throbber
122905.1 74559
`
`page I
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Patent: 8,558,950 B 1
`
`Date oflssue: Oct. 15, 2013
`
`Name of Patentee: John Christopher Harvey and James William Cuddihy
`
`Title oflnvention: SIGNAL PROCESSING APPARATUS AND METHODS
`
`August 29, 2018
`
`Mail Stop Ex parte REEXAM
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`STREAMLINED EX PARTE REEXAMINATION REQUEST
`
`Dear Sir:
`
`Reexamination under 35 U.S.C. §§ 302-307 and 37 C.F.R. § 1.510 is requested of United States
`
`Patent number 8,558,950 B 1, which issued on Oct. 15, 2013, to John Christopher Harvey and
`
`James William Cuddihy. U.S. Patent 8,558,950 B 1 is still enforceable.
`
`Identification of Claims for Which Reexamination Is Requested
`
`In accordance with 37 C.F.R. § 1.510, reexamination of claims 1, 5, and 8 of U.S. Patent
`
`8,558,950 B 1 is requested, in view of the following references:
`
`Costantini et al., U.S. Patent 4,454,577. ("Costantini")
`
`Metcalfe et al., "Ethernet: Distributed Packet Switching for Local Computer Networks",
`
`Communications of the ACM, July 1976, Vol. 19, No. 7, pp. 395-404.
`
`("Metcalfe")
`
`Form PTO-SB-08A is attached with the above references listed.
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 1
`
`

`

`122905.1 74559
`
`page 2
`
`Statement Pointing Out Each Substantial New Question of Patentability
`
`Costantini and Metcalfe were not of record in the file of U.S. Patent 8,558,950 B 1. Costantini
`
`describes a system and apparatus for communication of instructions from a master computer to a
`
`slave computer, and a response by the slave computer to the master computer of test equipment
`
`measurement results. Metcalfe describes a system and apparatus for communication of
`
`information between computers in a network. The teachings of Costantini in view of Metcalfe
`
`could be considered to raise a substantial new question of patentability for claims 1, 5, and 8.
`
`Issued claims 1, 5, and 8 have a Nov. 3, 1981 priority date through the parent U.S. Patent
`
`4,694,490 of the instant continuation-in-part U.S. Patent 8,558,950 Bl.
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 2
`
`

`

`122905.1 74559
`
`page 3
`
`Detailed Explanation Under 37 C.F.R. § l .510(b)
`
`1. Claim 1 of U.S. Patent 8,558,950 Bl may be unpatentable under 35 U.S.C § 103(a) as being
`
`obvious over Costantini in view of Metcalfe, as shown by the following claim chart:
`
`U.S. 8,558,950 Bl
`
`Costantini in view of Metcalfe
`
`1. A method of
`
`Fig. 1 of Costantini shows a slave computer (SC or SL) comprising a
`
`providing statistics on CPU, memory, and 1/0. The slave computer receives signals from the
`
`at least one of avail-
`
`master computer (MC), which also comprises a CPU, memory, and
`
`ability, use and usage 1/0, using a wired communication pathway including lines (26, 41),
`
`of signals at a user
`
`cable (40), link 10, and buffer 14.
`
`station, said user
`
`station having a
`
`computer for
`
`processing and
`
`outputting
`
`information in
`
`response to signals,
`
`said method
`
`comprising the steps
`
`of:
`
`Costantini states, " A link (10) exchanges data between a master (MC)
`
`and slave (SC) computer. Each computer has control lines (26A, 42)
`
`and incompatible information li nes (26B, 26C, CAl-15, CXl-21).
`The master computer (MC) includes a master interface (28) connected
`
`to the information and control lines (26) of the master computer
`
`(MC). The master interface (28) has separate intercommunication
`
`lines (LAIB) and intermediate (34) lines. This master interface (28) is
`
`able to provide an intermediate signal on its intermediate lines (34) in
`
`response to signals provided by the master computer (MC) on its
`
`control lines (26A). The link(] 0) includes a computing subsystem
`
`(30) and a slave interface (38). The computing subsystem (30) is
`
`connected to the intercommunication (LAIB) and intermediate (34)
`
`lines of the master interface (28). The computing subsystem (30) has
`
`command lines (36) for providing thereon a command signal in
`
`response to the intermediate signal. The slave interface (38) is
`
`connected to the intercommunication lines (LAIB) of the master
`
`interface (28), to the command li nes (36) of the computing subsystem
`
`(30) and to the control lines (42) of the slave computer (SC). The
`
`slave interface (38) can provide a signal to the control lines (42) of the
`
`slave computer (SC) in response to the command signal." (Costantini,
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 3
`
`

`

`122905. 174559
`
`page4
`
`Abstract.)
`
`receiving a signal
`
`Fig. 3 of Costantini shows in step ST3, "transmit program from
`
`from a remote source; master", and in step ST4, "store instructions from master" .
`
`Accordingly, the slave computer receives a program from the master
`
`computer.
`
`passing an instruction Fig. 3 of Costantini shows in step ST9, "slave runs instructions and
`
`included in said
`
`relay results" . Accordingly, the slave computer passes the received
`
`signal to said
`
`instructions from step ST4 and runs the instructions to control meters
`
`computer, said
`
`and sources 22 (shown in Fig. 1) to exercise a test unit 24 (shown in
`
`computer performing Fig. 1 ).
`a function in response Costantini states, "The instructions thus conveyed are coupled through
`to said instruction;
`buffer 14 (FIG. 1) to cause slave computer SL to operate the
`
`appropriate instruments and stimulating devices in rack 22 (FIG. 1),
`
`perform the requested tests and return on lines 23 the requested
`
`measurements." (Costantini, 5:7-12.)
`
`selecting a portion of Costantini states, "The foregoing system can perform numerous
`
`said signal;
`
`functions. For example, the master computer can transmit a program
`
`through the link to the slave computer to reprogram it. Also, the
`
`master computer can be used for interactive debugging. For example,
`
`the master computer can send instructions to the slave causing it to
`
`execute one of its programming steps and then pause. The master
`
`computer can then read and display various registers or memory cells
`
`from the slave computer. In addition, the master computer can change
`
`the contents of the slave computer memory at a specified address by
`
`transmitting a change order to the slave.
`
`"Moreover, for embodiments where the slave computer
`
`controls test instruments and stimulative devices, the master computer
`
`can instruct the slave to operate its test instruments and stimulative
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 4
`
`

`

`122905.1 74559
`
`page 5
`
`devices in a given manner. The measurements obtained by the
`
`instruments can be relayed back to the master computer for display."
`
`(Costantini, 2:8-25.)
`
`In Fig. 2 of Metcalfe, a communication packet is shown. The packet
`
`based communication system of Metcalfe may be used in place of, or
`
`augmented into, the wired communication pathway of Costantini. As
`
`such, the destination and source addresses are required in Metcalfe' s
`
`packet based communication system. For Costantini' s slave computer
`
`to respond to the master computer, the slave computer would need to
`
`locally store the source address of the master computer, so that the
`
`destination address may be filled with the master computer' s address
`
`when the slave computer responds to the master computer' s requests.
`
`selecting a local
`
`Fig. 3 of Costantini shows in step STlO, " relay results from slave to
`
`datum at said user
`
`master". Accordingly, the slave computer will send the measurement
`
`station;
`
`results to the master computer. The measurement results may be an
`
`example of the claimed "local datum" .
`
`creating a record
`
`In Fig. 2 of Metcalfe, a communication packet is shown. The packet
`
`including said
`
`based communication system of Metcalfe may be used in place of, or
`
`selected portion and
`
`augmented into, the wired communication pathway of Costantini. As
`
`said selected local
`
`such, the destination and source addresses are required in Metcalfe' s
`
`datum; and
`
`packet based communication system. For Costantini' s slave computer
`
`to respond to the master computer, the slave computer would need to
`
`locally store the source address of the master computer, so that the
`
`destination address may be filled with the master computer' s address
`
`when the slave computer responds to the master computer' s requests.
`
`The packet would comprise the destination address of the master
`
`computer stored when the master computer transmitted the
`
`instructions, as in step ST3 of Fig. 3 in Costantini. Also, the
`
`measurement results would be at least part of the data in Fig. 2 of
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 5
`
`

`

`122905.1 74559
`
`page 6
`
`Metcalfe.
`
`communicating said
`
`Fig. 3 of Costantini shows in step STI 0, "relay results from slave to
`
`record to a remote
`
`master" . Accordingly, the slave computer will send the measurement
`
`device to confirm the
`
`results to the master computer. The claimed "function" may be the
`
`performing of said
`
`operation(s) defined by the transmitted instructions from the master
`
`function.
`
`computer to the slave computer to control meters and sources 22
`
`(shown in Fig. 1 of Costantini) to exercise a test unit 24 (shown in
`
`Fig. 1 of Costantini).
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 6
`
`

`

`122905.1 74559
`
`page 7
`
`2. Claim 5 of U.S. Patent 8,558,950 B1 may be unpatentable under 35 U.S.C § 103(a) as being
`
`obvious over Costantini in view of Metcalfe, as shown by the following claim chart:
`
`U.S. 8,558,950 Bl
`
`Costantini in view of Metcalfe
`
`5. A method of
`
`Fig. 1 of Costantini shows a slave computer (SC or SL) comprising a
`
`providing statistics on
`
`CPU, memory, and I/0. The slave computer receives signals from the
`
`at least one of
`
`master computer (MC), which also comprises a CPU, memory, and
`
`availability, use and
`
`I/0, using a wired communication pathway including lines (26, 41),
`
`usage of signals at a
`
`cable (40), link 10, and buffer 14.
`
`user station, said user
`
`station having a
`
`computer for
`
`processing and
`
`outputting
`
`information in
`
`response to signals,
`
`said method
`
`comprising the steps
`
`of:
`
`Costantini states, " A link (10) exchanges data between a master (MC)
`
`and slave (SC) computer. Each computer has control lines (26A, 42)
`
`and incompatible information lines (26B, 26C, CAl-15, CXl-21).
`
`The master computer (MC) includes a master interface (28) connected
`
`to the information and control lines (26) of the master computer
`
`(MC). The master interface (28) has separate intercommunication
`
`lines (LAIB) and intermediate (34) lines. This master interface (28) is
`
`able to provide an intermediate signal on its intermediate lines (34) in
`
`response to signals provided by the master computer (MC) on its
`
`control lines (26A). The link (10) includes a computing subsystem
`
`(30) and a slave interface (38). The computing subsystem (30) is
`
`connected to the intercommunication (LAIB) and intermediate (34)
`
`lines of the master interface (28). The computing subsystem (30) has
`
`command lines (36) for providing thereon a command signal in
`
`response to the intennediate signal. The slave interface (38) is
`
`connected to the intercommunication lines (LAIB) of the master
`
`interface (28), to the command lines (36) of the computing subsystem
`
`(30) and to the control lines (42) of the slave computer (SC). The
`
`slave interface (3 8) can provide a signal to the control lines ( 42) of the
`
`slave computer (SC) in response to the command signal." (Costantini,
`
`Abstract.)
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 7
`
`

`

`122905.1 74559
`
`page 8
`
`receiving a signal
`
`Fig. 3 of Costantini shows in step ST3, "transmit program from
`
`from one of a local
`
`master", and in step ST4, " store instructions from master''.
`
`and remote source;
`
`Accordingly, the slave computer receives a program from the master
`
`computer.
`
`passing an instruction Fig. 3 of Costantini shows in step ST9, "slave runs instructions and
`
`included in said
`
`relay results" . Accordingly, the slave computer passes the received
`
`signal to said
`
`instructions from step ST4 and runs the instructions to control meters
`
`computer, said
`
`and sources 22 (shown in Fig. 1) to exercise a test unit 24 (shown in
`
`computer performing Fig. 1).
`a function in response Costantini states, "The instructions thus conveyed are coupled through
`to said instruction;
`buffer 14 (FIG. 1) to cause slave computer SL to operate the
`
`appropriate instruments and stimulating devices in rack 22 (FIG. 1 ),
`
`perform the requested tests and return on Ii nes 23 the requested
`
`measurements." (Costantini, 5:7-12.)
`
`selecting a I ocal
`
`Fig. 3 of Costantini shows in step STl 0, "relay results from slave to
`
`datum, said local
`
`master". Costantini shows the slave computer may collect locally
`
`datum including at
`
`generated measurement results when he states, " Slave computer SL is
`
`least one of:
`
`shown connected through its input/output port and lines 23 to a
`
`(l) a time datum;
`
`plurality of peripherals. Four such peripherals connected to it are
`
`(2) a source datum;
`
`conventional line printer 16, punch tape reader 18, magnetic tape
`
`and
`
`memory 15 and computer displays 17. Also connected in this fashion
`
`(3) a user interest
`
`is a manual programmer shown herein as plurality of manual switches
`
`datum;
`
`20, one for each relevant bit. Switches 20 can be used to transmit a
`
`data word to slave computer SL for the purpose of controlling
`
`programming, reprogramming or debugging programs of slave
`
`computer SL." (Costantini, 3:7-18.) Accordingly, the slave computer
`
`will send the measurement results to the master computer. The
`
`measurement results may be an example of the claimed "user interest
`
`datum."
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 8
`
`

`

`122905.1 74559
`
`page 9
`
`creating a record
`
`Costantini states, "The foregoing system can perfo1m numerous
`
`including
`
`functions. For example, the master computer can transmit a program
`
`(i) information
`
`through the link to the slave computer to reprogram it. Also, the
`
`pertaining to said
`
`master computer can be used for interactive debugging. For example,
`
`instruction passed to
`
`the master computer can send instructions to the slave causing it to
`
`said computer and
`
`execute one of its programming steps and then pause. The master
`
`(ii) said selected local
`
`computer can then read and display various registers or memory cells
`
`datum;
`
`from the slave computer. In addition, the master computer can change
`
`the contents of the slave computer memory at a specified address by
`
`transmitting a change order to the slave.
`
`"Moreover, for embodiments where the slave computer
`
`controls test instruments and stimulative devices, the master computer
`
`can instruct the slave to operate its test instruments and stimulative
`
`devices in a given manner. The measurements obtained by the
`
`instruments can be relayed back to the master computer for display."
`
`(Costantini, 2:8-25.)
`
`In Fig. 2 of Metcalfe, a communication packet is shown. The packet
`
`based communication system of Metcalfe may be used in place of, or
`
`augmented into, the wired communication pathway of Costantini. As
`
`such, the destination and source addresses are required in Metcalfe' s
`
`packet based communication system. For Costantini 's slave computer
`
`to respond to the master computer, the slave computer would need to
`
`locally store the source address of the master computer, so that the
`
`destination address may be filled with the master computer' s address
`
`when the slave computer responds to the master computer's requests.
`
`The packet would comprise the destination address of the master
`
`computer stored when the master computer transmitted the
`
`instructions, as in step ST3 of Fig. 3 in Costantini. The master
`
`computer' s address may be the claimed "information pertaining to
`
`said instruction passed to said computer" because the master
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 9
`
`

`

`122905.1 74559
`
`page 10
`
`computer's address is associated with the source of the instruction to
`
`be performed by the slave computer. AJso, the measurement results
`
`would be at least part of the data in Fig. 2 of Metcalfe.
`
`formatting a digital
`
`In Fig. 2 of Metcalfe, a communication packet is shown. The packet
`
`signal including said
`
`based communication system of Metcalfe may be used in place of, or
`
`created record; and
`
`augmented into, the wired communication pathway of Costantini.
`
`Fig. 2 of Metcalfe shows a formatted packet comprising the
`
`destination address (e.g., master computer's address in a packet
`
`transmitted by the slave computer) and data comprising the claimed
`
`"record". Other portions of the packet, not part of the record, include
`
`the source address (e.g., slave computer's address in a packet
`
`transmitted by the slave computer), sync, and checksum.
`
`communicating said
`
`Fig. 3 of Costantini shows in step ST10, "relay results from slave to
`
`digital signal to a
`
`master" . Accordingly, the slave computer will send the measurement
`
`remote data collection
`
`results to the master computer.
`
`site.
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 10
`
`

`

`122905.1 74559
`
`page 11
`
`3. Claim 8 of U.S. Patent 8,558,950 B1 may be unpatentable under 35 U.S.C § 103(a) as being
`
`obvious over Costantini in view of Metcalfe, as shown by the following claim chart:
`
`U.S. 8,558,950 Bl
`
`Costantini in view of Metcalfe
`
`8. A method of
`
`Fig. 1 of Costantini shows a slave computer (SC or SL) comprising a
`
`providing statistics on
`
`CPU, memory, and I/0. The slave computer receives signals from the
`
`at least one
`
`master computer (MC), which also comprises a CPU, memory, and
`
`availability, use and
`
`I/0, using a wired communication pathway including lines (26, 41),
`
`usage of signals at a
`
`cable (40), link 10, and buffer 14.
`
`user station, said user
`
`station having a
`
`computer for
`
`processing and
`
`outputting
`
`information in
`
`response to signals,
`
`said method
`
`comprising the steps
`
`of:
`
`Costantini states, " A link (10) exchanges data between a master (MC)
`
`and slave (SC) computer. Each computer has control lines (26A, 42)
`
`and incompatible information lines (26B, 26C, CAl-15, CXl-21).
`
`The master computer (MC) includes a master interface (28) connected
`
`to the information and control lines (26) of the master computer
`
`(MC). The master interface (28) has separate intercommunication
`
`lines (LAIB) and intermediate (34) lines. This master interface (28) is
`
`able to provide an intermediate signal on its intermediate lines (34) in
`
`response to signals provided by the master computer (MC) on its
`
`control lines (26A). The link (10) includes a computing subsystem
`
`(30) and a slave interface (38). The computing subsystem (30) is
`
`connected to the intercommunication (LAIB) and intermediate (34)
`
`lines of the master interface (28). The computing subsystem (30) has
`
`command lines (36) for providing thereon a command signal in
`
`response to the intennediate signal. The slave interface (38) is
`
`connected to the intercommunication lines (LAIB) of the master
`
`interface (28), to the command lines (36) of the computing subsystem
`
`(30) and to the control lines (42) of the slave computer (SC). The
`
`slave interface (3 8) can provide a signal to the control lines ( 42) of the
`
`slave computer (SC) in response to the command signal." (Costantini,
`
`Abstract.)
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 11
`
`

`

`122905.1 74559
`
`page 12
`
`receiving a signal
`
`Fig. 3 of Costantini shows in step ST3, "transmit program from
`
`from a local or remote master", and in step ST4, " store instructions from master''.
`
`source;
`
`Accordingly, the slave computer receives a program from the master
`
`computer.
`
`passing an instruction Fig. 3 of Costantini shows in step ST9, "slave runs instructions and
`
`included in said
`
`relay results" . Accordingly, the slave computer passes the received
`
`signal to said
`
`instructions from step ST4 and runs the instructions to control meters
`
`computer, said
`
`and sources 22 (shown in Fig. 1) to exercise a test unit 24 (shown in
`
`computer performing Fig. 1).
`a function in response Costantini states, "The instructions thus conveyed are coupled through
`to said instruction;
`buffer 14 (FIG. 1) to cause slave computer SL to operate the
`
`appropriate instruments and stimulating devices in rack 22 (FIG. 1 ),
`
`perform the requested tests and return on Ii nes 23 the requested
`
`measurements." (Costantini, 5:7-12.)
`
`communicating
`
`Fig. 3 of Costantini shows in step STl 0, "relay results from slave to
`
`output from said
`
`master". Accordingly, the slave computer will send the measurement
`
`computer according
`
`results to the master computer. The claimed "function" may be the
`
`to said function;
`
`operation(s) defined by the transmitted instructions from the master
`
`computer to the slave computer to control meters and sources 22
`
`(shown in Fig. 1 of Costantini) to exercise a test unit 24 (shown in
`
`Fig. 1 of Costantini).
`
`selecting a local
`
`Fig. 3 of Costantini shows in step ST 10, "relay results from slave to
`
`datum, said local
`
`master". Costantini shows the slave computer may collect locally
`
`datum including at
`
`generated measurement results when he states, " Slave computer SL is
`
`least one of:
`
`shown connected through its input/output port and lines 23 to a
`
`(1) a time datum;
`
`plurality of peripherals. Four such peripherals connected to it are
`
`(2) a source datum;
`
`conventional line printer 16, punch tape reader 18, magnetic tape
`
`and
`
`memory 15 and computer displays 17. Also connected in this fashion
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 12
`
`

`

`122905.1 74559
`
`page 13
`
`(3) a user interest
`
`is a manual programmer shown herein as pluraJity of manual switches
`
`datum;
`
`20, one for each relevant bit. Switches 20 can be used to transmit a
`
`data word to slave computer SL for the purpose of controlling
`
`programming, reprogramming or debugging programs of slave
`
`computer SL." (Costantini, 3:7-18.) Accordingly, the slave computer
`
`will send the measurement results to the master computer. The
`
`measurement results may be an example of the claimed "user interest
`
`datum."
`
`creating a record
`
`Costantini states, "The foregoing system can perform numerous
`
`including
`
`functions. For example, the master computer can transmit a program
`
`(i) information
`
`through the link to the slave computer to reprogram it. Also, the
`
`pertaining to said
`
`master computer can be used for interactive debugging. For example,
`
`communicated output,
`
`the master computer can send instructions to the slave causing it to
`
`and
`
`execute one of its programming steps and then pause. The master
`
`(ii) said selected local
`
`computer can then read and display various registers or memory cells
`
`datum;
`
`from the slave computer. In addition, the master computer can change
`
`the contents of the slave computer memory at a specified address by
`
`transmitting a change order to the slave.
`
`"Moreover, for embodiments where the slave computer
`
`controls test instruments and stimulative devices, the master computer
`
`can instruct the slave to operate its test instruments and stimulative
`
`devices in a given manner. The measurements obtained by the
`
`instruments can be relayed back to the master computer for display."
`
`(Costantini, 2:8-25.)
`
`In Fig. 2 of Metcalfe, a communication packet is shown. The packet
`
`based communication system of Metcalfe may be used in place of, or
`
`augmented into, the wired communication pathway of Costantini. As
`
`such, the destination and source addresses are required in Metcalfe' s
`
`packet based communication system. For Costantini's slave computer
`
`to respond to the master computer, the slave computer would need to
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 13
`
`

`

`122905.1 74559
`
`page 14
`
`provide a source address, which would be the slave computer' s
`
`address, when the slave computer responds to the master computer' s
`
`requests. The slave computer' s address may be the claimed
`
`"information pertaining to said communicated output" because the
`
`slave computer' s address is associated with the source of the claimed
`
`"communicated output" . Also, the measurement results would be at
`
`least part of the data in Fig. 2 of Metcalfe.
`
`formatting a digital
`
`In Fig. 2 of Metcalfe, a communication packet is shown. The packet
`
`signal including said
`
`based communication system of Metcalfe may be used in place of, or
`
`created record; and
`
`augmented into, the wired communication pathway of Costantini.
`
`Fig. 2 of Metcalfe shows a formatted packet comprising the source
`
`address (e.g., slave computer's address in a packet transmitted by the
`
`slave computer) and data comprising the claimed "local datum" .
`
`Other portions of the packet, not part of the record, include the
`
`destination address (e.g., master computer' s address in a packet
`
`transmitted by the slave computer), sync, and checksum.
`
`communicating said
`
`Fig. 3 of Costantini shows in step ST 10, "relay results from slave to
`
`digital signal to a
`
`master" . Accordingly, the slave computer will send the measurement
`
`remote data collection
`
`results to the master computer.
`
`site.
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 14
`
`

`

`122905.1 74559
`
`Amendments
`
`page 15
`
`[n an effort to speed prosecution presuming the "Request For Reexamination" is granted, under
`
`37 C.F.R. § 1.510(e) proposed claim amendments for claims 1, 5, and 8, and newly submitted
`
`claims 48-64 are provided below. The amended and newly submitted claims do not broaden the
`
`claim scope of U.S. Patent 8,558,950 Bl. As shown below, all amended and new claims are
`
`supported by both the instant continuation-in-part patent and the parent patent, U.S. Patent.
`
`4,694,490, and claim a priority of November 3, 1981.
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 15
`
`

`

`122905.1 74559
`
`What is claimed is:
`
`page 16
`
`1. (Amended) A method of providing [statistics]statistical information on at least one of
`
`availability, use and usage of signals at a user station by collecting both received and local digital
`
`data identified at said user station, said user station having an instruction based, electronic
`
`computer for processing and outputting information in response to signals, said user station
`
`having a plurality of decryption techniques, wherein a particular decryption technique is selected
`
`based on at least one signal received via electronic transmission from a location geographically
`
`remote from said user station. each said decryption technique converting unintelligible digital
`
`information into machine readable, machine intelligible digital information, said method
`
`comprising the steps of:
`
`receiving a digital signal from a geographically remote source, wherein at least a portion of said
`
`digital signal comprises encrvpted digital content;
`
`decrypting said encrvpted digital content using at least one of said pluralitv of decryption
`
`techniques at said user station to form decrypted digital content;
`
`passing an instruction included in said digital signal to said instruction based, electronic
`
`computer, said instruction based, electronic computer performing a function in response to said
`
`instruction;
`
`selecting a portion of said digital signal;
`
`selecting a local datum at said user station based on said decrypted digital content;
`
`creating a record including said selected portion and said selected local datum; and
`
`communicating said record to a geographically remote device to confirm the performing of said
`
`function.
`
`Claims 2-4 have not been amended for purposes of this reexamination.
`
`5. (Amended) A method of providing [statistics]statistical information on at least one of
`
`availability, use and usage of signals at a user station by collecting digital data identified at said
`
`user station, said user station having an instruction based, electronic computer for processing and
`
`outputting information in response to signals, said user station having a plurality of decryption
`
`techniques, each said decryption technique converting unintelligible digital information into
`
`machine readable, machine intelligible digital information, said method comprising the steps of:
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 16
`
`

`

`122905.1 74559
`
`page 17
`
`receiving a signal comprising digital information from one of a local and geographically remote
`
`source;
`
`passing an instruction included in said signal to said instruction based, electronic computer, said
`
`instruction based, electronic computer performing a function in response to said instruction;
`
`receiving another signal via electronic transmission originated from a location geographically
`
`remote from said user station comprising encrypted digital mass media content, said step of
`
`receiving another signal based on said step of receiving a signal:
`
`decrypting using at least one of said plurality of decryption techniques said encrypted digital
`
`mass media content to form decrypted digital mass media content;
`
`displaying at least in part said decrypted digital mass media content at an output of said user
`
`station:
`
`selecting a local datum, said local datum including at least one of:
`
`( 1) a time datum;
`
`(2) a source datum; and
`
`(3) a user interest datum;
`
`creating a record including (i) information pertaining to said instruction passed to said instruction
`
`based, electronic computer and (ii) said selected local datum;
`
`formatting a digital signal incl uding said created record; and
`
`communicating said digital signal to a geographically remote data collection site.
`
`Claims 6-7 have not been amended for purposes of this reexamination.
`
`8. (Amended) A method of providing [statistics]statistical information on at least one of
`
`availability, use and usage of signals at a user station by collecting digital data identified at said
`
`user station, said user station having an instruction based, electronic computer for processing and
`
`outputting information in response to signals, said user station having a plurality of decryption
`
`techniques, each said decryption technique converting unintelligible digital information into
`
`machine readable, machine intelligible digital information, said method comprising the steps of:
`
`receiving a signal comprising digital information from a local or geographically remote source;
`
`passing an instruction included in said signal to said instruction based, electronic computer, said
`
`instruction based, electronic computer performing a function in response to said instruction;
`
`receiving another signal via electronic transmission comprising encrypted digital data:
`
`PMC Exhibit 2149
`Apple v. PMC
`IPR2016-00754
`Page 17
`
`

`

`122905. 174559
`
`page 18
`
`decrypting using at least one of said plurality of decryption techniques said encrypted digital data
`
`to form decrypted digital data;
`
`communicating output from said instruction based, electronic computer according to said
`
`function and based on said decrypted digital data;
`
`selecting a local datum, said local datum including at least one of:
`
`(1) a time datum;
`
`(2) a source datum; and
`
`(3) a user interest datum;
`
`creating a record including (i) information pertaining to said communicated output, and (ii) said
`
`selected local datum;
`
`formatting a digital signal including said created record; and
`
`communicating said digital signal to a geographically remote data collection site.
`
`Claims 9-47 have not been amended for purposes of this reexamination.
`
`48. (New) The method of claim 1, further comprising receiving at least one encrypted digital
`
`code via electronic transmission from a location geographically remote from said user station,
`
`further comprising decrypting said at least one encrypted digital code to form a decrypted digital
`
`code, wherein said decrypted digital code is at least in part used in said step of decrypti ng said
`
`encrypted digital content.
`
`49. (New) The method of claim 1, wherein said user station comprises an electronic user input
`
`and an output, further comprising displaying human intelli gible information based on at least a
`
`portion of said decrypted digital content using said output.
`
`50. (New) The method of claim 49, wherein said selecting said local datum is based on human
`
`activity with said electronic user input.
`
`ll (New) The method of claim 49, wherein said at least a portion of said decrypted digital
`content comprises mass media digital content.
`
`52. (New) The method of claim 1, wherein during said step of commu

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