UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box I450
`Alexandria, Virginia 22313-1450
`www.uspm.gov
`
`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`l0/278,342
`
`no/23/2002
`
`Timothy James Speight
`
`.
`
`73100
`
`9463
`
`MORRISON&FOERSTERLLP
`°”°*”°°’
`7””
`2°”
`425 MARKET STREET
`SAN FRANCISCO, CA 94105-2482
`
`TRAN. PHUC H
`
`2616
`
`3 MONTHS
`
`02/os/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 maximumstatutory period will apply and will expire 6 MONTHS
`from the mailing date of this communication.
`
`PTOL-90A (Rev. I0/06)
`
`ERICSSON EXHIBIT 1007
`ERICSSON V. IV
`
`IPR2015—01872
`
`

`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/278,342
`Examine,
`‘
`
`SPEIGHT, TIMOTHY JAMES
`M Uni,
`
`V2616
`PHUC H. TRAN
`- 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 tenn adjustment. See 37 CFR 1.704(b).
`
`Status
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`1)E] Responsive to communication(s) filed on 23 October 2002.
`2a)[:] This action is FINAL.
`2b)® This action is non-final.
`3)I:] 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 Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZ Claim(s) gs is/are pending in the application.
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`4a) Of the above c|aim(s) __ is/are withdrawn from consideration.
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`5)E Claim(s) 1—_2t1_is/are allowed.
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`6)X Claim(s) 2_5 is/are rejected.
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`7)D Claim(s) j is/are objected to.
`8)I:I Claim(s) :_ are subject to restriction and/or election requirement.
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`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)[:I accepted or b)[:l objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119 I
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`12)IZ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)XI All
`b)I:I Some * c)l:I None of:
`1.IXI Certified copies of the priority documents have been received.
`2.E] Certified copies of the priority documents have been received in Application No.
`3.E] 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.
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`Attachment(s)
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`1) 8] Notice of References Cited (PTO-892)
`2) CI Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) I] lnfonnation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`.
`
`‘
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`4) El Interview Summary (PTO-413)
`Paper N°(S)/M3“ Date- Z. -
`5) I:I N°"°e 0‘ '"f°""a' Pate”1APP'i°3“°"
`6) [:1 Other:
`.
`
`U.S. Patent and Tradermnt Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`'
`
`_
`Part of Paper No./Mail Date 20070130
`
`

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`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 drawingsiin compliance with 37 CFR
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`1.l21(d) are required in reply to the Office action to avoid abandomnent of the application. The
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`replacement sheet(s) should belabeled “Replacement Sheet” in the page header (as per 37 CFR I
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`l.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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`2.
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
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`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 c1aim(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 character(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.l2l(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 from 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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`

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`Application/Control Number: 10/278,342
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`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
`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
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`pursuant to 37 CFR l.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 paragraph and within
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`_ the range of 50 to 150 words. Appropriate correction is required.
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`Claini 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.l01 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 ‘of 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 al. (Pub. No. 2001/0033581 A1) discloses packet switch, scheduling device,
`drop control circuit, multicast control circuit and QoS control device.
`
`Dooly et al. (Pub. No. 2002/0163922 A1) discloses network switch port traffic manager
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`having configurable packet and cell servicing.
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`

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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 charmels.
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`Epps et al. (U.S. Patent No. 6977930 Bl) discloses pipelined packet switching and
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`queuing architecture.
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`Kohzuki et al. (U.S. 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 (8-4:30).
`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 (W USA OR CANADA) or 571-272-1000.
`
`Phuc Tran
`
`Assistant Examiner
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`Art Unit 2616
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`P.t
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`2/1/2007
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`

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`Notice of References Cited
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`Application/Control No.
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`.
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`10/278342
`,
`Examiner
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`Applicant(s)/Patent Under
`Reexamination
`SPEIGHT, TIMOTHY JAMES
`_
`Art Umt
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`U.S. PATENT DOCUMENTS
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`Document Number
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`Date
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`NON-PATENT DOCUMENTS
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`Include as applicable: Author, Title Date. Publisher, Edition or Volume, Pertinent Pages)
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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
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`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
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`Part of Paper No. 20070130
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`El
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`E——
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`FOREIGN PATENT DOCUMENTS
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`Country
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`Classification
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`Document Number
`Country Code-Number-Kind Code
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`Date
`MM-YYYY