throbber

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`13/649,477
`
`10/11/2012
`
`Yutaka SUWA
`
`MAT—8316US2
`
`1312
`
`RATNERPRESTIA
`PO. BOX 980
`VALLEY FORGE, PA 19482-0980
`
`HAILU, KIBROM T
`
`PAPER NUIVIBER
`
`ART UNIT
`
`2461
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/12/2015
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/649,477 SUWA, YUTAKA
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`KIBROM T. HAILU its“ 2461
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 10/11/2012.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1-12is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_1-12 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 10/11/2012is/are: a)IXI accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20150306
`
`

`

`Application/Control Number: 13/649,477
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`Page 2
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`Art Unit: 2461
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`The present application is being examined under the pre—AIA first to invent provisions.
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`DETAILED ACTION
`
`Double Patenting
`
`1.
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine
`
`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
`
`improper timewise extension of the “right to exclude” granted by a patent and to prevent possible
`
`harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate
`
`where the claims at issue are not identical, but at least one examined application claim is not
`
`patentably distinct from the reference claim(s) because the examined application claim is either
`
`anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg,
`
`140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d
`
`2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van
`
`Ornnm, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may
`
`be used to overcome an actual or provisional rejection based on a nonstatutory double patenting
`
`ground provided the reference application or patent either is shown to be commonly owned with
`
`this application, or claims an invention made as a result of activities undertaken within the scope
`
`of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR
`
`1.321(b).
`
`The USPTO internet Web site contains terminal disclaimer forms which may be used.
`
`Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what
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`

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`Application/Control Number: 13/649,477
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`Page 3
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`Art Unit: 2461
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`form should be used. A web—based eTerminal Disclaimer may be filled out completely online
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`using web—screens. An eTerminal Disclaimer that meets all requirements is auto—processed and
`
`approved immediately upon submission. For more information about eTerminal Disclaimers,
`
`refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD—info—I.j sp.
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`2.
`
`Claims 1—14 are rejected on the ground of nonstatutory double patenting over claims 1—6
`
`and 8—16 of US. Patent No. 7,372,827 B2 since the claims, if allowed, would improperly extend
`
`the “right to exclude” already granted in the patent.
`
`The subject matter claimed in the instant application is fully disclosed in the patent and is
`
`covered by the patent since the patent and the application are claiming common subject matter.
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`Furthermore, there is no apparent reason why applicant was prevented from presenting
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`claims corresponding to those of the instant application during prosecution of the application
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`which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968).
`
`See also MPEP § 804.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is a quotation of the second paragraph of 35 USC. 112:
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`The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the
`subject matter which the applicant regards as his invention.
`
`4.
`
`Claim 13 is rejected under 35 USC. 112, second paragraph, as being indefinite for
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`failing to particularly point out and distinctly claim the subject matter which applicant regards as
`
`the invention.
`
`The phrase “Eye data” renders the claim indefinite because it is not quite clear what is
`
`being claimed. For the purpose of fiarther examination, “Eye data” is considered the same as
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`“Eye diagram”. Appropriate correction is required.
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`

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`Application/Control Number: 13/649,477
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`Page 4
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`Art Unit: 2461
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`Claim Rejections - 35 USC § 103
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`5.
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`The following is a quotation of pre—AIA 35 USC. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`6.
`
`The factual inquiries set forth in Graham v. John Deere C0., 383 US. l, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under pre—
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`AIA 35 USC. 103(a) are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`7.
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`Claims 1, 4 and 10 are rejected under pre—AIA 35 USC. 103(a) as being unpatentable
`
`over Ala—Laurila et al. (US 6,477,156 B 1) in View of Awater et al. (US 7,046,649 B2).
`
`Regarding claim 1, Ala—Laurila discloses a radio communication apparatus for
`
`performing at least one of transmission and reception in a plurality of radio communication
`
`standards with a cordless handset (Abstract; col. 1, lines 6—17), the radio communication
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`apparatus comprising: a radio unit configured to transmit and receive signals in a plurality of
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`data formats (col. 1, lines 20—25, communication signals generated by the transmitting station are
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`transmitted upon the communication channel to be received by the receiving station); and a
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`controller configured to register an identifying information of the cordless handset received from
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`Page 5
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`Art Unit: 2461
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`the cordless handset and discriminate whether the identifying information transmitted from the
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`cordless handset is a specific information or not (col. 3, lines 41—50; col. 4, lines 4—11), wherein
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`on receiving a connection request from the cordless handset in a first radio communication
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`standard (col. 7, line 29—col. 8, line 8; col. 3, lines 41—50; col. 4, lines 4—11), the controller
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`communicates with the cordless handset in the first radio communication standard when the
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`identifying information is not the specific information, and the controller switches the first radio
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`communication standard to a second radio communication standard which is different from the
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`first radio communication standard (col. 4, lines 4—15), selects one of (A) a first data format and
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`(B) a second data format when the identifying information is the specific information (figs. 2—4;
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`col. 6, line 36—col. 8, line 8).
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`Ala—Laurila doesn’t explicitly disclose a first data format not for performing error
`
`correction but for performing error detection of Payload and a second data format for performing
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`the error detection and the error correction of the Payload and communicates with the cordless
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`handset, when the identifying information is the specific information.
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`Awater teaches a first data format including error detecting data for performing only error
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`detection of Payload and (B) a second data format including error detecting data for performing
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`the error detection and error correction of the Payload (col. 8, lines 54—57, a high—quality voice 1
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`and 2 (HVl and HV2) packets use forward error correction where as HV3 does not use FEC at
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`all, note also that the presence of error detection is obvious because CRC is a well known for
`
`detecting an error, see col. 9, lines 63—64 for the presence of CRC field in the packets).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to use a first data format including error detecting data for performing only
`
`

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`Page 6
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`Art Unit: 2461
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`error detection of Payload and (B) a second data format including error detecting data for
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`performing the error detection and error correction of the Payload as taught by Awater into the
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`radio communication system of Ala—Laurila in order to improve the quality of the data or voice.
`
`Regarding claim 4, Ala—Laurila discloses a second radio communication standard or
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`mode (col. 4, lines 2—3).
`
`However, Ala—Laurila doesn’t disclose the second radio communication standard is one
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`of (A) a first data format including error detecting data for performing only error detection of
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`Payload and (B) a second data format including error detecting data for performing the error
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`detection and error correction of the Payload.
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`Awater teaches a high—quality voice 1 and 2 (HVl and HV2) packets use forward error
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`correction where as HV3 does not use FEC at all (col. 8, lines 54—57, note also that the presence
`
`of error detection is obvious because CRC is a well known for detecting an error, see col. 9, lines
`
`63—64 for the presence of CRC field in the packets).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use packets having error correction as taught by Awater into the radio
`
`communication system of Ala—Laurila in order to improve the quality of the data or voice.
`
`Regarding claim 10, Ala—Laurila discloses a radio communication apparatus (col. 1,
`
`lines 5—6), further comprising a registering unit for registering the company identifying
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`information transmitted from the counter radio apparatus (col. 7, lines 16—18, registration is done
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`by inspecting the MAC address which the includes company identifiers), wherein said controller,
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`on receiving the connection request from the counter radio apparatus in communication of a first
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`radio communication standard, discriminates whether the transmitted company identifying
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`

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`Page 7
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`Art Unit: 2461
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`information is the specific information based on the information registered by said registering
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`unit (col. 7, lines 18—24, 32—51).
`
`8.
`
`Claim 2 is rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—Laurila in
`
`view of Awater, and in view of Orava et al. (US 6,829,288).
`
`Ala—Laurila discloses a radio communication apparatus (col. 1, lines 20—25).
`
`However, Ala—Laurila and Awater do not disclose said controller firstly performs a
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`synchronization process in the first radio communication standard.
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`Orava teaches performing a synchronization process in the first radio communication
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`standard (col. 6, lines 4—6).
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use first perform synchronization process as taught by Orava into Ala—
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`Laurila and Awater in order to produce a packet bit stream conforming to the protocol version
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`matched by simultaneous correlation (Orava, col. 6, lines 6—7).
`
`9.
`
`Claims 3 and 4 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—
`
`Laurila in view of Awater, and further in view of Fujii et al. (7,110,392).
`
`Ala—Laurila discloses radio communication apparatus (col. 1, lines 20—25).
`
`However, Ala—Laurila doesn’t disclose in the first data format, data length of the Payload
`
`equals to that of Payload in the first radio communication standard and a slot interval is twice as
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`long as that in the first radio communication standard; and in the second data format, data length
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`of the Payload is a half of that of the Payload in the first radio communication standard and a slot
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`interval is the same as that in the first radio communication standard.
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`

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`Application/Control Number: 13/649,477
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`Page 8
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`Art Unit: 2461
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`Awater teaches HVl, HV2 and HV3 packets have the same payload length (30 bytes or
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`240 bits) and HV2 has twice slot interval than HVl, that is HVl is sent every other slot while
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`HV2 is sent every four slots (col. 9, lines 24—43). Depending on the bit and forward error
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`correction rate of a packet, the slot interval can be changed or varied.
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`Fujii teaches a packet having a payload of a variable length (see fig. 4; col. 4, 47—50).
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`Thus, it would be obvious to a person of ordinary skill to vary the payloads of the packets the
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`same as the indicated claim limitations for transmission.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to vary the time intervals and the format of data payloads as taught by
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`Awater and Fujii, and apply it to the radio communication of Ala—Laurila in order to avoid to
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`interference or overlap of packets devices when transmitting at the same tine.
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`10.
`
`Claim 5 is rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—Laurila in
`
`view of Awater, and further in view of Souissi (US 2002/0075941).
`
`Ala—Laurila discloses the first and second radio communication standards whereby by the
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`transmitting station are transmitted upon the communication channel to be received by the
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`receiving station (col. 1, lines 20—24).
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`However, Ala—Laurila and Awater do not disclose selecting one of a plurality of channel
`
`options in the second radio communication standard to set a transmission power higher than that
`
`in the communication in the first radio communication standard.
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`Souissi teaches selecting one of a plurality of channel options in the second radio
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`communication standard to set a transmission power higher than that in the communication in the
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`first radio communication standard (paragraphs [0046], [0060], explains switching between
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`

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`Application/Control Number: 13/649,477
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`Page 9
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`Art Unit: 2461
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`different power levels in different modes or standards. The Bluetooth standard uses low power
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`levels of transmitters, as low as lmW)
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use higher power transmission power as taught by Souissi into the second
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`radio communication of Ala—Laurila to avoid collusion of messages.
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`11.
`
`Claim 6 is rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—Laurila in
`
`view of Awater, and further in view of Bridgelall (US 6,895,255).
`
`Ala—Laurila discloses radio communication apparatus wherein first radio communication
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`standard is IEEE 802.11 or MAC data format.
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`However, Ala—Laurila doesn’t disclose the first radio communication apparatus is a
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`Bluetooth data format.
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`Bridgelall teaches dual mode data communication wherein one of the radio
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`communication standards is a Bluetooth data format (co.1, lines 51—55).
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use Bluetooth data format as the first radio communication standard as
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`taught by Bridgelall into the radio communication system of Ala—Laurila in order to be able to
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`use multi—mode systems so that the possibility of signal interference would be avoided.
`
`12.
`
`Claims 7—9 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—Laurila in
`
`view of Awater, and further in view of Deboille et al. (US 6,717,926).
`
`Ala—Laurila discloses a radio communication apparatus wherein said radio
`
`communication apparatus performs at least one of transmission and reception of apparatus'
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`peculiar ID from the counter radio apparatus (col. 1, lines 20—25), and said controller
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`

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`Application/Control Number: 13/649,477
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`Page 10
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`Art Unit: 2461
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`discriminates whether a predetermined part of the peculiar ID includes a predetermined code,
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`and performs a process in response to discrimination results (col. 6, lines 50—66, 41—42; col. 3,
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`lines 43—45, the CDPDM—ES, cellular digital packet data—mobile endsystem number, is a unique
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`address or number given to each device by the manufacturer included in the MAC address),
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`Ala—Laurila and Awater do not explicitly disclose discriminating whether a specific
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`communication function or a high—speed of 1 Mbps to 10 Mbps is supported, and a storing unit
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`for storing the peculiar ID and the specific function when the peculiar ID is the specific ID and
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`the counter radio apparatus supports the specific function.
`
`Deboille teaches supporting a specific communication function or transmitting data at a
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`high—speed (col. 2, lines 46—49, explains high—speed data or bit rate at range of l to ll Mbps).
`
`Since the combination of Ala—Laurila and Deboille teaches the unique or peculiar ID (the address
`
`assigned by the manufacturer to each mobile terminal or device) and specific function or the
`
`high—speed data, it is obvious to a person having ordinary skill in the art to realize the existence
`
`of storage for storing the ID and specific function.
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use the radio communication of Deboille that supports a specific
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`communication function or high—speed data transmission into the radio communication system of
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`Ala—Laurila in order to transmit the radio signals or data in a more efficient manner, improved
`
`communication efficiency would result (Deboille, col. 2, lines 57—59).
`
`13.
`
`Claim ll is rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—Laurila in
`
`view of Awater and Kraiem et al. (US 6,370,369), and further in view of Orava.
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`

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`Application/Control Number: 13/649,477
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`Page 11
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`Art Unit: 2461
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`As applied above, Ala—Laurila discloses radio communication apparatus registering the
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`company id that is included in the MAC address, and communicating in the second radio
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`communication standard and selects an option in response to the registered the company
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`identifying information when the transmitted company identifying information is the specific
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`information (col. 7, lines 16—23; col. 6, lines 1—9; col. 8, lines 1—8).
`
`However, the modified radio communication of Ala—Laurila does not disclose registering
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`version information.
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`Orava teaches supporting and/or registering multiple protocol versions and registering
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`(col. 5, lines 64—col. 6, line 21; col. 11, lines 29—34, explains registering the latest and previous
`
`payload versions using registers 41 and 42).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to use supporting and/or registering multiple protocols as taught by Orava
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`into the modified radio communication system of Ala—Laurila by permitting linkup previous and
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`latest protocols so that the devices with the new and old versions of the standards or protocols
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`would be able to communicate to each other (Orava, col. 4, line 50—54).
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`14.
`
`Claim 12 is rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—Laurila in
`
`view of Awater, and further in view of Kraiem.
`
`As applied above, Ala—Laurila discloses a radio communication apparatus,
`
`However, Ala—Laurila and Awater do not disclose a burst received—data generator for
`
`outputting radio quality data by processing a received signal, wherein said controller switches at
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`least one of antenna diversity and reception gain based on the radio quality data in the
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`communication in the second radio communication standard.
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`

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`Application/Control Number: 13/649,477
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`Page 12
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`Art Unit: 2461
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`Kraiem teaches a burst received—data generator for outputting radio quality data by
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`processing a received signal, wherein said controller switches at least one of antenna diversity
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`and reception gain based on the radio quality data in the communication in the second radio
`
`communication standard (col. 1, lines 24—28,. . .on both transmit and receiving antenna diversity
`
`in wireless networks with direct mode is performed by switching between all transmit and
`
`receiving antennas in order to assess the provided radio link quality in all possible cases).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to apply the antenna diversity of
`
`that performs by switching between the
`
`antennas to assess the radio link quality into the radio communication system of Ala—Laurila in
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`order to reduce the time to identify the best antenna pair in case of transmitting and receiving
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`antenna diversity (Kraiem, col. 1, lines 43—45).
`
`15.
`
`Claim 13 is rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—Laurila in
`
`view of Awater and Kraiem, and further in view of Yang (US 6,763,074).
`
`As applied above, the modified radio communication of Ala—Laurila discloas radio
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`communication apparatus (col. 1, lines 20—25), wherein the radio quality data indicates received
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`signal quality and received electric field strength (col. 1, lines 24—28,. . .on both transmit and
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`receiving antenna diversity in wireless networks with direct mode is performed by switching
`
`between all transmit and receiving antennas in order to assess the provided radio link quality in
`
`all possible cases. Note also that to receive and detect the electric field strength is obvious).
`
`However, the modified radio communication system of Ala—Laurila doesn’t disclose
`
`includes Eye data of a received pulse generated during receiving Preamble in the communication
`
`in the second radio communication standard.
`
`

`

`Application/Control Number: 13/649,477
`
`Page 13
`
`Art Unit: 2461
`
`Yang teaches Eye diagram or bit differential phase detector of a received pulse generated
`
`during receiving Preamble in the communication in the second radio communication standard
`
`(col. 6, lines 36—58; col. 8, lines 53-59).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to use Eye diagram of acceptable bit differential phase detectors as taught by
`
`Yang into the modified radio communication of Ala—Laurila so that the system would not be
`
`more susceptible to noise or interference.
`
`16.
`
`Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable over Ala—Laurila in
`
`view of Awater and Kraiem, and further in view of Mnhany (US 5,748,676).
`
`As applied above, the combined radio communication of Ala—Laurila and Kraiem
`
`discloses radio communication apparatus, wherein said radio communication apparatus, on
`
`discriminating that a counter terminal is a company's own product based on information
`
`communicated in connection in the first radio communication standard, switches the standard to
`
`the second radio communication standard both on a transmission side and a reception side, and
`
`determines the radio quality data indicating quality of a received pulse.
`
`Ala—Laurila, Awater and Kraiem fail to teach receiving electric field strength by adding a
`
`bit number of Preamble in the communication in the second radio communication standard.
`
`Mahany teaches a transceiver adds a specific preamble bit sequence to each packet of
`
`data to be transmitted for antenna diversity protocol (col. 1, lines 31—42; col. 14, lines 28—37 or
`
`fig. 11).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to use the antenna diversity of Mahany that teaches adding a specific
`
`

`

`Application/Control Number: 13/649,477
`
`Page 14
`
`Art Unit: 2461
`
`preamble bit sequence each communication packet into the modified radio communication
`
`system of Ala—Laurila so that false indication of the beginning of the communication packet
`
`content can be prevented.
`
`Conclusion
`
`17.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KIBROM T. HAILU Whose telephone number is (571)270—1209.
`
`The examiner can normally be reached on Monday—Thursday 8:30AM—6z00PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Huy D. Vu can be reached on (571)272—3155. The fax phone number for the
`
`organization Where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/KIBROM T HAILU/
`
`Primary Examiner, Art Unit 2461
`
`

`

`Application/Control Number: 13/649,477
`
`Page 15
`
`Art Unit: 2461
`
`

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