Ex Parte 7,436,795 B2 et al

Patent Trial and Appeal Board

Dec 22, 2014

95002153 (P.T.A.B. Dec. 22, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
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
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
95/002,153 09/07/2012 7,436,795 B2 1291-215.901 4722
106622 7590 12/23/2014
Blue Capital Law Firm, P.C.
600 Anton Blvd., Suite 1000
Costa Mesa, CA 92626
EXAMINER
HENEGHAN, MATTHEW E
ART UNIT PAPER NUMBER
3992
MAIL DATE DELIVERY MODE
12/23/2014 PAPER
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.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
________________

RESEARCH IN MOTION CORPORATION AND
RESEARCH IN MOTION LIMITED
Requester

v.

INNOVATIVE SONIC LIMITED
Patent Owner and Appellant
________________

Appeal 2015-000187
Reexamination Control 95/002,153
Patent 7,436,795 B2
Technology Center 3900
________________

Before MARC S. HOFF, DAVID M. KOHUT, and
JEREMY J. CURCURI, Administrative Patent Judges.

CURCURI, Administrative Patent Judge.

DECISION ON APPEAL
This proceeding arose from a request by Research in Motion
Corporation and Research in Motion Limited for an inter partes
reexamination of U.S. Patent 7,436,795, titled “Timer Based Stall
Appeal 2015-000187
Reexamination Control 95/002,153
Patent 7,436,795 B2

2
Avoidance Mechanism for High Speed Wireless Communication System”
(the ’795 patent). Patent Owner appeals the Examiner’s decision to reject
claims 1-8. PO App. Br. 2.
We have jurisdiction under 35 U.S.C. §§ 134 and 315.
We affirm.

STATEMENT OF THE CASE
The ’795 patent describes timer based stall avoidance mechanisms.
Abstract. Claim 1, which is reproduced below, is illustrative:
1. A timer based method to avoid stall of in-sequence delivery
of reordering buffers at a receiver in a high speed downlink packet
access (HSDPA) of a wireless communication system, where a
transmission sequence number (TSN) is assigned to each new data
blocks, while the receiver being capable of providing priority in-
sequence received data blocks delivery by temporarily storing
correctly received data blocks based on their priority class and in
order of their TSN at reordering buffers before delivering them to
upper layers, the method comprising:
at the receiver:
receiving a data block with assigned TSN;
storing a correctly received data block into one of the reordering
buffers based on the data block’s priority class and the order of its
TSN;
initializing at least one timer running for a predetermined period of
time for a reordering buffer when a received data block (TSN=X)
cannot be delivered to an upper layer due to at least one data block
with a lower TSN (TSN