Ex Parte Vuopionpera et al

Patent Trial and Appeal Board

Dec 22, 2016

12676895 (P.T.A.B. Dec. 22, 2016)

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.
12/676,895 03/25/2010 Raimo Vuopionpera P23019-US1 6080
27045 7590 12/27/2016
F.RTrSSON TNC EXAMINER
6300 LEGACY DRIVE PREVAL, LIONEL
M/SEVR 1-C-ll
PLANO, TX 75024 ART UNIT PAPER NUMBER
2475
NOTIFICATION DATE DELIVERY MODE
12/27/2016 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):
kathryn.lopez@ericsson.com
michelle. sanderson @ eric sson .com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte RAIMO VUOPIONPERA, ATTILA TAKACS, BORIS
DORTSCHY, HENRIK ALMEIDA, and ATTILA BADER
Appeal 2016-001658
Application 12/676,895
Technology Center 2400
Before CARL W. WHITEHEAD JR., JEFFREY S. SMITH, and
TERRENCE W. McMILLIN, Administrative Patent Judges.
SMITH, Administrative Patent Judge.
DECISION ON APPEAL
Appeal 2016-001658
Application 12/676,895
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final
rejection of claims 1—12. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
Representative Claim
1. A method of routing packets between nodes of a packet
switched network, the method comprising:
receiving a packet at a first node, the packet comprising routing
information and payload data;
sending said routing information to a second node, remote from
and interconnected with the first node via the packet switched
network, in a routing path via a first transmission medium of the
packet switched network; and
sending said payload data to said second node via a second
transmission medium of the packet switched network, said second
transmission medium being arranged in parallel with said first
transmission medium,
wherein a transmission speed of the first transmission medium
via which the routing information is sent is sufficiently higher than a
transmission speed of the second transmission medium via which the
payload is sent such that, upon receipt of said routing information,
said second node has time to prepare for onward routing of the packet
in advance of receipt of said payload.
Prior Art
Yoo US 2003/0133641 A1 July 17,2003
Examiner’s Rejection
Claims 1—12 stand rejected under pre-AIA 35 U.S.C. § 103(a) as
being unpatentable over Yoo.
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Appeal 2016-001658
Application 12/676,895
ANALYSIS
Claim 1 recites “sending said routing information . . . via a first
transmission medium of the packet switched network” and “sending said
payload data . . . via a second transmission medium of the packet switched
network.”
The Examiner finds the scope of the claim term “a first transmission
medium” encompasses the fiber band of an out-of-channel signaling carrier
as taught by Paragraphs 26 and 67 of Yoo. Ans. 4-5. The Examiner finds
the scope of the claim term “a second transmission medium” encompasses
the fiber band of a data carrier as taught by Yoo. Id. According to the
Examiner, Yoo teaches that in out-of-band signaling, the header is carried in
one fiber band, for example, 1310 nm, while the data signals are carried in
another fiber band, such as 1550 nm. Ans. 5 (citing Yoo 1 67).
Appellants contend that the use of out-of-band signaling does not
teach first and second transmission media. Reply Br. 2. According to
Appellants, the same transmission medium, namely, an optical fiber, is used
in Yoo to communicate both the payload data and header data. Id.
We agree with Appellants. Yoo teaches separately transmitting
signaling data and payload data in different fiber bands (or wavelengths of
light) over the same optical fiber transmission medium. Yoo 26, 67. The
different fiber bands used to transmit the different types of data are not
different mediums, but rather, are different channels within the same optical
fiber medium. See, e.g., Yoo 25-26.
We do not sustain the rejection of independent claim 1 under 35
U.S.C. § 103. Each of claims 2—12 either contain or depend from a claim
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Appeal 2016-001658
Application 12/676,895
containing a limitation similar to that recited in claim 1 for which the
rejection fails.
DECISION
The rejection of claims 1—12 under 35 U.S.C. § 103(a) as unpatentable
over Yoo is reversed.
REVERSED
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