Ex Parte Youden

Patent Trial and Appeal Board

Mar 21, 2013

10943580 (P.T.A.B. Mar. 21, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte JOHN J. YOUDEN
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Appeal 2010-007808
Application 10/943,580
Technology Center 2100
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Before JEAN R. HOMERE, JASON V. MORGAN, and JOHN G. NEW,
Administrative Patent Judges.

MORGAN, Administrative Patent Judge.

DECISION ON APPEAL
Appeal 2010-007808
Application 10/943,580

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STATEMENT OF THE CASE
Introduction
This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final
rejection of claims 1 – 27. We have jurisdiction under 35 U.S.C. § 6(b)(1).
We affirm.
Invention
The invention relates to a method of selecting video content to be
displayed from among a plurality of video inputs that includes initiating a
video input selection mode of operation, simultaneously displaying video
content currently being presented on all video inputs, and selecting the video
content to be displayed from among the displayed video content for all the
video inputs. Abstract.
Exemplary Claim (Emphases Added)
1. A method of selecting real-time video content to be displayed
from among a plurality of video inputs receiving real-time
video content, the method comprising:
initiating a video input selection mode of operation;
simultaneously on a display device displaying video
content currently being received by each of the video inputs;
selecting one real-time video content to be displayed
from among the real-time video content simultaneously being
displayed from all of the video inputs; and
displaying only the one selected real-time video content
on the display device.
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Rejections
The Examiner rejects claims 1 – 19 and 22 – 27 under 35
U.S.C. § 102(e) as being anticipated by Rodriguez (US 7,373,650 B1; May
13, 2008; filed Apr. 26, 2000). Ans. 4 – 11.
The Examiner rejects claim 20 under 35 U.S.C. § 103(a) as being
unpatentable over Rodriguez and Cameron (US 2005/0028206 A1; Feb. 3,
2005; filed Aug. 23, 2004). Ans. 11 – 12.
The Examiner rejects claim 21 under 35 U.S.C. § 103(a) as being
unpatentable over Rodriguez and Matthews, III (US 5,815,145; Sept. 29,
1998). Ans. 13.
ISSUE
Did the Examiner err in finding that Rodriguez discloses (1)
“simultaneously on a display device displaying video content currently being
received by each of the video inputs” and (2) selecting and displaying one
real-time video content, as recited in claim 1?
ANALYSIS
In rejecting claim 1, the Examiner finds that Rodriguez, which is
directed to apparatuses and methods to enable the simultaneous viewing of
multiple television channels and electronic program guide content, discloses
simultaneous display of video data from a plurality of video inputs and the
selection and display of content from only one video input. See Ans. 4
(citing, e.g., Rodriguez, col. 5, ll. 24 – 32 and col. 12, ll. 9 – 16).
Appellant argues that the Examiner erred because “[t]he multiple
input channels referred to in the Rodriguez et al. Patent are not multiple
video inputs . . . . Rather . . . these are multiple television channels.” App.
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Br. 7; see also Reply Br. 2. However, the Examiner correctly finds that
Rodriguez discloses the receipt of video data from multiple tuners. See Ans.
14 (citing Rodriguez, col. 5, ll. 24 – 32 and fig. 2). The Examiner also
correctly finds that Rodriguez enables the simultaneous display of video data
from all of the tuners (i.e., from all of the video inputs). See Ans. 14 (citing
Rodriguez, col. 1, ll. 14 – 21). In particular, Rodriguez discloses that the use
of multiple tuners enables the digital home communication terminal (DHCT)
to tune to a plurality of downstream media, allowing the user to receive and
view multiple channels at will. See Rodriguez Abstract. Appellant’s own
Specification illustrates that the claimed plurality of video inputs includes
inputs from separate tuners (e.g., radio frequency video inputs designated
antennas 1 and 2). See Spec. fig. 4 and p. 10, ll. 23 – 22. Furthermore,
Appellant’s arguments do not show any meaningful distinction between the
claimed “video inputs” and the multiple tuners of Rodriguez. Therefore, we
agree with the Examiner, Ans. 4, that Rodriguez discloses “simultaneously
on a display device displaying video content currently being received by
each of the video inputs,” as recited in claim 1.
Appellant further argues that Rodriguez fails to disclose “selecting
one real-time video content to be displayed from among the real-time video
content simultaneously being displayed from all the video inputs and
displaying only the one selected real-time video content on the display
device.” App. Br. 8. However, the Examiner correctly finds that Rodriguez
discloses that the user can configure the DHCT to set the number of
television stations to be viewed simultaneously. See Ans. 14 (citing
Rodriguez, col. 12, ll. 9 – 16). Furthermore, Rodriguez discloses that the
DHCT enables an interactive television experience “while continuing to
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watch one or more TV channels without interruption.” Rodriguez col. 3, ll.
29 – 31 (emphasis added); see also Ans. 14. That is, the number of television
stations to be viewed simultaneously can be set to only one. We agree with
the Examiner that configuring the DHCT of Rodriguez to display only one
television channel would result in the selection and display of one real-time
video content. See Ans. 14. Therefore, we agree with the Examiner, Ans. 4,
that Rodriguez discloses selecting and displaying one real-time video
content, as recited in claim 1.
Accordingly, we find the Examiner did not err in rejecting claim 1, or
in rejecting claims 2 – 27, which Appellant does not argue separately with
sufficient specificity. See App. Br. 9 – 10.
DECISION
We affirm the Examiner’s decision to reject claims 1 – 27.
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

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