Docket No.: 562492001600
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`(PATENT)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
`Timothy J. SPEIGHT
`
`Application No.: 10/278,342
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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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`F01‘: 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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`P.O. Box 1450
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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 September 12, 2007 (Paper No.
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`20070831), for which a response was due on December 12, 2007. Accordingly, this response is
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`timely filed. Reconsideration and allowance of the pending claims, as amended, in light of the
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`remarks presented herein are respectfully requested.
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`Amendments to the Claims are reflected in the listing of claims which begins on page 2
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`of this paper.
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`RemarkslArgu1nents begin on page 7 of this paper.
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`sf-2389539
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`ERICSSON EXHIBIT 1013
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`

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`2
`Application No.: 10/278,342
`Response to Non-Final Office Action of 9/12/2007
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`Docket No.: 562492001600
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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)
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`A method of processing queued data packets in a
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`packet data 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 different weights to each tier of service based on a number of users requiring
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`access to the available communication 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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`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)
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`The method of processing queued data packets in a
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`packet data communication system according to Claim 1, wherein said allocating a proportion of a
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`total number of data packets further comprises:
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`providing a commitment that a proportion of an entire communication system bandwidth
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`will—be—allo<—:-ated is allocated to users operating on a particular tier.
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`Claim 3 (Previously presented) The method of processing queued data packets in a
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`packet data communication system according to Claim 1, the method further comprising:
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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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`Application No.: 10/278,342
`Response to Non-Final Office Action of 9/12/2007
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`Docket No.: 562492001600
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`Claim 4 (Previously presented) The method of processing queued data packets in a
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`packet data communication system according to Claim 1, wherein said allocating a proportion of a
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`total number of data packets is performed by using rate allocating service disciplines.
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`Claim 5 (Currently amended)
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`The method of processing queued data packets in a
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`packet data communication system according to Claim 1, the method further comprising:
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`providing a packet data user with an identification code to assist in the tier allocation,
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`wherein, the identification code provides at least one of the group consisting of: an identifier for the
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`user gd andwle-i= an indication of a number of data packets that the user wishes to transfer.
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`Claim 6 (Currently amended)
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`The method of processing queued data packets in a
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`packet data communication system according to Claim 5, the method further comprising:
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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 svalastant-ial-l-y each tier in
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`response to said determination.
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`Claim 7 (Previously presented) The method of processing queued data packets in a
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`packet data communication system according to Claim 1, the method further comprising:
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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 (Previously presented) The method of processing queued data packets in a
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`packet data communication system according to Claim 1, the method further comprising:
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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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`Application No.: 10/278,342
`Response to Non-Final Offiee Action of 9/12/2007
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`Docket No.: 562492001600
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`Claim 9 (Previously presented) The method of processing queued data packets in a
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`packet data communication system according to Claim 8, the method finther comprising:
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`repeating the method of Claim 8 until the total number of packets allocated to the tier is
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`transferred.
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`Claim 10 (Previously presented) The method of processing queued data packets in a
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`packet data communication system according to Claim 1, the method further comprising:
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`determining a tier of service for each user when a packet data session for each user
`COIIIITIBIICBS.
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`Claim 11 (Currently amended) A packet data scheduler queuing data packets in a
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`packet data communication system, the packet data scheduler comprising:
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`means for allocating a tier of service for substantial-l-y each of a plurality of individual
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`packet data queues, wherein the means for allocating allocates different weights to each tier of
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`service based on a number of users reguiring access to the available communication resource;
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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; and
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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 tos all tiers.
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`Claim .12 (Currently amended)
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`The packet data scheduler according to Claim 1 1,
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`wherein said means for allocating a proportion of a total number of data packets provides a
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`commitment that a proportion of an entire communication system bandwidth is allocated will-be
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`al-leeated to users operating on a particular tier.
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`5
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`Application No.: 10/278,342
`Response to Non—Final Office Action of 9/ 12/2007
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`Docket No.: 562492001600
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`Claim 13 (Currently amended)
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`The packet data scheduler according to Claim 11,
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`wherein said means for allocating :
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`different weights to each tier of service is operable for providing 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 14 (Original)
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`The packet data scheduler according to Claim 11, wherein said
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`means for allocating a proportion of a total number of data packets allocates data packets using rate
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`allocating service disciplines.
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`Claim 15 (Currently amended)
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`The packet data scheduler according to Claim 11,
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`wherein said means for allocating a proportion of a total number of data packets provides a packet
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`data user with an identification code to assist in the tier allocation step, wherein the
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`identification code provides at least one of the ggoup consisting of: an identifier for the user an_d
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`andaler an indication of a number of data packets that the user wishes to transfer.
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`Claim 16 (Currently amended)
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`The packet data scheduler according to Claim 15,
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`wherein said means for allocating a proportion of a total number of data packets determines, for
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`sebstantially each respective tier, that a number of data packets are requested to be processed; and
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`allocates a proportion of said communication resource to substantially each tier in response to said
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`determination.
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`Claim 17 (Currently amended)
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`The packet data scheduler according to Claim 11,
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`wherein said scheduling means is operable for placing places a user at a tail of the allocated queue,
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`depending on the user's tier of service when-said in response to the user providing provides data
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`packets for queuing.
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`Claim 18 (Currently amended)
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`The packet data scheduler according to Claim 1 1,
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`wherein said scheduling means is operable for:
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`allee-ates allocating data packets to a user at a head of the tier queue;
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`moves d user at said head of the tier queue to the tail of the queue when the
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`user's data packets have been sent; and
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`Application No.: 10/278,342
`Response to Non-Final Office Action of 9/12/2007
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`Docket No.: 562492001600
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`moves moving other user's in the queue closer to the head of the queue.
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`Claim 19 (Original)
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`The packet data scheduler according to Claim 18, wherein said
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`scheduling means repeats the operation of moving data packets and allocating data packets to a head
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`of a tier queue until the total number of packets allocated to the tier has been transferred.
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`Claim 20 (Original)
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`A communication unit comprising the packet data scheduler of
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`Claim 11.
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`Claim 2] (Original)
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`The communication unit according to Claim 20, wherein said
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`communication unit operates as a gateway to and/or from two packet data networks.
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`Claim 22 (Original)
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`The communication unit of Claim 20, wherein said
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`communication unit is a radio network controller for operation in a third Generation Partnership
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`Project (3 GPP) specification for wide-band code—-division multiple access (WCDMA)
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`communication system.
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`Claim 23 (Original)
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`A packet data communication system comprising the packet
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`data scheduler of Claim 1 1.
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`Claim 24 (Currently amended) A packet data communication system operable for
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`performing ael-apted-to-faeil-itate the method of Claim 1.
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`Claim 25 (Previously presented) A computer-readable medium comprising instructions
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`for performing the method of claim 1.
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`Application No.: 10/278,342
`Response to Non-Final Office Action of 9/ 12/2007
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`Docket No.: 562492001600
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`REMARKS
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`Claims 1-25 were pending in the present application. By virtue of this response, claims
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`1-2, 5-6, 11-13, 15-18, and 24 are amended. Accordingly, claims 1-25 are currently under
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`consideration. Amendment and cancellation of certain claims is not to be construed as dedication to
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`the public of any of the subject matter of the previously presented. No new matter is added.
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`Claim Rejections Under 35 USC §l 02
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`Claims 1-25 are rejected under 35 U.S.C. 102(e) as allegedly being anticipated by Veres
`
`et al. (U.S. Patent No. 6614790 Bl; hereinafter “Veres”).
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`In response, claim 1 has been amended to recite, among other things, “allocating
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`different wei
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`ts to each tier of service based on a number of users re uirin access to the available
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`communication resource; allocating a proportion of said total number of data packets to a number of
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`the tiers of service to allow individual packet data queues on a number of tiers to share a
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`communication resource; and providing said communication resource to queued packet data users
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`on a tier-by-tier basis, such that said communication resource is made available to a number of
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`tiers.” (Emphasis added). For support, see paragraphs [0071]-[0076] and Figure 3, for example.
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`In contrast, Veres discloses quality-of-service (QOS) guarantees utilizing a call
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`admission system based on ensuring sufficient capacity is available in order to admit a request. This
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`is described in the Abstract as follows:
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`These capacity requirements are necessary to guarantee the
`gualigg of service for all flows already admitted to the lower
`priority queues. These capacities are compared to the network
`capacity, and if there is sufficient capacity, the request is
`accepted. Otherwise, the request in rejected. (Emphasis added).
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`In other words, a predetermined “capacity requiremen ” is utilized to determine if an
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`incoming flow is admitted.
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`Therefore, Veres at least fails to disclose or suggest “allocating different weights to each
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`tier of service based on a number of users requiring access to the available communication
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`8
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`Application No.: 10/278,342
`Response to Non-Final Office Action of 9/ 12/2007
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`Docket No; 562492001600
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`resource,” as recited in claim 1. Accordingly, Applicant respectfully submits claim 1 is allowable
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`over Veres.
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`For at least the foregoing reasons, independent claim 11 is allowable. Therefore, claims
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`2-10 and 12-25, each of which is dependent on either independent claims 1 or 1 1, are also
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`allowable over Veres.
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`Accordingly, Applicant respectfully requests reconsideration and allowance of claims 1-
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`25.
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`Application No.: 10/278,342
`Response to Non-Final Office Action of 9/12/2007
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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
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`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
`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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`Dated: December 12, 2007
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`Respectfully submitted,
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`.
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`2 xx
`By
`.Wong
`Denise
`Registration No.: 59,622
`MORRISON & FOERSTER LLP
`
`425 Market Street
`
`San Francisco, California 94105-2482
`(415) 268-6221
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