Obviousness

To analyze the obviousness of US patent 7817208 under 35 U.S.C. § 103, we must determine if the differences between the claimed invention and the prior art would have been obvious to a person having ordinary skill in the art (POSITA) at the time the invention was made. The filing date of the claimed invention is June 7, 1995, with a priority date of November 3, 1981. We'll use the earlier priority date as the relevant time for obviousness assessment.

A POSITA in the field of "Signal processing apparatus and methods" at that time (1981) would likely possess a strong understanding of electronics, computer science fundamentals, broadcast communication techniques (television and radio), and early forms of data transmission and processing. This would include knowledge of microprocessors, memory systems (ROM, RAM, EPROM), digital signal processing, networking concepts (even if rudimentary by today's standards), and basic encryption/decryption methods. They would also be familiar with the limitations of existing systems for interactive television, data broadcasting, and audience monitoring.

The analysis of obviousness involves considering:

1. The scope and content of the prior art.
2. The differences between the prior art and the claims at issue.
3. The level of ordinary skill in the pertinent art.
4. Secondary considerations of non-obviousness (though these are not presented here).

Combinations of Prior Art References and Motivation to Combine

Let's examine the prior art cited within US7817208 and consider how a POSITA in 1981 might have combined them to arrive at the claimed invention.

Independent Claim 1: System for processing broadcast programming at a subscriber station.

• Key elements of Claim 1: Receiving broadcast signals with embedded control signals; detecting/converting these signals; controlling various subscriber apparatus (computers, VCRs, etc.) based on these signals, including synchronization with broadcast content; generating user-specific information; recording monitoring information; and having a programmable controller for modification, decryption, and recording usage data.

• Prior Art References and their relevance:

  • Dataspeed Corporation (Lotus Development Corporation) and Equatorial Communications Company: These references describe systems for transmitting real-time financial data over radio frequencies or satellite to microcomputers equipped with "modios" (radio receivers, modems, and decryptors). Subscribers program their apparatus to select data of interest.

    • Relevance: Establishes the concept of point-to-multipoint data transmission, reception by microcomputers, and decryption. It also shows user selection of data.
    • Limitations noted in patent: "It only transmits data; it does not control data processing. No system is preprogrammed to simultaneously control a plurality of central processor units, operating systems, and pluralities of computer peripheral units. None has capacity to cause simultaneous generation of user specific information at a plurality of receiver stations. None has any capacity to cause subscriber station computers to process received data, let alone in ways that are not inputted by the subscribers."

  • U.S. Pat. No. 4,381,522 to Lambert: Describes a cable television system controlled by a minicomputer that responds to viewer signals (by telephone) to generate a schedule of prerecorded programs and transmit them.

    • Relevance: Shows computerized control of television programming, scheduling, and viewer interaction (though via telephone, not embedded signals).
    • Limitations noted in patent: "It has no capacity to schedule automatically or transmit any programming other than that loaded immediately at the play heads of the controlled video players. It has no capacity to load the video players or identify what programming is loaded on the players or verify that scheduled programs are played correctly. It has no capacity to cause the video players to record programming from any source. It has no capacity to receive programming transmissions or process received transmissions in any way. It has no capacity to operate under the control of instructions transmitted by broadcasters."

  • U.S. Pat. No. 4,337,480 to Bourassin et al.: Describes a dynamic interconnection system for connecting a television receiver to multiple peripheral units, allowing for "image-within-image" superposition of secondary images.

    • Relevance: Demonstrates the ability to connect and automatically switch between TV peripheral units and overlay images.

  • U.S. Pat. No. 4,264,925 to Freeman et al.: Describes a multi-channel programming transmission system where subscribers manually select among related programming alternatives.

    • Relevance: Shows multi-channel programming selection by subscribers.
    • Limitations noted in patent: "It has no capacity for interconnecting or operating a system at any time other than the time when the order to do so is entered manually at the system or remote keyboard. It has no capacity for acting on instructions transmitted by broadcasters to interconnect, actuate or tune systems peripheral to a television receiver or to actuate a television receiver or automatically change channels received by a receiver."

  • U.S. Pat. No. 4,025,851 to Haselwood, et al., U.S. Pat. No. 3,845,391 to Crosby, and U.S. Pat. No. 4,547,804 to Greenberg: These patents describe systems for monitoring programming and generating ratings, often using embedded digital or audio signals.

    • Relevance: Establishes the use of embedded signals for monitoring and identification within broadcast transmissions. Greenberg specifically mentions digital signals on a video line.
    • Limitations noted in patent (collectively): "It has capacity to monitor only single broadcast stations, channels or units and lacks capacity to monitor more than one channel at a time or to monitor the combining of media... It has assumed monitored signals of particular format in particular transmission locations and and has lacked capacity to vary formats or locations or to distinguish and act on the absence of signals or to interpret and process in any fashion signals that appear in monitored locations that are not monitored signals. It has lacked capacity to identify encrypted signals then decrypt them."

  • Video tape recorders (VCRs): Acknowledged as having capacity for automatic delayed recording based on manual input.

    • Relevance: Shows existing recording capability at the subscriber end.

  • "Interactive video" systems: Acknowledged for locating prerecorded TV programming and digital data on a disc and transmitting them to TVs and computers.

    • Relevance: Demonstrates combining video and digital data for different output devices.

  • "Addressable" systems: Acknowledged for controlling specific individual subscriber station apparatus via broadcast control instructions (e.g., turning on/off decoder/decryptor apparatus).

    • Relevance: Shows broadcast transmission of control instructions to individual subscriber units.

• Obviousness Argument for Claim 1:
  A POSITA in 1981, aiming to create a more integrated and automated interactive media experience, would have been motivated to combine the elements from the various prior art systems.

  1. Combining Embedded Signals with Processing and Control: The Dataspeed/Equatorial systems already demonstrated receiving data and decrypting it at a microcomputer, while Haselwood, Crosby, and Greenberg showed embedding signals for monitoring. "Addressable" systems further taught using broadcast signals to control subscriber equipment (like decoders). A POSITA would find it obvious to extend the concept of embedded signals from mere monitoring (Greenberg) or basic on/off control ("addressable" systems) to carrying more complex control instructions that could influence the processing of data at a subscriber's microcomputer (Dataspeed/Equatorial). The motivation would be to automate tasks that were previously manual or limited, making the system more "user-friendly" and efficient, as the patent itself notes as an advantage.

  2. Synchronized Generation and Display of User-Specific Information: The Dataspeed/Equatorial systems allowed users to select data of interest, but without broadcast control over processing or synchronized display. Bourassin et al. showed image overlay. Given the desire for more sophisticated interactive experiences, a POSITA would be motivated to combine the data processing capability of microcomputers (Dataspeed/Equatorial) with the overlay techniques (Bourassin et al.) and control signals (Greenberg, "addressable" systems) to enable the broadcast station to trigger the generation and synchronized display of user-specific graphics, such as a personalized stock portfolio (as in the patent's example), overlaid onto a relevant broadcast image. This would address the limitation of prior art that could not cause simultaneous generation of user-specific information at a plurality of receiver stations or cause subscriber computers to process data in ways not inputted by subscribers.

  3. Recording and Data Management: VCRs were known for delayed recording based on manual input. The monitoring systems (Haselwood, Crosby, Greenberg) collected usage data. A POSITA would find it obvious to integrate the control capabilities (from "addressable" systems and the proposed advanced embedded signals) with the recording capabilities of VCRs and the data collection aspects of monitoring systems. The motivation would be to automate the recording of programming based on broadcast instructions, and concurrently, to automatically record detailed monitoring information about program usage or system actions, then transmit this data back (perhaps via a modem, as used in Dataspeed/Equatorial for receiving, or a telephone dialer mentioned in the patent's signal processor description). This would overcome the limitations of prior art VCRs that required manual input and lacked the ability to embed/remove signals or retransmit decrypted programming based on embedded keys.

  4. Programmable Control: The concept of programmable controllers and microprocessors was well-established (e.g., in the microcomputers of Dataspeed/Equatorial, Lambert's minicomputer). The patent explicitly mentions a "PRAM controller" that permits revision of operating patterns and instructions and EPROM for reprogrammability. Given the varying requirements and the need for system updates, it would be obvious for a POSITA to incorporate programmable memory (EPROM, RAM) and a controller into any sophisticated signal processing unit to allow for remote updates and flexible operation, building on the basic programmable nature of computers already known in the prior art.

Independent Claim 54: Method for processing and distributing broadcast programming at an intermediate transmission station.

• Key elements of Claim 54: Receiving broadcast programming with embedded digital control signals; extracting/processing these signals to control equipment at the intermediate station (e.g., generate additional content, modify broadcast); retransmitting the programming, potentially with new/modified embedded signals; and gathering monitoring information.

• Prior Art References and their relevance:

  • Lambert (U.S. Pat. No. 4,381,522): Describes a minicomputer at a cable headend (intermediate station) controlling program scheduling and transmission based on viewer input.

    • Relevance: Clearly demonstrates computerized control at an intermediate transmission station.
    • Limitations noted in patent: Limited to scheduling and playing prerecorded programs, no capacity to operate under control of instructions from broadcasters or to insert signals for ultimate receiver stations.

  • Haselwood, Crosby, Greenberg (monitoring systems): Show embedding signals in programming for identification and monitoring.

    • Relevance: Teaches the technical means of embedding signals in broadcast streams.

  • "Addressable" systems: Demonstrate control instructions transmitted in broadcasts to control subscriber apparatus.

    • Relevance: Shows the concept of a central entity sending control instructions to many remote units.

  • Dataspeed/Equatorial (data transmission to microcomputers): Shows a point-to-multipoint transmission of data to many receivers.

    • Relevance: Confirms the widespread distribution of information from a central source to many end-points.

• Obviousness Argument for Claim 54:
  A POSITA in 1981, seeking to enhance the capabilities of intermediate broadcast stations (like cable headends or local affiliates) beyond simple retransmission or basic scheduling, would have been motivated to combine existing technologies to achieve greater control and interactivity.

  1. Centralized Control via Embedded Signals: Lambert already showed local computer control at a headend for scheduling. The monitoring patents (Haselwood, Crosby, Greenberg) showed how to embed signals. "Addressable" systems showed how a central broadcaster could send control instructions. A POSITA would find it obvious to combine these by having the originating broadcaster embed control signals (as in Haselwood/Crosby/Greenberg for monitoring, or "addressable" systems for basic control) that could be detected and processed at an intermediate station (like Lambert's minicomputer). The motivation would be to allow the originating content provider to exert more granular control over how their programming is handled and retransmitted by intermediate stations, overcoming Lambert's limitation of not operating under instructions from broadcasters.

  2. Processing and Modifying at the Intermediate Station: Given the concept of receiving and interpreting embedded control signals at an intermediate station, a POSITA would be motivated to enable that station's equipment to act upon those signals. This could involve, for instance, generating additional localized content (e.g., local advertisements or information, analogous to Lambert's local origination programming) or modifying the received broadcast (e.g., inserting specific instructions for subscriber stations). The motivation would be to create a more flexible and dynamic content delivery system, allowing for regional customization or the insertion of specific triggers for downstream subscriber devices. The ability of the ultimate receiver to combine studio and user-specific graphics, as described in the patent, inherently implies that intermediate stations could be involved in handling or even generating components of these combined media.

  3. Retransmission with Embedded/Modified Signals and Monitoring: Building on the previous points, once an intermediate station processes the original embedded signals and potentially generates new content, it would be obvious for a POSITA to re-embed or modify the control signals in the retransmitted programming. This would ensure that the control flow extends to the ultimate receiver stations. Furthermore, given the existing monitoring systems (Haselwood, Crosby, Greenberg), it would be obvious to integrate monitoring capabilities at the intermediate station to gather data on what programming is transmitted and how it's modified or supplemented, and potentially how it is intended for use at subscriber stations. This addresses the limitation of earlier monitoring systems that only monitored single channels or lacked capacity for combining media.

In summary, the advancements claimed in US7817208, while novel in their specific combination and detailed implementation, appear to a POSITA in 1981 as a logical progression and combination of existing broadcast, data transmission, computer processing, and monitoring technologies. The motivation would stem from the desire to create more interactive, personalized, and centrally controlled media experiences, and to overcome the known limitations of discrete prior art systems.