throbber
Apple Exhibit 1102
`Apple Inc. v. Rembrandt Wireless
`IPR2020-00034
`Page 00001
`
`

`

`Privacy Act Statement
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`IPR2020-00034 Page 00002
`
`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`Title of Invention:
`
`System and Method of Communication Via Embedded Modulation
`
`First Named Inventor/Applicant Name:
`
`Gordon Bremer
`
`Filer:
`
`Michael Koptiw Jr./Kathy Franchi
`
`Attorney Docket Number:
`
`REMB-01 09
`
`Filed as Large Entity
`
`Utility under 35 USC 111 (a) Filing Fees
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`Description
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`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
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`Utility application filing
`
`Utility Search Fee
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`Utility Examination Fee
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`Basic Filing:
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`Pages:
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`Claims:
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`Claims in excess of 20
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`Independent claims in excess of 3
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`1011
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`540
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`220
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`220
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`IPR2020-00034 Page 00003
`
`

`

`Description
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`Fee Code
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`Quantity
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`Amount
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`USD($)
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`5910
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`IPR2020-00034 Page 00004
`
`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`5918253
`
`12543910
`
`International Application Number:
`
`Confirmation Number:
`
`8306
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`Title of Invention:
`
`System and Method of Communication Via Embedded Modulation
`
`First Named Inventor/Applicant Name:
`
`Gordon Bremer
`
`Customer Number:
`
`23377
`
`Filer:
`
`Michael Koptiw Jr./Kathy Franchi
`
`Filer Authorized By:
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`Michael Koptiw Jr.
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`Attorney Docket Number:
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`REMB-01 09
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`Receipt Date:
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`19-AUG-2009
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`2440
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`233050
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`IPR2020-00034 Page 00005
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`

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`File Listing:
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`IPR2020-00034 Page 00006
`
`

`

`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
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`IPR2020-00034 Page 00007
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`

`PTO/SB/14 (07-07)
`Approved for use through 06/30/2010. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`REMB-0109
`
`Application Number
`
`Title of Invention
`
`System and Method of Communication Via Embedded Modulation
`
`The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the
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`
`Secrecy Order 37 CFR 5.2
`D Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to
`37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)
`r
`lPPIICan t I f
`A
`n orma 1on:
`f
`Applicant 1
`Applicant Authority (!)Inventor I 0Legal Representative under 35 U.S.C. 117
`Prefix Given Name
`Middle Name
`
`Family Name
`
`Suffix
`
`I Remove I
`I 0Party of Interest under 35 U.S.C. 118
`
`Gordon
`Residence Information (Select One) (!) US Residency
`Clearwater
`City
`State/Province
`us
`
`Citizenship under 37 CFR 1.41(b) i
`
`Bremer
`0 Non US Residency 0 Active US Military Service
`I Country of Residence i I US
`I FL
`
`Mailing Address of Applicant:
`1930 Cove Lane
`Address 1
`
`Address 2
`
`City
`
`I Clearwater
`
`Postal Code
`
`33764
`
`I State/Province
`I Countryi 1 us
`All Inventors Must Be Listed - Additional Inventor Information blocks may be
`generated within this form by selecting the Add button.
`
`I FL
`
`I Add
`
`I
`
`Correspondence Information:
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`For further information see 37 CFR 1.33(a).
`D An Address is being provided for the correspondence Information of this application.
`23377
`Customer Number
`
`Email Address
`
`Application Information:
`
`I I Add Email I
`
`!Remove Email I
`
`Title of the Invention
`
`Attorney Docket Number REMB-0109
`
`System and Method of Communication Via Embedded Modulation
`I Small Entity Status Claimed D
`
`Application Type
`
`Nonprovisional
`
`Subject Matter
`
`Utility
`
`Suggested Class (if any)
`
`Suggested Technology Center (if any)
`
`I Sub Class (if any)l
`
`Total Number of Drawing Sheets (if any)
`
`8
`
`I Suggested Figure for Publication (if any) I 3
`
`EFS Web 2.2.2
`
`IPR2020-00034 Page 00008
`
`

`

`PTO/SB/14 (07-07)
`Approved for use through 06/30/2010. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
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`Attorney Docket Number
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`REMB-0109
`
`Application Number
`
`Title of Invention
`
`System and Method of Communication Via Embedded Modulation
`
`Publication Information:
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`Request Not to Publish. I hereby request that the attached application not be published under 35 U.S.
`0 C. 122(b) and certify that the invention disclosed in the attached application has not and will not be the subject of
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`
`sections
`
`Please Select One:
`
`Customer Number
`
`C!J Customer Number
`23377
`
`I 0 US Patent Practitioner IO Limited Recognition (37 CFR 11.9)
`
`Prior Application Status Pending
`
`Domestic Benefit/National Stage Information:
`This section allows for the applicant to either claim benefit under 35 U.S.C. 119(e), 120, 121, or 365(c) or indicate National Stage
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`Filing Date (YYYY-MM-DD)
`
`Application Number
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`Prior Application Number
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`11774803
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`Prior Application Number
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`11774803
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`Continuation of
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`10412878
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`Application Number
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`10412878
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`Continuation in part of
`
`09205205
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`Prior Application Status
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`09205205
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`non provisional of
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`60067562
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`2007-07-09
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`1997-12-05
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`not claimed. Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. 119(b)
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`EFS Web 2.2.2
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`IPR2020-00034 Page 00009
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`

`

`PTO/SB/14 (07-07)
`Approved for use through 06/30/2010. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
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`Attorney Docket Number
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`REMB-0109
`
`Application Number
`
`Title of Invention
`
`System and Method of Communication Via Embedded Modulation
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`Mailing Address Information:
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`
`Signature
`
`/Michael A. Koptiw/
`
`Date (YYYY-MM-DD) 2009-08-19
`
`First Name Michael
`
`I Last Name I Koptiw
`
`Registration Number
`
`57900
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`IPR2020-00034 Page 00010
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`

`

`Privacy Act Statement
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`The Privacy Act of 1974 (P .L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to
`a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection
`of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is
`used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not
`furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may
`result in termination of proceedings or abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1.
`
`2.
`
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`4.
`
`5.
`
`6.
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`
`8.
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`The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552)
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`individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of
`the record.
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`A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in
`order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as
`amended, pursuant to 5 U.S.C. 552a(m).
`
`A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed,
`as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`
`A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security
`review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
`
`A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee,
`during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records
`management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the
`GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such
`disclosure shall not be used to make determinations about individuals.
`
`A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuan
`to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37
`CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were
`terminated and which application is referenced by either a published application, an application open to public inspections or an issued
`patent.
`
`9.
`
`A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the
`USPTO becomes aware of a violation or potential violation of law or regulation.
`
`EFS Web 2.2.2
`
`IPR2020-00034 Page 00011
`
`

`

`1/8
`
`22
`
`~
`
`Master
`Transceiver
`24
`
`Tributary
`Transceiver
`26
`
`Tributary
`Transceiver
`26
`
`~--~--------------~------..
`~----~--------~-------------..
`
`28
`
`Tributary
`Transceiver
`26
`
`FIG. 1
`Prior Art
`
`IPR2020-00034 Page 00012
`
`

`

`2/8
`
`Trib 2
`
`26b
`
`Master
`
`24
`
`Trib 1
`
`26a
`
`3 2
`~ Establish
`Modulation
`3 4
`~
`3
`6
`~ ······-
`3
`8
`~
`
`·····-· ··················
`
`····················.
`
`Training
`··························
`·······
`Data
`
`············
`
`. ······
`
`Trailing
`
`. ······· ....
`
`···················
`
`----··········································-··········
`
`..
`
`4
`8
`~
`2
`5
`~
`5 4
`~
`
`5 6
`
`Training
`
`Data
`
`Trailing
`
`8
`5
`
`~ Training
`~ Data
`~ Trailing
`
`6
`2
`
`Establish
`Modulation
`
`2
`3
`__)
`
`3 4
`
`6
`
`
`
`3 8
`
`L/
`l)
`L/
`L/
`l)
`L/
`
`4 2
`
`4
`
`
`
`4 6
`
`Training
`
`Data
`
`Trailing
`
`Training
`
`Data
`
`Trailing
`
`...
`
`················
`
`········-·
`
`·········-·-
`
`Training
`
`······
`
`············-·······
`
`············
`
`-·-·································
`
`·····················
`
`.....
`
`Data
`
`········-·················-
`
`Trailing
`······· ······ ······-···. ····· ·····················
`
`4
`8
`
`2
`5
`
`5 4
`
`··········· L/
`······· u
`·················· L/
`
`FIG. 2
`
`IPR2020-00034 Page 00013
`
`

`

`3/8
`
`Master Transceiver
`Type A+ B
`64
`-
`
`Modulator
`72
`
`-
`
`Memory
`76
`-
`Control
`Program
`Type A+ B
`78
`-
`
`Demodulator
`74 ~
`~
`
`-
`
`llr
`
`,
`
`Central Procesing
`Unit (CPU)
`68
`-
`
`94
`\____
`
`9 4
`
`l--/
`
`Trib Modem
`Type X
`66
`-
`
`Memory
`88
`-
`
`Control
`Program
`Type X
`92
`-
`
`1----
`
`Modulator
`84
`-
`,.... Demodulator
`86
`
`-
`
`lr
`
`,
`
`~
`
`Central Procesing
`Unit (CPU)
`82
`-
`
`FIG. 3
`
`IPR2020-00034 Page 00014
`
`

`

`4/8
`
`100
`
`~
`
`Master
`Transceiver
`Type A+ 8
`64
`
`Tributary
`Transceiver
`Type A
`66a
`
`Tributary
`Transceiver
`Type A
`66a
`
`~--~----------------~-----. .
`~----~--------~-----------. .
`
`94
`
`Tributary
`Transceiver
`Type 8
`66b
`
`FIG. 4
`
`IPR2020-00034 Page 00015
`
`

`

`Trib 2
`Type B
`
`66b
`-
`
`5/8
`
`Master
`Type A+ B
`
`64
`-
`
`-
`
`Trib 1
`Type A
`
`66a
`-
`
`Establish Modulation
`_
`TypeA
`
`1
`04
`l-.--J
`
`Training -Change
`To Type B
`
`1
`06
`l--'
`
`10 8
`'- Address+ Data
`
`11 8
`'-
`
`Data
`
`-
`
`-
`
`Trailing
`Type A
`
`14
`1
`0
`
`FIG. 5
`
`Training
`
`Data
`
`Trailing
`
`Training
`
`Data
`
`Trailing
`
`12 6
`__.)
`13 2
`_./
`
`13
`4
`__.)
`
`13 8
`_./
`
`14 2
`_./
`
`14 4
`__.)
`
`IPR2020-00034 Page 00016
`
`

`

`6/8
`
`Type B
`Address+ Data
`
`Ignore
`Type A
`Transmission
`102
`
`Complete
`Transmission
`
`Receive
`Type B
`Data
`112
`
`Transmit
`Type B
`Data
`116
`
`Time Out!
`Trailing
`
`Poll Request/
`Trailing
`
`FIG. 6
`
`IPR2020-00034 Page 00017
`
`

`

`7/8
`
`Ignore
`Type B
`Transmission
`124
`
`Training
`
`Receive
`Type A
`Data
`128
`
`Trailing:
`Type A
`
`Training:
`Change To Type B
`
`Complete
`Transmission
`
`Transmit
`Type A
`Data
`136
`
`Wait For
`Type A
`Training
`122
`
`Trailing
`
`Poll Request!
`Trailing
`
`FIG. 7
`
`IPR2020-00034 Page 00018
`
`

`

`8/8
`
`Master
`Type A+ B
`64
`
`Trib
`Type A+ B
`66a
`
`Establish Modulation
`Type A
`
`1
`50
`l--'
`
`Notification - Change
`To Type 8
`
`-
`
`Test Signal
`
`Trailing
`Type A
`
`Training
`
`Data
`
`Trailing
`
`Training
`
`Data
`
`Trailing
`
`FIG. 8
`
`52
`1
`L/
`
`15 4
`l--'
`
`1
`56
`l--'
`
`1 58
`[__/
`1 60
`[__/
`
`62
`1
`l-/
`
`1 64
`l--'
`1 66
`[__..J
`
`1 68
`l.--'
`
`IPR2020-00034 Page 00019
`
`

`

`DOCKET NO.: REMB-0109
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re Application of:
`
`Gordon Bremer
`
`For: System And Method Of Communication Via Embedded Modulation
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-14 50
`
`Sir:
`
`AUTHORIZATION TO TREAT A REPLY AS INCORPORATING AN EXTENSION OF
`TIME UNDER C.F.R. §1.136(a)(3)
`
`The Commissioner is hereby requested to grant an extension of time for the appropriate length of
`
`time, should one be necessary, in connection with this filing or any future filing submitted to the
`
`U.S. Patent and Trademark Office in the above-identified application during the pendency of this
`
`application. The Commissioner is further authorized to charge any fees related to any such
`
`extension of time to Deposit Account No. 23-3050.
`
`Date: August 19, 2009
`
`/Michael A. Koptiw/
`Michael A. Koptiw
`Registration No. 57,900
`
`Page 1 of 1
`
`IPR2020-00034 Page 00020
`
`

`

`REMB-0109
`
`SYSTEM AND METHOD OF COMMUNICATION VIA EMBEDDED MODULATION
`
`CROSS REFERENCE TO RELATED APPLICATION
`
`[0001] This application is a continuation ofU.S. Application No. 11/774,803, filed on
`
`July 9, 2007, which is a continuation ofU.S. Application No. 10/412,878, filed April 14, 2003,
`
`which is a continuation-in-part ofU.S. Application No. 09/205,205, filed December 4, 1998, and
`
`which claims priority to and the benefit of the filing date ofU. S. Provisional Application No.
`
`60/067,562, filed December 5, 1997, each of which is incorporated by reference herein.
`
`TECHNICAL FIELD
`
`[0002] The present invention relates generally to the fields of data communications and
`
`modulator/demodulators (modems), and, more particularly, to a data communications system in
`
`which a plurality of modulation methods are used to facilitate communication among a plurality
`
`of modem types.
`
`BACKGROUND
`
`[0003]
`
`In existing data communications systems, a transmitter and receiver modem pair
`
`can successfully communicate only when the modems are compatible at the physical layer. That
`
`is, the modems must use compatible modulation methods. This requirement is generally true
`
`regardless of the network topology. For example, point- to-point, dial-up modems operate in
`
`either the industry standard V.34 mode or the industry standard V.22 mode. Similarly, in a
`
`multipoint architecture, all modems operate, for example, in the industry standard V.27bis mode.
`
`- 1 -
`
`IPR2020-00034 Page 00021
`
`

`

`REMB-0109
`
`While the modems may be capable of using several different modulation methods, a single
`
`common modulation is negotiated at the beginning of a data session to be used throughout the
`
`duration of the session. Should it become necessary to change modulation methods, the existing
`
`data session is tom down, and a new session is negotiated using the new modulation method.
`
`Clearly, tearing down an existing data session causes a significant disruption in communication
`
`between the two modems.
`
`[0004] As discussed in the foregoing, communication between modems is generally
`
`unsuccessful unless a common modulation method is used. In a point-to-point network
`
`architecture, if a modem attempts to establish a communication session with an incompatible
`
`modem, one or both of the modems will make several attempts to establish the communication
`
`link until giving up after a timeout period has expired or the maximum number of retry attempts
`
`has been reached. Essentially, communication on the link is impossible without replacing one of
`
`the modems such that the resulting modem pair uses a common modulation method.
`
`[0005]
`
`In a multipoint architecture, a single central, or "master," modem communicates
`
`with two or more tributary or "trib" modems using a single modulation method. If one or more
`
`of the trib modems are not compatible with the modulation method used by the master, those
`
`tribs will be unable to receive communications from the master. Moreover, repeated attempts by
`
`the master to communicate with the incompatible trib(s) will disturb communications with
`
`compatible trib(s) due to time wasted in making the futile communication attempts.
`
`[0006] Thus, communication systems comprised of both high performance and low or
`
`moderate performance applications can be very cost inefficient to construct. For example, some
`
`applications (e.g., internet access) require high performance modulation, such as quadrature
`
`amplitude modulation (QAM), carrier amplitude and phase (CAP) modulation, or discrete
`
`multitone (DMT) modulation, while other applications (e.g., power monitoring and control)
`
`require only modest data rates and therefore a low performance modulation method. All users in
`
`the system will generally have to be equipped with a high performance modem to ensure
`
`modulation compatibility. These state of the art modems are then run at their lowest data rates
`
`for those applications that require relatively low data throughput performance. The replacement
`
`of inexpensive modems with much more expensive state of the art devices due to modulation
`
`compatibility imposes a substantial cost that is unnecessary in terms of the service and
`
`performance to be delivered to the end user.
`
`[0007] Accordingly, what is sought, and what is not believed to be provided by the
`
`prior art, is a system and method of communication in which multiple modulation methods are
`
`-2-
`
`IPR2020-00034 Page 00022
`
`

`

`REMB-0109
`
`used to facilitate communication among a plurality of modems in a network, which have
`
`heretofore been incompatible.
`
`SUMMARY
`
`[0008] The present invention is generally directed to a system and method of
`
`communication between a master transceiver and a plurality of tributary transceivers in a
`
`multipoint communication system in which the tributary transceivers use different types of
`
`modulation methods. Broadly stated, the communication system includes a master transceiver in
`
`communication with a first tributary transceiver and a second tributary transceiver over a
`
`communication medium. The first tributary transceiver uses a primary modulation method for
`
`communication while the second tributary transceiver uses a secondary or embedded modulation
`
`method for communication. The master transceiver and tributary transceivers each include a
`
`processor, memory, and control logic for controlling their operation. While the primary
`
`modulation method is normally used for transmissions on the communication medium, the
`
`master transceiver can communicate with the second tributary transceiver by notifying the first
`
`tributary transceiver that the primary modulation method is being temporarily replaced by the
`
`secondary or embedded modulation method. The master transceiver can then exchange
`
`information with the second tributary transceiver while the first tributary transceiver ignores any
`
`secondary modulation transmissions. In the meantime, the first tributary transceiver conditions
`
`itself to look for a trailing sequence from the master transceiver indicating that communication
`
`with the second tributary transceiver is complete. When the master transceiver transmits the
`
`trailing sequence using the primary modulation method, the first tributary transceiver conditions
`
`itself to look for primary modulation transmissions while the second tributary transceiver
`
`conditions itself to ignore primary modulation transmissions.
`
`[0009] The present invention has many advantages, a few of which are

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