EXHIBIT 10

Case 6:20-cv-00474-ADA Document 85-10 Filed 03/17/21 Page 1 of 19
04/08/08 15: 26 FAX 613 230 88_21____ MARKS & c~~_K __ _ ----· ---· --

I CER1'1FlCA'IE OFTRANSMISSlONBYFACSIMILE (37 CFR ~ II 

Applicant(s): 

Serial No. 

10/227,863 

Attaullah ZABIHI, et al. 

Filing Date 

August 27, 2002 

Examiner 

LY. Anh Vu H 

RECEIVED ~ 018 OENTRALFAXCENTEA 

APR O 8 2008 

Docket No. 

13598-US 

Group Art Unit 

2616 

Invention: STACKABLE VIRTUAL AREA NETWORK PROVISIONING IN BRIDGl=D NETWORKS 

I hereby certify that this Response to Final Action mailed Januarv 8, 2008 

(ltkntlfjl 9pe of carrapandenct) 

is being facsimile transmitted to the United States Patent and Trademar1<s Office (Fax. No. 

on AprilB,2008 ----:.....,(Dai=-~),,__ ___ _ 

Carolynn Irvin 

571-273-8300 -------

(TypM or Printed NtmU!. of Pmtm Slgnl.tt.g Cutip.Clltl!) 

~~ 

Note: E11cll papeT mast have illl Ol"n ,er-tific.afioa or mailing. 

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_MARK_s_&_C~LE_R_R: ____ --C,t;;ENTRAL FAX Cl::~001 -~~--.. ----~~----·--

TRANSM1Tl'AL LETTER 

(General Patent Pending) 

In Re Application Of: Attaullah ZABIHI, et al. 

APR O 8 2008 

II 

Serial No. Filing Date Examiner. Group Art Unit 

10/227,863 August 27, 2002 LY, Anh Vu H 2616 

Title: STACKABLE VIRTUAL AREA NETWORK PROVISIONING IN BRIDGED NETWORKS 

TO THE ASSISTANT COMMISSIONER FOR PATENTS: 

Transmitted herewith is: 

- Response to Final Action mailed January 8, 2008 

- Certificate of Transmission by Facsimile (1) 

In the above identified application. 

IZI No additional fee is requied. 

D A check in the Amount of is attached. 

O The assistant Commissioner is hereby authorized to charge and credit Deposit Account No. 

as described below. A duplicate copy of this sheet is enclosed. 

Cl Charge the amount of 

CJ Credit any overpayment 

CJ Charge any additional fee required. 

S. Mark Budd 

53,880 

Slgn"'1.lrt! 

Marks & Clerk Canada 

P.O. Box957 

Station B. 

Ottawa, ON, K1 P 5S7 

Phone: (613) 236-9561 

Dated: April8,2008 

I eertify thal lhiG document and fee being deposited 

on with the U.S. PoslBI Ser.ice as 

first dass mail under 37 C.F .R. 1.8 and addressed to the 

Assistant Commi!ilsloner for Patents, YVa$hington. D.C. 

20231. 

Si,:lltlhln <>f Pen.an Mailing CorrupaNlence 

l'lWREVOl 

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04/08/08 15: 23 FAX 613 230 8821 MARKS & CLERK RECEIVED -----~---· - - ----- CENTRAL FAX CENTER 

Serial No. 10/227,863 

Art Unit 2616 APR O 8 2008 

PATENT 

Agent's Docket No. 13598-US 

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 

In re Application of 

ZABIHI, Attaullah et al. 

Serial No: 10/227J863 

Filed: August 27, 2002 

) 

) 

) 

) 

) 

)" 

) 

} 

Art Unit: 2616 

Examiner: LY, Anh Vu H. 

For: STACKABLE VIRTUAL LOCAL AREA NETWORK PROVISIONING IN 

BRIDGED NETWORKS 

Commissioner for Patents 

u_s. Patent and Trademark Office 

Alexandria, VA 22313-1450 

April 8, 2008 

RESPONSE TO FINAL ACTION MAILED JANUARY 8, 2008 

Sir: 

In response to the Office Action mailed January 8, 2008, please amend this 

application as follows: 

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~002 

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---·--··-- ---· 

Serial No. 10/227,863 

Art Unit 2616 

MARKS & CLERK . .; --·-------· -- RECEIVED 

CENTRAL FAX CENTER 

APR O 8 2008 

AMENDMENTS TO THE CLAIMS 

1. (currently amended). A method of provisioning a backbone Virtual Local ~a 

Network (VLAN) comprising: 

a. obtaining at least one backbone VLAN Identifier (ID); 

b. selecting a plurality of backbone VLAN trunks; and 

c. associating the backbone VLAN ID with each one of the plurality of 

backbone VLAN trunkst .Qy;, 

cl. determining a plurality of stackable tnmk ports corresponding to the 

plurality of backbone VLAN trunks: and 

c2. associating the backbone VLAN ID with each one of ~e plurality of 

stackable trunk ports; 

the selection and association of the backbone VLAN ID with each one of the plurality of 

backbone VLAN trunks being undertaken irrespective of one of an in-use and a stand-by 

designation of each one of the plurality of backbone VLAN trunks and each one of the 

plurality of stackable trunk ports. 

2. (previously amended) A method of provisioning a backbone VLAN as claimed in 

claim 1, the method further comprising tracking previously obtained backbone VLAN IDs. 

3. (previously amended) A roethod of provisioning a backbone VLAN as claimed in 

claim 1, the method fu{ther comprising generating the at least one backbon~ VLAN ID. 

4. (previously amended) A method of provisioning a backbone VLAN as claimed in 

claim 3, wherein generating the at least one backbone VLAN ID comprises generating a 

unique backbone VLAN ID. 

5. (previously amended) A method of provisioning a backbone VLAN as claimed in 

claim 1, wherein selecting the plurality of backbone VLAN trunks comprises selecting all 

managed backbone VLAN trunks. 

2. 

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'41003 

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Serial No. 10/227,S63 

ArtUnit2616 

MARKS & CLER.!L_. 

6. (cWTe11tly amended) A method of provisioning a backbone VLAN as claimed in 

claim 5, wherein selecting all managed backbone VLAN trunks, the :met:haa ferther 

comprises selecting all managed backbone VLAN trunks in an associated realm of 

management. 

7. {previously amended) A method of provisioning a backbone VLAN as claimed in 

claim 5 further comprising de-selecting at least one backbone VLAN trunk. 

8. ( cancelled) 

9. (currently amended) A method of provisioning a backbone VLAN as claimed in 

claim [[8]] l, wherein determining the plurality of stackable trunk ports comprises selecting 

all managed stackable trunk ports. 

10. (previously amended) A method of provisioning a backbone VLAN as claimed in 

claim 9, wherein selecting all stackable trunk ports-comprises selecting all managed 

stackable trunk ports in the associated realm of management. 

11. (previously amended) A method of provisioning a backbone VLAN as claimed m: 

claim 9 further comprising de-selecting at least one se]ected stackable trunk port 

12. ( currently amended) A method of provisioning a backbone VLAN as claimed in 

claim [[8]] !, wherein associating the backbone VLAN ID with each one of the plurality of 

stackable trunk ports 90mprises issuing commands to the plurality of stackable trunk ports 

to enable support for backbone VLAN ID associated communications. 

13. ( cancelled) 

14. (cancelled) 

3 

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~004 

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Serial No. 10/227,863 

AnUnit2616 

15. (previously amended) A method of provisioning a backbone VLAN as claimed in 

claim 1, further comprising issuing commands to determine a backbone VLAN 

provisioning status associated with at least one of a backbone VLAN, a backbone VLAN 

trunk, a stackable trunk port, a tunnel access port, and a VLAN access port. 

16. (previously amended) A method of provisioning a backbone VLAN as claimed in 

claim 1, further comprising defining at least one switching JUle by specifying one of: 

i. a VLAN access port to VLAN access port binding; 

ii. a VLAN access port to VLAN trunk port binding; 

iii. a VLAN access port to stackable trunk port binding; 

iv. a VLAN trunk port to VLAN trunk port bi;o.ding~ and 

v. a tunnel access port to stackable trunk port binding. 

17. (currently amended) 

comprising: 

A method of prov.isioning a backbone VLAN ~ 

a. obtaining a plw-ality of backbone VLAN IDs associated with a 

corresponding plurality ofpl'ovisioned backbone VLANs; and 

b. associating the plurality of backbone VI.AN IDs with the backbone VLAN 

trunk'; QY 

bl. determining at least one stackable trunk port corresponding to the backbone 

VLAN trunk; and 

b2. associating the backbone VLAN IDs with the at least one stack.able trunk 

J2Qlt. 

the association of the plurality of backbone VLAN IDs with the backbone VLAN trunk 

being undertaken irrespective of one of an in-use and a stand"by designation of the 

backbone VLAN trunk and the at least one stackable trunk port. 

18. (previously amended) , A method of provisioning a backbone VLAN trunk as 

claimed in claim 17, wherein obtaining the plurality of backbone VLAN IDs, comprises 

obtaining backbone VLAN IDs associated with all provisioned backbone VLANs. 

4 

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-------------- Serial No. 10/227,863 

Art Unit 2616 

19. (previously amended) 

), 

MARKS & C~E __ R_K___ __ 

A method of provisioning a backbone VLAN trunk as 

claimed in claim 17, wherein obtaining backbone VLAN IDs associated with all 

provisioned backbone VLANs comprises obtaining backbone VLAN IDs associated with 

all provisioned backbone VLANs in a realm of management. 

20. (previously amended) A method of provisioning a backbone VLAN tnmk as 

claimed in claim 17, further comprising disregarding at least one backbone VLAN ID 

subsequent to obtaining the plurality of backbone VLAN IDs. 

21. (cancelled) 

22. ( currently amended) A method of provisioning a backbone VLAN trunk as 

claimed in claim [[21]] lL wherein associating the backbone VLAN ID~ with the at least 

one stackable tnmk. port comprises issuing at least one command to the at least one 

stackable trunk port to enable support for backbone VLAN ID associated communications. 

23. (previously amended) A method of provisioning a backbone VLAN trunk as 

claimed in claim 17, further comprising issuing commands to determine a backbone VLAN 

provisioning status associated with at least one of a backbone VLAN, a backbone VLAN 

trunk, and a stackable trunk port. 

24. (previously amended) A method of provisioning a stackable trunk port comprising: 

a. obtaining a plurality of backbone VLAN IDs associated with a 

corresponding plurality of provisioned backbone VLANs; and 

b. associating the plurality of backbone VLAN IDs with the stackable trunk 

port; 

the association of the plurality of backbone VLAN IDs with the stackable trunk port being 

undertaken irrespective of one of an in-use and a stand-by designation of the stackable 

trunk port. 

s 

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----- ------~-- MARKS & CLE~=:K,____ 

Serial No. 10/227,863 

Art Unit 2616 

25. (previously amended) A method of provisioning a stackable trunk port as claimed in 

claim 24, wherein obtaining the plurality of backbone VLAN IDs further comprises 

obtaining backbone VLAN IDs associated with all provisioned backbone VLANs. 

26. (previously amended) A method of provisioning a stackable trunk port as claimed in 

claim 24, wherein obtaining backbone VLAN IDs associated with all provisioned backbone 

VLANs further comprises obtaining backbone VLAN IDs associated with all provisioned 

backbone VLANs in a realm of management. 

27. (previously amended) A method of provisioning a stackable trunk port as claimed in 

claim 24, further comprising disregarding at least one backbone VLAN ID subsequent to 

obtaining the plurality of backbone VLAN IDs. 

28. (previously amended) A method of provisioning a stackable trunk port as claimed in 

claim 24, wherein associating the backbone VLAN IDs with the stackable tnmk port 

comprises issuing at ]east one command to the stackable trunk port to enable support for 

backbone VLAN ID associated communications. 

29. (previously amended) A method of provisioning a stackable trunk port as claimed in 

claim 24, further comprising issuing commands to determine a backbone VLAN 

provisioning status associated with at least one of a backbone VL.AN, and a stackable trunk 

port. 

30. (currently amended) 

int.erface comprising: 

A backbone VLAN provisioning lH:u'BaB inaehiae computer 

a. a backbone VLAN ID selector for selecting a plurality of backbone VLAN 

IDs; 

b. a backbone VLAN trunk selector for selecting a plurality of backbone 

VLAN trunks; and 

c. an activator for committing associations between the plurality of backbone 

VLAN IDs and the plurality of backbone VLAN trunks; 

6 

14] 007_ 

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Serial No. 10/227,&63 

Art Unit 2616 

the associations between the plurality of backbone VLAN IDs and the plurality of backbone 

VLAN trunks being undertaken irrespective of one of an in-use and a stand-by designation 

of each one of the plurality of backbone VLAN trunks. 

31. ( currently amended) A backbone VLAN provisioning human maeai.ae computer 

interface as claimed in claim 3 0, wherein the backbone VLAN ID selector is further 

operable to select the plurality of backbone VLAN IDs corresponding to all backbone 

VLANs provisioned in a managed communications network. 

32. (currently amended) A backbone VLAN provisioning ln1ma:a maemae computer 

interface as claimed in claim 30, wherein the backbone VLAN ID selector is further 

· operable to de-select at least one backbone VLAN ID from the plurality of selected 

backbone VLAN IDs. 

33. (currently amended) A backbone VLAN provisioning lnmum maeh:ine computer 

intedace as claimed in claim 30, wherein the backbone VLAN trunk selector is further 

operable to select all backbone VLAN trunks provisioned in a managed communications 

network. 

34. (currently amended) A backbone VLAN provisioning lRimae. i:naslti:e:e computer 

interface as claimed in claim 30, wherein the backbone VLAN trunk selector is further 

operable to de-select at least one backbone VLAN trunk from the plurality of selected 

backbone VLAN trunks. 

35. (currently amended) A backbone VLAN provisioning hwww maehme computer 

interface as claimed in claim 30, wherein the activator is further operable to initiate the 

issuing of at least one command to effect the associations between the plurality of backbone 

. VLAN IDs and the plurality ofbackbone'VLAN trunks. 

7 

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Serial No. 10/2:2.7,863 

Art Unit 2616 

36. (currently amended) 

___ MA~S ~ CLERK 

A backbone VLAN provisioning 1*i:man maebifte computer 

interface as claimed in claim 30, wherein the backbone VLAN trunk selector further 

comprises a stackable trunk port selector operable to select at least one stackable trunk port. 

3 7. ( currently amended) A backbone VLAN provisioning h'i:Hflafl maGltifle computer 

interface as claimed in claim 3 6, wherein stackable trunk port selector operable to select all 

stackable trunk ports in a managed commwiications network. 

38. (currently amended) A backbone VLAN provisioning hHmflR maehine computer 

interface as claimed in claim 3 7, wherein stackable trunk port selector is further operable to 

de-select at least one stackable trunk port. 

39. ( currently amended) A backbone VLAN provisioning h\:lfFJ.an maehiB:e computer 

interface as claimed in claim 37, wherein the activator is further operable to initiate the 

issuing of at least one command to effect the associations between the plurality of backbone 

VLAN IDs and the plurality of stackable trunk ports. 

40. (currently amended) A backbone VLAN provisioning ftlf&ian maehine. computer 

interface as claimed in claim 30, further comprising a tunnel access port selector for 

selecting at least two tunnel access ports.-

41. ( currently amended) A backbone VLAN provisioning hem.an rna.&B:Hl:e computer 

interface as claimed in claim 40, the activator further being operable to effect associations 

between the plurality of backbone VLAN IDs and the at least two tunnel access ports. 

42. (currently amended) A backbone VLAN provisioning mmla:& macbiae computer 

interface as claimed in claim 41, wherein the activator is further operable to issue at least 

one command to effect the associations between the plurality of backbone VLAN IDs and 

the at least two tunnel access ports. 

8 

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Serial No. 10/227,863 

Art Unit 2616 

43. (currently amended) A backb,:me VLAN provisioning h.~aa maemae comput~r 

interface as claimed in claim 30, further comprising means for displaying a backbone 

VLAN provisioning status for at least one of a backbone VLAN, a b~ckbone VLAN trunk, 

a stackable trunk port, a VLAN access port and a tunnel access port. 

44. (currently amended) A backbone VLAN provisioning ht1maB meemae computer 

interface as claimed in claim 30, further comprising means for defining at least one 

switching rule by specifying a one of: 

i. a VLAN access port to VLAN access port binding; 

ii. a VLAN access port to VLAN trunk port binding; 

iii. a VLAN access port to stackable trunk port binding; 

iv. a VLAN trunk port to VLAN trunk port binding; and 

v. a tunnel access port to stackable trunk port binding. 

45. (currently amended) A network management system using the htimim me.eh.i:fte 

computer interface defined in claim 30 to e{fect backbone VLAN provisioning in a 

managed communications network. 

9 

~010 

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Art Unit2616 

--- MARKS .§:_ CLERK; 

REMARKS 

RECEIVED 

CENTRAL FAX CENTER 

Af n ti 8 ,JuS 

Claim 1 has been amended to include the limitations of previous claim 8 and to 

properly introduce the abbreviation "ID". Claim 8 has been cancelled, and claims 9 and 12 

made dependent on claim 1. 

Claim 17 has been amended to include the limitations of previous claim 21. Claim 

21 has been cancelled, and claim 22 made dependent on claim 17. Claim 22 has also been 

am.ended to correct an antecedence issue. 

Claims 30-45 have been amended to replace "human-machine interface" with 

"'computer interface'', since the Examiner has stated that all hum.an-machine interfaces are 

computer interfaces. 

No new subject matter has been added, and the scope of the claims is no different 

from that of claims previously on file. 

The Examiner has objected to claims 8 and 30-45 as containing various specified 

informality errors. Claim 8 has been cancelled. Claims 30-45 have been amended to 

replace the term "hwnan-machine interface" with the term "computer interface", which the 

Examiner feels is more appropriate. 

The Examiner has objected to claims 1-45 under 35 U.S.C. §I02(e) as being 

anticipated by U.S. Patent 6,678,241 issued to Gai et al. 

Claim 1 includes the limitation of selecting a plurality of backbone VLAN trunks. 

This is a limitation not ·taught by Gai. In the reasons for rejection, the Examiner states that 

Gai teaches this limitation as the links 248 of Figure 2. In the Examiner's response to the 

Applicant's previous argument.s, the Examiner states that the switches 230-246 of Gai 

associate their respective trunk ports with the VLAN designations, citing column 7 lines 10-

15. However, as argued previously, the mere presence of the links 248 and the mere 

association of the trunk ports with VLAN designations does not teach selecting the links, 

especially in the context of a provisioning method. In order to teach this limitation of claim 

10 

~011 

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Art Unit 21516 

--- MARKS &_ CLERK _ _ __ 

1, the Examiner must show where Gai teaches selecting one of the links as part of a . 

provisioning method. 

Claim 1 also includes the limitation of associating the backbone VLAN ID with 

each one of a plurality of stackable tronk ports. This is a limitation not taught by Gai. The 

Examiner states (with respect to previous claim 8) that Gai teaches associating the 

backbone VLAN ID with each one of a plurality of stackable trunk ports at colwnn 14 lines 

28-30 and FIG. 3 elements 302a-302c. However, these passages teach only association of a 

VLAN ID with a trunk port, and not with a stackable trunk port. The present invention, as 

claimed, is directed to a provisioning method whlch enables a number of possible actual 

VLANs beyond the usual 4096 limit. Backbone VLANs travel over backbone VLAN 

trunks, which are defined between stackable trunk ports on core routers. The qualification 

of the trunk ports in claim 1 as being stackable is important, as this allows VLANs to be 

stacke4 beyond the usual limit of 4096. The Applicant respectfully points out that the 

extension of the number of VLANs beyond 4096 is not intended to be explicitly claimed. 

but is merely <1n advantage of the invention realized by the explicit limitation of associating 

VLAN IDs with stackable trunk ports. lbis difference between claim 1 and Gai is 

important, as the advantages of the present invention enabled by claim 1 are not possible 

using the teachings of Gai. 

Claim 1 also includes the limitation that the selection and association of the 

backbone VLAN IDs with the backbone VLAN tnmks is undertaken irrespective of an in· 

use and a stand-by designation of the backbone VLAN trunks. This is a limitation not 

taught by Gai. The Examiner states that "each physical VLAN is designated as ACTIVE, 

STAND-BY, and UNUSABLE. This implies that the trunks in the physical VLANs 

associated with each logi,cal VLAN are undertaken irrespective of a one in-use and/or 

stand-by designation". As argued previously, this is actually contrary to the limitation of 

claim 1. Because each logical VLAN (which the Examiner has equated with a backbone 

VLAN by equating the ID RED with a backbone VLAN ID) of Gai deliberately has one 

active physical VLAN associated with it and a mun ber of stand-by physical VLANs, the · 

association cannot be said to be irrespective of whether the trunk is in-use or stand-by. In 

fact, if Gai's association was irrespective of whether the tnm.ks were in-use or stand-by, 

then the method taught by Gai would not work because the entire point of Gai is to have 

11 

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Art Unit 2616 

MARKS & CLERK 

exactly one in-use physical VLAN and one or more stand-by physical VLANs to act as 

redundant VLANs should the active VLAN fail. 

Claims 2-7, 9-12, 15, arid 16 are dependent on claim 1 and include the same 

limitations discussed above. Because Gai does not teach each and every element of the 

claims, the Applicant respectfully submits that claims 1-7, 9-12, 15, and 16 are not 

anticipated by Oai. 

Claim J 7 includes the limitation of obtaining a plurality of backbone VLAN IDs 

associated with a corresponding plurality of provisioned backbone VLANs. This is a 

limitation not taught by Gai. In the reasons for rejection, the Examiner states that Gai 

teaches this limitation in Figure 5C as the values RED, BLUE, etc. However, as argued 

previously, the mere presence of the VLAN IDs does not teach obtaining the VLAN IDs, 

especially in the context of a provisioning method. In order to teach this limitation of claim 

17, the Examiner must show where Gai teaches obtaining backbone VLAN IDs associated 

with a corresponding plurality of provisioned backbone VL~s. 

Claim 17 also includes the limitation of associating the backbone VLAN ID with 

each one of a plurality of stackable trunk ports. This is a limitation not taught by Gai. The 

Examiner states (with respect to previous claim 21) that Gai teaches associating the 

backbone VLAN ID with each one of a plurality of stackable trunk ports at column 14 lines 

28-30 and FIO. 3 elements 302a-302c. However, these passages teach only association of a 

VLAN ID with a trunk port, and not with a stackable trunk port. The present invention, as 

claimed, is directed to a provisioning method which enables a number of possible actual 

VLANs beyond the usual 4096 J.4nit. Backbone VLANs travel over backbone VLAN 

trunks, which are defmed between stackable trunk ports on core routers. The qualification 

of the trunk ports in claim 17 as being stackable is important, as this allows VLANs to be. 

stacked beyond the usual limit of 4096. The Applicant respectfully points out that the 

extension of the number ofVLANs beyond 4096 is not intended to be explicitly claimed, 

but is merely an advantage of the invention realized by the explicit limitation of associating 

VLAN IDs with stackable trunk ports. This difference between claim 17 and Gai is 

12 

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Serial No. 101227,863 

Art Unit 2616 

---~!{KS & CL~.RK __ _ 

important, as the advantages of the present invention enabled by claim 17 a.re not possible 

using the teachings of Gai. 

Claim 17 also includes the limitation that the selection and association of the 

backbone VLAN IDs with the backbone VLAN trunk is undertaken irrespective of an inuse and a stand-by designation of the backbone VLAN trunks. This is a limitation not 

taught by Gai. Toe Examiner states that "each physical VLAN is designated as ACTIVE, 

STAND-BY, and UNUSABLE. This implies that the trunks in the physical VLANs 

associated with each logical VLAN are undertaken irrespective of a one in•use and/or 

stand-by designation". As argued previously, this is actually contrary to the limitation of 

claim 17. Because each logical VLAN (which the Examiner has equated with a backbone 

VLAN by equating the ID RED with a backbone VLAN ID) of Gai deliberately has one 

active physical VLAN associated with it and a number of stand-by physical VLANs, the 

association cannot be said to be irrespective of whether the trunk is in-use or stand-by. In 

fact, if Gai' s association was irrespective of whether the trunks were in-use or stand-by, 

then the method tau~t by Gai would not work because the entire point of Gai is to have 

exactly one in-use physical VLAN and one or more stand-by physical VLANs to act as 

redundant VLANs should the a~tive VLAN fail. 

Claims 18-20, 22 and 23 are dependent on claim 17 and include the same limitations 

discussed above. Because Gai does not teach each and every element of the claims, the 

Applicant respectfully submits that claims 17-20, 22, and 23 are not anticipated by GaL 

Claim 24 is directed to a method of provisioning a stackable trunk port. The 

Examiner has not shown where Gai teaches a method of provisioning a stackable trunk 

port. 

Claim 24 includes the limitation of obtaining a plurality of backbone VLAN IDs 

associated with a corresponding plurality of provisioned backbone VLANs. This is a 

limit:alion not taught by Gai. The Examiner states that Gai teaches this in Figure 5c as the 

IDs RED, BLUE, etc. However, as discussed above with reference to claim 17, the mere 

presence of IDs is not sufficient to show a step of obtaining the IDs, certainly not in the 

context of a method of provisioning. 

13 

~014 

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Serial No. 10m1 ,863 

Art Unit 2616 

__ M4RKS & CLER=K __ 

Claim 2~ also includes the limitation of associating the plurality of backbone VLAN 

IDs with the stackable trunk port. This is a limitation not taught by Gai. The Examiner 

cites colUIDD 14 lines 28-30 and Figuie 3 of Gai as teaching this limitation. However, these 

passages do not teach association of backbone VLAN IDs with stackable trunk ports. The 

present invention, as claimed, is directed to a provisioning method which enables a mnnber 

ofpossible actual VLANs beyond the usual 4096 limit. Backbone VLANs travel over 

backbone VLAN tnmks, which are defined between stackable trunk ports on core routers. 

The qualification of the trunk ports in claim 24 as being stackable is import.ant, as this 

allows VLANs to be stacked beyond the usual limit of 4096. The Applicant respectfully 

points out that the extension of the number ofVLANs beyond 4096 is not intended to be 

explicitly claimed, but is merely an advantage of the invention realized by the explicit 

limitation of associating backbone VLAN IDs with stackable trunk ports. This 'diff':rence 

between claim 24 and Gai is import.ant, as the advantages of the present invention enabled 

by claim 24 are not possible using the teachings of Gai. 

Claim 24 also includes the limitation that the association of the plurality of 

backbone VLAN IDs with the stackable trunk port is undertaken irrespective of the in-use 

or stand-by designation of the stackable trunk port. However, as discussed above with 

reference to claims 1 and 17, Gai expressly talces into account whether a physical VLAN is 

active or stand-by in making the association, and is therefore the opposite of "irrespective". 

Claims 25-29 are dependent on claim 24 and include the same limitations discussed 

above. Since Gai does not teach each and every element of the claims, the Applicant 

respectfully submits that claims 24-29 are not anticipated by Gai 

Claim 3 0 is directed to a backbone VLAN provisioning computer machine interface. 

The limitations of the claims include selectors and activators for effecting specified actions. 

Toe.Examiner has not shown where Gai teaches such a computer interface. The Examiner 

has treated claim 30 the same as claim 1, but these are different categories of claims and 

comprise different limitations. For example, the Examiner a~resses the preamble of claim 

30 by stating that Gai discloses a method of provisioning a backbone VLAN in Figure 4. 

However, Figure 4 in no way discloses a computer interface as recited in claim 30. This 

14 

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Serial No. 10/227,863 

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MARKS & CLERK 

ignores a major aspect of the invention., which is a NMS interface with specified 

functionality buttons which simplifies provisioning of backbone VLANs. 

Claim 30 includes the limitation of a backbone VLAN ID selector for selecting a 

plurality of backbone VLAN IDs. As discussed above, Gai does not teach backbone VLAN 

IDs. In additio~ the Examiner has not shown where Gai teaches such a selector within a 

human-machine interlace. 

Claim 30 also includes the limitation of a backbone VLAN trunk selector for 

selecting a plurality of backbone VLAN trunks. As discussed above, Gai does not teach 

backbone VLAN trunks. In addition, the Examiner has not shown where Gai teaches such 

a selector within a human-machine interface. 

Claim 30 also includes the limitation of an activator for committing associations 

between the plurality of backbone VLAN IDs and the plurality of backbone VLAN trunks. 

As discussed above, Ga{ does not teach backbone VLAN IDs or backbone VLAN trunks. 

In addition, the Examiner has not shown where Gai teaches such an activato~ within a 

human-machine inted"ace. 

Claim 30 also includes the limitation that the associations between the plurality of 

backbone VLAN IDs and the plurality of backbone VLAN trunks is undertaken irrespective 

of the in-use or stand-by designation of the backbone VLAN trunks. Howev~r, as discussed 

above with reference to claims 1 and 17. Gai expressly takes into account whether a 

physical VLAN is active or stand-by in making the association, and is therefore the 

opposite of "irrespective". 

Claims 31-44 are dependent on claim 30 and include the same limitations discussed 

above. Claim 45 is directed to an NMS which includes the limitations of claim 30. Since 

Gai does not teach each and every element of the claims, the Applicant respectfully submits 

that claims 30-45 are not anticipated by Oai. 

The Examiner is kindly asked to consider the aspect of the invention reflected in 

claims 30-4S. namely the NMS interface whose inventive elements simplify provisioning of 

backbone VLANs. The Applicant made such a request in response to the previous Office 

Action, but the Examiner has again failed to address the specific elemenr.s of claims 30-45, 

. and has not addressed our previous arguments with respect to claims 30-45. 

15 

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Art Unit 2616 

--- MARKS~ CLERK 

In view of the foregoing, it is·believed that the claims at present on file and as 

amended herein are in condition for allowance. Reconsideration and action to this end is 

respectfully requested. 

MARKS & CLERK 

P.O. Box 957, Station B 

Ottawa, ON KIP 5S7 (613)236-9561 

16 

Respectfully submitted, 

S. 

~~ 

Mark Budd 

Registration No. 53,880 

Agent of Record 

~017 

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