Appeal 2007-1630
Application 10/422,661
1) Pombo’s sleep mode is entered into only if the mobile handset is
already locked into a base station and not upon loss of signal, as claimed
(App. Br. 4).
2) 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 (Id.).
3) Pombo’s system does not go into a sleep mode if contact with a
base station is lost (App. Br. 4-5).
4) Pombo does not disclose determining the transience of the signal,
i.e., the length of time of finding a signal and the length of time of losing a
signal, and then calculating a sleep period (App. Br. 5-6).
Regarding Appellant’s first argument (i.e., that Pombo’s sleep mode is
entered into only if the mobile handset is already locked into a base station
and not upon loss of signal, as claimed), the Examiner disagrees, and cites to
column 11, lines 3-11 of Pombo as disclosing sleep mode adjustments
“when the same base station control channel ‘was not detected within the
last ten minutes’” (Ans. 9). However, as noted by Appellant (Reply Br. 1-
3), Pombo requires two conditions to be true prior to performing a sleep
mode calculation. The search period must be 10 seconds and the same
control channel must have been detected within the last 10 minutes (col. 11,
ll. 3-11; fig. 6). Therefore, we agree with Appellant that Pombo’s sleep
mode, as shown in block 614 of Fig. 6, is entered into only if the mobile
handset is locked into a base station. Nevertheless, we find Appellant’s
claimed “nap mode” broadly but reasonably reads on another portion of
Pombo, as discussed infra.
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