throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Confirmation N0. 7364
`
`) )
`
`) )
`
`) )
`
`This Amendment and Response was
`electronically filed on June 1, 2010 using
`)
`) EFS—Web.
`
`) )
`
`) )
`
`) ) ) ) ) )
`
`Application No.
`
`11/726,397
`
`Filed:
`
`March 20, 2007
`
`Applicants:
`
`Tim Speight
`
`Title: WIRELESS COMMUNICATION SYSTEM,
`APPARATUS FOR SUPPORTING DATA
`FLOW AND METHODS THREFOR
`
`Art Unit:
`
`2617
`
`Examiner:
`
`Charles Terrell Shedrick
`
`Attorney Docket:
`
`9010/96634 (06-0010)
`
`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 two-month extension of
`
`time in the above-captioned application, up to and including May 29, 2010, to make this
`
`reply timely (this reply being filed on June 1, 2010, the first business day following May 29,
`
`2010).
`
`In response to the Office Action mailed December 29, 2009, please amend the above-
`
`captioned patent application as follows:
`
`Amendments to the Abstract begin on page 2 of this paper;
`
`Amendments to the Claims reflected in the listing of claims beginning on page 3 of
`
`this paper; and
`
`Remarks beginning on page 12 of this paper.
`
`Page 1 of 16
`
`ERICS SON EXHIBIT 1013
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`AMENDMENTS TO THE ABSTRACT
`
`Please amend the Abstract as follows:
`
`An 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 comprises a scheduler €4%8)—located in the network, wherein
`
`the scheduler buffers a TCP data segment for downlink (DL) transmission. A transmitter is
`
`arranged to transmit the buffered TCP data segment to the UE; wherein the message
`
`indicates an allocation of DL resources plus sufficient uplink resources to transfer a stand-
`
`alone ACK data segment 630}. In this manner, for example in large bulk data transfer cases,
`
`a reduced latency may be achieved that may lead to improved throughput, due to the fact that
`
`the overall throughput may be limited by the window size (i.e. number of unacknowledged
`
`segments) rather than the throughput possible across the air interface.
`
`Page 2 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`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 eguipment (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 count; and
`
`a transmitter arranged to transmit
`
`the buffered TCP data segment
`
`to the user
`
`equipment (UE) in a message that [ ] indicates an allocation of DL
`
`resources plus sufficient uplink resources to transfer ‘th_e [a] stand-alone ACK data segment.
`
`2.
`
`3.
`
`(Cancelled)
`
`(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.
`
`Page 3 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`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 a downlink (DL) message comprising a TCP data
`
`segment;
`
`processing logic, operably coupled to the receiver and arranged to process the DL
`
`message to identify an allocation of DL resources plus sufficient uplink (1) 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
`
`of a number of data segments transmitted to the wireless subscriber communication unit; and
`
`a transmitter arranged to transmit ‘th_e [a] stand-alone ACK data segment in response
`
`to the 1 [downlink] 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.
`
`Page 4 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`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.
`
`(Currently Amended) The wireless subscriber communication unit of Claim 6
`
`wherein the [apparatus] wireless subscriber communication unit is arranged to operate in a
`
`time division duplex code division multiple access cellular communication system.
`
`11.
`
`(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‘
`
`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 count; and
`
`transmitting the buffered TCP data segment to the wireless subscriber communication
`
`unit within a message; wherein the message indicates an allocation of DL resources plus
`
`sufficient Q [u-pl-i-nk] resources to transfer ‘th_e [a] stand-alone ACK data segment [f1=em—the
`
`.
`
`1
`
`I
`
`.1
`
`.
`
`.
`
`. ]-
`
`12.
`
`(Cancelled)
`
`Page 5 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`13.
`
`(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:
`
`receiving a downlink (llmessage comprising a TCP data segment;
`
`processing the 1 [downlink] message;
`
`identifying an allocation of 1 [down-1-ink] resources plus sufficient uplink (1)
`
`
`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 of a number of data segments transmitted to the wireless subscriber
`
`communication unit; and
`
`transmitting the stand-alone ACK data segment in response to the 1 [ ]
`
`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.
`
`Page 6 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`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 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:
`
`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 the count; and
`
`transmitting the buffered TCP data segment to the wireless subscriber communication
`
`unit within a message; wherein the message indicates an allocation of DL resources plus
`
`sufficient 1 [u-pl-i-nk] resources to transfer ‘th_e [a] stand-alone ACK data segment [fi=em—the
`
`.
`
`1
`
`I
`
`.1
`
`.
`
`.
`
`. ]-
`
`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:
`
`Page 7 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`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 count; and
`
`a transmitter arranged to transmit the buffered TCP data segment to the wireless
`
`subscriber communication unit [ ] in a message that [
`
`message] indicates an allocation of [ ] DL [)] resources plus sufficient uplink (UL)
`
`resources to transfer ‘th_e [a] stand-alone [ ] ACK [)] data segment.
`
`21.
`
`(Cancelled)
`
`22.
`
`(Currently Amended) The wireless communication system of Claim 20 wherein the
`
`[ ] wireless subscriber communication unit comprises [ ]:
`
`a receiver arranged to receive the [ ] DL [)] message comprising ‘th_e [a]
`
`transfer communication protocol (TCP) data segment;
`
`processing logic, operably coupled to the receiver and arranged to process the DL
`
`message to identify an allocation of DL resources plus sufficient uplink resources to transfer
`
`‘th_e [a] stand-alone acknowledgement (ACK) data segment; and
`
`a transmitter arranged to transmit ‘th_e [a] stand-alone ACK data segment in response
`
`to the DL 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 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`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 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 the count; and
`
`transmitting the buffered TCP data segment to the wireless subscriber communication
`
`unit within a message; wherein the message indicates an allocation of DL resources plus
`
`sufficient Q [u-pl-i-nk] resources to transfer ‘th_e [a] stand-alone ACK data segment [f1=em—the
`
`.
`
`1
`
`I
`
`.1
`
`.
`
`.
`
`. ]-
`
`26.
`
`(Currently Amended) An apparatus, comprising:
`
`logic for buffering a transfer communication protocol
`
`(TCP) data segment for
`
`downlink (DL) transmission to a wireless subscriber communication unit; and
`
`logic for counting a number of data segments transmitted to the wireless subscriber
`communication unit‘
`
`Page 9 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`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 the count; and
`
`logic for transmitting the buffered TCP data segment to the wireless subscriber
`
`communication unit within a message; wherein the message indicates an allocation of DL
`
`resources plus sufficient Q [u-pli-nk] resources to transfer ‘th_e [a] stand-alone ACK data
`
`segment[ ].
`
`27.
`
`(Currently Amended) An apparatus, comprising:
`
`a memory;
`
`a processor coupled to the memory; and
`
`program code executable on the processor, the program code operable for:
`
`receiving a downlink (l)_message comprising a transfer communication protocol
`
`(TCP) data segment;
`
`processing the 1 [downlink] message;
`
`identifying an allocation of 1 [ ] resources plus sufficient uplink (Q)
`
`
`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 of a number of data segments transmitted to the wireless subscriber
`
`communication unit; and
`
`transmitting the stand-alone ACK data segment in response to the 1 [ ]
`
`message.
`
`28.
`
`(Currently Amended) An apparatus, comprising:
`
`logic for receiving a downlink (l)_message comprising a transfer communication
`
`protocol TCP data segment;
`
`logic for processing the 1 [down-1-ink] message;
`
`Page 10 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`logic for identifying an allocation of 1 [downlink] resources 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 of a number of data segments transmitted to the wireless subscriber
`
`communication unit; and
`
`logic for transmitting the stand-alone ACK data segment in response to the 1
`
`[downlink] message.
`
`Page 11 ofl6
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`REMARKS
`
`Claims 1-7 and 9-28 were pending.
`
`By Virtue of this response, Claims 1, 6, 10, 11, 15, 19-20, 22 and 25-28 are amended.
`
`Claim 12 is cancelled.
`
`Therefore, Claims 1-7, 9-11 and 13-28 are presently pending.
`
`Amendment and cancellation of certain claims is not to be construed as a dedication
`
`to the public of any of the subject matter of the claims as previously presented.
`
`No new matter is added.
`
`Objections to the Specification
`
`The Examiner has objected to the Abstract, specifically stating, “Please address
`
`reference to FIG. 5.” Pursuant to this amendment we have deleted the reference numerals
`
`that appeared in the Abstract and hence there are no longer any direct or indirect references
`
`to the figures, including FIG. 5.
`
`Objections to the Claims
`
`The Examiner has objected to Claim 1, noting that the expression “the message”
`
`appears without proper antecedent basis. Pursuant to this response we have amended this
`
`expression to read instead as “a message.” We thank the Examiner for having noted this
`
`informality and for having afforded this opportunity to make this correction.
`
`Re°ections under 35 U.S.C.
`
`101
`
`The Examiner rejected claim 19 under 35 U.S.C. 101. Pursuant to this response we
`
`have amended claim 19 to now read: “A tangible 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.” We
`
`Page 12 of 16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`respectfully submit that claim 19 is now fully compliant with the requirements of 35 U.S.C.
`
`101 and is in suitable condition to support examination and allowance.
`
`Claim Rejection under 35 U.S.C § 103121] of Claims 1-28.
`
`On page 3 of the Office Action, Claims 1-28 are rejected under 35 USC § 103(a) as
`
`being unpatentable over Kakani (US Patent Pub. No. 2005/0054347 A1) (“Kakani”) in View
`
`of Speight et al. (WO2005/002148 A1) (“Speight”). Applicants are traversing this rejection.
`
`Each of independent Claims 1, 11, 19, 20, 25 and 26 recites “... [counting]
`
`a
`
`number of data segments transmitted to the UE [wireless subscriber communication unit],
`
`[allocating] uplink (UL)
`
`resources
`
`for
`
`supporting a transmission of a stand-alone
`
`acknowledgement (ACK) data segment from the UE [wireless subscriber communication
`
`unit] in response to the count”.
`
`Each of independent Claims 6, 15, 27 and 28 recites “. .. [processing] the DL message
`
`to identify an allocation of DL resources 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 of a number
`
`of data segments transmitted to the wireless subscriber communication unit ...”.
`
`The Office Action suggests that Kakani discloses each of the features of Claim 1, 6,
`
`11, 15, 19, 20, 22, 25-28, other than the feature of “buffering the TCP data segment for
`
`downlink transmission”.
`
`The Office Action then suggests that these features are disclosed in Speight, from an
`
`analogous art, citing page 2, lines 24-27, and suggesting that “assuming the highest rate
`
`services are provided in the downlink, this means that larger buffering is likely to be required
`
`in the network node”.
`
`The Office Action then suggests that it would have been obvious to modify Kakani
`
`for the purpose, since buffering is needed to achieve the highest download rate in the
`
`network as taught by Speight.
`
`Page 13 of16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`In particular, the Office Action suggests that Kakani discloses, in paragraphs [0040]
`
`and [0042], “counting a number of data segments transmitted to the wireless subscriber
`
`communication unit, and 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 count”.
`
`A skilled person understands that Kakani teaches in paragraphs [0040] and [0042] a
`
`method that assumes that there is a balance between uplink and downlink TCP traffic and,
`
`thus, estimates the amount of uplink TCP traffic by assuming that it is of a similar size to the
`
`amount of downlink traffic.
`
`It is respectfully observed that the mention of “count” in
`
`paragraph [0042] of Kakani has been taken out of context, as this paragraph indicates that a
`
`CV field of an uplink packet provides an indication of a number of uplink RLC blocks
`
`stored in the MS and awaiting transmission.
`
`Hence, any suggestion that Kakani discloses,
`
`in paragraph [0042], “counting a
`
`number of [DL] data segments transmitted to the wireless subscriber communication unit,
`
`and allocating uplink (UL) resources for supporting a transmission of a stand-alone
`
`acknowledgement (A CK) data segment from the wireless subscriber communication unit in
`
`response to the count” of Claim 1 is technically incorrect.
`
`Of particular note from paragraph [0041] of Kakani
`
`is that Kakani discloses an
`
`”acknowledgement being sent in every packet”. Thus, Kakani explicitly fails to disclose any
`
`mechanism or consideration of transmitting stand-alone ACK data segments as specified in
`
`at least certain of our claims and thereby fails to disclose allocating sufficient UL resources
`
`to support such stand-alone ACK data segments.
`
`Accordingly, we respectfully submit that no combination of Kakani with Speight will
`
`match the recitations of our claims (at least in these regards) and hence independent claims 1,
`
`6, 11, 15, 19, 20, 22, 25-28 are allowable over these references.
`
`Page 14 of 16
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`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`Dependent claims 2-5, 7, 9-10, 13-14, 16-18 and 21-24
`
`For at least the reason that Claims 2-5, 7, 9-10, 13-14, 16-18 and 21-24 each depend
`
`from an allowable independent Claim, Claims 2-5, 7, 9-10, 13-14, 16-18 and 21-24 are also
`
`allowable. While the applicant believes that other arguments are available to highlight the
`
`allowable subject matter presented in various ones of these dependent claims, the applicant
`
`also believes 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. Applicants
`
`respectfully request
`
`reconsideration and allowance of Claims 2-5, 7, 9-10, 13-14, 16-18 and 21-24.
`
`In summary, none of the references disclose or suggest a mechanism for providing a
`
`more efficient use of bandwidth, particularly UL bandwidth in transmitting ACK messages
`
`in response to allocated DL resource,
`
`in a communication system employing TCP.
`
`Furthermore, none of the references disclose or suggest a use of a counter in the network to
`
`count a number of data segments transmitted to a UE/wireless subscriber communication unit
`
`in order to allocate sufficient UL resources to accommodate transmission of a stand-alone
`
`ACK data segment by the UE, as required by the claims. This allows the network to control
`
`when and how often ACK messages are to be sent
`
`from the wireless
`
`subscriber
`
`communication unit and thereby provide a more efficient use of bandwidth.
`
`For at least these reasons, the prior art references, alone or combined, do not teach or
`
`suggest all the claim limitations for Claims 1-7 and 9-11, 13-28.
`
`Accordingly, Applicant respectfully requests reconsideration and allowance of Claims
`
`1-7 and 9-11, 13-28.
`
`CONCLUSION
`
`The case is believed to be in condition for allowance and notice to such effect is
`
`respectfully requested.
`
`If the Examiner should have any other points of concern,
`
`the
`
`Page 15 of16
`
`

`
`U.S. Patent Application No. 11/726,397
`Amendment and Response Dated June 1, 2010
`Office Action Mailed December 29, 2009
`
`Attorney Docket No. 9010/96634 (06-0010)
`
`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:
`
`Junel 2010
`
`120 South LaSalle Street, Suite 1600
`
`Chicago, Illinois 60603-3406
`Telephone (312) 577-7000
`Facsimile (312) 577-7007
`
`Page 16 of 16

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