Ex Parte Clausen et al

Patent Trial and Appeal Board

May 11, 2016

12748491 (P.T.A.B. May. 11, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
121748,491 03/29/2010
93968 7590 05/13/2016
MURPHY, BILAK & HOMILLER/LANTIQ
1255 Crescent Green
Suite 200
Cary, NC 27518
FIRST NAMED INVENTOR
Axel Clausen
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
Pl807US02 5406
EXAMINER
JOSEPH, JAISON
ART UNIT PAPER NUMBER
2633
NOTIFICATION DATE DELIVERY MODE
05/13/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
official@mbhiplaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte AXEL CLAUSEN, UMASHANKAR THY AGARAJAN,
and THOMAS ZETTLER
Appeal2014-008422
Application 12/748,491
Technology Center 2600
Before JEFFREYS. SivIITH, HlH...JG H. BUI, and NABEEL U. KHAN,
Administrative Patent Judges.
SMITH, Administrative Patent Judge.
DECISION ON APPEAL
Appeal2014-008422
Application 13/748,491
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134(a) from the rejections of
claims 1-20, which are all the claims pending in the application. We have
jurisdiction under 35 U.S.C. § 6(b).
We affirm.
Illustrative Claim
1. A DSL transceiver comprising:
a power mode controller configured to set the DSL transceiver
in a low power mode in which no payload data is transmitted and
move the DSL transceiver out of the low power mode responsive to
the DSL transceiver receiving data; and
a transmitter configured to transmit payload data only on a first
group of sub-carriers when the power mode controller is moving the
DSL transceiver out of the low power mode, the first group of sub-
carriers being a subset of the sub-carriers available to the DSL
transceiver for transmission.
Suzuki
Redfern
Prior Art
US 2005/0254515 Al
US 2005/0169392 Al
Examiner's Rejections
Nov. 17, 2005
Aug.04,2005
Claims 1and4--20 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Suzuki.
Claims 2 and 3 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Suzuki and Redfern.
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Appeal2014-008422
Application 13/748,491
ANALYSIS
We adopt the findings of fact made by the Examiner in the Final
Action and Examiner's Answer as our own. We agree with the decisions
reached by the Examiner for the reasons given in the Examiner's Answer.
We highlight the following for emphasis.
Claim 1 recites "set the DSL transceiver in a low power mode in
which no payload data is transmitted." Figure 6 of Suzuki is labeled
"Energy-save mode (continued low speed communication)," and contains
boxes S104 and T107 connected by an arrow labeled "data communication
(energy-save mode)." Appellants conclude that the energy-save mode of
Suzuki, when read in light of Figure 6, describes a low power mode that
transmits payload data. Br. 5-7. The Examiner finds the energy-save mode
communication shown in Figure 6 of Suzuki discloses transmitting a pilot
carrier signal for synchronization, not payload data. Ans. 5.
Paragraph 40 of Suzuki, which discusses boxes S 104 and T 107 of
Figure 6, discloses that in "the energy-save mode, even when there is no data
transmission request from the host, pilot signals are periodically exchanged
to maintain the synchronization." Paragraph 10 of Suzuki discloses
maintaining a communication function (i.e., the pilot signal of paragraph 40)
when data communication is not performed. We agree with the Examiner
that the communication shown in Figure 6 of Suzuki is for pilot signals, not
data communication, or "payload data," within the meaning of claim 1.
Appellants also contend the scope of the claimed "low power mode in
which no payload data is transmitted," when read in light of Appellants'
Specification, excludes the communication of pilot signals disclosed by
Figure 6 and paragraph 40 of Suzuki. Br. 7-10. Paragraphs 25 and 34 of
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Appeal2014-008422
Application 13/748,491
Appellants' Specification disclose moving the modem into a low power
mode when the modem is not transmitting payload data. According to these
embodiments, a pilot carrier is transmitted in low power mode when there is
no payload data to be transmitted. We find the scope of the claimed "low
power mode in which no payload data is transmitted," when read in light of
paragraphs 25 and 34 of Appellants' Specification, encompasses
transmitting a pilot carrier as disclosed by Suzuki.
Appellants have not provided persuasive evidence or argument to
distinguish "a low power mode in which no payload data is transmitted" as
recited in claim 1 from an energy-save mode that maintains a pilot signal
when data communication is not performed as disclosed by Suzuki.
We sustain the rejection of claim 1 under 35 U.S.C. § 102. Appellants
do not present arguments for separate patentability of claims 2-20 which fall
with claim 1.
DECISION
The rejections of claims 1-20 are affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 41.50(±).
AFFIRMED
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