Hattori, Shinobu et al.Download PDFPatent Trials and Appeals BoardMay 27, 202013216375 - (D) (P.T.A.B. May. 27, 2020) 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. 13/216,375 08/24/2011 Shinobu Hattori 4002-0490 3998 142241 7590 05/27/2020 Paratus Law Group, PLLC 1765 Greensboro Station Place Suite 320 Tysons Corner, VA 22102 EXAMINER ZHOU, ZHIHAN ART UNIT PAPER NUMBER 2482 MAIL DATE DELIVERY MODE 05/27/2020 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 SHINOBU HATTORI and NAOHISA KITAZATO Appeal 2019-002102 Application 13/216,375 Technology Center 2400 Before JEFFREY S. SMITH, JEREMY J. CURCURI, and AARON W. MOORE, Administrative Patent Judges. CURCURI, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–15, 17, 18, and 20–36. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 We use the word Appellant to refer to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies the real party in interest as Saturn Licensing LLC. Appeal Br. 3. Appeal 2019-002102 Application 13/216,375 2 CLAIMED SUBJECT MATTER The claims are directed to “contents of a data broadcasting [] executed in conjunction with a program or a commercial message (CM), for example, in a digital television broadcasting.” Spec. 1:12–14. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A transmitting apparatus transmitting contents, comprising: a trigger information generating section configured to generate trigger information on control for an application program which is executed in conjunction with the contents in a receiving apparatus, the trigger information including a network address associated with the application program; an encoding section configured to encode the contents to generate an encoded stream; a multiplexing section configured to multiplex the encoded stream to generate a multiplexed stream; and a sending section configured to send the multiplexed stream, wherein the trigger information is sent by at least one of carrying out the encoding with the contents by the encoding section to embed the trigger information in the encoded stream, and carrying out the multiplexing by the multiplexing section to multiplex the trigger information, which has not been encoded together with the contents, into the multiplexed stream along with the encoded stream, and wherein at least one of the trigger information generating section, the encoding section, the multiplexing section, and the sending section is implemented via at least one processor. Appeal 2019-002102 Application 13/216,375 3 REFERENCES The prior art relied upon by the Examiner is: Name Reference Date Wiklund US 2004/0179553 A1 Sept. 16, 2004 Dakss US 2006/0031914 A1 Feb. 09, 2006 Lei US 7,650,036 B2 Jan. 19, 2010 Kokernak US 2010/0098075 A1 Apr. 22, 2010 Patel US 2011/0093900 A1 Apr. 21, 2011 Leuratti EP 1487214 A1 Dec. 15, 2004 REJECTIONS Claims 1, 6–8, 13–15, 17, 18, and 20–36 are rejected under pre-AIA 35 U.S.C. § 103(a) as obvious over Wiklund and Kokernak. Final Act. 2–11. Claims 2 and 9 are rejected under pre-AIA 35 U.S.C. § 103(a) as obvious over Wiklund, Kokernak, and Dakss. Final Act. 11–12. Claims 3 and 10 are rejected under pre-AIA 35 U.S.C. § 103(a) as obvious over Wiklund, Kokernak, and Lei. Final Act. 12–13. Claims 4 and 11 are rejected under pre-AIA 35 U.S.C. § 103(a) as obvious over Wiklund, Kokernak, and Leuratti. Final Act. 13–14. Claims 5 and 12 are rejected under pre-AIA 35 U.S.C. § 103(a) as obvious over Wiklund, Kokernak, and Patel. Final Act. 14–16. OPINION The Obviousness Rejection of Claims 1, 6–8, 13–15, 17, 18, and 20–36 The Examiner finds Wiklund and Kokernak teach all limitations of claim 1. Final Act. 2–4; see also Ans. 17–21. The Examiner finds Wiklund teaches all limitations of claim 1 except for “the trigger information including a network address associated with the application program” as recited in claim 1. See Final Act. 2–3. Appeal 2019-002102 Application 13/216,375 4 The Examiner finds Kokernak teaches “the trigger information including a network address associated with the application program” as recited in claim 1. See Final Act. 3–4. The Examiner reasons It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wiklund’s data localizing apparatus with Kokernak’s system in order to provide an improved platform for allowing data content on a computer network to be linked with content on a broadcast network. Final Act 4 (citing Kokernak ¶ 8). Appellant presents the following principal arguments: i. “Wiklund can only modify a data stream and issue commands for causing such modification of the data stream. However, Wiklund does not at all provide any information that is utilized to control an application program.” Appeal Br. 19. “[N]one of Wiklund’s ‘operation commands and parameters’ are taught or suggested to include a network address associated with an application program, whereby such application program is further executed (in a receiving device) in conjunction with the contents.” Appeal Br. 20. ii. “Kokernak’s network location of the packet generator is very different than a network location of an application program.” Appeal Br. 21. We do not see any error in the contested findings of the Examiner, which we adopt as our own. We concur with the Examiner’s conclusion of obviousness. The Examiner finds Wiklund discloses “a trigger information generating section configured to generate trigger information on control for an application program which is executed in conjunction with the contents in Appeal 2019-002102 Application 13/216,375 5 a receiving apparatus” as recited in claim 1. See Final Act. 2 (citing Wiklund ¶ 83). We agree with and adopt this finding as our own. Wiklund discloses “an automation system 108 provides triggering information coupled to respective command information into the Private Data Tables (PDT) and provides the PDTs to the multiplexer 107 that multiplexes the digital data streams with the additional information.” Wiklund ¶ 83. Wiklund further discloses “[t]riggering information ... informs the local receiving means that a data stream should be modified locally.” Wiklund ¶ 83. Thus, Wiklund discloses “a trigger information generating section configured to generate trigger information” as recited in claim 1. See Wiklund ¶ 83. Regarding the trigger information being “on control for an application program which is executed in conjunction with the contents in a receiving apparatus” (claim 1), Wiklund further elaborates on the triggering information, explaining “the demultiplexer 110 transmits the triggering information coupled to said command information to a command processor 111.” Wiklund ¶ 86. Wiklund further elaborates on the triggering information, further explaining “[i]n case the data stream consisting a television program and the command is to change a commercial with an application (e.g., a live video feed), the command processor 111 informs a video server 113 to start providing e.g., the live video feed data stream to a mixer 114.” Wiklund ¶ 87 (emphasis added). Thus, Wiklund discloses the trigger information being “on control for an application program” (see Wiklund ¶ 87 (“change a commercial with an application” (emphasis added))) “which is executed in conjunction with the contents in a receiving apparatus” (Wiklund’s application is executed in conjunction with Appeal 2019-002102 Application 13/216,375 6 Wiklund’s television program. See Wiklund ¶ 87) as broadly recited in claim 1. Contrary to Appellant’s argument (i), Wiklund does disclose control for an application program which is executed in conjunction with the contents in a receiving apparatus. See Wiklund ¶ 87. Further, regarding Appellant’s argument (i), the Examiner does not rely on Wiklund for teaching claim 1’s “the trigger information including a network address associated with the application program.” However, we find Wiklund teaches this further recitation as well. See Wiklund ¶ 86 (“The command processor 111 can control any system if the system can be located by unique address. The address may be e.g., Internet Protocol (IP) address.”). This further finding based on Wiklund is not needed to reach our decision because we also agree with and adopt as our own the Examiner’s finding that Kokernak teaches claim 1’s “the trigger information including a network address associated with the application program.” Final Act. 4 (citing Kokernak ¶ 20). Kokernak discloses “the set of tokens includes an identifier carrying data representative of at least one of a network location of the packet generator.” Kokernak ¶ 20; see also Kokernak Abstract (“The packet generator generates packets within a stream of television content to be broadcast over the television network.”). Contrary to Appellant’s argument (ii), we do not agree that the network location of the packet generator is different than a network location of an application program. According to Kokernak, the packet generator generates television content. See Kokernak Abstract. According to Wiklund, a live video feed (television content) is an example of an application. Wiklund ¶ 87. Appeal 2019-002102 Application 13/216,375 7 Finally, the Examiner has articulated a reason to combine the teachings of Wiklund and Kokernak that is rational on its face and supported by evidence drawn from the record. See Final Act. 4 (citing Kokernak ¶ 8) (“provide an improved platform for allowing data content on a computer network to be linked with content on a broadcast network”). Appellant has not presented any particularized arguments as to why this reasoning is incorrect. We, therefore, sustain the Examiner’s rejection of claim 1. We also sustain the Examiner’s rejection of claims 6–8, 13–15, 17, 18, and 20, 22, 24–29, and 31–36, which are not separately argued with particularity. Regarding claim 21, Appellant further argues “Kokernak’s tokens only include an identifier carrying data representative of at least one of a network location of a packet generator.” Appeal Br. 22. For reasons explained above, we do not agree that the network location of the packet generator is different than a network location of an application program. See Kokernak Abstract; Wiklund ¶ 87. We, therefore, also sustain the Examiner’s rejection of claim 21. Regarding claim 23, Appellant further argues the cited prior art does not teach “obtaining or acquiring of the application program” as recited in claim 23. See Appeal Br. 22–23. As explained above, Wiklund further elaborates on the triggering information, further explaining “[i]n case the data stream consisting a television program and the command is to change a commercial with an application (e.g., a live video feed), the command processor 111 informs a video server 113 to start providing e.g., the live video feed data stream to a mixer 114.” Wiklund ¶ 87 (emphasis added). Appeal 2019-002102 Application 13/216,375 8 Thus, Wiklund teaches acquiring of the application program (e.g., a live video feed). See Wiklund ¶ 87. We, therefore, also sustain the Examiner’s rejection of claim 23. Regarding claim 30, Appellant further argues the cited prior art does not teach “the network address associated with the application program includes a network address of a server for obtaining or acquiring the application program” as recited claim 30. See Appeal Br. 23. For reasons explained above, Wiklund teaches acquiring of the application program (e.g., a live video feed), while Kokernak teaches the network location (address) of an application program. See Kokernak Abstract, Wiklund ¶ 87. We, therefore, also sustain the Examiner’s rejection of claim 30. The Obviousness Rejection of Claims 2 and 9 over Wiklund, Kokernak, and Dakss Appellant has not presented any particularized arguments as to why claims 2 and 9 are patentable beyond the arguments presented with respect to claim 1. See Appeal Br. 24. We, therefore, sustain the Examiner’s rejection of claims 2 and 9 for the same reasons discussed above when addressing claim 1. The Obviousness Rejection of Claims 3 and 10 over Wiklund, Kokernak, and Lei Appellant has not presented any particularized arguments as to why claims 3 and 10 are patentable beyond the arguments presented with respect to claim 1. See Appeal Br. 25. We, therefore, sustain the Examiner’s rejection of claims 3 and 10 for the same reasons discussed above when addressing claim 1. Appeal 2019-002102 Application 13/216,375 9 The Obviousness Rejection of Claims 4 and 11 over Wiklund, Kokernak, and Leuratti Appellant has not presented any particularized arguments as to why claims 4 and 11 are patentable beyond the arguments presented with respect to claim 1. See Appeal Br. 26–27. We, therefore, sustain the Examiner’s rejection of claims 4 and 11 for the same reasons discussed above when addressing claim 1. The Obviousness Rejection of Claims 5 and 12 over Wiklund, Kokernak, and Patel Appellant has not presented any particularized arguments as to why claims 5 and 12 are patentable beyond the arguments presented with respect to claim 1. See Appeal Br. 27–28. We, therefore, sustain the Examiner’s rejection of claims 5 and 12 for the same reasons discussed above when addressing claim 1. CONCLUSION The Examiner’s overall decision to reject claims 1–15, 17, 18, and 20–36 is affirmed. DECISION SUMMARY In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1, 6–8, 13– 15, 17, 18, 20–36 103(a) Wiklund, Kokernak 1, 6–8, 13– 15, 17, 18, 20–36 Appeal 2019-002102 Application 13/216,375 10 2, 9 103(a) Wiklund, Kokernak, Dakss 2, 9 3, 10 103(a) Wikllund, Kokernak, Lei 3, 10 4, 11 103(a) Wiklund, Kokernak, Leuratti 4, 11 5, 12 103(a) Wiklund, Kokernak, Patel 5, 12 Overall Outcome 1–15, 17, 18, 20–36 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation