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`PARTMENT.~.OF COMMERCE
`UNITED STATE§;
`t and Trademark Office
`United States P
`Address:
`COMMISSIONER OF PATENTS ANDTRADEMARKS
`Washington, D.C. 20231
`
`
`
`
`APPLICATION NO.
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`FILING DATE
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`Please find below and/or attached an Office‘ communication concerning this application or
`proceeding.
`
`Commissioner of Patents and Trademarks
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`Exhibit 1315 01/06
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`Exhibit 1315 01/06
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`
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`_
`_
`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
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`1) Responsive to communication(s) filed on 15 March 1999.
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`2a)I:] This action is FINAL.
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`2b)® This action is non-final.
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`3)l:]
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`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.
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`Disposition of Claims.
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`4) Claim(s) _1_;;:_3 is/are pending in the application.
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`4a) Of the above claim(s) __ is/are withdrawn from consideration.
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`5)® Claim(s) _1_~_2_1 is/are allowed.
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`6) Claim(s) gggzj is/are rejected.
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`7)lZ Claim(s) Q islare objected to.
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`8)I:] Claims ______ are subject to restriction and/or election requirement.
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`Application Papers
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`9)l:I The specification is objected to by the Examiner.
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`‘
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`I
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`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.
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`Priority under 35 U.S.C. § 119
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`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)l:] All b)|:l Some * c)l:l None of:
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`A
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`1.I:l Certified copies of the priority documents have been received.
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`2.1:] Certified copies of the priority documents have been received in Application No. __
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`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
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`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)
`
`.
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`interview Summary (PTO-413) Paper No(s).
`18) CI
`19) CI Notice of Informal Patent Application (PTO-152)
`20) D Other:
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`.
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`Exhibit 1315 02/06
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`
`
`
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`Application/Control Number: 09/205,205 .
`Art Unit: 2631
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`Page 2
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`DETAILED ACTION
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`Drawings
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`1.
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`Figure 2 should be designated by a legend such as «Prior Art-~ because only that which is
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`old is illustrated. See MPEP § 608.02(g).
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`Claim Objections
`Claim 22 is objected to because ofthe following informalities: “a second tribiitary
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`2.
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`transceivers” on line 3 should be changed to another name, for a suggestion, “a first tributary
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`transceiver”, in order to be distinguishable from “a second tributary transceiver” on lines 1 and 2.
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`Appropriate correction is required.
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`Claim Rejections ~ 35 USC § 102
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`3.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`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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`3,
`1
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`(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.
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`4.
`
`Claims 23-28 are rejected under 35 U.S.C. 102(e) as being anticipated by Polley et al
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`(5,999,563).
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`As per claim 23, see figures 2a and 5a, and col. 9, line 16 to col. 10, line 52. Polley et al
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`discloses a system as claimed wherein the system comprises: a first transceiver (210) (see figure
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`2a) capable of transmitting and receiving a plurality of modulation methods (see col. 10, lines
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`40-51); and a second transceiver (220) (see figure 2a) capable of transmitting and receiving said
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`plurality of modulation methods.
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`Exhibit 1315 03/06
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`Exhibit 1315 03/06
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`
`
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`Application/Control Number: 09/205,205
`Art Unit: 2631
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`
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`Page 3
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`As per claim 24, Polley et al further discloses that said plurality of modulation methods is
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`selected from a group consisting (QAM, CAP, DMT, FSK and PAM) (see col. 10, lines 40-51).
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`As per claim 25, see figures 2a and 5a, and col. 9, line 16 to col. 10, line 52. Polley et al
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`discloses a master system (220) (see figure 2a), as claimed, wherein the system comprises a
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`logic (530, 150) (see figure 5a) configured to enable the system to communicate over the multi-
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`point communication system using a plurality of modulation methods (see col. 10, lines 40-51).
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`As per claim 27, see figures 2a and 5a, and col. 9, line 16 to col. 10, line 52. Polley et al
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`discloses a remote system (210) (see figure 2a), as claimed, wherein the system comprises a
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`logic (530, 150) (see figure 5a) configured to enable the system to communicate over the multi-
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`point communication system using a plurality of modulation methods (see col. 10, lines 40-51).
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`. Claims 26 and 28 are rejected with the same reason set forth for claim 24.
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`Allowable Subject Matter
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`Claims 1-21 are allowed over prior art of record.
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`Claim 22 would be allowable if rewritten to overcome the objection, set forth in this
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`5.
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`6.
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`Office action.
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`Conclusion
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`7.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. References Polley et al (5,999,563), Pasternak et al (5,936,949), Beach (6,067,297)
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`and Cheng (5,563,883) are cited because they are pertinent to transceivers for use in a multipoint
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`communication system. However, none of prior art of record teaches or suggests a method or a
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`system with limitations as recited in independent claims 1, 8, 11, 14, 17, 20 and 21.
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`Exhibit 1315 04/06
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`Exhibit 1315 04/06
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`
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`Application/Control Nu_Ir1berM:'i09/205,205
`Art Unit: 2631
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`.
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`I/xv.‘
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`A
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`7
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`Page 4
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`8.
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`Any inquiry concerning this communication or earlier communications from the-
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`examiner should be directed to Phuong Phu whose telephone number is 703-308-0158. The
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`examiner can normally be reached on M-F (8:30—6:00) First Monday Off.
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`If attempts to reach the examiner by telephone are unsuccessfiil, the examiner’s
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`supervisor, Chi Pham can be reached on 703-305-4378. The fax phone numbers for the
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`organization where this application or proceeding is assigned are 703-872-9314 for regular
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`communications and 703-872-9314 for After Final communications.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the receptionist whose telephone number is 703-305-4700.
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`Phuong Phu
`Examiner
`Art Unit 2631
`
`Phuong Phu
`June 27, 2001
`
`Exhibit 1315 05/06
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`Exhibit 1315 05/06
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`
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`
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`PAEE 1 OF 1
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`GROUP ART
`UNtT
`2531
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`ATTACHMENT
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`TO PAPER NO.
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`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
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`I W Ms
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`SUB-
`
`FILING
`
`U.S. PATENT DOCUMENTS
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`_
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`._
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`_
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`5,999,563
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`5,936,949
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`12/1999
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`08/1999
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`6,067,297
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`05/2000
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`5,563,883
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`10/1996
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`Poliey et al
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`Pasternak et al
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`Beach
`
`Cheng
`
`,
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`D
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`E F G
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`H I J K
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`El DOCUMENT NO.
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`DATE
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`COUNTRY
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`NAME
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`CLASS
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`CSLl,Jf§;'s
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`FOREIGN PATENT DOCUMENTS
`
`OTHER REFERENCES (Including Author, Title, Date, Pertinent Pages, Etc.)
`
`L O
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`'UOZ§
`Exhibit 1315 06/06
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`EXAMTNER
`
`DATE
`
`Phuong Phu
`
`June 19, 2001
`* A r~nn\I nf fhic rofnrnnnn ic nnf hainn fur-nichnrl uuifh Hnic nffina anfinn
`
`Form892ccs2106b
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`Exhibit 1315 06/06