`
`UNITHI) STATES PATENT ANI) TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF CONTIVIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 23313-1450
`www.u5pto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`24374
`
`7590
`
`05/31/2012
`
`VOLI’E AND KOEN 1G, l’.C..
`DEPT. ICC
`UNITEDPLAZA
`
`30 SOUTH 17TH S'I‘REH'I‘
`PHILADELPHIA, PA 19103
`
`EXAMINER
`
`TAYLOR, BARRYW
`
`2617
`
`DATE MAIL-ED: 05/31/2012
`
`
`
`
`
` {FST NAMED INVENTOR
`APPLICATION NO.
`FILING DATE
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`12/615,098
`11/09/2009
`Thomas E. Gorsuch
`TAN—2—1493US05
`TITLE OF INVENTION: DUAL MODE UNIT FOR SHORT RANGE, HIGH RATE AND LONG RANGE, LOWER RATE DATA COMMUNICATIONS
`
` APPLN. TYPE SMALL ENTITY ISSUE FEE DUE PUBLICATION FEE DUE PREV. PAID ISSUE FEE TOTAL FEE(S) DUE DATE DUE
`nonprovisional
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`$3 00
`$2040
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`
`
`
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`
`
`
`
`
`
`
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAI’V’IINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
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`PTOL—85 (Rev. 02/11)
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`Page 1 of3
`
`Microsoft Corporation
`
`Exhibit 1018-00001
`
`Microsoft Corporation
`
`

`

`PART B - FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: My il Mail Stop ISSUE FEE
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`appropriate. All further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current corres ondence address as
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`E ADDRESS" for
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`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block | fol any change of nddless)
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`24374
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`7590
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`05/31/2012
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`VOLPE AND KUENIG, Pf?"
`DEPT ICC
`'
`'
`UNITED PLAZA
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`Note: A certificate of [nailiu can only be used for ClOIIICSllC [mailings of [he
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`transmitted to the USPTO (571) 273—2885. on the date indicated below.
`
`
`
`
`
`
`
`(Depositor's name)
`(Signature)
`(Date)
`
`TAN—2—1493US05
`Thomas E. Gorsuch
`11/09/2009
`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
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`$3 00
`
`$0
`
`$2040
`
`08/3 1/2012
`
`455—553100
`
`nonprovisional
`
`NO
`
`TAYLOR. BARRY W
`
`$ 1740
`
`2617
`
`1. Change of correspondence address or indication of "Fee Address" (37
`Cl-‘R 1.363).
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`
`
`3 Chan e ofcorrespondence address (or Change of Correspondence
`Address orm PTO/SB/ 122) attached.
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`3 "Fee Address" indication (or "Fee Address" Indication form
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`If an assignee is identified below. the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below. no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
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`Please check the appropriate assignee category or categories (will not be printed on the patent) :
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`OMB 0651-0033
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`US. Patent and Trademark Office; lf.S. DEPAR'I'MENT OF (TOM MERCE
`
`Microsoft Corporation
`
`Exhibit 1018-00002
`
`Microsoft Corporation
`
`

`

`
`
`UNI'I'HI) S'I'A'I'HS PA'I'HN'I' AND TRADHM ARK OFFICH
`
`UNITED STATES DEPARTMENT OF CONHVIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 23313-1450
`www.u5pto.gov
`
`
`12/615098
`11/09/2009
`Thomas E. Go1such
`TAN7 1493USOS
`
`VOLI’E AND KUENIG, l’.(,‘..
`DEPT. ICC
`UNITEDPLAZA
`
`30 SOUTH 17'1‘11 S'I‘REH'I'
`PHILADELPHIA, PA 19103
`
`TAYLOR, BARRYW
`
`2617
`
`DATE MAILED: 05/3 112012
`
`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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`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
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`PTOL-ss (Rev. 02/11)
`
`Page 3 of 3
`
`Microsoft Corporation
`
`Exhibit 1018-00003
`
`Microsoft Corporation
`
`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (PL. 93-579) requires that you be given certain information in connection with
`your submission of the attached form related to a patent application or patent. Accordingly, pursuant to
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`
`Microsoft Corporation
`
`Exhibit 1018-00004
`
`Microsoft Corporation
`
`

`

`
`
`Notice of Aliowabiiity
`
`Application No.
`
`Applicant(s)
`
`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 MERITS 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. El 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.
`
`3. IXI The allowed claim(s) is/are 14-11 and 14-48.
`
`5
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a) D All
`
`b) I] Some*
`
`0) El None
`
`of the:
`
`1. D Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No.
`
`
`
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* 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 DONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. El A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO—152) which gives reason(s) why the oath or declaration is deficient.
`
`6. El CORRECTED DRAWINGS ( as “replacement sheets") must be submitted.
`(a) El including changes required by the Notice of Draftsperson's Patent Drawing Review( PTO-948) attached
`
`1) El hereto or 2) El
`
`to Paper No./Mal| Date _
`
`(b) I:I including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| 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. El 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. El Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. El Information Disclosure Statements (PTO/SB/OS),
`
`Paper No./Mai| Date
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application
`
`6. El Interview Summary (PTO-413),
`Paper No./Mai| 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
`
`U.S. Patent and Trademark Of‘lice
`PTOL-37 (Rev. 03-11)
`
`Notice of Allowability
`
`Part of Paper No./Mai| Date 20120516
`
`Microsoft Corporation
`
`Exhibit 1018-00005
`
`Microsoft Corporation
`
`

`

`Application/Control Number: 12/615,098
`
`Page 2
`
`Art Unit: 2617
`
`DETAILED ACTION
`
`Allowable Subject Matter
`
`1.
`
`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).
`
`Microsoft Corporation
`
`Exhibit 1018-00006
`
`Microsoft Corporation
`
`

`

`Application/Control Number: 12/615,098
`
`Page 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 5pm.
`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
`proceeding should be directed to the Group 2600 receptionist Whose telephone number is
`(57 1) 272—2600, the 2600 Customer Service telephone number is (57 1) 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
`more information about the PAIR system, see http://pair—direct.uspto. gov. Should you
`
`have 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
`deliveries must be made to the Customer Service Window (now located at the Randolph
`Building, 401 Dulany Street, Alexandria, VA 22314), and facsimile transmissions must
`be sent to the central fax number (571-273-8300).
`
`/ Barry W Taylor/
`
`Primary Examiner, Art Unit 2617
`
`Microsoft Corporation
`
`Exhibit 1018-00007
`
`Microsoft Corporation
`
`

`

`Application/Control Number: 12/615,098
`
`Page 4
`
`Art Unit: 2617
`
`Microsoft Corporation
`
`Exhibit 1018-00008
`
`Microsoft Corporation
`
`

`

`
`
`Application/Control No.
`
`12/615098
`Examiner
`
`BARRY TAYLOR
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`GORSUCH. THOMAS E.
`Art Unit
`
`2617
`
`Page 1 0“
`
`Notice of References Cited
`
`Document Number
`Country CodesNumbersKind Code
`
`Date
`MM-YYYY
`
`Classification
`
`>
`
`US-5.577.033
`
`11-1996
`
`Chang et al.
`
`370/402
`
`cc9'39”
`
`C q)
`
`—
`I—
`I—
`
`*A copy of this reference is not being furnished with this Of'lice action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`US. Patent and Trademark Oflice
`
`PTO-892 (Rev. 01 -2001)
`
`Notice ot References Cited
`
`Part of Paper No. 20120516
`
`Microsoft Corporation
`
`Exhibit 1018-00009
`
`
`‘P‘Pq’q’q’qj‘fq‘fjfin
`ccccccccc
`
`
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`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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`- .
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`—I
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`Microsoft Corporation
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`

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`Application/Control No.
`Issue Classification 12615098
`
`Applicant(s)/Patent Under Reexamination
`GORSUCHTHOMAS E.
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`|III"I“IIIIHIII"I“III II
`
`BARRY TAYLOR
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`2617
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`ORIGINAL
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`553.1
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`CROSS REFERENCE(S)
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`SUBCLASS (ONE SLIBCLASS PER BLOCK)
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`455
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`INTERNATIONAL CLASSIFICATION
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`_IIII—
`I—IIII—
`I—IIII—
`—IIII—
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`El
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`Claims renumbered in the same order as presented by applicant
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`
`(Assistant Examiner)
`/BARRY TAYLOR/
`Primary ExaminerArt Unit 2617
`
`Total Claims Allowed:
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`44
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`05/1612012
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`0.6:. Print Claim(s)
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`0.6:. Print Figure
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`(Primary Examiner)
`US. Patent and Trademark Office
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`(Date)
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`1
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`6
`Part of Paper No. 20120516
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`Microsoft Corporation
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`Exhibit 1018-00010
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`Microsoft Corporation
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`

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`
`
`Application/Control No.
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`Search NOtes
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`12615098
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`Applicant(s)/Patent Under
`Reexamination
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`GORSUCH, THOMAS E.
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`
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`
`
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`Examiner
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`Barry W Taylor
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`Art Unit
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`2617
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`SEARCHED
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`——ma_-m_-m
`553.1, 552.1
`10/14/2011
`553.1, 552.1
`5/16/2012
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`
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`SEARCH NOTES
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`—-m_-m
`updated search for parent applicaitons 10/326,809 10/358,082
`7/23/2010
`10/341,528 09/400,136.
`updated search.
`updated search.
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`10/14/2011
`5/16/2012
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`INTERFERENCE SEARCH
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`——m_-m_-m
`_ 5531 5521
`5/16/2012
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`Primary ExaminerArt Unit 2617
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`/BARRY TAYLOR/
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`US. Patent and Trademark Office
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`Part of Paper No.
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`: 20120516
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`Microsoft Corporation
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`Exhibit 1018-00011
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`Microsoft Corporation
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`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPAR’l‘lVLEN T 01“ COMMERCE
`United States Patent and Trademark Ofi'icc
`Address: COMMISSIONER EOR PATENTS
`P O Box I450
`Alexandria Virginia 2231371450
`www usplo gov
`
`APPLICATION NO
`FILING DATE
`FIRST NAMED INVENTOR
`ATTORNEY DOCKET NO
`CONFIRMATION NO
`
`12/615, 098
`11/09/7009
`Thomas E. Gorsuch
`TAN2 1493USOS
`
`VOLPE AND KOENTGTT. —
`DEPT. ICC
`TAYLOR, BARRY W
`UNITED PLAZA
`30 SOUTH 17TH STREET
`PHILADELPHIA, PA 19103
`
`2617
`
`
`
`
`
`02/23/201 1
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`eoffice @ volpe-koenig.c0m
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`PTOL790A (Rev. 04/07)
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`Microsoft Corporation
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`Exhibit 1018-00012
`
`Microsoft Corporation
`
`

`

`
`Application No.
`Applicant(s)
`
`Office Action Summary
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`12/615,098
`
`Examiner
`
`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
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER FROM THE MAILING DATE OF THIS COMMUNICATION.
`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 I6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period WIII apply and Will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months afterthe mailing date ofthis communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37' CFR1.704(b).
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`Status
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`1)IZI Responsive to communication(s) filed on 28 January 2011.
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`a)IZI This action is FINAL.
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`2b)l:l 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 Quay/e, 1935 CD. 11,453 O.G. 213.
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`Disposition of Claims
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`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) _ is/are withdrawn from consideration.
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`5)I:I Claim(s) _ is/are allowed.
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`6)|Z| Claim(s) 12412 and 14-20 is/are rejected.
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`7)l:l Claim(s) _ is/are objected to.
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`8)l:| Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
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`0)IZI The drawing(s) filed on 09 November 2009 isiare: a)IZI accepted or b)I:I objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`MD 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
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`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)D All b)|] Some * C)I:I None of:
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`1.|:| Certified copies of the priority documents have been received.
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`2D Certified copies of the priority documents have been received in Application No. _
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) D Notice of References Cited (PTO-892)
`2) I: Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3)
`Information Disclosure Statement(s) (PTO/SB/Os)
`Paper No(s)/Mai| Date
`.
`U.S. Patent and Trademark Office
`
`4) D Interview Summary (PTO-413)
`Paper N0(S )/Mai| Date. _
`5) I:I Notice of Informal Paieni Application
`)6I:I Other:—
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`PTOL-326 (Rev. 08-06)
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`Office Action Summary
`
`Part of Paper No./Mai| Date 20110216
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`
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`Microsoft Corporation
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`Exhibit 1018-00013
`
`Microsoft Corporation
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`

`

`Application/Control Number: 12/615,098
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`Page 2
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`Art Unit: 2617
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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.
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`1.
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`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).
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`Regarding claim 1. Sainton teaches a subscriber unit comprising:
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`a first transceiver configured to communicate with a first wireless network via a
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`plurality of assigned physical layer channels (abstract, paragraphs 0027-0028, see
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`paragraphs 0039-0040 and 0083 wherein first transceiver can be CDMA and second
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`transceiver can be wireless LAN (i.e. 802.11 as defined in Applicants specification),
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`paragraphs 0081 -0082);
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`a second transceiver configured to communicate with a second wireless network
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`(abstract, paragraphs 0027—0028, see paragraphs 0039—0040 and 0083 wherein first
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`transceiver can be CDMA and second transceiver can be wireless LAN (i.e. 802.11 as
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`defined in Applicants specification), paragraphs 0081-0082); and
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`a processor coupled to the first transceiver and the second transceiver (abstract,
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`paragraphs 0027-0028, see paragraphs 0039-0040 and 0083 wherein first transceiver
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`can be CDMA and second transceiver can be wireless LAN (i.e. 802.11 as defined in
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`Microsoft Corporation
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`Exhibit 1018-00014
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`Microsoft Corporation
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`

`

`Application/Control Number: 12/615,098
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`Page 3
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`Art Unit: 2617
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`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
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`absence of the plurality of assigned physical layer channels.
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`Sainton does not explicitly show the processor configured to maintain a
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`communication session, above a physical layer, with the first wireless network in the
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`absence of the plurality of assigned physical layer channels.
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`The Examiner notes that Applicants have defined “a processor configured to
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`maintain a communication session, with the first wireless network in the absence of the
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`plurality of assigned physical layer channels while communicating packet data with the
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`IEEE 802.11 wireless local area network via the second transceiver”. For example,
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`Applicants generally point to paragraphs 0023 and 0078 (see paper dated 1/28/2011 at
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`page 9 which basically indicates some sort of spoofing (i.e. spoof the terminal into
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`believing that a sufficient wide wireless