throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re application of:
`Jacob W. J ORGENSEN
`
`Appl. No. 09X349,477
`Confirmation No.
`
`Filed: July 9,1999
`
`F TMNSMISS‘ONCONTROL
`PROTOCOL/INTERNET
`PROTOCOL (TCP/IP)
`PACKET-CENTRIC WIRELESS
`
`POINT TO MULTI-POINT
`
`(PTMP) TRANSMISSION
`SYSTEM ARCHITECTURE
`
`Art Unit: 2155
`
`Examiner:
`Philip 'B. Tran
`
`Atty. Docket No. 367’92-162236
`(formerly A-21505)
`
`Customer No.
`
`lllllllllllllllllllllllllllllll
`26694
`PA‘E'ENT TRADEMARK OFFICE
`
`After Final Amendment and Re 1 Under 37 C.F.R.
`
`1.116
`
`Honorable Assistant Commissioner for Patents
`
`Washington, DC. 20231
`
`Sir:
`
`In reply to the Final Office Action dated October 5, 2001 (PTO Prosecution File
`
`Wrapper Paper No. 10) and in furtherance of Applicant’s personal interview with Examiners
`
`Philip Tran and Ario Etienne on November 08, 2001, Applicant submits the following
`
`Amendment and Reply.
`
`It is not believed that extensions of time or fees for net addition of claims are required
`
`beyond those that may otherwise be provided for in documents accompanying this paper.
`
`DC2l334360J
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`Intellectual Ventures 1 LLC
`
`Exhibit: 2007
`
`ERICSSON V. IVE
`
`IPR20 1 8—0072?
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`

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`JORGENSEN
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`App]. No. 09i349,477
`
`However, if additional extensions of time are needed to prevent abandonment of this application,
`
`then such extensions of time are hereby petitioned under 37 CPR. § 1.136(a), and any fees
`
`required therefor (inciuding fees for net addition of claims), and any other fee deficiency are
`
`hereby authorized to be charged, and any overpayments credited to, our Deposit Account No. 22-
`
`0261.
`
`In the Claims:
`
`Please amend claims as follows:
`
`Amendments
`
`1.
`
`A packet-centric wireless point to multi-point telecommunications system
`
`comprising:
`
`a wireless base station communicating via a packet-centric protocol to a first data
`
`network;
`
`one or more host workstations communicating via said packet-centric protocol to said
`
`first data network;
`
`one or more subscriber customer premise equipment (CPE) stations coupled with said
`
`wireless base station over a shared wireless bandwidth via said packet-centric protocol over a
`
`wireless communication medium, wherein said packet-centric protocol used over said wireless
`
`communication mediumis not circuit-centric, and wherein real-time wireless bandwidth
`
`Wtfifieéuplf;MM“
`V blfl
`allocations and systemresource allocations are determined Eiccording topacketigontentfiwand 76‘6"“'MMLEP
`
`one or more subscriber workstations coupled via said packet-c—entric protocol to each
`
`of said subscriber CPE stations over a second network.
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`J ORGENS EN
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`Appl. No. 09849.47?
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`2.
`
`The system of claim 1, wherein said packet-centric protocol is transmission
`
`control protocoli’internet protocol (TCPIIP).
`
`3.
`
`The system of claim 1, wherein said packet-centric protocol is u3er datagram
`
`protocolfinternet protocol (UDPJ’IP).
`
`4.
`
`The system of claim 1, further comprising:
`
`resource allocation means for allocating said shared wireless bandwidth among said
`
`subscriber CPE stations.
`
`5.
`
`The system of claim 4, wherein said resource allocation means allocates said
`
`shared wireless bandwidth so as to Optimize end-user quality of service (Q08).
`
`6.
`
`The system of claim 1, wherein said wireless communication medium
`
`comprises at least one of:
`
`a radio frequency (RF) communications medium;
`
`a cable communications medium; and
`
`a satellite communications medium.
`
`7'.
`
`The system of claim 6, wherein said wireless communication medium
`
`further comprises, a telecommunications access method including at least one of:
`
`a time division multiple access (TDMA) access method;
`
`a time division multiple access 3' time division duplex (TDMNTDD) access method;
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`J ORGENSEN
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`Appl. No. 098494177
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`a code division multiple access (CDMA) access method; and
`
`a frequency division multiple access (FDMA) access method.
`
`8.
`
`The system of claim 1, wherein said first data network comprises at least one
`
`a wireline network;
`
`a wireless network;
`
`a local area network (LAN); and
`
`a wide area network (WAN).
`
`9.
`
`The system of claim 1, wherein said second network comprises at least one
`
`of:
`
`of:
`
`a wireline network;
`
`a wireless network;
`
`a local area network (LAN); and
`
`a wide area network (WAN).
`
`10.
`
`The system of claim 1, further comprising:
`
`a resource allocator that allocates said shared wireless bandwidth among said
`
`subscriber CPE stations.
`
`11.
`
`The system of claim 10, wherein said resource allocator optimizes end-user
`
`quality of service (QoS).
`
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`12.
`
`The system of claim 10, wherein said resource allocator is application
`
`aware.
`
`JORGENSEN
`Appl. No. 091349,477
`
`13.
`
`A packet-centric wireless point to multi~point telecommunications system
`
`comprising:
`
`a wireless base station communicating via a packet~centric protocol to a first data
`
`network, wherein said packet-centric protocol comprises at least one of a transmission control
`
`protocoltintemet protocol (TCPflP), and a user datagram protocolr’internet protocol (UDPr’lP);
`
`one or more host workstations communicating via said packet-centric protocol to said
`
`first data network;
`
`one or more subscriber customer premise equipment (CPE) stations coupled with said
`
`wireless base station over a shared wireless bandwidth via said packet-centric protocol over a
`
`wireless communication medium, wherein said packet-centric protocol used over said wireless
`
`“I fail“
`communication medium is not circuit-centric, and wherein real-timeL Weless bandwidth and
`'
`.
`_-
`_
`..
`{C
`at} packets to 96-5935: m .
`system resource allocatlons are determinedEccordmg to packerrcontent£and
`(EM #1; w mm. mum-n
`
`one or more subscriber workstations coupled via said packet-centric protocol to each
`
`of said subscriber CPE stations over a second network.
`
`14.
`
`The system of claim 13, further comprising:
`
`resource allocation means for allocating said shared wireless bandwidth among said
`
`subscriber CPE stations and wherein said resource allocation means comprises means for
`
`performing bandwidth allocation to ensure optimal endeuser quality of service (Q03).
`
`15.
`
`The system of claim 13, wherein said wireless communication medium
`
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`Appl. No. 09r’349,4?7
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`comprises a radio frequency (RF) communicatiOns medium.
`
`16.
`
`The system of claim 13, wherein said wireless communication mediurn
`
`comprises
`
`a cable communications medium.
`
`17.
`
`The system of claim 13, wherein said wireless communication medium
`
`further compriSes, a telecommunications access method including a time division multiple access
`
`I’ time division duplex (TDMAETDD) access method.
`
`18.
`
`The system of claim 13, wherein said first data network comprises a
`
`wireline wide area network (WAN) and said second network comprises a wireline local area
`
`network (LAN).
`
`19.
`
`The system of claim 13, further comprising:
`
`a resource allocator that allocates said shared wireless bandwidth among said
`
`subscriber CPE stations, wherein said resource allocator optimizes end—user quality of service
`
`(QoS), and wherein said resource allocator is application aware.
`
`20.
`
`The system of claim 13, wherein said packet-centric protocol is not an
`
`asynchronous transfer mode protocol.
`
`DC 2834360.]
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`

`

`21.
`
`The system of claim 1, wherein said real-time wireless bandwidth
`
`allocations and system resource allocations are made based on at least one of:
`
`JORGENSEN
`
`App]. No. 0984247?
`
`a packet header contents, and
`
`a packet payload contents.
`
`22.
`
`The system of claim 13, wherein said real-time wireless bandwidth
`
`allocations and system resource allocations are made based on at least One of:
`
`a packet header contents, and
`
`a packet payload contents.
`
`Remarks
`
`Upon entry of the foregoing amendment, claims 1-22 will be pending in the application.
`
`New claims 21-22 are sought to be added. Claims 1, 4, 5, 10, 13, 14, and 19 are sought to be
`
`amended to more clearly claim Applicant’s invention. These changes are believed to introduce
`
`no new matter, and their entry is respectfully requested.
`
`A cepy showing the markings of the changes made is attached.
`
`Examiner Interview
`
`Applicant wishes to thank Examiner Philip Tran and Primary Examiner Ario Etienne for
`
`the personal interview conducted on November 18, 200]. During the interview, Examiner Tran
`
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`•
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`•
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`JORGENSEN
`Appl. No. 09/349,477
`
`kindly clarified the remaining issues in the application and stated that he was willing to consider
`
`a proposed amendment that would clarify the meaning of the tenn "packet-centric" as ogposed to
`
`"circuit-centric." Proposed amendments to claims 1 and 13 clarify the tenn "packet-centric" and
`
`more clearly distinguish the claimed invention from the conventional "circuit-centric" protocols
`
`disclosed in the applied references that fonn the basis ofthe rejection of claims 1-15 and 17-20
`
`under 35 U.S.C. § 103(0).
`
`Based on the above amendments and the following remarks, Applicant respectfully
`
`submits that this application is in condition for allowance.
`
`Claim Interpretation
`
`Claims 1 and 13, as amended, now even more clearly recite customer premise equipment
`
`(CPE) stations coupled with a wireless base station over a shared wireless bandwidth via a
`
`"packet-centric protocol," where the packet-centric protocol is " not circuit-centric," and where
`
`" real-time wireless bandwidth allocations and system resource allocations" are detennined
`
`according to packet contents. As clearly defined in the specification, to be "packet-centric" and
`
`not "circuit-centric," a packet-centric network or protocol "does not use dedicated circuits
`
`through which to transfer packets." Page 57, lines 8-9. In a packet-centric protocol, when a large
`
`file is sent down the protocol stack, "segmentation and packetization of the data" occurs, and
`
`then "a header is placed on the packet for delivery to the data link." Page 57, lines 11-1 2. A
`
`"circuit-centric" network such as an asyncruonous transfer mode (ATM) network is different
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`•
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`•
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`JORGENSEN
`Appl. No. 09/349,477
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`from a packet.centric protocol network, in that the circuit-centric network sets up "virtual circuits
`
`between source and destination nodes ... by dedicating the virtual circuit to a specific traffic type."
`
`Page 57. lines 6-7. Unlike the circuit-centric protocol, the packet-centn,c protocol does "not
`
`specifically route" the packets across a "specific channel." Page 57, lines 14-15. Instead, the
`
`packet-centric protocol places a header on the packet and lets the network deal with it. Page 57,
`
`lines 15-1 6. "Therefore, the outbound packets can take various routes to get from a source to a
`
`destination. This means that the packets are in a datagram fann and not sequentially numbered
`
`as they are in other protocols," Page 57,lines 16~18.
`
`Where the specification provides definitions for claim terms. the specification may be
`
`used in interpreting claim language. In re Vogel, 422 F.2d 438, 441,164 USPQ 6 19, 622 (CCPA
`
`1970). Here, the definitions of the terms "packet·centric" and "circuit·centric" are provided in
`
`the specification, page 57, and should be given proper weight in interpreting the terms. Claims
`
`are not to be read in a vacuum, and limitations therein are to be interpreted in light of
`
`specification. In re Marosi, 710 F.2d at 802,218 USPQ at 292 (quoting Tn re Okuzawa, 537 F.2d
`
`545 , 548, 190 USPQ 464, 466 (CCPA 1976).
`
`Here. reading the claims in light of the specification, the claim term "packet·centric
`
`protocol" should be reasonably interpreted to mean a protocol in which "segmentation and
`
`packetization of the data" occurs, and then "a header is placed on the packet for delivery to the
`
`data link", where "the packets are not in a datagram form and not sequentially numbered." Page
`
`57, lines 11 · 12 and 16-18. The "packet-centric protocol" which is not "circuit-centric" should be
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`•
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`•
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`JORGENSEN
`Appl. No. 09/349,477
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`reasonably interpreted to mean that the packet-centric protocol is not a protocol that sets up
`
`"virtual circuits between source and destination nodes ... by dedicating the virtual circuit to a
`
`specific traffic type" such as the circuit-centric ATM protocol. Page 57, lines 6-7.
`
`Rejections uuder 35 U.s. c. § 103
`
`In the Final Office Action dated October 5,2001, the Examiner rejects claims 1-3,6,8-9,
`
`13, 15, 18, and 20 under 35 U.S.c. § 103(a) as being unpatentable over Smith, U.S. Patent No.
`
`5,930,472 (hereafter "Smith") in view of Focsaneanu et al. U.S. Patent No. 5,6 10,9 10 (hereafter
`
`"Focsaneanu"). Applicant respectfully requests that the Examiner reconsider and withdraw the
`
`rejection for the following reasons.
`
`Referring now to claims 1 and 13, under the broadest reasonable interpretation, neither
`
`Smith nor Focsaneanu, alone or in combination, can be considered to teach or suggest a "packet-
`
`centric protocol" which is "not circuit-centric" and where the system includes "real-time wireless
`
`bandwidth allocations and system resource allocations detennined according to packet contents."
`
`To be "packet-centric" and not be "circuit-centric," the protocol includes "segmentation and
`
`packetization of the data" and placing of a header "on tbe packet." Specification, page 57, lines
`
`11-1 2. Furthennore, the packets of a packet-centric protocol are "in a datagram fonn and not
`
`sequentially numbered as they are in other protocols." Page 57, lines 16-18. Still further, the
`
`packet-centric protocol is not a protocol that sets up " virtua l circuits between source and
`
`destination nodes ... by dedicating the virtual circuit to a specific traffic type." Page 57, lines 6-7.
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`Appl. No. 09/349,477
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`However, the two references alone or in combination do not teach or suggest a protocol
`
`that meets the above definition of the “packet-centric protocol” which is not “circuit-centric.”
`
`For example, Focsaneanu discloses that the Fig. 7 circuit relied on by the examiner in the
`
`combination rejection is in fact a circuit-centric ATM network, according to lines 17-18 of
`
`column 7; an ATM is a circuit-centric protocol, as disclosed by the present application on page
`
`57, lines 6-7 of the specification.
`
`Moreover, the applied references alone or in combination do not teach or suggest “real-
`
`time wireless bandwidth allocations and system resource allocations determined according to
`
`packet contents.”
`
`Therefore, claims 1 and 13 are patentable over the applied references, Smith and
`
`Focsaneaunu, alone or in combination. For at least the reasons discussed above with reference to
`
`independent claims 1 and 13, dependent claims 2, 3, 6, 8-9, 15, 18 and 20 are also patentable
`
`over Smith and Focsaneaunu, alone or in combination.
`
`It is respectfully requested therefore that the rejection ofclaims 1-3, 6, 8-9, 13, 15, 18,
`
`and 20 under 35 U.S.C. §103(a) as being unpatentable over Smith in view of Focsaneanu et a1 be
`
`withdrawn since the applied references, either individually or in combination, fail to teach or
`
`suggest all of the recited features of claims 1-3, 6, 8-9, 13, 15, 18, and 20.
`
`In the Final Office Action, the Examiner also rejects claims 4-5, 7, 1042, 14, 17, and 19
`
`under 35 U.S.C. §103(a) as being unpatentable over Smith in View of Focsaneanu et a1 and
`
`further in view of Cheng et al., “Wireless Intelligent ATM Network and Protocol Design for
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`Appl. No. 09f349,477
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`Future Personal Communication Systems,” IEEE 1997 (hereafter “Cheng”). For at least the same
`
`reasons described above with reference to independent claims 1 and 13, Applicant submits that
`
`dependent claims 4-5, 7", 10-12, 14, 1’}, and 19, respectively, are also patentable.
`
`Further, as discussed during the personal interview with the Examiner, the “enduser QoS”
`
`feature of claims 5, 11, and 19 further distinguishes the claimed invention over the applied
`
`references. Cheng, relied on in the rejectiou of claims 5, 11 an 19, apparently teaches the use of
`
`elements like forward error correction (FEC), convolutional coding, and acknowledgement
`
`requests (ARQS) to meet a bit error rate (BER). See page 1289, right column, line 21. Cheng is
`
`using BER as a measure of QoS. This would be appropriate if measuring QoS with the
`
`traditional telecommunications industry. However, the BER is an OSI standard layer 1 or
`
`physical layer characteristic. However, the QoS referred to in claims 5, l 1, and 19 are “enduser”
`
`QoS, or an intcmet protocol UP) (208, as opposed to a BER interpretation of QoS. BER QoS and
`
`1:? QoS are completely different types of quality of service. I? QoS is concerned with scheduling
`
`and packet prioritization, not telephony signal characteristics, the realm of BER QoS. The [P
`
`protocol assumes that the underlying network provides best effort delivery services. A system
`
`with certain [P QoS characteristics such as, e.g., prioritized packet queuing, can behave in a
`
`specific manner regardless of the BER.
`
`[P QOS at OSI layer 3 is above the BER level OSI layer
`
`1. The Examiner sites the concept of spectral efficiency as an optimization of Q08. Spectral
`
`efficiency is possible in the world of radio spectrum utilization. However, what provides high
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`Appl. No. 098414"?!
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`spectral utilization may produce poor latency and jitter (i.e., two well known data networking
`
`QoS parameters) for packets. Again, spectral efficiency and IP (208 are not related.
`
`Furthermore, Cheng deals with asynchronous transfer mode (ATM). ATM is a cell
`
`centric, circuit centric protocol, unlike the packet centric protocol of the present invention. An
`
`ATM segmentation and rcsequencing algorithm (SAR) cuts a packet into fragments called cells,
`
`prior to transmission over a link. No application based QoS support decisions can be made using
`
`ATM because no one element has the packet per se. Intervening network elements only see the
`
`fragments (cells) and not the whole packet as in the present invention. The best that ATM can do
`
`is to classify packets and place the cells of such packets into a permanent virtual circuit (PVC)
`
`having a certain QoS quality. In the case of ATM, QoS is provided quite differently than the
`
`present invention, by creating virtual circuits having particular QoS characteristics. In ATM, no
`
`active resource allocation or reconfiguration occurs to support the QoS of an application. Thus,
`
`claims 5, ll and 19 are also patentable over the applied references for at least the above reasons.
`
`Regarding claims 12 and 19, Smith, Focsaneanu and Cheng, alone or in combination, do
`
`not teach or suggest the feature of a network element that supports the application layer of the
`
`081 model, i.e., layer 7", by modifying the behavior of protocol stack layers one through four.
`
`Conventional network elements are aware of some network protocols. The awareness of traffic
`
`flowing through a network element normally only encompasses layers 1 (physical), 2 (data link),
`
`through 3 (network), and perhaps 4 (transport).
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`IORGENSEN
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`Appl. No. 09/349,47?
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`Advantageously, the present invention is “application aware.” A network element
`
`performing the functions described in the present invention has knowledge of layers 1 through 7.
`
`The application aware network element can obtain this awareness via, e. g, configuration files,
`
`the classification. mechanism of the present invention, and the application operational profiles.
`
`Conventional classifiers perform classification using packet components from layer 1 through 3
`
`and the lower half of layer 4 (Le, distinguish UDP from TCP). The present invention performs
`
`additional analysis on layers 4 through 7' to identify (e.g., from source or destination information)
`
`the application in use. The present invention then can use the knowledge identified to provide
`
`further improved QoS network resources. The present invention not oniy can identify the
`
`application, but also can continuously reconfigure resource allocations based 0n the application.
`
`By doing so, the present invention can provide an optimal QOS for the application. Thus claims
`
`12 and 19 are patentable over the applied references.
`
`Claim 16 has not been specifically rejected so that it is respectively submitted to be
`
`allowable.
`
`Newly added claims 21 and 22 are also submitted as patentable over the applied
`
`references since claims 21 and 22 are dependent upon the allowable claims 1 and 13.
`
`Furthermore, the feature of making real-time wireless bandwidth allocations and system resource
`
`allocations based on at least one of packet header contents or packet payload contents also
`
`. distinguish claims 21 and 22 from the references of record. Thus, claims 21 and 22 are also
`
`allowable.
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`JORGENSEN
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`Appl. No. oats-49,477
`
`Conclusion
`
`In View of the clarifying amendments to claims 1—20, Applicant believes that the claims
`
`are now allowable over the applied references. The claims including the terms “packetncentric”
`
`and “circuit-centric” under the reasonable interpretation of the claims in light of the specification
`
`are clearly distinguished over the applied references. Therefore, Applicant respectfully requests
`
`that the Examiner allow claims 1-20 along with the newly added dependent claims 21 —22 and that
`
`the claims he passed to issue. If there is any issue that prevents the allowance of Applicant’s
`
`application, Applicant requests that the Examiner call the undersigned to expedite prosecution.
`
`Respectfully submitted,
`
`
`
`
`
`a ph . Alb
`Attorney for Applicant
`Registration No. 43 ,466
`VENABLE
`
`PO. Box 34385
`
`Washington, DC. 20043—9998
`Telephone: (202) 216-8166
`Telefax: (202) 962-8300
`
`Date: December 20, 2001
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`RPNJHK
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`VERSION WITH MARKINGS TO SHOW CHANGES MADE
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`JORGENSEN
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`Appl. No. 098419.477
`
`What Is Claimed Is:
`
`1.
`
`A packet-centric wireless point to multi-point telecommunications system
`
`comprising:
`
`a wireless base station communicating via a packet-centric protocol to a first data
`
`network;
`
`one or more host workstations communicating via said packet-centric protocol to said
`
`first data network;
`
`one or more subscriber customer premise equipment (CPE) stations coupled with said
`
`wireless base station over a shared wireless bandwidth via said packet-centric protocol over a
`
`
`wireless communication medium. wherein said packet-centric protocol used over said wireless
`
`communication medium is not circuit-centric, and wherein real—time wireless bandwidth
`
`
`allocations and system resource allocations are determined according to packet contents; and
`
`one or more subscriber workstations coupled via said packet~centric protocol to each
`
`of said subscriber CPE stations over a second network.
`
`4.
`
`The system of claim 1, further comprising:
`
`
`resource allocation means for allocating said shared wireless bandwidth among said
`
`subscriber CPE stations.
`
`5. The system of claim 4, wherein said resource allocation means allocates said shared
`
`wireless bandwidth so as to i—s—peefenned—teoptimize end~user quality of service (Q08).
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`J ORGENSEN
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`Appl. No. 09,849,471?
`
`10.
`
`The system of claim 1, further comprising:
`
`a resource allocator that allocates said shared wireless bandwidth among said
`
`subscriber CPE stations.
`
`13.
`
`A packet-centric wireless point to multi-point telecommunications system
`
`comprising:
`
`a wireless base station communicating via a packet-centric protocol to a first data
`
`network, wherein said packet-centric protocol comprises at least one of a transmission control
`
`protocolfintemet protocol (TCPIIP), and a user datagram protocolr’intemet protocol (UDPHP);
`
`one or more host workstations communicating via said packet-centric protocol to said
`
`first data network;
`
`one or more subscriber customer premise equipment (CPE) stations coupled with said
`
`wireless base station over a shared wireless bandwidth via said packet-centric protocol over a
`
`wireless communication medium, wherein said packet—centric protocol used over said wireless
`
`
`communication medium is not circuit-centric. and wherein realatime wireless bandwidth
`
`
`allocations and system resource allocations are determined according to packet contents; and
`
`one or more subscriber workstations coupled via said packet-centric protocol to each
`
`of said subscriber CPE stations over a second network.
`
`14.
`
`The system of claim 13, further comprising:
`
`resource allocation means for allocating said shared wireless bandwidth among said
`
`subscriber CPE stations and wherein said resource allocation means comprises means for
`
`performing bandwidth allocation to ensure optimal end-user quality of service ((208).
`
`nc2x334360.1
`
`-1 7-
`
`

`

`JORGENSEN
`
`Appl. No. 09f349,477
`
`19.
`
`The system of claim 13, further comprising:
`
`a resource allocator that allocates said shared wireless bandwidth among said
`
`subscriber CPE stations, wherein said resource allocator optimizes end-user quality of service
`
`(QoS), and wherein said resource allocator is application aware.
`
`Please add the following new claims.
`
`21.
`
`The system of claim 1, wherein said real-time wireless bandwidth
`
`allocations and system resource allocations are made based on at least one of:
`
`a packet header contents, and
`
`a packet payload contents.
`
`22.
`
`The system of claim 13, wherein said real-time wireless bandwidth
`
`allocations and system resource allocations are made based on at least one of:
`
`a packet header contents, and
`
`a packet payload contents.
`
`DC21334360.1
`
`-18-
`
`

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