PTO/SB/05 (08-08)
`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 unlessit displays a valid OMB control number.
`
`UTILITY
`PATENT APPLICATION
`TRANSMITTAL
`
`(Only for new nonprovisional applications under 37 CFR 1.53(b))
`
`eee
`
`ADDRESSTO:
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria VA 22313-1450
`
`ACCOMPANYING APPLICATION PARTS
`
`9. L] Assignment Papers (cover sheet & document(s))
`
`Nameof Assignee
`
`
`10. [_] 37 CFR 3.73(b) Statement
`(when there is an assignee)
`
`Power of
`Attorney
`
`11. CL] English Translation Document(if applicable)
`12.7] Information Disclosure Statement (PTO/SB/08 or PTO-1449)
`:
`ard
`Copiesof citations attached
`
`
`
`8. Nucleotide and/or Amino Acid Sequence Submission
`(if applicable, items a. —c. are required)
`a.
`[_] Computer Readable Form (CRF)
`b.
`Specification SequenceListing on:
`i. CL]
`CD-ROM or CD-R(2 copies); or
`il. _]
`Paper
`Cc. LJ Statements verifying identity of above copies
`If a CONTINUING APPLICATION, check appropriate box, and supply the requisite information below andin thefirst sentence ofthe
`18.
`specification following thetitle, or in an Application Data Sheet under 37 CFR 1.76:
`of prior application No.:11774803....0000.
`LC Continuation-in-part (CIP)
`Art Unit: 2611
`Examiner Dac V. Ha
`Prior application information:
`
`19. CORRESPONDENCE ADDRESS
`
`APPLICATION ELEMENTS
`See MPEPchapter 600 concerning utility patent application contents.
`
`1.[_] Fee Transmittal Form (e.g., PTO/SB/17)
`2. | Applicant claims small entity status.
`See 37 CFR 1.27.
`15
`[Total Pages
`Specification
`Both the claims and abstract must start on a new page
`(For information on the preferred arrangement, see MPEP 608.01(a))
`Drawing(s) (35 U.S.C. 113)
`[Total Sheets
`8
`
`3.
`
`4.
`
`[Total Sheets
`5. Oath or Declaration
`a.
`Newly executed (original or copy)
`b.
`A copyfrom a prior application (37 CFR 1.63(d))
`for continuation/divisional with Box 18 completed)
`DELETION OF INVENTOR(S)
`Signed statementattached deleting inventor(s)
`namein the prior application, see 37 CFR
`4.63(d)(2) and 1.33(b).
`
`i.
`
`6.
`
`Application Data Sheet. See 37 CFR 1.76
`
`7. LC CD-ROMor CD-Rin duplicate, large table or
`puter Program (Appendix)
`Landscape Table on CD
`
`Continuation
`
`| Divisional
`
`
`
`. L] Preliminary Amendment
`
`. _] Return Receipt Postcard (MPEP 503)
`(Should be specifically itemized)
`
`. [_] Certified Copy of Priority Document(s)
`!
`,
`yorr
`'
`(if foreign priority is claimed)
`
`- [_] Nonpublication Request under 35 U.S.C. 122(b)(2)(B)(i).
`Applicant must attach form PTO/SB/35 or equivalent.
`. L] Other:
`
`The address associated with Customer Number:
`
`23377
`
`OR [| Correspondence address below
`
`a A
`
`ddress
`
`Name
`
`/Michael A. Koptiw/
`:
`:
`Michael A. Koptiw
`
`August 19, 2009
`Registration No.
`‘Attorney/Aent
`
`57900
`
`This collection of information is required by 37 CFR 1.53(b). The information is required to obtain or retain a benefit by the public whichis to file (and by the
`USPTOto 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. Timewill 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 22313-1450. DO NOT SEND FEES OR COMPLETED
`FORMSTO THIS ADDRESS. SEND TO: Commissionerfor Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`Ifyou need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`Qualcomm Incorporated
`Exhibit 1019
`Page | of 432
`
`Qualcomm Incorporated
`Exhibit 1019
`Page 1 of 432
`
`

`

`Privacy Act Statement
`
`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. The information on this form will be treated confidentially to the extent allowed under the
`Freedom ofInformation Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from
`this system of records may be disclosed to the Department of Justice to determine whether
`disclosure of these records is required by the Freedom ofInformation Act.
`A record from this system of records maybedisclosed, as a routine use, in the course of
`presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to
`opposing counsel in the course of settlement negotiations.
`A record in this system of records may be disclosed, as a routine use, to a Member of
`Congress submitting a request involving an individual, to whom the record pertains, when the
`individual has requested assistance from the Member with respect to the subject matter of the
`record.
`A record in this system of records may be disclosed, as a routine use, to a contractor of the
`Agency having needfor 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 maybe 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 maybe 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 (/.e., GSA or Commerce) directive. Such disclosure shall not
`be used to make determinations about individuals.
`A record from this system of records maybe disclosed, as a routine use, to the public after
`either publication of the application pursuant 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 wasfiled in an application which
`became abandonedor in which the proceedings were terminated and which application is
`referenced byeither a published application, an application open to public inspection or an
`issued patent.
`A record from this system of records maybe disclosed, as a routine use, to a Federal, State,
`or local law enforcement agency, if the USPTO becomes awareofa violation or potential
`violation of law or regulation.
`
`Page 2 of 432
`
`Page 2 of 432
`
`

`

`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`System and Method of Communication Via Embedded Modulation
`
`omen
`a
`
`Quantity
`
`Attorney Docket Number:
`
`REMB-0109
`
`Utility under 35 USC 111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Sub-Total in
`USD(S$)
`
`a
`
`Claimsinexcessof20
`
`Independent claims in excess of 3
`
`1202 pe{= 4160
`
`1201
`
`Miscellaneous-Filing:
`
`Page 3 of 432
`
`Page 3 of 432
`
`

`

`a
`
`.
`
`Sub-Total in
`
`Patent-Appeals-and-Interference:
`
`5910
`
`Post-Allowance-and-Post-Issuance:
`
`Extension-of-Time:
`
`Total in USD (S$)
`
`Page 4 of 432
`
`Page 4 of 432
`
`

`

`Electronic AcknowledgementReceipt
`
`weitmiine
`
`Title of Invention:
`
`System and Method of Communication Via Embedded Modulation
`
`ee
`
`
`
`ee
`
`a
`
`Paymentinformation:
`
`Submitted with Payment
`
`yes
`
`Deposit Account
`
`233050
`
`
`
`TheDirector of the USPTO is hereby authorized to charge indicated fees and credit any overpaymentas follows:
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
`
`Page 5 of 432
`
`Page 5 of 432
`
`

`

`gs
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`
`Application Data Sheet
`
`REMB-01 09-app-data-sheet.
`PDF
`
`Drawings-only black and white line
`drawings
`
`REMB-0029-as-filed-drawings.
`PDF
`
`4312568
`
`1651825b5a0ac2223f7a7ac63e9aa4edbcd
`4b203
`
`333657
`
`65ce7ea026824a3.a50a4d6f5987b4c4db28)
`99c6c
`
`Extension of Time
`
`REMB-0109-ext.PDF
`
`d5fc6fd4cfl cfdd7bf69c3d2ech69dfd79f20
`69a
`
`REMB-0109-As-Filed-
`
`Specification.PDF
`
`137458
`
`€833547c25b26fcbc65def0fffbbe86cdb2aal
`38
`
`Multipart Description/PDF files in .zip description
`
`21
`
`:
`
`File Listing:
`
`Document
`
`Information:
`
`Information:
`
`Information:
`
`Information:
`
`Information:
`
`
`
`ee
`
`Transmittal of New Application
`
`REMB-0109-transmittal.PDF
`
`1095280
`
`bbbc942020379f5f8544f96d383fa8aa53d74
`3d9
`
`Fee Worksheet (PTO-875)
`
`fee-info.pdf
`
`66ebb9d5018b4291 1c21ea2a279b24586c
`7546c3
`
`Page 6 of 432
`
`Page 6 of 432
`
`

`

`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary componentsfora 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 shownonthis
`AcknowledgementReceiptwill establish thefiling date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903indicating acceptanceof 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.
`
`This AcknowledgementReceipt evidences receipt on the noted date by the USPTOofthe 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.
`
`the application.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a 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 of the International Filing Date (Form PCT/RO/105)will be issued in due course, subject to prescriptions concerning
`national security, and the date shownon this AcknowledgementReceiptwill establish the international filing date of
`
`Page 7 of 432
`
`Page 7 of 432
`
`

`

`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 ofinformation unless it contains a valid OMB control number.
`
`
`Application Data Sheet 37 CFR 1.76
`
`Application Number
`
`
`
`
`
`
`
`Attorney Docket Number|REMB-0109
`
`Title of Invention
`
`System and Method of Communication Via Embedded Modulation
`
`The application data sheetis part of the provisional or nonprovisional application for whichit 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
`document may be printed and included in a paper filed application.
`
`Secrecy Order 37 CFR 5.2
`[_] Portions orall of the application associated with this Application Data Sheet mayfall under a Secrecy Order pursuantto
`37 CFR 5.2 (Paperfilers only. Applications that fall under Secrecy Order may not befiled electronically.)
`
`Applicant Information:
`
`
`Applicant 1
`Applicant Authority @Inventor | ©)Legal Representative under 35 U.S.C. 117
`
`
`|Party ofInterest under 35 U.S.C. 118
`
`Prefix) Given Name
`Middle Name
`Family Name
`Gordon Po Bremer
`() Active US Military Service
`Residence Information (Select One)
`(@) US Residency
`©) NonUS Residency
`
`
`City|Clearwater State/Province|FL Country of Residencei|US
`
`Suffix
`
`
`
`Citizenship under 37 CFR 1.41(b)i
`
`
`US
`
`Mailing Address of Applicant:
`Address 1
`1930 Cove Lane
`
`Address 2
`
`Inventor Information blocks may be
`Inventors Must Be Listed - Additional
`All
`Add
`
`generated within this form by selecting the Add button.
`
`CorrespondenceInformation:
`
`Enter either Customer Number or complete the Correspondence Information section below.
`For further information see 37 CFR 1.33({a).
`
`[|] An Addressis being provided for the correspondenceInformation of this application.
`
`Customer Number
`
`23377
`
`
`
`
`
`
`
`Email Address
`
`|
`
`Application Information:
`
`Title of the Invention
`
`System and Method of Communication Via Embedded Modulation
`
`Attorney Docket Number]REMB-0109 Small Entity Status Claimed [|
`Application Type
`Nonprovisional
`
`Subject Matter
`Utility
`Suggested Class(if any)PO Sub Class{if any)
`Suggested Technology Center(if any)
`Total Numberof Drawing Sheets (if any) PB
`
`
`
`Suggested Figure for Publication (if any)
`
`
`
`
`
`EFS Web 2.2.2
`
`Page 8 of 432
`
`

`

`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
`Underthe 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
`
`REMB-0109
`
`
`
`Title of Invention
`System and Method of Communication Via Embedded Modulation
`
`
`Attorney Docket Number
`
`Application Number
`
`Publication Information:
`
`
`Req uest Not to Publish. | hereby request that the attached application not be published under 35 U.S.
`[-] ©. 122(b) and certify that the invention disclosedin the attached application has not and will not be the subject of
`an application filed in ancther country, or under a multilateral international agreement, that requires publication at
`eighteen monthsafterfiling.
`
`Representative Information:
`
`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
`Enter
`either Customer
`Number
`or
`section
`below.
`If
`both
`complete
`Representative Name
`are completed the Customer Numberwill be used for the Representative Information during processing.
`
` C) Limited Recognition (37 CFR 11.9}
`(©) US PatentPractitioner
`Please Select One:
`(#) Customer Number
`23377
`
`
`
`Customer Number
`
`sections
`
`[_] Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`
`
`
`
`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
`entry from a PCT application. Providing this information in the application data sheet constitutes the specific reference required by
`35 U.S.C. 119(e) or 120, and 37 CFR 1.78{a)(2) or CFR 1.78(a}(4), and need not otherwise be made part of the specification.
`Remove
`Prior Application Status
`Pending
`
`Application Number
`
`Continuity Type
`
`Prior Application Number
`
`Filing Date (YYYY-MM-DD)
`
`Continuation of
`
`11774803
`
`2007-07-09
`
`Prior Application Status
`
`Remove
`
`Application Number
`
`Continuity Type
`
`Prior Application Number
`
`Filing Date (YYYY-MM-DD)
`
`11774803
`
`Continuation of
`
`10412878
`
`2003-04-14
`
`Prior Application Status
`
`Remove
`
`
`
`
`
`
` and 37 CFR 1.55(a).
`
`Application Number
`
`Continuity Type
`
`Prior Application Number
`
`Filing Date (YYYY-MM-DD)
`
`10412878
`
`Continuation in part of
`
`09205205
`
`1998-12-04
`
`Prior Application Status
`
`Application Number
`09205205
`
`Continuity Type
`
`non provisional of
`
`Remove
`
`Prior Application Number
`60067562
`
`Filing Date (YYYY-MM-DD)
`1997-12-05
`
`Additional Domestic Benefit/National Stage Data may be generated within this form
`by selecting the Add button.
`
`Add
`
`Foreign Priority Information:
`
`This section allows for the applicant to claim benefit of foreign priority and to identify any prior foreign application for which priority is
`not claimed. Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. 119(b)
`Page 9 of 432
`
`EFS Web 2.2.2
`
`Page 9 of 432
`
`

`

`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
`Underthe 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
`
`
`
`Title of Invention
`System and Method of Communication Via Embedded Modulation
`
`
`Application Number
`
`Application Number
`
`Priority Claimed
`
`ParentFiling Date (YYYY-MM-DD}
`
`Additional Foreign Priority Data may be generated within this form by selecting the
`Add button.
`
`Remove
`
`Assignee Information:
`
`Providing this information in the application data sheet does not substitute for compliance with any requirementof part 3 of Title 37
`of the CFR to have an assignmentrecorded in the Office.
`
`
`Assignee 1
`If the Assignee is an Organization checkhere.
`[|
`
`
`
`
`Prefix
`
`Given Name
`
`
`
`
`
`
`
`Middle Name
`
`Family Name
`
`Suffix
`
`
`
`
`
`Mailing Address Information:
`
`Address 1
`
`
`Address 2
`
`
`City
`State/Province
`
`
`Country |
`Postal Code
`
`Phone Number
`
`Fax Number
`
`Email Address
`
`
`Additional Assignee Data may be generated within this form by selecting the Add
`Add
`button.
`
`
`Signature:
`A signature of the applicant or representative is required in accordance with 37 CFR 1.33 and 10.18. Please see 37
`CFR 1.4(d) for the form of the signature.
`
`2009-08-19
`
`"Signature_|ivichae! A. Koptiw/
`
`Date (YYYY-MM-DD}|
`
`This collection of information is required by 37 CFR 1.76. The information is required to obtain or retain a benefit by the public which
`is to file (and by the USPTOto process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This
`collection is estimated to take 23 minutes to complete, including gathering, preparing, and submitting the completed application data
`sheet form to the USPTO. Time will vary depending upon the individual case. Any comments on the amountof 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 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissionerfor Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`EFS Web 2.2.2
`
`Page 10 of 432
`
`Page 10 of 432
`
`

`

`Privacy Act Statement
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1.
`
`The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552)
`and the Privacy Act (5 U.S.C. 552a). Records from this system of records may be disclosed to the Department of Justice to determine
`whether the Freedom cofInformation Act requires disclosure of these records.
`
`A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or
`administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.
`
`A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an
`individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of
`the record.
`
`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 aspart of that agency's responsibility to recommend improvements in records
`management practices and programs, under authority of 44 U.S.C. 29804 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 aboutindividuals.
`
`(1) the general authority for the collection
`a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that:
`of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information sclicited 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 abandonmentof the application or expiration of the patent.
`
` 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 record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant
`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 wasfiled in an application which became abandonedorin 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.
`
`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 awareof a violation or potential violation of law or regulation.
`
`Page 11 of 432
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`EFS Web 2.2.2
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`Page 11 of 432
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`

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`1/8
`
`Tributary
`Transceiver
`26
`
`Tributary
`Transceiver
`26
`
`
`
`—— @@
`
`Master
`Transceiver
`24
`
`28
`
`22
`
`
`
`Tributary
`Transceiver
`26
`
`FIG. 1
`Prior Art
`
`Page 12 of 432
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`Page 12 of 432
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`

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`2/8
`
`Trib 2
`26b
`
`Master
`24
`
`Trib 1
`26a
`
`3?
`
`34
`
`36
`
`38
`
`42
`
`44
`
`46
`
`48
`
`52
`
`54
`
`FIG. 2
`
`Page 13 of 432
`
`Establish
`Modulation
`
`Establish
`Modulation
`
`32
`
`34
`
`36
`
`38
`
`48
`
`52
`
`54
`
`56
`
`e
`
`62
`
`Page 13 of 432
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`

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`3/8
`
`
`Master Transceiver
`
`Modulator
`72
`
`
`
`
`
`Demodulator
`
`v4
`
`
`Control
`
`
`Program
`,
`
`Type A+B
`Central Procesing
`
`
`78
`vnee)
`
`
`
`
`94
`
`
`
`Trib Modem
`
`
`
`Modulator
`84
`
`Demodulator
`86
`
`
`
`
`
`
`
`Control
`
`
`Program
`Central Procesing
`Type X
`Unit (CPU)
`
`
`
`92
`82
`
`
`
`
`FIG. 3
`
`Page 14 of 432
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`

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`4/8
`
`ee
`
`100
`
`
`
`
`
`Tributary
`Tributary
`Transceiver
`Transceiver
`
`
`
`Type A
`Type A
`
`66a
`66a
`
`
`
`
`
`
`Master
`Transceiver
`Type A+B
`64
`
`ee @
`
`ee @
`
`
`
`Tributary
`Transceiver
`
`
`Type B
`66b
`
`
`FIG. 4
`
`Page 15 of 432
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`

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`5/8
`
`Trib 1
`Master
`Trib 2
`
`TypeB TypeA+B-TypeA
`66b
`64
`66a
`
`Establish Modulation|104
`Type A
`
`To Type B 108
`Address + Data a
`
`FIG. 5 118
`144
`
`Training - Change
`
`Trailing
`Type A
`
`106
`
`114
`
`126
`
`132
`
`134
`
`138
`
`142
`
`Page 16 of 432
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`

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`6/8
`
`
`
`
`Ignore
`Type A
`
`
`Type B
`Transmission
`Address + Data
`102
`
`
`Complete
`
`Transmission
`
`
`
`Time Out/
`
`
`
`
`Receive
`Transmit
`
`
`Trailing
`
`
`
`Type B
`Type B
`
`Data
`Data
`
`
`
`
`
`112
`116
`
`
`
`Poll Request/
`Trailing
`
`FIG. 6
`
`Page 17 of 432
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`

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`7/8
`
`
`
`Ignore
`
`Type B
`
`
`Transmission
`
`124
`
`
`
`
`Wait For
`Type A
`Training
`
`Training:
`Change To Type B
`
`Trailing:
`Type A
`
`
`
`Training
`
`
`
`Complete
`122
`Transmission
`
`
`
`
`Trailing Receive
`
`
`
`
`Type A
`Data
`
`
`
`128
`
`
`
`Transmit
`Type A
`Data
`136
`
`Poll Request/
`Trailing
`
`FIG. 7
`
`Page 18 of 432
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`

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`8/8
`
`Trib
`Master
`TypeA+B TypeA+B
`64
`66a
`
`Establish Modulation|750
`Type A
`
`Notification - Change|752
`
`Test Signal
`
`To Type Bii 154
`
`Trailing
`Type A
`
`156
`
`Page 19 of 432
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`

`

`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 22313-1450
`
`Sir:
`
`AUTHORIZATION TO TREAT A REPLY AS INCORPORATING AN EXTENSION OF
`TIME UNDERC.E.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 pendencyofthis
`
`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
`
`Page 20 of 432
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`Page 20 of 432
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`

`

`REMB-0109
`
`SYSTEM AND METHOD OF COMMUNICATION VIA EMBEDDED MODULATION
`
`CROSS REFERENCE TO RELATED APPLICATION
`
`[0001] This application is a continuation of U.S. Application No. 11/774,803, filed on
`
`July 9, 2007, which is a continuation of U.S. Application No. 10/412,878, filed April 14, 2003,
`
`which is a continuation-in-part of U.S. Application No. 09/205,205, filed December4, 1998, and
`
`which claims priority to and the benefit of the filing date of U. 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 amonga plurality
`
`of modem types.
`
`BACKGROUND
`
`[0003]
`
`In existing data communications systems, a transmitter and receiver modem pair
`
`can successfully communicate only when the modemsare 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 modemsoperate in
`
`either the industry standard V.34 modeor the industry standard V.22 mode. Similarly, in a
`
`multipoint architecture, all modemsoperate, for example, in the industry standard V.27bis mode.
`
`-l-
`
`Page 21 of 432
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`Page 21 of 432
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`

`

`REMB-0109
`
`While the modems maybe capable of using several different modulation methods, a single
`
`common modulation is negotiated at the beginning of a data session to be used throughoutthe
`
`duration of the session. Should it become necessary to change modulation methods, the existing
`
`data session is torn down, and a new session is negotiated using the new modulation method.
`
`Clearly, tearing down an existing data session causesa significant disruption in communication
`
`between the two modems.
`
`[0004]
`
`Asdiscussedin the foregoing, communication between modemsis 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 numberofretry attempts
`
`has been reached. Essentially, communication on the link is impossible without replacing one of
`
`the modemssuchthat the resulting modem pair uses a common modulation method.
`
`[0005]
`
`Ina multipoint architecture, a single central, or "master," modem communicates
`
`with two or moretributary or "trib" modemsusing a single modulation method. If one or more
`
`of the trib modemsare not compatible with the modulation method used by the master, those
`
`tribs will be unable to reccive communications from the master. Morcover, 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 gencrally have to be equipped with a high performance modem to cnsure
`
`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 expensivestate 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 methodsare
`
`-2-
`
`Page 22 of 432
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`Page 22 of 432
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`

`

`REMB-0109
`
`used to facilitate communication amonga 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 whichthe 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. Thefirst tributary transceiver uses a primary modulation method for
`
`communication while the secondtributary 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 communicatio