Appeal No. 2005-1724
Application 09/758,127
OPINION
Claims 92 and 94
Appellants argue that Bastiani does not teach or suggest the
feature of "sending from the portable personal device through the
serial or parallel cable a signal indicating that the portable
personal device is ready to execute the request command to the
computer, when the portable personal device is ready to execute
the request command" (claim 92). The examiner finds the claimed
signal to correspond to the ACK without specifying which of the
several ACKs in Bastiani is being relied upon (FR3; EA4). In the
response to the arguments (FR9; EA11), the examiner relies upon
the ACK packet which is sent in response to a HEARTBEAT packet,
where "ACK in the case of Heartbeat indicates that the device is
powered and able to receive link or device commands" (col. 31,
line 67, to col. 32, line 2) and "[a] device must respond to the
HEARTBEAT packet with an ACK packet if the device is ready and
there is no change in media status since the last status read"
(col. 43, lines 31-34).
Appellants argue that the ACK in response to a HEARTBEAT
packet indicating that the device is "ready" in Bastiani does not
correspond to a signal indicating that the portable personal
device is "ready to execute the request command" (Br9). It is
argued that the HEARTBEAT signal is used to determine whether a
port has a device attached or removed and if the device is
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