REEXAMINATION NO. 90/012,729-90/012,790
`Atly. Dockel No. 140/030 - 140/032
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of
`
`Crutis Clark, et al.
`
`Reexamination Appl. Nos.:
`
`90/012,729; 90/012,790
`
`Patent No.
`
`6,445,777
`
`Reexamination Filing Date: Nov 29, 2012; Feb 6, 2013
`
`Title
`
`Examiner
`
`Att Unit
`
`MOBILE TELE-COMPUTER NETWORK
`
`Escalante, Ovidio
`
`3992
`
`Mail Stop Ex Pa1te Reexam
`Attn: Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandlia, VA 22313-1450
`
`RESPONSE TO OFFICE ACTION IN EX PARTE REEXAMINATION
`
`ln response to the Office Action dated September 16, 2013, Applicants submit the
`
`following:
`
`Amendments to the claims begin on page 2 of this paper.
`
`Remarks begin on page 16.
`
`1
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`Petitioners' Ex. 1033 - Page 1
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`

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`REEXAMINATION NO. 90/012,729-90/012,790
`Atly. Dockel No. 140/030 - 140/032
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`AMENDMENTS TO THE CLAIMS
`
`The following listing of claims replaces all prior versions and listings of
`
`claims in this application:
`
`1.
`
`(Pending) A system comptising: a satellite communication subsystem; a
`
`wireless local area network (LAN) that includes at least one computer; and a mobile unit
`
`configured to transfer broadband information as a single nomadic transmission/reception
`
`point between the satellite communication subsystem and the wireless LAN using an
`
`ethernet packet switching protocol.
`
`2.
`
`(Pending) The system defined in claim 1 wherein the broadband
`
`information comprises data.
`
`3.
`
`(Pending) The system defined in claim 1 wherein the broadband
`
`information comprises audio and image data, such that the subsystem, wi1·eless LAN and
`
`mobile hub transfer broadband audio and image data.
`
`4.
`
`(Pending) The system defined in claim 1 wherein the information is
`
`transfeiTed using the TCP/lP protocol.
`
`5.
`
`(Pending) The system defined in claim 1 wherein the wireless LAN
`
`complises a plurality of nodes with at least one personal computer at each of the plurality
`
`of nodes.
`
`6.
`
`(Pending) The system defined in claim 1 wherein the mobile unit
`
`complises an uplink to the satellite communication subsystem.
`
`7.
`
`(Pending) The system defined in claim 1 wherein the mobile hub
`
`comprises a server to control the relaying of information.
`
`2
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`Petitioners' Ex. 1033 - Page 2
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`

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`REEXAMINATION NO. 90/012,729-90/012,790
`Atly. Dockel No. 140/030- 140/032
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`8.
`
`(Pending) The system defmed in claim 1 wherein the mobile unit
`
`comprises a workstation viewing environment.
`
`9.
`
`(Pending) The system defined in claim 1 wherein the mobile unit
`
`comprises a vehicle.
`
`10.
`
`(Pending) A system comprising: a satellite communication subsystem to
`
`operate as a secured p1ivate intranet to transfer broadband information using a ethernet
`
`packet switching protocol; a wireless local area network (LAN) to transfer inf01mation
`
`using the ethernet packet protocol, wherein the wireless LAN comprises a plurality of
`
`nodes with an individual computer at each of the plurality of nodes; and a mobile unit to
`
`transfer broadband information as a single nomadic transmission/reception point between
`
`the satellite communication system and the wireless LAN.
`
`11.
`
`(Pending) The system defined in claim 10 wherein the broadband
`
`inf01mation comprises data.
`
`12.
`
`(Pending) The system defined in claim 10 wherein the broadband
`
`information comprises audio and image data, such that the subsystem, wireless LAN and
`
`mobile hub transform broadband audio and image data.
`
`13.
`
`(Pending) A telecomputer network system comprising: a satellite
`
`communications system; a wi1·eless local area network (LAN); and a mobile hub station
`
`configured to transfer information as a single nomadic transmission/reception point
`
`between the satellite communication system and the wireless LAN, such that information
`
`is transferred over the network using ethemet packet switching protocol.
`
`14.
`
`(Pending) The network defined in claiml3 wherein the satellite
`
`communication system operates as a secured private intranet.
`
`3
`
`Petitioners' Ex. 1033 - Page 3
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`

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`15.
`
`(Pending) The network defmed in claim 13 wherein the information is
`
`transferred using the TCP!IP protocol.
`
`16.
`
`(Pending) The network defined in claim 13 wherein the wireless LAN
`
`comprises a plurality of nodes with at least one personal computer at each of the plurality
`
`of nodes.
`
`17.
`
`(Pending) The network defined in claim 13 wherein the satellite
`
`communication system comprises a network operations center, a plurality of hubs,
`
`wherein each hub comprises a wireless router and a relay station to relay information
`
`between hubs.
`
`18.
`
`(Pending) The network defined in claim 13 wherein the mobile hub station
`
`comp1ises an uplink to the satellite communication system.
`
`19.
`
`(Pending) The network defined in claim 13 wherein the mobile hub station
`
`is configured to relay information between the wireless LAN and the satellite
`
`communication system, and comprises a server to control the relaying of information.
`
`20.
`
`(Pending) The network defined in claim 13 wherein the mobile hub station
`
`comprises a workstation viewing envi1·onment.
`
`21.
`
`(Pending) The network defined in claim 13 wherein the mobile hub station
`
`comprises a vehicle or a portable field unit.
`
`22.
`
`(Pending) A telecomputer network comptising: a wireless wide area
`
`network (WAN) comprising a redundant satellite communication system configured to
`
`operate as a intranet; a wireless local area network (LAN), wherein the wireless LAN
`
`comprises a plurality of nodes with an individual personal computer at each of the
`
`plurality of nodes; and a mobile vehicle or portable field unit configured to transfer
`
`4
`
`Petitioners' Ex. 1033 - Page 4
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`

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`REEXAMINATION NO. 90/012,729-90/012,790
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`information as a single nomadic transmission/reception point between the satellite
`
`communication system and the wireless LAN, wherein transfers of information over the
`
`network using the TCP/IP protocol.
`
`23.
`
`(Pending) The network defined in claim 22 wherein the wi1·eless WAN
`
`operates as a private intranet.
`
`24.
`
`(Pending) The network defined in claim 22 wherein the satel1ite
`
`communication system comprises a plurality of hubs, wherein each hub comprises a
`
`wireless router and a satellite transmission/reception system to relay information between
`
`hubs.
`
`25.
`
`(Pending) The network defined in claim 22 wherein the mobile vehicle
`
`comp1ises an uplink to the satellite communication system.
`
`26.
`
`(Pending) The network defined in claim 22 wherein the mobile vehicle is
`
`configured to relay information between the wireless LAN and the satellite
`
`communication system, and comprises a server to control the relaying of information.
`
`27.
`
`(Pending) The network defined in claim 22 wherein the mobile vehicle
`
`comprises a workstation viewing envi1·onment.
`
`28.
`
`(Pending) A telecomputer network comprising: a satellite communication
`
`system configured to operate as a secured private intranet to transfer information using a
`
`ethemet packet switching protocol; a wireless local area network (LAN) configured to
`
`transfer information using the ethemet packet protocol, wherein the wireless LAN
`
`comprises a plurality of nodes with an individual personal computer at each of the
`
`plmality of nodes; and a plurality of mobile vehicles, or portable field units wherein each
`
`mobile vehicle or pmtable field unit is configured to transfer information as a single
`
`5
`
`Petitioners' Ex. 1033 - Page 5
`
`

`
`nomadic transmission/reception point between the satellite communication system and
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`REEXAMINATION NO. 90/012,729-90/012,790
`Atly. Dockel No. 140/030- 140/032
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`the wireless LAN.
`
`29.
`
`(Pending) The system of claim 1 wherein the mobile unit is configured to
`
`transfer information using protocols selected from the group consisting of IEEE 802.10
`
`protocol, Internet Packet Exchange (IPX) protocol, Lotus Notes, simple network
`
`management protocol (SNMP), Multiple Internet Mail Exchange (MIME) protocol, Web
`
`Network File System (WFNS) protocol, File Transfer Protocol (FTP), Fiber Distlibuted
`
`Data Interface (FDDI) and Reliable, Multi-cast Transfer Protocol (RMTP).
`
`30.
`
`(Pending) The system of claim 1, wherein the mobile unit is configured to
`
`transfer information as encrypted information.
`
`31.
`
`(Pending) The system of claim 1, wherein the wireless LAN operates as a
`
`seemed private intranet and transfers encrypted information.
`
`32.
`
`(Pending) The system of claim 1, wherein the satellite communication
`
`subsystem transfers encrypted information and comprises secure fu·ewall software
`
`programs.
`
`33.
`
`(Pending) The system of claim 1, wherein the satellite communication
`
`subsystem allows for user access to the World Wide Web through one or more web-based
`
`software applications.
`
`34.
`
`(Pending) The system of claim 33, wherein the one or more web-based
`
`software applications comprises an electronic mail application.
`
`35.
`
`(Pending) The system of claim 33, wherein the one or more web-based
`
`software applications allows for the transfer of information through File Transfer
`
`Protocol (FTP).
`
`6
`
`Petitioners' Ex. 1033 - Page 6
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`36.
`
`(Pending) The system of claim 33, wherein the one or more web-based
`
`software applications comprises an Internet Relay Chat (IRC) application.
`
`37.
`
`(Pending) The system of claim 33, wherein the one or more web-based
`
`software applications comprises voice communication application.
`
`38.
`
`(Pending) The system of claim 33, wherein the one or more web-based
`
`software applications comprises a database management application.
`
`39.
`
`(Pending) The system of claim 1, wherein the satellite communication
`
`subsystem allows for user operation through Common Gateway Intetface (CGI).
`
`40.
`
`(Pending) The system of claim 1, wherein the satellite communication
`
`system allows for user operation through Dynamic HyperText Markup Language
`
`(DHTML).
`
`41.
`
`(Pending) The system of claim l, wherein the satellite communication
`
`subsystem allows for user operation through extensible Markup Language (XML).
`
`42.
`
`(Pending) The system of claim I, wherein the satellite communication
`
`subsystem allows for user operation through extensible Standard Generalized Markup
`
`Language (SGML).
`
`43.
`
`(Pending) The system of claim 5, wherein the at least one personal
`
`computer at each of the plurality of nodes a11ows for the display of web browser software.
`
`44.
`
`(Pending) The system of claim 1, wherein the wireless LAN covers an on-
`
`site radius of up to 0.5 miles and operates at a range between 1 to 100 Mbps.
`
`45.
`
`(Pending) The system of claim 1, wherein the mobile unit is housed in a
`
`custom fitted motor home.
`
`7
`
`Petitioners' Ex. 1033 - Page 7
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`

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`REEXAMINATION NO. 90/012,729-90/012,790
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`46.
`
`(Pending) The system of claim 1, wherein the wireless LAN has video
`
`conferencing capabilities.
`
`47.
`
`(Pending) The system of claim 1, wherein the mobile unit is housed in a
`
`vehicle and links the wireless LAN to the Internet through the satellite communication
`
`subsystem.
`
`48.
`
`(Pending) The system of claim 1, wherein the mobile unit comprises a
`
`pmtable field unit.
`
`49.
`
`(Pending) The system of claim 1, wherein the mobile unit complises a
`
`pmtable field unit, the pmtable field unit comprising a computer with RAID runys and
`
`one or more antenna systems, wherein one or more antenna systems are for Intranet
`
`services and one or more antenna systems for image delivery.
`
`50.
`
`(Pencling) The system of claim l , further comprising one or more network
`
`operations centers, the one or more network operations centers operative to control the
`
`relay of information.
`
`51.
`
`(Pending) The system of claim 10 wherein the mobile unit is configured to
`
`transfer information using protocols selected from the group consisting of TCP!IP
`
`protocol, IEEE 802.10 protocol, Intemet Packet Exchange (IPX) protocol, Lotus Notes,
`
`simple network management protocol (SNMP), Multiple Internet Mail Exchange
`
`(MIME) protocol, Web Network File System (WFNS) protocol, File Transfer Protocol
`
`(FTP), Fiber Distributed Data Interface (FDDI) and Reliable, Multi-cast Transfer
`
`Protocol (RMTP).
`
`52.
`
`(Pending) The system of claim 10, wherein the mobile unit is configured
`
`to transfer information as encrypted information.
`
`8
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`Petitioners' Ex. 1033 - Page 8
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`REEXAMINATION NO. 90/012,729-90/012,790
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`53.
`
`(Pending) The system of claim 10, wherein the wireless LAN operates as
`
`a secured ptivate intranet and transfers encrypted information.
`
`54.
`
`(Pending) The system of claim 10, wherein the satellite communication
`
`system transfers encrypted information and comprises secure fu·ewall software programs.
`
`55.
`
`(Pending) The system of claim 10, wherein the satellite communication
`
`system allows for user access to the World Wide Web through one or more web-based
`
`software applications.
`
`56.
`
`(Pending) The system of claim 10, wherein the individual computer at
`
`each of the plurality of nodes allows for the use of one or more web-based applications
`
`selected from the group consisting of a web browser application, an electronic mail
`
`application, an Intemet Relay Chat (IRC) application, a voice communication application
`
`and a database management application.
`
`57.
`
`(Pending) The system of claim 10, wherein the satellite communication
`
`system allows for user operation through Common Gateway Inte1face (COl).
`
`58.
`
`(Pending) The system of claim 10, wherein the satellite communication
`
`system allows for user operation through Dynamic HyperText Markup Language
`
`(DHTML).
`
`59.
`
`(Pending) The system of claim 10, wherein the satellite communication
`
`system allows for user operation through extensible Markup Language (XML).
`
`60.
`
`(Pending) The system of claim 10, wherein the satellite communication
`
`system allows for user operation through extensible Standard Generalized Markup
`
`Language (SGML).
`
`9
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`Petitioners' Ex. 1033 - Page 9
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`REEXAMINATION NO. 90/012,729-90/012,790
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`61.
`
`(Pending) The system of claim 10, wherein the wireless LAN covers an
`
`on-site radius of up to 0.5 miles and operates at a range between 1 to 100 Mbps.
`
`62.
`
`(Pending) The system of claim 10, wherein the mobile unit is housed in a
`
`custom fitted motor home.
`
`63.
`
`(Pending) The system of claim 10, wherein the wireless LAN has video
`
`conferencing capabilities.
`
`64.
`
`(Pending) The system of claim 10, wherein the mobile unit comprises a
`
`portable field unit.
`
`65.
`
`(Pending) The system of claim 10, wherein the mobile unit comprises a
`
`portable field unit, the portable field unit complising a computer with RAID arrays and
`
`one or more antenna systems, wherein one or more antenna systems are for Intranet
`
`services and one or more antenna systems for image delivery.
`
`66.
`
`(Pending) The system of claim 10, fUither comprising one or more
`
`network operations centers, the one or more network operations centers operative to
`
`control the relay of inf01mation.
`
`67.
`
`(Pending) The system of claim 13, wherein the mobile hub station is
`
`configured to transfer information using multiple protocols selected from the group
`
`consisting of IEEE 802.10 protocol, Internet Packet Exchange (IPX) protocol, Lotus
`
`Notes, simple network management protocol (SNMP), Multiple Internet Mail Exchange
`
`(MIME) protocol, Web Network File System (WFNS) protocol, File Transfer Protocol
`
`(FTP), Fiber Distributed Data Intelface (FDDI) and Reliable, Multi-cast Transfer
`
`Protocol (RMTP).
`
`10
`
`Petitioners' Ex. 1033 - Page 10
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`REEXAMINATION NO. 90/012,729-90/012,790
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`68.
`
`(Pending) The system of claim 13, wherein the mobile hub station is
`
`configured to transfer information as encrypted information.
`
`69.
`
`(Pending) The system of claim 13, wherein the wireless LAN operates as
`
`a secured ptivate intranet and transfers encrypted information.
`
`70.
`
`(Pending) The system of claim of claim 13, wherein the satellite
`
`communication system transfers encrypted information and comprises secure firewall
`
`software programs.
`
`71.
`
`(Pending) The system of claim 13, wherein the satellite communication
`
`system allows for user access to the World Wide Web through one or more web-based
`
`applications.
`
`72.
`
`The system of claim 13, wherein the or more web-based applications
`
`comprises one or more applications selected from the group consisting of a web browser
`
`application, an electronic mail application, an Internet Relay Chat (IRC) application, a
`
`voice communication application and a database management application.
`
`73.
`
`(Pending) The system of claim 13, wherein the satellite communication
`
`system allows for user operation through Common Gateway Interface (CGI).
`
`74.
`
`(Pending) The system of claim 13, wherein the satellite communication
`
`system allows for user operation through Dynamic HyperText Markup Language
`
`(DHTML).
`
`75.
`
`(Pending) The system of claim 13, wherein the satellite communication
`
`system allows for user operation through extensible Markup Language (XML).
`
`11
`
`Petitioners' Ex. 1033 - Page 11
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`REEXAMINATION NO. 90/012,729-90/012,790
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`76.
`
`(Pending) The system of claim 13, wherein the satellite communication
`
`system allows for user operation through extensible Standard Generalized Markup
`
`Language (SGML).
`
`77.
`
`(Pending) The system of claim 16, wherein the at least one personal
`
`computer at each of the plurality of nodes allows for the display of web browser software.
`
`78.
`
`(Pending) The system of claim 13, wherein the wireless LAN covers an
`
`on-site radius of up to 0.5 miles and operates at a range between 1 to 100 Mbps.
`
`79.
`
`(Pending) The system of claim 13, wherein the mobile hub station js
`
`housed in a custom fitted motor home.
`
`80.
`
`(Pending) The system of claim 13, wherein the wireless LAN has video
`
`conferencing capabilities.
`
`81.
`
`(Pending) The system of claim 13, wherein the mobile hub station is
`
`housed in a vehicle and links the wireless LAN to the Internet through the satellite
`
`communication system.
`
`82.
`
`(Pending) The system of claim 13, wherein the mobile hub station
`
`comprises a pmtable field unit, the portable field unit comprising a computer with RAID
`
`arrays and one or more antenna systems, wherein one or more antenna systems are for
`
`Intranet services and one or more antenna systems for .image delivery.
`
`83.
`
`(Pending) The system of claim 22 wherein the mobile vehicle or p01table
`
`field unit is configured to transfer information using protocols selected from the group
`
`consisting of IEEE 802.10 protocol, Internet Packet Exchange (IPX) protocol, Lotus
`
`Notes, simple network management protocol (SNMP), Multiple Internet Mail Exchange
`
`(MIME) protocol, Web Network File System (WFNS) protocol, File Transfer Protocol
`
`12
`
`Petitioners' Ex. 1033 - Page 12
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`(FfP), Fiber Distributed Data Inte1face (FDDI) and Reliable, Multi-cast Transfer
`
`Protocol (RMTP).
`
`84.
`
`(Pending) The system of claim 22, wherein the mobile vehicle or portable
`
`field unit is configured to transfer information as encrypted information.
`
`85.
`
`(Pending) The system of claim 22, wherein the wireless LAN operates as
`
`a secured ptivate intranet and transfers encrypted information.
`
`86.
`
`(Pending) The system of claim 22, wherein the wireless WAN transfers
`
`encrypted information and comprises secure firewall software programs.
`
`87.
`
`(Pending) The system of claim 22, wherein the individual personal
`
`computer at each of the plurality of nodes allows for the display of web browser software.
`
`88.
`
`(Pending) The system of claim 22, wherein the wireless LAN covers an
`
`on-site radius of up to 0.5 miles and operates at a range between l to 100 Mbps.
`
`89.
`
`(Pending) The system of claim 22, wherein the wireless LAN has video
`
`conferencing capabilities.
`
`90.
`
`(Pending) The system of claim 22, wherein the mobile vehicle or pmtable
`
`field unit links the wireless LAN to the Internet through wireless WAN.
`
`91.
`
`(Pending) The system of claim 22, wherein the portable field unit
`
`complises a computer with RAID arrays and one or more antenna systems, wherein one
`
`or more antenna systems are for Intranet services and one or more antenna systems for
`
`image delivery.
`
`92.
`
`(Pending) The system of claim 22, further comprising one or more
`
`network operations centers, the one or more network operations centers operative to
`
`control the relay of information.
`
`13
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`Petitioners' Ex. 1033 - Page 13
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`93.
`
`(Pending) The system of claim 28, wherein each mobile vehicle or
`
`portable field unit is configured to transfer information using protocols selected from the
`
`group consisting of TCP/IP protocol, IEEE 802.10 protocol, Internet Packet Exchange
`
`(IPX) protocol and File Transfer Protocol (FTP).
`
`94.
`
`(Pending) The system of claim 28, wherein each mobile vehicle or
`
`portable field unit is configured to transfer information as encrypted information.
`
`95.
`
`(Pending) The system of claim 28, wherein the wireless LAN operates as
`
`a secured plivate intranet and transfers encrypted information.
`
`96.
`
`(Pending) The system of claim 28, wherein the satellite communication
`
`system transfers encrypted information and comprises secure ftrewa11 software programs.
`
`97.
`
`(Pending) The system of claim 28, wherein the satellite communication
`
`system allows for user operation through a graphical user intelface (GUI) of the World
`
`Wide Web.
`
`98.
`
`(Pending) The system of claim 28, wherein the satellite communication
`
`system allows for user operation through Common Gateway Inte1face (CGI).
`
`99.
`
`(Pending) The system of claim 28, wherein the satellite communication
`
`system allows for user operation through Dynamic HyperText Markup Language
`
`(DHTML).
`
`100.
`
`(Pending) The system of claim 28, wherein the satellite communication
`
`system allows for user operation through extensible Markup Language (XML).
`
`101.
`
`(Pending) The system of claim 28, wherein the satellite communication
`
`system allows for user operation through extensible Standard Generalized Markup
`
`Language (SGML).
`
`14
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`Petitioners' Ex. 1033 - Page 14
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`102.
`
`(Pending) The system of claim 28, wherein the individual computer at
`
`each of the plurality of nodes allows for the display of web browser software.
`
`103.
`
`(Pending) The system of claim 28, wherein the wireless LAN covers an
`
`on-site radius of up to 0.5 miles and operates at a range between 1 to 100 Mbps.
`
`104.
`
`(Pending) The system of claim 1, wherein each p01table field unit
`
`comprises a computer with RAID arrays and one or more antenna systems, wherein one
`
`or more antenna systems are for Intranet services and one or more antenna systems for
`
`image deli very.
`
`105.
`
`(Pending) The system of claim 1, wherein the wireless LAN is within an
`
`on-site radius of the mobile unit.
`
`106.
`
`(Pending) The system of claim 10, wherein the wireless LAN is within an
`
`on-site radius of the mobile unit.
`
`107.
`
`(Pending) The telecomputer network system of claim 13, wherein the
`
`wireless LAN is within an on-site radius of the mobile hub station.
`
`108.
`
`(Pending) The telecomputer network system of claim 22, wherein the
`
`wireless LAN is within an on-site radius of the mobile vehicle or portable field unit.
`
`109.
`
`(Pending) The telecomputer network system of claim 28, wherein the
`
`wireless LAN is within an on-site radius of the mobile vehicle or pottable field unit.
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`110.
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`(New) A system comprising: a satellite communication subsystem; a
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`wireless local area network (LAN) that includes at least one computer; and a mobile unit
`
`configured to transfer broadband inf01mation as a single nomadic transmission/reception
`
`point between the satellite communication subsystem and the wireless LAN using an
`
`Intemet protocol.
`
`15
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`Petitioners' Ex. 1033 - Page 15
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`

`
`REEXAMINATION NO. 90/012,729-90/012,790
`Atly. Dockel No. 140/030 - 140/032
`
`REMARKS
`
`I. Status
`
`a. Amendments to the claims
`
`The Patent Owner amends the claims herewith to include new claim 110. All
`
`claim amendments are made "relative to the patent specification, including the claims,
`
`and drawings, which is in effect as of the date of filing of the request for reexamination."
`
`37 CFR 1.530. That is, the amendments are made relative to the claims set f01th in the
`
`Reexamination Certificate of U.S. Patent No. 6,445,777 Cl.
`
`Newly added claim 110 is identical to pending claim 1 except that the term
`
`"ethemet packet switching" in claim 1 is replaced with the term "Internet" in claim 110.
`
`Supp01t for claim 110, therefore, is found in original claim 1 and at col. 2, lines 21-25,
`
`which provide in relevant prut that "[i]n one embodiment, the satellite communication
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`system and the wireless LAN transfer information using an ethernet packet switching
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`protocol, such as an Internet protocol (e.g., the TCP!IP protocol)." Moreover, claim 105
`
`does not broaden original claim 1. Rather, claim 110 is claiming "Internet protocol"
`
`which is a subset of the "ethernet packet switching protocol" of claim 1, as set forth at
`
`least at col. 2, lines 21-25 of the ' 777 Patent. Accordingly, entry of the amendment is
`
`respectfully requested.
`
`b. The Present Reexamination
`
`Ex prute control numbers 90/012,729 and 90/012,790 have been merged and a
`
`common Office Action has been mailed therein on September 16, 2013 (hereinafter referred
`
`to as the "Present Office Action"). In the Office Action, the Examiner confirmed otiginal
`
`claims 8, 20, 22-27, 83-92 and 108, but rejected otigi nal claims 1-7, 9-19, 21, 28-82, 93-
`
`107 and 109 as being obvious over the U.S. Patent 5,623,495 (hereinafter the "Eng
`
`Patent") in view of Jonas et al. "Interconnection of ATM Networks via Satellite Links for
`
`Multimedia Teleconferencing" (hereinafter "Jonas") and U.S. Patent 4,663,633
`
`(hereinafter "Wilson") alone or in combination with other references. Specifically:
`
`•
`
`claims 1-7, 9, 13, 15-19, 21, 44-48, 50, 78, 79, 81, 105 and 107 ru·e rejected under
`
`35 U.S.C. § 103(a) as being unpatentable over the Eng Patent in view of Jonas and
`
`further in view of Wilson;
`
`16
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`Petitioners' Ex. 1033 - Page 16
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`

`
`REEXAMINATION NO. 90/012,729-90/012,790
`Atly. Dockel No. 140/030 - 140/032
`
`•
`
`claims 2-7, 9, 15-19, 21, 44-48,50, 78, 79, 81, 105 and 107 are rejected under 35
`
`U.S.C. §103(a) as being unpatentable over Eng in view of Jonas and fmther in
`
`view of "common sense."
`
`•
`
`claims 10-12, 28, 46, 51-54, 61-64, 66, 79,93-96, 103, 106 and 109 are rejected
`
`under 35 U.S.C. § 103(a) as being unpatentable over Eng in view of Jonas, Wilson
`
`and further in view of Comer "lnternetworking with TCP([P" (hereinafter
`
`"Comer").
`
`•
`
`claims 34-38, 56 and 72 are rejected under 35 U.S.C. § 1 03(a) as being
`
`unpatentable over Eng in view of Jonas, Wilson, Comer and further in view of
`
`WWWandiRC.
`
`•
`
`claims 39, 57, 73 and 98 are rejected under35 U.S.C. §103(a) as being
`
`unpatentable over Eng in view of Jonas and fUither in view of CGI.
`
`•
`
`claims 41, 59,75 and 100 are rejected under 35 U.S.C. §103(a) as being
`
`unpatentable over Eng in view of Jonas and fUither in view of XML.
`
`•
`
`claims 42, 60,76 and 101 are rejected under 35 U.S.C. §103(a) as being
`
`unpatentable over Eng in view of Jonas and fUither in view of HTML.
`
`•
`
`claims 49, 65, 82 and 104 are rejected under 35 U.S.C. §103(a) as being
`
`unpatentable over Eng in view of Jonas, WWW, Rugged and fUither in view of
`
`RAID.
`
`For at least the reasons set forth below, it is respectfully submitted that all
`
`pending claims are allowable and the rejection of claims 1-7, 9-19, 21, 28-82, 93-107 and
`
`109 should be withdrawn.
`
`c. Related Proceedings
`
`U.S. Patent No. 6,445,777 (hereinafter "the '777 Patent''), which is the subject of
`
`the present reexamination, was the subject of a previous reexamination (Reexam No.
`
`90/010,991) (hereinafter "the '991 Reexam") (patentability confilmed). The '777 Patent is a
`
`continuation of U.S. Patent No. 5,960,074 (hereinafter "the '074 Patent"), which was also
`
`the subject of a previous reexamination (Reexam No. 90/010,992) (hereinafter "the '992
`
`Reexam") (patentability confumed) and two pending reexaminations (Reexam No.
`
`17
`
`Petitioners' Ex. 1033 - Page 17
`
`

`
`REEXAMINATION NO. 90/012,729-90/012,790
`Atly. Dockel No. 140/030 - 140/032
`
`90/012,728 and 90/012,789). A seventh reexamination has been denied (Reexam No.
`
`90/012,810).
`
`The ' 777 Patent is the subject of pending actions for patent infringement which
`
`are stayed pending the outcome of reexamination. To get these cases stayed, a flurry of
`
`five additional reexaminations were filed in the '777 Patent's family that were meant
`
`only to delay the pending actions, with specious allegations of obviousness over
`
`disclosures at least one of which was considered and found to be cumulative of the
`
`references applied previously in reexamination proceedings that have confirmed the
`
`patentability of the claims in the ' 777 and '074 Patents. Although a cursory review of the
`
`'991 Reexam file history may indicate that the Eng Article was not applied in any
`
`pruticular rejection therein, that alone is insufficient for this reexamination to proceed.
`
`Rather, a showing must be made that the "patent or printed publication that is relied upon
`
`in a proposed rejection presents a new, non-cumulative technological teaching that was
`
`not previously considered and discussed on the record during ... the prosecution of any
`
`other plior proceeding involving the patent for which reexamination is requested."
`
`MPEP 2216 (emphasis added). As will be shown, such a showing cannot be made. To
`
`the contrary, the substance of the Eng Atticle was considered and discussed in the record
`
`during the ' 991 Reexam.
`
`d. The '991 Reexamination
`
`In the '991 Reexam, the Office confirmed claims 1-109 of the '777 Patent over, inter
`
`alia, R. Katz, "Adaptation and Mobility in Wireless Information Systems," IEEE
`
`Personal Communications, dated First Quarter 1994, pp.6-17 ("Katz") and Field Manual
`
`100-16, entitled "Army Operational Support," by the Department of the Army in
`
`Washington, D.C., dated May 31, l995 ("FM 100-16"). K.Y. Eng et al., "A Wireless
`
`Broadband Ad-Hoc Local-Area Network." Wireless Networks' , Vol. 1, No.2, June 1995,
`
`pp. 161-174, (hereinafter the "Eng Atticle") was also considered in the ' 991 Reexam,
`
`however, in the Present Office Action the Examiner states that the Eng Article was not
`
`applied. A closer look at the ' 991 Reexam prosecution history, however, will reveal that
`
`not only was the Eng Article considered, but that the Eng Alticle was deemed by the
`
`Office to be cumulative of the references that were applied. Moreover, the Eng Patent is
`
`18
`
`Petitioners' Ex. 1033 - Page 18
`
`

`
`REEXAMINATION NO. 90/012,729-90/012,790
`Atly. Dockel No. 140/030 - 140/032
`
`disclosed fully in the Eng Atticle and the Eng Patent is therefore not only duplicative of
`
`the Eng Alticle but also cumulative of the references applied in the '991 Reexam as a
`
`result. As such, the Examiner is being asked in the present Reexam to answer the same
`
`question that has a1Jeady been answered in the '991 Reexam. That is, whether the
`
`technological teachings of Eng disclose "a mobile hub that is configured to transfer
`
`information as a single nomadic transmission/reception point between the microwave
`
`communication system and the wireless LAN" as claimed in the '777 Patent. The Office
`
`has already concluded that Eng does not teach this element of the claims of the '777
`
`Patent.
`
`L The Eng Patent is duplicative of the Eng Article
`
`A Jeview of the Eng Patent and the Eng Alticle shows that the Eng Alticle was
`
`likely used as a basis for drafting the Eng Patent. That is, the Eng Alticle was received
`
`for publication October 1994 whereas the Eng Patent was flled on June 15, 1995, and
`
`both references relate to the same subject matter, i. e., to architecture for providing ad-hoc
`
`ATM local area networks. See, e.g. , Eng Patent and the Eng Article Abstracts. The
`
`Figmes in the Eng Article are essential1y the same as those used in the Eng Patent.