`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box.l450
`Alcxandnn, Virginia 223 l 3-1450
`www.uspm.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`l0/278,342
`
`l0/23/2002
`
`Timothy James Speight
`
`.
`
`78100
`
`9463
`
`MORRISONMOERSTERLLP —
`425 MARKET STREET
`TRAN, PHUC H
`SAN FRANCISCO, CA 94105-2482
`
`2616
`
`3 MONTHS
`
`02/08/2007
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`If NO period for reply is specified above, the maximum'statutory period will apply and will expire 6 MONTHS
`from the mailing date of this communication.
`
`PTOL-90A (Rev. 10/06)
`
`ERICSSON EXHIBIT 1007
`
`

`

`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/278,342
`Examine,
`
`SPEIGHT, TIMOTHY JAMES
`Art Unit
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event. however. may a reply be timely filed
`after SIX (6) 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).
`
`Status
`
`DE] Responsive to communication(s) filed on 23 October 2002.
`2a)[:l This action is FINAL.
`2b)XI This action is non-final.
`3M] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)IZ Claim(s) ES is/are pending in the application.
`
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`
`3E Claim(s) fl is/are allowed.
`
`SE Claim(s) 2_5 is/are rejected.
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`7)l:] Claim(s) _ is/are objected to.
`8):] Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`
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`9)E] The specification is objected to by the Examiner.
`10)I:I The drawing(s) filed on _ is/are: a)l:l accepted or b)[] 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).
`11)|:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 use 5 119 I
`
`13E Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)XI All
`b)|:l Some * c)l:l None of:
`LIZI Certified copies of the priority documents have been received.
`2:] 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
`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)
`
`1) E Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) E] Information Disclosure Statement(s) (PTO/SB/OB)
`.
`Paper No(s)/Mai| Date
`.
`
`4) D Interview Summary (PTO—413)
`Paper N°(S)/M3“ Date. __ -
`5) CI Notice of Informal Patent Application
`6) [:1 Other:
`.
`
`US. Patent and Trademni Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`'
`
`.
`Part of Paper No./Mail Date 20070130
`
`

`

`Application/Control Number: 10/278,342
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`Page 2
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`Art Unit: 2616
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`DETAILED ACTION
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`Drawings
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`1.
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`Figure 1 should be designated by a legend such as --Prior Art-- because only that which is
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`old is illustrated. See MPEP § 608.02(g). Corrected drawingsin compliance with 37 CFR
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`1.121(d) are required in reply to the Office action to avoid abandonment of the application. The
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`replacement sheet(s) should be'labeled “Replacement Sheet” in the page header (as per 37 CFR I
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`1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted
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`by the examiner, the applicant will be notified and informed of any required corrective action in
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`the next Office action. The objection to the drawings will not be held in abeyance.
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
`'2.
`feature of the invention specified in the claims. Therefore, pack data scheduler must be shown or
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`the feature(s) canceled from the claim(s). The drawings are objected to as failingto comply with
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`37 CFR 1.84(p)(5) because they include the following. reference ch‘aracter(s) not mentioned in
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`the description: such as blocks 335, 320, 385, and 380 in Fig. 3.
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`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
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`the Office action to avoid abandonment of the application. Any amended replacement drawing
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`sheet should include all of the figures appearing on the immediate prior version of the sheet,
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`even if only one figure is being amended, The figure or figure number ofan amended drawing
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`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
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`must be removed fiom the replacement sheet, and where necessary, the remaining figures must
`be renumbered and appropriate changes made to the briefdescription ofthe several views ofthe
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`

`

`Application/Control Number: 10/278,342
`
`Art Unit: 2616
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`‘
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`Page 3
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement ‘Sheet” or “New Sheet”
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`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
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`be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
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`Specification
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`3.
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`Applicant is reminded of the proper language and format for an abstract of the disclosure.
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`The abstract should be in narrative form and generally limited to a single paragaph and within
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`. the range of 50 to 150 words. Appropriate correction is required.
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`Claim Rejections - 35 USC § 101 '
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`4.
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`35 U.S.C. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or
`any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and
`requirements of this title.
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`Claim 25 is rejected under 35 U.S.C.101 because the claimed invention is directed to
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`non-statutory subject matter.
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`For claim 25 is directed to a non-statutory subject matter because the claims recites
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`"storage medium" and “processor-implementable instructions” which is not a useful process,
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`machine, manufacture, or composition of matter, or any new and useful improvement thereof.
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`Note: To overcome the rejection, it is suggested to the applicant to amend the claims to be
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`written in terms of "computer readable storage medium” and “processor executable instructions”.
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`

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`Application/Control Number: 10/278,342
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`Page 4
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`Art Unit: 2616
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`5.
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`Claims 1-24 are allowed.
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`Allowable Subject Matter
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`The following is a statement of reasons for the indication of allowable subject matter:
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`Claims 1—24 are allowable over the prior art of record since the cited references taken
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`individually or in combination fails to particularly disclose a method of processing queued data
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`packets in a packet data communication system, the method for a packet data scheduler queuing
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`data packets in a packet data communication system, the packet data scheduler comprising the
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`step of: allocating a tier of service for substantially each of a plurality of individual packet data
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`queues; wherein the method is characterised by the steps of: determining a total number of data
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`packets that can use an available communication resource; allocating a proportion of said total
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`number of data packets to a number of the tiers iof service to allow individual packet data queues
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`on a number of tiers to share a communication resource; and providing said communication
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`resource to queued packet data users on a tier-by-tier basis, such that said communication
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`resource is made available to a substantial number of tiers.
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`Conclusion
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`6.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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`Kawarai et a1. (Pub. No. 2001/0033581 A1) discloses packet switch, scheduling device,
`drop control circuit, multicast control circuit and QoS control device.
`
`Dooly et a1. (Pub. No. 2002/0163922 A1) discloses network switch port traffic manager
`
`having configurable packet and cell servicing.
`
`

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`Application/Control Number: 10/278,342
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`Page 5
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`Art Unit: 2616
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`Sandbote (Pub. No. 2002/0172156 A1) discloses adaptive control of multiplexed input
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`buffer channels.
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`Epps et a1. (U.8. Patent No. 6977930 B1) discloses pipelined packet switching and
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`queuing architecture.
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`Kohzuki et a1. (U.8. Patent No. 6912225 B1) discloses packet forwarding device and
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`packet priority setting method.
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`Any inquiry concerning this communication or earlier communications from the
`' 8.
`examiner should be directed to PHUC H. TRAN whose telephone number is (571) 272-3172.
`The examiner can normally be reached on M-F (8-4z30).
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`supervisor, CHI PHAM can be reached on (571) 272-3179. 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 (RI USA OR CANADA) or 571-272-1000.
`
`Phuc Tran
`
`Assistant Examiner
`
`Art Unit 2616
`
`Rt
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`2/1/2007
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`

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`Notice of References Cited
`
`Application/Control No.
`
`.
`
`10/278,342
`,
`Examiner
`
`PHUC H. TRAN
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`SPEIGHT, TIMOTHY JAMES
`_
`Art Umt
`
`2616
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`Page 1 °f1
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`Document Number
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`Date
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`us-6,977,930
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`12-2005
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`Epps etal.
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`Classrficatlon
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`
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`I counwcodewumber-wnacode-“-
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`.
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`.
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`370/392
`
`US-2002/0163922
`11-2002
`Dooley etal.
`370/412
`-
`M
`US-2002/0172156
`11 2002
`Sandbote, Sam B.
`370/230
`__—
`I
`
`A
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`Document Number
`Country Code-Number-Kind Code
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`Date
`MM-YYYY
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`,
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`FOREIGN PATENT DOCUMENTS
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`'A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM~YYYY format are publication dates. Classifications may be US or foreign,
`US. Patent and Trademark Office
`
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20070130
`
`
`
`