I hereby certify that this paper (along with any paper referred to as -'- ing attached or enclosed) is being deposited with the
`U.S.-Postal Service as Express Mail, Airbill No. EV 470 629 139
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`, on the date shown below in an envelope addressed to:
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`(PATENT)
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`Docket No.: 562492001600
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`Application No.: 10/278,342
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`,
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`Confirmation No.: 9463
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`Filed: October 23, 2002
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`Art Unit: 2616
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`For: PACKET DATA QUEUING AND
`PROCESSING
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`Examiner: P. H. Tran
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`AMENDMENT IN RESPONSE TO NON-FINAL OFFICE ACTION
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`MS Amendment
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`Commissioner for Patents
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`PO, Box 1450
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`.
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`Alexandria, VA 22313-1450
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`Dear Sir:
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`INTRODUCTORY COMMENTS
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`This is in response to the non-final Office Action dated February 8, 2007 (Paper No.
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`20070130), for which a response was due on May 8, 2007. Accordingly, this response is timely
`filed. Reconsideration and allowance of the pending claims, as amended, in light of the remarks
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`presented herein are respectfully requested.
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`' Amendments to the Abstract begin on page 3 of this paper.
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`Amendments to the Claims are reflected in the listing of claims which begins on page 4
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`of this paper.
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`I
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`Amendments to the Drawings begin on page 9 of this paper and include an attached
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`replacement sheet.
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`sf-2273153
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`ERICSSON EXHIBIT 1008
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`Application No.: 10/278,342
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`Remarks/Arguments begin on page 10 of this paper.
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`AMENDMENTS TO THE ABSTRACT
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`A method of processing queued data packets in a packet data communication system i_s_
`provided. The method includes allocating a tier of service for substantially each of a plurality of
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`individualpacket data queues and determining a total number of data packets that can use an
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`available communication resource. A proportion of a total number of data packets is allocated to a
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`number of the tiers of service to allow individual packet data queues on a number of tiers to share a
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`communication resource. A communication resource is provided to queued packet data users on a
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`tier-by-tier basis, such that the communication resource is made available to substantially all tiers.
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`AMENDMENTS TO THE CLAIMS
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`This listing of claims will replace all prior versions, and listings of claims in the application:
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`Listing of Claims:
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`Claim 1 (Currently amended) A method of processing queued data packets in a packet data
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`communication system, the method comprising:
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`allocating a tier of service for‘ substantially each of a plurality of individual packet data
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`queues; wherein allocating a tier of service comprises:
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`determining a total number of data packets that can use an available communication-
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`resource;
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`allocating a proportion of said total number of data packets to a number of the tiers of
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`service to allow individual packet data queues on a number of tiers to share a communication
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`resource; and
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`I
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`providing said communication resource to queued packet data users on a tier-by-tier
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`basis, such that said communication resource is made available to a substantial number of tiers.
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`Claim 2 (Currently amended) The method of processing queued data packets in a packet data
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`communication system according to Claim 1, wherein said step-of allocating a proportion of a total
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`number of data packets [[is]] further comprises:
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`providing a commitment that a proportion of an entire communication system bandwidth
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`will be allocated to users operating on a" particular tier. ’_
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`Claim 3 (Currentlyamended) The method of processing queued data packets in a packet data
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`communication system accordingto Claim 1, the method further comprising: eharaeterised-by-the
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`allocating different weights to each tier of service to provide a differential level of
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`service in the allocation of said communication resource between said tiers.
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`Claim 4 (Currently amended) The method of processing queued data packets in a packet data
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`communication system according to Claim 1, wherein said step-of allocating a proportion of atotal
`number of data packets is performed by using rate allocating service disciplines.
`
`Claim 5 (Currently amended) The method of processing queued data packets in a packet data
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`communication system according to Claim 1, the method further comprising: eharaeterised-by-t-he
`
`step-ef—:
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`providing a packet data user with an identification code to assist in the tier allocation
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`step, wherein, the identification code provides an identifier for the user and/or an
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`indication of a number of data packets that the user wishes to transfer.
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`Claim 6 (Currently amended) The method of processing queued data packets in a packet data
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`communication system according to Claim 5, the method further comprising: ehaiaeterised-by-the
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`steps-of-2
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`determining, for substantially each respective tier, that a number of data packets are
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`requested to be processed; and
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`allocating a proportion of said communication resource to substantially each tier in
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`response to said determination.
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`Claim 7 (Currently amended) The method of processing queued data packets in a packet data
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`communication system according to Claim 1, the method further comprising: eharaeterised-by-tlae
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`placing a user at a tail of an allocated queue, depending on the user's tier of service when
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`said user provides data packets for queuing.
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`Claim 8 (Currently amended) The method of processing queued data packets in a packet data
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`communication system according to Claim 1, the method further compfising:i
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`allocating data packets to a user at a head of the tier queue;
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`moving said user at said head of the tier queue to the tail of the queue when the user's
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`data packets have been sent; and
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`moving other users in the queue closer to the head of the queue.
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`Claim 9 (Currently amended) The method of processing queued data packets in a packet data
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`communication system according to Claim 8, the method further comprising: eharaeter-ised-by-the
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`step-of-:
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`repeating the steps method of Claim 8 until the total number of packets allocated to the
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`tier is transferred.
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`Claim 10 (Currently amended)
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`.
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`The method of processing queued data packets in a packet data
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`communication system according to Claim 1, the method further comprising: eharaeter-ised-by-the
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`determining a tier of service for each user when a packet data session for each user
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`CO1'l'lI'I1€l'1CCS .
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`Claim 11 (Original) A packet data scheduler queuing data packets in a packet data communication
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`system, the packet data scheduler comprising:
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`means for allocating a tier of service for substantially each of a plurality of individual
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`packet data queues;
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`means for determining a total number of data packets that can use an available
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`‘ communication resource;
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`means, operably coupled to the aforementioned means, for allocating a proportion of
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`said total number of data packets to a number of the tiers of service to allow individual packet data
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`queues on a number of tiers to share a communication resource;
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`wherein the packet data scheduler is characterised by:
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`scheduling means to provide said communication resource to queued packet data users
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`on a tier-by-tier basis, such that said resource is made available to substantially all tiers.
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`Claim 12 (Original) The packet data scheduler according to Claim 11, wherein said means for
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`allocating a proportion of a total number of data packets provides a commitment that a proportion of
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`an entire communication system bandwidth will be allocated to users operating on a particular tier.
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`Claim 13 (Original) The packet data scheduler according to Claim _11, wherein said means for
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`allocating a proportion of a total number of data packets further allocates different weights to each
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`tier of service to provide a differential level of service in the allocation of said communication
`
`resource between said tiers.
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`Claim 14 (Original) The packet data‘ scheduler according to Claim 11, wherein said means for
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`allocating a proportion of a total number of data packets allocates data packets using rate allocating
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`service disciplines.
`
`Claim 15 (Original) The packet data scheduler according to Claim 11, wherein said means for
`allocating a proportion of a total number of data packets provides a packet data user with an ‘
`identification code to assist in the tier allocation step, wherein, for example, the identification code
`provides an identifier for the user and/or an indication of a number of data packets that the user
`
`wishes to transfer.
`
`Claim 16 (Original) The packet data scheduler according to Claim 15, wherein said.means for
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`allocating a proportion of a total number of data packets determines, for substantially each
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`respective tier, that a (number of data packets are requested to be processed; and allocates a
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`proportion of said communication resource to substantially each tier in response to said
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`determination.
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`Claim 17 (Original) The packet data scheduler according to Claim 11, wherein said scheduling
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`means places a user at a tail of the allocated queue, depending on the user's tier of service when said
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`user provides data packets for queuing.
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`Claim 18 (Original) The packet data scheduler according to Claim 11, wherein said scheduling _
`means:
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`allocates data packets to a user at a head of the tier queue;
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`moves said user at said head of the tier queue to the tail of the queue when the user's data
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`packets have been sent; and
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`moves other user's in the queue closer to the head of the queue.
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`Claim 19 (Original) The packet data scheduler according to Claim 18, wherein said scheduling
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`means repeats the operation of moving data packets and allocating data packets to a head of a tier
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`queue until the total number of packets allocated to the tier has been transferred.
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`Claim 20 (Original) A communication unit comprising the packet data scheduler of Claim 11.
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`Claim 21 (Original) The communication unit according to Claim 20, wherein said communication
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`unit operates as a gateway to and/or from two packet data networks.
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`Claim 22 (Original) The communication unit of Claim 20, wherein said communication unit is a
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`radio network controller for operation in a third Generation Partnership Project (3GPP) specification
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`for wide-band code-division multiple access (WCDMA) communication system.
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`Claim 23 (Original) A packet data communication system comprising the packet data scheduler of
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`Claim 11.
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`Claim 24 (Currently amended)
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`A packet data communication system adapted to facilitate the
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`method ef—&n-y-of Claim 1.
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`Claim 25 (Currently amended)
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`A computer-readable medium comprising instructions for
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`performing the method
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`
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`apm%%e of claim 1.
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`Application No.: 10/278,342
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`Docket No.: 562492001600
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`AMENDMENTS TO THE DRAWINGS
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`The attached sheets of drawings include changes to Figure 1 to label as “Frior Art”, and
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`changes to Figure 3 to remove reference characters.
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`Submitted herewith are two sheets of replacement drawing, Figure 1 and Figure 3, for
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`filing in the above-identified Patent application.
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`Attachments: Replacement sheet (FIG. 1)
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`Replacement sheet (FIG. 3)
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`Application No.: 10/278,342
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`Docket No.: 562492001600
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`REMARKS
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`Claims 1-25 were pending. By virtue of this response, claims 1-10 and 24-25 are
`
`amended. No new matter is added. Accordingly, claims 1-25 are currently under consideration.
`
`Amendment or cancellation of subject matter is not to be construed as an abandonment of any
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`subject matter.
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`Drawings
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`The Examiner indicated FIG. 1 should be designated by a legend such as “Prior Art”
`
`because allegedly only that which is old is illustrated.
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`_In response, FIG. 1 has been amended to include a “Prior Art” label.
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`The drawings are objected to under 37 CFR 1.83(a) for allegedly not showing every
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`feature ofthe invention specified in the claims. The Examiner alleges “packet data scheduler” is a
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`feature not shown in the drawings. I
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`In response, Applicant respectfully submits that “packet data scheduler” is shown in the
`
`drawings. Embodiments of “packet data schedulers” are described, for example, in paragraphs
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`[0075] and [0085], which are shown in FIG. 2, for example.
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`The drawings are also objected to under 37 CFR 1.84(p) because they allegedly include
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`reference characters not mentioned in the description.
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`In response, FIG. 3 is amended to remove reference characters 320, 330, 335, 380, and
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`385.
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`Specification
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`The Examiner indicated that the abstractis generally limited to a single paragraph and
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`within the range of 50 to 150 words.
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`Application No.: 10/278,342
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`Docket No.:‘ 562492001600
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`In response, the abstract is appropriately amended.
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`Claim Rejection Under 35 USC § 101
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`Claim 25 is rejected under 35 U.S.C. § 101 because the claimed invention is allegedly
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`directed to non—statutory subject matter.
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`In response, claim 25 is amended. Applicant.respectfi.1lly submits amended, claim 25 is
`directed to statutory subject matter. Accordingly, Applicant respectfully requests reconsideration
`
`and allowance of claim 25.
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`Allowable "Subject Matter
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`Applicant thanks the Examiner for indicating claimsel-24 are allowed. Claims 1-10, and
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`24 are amended for editorial corrections. No new matter is added. Applicant respectfully submits
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`claims 1-25 are allowable.
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`Application No.: 10/278,342
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`Docket No.: 562492001600
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`CONCLUSION
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`In view of the above, each of the presently pending claims in this application is believed
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`to be in immediate condition for allowance. Accordingly, the Examiner is _respectfully requested to
`withdraw the outstanding rejection of the claims and to pass this application to issue. If it is
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`determined that a telephone conference would expedite the prosecution of this application, the
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`Examiner is invited to telephone the undersigned at the number given below.
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`In the event the U.S. Patent and Trademark office determines that an extension and/or
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`other relief is required, applicant petitions for any required relief including extensions of time and
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`authorizes the Commissioner to charge the cost of such petitions and/or other fees due in connection
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`with the filing of this document to Deposit Account No. 03-1952 referencing docket no.
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`562492001600. However, the Commissioner is not authorized to charge the cost of the issue fee to
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`the Deposit Account.
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`I
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`Dated: May 8, 2007
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`Respectfiilly submitted,
`
`By
`
`Denise H. Wong
`Registration No.: 59,622
`MORRISON & FQERSTER LLP
`425 Market Street
`
`San Francisco, California 94105-2482
`(415) 268-6221
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`sf-2273153
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`Appl. No.: 10/278,342
`T Docket No.: 562492001600
`Inventor: Timothy J. SPEIGHT
`Title: PACKET DATA QUEUING AND
`PROCESSING
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`1/3
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`REPLACEMENT SHEET
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`PRIOR ART
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`Appl No.: 10/278,342
`Docket No.: 562492001600
`Inventor: Timothy J. SPEIGHT
`Title: PACKET DATA QUEUING AND
`PROCESSING
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`3/3
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`REPLACEMENT SHEET
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`FIG.3
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`300
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`/