PATENT
`
`Group Art Unit: 2631
`
`Examiner: P. Phu
`
`DocketNo. 61606-1770
`
`In Re Application of: .
`
`Bremer
`
`Serial No.: 09/205,205
`
`Filed: 12/04/98
`
`For:
`
`System And Method Of Communication Via
`Embedded Modulation
`
`I hereby certify that this correspondence is being deposited
`with the United States Postal Service as first class mail,
`postage prepaid, in an envelope addressed to: Assistant
`Commissioner for Patents, Washington D.C. 20231, on
`
`Signature
`
`FIRST AMENDMENT AND RESPONSE
`
`Assistant Commissioner for Patents
`Washington, D.C. 20231
`
`Sir:
`
`/
`
`/The Office Action mailed June 28, 2001 (Paper No. 4) has been carefully
`
`considered. In response thereto, please enter the following amendments and consider the
`
`following remarks.
`
`AUTHORIZATION TO DEBIT ACCOUNT
`
`ft is not believed that extensions of time or fees for net addition of claims are
`
`required, beyond those which may otherwise be provided for in documents accompanying
`
`this paper. However, in the event that additional extensions of time are necessary to allow
`
`consideration of this paper, such extensions are hereby petitioned under 37 C.F.R. §
`
`Exhibit 1216 01/09
`
`
`
`Group Art Unit: 2631
`
`Examiner: P. Phu
`
`DocketNo. 61606-1770
`
`In Re Application of: .
`
`Bremer
`
`Serial No.: 09/205,205
`
`Filed: 12/04/98
`
`For:
`
`System And Method Of Communication Via
`Embedded Modulation
`
`I hereby certify that this correspondence is being deposited
`with the United States Postal Service as first class mail,
`postage prepaid, in an envelope addressed to: Assistant
`Commissioner for Patents, Washington D.C. 20231, on
`
`Signature
`
`FIRST AMENDMENT AND RESPONSE
`
`Assistant Commissioner for Patents
`Washington, D.C. 20231
`
`Sir:
`
`/
`
`/The Office Action mailed June 28, 2001 (Paper No. 4) has been carefully
`
`considered. In response thereto, please enter the following amendments and consider the
`
`following remarks.
`
`AUTHORIZATION TO DEBIT ACCOUNT
`
`ft is not believed that extensions of time or fees for net addition of claims are
`
`required, beyond those which may otherwise be provided for in documents accompanying
`
`this paper. However, in the event that additional extensions of time are necessary to allow
`
`consideration of this paper, such extensions are hereby petitioned under 37 C.F.R. §
`
`Exhibit 1216 01/09
`
`
`
`1.136(a), and any fees required therefor (including fees for net addition of claims) are
`
`hereby authorized to be charged to Paradyne Corporation's Deposit Account No. 16-0255.
`
`/_
`
`AMENDMENTS
`
`Please amend the application as indicated hereafter.
`
`In the Claim,~t
`~cancel claims 27 and 28 without prejudice.
`~ase substitute the following clean copy text for the pending claims of the same
`
`1
`
`number.
`
`A computer readable medium having a program for
`
`controlling a second tributary t ansceiver using a secondary modulation method in a
`
`mmunication system including a firsftfibutttry
`
`modulation method; and
`
`second logic configured to ignore tran
`
`issions on said communication medium
`
`using said primary modulation method.
`
`Exhibit 1216 02/09
`
`
`
`23. (Once Amended) A multi-point communication system, comprising:
`
`a first transceiver capab of transmitting and receiving a plurality of modulation
`
`methods; and
`
`at least two additiona ~s ·
`
`each being capable of transmitting and
`
`receiving at least one of said plur\lity
`
`dulation methods to the exclusion ofat least
`
`d and received by the other one of said two
`
`transceivers.
`
`25. (Once Amended) master transceiver for use in a multi-point
`
`transceiver to communicate over the multi-
`
`multi-point communication system
`
`exclusion of others of said modulation metho
`
`Exhibit 1216 03/09
`
`
`
`REMARKS
`
`The allowability of claims 1 through 21 is noted with appreciation. In addition,
`
`claim 22 has been indicated as being allowable if amended to correct on apparent error
`
`therein. Accordingly, claim 22 has been amended as suggested by the Examiner and it, too,
`
`is now allowable.
`
`Claims 23 through 28 were rejected under 35 U.S.C. §102(e) as being anticipated by
`
`U.S. patent 5,999,563 to Polley et al., with particular reference to Figs. 2a and 5a of the
`
`patent as well as column 9, line 16 through column 10, line 52, thereof In view of the
`
`rejection, claims 23, 24, 25, and 26 have been thus indirectly amended and claims 27 and 28
`
`have been canceled. It is believed that claims 23 through 26 are now allowable over the
`
`reference for the following reasons.
`
`Polley et al. shows a system wherein a multi-mode transceiver connects to a second
`
`transceiver capable of receiving and transmitting the plurality of modulation methods
`
`transmitted and received by the first transceiver. Polley does not describe a multipoint
`
`system (as in the present invention) nor in any way describes "embedded modulations" as
`
`used in the present invention and as claimed, although not in those words. Polley describes
`
`a point-to-point-only two modem system in which each modem may host two transceivers
`
`(or a single transceiver capable of communicating via one of two modulations) and a rate
`
`negotiating means to select which modulation is to be used, such negotiation occurring at
`
`the beginning of a communication session. This is completely different from "embedded
`
`modulations, which provides for true multipoint communication (a master on two or more
`
`tributaries) in which communicat~on with all tributaries occurs during a communication
`
`Exhibit 1216 04/09
`
`
`
`. ...
`
`.. . ::.::
`
`session using two or more modulations. In essence, such an arrangement as shown by
`
`Polley et al. is discussed in some detail in the Background of the Invention portion of the
`
`present application, see, for example, page 1, lines 19 through 30 and page 2, lines 1
`
`through 8. See also, page 5, lines 8 through 30 and page 6, lines 1 through 26. Thus, the
`
`Polley et al. disclosure is prior art and is acknowledged as such, although not specifically,
`
`and does not disclose a multipoint system as claimed by applicant..
`
`The present invention is directed to the use of differing transceivers responsive to
`
`different modulation methods to the exclusion of other modulation methods, which clearly
`
`is not shown in Polley et al. Accordingly, claim 23 has been amended to call for two
`
`additional transceivers, instead of one, each being capable of receiving and transmitting at
`
`least one of the modulation methods of a first transceiver to the exclusion of the modulation
`
`method transmitted and received by another one of the transceivers. Clearly, Polley et al.
`
`does not disclose such an arrangement and claim 23, as amended, is, therefore, believed to
`
`be allowable.
`
`In a similar manner, claim 25 has been amended to include the remote transceiver of
`
`claim 27 and the added limitation that the remote transceiver does not transmit and receive
`
`all of the modulation methods of the master transceiver. This is apparently not shown or
`
`suggested by Polley et al., hence amended claim 25 is believed to be allowable.
`
`In view of the combining of claims 25 and 27, claims 27 and 28 have been canceled
`
`without prejudice.
`
`The drawings will be amended to include the legend "Prior Art" with Fig. 2. A copy
`
`of Fig. 2 marked up with red permanent ink is attached hereto.
`
`Exhibit 1216 05/09
`
`
`
`In view of the foregoing, it is respectfully submitted that all of the claims presently
`
`in the case are allowable over the art of record, and favorable action in that regard is
`
`earnestly solicited.
`
`Respectfully submitted,
`
`Dav~~
`
`THOMAS, KAYDEN,
`HORSTEMEYER & RISLEY, L.L.P.
`Suite 1750
`100 Galleria Parkway N .W.
`Atlanta, Georgia 30339
`(770) 933-9500
`
`Exhibit 1216 06/09
`
`
`
`ANNOTATED VERSION OF MODIFIED CLAIMS TO SHOW CHANGES MADE
`
`22. (Once Amended) A computer readable medium having a program for
`
`controlling a second tributary transceiver using a secondary modulation method in a
`
`multipoint communication system, said communication system including a [second] first
`
`tributary .[transceivers] transceiver using a primary modulation method for
`
`communication and a master transceiver, said program comprising:
`
`first logic configured to receive information transmitted using said secondary
`
`modulation method; and
`
`second logic configured to ignore transmissions on said communication medium
`
`using said primary modulation method.
`
`23. (Once Amended) A multi-point communication system, comprising:
`
`a first transceiver capable of transmitting and receiving a plurality of modulation
`
`methods; and
`
`at least [one] two additional [transceiver] transceivers, each being capable of
`
`transmitting and receiving at least one of said plurality of modulation methods[.] to the
`
`exclusion of at least one of the modulation methods transmitted and received by the other
`
`one of said two transceivers.
`
`A 1
`
`Exhibit 1216 07/09
`
`
`
`·· ··. :· .. ::
`
`25; (Once Amended) A master transceiver for use in a multi-point
`
`communication system, comprising:
`
`logic configured to enable the master transceiver to communicate over the multi(cid:173)
`
`point communication system using a plurality of modulation methods[.]; and
`
`a remote transceiver comprising:
`
`a logic configured to enable the remote transceiver to communicate over the
`
`multi-point communication system using at least one of the modulation methods to the
`
`exclusion of others of said modulation methods.
`
`Exhibit 1216 08/09
`
`
`
`Master
`
`24
`
`~frib 1
`
`L .
`
`3 2
`~
`3 4
`~
`3 6
`~
`3 8
`~
`
`···············
`
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`Modulation
`
`Training
`
`Data
`
`Trailing
`
`4 8
`~
`5 2
`~
`5 4
`~
`
`5 6
`\_
`5 8
`\_
`6 2
`\_
`
`Training
`
`Data
`
`Trailing
`
`Training
`
`Data
`
`Trailing
`
`Establish
`Modulation
`
`,··
`
`I
`3 2 LJ
`3 4 LJ
`training
`-·
`J 6
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`Data \·' .. · · ·
`..
`3 8 LJ
`Trailing
`4 2
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`
`Training
`
`Data
`
`Trailing
`
`·····•············ ·······························
`
`Training
`············ ... ···············•·······
`..... ........ ...
`
`Data
`···-·········· ············· ··············-· ···-
`Trailing
`.. -··-········· ································
`
`4 J
`4 6
`_J
`
`····················
`
`•····· ·····-·····
`
`............
`
`4 8 LJ
`5 2 LJ
`5 lJ
`
`..
`
`Flc;7. 2
`Pnof" fict
`
`Exhibit 1216 09/09
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