I
`
`
`
`V
`
`
`
`
`
`PARTMENT.~.OF COMMERCE
`UNITED STATE§;
`t and Trademark Office
`United States P
`Address:
`COMMISSIONER OF PATENTS ANDTRADEMARKS
`Washington, D.C. 20231
`
`
`
`
`APPLICATION NO.
`
`FILING DATE
`
`SIIIQTT $3‘:
`
`5-i¥IlF«ff:3"l'EC§‘*‘iE~I":'l":5IF~'~f
`
`T N 13
`
`3” 53
`
`53
`
`"i”.‘-‘.!I¥E‘ii?~lf:."w'
`.'§_iC%€3
`
`l=IIi5«‘c"‘r’IEZ|l:";'l‘-.§
`
`ir~iiI!§:€?3TET'iE‘fEF%f
`?~‘:‘L'=ll”~3.f§'=2I¥.«'~,3;’1‘:"‘e"
`€‘~ii:~.f
`
`57-:I§IL,E"z‘
`
`IEi!3iIfI3’;'v‘~.’§»’E.-’:'liEi
`
`1E»%I? if!
`:’~T§‘L..si3‘:i‘=ET'¥"~‘s
`¥3i:3%
`
`Please find below and/or attached an Office‘ communication concerning this application or
`proceeding.
`
`Commissioner of Patents and Trademarks
`
`Exhibit 1315 01/06
`
`Exhibit 1315 01/06
`
`

`
`
`_
`_
`Office Action Summary
`
`Application No.
`
`I09/205,205
`Examiner
`
`Phuong Phu
`
`
`
`Applicant(s)
`
`BREMER,‘GORDON
`A“ Unit
`
`2631
`
`' -- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE Q MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136 (a).
`after SIX (6) MONTHS from the mailing date of this communication.
`It the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`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 it timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`In no event, however, may a reply be timely filed
`
`1) Responsive to communication(s) filed on 15 March 1999.
`
`2a)I:] This action is FINAL.
`
`2b)® This action is non-final.
`
`3)l:]
`
`Since this application is in condition for allowance except forformal 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.
`
`4) Claim(s) _1_;;:_3 is/are pending in the application.
`
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`
`5)® Claim(s) _1_~_2_1 is/are allowed.
`
`6) Claim(s) gggzj is/are rejected.
`
`7)lZ Claim(s) Q islare objected to.
`
`8)I:] Claims ______ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)l:I The specification is objected to by the Examiner.
`
`‘
`
`I
`
`10)|§§ The drawing(s) filed on 04 December 1998 is/are objected to by the Examiner.
`11)I:I The proposed drawing correction filed on __ is: a)I:] approved b)I:l disapproved.
`12)I:I The oath or declaration is objected to by the Examiner.
`
`Priority under 35 U.S.C. § 119
`
`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)l:] All b)|:l Some * c)l:l None of:
`
`A
`
`1.I:l Certified copies of the priority documents have been received.
`
`2.1:] Certified copies of the priority documents have been received in Application No. __
`
`3.I:I 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.
`
`14)® Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e).
`
`machmenqs)
`
`Exhibit 1315 02/06
`
`5) IE Notice of References Cited (PTO—892)
`6) ® Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`37) D information Disclosure Statement(s) (PTO-1449) Paper No(s)
`
`.
`
`interview Summary (PTO-413) Paper No(s).
`18) CI
`19) CI Notice of Informal Patent Application (PTO-152)
`20) D Other:
`
`.
`
`Exhibit 1315 02/06
`
`

`
`
`
`Application/Control Number: 09/205,205 .
`Art Unit: 2631
`
`Page 2
`
`DETAILED ACTION
`
`Drawings
`
`1.
`
`Figure 2 should be designated by a legend such as «Prior Art-~ because only that which is
`
`old is illustrated. See MPEP § 608.02(g).
`
`Claim Objections
`Claim 22 is objected to because ofthe following informalities: “a second tribiitary
`
`2.
`
`transceivers” on line 3 should be changed to another name, for a suggestion, “a first tributary
`
`transceiver”, in order to be distinguishable from “a second tributary transceiver” on lines 1 and 2.
`
`Appropriate correction is required.
`
`Claim Rejections ~ 35 USC § 102
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`3,
`1
`
`(e) the invention was described in a patent granted on an application for patent by another filed in the United
`States before the invention thereof by the applicant for patent, or on an international application by another who
`has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention
`thereof by the applicant for patent.
`
`4.
`
`Claims 23-28 are rejected under 35 U.S.C. 102(e) as being anticipated by Polley et al
`
`(5,999,563).
`
`As per claim 23, see figures 2a and 5a, and col. 9, line 16 to col. 10, line 52. Polley et al
`
`discloses a system as claimed wherein the system comprises: a first transceiver (210) (see figure
`
`2a) capable of transmitting and receiving a plurality of modulation methods (see col. 10, lines
`
`40-51); and a second transceiver (220) (see figure 2a) capable of transmitting and receiving said
`
`plurality of modulation methods.
`
`Exhibit 1315 03/06
`
`Exhibit 1315 03/06
`
`

`
`
`Application/Control Number: 09/205,205
`Art Unit: 2631
`
`
`
`Page 3
`
`As per claim 24, Polley et al further discloses that said plurality of modulation methods is
`
`selected from a group consisting (QAM, CAP, DMT, FSK and PAM) (see col. 10, lines 40-51).
`
`As per claim 25, see figures 2a and 5a, and col. 9, line 16 to col. 10, line 52. Polley et al
`
`discloses a master system (220) (see figure 2a), as claimed, wherein the system comprises a
`
`logic (530, 150) (see figure 5a) configured to enable the system to communicate over the multi-
`
`point communication system using a plurality of modulation methods (see col. 10, lines 40-51).
`
`As per claim 27, see figures 2a and 5a, and col. 9, line 16 to col. 10, line 52. Polley et al
`
`discloses a remote system (210) (see figure 2a), as claimed, wherein the system comprises a
`
`logic (530, 150) (see figure 5a) configured to enable the system to communicate over the multi-
`
`point communication system using a plurality of modulation methods (see col. 10, lines 40-51).
`
`. Claims 26 and 28 are rejected with the same reason set forth for claim 24.
`
`Allowable Subject Matter
`
`Claims 1-21 are allowed over prior art of record.
`
`Claim 22 would be allowable if rewritten to overcome the objection, set forth in this
`
`5.
`
`6.
`
`Office action.
`
`Conclusion
`
`7.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure. References Polley et al (5,999,563), Pasternak et al (5,936,949), Beach (6,067,297)
`
`and Cheng (5,563,883) are cited because they are pertinent to transceivers for use in a multipoint
`
`communication system. However, none of prior art of record teaches or suggests a method or a
`
`system with limitations as recited in independent claims 1, 8, 11, 14, 17, 20 and 21.
`
`Exhibit 1315 04/06
`
`Exhibit 1315 04/06
`
`

`
`
`Application/Control Nu_Ir1berM:'i09/205,205
`Art Unit: 2631
`
`.
`
`I/xv.‘
`
`A
`
`7
`
`Page 4
`
`8.
`
`Any inquiry concerning this communication or earlier communications from the-
`
`examiner should be directed to Phuong Phu whose telephone number is 703-308-0158. The
`
`examiner can normally be reached on M-F (8:30—6:00) First Monday Off.
`
`If attempts to reach the examiner by telephone are unsuccessfiil, the examiner’s
`
`supervisor, Chi Pham can be reached on 703-305-4378. The fax phone numbers for the
`
`organization where this application or proceeding is assigned are 703-872-9314 for regular
`
`communications and 703-872-9314 for After Final communications.
`
`Any inquiry of a general nature or relating to the status of this application or proceeding
`
`should be directed to the receptionist whose telephone number is 703-305-4700.
`
`Phuong Phu
`Examiner
`Art Unit 2631
`
`Phuong Phu
`June 27, 2001
`
`Exhibit 1315 05/06
`
`Exhibit 1315 05/06
`
`

`
`
`
`PAEE 1 OF 1
`
`GROUP ART
`UNtT
`2531
`
`ATTACHMENT
`
`TO PAPER NO.
`
`4
`
`SERIAL NO.
`
`O9/205,205
`APPL|CANT(S)
`
`BREMER, GORDON
`
`
`
`FOR‘l\‘K.',::ET'O-892
`
`
`
`u.s. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`
`NOTICE OF REFERENCES CITED
`
`I W Ms
`
`SUB-
`
`FILING
`
`U.S. PATENT DOCUMENTS
`
`_
`
`._
`
`_
`
`5,999,563
`
`5,936,949
`
`12/1999
`
`08/1999
`
`6,067,297
`
`05/2000
`
`5,563,883
`
`10/1996
`
`Poliey et al
`
`Pasternak et al
`
`Beach
`
`Cheng
`
`,
`
`»=—--
`
`..,........
`
`V4“‘-$‘‘
`
`A.=«——
`
`~==~—
`
`\“"‘5=P'
`
`.......
`
`A
`
`B
`
`‘C
`
`D
`
`E F G
`
`H I J K
`
`
`
`El DOCUMENT NO.
`
`DATE
`
`COUNTRY
`
`NAME
`
`CLASS
`
`CSLl,Jf§;'s
`
`FOREIGN PATENT DOCUMENTS
`
`OTHER REFERENCES (Including Author, Title, Date, Pertinent Pages, Etc.)
`
`L O
`
`'UOZ§
`Exhibit 1315 06/06
`
`EXAMTNER
`
`DATE
`
`Phuong Phu
`
`June 19, 2001
`* A r~nn\I nf fhic rofnrnnnn ic nnf hainn fur-nichnrl uuifh Hnic nffina anfinn
`
`Form892ccs2106b
`
`Exhibit 1315 06/06