UNITED STATES PATENT AND TRADEMARK OFFICE
`
`DO NOT USE IN PALM PRINTER
`
`THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS
`RATNER/PRESTIA
`POBOX980
`VALLEY FORGE, P A 19482
`
`Commissioner for Patents
`United States Patents and Trademark Office
`P.O.Box 1450
`Alexandria, VA 22313-1450
`www. uspto.gov
`
`Date:
`
`L'/.N 12 zon
`
`CENTRAL REEJ<AMINATION UNIT
`
`Transmittal of Communication to Third Party Requester
`Inter Partes Reexamination
`REEXAMINATION CONTROL NO. : 95000648
`PATENT NO.: 7027418
`TECHNOLOGY CENTER: 3999
`ART UNIT : 3992
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified Reexamination proceeding. 37 CFR 1.903.
`
`Prior to the filing of a Notice of Appeal, each time the patent owner responds to this
`communication, the third party requester of the inter partes reexamination may once file
`written comments within a period of 30 days from the date of service of the patent owner's
`response. This 30-day time period is statutory (35 U.S.C. 314(b)(2)), and, as such, it cannot
`be extended. See also 37 CFR 1.947.
`
`If an ex parte reexamination has been merged with the inter partes reexamination, no
`responsive submission by any ex parte third party requester is permitted.
`
`All correspondence re·lating to this inter partes reexamination proceeding should be directed
`to the Central Reexamination Unit at the mail, FAX, or hand-carry addresses giVen at the end
`of the communication enclosed with this transmittal.
`
`PTOL-2070(Rev.07-04)
`
`Page i
`
`Marvell Semiconductor, Inc.
`MediaTek Inc.
`MediaTek USA, Inc.
`Exh. 1008
`IPR of U.S. Pat. No. 7,477,624
`
`

`
`UNITED STATES pATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMt:RCE
`United States Patent and Trademark Orlice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 223 I 3-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`95/000,648
`
`10/27/2011
`
`7027418
`
`SJRF-170REX
`
`7148
`
`01/12/2012
`7590
`29989
`HICKMAN PALERMO TRUONG & BECKER, LLP
`ONE ALMADEN BOULEY ARD
`FLOOR TWELVE
`SAN JOSE, CA 95113
`
`POKRZYW A, JOSEPH R
`
`ART UNIT
`
`PAPER NUMBER
`
`3992
`
`I
`
`MAIL DATE
`
`01/12/2012
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Page ii
`
`

`
`·OFFICE ACTION IN INTER PARTES
`REEXAMINATION
`
`Control No.
`
`95/000,648
`Examiner
`
`Patent Under Reexamination
`
`7027418
`Art Unit
`
`JOSEPH R. POKRZYWA
`
`3992
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address. --
`
`Respon.sive to the communication(s) filed by:
`Patent Owner. on __
`Third Party(ies) on 27 October. 2011
`
`RESPONSE TIMES ARE SET TO EXPIRE AS FOLLOWS:
`
`For Patent Owner's Response:
`.f. MONTH(S) from the mailing date of this action. 37 CFR 1.945. EXTENSIONS OF TIME ARE
`GOVERNED-BY .37 CFR 1..956.
`. ~-
`-
`· ·-
`-
`~·
`For Third Party Requester's Comments on the Patent Owner Response:
`30 DAYS from the date of service of any patent owner's response. 37 CFR 1. 94 7. NO EXTENSIONS
`OF TIME ARE PERMITTED. 35 U.~.C. 314(b)(2).
`
`All correspondence relating to this inter partes reexamination proceeding should b.e directed to the Central
`Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end of this Office action.
`
`This action is not an Action. Closing Prosecution under 37 CFR 1.949, nor is it~ Right of Appeal Notice under
`37 CFR 1. 953.
`
`'PART I. THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:
`
`1.0 Notice of References Cited by Examiner, PT0-892
`2.[81 Information Disclosure Citation, PTO/SB/08
`3.0
`PART II. SUMMARY OF ACTION:
`
`1a. [81 Claims 1-122 and 125-128 are subject to reexamination.
`1 b. [81 Claims 123 and 124 are not subject to reexamination.
`2. 0 Claims
`have been canceled.
`3. 0 Claims-- are confirmed. [Unamended patent claims]
`4. 0 Claims __ are patentable. [Amended or new claims]
`5.
`[81 Claims 1-122 and 125"'128 are rejected.
`6. 0 Claims _. __ are objected to.
`0 are not acceptable.
`0 are acceptable
`7. 0 The drawings filed on __
`8.
`The drawing correction request filed on __ is:
`0 approved. 0 disapproved.
`9. 0 Acknowledgment is made of the claim for priority under 35 U.S.C. 119 (a)-( d). The certified copy has:
`0 been filed in Application/Control No 95000648.
`0 been received.
`0 not been received.
`10. 0 Other __
`
`U.S. Patent and Trademark Office
`PTOL-2064 (08/06)
`
`Paper No. 20111202
`
`Page 1
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 2
`
`DETAILED ACTION
`
`Reexamination
`
`· 1.
`
`Claims 1-122 and 125-128 ofU.S. Patent Number 7,027,418 (hereafter "the '418
`
`Patent") are the subject of this inter partes reexamination.
`
`Listing of Prior Art
`
`2.
`
`~
`
`In the Request for Reexamination dated 10/27/2011; the Third Party Requester alleges
`
`r
`
`that the '418 Patent claims 1-122 and 125-128 are unpatentable in light of the following
`
`references:
`
`a.
`
`b.
`
`c.
`
`U.S. Patent Number 6,272,353 (n<?ted as "Dicker '353");
`u:s. Patent Number 6,760,319 (noted as "Gerten '319");
`
`Kostic et al. "Dynamic Frequency Hopping in Wireless Cellular Systems -
`
`Simulations of Full-Replacement and Reduced-Overhead Methods," 1999 IEEE 49th Vehicular
`
`Technology Conference, 1999 (noted as "Kostic");
`
`d.
`
`, e.
`
`. f.
`
`g.
`
`h.
`
`Canadian Published Patent Application 2,252,012 (noted as "Duplessis '012");
`
`U.S. Patent Number 6,418,317 (noted as "Cuffaro '317");
`
`U.S. Patent Number 6,115,407 (noted as "Gendel '407");
`
`U.S. patent Number 7,440,484 (noted as "Schmid! '484");
`
`Japanese Patent Application Publication 10-107693 (noted as "Imamura '693");
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 3
`
`1.
`
`· j.
`
`k.
`
`I.
`
`· Bluetooth Specification 1.0 B (noted as "BT Spec.");
`
`U.S. Patent Number 5,937,002 (noted as Andersson '002");
`
`U.S. Patent Number 5,956,642 (noted as "Larsson '642"); and
`
`U.S. Patent Number 5,323,447 (noted as "Gillis '447").
`
`Claim Rejections- 35 USC§ 102
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. I 02 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless-
`
`(e) the invention was described.in (I) an application for patent, published under section 122(b), by another filed
`in the United States before the invention by the applicant for patent or (2) a patent granted on an application for
`patent by another filed in the United States before the invention by the applicant for patent, except that an
`international application filed under the treaty defined in section 351 (a) shall have the effects for purposes of this
`subsection of an application filed in the United .States only if the international application designated the United
`States and was published under Article 21 (2) of such treaty in the English language.
`
`Issue #1.
`
`4.
`
`Claims 1, 3-5, 7, 8, 11, 12, 14-19,21-27,32-42,75-82,85-90,93-113, 118, and 119 are
`
`rejected under 35 U.S.C. 102(e) as b~ing anticipated by Dicker '353.
`,-
`Regarding cll;lim 1, Dicker '353 discloses a method for selecting communications
`
`channels for a communications system, the method comprising the computer-implemented steps
`
`of:
`
`selecting, based upon performances of a plurality of communications channels at a first
`
`time and channel selection criteria, a first set of two or more communic:ations channels from the
`
`plurality ofcommunication~ channels [see Abstract; also see col. 3, lines 23-45, wherein "To
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page4
`
`'
`improve the quality over each individual communication link 14a-17a between base station 12
`
`'
`and each of the plurality of mobile units 14-17, base station 12 has logic operable to evaluate
`
`parameters relating to the quality of individual communication links 14a-17a. Such parameters
`:
`
`'
`
`may include .those that indicate that signal bll:rsts or may include those th~t indicate that signal
`
`bursts or parts of signal bursts are lost or corrupted over the communication link. Other
`
`parameters are known to those skilled in the art."];
`
`, selecting, based upon performance of the plurality of communications channels at a
`
`second time that is later than the first time and the channel selection criteria, a second set of two
`
`or more communications channels from the plurality of communicatipns channels [see col. 4,
`
`lines 61-67, wherein "Because mobile unit communication system 10 optimizes the quality for
`
`each communication links 14a-17a, base stati?n 12 communicates with each mobile unit utilizing
`
`the frequencies that have the best quality available at the time for each communication link.
`
`Thus, base station 12 may .communicate with each mobile unit 14-17 utilizing a different
`.
`r
`
`frequency."; also see col. 7, lines 41-51, wherein "For example, in a direct sequence spread
`
`/
`
`spectrum system, base station 12 will need to notifY the mobile unit that it will be utilizing a n_ew
`
`carrier frequency for the communication link. In the emb~diment, base statio~ 12 may notify the
`
`mobile unit that it will change carrier frequenCies after~ number of (e.g. four) frames .... Base
`
`station 12 th,en uses a.frequency that utilizes the transmission attributes to communicate with the
`
`mobile unit when the mobile unit is ready in step 75."];
`
`wherein the communications system is a frequency hopping communications system and
`
`I
`
`the plurality of communications channels correspond to a. set of frequencies to be used based on
`
`a hopping sequence according to a frequency hopping protocol [see col. 3, lines 46-54, wherein
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 5
`
`"Base station 12 is operable to communicate with mobile units 14-17 using radio frequencies,
`
`... Two ex~ples of such technology include frequency hopping spread spectrum and direct ·
`,·
`
`sequence spread spectrum communications."; also see col. 4, lines 29-67]; and
`
`wherein at each hop In the hopping sequence, only one communications channel is used
`I
`for communications between a pair of participants [see col. 4, lines 43-6.7, wherein "During the
`
`-
`j
`- duration of a given frame 22, base station 12 and the mobile units 14-17 communicate using-the
`
`selected frequency for that frame 22. When the next frame 22 begins, base station 12 and mobile
`
`'units 14-17 communicate using a new selected frequency."].
`
`Regarding claim 3, Dicker '353 discloses the method discussed above in claim 1, and
`
`further teaches that the plurality of communications channels communicatively couple at least a
`
`plurality of~ireless devices [see Fig. 1, mobile units 14, 15, 16, and 17].
`
`Regarding claim 4, Dicker '353 discloses the method discussed above in claim 3, and
`
`further teaches that the plurality of wireless devices includes one or more mobile devices [see
`
`Fig. 1, mobile units 14, 15, 16, and 17].
`
`Regarding claim 5, Dicker '353 discloses the method discussed above in claim 1, and
`
`further teaches of the steps of:
`
`generating first channel identification data that identifies the first set of two or more
`
`communications channels [see col. 4, lines 12-26; also see col. 7, lines 25-36, wherein "Such
`.
`.
`
`informing may be accomplished in a variety of ways known to those skilled in the art. For
`
`I
`
`

`
`Application/Control Number: 95/000,648
`ArtUnit: 3992
`
`Page 6
`
`example, transmission attributes, such as a new set of blocked subsets representing the worst-
`
`quality channels may be communicated to the mobile unit as data or control parameters. They
`
`may also be encoded or passed to the mobile unit as tabular data."; also see Figs. 3 and 4];
`
`transmitting the first channel identi~cation data to one or more participants in the
`
`communications system over one communications channel ofthe plurality of communications
`
`cnarinels based on" the hopping s-equence according to the frequency hopping protocol [see col. 7'
`
`lines 28-36, wherein "Such inforriling may be accomplished in a variety of ways known to those
`
`skilled in the art. For example, transmission attributes, such as a new set of blocked subsets
`
`representing the worst-quality channels may be communicated to the mobile unit as data or
`
`control parameters. They may also be· encoded or passed to the mobile unit as tabular data.";
`
`also see Fig. 4, steps 48 and 71];
`
`generating second channel identification data that identifies the second set of two or more
`
`communications channels [see Fig. 4, steps 48-50, being a second loop through the process; also
`
`see col. 4, lines 12-26; also see col. 7, lines 25-36; also see col. 3, lines 52-54; also see col. 4,
`
`lines 61-67; also see col. 7, lines 15-22]; and
`
`transmitting the second channel. identification data to one or more participants in the
`
`communications system over one communications channel of the plurality of communications
`
`channels based on the hopping sequence according to the frequency hopping protocol [see Fig. 4,
`
`being steps 48-52 in the second loop through the process; also see col. 7, lines 28-36].
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 7
`
`Regarding claim 7, Dicker '353 discloses the method discussed above in claim 1, and
`
`further teaches that the channel selection criteria include a channel performance threshold [see
`
`col. 6, line 63-col. 7, line 24].
`,
`I
`
`Regarding claim 8, Dicker '353 discloses the method discussed above in claim 1, and
`
`. further teaches of the step~s of:
`
`generating first channel performance data that indicates the performance of the plurality
`
`of communications channels at the first time [see col. 6, line 53-63, wherein "For example, in
`
`step 64 the short-term and long-term error rates for each subset are compared and cleared at a
`
`short interval (e.g. every five seconds)."]; and
`
`generating second cha~nel performance data that indicates the performance of the
`
`plurality of communications channels at the second time [see col. 6, line 53-63, wherein "For
`
`example, in step 64 the short-term and long-term error rates for each subset are compared and
`
`cleared at a short interval (e.g. every five seconds)."; also see col. 7, lines 52-59, wherein "Steps
`
`4-48 in Fig. 4 are performed for each mobile unit in system 10, as illustrated in step 50."].
`'
`
`~
`
`Regarding claim 11, Dicker '353 discloses the method discussed above in claim 1, and
`
`further teaches of the steps of:
`
`determining the performance of the plurality of communications channels at the first time
`
`[see col. 6, line 53..:63, wherein "For example, in step 64 the short-term and long-term error rates
`
`for each subset are compared and cleared at a short interval (e.g. every five seconds)."]; and
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`l
`
`Page 8
`
`determining the performance of the plurality of communications channels at the second
`
`time [see col. 6, line 53-63, wherein "For example, in step 64 the short-term and long-term error
`
`rates for each subset are compared and cleared at a short interval (e.g. every five seconds)."; also
`
`see col. 7, lines 52-59, wherein "Steps 4-48 in Fig. 4 are performed for each mobile unit in
`
`system 10, as illustrated in step 50."].
`
`Regarding ciaim 12, Dicker '353 discloses the method discussed above in claim 1, and
`
`further teaches that the performance of the plurality of communications channels is based on
`
`channel performance data that is transmitted over one or more of the plurality of communications
`
`channels based on the hopping sequence according to the frequency hopping protocol [see col. 7,
`
`lines 24-45].
`
`Regarding claim 14, Dicker '353 discloses a method for selecting communications
`
`channels for a frequency hopping communications system, the method comprising the computer-
`
`implemented steps of:
`
`selecting, based upon perfonriance of a plurality of communications channels at a first
`
`time and channel selection criteria, a first set of two or more communications channels from the
`
`plurality of communications channels [see Abstract; also see col. 3, lines 23-45, wherein "To
`
`improve the quality over each individual communication link 14a-17a between base station 12
`
`and each of the plurality of mobile units 14-17, base station 12 has logic operable to evaluate
`
`parameters relating to the quality of individual communication links 14a-17a., Such parameters
`
`may include those that indicate that signal bursts or may include those that indicate that signal
`.
`r
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 9
`
`bursts or parts of signal bursts are lost or corrupted over the communication link. Other
`
`parameters are known to those skilled in the art."],
`
`wherein the plurality of communications channels correspond to a set of frequencies to be
`
`used based on a hopping sequence according to a frequency hopping protocol, and wherein at
`
`each hop in the hopping sequence, only one communications channel is used for communications
`
`between a pair of participants [see col. 3, lines 46-54, wherein "Base station 12 is operable to
`
`communicate with mobile units 14-17 using radio frequencies, ... Two examples of such
`
`technology include frequency hopping spread spectrum and direct sequence spread spectrum
`
`communications."; also see col. 4, lines 29-67];
`
`determining, based upon performance of the first set of two or more communications
`\..
`
`channels at a second time that is later than the first time, a number of communications channels
`
`from the first set oftwo or more communications channels that satisfy the channel selection
`
`criteria [see col. 3, line 52-col. 4, line 9; also see col. 4, lines 61-67, wherein "Because mobile
`
`unit communication system ·1 0 optimizes the quality for each communication links 14a-17a, base
`
`station 12 communicates with each mobile unit utilizing the frequencies that have the best
`
`quality available at the time for each communication link. Thus, b~se station 12 may
`
`communicate with each mobile unit 14-17 utilizing a different frequency."; also see col. 7, lines
`
`15-51, wherein "For example, in a direct sequence spread spectrum system, base station 12 will
`
`need to notify the mobile unit that it will be utilizing a new carrier frequency for the
`
`communication link. In the embodiment, base station 12 may notify the mobile unit that it will
`
`change carrier frequencies after a number of (e.g. four) frames .... Base station 12 then uses a
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 10
`
`frequency that utilizes the transmission attributes to communicate with the mobile unit when the
`
`mobile unit is ready in step 75."; also see col. 6, line 63-col. 7; line 3]; and
`
`if the number of communications channels from the first set of two or more
`
`communications channels that satisfy the channel selection criteria at the second time is less than
`
`a specified number [see col. 5, lines 22-32, wherein "One such method to optimize the quality
`
`for an Individual communication link is to avoid such bad frequency subsets by blocking their
`
`selection from that link. By dividing the ISM band into ninety-six frequencies, the embodiment
`
`of FIG. 3 provides sufficient frequencies to allow bad frequencies to be blocked while keeping
`
`the number of available frequencies above the seventy-five frequency threshold."; also see col. 6,
`
`lines 14-21, wherein "One embodiment for the method of FIG. 4 operates to select for use the
`
`current best ten out of twelve available subsets, and to block the remaining two subsets because
`
`those subsets represent poor quality for that communication link."], then
`
`selecting, based upon performance of the plurality of communications channels at a third
`
`time that is later than the second time and the channel selection criteria, a second set of two or
`
`more communications channels from the plurality of communications channels in the frequency
`
`hopping communications system [see col. 6, lines 11-21, wherein "One embodiment for the
`
`method of FIG. 4 operates to select for use the current best ten out of twelve available subsets,
`
`and to block the remaining two subsets because those subsets represent poor quality for that
`
`communication link."; also see col. 7, line 64-col. 8, line 6].
`
`

`
`Application/Control Number·: 95/000,648
`Art Unit: 3992
`
`Page II
`
`Regarding claim 15, Dicker '353 discloses a method for communicating with a
`
`participant in a communications arrangement, the method comprising the computer-implemented
`
`steps of:
`
`selecting, based on first performance qata that indicates performance of a plurality of
`
`communications channels at a first time and at least a first performance criterion, a ~rst set of
`
`two or mote communications -channels from the plurality of communicati~ns channels [see
`
`Abstract; also see col. 3, lines 23-45, wherein "To improve the quality over each individual
`
`communication link 14a-I7a between base station 12 ai).d each of the plurality of mobile units
`
`14-1 7, base station 12 has logic operable to evaluate parameters relating to the quality of
`
`individual communication links 14a-I7a. Such parameters may include those that indicate that
`
`· signal bursts or may include those that indicate that signal bursts or parts of signal bursts are lost
`
`or corrupted over the communication link. Other parameters are known to those skilled in the
`
`art."];
`
`generatiqg first identification data tha~ identifies the first set of two or more
`
`communications channels [see col. 4, lines 12-26; also see col. 7, lines 25-36, wherein "Such
`
`.
`I
`informing may be accomplished in a variety of ways known to those skilled in the art. For
`
`example, transmission attributes, such as a new set of blocked subsets representing the worst- ·
`
`quality channels may be communicated to the mobile unit as data or control parameters. They
`
`may also be encoded or passed to the mobile unit as tabular data."; also see Figs, 3 and 4];
`
`providing the first identification data to the participant [see col. 7, l~nes 28-36, wherein
`
`"Such informing may be accomplished in a variety of ways known to those skilled in the art. For
`
`example, transmission attributes, such as a new set of blocked subsets representing the worst-
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 12
`
`quality channels may be communicated to the mobile unit as data or control parameters .. They
`
`may also be encoded or passed to the mobile unit as tabular data."; also see Fig. 4, steps 48 and
`
`71 ];
`
`communicating with the participant over the first set of two or more communications
`
`channels, wherein the plurality of communications channels correspond to a set of frequencies to
`
`be used based on a hopping sequence according to a frequency hopping protocol [see col. 3, lines
`
`46-54, wherein "Base station 12 is operable to communicate with mobile units 14-17 using radio
`
`frequencies, ... Two examples of such technology include frequency hopping spread spectrum
`
`and direct sequence spread spectrum communications."; also see col. 4, lines 29-67];
`
`wherein at each hop in the hopping sequence, only one communications channel is used
`
`for communications between a pair of participants [col. 4, lines 55-59, wherein "During the
`
`duration of a given frame 22, base station 12 and mobile units 14-1 7 communicate using the
`
`selected frequency for that frame 22. When the next frame 22 begins, base station 12 and mobile
`
`units 14-17 communicate using a new selected frequency."]; and
`
`wherein the first identification data is provided to the participant over one
`
`communications channel of the plurality of communications channels based on the hopping
`
`sequence according to the frequency hopping protocol [see col. 7, lines 15-35].
`
`Regarding claim 16, Dicker '353 discloses the method discussed above in claim 15, and
`
`further teaches that the participant is selected from the group consisting of a wireless device and
`
`a mobile device [see Fig. 1, mobile units 14, 15, 16, and 17].
`
`

`
`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 13
`
`Regarding claim 17, Dicker '353 discloses the method discussed above in claim 15, and
`
`further teaches that the first performance data indicates performance for each communications
`
`channel ofthe plurality of communications channels [see col. 7, lines 15-51, wherein "It is also
`
`within the scope of the invention for base station 12 to monitor and evaluate the communication
`
`link between the base station and that mobile unit at predetermined intervals. In addition, instead
`
`of selectin'g'the two subsets .for the communication that will yield the worst quality, the quality of
`
`the communication link may be optimized by utilizing an algorithm which selects the best
`
`frequencies or carriers to use."].
`
`Regarding claim 18, Dicker '353 discloses the method discussed above in claim 15, and
`
`further teaches that the step of providing the first identification data to the participant comprises
`
`the comRuter-implemented steps of:
`
`encrypting the first identification data; and providing the encrypted first identification
`
`data to the participant [see col. 7, lines 25-51, wherein "In step 71, base station 12 informs the
`
`mobile unit associated with the communication link of the transmission attributes. Such
`
`informing may be accomplished in a variety of ways known to those skilled in the art. For
`
`example, transmission attributes, such as a new set of blocked subsets representing the worst -
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`quality channels, may be communicated to the mobile unit as data or control parameters. They
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`may also be encoded or passed to the mobile unit as tabular data."].
`
`Regarding claim 19, Dicker '353 discloses the method discussed above in claim 15, and
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`further teaches ofthe computer-implemented steps of:
`
`

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`Application/Control Number: 95/000,648
`Art Unit: 3992
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`Page 14
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`selecting, based on second performance data that indicates performance of the plurality of
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`communications channels at a second time that is different than the first time and at least a
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`I
`second performance criterion, a second set of two or more communications channels from the
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`plurality of communications channels [see Abstract; also see col. 3, lines 23-54, wherein "To
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`improve the quality over each individual communication link 14a-17a between base station 12
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`and each of the plurality of mobile units 14-17, base station 12 has logic operable to evaluate
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`parameters relating to .the quality of individual communication links 14a-17a. Such parameters
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`may include those that indicate that signal bursts or may include those that indicate that signal
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`bursts or parts of signal bursts are lost or corrupted over the communication link. Other
`I
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`parameters are known to those skilled in the art."; also see col. 7, lines 15-22 also see col. 7, lines
`'
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`15-22];
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`generating second identification data that identifies the second set of two or more
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`communications channels [see col. 7, lines 25-36, wherein "Such informing may be
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`accomplished in a variety of ways known to those skilled in the art. For example, transmission
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`attributes, such as a new set of blocked subsets representing the worst-quality channels may be
`
`communicated to the mobile unit as data or control parameters. They may also be encoded or
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`passed to the mobile unit as tabular data."; also see Figs. 3 and 4; also see col. 3, lines 52-54;
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`also see col. 4, lines 12-26];
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`providing the second identification data to the participant over one communications
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`channel of the plurality of communications channels based on the hopping sequence according to
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`_;
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`the frequency hopping protocol [see col. 3, lines 32-54, wherein "Base station 12 is operable to
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`communicate with mobile units 14-17' using radio frequencies, ... Two examples of such
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`

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`. Application/Control Number: 95/000,648
`Art Unit: 3992
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`Page 15
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`technology include frequency hopping spread spectrum and direct sequence spread spectrum
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`communications."; also see col. 4, lines 29-67; also see col. 7, lines 28-35].; and
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`communicating with the participant over the second set of two or more communications
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`channels, according to the frequency hopping protocol [see col. 4, lines 43-55; also see col. 3,
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`lines 23-54, wherein "Base station 12 is operable to communicate with mobile units 14-17 using
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`radio frequencies, ... Two examples of such technology include frequency hopping spread
`
`spectrum and direct sequence spread spectrum communications."].
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`Regarding claim 21, Dicker '353 discloses the method discussed above in claim 19, and
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`further teaches that the participant is a first participant, and wherein the method further
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`comprises the computer-implemented steps of:
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`providing the first identification data to a second participant over one communications
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`channel of the plurality of communications channels based on the hopping sequence according to
`
`the frequency hopping protocol [see col. 4, lines 43-55; also see col. 3, lines 23-54, wherein
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`"Base station 12 is operable to communicate with mobile units 14-17 using radio frequencies,
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`... Two examples of such technology include frequency hopping spread spectrum and direct
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`sequence spread spectrum communications."; also col. 7, lines 25-51]; and
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`communicating with the second participant over the first set of two or more
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`communications channels while communicating with the first participant over the second set of .
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`two or more communications channels [see col. 3, lines 23-54, wherein "Base station 12 is
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`operable to communicate with mobile units 14-17 using radio frequencies, ... Two examples of
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`

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`Application/Control Number: 95/000,648
`Art Unit: 3992
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`Page 16
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`\
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`such technology include frequency hopping spread spectrum and ?irect sequence spread
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`spectrum communications."; col. 4, lines 61-67;_also see col. 5, lines 51-65].
`
`Regarding claim 22, Dicker '353 discloses the method discussed above in claim 19, and
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`further teaches· that the second set of two or more communications channels is different than the
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`first set of two or more communicatibns channels [see col. 3, lines 1-63; also see col. 4, lines 29-
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`67, wherein "Thus, the scheme should be consistent across any multiple base stations·, yet
`
`attempt to ensure that adjacent base stations do not select the same frequencies and interfere with
`
`one another."; also see col. 7, lines 15-24]; and
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`the first performance criterion is different than the second performance criteri?n [see col.
`
`3, lines 1-45, wherein "Such parameters may include those that indicate that signal bursts or
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`parts of signal bursts are lost or corrupted over the communication link, or the strength of the
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`signal over the communication link. Other parameters are known to those skilled in the art. Base
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`station 12 may then select parameters that optimize the quality of each ihdividual communication
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`links 14a-17a .... Thus, for example, base station 12 is operable to evaluate parameters, such as a
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`set of frequencies, that relate to the quality of link 16a to mobile unit 16, then select those
`
`frequencies that optimiz~ the quality of link 16a ... "].
`
`Regarding claim 23, Dicker '353 discloses the metJ'wd discussed above in claim 15, and
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`further teaches that
`
`the participant is a first participant·, wherein a default set of two or more communications
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`channels is associated with the hopping sequence and is not changed based on the performance
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`

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`Application/Control Number: 95/000,648
`Art Unit: 3992
`
`Page 17
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`of the plurality of communications channels [see col. 6, lines 5-11], and the method further
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`comprises the computer-implemented steps of:
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`communicating with a second participant over the default set of two or more
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`communications channels while communicating with the first participant over the first set of two
`
`or more communications channels [see col. 6, lines 5-11; also see col. 2, lines 34-64].
`
`Regarding claim 24, Dicker '353 discloses the method discussed above in claim 15, and
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`further teaches that the step of selecting the first set of two or more communications channels
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`comprises the computer-implemented steps of:
`
`classifying the performance of at least one communications channel of the plurality of
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`communications channels based on the first performance data and one or more classification
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`criteria that includes at least the first performance criterion [see col. 4, lines 16-32; also see col.
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`6, l