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`HE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In Re Application of: .
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`Bremer
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`Serial No.: 09/205,205
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`Filed: 12/O4/98
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`Group Art Unit: 2631
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`Examiner: P. Phu
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`Docket No. 61606-1770
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`For:
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`System And Method Of Communication Via‘
`Embedded Modulation
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`I hereby certify that this correspondence is being deposited
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`with the United States Postal Service as first class mail,
`postage prepaid,
`in an envelope addressed to: Assistant
`Commissioner for Patents, Washington D.C. 20231, on
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`Signature
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`FIRST AMENDMENT AND RESPONSE
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`Assistant Commissioner for Patents
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`Washington, D.C. 20231
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`Sir:
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`2500
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`The Office Action mailed June 28, 2001 (Paper No. 4) has been carefully
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`considered.
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`In response thereto, please enter the following amendments and consider the
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`following remarks.
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`AUTHORIZATION TO DEBIT ACCOUNT
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`A is not believed that extensions of time or fees for net addition of claims are
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`required, beyond those which may otherwise be provided for in documents accompanying
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`this paper. However, in the event that additional extensions of time are necessary to allow
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`consideration of this paper, such extensions are hereby petitioned under 37 CFR. §
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`Exhibit 1316 01/09
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`Exhibit 1316 01/09
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`1.l36(a), and any fees required therefor (including fees for net addition of claims) are
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`hereby authorized to be charged to Paradyne Corporation’s Deposit Account No. 16-0255.
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`ANIENDNIENTS
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`Please amend the application as indicated hereafter.
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`In the Claims
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`/P
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`lease cancel claims 27 and 28 without prejudice.
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`4ease substitute the following clean copy text for the pending claims ofthe same
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`number.
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`22. (Once Amende A computer readable medium having a program for
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`controlling a second tributary tansceiver using a secondary modulation method in a
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`multipoint communication syst '
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`mmunication system including a firsttfibutary
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`transceiver using a prim , mo
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`a
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`ethod for communication and a master
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`transceiver, saidprogramcomprisi
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`first logic configured to receive i ormation transmitted using said secondary
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`modulation method; and
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`second logic configured to ignore tran issions on said communication medium
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`using said primary modulation method.
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`Exhibit 1316 02/09
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`Exhibit 1316 02/09
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`23. (Once Amended) A multi-point communication system, comprising:
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`a first transceiver capab of transmitting and receiving a plurality of modulation
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`methods; and
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`at least two additiona
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`each being capable of transmitting and
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`receiving at least one of said plur lity
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`dulation methods to the exclusion ofat least
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`one of the modulation methods transmi
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`d and received by the other one of said two
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`transceivers.
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`25. (Once Amended)
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`-. master transceiver for use in a multi—point
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`communication system, comprisi .\ g_
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`logic configured to e able e maste transceiver to communicate over the multi-
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`point communication system usi g a lura ty of modulation methods; and
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`ansceiver to communicate over the
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`east one of the modulation methods to the
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`exclusion of others of said modulation metho s.
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`Exhibit 1316 03/09
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`Exhibit 1316 03/09
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`REMARKS
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`The allowability of claims 1 through 21 is noted with appreciation.
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`In addition,
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`claim 22 has been indicated as being allowable if amended to correct on apparent error
`therein. Accordingly, claim 22 has been amendedlas suggested by the Examiner and it, too,
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`is now allowable.
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`Claims 23 through 28 were rejected under 35 U.S.C. §102(e) as being anticipated by
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`U.S. patent 5,999,563 to Polley er‘ al., with particular reference to Figs. 2a and 5a of the
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`patent as well as column 9, line 16 through column 10, line 52, thereof.
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`In view of the
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`rejection, claims 23, 24, 25, and 26 have been thus indirectly amended and claims 27 and 28
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`have been canceled.
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`It is believed that claims 23 through 26 are now allowable over the
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`reference for the following reasons.
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`Polley et al. shows a system wherein a multi-mode transceiver connects to a second
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`transceiver capable of receiving and transmitting the plurality of modulation methods
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`transmitted and received by the first transceiver. Polley does not describe a multipoint
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`system (as in the present invention) nor in any way describes “embedded modulations” as
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`used in the present invention and as claimed, although’ not in those words. Polley describes
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`a point-to-point—only two modem system in which each modem may host two transceivers
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`(or a single transceiver capable of communicating via one of two modulations) and a rate
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`negotiating means to select which modulation is to be used, such negotiation occurring at
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`the beginning of a communication session. This is completely different from “embedded
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`modulations, which provides for true multipoint communication (a master on two or more
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`tributaries) in which communication with all tributaries occurs during a communication
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`Exhibit 1316 04/09
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`Exhibit 1316 04/09
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`session using two or more modulations.
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`In essence, such an arrangement as shown by
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`Polley et al. is discussed in some detail in the Background of the Invention portion of the
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`present application, see, for example, page 1, lines 19 through 30 and page 2, lines 1
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`through 8. See also, page 5, lines 8 through 30 and page 6, lines 1 through 26. Thus, the
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`Polley et al. disclosure is prior art and is acknowledged as such, although not specifically,
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`and does not disclose a multipoint system as claimed by applicant..
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`The present invention is directed to the use of differing transceivers responsive to
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`different modulation methods to the exclusion of other modulation methods, which clearly
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`is not shown in Polley et al. Accordingly, claim 23 has been amended to call for two
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`. additional transceivers, instead of one, each being capable of receiving and transmitting at
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`least one of the modulation methods of a first transceiver to the exclusion of the modulation
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`method transmitted and received by another one of the transceivers. Clearly, Polley et al.
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`does not disclose such an arrangement and clairn23, as amended, is, therefore, believed to
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`be allowable.
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`M
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`In a similar manner, claim 25 has been amended to include the remote transceiver of
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`claim 27 and the added limitation that the remote transceiver does not transmit and receive
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`all of the modulation methods of the master transceiver. This is apparently not shown or
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`suggested by Polley et al. , hence amended claim 25 is believed to be allowable.
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`In view of the combining of claims 25 and 27, claims 27 and 28 have been canceled
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`without prejudice.
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`The drawings will be amended to include the legend “Prior Art” with Fig. 2. A copy
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`of Fig. 2 marked up with red permanent ink is attached hereto.
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`Exhibit 1316 05/09
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`Exhibit 1316 05/09
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`In View of the foregoing, it is respectfully submitted that all of the claims presently
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`in the case are allowable over the art of record, and favorable action in that regard is
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`earnestly solicited.
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`Respectfully submitted,
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`David P. Kelley; Reg.
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`. 17,420
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`THOMAS, KAYDEN,
`HORSTEMEYER & RISLEY, L.L.P.
`Suite 1750
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`100 Galleria Parkway N.W.
`Atlanta, Georgia 30339
`(770) 933-9500
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`Exhibit 1316 06/09
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`Exhibit 1316 06/09
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`ANNOTATED VERSION OF MODIFIED CLAIMS TO SHOW CHANGES MADE
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`O22. (Once Amended) A computer readable medium having a program for
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`controlling a second tributary transceiver using a secondary modulation method in a
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`multipoint communication system, said communication system including a [second] £1_I‘§_§
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`tributary.[transceivers] transceiver using a primary modulation method for
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`communication and a master transceiver, said program comprising:
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`first logic configured to receive information transmitted using said secondary
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`modulation method; and
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`second logic configured to ignore transmissions on said communication medium
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`using said primary modulation method.
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`23. (Once Amended) A multi-point communication system, comprising:
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`a first transceiver capable oftransmitting and receiving a plurality of modulation
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`methods; and
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`at least [one] t\_y_q additional [transceiver] transceivers, each being capable of
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`transmitting and receiving at least one of said plurality of modulation methods[.] to the
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`exclusion of at least one of the modulation methods transmitted and received by the other
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`one of said two transceivers.
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`Exhibit 1316 07/09
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`Exhibit 1316 07/09
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`25; (Once Amended) A master transceiver for use in a multi-point
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`communication system, comprising:
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`logic configured to enable the master transceiver to communicate over the multi-
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`point communication system using a plurality of modulation methods[.] ; and
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`a remote transceiver comgrising:
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`a logic config_1;_red to enable the remote transceiver to communicate over the
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`multi-point communication system using at least one of the modulation methods to the
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`exclusion of others of said modulation methods.
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`Exhibit 1316 08/09
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`Exhibit 1316 08/09
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`f
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`.62
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`Exhibit 1316 09/09
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`Exhibit 1316 09/09