UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMEl\'T OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
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`MORRISON & FOERSTER LLP
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`TRAN “TUE “
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`26,6
`DATE MAILED: 01/29/2008
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Timothy James Speight
`10/23/2002
`10/278,342
`TITLE OF INVENTION: PACKET DATA QUEUING AND PROCESSING
`
`562492001600
`
`9463
`
`APPLN.TYPE
`nonprovisional
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`PTOL-85 (Rev. 08/07) Approved for use through 08/3 I/2010.
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`_
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`

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`,
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`PART B — FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`I hereb certif
`§.‘i‘Jf§sséIi‘fi'.
`t§Z"‘ifi"all“s"t§“ i§éi5“e"§is‘i’zg°a.if3.'e'§‘s"§.i§lf5é ".§i"'b§l.."" ‘rZ{'c"s’“El.‘.’ll§
`transmitted to the USPTO (571) 273-2885, on the date indicated be ow.
`
`
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Timothy James Speight
`.
`I0/23/2002
`I0/278,342
`TITLE OF INVENTION: PACKET DATA QUEUING AND PROCESSING
`
`562492001600
`
`.
`
`9463
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`YES
`
`TRAN, PHUC H
`
`$720
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`2616
`
`$300
`
`$0
`
`$1020
`
`04/29/2008
`
`°“‘55'3”BC“‘SS
`370412000
`
`2
`
`3
`
`
`
`1. Chan e of correspondence address or indication of "Fee Address" (37
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`CFR I. 63).
`El Chan c of corres ondcncc address (or Change of Correspondence
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`This collection of information is required by 37 CFR 1.31 l. The information is re uircd to obtain or retain a benefit b the public which is to file (and by the USPTO to process)
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`PTOL-85 (Rev. 08/07) Approved for use through 08/3 I/2010.
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`OMB 0651-0033
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`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`'
`
`UNITED STATES DEPARTDIENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATEITFS
`PO. Box 1450
`Alexandria. Virginia Z2313-I450
`www.uspto.gov
`
`I0/278,342
`
`I0/23/2002
`
`Timothy James Speight
`
`562492001600
`
`'
`
`9463
`
`MORRISON & FOERSTER LLP
`425 MARKET STREET
`SAN FRANCISCO, CA 94105-2482
`
`.
`
`TW» “TUE H
`
`M
`DATE MAILED: 01/29/2008
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`‘
`(application filed on or after May 2_9, 2000)
`
`The Patent Term Adjustment to date is 1143 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 1143 day(s).
`'
`
`If a Continued Prosecution Application-(CPA) was filed in the above-identified application, the filing date that
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`A
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`PTOL-85 (Rev. 08/07) Approved for use through 08/3 l/2010.
`
`Page 3 of 3
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`

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`
`
`
`
`
`
`
`Notice of Allowability
`
`Application No.
`
`AppIicant(s)
`
`.
`
`10/278,342
`Examiner
`
`SPElGHT_ TIMOTHY JAMES
`Art Unit
`
`PHUC H. TRAN
`
`2616
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`
`
`
`
`
`
`
`
`1. E This communication is responsive to amendment filed 12/12/07.
`
`2. X The allowed cIaim(s) is/are 1-25.
`
`3. E Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) E All
`b) [I Some‘
`c) CI None
`of the:
`
`1. IZI Certified copies of the priority documents have been received.
`
`2. E] Certified copies of the priority documents have been received in Application No. __
`
`3. El 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)).
`I
`* Certified copies not received: _
`
`4. E] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`'
`
`5. D CORRECTED DRAWINGS ( as “replacement sheets") must be submitted.
`
`.
`
`(a) El including changes required by the Notice of Draflsperson’s Patent Drawing Review ( PTO-948) attached
`
`1) E] hereto or 2) I] to Paper No./Mail Date
`
`
`
`
`
`
`
`
`
`
`
` Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`
`
`
`
`
`
`
`
`
`
`(b) [I including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./Mail Date
`’
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`
`
`
`6. I] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiners comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. E] Notice of References Cited (PTO-892)
`
`5. Cl Notice of Informal Patent Application
`
`
`
`2. [:1 Notice of Draftperson's Patent Drawing Review (PTO-948)
`_
`3. E Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date 9/10/07
`4. E] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`
`
`6. E] Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`7. X Examiner's Amendment/Comment
`
`8. [:1 Examiner's Statement of Reasons for Allowance
`
`
`
`
`
`
`
`9. I] Other
`
`. U
`
`S. Patent and Trademark Office
`
`-
`
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20080105
`
`

`
`Application/Control Number: 10/278,342
`
`Page 2
`
`Art Unit: 2616
`
`DETAILED ACTION
`
`EXAMINER’S AMENDMENT
`
`1.
`
`An examiner’s amendment to the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`payment of the issue fee.
`
`Authorization for this examiner’s amendment was given in a telephone interview with
`
`Denies H. Wong (Reg. No. 59622) on 1/11/08.
`The application has been amended as follows:
`
`— Claim 24 (Currently Amended) A packet data communication system adapted—te
`
`for processing gueued data packets; the system comprising:
`
`a packet data scheduler, the packet data scheduler comprising:
`
`logic for allocating a tier of service for each of a plurality of individual packet data
`
`gueues; wherein the means for allocating allocates different weights to each tier of service based
`
`on a number of users reguiring access to the available communication resource;
`
`logic for determining a total number of data packets that can use an available
`
`communication resource;
`
`logic, operably coupled to the aforementioned means; for allocating a proportion of said
`
`total number of data packets to a number of the tiers of service to allow individual packet data
`
`gueues on a number of tiers to share a communication resources; and
`
`scheduling logic for providing said communication resource to gueued packet data users
`
`on a tier-by-tier; such that said resource is made available to all tiers.
`
`

`
`Application/Control Number: 10/278,342
`
`Page 3
`
`Art Unit: 2616
`
`- Claim 25 (Currently Amended) a computer-readable medium comprising computer
`
`executable instructions for performing the method of claim 1.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to PHUC H. TRAN whose telephone number is (571) 272-3172.
`The examiner can normally be reached on M-F (8-4:030).
`
`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
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`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.
`
`Phuc Tran
`
`Assistant Examiner
`
`Art Unit 2616
`
`P.t
`
`1/17/08
`
`_
`
`.
`
`.
`
`,
`
`' HI PHAM
`
`E
`
`SUPERVISORY PATENT EXAMIN 17
`/, 5/ fin
`
`1
`
`

`
`ALTERNATIVE TO PTOISBIOBNB (OM07)
`
`
`
`
`
`
`
`
`Substitute for loan 1449IPTO
`
`Arm” "um
`WW6
`INFORMATION DISCLOSURE
`‘"*‘"°"*°°'"'°"‘°'
`STATEMENT BY APPLICANT
`'
`
`
`(Use as many sheets as necessary)
`Examine, Nam,
`p_ }..t_ Tran
`m:—n11
`
`u.s. tureur DOCUMENTS
`
`|n'nids'
`
`No.
`
`Mlnber-tdnd Code’ (Ikncmm) MM-DDWW
`
`.
`
`...,.,,.,,.,.,,,....,,,
`
`,
`Applicant ot cited Document
`
`»=w.co~«nns.w-».v»»«e
`
`Relevant Passages Relevant
`mum Aw;
`
`
`
`
`
`My ..........,.....
`
`
` F
`OREIGN PATENT DOCUMENTS
`_
`
`
`Pagcs;Colums.Llrm.
`F°'°' " Pm” D°°'""°"
`Pugh"
`Name of Patentae or _
`
`VlmaoRelevantPassagos
`0' Relevant Figuas Appear 1‘
`Country Code’~Numbel‘-K‘nd Code’(iIknown) MM-DD-YYYY
`Ai'P“°°'“ °' 9"“ °°°""‘9"l
`
`
`
`Exanfingf
`lniiais'
`
`
`
`‘EXAMINER: initial it inlormation considered. whether or not citation is in conformance with MPEP 609. Drew line through citation it not in oontormance and not
`considered.
`Include copy oi this term with next communication to applicant.
`' Applicant’: unique citation designation number (optional).
`’ Sea Kinds Codes of
`USPTO Patent Documents at &_t§gl&go_v or MPEP 901.04.
`’ Enter Oflica that issued the document. by the two-letter code (WIPD Standard ST..’l).
`‘For
`Japanese patent documents. the Indication oi the year at the reign at the Emperor must precede the serial number at the patent document. ‘Kind ot document by
`Translationis altached.-
`'»
`the appropriate symbols as indicated on the document under WIPO Standard ST. 16 it possible. ‘Applicant is to place a check mark here it English language
`
`
`
`
`
`
`
`
`
`'
`
`NON PATENT LITERATURE DOCUMENTS
`
`
`Include name olthe author(in CAPITAL LETTERS). titleotthearticle (whenappropriate). title otthe item (book.
`
`
`
`magazine. journal, serial. symposium. catalog, etc.). date. page(s). volume-issue number(s), publisher. city
`andlor count where ublished.
`
`Held, G. (1997). Understandin Data Communications: From Fundamentals to Networkin .
`
`John Wile & Sons Ltd: West Sussex En land 16 a - es Table ot Contents
`
`
`Zhang. H. (October 1995). "Service Disciplines for Guaranteed Performance Service in
`
`
`Packet-Switchin Networks," Proceedins of the IEEE 83 10 :1374-1396.
`
`
`‘EXAMINER: initial ll reterence considered, whether or not citation is in conformance with MPEP 809. Draw line through citation It not in contormanca and not
`considered.
`include copy of this (mm with next communication to applicant.
`-
`-
`
`initials’
`
`No.’
`
`1 .
`/PW
`I
`
`‘Applicants unique citation designation number (optional). ‘Applicant is to place a check marlr here it English language Translation is attached.
`
`sf- 237861 1
`
`/PhUcTran/
`
`' 01/05/2008 ~