Ex Parte Malcolm - Page 6


               Appeal 2007-1630                                                                            
               Application 10/422,661                                                                      
                      Regarding Appellant’s second argument (i.e., that in order for                       
               Pombo’s system to be locked into a base station, the same base station has to               
               be connected to the handset for 10 minutes, at which time a sleep period is                 
               calculated), the Examiner disagrees, and again points to column 11, lines 3-                
               12 of Pombo in support of the assertion that the sleep period is calculated                 
               “when the same control channel was NOT detected within the last ten                         
               minutes.” (Ans. 9-10).  As discussed supra, we agree with Appellant (App.                   
               Br. 4) that Pombo’s sleep period is not calculated unless the current search                
               period is every 10 seconds and the same control channel was detected within                 
               the last 10 minutes, as shown in decision block 608 of Pombo’s Fig. 6.                      
               Nevertheless, we find Appellant’s claimed “nap mode” broadly but                            
               reasonably reads on another portion of Pombo, as discussed infra.                           
                      Regarding Appellant’s third argument (i.e., that Pombo’s system does                 
               not go into a sleep mode if contact with a base station is lost), the Examiner              
               disagrees, and again points to column 11, lines 3-11 of Pombo as describing                 
               how the sleep period is calculated when contact with a base station is lost                 
               (Ans. 10).  As discussed supra, we agree with Appellant that the sleep mode                 
               shown in Pombo’s block 614 (Fig. 6) is entered into only when the mobile                    
               handset is locked into a base station.                                                      
                      However, as noted by Appellant (App. Br. 4-5), Pombo also discloses                  
               a “no control activity” process, which calculates a dramatically increased                  
               search period when no control channel has been detected (col. 11, ll. 27-62).               
               We note that Appellant’s claimed “nap mode” is broadly recited in terms of                  
               “entering a nap mode until said nap termination condition is met, during said               
               nap mode a state of lower power consumption being achieved including                        


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