I hereby certify that this paper (along with any paper referred to as being attached
`or enclosed) is being transmitted via the Office electro ·c filing system in
`accordance with§ 1.6(a)(4).
`
`Dated: December 30, 2008 Signature:
`
`Docket No.: 31436/43994
`(PATENT)
`
`IN THE UNITED ST ATES PA TENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
`Michael Tasler
`
`Application No.: 11/467,073
`
`Confirmation No.: 3012
`
`Filed: August 24, 2006
`
`For: ANALOG DATA GENERA TING AND
`PROCESSING DEVICE FOR USE WITH A
`PERSONAL COMPUTER
`
`Art Unit: 2181
`
`Examiner: C. K. Lee
`
`PRELIMINARY AMENDMENT
`
`MS Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`INTRODUCTORY COMMENTS
`
`Please enter this preliminary amendment in connection with the Request for Continued
`
`Examination that is being filed herewith. As a response to the Office Action dated October 2,
`
`2008 that contains a final rejection, please amend the above-identified U.S. patent application as
`
`follows:
`
`Amendments to the Claims are reflected in the listing of claims which begins on page 2
`
`of this paper.
`
`Remarks/Arguments begin on page 10 of this paper.
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 1
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`WE CLAIM:
`
`AMENDMENTS TO THE CLAIMS
`
`Docket No.: 31436/43994
`
`Please cancel claims 1-179 and add new claims 180-236 as noted hereinafter:
`
`1-179. (cancelled).
`
`180.
`
`(new) An analog data generating and processing device (ADGPD) for use with a
`
`personal computer (PC) having a multi-purpose interface (MPI) and at least one software driver,
`
`the ADGPD comprising:
`
`an i/o port designed to be operatively coupled to an MPI of a PC;
`
`a program memory;
`
`a data storage memory;
`
`a sensor designed to generate analog data from one or more analog waves to
`
`which the sensor is exposed;
`
`an ADGPD processor operatively coupled to the i/o port, the program memory,
`
`the data storage memory and the sensor;
`
`wherein the ADGPD is adapted to undergo a data generation process when the i/o
`
`port is not coupled to the MPI of the PC by which the sensor generates analog data, the analog
`
`data is processed, and the processed analog data is stored in the data storage memory as one or
`
`more files of digitized analog data; and
`
`wherein the ADGPD processor is adapted to initiate the data generation process
`
`and be involved in an automatic recognition process in which, after the i/o port has been
`
`operatively coupled to the MPI of the PC, the ADGPD processor executes at least one instruction
`
`2
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 2
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`set stored in the program memory and thereby causes at least one parameter regarding the
`
`ADGPD, which signifies that the ADGPD has the ability to transfer files of digital data in
`
`response to commands issued from the at least one software driver, to be automatically sent
`
`through the i/o port and to the MPI of the PC (a) without any type of user intervention at any
`
`time by means of the PC and (b) before a time when the PC is able to receive data files that are
`
`transferred to it from the ADGPD.
`
`181.
`
`(new) The ADGPD of claim 180, wherein the ADGPD is adapted to, after the at
`
`least one parameter has been sent to the PC, transfer one or more user-selected files of digitized
`
`analog data to the PC without requiring a user to have previously loaded file transfer enabling
`
`software on the PC.
`
`182.
`
`(new) The ADGPD of claim 181, wherein the ADGPD processor is adapted to
`
`execute one or more instructions sets stored in the program memory in response to commands
`
`from the at least one software driver and thereby transfer one or more user-selected files of
`
`digitized analog data from the data storage memory without requiring any user intervention by
`
`means of the PC after the commands are sent.
`
`183.
`
`(new) The ADGPD of claim 182, wherein the ADGPD processor is adapted to
`
`execute one or more instructions sets stored in the program memory and thereby cause ADGPD
`
`file system information to be automatically sent to the PC (a) without any type of user
`
`intervention at any time by means of the PC and (b) at a point in time before a time when the PC
`
`is able to receive data files that are transferred to it from the ADGPD.
`
`184.
`
`(new) The ADGPD of claim 183, wherein the at least one parameter is consistent
`
`3
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 3
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`with the ADGPD being a mass storage device.
`
`185.
`
`(new) The ADGPD of claim 184,
`
`Docket No.: 31436/43994
`
`wherein the ADGPD processor and the program memory are configured to cause,
`
`after the at least one parameter has been sent to the i/o port, file allocation table information to be
`
`sent to the i/o port,
`
`wherein the ADGPD processor and the program memory are configured to cause
`
`a virtual boot sequence to be sent to the i/o port which includes at least information that is
`
`representative of a number of sectors of a storage disk, and
`
`wherein the file allocation table information includes at least a start location of a
`
`file allocation table.
`
`186.
`
`(new) The ADGPD of claim 185, wherein the at least one parameter is consistent
`
`with the ADGPD being adapted to operate in a manner consistent with a hard disk drive.
`
`187.
`
`(new) The ADGPD of claim 186, wherein the ADGPD processor is formed in a
`
`single chip.
`
`188.
`
`(new) The ADGPD of claim 187, wherein the ADGPD processor includes a
`
`single central processing unit.
`
`189.
`
`(new) The ADGPD of claim 186, wherein the program memory is formed in a
`
`single chip.
`
`190.
`
`(new) The ADGPD of claim 189, wherein the program memory comprises a
`
`single memory device.
`
`191.
`
`(new) The ADGPD of claim 186, wherein the data storage memory comprises a
`
`4
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 4
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`single memory device.
`
`Docket No.: 31436/43994
`
`192.
`
`(new) The ADGPD of claim 183, wherein the ADGPD file system information
`
`comprises at least an indication of the type of a file system that is used to store each one of the
`
`one or more files of digitized analog data in the data storage memory.
`
`193.
`
`(new) The ADGPD of claim 180, further comprising an output device that is
`
`operatively coupled to the ADGPD processor, the output device being capable of generating one
`
`or more analog waves that are representative of at least some of the analog data that is generated
`
`by the sensor.
`
`194.
`
`(new) The ADGPD of claim 180, wherein the ADGPD processor and the
`
`program memory are configured to initiate a process by which one or more files of digitized
`
`analog data stored in the data storage memory are directly transferred to an input/output device
`
`by means of the i/o port.
`
`195.
`
`(new) The ADGPD of claim 194, wherein the ADGPD processor and the
`
`program memory are adapted to allow an aspect of operation of the ADGPD other than the
`
`transfer of at least some of the one or more files of digitized analog data from the data storage
`
`memory to the i/o port to be controlled by means of the PC.
`
`196.
`
`(new) The ADGPD of claim 180, wherein the at least one parameter is consistent
`
`with the ADGPD being a mass storage device.
`
`197.
`
`(new) The ADGPD of claim 180, wherein the at least one parameter is consistent
`
`with the ADGPD being responsive to a SCSI command set.
`
`198.
`
`(new) The ADGPD of claim 180, wherein the at least one parameter is not
`
`5
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 5
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`consistent with the true nature of the ADGPD.
`
`199.
`
`(new) The ADGPD of claim 180, wherein the at least one parameter does not
`
`indicate that the ADGPD includes the sensor.
`
`200.
`
`(new) The ADGPD of claim 180, wherein the at least one parameter is consistent
`
`with the ADGPD being an input/output device customary in a host device.
`
`201.
`
`(new) The ADGPD of claim 200, wherein the at least one parameter is consistent
`
`with the ADGPD being a hard disk drive.
`
`202.
`
`(new) The ADGPD of claim 180, wherein the ADGPD comprises at least a
`
`portion of a medical device.
`
`203.
`
`(new) The ADGPD of claim 180, wherein the ADGPD comprises at least a
`
`portion of a data acquisition system.
`
`204.
`
`(new) The ADGPD of claim 180, wherein the i/o port comprises a parallel port.
`
`205.
`
`(new) The ADGPD of claim 180, wherein the i/o port comprises a SCSI
`
`connector.
`
`206.
`
`(new) The ADGPD of claim 180, wherein the i/o port is adapted to be operatively
`
`coupled to a cable.
`
`207.
`
`(new) The ADGPD of claim 180, wherein the ADGPD is designed for use with a
`
`PC that has an operating system that is designed by a particular software company.
`
`208.
`
`(new) The ADGPD of claim 180, the ADGPD processor is formed in a single
`
`chip.
`
`209.
`
`(new) The ADGPD of claim 180, wherein the ADGPD processor comprises a
`
`6
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 6
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`single microprocessor.
`
`Docket No.: 31436/43994
`
`210.
`
`(new) The ADGPD of claim 180, wherein the ADGPD processor comprises a
`
`single digital signal processor.
`
`211.
`
`(new) The ADGPD of claim 180, wherein the program memory is formed in a
`
`single chip.
`
`212.
`
`(new) The ADGPD of claim 180, wherein the program memory comprises a
`
`single memory device.
`
`213.
`
`(new) The ADGPD of claim 180, wherein the data storage memory comprises a
`
`single memory device.
`
`214.
`
`(new) The ADGPD of claim 180, wherein the data storage memory comprises a
`
`semiconductor based memory.
`
`215.
`
`(new) The ADGPD of claim 180, wherein the ADGPD includes a flexible
`
`interface.
`
`216.
`
`(new) The ADGPD of claim 180, wherein the ADGPD includes a universal
`
`interface.
`
`217.
`
`(new) The ADGPD of claim 180, further comprising an ADGPD interface that is
`
`operatively coupled between the i/o port and the ADGPD processor.
`
`218.
`
`(new) The ADGPD of claim 217, wherein the ADGPD interface and the ADGPD
`
`processor are not formed in the same chip.
`
`219.
`
`(new) The ADGPD of claim 217, wherein the ADGPD interface comprises a
`
`SCSI interface.
`
`7
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 7
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`220.
`
`(new) The ADGPD of claim 217, wherein the ADGPD interface comprises a
`
`parallel logic circuit.
`
`221.
`
`(new) The ADGPD of claim 180, wherein the ADGPD includes a stand-alone
`
`interface device.
`
`222.
`
`(new) The ADGPD of claim 180, wherein the sensor is designed to have two-
`
`way communication with a PC.
`
`223.
`
`(new) The ADGPD of claim 180, wherein the sensor comprises a data
`
`transmit/receive device.
`
`224.
`
`(new) The ADGPD of claim 223, wherein the data transmit/receive device is
`
`designed to receive data from the PC.
`
`225.
`
`(new) The ADGPD of claim 180, wherein the sensor is designed to be decoupled
`
`from the ADGPD processor.
`
`226.
`
`(new) The ADGPD of claim 1 80, further comprising a plug that is designed to
`
`operatively couple the sensor to the ADGPD processor.
`
`227.
`
`(new) The ADGPD of claim 226, wherein the sensor is designed to be decoupled
`
`from the plug.
`
`228.
`
`(new) The ADGPD of claim 180, wherein the sensor includes at least first and
`
`second transducers that are designed to generate analog data that corresponds to first and second
`
`analog waves, respectively, to which the first and second transducers are exposed.
`
`229.
`
`(new) The ADGPD of claim 180, wherein the ADGPD processor and the
`
`program memory are configured to be involved with the automatic recognition process as a
`
`8
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 8
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`response to a SCSI inquiry command.
`
`Docket No.: 31436/43994
`
`230.
`
`(new) The ADGPD of claim 180, wherein the ADGPD processor is adapted to
`
`execute the at least one instruction set to thereby directly cause the at least one parameter
`
`regarding the ADGPD to be automatically sent to the PC.
`
`231.
`
`(new) The ADGPD of claim 230, wherein the ADGPD processor is formed in a
`
`single chip.
`
`232.
`
`(new) The ADGPD of claim 231, wherein the ADGPD processor includes a
`
`single central processing unit (CPU).
`
`233.
`
`(new) The ADGPD of claim 231, wherein the program memory comprises a
`
`single memory device.
`
`234.
`
`(new) The ADGPD of claim 180, wherein the analog data is processed by being
`
`subject to a fast Fourier transform.
`
`235.
`
`(new) The ADGPD of claim 180, wherein the ADGPD processor is adapted to,
`
`after the at least one parameter has been sent to the PC, execute one or more instruction sets and
`
`thereby cause one or more user-selected files of digitized analog data to be transferred to the PC
`
`without requiring a user to have previously loaded file transfer enabling software on the PC.
`
`236.
`
`(new) A combination comprising the ADGPD of claim 180 and a PC.
`
`9
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 9
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`This responds to the Office Action dated October 2 2008. Claims 1-179 have been
`
`REMARKS
`
`cancelled, and new claims 180-236 have been inserted in their place.
`
`Preliminary Remarks
`
`The Examiner is respectfully requested to consider only the remarks and amendments
`
`made in this Preliminary Amendment, as well as any remarks made in any interview that takes
`
`place after this document is filed, when considering the patentability of the new claims. Please
`
`disregard all remarks and/or amendments made in all other papers filed in any application related
`
`to this application or previously filed in this application. Also, please disregard all remarks made
`
`in any telephone or e-mail communication or in any interview with the undersigned attorney that
`
`took place prior to the filing of this preliminary amendment.
`
`An Information Disclosure Statement is being filed herewith. The Examiner also is
`
`respectfully requested to review all of the references identified in the IDS, as well as all other
`
`references of record, when considering the patentability of the new claims.
`
`Regarding the new claims, please note that a PC, an MPI and at least one software driver
`
`are recited in the preamble of claim 180. While these words do appear in the body of the claim,
`
`they are referenced there only for the purpose of better describing the structure of the claimed
`
`ADGPD. It is the applicant's specific intention regarding the scope of the new claims that:
`
`•
`
`•
`
`new claims 180-235 read on, for example, an ADGPD that includes structure
`corresponding to each limitation of each claim,
`
`new claims 180-235 do not read on, for example, the combination of an ADGPD
`and a personal computer,
`
`10
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 10
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`it is not proper to read the "PC," the "MPI" and/or the "at least one software
`driver" into any of claims 180-235,
`
`new claims 180-183, 192-195, 197-200 and 202-235 cover but are not limited to
`an ADGPD that operates in a manner consistent with a mass storage device,
`
`it is not proper to put a time limitation on the "at least one software driver" to
`limit the scope of any new claim to cover only an ADGPD that only responds to
`commands from a particular time limited set of software driver(s),
`
`the "ADGPD processor" of new claims 180-187, 189, 191-208, 211, 213-231 and
`234-235 reads on, for example, a cluster of two or more microprocessors that are
`formed in a single chip or in physically separate chips,
`
`new claims 180-224, 226 and 228-235 read on, for example, an ADGPD having a
`"sensor" that is not designed to be decoupled from the rest of the ADGPD,
`
`new claim 236 does read on, for example, the combination of an ADGPD and a
`PC,
`
`none of the new claims should be interpreted in accordance with 3 5 USC § 112,
`paragraph 6; and
`
`it is not proper to read the limitation of the "PC" from claim 236 into any of
`claims 180-235.
`
`The Claimed Invention
`
`All of the new claims positively recite the following claim language:
`
`"wherein the ADGPD processor is adapted to initiate the data generation process
`and be involved in an automatic recognition process in which, after the i/o connecter has
`been operatively coupled to the MPI of the PC, the ADGPD processor executes at least
`one instruction set stored in the program memory and thereby causes at least one
`parameter regarding the ADGPD, which signifies that the ADGPD has the ability to
`transfer files of digital data in response to commands issued from the at least one
`software driver, to be automatically sent through the i/o port and to the MPI of the PC (a)
`without any type of user intervention at any time by means of the PC and (b) before a
`time when the PC is able to receive data files that are transferred to it from the ADGPD."
`
`It is the applicant's specific intention that this language be interpreted as a single claim feature,
`
`11
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 11
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`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`which shall be referenced hereinafter as the multi-use automatic processor claim feature.
`
`However, for ease of explanation, this claim language that describes how the claimed "ADGPD
`
`processor" operates is broken down into five individual parts in order for the Examiner to better
`
`understand how those parts, when taken together, form exemplary claimed subject matter that is
`
`not taught or suggested by the purported combination of references cited in the October 1st
`
`Office Action.
`
`First, one aspect of the multi-use automatic processor claim feature is:
`
`"wherein the ADGPD processor is adapted to initiate the data generation process
`and be involved in an automatic recognition process."
`
`In view of this claim language, it can be seen that all of the new claims require that an "ADGPD
`
`processor" be a multi-use automatic processor that both initiates the "data generation process"
`
`and is involved in an "automatic recognition process." The "data generation process" concerns
`
`the generation and storage in a data storage memory of the ADGPD one or more files of
`
`digitized analog data. The "automatic recognition process" concerns the ADGPD processor
`
`providing the PC with at least one parameter regarding the ADGPD that, when received and
`
`processed by the PC, allows the PC to select, for file transfer purposes, at least one software
`
`driver already present in the PC when it is purchased by an end user.
`
`Exemplary structure corresponding to the above-quoted claim language is shown, for
`
`example, in Figure 2 of the instant application. In accordance with this exemplary embodiment,
`
`the DSP 1300 shown in Figure 2 is at least partially involved in an analog "data generation
`
`process" by, for example, implementing a fast Fourier transform on the analog data that is
`
`acquired from data transmit/receive device 16. The DSP 1300 is a multi-use automatic processor
`
`12
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 12
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`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`in that it also is involved in an "automatic recognition process" by which information is provided
`
`to the PC that, when received and processed by the PC, allows the PC to select at least one
`
`software driver already present in the PC when purchased by an end user to handle file transfers
`
`from the Figure 2 device to the PC. The new claims cover but are not limited to this structure.
`
`A first example of a product that does not include structure corresponding to the above-
`
`quoted claim language is a device having a "single use" processor that is adapted for a single use
`
`such as, for example, the provision of streamed video to a PC by the processor inside of the
`
`camera disclosed in U.S. Patent No. 5,948,091 to Kerigan et al. (the "Kerigan patent"). A
`
`second example of such a product is the "plug and play" peripheral that the Examiner contends is
`
`taught in the background of the invention of U.S. Patent No. 5,634,075 to Smith et al. (the
`
`"Smith patent"). The processor contained in such a hypothetical product is not capable of being
`
`used to, for example, generate analog data or to process the analog data that is generated.
`
`Second, another aspect of the multi-use automatic processor claim feature is the
`
`following claim language that specifies that the ADGPD processor
`
`"executes at least one instruction set and thereby causes at least one
`parameter .... to be automatically sent from the i/o port to the MPI of the PC."
`
`This means that it is the execution of the processing steps by the ADGPD processor (not any
`
`processing power provided by any program (e.g., the "card services" program) running on a PC)
`
`that allows the "ADGPD processor" to be involved in the claimed "automatic recognition
`
`process." This also means that it is the execution of the instruction set(s) by the "ADGPD
`
`processor" (and not some processor external to the PC or to the ADGPD) that causes the at least
`
`one parameter to be sent.
`
`13
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 13
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`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`Exemplary structure eorresponding to this claim feature is shown, for example, in Figure
`
`2 of the instant application. In accordance with this exemplary embodiment, DSP 1300 executes
`
`one or more instruction sets to cause at least one parameter regarding the Figure 2 device (e.g., a
`
`parameter consistent with the Figure 2 device being a mass storage device such as a hard disk
`
`drive) to be sent to the PC to which the Figure 2 device is connected. The new claims cover but
`
`are not limited to this exemplary structure.
`
`None of the following products include structure corresponding to the above-quoted
`
`claim language:
`
`a)
`
`b)
`
`c)
`
`a digital camera built around a memory card that affirmatively requires
`processing power to be provided by the "card services" program of the PC
`to which the camera is connected in order for the camera to be able to
`transfer pictures to it (e.g., the Nikon Cool pix 100 camera and the camera
`disclosed in JP Publication H8-l 3072);
`
`a digital camera that is connected to a PC through a box that (i) converts
`RS-232 voltage levels into voltage levels usable by a camera and that (ii)
`is kept in standby mode until the camera CPU detects that the PC has sent
`it a DTR signal which indicates that the PC is ready to have files
`transferred to it from the camera (e.g., the camera shown in U.S. Patent
`No. 6, 111,604 to Hashimoto et al. (the "Hashimoto patent"); and/or
`
`a "web cam" that streams video to a PC after the web cam has been
`connected to the PC such as the camera disclosed in the Kerigan patent
`that is recognized by a PC at least in part by means of a monitor processor
`( and not a camera processor) sending a digital extended display
`identification (DEDID) to a PC (col. 3, lines 3-7 of Kerigan).
`
`Third, another aspect of the multi-use automatic processor claim feature is that at least
`
`one parameter regarding the ADGPD is automatically sent to the MPI of the PC
`
`"without any type of user intervention at any time by means of the PC."
`
`The use of the quoted phrase in the new claims means that:
`
`14
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 14
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`• no user has to load an applications level program or a software driver onto a PC at
`any time in order to allow a peripheral device to be able to send "at least one
`parameter regarding the ADGPD" to a PC as quoted in the claims that, when
`received and processed by the PC, allows the PC to select at least one software
`driver to handle file transfers from the peripheral device; or
`
`• no user has to interact with a PC (e.g., setting up a file system) at any time in
`order to allow a peripheral device to be able to send "at least one parameter
`regarding the ADGPD" to a PC as quoted in the claims that, when received and
`processed by the PC, allows the PC to select at least one software driver to handle
`file transfers from the peripheral device.
`
`Exemplary structure corresponding to the above-quoted claim language is shown, for
`
`example, in Figure 2 of the instant application. In this exemplary embodiment, the DSP 1300 is
`
`adapted to respond to a device identification inquiry signal sent from an MPI of a PC by
`
`providing the PC with information that is consistent with the device shown in Figure 2 being, for
`
`example, a mass storage device such as a hard disk drive. The new claims cover but are not
`
`limited to this structure.
`
`None of the following products include structure corresponding to the above-quoted
`
`claim language:
`
`a)
`
`a digital camera or scanner that requires a user to interact with a PC (e.g.,
`use the PC to set up a file system in the digital camera or scanner) in order
`to be able to transfer images from the digital camera or scanner to the PC
`(see, for example, US Patent No. 6,256,452, which relates to a storage
`device for an electronic camera, and which requires that the storage device
`be "beforehand formatted" before it is attached to the camera ( column 2,
`line 59 of the '452 patent)) (see also, for example, US Patent No.
`6,088,532, the HDD of which is believed to operate in a manner consistent
`with the HDD that is used with the camera disclosed in the '452 patent)
`(see also, for example, US Patent No. 5,506,692 to Murata that requires
`the user to create a file system on the attached device before the Murata
`scanner can be used);
`
`b)
`
`a digital camera or scanner that requires a user to remove a storage device
`
`15
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 15
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`such as a memory card from the digital camera or scanner and then place
`the memory card in a PC card reader in order to be able to transfer images
`from the digital camera or scanner to the PC (see, for example, the Figure
`4A embodiment of US Patent No. 5,914,748 that was cited by the
`Examiner in the May, 2008 Office Action);
`
`a digital camera or scanner that requires a user to load a software driver
`and/or applications level program onto a PC in order to be able to transfer
`images from the digital camera or scanner to the PC (see, for example, the
`document attached to Supplemental Notice filed April 22, 2008, in which
`Casio, Inc. admits that the Casio QV-10 camera and the Kodak DCS200
`camera both need "a [ user loaded] software driver to retrieve images in the
`camera's memory") (see also, for example, US Patent No. 5,969,750 that
`requires a user to load a "vendor specific" driver onto a PC);
`
`a data acquisition system that requires a user to load an applications level
`program onto a PC in order to be able to transfer digitized analog data to
`the PC; and
`
`the "camera" disclosed in the Kerigan patent because, in order to use such
`a camera, a user is required to load software onto a PC to allow the PC to
`be able to understand what signals are provided on the pins of the
`connector that is used to implement the interface disclosed and claimed in
`Kerigan.
`
`d)
`
`e)
`
`f)
`
`Fourth, a still further aspect of the multi-use automatic processor claim feature is that it
`
`requires the execution of an instruction set by an "ADGPD processor" to cause the following
`
`parameter to be sent to the PC:
`
`"at least one parameter regarding the ADGPD, which signifies that the ADGPD
`has the ability to transfer files of digital data in response to commands from the at least
`one software driver."
`
`This claim language reads on, for example, the device shown in Figure 2 of the instant
`
`application. In accordance with this exemplary embodiment, while the Figure 2 device is
`
`capable of generating files of digitized analog data, it merely sends information to a PC that is
`
`consistent with the Figure 2 device being able to transfer files of digital data in response to
`
`16
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 16
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`commands from at least one software driver that is provided with the PC when it is initially
`
`purchased by an end user. One example of the claimed "parameter" is the fact that the ADGPD
`
`may be regarded by a PC to which it is connected as a mass storage device such as a hard disk
`
`drive, which signals to the PC that hard disk drive driver software should be utilized for file
`
`transfer purposes. The new claims cover but are not limited to this structure.
`
`A camera that would be known today as a "web cam," which merely provides a video
`
`input to be shown on a monitor after the camera has been operatively coupled thereto, is one
`
`example of a product that does not include structure corresponding to the above-quoted claim
`
`language. A specific example of such a "web cam" is shown in the Kerigan patent, where a
`
`camera sends an "input" ( current video data) to a PC so that the PC can change the "display
`
`data" (column 3, lines 30-35 of Kerigan). In contrast to the claimed invention, it is not the
`
`processor in the Kerigan patent that causes the camera to be recognized by the PC, it is the
`
`monitor processor that sends the DEDID signal to the PC.
`
`Fifth, another aspect of the multi-use automatic processor claim feature is that the at least
`
`one parameter is sent to the MPI of the PC
`
`"before a time when the PC is able to receive data files that are transferred to it
`from the ADGPD."
`
`This claim feature reads on, for example, the device shown in Figure 2 of the instant application.
`
`In accordance with this exemplary embodiment, the Figure 2 device is adapted to provide the PC
`
`with a response to one or more device identification inquiry signals. When the PC sends such
`
`signals out to a peripheral device, the PC is not yet ready to have files transferred to it from that
`
`peripheral device. Instead, after the PC receives and processes the at least one parameter
`
`17
`
`Papst Licensing GmbH & Co. KG - Exhibit 2010, p. 17
`
`

`

`Application No. 11/467,073
`Preliminary Amendment
`December 30, 2008
`
`Docket No.: 31436/43994
`
`regarding the Figure 2 device, the PC is then able to select at least one software drivers that are
`
`used to handle file transfers from the Figure 2 device. The new claims cover but are not limited
`
`to this exemplary embodiment.
`
`The camera disclosed in the Hashimoto patent is one example of a product that does not
`
`include structure corresponding to the above-quoted claim language. As discussed in greater
`
`detail hereinafter, it is impossible for the Hashimoto camera to be able to send signals to a PC to
`
`which it is connected before the PC sends the camera a DTR signal, which indicates that the PC
`
`is ready for camera related communication with the camera. At that time, the PC already has
`
`recognized how to communicate with the camera.
`
`It should be emphasized that the new claims cover but are not limited to the above-
`
`described embodiments of the claimed invention that are illustrated in the specification (e.g.,
`
`DSP 1300 being a single digital signal processor chip having a single CPU that directly causes
`
`the at least one parameter to be sent and that controls at least the processing of analog data that is
`
`generated). Rather, it is the applicant's specific intention that the new claims cover all modes of
`
`practicing the claimed invention, not just the above-described exemplary embodiments. For
`
`example, the new claims should be interpreted to cover an "ADGPD processor" that is formed
`
`by, for example, a cluster of two or more single processors (e.g., digital signal processor(s) or
`
`microprocessor(s) each having a single CPU and program memory) that are formed on the same
`
`or different wafers of a semi-conductor material such as silicon. Consistent with this is the fact
`
`that col. 8, lines 66-67 of Hashimoto state that the camera CPU 23 (Figure 8) "may either be a
`
`single chip [e.g., a single mi