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`UNITED 511m DEP‘NTMEN’I‘ ITIF CONNIE-II
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`WONG" FRANK
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`DATEMAILED: WI"1002
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`POST OFFICE 30}: m4
`ALEXANDRIA. VA 22313-1404
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`Please find below aJIdJ’ur attached an Office communication concerning this application or proceeding.
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`PTO-90C (Rev. 01-01]
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`BROADCOM l O l 5
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`{W1
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` Applican'tis]
`Application No.
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`RAlTH ET AL. 091899371
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` Office Action Summary Examiner
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` Frank Duong
`-- The MAiLiNG DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`I fié
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`A SHORTENED STATUTORY PERIOD FOR REPLY l5 SET TO EXPIRE g MONTHtS) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`Etnensions ottime my be available under the provisions of 31' CFR1. 135m.
`after Six (6} MONTHS from Illa mailing date of this communication.
`If Ihe period for reply specified above in leap than thirty [30) days. a reply wilhin the statutory minimum ofilrlrly {30] dare will be considered timely.
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`Ii NO period for reply is specified above. Illa maximum statutory period will applyr and III-ill expire Silt (6} MONTHS from the mailing date of this communication.
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`- Failure to replywithln the eat or amended period for reply will. by aletule. cause the application lo become ABANDONED (35 U.S.c.§133}.
`- Any replyI received by the Office later Ihan three months after the melting date at this communication, even if timely filed. may reduce any
`earned patent term adluellnen'l. See 3? OFF! 1 .TMib}.
`Status
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`In no event. however may a reply be Iimelyifiled
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`1}!
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`Responsive to communicationis} filed on 21 November 2001 .
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`2mm This action is FINAL.
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`2b)t:| This action is non-final.
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`3)fl
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`Since this application is in condition for allowance except for formal matters. prosecution as to the merits is
`closed in accordance with the practice undorEx parts Quayle. 1935 CD. 11.453 0.6. 213.
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`Disposition of Claims
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`40% Ctalmls) gm islare pending in the application.
`43) 0f the above claim(s) 26-15 gag 52-66 isiare withdrawn from consideration.
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`5)I:l Ctaimfs) __ istarc allowed.
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`BE Ciaim(s} 15_-_51.15lare rejected.
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`7)i:] Claimts) _____ lslare objected to.
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`fill] Claimis) _ are subject to restriction andlor election requirement.
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`Application Papers
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`93D The specification is objected to bythe Examiner.
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`10H] The drawingts) filed on __ isiare‘. all] accepted or b]i:| objected to by the Examiner.
`Applicant may not request that any objection to the drawingis) be held in abayance. See 3'." CFR 1.35ia}.
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`lilfi The proposed drawing correction filed on 21 November 2001 is: elm approved blfl disapproved by the Examiner.
`it approved. corrected drawings are required in reply to this Office action.
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`12)D The oath or declaration is objected to by the Examiner.
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`Priority under 35 U.5.c. §§ 119 and 120
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`13):] Acknowledgment is made of a claim forforeign priority under 35 U.S.C. § 119(a)-(d} or (f).
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`a)l:] All b)E] Some ' c)i:|' None of:
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`1.I:i Codified copies of the priority documents have been received.
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`2E] Certified copies of the priority documents have been received in Application No. __
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`3.1:] Copies of the codified copies ofthe priority documents have been received in this National Stage
`application from the lnlemational Bureau (PCT Rule17.2(a)).
`' See the attached detailed Office action fora list of the certified copies not received.
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`14)D Acknowledgment ls made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
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`a) CI The translation of the foreign language pmvlslonal application has been received.
`15JD Acknowledgment is made ofa claim for domestic priority under 35 USS. §§ 120 andior 121.
`Attachmentis}
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`
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`r} [I Notice oi Reierencea Cited (PTO—592)
`2) D Notice of Draitsperson's Palenl Drawing Review (PTO-9481
`3) I] information Disclosure Statemenlis) {PTO-1449) Paper No(s}
`us. Palnnt and Trademark Gifts.
`PTO-325 (Rev. 04-01]:
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`Interview Summary {PTO-413} Paper Net's). ___.__ .
`4) El
`5) E] Notice oi Informal Patent Application (PTO-152]
`51D other:
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`.
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`Office Action Summary
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`Part of Paper No. 11
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`
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`ApplicationiControl Number: 09599771
`Art Unit: 2664
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`Page 2
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`DETAILED ACTION
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`1. This Office Action is a response to the communication dated 11i‘2‘ii‘2001. Elected
`ciaims 45-51 and non-elected claims 26-36 and 52-66 are pending in the application.
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`Non~eleoted claims 26-36 and 52-66 are withdrawn from further consideration.
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`2. This application contains claims 26-36 ans:1 52-65 are drawn to an invention
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`nonelected with traverse in Paper No. 6. A complete repty to the finai rejection must
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`include cancelation of nonelecteci claims or other appropriate action (-37 CF R 1.144)
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`See MPEP § 821.01.
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`3. Claim 45 is objected to because of the following informaiities:
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`Claim Objections
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`Line 3, "at test" should read —-at leastn.
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`Appropriate correction is required.
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`Drawings
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`4. The corrected or substitute drawings were received on 11i2‘li‘2001. These drawings
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`are approved
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless -
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`
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`ApplicationiControl Number: 09i399,7?1
`Art Unit: 2664
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`Page 3
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`(e) the invention was described in a patent granted on an application for patent by another filed in the
`United States before the Invention thereof by the applicant for patent, or men Internationat application
`by another who has fulfilled the requirements of paragraphs (1}, (2}, and (4) of section 371(c) of this
`title before the invention thereof by the applicant tor patent.
`..
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`5. Claims 45-51 are rejected under 35 U.S.C. 102(e) as being anticipated by Raith
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`{USP 5,757.813).
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`Regarding claim 45, while the specification discloses providing out of band
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`information regarding the type of service which the associated payload is currently
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`supporting, the channel coding andior interleaving associated therewith, the claim calls
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`for a communication station comprising: a processor for arranging information for
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`transmission including providing at least one first field in which payload information is
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`disposed and providing at least one second field, separate from said first fieldr which '
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`includes a service type identifier which identifies a type of payload information provided
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`in said at least one first field; and a transmitter for transmitting information received from
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`said processor including said at least one first field and said at least one second field.
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`Raith, in according to FIGS. 4, 8 and the disclosure at col. 12, lines 6-30
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`discloses just that as clearly corresponding below:
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`The claim calls a communication station (corresponding to FIG. 4, 110 or 120)
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`comprising a processor (130 or 180) for arranging information (FIG‘ 3) for transmission
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`including providing at ieast one first field (DATA) in which payload information is
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`disposed and providing at least one second field (PCF or CSFPrPCF). separate from
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`said first field, which includes a service type identifier which identifies a type of payload
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`information providedin said at least one first field (col. ‘12, lines 16-30}; and a
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`transmitter (150 or 170) for transmitting information received from said processor
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`
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`Applicationi‘Control Number: 091399.771
`Art Unit: 2664
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`Page 4
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`including said at least one first field and said at least one second field, Thus. the Raith
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`reference reads on the claimed limitations in a manner set forth as claimed.
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`Regarding claim 46, in according to the recitation at col. 12, lines 316?, Raith
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`also discloses that the system can assign the mobile station a new modulation symbol
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`alphabet by sending the indicator (corresponding to "service type identifier”) to the
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`mobiie station which indicates the modulation symbol alphabet to be used in order to
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`increase change the type of modulations. Thus, the recitation thereat reads on the
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`claimed limitations set forth as claimed.
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`Regarding claims 477-48. because Raith's system (FIG. 4) supports various
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`wireless communication systems to include lS-t36 that supports multimedia. Therefore,
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`it is inherent that the changing of coding type and modulation type disclosed at col. 12,
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`lines 6-30 by Raith reads on the claimed limitations of “wherein said first type of
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`information is one of video. voice and data and said second type of information is
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`different one of video, voice and data".
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`Regarding claims 49—50, see FIG. 4. elements 110 and 12D.
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`Regarding claim 51, in according to FIG. 5 and col. ‘l‘l, lines 21 -53‘ Raith shows
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`on possible mapping sequence performed by the processor (130 or 140). Thus. Raith
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`discloses the claimed limitation set forth as claimed.
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`'
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`ApplicationtControl Number: 09/399,771
`Art Unit: 2664
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`. Page 5
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`Response to Arguments
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`6. Applicants' arguments filed 11i21i2001 have been fully considered but they are not
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`persuasive. Applicant's arguments witl be addressed hereinbeiow in the order in which
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`they appear in the reSponse dated 11i21i2001.
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`In the Remarks of the outstanding response, on page 4, fourth paragraph and
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`thereinafier, Applicants state that "Raith discioses a method in which the reserved fieid
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`or the CSFP/PCF fieio‘ can be provided with an indication bit for indicating the type of
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`channei coding being used in the data fieid” and argue that “However, Raith does not 5
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`disciose a service type identifier which identifies a type of payioad information.
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`Accordingly, Raith cannot disciose a processor providing at ieasi one second field,
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`separate from said first fieid, which inciudes a service type identifier which identifies a
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`type or payioad information provided in said at ieest one first fieid as recited in
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`Appiicenfs’ ctaim 45".
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`In response Examinerrespectfully disagrees and asserts that the interpretation of
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`Reith reference, as clearly pointed out in the Office Action‘ against the claimed invention
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`is proper because the original specification. on page 15, last paragraph. clearly defined
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`that “the F 06' tieids may aiso serve the purpose of service type identified and "the FCC
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`can provide information regarding". among other things “the channei coding". Thus,
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`CSFPIPCF field in Raith reference clearly reads on the claimed limitation of "a service
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`type identifier which identifies a type of payload information” in a manner set forth as
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`claimed Unless the Applicants amend the claim to better distinguish the claimed
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`
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`ApplicationtControl Number: 09i399,771
`Art Unit: 2664
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`Page 6
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`invention over the Raith reference, the rejection from the last Office Action is
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`maintained.
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`Examiner believes an earnest attempt has been made in addressing all of the
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`applicants‘ arguments.
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`Conclusion
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`7. THIS ACTION IS MADE FiNAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
`MONTHS from the mailing date of this action In the event a first reply is filed within
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`TWO MONTHS of. the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CF R 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however. will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`8. Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Frank Duong whose'telephone number is (703) 308-
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`5428. The examiner can normally be reached on 7:00AM-3:30PM.
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`It attempts to reach the examiner by telephone are unsuccessful, the examiner‘s
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`supervisor, Wellington Chin can be reached on (703] 305-4366. The fax phone
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`numbers for the organization where this application or proceeding is assigned are (703)
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`
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`ApplicationIControl Number: 09899771
`Art Unit: 2664
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`Page 7
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`872—9314 for regular communications and {7’03} B?2-9314 for After Final
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`communications
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`Any inquiry of a general nature or relating to the status of this application or
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`proceeding should be directed to the receptionist whose telephone number is {703) 305-
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`4700.
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`Frank Duong
`February 6, 2002
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`
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`Y PATENT EXAMINER
`SUPEFMS
`TECHNOLOGY CENTER 2600
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`