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. 4

Case 2:05-cv-02433-JWL

Document 297-5

Filed 08/18/2007

Page 1 of 10

EXHIBIT D

Dockets.Justia.com

Case 2:05-cv-02433-JWL

Document 297-5

Filed 08/18/2007

Page 2 of 10

Sprint

Docket

CERTIFICATION

UNDR37
States Postal

C.F.R.

1.8

hereby
in

certitj

that

this

Amendment
to
Assistant

is

being

deposited

with

the

United

Service

as

First

Class

Mail

postage

prepaid

an envelope

addressed

Commissioner

of Patents Washington

D.C. 20231.

IN

THE UNITED STATES PATENT AND TRADEMRK
Joseph Michael
Christie

OFFICE

Applicant
Application. Title

No.

08/525897 Broadband
September Telecommunications

APR
System

17

1998

Group 2700

Filed

1995

Art Unit

2603

Examiner

Blum

R.

Amendment
Please amend of

and re-consider

the

above-referenced

application.

Also

enclosed

are

an

Extension

Time

Terminal

Disclaimers

an

Information Disclosure

Statement

Correction of

Drawings

and

Transmittal

with appropriate

fee authorizations.

In

the

Specification as follows.

Please amend

the

specification

On

page

llease

delete

lines

3-6.

On page On page
3A
and

Iie 13 please change
line

by to-be
Figure
--.

--.

29

please change of versions

is

block

agram

of

version

tO -- Figures

3B

are block

diagrams

On
On
version

page

iilin24please 12
line

change

to

--

3A
paragraph Figure
is

page

30

please add the following

3B shows
to

another

of

the multipleer

for other embodiments.

The multiplexer
interface

similar

Figure

3A

except that

E3

interface

312 El

interface

317 and OC-3
please add

337

are

shown.

--.

On

page page

line

23

after

application

--

number_08/525868

--.

On

12

line

23

please change

perameters

to

--parameters

VON_870584

Case 2:05-cv-02433-JWL

Document 297-5

Filed 08/18/2007

Page 3 of 10

Sprint

Docket

1090

On page 16
08/568551 on December
08/23
entitled

line

please add

at the

beginning Apparatus

of the paragraph
for

plication

number
filed

Method
and

System

and

Telecommunications
continuation

Control

1995

currently

pending

and which

is

of Application

number
this

8605

filed

on

May

1994 and

now abandoned

is

incorporated

by reference

into

application.

On page 27 linei4please
Please add Figure

change Figure

Bto --A--.
4.

3B

before

VON_870585

Case 2:05-cv-02433-JWL

Document 297-5

Filed 08/18/2007

Page 4 of 10

Sprint Dockct

1090

In

the

Claims
Please amend
In

the claims

as follows.
-_-_.

claim

26

line

19 before

second

signaling processor

please change

the

to

--a--.

.\

Please add

new

claims

63-66.

-A
system

method of operating
wherein

telecommunications

system

to provide

call with

virtual

connection

user places the call by sending

signaling

for the

call

to

the

telecommunications

system

and by

transmitting

user information

to the

telecommunications

over

particular

connection and

for the

call wherein

the

system comprises

an

ATM
multiplexer

interworking
the

multiplexer

signaling processor

linked to the

ATM

interworking

method comprising
receiving the signaling for the call into
is

the

signaling processor

wherein

the signaling

processor

external

to

any

witch
to select the virtual

processing connection

the

signaling for the call in the signaling processor

generating

new

signaling connection

in the

signaling processor

to

identify

the

particular

connection

and

the selected

virtual

transmitting

the

new

signaling to the
for the

ATM
call

interworking
the

multiplexer connection
into the

receiving the user information

from

particular

ATM

interworking

multiplexer the user information connection

converting
the selected

from
in the

the

particular

connection

into

ATM
in

cells

that

identify

virtual

ATM

interworking

multiplexer

response

to

the

new

signaling

and

transmitting
virtual

the

ATM

cells

from the

ATM

interworking

multiplexer

over the selected

connection.

--

VO N_B 70 586

Case 2:05-cv-02433-JWL

Document 297-5

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---64

method of operating
wherein

telecommunications

system to provide
for the

call with

virtual

connection

user places the call by sending system and by transmitting connection
for the

signaling

call to

the

telecommunications

user information

to the

telecommunications

system over interworking
the

particular

call wherein

the

system

comprises

an

ATM
multiplexer

multiplexer

and

signaling

processor

linked to the

ATM

interworking

method comprising
receiving the signaling for the call into the signaling
the

processor
to select

processing connection

signaling for the call in the signaling processor

the virtual

generating

new

signaling in the signaling processor connection

to

identify

the

particular

connection

and

the

selected

virtual

transmitting

the

new

signaling

to

the

ATM
call

interworking

multiplexer connection
into the

receiving the user information interworking multiplexer
the user information

for the

from the

particular

ATM

converting
the selected

from the particular
in the

connection

into

ATM

cells

that

identify

virtual

connection

ATM
is

interworking

multiplexer
until

in response

to

the

new
and

signaling wherein

the

virtual

connection

not used

for other calls

the

call is released

transmitting
virtual

th

A

TM

cells

from the

ATM

interworking

multiplexer

over the selected

connection.

--

VON_870587

Case 2:05-cv-02433-JWL

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1090

41
--

JS

telecommunications

system to provide
to

call received

over

particular

connection

with

virtual

connection

in response

signaling

for the call

the system

comprising
is

signaling

processor

that

is

not coupled

to

switch

matrix and that
for the

operable

to

receive

and process
transmit

the signaling

for the call

to select

the

virtual

connection

call and to generate
virtual

new

signaling

that

identifies

the

particular

connection

and

the selected

connection an

ATM

interworking convert

multiplexer
the

operable

to

receive user information

from
the

the

particular

connection

user information

into

ATM
to

cells

that

identify

selected

virtual

connection

in response

to

the

new

signaling
virtual

and

transmit the and

ATM

cells

from the

ATM

interworking
link

multiplexer between
the

over the selected

connection

signaling processor

and

the

ATM
to

interworking

multiplexer

operable

to

transfer

the

new

signaling

from

the.

signaling

processor

the

ATM

interworking

multiplexer.

--

Sc
VON
870588

Case 2:05-cv-02433-JWL

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Page 7 of 10

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Docket

1090

--

66.

An

ATM

interworking

multiplexer

for providing

calls

ith

virtual

connections

in

response

to

signaling for each an access

of the calls the multiplexer
to recei

compf ing
formation
for each call

interface

operable

user

from

particular

connection

for that

call
si

control

interface

operable connection

to rec

aling

for each

call that

identifies

the

particular

connection

and

virtual

fo

at

an

ATM
to

adaption

processo
tion

coup from

to

the access

interface

and

the

control

interface

and

operable
that

convert

user info co

the particular

connection

for each

call into

ATM

cells

identify

the

virtual

ction

for that

call wherein

the

conversion

occurs

in

response
the

to

the

signaling for that released

call

an

herein

the

virtual

circuit

is

not used

for other

calls

until

call is

and

an

ATM

inte

ace

coupled

to

the

ATM

adaption

processor
call. --

and

operable

to transmit

the

ATM

cells

for eac

call over

the virtual

connection

for that

VON....870589

Case 2:05-cv-02433-JWL

Document 297-5

Filed 08/18/2007

Page 8 of 10

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Docket

1090

Remarks
This Russel

Response includes
Setter

the

substance

of the interviews 1997

related

to this application

between
1-62

Blum and Michael
and claims

on February

25-26

at the

U.S. Patent Office.

Claims

are

pending

63-66

have been

added by

this response.

Claims 1-49 and

55-62

stand

rejected

and claims

50-54

have been

allowed.

Applicant

requests allowance
related

of claims

1-66.

The Declaration
applications.

was defective
has deleted

for omitting

statement

to continuation-in-part

Applicant Since
the

the

continuation-in-part

cross-reference

in the

present

application.

application
defective.

is

not

continuation-in-part

application

the

original

Declaration

is

no

longer
are

The drawings
omitting submitted
descriptive

objected

to

for not

showing

features

of claims

42-44

and

47

and

for

terms

for elements

534 536 538 and 540 on
paper
to

Figure

5.

Applicant Figure has been

has

drawing
to

correction

as

separate

address these objections.

3B

has

been

added

show
to the

the features

in claims

42-44

and and

47
the

and

the

specification

amended

to

correspond

new

Figure

3B.

Figure and

3B

corresponding
19-26. In

amendment

are

clearly

supported

by claims 42-44
to Figure
5.

claim

47

page

lines

addition

descriptive

terms

have

been added

Specifically
the

elements

534 536 538
for

and

540

are

now

labeled

CCM.

CCM

is

specified

on Figure

as

acronym

Call/Connection Manager.
be withdrawn.

Applicant

submits

that

the

objection to the drawings
is

should

The amended
should be
to

specification

objected

to

for various

informalities.

The
the

specification

has been

correct

these informalities.

Applicant

submits

that

objection to the specification

withdrawn.

Claims 26-34
has been

stand rejected

under

section

112

for improper

antecedent claims

basis.

Claim 26

amended
112.

to correct

the

problem.

Applicant

submits

that

26-34

are patentable

under

section

Various type double

claims

of the present
with

application

stand provisionally of application

rejected

for obviousness-.

patenting

respect to various

claims

numbers 08/525050
with 37

and

08/568551.

Applicant

has timely filed Terminal these rejections.

Disclaimers

in compliance

C.F.R.

1.132b and

to

overcome

VON_87059

Case 2:05-cv-02433-JWL

Document 297-5

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Page 9 of 10

Sprint Docket

1090

Claims 3T49 stand 15-25 36 36 and 55-62

rejected

under

section

102e
103

over Hiller

5345445.
in

Claims 1-10

stand rejected

under

section

over Hiller
these

view of Isono and

common

knowledge Claim

in the

art.

Applicant

respectfully

traverses

rejections.

decribes

method where
and generate

signaling processor

receives

and processes signaling
selected virtual

to

select

virtual

connection

new

signaling that

identifies

the

connection. information

The
into

new

signaling
cells that

is

transmitted to an

ATM

multiplexer

that

converts

user

ATM

identify

the selected

virtual

connection.

In the invention

the

ATM

multiplexer
the

uses the virtual connection

identified

in the

signaling in order to interwork
select

call with.

proper

virtual

connection.

For example

the

signaling processor should use on

may

and

identify

the

particular

VPIIVCI

that

the

ATM

multiplexer
in the

given
cells

call.

As

result

the

ATM
In.

multiplexer contrast
the

would place

this

VPIIVCI

headers

of the

ATM

for that

call.

ATM
into

multiplexer buffer that

in Hiller

uses an

internal

switching

matrix to physically
virtual

load user information

has been pre-assigned matrix in the

to

particular

connection.

class

switch does

controls

the

switching
that

ATM

multiplexer.

In

Hiller the Instead

ATM
the

multiplexer

not use signaling matrix control

identifies

selected

virtual

connection.

ATM

multiplexer

uses

instructions

to load

the

call into

the appropriate

buffer.

This

buffer has been

pre-assigned
lines

to

the

selected

virtual

connection.

See

Hiller

column

16

lines

48-

50

column The

16

65-66

column

22

lines

2-10.
delineated
in claim

difference

discussed

above

is

clearly

and

provides

distinct

advantages. buffer that
is

The multiplexer
pre-assigned
to

of claim

does

not use matrix control

to

physically can

load calls interwork

into

virtual

connection.

The
in

multiplexer

of claim

call

in

buffer

with different

virtual

connections

response need

to signaling.

Thus

call

in

any

buffer

can

reach

multiple invention

destinations.

Reducing

the

for matrix control

reduces

complexity.

As

result

the

is

novel

and non-obvious

in light

of Hiller.

Claims

1-15 and

17-66

all

require

the limitation

that

the

ATM
selected

multiplexer
virtual

use signaling

that

identifies

the

virtual

connection

to

interwork

call into

the

connection. and

Claim 16 claims

reciprocal

process where

the

non-ATM

connection

is

selected

identified

\IOH_870591

Case 2:05-cv-02433-JWL

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Page 10 of 10

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Docket

1090

by

the

signaling pocessor. the selected

The

ATM

multiplexer

interworks the call arriving

over the

ATM

connection

to

non-ATM
add

connection.

New
Claim 63
the

claims

63-66

additional

distinctions

that

are fully supported

by

the

specification.

recites

that

the signaling processor
is

is

external

to

any
In

switch and claim 65
Hiller the
recite that

recites

that

signaling processor switch or

not coupled

to

any

switch Claims

matrix.

mux

is

controlled by connection

class

cross-connect not used

controller.

64 and

66

the virtual

used used

on
that

call

is

for another

call until

the call is released.

In Hiller composite
the

cells

are

combine

multiple

calls

in the

same

virtual

connection

at

same

time.

This requires

additional

logic

to separate

the

calls.

The invention allows

the

simple

use of the virtual

connection

to

separate

calls.

Applicants
art of record.

submit

that

claims

1-66 are patentable

under

sections

102

and

103

over the

prior

Respectfully

submitted

Date

By
Michael Reg. No.
Setter Patent

Attorney

37936
624-5194 624-6388

913 Fax 913
Tel

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