Hovsepian v. Apple, Inc.

Filing 156

Download PDF
Hovsepian v. Apple, Inc. Doc. 156 Att. 4 EXHIBIT E Dockets.Justia.com ,"(' Li " IN THE UNTED STATES PATENT AND TRADEMARK OFFICE In re application of: ~ &: . f:97 Received JUN 0 -l \999 Art Unit: Paul Yurt et ai. Appln. No.: 08/630,590 2734 Group 2700 Examner: A.Le Filed: April 10, 1996 Atty. Docket: 03047.0006.US03 For: Audio and Video Transmission and ReceivingSystem Reply and Amendment Under 37 C.F.R. 1.111 Assistant Commissioner for Patents Washington, D.C. 20231 Sir: In response to the Office Action dated March 10, 1999, (PO Prosecution Pile Wrapper Paper No. 15), Applicants submit the following Amendment and Remarks. It is not believed that extensions of time or fees for net addition of claims are required beyond those that may otherwise be provieled for in documents accompanying this paper. However, if additional extensions of time are necessar to prevent abandonment of this application, then such extensions of time are hereby petitioned under 37 C.P.R. 1.136(a), and any fees required therefor (including fees for net addition of claims) are hereby authorized to be charged to our Deposit Account No. 08-3038. Amendments In the Claims: Please cancel claims ~nd add the following new claims 43-53. J) - 2- Yurt et ai. Appl. No.: 08/630,590 ! -- A trallsuussion system responsive to input from a user positioned at an accessing location for transmitting information to a prenises selected by the user, the transnission system comprising: a plurality of libraries for storing items containing information; identification encoding means for retrieving the information in the items from the plurality of librares and for assigning a unique identification code to the retrieved information; conversion means, coupled to the identification encodingmeans, for placing the retreved information intoapredeteimined format as foimatted data; and transmitter means, coupled to the conversion means, for transmitting the formatted data to the premises selected by the user, wherein the premises selected by the user is not liuuted to a predetermined user premises. 1) ~r" \,,~ cJ r K A transnission system as recited in claim;iwherein the plurality of librares are geographica)ly separated. .; A digital audio/video communi~ation network comprising: a reception system in data communication with a plurality of subscriber selectable receiving stations, the reception system comprising, means for receiving compressed, digitized data representing at least one item of audio/video information at a non-real time rate, means for storing a complete copy of the received compressed, digitized data, and means, responsive to the stored compressed, digitized data, for transmitting a representation of the at least one item of audio/video information at a real-time rate to at least L \ '1 -3- Yurt et ai. Appl. No.: 08/630,590 one of the plurality of subscriber selectable receiving stations, wherein said means for receiving, said means for storing, and said means for transmitting are positioned at the same location, and wherein the at least one of the plurality of subscriber selectable stations is located at a premises geographically separated from the location of the reception system. ~ A digital audio/video communication network as recited in claim tt wherein the means for transnitting comprises a converter for decompressing the compressed digitized data representing the at least one item of audio/video information. ~ A digital audio/video communication network as recited in claim Jffurther comprising a processing station for formatting items of audio/video information as compressed, 'i \x bf digitized data and transmitting the compressed, digitized data representing at least one item of audio/video information at the non-real time rate to the means for receiving. ;! A digital audio/video communication network as recited in claim fM, wherein the 1 .~ processing station comprises: means for inputting items of audio/video information; conversion means for placing each input item of audio/video information into a predetermined foimat as formatted data; compression means for compressing the formatted data; and transmitter means for sending compressed formatted data for the at least one item of nudia/video infonmition at the non-real time rate to the reception system. I L\(G ( A method of distributing audio/video infomiation comprising: transmitting compressed, digitized data representing a complete copy of at least one item of audio/video information at a non-real time rate from a central processing location to a local rr . - 4 - Yurt et at. Appl. No.: 08/630,590 distrbution system remote from the central processing location; receiving, into a receiving means, the transmitted compressed, digitized data representing a complete copy of the at least one item; storing, in a storing means, the received compressed, digitized data representing the complete copy of the at least one item at the local distribution system; and in response to the storedcompressed, digitized data, transmitting, using a transuutting means, a representation of the at least one item at a real-time rate to at least one of a plurality of V \ . subscriber selectable receiving stations coupled to the local distribution system, wherein the ry'f receiving means, the storing means, and the transmitting means are positioned at the same location, and wherein the at least one of the plurality of subscriber selectable stations is located at a premises geographically separated from the local distribution system. ~A method as recited in claim if further comprising the step of decompressing the compressed, digitized data representing the complete copy of the at least one item of audio/video information before the transmitting step. C ~ 6T A method as recited in claim if wherein the decompressing step is performed inthe local distribution system to produce the representation of the at least one item for transmission to the at least one of the plurality of subscriber selectable receiving stations. LV ~. . l\C\ j! A method of distrbuting audio/video information comprising: formatting items of audio/video information as compressed digitized data at a central processing location; \I . .5- Yurtetal. AppL. No.: 08/630,590 transnitting compressed, digitized data representing a complete copy of at least one item of audio/video information from the central processing location; receiving, into a receiving means, the transmitted compressed, digitized data representing a complete copy of the at least one item of audio/video information at a local distrbution system; storing, in a storing means, the received compressed, digitized data representing the ~ \ ~ complete copy of the at least one item at the local distribution system; and ~ using the stored compressed, digitized data to transuut using a transuutting means a representation of the at least one item to at least one of a plurality of subscriber selectable receiving stations coupled to the local distribution system, wherein the receiving means, the storing means, and the transmitting means are positioned at the same location, and wherein the at least one of the plurality of subscriber selectable stations is located at a premises geographically separated from the location of the local distribution system. 83. A transuussion system as recited in claimA5 wherein the premises selected by the user is geographically separated from the accessing location.-- 3( t5U - 6- Yurt et ai. App!. No.: 08/630,590 Remarks Applicants thank the Examiner for the courteous and helpful interview conducted on May 26, 1999. Pursuant to that interview and this Amendment, reconsideration of this Application is respectfully requested. Upon entr of the foregoing amendment, claims 43-53 ate pending in the application, with claims 43, 45, 49, and 52 being the independent claims. Applicants seek to cancel claims 33-42 without prejudice to or disclaimer of the subject matter therein. Applicants further seek to add new claims 43-52, which correspond respectively to cancelled claims 33-42. Applicants have also added new dependent claim 53. These changes are believed to introduce no new matter, and their entry is respectfully requested. Based on the above amendment and the following Remarks, Applicants respectfully request that theexalner reconsider all outstanding rejections and they be withdrawn. Rejections Under35 U.S.C. 102 The examiner rejected claims 33 and 34 under 35 U.S.C. 102(e) as being anticipated by u.s. Patent No. 5,133,079 issued to Ballantvne et a!. ("Ballantyne"). This rejection is traversed. As indicated above, claims 43-44 correspond to cancelled claims 33-34. The Ballantyne patent discloses a system having a central or regional distrbution center wherein a video may be stored and accessed by a unique identification code. When a user requests a paricular video, the system appends a customer identification number (D) to the video. This UIN is also embedded in the customer video storage system (at the customer's location) ensuring a one-to-one match between the customer and the requested movie. See the BallantYTe patent, co!. 6, ll. 24-34. In other words, the system automatically downloads the requested video to the customer's premises with a matching UI. The customer cannot request -7 - Yurt et al. Appl. No.: 08/630,590 that the video be sent to another premises. Rather, the video can only be sent to the pre- . deteimined user premises containing the customer video storage system with the matching DI. Conversely, the claimed invention includes a transuussion system that transmits information to any premises chosen by the user that has a specifed receiver. See AppL. No. 08/630,590, page 4, ll. 4-5. In order to place an order, the usr enters a customer IDcode and makes a selection by entering a corresponding identification code for the desired item. Upon receiving confirmation, the user selects the desired delivery time and destination. d. at page 30, line 15 - page 31, line 10 (See also page 31, line 14; page 32,.lne 26, page 33, line 6). That destination is not limited to a pre-determned user premises. Thus, the Ballantvne patent fails to teach a transmission system as claimed in independent claim 43, which transmits information to a premises selected by the user with that premises not being limited to a pre-determned user premises. Independent claim 43 and claim 44 depending therefrom should therefore be allowed. Notably, Applicants have used the term "location" to refer to a premises, rather than merely space in a paricular structure. For example, Applicants distinguished U.S. Patent No. 4,506,387, issued to Walter ("the Walter patent") based upon the fact that the system disclosed in the Walter patent requires a dedicated cable wired to the viewer's premises and that the viewer be at that location for both ordering and viewing the audio/video material. Id. at page 2, 11. 1421. . The Examiner also rejected claims 35-42 under 35 U.S.C. 102(e) as being anticipated by U.S. Patent No. 5,093,718 issued to Hoarty et aL. ("Roary"). This rejection is siuularly traversed. As noted above, claims 45-52 correspond to cancelled claims 35-42. The Hoary patent discloses an interacti ve home infonnation system for supplying digital audiovisual information to users in their homes. The system includes a regional processing center, which is connected to information providers and a plurality of headend computers. Each headend computer is connected to a separate cable TV network, which includes a plurality of nodes. Each node, in tum, is connected to about 60 homes. In each home, a Home Interface "8- Yur et ali Appl. No.: 08/630,590 independently and Control (He) connects to a subscriber's TV set. Each node is capable of simultaneously serving up to 31 of these HICs. Information providers download the original data in digitized video and audio formats to the regional processing center. The regional processing center processes, assembles, and distributes complete system-standardized sets of information to each of the headend computers. Each headend computer acts as a store and forward device to receive this data and rebroadcast it to all of the nodes in its respective cable system. The nodes receive and store all of the data broadcast by the headend computer. The entire database is therefore locally accessible by the user. In operation, the subscriber tunes a television to a non-interactive system channel, which displays the latest television listings. If the subscriber desires to intractively use the system, he or she must request an interactive channel by pressing a key on a remote control. When the user presses the key on the remote control, the system automatically selects an available channel, if any, and reserves the channel for the requesting me. All channels,are scrambled and can only be descrambled by the HIC to which it was allocated. In other words, the system automatically allocates this channel for exclusive use by the requesting subscriber. The system automatically responds to the subscriber's request by downloading the requested information to the requesting me. Other subscribers within the network cannot access this parcular channel, and the subscriber cannot alter the destination of the requested information. Similar to the Ballantvne patent, the Roary system does not allow the user to select another premises or a subscriber selectable receiving station to which information is transmitted as claimed in independent claims 45, 49, and 52. Independent claims 45, 49, and 52 and the claims depending therefrom should therefore be allowed. -9- Yurt etal. AppL. No.: 08/630,590 Conclusion All of the stated grounds of rejection have been properly traversed, accommodated, or rendered moot. Applicants therefore respectfully request that the Examiner reconsider all presently outstanding rejections and that they be withdrawn. Applicants believe that a full and complete response has been made to the outstanding Office Action and, as such, the present application is in condition for allowance. If the Examiner believes, for any reason, that personal communication w1 expedite prosecution of this application, the Exainer is invited to telephone the undersigned at the number provided. Prompt and favorable consideration of this Amendment is respectfully requested. Respectfully submitted, Date: June 7,1999 HOWREY & SIMON Box No. 34 1299 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2402 (202) 783.0800 HOWREY & SIMON Box No. 34 1299 Pennsylvania Avenue, N.W. Washington, D.C. 20004-2402 (202) 783.0800 FORM PTO-l 083 Attorney Docket No. 03047.0006.US03 In re application of Paul Yurt et ai. AppL. No. 08/630,590 Filed: AprHIO. 1996 For: Audio and Video Transmission and Receiving System Received JUN 0 7 1999 THE ASSIST ANT COMMISSIONER FOR PATENTS Washington, D.C. 20231 Group 2700 Sir: Transmitted herewith is an amendment in the above-identified application. Small entity status of this application under 37 CFR 1.9 and 1.27 has been estblished by a statement previously submitted. A statement to establish small entity statuS under 37 CPR 1.9 and 1.27 is enclosed. X No additional claim fee is required. The claim fee has been calculated as shown below: OTHR TH A CotS) SMALL ENTIT Addit. Fee SMALL EN Or Raie Rate Addii. Fee o x ii~ $ $ $ 00.00 x22~ x82= + 270= OR $ $ $ 00,00 00.00 00.00 o C FIRSPRBNTA.10l'OFM1TIPUIDBP.CLAIM x41 ~ 00.00 00,00 00.00 +135 ~ Total Addit. Fee $ TOTAL $ 00.00 - If the entry in Co!. 1 is less than the entry in Col. 2, write "0" in Co!. 3. _. If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, write "20" in this space. ... If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, wrte "3" in this space. The "Highest Number Previously Paid For" (Total or Independent) is the highest number found from the equivalent box in Col. 1 of a prior amendment or the number of claims originally filed. Plense charge my Deposit Account No. 08-3038 in the amount of $_. A duplicate copy of this sheet is attached. A check in the amount of $-- is attached. ;g The U.S. Patent and Trademark Offce is hereby authorize to charge payment of the following fees associated with this communication or credit any overpayment to Deposit Account No. 08-3038 . A duplicate copy of this sheet is attached. ;g Any fiing fees under 37 CPR i. i 6 for the presentation of extra claims. ;g Any patent application processing fees under 37. CPR i. i 7. Date June 7. 1999 HOWREY & SIMON ;)7CI . 11 rJ' cC( Attorneys at Law 1299 Pennsylvania Ave.. NW Washington. DC 20004-2402 (202) 783-0800 FAX (202) 383-6610 Lrt, June 7, 1999 Received JUN 0 7 \999 Andrea G. Reister Of Counsel 1202) 383-7438 reisiera~howrey.colh Assistant Commissioner for Patents Washington, DC 20231 Group 2700 HAND CARRY: Arl Unit 2734 Crystal Park 2, flh Floor Reception Re: U.S. Utilty Application No. 08/630,590 Piled: April 10, 1996 Por: Audio and Video Transmission and Receiving System Inventors: Paul YUT et aL. Group Art Unit: 2734 Examiner: A. Le Atty. Docket: 03047.0006.US03 Sir: Transmitted herewith for appropriate action by the U.S. Patent and Trademark Offce (PTO) are the following documents: 1. Original executed Revocation of Prior Power of Attorney and Appointment of New Attorneys of Record; 2. Original executed Certificate under 37 C.ER. 3.73(b) 3. PTO Porm 1083 (in duplicate); 4. Reply and Amendment under 37 C.P.R. 1.111; . 5. Pirst Supplemental Information Disclosure Statement (in duplicate); 6. PTO Porm 1449 (6 pages), with 68 accompanying documents; and 7. Retumpostcard. It is respectfully requested that the attached postcard be stamped with the date of filing of these documents, and that it be returned to our courier. In the event that extensions of time are necessary to prevent abandonment of this patent application, then such extensions of time are hereby petitioned. The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or credit any overpayment, to our Deposit Account No. 08-3038. A duplicate copy of this letter is enclosed. Sincerely, ..... Enclosures Washington. DC los Angeles Silicon Valley .3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?