CSCO-1004
`Cisco v. TQ Delta
`Page 1 of 383
`
`

`
`UNITED STATES EATENT AND TRADEMARK OFFICE
`
`ll\ |'I'IlI|) S'I'A'|'I4IS I)|<IPA|l'I'V| |<I\l'I' ()I4' (TOM l\’I|‘lIH‘|<l
`United States Patent and Trademark Office
`Adckess COMMISSIONER FOR PATENTS
`PO Rm L130
`Alexandna, Vugirua 22313-1450
`wwwuspto gm
`FIRST NAMED APPLICANT
`
`ATTY. DOCKET No./TITLE
`
`APPLICATION N'U'lVlRF.R
`
`En.1\1(; 012 371 (C) DATE
`
`12/255,713
`
`10/22/2008
`
`62574
`Jason H. Vick
`Sheridan Ross, pc
`Suite # 1200
`1560 Broadway
`Denver, CO 80202
`
`Marcos C. Tzamles
`
`6936-47-CON-3
`CONFIRMATION NO. 3870
`POWER OF ATTORNEY NOTICE
`
`lllllllllllllllllllllllllfllllllllllllllllllllllllllllllllllllllll Illlllllllllllllllllllllll
`ooooooo57775o3o
`
`Date Mailed: 11/26/2012
`
`NOTICE REGARDING CHANGE OF POWER OF ATTORNEY
`
`This is in response to the Power of Attorney filed 1 1/07/2012.
`
`- The Power of Attorney to you in this application has been revoked by the assignee who has intervened as
`provided by 37 CFR 3.71. Future correspondence will be mailed to the new address of record(37 CFR 1.33).
`
`/jtfitzhugh sr/
`
`Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
`
`Page 2 of 383
`
`

`
`PTO/AIA/80 (O7-12)
`Approved for use through 11/30/2014. OMB 0651 0035
`US. Patent and Trademark Office: US DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`POWER OF ATTORNEY TO PROSECUTE APPLICATIONS BEFORE THE USPTO
`
`I hereby revoke all previous powers of attorney given in the application identified in the attached statement
`under 37 CFR 3.73 c .
`I hereby appoint:
`
`::titlonersassociatedwith Customer Number: 4
`LII
`E] Praotlt|oner(s) named below (it more than ten patent practitioners are to be named, then a customer number must be used):
`Registration
`
`As attorney(s) or agent(s) to represent the undersigned before the United States Patent and Trademark Office (USPTO) in connection with
`any and all patent applications assigned gmy to the undersigned according to the USPTO assignment records or assignments documents
`attached to this form in accordance with 37 CFR 3.‘/3( ).
`
`Please change the correspondence address for the application identified in the attached statement under 37 CFR 3,73(c) to:
`
`The address associated with Customer Number:
`IE]
`OR
`Firm or
`Individual Name
`1 Address
`City
`
`State
`
`Country
`
`Telephone
`
`Assignee Name and Address: TQ DELTA, LLC
`805 Las Clmas Parkway, Suite 240
`Austin, Texas 78746
`
`A copy of this form, together with a statement under 37 CFR 3.73(c) (Form PTO/AIA/96 or equivalent) is required to be
`Filed in each application in which this form is used. The statement under 37 CFR 3.73(c) may be completed by one of
`The practitioners appointed in this form, and must identify the application in which this Power of Attorney is to be filed.
`
`SIGNATURE of Assignee of Record
`The individual whose signature and title is supplied below is authorized to act on behalf of the assignee
`
`-"1/7C'2'.««/'~._..v«-J‘Z.....¢A /’c¢£.,,.a:;___._.,
`Mark K. Roche
`Managing Director
`This collection ofintormation is required by 37 CFR 1.31, 1.32 and 1133. The information is required to obtain or retain a benefit by the public which is to file (and
`by the USPTO to process) an application. Confideritlaiity is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 3 minutes
`to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief information Officer,
`US, Patent and Trademark Office, US. Department of Commerce. F20. Box 1450. Alexandria. VA 22313~1450. DO NOT SEND FEES OR COMPLETED
`FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P,0. Box 1450, Alexandria. VA 22313-1450.
`
`to /’r’ / '5
`Date
`Telephone 512—609—181O
`
`if you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`Page 3 of 383
`
`

`
`Electronic Acknowledgement Receipt
`
`14170511
`
`International Application Number:
`
`Confirmation Number:
`
`ml‘ °f l""°"l'°"‘
`
`SYSTEM AND METHOD FOR SCRAMBLING THE PHASE OF THE CARRIERS IN A
`MULTICARRIER COMMUNICATIONS SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Marcos C. Tzannes
`
`Customer Number:
`
`62574
`
`Filer Authorized By:
`
`Jason Vick
`
`Attorney Docket N um ber:
`
`6936-47-CON-3
`
`Filing Date:
`
`Time Stamp:
`
`22-OCT-2008
`
`14:22:39
`
`Application Type:
`
`Utility under 35 USC111(a)
`
`Payment information:
`
`Submitted with Payment
`
`File Listing:
`
`Document
`Number
`
`Document Descri
`
`tion
`
`P
`
`File Size(Bytes)/
`Message Digest
`419213
`
`Part /.zip (if appl.)
`
`EntityStatus_373c_w_POA.pdf
`
`semieLi75rr3m524929d5e4r72imae9Le4:J
`1795
`
`yes
`
`Page 4 of 383
`
`

`
`Multipart Description/PDF files in .zip description
`
`Assignee showing ofownership per37CFR3.73.
`
`Power of Attorney
`
`Warnings:
`Information:
`
`Total Files Size (in bytes)
`
`419213
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date ofthe application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage ofan international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/D0/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Page 5 of 383
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re the Application of: Marcos C. Tzannes
`
`Application No.: 12/255,713
`Filed: October 22,2008
`Atty. File No.: 6936-47-CON—3
`
`5 Patent No.: 7,769,104
`5 Issued: August 3, 2010
`§Examiner: WILLIAMS, Lawrence‘
`% Confirmation No.1 3870
`
`SYSTEM AND METHOD FOR SCRAMBLING THE PHASE OF THE CARRIERS IN
`For:
`A MULTICARRIER COMMUNICATIONS SYSTEM
`
`ASSERTION OF ENTITLEMENT TO SMALL ENTITY STATUS
`
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Madam:
`
`In accordance with MPEP §§ 509.02 and 509.03 and 37 CFR 1.27, this document is
`
`being filed to inform the U.S. Patent Office of the change of status for the aboVe—identilied patent
`
`from large entity status to small entity status. All fccs paid to date have been paid as large entity
`
`status. No fees have yet been paid as small entity status. Due to the sale of the referenced patent,
`
`the Applicant is now entitled to small entity status.
`
`We respectfully request that small entity status be granted for the above-referenced
`
`patent.
`
`Please contact the undersigned if there are any questions regarding this notification.
`
`Respectfully submitted,
`
`SHERIDAN ROSS P.C.
`
`MM”
`
`B .
`MM»-t;”‘T«"
`y.
`/I» ,2»,-«w.»
`....»-
`Mfflaasfih H. V“ifi<
`WW9?’
`Reg. No. 45,285
`1560 Broadway, Suite 1200
`Denver, Colorado 80202
`Telephone: 303-863-9700
`
`Page 6 of 383
`
`

`
`PTO/AIA/96 (0842)
`Approved for use through 01/31/2018. OMB 0651-0081
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paerwork Reduction Act of 1995, no ersons are reuired to resond to a collection of information unless it dlsla s a valid OMB control number.
`
`STATEMENT UNDER 37 CFR 3.73§c)
`Applicant/Patent Owner: TQ DELTA“ LI-C
`
`Filed/issue Date: August 3i 2010
`Application No./Patent No.2 7i769i1O4
`Titled.
`SYSTEM AND METHOD FOR SCRAMBLING THE PHASE OF THE CARRIERS IN A MULTiCARRIER COMMUNICATIONS SYSTEM
`
`TO DELTA, LLC
`(Name of Assignee)
`
`, a Corporation
`(Type of Assignee, e.g., corporation, partnership. university. government agency. etc.)
`
`states that, forthe patent application/patent identified above, it is (choose gig of options 1, 2, 3 or 4 below):
`
`1. __ The assignee of the entire right, title, and interest.
`
`2.
`
`it
`
`An assignee of less than the entire right, title, and interest (check applicable box):
`__J The extent (by percentage) of its ownership interest is
`______,_%. Additional Statement(s) by the owners
`holding the balance of the interest must be submitted to account for 100% of the ownership interest.
`
`:1 There are unspecified percentages of ownership. The other parties, including inventors, who together own the entire
`right, title and interest are:
`
`Additional Statement(s) by the owner(s) holding the balance of the interest must be submitted to account for the entire
`right, title, and interest.
`‘
`
`The assignee of an undivided interest in the entirety (a complete assignment from one of the joint inventors was made).
`3.
`The other parties, including inventors, who together own the entire right, title, and interest are:
`
`Additional Statement(s) by the owner(s) holding the balance of the interest must be submitted to account for the entire
`right, title, and interest.
`
`The recipient, via a court proceeding or the like (e.g., bankruptcy, probate), of an undivided interest in the entirety (a
`4.
`complete transfer of ownership interest was made). The certified document(s) showing the transfer is attached.
`
`The interest identified in option 1, 2 or 3 above (not option 4) is evidenced by either (choose o_ng of options A or B below):
`
`A. :1 An assignment from the inventor(s) of the patent application/patent identified above. The assignment was recorded in
`the United States Patent and Trademark Office at Reel
`Frame
`, or for which a copy
`thereof is attached.
`
`. E A chain of title from the inventorts), of the patent application/patent identified above, to the current assignee as follows:
`
`TO. AWARE, INC.
`1, From. Marcos C. Tzannes
`The document was recorded in the United States Patent and Trademark Office at
`
`, or for which a copy thereof is attached.
`Reel 010877
`T0. TQ DELTA, LLC
`2' From. AWARE, INC.
`The document was recorded in the United States Patent and Trademark Office at
`
`, Frame 0307
`
`Reel 029154
`
`, Frame 0937
`
`, or for which a copy thereof is attached.
`
`[Page 1 of 2]
`This collection of information is required by 37 CFR 3.73(b). The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to complete, including
`gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount
`of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief information Officer, U.S. Patent and Trademark
`Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 223134450. DO NOT SEND FEES OR COMPLETED FORMS TO THlS ADDRESS. SEND
`TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`Ifyou need assistance in completing the form, call L800-PTO—9I99 and select option 2.
`
`Page 7 of 383
`
`

`
`PTO/AIA/96 (08-12)
`Approved for use through 01/31/2013. OMB 0651~O081
`U.S. Patent and Trademark Oliice; US. DEPARTMENT OF COMMERCE
`Under the Paerwork Reduction Act 0t 1995, no ersons are reuired to resond to a collection of information unless it disla s a valid OMB control number.
`
`STATEMENT UNDER 37 CFR 3.73§ct
`
`To:
`
`The document was recorded in the United States Patent and Trademark Office at
`
`Reel
`
`W, Frame
`
`, or for which a copy thereof is attached.
`To:
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`, Frame
`, or for which a copy thereof is attached.
`To:
`
`The document was recorded in the United States Patent and Trademark Office at
`
`Reel
`
`, Frame
`
`___, or for which a copy thereof is attached.
`
`_
`
`To:
`,
`The document was recorded in the United States Patent and Trademark Office at
`
`Reel
`
`, Frame
`
`, or for which a copy thereof is attached.
`
`Additional documents in the chain of title are listed on a supplemental sheet( ).
`
`As required by 37 CFR 3.73(c)(1)(i), the documentary evidence of the chain of title from the original owner to the
`assignee was, or concurrently is being, submitted for recordatlon pursuant to 37 CFR 3.11.
`
`[NOTE: A separate copy (i.e., a true copy of the original assignment document(s)) must be submitted to Assignment
`Division in accordance with 37 CFR Part 3, to record the assignment in the records of the USPTO. See MPEP 302.08]
`
`T
`
`The undersigned (whosegtle is suppliedlaeiowfisauthorizedfto act on behalf of the assignee.
`/.—
`‘’%_,w
`x
`,
`,
`Sig ri,aI/ere‘
`"C/fa/;Ol'l H. VlCk
`Printed or Typed Name A
`
`‘;?~.a/W Zr’?
`Date
`45,235
`Title or Registration Number
`
`[Page 2 of 2]
`
`Page 8 of 383
`
`

`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Addicssz COIVIMISSIONER FOR PATENTS
`P.0. Box 1450
`Alexandiia, Virginia 22313-1450
`www uspto.gov
`
`PATENT NO.
`
`7769104
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`5550-47-CON -3
`
`3870
`
`APPLICATION NO.
`
`12/255,713
`
`ISSUE DATE
`
`08/03/2010
`
`62574
`
`7 590
`
`07/14/2010
`
`Jason H. Vick
`Sheridan Ross, PC
`Suite # 1200
`1560 Broadway
`Denver, CO 80202
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day(s). Any patent to issue from the above-identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Tenn Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(s) (Please see PAIR WEB site http://pair.uspto. gov for additional applicants):
`
`Marcos C. Tzannes, Orinda, CA;
`
`IR103 (Rev. 10/09)
`
`Page 9 of 383
`
`

`
`PART B - FEE(S) TRANSMITTAL
`
`62574
`
`7590
`
`05/18/2010
`
`Complete and send this form, together with applicable l'ee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or Eax (571)-273-2885
`INSTRUCTIONS: This fonri should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where
`ap ropi-late. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current corres ondence address as
`indicated unlgss corrtected below or directed otherwise in Block 1, by (21) specifying a new correspondence address; and/or (b) indicating a separate "
`ADDRESS" for
`maintenance ee noti lcations.
`CURRENTCORRESPONDENCE ADDRESS (Note: Us:Blol:k1fornnyehangeof:i.ddress)
`Note: A certilicate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This cerli icate cannot be used for any other accompanying
`ve its own certificate of mailing or transnussion.
`Ripe“. Each additional paper, such as an assignment or formal drawing, must
`Certificate of Mailing or Transmission
`I hereb certi
`that this Fee s Transmittal is being deposited with the United
`States ostal ervice with su icient ostage for first class mail in an envelo e
`addressed to the Mail Sto
`ISSUEPFEE address above, or bein
`facsimile
`transmitted to the USPTO ( 71) 273-2885. on the date indicated he ow.
`DEF“
`
`_
`Jason H. Vlck
`-
`Shendan Ross’ PC
`Suite # 1200
`
`1560 Bmadway
`Denver, co 80202
`
`"3
`
`'
`""“"""
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`5550-47-CON-3
`Marcos C. Tzannes
`10/22/2008
`12/255,713
`TITLE OF INVENTION: SYSTEM AND METHOD FOR SCRAMBLING THE PHASE OF THE CARRIERS IN A MULTICARRIER
`COIVIMUNICATIONS SYSTEM
`
`3870
`
`nonprovisional
`
`NO
`
`ISSUEFEEDUE
`$1510
`
`PUBLICATIONFEEDUE PREV.PA].‘DISSUEFEE
`$0
`$300
`
`TOTALFEE(S)DUE
`$1810
`
`DATEDUE
`08/18/2010
`
`WILLIAMS, LAWRENCE B
`
`mm
`2611
`
`cwswcess
`375-260000
`
`2. For printing on the patent front page, list
`1. Change of correspondence address or indication of "Fee Address" (37
`
`CFR L363)’
`or agents OR, alternatively,
`ndence address (or Change of Correspondence
`:1 Chan e of corres
`(2) the name of a single firm (having as a member a
`/122) mached'
`Address mm PTO’
`registered HIIOFDEY 01' agent) and the names 05 “P ‘,0
`:1 "Fee Address" indication (or "Fee Address" Indication form
`2_ registered Pate!!! 3lt°1'|1§Y5 0? ag3|1‘5- If 110 name 19
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`listed, no name will be printed.
`Number is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`(1) the names of up to 3 registered patent attorneys 1 a5°nH- Vick
`
`2 Sheridan Ross P'C'
`3
`
`recordation as set forth in 37 C
`3.11. Completion of this fonn is NOT a substitute for filing an assignment.
`PLEASE NOTE: Unless an aslsjlgnee is identified below, no assignee data will appear on the patent.
`If an assignee is identified below, the document has been filed for
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE on COUNTRY)
`
`Aware. Inc.
`
`Bedford, MA
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`'3 Individual
`
`Corporation or other private group entity D Government
`
`4a The following fee(s) are submitted:
`Issue Fee
`la Publication Fee (No small entity discount permitted)
`:1 Advance Order — # of Copies
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`El A check is enclosed.
`D Payment by credit card. Form PTO-2038 is attached.
`la The Director is hereby authorized to charge
`r uired fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`-
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`El 1:. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
`CI a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown b the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`I X ’S“h 70
`Date
`45,285
`Registration No.
`
`This collection of information is required by 37 CFR 1.311. The information is r uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14.
`is collection is estimated to take 12 rriinutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will v
`defiendin upon the individual case. Any comments on the amount of time you re uire to com lete
`this form and/or su gestions for reducing this burden, should be sent to
`e C iefl orrnation Officer, U.S. Patent and Trademark Office, U.S. Department otgCornmerce, T20.
`exan na,
`irginia
`-
`.
`Rio: 1430, A\l,e)1i'1_ll _l‘lt§,2g{|'3gl1ll;%&Z3l3- 1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450,
`Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection of infonnation unless it displays a valid OMB control number.
`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF CONLMERCE
`
`Page 10 of 383
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re the Application of: Marcos C. Tzarmes
`Application No.: 12/255,713
`
`; Group Art Unit: 2611
`g Examiner: WILLIAMS, LAWRENCE B
`
`Confirmation No.: 3870
`
`) )
`
`;
`
`Filed: October 22, 2008
`
`Atty. File No.2 555O-47-CON—3
`
`For: SYSTEM AND METHOD FOR SCRAMBLING THE PHASE OF THE CARRIERS IN
`A MULTICARRIER COMMUNICATIONS SYSTEM
`
`COMMENTS ON STATEMENT OF REASONS FOR ALLOWANCE
`
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Applicant submits this Comments on Statement of Reasons for Allowance to address
`
`further the Notice of Allowability (“Notice”) having a mailing date of May 18, 2010.
`
`In the Notice, the Examiner's stated reasons for allowance were that:
`
`The instant application discloses a method and transceiver for scrambling the
`phase characteristics of carriers for multicarrier communications. A search of
`prior art records has failed to teach or suggest, alone or in combination:
`
`A method to scramble the phase characteristics of carriers for multicarrier
`communications comprising:
`“assigning a carrier number to at least one carrier in a multicarrier symbol;
`modulating, by a modulator, the at least one carrier with a QAM (Quadrature
`Amplitude Modulation) signal;
`determining a phase shift for the at least one carder based on the carrier
`number assigned to the at least one carrier wherein the phase shift is detennined
`independently of the QAM signal; and
`combining the phase shift with a phase characteristic of the at least one
`carrier so as to substantially scramble the phase characteristics of the carrier” (pg.
`6, lines 1-24) as disclosed in claim 40.
`
`Attorney Docket No.: 5550-47-CON-3
`
`Page 11 of 383
`
`

`
`A multicarrier transceiver for randomizing scrambling the phase
`characteristics of carriers comprising:
`“a transmitter capable of assigning a carrier number to at least one carrier
`in a multicarrier symbol;
`a modulator capable of modulating the at least one carrier with a QAM
`(Quadrature Amplitude Modulation) signal; and
`a phase scrambler capable of determining a phase shift for the at least one
`carrier based on the carrier number assigned to the at least one carrier, wherein
`the phase shift is determined independently of the QAM signal, and combining
`the phase shift with a phase characteristic of the at least one carrier so as to
`substantially scramble the phase characteristics of the carrier” (Fig. 1, pg. 6, lines
`1-24) as disclosed in claim 43.
`
`Based on the Notice, the patentability of all other independent and dependent claims is
`
`assumed to be based upon the elements as set forth in such claims and that such claims meet all
`
`criteria for patentability under §101, §102, §l03 and §112.
`
`As is clear from MPEP 1302.14,
`
`“The statement [of reasons for allowance] is not intended to necessarily state all
`the reasons for allowance or all the details why claims are allowed and should not
`be written to specifically or impliedly state that all the reasons for allowance are
`set fort
`.”
`
`While the stated Reasons for Allowance may be a stated reason for allowing some
`
`independent claims, Applicant submits that some independent claims may have a different
`
`reason for allowance and that some independent claims have other reasons for allowance.
`
`Specifically, the prior art fails to teach the specific combination of features as recited in
`
`the independent claims.
`
`Attorney Docket No.: 5550-47—CON-3
`
`Page 12 of 383
`
`

`
`Although the Applicant believes that no fees are due for filing this Comments on
`
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`SHERIDAN ROSS P.C.
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`Telephone: 303-863-9700
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`Attorney Docket No.: 5550-47-CON-3
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`Page 13 of 383
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`22-Oct-2008
`
`T't'° °f "“’°'“'°"’
`
`SYSTEM AND METHOD FOR SCRAMBLING THE PHASE OF THE CARRIERS IN A
`MULTICARRIER COMMUNICATIONS SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Marcos C. Tzannes
`
`Filer:
`
`Jason Vick/Joannevos
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`Attorney Docket Number:
`
`5550-47-CON-3
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`Page 15 of 383
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`ml‘ °f l""°"l'°"‘
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`SYSTEM AND METHOD FOR SCRAMBLING THE PHASE OF THE CARRIERS IN A
`MULTICARRIER COMMUNICATIONS SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Marcos C. Tzannes
`
`Customer Number:
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`62574
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`Filer Authorized By:
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`Jason Vick
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`Attorney Docket Number:
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`5550-47-CON-3
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`ATTORVEY DOCKET NO.
`
`CONEIRIVIATION NO.
`
`5550-47-CON-3
`Marcos C. Tzannes
`10/22/2008
`12/255,713
`TITLE OF INVENTION: SYSTEM AND METHOD FOR SCRAMBLING THE PHASE OF THE CARRIERS IN A MULTICARRIER
`COMMUNICATIONS SYSTEM
`
`3870
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`Page 18 of 383
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