Ex Parte Rofougaran

Patent Trial and Appeal BoardJul 26, 2016

12033294 (P.T.A.B. Jul. 26, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 12/033,294 02/19/2008 Ahmadreza Rofougaran 121419 7590 07/28/2016 Oblon/Broadcom Corporation 1940 Duke Street Alexandria, VA 22314 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. 428639US8 6089 EXAMINER TRAN, TUAN A ART UNIT PAPER NUMBER 2648 NOTIFICATION DATE DELIVERY MODE 07/28/2016 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): patentdocket@oblon.com oblonpat@oblon.com ahudgens@oblon.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte AHMADREZA ROFOUGARAN Appeal2015-003037 Application 12/033,294 Technology Center 2600 Before JEFFREY S. SMITH, DANIEL N. FISHMAN, and AARON W. MOORE, Administrative Patent Judges. MOORE, Administrative Patent Judge. DECISION ON APPEAL Appeal2015-003037 Application 12/033,294 STATEMENT OF THE CASE Appellant 1 appeals under 35 U.S.C. Â§ 134(a) from a Final Rejection of claims 1, 2, 4--12, and 14--21, which are all of the claims now pending. We have jurisdiction under 35 U.S.C. Â§ 6(b ). We reverse. THE INVENTION The application is directed to "a method and system for sharing modulation information between multiple access points [that] may include receiving modulation control information and demodulation control information at an access point comprising one or more receivers and one or more transmitters" where "[ t ]he modulation control information and demodulation control information may be received on a link operating in a frequency band different from [the] transmit [and] receive frequencies." (Abstract.) Claim 1, reproduced below, is illustrative: 1. A method for processing communication signals, said method comprising: receiving modulation control information including one or more desired modulation frequencies and demodulation control information including one or more desired demodulation fre- quencies over a wireless link at an access point comprising one or more receivers and one or more transmitters; adjusting one or more modulation frequencies to said one or more desired modulation frequencies utilized to generate trans- mit signals by said one or more transmitters based on said re- ceived modulation control information; 1 Appellant identifies Broadcom Corporation as the real party in interest. (See App. Br. 2.) 2 Appeal2015-003037 Application 12/033,294 adjusting one or more demodulation frequencies to said one or more desired demodulation frequencies utilized to generate intermediate frequency signals by said one or more receivers based on said received demodulation control information; wherein said modulation control information and demodula- tion control information are received via an antenna in a fre- quency band different from said one or more modulation fre- quencies, said one or more demodulation frequencies, a fre- quency of said transmit signals, and a frequency of data signals received via another antenna of each of said one or more receiv- ers. THE REFERENCES AND THE REJECTION Claims 1-2, 4--12, and 14--21 stand rejected under 35 U.S.C. Â§ 103(a) as unpatentable over Lee (US 7,792,076 B2; issued Sept. 7, 2010) and Doshi (US 7,688,795 B2; issued Mar. 30, 2010). (See Final Act. 2-5.) APPELLANT'S CONTENTIONS Appellant argues that the rejections are improper because "Lee does not disclose or reasonably suggest communicating modulation and demodulation control information on a network that is different than a network for transmitting and receiving data signals, Lee does not disclose or reasonably suggest the claimed features[,]" and "Doshi does not remedy this deficiency." (App. Br. 12.)2 2 Appellant raises additional issues in the Briefs. We are persuaded of error with regard to the identified issue discussed supra, which is dispositive as to the rejection of all claims. Therefore, we do not reach the additional issues. 3 Appeal2015-003037 Application 12/033,294 ANALYSIS The Examiner finds that Lee teaches everything recited in claim 1 except that, Lee does not explicitly mention that the one or more circuits receive said modulation control information and demodulation control information on a link operating in a frequency band via an antenna different from said modulation frequencies and said demodulation frequencies, said transmit signals and said received signal (i.e. utilizing different types of communication links to interconnect the Network Management Server (NMS), the access points, and the terminal devices). (Final Act. 3.) The Examiner further finds, however, that "Lee does suggest that the Network Management Server (NMS), the access points, and the terminal devices are interconnected utilized various types of communication protocols and/or frequency spectrums" and that (Id.) utilizing different types of communication protocols and/or links to interconnect the Network Management Server (NMS), the access points, and the terminal devices (i.e. terrestrial WAN link, optical fiber link or satellite link to connect the NMS with the access points and IEEE 802.11 WLAN wireless link to connect the access points with terminal devices) is known in the art as suggested by Doshi (See figure IA and col. 2 lines 15-55), wherein using different types of antennas for different communication protocols and/or links is commonly known in the art (i.e. satellite antenna for satellite communications or short- range antenna for short-range communications). The Examiner concludes that it would have been obvious "to reconfigure ... [Lee], with such features as suggested by Doshi for the advantage of expanding the capability of the system to various types of communications protocols as well as providing flexibility in establishing 4 Appeal2015-003037 Application 12/033,294 communication network to accommodate the design's intention such as QoS, cost, interference reduction and/or location." (Id. at 3--4.) We agree with Appellant that, although the cited art discloses that different types of networks may be used, it fails to teach or suggest combining different types of networks, i.e., there is no teaching or suggestion in the cited art that one might use, for example, UWB for the modulation and demodulation control information but WLAN for the data signals. The cited portion of Lee ( 4: 14--21) merely states that the devices may be connected by different types of wireless networks, while the cited portion of Doshi (2:21-55) simply explains that a network "can include a variety of network segments, transmission technologies and components, such as terrestrial WAN links, satellite links, optical fiber links, and cellular links." Missing is a teaching or suggestion that one access point might receive modulation/demodulation control information "in a frequency band different from said one or more modulation frequencies, said one or more demodulation frequencies, a frequency of said transmit signals, and a frequency of data signals received via another antenna of each of said one or more receivers," as recited in claim 1. Because we find the cited art insufficient to establish a prima facie case of obviousness, we do not sustain the rejection of claims 1, 2, 4--12, and 14--21. DECISION The rejections of claims 1, 2, 4--12, and 14--21 are reversed. REVERSED 5