer program being configured to provide different
functionality including providing different user options, based on
whether the mobile device user effects interaction with a system
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utilizing the mobile device or the computer user effects interaction
with the system utilizing the computer; and
said computer program further being configured such that the
different functionality further includes prompting the computer user to
input the mobile phone number if the computer user effects interaction
with the system utilizing the computer.

REJECTION AT ISSUE
The Examiner has rejected claims 1, and 21 through 34 under 35
U.S.C. § 103(a) as unpatentable over Ives (US 2007/0027839 A1), Gabriel
(US 7,369,865 B2), Eyal (US 6,389,467 B1) and Karaoguz (US
2005/0232210 A1). Answer 5-15.1

ISSUES
Appellants argue on pages 16 through 35 of the Appeal Brief that the
Examiner’s obviousness rejection of independent claims 1, 33 and 34 is in
error. The dispositive issue presented by these arguments is: did the
Examiner error in finding the combined teachings of Ives, Gabriel, Eyal and
Karaoguz teach or suggest a method and system where an SMS message
including a link that includes a record identifier which is configured to be
used to download the at least one multimedia item of the first subset of
multimedia items is sent, as recited in independent claims 1, 33, and 34.

1 Throughout this opinion we refer to the Appeal Brief dated May 10, 2011,
Reply Brief dated October 3, 2011, and the Examiner’s Answer mailed on
August 3, 2011.
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ANALYSIS
We have reviewed Appellants’ arguments in the Briefs, the
Examiner’s rejection and the Examiner’s response to the Appellants’
arguments. For the reasons cited by Appellants on pages 20, 25, and 31 of
the Appeal Brief, we agree with Appellants’ conclusion that the Examiner
erred in rejecting independent claims 1, 33 and 34 based upon the combined
teachings of Ives, Gabriel, Eyal and Karaoguz. Independent claim 1 recites
limitations directed to sending an “SMS message including a second link
that includes a record identifier which is configured to be used to download
the at least one multimedia item of the first subset of multimedia items.”
Independent claims 33 and 34 recite similar limitations. The Examiner cites
to Ives to suggest a user may take some action to forward the results to the
mobile device and disclose links to download media. Answer 17. Further,
the Examiner finds that SMS was known at the time of the invention and
that Gabriel was cited to teach entering a mobile number to send a message
to a mobile device. Answer 17-18. Although we concur with the Examiner
that Ives teaches use of links, but we do not find this teaching relates to
including links into SMS messages sent to the mobile device to download
multimedia content. Further, while SMS may be known and Gabriel does
teach messaging a mobile device, we similarly do not find that the cited
passages teach sending an SMS with a link to download the multimedia
content as claimed. Accordingly, we will not sustain the Examiner’s
rejection of independent claims 1, 33, and 34 or the claims which depend
thereupon.

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Application 11/494,068
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DECISION
The decision of the Examiner to reject claims 1 and 21 through 34 is
reversed.

REVERSED

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