Ex parte YASUHIRO HASHIMOTO et al. - Page 5




          Appeal No. 96-3238                                                          
          Application No. 08/137,590                                                  



          viewing habits.  A remote monitoring unit 19 (Fig. 1) associated            
          with program selector unit 1 for a television receiver                      
          accumulates data representing television usage and attempts to              
          transmit this data to central office computer 14 over a telephone           
          line 13 during a time interval determined by software stored in             
          the remote monitoring unit (col. 3, lines 16-22).  If the line is           
          busy, the remote monitoring unit attempts to redial a random                
          interval later (col. 3, lines 63-65).  No means is disclosed for            
          identifying a failed terminal.                                              
               Takayama discloses three embodiments of data transmission              
          control circuits which avoid the effects of distortion and noise.           
          The examiner's description of this reference as teaching                    
          "terminating a transmission channel upon detecting the absence of           
          a signal" (final Office action at 3) appears to be a reference to           
          the third embodiment (Figs. 4-6), which activates data processing           
          circuit 43 only if a first synchronizing signal is followed                 
          within a predetermined time interval by another synchronizing               
          signal (col. 6, lines 16-40).  Regarding motivation, the examiner           
          contends that "the use of time-out counters are [sic] well-known"           
          and "one would have a desire to terminate a connection as soon as           
          a device fails to respond within a given time period" (final                
          Office action at 3).                                                        
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