Ex Parte VagnatiDownload PDFPatent Trial and Appeal BoardDec 31, 201311828607 (P.T.A.B. Dec. 31, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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. 11/828,607 07/26/2007 Michelle L. Vagnati PD-207050 9615 20991 7590 01/02/2014 THE DIRECTV GROUP, INC. PATENT DOCKET ADMINISTRATION CA / LA1 / A109 2230 E. IMPERIAL HIGHWAY EL SEGUNDO, CA 90245 EXAMINER LIN, JASON K ART UNIT PAPER NUMBER 2425 MAIL DATE DELIVERY MODE 01/02/2014 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 PATENT TRIAL AND APPEAL BOARD ____________ Ex parte MICHELLE L. VAGNATI ____________ Appeal 2011-008047 Application 11/828,607 Technology Center 2400 ____________ Before ELENI MANTIS MERCADER, JEFFREY S. SMITH, and MICHAEL J. STRAUSS, Administrative Patent Judges. MANTIS MERCADER, Administrative Patent Judge. DECISION ON APPEAL Appeal 2011-008047 Application 11/828,607 2 STATEMENT OF THE CASE Appellant appeals under 35 U.S.C. § 134(a) from a final rejection of claims 1-22. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. THE INVENTION Appellant’s claimed invention is directed to a user device receiving program guide data for linear channels and receiving homepage data for a virtual channel. The user device stores the program guide data and the homepage data for the virtual channel in a memory. The user device has a user interface generating a channel number selection. The user device tunes to the linear channel when the channel number selection corresponds to a linear channel and retrieves the homepage data from the memory. The homepage information is displayed when the channel number selection corresponds to a virtual channel. See Abstract. Independent claim 1, reproduced below, is representative of the subject matter on appeal. 1. A method comprising: receiving program guide data for linear channels at a user device; receiving homepage data for a virtual channel at the user device; storing the program guide data in the user device; storing the homepage information for the virtual channel in a memory of the user device; generating a channel number selection; when the channel number selection corresponds to a linear channel, tuning the user device to the linear channel; and Appeal 2011-008047 Application 11/828,607 3 when the channel number selection corresponds to a virtual channel, retrieving the homepage data from the memory and displaying the homepage information. REFERENCES and REJECTIONS 1. The Examiner rejected claims 1-6, 9-15, and 17-22 under 35 U.S.C. § 103(a) as unpatentable over Thiagarajan (U.S. Pub. No. 2007/0130583 A1, Jun. 7, 2007) in view of Ramaswamy (U.S. Pub. No. 2007/0186228 A1, Aug. 9, 2007). 2. The Examiner rejected claims 7, 8, and 16 under 35 U.S.C. § 103(a) as unpatentable over Thiagarajan in view of Ramaswamy and further in view of Kwon (U.S. Pub. No. 2006/0080709 A1, Apr. 13, 2006). ISSUE The issue is whether the Examiner erred in finding that the combination of Thiagarajan and Ramaswamy teaches or suggests the limitation of “when the channel number selection corresponds to a virtual channel, retrieving the homepage data from the memory and displaying the homepage information” as recited in claim 1. ANALYSIS Appellant argues that Thiagarajan and Ramaswamy, either alone or in combination, do not teach the limitation of “when the channel number selection corresponds to a virtual channel, retrieving the homepage data from the memory and displaying the homepage information” as recited in claim 1 (App. Br. 7-9). Appeal 2011-008047 Application 11/828,607 4 We do not agree. We agree with the Examiner (Ans. 16) that Thiagarajan teaches generating a video-on-demand (VOD) program guide (¶ [0036]) which is tantamount to the homepage information as recited in claim 1. Ramaswamy teaches that when a VOD channel is selected by the user, the VOD navigation menu (i.e., homepage information) is retrieved and displayed (Ans. 17; ¶ [0124]). Thus, the combination of Thiagarajan and Ramaswamy teaches the limitation of “when the channel number selection corresponds to a virtual channel, retrieving the homepage data from the memory and displaying the homepage information” as recited in claim 1. Accordingly, we affirm the Examiner’s rejection of claim 1 and for the same reasons we also affirm the rejections of claims 2-22. CONCLUSION The Examiner did not err in finding that the combination of Thiagarajan and Ramaswamy teaches the limitation of “when the channel number selection corresponds to a virtual channel, retrieving the homepage data from the memory and displaying the homepage information” as recited in claim 1. DECISION The Examiner’s decision rejecting claims 1-22 is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Appeal 2011-008047 Application 11/828,607 5 msc Copy with citationCopy as parenthetical citation