DOCKET NO.: REMB—0109
`
`Application No.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`Gordon Bremer
`
`Confirmation No.: 8306
`
`Application No.: 12/543,910
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`Group Art Unit: 2611
`
`Filing Date: August 19, 2009
`
`Examiner: Dac V Ha
`
`For:
`
`System and Method of Communication Via Embedded Modulation
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`REPLY PURSUANT TO 37 CFR § 1.111
`
`In response to the Official Action dated September 1, 2010, reconsideration is
`
`respectfillly requested in View of the amendments and/or remarks as indicated below:
`
`DEEEE
`
`Amendments to the Specification begin on page 2 of this paper.
`
`Amendments to the Claims are reflected in the listing of the claims which
`begins on page 7 of this paper.
`
`Amendments to the Drawings begin on page 19 of this paper and include an
`attached replacement sheet.
`
`Remarks begin on page 20 of this paper.
`
`Request For Refund submitted herewith.
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`Page 1 of23
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`(Samsung V. Rembrandt)
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`Samsung Ex. 1309
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`Exhibit 1309 01/23
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`

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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`Amendments to the Specification:
`
`PATENT
`
`Please replace the Summary section, which corresponds to paragraphs [0008] — [0013] of the
`
`specification, with the following:
`
`|0008| The present invention disclosed herein includes communication systems,
`
`devices, and methods. For example, a device may be capable of communicating according to
`
`a master/slave relationshi
`
`in which a communication from a slave to a master occurs in
`
`response to a communication from the master to the slave. The device may include a
`
`transceiver in the role of the master for sending transmissions modulated using at least two
`
`t
`
`es of modulation methods for exam le a first modulation method and a second
`
`modulation method. The first modulation method may be of a different type than the second
`
`modulation method. The transmissions may be groups of transmission sequences. A group
`
`ma be structured with a first ortion and a a load ortion. First information in the first
`
`portion may indicate which of the first modulation method or the second modulation method
`
`is used for modulating second information in the payload portion. The transmissions may be
`
`addressed for an intended destination of the payload portion. First information in a
`
`transmission that includes an address for an intended destination may include a first seguence
`
`in the first portion that is modulated according to the first modulation method and that
`
`indicates an impending change from the first modulation method to the second modulation
`
`method. Second information in a transmission that includes an address for an intended
`
`destination may include a second seguence in the payload portion that is modulated according
`
`to the second modulation method. The second seguence may be transmitted after the first
`
`seguence.
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`
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`Page 2 of 23
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`Exhibit 1309 02/23
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`

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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`[0009] The present invention has many advantages, a few of which are delineated
`
`hereafter as merely examples.
`
`[0010] One advantage of the present invention is that it provides to the use of a
`
`plurality of modem modulation methods on the same communication medium.
`
`[0011] Another advantage of the present invention is that a master transceiver can
`
`communicate seamlessly with tributary transceivers or modems using incompatible
`
`modulation methods.
`
`
`
`[0013] Other features and advantages of the present invention will become apparent
`
`to one with skill in the art upon examination of the following drawings and detailed
`
`description. It is intended that all such additional features and advantages be included herein
`
`within the scope of the present invention.
`
`Please amend paragraph [0022] ofthe specification as follows:
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`Page 3 of 23
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`Exhibit 1309 03/23
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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`
`
`[0022] FIG. 8 '‘ i i i i
`
`
`
`
`
`
`
`
`
`'
`
`:
`
`----. ;:-
`
`.:- .
`
`---:
`
`—
`
`.isasignaldiagramforan
`
`exemplary transmission according to an embodiment.
`
`Please amend paragraph [0025] of the specification as follows:
`
`[0025] Referring now to FIG. 2, an exemplary multipoint communication session is
`
`illustrated through use of a ladder diagram. This system uses polled multipoint
`
`communication protocol. That is, a master controls the initiation of its own transmission to
`
`the tribs and permits transmission from a trib only when that trib has been selected. At the
`
`beginning of the session, the master transceiver 24 establishes a common modulation as
`
`indicated by sequence 32 that is used by both the master 24 and the tribs 26a, 26b for
`
`communication. Once the modulation scheme is established among the modems in the
`
`multipoint system, The master transceiver 24 transmits a training sequence 34 that includes
`
`the address of the trib that the master seeks to communicate with. In this case, the training
`
`sequence 34 includes the address of trib 26a. As a result, trib 26b ignorcs training sequence
`
`34. After completion of the training sequence 34, master transceiver 24 transmits data 36 to
`
`trib 26a followed by trailing sequence 38, which signifies the end of the communication
`
`scssion. Similarly, with rcfcrcncc to FIG. 8, the scgucncc I70 illustrates a Type A
`
`modulation training signal, followed by a Type A modulation data signal. Note that trib 26b
`
`ignores data 36 and trailing sequence 38 as it was not requested for communication during
`
`training sequence 34.
`
`Please amend paragraph [0027] of the specification as follows:
`
`[0027] The foregoing procedure is repeated except master transceiver identifies trib
`
`26b in training sequence 48. In this case, trib 26a ignores the training sequence 48 and the
`
`subsequent transmission of data 52 and trailing sequence 54 because it does not recognize its
`
`address in training sequence 48. Master transceiver 24 transmits data 52 to trib 26b followed
`
`by trailing sequence 54 to terminate the communication session. Similarly, with reference to
`
`FIG. 8, sequence I72 illustrates a Type A modulation signal, with notification ofa changes to
`
`Type B, followed by a Type B modulation data signal. To send information back to master
`
`transceiver 24, trib 26b transmits training sequence 56 to establish a communication session.
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`Page 4 of 23
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`
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`Exhibit 1309 04/23
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`

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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`Master transceiver 24 is conditioned to expect data only from trib 26b because trib 26b Was
`
`selected as part of training sequence 48. Trib 26b transmits data 58 to master transceiver 24
`
`terminated by trailing sequence 62.
`
`Please delete paragraphs [0042] — [0046]
`
`
`
`
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`thetestsignalsequence154tethetFi—butaFj,LtFanseei¥er
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`Exhibit 1309 05/23
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`DOCKET NO.: REMB—0109
`
`Application No.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`
`
`Please amend the Abstract as shown below. A clean version of the Abstract submitted on a
`
`separate sheet is also submitted herewith.
`
`A device may be capable of communicating using at least two type types of
`
`modulation methods.
`
`
`
`
`
`%upl capable of acting as a master according to a master/slave
`
`relationshi
`
`in which communication from a slave to a master occurs in res onse to
`
`The device may include a £1-PS-F transceiver
`
`be modulated according to a first modulation method and indicate an imp ending change to a
`
`second modulation method, which is used for transmitting the payload portion. The
`
`transmissions may be addressed for an intended destination of the payload portion.
`
`Information in the first portion may
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`Page 6 of 23
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`Exhibit 1309 06/23
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`

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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`This listing of claims will replace all prior versions, and listings, of claims in the application.
`
`Listing of Claims:
`
`1. (Currently Amended) A communication system device capable of communicating
`
`according to a master/slave relationship in which a slave communication from a slave to a
`
`master occurs in response to a master communication from the master to the slave, the device
`
`comprising:
`
`a transceiver, in the role of the master according to the master/slave relationship, for
`
`sending at least
`
`transmissions modulated using at least two
`
`types of modulation methods, wherein the at least two types of modulation methods comprise
`
`a first modulation method and a second modulation method, wherein the second modulation
`
`method is L different Q13 than the first modulation method, and wherein the -fi-1‘-S-1':
`
`transmissions comprise groups of transmission
`
`scgucnccs, each group of said groups of transmission scgucnccs structured with a first portion
`
`and a payload portion wherein first information in the first portion indicates at least which of
`
`the first modulation method and the second modulation method is used for modulating
`
`second information in the payload portion, wherein at least one group of transmission
`
`sequences is addressed for an intended destination of the payload portion, and wherein for the
`
`at least one group of transmission sequences:
`
`the first information for said at least one group of transmission seguences comprises a
`
`first sequence, in the first portion and modulated according to the first modulation method,
`
`wherein the first sequence that indicates an impending change from the first modulation
`
`method to the second modulation method, and
`
`the second information for said at least one group of transmission sequences
`
`comprises a second sequence, -in modulated according to the second modulation method,
`
`wherein the second sequence is transmitted after the first data sequence.
`
`2.
`
`(Currently Amcndcd) Thc sy-stern dcvicc of claim 1, whcrcin thc transccivcr is
`
`configured to transmit a third sequence after the second sequence, wherein the third sequence
`
`is transmitted in the first modulation method and indicates that communication from the
`
`master to the slave has reverted to the first modulation mcthod.
`
`Page 7 of 23
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`Exhibit 1309 07/23
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`DOCKET NO.: REMB—0109
`
`Application No.: 12/543,910
`Office Action Dated: September 1, 2010
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`3. — 8. (Canceled)
`
`PATENT
`
`9.
`
`(Currently Amended) The system device of claim 1, wherein the £1-1=st transceiver is
`
`configured to transmit the second sequence according to a specific time interval.
`
`10.
`
`(Currently Amended) The system device of claim 1, wherein the fir—st transceiver is
`
`configured to transmit the second sequence according to a particular quantity of data.
`
`11.
`
`(Currently Amended) The system device of claim 1, further comprising a processor and
`
`a memory, wherein the memory has stored therein instructions that when executed by the
`
`processor cause the transceiver
`
`to transmit the first sequence and the second
`
`sequence.
`
`12.
`
`(Currently Amended) The system device of claim 1 1 , wherein the memory has stored
`
`therein program code for the first modulation method and the second modulation method.
`
`13.
`
`(Currently Amended) The system device of claim 11, wherein the memory comprises
`
`random access memory.
`
`14.
`
`(Currently Amended) The system device of claim 11, wherein the memory comprises
`
`read-only memory.
`
`15.
`
`(Currently Amended) The device of claim 11, wherein the memory has stored therein
`
`program code for operating the transceiver in a multipoint master/slave relationship
`
`16. — 17. (Canceled)
`
`18.
`
`(Currently Amended) The system device of claim 1 -1-7-, wherein the first
`
`communication from the master to the slave
`
`is a poll in accordance with a
`
`multipoint communications preteeel relationship, wherein the poll indicates that the master
`
`has selected the slave for transmission.
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`Page 8 of 23
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`Exhibit 1309 08/23
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`DOCKET NO.: REMB—0109
`
`Application No.: 12/543,910
`Office Action Dated: September 1, 2010
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`19.
`
`(Canceled)
`
`PATENT
`
`20. (Currently Amended) A communications device, comprising:
`
`a processor‘, and
`
`a memog having stored therein executable instructions for execution by the
`
`processor, wherein the executable instructions direct transmission of a first data with a first
`
`modulation method followed by a second data with a second modulation method, wherein the
`first modulation method is different than the second modulation method wherein the first
`
`data comprises an indication of an impending change from the first modulation method to the
`
`second modulation method, wherein the executable instructions direct transmission of a third
`
`data with the first modulation method after the second data, and wherein the third data
`
`indicates that communication has reverted to the first modulation method.
`
`21. — 26.
`
`(Canceled)
`
`27.
`
`(Currently Amended) The device of claim Q -1-9, wherein transmission of the second
`
`data is according to a specific time interval.
`
`28.
`
`(Currently Amended) A communications device, comprising:
`
`a processor‘, and
`
`a memogy having stored therein executable instructions for execution by the
`
`processor, wherein the executable instructions direct transmission of a first data with a first
`
`modulation method followed by a second data with a second modulation method, wherein the
`
`first modulation method is different than the second modulation method, wherein the first
`
`data comprises an indication of an impending change from the first modulation method to the
`
`second modulation mcthod wherein the executable instructions direct transmission of a third
`
`data with the first modulation method after the second data and wherein transmission of the
`
`second data is according to a particular quantity of data.
`
`29.
`
`(Currently Amended) The device of claim Q -1-9, further comprising a transmitter
`
`configured to transmit the first data and the second data.
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`Page 9 of 23
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`Exhibit 1309 09/23
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`

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`
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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`30.
`
`(Currently Amended) The device of claim Q -1-9, wherein the memory has stored
`
`therein program code for the first modulation method and the second modulation method.
`
`31.
`
`(Currently Amended) The device of claim E -l-9, wherein the memory comprises
`
`random access memory.
`
`32.
`
`(Currently Amended) The device of claim Q -1-9, wherein the memory comprises read-
`
`only memory.
`
`33.
`
`(Currently Amended) The device of claim E -l—9, wherein the memory has stored
`
`therein program code for a multipoint communications protocol.
`
`34. — 36.
`
`(Canceled)
`
`37.
`
`(Currently Amended) A device
`
`that transmits in accordance with a first
`
`modulation legie;—method and a second modulation legie-method that is different than the
`
`first modulation method, said device comprising:
`
`at least one modulator;
`
`a transceiver that includes the at least one modulator
`
` , wherein the transceiver is configured to
`
`transmit:
`
`a first sequence, modulated in accordance with the first modulation method
`
`le-gie, that indicates a an impending change from the first modulation method lo-gie to
`
`the second modulation method leg-ie, and
`
`a second sequence, in accordance with the second modulation method lo-gie,
`
`that is transmitted at a time after fe-l-lows thc first data scqucncc.
`
`38.
`
`(Currently Amended) The device of claim 37, wherein the transceiver is configured to
`
`transmit a third sequence after the second sequence, wherein the third sequence is transmitted
`
`in accordance with the first modulation method leg-ie and indicates that a subsequent
`
`communication has reverted to the first modulation method logic.
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`Page 10 of 23
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`Exhibit 1309 10/23
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`

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`DOCKET NO.: REMB—0109
`
`Application No.: 12/543,910
`Office Action Dated: September 1, 2010
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`39. — 44.
`
`(Canceled)
`
`PATENT
`
`45.
`
`(Currently Amended) The device of claim 37, wherein the first transceiver is
`
`configured to transmit the second sequence according to a specific time interval.
`
`46.
`
`(Currently Amended) The device of claim 37, wherein the first transceiver is
`
`configured to transmit the second sequence according to a particular quantity of data.
`
`47.
`
`(Original) Thc dcvicc of claim 37, further comprising a processor and a memory,
`
`wherein the memory has stored therein instructions that when executed by the processor
`
`cause the transmitter to transmit the first sequence and the second sequence.
`
`48.
`
`(Original) The device of claim 47, wherein the memory comprises random access
`
`memory.
`
`49.
`
`(Original) The device of claim 47, wherein the memory comprises read—only memory.
`
`50.
`
`(Original) The device of claim 47, wherein the memory has stored therein program
`
`code for a multipoint communications protocol.
`
`51. — 86.
`
`(Canceled)
`
`87.
`
`(Currently Amended)
`
`eemprising A computer-readable storage medium having a computer executable instructions
`
`stored therein that when executed by a processor control a master transceiver, said computer
`
`executable instructions, comprising:
`
`first logic configured to transmit first information in a first modulation method for
`communication‘
`
`second lo ic confi ured to transmit a first se uence to noti
`
`of a chan e from said
`
`first modulation method to a second modulation method;
`
`third logic configured to transmit second information in said second modulation
`
`method; and
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`Page 11 of 23
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`Exhibit 1309 11/23
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`

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`
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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`fourth logic configured to transmit a second sequence after the second information is
`
`transmitted, wherein the second sequence is transmitted in the first modulation method and
`
`indicates that communication has reverted to the first modulation method.
`
`88. — 93.
`
`(Canceled)
`
`94.
`
`(Currently Amended) The computer-readable storage medium of claim Q 86, wherein
`
`the first transceiver is configured to transmit the second sequence according to a specific time
`
`interval.
`
`95.
`
`(Currently Amended)
`
`A
`
`computer-readable storage medium having a computer executable instructions stored therein
`
`that when executed by a processor control a master transceiver, said computer executable
`
`instructions, comprising:
`
`first logic configured to transmit first information in a first modulation method for
`
`communication;
`
`second 10 ic confi ured to transmit a first se uence to noti
`
`of a chan e from said
`
`first modulation method to a second modulation method;
`
`third logic configured to transmit second information in said second modulation
`method‘ and
`
`fourth logic configured to transmit a second sequence after the second information is
`
`transmitted wherein the first transceiver is configured to transmit the second sequence
`
`according to a particular quantity of data.
`
`96.
`
`(Currently Amended) The computer-readable storage medium of claim Q 4-}, further
`
`comprising program code for the first modulation method and the second modulation method.
`
`97.
`
`(Currently Amended) The computer-readable storage medium of claim fl -1-1-, further
`
`comprising program code for a multipoint communications protocol.
`
`98. — 100.
`
`(Canceled)
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`Page 12 of 23
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`Exhibit 1309 12/23
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`
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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Offiee Action Dated: September 1, 2010
`
`PATENT
`
`101.
`
`(New) The device of claim 1, wherein the transceiver is configured to be the master.
`
`102.
`
`(New) The device of claim 1, wherein the first information in the first portion
`
`indicates the first modulation method when the intended destination is a first type of receiver
`
`and indicates the second modulation when the intended destination is a second type of
`
`receiver.
`
`103.
`
`(New) The device of claim 102, wherein the second type of receiver differs from the
`
`first type of receiver at least by the second type of receiver being designated for transmitting
`
`in the second modulation method.
`
`104.
`
`(New) The device of claim 102, wherein the second type of receiver differs from the
`
`first type of receiver at least by the second type of receiver being operable to ignore
`
`transmissions intended for the first type of receiver.
`
`105.
`
`(New) The device of claim 104, wherein the intended destination ignores
`
`transmissions in the second modulation when the intended destination is the first type of
`
`receiver.
`
`106.
`
`(New) The device of claim 104, wherein the intended destination ignores
`
`transmissions in the first modulation when the intended destination is the second type of
`
`receiver.
`
`107.
`
`(New) The device of claim 104, wherein the intended destination is the first type of
`
`receiver and unable to demodulate the second modulation method.
`
`108.
`
`(New) The device of claim 102, wherein the transceiver is configured to receive data
`
`from the intended destination in the first modulation method when the intended destination is
`
`the first type of receiver.
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`Page 13 of 23
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`Exhibit 1309 13/23
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`
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`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`109.
`
`(New) The device of claim 102, wherein the transceiver is configured to receive data
`
`from the intended destination in the second modulation method when the intended destination
`
`is the second type of receiver.
`
`110.
`
`(New) The device of claim 1, the transceiver is configured to transmit a third
`
`sequence, according to the first modulation method, at a time after the second sequence is
`
`transmitted.
`
`111.
`
`(New) The device of claim 1, wherein the transceiver transmits data modulated
`
`according to either the first modulation method or the second modulation method at any
`
`given point in time when the transceiver is transmitting.
`
`112.
`
`(New) The device of claim 20, wherein transmission of the second data is according
`
`to a particular quantity of data.
`
`113.
`
`(New) The device of claim 28, wherein transmission of the second data is according
`
`to a specific time interval.
`
`114.
`
`(New) The device of claim 28, further comprising a transmitter configured to transmit
`
`the first data and the second data.
`
`115.
`
`(New) The device of claim 28, wherein the memory has stored therein program code
`
`for the first modulation method and the second modulation method.
`
`116.
`
`(New) The device of claim 28, wherein the memory comprises random access
`
`memory.
`
`117.
`
`(New) The device of claim 28, wherein the memory comprises read—only memory.
`
`118.
`
`(New) The device of claim 28, wherein the memory has stored therein program code
`
`for a multipoint communications protocol.
`
`Page 14 of 23
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`Exhibit 1309 14/23
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`
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`DOCKET NO.: REMB—0109
`
`Application No.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`119.
`
`(New) The computer—readable storage medium of claim 87, wherein the first
`
`transceiver is configured to transmit the second sequence according to a particular quantity of
`
`data.
`
`120.
`
`(New) The computer—readable storage medium of claim 95, wherein the first
`
`transceiver is configured to transmit the second sequence according to a specific time
`
`interval.
`
`121.
`
`(New) The computcr-rcadablc storage medium of claim 95, further comprising
`
`program code for the first modulation method and the second modulation method.
`
`122.
`
`(New) The computcr-rcadablc storage medium of claim 95, further comprising
`
`program code for a multipoint communications protocol.
`
`123.
`
`(New) A communication device capable of communicating according to a
`
`master/slave relationship in which a slave message from a slave to a master occurs in
`
`response to a master message from the master to the slave, the device comprising:
`
`a transceiver, in the role of the master according to the master/slave relationship,
`
`capable of transmitting using at least two types of modulation methods, wherein the at least
`
`two types of modulation methods comprise a first modulation method and a second
`
`modulation method, wherein the second modulation method is of a different type than the
`
`first modulation method, and wherein the first transceiver is configured to transmit messages
`
`with:
`
`a first sequence, in the first modulation method, that indicates at least which of the
`
`first modulation method and the second modulation method is used for modulating a second
`
`scqucncc, wherein, in at lcast onc mcssagc, the first scqucncc indicates an impending change
`
`from the first modulation method to the second modulation method, and wherein the at least
`
`one message is addressed for an intended destination of the second sequence, and
`
`the second scqucncc, modulated in accordance with the modulation mcthod indicated
`
`by the first sequence and, in the at least one message, modulated using in the second
`
`modulation method, wherein the second sequence is transmitted after the first data sequence.
`
`Page 15 of 23
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`
`
`Exhibit 1309 15/23
`
`

`
`
`
`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`124.
`
`(New) The device of claim 123, wherein the transceiver is configured to transmit a
`
`third sequence after the second sequence, wherein the third sequence is transmitted in the first
`
`modulation method and indicates that communication from the master to the slave has
`
`reverted to the first modulation method.
`
`125.
`
`(New) The device of claim 123, wherein the transceiver is configured to transmit the
`
`second sequence according to a specific time interval.
`
`126.
`
`(Ncw) The device of claim 123, wherein the transccivcr is configured to transmit the
`
`second sequence according to a particular quantity of data.
`
`127.
`
`(Ncw) The device of claim 123, further comprising a processor and a memory,
`
`wherein the memory has stored therein instructions that when executed by the processor
`
`cause the transceiver to transmit the first sequence and the second sequence.
`
`128.
`
`(New) The device of claim 127, wherein the memory has stored therein program code
`
`for the first modulation method and the second modulation method.
`
`129.
`
`(New) The device of claim 127, wherein the memory comprises random access
`
`memory.
`
`130.
`
`(New) The device of claim 127, wherein the memory comprises read—only memory.
`
`131.
`
`(New) The device of claim 127, wherein the memory has stored therein program code
`
`for operating the transceiver in a multipoint master/slave relationship.
`
`132.
`
`(New) The device of claim 123, wherein the first communication from the master to
`
`the slave is a poll in accordance with a multipoint communications relationship, wherein the
`
`poll indicates that the master has selected the slave for transmission.
`
`133.
`
`(New) The device of claim 123, wherein the transceiver is configured to be the
`
`master.
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`Page 16 of 23
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`
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`Exhibit 1309 16/23
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`

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`
`
`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`l34.
`
`(New) The device of claim l23, wherein the first information in the first portion
`
`indicates the first modulation method when the intended destination is a first type of receiver
`
`and indicates the second modulation when the intended destination is a second type of
`
`receiver.
`
`135.
`
`(New) The device of claim 134, wherein the second type of receiver differs from the
`
`first type of receiver at least by the second type of receiver being designated for transmitting
`
`in the second modulation method.
`
`136.
`
`(New) The device of claim 134, wherein the second type of receiver differs from the
`
`first type of receiver at least by the second type of receiver being operable to ignore
`
`transmissions intended for the first type of receiver.
`
`l37.
`
`(New) The device of claim l36, wherein the intended destination ignores
`
`transmissions in the second modulation when the intended destination is the first type of
`
`receiver.
`
`138.
`
`(New) The device of claim 136, wherein the intended destination ignores
`
`transmissions in the first modulation when the intended destination is the second type of
`
`receiver.
`
`l39.
`
`(New) The device of claim l36, wherein the intended destination is the first type of
`
`receiver and unable to demodulate the second modulation method.
`
`140.
`
`(New) The device of claim 134, wherein the transceiver is configured to receive data
`
`from the intended destination in the first modulation method when the intended destination is
`
`the first type of receiver.
`
`141.
`
`(New) The device of claim 134, wherein the transceiver is configured to receive data
`
`from the intended destination in the second modulation method when the intended destination
`
`is the second type ofreceiver.
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`Page l7 of 23
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`
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`Exhibit 1309 17/23
`
`

`
`
`
`DOCKET NO.: REMB—0109
`
`Application No.: 12/543,910
`Office Action Dated: September 1, 2010
`
`PATENT
`
`142.
`
`(New) The device of claim 123, the transceiver is configured to transmit a third
`
`sequence, according to the first modulation method, at a time after the second sequence is
`
`transmitted.
`
`143.
`
`(New) The device of claim 123, wherein the transceiver transmits data modulated
`
`according to either the first modulation method or the second modulation method at any
`
`given point in time when the transceiver is transmitting.
`
`144.
`
`(New) The device of claim 127, wherein the memory comprises an erasable
`
`programmable read-only memory.
`
`145.
`
`(New) The device of claim 11, wherein the memory comprises an erasable
`
`programmable read-only memory.
`
`146.
`
`The device of claim 20, wherein the memory comprises an erasable programmable
`
`read-only memory.
`
`147.
`
`(New) The device of claim 28, wherein the memory comprises an erasable
`
`programmable read-only memory.
`
`148.
`
`(New) The device of claim 47, wherein the memory comprises an erasable
`
`programmable read-only memory.
`
`Page 18 of 23
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`
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`Exhibit 1309 18/23
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`

`
`
`
`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`Amendments to the Drawings
`
`PATENT
`
`The attached sheets of drawings include replacement FIG. 8. The sheets, which include new
`
`FIG. 8, replace the original shccts.
`
`Attachment: Replacement Sheets 1-8
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`Page 19 of 23
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`
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`Exhibit 1309 19/23
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`

`
`DOCKET NO.: REMB—0109
`
`Application No.: 12/543,910
`Office Action Dated: September 1, 2010
`
`REMARKS
`
`PATENT
`
`Claims 1-2, 9-15, 18, 20, 27-33, 37-38, 45-50, 87, 94-97, and 101-148 are pending in
`
`the present application.
`
`Claims 3-8, 16-17, 19, 21-26, 34-36, 39-44, 51-86, 88-93, and 98-100 have been
`
`canceled.
`
`Claims 1-2, 9-15, 18, 20, 27-33, 37-38, 45-46, 87, and 94-97 have been amended for
`
`clarification.
`
`Claims 101-148 have been added. Support for the claim amendments and new claims
`
`can be found throughout the specification, for example paragraphs [0031] — [0035] and
`
`[0048]. No new matter has been added.
`
`Allowable Subject Matter
`
`Applicant thanks Examiner Ha for the indication that claims 1-18, and 37-57 are
`
`allowed (office action, p. 7). Applicant has further amended claims 1-2, 9-15, 18, 37-38, and
`
`45-46 with additional recitations to more precisely claim the subject-matter. For example,
`
`the language of independent claim 1 has been clarified to refer to two types of modulation
`
`methods, z'.e., different families of modulation techniques, such as the FSK family of
`
`modulation methods and the QAM family of modulation methods. Support for the clarifying
`
`amendments can be found throughout the specification, for example [0024], [0025] and
`
`[0031] — [0036].
`
`Applicant thanks Examiner Ha for the indication that claims 20, 28, 36, 59, 67, 70-71,
`
`73, 81, 84, 85, 87, 95, and 100 would be allowable if rewritten in independent form including
`
`all of the limitation of the base claim and any intervening claims (office action, p. 7).
`
`Accordingly, claims 20, 28, 87, and 95 have been rewritten in independent form.
`
`Claims 3-8, 16-17, 19, 21-26, 34-36, 39-44, 51-86, 88-93, and 98-100 have been
`
`canceled.
`
`Accordingly, Applicant respectfully submits that pending claims 1-2, 9-15, 18, 20, 27-
`
`33, 37-38, 45-50, 87, and 94-97, are allowable.
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`Page 20 of 23
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`
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`Exhibit 1309 20/23
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`

`
`DOCKET NO.: REMB—0109
`
`Application N0.: 12/543,910
`Office Action Dated: September 1, 2010
`
`New Claims
`
`PATENT
`
`New claims 101-148 have been added. New dependent claims 101-111 depend from
`
`allowed claim 1. Therefore, Applicant respectfully submits claims 101-111 define over the
`
`asserted prior art for at least the same reasons as allowed claim 1.
`
`Applicant has added new dependent claims 112-122 that correspond to subject matter
`
`that was previously presented in dependent claim form. The new claims 112-122 have been
`
`added to depend from allowable dependent claims that have been rewritten into independent
`
`form (z'.e. claims 20, 28, 87, and 95). Accordingly, Applicant respectfully submits that claims
`
`112-122 are allowable.
`
`F urtherrnore, Applicant has added new independent claim 123 and corresponding
`
`dependent claims 124-144. Applicant respectfully submits that new claim 123 recites
`
`patentable subject matter not disclosed by the asserted references, and is therefore in
`
`condition for al