Patents

Decision Information

Decision Content

   Commissioner's Decision

 

Sufficiency of Disclosure, Obviousness

 

The description of the elements and their combination to transmit graphic

instructions from one station to another simultaneously without the need

for a computer central to all stations was considered acceptable in view

of applicant's arguments. None of the cited art showed applicant's

interlinking satellite terminal system, which he noted was being used

by others in the art under licence. Rejection withdrawn.

 

This decision deals with the applicant's request for review by the

Commissioner of Patents of the Final Action on application 297,338 (class

375-53) filed February 20, 1978. It is assigned to Her Majesty in right of

Canada as represented by the Department of Communications, and is entitled

INTERACTIVE VISUAL COMMUNICATIONS SYSTEM. The inventors are Herbert G.

Bown and C. Douglas O'Brien. The Examiner in charge issued a Final Action

on November 30, 1982 refusing to allow the application. A Hearing was held

on April 1, 1987, at which the inventors were present, and were represented

by their Patent Agent Mr, E. Rymek.

 

The application relates to a visual communications system interlinking two

or more similar terminals, as shown in figure 2 reproduced below. The

system produces a common picture at all terminals by transmitting only

picture change instructions to all terminals simultaneously. At a

terminal, say 10, instructions are generated at the input device 14 for

changes to display 13, and pass through a graphic task instructions forming

component 17 and interaction handler 16 to processor 18, and via modem 11

and a narrow bandwidth channel connection (e.g. telephone) to the

comparable components in each other terminal. In this way, each operator

sees instantly any revision made at any terminal.

 

                       (See formula 1)

 In the Final Action, the following patents were cited:

 

 Canada

 

 958,490                Nov. 26, 1974           Arnold et al

 

United States

 

 3,534,338              Oct. 13, 1970           Christensen et al

 3,539,999              Nov. 10, 1970           Houldin et al

 3,633,169              Jan.  4, 1972           Bickford

 3,833,889              Sept. 3, 1974           Cray

 3,350,689              Oct. 31, 1967           Underhill et al

 3,794,983              Feb. 26, 1974           Sahin

 

 The Examiner outlines the relevancy of the above patents to Applicant's

 device, in part, as follows:

 

 ...

 

 Arnold et al discloses a multi-terminal interconnected computer

 system wherein each processor is able to interact with any

 other processor or peripheral equipment or memory location.

 Terminals are connected via telephone lines.

 

 ...

 

 CHRISTENSEN et al shows it is old to have a network of a

 multitude of graphics display terminals, each one of those

 terminals being endowed with its own computer (central

 processor, display processor, local input devices etc.). In

 addition, each terminal has access also to a central computer.

 

 CHRISTENSEN et al, too, concerns itself with bandwidth

 reduction (see column 3 lines 64-59; column 4 lines 13-20), by

 allocating some computing capacity at the individual stations

 while retaining some computing capacity at the central station.

 

 CHRISTENSEN et al also discloses the compressing of data by

 coding, so as to have a small amount of coded data represent a

 larger amount of uncoded data (columns 7-11; column 17 lines

 1-60 etc.) similar to applicant's "GTI"-s.

 

 ...

 

 HOULDIN et al shows that the idea of transmitting graphics data

 from a single source to a multitude of display terminals is

 old.

 

 HOULDIN et al also discloses coding i.e. compression of data,

 so as to have a small amount of coded data represent a larger

 amount of uncoded data, similar to applicant's "GTI"-s column

 1 lines 56-64 etc.)

 

  ...

 

 BICKFORD shows the mere idea of maintaining the same display at

 several data terminals is old. BICKFORD's displays are also

 interactive: Any one of the terminals is also able to modify

 the display at all other terminals.

 

 BICKFORD differs from the applicant in that BICKFORD uses a

 central computer, and the applicant does not.

 

   ...

 CRAY discloses interaction or exchange of data between a

 multitude of processors (see column 1 line 17, line 67 etc.).

 Elaborate data structure and apparatus structure to carry out

 this interchange is disclosed.

 ...

 

 UNDERHILL et al shows it is old to connect several processors

 together interactively, without a central computer.

 

 UNDERHILL et al shows that intricate complex apparatus is

 required to interconnect several processors together.

 ...

 

 SAHIN discloses interactive networks of thousands of processors

 without a central computer. Elaborate circuits are disclosed

 to make this interaction possible.

 

 The Applicant responded to the objection made in view of the cited art, by

 discussing the references, in part, as follows:

 

 ...

 

 CHRISTENSEN et al does not teach a system where an operator

 interacting with one terminal also interacts with all of the

 other terminals... a system in which the satellite terminals

 are linked to one another by telephone lines or other

 communication links... a system in which all data is

 transmitted from one satellite terminal to all other satellite

 terminals... a system in which the satellite terminals are

 allocated all of the computing capacity. The Christensen et al

 patent does not and can not teach the above since its only

 direction is to provide a central computer which is time-shared

 between a number of satellite terminals.

 

 ...

 

 BICKFORD teaches a communications system in which a large

 number of stations are connected "in a series connected

 transmission loop"...such as airline reservation terminals -

 which when they come on-line, interact with a central computer

 10 through the communication loop to receive data from the

 central computer (flight information) and to transmit data to

 the central computer (reservation requests). These remote

 terminals do not interact with one another to maintain a common

 image.

 

 ...

 

 HOULDIN et al, describes a multiple alpha-numeric and graphic

 display system in which the N displays are connected to a

 single data source (to provide) data for each individual

 display through temporary registers. A single character or end

 point generator is used to convert this data to control the

 individual displays. The displays do not interact with one

 another, they do not have a common image and they are all

 controlled from a central computer.

 

None of (the remaining) references teach a system in which all

 terminals maintain identical displays at all times by

 simultaneously receiving and processing in an identical manner

the instructions generated by an operator interaction at one of

 the terminals. Simultaneity is the key to the present

 invention, not an elaborate structure to determine which

 terminal goes into which state.

 

 ...

 

ARNOLD et al is similar to a telephone exchange which routes

different messages to different peripheral terminals. (It)

includes a description of a complicated apparatus structure and

timing diagrams required to communicate between terminals.

Methods of communicating over a narrow band telephone line are

well known through the use of apparatus known as modems. In

the present invention, a new type of modem is not being

claimed, but such standard devices are being used to link the

terminals.

 

...

 

CRAY presents complicated structure to process computer

programs in parallel on different processors and is a central

computer only. It in no way describes or infers an interactive

visual communications system.

...

 

SAHIN is not an array of processors but of memory modules and

bears no relation to the claimed interactive visual

communication system.

 

...

 

UNDERHILL et al does not teach a system in which an operator

instruction at one terminal will result in identical

interactions with all of the terminals.

...

 

Concerning insufficiency of disclosure, the Applicant refers to the

response of January 26, 1982 and the publications accompanying it. He

argues that they include the information, terminology, and apparatus

available at the time of the invention, and that the application provides

sufficient description to enable the making of the invention. Applicant

discusses one of the articles submitted, "The Art of Natural Graphic

Man-Made Communication", with respect to graphic task instructions, GTI,

and their formation. The Applicant identifies parts of pages 12 and 13 of

the application as relating the interaction handler arrangement. Also

explained are the number of coders/decoders needed when the interaction

handler is used with the terminals of the drawings. He says that when an

operator's input is converted in component 17, the handler 16 directs the

GTI to the processor in that terminal and simultaneously to all processors

in all terminals. The Applicant refers to a description of this action,

page 7 line 27 to page 9 line 13. Reference is made to conventional coding

elements using Standard coding techniques, such as procedures found in the

publication ANSI XZ3.28 - 1976 submitted January 26, 1982. Other of the

submitted publications are identified to illustrate that the components

outlined by the application find exemplification in practice. Applicant

argues that in view of the disclosure and the availability of the

information prior to the inventors' particular combination of components,

there is provided sufficient information to enable a person skilled in the

art to make, construct or use the invention. Applicant considers the novel

arrangement of knows elements provides an inexpensive communications system

which provides to individuals at different locations a common picture that

may be altered by any one of them and viewed by all simultaneously.

 

The issue before the Board is whether or not the application presents

sufficient disclosure under Section 36(1) of the Patent Act, and whether or

not the subject matter of the application is obvious in view of the cited

art. Claim 1 reads:

 

An interactive visual communications system for maintaining

identical visual pictures at a number of terminals linked by

narrow bandwidth transmission lines, each of said terminals

comprising:

 

- visual display means;

 

- input means for providing input instructions at

said terminal;

 

- means coupled to the input means for converting

said instructions to graphic task instructions;

 

- interaction handler means coupled to the

converting means for receiving and for transmitting

the graphic task insructions over the narrow

bandwidth transmission lines to one or more further

terminals, and for receiving graphic task

instructions generated at the one or more further

terminals over the narrow bandwidth transmission

lines; and

 

- processor means coupled to the interaction

handler means for receiving the converter graphic

task instructions, for processing the graphic task

instructions and coupled to the display means for

controlling the display means to modify and

maintain the picture on the display means in

accordance with said graphic task instructions.

 

We are impressed by the explanation provided by Mr. Rymek and the inventors

at the Hearing. Mr. Rymek draws attention to the early use of the

invention by the inventors, notably in the development stages of

interstation telecommunication, such as in the Telidon system. He

emphasizes the concept of the invention, as being to transmit the least

amount of data and yet present all the relevant information that is

necessary to control the simultaneous display at each terminal. He argues

that the cited references are not directed to a common display at all

terminals. He classifies the references into two categories, (1) those

describing systems having a central computer to control satellite

terminals, for example, the Christensen, Bickford, and Houldin et al

patents, (2) the remainder describing systems having multiple process

computers linked together to perform complex data processing operations.

He explains that none of the cited references teach, suggest, or infer

Applicant's system. In noting that Applicant's system is being exploited

under licence, he argues forcefully that such licencing would not take

place in the industry if the technology is obvious to those persons working

with it who are skilled in the art.

 

Mr. Rymek believes Applicant's disclosure contains the elements essential

to an understanding of the invention by persons skilled in the art. He

contends that persons with expertise in the art would be capable of

assembling the system without excessive experimentation. Mr. O'Brien

indicates that other telecommunication devices might be used to carry out

the function represented by the modem set out in the disclosure, and refers

to the general use of modems, for example in telecommunication systems such

as used by Northern Telecom.

 

Mr. Bown describes the function carried out by the interaction handler

as being to monitor the general base system of the terminal. Its purpose,

he notes, is to act as an interface between each terminal and the

communications network. This makes use of the GTI, and from the

information they provide, the form of what has occurred at an initiating

terminal is obtained. A main purpose of the interaction handler, he

explains, is to be aware of what communication exists on one side, and what

is happening on the other side concerning user input, and to help

communicate that information through all the terminals of the system, and

he refers to figure 5, which is reproduced below.

 

                        (See formula 1)

 

In figure 5, Mr. Bown says the purpose is to take the input action at the

top part of the diagram and communicate certain status information to the

program in the lower part of the figure. He adds that the information then

flows through the modem to the system. In effect, he says the interaction

handler is a central part of the system where all communications flow in

and out. It is, in his view, a combination of hardware and software

components. Ae believes that the disclosure adequately sets out sufficient

components to enable the disclosed combination of elements to be used by a

person skilled in the art to obtain satisfactory operation.                         

 

Mr. O'Brien reinforces Mr. Bown' views by pointing out that the

interaction handler essentially keeps the encoding numbering straight

during receipt and issuance of any interaction to ensure the same thing is

done at the same time.

 

Mr. Bown emphasizes that the GTI do not require a full video band width

communication system to work, thus reducing costs. He notes that by using

the instructions contained in the GTI, graphical information may be

exchanged between a number of stations without using large band width

systems.

 

Mr. Bown explains that in the art pertaining to an air lines ticketing

system, the information is made available to the terminal on the basis of

it being called to be viewed there, and not elsewhere. Such a system he

notes is asynchronous in that it does not permit the change of information

that is made at one terminal to be seen at another terminal. He stresses

the synchronous nature of the present system that presents not only the

same image at all terminals, but also permits any change made at any screen

to be updated and displayed simultaneously there and at all others. Mr.

Bown relates his observations about the two systems on the basis that he

has worked on the design of each, and in his view the two are totally

different. He says the system of the application will produce changes on

each screen at the same time, something that is not possible in an air

lines ticketing system.

 

Mr. Rymek feels that Applicant's disclosure distinguishes sufficiently

between what is essential and what may be extra. He believes all the

necessary information has been provided to enable a person skilled in the

art to practice the invention with no extensive experimentation. He

comments the disclosure need not provide all the information of what would

be interesting, or could or would be used with Applicant's system.

 

We have studied the Examiner's characterization of some of the

Applicant's disclosed apparatus as being blank boxes, and his concern that

the application is not complete with respect to their parts. Against that,

we have weighed the Applicant's written arguments and the oral explanation

by the inventors that their arrangement of elements represents an

understandable grouping of components. The inventors' statements, in our

opinion, crystallize their disclosed structures as forming an acceptable

combination of elements that permits the use of a narrow-band wavelength

channel to transmit graphic instructions from one station to another

simultaneously without need for a computer central to them all. We are

persuaded by the inventors' explanation that the various structures and

their make up and functions as set forth by the description and drawings in

the application are not in the category of a blank box. We are satisfied,

therefore, that the disclosure contains a description of the invention

which is sufficient, in view of Section 36(1) of the Patent Act, to permit

persons skilled in the art to practice the invention.

 

We now turn to the cited art, and consider those cited patents Mr. Rymek

places in his first category. The Christensen et al patent presents an

interactive system in which a central computer is time-shared between a

number of stations. We find no description of any interaction between the

stations. The Bickford patent discloses a type of system used by airlines

for making information in a central computer available to a number of

stations in a communication loop. No provision is described to permit

the stations to interact with one another whereby a common display occurs.

The Houldin et al patent relates to a multiple graphic and alphanumeric

display system. Individual displays are controlled and provide different

images. We find no means to obtain an interaction of the displays with one

another.

 

We now look at the information provided by the patents in the second

category as grouped by Mr. Rymek. The Arnold patent relates to a telephone

exchange that transmits information to different terminals. The Cray

patent describes a system using a central computer and provides no

interactive visual communication system. The Sahin intercommunication

system causes an exchange of information between a plurality of memory

nodules but provides no means for interactive visual communication. The

 

Underhill et al patent pertains to a transfer system for interconnecting a

plurality of computers and synchonizing the memories of the computers. We

find no description related to producing an interactive visual

communication system. We are satisfied that none of the references,

whether considered singly or together, pertain to Applicant's system of

interlinking satellite terminals to produce a common display simultaneously

responsive to change instructions from any of the terminals.

 

We recommend therefore that the rejection of the application for containing

insufficient description and for being directed to subject matter that is

obvious in view of cited art, be withdrawn.

 

During a discussion of the claims at the Hearing, the relevance of the

terms "maintaining" in the preamble and "maintain" in the second last line

of claim 1, raised some questions. Subsequent to the Hearing, Mr. Rymek

submitted proposed amendments to the claims on April 10, 1987. In the

preamble of claim 1, he suggests "maintaining" be replaced by "continously

producing", and that in the definition of the processor means in claim 1,

the "converter" be replaced by "converting means", and that an additional

limitation be added thereafter by changing the term to read "and the

graphic task instructions received from the one or more further terminals."

In our view, the amendments clarify the operation,and the above changes to

claim 1, and the other changes to claims 2, 3 and 4 are acceptable in view

of the system's operation.

 

We further recommend that the amendments to claims 1 to 4 be accepted.

 

M.G. Brown                             S.D. Kot

Acting Chairman                        Member

Patent Appeal Board

 

I concur with the findings and the recommendations of the Patent Appeal

Board. Accordingly, I withdraw the final action and I remand the

application for prosecution consistent with the recommendations.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Date at Hull, Quebec

This 10thday of June 1987

 

Edward Rymek

Canadian Patents & Development Ltd.

275 Slater Street

Ottawa, Ontario

K1A 0R3

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