Ex Parte Lahtinen

Patent Trials and Appeals BoardMar 14, 2014

11869993 - (S) (P.T.A.B. Mar. 14, 2014)

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. Â§ 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. Â§ 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 2 Appeal2016-000101 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. Â§ 102(b) as being anticipated by Tischer. Final Act. 2-8. Claims 5, 15, and 21 stand rejected under 35 U.S.C. Â§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 3 Appeal2016-000101 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. Â§ 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.Â§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. Â§ 1.136(a)(l)(iv). 4 Appeal2016-000101 Application 11/869,993 AFFI1Uv1ED 5