IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Confirmation N0. 7364
`
`This Amendment And Response was
`electronically filed on February 18,
`2011 using EFS-Web.
`
`Application No. 11/726,397
`
`Filed:
`
`March 20, 2007
`
`Applicants:
`
`Timothy J. Speight
`
`Title: WIRELESS COMMUNICATION SYSTEM,
`APPARATUS FOR SUPPORTING DATA
`
`FLOW AND METHODS THEREFOR
`
`Art Unit:
`
`2617
`
`Examiner:
`
`Charles Terrell Shedrick
`
`Attorney Docket:
`
`9147-96634-US
`
`Customer No.:
`
`22242
`
`Mail Stop AMENDMENT
`Commissioner for Patents
`
`P. O. Box 1450
`
`Alexandria, Virginia 22313-1450
`
`AMENDMENT AND RESPONSE
`
`Sir:
`
`Applicants hereby petition under 37 CFR § 1.136(a) for a three-month extension of
`
`time in the above-captioned application, up to and including February 18, 2011, to make
`
`this reply timely.
`
`In response to the Office Action mailed August 18, 2010, please amend the above-
`
`captioned patent application as follows:
`
`Amendments to the Claims reflected in the listing of claims beginning on page 2
`
`of this paper; and
`
`Remarks begin on page 12 of this paper.
`
`Page 1 of 14
`
`ERICSSON EXHIBIT 1012
`
`€€€€€€€€€€€€€€€€€€€
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`AMENDMENTS TO THE CLAIMS
`
`This listing of claims will replace all prior Versions, and listings, of claims in the
`
`application:
`
`Listing of Claims:
`
`1.
`
`(Currently amended) Apparatus for use in allocating resource in a wireless
`
`communication system employing transfer communication protocol (TCP) based data
`
`transfer between a network and a wireless subscriber communication unit, the apparatus
`
`comprising:
`
`a scheduler located in the network, wherein the scheduler buffers a TCP data
`
`segment for downlink (DL) transmission to user equipment (UE);
`
`counting logic operably coupled to the scheduler and arranged to count a number of
`
`data segments transmitted to the UE, wherein the scheduler is arranged to allocate uplink
`
`(UL) resources for supporting a transmission of a stand-alone acknowledgement (ACK)
`
`data segment from the UE in response to the counting logic counting a predetermined
`
`number of data segments; and
`
`a transmitter arranged to transmit the—bJc to the user
`
`equipment (UE) [[in]] an allocation message that indicates an allocation of DL resources
`
`and then to transmit to the user eguipment the buffered TCP data segment on the allocated
`
`DL resources, wherein when the counting logic has counted the predetermined number of
`
`data segments the allocation message indicates an allocation of plus—su-f-f-ieient uplink
`
`resources sufficient to transfer the stand-alone ACK data segment.
`
`2.
`
`(Cancelled)
`
`Page 2 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`3.
`
`(Previously Presented) The apparatus of Claim 1 wherein the apparatus is
`
`located in a radio access network that comprises the scheduler arranged to allocate
`
`resources to a plurality of UEs.
`
`4.
`
`(Previously Presented) The apparatus of Claim 1 wherein the apparatus is a
`
`communication unit arranged to operate in a 3rd Generation Partnership Project (3GPP)
`
`cellular communication system.
`
`5.
`
`(Previously Presented) The apparatus of Claim 1 wherein the apparatus is
`
`arranged to operate in a time division duplex code division multiple access cellular
`
`communication system.
`
`6.
`
`(Currently amended) A wireless subscriber communication unit for use in
`
`acknowledging an allocation of resource in a wireless communication system employing
`
`transfer communication protocol (TCP) based data transfer between a network and the
`
`wireless subscriber communication unit,
`
`the wireless subscriber communication unit
`
`comprising:
`
`a receiver arranged to receive an allocation a—downl+i-nle(DL—) message
`
`eemprising @a TCP data segment;
`
`processing logic, operably coupled to the receiver and arranged to process the
`
`DI: allocation message to identify an allocation of DL resources to receive the TCP data
`
`segment plus sufficient uplink (UL) resources to transfer a stand-alone acknowledgement
`
`(ACK) data segment, where the allocation of UL resources to support transmission of the
`
`stand-alone ACK data segment
`
`is based on a count performed in the network of a
`
`predetermined number of data
`
`segments
`
`transmitted to
`
`the wireless
`
`subscriber
`
`communication unit; and
`
`Page 3 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`a transmitter arranged to transmit the stand-alone ACK data segment in
`
`response to the 191: message.
`
`7.
`
`(Previously Presented) The wireless subscriber communication unit of Claim
`
`6 wherein the wireless subscriber communication unit immediately transmits the stand-
`
`alone ACK data segment in the allocated UL resources following processing the downlink
`
`message.
`
`8.
`
`9.
`
`(Cancelled).
`
`(Previously Presented) The wireless subscriber communication unit of Claim
`
`6 wherein the wireless subscriber communication unit is arranged to operate in a 3rd
`
`Generation Partnership Project (3GPP) cellular communication system.
`
`10.
`
`(Previously presented) The wireless subscriber communication unit of Claim
`
`6 wherein the wireless subscriber communication unit is arranged to operate in a time
`
`division duplex code division multiple access cellular communication system.
`
`ll.
`
`(Currently amended) A method for allocating resource in a wireless
`
`communication system employing transfer communication protocol (TCP) based data
`
`transfer between a network and a wireless subscriber communication unit, the method
`
`comprising:
`
`buffering a TCP data segment for downlink (DL) transmission to the wireless
`
`subscriber communication unit; and
`
`counting a number of data segments transmitted to the wireless subscriber
`
`communication unit;
`
`Page 4 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`allocating uplink (UL) resources for supporting a transmission of a stand-
`
`alone acknowledgement (ACK) data segment from the wireless subscriber communication
`
`unit in response to the counting step having counted at least a predetermined number of the
`
`data segments; and
`
`first transmitting to the wireless subscriber
`
`communication unit within—a an allocation message[[§]] wherein the message indicates an
`
`allocation of DL resources, and then transmitting to the wireless subscriber communication
`
`unit the buffered TCP data segment on the allocated DL resources, wherein when the count
`
`of the data segments at least eguals the predetermined number of the data segments the
`
`allocation message indicates an allocation of plus suffieient UL resources sufficient to
`
`transfer the stand-alone ACK data segment.
`
`12.
`
`13.
`
`(Cancelled)
`
`(Previously Presented) The method for allocating resource of Claim 11
`
`wherein the method is applied in a 3rd Generation Partnership Project (3GPP) cellular
`
`communication system.
`
`14.
`
`(Previously Presented) The method for allocating resource of Claim 11
`
`wherein the method is applied in a time division duplex code division multiple access
`
`cellular communication system.
`
`15.
`
`(Currently amended) A method for acknowledging an allocation of resource
`
`in a wireless communication system employing transfer communication protocol (TCP)
`
`based data transfer between a network and a wireless subscriber communication unit, the
`
`method comprising:
`
`Page 5 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`receiving&d an allocation message @ eomprising a TCP data
`
`segment;
`
`processing the DI: allocation message;
`
`identifying an allocation of DL resources to receive the TCP data segment
`
`plus sufficient uplink (UL) resources to transfer a stand-alone acknowledgement (ACK)
`
`data segment, where the allocation of UL resources to support transmission of the stand-
`
`alone ACK data segment is based on a count performed in the network of a predetermined
`
`number of data segments transmitted to the wireless subscriber communication unit; and
`
`transmitting the stand-alone ACK data segment
`
`in response to the DI:
`
`allocation message.
`
`16.
`
`(Original) The method for acknowledging an allocation of resource Claim 15
`
`wherein the step of transmitting the stand-alone ACK data segment in the allocated UL
`
`resources is performed immediately following the step of processing and identifying.
`
`17.
`
`(Previously Presented) The method for acknowledging an allocation of
`
`resource of Claim 15 wherein the method is applied in a 3rd Generation Partnership Project
`
`(3GPP) cellular communication system.
`
`18.
`
`(Previously Presented) The method for acknowledging an allocation of
`
`resource of Claim 15 wherein the method is applied in a time division duplex code division
`
`multiple access cellular communication system.
`
`19.
`
`(Currently amended) A tangible non-transitory computer program product
`
`having
`
`executable program code stored therein for allocating resource in a wireless
`
`communication system, the program code operable for when executed at a communication
`
`unit:
`
`Page 6 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`buffering a TCP data segment for downlink (DL) transmission to a wireless
`
`subscriber communication unit; and
`
`counting a number of data segments transmitted to the wireless subscriber
`
`communication unit;
`
`allocating uplink (UL) resources for supporting a transmission of a stand-
`
`alone acknowledgement (ACK) data segment from the wireless subscriber communication
`
`unit in response to when the count of the data segments at least eguals a predetermined
`
`number of the data segments; and
`
`first transmitting t-he—bJc to the wireless subscriber
`
`communication unit
`
`an allocation message Q indicates an
`
`allocation of DL resources and then transmitting to the wireless subscriber communication
`
`unit the buffered TCP data segment on the allocated DL resources, wherein when the count
`
`of the data segments at least eguals the predetermined number of the data segments the
`
`allocation message indicates an allocation of plus—su+ffieient UL resources sufficient to
`
`transfer the stand-alone ACK data segment.
`
`20.
`
`(Currently amended) A wireless communication system comprising a radio
`
`access network facilitating communication to a plurality of wireless
`
`subscriber
`
`communication units, the wireless communication system comprising:
`
`a scheduler located in the network, wherein the scheduler buffers a transfer
`
`communication protocol (TCP) data segment for downlink (DL) transmission to a wireless
`
`subscriber communication unit; and
`
`counting logic operably coupled to the scheduler and arranged to count a
`
`number of data segments transmitted to the UE, wherein the scheduler is arranged to
`
`allocate uplink (UL)
`
`resources
`
`for
`
`supporting a
`
`transmission of a
`
`stand-alone
`
`acknowledgement (ACK) data segment from the UE in response to the counting logic
`
`counting a predetermined number of data segments eount; and
`
`Page 7 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`a transmitter arranged to transmit the—bJc to the
`
`wireless subscriber communication unit
`
`in an allocation message that
`
`indicates an
`
`allocation of DL resources and then to transmit to the wireless subscriber communication
`
`unit the buffered TCP data segment on the allocated DL resources, wherein when the
`
`counting logic has counted the predetermined number of data segments the allocation
`
`message indicates an allocation of plus—suffieient uplink (UL) resources sufficient to
`
`transfer the stand-alone ACK data segment.
`
`21.
`
`22.
`
`(Cancelled)
`
`(Currently amended) The wireless communication system of Claim 20
`
`wherein the wireless subscriber communication unit comprises:
`
`a receiver arranged to receive the DI: allocation message eemprising @the
`
`transfer communication protocol (TCP) data segment;
`
`processing logic, operably coupled to the receiver and arranged to process the
`
`DI: allocation message to identify an allocation of DL resources to receive the TCP data
`
`segment plus sufficient uplink resources to transfer the stand-alone acknowledgement
`
`(ACK) data segment; and
`
`a transmitter arranged to transmit the stand-alone ACK data segment in
`
`response to the DI: allocation message.
`
`23.
`
`(Previously Presented) The wireless communication system of Claim 20
`
`wherein the wireless communication system is a 3rd Generation Partnership Project (3GPP)
`
`cellular communication system.
`
`Page 8 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`24.
`
`(Previously Presented) The wireless communication system of Claim 20
`
`wherein the wireless communication system is a time division duplex code division
`
`multiple access cellular communication system.
`
`25.
`
`(Currently amended) An apparatus, comprising:
`
`a memory;
`
`a processor coupled to the memory; and
`
`program code stored in the memory and executable on the processor, the
`
`program code operable for:
`
`buffering a transfer communication protocol
`
`(TCP) data segment
`
`for
`
`downlink (DL) transmission to a wireless subscriber communication unit; and
`
`counting a number of data segments transmitted to the wireless subscriber
`
`communication unit;
`
`allocating uplink (UL) resources for supporting a transmission of a stand-
`
`alone acknowledgement (ACK) data segment from the wireless subscriber communication
`
`unit in response to when the count of data segments eguals a predetermined number of data
`
`segments; and
`
`first transmitting$ to the wireless subscriber
`
`communication unit within—a an allocation message%wh Eindicates an
`
`allocation of DL resources and then transmitting to the wireless subscriber communication
`
`unit the buffered TCP data segment on the allocated DL resources, wherein when the count
`
`of data segments at least eguals the predetermined count of data segments the allocation
`
`message indicates an allocation of plus—suffieient UL resources sufficient to transfer the
`
`stand-alone ACK data segment.
`
`26.
`
`(Currently amended) An apparatus, comprising:
`
`Page 9 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`non-transitory logic for buffering a transfer communication protocol (TCP)
`
`data segment for downlink (DL) transmission to a wireless subscriber communication unit;
`
`and
`
`non-transitofl logic for counting a number of data segments transmitted to
`
`the wireless subscriber communication unit;
`
`non-transitory logic for allocating uplink (UL) resources for supporting a
`
`transmission of a stand-alone acknowledgement (ACK) data segment from the wireless
`
`subscriber communication unit
`
`in response to when the count of the number of data
`
`segments at least eguals a predetermined number of data segments; and
`
`non-transitog logic for transmitting t-he—bJc to the
`
`wireless subscriber communication unit within—a an allocation message ;—Whe1=e+n—the
`
`message that indicates an allocation of DL resources and for then transmitting to the
`
`wireless subscriber communication unit the buffered TCP data segment on the allocated DL
`
`resources, wherein when the count of the number of data segments at least eguals the
`
`predetermined number of data segments the allocation message indicates an allocation of
`
` UL resources sufficient to transfer the stand-alone ACK data segment.
`
`27.
`
`(Currently amended) An apparatus, comprising:
`
`a memory;
`
`a processor coupled to the memory; and
`
`program code stored in the memog and executable on the processor, the
`
`program code operable for:
`
`receiving a—dewn«l-inle(DL—) an allocation message eomprising Ea transfer
`
`communication protocol (TCP) data segment;
`
`processing the DJ: allocation message;
`
`identifying an allocation of DL resources to receive the TCP data segment
`
`plus sufficient uplink (UL) resources to transfer a stand-alone acknowledgement (ACK)
`
`Page 10 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`data segment, where the allocation of UL resources to support transmission of the stand-
`
`alone ACK data segment is based on a count performed external to the apparatus of a
`
`predetermined number of data
`
`segments
`
`transmitted to
`
`the wireless
`
`subscriber
`
`communication unit; and
`
`transmitting the stand-alone ACK data segment
`
`in response to the DI:
`
`allocation message.
`
`28.
`
`(Currently amended) An apparatus, comprising:
`
`non-transitog logic for receiving a—do=as=n-l-i-nle6DL—) allocation message
`
`eemprising @a transfer communication protocol TCP data segment;
`
`non-transitofl logic for processing the DI: allocation message;
`
`non-transitory logic for identifying an allocation of DL resources to receive
`
`the TCP data segmenet plus sufficient uplink (UL) resources to transfer a stand-alone
`
`acknowledgement (ACK) data segment, where the allocation of UL resources to support
`
`transmission of the stand-alone ACK data segment is based on a count performed external
`
`to the apparatus of a predetermined number of data segments transmitted to the wireless
`
`subscriber communication unit; and
`
`non-transitory logic for transmitting the stand-alone ACK data segment in
`
`response to the DI: allocation message.
`
`Page ll of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`REMARKS
`
`In the Office Communication mailed August 18, 2010 as entered in the
`
`above-captioned matter, claims 19, 26, and 28 were rejected under 35 U.S.C. 101 and claims
`
`1, 3-7, 9-11, 13-20, and 22-28 were rejected under 35 U.S.C. 103(a) given Kakani (US Patent
`
`Pub. No. 2005/0054347) (“Kakani”) in view of Speight et al. (WO 2005/002148) (“Speight”)
`
`and further in View of Tierney et al. (US Patent Pub. No. 2005/0138243) (“Tiemey”). We
`
`respectfully traverse these rejections and request reconsideration.
`
`Rejections under 35 U.S.C. 101
`
`Claims 19, 26, and 28 were rejected under 35 U.S.C. 101. We have amended
`
`these claims to specify that the “computer program product” of claim 19 and the “logic” of
`
`claims 26 and 28 are “non-transitory.” We respectfully submit that these claims now clearly
`
`meet the limited requirements of 35 U.S.C. 101.
`
`Rejections under 35 U.S.C. 103
`
`Claims 1, 3-7, 9-11, 13-20, and 22-28 were rejected under 35 U.S.C. 103(a)
`
`given Kakani in view of Speight and further in view of Tierney. Of these, claims 1, 6, ll, 15,
`
`19, 20, and 25-28 are independent claims.
`
`Kakani teaches an approach where uplink resources are allocated for use by a
`
`user equipment based on an estimation of future uplink transmissions by the user equipment.
`
`Kakani bases this estimation on a simple assumption — that if an acknowledgement signal is
`
`sent to the user equipment, a further data block will also be received from the user equipment.1
`
`Speight teaches an approach to effect flow control in a transmit buffer.
`
`Tierney, in turn, teaches an approach where, in a fairly simplistic manner, data
`
`segments are counted.
`
`None of these references teach the concept of transmitting allocation messages
`
`that include an indication of both uplink and downlink resources allocated to a user equipment.
`
`1 See, for example, Kakani at paragraph 0031.
`
`Page 12 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`Furthermore, these references lack any suggestion of transmitting such allocation messages
`
`when a count of data segments at least equals some predetermined count.
`
`Kakani might be viewed as disclosing,
`
`in general
`
`terms,
`
`the concept of
`
`allocating uplink resources for transmitting TCP data from a user equipment to a network.
`
`Kakani lacks, however, any teaching of how the allocation information might be transmitted to
`
`the user equipment. And certainly Kakani lacks any recognition that it might be advantageous
`
`to transmit both uplink and downlink allocation information in a same message.
`
`The present amendments to the independent claims present limitations specific
`
`in these regards. Claim 1, for example, reads in relevant part as follows:
`
`[A] transmitter arranged to transmit to the user equipment (UE) an allocation
`
`message that indicates an allocation of DL resources and then to transmit to the
`
`user equipment the buffered TCP data segment on the allocated DL resources,
`
`wherein when the counting logic has counted the predetermined number of data
`
`segments the allocation message indicates an allocation of uplink resources
`
`sufficient to transfer the stand-alone ACK data segment.
`
`The claimed approach enables
`
`reducing the latency associated with
`
`acknowledging downlink TCP messages by allocating uplink resources for acknowledging
`
`the receipt of downlink data segments at the same time as allocating downlink resources for
`
`transmitting the data segments.
`
`By way of illustration, compare our FIG. 3 with FIG. 5 to see that at least
`
`two messages (i.e., uplink resource request 340 and downlink resource request 345) as are
`
`typically required using prior art approaches are eliminated pursuant to our new message
`
`flow. These messages can be eliminated because the uplink resource allocation, if you will,
`
`piggybacks on the downlink resource allocation message. This beneficial result is made
`
`possible by our inventive recognition that in systems employing TCP, the uplink resource
`
`allocation required to acknowledge the transmission of the downlink data segments can be
`
`predicted by counting the number of data segments transmitted to the user equipment.
`
`Page 13 of 14
`
`

`
`U.S. Patent Application No. 11/726,397
`AMENDMENT AND RESPONSE dated February 18, 2011
`Reply to Office Action of August 18, 2010
`
`Attorney Docket No. 9147-96634-US
`
`As the references of record neither disclose nor hint at such a possibility or
`
`result, we respectfully submit
`
`that
`
`the independent claims are not fairly viewed as
`
`representing an obvious combination of these references.
`
`Dependent claims 2-5, 7-10, 12-14, 16-18, and 21-24
`
`These claims are all ultimately dependent upon one of the independent
`
`claims shown above to be allowable. While we believe that other arguments are available to
`
`highlight the allowable subject matter presented in various ones of these dependent claims,
`
`we also believe that the comments set forth herein regarding allowability of the independent
`
`claims are sufficiently compelling to warrant present exclusion of such additional points for
`
`the sake of brevity and expedited consideration.
`
`Conclusion
`
`There being no other objections to or rejections of the claims,
`
`the Applicants
`
`respectfully submit that claims 1-28 are allowable over the references of record and may be
`
`passed to allowance. If the Examiner should have any other points of concern,
`
`the
`
`Examiner is expressly invited to contact the undersigned by telephone to discuss those
`
`concerns and to seek an amicable resolution.
`
`Respectfully submitted,
`
`FITCH, EVEN, TABIN & FLANNERY
`
`Steven G. Parmelee
`
`Registration No. 28,790
`
`Dated:
`
`Februag 18, 2011
`
`120 South LaSalle Street, Suite 1600
`Chicago, Illinois 60603-3406
`Telephone (312) 577-7000
`Facsimile (312) 577-7007
`
`Page 14 of 14