UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMNHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`www.msptogov
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`w
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`'I AND1%9
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`90/013,740
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`05/18/2016
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`8155012
`
`31AE—2261 16
`
`1868
`
`HARNESS, DICKEY & PIERCE, P.L.C.
`1310. BOX 828
`BLOOMFIELD HILLS, MI 48303
`
`CRAVER, CHARLES R
`
`ART UNIT
`
`3992
`
`MAIL DATE
`
`10/27/2017
`
`PAPER NUlVIBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
`
`Exhibit 2058
`
`Chrimar Page 1
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`Exhibit 2058
`Chrimar Page 1
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`

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` 11NI TED S TATES PATEN T AND TRADEIXMK OFFI CE
`
`Commissioner for Patents
`United States Patent and Trademark Office
`F'.O. EMMSU
`Alexandria, VA 22313-1450
`uuwmusp‘rogov
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`DO NOT USE IN PALM PRINTER
`
`(THIRD PARTY REQUESTER‘S CORRESPONDENCE ADDRESS)
`
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`379 LYTTON AVENUE
`PALO ALTO, CA 94301
`
`EX PARTE REEXAMINATION COMMUNICATION TRANSMI'I'I'AL FORM
`
`REEXAMINATION CONTROL NO. 90/013 740.
`
`PATENT NO. 8155012.
`
`ART UNIT 3992.
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f)).
`
`Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a
`reply has passed, no submission on behalf of the ex parte reexamination requester will be
`acknowledged or considered (37 CFR 1.550(9)).
`
`PTOL-465 (Rev.07-O4)
`
`Exhibit 2058
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`Chrimar Page 2
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`Exhibit 2058
`Chrimar Page 2
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`

`

`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`PO. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Application Number: 90/013,740
`Filing Date: May 18, 2016
`Appellant(s): 8155012
`
`Jeffrey Snyder
`For Appellant
`
`EXAMINER’S ANSWER
`
`This is in response to the appeal brief filed August 16, 2017
`
`Exhibit 2058
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`Chrimar Page 3
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`Exhibit 2058
`Chrimar Page 3
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`

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`Application/Control Number: 90/013,740
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`Page 2
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`Art Unit: 3992
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`(1) Grounds of Rejection to be Reviewed on Appeal
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`Every ground of rejection set forth in the Office action dated February 16, 2017
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`from which the appeal is taken is being maintained by the examiner except for the
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`grounds of rejection (if any) listed under the subheading “WITHDRAWN REJECTIONS.”
`
`New grounds of rejection (if any) are provided under the subheading “NEW GROUNDS
`
`OF REJECTION.”
`
`The following ground(s) of rejection are applicable to the appealed claims.
`
`Rejections below that were provided essentially as presented in the Request for
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`reexamination are referred thereto by number which corresponds to those presented in
`
`the Order Granting Reexamination mailed 6/21/2016.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
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`Exhibit 2058
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`Chrimar Page 4
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`Exhibit 2058
`Chrimar Page 4
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`

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`Application/Control Number: 90/O13,74O
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`Page 3
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`Art Unit: 3992
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`CUMMINGS/MAMAN
`
`REJ 13) Claims 1-3, 5, 6, 10, 11,13, 16, 18, 19, 22, 24-33, 35, 36, 40-41, 43, 46, 48,
`49, 52, 54-73, 76, 80-88, 91, 93-96, 98-104 and 106 are rejected under pre-AIA 35 USC
`103(a) as being obvious over Cummings in view of Maman.
`
`CUMMINGS:
`
`Cummings was issued to the owner of the ‘01 2 patent in 1995. Many of the
`
`teachings of the ‘012 patent are found in Cummings. Figure 1 illustrates a network with
`
`a path that includes both data and power, as demonstrated by the use of an isolation
`
`power supply 26 and signal isolation 32:
`
`
`
`{:Ufifsmifigifi, PEG.
`
`MAMAN:
`
`Maman is provided for the sole purpose of illustrating detection of impedance
`
`over AC. power lines for the purpose of theft prevention. (Corresponding references
`
`with which Maman is combined use DC. power and the detection would be of voltage,
`
`Exhibit 2058
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`Chrimar Page 5
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`Exhibit 2058
`Chrimar Page 5
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`

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`Application/Control Number: 90/013,74O
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`Page 4
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`Art Unit: 3992
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`current, or resistance, whereas in an A.C. power context, the detection would be of
`
`voltage, current, or impedance) Maman teaches:
`
`In the embodiment of the invention to be described hereinafter, the connecting
`cable comprises a first connector adapted to be removably connected to the
`electrical equipment, a second connector adapted to be removably connected to
`the power source through the detection and alarm device, power conductors
`connecting the first connector to the second connector, and first and second
`status conductors adapted to exhibit a first impedance value between the
`individual status conductors corresponding to the first state of the cable when the
`electrical equipment is connected to the equipment and a second impedance
`value between the individual status conductors corresponding to the second
`state of the cable when the electrical equipment is disconnected from the cable.
`Maman, col. 2 II. 31-45.
`
`FIG. 3 is illustrative:
`
`
`
`
`
`.
`.
`f samwsxml
`firm ““39
`
`
`
`PIE. 3
`
`FIG: 3. z’t-‘lasmats.
`
`It should be noted resistance (as in “Resistance Measuring Device 26”) is a
`
`component of impedance.
`
`Exhibit 2058
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`Chrimar Page 6
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`Exhibit 2058
`Chrimar Page 6
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`

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`Application/Control Number: 90/013,74O
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`Page 5
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`Art Unit: 3992
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`AS to claims 1-3, 5, 6, 10, 11, 13, 16, 18, 19, 22, 24-33, 35, 36, 40-41, 43, 46,
`
`48, 49, 52, 54-73, 76, 80-88, 91, 93-96, 98-104 and 106, the unmodified rejection from
`
`the Final rejection is as follows:
`
`1. A method for
`
`adapting a piece of
`Ethernet data terminal
`
`equipment, the piece
`of Ethernet data
`
`terminal equipment
`having an Ethernet
`connector, the method
`
`comprising:
`
`selecting contacts of the
`Ethernet connector comprising a
`plurality of contacts, the selected
`contacts comprising at least one
`of the plurality of contacts of the
`Ethernet connector and at least
`
`another one of the plurality of
`contacts of the Ethernet
`
`connector; coupling at least one
`path across the selected
`contacts of the Ethernet
`
`connector; and
`
`associating distinguishing
`information about the piece of
`Ethernet data terminal
`
`equipment to impedance within
`the at least one path.
`
`
`
`Cummings teaches Ethernet. See, e.g., Cummings,
`col. 3 II. 18—19.
`
`Maman teaches a method for adapting a piece of
`data terminal equipment (such as a computer), the
`data terminal equipment having a connector. See,
`Maman, FIG. 1.
`
`Maman does not explicitly teach
`Ethernet, but lEEE 802.3i, which is AAPA, is part of
`the lEEE 802.3
`
`Ethernet Standards.
`
`Cummings teaches “In accordance with conventional
`wiring approaches, data communication link 14
`generally includes a plurality of pairs of transmit
`wires 44 and 46 as well as a plurality of pairs of
`receive wires (not shown) connected to each of
`personal computers 12a through 12d.” Cummings,
`col. 3 II. 37-42. See also, Cummings, col. 4 II. 20-24
`(“Transmit wires 44a through 44d and 46a through
`46d are existing wires found within data
`communication link 14 that are selectively tapped as
`pairs in accordance with the present invention to
`provide current loops 503 throuoh 50d” .
`Cummings actually claims “said respective pairs of
`data communication lines are associated with
`
`different ones of the associated pieces of
`equipment,” “supplying a low DC current signal to
`each current loop so as to achieve continuous
`current flow through
`each current loop while each of said associated
`pieces of equipment is physically connected to said
`network via the data communication lines,” and
`sensing “DC current signal in each of said current
`loops so as to detect a change in current flow
`indicative of disconnection of one of said oieces of
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`Exhibit 2058
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`Chrimar Page 7
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`Exhibit 2058
`Chrimar Page 7
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`

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`Application/Control Number: 90/013,74O
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`Page 6
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`Art Unit: 3992
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`associated equipment.” Cummings, claim 14; see
`also claims 1 and 9 for similar language.
`
`
`
`Maman teaches associating distinguishing
`information about the data terminal equipment to
`impedance within a corresponding path. Maman, col.
`2 ll. 31 -45 (“first and second status conductors
`adapted to exhibit a first impedance value between
`the individual status conductors corresponding to the
`first state of the cable when the electrical equipment
`is connected to the equipment and a second
`impedance value between the individual status
`conductors corresponding to the second state of the
`cable when the electrical equipment is disconnected
`from the cable”); see also, id., FIG. 3.
`Cummings teaches the use of Ethernet to couple equipment, such as computers,
`
`to a network via data communication lines. Cummings controls voltage to create
`
`current. The control of current using voltage demonstrates an understanding of Ohm’s
`
`Law, which, assuming active elements, can be characterized as V = lZ, where V is
`
`voltage, I is current, and Z is impedance. Because Cummings knows Ohm’s Law, the
`
`voltage across the path, and the current through the path, Cummings also knows the
`
`impedance and can associate distinguishing information about the equipment to
`
`impedance within the path. For example, when current drops to 0 because the path is
`
`interrupted, impedance also drops to 0.
`
`It may be noted that even if there are no active
`
`elements, impedance includes resistance and, therefore, a path without active elements
`
`can also be defined using V = lZ (as opposed to V = IR).
`
`To the extent it is determined a person of ordinary skill in the art of electronics
`
`does not know Ohm’s Law, Cummings can be combined with Maman, which explicitly
`
`teaches associating distinguishing information about the data terminal equipment to
`
`impedance within a corresponding path.
`
`Exhibit 2058
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`Chrimar Page 8
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`Exhibit 2058
`Chrimar Page 8
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`

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`Application/Control Number: 90/013,74O
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`Page 7
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`Art Unit: 3992
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`The 802.3i standard specifies a cable with certain characteristics, such as 8
`
`contacts that can be allocated into contact pairs. With specific reference to the claim
`
`language, “selecting contacts” involves picking one contact pair of the various possible
`
`permutations. The “selected contacts” therefore comprise at least one of the plurality of
`
`contacts of the Ethernet connector and at least another one of the plurality of contacts
`
`of the Ethernet connector (i.e., the pair). A path is coupled across contact pairs, and
`
`specifically across the “selected contacts.” IEEE 802.3i does not explicitly teach
`
`associating distinguishing information about the piece of equipment to impedance within
`
`the path. However, Maman, in a related field of endeavor, teaches associating
`
`distinguishing information about a piece of data terminal equipment (which in the
`
`context of IEEE 802.3i would be Ethernet data terminal equipment) to impedance within
`
`a path.
`
`Please note the reasons for combining from the Final Action, as follows:
`
`Cummings measures and detects fluctuations in electrical conditions on a
`
`network path to determine connectivity state of data terminal equipment, explicitly in an
`
`Ethernet network. Maman describes a connectivity detection system that explicitly
`
`mentions impedance.
`
`The differences between Cummings and the ‘012 patent are quite small. The
`
`patents are co-owned and Cummings explicitly mentions Ethernet. The ‘012 patent
`
`goes into more detail regarding various components of Ethernet systems, all of which
`
`were known, as is discussed in more detail later, but still simply describes a connectivity
`
`state detection system as was described by Cummings.
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`Exhibit 2058
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`Chrimar Page 9
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`Exhibit 2058
`Chrimar Page 9
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`

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`Application/Control Number: 90/013,740
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`Page 8
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`Art Unit: 3992
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`As well as the Graham Inquiries and rationale under KSR in the Final action, as
`
`follows:
`
`The scope and content of the prior art includes Ohm’s law, V = IR, which
`
`expresses the relationship between voltage, current, and resistance, and which can be
`
`rewritten to take into account reactive elements to which AC voltage or current is
`
`applied as V = IZ, where Z represents impedance. The level of skill of an ordinary
`
`person of skill in the art should include at least the level of skill of college-level electrical
`
`engineering (and specifically Ohm’s Law) and inventors of the abovementioned patents.
`
`The level of skill of an ordinary person of skill in the art should also include at least the
`
`level of creativity to apply well-known electrical engineering principles across standards,
`
`such as IEEE 802.3 standards for Ethernet networks (as provided in AAPA), and to
`
`utilize well known circuit components in standard ways.
`
`The Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103
`
`in view of the Supreme Court Decision in KSR International Co. v. Teleflex Inc., 72 FR
`
`57526 (Oct. 10, 2007), 1324 Off. Gaz. Pat. Office 23 (Nov. 6, 2007) (2007 KSR
`
`Guidelines) have been incorporated into the MPEP. See MPEP 2141 (8th ed. 2001
`
`(Rev. 6, Sept. 2007). The Examination Guidelines Update: Developments in the
`
`Obviousness Inquiry After KSR v. Teleflex, which became effective September 1, 2010,
`
`highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007
`
`decision by the United States Supreme Court in KSR Int'l Co. v. Teleflex Inc. Guidelines
`
`state that the teaching-suggestion-motivation test is one possible approach to support
`
`an obviousness determination. Six other rationales identified in the Guidelines include:
`
`Exhibit 2058
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`Chrimar Page 10
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`Exhibit 2058
`Chrimar Page 10
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`

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`Application/Control Number: 90/013,74O
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`Page 9
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`Art Unit: 3992
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`(1) combining prior art elements according to known methods to yield predictable
`
`results; (2) simple substitution of one known element for another to obtain predictable
`
`results; (3) use of a known technique to improve similar devices, methods, or products
`
`in the same way; (4) applying a known technique to a known device, method, or product
`
`ready for improvement to yield predictable results; (5) obvious to try—choosing from a
`
`finite number of identified, predictable solutions, with a reasonable expectation of
`
`success; and (6) known work in one field of endeavor may prompt variations of it for use
`
`in either the same field or a different one based on design incentives or other market
`
`forces if the variations are predictable to one of ordinary skill in the art.
`
`Therefore it would have been obvious to combine the references.
`
`Cummings teaches Ethernet. See, e.g., Cummings,
`col. 3 11. 18-19. Cummings also illustrates
`computers 12A-12D (data terminal equipment) in
`FIG. 1:
`
`2. The method according to claim The reasons for rejecting claim 1, from which claim
`1 wherein the piece of Ethernet
`2 depends, are provided above. Claim 2 requires
`data terminal equipment is a
`the Ethernet data terminal equipment be a personal
`personal computer.
`computer.
`
`Cummings, FIG 5
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`Exhibit 2058
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`Chrimar Page 11
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`Exhibit 2058
`Chrimar Page 11
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`

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`Application/Control Number: 90/013,740
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`Page 10
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`Art Unit: 3992
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`3. The method according to claim The reasons for rejecting claim 1, from which claim
`1 wherein the associating
`3 depends, are provided above. Claim 3 requires
`distinguishing information about
`associating identifying information about the
`the piece of Ethernet data
`equipment to impedance.
`terminal equipment to impedance
`within the at least one path
`comprises associating identifying
`information about the piece of
`Ethernet data terminal equipment
`to impedance within the at least
`one path.
`
`As discussed above, Cummings understands the
`relationship between current and impedance.
`Cummings also teaches “detection of a current flow
`discontinuity further energizes the appropriate light
`emitting diodes 44a through 44d associated with the
`disconnected personal computer 12.” Thus,
`Cummings teaches associating identifying
`information about a computer to impedance.
`
`
`
`is adapted
`Maman teaches “the connecting cable 1
`such that when the equipment 2 is disconnected
`from the cable 1, as when the equipment 2 is
`removed from female connector 4 or the cable 1
`
`is
`
`cut, the cable changes from a first or closed to
`second or open state, causing the device 3 to
`generate an alarm signal which contains a unique
`address identifying the device 3.” Because Maman
`knows a unique address identifying the device and
`which is associated with the impedance, Maman
`teaches associating identifying information about
`the eoouiment to imoedance.
`
`5. The method according to claim The reasons for rejecting claim 1, from which claim
`1 wherein the impedance within
`5 depends, are provided above. Claim 5 requires
`the at least one path is part of a
`the impedance is part of a detection protocol.
`detection protocol.
`
`Cummings also teaches a theft detection protocol.
`Cummings, col. 1 11. 8-12 (“This invention relates
`generally to theft protection security systems and,
`more particularly, to a network security system for
`detecting the unauthorized removal of remotely
`located electronic equipment from a network.”
`
`6. The method according to claim The reasons for rejecting claim 1, from which claims
`1 wherein the oiece of Ethernet
`6 and 16 deoend, are orovided above. Claims 6 and
`
`Exhibit 2058
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`Chrimar Page 12
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`Exhibit 2058
`Chrimar Page 12
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`

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`Application/Control Number: 90/013,740
`
`Page 11
`
`Art Unit: 3992
`
`data terminal equipment is a
`piece of BaseT Ethernet data
`terminal equipment.
`
`16. The method according to
`claim 1 wherein the piece of
`Ethernet data terminal equipment
`is a piece of BaseT Ethernet data
`terminal equipment.
`
`16 require BaseT Ethernet data terminal equipment.
`(Claims 6 and 16 are identical.)
`
`BaseT is not described in the ‘012 patent; the
`designation “BaseT” is found only in the claims.
`However, 1OBASE-T, for example, is described in
`802.3i. A piece of Ethernet data terminal equipment
`(such as an Ethernet-capable computer) would
`presumably be a “BaseT Ethernet data terminal
`equipment” if it used 1OBASE-T.
`
`Using broadest reasonable interpretation of the term
`“BaseT,” Cummings teaches “BaseT.” See, e.g.,
`col. 3 II. 35-37.
`
`10. The method according to
`claim 1 wherein the coupling at
`least one path across the
`selected contacts comprises
`coupling at least one path having Cummings illustrates paths with resistors:
`at least one resistor.
`‘
`
`The reasons for rejecting claim 1, from which claim
`10 depends, are provided above. Claim 10 requires
`a resistor in the path.
`
`
`
`Manan illustrates a “Resistance Measuring Device
`26” that measures resistance on the path:
`
`Exhibit 2058
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`Chrimar Page 13
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`Exhibit 2058
`Chrimar Page 13
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`

`

`Application/Control Number: 90/013,74O
`
`Page 12
`
`Art Unit: 3992
`
`...,.w..._......"
`,.
`,
`~
`4
`.
`: wmwmm 1
`:
`.,
`3m: x
`E“ E 3
`
`FIG 3, Altamira,
`
`
`
`11. The method according to
`claim 1 wherein the coupling at
`least one path across the
`selected contacts comprises
`coupling two paths across the
`selected contacts.
`
`13. The method according to
`claim 1 wherein the coupling at
`least one path across the
`selected contacts comprises
`coupling at least one path having
`a controller across the selected
`
`contacts.
`
`The reasons for rejecting claim 1, from which claim
`11 depends, are provided above. Claim 11 requires
`coupling two paths across the selected contacts.
`
`Because Cummings teaches a combined
`communication and power path (see, e.g.,
`Cummings, FIG. 1), Cummings teaches coupling
`two paths across the selected contacts.
`
`AAPA illustrates contacts 1, 2 and 3, 6, which are
`respectively associated with a first path (TD+, TD-)
`and a second oath RD-, RD+ .
`
`The reasons for rejecting claim 1, from which claim
`13 depends, are provided above. Claim 13 requires
`a controller to be on the path.
`
`A controller is not described in the ‘012 patent; the
`word “controller” is found only in the claims. As
`such, it is not entirely clear what is meant by the
`term. However, a broadest reasonable interpretation
`of the claim language is embodied in the “network
`security system 24” of Cummings. Cummings, col. 2
`11. 65-68 (“a network security system 24 is
`provided therein for achieving theft protection of
`electronic computer equipment associated with a
`computer network 10” .
`
`Exhibit 2058
`
`Chrimar Page 14
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`Exhibit 2058
`Chrimar Page 14
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`

`

`Application/Control Number: 90/O13,74O
`
`Page 13
`
`Art Unit: 3992
`
`18. The method according to
`claim 1 wherein the associating
`distinguishing information about
`the piece of Ethernet data
`terminal equipment to impedance
`within the at least one path
`comprises associating
`distinguishing information related
`to an electrical aspect of the
`piece of Ethernet data terminal
`equipment to impedance within
`the at least one path.
`
`The reasons for rejecting claim 1, from which claim
`18 depends, are provided above. Claim 18 requires
`associating distinguishing information related to an
`electrical aspect of the equipment to impedance. As
`discussed above, Cummings understands the
`relationship between current and impedance.
`Cummings also teaches “detection of a current flow
`discontinuity further energizes the appropriate light
`emitting diodes 44a through 44d associated with the
`disconnected personal computer 12.” Thus,
`Cummings teaches associating distinguishing
`information related to an electrical aspect, e.g.,
`whether the computer is electrically connected to
`the network, to impedance. Maman teaches “the
`connecting cable 1
`is adapted such that when the
`equipment 2 is disconnected from the cable 1, as
`when the equipment 2 is removed from female
`connector 4 or the cable 1
`is cut, the cable changes
`from a first or closed to second or open state,
`causing the device 3 to generate an alarm signal
`which contains a unique address identifying the
`device 3.” Because Maman knows a unique
`address identifying the device and which is
`associated with the impedance, Maman teaches
`associating distinguishing information related to an
`electrical aspect, e.g., whether the equipment is
`electricall connected to the network, to imoedance.
`
`
`
`19. The method according to
`claim 1 wherein the associating
`distinguishing information about
`the piece of Ethernet data
`terminal equipment to impedance
`within the at least one path
`comprises associating
`distinguishing information related
`to a physical aspect of the piece
`of Ethernet data terminal
`
`equipment to impedance within
`the at least one path.
`
`The reasons for rejecting claim 1, from which claim
`19 depends, are provided above. Claim 19 requires
`associating distinguishing information related to a
`physical aspect of the equipment to impedance.
`
`As discussed above, Cummings understands the
`relationship between current and impedance.
`Cummings also teaches “detection of a current flow
`discontinuity further energizes the appropriate light
`emitting diodes 44a through 44d associated with the
`disconnected personal computer 12.” Thus,
`Cummings teaches associating distinguishing
`information related to a oh sical asoect, e...
`
`Exhibit 2058
`
`Chrimar Page 15
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`Exhibit 2058
`Chrimar Page 15
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`

`

`Application/Control Number: 90/013,74O
`
`Page 14
`
`Art Unit: 3992
`
`whether the computer is physically connected to a
`network, to impedance.
`
`is adapted
`Maman teaches “the connecting cable 1
`such that when the equipment 2 is disconnected
`from the cable 1, as when the equipment 2 is
`removed from female connector 4 or the cable 1
`
`is
`
`cut, the cable changes from a first or closed to
`second or open state, causing the device 3 to
`generate an alarm signal which contains a unique
`address identifying the device 3.” Because Maman
`knows a unique address identifying the device and
`which is associated with the impedance, Maman
`teaches associating distinguishing information
`related to a physical aspect, e.g., whether the
`equipment is physically connected to a network, to
`im oedance.
`
`22. The method according to
`claim 1 wherein the impedance
`within the at least one path is a
`function of voltage across the
`selected contacts.
`
`The reasons for rejecting claim 1, from which claim
`22 depends, are provided above. Claim 22 requires
`impedance be a function of voltage across the
`selected contacts.
`
`disconnected from the cable”); see also, id., FIG. 3.
`
`Cummings teaches “The network security system
`24 includes an isolation power supply 26 which
`supplies a continuous direct current (DC) power
`signal to each of current loops 50a through 50d.”
`Cummings, col. 3 II. 53-56.
`
`Maman teaches associating distinguishing
`information about the data terminal equipment to
`impedance within a corresponding path. Maman,
`col. 2 ll. 31 -45 (“first and second status conductors
`adapted to exhibit a first impedance value between
`the individual status conductors corresponding to
`the first state of the cable when the electrical
`
`equipment is connected to the equipment and a
`second impedance value between the individual
`status conductors corresponding to the second
`state of the cable when the electrical equipment is
`
`The function of voltaoe across the selected contacts
`
`Exhibit 2058
`
`Chrimar Page 16
`
`Exhibit 2058
`Chrimar Page 16
`
`

`

`Application/Control Number: 90/O13,74O
`
`Page 15
`
`Art Unit: 3992
`
`is not defined in the ‘012 patent specification; the
`function is found only in the claims. However, the
`function is Ohm’s Law: V = IR rewritten for circuits
`
`with reactive elements as V = lZ, where Z
`
`(impedance) replaces R (resistance). There is no
`alternative but for impedance to be a function of
`voltage across the selected contacts in accordance
`with the two century old law. This function is
`inherent in any of the electrical engineering
`references included.
`
`claim 25 is BaseT Ethernet communication.
`
`24. The method according to
`claim 1 further comprising
`physically connecting the
`adapted piece of Ethernet data
`terminal equipment to a network.
`
`The reasons for rejecting claim 1, from which claim
`24 depends, are provided above. Claim 24 requires
`connecting the equipment to a network.
`
`Cummings teaches: “FIG. 3 illustrates the
`connection of the network security system 24 to an
`existing computer network 10.” Cummings, col. 5 II.
`34-35.
`
`25. The method according to
`claim 1 wherein the selected
`
`contacts are the same contacts
`
`used for normal network
`
`communication.
`
`The reasons for rejecting claim 1, from which claim
`25 depends, are provided above. The reasons for
`rejecting claims 1-24, from which claim 29 depends,
`are provided above. Claims 25 and 29 require
`contacts are used for normal network
`
`communication.
`
`29. The method according to any
`one of claims 1 through 24 and
`claim 27 wherein the selected
`
`contacts are at least some of the
`
`same contacts used for normal
`
`network communication.
`
`Cummings illustrates a path that includes both
`communication and power. See, Cummings, FIG. 1
`(data communication link 14).
`
`26. The method according to
`claim 25 wherein the normal
`
`network communication is BaseT
`
`Ethernet communication.
`
`The reasons for rejecting claim 25, from which claim
`26 depends, are provided above. The reasons for
`rejecting claim 29, from which claim 30 depends,
`are provided above. Claims 26 and
`29 require the normal network communication of
`
`30. The method according to
`claim 29 wherein the normal
`
`network communication is BaseT
`
`BaseT is not described in the ‘012 patent; the
`
`Exhibit 2058
`
`Chrimar Page 17
`
`Exhibit 2058
`Chrimar Page 17
`
`

`

`Application/Control Number: 90/013,740
`
`Page 16
`
`Art Unit: 3992
`
`Ethernet communication.
`
`designation “BaseT” is found only in the claims.
`However, 10BASE-T, for example, is described in
`802.3i. A piece of Ethernet data terminal equipment
`(such as an Ethernet-capable computer) would
`presumably be a “BaseT Ethernet data terminal
`equipment” if it used 10BASE-T.
`
`Using broadest reasonable interpretation of the term
`“BaseT,” Cummings teaches “BaseT.” See, e.g.,
`col. 3 II. 35-37.
`
`
`
`27. The method according to
`claim 1 wherein the at least one
`path coupled across the selected
`contacts is formed through the
`piece of Ethernet data terminal
`equipment.
`
`The reasons for rejecting claim 1, from which claim
`27 depends, are provided above. The reasons for
`rejecting claims 1-26, from which claim 28 depends,
`are provided above. Claims 27 and 28 require the
`path be formed through the Ethernet data terminal
`equipment.
`
`28. The method according to any Cummings teaches: “The low current power signal
`one of claims 1 through 26
`flows through an internal path provided by existing
`wherein the at least one path
`circuitry in personal computer 12a.” Cummings, col.
`coupled across the selected
`4 II. 27-30.
`contacts is formed through the
`piece of Ethernet data terminal
`e uiment.
`
`31. An adapted piece of Ethernet Cummings teaches Ethernet. See, e.g., Cummings,
`data terminal equipment
`col. 3 II. 18-19.
`comprising:
`
`Maman teaches adapted data terminal equipment
`(such as a computer). See, Maman, FIG. 1. Maman
`does not explicitly teach Ethernet, but lEEE 802.3i,
`which is AAPA, is part of the lEEE 802.3 (Ethernet)
`Standards.
`
`Cummings teaches “In accordance with
`conventional wiring approaches, data
`communication link 14 generally includes a plurality
`of pairs of transmit wires 44 and 46 as well as a
`plurality of pairs of receive wires (not shown)
`connected to each of personal computers 12a
`throuoh 12d.” Cumminos, col. 3 II. 37-42. See also,
`
`an Ethernet connector
`comprising a plurality of contacts;
`and
`
`at least one path coupled across
`selected contacts, the selected
`contacts comoorisin at least one
`
`Exhibit 2058
`
`Chrimar Page 18
`
`Exhibit 2058
`Chrimar Page 18
`
`

`

`Application/Control Number: 90/013,740
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`Page 17
`
`Art Unit: 3992
`
`of the plurality of contacts of the
`Ethernet connector and at least
`another one of the plurality of
`contacts of the Ethernet
`connector,
`
`Cummings, col. 4 II. 20-24 (“Transmit wires 44a
`through 44d and 46a through 46d are existing wires
`found within data communication link 14 that are
`selectively tapped as pairs in accordance with the
`present invention to provide current loops 50a
`throu0h 50d.” .
`
`
`
`wherein distinguishing
`information about the piece of
`Ethernet data terminal equipment
`is associated to impedance within
`the at least one path.
`
`Cummings actually claims “said respective pairs of
`data communication lines are associated with
`different ones of the associated pieces of
`equipment,” “supplying a low DC current signal to
`each current loop so as to achieve continuous
`current flow through each current loop while each of
`said associated pieces of equipment is physically
`connected to said network via the data
`
`communication lines,” and sensing “DC current
`signal in each of said current loops so as to detect a
`change in current flow indicative of disconnection of
`one of said pieces of associated equipment.”
`Cummings, claim 14; see also claims 1 and 9 for
`similar language.
`
`Maman teaches associating distinguishing
`information about the data terminal equipment to
`impedance within a corresponding path. Maman,
`col. 2 ll. 31 -45 (“first and second status conductors
`adapted to exhibit a first impedance value between
`the individual status conductors corresponding to
`the first state of the cable when the electrical
`
`equipment is connected to the equipment and a
`second impedance value between the individual
`status conductors corresponding to the second
`state of the cable when the electrical equipment is
`disconnected from the cable” ; see also, id., FIG. 3.
`Cummings teaches the use of Ethernet to couple equipment, such as computers,
`
`to a network via data communication lines. Cummings controls voltage to create
`
`current. The control of current using voltage demonstrates an understanding of Ohm’s
`
`Law, which, assuming active elements, can be characterized as V = lZ, where V is
`
`voltage, I is current, and Z is impedance. Because Cummings knows Ohm’s Law, the
`
`voltage across the path, and the current through the path, Cummings also knows the
`
`Exhibit 2058
`
`Chrimar Page 19
`
`Exhibit 2058
`Chrimar Page 19
`
`

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`Application/Control Number: 90/013,740
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`Page 18
`
`Art Unit: 3992
`
`impedance and can associate distinguishing information about the equipment to
`
`impedance within the path. For example, when current drops to 0 because the path is
`
`interrupted, impedance also drops to 0.
`
`It may be noted that even if there are no active
`
`elements, impedance includes resistance and, therefore, a path without active elements
`
`can also be defined using V = lZ (as opposed to V = IR).
`
`To the extent it is determined a person of ordinary skill in the art of electronics
`
`does not