Ex Parte Laumen et al

Board of Patent Appeals and Interferences

Jul 26, 2011

10486284 (B.P.A.I. Jul. 26, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte JOSEF LAUMEN, ANDREAS SCHMIDT
and MARKUS TRAUBERG
____________

Appeal 2009-011445
Application 10/486,284
Technology Center 2400
____________

Before MAHSHID D. SAADAT, KRISTEN L. DROESCH and
DAVID M. KOHUT, Administrative Patent Judges.

DROESCH, Administrative Patent Judge.
DECISION ON APPEAL

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STATEMENT OF THE CASE
Appellants seek review under 35 U.S.C. § 134(a) of a final rejection
of claims 29-59
1
. We have jurisdiction under 35 U.S.C. § 6(b). We
REVERSE.
BACKGROUND
Appellants’ invention is related to a method and system for sending
multimedia messages in communications systems (e.g., wireless phones)
where the sender can configure a signaling signal received by a recipient.
Spec. p. 4, l. 1-p. 6, l. 5.
Claim 29 is illustrative:
A method for transmitting a multimedia message with a
plurality of multimedia components from a sender to a recipient
in a communication system, the method comprising the steps
of:
specifying, via at least one multimedia component of the
multimedia message, an immediate display of the at least one
multimedia component one of before and on arrival of the
remaining multimedia components;
identifying, by a sender, a predefined subset of the
multimedia components of the multimedia message as a
signaling signal;
transmitting information to a recipient with the aid of a
notification signal, wherein the notification signal indicates that
the multimedia message is ready in the communication system
for downloading, and wherein the multimedia message ready
for downloading comprises at least one multimedia component
which has been identified as a signaling signal;
initiating one of immediate and preferred downloading
when the notification signal is received by the recipient,
showing that a multimedia component is identified within the
multimedia message ready for downloading as a signaling
signal.

1
Claims 1-28 have been cancelled.
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The Examiner relies on the following prior art:
Guedalia 2003/0135867 A1 July, 17, 2003
Aho 6,885,870 B2 Apr. 26, 2005

Claims 29-59 stand rejected under 35 U.S.C. § 103(a) as unpatentable
over Aho and Guedalia.
ISSUE
Did the Examiner incorrectly find that Aho describes “identifying by a
sender, a predefined subset of multimedia components of the multimedia
message as a signaling signal”?
FINDINGS OF FACT (“FF”)
1. Aho describes methods for implementing a messaging service for
multimedia messages comprising a plurality of multimedia elements, such as
pictures, text, short video clips and audio clips in electronic format. Col. 6,
ll. 47-49; col. 11, ll. 20-30.
2. Implementing the messaging service includes determining the
readiness of a wireless terminal MS (Mobile Station) (e.g., computer, cell
phone) to receive data, transferring the readiness information to a MMSC
(Multimedia Messaging Service Center) and transferring the multimedia
message stored in the MMSC memory through a GPRS (General Packet
Radio Service of the GSM (Global System for Mobile Communications)
network to the wireless terminal MS if it is ready to receive data. Col. 6, ll.
5-46; Fig. 3.
3. Aho alternatively describes implementing the messaging service in a
pull-type mode in which the MMSC sends the wireless terminal MS a
notification message to indicate that a message addressed to the wireless
terminal MS has been stored in the MMSC memory allowing the wireless
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terminal MS to thereafter decide about retrieving the message from the
MMSC. Col. 11, ll. 34-40.
4. Aho describes, referring to figure 5 below [numbers from Figure 5
inserted], a MMSC that comprises a GPRS interface 51 through which the
MMSC communicates with a GGSN (Gateway GPRS Support Node) of a
GPRS network, an external interface 52 for communication with other
external networks such as the internet, and an MMSC interface 53 which
handles communication with other MMSCs. Col. 12, ll. 44-52.
Aho’s Figure 5 is reproduced below.

Figure 5 depicts a multimedia messaging service center.
5. The MMSC further includes a control unit 55 for controlling the
operations of the MMSC and a data store 54 in which the multimedia
messages are stored and kept. Col. 12, ll. 52-54.
6. The MMSC also includes a database 56 in which a correspondence
between the plain addresses (e.g., telephone number, RFC822 address) of a
wireless terminal MS (e.g., cell phone, computer) and corresponding MMS-
ID (Multimedia Messaging Service Identity) are maintained. Col. 6, ll. 49-
64; col. 7, ll. 10-23; col. 12, ll. 54-58.
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7. The database 56 can be maintained, for example, by a
telecommunication network operator or a service provider external to the
cellular network. Col. 12, l. 67-col. 13, l. 3.
8. New MMS-IDs can be added to the database 56 when an owner of a
specific wireless terminal MS becomes a subscriber and provides the
addresses of its wireless terminal MS (e.g., telephone number, electronic
mail-type address) to the service provider. Col. 13, ll. 4-8.
9. The service provider assigns a suitable value for the MMS-ID by
which the wireless terminal MS will be identified, and then stores the
wireless terminal MS address and corresponding MMS-ID in the database
56. Col. 13, ll. 8-14.
10. Multimedia messages addressed to a wireless terminal MS (e.g.,
computer, cell phone) arrive at the MMSC via one of the interfaces 51-53
and are stored in the data store 54. Col. 12, l. 62-65.
11. On the basis of the data in the database 56, the control unit 55 maps
the plain address (RFC822 address) of the wireless terminal MS into an
MMS-ID. Col. 12, ll. 65-67.
12. The interfaces 51-53 of the MMSC through which the multimedia
messages are subsequently transmitted to the wireless terminal MS may vary
depending on the location of the wireless terminal MS. Col. 13, ll. 26-30.
ANALYSIS
Appellants argue that the Examiner’s finding that Aho describes
“identifying by a sender, a predefined subset of multimedia components of
the multimedia message as a signaling signal,” as recited in independent
claims 29 and 59, is in error. App. Br. 5-6. The Examiner finds that Aho
describes the disputed limitations and directs attention to: 1) steps for
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sending and identifying the message; and 2) a messaging server connected to
a GPRS (General Packet Radio Service of the GSM (Global System for
Mobile Communications) service that can transmit and receive messages and
indicate when the message is ready. Ans. 4 (citing col. 2, ll. 9, 21, 50; col. 6,
l. 21; Figs. 1-3). The Examiner also provides a lengthy summary of Aho’s
description. Ans. 17-19; see col. 6, ll. 5-64; col. 7, ll. 20-23 col. 11, ll. 20-
30, 34-40; col. 12, ll. 44-58; col. 12, l. 62-col. 13, l. 14; col. 13, ll. 26-30;
Figs. 3, 5; FFs 1-12.
Appellants argue that the portions of the Aho description cited by the
Examiner do not describe the disputed limitations. Ans. 4-5. Reply Br. 4. In
particular, Appellants argue that there is nothing in the Examiner’s
explanation of Aho that deals with a message sender identifying any subset
of multimedia components of a multimedia message, much less identifying a
subset of multimedia components as a signaling signal. Reply Br. 6.
Appellants also direct attention to portions of the Examiner’s Answer in
which the wording of the disputed limitations is rearranged and argues that
the Examiner does not appreciate that the claims require the identification of
the subset of multimedia component to be performed by the sender of the
message and not some other component of the system. Reply Br. 4-6 (citing
Ans. 17).
We agree with Appellants’ arguments. Aho describes transferring
multimedia messages stored in a multimedia messaging service center to a
wireless terminal mobile station (e.g., cell phone), where the multimedia
messages comprise a plurality of multimedia elements, such as pictures, text,
short video clips and audio clips in electronic format. FFs 1-3, 10-12. Aho
further describes that the multimedia messaging service center includes a
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database 56 that stores a mapping of the plain address of a wireless terminal
mobile station to a corresponding multimedia messaging service identity.
FF 6. Aho further describes that a new multimedia messaging service
identity can be added to the database 56 when an owner becomes a
subscriber and provides the addresses of the wireless terminal mobile station
(e.g., telephone number, electronic mail-type address) to the service
provider. FFs 8-9. The Examiner does not sufficiently direct us to and we
cannot find where Aho describes that any multimedia elements (e.g.,
pictures, text, video, audio) of Aho’s multimedia messages are identified as
a signaling signal or that they are identified by the sender.
For all these reasons, we do not sustain the rejection of claims 29-59
as obvious over Aho and Guedalia.
DECISION
We REVERSE the rejection of claims 29-59 under 35 U.S.C. § 103(a)
as obvious over Aho and Guedalia.
REVERSED

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