Ex Parte Hesdahl et alDownload PDFBoard of Patent Appeals and InterferencesSep 29, 201010874149 (B.P.A.I. Sep. 29, 2010) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _____________ Ex parte PIET BERNARD HESDAHL and AMIRAM LEVI ______________ Appeal 2009-014610 Application 10/874,149 Technology Center 2600 ______________ Before KENNETH W. HAIRSTON, JOHN C. MARTIN, and MAHSHID D. SAADAT, Administrative Patent Judges. Opinion for the Board filed by Administrative Patent Judge MARTIN. Concurring-in-Part and Dissenting-in-Part Opinion filed by Administrative Patent Judge HAIRSTON. MARTIN, Administrative Patent Judge. DECISION ON APPEAL1 1 The two-month time period for filing an appeal or commencing a civil action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing, as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE” (paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery mode) shown on the PTOL-90A cover letter attached to this decision. Appeal 2009-014610 Application 10/874,149 2 STATEMENT OF THE CASE This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 1-25, which are all of the pending claims. We have jurisdiction under 35 U.S.C. § 6(b). We affirm-in-part. A. Appellants’ invention Appellants’ invention relates generally to remote controls, and, more particularly, to relaying remote control codes from one location to another. Specification 1:5-6.2 The invention addresses the problem that there can be times when signals from one remote, chosen to operate a first device, will inadvertently operate an unintended second device (id. at 2:7-8). Figure 2 of the Application is reproduced below.3 2 Citations herein to Appellants’ Specification are to the Application as filed rather than to corresponding Patent Application Publication 2005/0280551A1. 3 The drawings reproduced herein are amended drawings filed July 19, 2004 Appeal 2009-014610 Application 10/874,149 3 Figure 2 is a block diagram of an exemplary remote control code relaying system, remote controls, devices, and their interface (id. at 3:5-6). Remote control relaying system 100 comprises a local IR (infrared) unit 120 located, for example, in a first room, a remote IR unit 140 located, for example, in a second room, and a network 130 connecting the two IR units (id. at 4:4-13). System 100 is intended to relay EM (electromagnetic) control signals from IR remote control 110 to remote device 150-1 (id. at 4:14-15). This figure shows the possibility that a remote control device 160 intended for use in controlling a local device 165 might cause (via paths 115-2 and 145-2) an unintended operation of remote device 150-2 (id. 7:9-26). As Appeal 2009-014610 Application 10/874,149 4 explained below, Appellants’ invention employs a filtering technique to avoid this problem. Figure 1 is reproduced below. Figure 1 is another block diagram of an exemplary remote control code relaying system, remote controls, devices, and their interface (id. at 3:5-6). The EM signal 180 emitted by remote control 110 includes a header 181, a device code 182, a function code 183, and a trailer 184 (id. at 5:13- 17). EM signal 180 does not, however, include a code identifying the IR carrier frequency. Local IR unit identifies the carrier frequency of EM signal 180 and generates a packet portion 195 that includes “frequency information” 196 (identifying the carrier frequency), a device code 197, and Appeal 2009-014610 Application 10/874,149 5 a function code 198 (id. at 5:29-6:4). In an exemplary embodiment, each of frequency information 196, device code 197, and function code 198 is a binary representation (id. at 6:7-10). Packet portion 195 is transmitted via network 130 to remote IR unit 140 (id. at 6:3-4, 22), which transmits an EM remote control signal 170 (consisting of a header 171, a device code 172, a function code 173, and a trailer 174) to the target remote device 150-1 using the IR carrier frequency identified by frequency information 196 of packet portion 195 (id. at 6:24- 7:3). The above-mentioned filtering is accomplished by comparing one or more of the frequency identification, device code, and function code for the received remote control code with a database containing either permitted or prohibited frequency identifications, device codes, and function codes (id. at 11:23-13:2; Fig. 4). B. The claims The independent claims before us are claims 1, 21, 22, and 25, of which claim 1 reads: 1. A method for filtering remote control codes in a remote control code relaying system, the method comprising the steps of: receiving a remote control code; comparing a portion of the received remote control code with a corresponding portion of a given one of one or more stored remote control codes; and Appeal 2009-014610 Application 10/874,149 6 filtering the received remote control code based on the comparison and frequency information. Claims App. (Br. 14).4 C. The references The Examiner’s rejections are based on the following references: Amano US 4,999,622 Mar. 12, 1991 Jacobson, Jr. (Jacobson) US 6,424,660 B2 Jul. 23, 2002 Stevenson US 2002/0154024 A1 Oct. 24, 2002 D. The rejections (1) Claims 1-7, 17, 18, and 21-24 stand rejected under 35 U.S.C. § 102(b) for anticipation by Jacobson. Final Action 2, para. 1. (2) Claims 1-7 and 15-25 stand rejected under 35 U.S.C. § 103(a) for obviousness over Jacobson in view of Amano. Id. at 3, para. 2. (3) Claims 8 and 9 stand rejected under 35 U.S.C. § 103(a) for obviousness over Jacobson in view of Amano and Admitted Prior Art. Id. at 5, para. 4.5 (4) Claims 10-14 stand rejected under 35 U.S.C. § 103(a) for obviousness over Jacobson in view of Amano, Stevenson, and Admitted Prior Art. Id. at 5, para. 3. 4 Appeal Brief filed March 13, 2008. 5 The subject matter of the Admitted Prior Art is discussed infra. Appeal 2009-014610 Application 10/874,149 7 Appellants stated in the Reply Brief that they “hereby withdraw the appeal” of claims 14 and 18 (Reply Br. 5, points D and E). The rejections of these claims are therefore summarily sustained. THE §102(b) REJECTION (CLAIMS 1-7, 17, 18, AND 21-24) A. The Jacobson disclosure Jacobson discloses a multi-room wireless (e.g., IR) remote control system. Figure 1 is reproduced below. Appeal 2009-014610 Application 10/874,149 8 Figure 1 is a block diagram illustrating multiple rooms of a residence each including one of wireless reception devices 110, 112, 114, 116, and 118, which are connected via communication lines 122 to a system controller 120 (col. 2, ll. 29-41), which is connected to the controlled devices (not shown) by a communication line 124 (col. 5, ll. 15-30). Figure 2 is reproduced below. Figure 2 is block diagram illustrating one of the wireless reception devices (col. 2, ll. 3-5). Receiver identifier storage medium 206 stores an identifier or address of the reception device (col. 3, ll. 39-42). In response to a remote control signal 222, transmit logic 204 transmits both the receiver identifier and the received command code to system controller 120 via communication lines 122 (col. 3, ll. 38-44). Figure 3 is reproduced below. Appeal 2009-014610 Application 10/874,149 9 Figure 3 is a block diagram of an embodiment 300 of system controller 120 of Figure 1 (col. 4, ll. 59-62). Receiver 304 receives, from a reception device 200, signals including a command code identifying the requested function and the identifier of the reception device (col. 5, ll. 1-4). When control logic 302 determines that one or more commands are to be transmitted to one or more components in response to the received request, control logic 302 forwards the command(s) to transmit logic 306, which transmits the command(s) to the appropriate component(s) (col. 5, ll. 15-20). Command database 310 maintains one or more records identifying which actions, if any, are to be carried out by system controller 300 based on the received commands (col. 5, ll. 37-39). For example, control logic 302 can search command database 310 to find a record or records having the same Appeal 2009-014610 Application 10/874,149 10 receiver identifier and command code as that received from reception device 200 (col. 5, ll. 44-48). System controller 120 also can provide a verification function. Figure 5 is reproduced below. Figure 5 is a flowchart illustrating the steps followed by a system controller according to one embodiment (col. 6, ll. 48-50). When system controller 120 receives a request and a receiver identifier from a reception device (step 505), system controller 120 can optionally identify the location Appeal 2009-014610 Application 10/874,149 11 of the request (step 510) (e.g., bedroom, living room, etc.) (col. 6, ll. 50-59). If system controller 120 uses only the receiver identifier to check which actions are to be performed, step 510 is not necessary (id.). In either case, system controller 120 checks whether the request is verified (step 515) by verifying that the qualifications for the request, if any, have been satisfied (col. 6, ll. 60-63). If the request is not verified, it is ignored (step 520); if it is verified, system controller 120 issues the command corresponding to the request to the appropriate component in the identified location (step 525) (col. 6, ll. 63-67). System controller optionally can issue additional commands to other components based on the request and the location of the request (col. 7, ll. 1-3). These additional commands can include, for example, powering off other components or dimming lights in the same location as the request or in different locations (col. 7, ll. 3-6). Regarding all of the subject matter in claim 1 except for “filtering the received remote control code based on . . . frequency information” (emphasis added), the Examiner, without challenge by Appellants, finds that “[t]he incoming . . . remote control code is compared to a database at the controller 120, the remote control code is verified step 515 (inherently by comparison) and commands ‘not verified’ are filtered based on the comparison and discarded or ignored.” Final Action 2-3. Regarding the claimed requirement for “filtering the received remote control code based on . . . frequency information,” the Examiner found that “[s]ince the receiver listens for the remote control code on the desired frequency band (IR), the filtering Appeal 2009-014610 Application 10/874,149 12 only occurs when the remote control code exists on the desired frequency band and therefore, the filtering additionally occurs based on the frequency of the desired signal.” Id. at 2, para. 1. We understand the Examiner’s position to be that Jacobson’s IR receiver 202 inherently provides filtering based on frequency because it will not respond to at least one frequency that is different from the frequency it is intended to receive. Appellants concede that the claim term “frequency information” is not limited to a “binary representation” of the carrier frequency, as is employed in the exemplary embodiment described at page 6, lines 7-14 of the Specification (Br. 6).6 Rather , they assert that “‘information’ is defined as ‘data at any stage of processing’ (See, dictionary.com; emphasis added)” and argue that “a person of ordinary skill in the art would interpret ‘frequency information’ as data regarding frequency.” (Br. 6.) However, the quoted definition of “information” on which Appellants rely specifically refers to a “computer” environment: 8. Computers . a. important or useful facts obtained as output from a computer by means of processing input data with a program: Using the input data, we have come up with some significant new information. b. data at any stage of processing (input, output, storage, transmission, etc.). http://dictionary.reference.com/browse/information (emphasis altered) (last visited Sept. 24, 2010). This definition is unduly narrow as applied to 6 The Examiner is therefore incorrect to characterize this interpretation as (Continued on next page.) Appeal 2009-014610 Application 10/874,149 13 claim 1, which does not require that the recited “filtering” to the extent “based on . . . frequency information” be performed by a computer or that the “frequency information” be used by a computer or in a computation. We therefore sustain the anticipation rejection of claim 1. For the same reasons, we are sustaining the anticipation rejection of (a) independent claims 21 and 22, which likewise recite “frequency information” and as to which Appellants repeat their claim 1 arguments, and (b) dependent claims 2-7, 17, 23, and 24, which are not separately argued. In re Nielson, 816 F.2d 1567, 1572 (Fed. Cir. 1987). The anticipation rejection of claim 18 is summarily sustained because Appellants have withdrawn the appeal as to that claim. THE § 103(a) REJECTION OF CLAIMS 1-7 AND 15-25 (JACOBSON IN VIEW OF AMANO) In rejecting the claims for obviousness over Jacobson in view of Amano, Final Action 4, the Examiner interprets “frequency information” to mean a measured frequency value, which is similar to Appellants’ proposed interpretation of “frequency information” to mean “data regarding frequency.” Specifically, the Examiner explains that “[f]or this rejection, the interpretation of claim 1 is more closely tied to the interpretation of claim 19, where the frequency of the received remote control signal impacts the frequency as a measured value.” Id. Claim 19 recites, in relevant part, Appellants’ argued interpretation (Answer 7). Appeal 2009-014610 Application 10/874,149 14 “comparing the received frequency information with frequency information in the given stored remote control code.” Figure 3 of Amano is reproduced below. Figure 3 is a schematic diagram showing remote control signal formats of various manufacturers. Amano, col. 3, ll. 50-51. This figure shows, for example, that the control signal of manufacturer A is formed as a digital signal of 32 bits and that the control signal of manufacture B is formed as a signal having a constant frequency that is different for each operation (col. 3, ll. 51-55). Amano’s Figure 5 is reproduced below. Appeal 2009-014610 Application 10/874,149 15 Figure 5 is a perspective view illustrating the initial setting state of an embodiment of Amano’s multi-commander, whose operation is represented by the flowchart of Figure 6 (col. 5, ll. 28-33). In describing the learning mode of the multi-commander 20, Amano explains that the operator (user) places the light emitting portion of the TV commander 37 toward the front of the light receiving element 34 [Fig. 4] of the multi-commander 20 and depresses a power key 39 of the TV commander 37. Thereupon, the operation of the multi- commander 20 proceeds to steps 104 to 106, wherein the manufacturer and the category (TV or VTR [video tape recorder7]) of the apparatus to be controlled are identified by the code pattern of the control signal corresponding to [switch-0N operation]. 7 Amano, col. 2, ll. 52-53. Appeal 2009-014610 Application 10/874,149 16 Col. 6, l. 63-col. 7, l. 4.8 As explained in describing the multi-commander circuit details depicted in Figure 4 (not reproduced herein), a light receiving element 34 converts infrared rays of the TV commander and the VTR commander into an electrical signal, which is supplied to the central processing unit 21 through a detecting circuit 35 and an input register 36 (col. 6, ll. 35-39). Thus, when the TV or VTR remote is from manufacture B and thus emits a signal having a constant frequency that is different for each operation (col. 3, ll. 51-55), the multi-commander will measure the frequency. The Examiner finds that “the universal remote control [of Amano] measures the frequency and also determines the remote control code from a teaching remote control signal.” Final Action 4. Based on this finding, the Examiner concluded that it would have been obvious . . . to have measured the frequency of the incoming remote control signal in the Jacobson system to determine if the incoming remote control signal can be verified in the verification step of Jacobson since Jacobson wants to repeat only signals that can be repeated. Id. We understand the Examiner’s position to be that it would have been obvious in view of Amano to modify Jacobson so as to measure the carrier frequency of the received IR remote control signal and to use the carrier frequency value as one of the verification parameters. 8 In the quotations herein from the references, bolding of the reference numerals is omitted. Appeal 2009-014610 Application 10/874,149 17 Appellants deny that combining the reference teachings in the manner proposed by the Examiner will result in filtering that is based on “frequency information.” According to Appellants (Br. 6), “[n]either Jacobson nor Amano, however, disclose or suggest frequency information, as defined in the present disclosure, or disclose or suggest filtering the received remote control code based on the comparison and frequency information.” Appellants have not explained why the recited “frequency information,” when interpreted to mean “a measured frequency value” (the Examiner’s definition) or “data regarding frequency” (Appellants’ similar definition), does not read on Amano’s multi-commander 20 or on Jacobson as modified so as to “measur[e] the frequency of the incoming remote control signal . . . to determine if the incoming remote control signal can be verified in the verification step.” Final Action 4. For the above reasons, we will sustain the obviousness rejection with respect to: (a) claim 1; (b) independent claims 21 and 22, which Appellants treat as standing or falling with claim 1; and (c) dependent claims 2-7, 15- 17, 23, and 24, which are not separately argued. Nielson, 816 F.2d at 1572. The obviousness rejection of claim 18 is summarily sustained because Appellants have withdrawn the appeal as to that claim (Reply Br. 5). Appellants separately argue dependent claims 19 and 20 and independent claim 25. Claim 19, which specifically calls for comparing “frequency information,” reads as follows: 19. The method of claim 1, further comprising the step of receiving frequency information, wherein the step of Appeal 2009-014610 Application 10/874,149 18 comparing further comprises the steps of: comparing the received frequency information with frequency information in the given stored remote control code; and when a match occurs between the received frequency information and the frequency information in the given stored remote control code, comparing the portion of the received remote control code with the corresponding portion of the given stored remote control code. (Emphasis added.) Appellants argue that even if the frequency of the incoming remote control signal is measured, there would be no requirement for frequency information in the given stored remote control code, let alone any requirement for comparing the frequency of the incoming remote control signal with the frequency information in the given stored remote control code. (Reply Br. 6.) This argument is unpersuasive because using the carrier frequency value as a verification parameter implies that the detected carrier frequency value with be compared with one or more stored carrier frequency values. The rejection of claim 19 is therefore sustained. Claim 20 reads as follows: 20. The method of claim 1, wherein: the step of comparing further comprises the step of comparing the portion of the received remote control code with a corresponding portion of each of the one or more stored remote control codes and determining there is no match between the portion of the received remote control code and a corresponding portion of each of the one or more stored remote control codes; and Appeal 2009-014610 Application 10/874,149 19 the step of filtering the received remote control code based on the comparison further comprises the steps of: determining whether the remote control code should be output or discarded; and adding the new remote control code to the one or more stored remote control codes based on the determination of whether the remote control code should be output or discarded. (Emphasis added.) As correctly pointed out by Appellants (Br. 10), the Final Action does not provide any specific comments regarding the rejection of this claim. The Examiner’s discussion of claim 20 at pages 15-16 of the Answer merely repeats the reasoning relied on in the discussion of claim 19 at pages 14-15 of thereof and thus does not specifically address the “determining” and “adding” steps of claim 20. We therefore are not sustaining the rejection of claim 20. Independent claim 25, which reads as follows, recites learning codes from a user rather than reciting “frequency information”: 25. A method for filtering remote control codes in a remote control code relaying system, the method comprising the steps of: receiving a remote control code; comparing a portion of the received remote control code with a corresponding portion of a given one of one or more stored remote control codes utilized for filtering, wherein said stored remote control codes are learned from a user; and filtering the received remote control code based on the comparison. (Emphasis added.) Appeal 2009-014610 Application 10/874,149 20 In identifying the support in their Specification for stored remote control codes that are learned from a user, Appellants (Br. 7) cite the last sentence of the following paragraph: If desired, two sets of stored remote control codes may be used, where one set defines those remote control codes that should be output to the network 130, while another set defines those remote control codes that should be discarded. Remote control codes that are not in either set could be output to the network 130 or discarded. Additionally, the system 100 could enter a learning mode and have the user determine whether the remote control code not in either set should be output or discarded. Specification 8:20-25 (emphasis added). In the Final Action (at 7), the Examiner found that “since the user [in Amano] aligns the appropriate (a chosen) teaching remote controller as an input to the universal remote controller, then the user is responsible for which teaching controller is used and therefore, the remote control codes are learned from a user.” Appellants argue that “the information learned by the universal remote controller comes from the ‘teaching remote controller’ and not the user” (Br. 7). We agree with the Examiner’s position and therefore will sustain the rejection of claim 25. In the interest of completeness, we will also address the Examiner’s alternative position that Jacobson in the following sentence teaches stored remote control codes learned from a user: “The command database 310 is user-programmable, allowing individual users to store in database 310 the actions they would like to have occur given a particular request in a particular room.” (Answer 8-9 (citing col. 4, ll. 59-67)). As an example, Appeal 2009-014610 Application 10/874,149 21 Jacobson explains that command database 310 can indicate that when a request to turn on the television is received in a particular room, the lights are also to be dimmed in that same room (col. 6, ll. 13-16). Appellants argue that “[a] remote control code is distinguished from the actions that are performed by execution of the code, as would be apparent to a person of ordinary skill in the art” (Reply Br. 4). This argument is unpersuasive because the claim language “wherein said stored remote control codes are learned from a user” is broad enough to read on learning from a user only a portion, such as a function code, of a stored remote control code. The rejection of claim 25 is therefore also sustained on this alternative ground. THE § 103(a) REJECTION OF DEPENDENT CLAIMS 8 AND 9 (BASED ON JACOBSON, AMANO, AND ADMITTED PRIOR ART) The rejection of claim 8 is sustained because it is not separately argued and thus falls with parent claim 1, whose rejection for obviousness is being sustained. Nielson, 816 F.2d at 1572. Claim 9 reads as follows: 9. The method of claim 1, wherein: the step of comparing further comprises the steps of: comparing the portion of the received remote control code with a corresponding portion of each of the one or more stored remote control codes; and determining that no match exists between the portion of the received remote control code and a corresponding portion of each of the one or more stored remote control code[s]; and Appeal 2009-014610 Application 10/874,149 22 the step of filtering further comprises the step of outputting the received remote control code based on the determination that no match exists. (Emphasis added.) The Examiner concedes that Jacobson and Amano compare received signals with a list of permitted signals (and thus require a match). Final Action 5, para. 4. However, the Examiner found that Appellants have not traversed the “[Examiner’s] previously taken official notice that it is equally common in the art that comparison for validation can compare with a list of permitted codes or alternatively compare with a list of prohibited list of codes that might be shorter and therefore less time consuming” and held that that subject matter is now considered to be Admitted Prior Art pursuant to MPEP § 2144.03(C) (8th ed., rev. 7, July 2008). Final Action 5-6. Appellants’ argument that they “have not admitted nor validated that the Official Notice is prior art” (Br. 8) is unpersuasive because they have shown that they “specifically point[ed] out the supposed errors in the examiner’s action, which would include stating why the noticed fact is not considered to be common knowledge or well-known in the art,” as is required to successfully traverse a taking of official notice. MPEP § 2144.03(C). Appellants also argue that the references and Admitted Prior Art fail to disclose or suggest outputting the received remote control code based on the determination that no match exists, as required by claim 9. (Br. 8.) This argument is unpersuasive because it is clear that the Admitted Prior Art, by Appeal 2009-014610 Application 10/874,149 23 comparing received codes with a list of prohibited codes, will output the received code when no match exists. Appellants, in the Reply Brief (at 5), argue that “a system that only discards codes that match a prohibition list is not necessarily less time consuming, even in a system that has a lot of permissible codes (as would be apparent to a person of ordinary skill in the art).” This argument against the Examiner’s taking of official notice is entitled to no consideration because it was not necessitated by a new point in the Answer and thus should have been made in the opening Brief. See Ex parte Borden, 93 USPQ2d 1473, 1473-74 (BPAI 2010) (“informative”9) (absent a showing of good cause, the Board is not required to address an argument newly presented in the Reply Brief that could have been presented in the principal Brief on Appeal). The rejection of claim 9 is therefore sustained. THE § 103(a) REJECTION OF DEPENDENT CLAIMS 10-14 (BASED ON JACOBSON, AMANO, STEVENSON, AND ADMITTED PRIOR ART) The rejection of claims 10-14 will be sustained because claims 10-13 are not separately argued and thus fall with parent claim 1, whose rejection for obviousness is being sustained. Nielson, 816 F.2d at 1572. The rejection of claim 14 is summarily sustained because Appellants have withdrawn the appeal as to that claim. 9 Designated as an “Informative Opinion” at the following Board website: http://www.uspto.gov/ip/boards/bpai/decisions/inform/index.jsp. Appeal 2009-014610 Application 10/874,149 24 DECISION The rejection of claims 1-7, 17, 18, and 21-24 under 35 U.S.C. § 102(b) for anticipation by Jacobson is sustained. All of the rejections of claims 1-25 under 35 U.S.C. § 103(a) are sustained except the rejection of claim 20. The Examiner’s decision that claims 1-25 are unpatentable over the prior art is accordingly affirmed-in-part. 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). See 37 C.F.R. § 1.136(a)(1)(v) (2009). AFFIRMED-IN-PART Appeal 2009-014610 Application 10/874,149 25 HAIRSTON, Administrative Patent Judge, Concurring-in-Part and Dissenting-in-Part. I agree with the majority that the obviousness rejection of claim 20 should be reversed, and that the obviousness rejection of claim 25 should be affirmed. I do not, however, agree with the majority as to any of the other rejections of record. The primary reference to Jacobson merely accepts a remote control signal, adds a command code to the received remote control signal, and then performs a verification (presumably a filtering) step on the remote control signal. Jacobson is completely silent as to any type of filtering based on any type of frequency data or frequency information. I do not “understand the Examiner’s position to be that it would have been obvious in view of Amano to modify Jacobson so as to measure the carrier frequency of the received IR remote control signal and to use the carrier frequency value as one of the verification parameters” as indicated supra. The secondary reference to Amano is directed to programming a universal remote, and nothing more. Stated differently, Amano, like Jacobson, is completely silent as to any type of filtering based on any type of frequency data or frequency information. With respect to the obviousness rejections that rely on Jacobson and Amano, the Examiner contends (Final Rej. 4) that Amano teaches that a universal remote that operates on particular frequencies (e.g., IR) cannot be programmed by another remote that operates on another type of frequency Appeal 2009-014610 Application 10/874,149 26 (e.g., RF), and the universal remote will, therefore, not accept the RF signal from the incompatible RF remote. I believe that the Examiner proposes to add an Amano-type filter on the front end of Jacobson, and not let any incompatible remote control signals enter the Jacobson remote control system “since Jacobson wants to repeat only signals that can be repeated” (Final Rej. 4). Appellants argue (App. Br. 6) that independent claims 1, 21, and 22 require filtering based upon two things: (i) a comparison of the received remote control code with a stored remote control code, and (ii) frequency information; and that neither Jacobson nor Amano discloses or suggests such filtering. Inasmuch as Jacobson as modified by Amano would only teach or suggest rejecting certain signal frequencies, and would not perform any comparison based on “stored remote control codes,” I agree with Appellants’ very brief, but accurate argument. gvw Ryan, Mason & Lewis, LLP Suite 205 1300 Post Road Fairfield, CT 06824 Copy with citationCopy as parenthetical citation