Reexamination Control No. 90/005,742
Patent 5,253,341
1 Cohen fails to disclose having the user terminal begin to display the movie before downloading
2 is complete, as required to satisfy step (e) ("said displaying step commences before said step of
3 receiving said compressed or non-compressed response has been completed"). As evidence of
4 obviousness of modifying Cohen so as to operate in the claimed manner, the examiner cites
5 Sugiyama and also refers to Punj, which is not mentioned in the statement of the rejection:
6 Sugiyama et al. disclosed a system for compressing upon transmission to
7 allow for realtime display of the transmitted video. It would have been
8 obvious . . . to combine the teachings of Cohen and Sugiyama et al.[, a]s
9 the more efficient coding would reduce the cost of as taught by Sugiyama
10 et al. in col. 2, lines 6-22[.] [F]urther motivation for the combination is
11 suggested by Punj page 112, col. 1, with the desirability of video on
12 demand.
13
14 3d Action at 92, para. 26; Final Action at 247, para. 26. While is it fair to characterize Sugiyama
15 as disclosing compression of video upon transmission and real-time display of the transmitted
16 video (e.g., visual telephone data), we are not persuaded that it would have been obvious to
17 modify Cohen in view of Sugiyama so as to provide real-time display of downloaded video
18 information. The reason is that Cohen has no interest in obtaining real-time display of
19 downloaded video information. To the contrary, the stated purpose of his invention is to avoid
20 the drawbacks associated with real-time display of such information by downloading it in
21 nonreal-time format for storage and later viewing at a convenient time. Cohen, col. 1, ll. 39-42.
22 Furthermore, there is no indication in Sugiyama that its encoding technique is capable of
23 providing real-time display of movies, the type of video information being downloaded in
24 Cohen.
25
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