Ex Parte 7512095 et al

Patent Trial and Appeal Board

Aug 24, 2017

90013498 (P.T.A.B. Aug. 24, 2017)

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.
90/013,498 04/29/2015 7512095 P257056.US.01 6156
20686 7590 08/24/2017
DORSEY & WHITNEY, LLP - Denver
INTELLECTUAL PROPERTY DEPARTMENT
1400 Wewatta Street
Suite 400
DENVER, CO 80202-5549
EXAMINER
POKRZYWA, JOSEPH R
ART UNIT PAPER NUMBER
3992
MAIL DATE DELIVERY MODE
08/24/2017 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE PATENT TRIAL AND APPEALS BOARD
____________________

Ex parte SHIINE MICRO INC. and SOFTWARE RADIO TECHNOLOGY
PLC,
Appellants
____________________

Appeal 2017-007186
Reexamination Control No. 90/013,498
Patent 7,512,095 B2
Technology Center 3900
____________________

Before JOHN A. JEFFERY, MARC S. HOFF, and DENISE M. POTHIER,
Administrative Patent Judges.

POTHIER, Administrative Patent Judge.

DECISION ON APPEAL
I. STATEMENT OF CASE
This proceeding arose out of a third party request (“Request”) by Lawrence
D. Graham (“Requester”), for ex parte reexamination of U.S. Patent No. 7,512,095
(“the ’095 patent”) to Mark M. Johnson and Andreas Lesch, entitled Multiple
Access Communication System for Moveable Objects, issued March 31, 2009. The
real parties of interest are Shine Micro, Inc. and Software Radio Technology PLC
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(“Appellants”). App. Br. 1.1
The ’095 patent concerns transmitting “geographical position data of one or
more moving or stationary objects, to one or more other moving or stationary
objects on the same communication frequency without interfering with any other
users[.]” The ’095 patent 1:7–11. Examples of such objects are boats or ships
(e.g., 20–25). Id. at 2:48–54, Fig. 1. “The present invention is a non-complex data
communication system that listens on a given RF frequency and transmits [its] own
position data only when there are no other user transmissions.” Id. at 1:22–25.
Appellants appeal from the decision in the Final Rejection rejecting claims
1–15 and 24–26 of the ’095 patent. See App. Br. 3. Claims 16–23 have been
canceled. Final Act. 1 (Box 2); App. Br. iii (Claims App’x).
With the exception of the rejection of claim 26 under 35 U.S.C. § 305, the
Examiner’s Answer maintains the rejections presented in the Final Action. Ans.
2–3.
Appellants indicate that the ’095 patent is not subject to appeal or
interference “[t]o the best of Appellant’s knowledge.” App. Br. 2.
We have jurisdiction under 35 U.S.C. §§ 134(b) and 306. An oral hearing
was held July 26, 2017. The transcript has been made of record.
We AFFIRM.

1 Throughout this opinion, we refer to (1) the Final Action (Final Act.) mailed May
4, 2016, (2) the Corrected Appeal Brief (App. Br.) filed November 3, 2016, (3) the
Examiner’s Answer (Ans.) mailed December 22, 2016, and (4) the Reply Brief
(Reply Br.) filed February 22, 2017.
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Independent claims 1 and 2 read as follows:
1. A communication system comprising several moving participants (20,
21, 22, 23, 24, 25) that are each equipped with a communication device
(10) for exchanging information having a transmitter, transmissions from
said transmitter, and receiver (1, 2) characterized by a method, for
detecting free transmission periods (8) which control the transmissions of
the transmitter (1);
means for detecting transmission periods by a transmission detector
(8), its input (15) being connected to a first output (16) of the receiver (2)
and its output (14) being connected with a first input (13) of the
transmitter (1);
the transmission detector (8) scanning, within a predictable window of
time, for the appearance of transmissions initiated by other participants
with the receiver (2) and releases the transmitter (1) for communicating
navigational data if such transmissions do not appear.

2. A communication system on the same RF frequency with several
moving participants (20, 21, 22, 23, 24, 25) that are each equipped with a
communication device (10) for exchanging information having a
transmitter, transmissions from said transmitter, and receiver (1, 2)
characterized by a method, for detecting free transmission periods (8)
which control the transmissions of the transmitter (1);
a second input (11) of the transmitter (1), having a time basis (5) for
generating a transmission frame characterized in that methods for
synchronizing the time basis (5) of each moving participant (20, 21, 22,
23, 24 and 25) only depends on a minimum of one relevant participant
within the receiving range; and
the time basis (5) having a steering input (43) which drives the
transmission frame within a moveable time period and that the means for
synchronizing the time basis (5) are provided by a synchronization unit
(6) which has an output(40) connected to the steering input (43) of the
time basis (5) and a second input (18) of the receiver (2) connected to the
input (19) of the synchronization unit (6), so that a transmission signal is
in direct timing relation to the transmission of one or more other
participants.

App. Br. i (Claims App’x).
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A. Prior Art Relied Upon
The Examiner relies on the following as evidence of unpatentability:
Fraughton US 5,153,836 Oct. 6, 1992
Lans US 5,506,587 Apr. 9, 1996
Fulthrop US 5,737,330 Apr. 7, 1998

ITU (International Telecommunications Union) Radiocommunication Assembly,
Recommendation ITU-R M.1371-1* – Technical Characteristics for a Universal
Shipborne Automatic Identification System Using Time Division Multiple Access in
the VHF Maritime Mobile Band 1–98 (1998-2001) (“ITU-R M.1371-1”).

B. The Rejections
The Examiner maintains the following rejections:
Reference(s) Basis Claims Answer
Fraughton
§ 102(b) 1, 15, and 26
Final Act.
4–12; Ans. 2
Fulthrop § 102(b) 1, 15, and 24–26
Final Act.
12–20;
Ans. 2
Lans § 102(b) 2–5
Final Act.
20–22;
Ans. 2
ITU-R M.1371-1 § 102(b) 6–14
Final Act.
22–25;
Ans. 2

II. ISSUES ON APPEAL
We review the appealed rejections for error based upon the issues identified
by Owner in its appeal brief, and in light of the arguments and evidence produced
thereon. Cf. Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential)
(citing In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992)). “Any arguments or
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authorities not included in the briefs permitted under this section or [37 C.F.R.]
§§ 41.68 and 41.71 will be refused consideration by the Board, unless good cause is
shown.” 37 C.F.R. § 41.67(c)(1)(vii).
Based on the arguments presented, Appellants raise the following issues.
Did the Examiner err in determining that:
(A) Fraughton or (B) Fulthrop discloses
1. “means for detecting transmission periods by a transmission detector”
as recited in claims 1, 15, and 26?
2. “the transmission detector . . . scanning within a predictable window
of time, for the appearance of transmissions initiated by other participants” as
recited in claim 1 and similarly recited in claims 15 and 26?
3. “other participants using a higher order protocol” as recited in claim
15?
4. “the transmission periods are a plurality of slots of a time division
multiple access transmission method” as recited in claim 24?
5. “the predictable windows are periods of time within each slot of the
plurality of slots” as recited in claim 25?
(C) Lans discloses “a time basis . . . for generating transmission frame
characterized in that methods for synchronizing the time basis . . . of each moving
participant . . . only depends on a minimum of one relevant participant within the
receiving range” as recited in claim 2?
(D) ITU-R M.1371-1 discloses “the own transmission timing correction is a
function of weighting different predetermined groups and numbers of participants
in those groups” as recited in claim 6?
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III. ANALYSIS
Claim Construction
Prior to discussing the § 102 rejections, we address some of the disputed
terms in claims 1, 15, and 24. For purposes of discussion, we select independent
claim 1 as representative. We address limitations concerning only claim 15
separately.
“[M]eans for detecting transmission periods by a transmission detector”
recited in claims 1, 15, and 26

Appellants state that the “means for detecting” recitation in claim 1 has not
been interpreted as including means-plus-function limitations under 35 U.S.C.
§ 112(f) or sixth paragraph (pre-AIA). App. Br. 8. Appellants state “to the extent
this recitation contains a means plus function recitation . . . an example of the
structure, material, or acts described in the specification includes the transmission
detector.” Id. (citing the ’095 patent 3:16–18). The Examiner makes no
statements regarding whether or not the above-quoted recitation invokes 35 U.S.C.
§ 112(f) or sixth paragraph (pre-AIA), but discusses transmission detector 28 along
with other citations in the ’095 patent in connection with the recited “means.”
Ans. 4–5.
When a claim uses “means for” language— as is in the instant patent— there
is a presumption that the claim invokes 35 U.S.C. § 112, sixth paragraph. See
Biomedino LLC v. Waters Techs. Corp., 490 F.3d 946, 950 (Fed. Cir. 2007).
“‘This presumption can be rebutted when the claim, in addition to the functional
language, recites structure sufficient to perform the claimed function in its
entirety.’” Id. (quoting Altiris, Inc. v. Symnantec Corp., 318 F.3d 1363, 1375 (Fed.
Cir. 2003)). Although claim 1 further recites “a transmission detector” and how
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the detector is connected to the receiver and transmitter (App. Br. i (Claims
App’x)), we determine for the following reasons that the additional recitation to the
transmission detector itself does not recite sufficient structure to perform the
function of detecting transmission periods or to rebut the presumption that 35
U.S.C. § 112(f) or sixth paragraph (pre-AIA) has been invoked.
Turning to Figure 3 of the ’095 patent, transmission detector 28 is shown as
a box. The ’095 patent, Fig. 3. No details of what are inside the detector are
provided in the drawings. See id., Figs. 1–3. The description in the ’095 patent
provides little assistance. The Specification states receiver 2 is connected to
positioning unit 4 and transmission detector 28 but does not further discuss
detector 28. Id. at 3:16–18, Fig. 3, cited in App. Br. 8. The disclosure also states
that a device (e.g., 10) includes “a unit for detecting free transmission time,” which
is similarly recited in claim 1, but does not discuss the unit detects transmission
periods or how detection happens. The ’095 patent 2:63–65 (emphasis added).
Nor does the record provide adequate evidence of what exactly one skilled in the
art would have understood is the structure of such a transmission detector for
detecting transmission periods.
On the other hand, the Specification of the ’095 patent states “[i]f there is
energy in the detection period recognized, the channel is occupied.” The ’095
patent 1:44–45, quoted in Ans. 5. As such, the disclosure describes a technique of
sensing “energy” in order to detect the transmission period. Yet, as stated above,
the record does not describe sufficiently the transmission detector’s structure that
performs the recited function of “detecting transmission periods.” We therefore
presume that the recited “means for detecting transmission periods” invokes 35
U.S.C. § 112(f) or sixth paragraph (pre-AIA).
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Means-plus-function limitations are construed to cover the corresponding
structure, material, or acts described in the specification and its equivalents. In re
Donaldson Co., 16 F.3d 1189, 1195 (Fed. Cir. 1994) (en banc). For computer-
implemented, means-plus-function limitations reciting a function that cannot be
performed by a general purpose computer without special programming, the
disclosed structure must include the algorithm for performing the claimed function.
Noah Sys., Inc. v. Intuit Inc., 675 F.3d 1302, 1312 (Fed. Cir. 2012) (citing
Aristocrat Techs. Austl. Pty Ltd v. Int’l Game Tech., 521 F.3d 1328, 1333 (Fed.
Cir. 2008)). Based on the above disclosure in the ’095 patent and as explained
further below, we determine the structure, material, or acts and its equivalents
corresponding to the recited “means for detecting transmission periods” in the
disclosure include hardware (e.g., circuitry) or a specially-programmed algorithm
that detects a time or interval when transmissions occur.
Appellants contend that the term “transmission periods” recited within this
means-plus-function recitation should be construed to mean “‘time lengths or time
segments for the transmission of data.’” App. Br. 17 (underlining omitted). To
support this contention, Appellants point to various passages in the ’095 patent. Id.
at 18–19 (citing the ’095 patent 3:40–45, 50–51, 62–66, 4:2–3). The Examiner
concurs with Appellants’ understanding of a transmission period (Ans. 3), but adds
that this period is “a ‘predefined time period (a so called Detection Period)’. [sic]”
Ans. 5. The Examiner also states the examples of using an allotted time slot or a
frame as transmission periods in the ’095 patent will not be imported into the
recitation “transmission period” in the ’095 patent (id. at 3–4 (citing the ’095
patent 3:50–51, 4:2–3)). The Examiner cites to other passages in the ’095 patent
regarding the discussed “detection period” to support the conclusion that the
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“transmission period” is a predefined time period. Ans. 4–5 (citing the ’095 patent
1:36–50, 3:9–48) (emphasis omitted).
We and Appellants agree with the Examiner that recited “transmission
periods” in claim 1 should not be construed to import particular examples from the
’095 patent. Reply Br. 1. Thus, although the passages in the ’095 patent discussed
by both the Examiner and Appellants related to “transmission periods” may inform
our construction of the recited term, we decline to import such embodiments into
claim 1, which fails to recite a specific transmission period (e.g., slots or frames).
Ans. 3–4. We further agree with the Examiner and adopt the Examiner’s finding
related to claim 1 containing a broad recitation to “transmission periods,” unlike
claim 24, which further specifies the transmission periods. Ans. 4.
However, we disagree with the Examiner that the recited “transmission
periods” are predefined. Ans. 5. That is, the discussed “Detection Period” in the
’095 patent (the ’095 patent 1:26), which is a predefined time period, is the period
that the invention listens for traffic— not the period the traffic is transmitted. The
’095 patent 1:25–26, 41, 44–45. We also disagree with Appellants that the recited
“transmission periods” require “determin[ing] a particular point in time at which a
transmission occurs (e.g., begins and/or ends).” App. Br. 24. As broadly as recited
and although a transmission period has a beginning and an end, the limitation
“detecting transmission periods” in light of the disclosure does not require any
specific point (e.g., beginning or end of the transmission) that the transmission is
detected. Rather, a transmission period, and thus “transmission periods” in claim 1
are therefore times or intervals, but not particular or predefined times or intervals
when traffic is transmitting.
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Accordingly, the recited “means for detecting transmission periods” is
construed to include hardware (e.g., circuitry) or an algorithm that detects energy
of transmitted traffic for a time or interval.
“[P]redictable window of time” in claims 1, 15, and 26
Appellants argue that the recitation “predictable window of time” recited in
claim 1 should be construed as “a window of time whose occurrence can be
predicted.” App. Br. 19 (underlining omitted). Appellants further state the phrase
“predictable window of time” and “transmission periods” are distinct terms and
have different meanings. Id. Appellants provide a definition of the plain and
ordinary meaning of “predict” to include “to declare or indicate in advance; esp.:
foretell on the basis of observation, experience, or scientific reason.” Id. (citing
MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY 918 (10th ed., Merriam-Webster
1997)). Appellants provide examples of predictable windows in the ’095 patent to
include (1) slots having a fixed period, (2) using time division multiple access
(TDMA) transmission techniques, (3) claims 3, 8, and 13 (id. at 20), and (4) the
“predefined period of time (a so called Detection Period)” (id. (citing the ’095
patent 1:23–31, 3:32–33, 40–43, 51–54)).
The Examiner agrees with the definition provided by Appellants, indicating
the examples in the disclosure are not imported into the claim. Ans. 5; see also
Reply Br. 1. We agree the examples in the disclosure should not be imported into
claim 1. As such, even though the ’095 patent discusses the invention “listens for a
predefined time period (a so called Detection Period)” (the ’095 patent 1:25–26,
quoted in Ans. 4), a predictable window of time, which is known in advance or
beforehand, is not limited to a predefined period of time having a specific
numerical value. For example, scanning within a predictable window of time
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includes scanning within a time window after a specific event (e.g., after receiving
a message), which is known to occur in advance but has no predefined numerical
value. We further note that claim 1 recites “within a predictable window of time”
(App. Br. i (Claims App’x) (emphasis added)), which merely requires that “the
transmission detector scan[s]” within this time window but does not require
scanning for the entire “predictable window of time.”
Accordingly, the “predictable window of time” includes a time period or a
time window known beforehand or in advance, such as time window that occurs
based on an event.
“[A] higher order protocol” in claim 15
Regarding claim 15, Appellants argue that the recitation “transmission
protocol” is “‘a set of rules governing the format of transmitted messages.’” App.
Br. 21 (underlining omitted). Appellants argue that this “protocol, in the sense of
radio frequency transmissions, is commonly understood to include more than
simply the transmission frequency.” Id. (citing the ’095 patent 1:53, 3:62–4:28,
4:25, 7:7–16). Appellants assert that the recitation “higher order protocol implies
that there are at least two kinds of protocols: a higher order and a lower order
protocol” and “[t]he orders of the protocol generally refer[s] to the complexity.”
App. Br. 26.
As the Examiner indicates, the phrase “a higher order protocol”— not a
transmission protocol— is recited in claim 15. Ans. 6. Even so, the recitation “the
transmission detector scanning . . . for the appearance of transmissions initiated by
other participants using a higher order protocol with the receiver” implies that
some participants transmit data using a higher order protocol than other
participants. App. Br. iii (Claims App’x). The ’095 patent also supports this
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position. See the ’095 patent 1:16 (“different data transmission protocol”), 1:50
(“other communication protocols”), 2:7–8 (“any other communication protocol”),
2:30–32 (“to transmit navigation information to other users on the same frequency
. . . including the use of other protocols on the same channel”), 3:3–5 (“two
different protocols including Groups I and II that can co-exist with the present
invention and still allow the transmission of any type of data among all users”),
4:1–2 (“other transmissions belonging to a different protocol”), 4:9–10 (“the other
protocol communication systems”), and Abstract (“other protocols transmitting).
As such, the recitation of “higher order protocol” as broadly as recited includes a
protocol or rule set used in transmitting information.
The Examiner further states the examples in the disclosure of the protocols
used should not be imported into claim 15. Ans. 6. We agree. The discussion of
using RATDMA (random access TDMA) ALOHA or other protocols that use
allotted slots are just examples in the ’095 patent and are not particularly recited in
claim 15. The ’095 patent 1:53, 3:51–54, 4:24–28. The Examiner discusses
column 3 of the ’095 patent, which uses the phrases “higher order protocol” and
“higher protocol activity” (the ’095 patent 3:40, 52) in the context of detecting and
determining whether to transmit packets. Ans. 6 (citing the ’095 patent 3:36–54).
But, these discussions will not be imported into the claims.
On the other hand, the Examiner states in light of the disclosure the phrase
“higher order protocol” is viewed as “a protocol that has more functionality (such
as a protocol that uses ‘slot numbers, frames, or slot management’).” Ans. 7. This
is similar to Appellants’ position which describes a higher order protocol as
introducing more complexity. See App. Br. 26. We agree the phrase, “higher
order protocol,” implies more functionality or complexity relative to some other
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protocol. On that note, the ’095 patent discusses a system that is assigned a radio
frequency that can include “other protocol transmissions.” The ’095 patent 3:37–
38. The ’095 patent further discusses users (e.g., Groups I and II) having different
transmission protocols can use the same communication on the same frequency in
this invention. The ’095 patent 1:12–16, 3:1–8, Fig. 2. Figure 2 is further
described as a “diagram of moveable objects including different classes of priority
and weighting.” The ’095 patent 2:42–43, Fig. 2.
Accordingly, the recitation of “other participants using a higher order
protocol” includes participants using a protocol (e.g., a set of rules) for
transmission that has more priority, weighting, functionality, or complexity than
other participants.
A. Anticipation Rejection Based on Fraughton
Claims 1, 15, and 24 are rejected under 35 U.S.C. § 102(b) as being
anticipated by Fraughton. Final Act. 4–12; Ans. 2.
1. “[M]eans for detecting transmission period”
Appellants contend that Fraughton does not disclose the recited “‘means for
detecting transmission periods’” and the recited transmission detector “‘scanning,
within a predictable window of time, for the appearance of transmissions.’” App.
Br. 22. Appellants contend “Fraughton cannot, and do not, detect a transmission
period,” because “as recited in claim 1, the system should be able to determine a
particular point in time at which a transmission period occurs (e.g., begins and/or
ends).” App. Br. 24. In Appellants’ view, “Fraughton merely detect[s] the
presence (or lack thereof) of traffic on a channel. . . . There is no disclosure of
detecting any type of structured time lengths or segments in the open channel of
Fraughton.” Id. (citing Fraughton 4:66–5:3). Appellants contend the Examiner is
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disregarding the term “period” from the recitation “transmission period,” which
according to Appellants, specifies some restriction on transmission. App. Br. 24.
The same or similar arguments are presented for independent claims 15 and 26.
App. Br. 26–27.
The Examiner states the recited “means” is disclosed in Fraughton. Final
Act. 4 (citing Fraughton 10:21–32, 18:59–19:59, Figs. 1A (steps 14–16), 3–5. The
Examiner explains that Fraughton waits a random or fixed period of time based on
the registration number, random generator, or some other means before
transmitting. Ans. 9 (citing Fraughton 10:21–32, 13:20–46, 14:7–23, 17:60–68).
The Examiner also cites to steps 14 through 16 in Figure 1A and column 10, lines
21 through 32 to teach the recited “means for detecting transmission periods by a
transmission detector.” Final Act. 4 (citing Fraughton 10:21–32, Fig. 1A); see also
Ans. 9 (citing Fraughton 10:21–32).
As discussed above, the recitation “means for detecting transmission
periods” is construed to include structure, material, or acts and its equivalents,
including hardware, circuitry, or an algorithm, that detect a time or interval when
traffic is transmitting. This includes detecting energy (e.g., signal strength) of
transmitted traffic for a time or interval. See the ’095 patent 1:44–45.
Fraughton teaches listening for conflicting signals and waiting a random
period of time “after the detection” at steps 14 and 15 respectively. Fraughton
9:68–10:3, 10:21–26, Fig. 1A; see also Ans. 10 (discussing “scan[ning] for the
appearance of transmissions to make sure that no conflicting signal is present”
when addressing the “means” limitation). In particular, Fraughton further
discusses checking the Carrier Active Sense (CAS) “to see if the frequency is clear
or not.” Id. at 19:13–14, Figs. 4–5 (step 280). Checking for conflicting signals or
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seeing if the frequency is clear using Fraughton’s CAS requires some structure to
detect or act (e.g., an algorithm or intelligence) of detecting the energy/signals
within the transmitted radio frequency (e.g., detecting traffic). See id. at 9:68–
10:3, 19:10–14.
Additionally, this conflict determination in Fraughton would necessarily
involve detecting a transmission’s energy over a given time period (e.g., two
milliseconds or seconds). As such, Fraughton discloses structure and/or acts that
detect energy of transmitted traffic for a time or interval (e.g., transmission
periods). See id. And this determination of signals is a distinct act or step from
listening or “scanning . . . for the appearance of transmissions,” which is separately
recited in claim 1.
We thus disagree with Appellants that Fraughton does not teach the recited
“means for detecting transmission periods by a transmission detector” as claimed
in independent claims 1, 15, and 26.
2. “[T]he transmission dectector [] scanning, within a predictable window
of time, for the appearance of transmissions”

Appellants also argue that Fraughton fails to teach “the transmission detector
. . . scanning, within a predictable window of time, for the appearance of
transmissions” as recited in claim 1 and as similarly recited in claims 15 and 26.
App. Br. 25, 27. Appellants assert, because Fraughton can transmit data at any
time, each transmitter listens for traffic at random and unpredictable instances,
which is opposite to what the recited “predictable window of time.” Id. at 25.
Appellants further contend that Fraughton only waits a predefined period of time
once the listening aircraft detects the transmission channel is occupied. Id. The
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Examiner cites to various passages in Fraughton to teach this disputed limitation.
Final Act. 5 (citing Fraughton 10:9–32, 17:6–19:59, Figs. 3, 4–2, 4–5, and 4–6).
As already discussed, Fraughton teaches listening for conflicting signals at
step 14 or checking to see if a frequency is clear using a CAS, separate from
actually detecting transmission periods. Fraughton 9:68–10:3, 10:21–32,
19:10–14, Fig. 1A; see also Ans. 12 (citing Fraughton 10:21–32 and step 14).
Fraughton does not disclose explicitly how long the listening process lasts. See id.
However, Fraughton teaches that the listening (e.g., scanning) occurs over some
time period that this time period is known in advance; otherwise, the listening
process would not know when to start or stop checking if the frequency is clear.
See id. This process in Fraughton thus demonstrates that Fraughton includes a
transmission detector having the ability to scan for transmissions over a predictable
amount of time.
Also, as previously indicated, claim 1 recites “scanning, within a predictable
window of time, for the appearance of transmissions.” App. Br. i (Claims App’x)
(emphasis added). As such, Fraughton need only scan for the appearance of
transmission at an interval during a predictable window (e.g., before the end of the
window) but does not require scanning for the entire “predictable window of time.”
Based on the above teachings in Fraughton, we determine scanning for
transmissions occurs, and thus scanning is achieved within some time window
known in advance as already discussed.
We therefore disagree with Appellants that Fraughton does not teach the
recited “transmission detector . . . scanning, within a predictable window of time,
for the appearance of transmissions” as recited in independent claim 1 and as
similarly recited in claims 15 and 26.
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Accordingly, we sustain the rejection of claims 1 and 26 based on
Fraughton.
3. “[A] higher order protocol”
Unlike claims 1 and 26, independent 15 additionally recites “transmission
detector scanning . . . for the appearance of transmissions initiated by other
participants using a higher order protocol.” App. Br. iii (Claims App’x).
Appellants contend that Fraughton does not “disclose two levels of transmissions
and thus cannot disclose listening for other participants ‘using a higher order
protocol’” as recited. App. Br. 26. Fraughton, according to Appellants, “all
transmissions use the same protocol” and “discloses a single transmission
protocol.” Id. (citing Fraughton 4:58–60, 4:66–5:5, 10:21–32). Appellants also
contend an understanding that “higher order protocol” means more functionality is
not supported by the term’s plain meaning or the record. Reply Br. 3.
As to this latter contention, we disagree. As noted above in the Claim
Construction section, there is no definition of the term “higher order protocol” in
the disclosure. See generally the ’095 patent. Moreover, the ’095 patent describes
various differing protocols, including different classes of priority and weighting.
Id. at 1:12–16, 2:42–43, 3:1–8. However, the ’095 patent does not limit the
different “protocols” to specific protocol types and does not further define what
makes a protocol of “a higher order.” See id. We thus determine, as explained
above, transmissions initiated by other participants using a protocol or set of rules
for transmission that has more priority, weighting, complexity, or functionality
than other participants is “a higher order protocol” as broadly recited. We further
note that this recitation “the transmission detector scanning . . . for the appearance
of transmissions initiated by other participants using a higher order protocol” in
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claim 15 is construed as a functional limitation—not an active method step—given
that claim 15 is an apparatus claim reciting the capability of the claimed
“transmission detector.”
Turning to Fraughton, the Examiner states that the recited “transmission
detector scanning . . . for the appearance of transmissions initiated by other
participants using a higher order protocol” is disclosed. Final Act. 8–9 (citing
Fraughton 4:51–65, 9:34–55, 12:43–50, 14:7–18); Ans. 14. Fraughton discloses
that all crafts are able to monitor the position of all other craft within a
predetermined range and to transmit its own position to aid in navigation.
Fraughton 4:44–50. Fraughton discusses using a LORAN (Long Range
Navigation) navigation system or GPS position for receiving or determining the
position of a craft and to transmit its own position to aid in navigation. Id. at 4:51–
57. Such systems, including the position-determining devices, are “on board” the
craft and include (1) an altimeter (e.g., provides a position fix in 1-D), (2) a
LORAN receiver (e.g., provides a position fix in 2-D), or (3) LORAN receiver in
combination with an altimeter or GPS (e.g., provides a position fix in 3-D). Id. at
4:51–53, 9:34–55.
As such, Fraughton teaches the navigation system, including those of other
participants, can use any of three techniques to obtain a craft’s position fix. Each
of these three techniques vary in complexity or functionality (e.g., has only an
altimeter, LORAN receiver, or LORAN receiver and GPS) and differing
functionalities are used (e.g., one being more complex or higher than the other).
See id. Moreover, 2-D or 3-D systems are preferred. Id. at 9:34–40. As such,
Fraughton teaches a participant may use a 1-D process (e.g., a first order) while
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another may use a 2-D process (e.g., a preferred, second order) to determine a
craft’s position. See id.
Granted, Fraughton does not discuss these components in the differing
systems are necessarily used for data transmissions. See id. That is, Fraughton
discusses using RS-232 communication protocol to communicate with other
devices. Id. at 12:43–50; see App. Br. 26. But, as previously explained, because
claim 15 is a “system” claim, the recited “transmission detector scanning . . . for
the appearance of transmissions initiated by other participants using a higher order
protocol with the receiver” in claim 15 is a functional limitation, requiring the
detector only to have the ability to scan for transmissions initiated by participants
using a higher order protocol. App. Br. iii (Claims App’x). Such a recited
transmission detector need only be capable of scanning transmissions initiated by
other participants using a higher order protocol.
We conclude that Fraughton’s transmission detector has such an ability to
scan for transmissions initiated by participants using a higher order protocol. That
is, there is insufficient evidence in the record demonstrating that Fraughton’s
technique that includes listening for conflicts or checking if a frequency is clear
using a CAS would not have the ability to scan higher order protocol
transmissions. See Fraughton 9:68–10:3, 10:21–32, 19:10–14, Fig. 1A. As such,
Appellants’ argument that Fraughton teaches a single transmission protocol is
unavailing. App. Br. 26.
Accordingly, we sustain the rejection of claim 15 based on Fraughton.
B. Anticipation Rejection Based on Fulthrop
Claims 1, 15, and 24–26 are rejected under 35 U.S.C. § 102(b) based on
Fulthrop. Final Act. 12–20; Ans. 2.
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1. “[M]eans for detecting transmission periods”
Appellants contend that Fulthrop does not disclose the recited “means for
detecting transmission periods by a transmission detector.” App. Br. 27–28.
Appellants present similar arguments to those discussed above with Fraughton,
namely Fulthrop’s system is not “able to determine a particular point in time at
which a transmission period occurs (e.g., begins and/or ends).” App. Br. 28, 35.
Appellants argue that Fulthrop “operates completely irrespective of any
transmission periods that are defined on the channel” and, by using fixed time slots
to transmit data in Fulthrop, “there is no need to detect transmission periods.” Id.
at 28.
As explained above, the recitation “means for detecting transmission
periods” includes structure, material, or acts and its equivalents, including
hardware, circuitry, or an algorithm, that detects transmissions for a time or an
interval. This includes detecting energy or a signal strength of transmitted traffic
for a time or an interval. See the ’095 patent 1:44–45. Fulthrop discloses such
structure, acts, or an algorithm for detecting transmission energy for a time or
interval.
Fulthrop teaches using a carrier sense circuit to detect the presence of carrier
frequency (e.g., detect energy or signal strength in a time or interval). Fulthrop
2:44–58, cited in Final Act. 13. Moreover, Fulthrop teaches receiving data frames
from a base station by searching for a pattern and frame type (e.g., detecting
energy). Fulthrop 11:25–51, Fig. 5B, cited in Ans. 17–18. This process involves
waiting a given number of milliseconds (e.g., a time or interval) to listen for valid
reception of data frames. Fulthrop 11:35–38. In particular, at step 136, Fulthrop
teaches a system determining whether a frame sequence is found (e.g., detecting
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energy) after searching for valid correlation patterns during this listening period at
step 134. Id. at 11:41–46, Fig. 5B. Fulthrop’s determination process involves
detecting the transmission’s energy at a time or over some time interval (e.g.,
transmission periods) and is separate from scanning for the transmissions (e.g.,
step 134) as claimed. See id. As such, Fulthrop discloses structure or acts for
detecting transmission energy at a time or interval.
We thus disagree with Appellants that Fulthrop does not teach the recited
“means for detecting transmission periods by a transmission detector” as claimed
in independent claims 1, 15, and 26.
2. “[T]he transmission detector . . . scanning, within a predictable window
of time, for the appearance of transmissions”

Appellants further argue that Fulthrop does not teach “the transmission
detector [] scanning, within a predictable window of time, for the appearance of
transmissions” as recited in claim 1 and as similarly recited in claims 15 and 26.
App. Br. 29. Appellants assert, because Fulthrop can transmit data at any time,
which is random and unpredictable, Fulthrop cannot scan for transmissions “within
a predictable window of time” as recited. Id. Appellants also contend Fulthrop’s
listening for a specified amount of time is still occurring at random, unpredictable
points in time “based on when the transmitter has data to transmit.” Id. We are not
persuaded.
As already discussed, Fulthrop listens a given number of milliseconds for
valid reception of data frames (e.g., scans for transmissions for a given amount of
time) using a carrier sense circuit over a time or interval. Fulthrop 2:44–58,
11:35–46, Fig. 5B (steps 132 and 134). Even assuming that Fulthrop’s listening
does not occur at regular intervals, scanning for transmissions in Fulthrop still
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happens within a given amount of time, which is predefined and predictable. See
id. Otherwise, the listening process would not know when to start and stop
listening. See id.
Also, as noted previously, claim 1 recites “scanning, within a predictable
window of time, for the appearance of transmissions.” App. Br. i (Claims App’x)
(emphasis added). Fulthrop requires scanning for the appearance of transmission
at a time or interval during a predictable window (e.g., a given number of
milliseconds), but does not require scanning for the entire “predictable window of
time.” Fulthrop’s process also sets up a timing loop to continue searching until the
time elapses, which is a time period known in advance. See Fulthrop 11:25–64,
Fig. 5B. We therefore disagree with Appellants that Fulthrop does not teach the
recited “transmission detector . . . scanning, within a predictable window of time,
for the appearance of transmissions” as recited in independent claims 1 and
similarly recited in claims 15 and 26.
Accordingly, we sustain the rejection of claims 1 and 26 based on
Fraughton.
3. Claim 15
Independent 15 additionally recites “the appearance of transmissions” is
“initiated by other participants using a higher order protocol.” App. Br. iii (Claims
App’x). Appellants contend that Fulthrop discloses using “two mutually exclusive
modes of operation: CSMA and TDMA” and that in either mode, a single, lower
order protocol is being used. App. Br. 34 (citing Fulthrop 6:51–54, 7:21–45, 8:46–
62). Appellants further argue that in either operation mode there is no scanning
within a predictable window of time. App. Br. 34. We are not persuaded.
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There is no requirement in claim 15 that all participants, including those
“using a higher order protocol,” communicate with each other at the same or a
given point in time as other participants using another, lower order protocol. See
also Ans. 13. As such, even though Fulthrop teaches switching between CSMA
(carrier sense multiple access) and TDMA modes (Fulthrop 6:51–54), this alone
does not demonstrate Fulthrop cannot anticipate the elements recited in claim 1.
Moreover, as previously stated, the “scanning” recitation as broadly as claimed is a
functional limitation and Fulthrop’s transmission detector need only have the
ability to scan for transmissions initiated by participants using a higher order
protocol.
Various passages in Fulthrop support a CSMA mode (e.g., a lower priority
mode) having the ability to scan for transmissions initiated by participants using a
higher order protocol (e.g., TDMA) for a specified amount of time. While in
CSMA mode, Fulthrop discloses transmitting TDMA channel requests, TDMA
service, poll frames, data frames, and frame types that are “not a poll frame.”
Fulthrop 7:62–66, 10:1–3, 10–18, 11:25–35, 13:62–67; see also Ans. 23. Given
Fulthrop’s ability to listen for various frames and the record fails to demonstrate
sufficiently that some of these frames cannot be “transmission[s] of high volume,
more frequent data” (Fulthrop 8:56–57), we determine Fulthrop’s transmission
detector has the ability to listen or scan for transmissions (e.g., frames of high
volume, more frequent data) initiated by participant using a higher order protocol
(e.g., TDMA). See id. at 7:62–66, 10:1–3, 10–18, 11:25–35, 13:62–67.
Additionally, Fulthrop discusses listening in CSMA mode for various data frames,
without regard to whether the frames are transmitted by a participant using a lower
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order (e.g., CSMA) or higher order (e.g., TDMA) protocol. See id. at 11:25–26,
35–48, 13:30–35, 62–66; see also Ans. 20.
We therefore conclude that Fulthrop’s transmission detector has the ability
to scan for transmissions initiated by participants using a higher order protocol.
Appellants have not presented persuasive evidence in the record to the contrary.
See App. Br. 33–34; Reply Br. 7–8.
Lastly, as discussed above, Fulthrop scans for the appearance of these
transmissions initiated by other participants within a predictable window of time.
We refer above for more details. Moreover, the fact that the base stations do not
scan before transmitting as argued (App. Br. 34) does not demonstrate Fulthrop
fails to teach a detector scanning for the transmissions as recited.
Accordingly, we sustain the rejection of claim 15 based on Fulthrop.
4. Claim 24
Claim 24 depends from claim 1 and further recited “the transmission periods
are a plurality of slots of a time division multiple access transmission method.”
App. Br. iii (Claims App’x). Appellants contend that the recited “means for
detecting transmission periods by a transmission detector” should be able to
determine the particular point in time a transmission period occurs and Fulthrop
operates irrespective of a transmission period. App. Br. 30. For the reasons stated
above, we are not persuaded.
Appellants also argue that in Fulthrop’s TDMA mode, when transmission
periods are fixed time slots, there is no listening and thus there is no detecting of
transmissions. App. Br. 30–31 (citing Fulthrop 7:21–25). Appellants further assert
that in Fulthrop’s CSMA mode there is no detection of transmission periods,
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including detecting TDMA time slots. App. Br. 30–31. Concerning whether
Fulthrop does not detect a transmission period, we disagree as previously stated.
Regarding whether Fulthrop teaches detecting transmission periods that are
TDMA time slots, the Examiner states claim 24 does not require expressly
“detecting a plurality of slots of a time division multiple access transmission
method.” Ans. 21. Although claim 24 does not recite “TDMA time slots,” claim 1
requires a “means for detecting transmission periods” and dependent claim 24
further limits “the transmission periods” to “a plurality of slots of a time division
multiple access transmission method.” App. Br. iii (Claims App’x). As such,
claim 24 requires a “means for detecting transmission periods” that “are a plurality
of slots of a time division multiple access transmission method.” Id.
However, as broadly as construed and as explained above, Fulthrop’s carrier
sense circuit detects transmission periods. Fulthrop 11:25–26, 35–48, 13:30–35,
62–66, Figs. 5B, 7A. Moreover, claim 24 does not require the system’s means for
detecting transmissions periods that are slots of a TDMA transmission method
must occur at the same time as the transmission detector is “scanning” as recited
functionally. App. Br. iii (Claims App’x).
We discussed above Fulthrop’s carrier sense circuit that detects the presence
of the carrier frequency in a CSMA mode. Fulthrop 2:44–51. Notably, this circuit
in Fulthrop detects transmission energy through listening. Id. at 11:25–26, 35–48,
13:30–35, 62–66, Figs. 5B, 7A. Granted, Fulthrop does not explicitly discuss
detecting slots using a TDMA transmission method during this listening process.
See id. However, as discussed above, Fulthrop’s carrier sense circuit has structure
and performs some process for detecting energy from a frame, including energy
from TDMA slots or time periods, when listening over a transmission period. See
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id. We thus determine Fulthrop’s carrier sense circuit is a transmission detector
that detects energy of transmitted frames, including “slots of a” TDMA
transmission method as recited, and thus has a “means for detecting transmission
periods,” including a slot transmission period as recited, by detecting energy. See
id.
On the record, Appellants have not provided persuasive evidence to the
contrary. App. Br. 29–32; Reply Br. 5–6. Thus, regardless of whether or not when
Fulthrop is in TDMA mode, each remote unit has a specific time slot and there is
no need to detect transmission periods (App. Br. 30; Reply Br. 6), Fulthrop
discloses a “means for detecting transmission periods” that includes periods of
“slots of a time division multiple access transmission method” as broadly as
recited.
For the above reasons, the Examiner did not err in rejecting claim 24 based
on Fulthrop.
5. Claim 25
Claim 25 depends from claim 24 and further recites “the predictable
windows2 are periods of time within each slot of the plurality of slots.” App. Br. iii
(Claims App’x). The recited “predictable window[]” as recited relates to “the
transmission detector [] scanning, within a predictable window of time, for the
appearance of transmission.” Id. at i (Claims App’x). As noted above, claim 1 (or
claim 25 for that matter) is not a method claim, but rather a system claim directed
to a transmission detector having the ability to scan within the recited predictable
window of time. For claim 25, that window of time is within each slot of a

2 Claim 1, from which claim 25 depends indirectly, recites “a predictable window
of time.”
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plurality of slots. See id. at iii (Claims App’x). As such, Fulthrop does not have to
disclose scanning within the slotted, predictable window of time; rather, the
transmission detector just has to have the ability to scan as recited.
Appellants argue that, similar to claim 1, merely listening for traffic flow in
an open channel does not teach the limitations of claims 1 and 25. App. Br. 32–33.
We disagree and refer above for details. As discussed above, when addressing
claim 1, there is nothing in Fulthrop that prevents its listening technique from
occurring within a predictable window of time— not for a period of time as argued
(App. Br. 33)—that is within each slot of a plurality of slots (e.g., 2 slots) as
recited. As explained above, Fulthrop teaches listening for energy within a
predictable window of time and thus scans for transmissions within a predictable
window of time as recited. See Fulthrop 2:44–58, 11:35–46, 13:30–32, Fig. 5B.
Given this ability to scan for transmissions, Fulthrop has the ability to scan for a
slot transmission within each transmitted slot. See id. Even if Fulthrop operates in
TDMA mode at different times than CSMA mode where listening occurs (App. Br.
33), Appellants have not provided adequate evidence that Fulthrop’s circuit lacks
the ability to scan as recited.
Accordingly, the Examiner did not err in rejecting claim 25 based on
Fulthrop.
We next turn to the remaining claims that differ in scope from independent
claims 1, 15, and 26.
C. Anticipation Rejection Based on Lans
Claims 2–5 are rejected under 35 U.S.C. § 102(b) based on Lans. Final Act.
20–22; Ans. 2. Independent claim 2 recites inputs into (1) the transmitter of a
communication device and (2) the time basis. App. Br. i (Claims App’x).
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Appellants argue Lans does not teach the recited “synchronizing the time
basis of each moving participant . . . only depends on a minimum of one relevant
participant within the receiving range.” App. Br. 35 (citing Lans 5:19–21).
Specifically, Appellants contend that the above limitation “requires only other
moving object(s) to synchronize a transmission signal, as opposed to complex,
external synchronization systems” and that “the claim requires the system to be
capable of synchronizing based on only the participant(s), rather than external
synchronization systems” (e.g., GPS and UTC (Coordinated Universal Time)) for
accurate timing. App. Br. 36.
The Examiner states that “claim 2 does not expressly require that ‘only other
moving objects [] synchronize a transmission signal.’” Ans. 37. We agree with
the Examiner that the recited and dependent “‘one relevant participant’” is not
necessarily the same as the recited “moving participant.” See id. That is, claim 2’s
“system” containing “a second input . . . having a time basis . . . for generating a
transmission frame characterized in that methods for synchronizing the time basis .
. . of each moving participant” does not recite the method depends on these moving
participants but rather “one relevant participant within the receiving range,” which
may or may not be a moving participant. App. Br. i (Claims App’x); see also App.
Br. 38.
Additionally, we emphasize claim 2 recites the synchronizing only depends
on a minimum of one “relevant participant within the receiving range.” App. Br. i
(Claims App’x) (emphasis added). As the Examiner explains, “the current claim
language is not clear if a ‘minimum of one relevant participant . . .’ is actually one
of the claimed ‘several moving participants’, [] the claimed ‘one or more other
participants[,]’” (Ans. 40) or possibly even some other participant. Also, the term
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“relevant” is not described in the disclosure to have a specific meaning. See
generally the ’095 patent. In fact, Appellants cites to column 3, lines 57–60 of the
’095 patent for support (App. Br. 9), which describes synchronizing targets using
“the average of the closest of targets” “[i]f there are more than one other protocol
targets.” The ’095 patent 3:57–58, 60 (emphasis added). This portion of the
disclosure describes using more than one participant or identifies more than one
target without identifying which is the “one relevant participant.”
The ordinary meaning of “relevant” includes “having significant and
demonstrable bearing on the matter at hand.”3 Given that what type of participant
at a minimum is relevant is not precisely explained in the disclosure, the recitation
“relevant participant” introduces a relative term as to which participants are
significant in synchronizing the time basis. Thus, the broadest reasonable
construction of the phrase “synchronizing the time basis . . . only depends on a
minimum of one relevant participant within the receiving range,” in light of the
disclosure, includes the ability to synchronize the time basis with a dependence on
only one (or more) relevant participant(s) within the receiving range. We thus
agree with the Examiner when stating “[t]he fact that Lans can use multiple ground
stations or multiple moving objects to ensure accurate transmissions is not
precluded by the current claim language” (Ans. 39), given some of these stations
and objects may not be considered significant or “relevant” as recited.
Turning to Lans, Appellants argue that Lans depends on an external
synchronization system, such as GPS or UTC, rather than only depending on one
relevant participant. App. Br. 35–36 (citing Lans 5:19–21). Appellants further

3 Merriam-Webster Online Dictionary, (def. 1a), available at
https://www.merriam-webster.com/dictionary/relevant
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contend that Lans requires at least two participants in emergency situations instead
of only one participant. App. Br. 36; Reply Br. 8 (citing Lans 10:33–39). Based
on the above claim construction, we are not persuaded.
Of note, Lans teaches a situation where the system operates when GPS fails,
and thus includes techniques where there is no external synchronization system
(e.g., GPS) as argued. See Lans 5:43–54, 10:26–39. To be sure, Lans teaches the
system may work, even if the GPS receiver lapses or fails, as long as “the plurality
of ground stations can keep a common time” (e.g., synchronize the time basis).
Lans 10:35–36; id. at 10:35–39. But, given the breadth of claim 2 as discussed
above, Lans teaches depending the time basis on only one relevant or significant
participant. See Lans 10:26–39. For example, in Lans, only one neighboring
ground station or a station using accurate clock calibrated from a satellite out of the
existing geostationary satellites may be considered relevant or significant. See id.
Thus, in these scenarios, any other station is not considered significant or relevant.
See id. We therefore disagree Lans is incapable of having “a time basis for
generating transmission frame characterized in that methods for synchronizing the
time basis . . . of each moving participant . . . only depends on a minimum of one
relevant participant within the receiving range” as recited.
For the above reasons, the Examiner did not err in determining Lans
discloses the disputed limitations in claim 2 and dependent claims 3–5 not argued
separately.
D. Anticipation Rejection Based on ITU-R M.1371-1
Claims 6–14 are rejected under 35 U.S.C. § 102(b) based on ITU-R M.1371-
1. Final Act. 22–25; Ans. 2. Independent claim 6 recites “a synchronization unit”
that includes a “means for weighting . . . with defined factors for correcting the
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synchronization error; and the own transmission timing correction is a function of
weighting different predetermined groups and numbers of participants in those
groups.” App. Br. ii (Claims App’x). Appellants argue ITU-R M.1371-1 fails to
disclose “the own transmission timing correction is a function of weighting
different predetermined groups and numbers of participants in those groups” in
claim 6. App. Br. 36.
Appellants contend that the above recitation requires weighting of both the
different predetermined groups and the number of participants in those groups.
App. Br. 37. The Examiner asserts that the phrase can be reasonably construed to
weight only the predetermined groups, and that timing correction is a function of
the number of participants in the group but is not weighted. Ans. 41.
The ’095 patent discusses “different classes of priority and weighting” when
referring to Figure 2, which shows groups “I” and “II.” The ’095 patent 2:42–43,
2:66–3:2, Fig. 2. These groups are described as having different protocols. Id. at
3:2–4. The ’095 patent also discusses when there is more than one other protocol
targets, the system may choose targets used to synchronize based on the average of
the closest targets and using distance correction. Id. at 3:55–61, cited in App. Br.
37. However, these are just an example, and the recited “timing correction” that is
“a function of weighting” in light of the disclosure does not have to involve
weighting “numbers of participants in those groups.”
Additionally, Appellants assert the recited “numbers of participants in those
groups” have to be moving participants. App. Br. 38. The Examiner disagrees that
these features are claimed. Ans. 46. We agree the recitation of “numbers of
participants in those groups” does not necessarily refer back to the “moving”
participants previously recited in claim 6. Also, the limitation of “different
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predetermined groups” does not define the “participants in those groups” as recited
to be moving participants. The Specification further does not exclude the
invention applying to stationary objects, stating that the invention is applicable to
“one or more other moving or stationary objects.” The ’095 patent 1:8–10. Thus,
the broadest, reasonable construction of “numbers of participants in those groups”
includes moving and stationary participants.
Appellants argue ITU-R M.1371-1 communicates using only MMSI
(maritime mobile service identity) identifying number and thus synchronization is
based only a single “group” as defined the ’095 patent. App. Br. 37–38 (citing
ITU-R M.1371-1, p. 1). For this reason, Appellants argue ITU-R M.1371-1 does
not disclose the timing correction is a function of groups and number of
participants. App. Br. 37.
We disagree that the word “group” in claim 6 has been defined in the ’095
patent’s disclosure. See generally the ’095 patent. Also, there is nothing in the
claim that requires the predetermined group to use a different protocol as argued
(see App. Br. 37). App. Br. ii (Claims App’x). Additionally, as explained above,
we disagree that the timing correction as claimed must be a function of the
numbers of participants. Nor does claim 6 require the “different predetermined
groups” or “numbers of participants in those groups” as recited are moving
participants as asserted. App. Br. 38.
Turning to the rejection, ITU-R M.1371-1 synchronizes the mobile stations
to the base station based on the station with the lowest MMSI. ITU-R M.1371-1,
p. 10 (§§ 3.1.1.3 and 3.1.1.4). That is, ITU-R M.1371-1 assesses multiple stations
(e.g., participants) but weights the one with the lowest MMSI. See id. This
involves factoring participants (e.g., stations) when correcting the synchronization.
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See id.; Ans. 43. For example, ITU-R M.1371-1 discloses different predetermined
groups are used or considered during synchronization. See id. Those
predetermined groups include (1) a participant group able to receive transmissions
from base stations and synchronizing based on the base station with the highest
number of received stations, and (2) a participant group unable to receive
transmissions from base stations and synchronizing based on the base station with
the highest number of other stations received in the last nine frames. See id.; see
also Ans. 42–45. Additionally, with either group, the station with the lowest
MMSI (e.g., “numbers of participants in those groups”) is also considered and
weighted. See ITU-R M.1371-1, p. 10. As such, synchronizing and correcting for
timing in ITU-R M.1371-1 is a function of weighting different predetermined
groups and numbers of participants as broadly recited.
For the above reasons, the Examiner did not err in rejecting claim 6 of
dependent claims 7–12 not separately argued.

IV. CONCLUSIONS
On the record before us, we affirm the rejections presented by the Examiner.

Requests for extensions of time in this ex parte reexamination proceeding
are governed by 37 C.F.R. § 1.550(c). See 37 C.F.R. § 41.50(f).

AFFIRMED

Appeal 2017-007186
Reexamination Control 90/013,498
Patent 7,512,095 B2

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DORSEY & WHITNEY, LLP – DENVER
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