Obviousness

The obviousness of US Patent 8,566,868 under 35 U.S.C. § 103 can be analyzed by considering combinations of prior art references that would motivate a person having ordinary skill in the art (PHOSITA) to arrive at the claimed invention. The core of the invention, as defined by its independent claims, involves embedding control signals in broadcast programming, transmitting them, and having a signal processing apparatus at a receiver station process these signals to generate a control instruction specific to that station, which then causes a function to be performed.

Obviousness Analysis for Independent Claims 1, 13, 25, and 37

The independent claims cover both the method and apparatus for the receiver station (Claims 1 and 13) and the transmitting station, as well as the overall system (Claims 25 and 37). These claims share fundamental elements:

1. A broadcast transmission comprising programming and embedded control signals.
2. A signal processing apparatus at a receiver station that receives this transmission.
3. The apparatus processes embedded control signals to generate a control instruction specific for the receiver station.
4. In response to the instruction, a function is performed at the receiver station.

Combination of Prior Art References:

A compelling combination of prior art references that would render the invention obvious includes:

1. U.S. Patent to Haselwood, et al. U.S. Pat. No. 4,025,851 or U.S. Patent to Greenberg U.S. Pat. No. 4,547,804: These patents describe techniques for embedding digital signals within broadcast programming. Haselwood uses embedded digital signals for monitoring programming. Greenberg describes a system that requires a digital signal to be transmitted at a particular place on a select line of each frame of a television program for monitoring. The patent itself notes a limitation of Greenberg's system: "it is inefficient for such signals to serve only one function" (i.e., identifying programming). This implies a recognized motivation for a PHOSITA to utilize such embedded signals for additional functions beyond mere monitoring or identification.
2. "Addressable Systems" (general prior art disclosed in the patent): The patent explicitly acknowledges prior art "addressable" systems that "have capacity for controlling specific individual subscriber station apparatus by means of control instructions transmitted in broadcasts". These systems enable broadcasters to, for example, turn off or on subscriber decoder/decryptor apparatus for billing purposes. This reference teaches the core concept of broadcast control signals targeting and affecting specific individual receiver stations to perform a function.
3. Dataspeed Corporation / Equatorial Communications Company systems (general prior art disclosed in the patent): These systems transmit real-time financial data over radio frequencies or satellite to microcomputers equipped with devices combining radio receivers, modems, and decryptors ("modios"). Each subscriber programs their apparatus to select particular data of interest, and the apparatus converts the data content into unencrypted digital signals that computers can process. While the patent distinguishes its invention by stating these systems "do not control data processing" or cause "user specific information at a plurality of receiver stations" in ways "not inputted by the subscribers", they undeniably teach the presence of a microcomputer at a receiver station capable of receiving broadcasted digital information and processing it.

Motivation for Combining these References:

A person having ordinary skill in the art (PHOSITA) at the time of the invention's priority date (November 3, 1981) or filing date (June 2, 1995) would have been motivated to combine these prior art teachings for the following reasons:

• To enhance broadcast system functionality: The limitations described for "addressable systems" (e.g., restricted to basic on/off control for specific devices) and Dataspeed/Equatorial systems (e.g., primarily data transmission and subscriber-initiated data selection, not broader control of data processing) would motivate a PHOSITA to seek improvements. There would be a clear desire to move beyond simple activation/deactivation of services or passive data reception towards more dynamic, automated, and personalized interactions within a broadcast environment.
• Leveraging existing technologies for efficiency and new features:
  • Embedded signals: Haselwood and Greenberg demonstrate that digital information can be reliably embedded in a broadcast stream without disrupting the primary programming. A PHOSITA, recognizing the "inefficiency" of using such signals for only one function (as noted for Greenberg), would be motivated to use this efficient channel for transmitting more comprehensive control instructions.
  • Targeted control: The "addressable systems" clearly establish the technical feasibility and commercial utility of sending control instructions in a broadcast that are acted upon by specific individual subscriber stations. This addresses the "specific for the receiver station" element of the claims.
  • Local processing power: The Dataspeed/Equatorial systems illustrate that microcomputers or similar processing units can be present at receiver stations and are capable of receiving and processing digital data from broadcasts. This provides the necessary local intelligence to interpret complex control signals and perform various functions. The concept of a subscriber programming their apparatus to select "particular data of interest" further suggests that these local computers could perform customized operations based on received data in conjunction with local preferences or configurations, which is analogous to generating a "control instruction specific for the receiver station."

Therefore, a PHOSITA, seeking to create a more interactive and personalized broadcast experience, would find it obvious to combine the ability to embed control signals in a broadcast (Haselwood/Greenberg), with the established concept of addressing specific receiver stations via broadcast (addressable systems), and the growing availability of local computing power at receiver stations capable of processing broadcasted data (Dataspeed/Equatorial). This combination would enable the broadcast of embedded control signals that a specific receiver's computer could process to generate a customized instruction, leading to a tailored function or output (such as personalized graphics, automated recording, or device control) at that particular subscriber station. The "Wall Street Week" example described in the patent (where a local computer generates a graphic of the subscriber's own portfolio based on a broadcast instruction) exemplifies how these elements could be combined to achieve personalized content through local processing triggered by broadcast signals.