Ex Parte Lahtinen

Patent Trial and Appeal Board

Nov 21, 2016

11869993 (P.T.A.B. Nov. 21, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
11/869,993 10/10/2007
132251 7590 11/23/2016
(ELG/Core Wireless/27921)
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, Suite 1300
Ottawa, ON KIP 1J9
CANADA
FIRST NAMED INVENTOR
Pekka Lahtinen
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.
PAT 82868-2 4049
EXAMINER
ANDERSEN, KRISTOPHER E
ART UNIT PAPER NUMBER
2158
NOTIFICATION DATE DELIVERY MODE
11/23/2016 ELECTRONIC
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.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
ipinfo@blg.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte PEKKA LAHTINEN
Appeal2016-000101
Application 11/869 ,993
Technology Center 2100
Before CARLA M. KRIVAK, JEFFREY S. SMITH, and
1\1ICHi\.EL J. STR .. A .. USS, Administrative Patent Judges.
STRAUSS, Administrative Patent Judge.
DECISION ON APPEAL
Appeal2016-000101
Application 11/869,993
STATE~v1ENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from a rejection of claims
1-25. This application had a prior decision on appeal (Appeal 2011-
012178) affirming the rejections of all claims. We have jurisdiction under 35
U.S.C. § 6(b ).
We affirm.
THE INVENTION
The claims are directed to enabling access to a dynamic attribute
associated with a service point. Spec., Title. Claim 1, reproduced below, is
illustrative of the claimed subject matter:
1. A method comprising:
receiving an indication of a dynamic attribute associated
with a service point having a particular geographic location, the
dynamic attribute being provided from a mobile content source
proximate to the particular geographic location;
indicating an availability of the dynamic attribute to a user
remotely located from the service point, wherein the indication
of the dynamic attribute comprises sending an indication of
media content provided at the service point;
enabling the user to access the dynamic attribute m
response to a user selection; and
initiating viewing of the user selection at a device m
response to the user selection.
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Tischer US 2005/0188399 Al Aug. 25, 2005
British Telecommunications EP 1 770 956 Al Apr. 4, 2007
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Application 11/869,993
REJECTIONS
The Examiner made the following rejections:
Claims 1--4, 6-14, 16-20, and 22-25 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Tischer. Final Act. 2-8.
Claims 5, 15, and 21 stand rejected under 35 U.S.C. §103(a) as being
unpatentable over Tischer and British Telecommunications. Final Act. 8-
10.
ANALYSIS
We have reviewed the Examiner's rejections in light of Appellant's
arguments the Examiner has erred. We disagree with Appellant's
conclusions. We adopt as our own (1) the findings and reasons set forth by
the Examiner in the action from which this appeal is taken (Final Act. 2-11)
and (2) the reasons set forth by the Examiner in the Examiner's Answer in
response to Appellant's Appeal Brief (Ans. 2-5) and concur with the
conclusions reached by the Examiner. We highlight the following for
emphasis.
Appellant contends Tischer's list of available feeds fails to disclose
the indication of media content provided at the service point according to
independent claim 1. Br. 7. The Examiner responds by finding Tischer' s
shared media content discloses the disputed dynamic attribute when
interpreted in light of Appellant's Specification describing a dynamic
attribute as, for example, video or audio content. Ans. 3. The Examiner
further finds Tischer's list of alternative feeds discloses the availability of
the dynamic attribute. Furthermore, according to the Examiner, "[i]n
paragraph [0026], Tischer teaches that the users of devices 116B and 116C
send an indication of media content provided at the service point, because
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Application 11/869,993
'the user pushes a button on the device that sends out a broadcast via peer
networking which allows discovery of the device."' Ans. 3--4. The
Examiner responds to Appellant's argument that "'Tischer simply indicates a
list of available feeds"' finding "indicating the list of available feeds is an
indication of media content provided at the service point." Ans. 4 quoting
Br. 7.
Appellant has not persuasively rebutted the Examiner's findings. In
the absence of sufficient evidence or technical reasoning to the contrary, we
agree with the Examiner's findings that Tischer's list of alternative media
feeds (i.e., audio and/or video content) discloses the disputed limitation of
indicating an availability of a dynamic attribute to a user remotely located
from the service point, wherein the indication of the dynamic attribute
comprises sending an indication of media content provided at the service
point. See Ans. 3--4. Accordingly, we sustain the rejection of independent
claim 1 under 35 U.S.C. § 102(b) as anticipated by Tischer and, for the same
reasons, the rejection of independent claims 12, 18, 24, and 25 and
dependent claims 2--4, 6-11, 13, 14, 16-20, 22 and 23 which were not
argued separately. We further sustain the rejection of dependent claims 5,
15, and 21under35U.S.C.§103(a) over Tischer and British
Telecommunications, these dependent claims also not argued separately.
DECISION
The Examiner's decision to reject claims 1-25 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).
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Application 11/869,993
AFFI1Uv1ED
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