Ex Parte MitchellDownload PDFBoard of Patent Appeals and InterferencesJul 28, 201109493472 (B.P.A.I. Jul. 28, 2011) Copy Citation UNITED STATES PATENT AND TRADEMARKOFFICE 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. 09/493,472 01/28/2000 James P. Mitchell 00CR063/KE 2281 7590 07/29/2011 Kyle Eppele ROCKWELL COLLINS INC ATTN: Kyle Eppele 400 Collins Road N.E. Cedar Rapids, IA 52498 EXAMINER SHANG, ANNAN Q ART UNIT PAPER NUMBER 2424 MAIL DATE DELIVERY MODE 07/29/2011 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________________ Ex parte JAMES P. MITCHELL ____________________ Appeal 2010-003968 Application 09/493,472 Technology Center 2400 ____________________ Before ALLEN R. MacDONALD, ROBERT E. NAPPI, and DENISE M. POTHIER, Administrative Patent Judges. MacDONALD, Administrative Patent Judge. DECISION ON APPEAL Appeal 2010-003968 Application 09/493,472 2 STATEMENT OF CASE Introduction Appellant appeals under 35 U.S.C. § 134 from a final rejection of claims 1-30. We have jurisdiction under 35 U.S.C. § 6(b). Exemplary Claim(s) Exemplary independent claim 1 under appeal reads as follows (emphasis added): 1. A communication system for a mobile platform, the mobile platform being stationary at a docking area, the communication system comprising: a server located in the docking area and comprising a wireless docking area transceiver, a first satellite receiver, and a first storage unit, the server being configured to store order wire data received by the first satellite receiver, and to store video data received by the first satellite receiver in the storage unit in response to the order wire data; a second satellite receiver located on the mobile platform; a wireless platform transceiver on the mobile platform receiving the order wire data and the video data from the wireless docking area transceiver while the mobile platform is at the docking area; and a second storage unit, the second storage unit being located on the mobile platform, wherein the second storage unit stores the video data for playback in the mobile platform and the second storage unit storing the order wire data, the order wire data controls a source of video for playback of a program being either video data in the second storage unit or the second satellite receiver, or both the second storage unit and the second satellite receiver. Appeal 2010-003968 Application 09/493,472 3 Appellant’s Contention 1. Appellant contends that the Examiner erred in rejecting independent claims 1 and 13 under 35 U.S.C. § 103(a) as being unpatentable over the combination of Leuca (US 6,201,797 B1) and Podowski (US 5,524,272) because: Leuca and Podowski, alone or in any proper combination, fail to disclose at least seven features recited in Claim 1 and related to the use of order wire data: (1) order wire data that controls a source of video playback of a program; . . . (3) the order wire data is received by a satellite receiver in a docking area; (4) a server located in the docking area and configured to store the order wire data; (5) a server located in the docking area and configured to store video data received by the satellite receiver in the docking area in response to the order wire data; (6) a wireless platform transceiver on a mobile platform receiving the order wire data from a wireless docking area transceiver while the mobile platform is at the docking area; and (7) a storage unit located on the mobile platform that stores the order wire data. (App. Br. 11). 2. Appellant contends that the Examiner erred in rejecting independent claim 12 under 35 U.S.C. § 103(a) as being unpatentable over the combination of Leuca and Podowski because “Leuca and Podowski, alone or in any proper combination, fail to disclose at least five features recited in Claim 12 and related to the use of order wire data.” (App. Br. 18). 3. Appellant contends that the Examiner erred in rejecting independent claim 17 under 35 U.S.C. § 103(a) as being unpatentable over Appeal 2010-003968 Application 09/493,472 4 the combination of Leuca and Podowski because “Leuca and Podowski, alone or in proper combination, fail to disclose, teach or suggest at least six features recited in Claim 17 related to the use of order wire data.” (App. Br. 22). Issue on Appeal Whether the Examiner has erred in rejecting claims 1-30 as being obvious based on Leuca and Podowski? ANALYSIS Appellant presents numerous arguments as to why the Examiner has erred. (App. Br. 7-29). We agree with the Appellant’s above specifically cited contentions. Therefore, Appellant has established that the Examiner erred with respect to the rejection of claims 1-30 under § 103(a). CONCLUSIONS (1) The Examiner erred in rejecting claims 1-30 as being unpatentable under 35 U.S.C. § 103(a). (2) On this record, claims 1-30 have not been shown to be unpatentable. DECISION The Examiner’s rejection of claims 1-30 is reversed. REVERSED Appeal 2010-003968 Application 09/493,472 5 tj Copy with citationCopy as parenthetical citation