Ex Parte Hiller et al

Patent Trial and Appeal Board

Dec 18, 2013

10799569 (P.T.A.B. Dec. 18, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte THOMAS LLOYD HILLER
and DAVID ALBERT ROSSETTI
____________

Appeal 2011-005462
Application 10/799,569
Technology Center 2600
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Before JOSEPH L. DIXON, JAMES R. HUGHES, and ERIC S. FRAHM,
Administrative Patent Judges.

DIXON, Administrative Patent Judge.

DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of
claims 1-13. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.

Appeal 2011-005462
Application 10/799,569

2
STATEMENT OF THE CASE
Appellants’ claimed invention is a method:
useful in a push-to-talk over cellular (PoC) system to provide
an accurate but low-latency indication-to-speak. Generally, the
method may be referred to as a page-event confirmed
indication-to-speak. The page-event confirmed indication-to-
speak accurately confirms a targeted but dormant mobile station
is within radio reach by first sending a paging message to the
dormant mobile station. When the dormant mobile station
responds to the page message, an indication-to-speak is
delivered to an initiating mobile station to indicate to the user
that he/she may now speak.

(Abstract).

Independent claim 1, reproduced below, is representative of the
subject matter on appeal.
1. A method of communication with a dormant mobile
station, the method comprising:

paging the dormant mobile station in response to
receiving a request from a first mobile station to transmit a
message to the dormant mobile station;

receiving a page response signal from the dormant
mobile station; and

providing an indication-to-speak to the first mobile
station in response to receiving a page-event indication from a
mobility data network, the page-event indication being formed
by the mobility data network based on the page response signal;
and

establishing a connection with the dormant mobile station
in response to receiving the page response signal, the
indication-to speak being provided to the first mobile station
concurrently with establishing the connection.
Appeal 2011-005462
Application 10/799,569

3
REFERENCE and REJECTION
The Examiner rejected claims 1-13 under 35 U.S.C. § 102(b) based
upon the teachings of Rosen (WO 02/0939953 A1, Nov. 21, 2002).

ANALYSIS
The Examiner states the rejection is over Rosen paragraphs [0074],
[0077], and [0121]. (Ans. 4). Appellants contend that the Rosen reference
“describes waking up dormant mobile units in a group of idle mobile units
and reestablishing dedicated traffic channels using short data burst message
signaling” as described in paragraphs [0108 -0119], and that the Rosen
reference does not teach every limitation of the rejected claim in the same
relationship to one another as set forth in the claim. (App. Br. 5-9).
Appellants have maintained this same line of reasoning throughout
numerous responses since the Rosen reference has been first applied by the
Examiner on June 23, 2009. Throughout each response, Appellants have not
addressed the specific teachings with which the Examiner has rejected the
claimed invention. Since Appellants have not responded to the substance of
the Examiner’s rejection, Appellants necessarily have not shown error in the
Examiner’s proffered rejection. Therefore, we sustain the rejection of
independent claim 1 and its respective dependent claims 2-5.
Appellants present the same argument with respect to independent
claims 6 and 9. Therefore, Appellants have not shown error in the
Examiner’s finding of anticipation, and we sustain the rejection of
independent claims 6 and 9 and their respective dependent claims 7, 8, and
10-13.
Appeal 2011-005462
Application 10/799,569

4
CONCLUSION
The Examiner did not err in rejecting claims 1-13 under § 102(b).

DECISION
The Examiner’s decision rejecting claims 1-13 is sustained.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R.§ 1.136(a)(1)(iv)(2010).

AFFIRMED

msc