Sprint Communications Company LP v. Vonage Holdings Corp., et al

Filing 295

MEMORANDUM IN SUPPORT of 294 MOTION in Limine to Preclude Arguements Under the 932 Patent That the Claimed Step Of "Selecting a Narrowband Switch" Can Be Read On Vonage's System Selecting A DS0 Connection by Defendants/Counter Claimants Vonage America, Inc., Vonage Holdings Corp. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Campbell, Terrence)

Sprint Communications Company LP v. Vonage Holdings Corp., et al

Doc. 295 Att. 2

Case 2:05-cv-02433-JWL

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EXHIBIT B

Dockets.Justia.com

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7§fjidn
t No. 10571 PA TENT

Practi

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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re application of: Joseph Michael Christie Application No.: 09/082,182 Group No.: A. Patel Filed: May 20, 1998 Examiner: 2738 For: METHOD, SYSTEM AND APPARATUS FOR TELECOMMUNICATIONS CONTROL ASSISTANT COMMISSIONER FOR PATENTS WASHINGTON, D. C. 20231 RESPONSE Dear Ajit Patel, ~1 In response to the Office Action dated April 10, 2001, please enter this amendment and consider the following remarks. A two-month extension of time is requested and authorized in the transmittal. In the Claims Please replace claims 1-63 with the following new claims 64-87.

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.(flew) A method of transferring a user communication to a packet communication system, the method comprising: receiving the user communication into a device; receiving signaling formatted for a narrowband system into a processing system; in the processing system, pmocessing the signaling to select a network code that identifies a network element to provide egress for the user communication from the packet communication system; transferring an instruction indicating the network code from the processing system to the device; and transferring a packet including the network code and the user communication from the device to the packet communication system in response to the instruction. :~(new)The method of claimp4t'herein the user communication comprises a voice communication.
~~new)The method of claim ~4Kwherein receiving the user communication comprises

receiving the user communication from a IDSO connection. * (new) The method of claimp4/wherein receiving the user communication comprises receiving the user communication from a communication path and wherein the processing system is not on the communication path. .(new) The method of clai * processing SS7 signaling.
5 A'herein

processing the signaling comprises

','inew) The method of clalmp4·ierein processing the signaling comprises processing 07 signaling. 7.(new) The method of claimp4·$herein processing the signaling comprises processing in-band signaling.

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Remarks Claims 1-63 are pending and stand rejected. Claims 1-63 have been replaced by new claims 64-87. Applicants request allowance of claims 64-87. Claims 1-63 were rejected under §102(e) and §103(a) over U.S. Patent 5,434,852 (La Porta '852) and U.S. Patent 5,509,010 (La Porta '010). In new claim 64, a processing system receives and processes narrowband signaling to select a network code that identifies a network element to provide egress from a packet communication system for a user communication. (See the Application, page 18, lines 14-23). In La Porta, the processing system selects an ATM connection and transfers a control message to an ATM switch indicating the ATM connection. To the ATM switch, the ATM connection identifies an output VPINVCI for routing ATM cells out of the ATM switch. The ATM connection does not identify "a network element to provide egress from a packet communication system." In new claim 75, a device receives a packet including information and a user communication and transfers the information to a processing system. The processing system processes the information to select a communication path and transfers an instruction Indicating the communication path to the device. The processing system also transfers narrowband signaling Indicating the communication path for the user communication. In response to the instruction, the device transfers the user communication to the communication path. In La Porta '852, switch 510processes ATM cells from OPE 501, but does not transfer information from these ATM cells to the servers. Instead, CPE 501 communicates directly with call server 502 using a new broadband signaling protocol.

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Conclusion. Applicant submits that there are additional reasons for patentability, but such reasons are moot in light of the above remarks, and additional remarks are omitted in the interests of brevity. Respectfully submitted,

SIGNATII'E OF PRACTITIONER04

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ATTORNEY CONTACT:

Michael J. Setter, Reg. No. 37,936 Phone: [phone] Fax: [phone] Customer No. 028004 Attn: Harley R. Ball Sprint Law Department 5140 Ward Parkway Mailstop: MOKCMP05O6 Kansas City, Missouri 64114 CertIfIcate of maling 37 CFR 1.8

CORRESPONDENCE ADDRESS:

1 eeycertify that this Response, along with any paper(s) referred to as being r enclosed, is being deposited with the United States Postal Service on - 2001 as First Class Mail, postage prepaid, addressed to: Assistant Commissioner for Patents, Washington, D. C. 20231. atth DateQdra Mebom

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