Ex Parte Ogasawara et al

Board of Patent Appeals and Interferences

May 30, 2012

10541500 (B.P.A.I. May. 30, 2012)

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.
10/541,500 07/07/2005 Yasutaka Ogasawara SON-3141 2009
7590 05/30/2012
Rader Fishman & Grauer
Suite 501
1233 20th Street NW
Washington, DC 20036
EXAMINER
LI, GUANG W
ART UNIT PAPER NUMBER
2478
MAIL DATE DELIVERY MODE
05/30/2012 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 BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte YASUTAKA OGASAWARA, YOSHIYUKI KUNITO,
SHINYA KIMURA, ISAMU YAGETA, SATOSHI KAWAHATA,
and YASUTO MASUDA

____________

Appeal 2010-009675
Application 10/541,500
Technology Center 2400
____________

Before MARC S. HOFF, CARLA M. KRIVAK, and
ELENI MANTIS MERCADER, Administrative Patent Judges.

KRIVAK, Administrative Patent Judge.

DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of
claims 1, 3, 4, 6-8, 10, 11, 13, 14, 16, 17, 19-21, 23, and 25-39. We have
jurisdiction under 35 U.S.C. § 6(b). An oral hearing was held May 15, 2012.
We reverse.

Appeal 2010-009675
Application 10/541,500

2
STATEMENT OF THE CASE
Appellants’ claimed invention is a service managing method,
apparatus, and system for enabling users of an information transmission
service, where information is sent and received in real time over a network,
to recognize the respective environment and conditions for provision of their
own information (Abstract).
Independent claim 1, reproduced below, is illustrative.
1. A service managing apparatus for managing an information
transmission service in which digital content is sent in real time between
communication devices connected to each other over a network, the
apparatus comprising:

a communication controlling means for controlling the
communication with each of the communication devices;

an information registering means for maintaining registration
information on more than one piece of digital content available from those
of the communication devices that are registered as an information provider;
and

an information managing means for dynamically generating, based on
the registration information, choices-window information from which
selection is made of a desired one of the plurality of pieces of offered digital
content by those of the communication devices that are to receive the desired
piece of offered digital content,

the information managing means updating, when the registration
information has been updated based on updating information reflecting the
current status of the information provider, the choices-window information
on the basis of the updated registration information, wherein the choices-
window information includes information indicative of whether the
communication device that is the information provider can currently provide
the offered digital content in real time, and

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Application 10/541,500

3
wherein the communication controlling means controls the connection
between the communication device that receives the desired piece of offered
digital content and the communication device that is the information
provider, with the desired piece of offered digital content being provided in
real time when it is indicated as currently available in real time.

REFERENCES and REJECTIONS
The Examiner rejected claims 1, 3, 4, 6-8, 10, 11, 13, 14, 16, 17, 19-
21, 23, and 25-33 under 35 U.S.C. § 103(a) based upon the teachings of
Linden (US 6,266,649 B1, July 24, 2001), Angles (US Patent 5,933,811,
August 3, 1999), and Buhse (US Patent Application Publication
2004/0024652 A1, February 5, 2004).
The Examiner rejected claims 34-39 under 35 U.S.C. § 103(a) based
upon the teachings of Linden, Angles, Buhse, and Cave (US Patent
6,996,094 B2, February 7, 2006).

ANALYSIS
The Examiner finds Linden discloses all the features of Appellants’
claimed invention except for registering information and updating the
registered information, and relies on Angles for this teaching (Ans. 6). The
Examiner further finds neither Linden nor Angles discloses maintaining
registration information on more than one piece of digital content or the
offered digital content being provided in real time, and relies on Buhse for
these teachings (Ans. 6-7).
Appellants assert the Examiner is incorrect in finding Linden
discloses, inter alia, sending digital content in real time between
communication devices, dynamically generating choices-window
information, and where the choices-window information indicates whether
Appeal 2010-009675
Application 10/541,500

4
the communication device that is the information provider can provide the
offered digital content in real time (see App. Br. 10-17; Reply Br. 7-11 and
13-14). We agree. Particularly, we agree with Appellants that Linden’s
teaching disclosing recommendations remain resident on a webserver and
are stored for possible access is not a “disclosure of a connection between”
two communication devices providing information in real time, as claimed
(Reply Br. 8). We also agree Linden does not disclose registration of
information (App. Br. 11-14; Reply Br. 8). Angles and Buhse do not
remedy these deficiencies. Thus, we find Appellant’s arguments persuasive
with respect to the rejection of claims 1, 3, 4, 6-8, 10, 11, 13, 14, 16, 17, 19-
21, 23, and 25-33 and find these claims not obvious over the combination of
Linden, Angles, and Buhse.
Cave also does not cure the deficiencies of Linden. Thus, claims 34-
39 are also not obvious.

DECISION
The Examiner’s decision rejecting claims 1, 3, 4, 6-8, 10, 11, 13, 14,
16, 17, 19-21, 23, and 25-39 is reversed.

REVERSED

pgc