DOCKET NO.: REMB—0109
`
`PATENT
`
`Application No.: 12/543,910
`Notice of Non—Compliant Amendment Dated: March 10, 2011
`Officc Action Dated: September 1, 2010
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`Gordon Bremer
`
`Confirmation No.: 8306
`
`Application No.: 12/543,910
`
`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 § 1.121
`
`In response to the Notice of Non—Compliant Amendment dated March 10, 2011,
`
`reconsideration is respectfully requested in View of the amendments and/or remarks as
`
`indicated below:
`
`DXEIEID
`
`Amendments to the Specification begin on page of this paper.
`
`Corrected Amendments to the Claims are reflected in the listing of the
`claims which begins on page 2 of this paper.
`
`Amendments to the Drawings begin on page of this paper and include an
`attached replacement sheet.
`
`Remarks begin on page 14 of this paper.
`
`Request For Refund submitted hcrcwith.
`
`Page 1 of15
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`(Samsung V. Rembrandt)
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`Samsung Ex. 1310
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`Exhibit 1310 01/15
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`

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`
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`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application N0.: 12/543,910
`Notice of N0n—C0mpliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`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 usin 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 «fn=st
`
`transmissions com rise rou s of transmission
`
`sequences, each group of said groups of transmission sequences 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 sequences 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 seg uences
`
`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 Amended) The s=j;=stei=i=i device of claim 1, wherein the transceiver is
`
`configured to transmit a third sequence after the second sequence, wherein the third sequence
`
`Page 2 of 15
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`Exhibit 1310 02/15
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`

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`
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`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application N0.: 12/543,910
`Notice of N0n—C0mpliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`is transmitted in the first modulation method and indicates that communication from the
`
`master to the slave has reverted to the first modulation method.
`
`3. — 8. (Canceled)
`
`9.
`
`(Currently Amended) The system device of claim 1, wherein the first 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 first transceiver is
`
`configured to transmit the second sequence according to a particular quantity of data.
`
`11.
`
`(Currently Amended) The syste1=n 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 transmitter to transmit the first sequence and the second
`
`SCq11C1’1CC.
`
`12.
`
`(Currently Amended) The sy-stem device of claim 11, 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 Sfy‘S-l':e-HI 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)
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`Page 3 of 15
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`Exhibit 1310 03/15
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`

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`
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`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application N0.: 12/543,910
`Notice of N0n—C0mpliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`18.
`
`(Currently Amended) The system device of claim 1 -l—7—, wherein the first
`
`communication from the master to the slave bui=st—t-i=&ns~mi-ss~iei*-i is a poll in accordance with a
`
`rnultipoint communications preteee-l relationship, wherein the poll indicates that the master
`
`has selected the slave for transmission.
`
`19.
`
`(Canceled)
`
`20. (Currently Amended)
`
`A communications device, comprising:
`
`a processor; and
`
`a memog; having stored therein executable instructions for execution by the
`
`rocessor 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 imp ending 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 method wherein the executable instructions direct transmission of a third
`
`Page 4 of 15
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`Exhibit 1310 04/15
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`

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`
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`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application N0.: 12/543,910
`Notice of N0n—C0mpliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`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 E -1-‘), further comprising a transmitter
`
`configured to transmit the first data and the second data.
`
`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 Q -1-9, wherein the memory comprises
`
`random HCCGSS 1’I1€1’I1OI'y.
`
`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 -1-9, wherein the memory has stored
`
`thcrcin program code for a multipoint communications protocol.
`
`34. — 36.
`
`(Canceled)
`
`37.
`
`(Currently Amended) A device
`
`that transmits in accordance with a first
`
`modulation lo-gifimethod and a second modulation le-giemethod that is different than the
`
`first modulation method, said device comprising:
` at least one modulator‘
`
`a transceiver that includes the at least one modulatora
`
` , wherein the transceiver is configured to
`
`transmit:
`
`a first sequence, modulated in accordance with the first modulation method
`
`legie, that indicates a an impending change from the first modulation method legie to
`
`the second modulation method leg-ie, and
`
`Page 5 of 15
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`Exhibit 1310 05/15
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`

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`
`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application No.: 12/543,910
`Notice of Non—Compliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`a second sequence, in accordance with the second modulation method legie,
`
`that is transmitted at a time after «fa-l-lows the first data sequence.
`
`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 lo-gie and indicates that a subsequent
`
`communication has reverted to the first modulation method legie.
`
`39. — 44.
`
`(Canceled)
`
`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) The device 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)
`
`Page 6 of 15
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`
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`Exhibit 1310 06/15
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`

`
`
`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application No.: 12/543,910
`Notice of Non—Compliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`87.
`
`(Currently Amended)
`
`eerrrpr-is-ing 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 logic configured to transmit a first sequence to notify of a change 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 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)¥h 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
`
`Page 7 of 15
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`
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`Exhibit 1310 07/15
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`

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`
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`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application No.: 12/543,910
`Notice of N0n—Compliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`fourth logic configured to transmit a second seg uence 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 1-1, further
`
`comprising program code for the first modulation method and the second modulation method.
`
`97.
`
`(Currently Amended) The computer—readable storage medium of claim Q 1-1, further
`
`comprising program code for a multipoint communications protocol.
`
`98. — 100.
`
`(Canceled)
`
`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.
`
`Page 8 of 15
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`
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`Exhibit 1310 08/15
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`

`
`
`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application N0.: 12/543,910
`Notice of N0n—C0mpliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`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.
`
`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 ofreceiver.
`
`U0.
`
`(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.
`
`lll.
`
`(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.
`
`ll2.
`
`(New) The device of claim 20, wherein transmission of the second data is according
`
`to a particular quantity of data.
`
`U3.
`
`(New) The device of claim 28, wherein transmission of the second data is according
`
`to a specific time interval.
`
`ll4.
`
`(New) The device of claim 28, further comprising a transmitter configured to transmit
`
`the first data and the second data.
`
`Page 9 of 15
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`
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`Exhibit 1310 09/15
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`

`
`
`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application No.: 12/543,910
`Notice of Non—Compliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`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.
`
`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 computer-readable storage medium of claim 95, further comprising
`
`program code for the first modulation method and the second modulation method.
`
`122.
`
`(New) The computer-readable 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
`
`Page 10 of 15
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`Exhibit 1310 10/15
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`

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`
`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application No.: 12/543,910
`Notice of Non—Compliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`modulation method, wherein the second modulation method is of a different type than the
`
`first modulation method, and wherein the 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
`
`sequence, wherein, in at least one message, the first sequence 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 sequence, modulated in accordance with the modulation method indicated
`
`by the first sequence and, in the at least one message, modulated using the second modulation
`
`method, wherein the second sequence is transmitted after the first sequence.
`
`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.
`
`(New) The device of claim 123, wherein the transceiver is configured to transmit the
`
`second sequence according to a particular quantity of data.
`
`127.
`
`(New) 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.
`
`Page 11of15
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`Exhibit 1310 11/15
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`

`
`
`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application No.: 12/543,910
`Notice of Non—Compliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`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.
`
`(Ncw) 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.
`
`134.
`
`(New) The device of claim 123, wherein the first information in the first portion
`
`indicates the first modulation method when the intended destination is a first type ofreceiver
`
`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.
`
`137.
`
`(New) The device of claim 136, wherein the intended destination ignores
`
`transmissions in the second modulation when the intended destination is the first type of
`
`receiver.
`
`Page 12 of 15
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`Exhibit 1310 12/15
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`

`
`
`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application N0.: 12/543,910
`Notice of N0n—C0mpliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`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.
`
`139.
`
`(New) The device of claim 136, 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.
`
`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.
`
`(New) The device of claim 20, wherein the memory comprises an erasable
`
`programmable read-only memory.
`
`Page 13 of 15
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`Exhibit 1310 13/15
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`

`
`
`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application N0.: 12/543,910
`Notice of N0n—C0mpliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`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 14 of 15
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`Exhibit 1310 14/15
`
`

`
`DOCKET NO.: REMB—0109
`
`PATENT
`
`Application N0.: 12/543,910
`Notice of N0n—C0mpliant Amendment Dated: March 10, 2011
`Office Action Dated: September 1, 2010
`
`REMARKS
`
`The Notice ofNon—Compliant Amendment dated March 10, 201 1 indicates that new
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`claim 123, as submitted in Applicant’s amendment/response dated March 1, 2011, contained
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`improper markings. In the claim listing submitted herewith, this informality in claim 123 has
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`been corrected. Applicant respectfully requests that the corrected claim listing above replace
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`the claim listing contained in the response dated March 1, 2011.
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`/Michael A. Koptiw/
`Michael A. Koptiw
`Registration No. 57,900
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`Date: March 10, 201 1
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`Woodcock Washburn LLP
`Cira Centre
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`2929 Arch Street, 12th Floor
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`Philadelphia, PA 19104-2891
`Telephone: (215) 568-3100
`Facsimile: (215) 568-3439
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`Page 15 of 15
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`Exhibit 1310 15/15