UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
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`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
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`12/543,910
`
`08/19/2009
`
`Gordon F. Bremer
`
`REMB-0109
`
`8306
`
`23377
`7590
`09/01/2010
`WOODCOCK WASHBURN LLP
`CIRA CENTRE, 12TH FLOOR
`2929 ARCH STREET
`PHILADELPHIA, PA 19104-2891
`
`EXAMINER
`
`HA,DACV
`
`ART UNIT
`
`PAPER NUMBER
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`2611
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`MAIL DATE
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`DELIVERY MODE
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`09/0112010
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`Exhibit 1010 01/10
`
`

`

`Office Action Summary
`
`Application No.
`
`Applicant(s)
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`12/543,910
`
`Examiner
`
`BREMER, GORDON F.
`
`Art Unit
`
`2611
`DacV. Ha
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE~ MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1 )IZ! Responsive to communication(s) filed on 19 August 2009.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
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`4)[8J Claim(s) 1-100 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8J Claim(s) 19. 21-27. 29-35. 58. 60-66. 68-69. 72. 74-80. 83. 86. 88-94. 96-99 is/are rejected.
`7)[8J Claim(s) 1-18.20.28.36-57.59.67.70.71.73.81.84.85.87.95 and 100 is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
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`9)0 The specification is objected to by the Examiner.
`10)[8J The drawing(s) filed on 19 August 2009 is/are: a)IZ! accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
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`Priority under 35 U.S.C. § 119
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`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17 .2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) [8Jinformation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) 0
`
`Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Off1ce
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20100812
`
`Exhibit 1010 02/10
`
`

`

`Application/Control Number: 12/543,910
`Art Unit: 2611
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`Page 2
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`DETAILED ACTION
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`Claim Objections
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`1.
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`Claims 1-18, 37-57, 96-100 are objected to because of the following
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`informalities:
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`Claim 1, line 9, "the first data sequence" should be changed to i.e. "a first data
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`sequence" to avoid potential antecedent basis problem.
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`Similar problem exists in claim 37.
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`Claims 96-100 seem to have incorrect dependency (i.e. should be depending
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`from claims 86 on).
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`Appropriate correction is required.
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`Claim Rejections- 35 USC§ 102
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`2.
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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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`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
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`3.
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`Claims 19, 21,23-27,29,34, 86,88-94,96 are rejected under35 U.S.C. 102(b)
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`as being anticipated by Siwiak (US 5,537,398).
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`Reclaim 19, Siwiak discloses:
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`"a processor" (Fig. 6, elements 606, 61 0);
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`"transmission of first data with a first modulation method followed by second data
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`with a second modulation method, wherein the first modulation method is different than
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`Exhibit 1010 03/10
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`

`

`Application/Control Number: 12/543,910
`Art Unit: 2611
`
`Page 3
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`the second modulation method, and wherein the first data comprises an indication of an
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`impending change from the first modulation method to the second modulation method"
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`in Fig. 2; col. 3, line 61 to col. 4, line 2; col. 4, lines 31-39; abstract.
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`Further, even though Siwiak does not explicitly disclose "a memory having stored
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`therein executable instructions for execution by the processor", it should be inherent
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`that the "processor" of Siwiak must have some associate memory with instruction
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`information stored therein for execution by such processor.
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`Re claim 86, see similar subject matter in claim 19 above, wherein elements
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`606, 610 teach all first, second and third logic.
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`Reclaim 21, Siwiak further discloses "wherein the first modulation method is a
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`frequency shift keying modulation" in col. 6, lines 25-29.
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`Reclaim 23, Siwiak further discloses "wherein the second modulation method is
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`different than the first modulation method in performance" in col. 6, lines 23-29.
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`Reclaim 24, Siwiak further discloses "wherein the first modulation method has a
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`lower performance than the second modulation method" in col. 6, lines 23-29.
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`Reclaim 25, Siwiak further discloses "wherein the second modulation method is
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`different than the first modulation in data rate" in col. 6, lines 23-29.
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`Reclaim 26, Siwiak further discloses "wherein the first modulation method has a
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`lower data rate than the second modulation method" in col. 6, lines 23-29.
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`Reclaim 27, Siwiak further discloses "wherein transmission of the second data
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`is according to a specific time interval" in Fig. 2; col. 3, line 61 to col. 4, line 2.
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`Exhibit 1010 04/10
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`

`

`Application/Control Number: 12/543,910
`Art Unit: 2611
`
`Page 4
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`Reclaim 29, Siwiak further discloses "transmitter configured to transmit the first
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`data and the second data" in Fig. 5, 2; col. 3, lines 45-48; col. 4, lines 31-39.
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`Reclaim 34, Siwiak further discloses "the first data comprises an address" in col.
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`4, lines 31-39; Fig. 2.
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`Reclaims 88-94, 98, see similar claimed subject matter in claims 21-27, 34,
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`respectively.
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`Claim Rejections- 35 USC§ 103
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`4.
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`The following is a quotation of 35 U.S.C. 1 03(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
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`5.
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`Claims 30-33, 96, 97 are rejected under 35 U.S.C. 1 03(a) as being unpatentable
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`over Siwiak.
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`Reclaim 30, Siwiak discloses all claimed subject matter of claim 30, as stated
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`above, except for "the memory has stored therein program code for the first modulation
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`method and the second modulation method". However, it would have been easily
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`understood by one skilled the art that, for software implementation standpoint, the
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`(associate) memory would have stored therein information in the form of program code
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`for execution by the processor.
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`Exhibit 1010 05/10
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`

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`Application/Control Number: 12/543,910
`Art Unit: 2611
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`Page 5
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`Re claims 31-32, the claimed subject matter "random access memory" and
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`"read-only memory" would have been easily realized by one skill in the art as application
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`specific for the type of memory used.
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`Re claim 33, the claimed subject matter "the memory has stored therein program
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`code for a multipoint communication protocol" would have been easily realized by one
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`skilled in the art since Siwiak also directs to "multipoint communication" (Fig. 5).
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`Reclaims 96, 97, see similar claimed subject matter in claims 30, 33 above,
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`respectively.
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`6.
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`Claims 22, 35, 58, 60-66, 68, 69, 72, 74-80, 82, 83 are rejected under 35 U.S.C.
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`103(a) as being unpatentable over Siwiak in view of Frodigh et al. (US 6,125,148)
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`(hereafter Frodigh).
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`Reclaim 58, Siwiak discloses "transmitting, from a transmitter, a first sequence"
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`"transmission segment, wherein the first sequence is modulated according to a first
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`modulation method; indicating in the first sequence that a second sequence of'
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`"transmission segment will use a second modulation method, wherein the second
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`modulation method is different from the first modulation method; and transmitting the
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`second sequence of' "transmission segment, wherein the second sequence follows the
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`first sequence and wherein the second sequence is modulated according to the second
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`modulation method" in Fig. 1, 5, 6; Abstract; col. 3, line 19 to col. 4, line 2; col. 4, lines
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`31-39; col. 7, lines 33-37; col. 9, lines 25-44.
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`Siwiak differs from the claimed invention in that Siwiak does not disclsoes "burst".
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`Exhibit 1010 06/10
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`

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`Application/Control Number: 12/543,910
`Art Unit: 2611
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`Page 6
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`Frodigh, in the same field of endeavor, discloses communication between base
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`station and mobile station wherein the system utilizes "burst" format (Fig. 3, 4; col. 7,
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`line 48 to col. 8, line 5).
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`Therefore, it would have been obvious to a person of ordinary skill in the art at
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`the time of the invention to incorporate the transmission of "burst" format, taught in
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`Frodigh, into Siwiak and predictable result would have still been expected.
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`Re claim 35, see claim 58 above for "burst transmission" claimed subject matter.
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`Reclaim 72, see corresponding method claim 58.
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`Reclaims 22, 61, Siwiak discloses all claimed subject matter of claim 22, as
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`stated above, except for "wherein second modulation method is a shift keying
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`modulation". Frodigh, in the same field of endeavor, discloses communication system
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`that supports multiple modulation methods (Abstract; col. 3, lines 56-67). Therefore, it
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`would have been obvious to a person of ordinary skill in the at the time of the invention
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`to incorporate the teaching of multiple modulation methods supported by the system,
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`taught by Frodigh, into Siwiak, and predictable result can still be expected.
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`Reclaim 60, Siwiak further discloses "wherein the first modulation method is a
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`frequency shift keying modulation" in col. 6, lines 25-29.
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`Reclaim 62, Siwiak further discloses "wherein the second modulation method is
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`different than the first modulation method in performance" in col. 6, lines 23-29.
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`Reclaim 63, Siwiak further discloses "wherein the first modulation method has a
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`lower performance than the second modulation method" in col. 6, lines 23-29.
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`Exhibit 1010 07/10
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`

`

`Application/Control Number: 12/543,910
`Art Unit: 2611
`
`Page 7
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`Reclaim 64, Siwiak further discloses "wherein the second modulation method is
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`different than the first modulation in data rate" in col. 6, lines 23-29.
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`Reclaim 65, Siwiak further discloses "wherein the first modulation method has a
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`lower data rate than the second modulation method" in col. 6, lines 23-29.
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`Reclaim 66, Siwiak further discloses "wherein transmission of the second data
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`is according to a specific time interval" in Fig. 2; col. 3, line 61 to col. 4, line 2.
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`Re claim 68, the claimed subject matter "the memory has stored therein program
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`code for a multipoint communication protocol" would have been easily realized by one
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`skilled in the art since Siwiak also directs to "multipoint communication" (Fig. 5).
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`Reclaim 69, Siwiak further discloses "the first data comprises an address" in col.
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`4, lines 31-39; Fig. 2.
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`Reclaims 74-80, 82, 83, 99, see similar claimed subject matter of claims 60-66,
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`68, 69, 58, respectively.
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`Allowable Subject Matter
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`7.
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`Claim 20, 28, 36, 59, 67, 70, 71, 73, 81, 84, 85, 87, 95, 100 are objected to as
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`being dependent upon a rejected base claim, but would be allowable if rewritten in
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`independent form including all of the limitations of the base claim and any intervening
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`claims.
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`8.
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`Claims 1-18, 37-57 are allowed.
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`Conclusion
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`9.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Exhibit 1010 08/10
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`

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`Application/Control Number: 12/543,910
`Art Unit: 2611
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`Page 8
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`Sridhar et al. (US 5,550,881)
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`Gilbert et al. (US 5,559,81 0)
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`Poon et al. (US 5,940,438)
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`Needham et al. (US 5,764,699)
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Dac V. Ha whose telephone number is 571-272-3040.
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`The examiner can normally be reached on 4/4.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, David Payne can be reached on 571-272-3024. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Dac V. Ha/
`Primary Examiner, Art Unit 2611
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`Exhibit 1010 09/10
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`

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`Application/Control Number: 12/543,910
`Art Unit: 2611
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`Page 9
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`Exhibit 1010 10/10
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`