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`O
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re application of:
`Jacob W. JORGENSEN
`
`Appl. No. 091341477
`Confirmation No.
`
`Filed: July 9, 1999
`
`F‘"
`
`lifililéif’E/‘I‘LNTEEEEO"
`PROTOCOL (TCP/IP)
`PACKET-CENTRES WIRELESS
`
`POINT To MULTI—POINT
`
`(PTMP) TRANSMISSION
`SYSTEM ARCHITECTURE
`
`Art Unit: 2155
`
`Examiner:
`Philip B. Tran
`
`Atty. Docket No. 36792-162236
`(formerly A-21505)
`
`Customer No.
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`Hllllllllllllllllllll||||||||||||
`26694
`“TENTTWEWMM
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`After F inal Amendment and Re 1 Under 37 C.F.R.
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`1.116
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`Honorable Assistant Commissioner for Patents
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`Washington, DC. 20231
`
`Sir:
`
`In reply to the Final Office Action dated October 5, 2001 (PTO Prosecution File
`
`Wrapper Paper No. 10) and in fiirtherance of Applicant’s personal interview with Examiners
`
`Philip Tran and Ario Etienne on November 08, 2001, Applicant submits the following
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`Amendment and Reply.
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`It is not believed that extensions of time or fees for net addition of claims are required
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`beyond those that may otherwise be provided for in documents accompanying this paper.
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`DC22’334360-1
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`Intellectual Ventures 1 LLC
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`Exhibit 2008
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`ERICSSON V. IV I
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`IPR2018-00727
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`O
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`O
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`JORGENSEN
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`Appl. No. 09f349,477
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`However, if additional extensions of time are needed to prevent abandonment of this application,
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`then such extensions of time are hereby petitioned under 37 CPR. § 1. 136(a), and any fees
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`required therefor (including fees for net addition of claims), and any other fee deficiency are
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`hereby authorized to be charged, and any overpayments credited to, our Deposit Account No. 22
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`0261.
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`In the Claims:
`
`Please amend claims as follows:
`
`Amendments
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`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
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`one or more subscriber workstations coupled via said packet-centric protocol to each
`
`of said subscriber CPE stations over a second network.
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`2.
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`The system of claim 1, wherein said packet-centric protocol is transmission
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`control protocoll’intemet protocol (TCPflP).
`
`3.
`
`The system of claim I, wherein said packet-centric protocol is user datagram
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`protocol/intemet protocol (UDPKIP).
`
`4.
`
`The system of claim 1, further comprising:
`
`resource allocation means for allocating said shared wireless bandwidth among said
`
`subscriber CPE stations.
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`5.
`
`The system of claim 4, wherein said resource allocation means allocates said
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`shared wireless bandwidth so as to optimize end-user quality of service (Q08).
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`6.
`
`The system of claim 1, wherein said wireless communication medium
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`comprises at least one of:
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`a radio frequency (RF) communications medium;
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`a cable communications medium; and
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`a satellite communications medium.
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`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 ;‘ time division duplex (TDMNTDD) access method;
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`a code division multiple access (CDMA) access method; and
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`a frequency division multiple access (FDMA) access method.
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`8.
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`The system of claim 1, wherein said first data network comprises at least one
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`a wireline network;
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`a wireless network;
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`a local area network (LAN); and
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`a wide area network (WAN).
`
`9.
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`The system of claim 1, wherein said second network comprises at least one
`
`a wireline network;
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`a wireless network;
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`a local area network (LAN); and
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`a wide area network (WAN).
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`of:
`
`of:
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`10.
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`The system of claim 1, further comprising:
`
`a resource allocator that allocates said shared wireless bandwidth among said
`
`subscriber CPE stations.
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`1 1.
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`The system of claim 10, wherein said resource allocator optimizes end~user
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`quality of service (QoS).
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`12.
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`The system of claim 10, wherein said resource allocator is application
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`aware.
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`JORGENSEN
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`App]. No. 09,849,477
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`13.
`
`A packet-centric wireless point to multi-point telecommunications system
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`comprising:
`
`a wireless base station communicating via a packet-centric protocol to a first data
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`network, wherein said packet-centric protocol comprises at least one of a transmission control
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`protocolr’intemet protocol (TCPfEP), and a user datagram protocolfintemet 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
`
`communication medium is not circuit-centric, and wherein real-time wireless bandwidth and
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`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 (Q08).
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`15.
`
`The system of claim 13, wherein said wireless communication medium
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`comprises a radio frequency (RF) communications medium.
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`16.
`
`The system of claim 13, wherein said wireless communication medium
`
`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
`
`1’ time division duplex (TDMMTDD) 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.
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`20.
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`The system of claim 13, wherein said packet-centric protocol is not an
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`asynchronous transfer mode protocol.
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`Appl. No. 09/349,477
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`21.
`
`The system afclaim I, wherein said real-time wireless bandwidth
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`allocations and system resource allocations are made based on at least one of:
`
`a packet header contents, and
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`a packet payload contents.
`
`22.
`
`The system of claim 13, wherein said real-time wireless bandwidth
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`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 wi ll 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
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`no new matter, and their entry is respectfully requested.
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`A copy showing the markings afthe changes made is attached.
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`Exami"er b,lerview
`
`Applicant wishes to thank Examiner Philip Tran and Ario Etienne for the personal
`
`interview conducted on November 18,2001 . During the interview, Examiner Tran kindly
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`JORGENSEN
`Appl. No. 091349,477
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`clarified the remaining issues in the application and stated that he was willing to consider a
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`proposed amendment that would clarify the meaning of the tenn "packet-centric" as opposed to
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`"circuit-centric." Proposed amendments to claims 1 and 13 clarify the tenn "packet-centric" and
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`more clearly distinguish the claimed invention from the conventional "circuit-centric" protocols
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`disclosed in the applied references that form the basis of the rejection of claims 1-15 and 17-20
`
`under 35 U.S.c. § 1 03(0).
`
`Based on the above amendments and the following remarks, Applicant respectfully
`
`summits that this application is in condition for allowance.
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`Claim Interpretation
`
`Claims I and 13, as amended, now even more clearly recite customer premise equipment
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`(CPE) stations coupled with a wireless base station over a shared wireless bandwidth via a
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`"packet-centric protocol," where the packet-centric protocol is " not circuit-centric," and where
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`" real-time wireless bandwidth allocations and system resource allocations" are determined
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`according to packet contents. As clearly defined in the specification, to be "packet-centric" and
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`not "circuit-centric," a packet-centric network or protocol "does not use dedicated circuits
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`through which to transfer packets." Page 57, lines 8-9. In a packet-centric protocol, when a large
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`file is sent down the protocol stack, "segmentation and packetization of the data" occurs, and
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`then "a header is placed on the packet for delivery to the data link." Page 57, lines 11-12. A
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`"circuit-centric" network such as an asynchronous transfer mode (ATM) network is different
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`Appl. No. 091349,477
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`from a packet~centric protocol network, in that the circuit-centric network sets up "virtual circuits
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`between source and destination nodes ... by dedicating the virtual circuit to a specific traffic type,"
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`Page 57, lines 6-7. Unlike the circuit-centric protocol, the packet-centric protocol does "not
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`specifically route" the packets across a "specific channel." Page 57. lines 14-15. Instead, the
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`packet-centric protocol places a header on the packet and lets the network deal with it. Page 57,
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`lines 15-16. "Therefore, the outbound packets can take various routes to get from a source to a
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`destination. This means that the packets are in a datagram form and not sequentially numbered
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`as they are in other protocols," Page 57, lines 16-18.
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`Where the specification provides definitions for claim tenns, the specification may be
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`used in interpreting claim language. In re Vogel, 422 F.2d 438, 441, 164 USPQ 619, 622 (CCPA
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`1970). Here, the definitions of the tenns "packet-centric" and "circuit-centric" are provided in
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`the specification, page 57, and should be given proper weight in interpreting the terms. Claims
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`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 In re Okuzawa, 537 F.2d
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`545, 548, 190 USPQ 464, 466 (CCPA 1976).
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`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
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`packetization of the data" occurs, and then "a header is placed on the packet for delivery to the
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`data link", where "the packets are not in a datagram form and not sequentially numbered." Page
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`57, lines 11-12 and J 6-18. The "packet-centric protocol" which is not "circuit-centric" should be
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`reasonably interpreted to mean that the packet-centric protocol is not a protocol that sets up
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`"virtual circuits between source and destination nodes ... by dedicating the virtual circuit to a
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`specific traffic t)pe" such as the circuit-centric ATM protocol. Page 57, lines 6-7.
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`Rejections under 35 U.S.c. § 103
`
`In the Final Office Action dated October 5, 200 I, the Examiner rejects claims 1-3.6, 8-9,
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`13, IS, 18, and 20 under 35 U.S.c. § 103(a) as being unpatenlable over Smith, U.S. Patent No.
`
`5,930,472 (hereafter "Smith") in view of Focsaneanu et al. U.S. Patent No. 5,610,910 (hereafter
`
`"Focsaneanu"). Applicant respectfully requests that the Examiner reconsider and withdraw the
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`rejection for the following reasons.
`
`Referring now to claims I and 13, under the broadest reasonable interpretation, neither
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`Smith nor Focsaneanu, alone or in combination. can be considered to teach or suggest a "packet-
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`centric protocol" which is U not circuit-centric" and where the system includes "real-time wireless
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`bandwidth allocations and system resource allocations determined according to packet contents."
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`To be "packet-centric" and not be "circuit-centric," the protocol includes "segmetation and
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`packetization of the data" and placing of a header "on the packet." Specification, page 57. lines
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`11-1 2. Furthennore, the packets of a packet-centric protocol are "in a datagram fonn and not
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`sequentially numbered as they are in other protocols." Page 57. lines 16-18. Still further, the
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`packet-centric protocol is not a protocol that sets up "virtual circuits between source and
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`destination nodes ... by dedicating the virtual circuit to a specific traffic type." Page 57. lines 6-7.
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`App1.No. 09849.47?
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`However, the two references alone or in combination do not teach or suggest a protocol
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`that meets the above definition of the “packet-centric protocol” which is not “circuit-centric.”
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`For example, Focsaneaunu discloses that the Fig. '1' circuit relied on by the examiner in the
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`combination rejection is in fact a circuit-centric ATM network, according to lines 17-18 of
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`column 7; an ATM is a circuit-centric protocol, as disclosed by the present application on page
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`57, lines 6-? of the specification.
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`Moreover, the applied references alone or in combination do not teach or suggest “real-
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`time wireless bandwidth allocations and system resource allocations determined according to
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`packet contents.”
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`Therefore, claims 1 and 13 are patentable over the applied references, Smith and
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`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
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`over Smith and Focsaneaunu, alone or in combination.
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`It is respectfully requested therefore that the rejection of claims 1-3, 6, 8-9, 13, 15, 18,
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`and 20 under 35 [ISO §103(a) as being unpatentable over Smith in view of Focsaneanu et al be
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`withdrawn since the applied references, either individually or in combination, fail to teach or
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`suggest all of the recited features of claims 1-3, 6, 8-9, 13, 15, 18, and 20.
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`In the Final Office Action, the Examiner also rejects claims 4-5, 7, 10-12, 14, 17, and 19
`
`under 35 U.S.C. §103 (a) as being unpatentable over Smith in View of Focsaneanu et a1 and
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`further in View of Cheng et 31., “Wireless Intelligent ATM Network and Protocol Design for
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`Future Personal Communication Systems,” IEEE 1997 (hereafter “Cheng”). For at least the same
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`reasons described above with reference to independent claims 1 and 13, Applicant submits that
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`dependent claims 4-5, 7, 10-12, 14, 17, and 19, respectively, are also patentable.
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`Further, as discussed during the personal interview with the Examiner, the “enduser Q08”
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`feature of claims 5, 11, and 19 further distinguishes the claimed invention over the applied
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`references. Cheng, relied on in the rejection of claims 5, 11 an 19, apparently teaches the use of
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`elements like forward error correction (FEC), convolutional coding, and acknowledgement
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`requests (ARQs) to meet a bit error rate (BER). See page 1289, right column, line 21. Cheng is
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`using BER as a measure of QoS. This would be appropriate if measuring QoS with the
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`traditional telecommunications industry. However, the BER is an 081 standard layer 1 or
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`physical layer characteristic. However, the QoS referred to in claims 5, 11, and 19 are “enduser”
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`QoS, or an internet protocol (IP) QoS, as opposed to a BER interpretation of QoS. BER QoS and
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`IP QoS are completely different types of quality of service.
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`[P QoS is concerned with scheduling
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`and packet prioritization, not telephony signal characteristics, the realm of BER QoS. The IP
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`protocol assumes that the underlying network provides best effort delivery services. A system
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`with certain [P QoS characteristics such as, e.g., prioritized packet queuing, can behave in a
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`specific manner regardless of the BER. 1P QoS at OSI layer 3 is above the BER level 081 layer
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`1. The Examiner sites the concept of spectral efficiency as an optimization of QoS. Spectral
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`efficiency is possible in the world of radio spectrum utilization. However, what provides high
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`Appl. No. 09x349,477
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`spectral utilization may produce poor latency and jitter (i.e., two well known data networking
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`QoS parameters) for packets. Again, spectral efficiency and IP QoS are not related.
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`Furthermore, Cheng deals with asynchronous transfer mode (ATM). ATM is a cell
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`centric, circuit centric protocol, unlike the packet centric protocol of the present invention. An
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`ATM segmentation and resequencing algorithm (SAR) cuts a packet into fragments called cells,
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`prior to transmission over a link. No application based QoS support decisions can be made using
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`ATM because no one element has the packet per se. Intervening network elements only see the
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`fragments (cells) and not the whole packet as in the present invention. The best that ATM can do
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`is to classify packets and place the cells of such packets into a permanent virtual circuit (PVC)
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`having a certain QoS quality. In the case of ATM, QoS is provided quite differently than the
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`present invention, by creating virtual circuits having particular QoS characteristics. In ATM, no
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`active resource allocation or reconfiguration occurs to support the Q08 of an application. Thus,
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`claims 5, 11 and 19 are also patentable over the applied references for at least the above reasons.
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`Regarding claims 12 and 19, Smith, Focsaneanu and Cheng, alone or in combination, do
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`not teach or suggest the feature of a network element that supports the application layer of the
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`081 model, i.e., layer 7, by modifying the behavior of protocol stack layers one through four.
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`Conventional network elements are aware of some network protocols. The awareness of traffic
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`flowing through a network element normally only encompasses layers 1 (physical), 2 (data link),
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`through 3 (network), and perhaps 4 (transport).
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`Advantageously, the present invention is “application aware.” A network element
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`performing the functions described in the present invention has knowledge of layers 1 through 7.
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`The application aware network element can obtain this awareness via, e.g., configuration files,
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`the classification mechanism of the present invention, and the application operational profiles.
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`Conventional classifiers perform classification using packet components from layer 1 through 3
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`and the lower half of layer 4 (i.e., distinguish UDP from TCP). The present invention performs
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`additional analysis on layers 4 through ”I to identify (e.g., from source or destination information)
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`the application in use. The present invention then can use the knowledge identified to provide
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`further improved QoS network resources. The present invention not only can identify the
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`application, but also can continuously reconfigure resource allocations based on the application.
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`By doing so, the present invention can provide an optimal QoS for the application. Thus claims
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`12 and 19 are patentable over the applied references.
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`Claim 16 has not been specifically rejected so that it is respectively submitted to be
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`allowable.
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`Newly added claims 21 and 22 are also submitted as patentable over the applied
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`references since claims 21 and 22 are dependent upon the allowable claims 1 and 13.
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`Furthermore, the feature of making real-time wireless bandwidth allocations and system resource
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`allocations based on at least one of packet header contents or packet payload contents also
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`distinguish claims 21 and 22 from the references of record. Thus, claims 21 and 22 are also
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`allowable.
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`Conclusion
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`In View of the clarifying amendments to claims 1-20, Applicant believes that the claims
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`are now allowable over the applied references. The claims including the terms “packebcentric”
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`and “circuit-centric” under the reasonable interpretation of the claims in light of the specification
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`are clearly distinguished over the applied references. Therefore, Applicant respectfully requests
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`that the Examiner allow claims 1-20 along with the newly added dependent claims 21-22 and that
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`the claims be passed to issue. If there is any issue that prevents the allowance of Applicant’s
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`application, Applicant requests that the Examiner call the undersigned to expedite prosecution.
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`Respectfully submitted,
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`Ralph P. Albrecht
`Attorney for Applicant
`Registration No. 43,466
`VENABLE
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`PO. Box 34385
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`Washington, D.C. 20043-9998
`Telephone: (202) 216-8166
`Telefax: (202) 962-8300
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`Date: November 30, 2001
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`JORGENSEN
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`App]. No. 09:13:19,477
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`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.
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`5. The system of claim 4, wherein said resource allocation means allocates said shared
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`wireless bandwidth so as to S—perfennedaeoptimize end-user quality of service (Q03).
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`10.
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`The system of claim 1, further comprising:
`
`
`a resource allocator that allocates said shared wireless bandwidth among said
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`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«cent:ric protocol comprises at least one of a transmission control
`
`protocoli’internet protocol (TCPITP), and a user datagram protocoli’intemet protocol (UDPJ’IP);
`
`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.
`
`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 (Q08).
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`JORGENSEN
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`Appl. No. 09/349,477
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`19.
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`The system of claim 13, further comprising:
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`a resource allocator that allocates said shared wireless bandwidth among said
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`subscriber CPE stations, wherein said resource allocator optimizes end-user quality of service
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`((208), and wherein said resource allocator is application aware.
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`Please add the following new claims.
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`21.
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`The system of claim 1, wherein said real-time wireless bandwidth
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`allocations and system resource allocations are made based on at least one of:
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`a packet header contents, and
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`a packet payload contents.
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`22.
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`The system of claim 13, wherein said real-time wireless bandwidth
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`allocations and system resource allocations are made based on at least one of:
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`a packet header contents, and
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`a packet payload coutents.
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`DC2I334360J
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`_1g_
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