throbber
UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`70813
`7590
`10/08/2013
`GOODWIN PROCTER LLP
`901 NEW YORK A VENUE, N.W.
`WASHINGTON, DC 20001
`
`EXAMINER
`
`BATES, KEVIN T
`
`ART UNIT
`
`PAPER NUMBER
`
`2456
`
`DATE MAILED: 10/08/2013
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`08/487,649
`
`06/07/1995
`
`JOHN C. HARVEY
`
`5634.344
`
`7918
`
`TITLE OF INVENTION: SIGNAL PROCESSING APPARATUS AND METHODS
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
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`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATEDUE
`
`nonprovisional
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`UNDISCOUNTED
`
`$1780
`
`$0
`
`$0
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`01/08/2014
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
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`PTOL-85 (Rev. 02/11)
`
`Page 1of4
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 1
`
`

`
`PART B - FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`70813
`7590
`10/08/2013
`GOODWIN PROCTER LLP
`901 NEW YORK A VENUE, N.W.
`WASHINGTON, DC 20001
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`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`08/487,649
`
`06/07/1995
`
`JOHN C. HARVEY
`
`5634.344
`
`7918
`
`TITLE OF INVENTION: SIGNAL PROCESSING APPARATUS AND METHODS
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATEDUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1780
`
`$0
`
`$0
`
`$1780
`
`01/08/2014
`
`EXAMINER
`
`BATES, KEVIN T
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`2456
`
`725-135000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
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`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
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`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`(A) NAME OF ASSIGNEE
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`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 0 Corporation or other private group entity 0 Government
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`4a. The following fee(s) are submitted:
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`(enclose an extra copy of this form).
`overpayment, to Deposit Account Number
`
`PTOL-85 (Rev. 02/11)
`
`Page 2 of 4
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 2
`
`

`
`5. Change in Entity Status (from status indicated above)
`0 Applicant certifying micro entity status. See 37 CFR 1.29
`0 Applicant asserting small entity status. See 37 CFR 1.27
`0 Applicant changing to regular undiscounted fee status.
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`Typed or printed name ______________________ _
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`This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and
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`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
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`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 02/11) Approved for use through 08/31/2013.
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`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 3 of 4
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 3
`
`

`
`UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`08/487,649
`
`06/07/1995
`
`JOHN C. HARVEY
`
`5634.344
`
`7918
`
`70813
`7590
`10/08/2013
`GOODWIN PROCTER LLP
`901 NEW YORK A VENUE, N.W.
`WASHINGTON, DC 20001
`
`EXAMINER
`
`BATES, KEVIN T
`
`ART UNIT
`
`PAPER NUMBER
`
`2456
`
`DATE MAILED: 10/08/2013
`
`Determination of Patent Term Extension or Adjustment under 35 U.S.C. 154 (b)
`(application filed prior to June 8, 1995)
`
`This patent application was filed prior to June 8, 1995, thus no Patent Term Extension or Adjustment applies.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571 )-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 4 of 4
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 4
`
`

`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with
`your submission of the attached form related to a patent application or patent. Accordingly, pursuant to
`the requirements of the Act, please be advised that: (1) the general authority for the collection of this
`information is 35 U.S.C. 2(b )(2); (2) furnishing of the information solicited is voluntary; and (3) the
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`The information provided by you in this form will be subject to the following routine uses:
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`1. The information on this form will be treated confidentially to the extent allowed under the Freedom
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`5. A record related to an International Application filed under the Patent Cooperation Treaty in this
`system of records may be disclosed, as a routine use, to the International Bureau of the World
`Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for
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`Act (42 U.S.C. 218(c)).
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`8. A record from this system of records may be disclosed, as a routine use, to the public after either
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`U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CPR 1.14, as a
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`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local
`law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
`regulation.
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 5
`
`

`
`Notices of Allowance and Fee(s) Due mailed between October 1, 2013 and
`December 31, 2013
`
`(Addendum to PTOL-85)
`
`If the "Notice of Allowance and Pee(s) Due" has a mailing date on or after October 1, 2013 and before
`January 1, 2014, the following information is applicable to this application.
`
`If the issue fee is being timely paid on or after January 1, 2014, the amount due is the issue fee and
`publication fee in effect January 1, 2014. On January 1, 2014, the issue fees set forth in 37 CPR 1.18
`decrease significantly and the publication fee set forth in 37 CPR 1.18(d)(l) decreases to $0.
`
`If an issue fee or publication fee has been previously paid in this application, applicant is not entitled to a
`refund of the difference between the amount paid and the amount in effect on January 1, 2014.
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 6
`
`

`
`Notice of Allowability
`
`Application No.
`08/487,649
`Examiner
`KEVIN BATES
`
`Applicant(s)
`HARVEY ET AL.
`AIA (First Inventor to
`Art Unit
`File) Status
`2456
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. [gl This communication is responsive to 9-5-2013.
`DA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on ___ .
`2. D An election was made by the applicant in response to a restriction requirement set forth during the interview on __ ; the restriction
`requirement and election have been incorporated into this action.
`
`3. [gl The allowed claim(s) is/are 90.93-96.98-102 and 104-107. As a result of the allowed claim(s), you may be eligible to benefit from the
`Patent Prosecution Highway program at a participating intellectual property office for the corresponding application. For more
`information, please see htt.Q://www.usgto.gov/Qatents/init events/Q.Qh/indexjsg_ or send an inquiry to PPHfeedback@us2to.gov .
`4. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`*c) D None of the:
`a) D All
`b) D Some
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number {see 37 CFR 1 .84{c)) should be written on the drawings in the front {not the back) of
`each sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1. 121 {d).
`6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. D Notice of References Cited (PT0-892)
`2. D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`3. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`
`/KEVIN BATES/
`Primary Examiner, Art Unit 2456
`
`5. [gl Examiner's Amendment/Comment
`6. [gl Examiner's Statement of Reasons for Allowance
`7. D Other __ .
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20131001
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 7
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 2
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`DETAILED ACTION
`
`This Office Action is in response to an interview held on September 5, 2013.
`
`The terminal disclaimer has been received on September 30, 2013.
`
`Claims 90-107 are pending in this application.
`
`EXAMINER'S AMENDMENT
`
`An examiner's amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`Authorization for this examiner's amendment was given in a telephone interview
`
`with Carl Benson on September 24, 2013.
`
`The application has been amended as follows:
`
`1-89. (Canceled)
`
`90.
`
`(Currently Amended) A method of controlling a receiver station,
`
`comprising the steps of:
`
`selecting a portion of a multichannel broadcast or cablecast transmission,
`
`said multichannel broadcast or cablecast transmission including one or more
`
`control signals, each control signal comprising at least an information segment
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 8
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 3
`
`and an execution segment, and a series of processor code modules defining a
`
`signaling protoeol;
`
`assembling said series of processor code modules into executable code
`
`defining a plurality of signaling routines;
`
`executing said executable code to program said receiver station to select
`
`a signaling routine from said plurality of signaling routines;
`
`processing said selected portion in accordance with said selected
`
`signaling routine to extract information about said one or more control signals;
`
`locating or identifying said one or more control signals based on said step
`
`of processing said selected portion;
`
`receiving mass medium programming;
`
`processing said one or more control signals to select or generate
`
`information to supplement or complete said mass medium programming;
`
`presenting said mass medium programming and said selected or
`
`generated information.
`
`eontrolling said reeeiver station to reeeive, proeess, or present television
`
`or eomputer programming based on said one or more eontrol signals; and
`
`programming said reeeiver station with a plurality of signaling protoeols
`
`defined by said series of proeessor eode modules.
`
`91.
`
`(Cancelled) The method of elaim 90, wherein said reeeiver station seleets
`
`or proeesses said portion of said multiehannel broadeast or eableeast transmission on
`
`the basis of one of the plurality of signaling protoeols defined by said series of proeessor
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 9
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 4
`
`eode modules, said method further eomprising the step of programming said reeeiver
`
`station to seleet a signaling protoeols required to seleet or proeess said portion of said
`
`broadeast or eableeast transmission.
`
`92.
`
`(Cancelled) The method of elaim 90, further eomprising the steps of:
`
`loeating or identifying a plurality of desirable eontrol signals on the basis of
`
`different speeifie ones of said plurality of signaling protoeols.
`
`93.
`
`(Previously Presented) The method of claim 90, wherein said receiver
`
`station locates or identifies one or more of said one or more control signals according to
`
`a varying pattern of timing, said method further comprising the step of programming
`
`said receiver station to locate or identify said one or more of said one or more control
`
`signals according to said pattern of timing.
`
`94.
`
`(Previously Presented) The method of claim 90, wherein said receiver
`
`station locates or identifies one or more of said one or more control signals according to
`
`a varying pattern of location, said method further comprising the step of programming
`
`said receiver station to detect or identify said one or more of said one or more control
`
`signals according to said pattern of location.
`
`95.
`
`(Previously Presented) The method of claim 90, wherein said receiver
`
`station locates or identifies said one or more control signals on the basis of a pattern of
`
`composition, said method further comprising the step of programming said receiver
`
`station to select said portion of said multichannel broadcast or cablecast transmission
`
`on the basis of one of the plurality of signaling protoeols routines defined by the
`
`executable code series of proeessor eode modules.
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 10
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 5
`
`96.
`
`(Currently Amended) A method of controlling a receiver station,
`
`comprising the steps of:
`
`receiving a multichannel transmission, said multichannel transmission
`
`including one or more control signals that designates programming, each control
`
`signal comprising at least an information segment and an execution segment,
`
`and a series of processor code modules;
`
`selecting a portion of said multichannel transmission;
`
`assembling said series of processor code modules into executable code
`
`defining a plurality of signaling routines;
`
`executing said executable code to program said receiver station to select
`
`a signaling routine from said plurality of signaling routines;
`
`processing said selected portion to extract information about said one or
`
`more control signals in accordance with a said signaling routine protoeol selected
`
`from a said plurality of variable signaling protoeols routines;
`
`locating or identifying said one or more control signals based on said step
`
`of processing said selected portion;
`
`eontrolling said reeeiver station to reeeive, proeess, or present said
`
`programming based on said one or more eontrol signals.
`
`receiving said programming;
`
`processing said one or more control signals to select or generate
`
`information to supplement or complete said programming;
`
`presenting said programming and said selected or generated information.
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 11
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 6
`
`97.
`
`(Cancelled) The method of elaim 96, wherein said reeeiver station seleets
`
`or proeesses said portion of said multiehannel transmission on the basis of a signaling
`
`protoeol defined by said series of proeessor instruetions, said method further eomprising
`
`the step of programming said reeeiver station to seleet said signaling protoeol required
`
`to seleet or proeess said portion of said transmission.
`
`98.
`
`(Previously Presented) The method of claim 96, further comprising the
`
`steps of:
`
`programming said reeeiver station with said plurality of signaling protoeols
`
`defined by a series of proeessor instruetions; and
`
`locating or identifying a plurality of desirable control signals on the basis of
`
`different specific ones of said plurality of signaling protoeols routines.
`
`99.
`
`(Previously Presented) The method of claim 96, wherein said receiver
`
`station locates or identifies one or more of said one or more control signals according to
`
`a varying pattern of timing, said method further comprising the step of programming
`
`said receiver station to locate or identify said one or more of said one or more control
`
`signals according to said pattern of timing.
`
`100.
`
`(Previously Presented) The method of claim 96, wherein said receiver
`
`station locates or identifies one or more of said one or more control signals according to
`
`a varying pattern of location, said method further comprising the step of programming
`
`said receiver station to detect or identify said one or more of said one or more control
`
`signals according to said pattern of location.
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 12
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 7
`
`101.
`
`(Previously Presented) The method of claim 96, wherein said receiver
`
`station locates or identifies said one or more control signals on the basis of an
`
`encryption scheme, said method further comprising the step of programming said
`
`receiver station to select said portion of said multichannel transmission on the basis of
`
`an encryption scheme defined by a series of processor instructions.
`
`102.
`
`(Previously Presented) A method of controlling a receiver station,
`
`comprising the steps of:
`
`selecting a portion of a multichannel broadcast or cablecast transmission,
`
`said multichannel broadcast or cablecast transmission including one or more
`
`control signals, each control signal comprising at least an information segment
`
`and an execution segment and a series of processor code modules;
`
`assembling said series of processor code modules into executable code
`
`defining a plurality of variable signaling routines;
`
`executing said executable code to program said receiver station to select
`
`a variable signaling routine from said plurality of variable signaling routines;
`
`processing said selected portion to extract information about said one or
`
`more control signals in accordance with said variable signaling routine selected
`
`from said plurality of variable signaling routines;
`
`locating or identifying said one or more control signals based on said step
`
`of processing said selected portion;
`
`receiving computer programming;
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 13
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 8
`
`eontrolling automatieally said reeeiver station to reeeive and proeess
`
`eomputer programming based on a first portion of said one or more eontrol
`
`signals; and
`
`processing a first portion of said one or more control signals to select or
`
`generate information to supplement or complete said computer programming;
`
`displaying outputting automatically output of said computer programming
`
`and said selected or generated information based on at least a second portion of
`
`said one or more control signals.
`
`103.
`
`(Cancelled) The method of elaim 102, wherein said reeeiver station
`
`seleets or proeesses said portion of said multiehannel broadeast or eableeast
`
`transmission on the basis of a signaling protoeol defined by said series of proeessor
`
`instruetions, said method further eomprising the step of programming said reeeiver
`
`station to seleet a signaling protoeol required to seleet or proeess said portion of said
`
`broadeast or eableeast transmission.
`
`104.
`
`(Previously Presented) The method of claim 102, further comprising the
`
`steps of:
`
`programming said reeeiver station with a plurality of signaling protoeols
`
`defined by a series of proeessor instruetions; and
`
`locating or identifying a plurality of desirable control signals on the basis of
`
`different specific ones of said plurality of variable signaling protoeols routines.
`
`105.
`
`(Previously Presented) The method of claim 102, wherein said receiver
`
`station locates or identifies one or more of said one or more control signals according to
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 14
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 9
`
`a varying pattern of timing, said method further comprising the step of programming
`
`said receiver station to locate or identify said one or more of said one or more control
`
`signals according to said pattern of timing.
`
`106.
`
`(Previously Presented) The method of claim 102, wherein said receiver
`
`station locates or identifies one or more of said one or more control signals according to
`
`a varying pattern of location, said method further comprising the step of programming
`
`said receiver station to detect or identify said one or more of said one or more control
`
`signals according to said pattern of location.
`
`107.
`
`(Previously Presented) The method of claim 102, wherein said receiver
`
`station locates or identifies said one or more control signals on the basis of a pattern of
`
`composition, said method further comprising the step of programming said receiver
`
`station to select said portion of said multichannel broadcast or cablecast transmission
`
`on the basis of a signaling protocol defined by a series of processor instructions.
`
`Terminal Disclaimer
`
`The terminal disclaimer filed on September 30, 2013 disclaiming the terminal
`
`portion of any patent granted on this application which would extend beyond the
`
`expiration date of 7,856,649 has been reviewed and is accepted. The terminal
`
`disclaimer has been recorded.
`
`Double Patenting
`
`PMC Exhibit 2019
`Apple v. PMC
`IPR2016-00755
`Page 15
`
`

`
`Application/Control Number: 08/487,649
`Art Unit: 2456
`
`Page 1 O
`
`The Double Patenting rejection of claims 90-107 is hereby withdrawn in light of
`
`the approved terminal disclaimer.
`
`Claim Rejections - 35 USC § 102
`
`The 35 USC §102(b) rejection of claims 96, 98-100 102, and 104-107, as
`
`anticipated by Fletcher, is hereby withdrawn in light of the examiner's amendment.
`
`The 35 USC §102(e) rejection of claims 90 and 93-95, as anticipated by Willams,
`
`is hereby withdra

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