Ex Parte Lam et al

Patent Trial and Appeal Board

Aug 5, 2016

13007577 (P.T.A.B. Aug. 5, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/007,577 01114/2011
45965 7590
TIPS GROUP
960 San Antonio Road
Suite 200
Palo Alto, CA 94303-4921
08/09/2016
FIRST NAMED INVENTOR
Barry Lam
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
QNT1P003.US02 6988
EXAMINER
JAIN, RAJK
ART UNIT PAPER NUMBER
2411
NOTIFICATION DATE DELIVERY MODE
08/09/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
phickman@tipsgroup.com
gvouraki@tipsgroup.com
tj ellison @tips group. com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte BARRY LAM and CHIA-YUAN CHANG
Appeal2015-000868
Application 13/007,577
Technology Center 2400
Before CAROLYN D. THOMAS, JEFFREYS. SMITH, and
TERRENCE W. MCMILLIN, Administrative Patent Judges.
THOMAS, Administrative Patent Judge.
DECISION ON APPEAL
Appellants seek our review under 35 U.S.C. § 134(a) of the Examiner
finally rejecting claims 1-17, all the claims pending in the application. We
have jurisdiction over the appeal under 35 U.S.C. § 6(b ).
We REVERSE.
Appeal2015-000868
Application 13/007,577
The present invention relates to "methods and apparatus for providing
multi-user access to devices and the Internet" (Spec. i-f 2).
Claim 1 is illustrative:
1. A local area network router that allows communications
between a number of remotely located users and a plurality of
peripheral devices connected to the local area network router
compnsmg:
a central processing apparatus comprising memory;
a plurality of peripheral devices coupled to said
processing apparatus, each of said plurality of peripheral devices
provided with an IP address, wherein said memory stores said IP
address for each of said plurality of peripheral devices to enable direct
communication of users with said plurality of peripheral devices; and
an Internet interface coupled to said central processing
apparatus to provide Internet connectivity to each of said plurality of
peripheral devices whose IP address is stored in said memory, routing
at least one data packet to at least one of said plurality of peripheral
devices assigned said IP address;
wherein users directly access the local area network
router using wireless devices or the Internet; and
wherein said central processing apparatus routes any data
packet directed to an IP address not stored in said memory to the
Internet.
Appellants appeal the following rejection:
RI. Claims 1-17 stand rejected under 35 U.S.C. §102(e) as being
anticipated by Chen et al. (US 2001/0030950 Al; Oct. 18, 2001).
ANALYSIS
We have reviewed Appellants' arguments in the Brief, the Examiner's
rejection, and the Examiner's response to Appellants' arguments. We
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Appeal2015-000868
Application 13/007,577
concur with Appellants' conclusion that the Examiner erred in finding that
Chen describes the claimed local area network router comprising a central
processing apparatus comprising memory "wherein said central processing
apparatus routes any data packet directed to an IP address not stored in said
memory to the Internet" (see claim 1 ).
Here, the Examiner relies on Chen to describe the above noted feature
(see Final Act. 3). The Examiner finds Chen's CPU 16 coupled to Internet
24 describes "data packets are routed to internet as appropriate" (Final Act.
3). We disagree with this interpretation.
As identified by Appellants, the claimed invention requires the routing
of "any data packet directed to an IP address not stored in said memory to
the Internet" (see App. Br. 8, 10), while Chen "fails to disclose" any such
routing (id.).
Specifically, Chen describes the "wireless, integrated, phone-based
home gateway system 78 can be used to provide long range to-home
wireless networking as well as long range in-home wireless networking with
wireless protocols" (Chen i-f 77), and "provides gateway functionality,
broadband communications, short-range and/or long-range wireless
communications, as well as normal voice telephony to the home
environment" (Chen i-f 79). Chen also describes "initializing network
address such as IP and other types of network addresses, and initializing data
network configuration parameters" (Chen i-f 127). In other words, Chen
describes the gateway providing for gateway functions, connectivity,
communications, and utilizing IP addresses.
However, the Examiner has not shown where Chen describes what
happens when the IP address for a data packet is not stored in memory, as
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Appeal2015-000868
Application 13/007,577
required by claim 1. The Examiner, as noted by Appellants, fails to provide
a response regarding Appellants' argument about how Chen teaches routing
a data packet when its IP address it not stored in memory (see Reply Br. 5;
see also Ans. 4---6).
Thus, we are constrained by the record before us to disagree with the
Examiner's finding that Chen's provision for gateway functionality,
connectivity, and communication, utilizing IP addresses, describes the
claimed "rout[ ing] any data packet directed to an IP address not stored in
said memory to the Internet," as recited in independent claim 1 with
commensurate limitations in each of the remaining independent claims. The
Examiner also has not found any other reference of record teach these
features. Because we agree with at least one of the arguments advanced by
Appellants, we need not reach the merits of Appellants' other arguments.
Accordingly, we will not sustain the Examiner's anticipation rejection
of claims 1-17.
DECISION
The decision of the Examiner to reject claims 1-17 is reversed.
REVERSED
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