3 UNITED STATES PATENT AND MSW 0mm:
`
`\ .
`
`I
`
`.
`
`_
`
`'
`
`UNITED 511m DEP‘NTMEN’I‘ ITIF CONNIE-II
`
`”Mud 8:“qu I'uun! «ml 'l'lmdumnd Ul‘fluuA." rim WHY-88mm or PATENTS “D TIMWMKB
`Wuhl'mlan. 9.0.
`lll'd'ell
`uuwmpmgw
`
`ammav bucxar ND.
`040010-490
`
`commune}: N0.
`2534
`
`WONG" FRANK
`AIT UNIT
`.
`l'A l'Elt NUMHER
`2m
`DATEMAILED: WI"1002
`
`//
`
`_m mar NAMED manna
`99:399.?“
`nmmow
`'
`ALEX KRISTER mum
`7590
`31839
`WI 1mm
`Buwsvowswmwmmsm
`POST OFFICE 30}: m4
`ALEXANDRIA. VA 22313-1404
`
`Please find below aJIdJ’ur attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 01-01]
`
`
`BROADCOM l O l 5
`
`{W1
`
`

`

` Applican'tis]
`Application No.
`
`RAlTH ET AL. 091899371
`
` Office Action Summary Examiner
`
` Frank Duong
`-- The MAiLiNG DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`
`
`I fié
`
`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.
`-
`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.
`-
`- 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
`
`In no event. however may a reply be Iimelyifiled
`
`1}!
`
`Responsive to communicationis} filed on 21 November 2001 .
`
`2mm This action is FINAL.
`
`2b)t:| This action is non-final.
`
`3)fl
`
`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.
`
`Disposition of Claims
`
`40% Ctalmls) gm islare pending in the application.
`43) 0f the above claim(s) 26-15 gag 52-66 isiare withdrawn from consideration.
`
`5)I:l Ctaimfs) __ istarc allowed.
`
`BE Ciaim(s} 15_-_51.15lare rejected.
`
`7)i:] Claimts) _____ lslare objected to.
`
`fill] Claimis) _ are subject to restriction andlor election requirement.
`
`Application Papers
`
`93D The specification is objected to bythe Examiner.
`
`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}.
`
`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.
`
`12)D The oath or declaration is objected to by the Examiner.
`
`Priority under 35 U.5.c. §§ 119 and 120
`
`13):] Acknowledgment is made of a claim forforeign priority under 35 U.S.C. § 119(a)-(d} or (f).
`
`a)l:] All b)E] Some ' c)i:|' None of:
`
`1.I:i Codified copies of the priority documents have been received.
`
`2E] Certified copies of the priority documents have been received in Application No. __
`
`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.
`
`14)D Acknowledgment ls made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`
`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}
`
`
`
`
`
`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]:
`
`Interview Summary {PTO-413} Paper Net's). ___.__ .
`4) El
`5) E] Notice oi Informal Patent Application (PTO-152]
`51D other:
`
`.
`
`Office Action Summary
`
`Part of Paper No. 11
`
`

`

`ApplicationiControl Number: 09599771
`Art Unit: 2664
`
`Page 2
`
`DETAILED ACTION
`
`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.
`
`Non~eleoted claims 26-36 and 52-66 are withdrawn from further consideration.
`
`2. This application contains claims 26-36 ans:1 52-65 are drawn to an invention
`
`nonelected with traverse in Paper No. 6. A complete repty to the finai rejection must
`
`include cancelation of nonelecteci claims or other appropriate action (-37 CF R 1.144)
`
`See MPEP § 821.01.
`
`3. Claim 45 is objected to because of the following informaiities:
`
`Claim Objections
`
`Line 3, "at test" should read —-at leastn.
`
`Appropriate correction is required.
`
`Drawings
`
`4. The corrected or substitute drawings were received on 11i2‘li‘2001. These drawings
`
`are approved
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless -
`
`

`

`ApplicationiControl Number: 09i399,7?1
`Art Unit: 2664
`
`Page 3
`
`(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.
`..
`
`5. Claims 45-51 are rejected under 35 U.S.C. 102(e) as being anticipated by Raith
`
`{USP 5,757.813).
`
`Regarding claim 45, while the specification discloses providing out of band
`
`information regarding the type of service which the associated payload is currently
`
`supporting, the channel coding andior interleaving associated therewith, the claim calls
`
`for a communication station comprising: a processor for arranging information for
`
`transmission including providing at least one first field in which payload information is
`
`disposed and providing at least one second field, separate from said first fieldr which '
`
`includes a service type identifier which identifies a type of payload information provided
`
`in said at least one first field; and a transmitter for transmitting information received from
`
`said processor including said at least one first field and said at least one second field.
`
`Raith, in according to FIGS. 4, 8 and the disclosure at col. 12, lines 6-30
`
`discloses just that as clearly corresponding below:
`
`The claim calls a communication station (corresponding to FIG. 4, 110 or 120)
`
`comprising a processor (130 or 180) for arranging information (FIG‘ 3) for transmission
`
`including providing at ieast one first field (DATA) in which payload information is
`
`disposed and providing at least one second field (PCF or CSFPrPCF). separate from
`
`said first field, which includes a service type identifier which identifies a type of payload
`
`information providedin said at least one first field (col. ‘12, lines 16-30}; and a
`
`transmitter (150 or 170) for transmitting information received from said processor
`
`

`

`Applicationi‘Control Number: 091399.771
`Art Unit: 2664
`
`Page 4
`
`including said at least one first field and said at least one second field, Thus. the Raith
`
`reference reads on the claimed limitations in a manner set forth as claimed.
`
`Regarding claim 46, in according to the recitation at col. 12, lines 316?, Raith
`
`also discloses that the system can assign the mobile station a new modulation symbol
`
`alphabet by sending the indicator (corresponding to "service type identifier”) to the
`
`mobiie station which indicates the modulation symbol alphabet to be used in order to
`
`increase change the type of modulations. Thus, the recitation thereat reads on the
`
`claimed limitations set forth as claimed.
`
`Regarding claims 477-48. because Raith's system (FIG. 4) supports various
`
`wireless communication systems to include lS-t36 that supports multimedia. Therefore,
`
`it is inherent that the changing of coding type and modulation type disclosed at col. 12,
`
`lines 6-30 by Raith reads on the claimed limitations of “wherein said first type of
`
`information is one of video. voice and data and said second type of information is
`
`different one of video, voice and data".
`
`Regarding claims 49—50, see FIG. 4. elements 110 and 12D.
`
`Regarding claim 51, in according to FIG. 5 and col. ‘l‘l, lines 21 -53‘ Raith shows
`
`on possible mapping sequence performed by the processor (130 or 140). Thus. Raith
`
`discloses the claimed limitation set forth as claimed.
`
`'
`
`

`

`ApplicationtControl Number: 09/399,771
`Art Unit: 2664
`
`. Page 5
`
`Response to Arguments
`
`6. Applicants' arguments filed 11i21i2001 have been fully considered but they are not
`
`persuasive. Applicant's arguments witl be addressed hereinbeiow in the order in which
`
`they appear in the reSponse dated 11i21i2001.
`
`In the Remarks of the outstanding response, on page 4, fourth paragraph and
`
`thereinafier, Applicants state that "Raith discioses a method in which the reserved fieid
`
`or the CSFP/PCF fieio‘ can be provided with an indication bit for indicating the type of
`
`channei coding being used in the data fieid” and argue that “However, Raith does not 5
`
`disciose a service type identifier which identifies a type of payioad information.
`
`Accordingly, Raith cannot disciose a processor providing at ieasi one second field,
`
`separate from said first fieid, which inciudes a service type identifier which identifies a
`
`type or payioad information provided in said at ieest one first fieid as recited in
`
`Appiicenfs’ ctaim 45".
`
`In response Examinerrespectfully disagrees and asserts that the interpretation of
`
`Reith reference, as clearly pointed out in the Office Action‘ against the claimed invention
`
`is proper because the original specification. on page 15, last paragraph. clearly defined
`
`that “the F 06' tieids may aiso serve the purpose of service type identified and "the FCC
`
`can provide information regarding". among other things “the channei coding". Thus,
`
`CSFPIPCF field in Raith reference clearly reads on the claimed limitation of "a service
`
`type identifier which identifies a type of payload information” in a manner set forth as
`
`claimed Unless the Applicants amend the claim to better distinguish the claimed
`
`

`

`ApplicationtControl Number: 09i399,771
`Art Unit: 2664
`
`Page 6
`
`invention over the Raith reference, the rejection from the last Office Action is
`
`maintained.
`
`Examiner believes an earnest attempt has been made in addressing all of the
`
`applicants‘ arguments.
`
`Conclusion
`
`7. THIS ACTION IS MADE FiNAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`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
`
`TWO MONTHS of. the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CF R 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however. will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`8. Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Frank Duong whose'telephone number is (703) 308-
`
`5428. The examiner can normally be reached on 7:00AM-3:30PM.
`
`It attempts to reach the examiner by telephone are unsuccessful, the examiner‘s
`
`supervisor, Wellington Chin can be reached on (703] 305-4366. The fax phone
`
`numbers for the organization where this application or proceeding is assigned are (703)
`
`

`

`ApplicationIControl Number: 09899771
`Art Unit: 2664
`
`Page 7
`
`872—9314 for regular communications and {7’03} B?2-9314 for After Final
`
`communications
`
`Any inquiry of a general nature or relating to the status of this application or
`
`proceeding should be directed to the receptionist whose telephone number is {703) 305-
`
`4700.
`
`Frank Duong
`February 6, 2002
`
`
`
`Y PATENT EXAMINER
`SUPEFMS
`TECHNOLOGY CENTER 2600
`
`