Ex Parte Schavitz

Board of Patent Appeals and Interferences

Aug 23, 2011

10609758 (B.P.A.I. Aug. 23, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MARY J. SCHAVITZ
____________

Appeal 2009-013921
Application 10/609,758
Technology Center 2600
____________

Before KARL D. EASTHOM, ERIC S. FRAHM, and GREGORY J.
GONSALVES, Administrative Patent Judges.

GONSALVES, Administrative Patent Judge.

DECISION ON APPEAL
Appeal 2009-013921
Application 10/609,758

2
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the rejection of
claims 1, 3-9, and 11-24. (App. Br. 3.) Claims 2 and 10 were cancelled.
(Id.) We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
The Disclosed Invention
1

The disclosed invention includes a method that selectively displays
incoming messages on a mobile device in accordance with a filter on the
mobile device. (Spec. 9:11-28; FIG. 3.) If the filter is on, the incoming
messages will be displayed only if the phone number of the originator of the
message matches a phone number in a phone directory on the mobile device.
(Spec. 9:18-25; FIG. 3.) If the filter is off, all incoming messages to the
mobile device will be displayed. (Spec. 9:17-18; FIG. 3.)
The disclosed invention also includes a method that permits a user to
change the status of the acceptance indicator (e.g., activate or deactivate the
filter) upon entry of a security code (i.e., password). (Spec. 10:21-33; FIG.
4.)
Exemplary claim 1 follows:
1. A method of managing incoming messaging service based
messages in a mobile communication device, the method comprising:
storing at least one phone number in a phone book located in the
memory of the mobile communication device;

1
The ensuing description constitutes findings of fact designated as FF 0.
Appeal 2009-013921
Application 10/609,758

3
setting a status of an incoming message acceptance indicator in the
mobile communication device to indicate an incoming message filtering
status;
receiving an incoming messaging service based message from a
wireless messaging system, the incoming messaging service based message
including a phone number of the originator of the messaging service based
message;
comparing the phone number of the originator of the messaging
service based message with the phone book located in the memory of the
mobile communication device;
displaying at least one of the incoming messaging service based
message and a new message notification only if the phone number of the
originator is present in the phone book located in the memory of the mobile
communication device;
storing a stored password in the memory of the mobile
communication device;
receiving a received password;
comparing the received password to the stored password;
determining the received password matches the stored password; and
changing the status of the incoming message acceptance indicator if
the received password matches the stored password.

The Examiner rejected claims 1, 3-9, 11-18, and 21-24 as obvious
under 35 U.S.C. § 103(a) based on Naruse (US 2002/0002044 A1) and
Yamazaki (US 6,037,878). (Ans. 3-14.)
Appeal 2009-013921
Application 10/609,758

4
The Examiner rejected claims 19 as obvious under 35 U.S.C. § 103(a)
based on Naruse, Yamazaki, and Gustafsson (US 6,424,841 B1). (Ans.14-
15.)
The Examiner rejected claims 20 as obvious under 35 U.S.C. § 103(a)
based on Naruse, Yamazaki, and Ishii (US 5,740,539). (Ans.15.)

ISSUE
Appellant’s responses to the Examiner’s positions present the
following issue:
Did the Examiner establish that Yamazaki teaches or suggests
“changing the status of the incoming message acceptance indicator if the
received password matches the stored password,” as recited in independent
claim 1, and as similarly recited in independent claims 9 and 17?

FINDINGS OF FACT (FF)
Yamazaki
1. Yamazaki discloses a radio unit that provides notification of a call
and displays a received message if a password in the message matches a
“password stored in password memory 106.” (1:57-64.)

ANALYSIS
Issue - Claims 1, 3-9, and 11-24
Appellant asserts that Yamazaki does not teach or suggest “changing
the status of the incoming message acceptance indicator if the received
password matches the stored password,” as recited in claim 1. (App. Br. 6.)
The Examiner found that Yamazaki teaches this claim limitation because it
Appeal 2009-013921
Application 10/609,758

5
discloses the notification of a call by a radio unit if a password in the
message matches a password stored in the unit. (Ans. 17.) But this portion
of Yamazaki relates to whether a user will be notified of a received message.
(FF 1; see App. Br. 6-10.) In contrast, the claim limitation relates to
changing the status of an incoming message acceptance indicator (i.e., a
filter) if a received password matches a password stored in memory. In
other words, Yamazaki relates to whether a received message will pass
through a filter while the claim limitation relates to the setting of the filter
itself.
Therefore, we will not sustain the Examiner’s rejection of independent
claims 1, 9, and 17, or the rejections of the claims dependent therefrom (i.e.,
claims 3-8, 11-16, and 18-24.)

DECISION
We reverse the Examiner’s decision rejecting claims 1, 3-9, and 11-
24.

REVERSED

ELD