Ixi Mobile (R&D) Ltd. et al v. Samsung Electronics Co., Ltd. et al

Northern District of California, cand-4:2015-cv-03752

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fase 4: 15 - CV - 03752 - HSG Document 172 - 3 File UNITED STATES PATENT AND TRADEMARK OFFICE 03 / 21 / 19 Page 1 of 19 AND TRA ONTENT AND ADEMARR STATES P UNTINO KOFFICE WCP 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 DEPAR V OR CON MMERCE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 90 / 014, 119 04 / 03 / 2018 7295532 39521 - 0018RX1 4776 09 / 25 / 2018 EXAMINER EXAMINER WEAVER, SCOTT LOUIS 27730 7590 DILWORTH PAXSON LLP 1500 Market Street Suite 3500 E PHILADELPHIA, PA 19102 ART UNIT PAPER NUMBER 3992 MAIL DATE DELIVERY MODE 09 / 25 / 2018 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) FANO 9 UNITED STATES PATENT AND TRADEMARK OFFICE ADEMA ES LATRU het. DEMA TWIRD $ ARK OFFICE Commissioner for Patents United States Patent and Trademark Office P. O. Box 1450 Alexandria, VA 22313 - 1450 www. uspto. gov DO NOT USE IN PALM PRINTER (THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS) EILLELLI FISH & RICHARDSON PC (DC) PO BOX 1022 MINNEAPOLIS, MN 55440 - 1022 EX PARTE REEXAMINATION COMMUNICATION TRANSMITTAL FORM REEXAMINATION CONTROL NO. 90 / 014, 119. PATENT UNDER REEXAMINATION 7295532 ART UNIT 3992 Enclosed is a copy of the latest communication from the United States Patent and Trademark Office in the above identified ex parte reexamination proceeding (37 CFR 1. 550 (f)) . Where this copy is supplied after the reply by requester, 37 CFR 1. 535, or the time for filing a reply has passed, no submission on behalf of the ex parte reexamination requester will be acknowledged or considered (37 CFR 1. 550 (g)) . PTOL - 465 (Rev. 07 - 04) 9 Patent Under Reexamination 90 / 014, 119 7295532 Office Action in Ex Parte Reexamination Examiner Art Unit AIA Status SCOTT L WEAVER 3992 No a. - - The MAILING DATE of this communication appears on the cover sheet with the correspondence address - - Responsive to the communication (s) filed on O 0 A doo A declaration (s) / affidavit (s) under 37 CFR 1. 130 (b) was / were filed on b. This action is made FINAL. c. A statement under 37 CFR 1. 530 has not been received from the patent owner. A shortened statutory period for response to this action is set to expire 2 month (s) from the mailing date of this letter. Failure to respond within the period for response will result in termination of the proceeding and issuance of an ex parte reexamination certificate in accordance with this action. 37 CFR 1. 550 (d) . EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1. 550 (c) . If the period for response specified above is less than thirty (30) days, a response within the statutory minimum of thirty (30) days will be considered timely. Part | THE FOLLOWING ATTACHMENT (S) ARE PART OF THIS ACTION: - 1 O Notice of References Cited by Examiner, PTO - 892. Interview Summary, PTO - 474. 3. O 4. O. 2 Information Disclosure Statement, PTO / SB / 08. . w Part II SUMMARY OF ACTION 1a. ♡ Claims 2 - 3, 6 and 10 - 11 are subject to reexamination. 1b. O Claims are not subject to reexamination. 2. O Claims have been canceled in the present reexamination proceeding. 3. Claims _ are patentable and / or confirmed. 4. Claims 2 - 3, 6 and 10 - 11 are rejected. O Claims are objected to. 6. U The drawings, filed on are acceptable. 7. O The proposed drawing correction, filed on _ _ has been (7a) approved (7b) disapproved. 8. O Acknowledgment is made of the priority claim under 35U.S. C. 119 (a) - (d) or (f) . a) All b) Some * C) None of the certified copies have 10 been received. 20 not been received. O been filed in Application No. 40 been filed in reexamination Control No. 50 been received by the International Bureau in PCT application No. * See the attached detailed Office action for a list of the certified copies not received. 9. O Since the proceeding appears to be in condition for issuance of an ex parte reexamination certificate except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 C. D. 11, 453 O. G. 213. O 10. Other: cc: Requester (if third party requester)U.S. Patent and Trademark Office PTOL - 466 (Rev. 08 - 13) Office Action in Ex Parte Reexamination Part of Paper No. 20180831 9 Page 2 Application / Control Number: 90 / 0 14, 119 Art Unit: 3992 I. Acknowledgments On April 3, 2018, third - party requester ("Requester") filed a request ("Request") for ex parte reexamination of claims 2, 3, 6, 10, 11 ofU.S. Patent # 7, 295, 532 ("532 patent") which issued on November 13, 2007 to Haller et al. fromU.S. application # 09 / 932, 180 ("180 application") filed on August 17, 2001, A Substantial New Question of Patentability (SNQ) affecting claims 2, 3, 6, 10, and 11 ofU.S. Patent # 7, 295, 532 (' 532 Patent) was raised by the Request for Reexamination filed April 3, 2018. This non - final office action follows the order granting the request for ex parte reexamination. II. Related Proceedings The ' 532 Patent under reexamination was subject of Inter Partes Reviews IPR2015 - 01442 and IPR 2015 01443 before the Patent Trial and Appeal Board ("PTAB") . IPR2015 - 01442: Filed on June 19, 2015, On December 30, 2015, the PTAB denied institution of IPR2015 - 01442. IPR2015 - 01443: Filed on June 19, 2015, On December 30, 2015, the PTAB granted institution of claims 1, 4, 5, 7 - 9, 12, 14 - 16 and 23 - 24, but denied institution on claim 10. On December 21, 2016, the PTAB issued a Final Written Decision in IPR2015 - 01443 finding claims 1, 4, 5, 7 - 9, 12, 14 - 16, and 23 - 24 to be unpatentable. The Final Written Decision in IPR 2015 - 1443 found claims 1, 4, 5, 8, 12, 14, and 23 obvious over the combination of Marchand, Router Plugins, and Hoffman. Id. at p. 25. IXI did not appeal the adverse judgment set forth in the PTAB's final written decision. A Certificate Issued Feb. 27, 2018 in the ' 532 Patent AS A RESULT OF THE 2015 - 01443 INTER PARTES REVIEW PROCEEDING, IT WAS DETERMINED THAT: Claims 1, 4, 5, 7 - 9, 12, 14 - 16 and 23 - 24 are cancelled. The instant Request for ex parte reexamination over claims 2, 3, 6, 10, and 11 of the ' 532 Patent, is directed to claims which were not considered before the Board in the 2015 - 01443 Inter Partes Review. The ' 532 Patent is currently under litigation, see: IXI Mobile (R & D) Ltd ., et al v. Samsung Electronics Co ., Ltd. et al, Closed: 1: 14cv4355 Open: 3: 15cv3752 9 Application / Control Number: 90 / 0 14, 119 Page 12 Art Unit: 3992 Marchand teaches cellular network connected to Internet, (Marchand p. 15) recites the external network as a wireless Internet Protocol (IP) network as shown on figure 3 3G wireless IP network. Hoffman downloads software plugins, as described above, from the Internet using cellular over - the - air programming. (Hoffman 3: 15 - 17, 9: 42 - 48, 10: 61 - 65, 13: 5 - 8); and thus Marchand and Hoffman each are connected to the Internet. 6. The hand - held de vice of claim 1, where in the wireless local area networks include a BluetoothTM wireless local area network. Marchand's wireless local area network is a Bluetooth wireless local area network (e. g ., Bluetooth Piconet) . (Marchand Abstract; 1: 26 - 31; 2: 11 - 12; 3: 26 - 27; 6: 1 - 8; 11: 7 - 8) 11. The hand - held device of claim 1, wherein the first network service software component is a pairing management software component to determine whether a first wireless de vice, which is connected to the wireless local area network, is responsive to a signal from the one or more devices connected to the one or more cellular networks. Marchand teaches gateway connects to devices on the Piconet (local network) using Bluetooth pairing, thus the gateway software represents " a pairing management software component to determine whether a first wireless device, which is connected to the wireless local area network, is responsive to a signal from the one or more devices connected to the one or more cellular networks ' because Marchand teaches the gateway software gathers " terminal class and terminal configuration (i. e ., bearer capability and application capability) " for devices connected to the " Piconet. " (Marchand 12: 22 - 3: 11) . " [ E ] ach time the user of the Piconet registers an IP device with the Piconet, " the mobile phone gateway 33 receives the " bearer capability and the application capability of the IP device " and passes this information to " a Home Subscriber Server (HSS) " over the " 3G wireless IP networks. " (Marchand 12: 30 - 13: 5) . " When a party calls the mobile phone which is registered in the Bluetooth Piconet, the HSS returns. . . an indication of the terminal classes and terminal configurations of the devices on the Piconet " enabling the caller to " pick the device ahead of time that makes sense for the intended application. " (Marchand 13: 7 - 11) . The software provides terminal class and configuration information to the HSS, and thus the Marchand gateway software manages information on the devices that are connected to the Piconet and determines responsiveness of the devices to signals from the devices on the cellular network. B. Claim 10 is rejected under pre - AIA 35U.S. C. 103 (a) as being unpatentable over Marchand in view of Router Plugins further in view of Hoffman as applied to claim 1 above, and further in view of Pham. 9 Page 13 Application / Control Number: 90 / 0 14, 119 Art Unit: 3992 Marchand / Plugins / Hoffman does not explicitly recite the local routing software component as recited in claim 10: 10. The hand - held de vice of claim 1, wherein the router software component includes a local routing software component to route an IP packet between a first wireless device in the wireless local area network and a second wireless device in the wireless local area network. Pham describes " wireless networks 20 and 22 " in figure 1 that use the " Bluetooth wireless communications protocol " and that route data using " Internet Protocol (' IP ') addressing. " (Pham 1: 36 - 65; 3: 25 - 48; 4: 25 - 30) . Each of the wireless networks 20 and 22 includes a network access node Al and A2. Pham 3: 59 - 65. Pham's " network access nodes Al and A2 serve as conduits to [ an ] external network 12 for the first and second wireless networks 20 and 22, respectively. " Pham 3: 65 - 67. With this structure, each of Pham's network access nodes Al and A2 routes data between devices within the wireless network and also serves as a gateway that routes data to the external network 12. Pham 3: 59 - 4: 55. Pham teaches situation where when device DI moves out of wireless network 20 and into wireless network 22, Pham's network access node Al routes packets through nodes in wireless network 22 to reach device DI. Pham 4: 56 - 5: 11. The wireless nodes use " various software routines 122 stored in memory 126. " Pham 5: 42 - 6: 10, the software routines include " a forwarding routine 138 for forwarding messages to the wired LAN via the LAN adapter card 112, or to another wireless node via one of the wireless transceivers 106, 110 and associated wireless adapter card 104, 108. " Pham at 6: 11 - 16. Pham uses " forwarding routine 138 for forwarding messages to the wired LAN via the LAN adapter card 112, or to another wireless node via one of the wireless transceivers 106, 110, " (Pham 6: 11 - 16), forwarding routine 138 serves as a local routing software component to route an IP packet between a first wireless device in the wireless local area network and a second wireless device in the wireless local area network. It would have been obvious to one of ordinary skillin the art at the time the invention was made to further modify Marchand as modified in view of Router Plugins and Hoffman, to allow for devices in the Bluetooth network 30 to route IP packets within Bluetooth network 30, to other, nearby Bluetooth networks, and / or to an external network as taught by Pham. One of ordinary skill would have incorporated the teachings of Pham in the ad - hoc Bluetooth piconet of the Marchand / Router / Hoffman combination because doing so 9 Application / Control Number: 90 / 014, 119 Page 14 Art Unit: 3992 WIL amounts to combining prior art elements according to known methods to yield predictable results. See KSR v. Teleflex, 550U.S. 398, 417 (2007); MPEP $ 2143 I (A) . One of ordinary skill would have understood that Pham's teaching of Bluetooth wireless networks that employ IP addressing would have applied to general Bluetooth IP networks, and in particular to the Bluetooth IP network 30 of Marchand modified in view of Router Plugins and Hoffman. One of ordinary skill would have understood that using a routing software component such as taught by forwarding routine 138 to route packets within a wireless network would have been directly applicable to the example of a laptop computer 31 sending a file to a printer 32 in the Bluetooth piconet - based ad - hoc network 30, (Pham 1: 60 - 67); Therefore, in order to provide for the communication between devices on the Bluetooth ad - hoc network 30 as described by Marchand, one of ordinary skill would have been motivated to use the implementation details (e. g ., software components) described by Pham to perform such routing, as Pham's forwarding routine 138, is one of a finite number of options for routing IP packets within a wireless network that would have been obvious to try. C. Claim 10 is rejected under pre - AIA 35U.S. C. 103 (a) as being unpatentable over Marchand in view of Router Plugins further in view of Hoffman as applied to claim 1 above, and further in view of van Valkenburg. Marchand / Plugins / Hoffman does not explicitly recite the local routing software component as recited in claim 10: 10. The hand - held device of claim 1, wherein the router software component includes a local routing software component to route an IP packet between a first wireless de vice in the wireless local area network and a second wireless device in the wireless local area network. van Valkenburg teaches " rout [ ing ] packets of data between a data source node and a data destination node in an ad hoc, wireless network, such as a Bluetooth scatternet. " (van Valkenburg Abstract) . van Valkenburg teaches " to communicate packet data between a data source node and a data destination node within a piconet, within the Bluetooth scatternet, or between a node of the scatternet and a node of a fixed network, e. g ., the Internet, to which a Bluetooth device is coupled. " 2: 6 - 26. It would have been obvious to one of ordinary skill in the art at the time the invention was made to further modify Marchand as modified in view of Router Plugins and Hoffman to enable local routing as taught by van Valkenburg, in the ad - hoc 9 Page 15 Application / Control Number: 90 / 0 14, 119 Art Unit: 3992 Bluetooth piconet of the Marchand / Router / Hoffman combination because doing so amounts to combining prior art elements according to known methods to yield predictable results. See KSR v. Teleflex, 550U.S. 398, 417 (2007); MPEP $ 2143 I (A) . One of ordinary skill in the art would have understood that the teaching of the van Valkenburg Bluetooth wireless networks that employ IP addressing would have applied to general Bluetooth IP networks, and in particular to the Bluetooth IP network of Marchand modified in view of Router Plugins and Hoffman. One of ordinary skill would have understood that the teaching in van Valkenburg of using a routing software component (e. g ., agent with routing tables) to route packets within a wireless network would have been directly applicable to the example of a laptop computer 31 sending a file to a printer 32 in the Bluetooth piconet - based ad - hoc network 30 of Marchand. (van Valkenburg 2: 29 - 3: 53, 4: 32 - 5: 40, 7: 4 - 49, 9: 32 - 10: 57; Marchand 1: 60 - 65; 10: 1 - 7) . D. Claims 2, 3, 6, 10, and 11 are rejected under pre - AIA 35U.S. C. 103 (a) as being unpatentable over Snelling in view of Router Plugins and further in view of Tjalldin. ve 1, the limitations of patented Claims 2, 3, 6, 10, and 11 contain all limitations of patent claim claim 1 are taught by the references as follows: 1. A hand - held de vice for enabling communication between one or more devices connected to one or more cellular networks and one or more devices connected to a wireless local area network, comprising: Snelling describes a wireless gateway via " network control unit " (NCU) for example per figure 3A below. The NCU connects devices on a local network with external " telecommunications networks, " such as the Internet; Abstract. Devices on the local network are coupled to wireless access units (WAUS), which " communicate via RF link " with the NCU. 9 Application / Control Number: 90 / 014, 119 Page 16 Art Unit: 3992 sover premen 1783 pasovezano Popolnoma - 737 / 450 - - - - V. SVVYYY - - - - - - - - - - - 111 FLASH SKAN OCESSOR SRAMA AAAAAAAAA THERS FEBRER ENTERRUPT EXTERNAL BUS O, 769 LLLLLLLLLLLLL LLETI LUIFFET T nnnnnnnnnnrrrrr MIT KEYBOARD UARY - T44. 41 TELEPHONY COMPONENTS - - LE * * * 22 999 - - - RAEXO TRANSCEIVER SunTVAL UULLUT VUUUUU Ut 777777777777 / FI / JEFF / / / / 77777777::: - - - - Priemen RADIO ENSINE rrrrrrrrrrrrrrrrrrrrrrrrr SLOT MACHUNE SWTC WENORK INTERFACE XTERFACE 20x1067446661 Te LUVULLUVYVLULUULUVULLLLL - - - RULL LLLLLLLLL TVVYS WiiNini L2LLV42124LLULLLLLL RRRRRRRRRRRRITEETTTTTTTTTTTTTTTTTTTTTTTTTT O FIG. 3A Snelling teaches NCU 100 is able to provide connectivity between devices on a wireless local area network with " outside telecommunications networks via air interfaces such as cellular. " (Snelling Abstract) . Snelling describes an NCU 100 that can be " adapted for mobility " with a " mobile power supply " to create a " transportable mobile communications system. " (Snelling at 8: 20 - 28, 54: 30 - 31, 55: 9 Ommi 13) . Snelling does not identify NCU 100 as a hand - held device. Tjalldin describes " a portable gateway " that can be held in the hand and that provides " a bridge between two wireless networks. " Abstract. The gateway provides a first interface to a short range wireless network (e. g ., " a Bluetooth network") and a second interface to a cellular network (e. g ., " a GSM / GPRS or a UMTS network") . Tjalldin 2: 23 - 27. The portable gateway taught by Tjalldin bridges different wireless networks to provide Internet access to devices that are only able to communicate using the short - range wireless network. Tjalldin 1: 25 - 62, 2: 40 - 47, 3: 12 - 20. As shown in FIG. 3 of Tjalldin, a portable gateway includes, " a first PC Card 4 provides an interface towards a first wireless network, for example a Bluetooth network, " and a " second PC Card 5 provides an interface towards a second wireless network, for example a WLAN or a GSM / GPRS or a UMTS network. " Tjalldin 2: 23 - 27. Tjalldin's portable gateway also includes " a battery 6 and a control unit 7. " Tjalldin 2: 20 - 22. To bridge between the first wireless network and the second wireless network, Tjalldin's portable gateway uses " an embedded server. . . for 9 Application / Control Number: 90 / 0 14, 119 Page 17 Art Unit: 3992 distributing parameters relating to the different networks, such as network names, user name and pass word. . . and also other parameters regarding for example security. " Tjalldin 2: 48 - 53. Tjalldin teaches the " gate way has a small size and can be carried in a pocket. " Abstract, and " is designed as a thin essentially rectangular unit having the measures of only 142x78x28 mm. " Tjalldin 2: 14 - 19 and thus can be held in the hand. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the NCU of Snelling to fit similar physical characteristics of Tjalldin's portable hand held gateway while maintaining the routing functionality described by Snelling. Tjalldin's portable gateway already bridges a short - range wireless interface with a cellular interface using an embedded server, therefore one of ordinary skill would have found it routine to implement the server software of Snelling's NCU 100 in a device having the physical design of Tjalldin's portable gateway as doing so would provide the functions of the NCU in the hand - held form thereby improving the mobility of the NCU and enabling a user to carry such a hand held gateway in their pocket. (Tjalldin Abstract) . a) a first transceiver to communicate with the one or more devices connected to said one or more cellular networks by sending and receiving cellular signals, " Snelling teaches NCU 100 has an external network interface, such as network interface 650, that is able to use wireless media such as " TDMA digital cellular, CDMA digital cellular. " (Snelling 17: 25 - 32) . " the first transceiver having a cellular network address; " Snelling teaches each of the external and internal network interfaces of NCU 100 are " assigned an IP address. " (Snelling 54: 4); Snelling teaches network interface 650 " may be assigned a valid Internet address; thus reachable from the Internet. " (Snelling 54: 7 - 9); Snelling describes that " [ w Jhen a packet is returned from the Internet, its destination address, is the network control unit's external IP address. " (Snelling 54: 18 - 19) Since the network interface 650 in Snelling's NCU 100 can use TDMA or CDMA digital cellular to communicate with the external public network, the external IP address of the network interface 650 would be a cellular network address. (Snelling Abstract; 4: 12 - 21; 17: 25 - 32) . b) a second transceiver to communicate with the one or more devices connected to the wireless local area network by sending and receiving shortrange radio signals; 9 Application / Control Number: 90 / 014, 119 Page 18 Art Unit: 3992 Snelling teaches NCU 100 has an internal network interface, radio multiplex engine 670 and radio transceiver 680, that communicates with local WAUS 200 on a wireless local area network via radio frequency (RF) signals. (Snelling 17: 14 - 22, 30: 28 - 29) . Snelling describes that radio transceiver 680 " may be a low cost multiple xed Radio Transceiver or set of transceivers which provides proper modulation (e. g ., DBPSK) onto RF carriers " so as to " achieve transmission of multiple simultaneous independent data streams to WAUS 200 and handsets 300. " (Snelling 29: 13 - 20) . Snelling teaches " the RT unit 680 can communicate with other NCU s 100 that fall within radio range. " (Snelling at 29: 26 - 27; 12: 7 - 13: 26, 29: 30 - 32, 32: 21 - 37: 31) . c) a storage de vice to store Ome Snelling teaches NCU 100 " executes both 32 - bit and 16 - bit instructions from either external FLASH 715, SRAM 717, or internal SRAM 719 memories. " (Snelling 21: 30 - 32); In some examples, the " NCU's computer program code is preferably maintained in flash, reprogrammable memory. Firmware in remote units are preferably implemented in ROM memory, although not necessarily. " Snelling 47: 9 - 11. c. 1. a router software component to transfer a plurality of data packets between the one or more devices connected to the one or more cellular networks and the one or more de vices connected to the wireless local area network by the cellular signals and the short - range radio signals; and Snelling teaches NCU 100 has " proxy server software " that routes data between the private local network and the public external network. Snelling at 41: 9 - 10 Snelling teaches that the proxy server software on the NCU 100 routes packets by changing the address of packets between a private IP address of the local network and a public IP address of the Internet. Snelling 41: 11 - 15, 7: 21 - 22, 53: 26 - 30, 54: 16 - 21. NCU 100 accesses the " outside telecommunications networks via air interfaces such as cellular, " for example using TDMA or CDMA digital cellular, and also accesses the locally networked WAUS 200 via radio frequency (RF) signals. Snelling Abstract; 17: 25 - 32, 17: 14 - 22. c. 2. an interface software component to add a first network service software component that provides one or more network services to the wireless local area network, the first network service software component loaded into the storage de vice from the one or more devices connected to the one or more cellular networks and Snelling does not ' explicitly ' recite the interface software component of the software in the gateway adding a software component from the one or more devices connected to the cellular network. 9 Application / Control Number: 90 / 014, 119 Page 19 Art Unit: 3992 The software architecture of Router Plugins " allows code modules, called plugins, to be dynamically added and configured on the router. (Router Plugins Abstract) . The code modules, or plugins, are " loaded into the kernel of a router in a " simple yet flexible fashion, " and managed using a software component called the " Plugin Control Unit (PCU) . " . (Router Plugins at p. 231, col. 1, 12), the PCU is implemented using " 200 lines of C code " (Router Plugins at p. 234) . The PCU " is a component which glues the individual plugins to the networking subsystem, and which provides a control - path interface used by other kernel components. . . to talk to the plugin. " Id. The PCU enables the code modules, or plugins, to be dynamically loaded and unloaded into the networking subsystem of the router. Id. Plugins are " loaded into the kernel [ using the modload command ] . " Router Plugins at p. 232, col. 2, 11. " Once loaded into the kernel, plugins register their callback function through a function call to the PCU. " Router Plugins, at p. 234, col. 2, 17. As part of that, the [ callback ] function [ registered by the plugin ] is used [ by the PCU ] to send messages to the plugin. " Router Plugins, at p. 232, col. 1, 12 and col. 2, 11. The " router plugins are kernel software modules that are dynamically loaded into the kernel and are responsible for performing certain specific functions on specified network flows. " Router Plugins at p. 230, col. 1. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the NCU of Snelling to implement the routing and address translation functionality disclosed therein by utilizing the routing software technology described in Router Plugins. One of ordinary skill in the art would have been motivated to modify Snelling to include the Plugin Control Unit (PCU) in the NCU architecture in order to " glue [ s ] the individual plugins to the networking subsystem " as described in Router Plugins. (Router Plugins at p. 231, col. 1, 12) . One of ordinary skill would have understood that Snelling's routing software could be easily updated and upgraded by downloading software plugins disclosed in Router Plugins over the cellular connection to the outside telecommunications networks in Snelling. One of ordinary skill would realize the ability to " dynamically upgrade router software in an incremental fashion " and achieve " a high performance, modular, extended integrated services router software architecture " by enabling " code modules, called plugins, to be dynamically added and configured at run time, " as disclosed in Router Plugins, would improve the " modularity. . . extensibility. . . flexibility " and " performance " of the proxy server software of Snelling modified in view Tjalldin. (Router Plugins Abstract; p. 229, bottom of col. 1 to top of col. 2 .) one or more processors connected to the storage de vice to process the cellular signals and the short - range radio signals, Snelling teaches " NCU 100 includes an embedded processor 700, such as a 32 - bit RISC microprocessor " that " executes both 32 - bit and 16 - bit instructions from either external FLASH 715, SRAM 717, or internal SRAM 719 memories. " (Snelling 21: 29 - 32; 26: 4 - 6) . where in the cellular network includes a plurality of public IP addresses and the wireless local area network includes a plurality of private IP addresses, and 9 Application / Control Number: 90 / 014, 119 Page 20 Art Unit: 3992 Snelling teaches " it is desirable for each of the devices on systems according to the present invention to be independently addressable via the system controller, whether such address is for use on the internet or otherwise. Not only computers, but also telephones and handsets are addressable for internet sessions and thus require such addressability in accordance with systems of the present invention. " (Snelling 4: 12 - 17) . Snelling teaches " each device has a private address, and the network controller according to the present invention includes functionality which performs translation of that private address to a public address, both upstream and downstream. " (Snelling 7: 19 - 22) . For the public network, Snelling teaches NCU 100 can store internet IP addresses for different destinations on the public network, such that " enhanced storage and processing of internet addresses. . . can form part of the circuitry of the network control unit. " Snelling 7: 24 - 27, 7: 31 8: 5. where in the router software component translates a first IP address in the plurality of public IP addresses to a second IP address in the plurality of private IP addresses. Snelling teaches the proxy server software in NCU 100 performs " address translation " to change the address of packets between a private IP address of the local network and a public IP address of the Internet. (Snelling 41: 11 - 15, 7: 21 - 22, 53: 26 - 30, 54: 16 - 21) . Snelling describes that " a network address translator or server 500, which may be a gateway which performs network address translation, is interposed between such devices and lines connecting the system to the internet. The server 500 supplants the private address with a public address, which may be that of the network control unit 100 of a system according to the present invention, or a public address for the corresponding device. " Snelling 53: 26 - 30; Figure 27. 2. The hand - held de vice of claim 1, where in the plurality of data packets includes an Internet Protocol ("IP") packet. Snelling teaches the routing of IP packets Abstract, 7: 16 - 8: 5, 17: 21 - 32, 41: 9 - 15, 43: 9 - 15; 53: 26 54: 21. 3. The hand - held de vice of claim 1, wherein the one or more cellular networks are connected to the Internet. Snelling teaches the device connects to the Internet using one or more cellular networks. Snelling Abstract, 4: 12 - 21, 7: 16 - 23, 17: 21 - 32, 41: 9 - 15, 53: 26 - 54: 21, 55: 24 - 32. 6. The hand - held de vice of claim 1, where in the wireless local area networks include a BluetoothTM wireless local area network. Snelling describes short - range wireless communication using " air interface devices and standards including Bluetooth. " Snelling 42: 6 - 10, 51: 6 - 15. 9 Application / Control Number: 90 / 0 14, 119 Page 21 Art Unit: 3992 10. The hand - held device of claim 1, wherein the router software component includes a local routing software component to route an IP packet between a first wireless device in the wireless local area network and a second wireless device in the wireless local area network. Snelling teaches NCU 100 has proxy server software that routes IP packets between locally connected devices and outside telecommunications networks. Snelling) at 41: 11 - 15, 7: 21 - 22, 53: 26 - 30, 54: 16 - 21; devices locally connected to NCU 100 " can communicate between one another. . . so computers that are connected to the data jacks remain networked together and can share files and information. " Snelling 55: 19 - 23. NCU 100, which routes IP packets between devices, enables sharing of files and other information between the locally connected devices in the Snelling system by routing IP packets between those devices. 11. The hand - held de vice of claim 1, wherein the first network service software component is a pairing management software component to determine whether a first wireless de vice, which is connected to the wireless local area network, is responsive to a signal from the one or more devices connected to the one or more cellular networks. Snelling provides " enhanced internet connectivity. . . by employing enhanced storage and processing of internet addresses. " Snelling 7: 23 - 8: 19, 39: 3 - 40: 23; 9: 3 - 5. In Snelling, this " storage and processing capacity, which is referred to as ' server ' capacity, can form part of the circuitry of the network control unit. " Snelling 39: 5 - 8. Snelling describes " an internet protocol address server, such as in. . . the NCU 100, " maintaining " a list of active (and perhaps non - active) users and their IP addresses (current if the IP address is dynamically assigned) . " Snelling 39: 11 - 14. In this example, the NCU's internet protocol address server handles connections differently depending on whether a device " is active and has an IP address " or " does not have an IP address active, or is inactive, or is refusing connections. " Snelling 39: 15 - 21. The NCU'S " server can maintain currency with the current IP address and status of the destinations " by " periodically query [ ing ] the destinations to obtain IP addresses and their status. " Snelling 39: 22 - 28. When a destination device is part of the wireless local area network as contemplated by Snelling ("The network control unit then changes the destination address back to the internal private address and forwards it to the device"), Snelling's internet protocol address server determines whether the destination device is responsive ("active") or is unresponsive ("inactive, or is refusing connections") to a signal from a device connected to the one or more cellular networks. Snelling 39: 3 - 40: 2, 53: 31 - 54: 21. Snelling thus teaches internet protocol address server serving as a pairing management software component to determine whether a wireless device, which is connected to the wireless local area network, is responsive to a signal from one or more devices connected to the one or more cellular networks. 9 Application / Control Number: 90 / 014, 119 Page 22 Art Unit: 3992 E. Claims 2, 3, 6, 10, and 11 are rejected under pre - AIA 35U.S. C. 103 (a) as being unpatentable over Snelling in view of Router Plugins and further in view of Marchand. 1, the limitations of patented Claims 2, 3, 6, 10, and 11 contain all limitations of patent claim claim 1 are taught by the references as follows: 1. A hand - held device for enabling communication between one or more devices connected to one or more cellular networks and one or more devices connected to a wireless local area network, comprising: Snelling describes a wireless gateway via " network control unit " (NCU) for example per figure 3A below. The NCU connects devices on a local network with external " telecommunications networks, " such as the Internet; Abstract. Devices on the local network are coupled to wireless access units (WAUS), which " communicate via RF link " with the NCU. Snelling teaches NCU 100 is able to provide connectivity between devices on a wireless local area network with " outside telecommunications networks via air interfaces such as cellular. " (Snelling Abstract) . Snelling describes an NCU 100 that can be " adapted for mobility " with a " mobile power supply " to create a " transportable mobile communications system. " (Snelling at 8: 20 - 28, 54: 30 - 31, 55: 9 13) . - 737 - 50 ve - YYYY I T - T - - - - - FLASH SKAV PROCESSOR SRAR EAS ENTERRUPY RIS EXTERNAL BUS WHIRLERIJE t YICTGrrrrrrrr rnnnnnnnnn KEYBOARD TELEPHONY COMPONENTS _ 710 W045 TRANSCEIVER - - ymmnnnnnn LLLER RADIO ENSINE SLOT MACHINE =) GYVTC PSIN INTERFACE NENORK INTERFACE mond 1. srsrsrs - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Sloveni YYYYYYYYYYYYYYY a INTERV SURNS FIG. 3A Snelling does not identify NCU 100 as a hand - held de vice. Marchand teaches mobile phone gateway 33 (figure 3, reproduced below) (a hand held device) that interconnects an " external wireless IP network " (3G wireless IP network 35) and a local wireless " ad - hoc network " (wireless local area network 34) (Marchand Title; Abstract; 1: 5 - 7, FIG 3) . 9 Application / Control Number: 90 / 014, 119 Page 23 Art Unit: 3992 It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the NCỤ of Snelling to fit similar physical characteristics of the Marchand hand held gateway while maintaining the routing functionality described by Snelling. The Marchand handheld portable gateway similarly to Snelling, bridges a short - range wireless interface with a cellular interface using an embedded server, therefore one of ordinary skill would have found it routine to implement the server software of Snelling's NCU 100 in a device having the physical design of the Marchand hand held portable gateway as doing so would provide the functions of the NCU in the hand - held form thereby improving the mobility of the NCU and enabling a user to carry such a hand held gateway in their pocket. a) a first transceiver to communicate with the one or more devices connected to said one or more cellular networks by sending and receiving cellular signals, " Snelling teaches NCU 100 has an external network interface, such as network interface 650, that is able to use wireless media such as " TDMA digital cellular, CDMA digital cellular. " (Snelling 17: 25 - 32) . the first transceiver having a cellular network address; Snelling teaches each of the external and internal network interfaces of NCU 100 are " assigned an IP address. " (Snelling 54: 4); Snelling teaches network interface 650 " may be assigned a valid Internet address; thus reachable from the Internet. " (Snelling 54: 7 - 9); Snelling describes that " [ w Jhen a packet is returned from the Internet, its destination address, is the network control unit's external IP address. " (Snelling 54: 18 - 19) Since the network interface 650 in Snelling's NCU 100 can use TDMA or CDMA digital cellular to communicate with the external public network, the external IP address of the network interface 650 would be a cellular network address. (Snelling Abstract; 4: 12 - 21; 17: 25 - 32) . b) a second transceiver to communicate with the one or more devices connected to the wireless local area network by sending and receiving shortrange radio signals; Snelling teaches NCU 100 has an internal network interface, radio multiplex engine 670 and radio transceiver 680, that communicates with local WAUS 200 on a wireless local area network via radio frequency (RF) signals. (Snelling 17: 14 - 22, 30: 28 - 29) . Snelling describes that radio transceiver 680 " may be a low cost multiple xed Radio Transceiver or set of transceivers which provides proper modulation (e. g ., DBPSK) onto RF carriers " so as to " achieve transmission of multiple simultaneous independent data streams to WAUS 200 and handsets 300. " (Snelling 29: 13 - 20) . Snelling teaches " the RT unit 680 can communicate with within radio range. " Snelling at 29: 26 - 27; 12: 7 - 13: 26, 29: 30 - 32, 32: 21 37: 31. 9 Application / Control Number: 90 / 0 14, 119 Page 24 Art Unit: 3992 c) a storage de vice to store Snelling teaches NCU 100 " executes both 32 - bit and 16 - bit instructions from either external FLASH 715, SRAM 717, or internal SRAM 719 memories. " (Snelling 21: 30 - 32; In some examples, the " NCU's computer program code is preferably maintained in flash, reprogrammable memory. Firmware in remote units are preferably implemented in ROM memory, although not necessarily. " (Snelling 47: 9 - 11) . c. 1. a router software component to transfer a plurality of data packets between the one or more devices connected to the one or more cellular networks and the one or more devices connected to the wireless local area network by the cellular signals and the short - range radio signals; and Snelling teaches NCU 100 has " proxy server software " that routes data between the private local network and the public external network. Snelling at 41: 9 - 10 Snelling teaches that the proxy server software on the NCU 100 routes packets by changing the address of packets between a private IP address of the local network and a public IP address of the Internet. Snelling 41: 11 - 15, 7: 21 - 22, 53: 26 - 30, 54: 16 - 21. NCU 100 accesses the " outside telecommunications networks via air interfaces such as cellular, " for example using TDMA or CDMA digital cellular, and also accesses the locally networked WAUS 200 via radio frequency (RF) signals. Snelling Abstract; 17: 25 - 32, 17: 14 - 22. c. 2. an interface software component to add a first network service software component that provides one or more network services to the wireless local area network, the first network service software component loaded into the storage de vice from the one or more de vices connected to the one or more cellular networks and Snelling does not explicitly ' recite the interface software component of the software in the gateway adding a software component from the one or more devices connected to the cellular network. The software architecture of Router Plugins " allows code modules, called plugins, to be dynamically added and configured " on the router. (Router Plugins Abstract) . The code modules, or plugins, are " loaded into the kernel of a router in a " simple yet flexible fashion, " and managed using a software component called the " Plugin Control Unit (PCU) . " (Router Plugins at p. 231, col. 1, 12), the PCU is implemented using " 200 lines of C code " (Router Plugins at p. 234) . The PCU " is a component which glues the individual plugins to the networking subsystem, and which provides a control - path interface used by other kernel components. . . to talk to the plugin. " Id. The PCU enables the code modules, or plugins, to be dynamically loaded and unloaded into the networking subsystem of the router. Id. Plugins are " loaded into the kernel [ using the modload command ] . " Router Plugins at p. 232, col. 2, 91. " Once loaded into the kernel, plugins register their callback function through a function call to the PCU. " Router Plugins, at p. 234, col. 2, 17. As part of that, the [ callback ] function 9 Application / Control Number: 90 / 014, 119 Page 25 Art Unit: 3992 [ registered by the plugin ] is used [ by the PCU ] to send messages to the plugin. " Router Plugins, at p. 232, col. 1, 112 and col. 2, 91. The " router plugins are kernel software modules that are dynamically loaded into the kernel and are responsible for performing certain specific functions on specified network flows. " Router Plugins at p. 230, col. 1. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the NCU of Snelling to implement the routing and address translation functionality disclosed therein by utilizing the routing software technology described in Router Plugins. One of ordinary skill in the art would have been motivated to modify Snelling to include the Plugin Control Unit (PCU) in the NCU architecture in order to " glue [ s ] the individual plugins to the networking subsystem " as described in Router Plugins. (Router Plugins at p. 231, col. 1, 12) . One of ordinary skill would have understood that Snelling's routing software could be easily updated and upgraded by downloading software plugins disclosed in Router Plugins over the cellular connection to the outside telecommunications networks in Snelling. One of ordinary skill would realize the ability to " dynamically upgrade router software in an incremental fashion " and achieve " a high performance, modular, extended integrated services router software architecture " by enabling " code modules, called plugins, to be dynamically added and configured at run time, " as disclosed in Router Plugins, would improve the " modularity. . . extensibility. . . flexibility " and " performance " of the proxy server software of Snelling modified in view Marchand. (Router Plugins Abstract; p. 229, bottom of col. 1 to top of col. 2 .) one or more processors connected to the storage device to process the cellular signals and the short - range radio signals, Snelling teaches " NCU 100 includes an embedded processor 700, such as a 32 - bit RISC microprocessor " that " executes both 32 - bit and 16 - bit instructions from either external FLASH 715, SRAM 717, or internal SRAM 719 memories. " Snelling 21: 29 - 32; 26: 4 - 6 where in the cellular network includes a plurality of public IP addresses and the wireless local area network includes a plurality of private IP addresses, and Snelling teaches " it is desirable for each of the devices on systems according to the present invention to be independently addressable via the system controller, whether such address is for use on the internet or otherwise. Not only computers, but also telephones and handsets are addressable for internet sessions and thus require such addressability in accordance with systems of the present invention. " (Snelling 4: 12 - 17) . Snelling teaches " each device has a private address, and the network controller according to the present invention includes functionality which performs translation of that private address to a public address, both upstream and downstream. " (Snelling 7: 19 - 22) . For the public network, Snelling teaches NCU 100 can store internet IP addresses for different destinations on the public network, such that " enhanced storage and processing of internet addresses. . . can form part of the circuitry of the network control unit. " Snelling 7: 24 - 27, 7: 31 8: 5. 9 Application / Control Number: 90 / 0 14, 119 Page 26 Art Unit: 3992 where in the router software component translates a first IP address in the plurality of public IP addresses to a second IP address in the plurality of private IP addresses. Snelling teaches the proxy server software in NCU 100 performs " address translation " to change the address of packets between a private IP address of the local network and a public IP address of the Internet. (Snelling 41: 11 - 15, 7: 21 - 22, 53: 26 - 30, 54: 16 - 21) . Snelling describes that " a network address translator or server 500, which may be a gateway which performs network address translation, is interposed between such devices and lines connecting the system to the internet. The server 500 supplants the private address with a public address, which may be that of the network control unit 100 of a system according to the present invention, or a public address for the corresponding device. " Snelling 53: 26 - 30; Figure 27. 2. The hand - held de vice of claim 1, where in the plurality of data packets includes an Internet Protocol ("IP") packet. Snelling teaches the routing of IP packets Abstract, 7: 16 - 8: 5, 17: 21 - 32, 41: 9 - 15, 43: 9 - 15; 53: 26 54: 21. 3. The hand - held device of claim 1, wherein the one or more cellular networks are connected to the Internet. Snelling teaches the device connects to the Internet using one or more cellular networks. Snelling Abstract, 4: 12 - 21, 7: 16 - 23, 17: 21 - 32, 41: 9 - 15, 53: 26 - 54: 21, 55: 24 - 32. 6. The hand - held de vice of claim 1, where in the wireless local area networks include a BluetoothTM wireless local area network. Snelling describes short - range wireless communication using " air interface devices and standards including Bluetooth. " Snelling 42: 6 - 10, 51: 6 - 15. 10. The hand - held de vice of claim 1, wherein the router software component includes a local routing software component to route an IP packet between a first wireless de vice in the wireless local area network and a second wireless device in the wireless local area network. Snelling teaches NCU 100 has proxy server software that routes IP packets between locally connected devices and outside telecommunications networks. (Snelling 41: 11 - 15, 7: 21 22, 53: 26 - 30, 54: 16 - 21); devices locally connected to NCU 100 " can communicate between one another. . . so computers that are connected to the data jacks remain networked together and can share files and information. " Snelling 55: 19 - 23. NCU 100, which routes IP packets between devices, enables sharing of files and other information between the locally connected devices in the Snelling system by routing IP packets between those devices.