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

Filing 297

MEMORANDUM IN SUPPORT of 296 MOTION in Limine to Preclude Evidence of the 301 Family Patents Under the Doctrine of Equivalents by Defendants/Counter Claimants Vonage America, Inc., Vonage Holdings Corp. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Campbell, Terrence)

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

Doc. 297 Att. 3

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 1 of 23

EXHIBIT C

Dockets.Justia.com

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 2 of 23

Docket

SPT-1057

CERTIFICATION
that this

UNDER
and
Petition Service

37

C.F.R. 1.8

Amendment
with the

Transmittal Letter United
States

for as

Extension

of Time

deposited

Amendment
prepaid

and

Correction of

iostal

First

to Commissioner

Class Mail postage D.C. 20231.

on

of Patents

and

May

1995

in

Trademarks Washington

IN

TuE UNITED STATES PATENT J
OSEPH MICHAEL

AN TRADEMAJj

Applicant

CHRISTIE

Serial

No.

08/238605

4/

Filed

05/05/94

Title

METHOD SYSTEM

AN APPARATUS FOR

TELECOMJ1JJCATIONS CONTROL
Examiner

BlumR.
2603

Art Unit

AMENDMENT TRANSMJTrAJ LETFER AN PEn 1ION FOR EXTENSION OF TIME
Hon.

Commissioner of Patents and
D.C. 20231

Trademarks

Washington

Dear

Sirs

Pursuant to 37 C.F.K
to the Office

l.136a

Applicants

hereby petition
the

for an

extension

Action

dated

November
to

of time to respond
to

1994 with
1995.

time for

response

due
the

period

of

February
petition fee

1995

extend such
to Sprint fees

months

May

Communications
necessary for the

Please charge 1-0765. necessary

of $870.00
any
the

Company
filing

Deposit paper

Account

No.

Please also
in connection

charge with

additional

of

this

or otherwise

above-identified

Application to Sprint
this

Communications
for this

Company

Deposit

Account

No.

1-0765.

sheet

is

enclosed

duplicate

copy of

purpose.

Transmitted

herewith
calculated

is

an

amendment

in the

above-identified

amendment has been 6B27286 05/23/95

application.

The

fee

for

this

as

shown below. 21-0765
270 117

00238605

87000CH

VON_86531

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 3 of 23

FEE CALCULATION

AS

AMENDED

CLAIMS REMAINING AFTER

HIGHEST

PRESENT

RATE

ADDITIONAL FEE

NUMBER
PREVIOUSLY PAID FOR MINUS

EXTRA

AMENDMENT
TOTAL CLAIMS
INDEP.
11

56

63

$22

$0
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MINUS

$76

CLAIMS
PETITION

FEE

Extension

of

Time

$870.00

TOTAL

ADDITIONAL

FEE
---

$1022.00

FOR

THIS

AMENDMENT

If the entry

in

Column

is

less than the entry

in

Column

write

in

Column

5.

If the

Highest

Number

Previously Paid

For
For

is

less than

20

write

20
in

in this

space.

If the

Highest

Number

Previously Paid

is

less than

write

this space.

El

No

additional

fee is required.

Charge $1022.00
necessary in connection Deposit

and with

any
the

additional

fees

necessary for the
application
this

filing

of this paper

and

otherwise

above-identified duplicate

to
is

Sprint enclosed.

Communications Companys

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No.

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copy of

sheet

Respectfully

submitted

Date

-c

93

By
J.

Setter

Reg.

No. 37936 624-5194 624-6388

913 Fax 913
Tel

SPRINT

COMMUMCATIONS COMPANY L.P.

8140 Ward Parkway
Fifth Floor

MS

MOKCMPO5O6

KansasCityMissouri 64114

VON_86531

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 4 of 23

j\
SPT-1057

CERTIFICATION

UNDER

37

C.F.R.

1.8

with the is being deposited Letter and Transmittal this 1mendment hereby certify that 1995 in an enveli May as First Class Mail on or before Postal Service States united 20231. D.C. to Commissioner of Patents and Trademarks Washington addressed

IN

THE

UNITED

STATES

PATENT CHRISTIE

AND

TRADEMARK

OFFICE

ipplicant
Serial

JOSEPH

MICHAEL
605

No.

08/238
05/05/94

Filed Title

METHOD

SYSTEM

AND APPARATUS
CONTROL

FOR TELECOMMUNICATIONS Examiner Art Unit

Blum
2603

R.

AMENDMENT

Please referenced appropriate drawings fee and
is

enter

the

following

amendment for

and

reconsider of

the

above the the

application. fee are

petition enclosed.

extension

time

and to

proposed format to the along

correction with
the

enclosed

in

red-line directed

appropriate

separate

paper and

draftsman. will be
is

An information
filed in few

disclosure days and

statement should be

appropriate when this

fee

available

amendment

considered.

SB27287

05/23/95

08238605

210765

270

102

152.OOCH

VON_8653l

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 5 of 23

In

the

Specification

On page path would
to

11

lines

22-23
134

the

text

should

read

communications
146.

fourth

element

to

over

sixth

connection

CCP

120

signal On page

fourth

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33

134.
should

11

read

transmitted

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received

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links
On page On page On page

connections

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other

13 14 32

line line line

after

access

delete
--

a.
and

13

after after

or or

add

triggering

delete

a.

In

the

Claims
cancel claims claims 1-63 without prejudice. Please add the

Please following

new

64120.

V0N865314

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 6 of 23

for

processing network secon

tel

communicationS rein the network

signals
is

received of are the

by
at

telecommunications least first switch to form

comprised which to

switch
on paths

and

connections in response

operable

coinmunicat

telecOIfl11lunicat0r5

signals
first

th

method comprising
into ing the network requesting into the first network

receiving communication requesting routing signal signal switch causes to
to

signal recel

path second the the

and

second

signal

communic first first
si

tion nal
it

path
to processor before routing causes the the the first second second to the

to

trigger
second
is

and signal

the

processor where sec
fi st

fo

the

trigger
and

the

processor

located

external

first switch

the the

switch
signal
to

processing first set and of

in

the

processor the the first

to

produce

informati

used second

establish signal in to

communication

path

processing set of

processor to produce
the second

second communication

nformation

used

establish

path

producing set of

rd
and set the

signal

in

the

processor fourth

based
in

on the

the

first

information
secon

producing of

signal

processor

based on the

information
signal from the processor from the to the first to

transmitting

third

switch
the

and

trÆn mitting switc
--

the

fourth

signal

processor

second

VON_865315

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 7 of 23

65.

The

method of
and on the to path.

claim

64

erein further of

the

network

further

includes fifth the first

third signal fifth

switch

the

method
se

comprises and

producing
transmitting the

based
signal

first the

information to

thi

switch

establish

communication

66.

The

method

of

clai

65

wherein producing

producing different

the

third

signal

and

the

fifth

signal

comprseS

signals.1

67.

The

method

of

ci

64

wherein

receiving the

the

first signal

signal and the

and

the

second signal

signal in Signal

prses receiving
ystem

first

second

SS7

format.

68.

The

method

of

ai

64

wherein

receiving the

the

first signal

signal and the

and

the

second signal

signal in broa

omprises and

receiving

first

second

format./z_

\-69.
in the

The

method of
comp fir

claim ises

64

wherein

processing the based
at least

first in

signal on

processor code in the

processing

part

point

signal.

70.

The

method of
co

claim rises code

64

wherein

processing the based
at least

first in

signal on

in

the

processor

processing in the

part

circuit

identifiCati

first signal.

VON

865316

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 8 of 23

/7l.
ih the

The

method of

claim

64

rein essing
--

processing the based
at least

first in

signal on

processor type of

comprises the

pro

part

message

first signa

72.

The

method of

claim

64

wherein ocessing the

processing based
at

the least

first in

signal on

in

the

processor of

comprises number

part

portions

dialed

first

signai.74

The in the

method of

claim

64

wherein

processing based
at

the least

first in

signal on

processor information

compri in th

processing
st

part

set-up

signal.

74.

The

method of

clai

64

further processor

comprising and

receiving

network the

status first

information signal on the in the

into pro essor atus

wherein

processing
at

comprises

processing based

least

in part

network

information./

/75.

The

method

of

claim

74

wherein

receiving

network reflects

status load

information of network

comprises element.

eceiving

information

which

76.

The

method

of

claim

74

wherein network

receiving status

network

status

information reflects

comprises status of

receiving least one

information

which

of

the

connections.

VON_86531

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 9 of 23

77.

The

method

of

claim receivi

74

wherein network

receiving status

network

status which

ihformation reflects an

comprises error

information

condition.

78.

The

method

of

clai rece

74

wherein network

receiving status

network

status

information reflects an

comprises alarm.

ving

information

which

79.

The

method

of

aim

74

wherein

receiving

network

status

information information.

comprise

receiving

Signaling

System

SS7

IL
method control the first in par claim formation ignal on the in
64

80.

The

further the

comprising

receiving and

operational processing

into the

processor
comprises

wherein

processor

processing

based

at

least

operational

control

informatiOfl./_

/8l.

The

method of
compris network

claim

80

wherein
an

receiving instruction

operational not to

control select

information particular

receiving

ement.
claim the
64

/482.

The

method

wherein
signal in

producing Signaling

the

third

signal

comprises format.

producing

third

System

SS7

VON_86531

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 10 of 23

83.

The

method of

claim third

64

bherein
gnal

producing

the

third

signal

comprises

producing

the

in broadband

format.

84.

method

for

processin netwo

telecommunications wherein cond cation the network

signals
is

received of are the

by
at

telecommunications least first switch to form

comprised which to

switch
paths

and

connections in response

operable

commun

telecommunications receiving communication requesting routing switch the applies

signals
first

the
al

method comprising
into the network requesting into the first network

path second the the before

and co first firs th

eiving ic
si

second

signal

tion nal

path
to and switch processor routing the before second second the first to

signal
second located

signal

processor the

applies to

the

signal
and

wherein the

processor

external

the

first

switch

second

switch
the rst signal to in the

processing first path set of

processor
the
is

to

produce

informaton
the firs

used set of

establish

first not

coirimunication

wherein

information device and

defined
is

for

the to

processor the first

by
switch

digita and

cross-connect the to nd second produce

which

connected
the

switch

processing
set of

second used set

signal to of

in the

process the
is

second path the

information the second the

establish information

sec

communication defined for

wherein

processor

by

digital

cross-connect

device

VON_86531

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 11 of 23

producing

third

si

in

the

processor fourth

based
in

on the

the

first

st

of

information
on the second

ing

signal

processor

based

information
rd signal the from the

transmitting

processor to
from the

the

first to

fourth

signal

processor

the

VON_865320

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 12 of 23

L85.

method

for

processing wher nd tion
st

ecommunications in the network
is

signaling comprised are to
is

for of
to

telecommunications plurality form of of network

network

elements communi at
le

connections paths network paths are in

which response

operable

plurality of
wherein

plurality switch
in and

signals

one

element

wherein to at

individual one sig the the sig whe

ication

established

response

least

al

the
al

method comprising
into the

receiving routing by the

network
before
is

als

to

processor processor

the

signals external

are
to

used any

switch

the

located

switch
processing used
to

signals the

in the

processor

to produce

information

establi

communication signals in

paths
the processor

generatin

new

based

on

the

information
transmi of network ting the new signals from the processor to

plurality

lements.

VON_865321

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 13 of 23

I/86.
by
at

method for processing
network and in conne

te

ecommunications erein ions the which network are

signals
is

received of form

telecommunications least one switch paths

comprised to

operable

communication the

response

to

the

telecommunications

signals

method comprising
receiving first sign into the network requesting

communication routing switch external applies to

path
the first
si

to

processor wherein the

before processor

particular
is

the

first

nal

located

any

switch
the firs nal the ignal in the processor to select

processing connection

used to establi
second

communication in the

path
reflecting on the

producing selected

processor

connection
the econd signal from the processor to the

transmitting particular switch.

/87.
comprises

The

method

claim hysical

86

wherein

selecting

the

connection

selecting

connection.A

/vB.

The

method

claim logical

86

wherein

selecting

the

connection

comprises

selecting

connection.

10

VON_865322

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 14 of 23

method for processing/teieCOunicat10nS
by
at

signals
is

received of

telecommunications least one switch paths

network/wherein and con ctions to the

the which

network
are

comprised to

operable

form

communication the

in

respone

telecommunications

signals

method comprising
receiving first
si

nal

into

the

network

requesting

communication routing switch external

path
the first silnal to processor wherein the

before processor

particular
is

applies to any

the

first

ignai

located

switch
the to ext signal in the processor path to select

processing network element

communication signal in the

to
reflecting on the

producing
selected network

seco eleme th

processor

transmitting particular switch.

second

signal

from

the

processor

the

The element

metho

of

claim

89

wherein

selecting

the

network

comprises

lecting

switch./

The comprises

method
selecti

claim

89

wherein

selecting

the

network element

server.

The comprises

metho select

of ng

claim an

89

wherein

selecting

the

network

element

enhanced

platform. 11

VON_865323

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 15 of 23

The comprises

method of claim
selecting

89

wherin
nod

selecting

the

network

element

service

J94.

processor

external

to erein

any the

switch processor

for
is

processing operable to

telecommunications receive switch used new to signaling and process

signaling in the format recei

dentical ed

to

signaling
to

received

by

signaling and
to

produce generate

information and transmit signaling

establish

coinmunicati on th

paths
formation

to

signaling

based

plurality of

points.

95.

processor

ex

al

to

any the

switch processor

for
is

processing
operable to

telecommunications receive switch used new to signaling and process

signali in the
fo

wherein mat

identical

to

signaling to to select

received

by

eceived cation the

signaling

connections and at transmit least one

establish

commun

paths

and

generate to

signaling

reflectin

selected

connections

signaling

point.

1A
external naling format the to any the switch processor to signaling to and for
is

96.

processor
si

processing
operable to

telecommunications receive switch elements signaling and to

wherein

in

identical

received select

by

process establi

received

signaling paths

network and

communication
12

to

to

generate

VON_865324

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 16 of 23

transmit
at

new one signal

the

selected

network

elements

to

least

13

VON..865325

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 17 of 23

telecommunications

netw

rk

wherein

the

network

comprises
the the

plurality of
network network elements elements plurality are

network switches signa connec

ements and ing ions and aths

wherein wherein

plurality of plurality
of

include of

points
between the are network operable in elements to form to

wherein

the

network

elements

connections through the

plurality of signaling

communication

network

response

processor processor requesting signaling process the
is

bc

externally receive path

to

the

switches
of

wherein signals have

the each

operabi communi

plurality before the

switches communication

applied

associated signals

wt

the

requested information new

path

to the the

produce to

used

to

establish reflecting

communication

paths

generate

signaling

information plurality of
points points. operable to links between the the new processor signaling and to the the signaling signaling

transmit

/98.

The

net ca

ork rier.

of

claim

97

wherein

the

network

is

an

interexchange

The exchange

ne

ork

of

claim

97

wherein

the

network

is

local

carri

r.114

VON_865326

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 18 of 23

//lOO.

The

network

of

claim

wherein

the

network

is

cnnect1ofl0riert

network.

j4lO1.

The

network gateway.

of

97

wherein

the

network

is

an

international

j4
cia
97

The network.

network

of

wherein

the

network

is

satellite

/O3.
network.

The

network

of

97

wherein

the

network

is

wireless

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network

aim

97

wherein

at

least

one

of

the

-1klO4.
switches
is

1_-jO5.
switches

The
is

of

claim switch.

97

wherein

at

least

one

of

the

ciO6.
switches

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claim

97

wherein mode

at

least

one

of

the

transfer

switch.

-1O7.
switches

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is

97

wherein

at

least

one

of

the

switch

15

VON_865327

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 19 of 23

/_o8.
elements

The
is

network

of

claim

97

whereiat

least

one

of

the

network

server.

/claim
97

The elements
is

network an

of

wher

in at mode

least

one

of

the

network

asynchronous

transfe

multiplexer.

j4

tJ1O.
is

The

network

of

claim

97

herein

portion

of

the

signaling

in Signaling

System

form

The
is

network

of

ci

wherein

portion

of

the

signaling

in broadband

format.

/L_112.

telecommunica networ sign the ing

signaling signaling

system system

for

use

with

telecommunications

comprising

plurality of
signaling reside the in switch

points
the signaling to receive

process and

wherein

processor does
signals to that

not

operational

enter the

network and and

requesti produce to

communications

path

process

signals

/nformation
new

used

to

establish

communication

paths

generte

signaling

information

based

on

the

information plurality
points operable to the and to the sig signaling aling the links connected the the to the signaling links are

processor new

wherein from

signaling signaling

trans

signaling

processor

signaling

oints./cz__16

VON_865328

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 20 of 23

113.
is

The

signaling of

system

of

clam
aling

112

wherein

the and

new

signaling the

comprised

different messages

sig ar

messages to

wherein

different points.

signaling

transmitted

different

signaling

/K_
stem
to

l14.
processor switches points.

The
is

signali operati transmi ng

of

claim

112

wherein

the of

signaling

direct new

switching signaling

matrixes to

multiple
signaling

by

the

multiple

115.

The
is

sig

aling

system to

of

claim

112

wherein

the

signaling points in

processor response

erational

signal from

multiple single

signaling source.

to

re eiving

signaling

A-ll6.

Th

signaling operational

system to

of

claim

112

wherein
point

the

signaling to

processor
receivin

signal

signaling

in response

signaling

from multiple

sources./L_

17

VON_865329

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 21 of 23

117.

method

for

contro11i7g comp opera
le

communications at least receive first and the

in switch extend

telecommunications and second

network switch

which both

ses

to

communication

paths

in

respons

to

signaling

method

comprising
receiving receiving path first into switch communication first signal
re

th

at

the

first switch with
is

associated he first
is

the

communication by the

processor and

bef

signal

processed by
the

before pro or

signal
is

processed
to the

second and

switch
the

wherein

the

external

first

switch

second

switch
the
fi

processing first set of

signal for use produce

in

the

processor switch of

to

produce extend the for

informatio path an

by the

first

to

communication use

second the

set

information

by the

second

5w
se

ch ond

to

extend

communication on the of first

path
set information

producing and third signal

signal on the

based
second signal

ased the

set to

information
first switch and the

transmitting third signal extending second switch the to

second

the

second

switch
path from the first switch to the and

communications cording
to

the

information from the

in the second

second switch

signal

extending to the

communications tion in the

path

according

info

third

signal./z_

18

VON.865330

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 22 of 23

118.

The switch

method of
are

claim

where

the

first

switch

and

the

1/
different

second

swt

ypes.

fZ
the first switch and the

119.

The switch

method
are

of

cla ed

117

herein

ft

second

provi

different

manufacturers.

120.

The swi

met

od and

of the

claim second

117

wherein
is

the

first

switch switch.

is

broadband

switch

narrowband

Remarks
Claims 64-120 The new have 1-63 been are the have added of been canceled without to scope prejudice. the canceled New claims

which the same

correspond general

claims. matter and new

claims
as

in subject submits

terminology matter has

canceled

claims.

Applicant

that

no

been
term the

added.

The added these to

trigger

is

now

used

in

the

claims

and

has

been
that the
it

specification. do not

Applicant constitute

respectfully new matter

submits because

additions

specification discusses readily

inherently switch query that

refers to an

to

trigger Those

situation in the

when

SCP.

skilled included well aware

art would In

understand those

this in the

situation art are

trigger. of the

addition
of the

skilled

meaning

term

trigger. and

trigger takes some

occurs action

when
as

switch result.

recognizes For

defined

condition

example

19

VON_865331

Case 2:05-cv-02433-JWL

Document 297-4

Filed 08/18/2007

Page 23 of 23

cited

references

do

not

suggest by
117

any

method

for the in
is

interworking signaling. part that one

differently

manufactured
is

switches on

controlling and another recites

Claim 120
switch switch. interworking controlling the
is

dependent switch

broadband
The cited

and

switch suggest

narrowband method
switch for

references switch

do

not with

any

broadband
signaling. respectfully allowance

narrowband

by

Applicant
condition references. Please or otherwise Sprint for

submits and are

that

claims

64-120 over the

are

in

patentable of claims

cited

Applicant
charge in any

requests

allowance fees the

64120.
of this paper to No.

additional with

for the

filing

connection

above

identified

application Account

Communications

Communications

Company

Deposite

2107

65.

Respectfully

submitted

Date______

By_____________
Michael Reg.
No.
J.

setter Attorney 37936
6245194 6246388

Tel
Fax
Sprint Communications 8140 Ward Parkway 5th Floor Kansas City Company L.P.

913 913

MS

Missouri MOKCMPO5O6

64114

32

VON_865344