`
`ZTE Corporation and ZTE (USA) Inc.
`
`
`
`UNITED STATES I)EI’:\RTlVIENT OF COIVIMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`A1c.\a.nLl1'ia, Vir;:,in.ia 23313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`24374
`
`7590
`
`05/31/2012
`
`VOLPE AND KOENIG, l’.(’.‘..
`DEPT. ICC
`UNITED PLAZA
`30 SOUTH 17TH S'l'REH'l'
`PHILADELPHIA, PA 19103
`
`EXAMINER
`
`TAYLOR. BARRYW
`
`2617
`
`DATE MAILED: 05/3 l/2012
`
`APPLICATION NO.
`
`FILING DATE
`
`F {ST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`TAN-2- 1493US05
`Thomas E. Gorsuch
`11/09/2009
`12/615 .098
`T|'I'I_.E OF INVENTION: DUAL MODE UNIT FOR SHORT RANGE, HIGH RATE AND LONG RANGE, LOWER RATE DATA COMMUNICATIONS
`
`9856
`
`APPLN. TYPE
`
`SMALL ENTITY
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`ISSUE FEE DUE
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`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
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`TOTAL FEE(S) DUE
`
`DATE DUE
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`nonprovisional
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`NO
`
`$ 1740
`
`$300
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`$0
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`$2040
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`08/31/2012
`
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`a
`t
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`ISSUE FEE t
`H‘; V,
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`V at" '
`V
`t}.mr§%3Tte.i EL mi USPTO 2371") 273-2885, Jn t1§§°5atL i)nd:iceiJtled Eéifiw. M1“ 6
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`CITRRENT C‘ORRI:.SPONT)FNC‘I:. AT)T)RI:.S§ (Note: Use Block I fol any eliniigeof nddiess)
`
`24374
`
`7590
`
`05/3112012
`
`V(’)[_JP]:f AND }, P_C_
`DEPT ICC
`' D’
`30 SOUTH 17TH STREET
`PHILADELPHIA, PA 19103
`
`APPLICATION NO.
`
`FILING DATE
`
`F {ST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`TAN—2— l493US05
`Thomas E. Gorsuch
`1 1/09/2009
`12/615,093
`TITLE OF INVENTION: DUAL MODE UNIT FOR SHORT RANGE, HIGH RATE AND LONG RANGE, LOWER RATE DATA COMMUNICATIONS
`
`9356
`
`APPLN. TYPE
`
`SMALL ENTITY
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`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisioiial
`
`NO
`
`EXAMINER
`
`TAYLOR, BARRY W
`
`$1740
`
`ART UNIT
`
`2617
`
`$3 00
`
`$0
`
`$2040
`
`08/3 11'201 2
`
`CLASS-SUBCL/\SS
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`455-553 100
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`2 [h
`f
`. gl
`f.
`(h
`. g
`b
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`PTOL-85 (Rev. ()2/11) Approved for use through [)81'3l1'2()13.
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`OMB 0651-()()33
`
`U.S. Patent and Trademark Office; lf.S. DHPARTMHNT OF (TOM MI-<lR(lH
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00002
`
`
`
`UNI I HI) S I A I HS P/\ I HN I AND ITR/\|)|iM/\RK ()1-‘I-‘ICE
`
`UNITED STATES T)ET’:\RTlVIENT OF COMIVIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`A1L;xa.I1Ll1'ia, Vir;:,in.ia 23313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`EILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/615,098
`
`11/09/2009
`
`Thomas E. Gorsuch
`
`TAN-2- 1493USOS
`
`9856
`
`24374
`
`7590
`
`05/3112012
`
`VOLPE AND KOENIG, P.(’,‘..
`DEPT. ICC
`UNITED PLAZA
`30 SOUTH l7'l'l-l S'I'REH'l'
`PHILADELPHIA, PA 19103
`
`EXAMINER
`
`TAYLOR. BARRYW
`
`2617
`
`DATE MAILED: 05/3l."2012
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 0 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
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`
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`
`PT()l.-85 (Rev. 02/11)
`
`Page 3 of 3
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00003
`
`
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain infor111ation in connection with
`your submission of the attached form related to a patent application or patent. Accordingly, pursuant to
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`information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the
`principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process
`and/or examine your submission related to a patent application or patent. If you do not furnish the
`requested information, the U.S. Patent and Trademark Office may not be able to process andlor examine
`your submission, which may result in termination of proceedings or abandonment of the application or
`expiration of the patent.
`
`The information provided by you in this for111 will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom
`of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). Records from this system of
`records may be disclosed to the Department of Justice to determine whether disclosure of these
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`5. A record related to an lnternational Application filed under the Patent Cooperation Treaty in this
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`Intellectual Property Organization. pursuant to the Patent Cooperation Treaty.
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`
`8. A record from this system of records may be disclosed, as a routine use. to the public after either
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`law enforcement agency, if the USl’TO becomes aware of a violation or potential violation of law or
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`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00004
`
`
`
`Application No.
`
`Applicant(s)
`
`Of
`
`12/615,098
`Examiner
`
`GORSUCH, THOMAS E.
`Art Unit
`
`BARRY TAYLOR
`
`2617
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address"
`All claims being allowable, PROSECUTION ON THE IVIERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IXI This communication is responsive to T.D. 4/20/2012.
`
`2. I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`the restriction requirement and election have been incorporated into this action.
`
`5
`
`3. IXI The allowed cIaim(s) is/are 14-11 and 14-48.
`
`4. I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`
`a) I:I All
`
`b) I:I Some*
`
`c) I:I None
`
`of the:
`
`1. I:I Certified copies of the priority documents have been received.
`
`2. I:I 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( )).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABAN DOl\IMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. I:I A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAl\/||NER’S AIVIENDIVIENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO—152) which gives reason(s) why the oath or declaration is deficient.
`
`6. I:I CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) I:I including changes required by the Notice of Draftsperson's Patent Drawing Review( PTO-948) attached
`
`1) El hereto or 2) D to Paper No./Mall Date
`
`(b) I:I including changes required by the attached Examiner's Amendment.’ Comment or in the Office action of
`Paper No./Mail Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`7. |:| DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. IX Notice of References Cited (PTO—892)
`
`2. I:I Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. I:I Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`4. I:I Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. I:I Notice of Informal Patent Application
`
`6. El Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`7. El Examiner's Amendment/Comment
`
`8. IX Examiner's Statement of Reasons for Allowance
`
`9. El Other
`
`.
`
`/Barry W Taylor/
`Primary Examiner, Art Unit 2617
`
`US. Patent and Trademark Ofiice
`PTOL-37 (Rev. 03-11)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20120516
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00005
`
`
`
`pp ication
`
`ontro umer: 12 615,098
`
`Art Unit: 2617
`
`DETAILED ACTION
`
`Allowable Subject Matter
`
`The following is an examiner's statement of reasons for allowance.
`
`Applicants in filing the terminal disclaimer has overcome an actual or provisional
`
`rejection based on a nonstatutory double patenting ground provided the conflicting
`
`application or patent (U.S. Patent 6,526,034) is shown to be commonly owned with this
`
`application. The subject matter claimed in the instant application is fully disclosed in the
`
`patent (U.S. Patent 6,526,034) and is covered by the patent since the patent and
`
`application claim common subject matter.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`Conclusion
`
`2.
`
`Prior art of record (5,577,033) Chang et al teaches in a Local Area Network
`
`environment wherein a channel manager monitors traffic on the physical channel and
`
`during periods when there is no traffic, the channel manager disconnects the physical
`
`channel while maintain the logical channel. When new datagram traffic begins, the
`
`channel manager will reassign a physical channel. During this process a physical
`
`channel is described as being suspended and later resumed in order to release
`
`bandwidth on demand (col. 7 lines 51 -62).
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00006
`
`
`
`pp ication
`
`ontro um er: 12 615,098
`
`age 3
`
`Art Unit: 2617
`
`However, Chang et al is not strictly limited to a method and subscriber unit
`
`comprising: a cellular transceiver configured to communicate with a cellular wireless
`
`network via a plurality of assigned physical channels; an IEEE 802.11 transceiver
`
`configured to communicate with an IEEE 802.11 wireless local area network; and a
`
`processor configured to maintain a communication session with the cellular wireless
`
`network in an absence of the plurality of assigned physical channels while the IEEE
`
`802.11 transceiver communicates packet data with the IEEE 802.11 wireless local area
`
`network as recited in independent claims 1, 11 and depicted in figure 6.
`
`Any inquiry concerning this communication or earlier communications from the
`3.
`examiner should be directed to Barry W. Taylor, telephone number (571) 272-7509, who
`is available Monday—Thursday, 6:30am to Spin.
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`supervisor, Lester Kincaid, can be reached at (571) 272-7922. The central facsimile
`phone number for this group is 571-273-8300.
`Any inquiry of a general nature or relating to the status of this application or
`roceeding should be directed to the Group 2600 receptionist whose telephone number is
`(571) 272-2600, the 2600 Customer Service telephone number is (571) 272-2600.
`Information regarding the status of an application may be obtained from the
`Patent Application Information Retrieval (PAIR) system. Status information for
`published applications may be obtained from either Private PAIR or Public PAIR. Status
`information for unpublished applications is available through Private PAIR only. For
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`
`ave questions on access to the Private PAIR system, Contact the Electronic Business
`Center (EEC) at 866-217-9197 (toll-free).
`
`Centralized Delivery Policy: For patent related correspondence, hand carry
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`be sent to the central fax number (571-273-8300).
`
`/ Barry W Taylor/
`
`Primary Examiner, Art Unit 2617
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00007
`
`
`
`o umer: 12/615,098
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`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00008
`
`
`
`Notice of References Cited
`
`Application/Control No.
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`13515-098
`Examiner
`
`BARRY TAYLOR
`U.S. PATENT DOCUMENTS
`
`App|icant(s)/Patent Under
`Reexamination
`GORSUCH THOMAS E.
`Art Unit
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`2617
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`Page 1 °H
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`Document Number
`Country Code—Number—Kind Code
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`Date
`MM-YYYY
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`J>
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`US-5.577.033
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`11-1996
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`Chang et al.
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`Classification
`370/402
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`C C.”
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`<: C.”
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`<: C.”
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`<: C.”
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`C C.”
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`<: C.”
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`c: C”
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`c: C”
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`c: C”
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`c: C”
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`c: C”
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`c: C”
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`Document Number
`Country Code—Number—Kind Code
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`Date
`NIM-YYYY
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`Country
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`FOREIGN PATENT DOCUMENTS
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`Classification
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`NON-PATENT DOCUMENTS
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`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
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`*A copy of this reference is not being furnished with this Oflice action. (See MPEP § 707.U5(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`U.S. Patent and Trademark Oflice
`
`PTO-892 (Rev. U1-2001)
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`Notice of References Cited
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`Part of Paper No. 20120516
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`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00009
`
`
`
`Issue Classification 12615098
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`GORSUCH THOMAS E.
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`Application/Control No.
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`Applicant(s)/Patent Under Reexamination
`
`Hlllllllllllllllllllllllllllllllll W
`
`BARRY TAYLOR
`
`2617
`
`ORIGINAL
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`553.1
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`SUBCLASS
`
`CLAIMED
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`NON-CLAIMED
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`INTERNATIONAL CLASSIFICATION
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`———_
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`CROSS REFERENCE(S)
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`SUBCLASS (ONE SUBCLASS PER BLOCK)
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`Claims renumbered in the same order as presented by applicant
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`IIIIIIIIIIIIIIIIIUIIIIIIIIIIIIII
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`O ‘U>
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`IZI
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`7' P
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`Original
`‘
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`Final
`
`Original
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`Final
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`Original
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`Final
`
`Original
`
`Final
`
`Original
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`Final
`
`Original
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`Final
`
`Original
`
`Final
`
`Original
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`00\I
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`IUIUIU00DJ—‘-
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`\lU7
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`I'\JI'\JI'\Jl\J—|-O
`
`L05.-J->5.-J
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`03DJ
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`-J>no
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`Total Claims Allowed:
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`44
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`05/1612012
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`O.G. Print C|aim(s)
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`O.G. Print Figure
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`(Date)
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`1
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`5
`Part of Paper No. 20120516
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00010
`
`l\Jl\J00\I
`In(0
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`
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`
`(Assistant Examiner)
`/BARRY TAYLOR/
`Primary Examiner.Art Unit 2617
`
`(Primary Examiner)
`U.S. Patent and Trademark Office
`
`
`
`Search NOTES
`
`Application/Control No.
`
`12615098
`
`Examiner
`
`Barry W Taylor
`
`Applicant(s)/Patent Under
`Reexamination
`
`GORSUCH, THOMAS E.
`
`Art Unit
`
`2617
`
`SEARCHED
`
` -Ei
`553.1, 552.1
`10/14/2011
`553.1, 552.1
`5/16/2012
`
`SEARCH NOTES
`
`-
`updated Search for parent applicaitons 10/326,809 10/358,082
`7/23/2010
`BWT
`10/341,528 09/400,136.
`updated Search.
`updated search.
`
`10/14/2011
`5/16/2012
`
`INTERFERENCE SEARCH
`
` -31-0
`553.1, 552.1
`5/16/2012
`
`/BARRY TAYLOR/
`Primary Examiner.Art Unit 2617
`
`U.S. Patem and Trademark Office
`
`Par1 of Paper No.
`
`: 20120516
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00011
`
`
`
`UN ITHI) ST/\ I HS P/\ I HNT AND TRAl)|~,M/\RK OFFICTF,
`
`LIN lTL‘.D STATl_<‘.S lJl_<‘.PAR'l‘lVl.|_<‘.N T OF (_‘.0lVl_\'l.|;‘.R(_‘.l_<‘.
`United States Patent and Trademark Office
`Address: COMMISSIONER EOR PATENTS
`P O Box I450
`Alexandria, Virginia 2231} 1450
`www nsplo gov
`
`APPLICATION NO.
`
`EILING DATE
`
`EIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONPIRMATION NO.
`
`12/615,098
`
`11/09/2009
`
`Thomas E. Gorsuch
`
`TAN—2—l493USO5
`
`9856
`
`02/23/2011
`
`24374
`7590
`mpg AND K(JENIG,P.C.
`DEPT_ ICC
`UNITED PLAZA
`30 soum mm mm
`PHILADELPHIA, PA 19103
`
`TAYLOR, BARRY W
`
`2617
`
`*ICATION DATE
`
`DELIVERY MODE
`
`02/23.1201 l
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on aboVe—indicated "Notification Date" to the
`following e—mail address(es):
`
`eoffice @ Volpe-k0enig.c0m
`
`PTOL—90A (Rev. 041'O7)
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00012
`
`
`
`Office Action Summary
`
`Application No.
`
`App|icant(s)
`
`12/615,098
`
`Examine,
`
`Barry W. Taylor
`
`GORSUCH, THOMAS E.
`
`Art Unit
`
`2617
`
`-- The MAILING DA TE 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) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COI\/IMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period WIII apply and WIII 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 L|.S.C. § 133).
`Any reply received by the Office later than three months afterthe mailing date ofthis communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37' CFR1.704(b).
`
`Status
`
`1)IXI Responsive to communication(s) filed on 28 January 2011.
`
`2a)IXI This action is FINAL.
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`2b)[:I This action is non—final.
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`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11,453 O.G. 213.
`
`Disposition of Claims
`
`4)IZ Claim(s) 124-12 and 14-20 is/are pending in the application.
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`4a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`1 2 4-12 and 14-20 is/are rejected.
`
`is/are objected to.
`
`are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)I:I The specification is objected to by the Examiner.
`
`10)IZI The drawing(s) filed on 09 November 2009 is/are: a)IZI accepted or b)|:I objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`11)D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
`
`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(
`
`) or (f).
`
`a)D All b)|] Some * c)D None of:
`
`1.|:I Certified copies of the priority documents have been received.
`
`2.D 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( )).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) D Notice of References Cited (PTO-892)
`2) CI Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3)
`Information Disclosure S1atement(s) (PTO/SB/O8)
`Paper |\|o(s)/Mail Date
`.
`U.S. Patent and Trademark Office
`
`4) D Interview Summary (PTO-413)
`Paper N°(~‘3)/Mail D313 S -
`5) I:I Notice of informal Patent Application
`6) D Other:
`.
`
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20110216
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00013
`
`
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`1.
`
`Claims 1-2, 4-7, 9-12, 14-17 and 19-20 are rejected under 35 U.S.C. 103(a) as
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`being unpatentable over Sainton et al (2008/0274767 hereinafter Sainton) in view of
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`Kumaki et al (2002/0191562 hereinafter Kumaki) or Lemilainen (7,502,626).
`
`Regarding claim 1. Sainton teaches a subscriber unit comprising:
`
`a first transceiver configured to cornmunicate with a first wireless network via a
`
`plurality of assigned physical layer channels (abstract, paragraphs 0027-0028, see
`
`paragraphs 0039-0040 and 0083 wherein first transceiver can be CDMA and second
`
`transceiver can be wireless LAN (i.e. 802.11 as defined in Applicants specification),
`
`paragraphs 0081-0082);
`
`a second transceiver configured to communicate with a second wireless network
`
`(abstract, paragraphs 0027-0028, see paragraphs 0039-0040 and 0083 wherein first
`
`transceiver can be CDMA and second transceiver can be wireless LAN (i.e. 802.11 as
`
`defined in Applicants specification), paragraphs 0081-0082); and
`
`a processor coupled to the first transceiver and the second transceiver (abstract,
`
`paragraphs 0027-0028, see paragraphs 0039-0040 and 0083 wherein first transceiver
`
`can be CDMA and second transceiver can be wireless LAN (i.e. 802.11 as defined in
`
`ZTE Corporation and ZTE (USA) Inc.
`
`Exhibit 1018-00014
`
`
`
`pp ication
`
`ontro umer: 12 615,098
`
`Art Unit: 2617
`
`Applicants specification), paragraphs 0081-0082), and configured to maintain a
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`communication session, above a physical layer, with the first wireless network in the
`
`absence of the plurality of assigned physical layer channels.
`
`Sainton does not explicitly show the processor configured to maintain a
`
`communication session, above a physical layer, with the first wireless network in the
`
`absence of the plurality of assigned physical layer channels.
`
`The Examiner notes that Applicants have defined “a processor configured to
`
`maintain a communication session, with the first wireless network in the absence of the
`
`plurality of assigned physical layer channels while communicating packet data with the
`
`IEEE 802.11 wireless local area network via the second transceiver”. For example,
`
`Applicants generally point to paragraphs 0023 and 0078 (see paper dated 1/28/2011 at
`
`page 9 which basically indicates some sort