Ex Parte Vagnati

Patent Trial and Appeal Board

Sep 30, 2016

11828607 (P.T.A.B. Sep. 30, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
111828,607 07/26/2007
20991 7590 10/03/2016
THE DIRECTV GROUP, INC
PA TENT DOCKET ADMINISTRATION
CA I LAI I Al09
2230 E. IMPERIAL HIGHWAY
EL SEGUNDO, CA 90245
FIRST NAMED INVENTOR
Michelle L. Vagnati
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
PD-207050 9615
EXAMINER
LIN,JASONK
ART UNIT PAPER NUMBER
2425
MAILDATE DELIVERY MODE
10/03/2016 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
Exparte MICHELLE L. VAGNATI
Appeal2015-006268
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
Appeal2015-006268
Application 11/828,607
STATEMENT OF CASE
Appellant appeals under 35 U.S.C. § 134 from a rejection of claims 1-
22. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.
THE INVENTION
The claimed invention is directed to method and system for tuning
virtual channels and linear channels in a user device associated with a
content processing system. See Abstract.
Claim 1, reproduced below, is illustrative of the claimed subject
matter:
1. A method comprising:
receiving program guide data for linear channels at a user
device;
storing a plurality of homepage templates for a virtual
channel at the user device;
receiving template identifying data for identifying a first
template of the plurality of templates and homepage data for
populating the first template from a content provider at the user
device;
storing the program guide data in the user device;
storing the homepage data 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
when the channel number selection corresponds to a
virtual channel, retrieving a homepage template and homepage
data from the memory of the user device and displaying the
homepage data in the first template.
2
Appeal2015-006268
Application 11/828,607
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Rosin
Kwon
Thiagarajan
Ramaswamy
US 2002/0078467 Al June 20, 2002
US 2006/0080709 Al Apr. 13, 2006
US 2007 /0130583 Al June 7, 2007
US 200710186228 A 1 Aug. 9, 2007
REJECTIONS
The Examiner made the following rejections:
Claims 1---6, 9-15, and 17-22 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Thiagarajan in view of Ramaswamy and Rosin.
Claims 7, 8, and 16 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Thiagarajan in view of Ramaswamy in view of Rosin and
further in view of Kwon.
ANALYSIS
We adopt the Examiner's findings in the Answer and Final Action and
we add the following primarily for emphasis.
Appellant argues although Rosin teaches the guide page can be
presented as a channel for selection by the user and may include one
template, Rosin is silent as to the guide page including a plurality of
templates and identifying data for selecting one of those plurality of
templates for the guide page (App. Br. 7). Appellant further argues Rosin is
silent as to, when the guide page is selected by a user, retrieving homepage
data for the guide page and displaying the homepage data for the guide page
3
Appeal2015-006268
Application 11/828,607
in the selected one of the plurality of templates for the guide page (App. Br.
7).
We do not agree with Appellant's argument. We agree with the
Examiner that the argument is not commensurate in scope with the claim
language because claim 1 does not recite "select one of the homepage
templates" but, rather, recites "identifying" (Ans. 24).
Nonetheless, the Examiner finds, and we agree Rosin teaches that
template I includes topics pertaining to sports, news, and sports films, while
template II would include topics pertaining to news, sports films, and
science fiction films (Ans. 25; Rosin paras. 47--48). We further agree with
the Examiner's finding that paragraph 49 of Rosin teaches a template and its
associated topics may be predetermined, and can be later adapted
automatically by an intelligent agent on either the client or the server (Ans.
25). The Examiner further finds, and we agree, Rosin teaches templates
preferably used in an active and dynamic interface as part of a guide page
that may be automatically modified, adapted, and updated (Ans. 25; Rosin
para. 51 ). Paragraph 91 of Rosin teaches that the guide page provides an
active presentation to the user, where data provided in the template is
updated and revised so that it does not become stale (Ans. 25). Thus, we
agree with the Examiner that Rosin teaches the limitation of "receiving
template identifying data for identifying a first template of the plurality of
templates" as recited in claim 1.
Accordingly, we affirm the Examiner's rejection of claim 1 and for
the same reasons the rejections of claims 2-22.
4
Appeal2015-006268
Application 11/828,607
CONCLUSIONS
The Examiner did not err in finding that Rosin teaches the limitation
of "receiving template identifying data for identifying a first template of the
plurality of templates" as recited in claim 1.
DECISION
For the above reasons, the Examiner's rejection of 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)(l )(iv).
AFFIRMED
5