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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.
`Petitioner
`v.
`PERSONALIZED MEDIA COMMUNICATIONS, LLC
`Patent Owner
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`Case No.: IPR2016-00755
`Patent No.: 8,191,091
`For: Signal Processing Apparatus and Methods
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`DECLARATION OF ALFRED C. WEAVER, PH.D.,
`IN SUPPORT OF PATENT OWNER’S RESPONSE
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 1
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`

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`Table of Contents
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`Page
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`I. Qualifications & Engagement ................................................................................................. 1
`II. Materials Reviewed and Relied upon .................................................................................. 5
`III.
`Summary of Conclusions ..................................................................................................... 6
`IV. Legal Standards .................................................................................................................... 8
`A.
`Priority Date ..................................................................................................................... 8
`B.
`Anticipation ...................................................................................................................... 8
`C.
`Obviousness ..................................................................................................................... 9
`D.
`Claim Construction ........................................................................................................ 11
`E. Persons of Ordinary Skill in the Art .................................................................................. 11
`V.
`Background Technology of the ’091 Patent ...................................................................... 12
`VI. Claim Construction ............................................................................................................ 14
`A.
`“an encrypted digital information transmission including encrypted information” ....... 14
`B.
`“decrypting” / “encrypted” ............................................................................................. 22
`C.
`“locate” / “locating” ....................................................................................................... 42
`D.
`“designated” ................................................................................................................... 43
`E. “processor” ......................................................................................................................... 44
`F. “processor instructions” ..................................................................................................... 46
`VII. Priority Date ....................................................................................................................... 47
`VIII.
`Gilhousen (Ground A) .................................................................................................... 83
`A.
`Gilhousen does not qualify as prior art and is cumulative. ............................................ 83
`
`Gilhousen fails to disclose “receiving an encrypted digital information transmission” as
`B.
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`recited in claims 13 and 20. ....................................................................................................... 84
`C.
`Gilhousen fails to disclose “determining a fashion in which said receiver station locates
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`a first decryption key …” or “locating said first decryption key …” as recited in claim 13. ... 89
`D.
`Gilhousen fails to disclose “decrypting said encrypted information …” as recited in
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`claims 13 and 20 or “decrypt a video portion of said programming” as recited in claims 15 and
`23.
`93
` Gilhousen fails to disclose “passing said instruct-to-enable signal to a processor” as E.
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`recited in claim 13. .................................................................................................................... 95
`F.
` Gilhousen fails to disclose “a first instruct-to-enable signal including first processor
`instructions” and “executing said first processor instructions …” or “a second instruct-to-
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 2
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`enable signal including second processor instructions” and “executing said second processor
`instructions …” as recited in claim 20. ..................................................................................... 96
`IX. Mason (Ground B) ........................................................................................................... 100
`A.
` Mason does not qualify as prior art and is cumulative. ................................................ 100
` Mason fails to disclose “receiving an encrypted digital information transmission” as
`B.
`recited in claims 13 and 20. ..................................................................................................... 101
` Mason fails to disclose “decrypting said encrypted information …” as recited in claims C.
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`13 and 20 or “decrypt a video portion of said programming” as recited in claims 15 and 23).
`
`104
` Mason fails to disclose “determining a fashion in which said receiver station locates a D.
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`first decryption key …” or “locating said first decryption key …” as recited in claim 13. .... 105
` Mason fails to disclose “passing said instruct-to-enable signal to a processor” as recited in E.
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`claim 13. .................................................................................................................................. 107
`F.
` Mason fails to disclose “a first instruct-to-enable signal including first processor
`instructions” and “executing said first processor instructions …” or “a second instruct-to-
`enable signal including second processor instructions” and “executing said second processor
`instructions …” as recited in claim 20. ................................................................................... 107
`X.
`Frezza (Ground C) ........................................................................................................... 110
`A.
`Frezza does not qualify as prior art and is cumulative. ................................................ 110
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`Frezza fails to disclose “receiving an information transmission including encrypted
`B.
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`information” or “decrypting said encrypted information …” as recited in claim 26. ............. 112
`C.
`Frezza fails to disclose “detecting the presence of an instruct-to-enable signal” as
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`recited in claim 26. .................................................................................................................. 113
`D.
`Frezza fails to disclose “automatically tuning said receiver station to a channel
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`designated by said instruct-to-enable signal” as recited in claim 26. ...................................... 115
`XI. Gilhousen in view of Block (Ground D) .......................................................................... 116
`A.
`The Gilhousen-Block combination does not qualify as prior art and is cumulative. ... 116
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`Block does not teach or suggest “storing information evidencing said step of
`B.
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`decrypting.” ............................................................................................................................. 118
`C.
`It would not be obvious to combine Gilhousen with Block. ........................................ 121
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`XII. Mason in view of Block (Ground E)................................................................................ 125
`A.
`The Mason-Block combination does not qualify as prior art and is cumulative. ......... 125
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`Block does not teach or suggest “storing information evidencing said step of
`B.
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`decrypting.” ............................................................................................................................. 125
`C.
`It would not be obvious to combine Mason with Block. ............................................. 126
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`XIII.
`Frezza in view of Block (Ground F) ............................................................................ 128
`A.
`The Frezza-Block combination does not qualify as prior art and is cumulative. ......... 128
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 3
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`Block does not teach or suggest “storing information evidencing said step of
`B.
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`decrypting.” ............................................................................................................................. 129
`C.
`It would not be obvious to combine Frezza with Block. .............................................. 129
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`XIV.
`SECONDARY CONSIDERATION CONFIRM NON-OBVIOUSNESS OF THE
`INVENTIONS. ........................................................................................................................... 131
`XV. CONCLUSION ................................................................................................................ 132
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`iii
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 4
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`

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`I, Alfred C. Weaver, Ph.D., declare as follows:
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`1.
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`I am making this declaration on behalf of Patent Owner Personalized
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`Media Communications, LLC (hereinafter, “Patent Owner” or “PMC”) in support
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`of Patent Owner’s Response to the Petition for Inter Partes Review of U.S. Patent
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`No. 8,191,091 (“the ’091 Patent”) filed by Petitioner Apple Inc. (“Petitioner”).
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`I.
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`Qualifications & Engagement
`2.
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`In terms of my background and experiences that qualify me as an
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`expert in this case, I earned a Ph.D. in Computer Science in 1976 from the
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`University of Illinois. I also obtained a Master of Science Degree in Computer
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`Science from the University of Illinois in 1973 and a Bachelor of Science Degree
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`in Engineering Science from the University of Tennessee in 1971.
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`3. My fields of experience include computer science, computer systems,
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`computer network architecture, and Internet and electronic commerce, among
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`others.
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`4.
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`I am currently a Professor of Computer Science and Associate Chair
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`of the Department of Computer Science at the University of Virginia (“UVa”). I
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`have been employed at UVa continuously since 1977. I have taught more than 25
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`different courses at UVa, including electronic commerce, operating systems,
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`computer networks, and various programming courses. Moreover, I have been the
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`graduate advisor for 69 Ph.D. and master’s students, all in Computer Science.
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`1
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 5
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`5.
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`I currently teach the University of Virginia’s CS 4753 course
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`“Electronic Commerce Technologies.” This course explains the role of encryption
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`in modern electronic commerce and covers the details of the mathematical
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`algorithms that implement symmetric key encryption, public key encryption, and
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`other encryption techniques. I was the Principal Investigator for “Secure E-
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`Commerce: A Modular Course Supported by Virtual Laboratories,” a $500,000
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`research project funded by the National Science Foundation to develop a course
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`teaching secure e-commerce.
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`6.
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`In addition to my teaching activities at UVa, I am the Founding
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`Director of the University of Virginia Applied Research Institute, a group of
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`faculty who are pursuing research projects of national significance in the areas of
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`homeland security and national defense and intelligence.
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`7.
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`I have authored or co-authored 16 books or book chapters in the
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`computer science field and have authored or co-authored over 170 refereed journal
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`and conference papers on various topics related to computer science, computer
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`systems, computer networks, search agents, databases, the Internet and e-
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`commerce, among other topics.
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`8. With my co-authors Sam Dwyer and Kristen Hughes, I wrote a
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`chapter entitled “Health Insurance Accountability and Portability Act” in the book
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`Security Issues in the Digital Medical Enterprise, published by the Society for
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`2
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 6
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`Computer Applications in Radiology in 2004. I wrote the paper “Secure Sockets
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`Layer” in Computer in April 2006. With my co-author Andrew Jurik I wrote
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`“Securing Mobile Devices with Biotelemetry,” presented at the International
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`Workshop on Privacy, Security, and Trust in Mobile and Wireless Systems
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`(MobiPST’11), in Maui, HI, in July, 2011. I presented the NATO Fellowship
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`Lecture at Bogazici University, in Istanbul, Turkey, in May 2000 on the topic of
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`“Internet Privacy and Security.” With my master’s student Andrew Snyder I wrote
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`“The e-Logistics of Securing Distributed Medical Data,” presented at the IEEE
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`International Conference on Industrial Informatics, Banff, Alberta, Canada, in
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`August 2003. I supervised Andrew Snyder’s master’s thesis on the topic of
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`“Performance Measurement and Workflow Impact of Securing Medical Data
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`Using HIPAA Compliant Encryption in a .NET Environment,” in August 2003.
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`9.
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`I am a named inventor on U.S. Patent No. 4,217,658 that resulted
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`from my Ph.D. research at the University of Illinois.
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`10.
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`I am a Fellow of the IEEE, an honor awarded to less than two percent
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`of the IEEE membership. I am a member of the editorial board of the IEEE
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`Computer magazine.
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`11.
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`I have presented papers at numerous conferences and have served as
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`Program Chair or Technical Program Chair of a number of conferences around the
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`world. For example, I was the Keynote Speaker at the International Workshop on
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`3
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 7
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`Privacy, Security, and Trust for Mobile Devices (MobiPST’11), in Maui, Hawaii,
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`in July 2011 on the topic of “Providing Privacy and Security for Mobile Devices.”
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`I was the Keynote Speaker at the IEEE International Conference on Industrial
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`Technology (ICIT'05), in Hong Kong, in December 2005 on the topic of
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`“Achieving Data Privacy and Security Using Web Services.” I was the Keynote
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`Speaker at the IEEE International Conference on Emerging Technologies and
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`Factory Automation (ETFA’05), in Catania, Sicily, Italy, in September 2005 on the
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`topic of “A Security Architecture for Distributed Data Security.”
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`12.
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`I have been an invited guest lecturer at numerous meetings sponsored
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`by various corporations around the world. For example, I spoke on “Reliable
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`Multicast and Reliable Group Management” for a meeting held at Sun
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`Microsystems in Palo Alto, California in July, 1999. I gave a presentation entitled
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`“Xpress Transport Protocol” at a meeting sponsored by General Electric Research
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`and Development Laboratory, held in Schenectady, New York, in December, 1996.
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`I was an invited speaker on the topic of “Medical Data Privacy and Security” at the
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`Microsoft Healthcare Users’ Group meeting in Redmond, WA in 2006.
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`13.
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`I have also had the opportunity to consult with and/or work in the
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`commercial sector. For example, I received a $200,000 research grant from
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`Microsoft for my work in connection with development of a solution to the
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`problems associated with the privacy and security of medical data. In the past, I
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 8
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`have consulted for General Electric, Lockheed Martin, Honeywell, Raytheon, e-
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`Systems and others. Additionally, I founded five companies of my own which
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`focused on e-commerce. I was involved in all aspects of the life cycles of these
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`companies from raising start-up capital funding, to designing and developing
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`products, to commercializing these products in the marketplace. One of these
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`companies, Reliacast, developed secure multimedia distribution software and was
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`ultimately sold to Comcast.
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`14. A detailed curriculum vitae showing more of my credentials in these
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`fields and the cases in which I have testified in the past four years is attached as
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`Ex. 2002.
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`15.
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`I am being compensated for my work in this matter at my standard
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`rate of $400/hour for consulting services. My compensation is not determined by
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`or contingent upon the outcome of this matter.
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`II. Materials Reviewed and Relied upon
`16.
`In preparing this Declaration I reviewed and considered the following
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`
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`materials:
`
`Description
`Ex. / Doc.
`Paper 1 Petition for Inter Partes Review by Petitioner (“Pet.”)
`Paper 14 Decision on Institution of Inter Partes Review (“Dec.”)
`Paper 10 Petitioner's Preliminary Reply (“Reply”)
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`5
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 9
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`
`1001
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`1003
`1004
`1005
`1006
`1007
`1008
`1009
`1011
`1012
`1013
`1014
`-
`
`Declaration of Anthony J. Wechselberger in Support of
`Petition for Inter Partes Review of U.S. Patent No.
`8,191,091
`U.S. Patent No. 8,191,091
`U.S. Patent No. 4,613,901
`U.S. Patent No. 4,736,422
`U.S. Patent No. 4,712,239
`U.S. Patent No. 4,503,462
`U.S. Patent No. 4,484,217
`U.S. Patent No. 4,694,490
`IPR2014-01533, Paper No. 7
`IPR2014-01533, Paper No. 23
`IPR2014-01532, Paper No. 8
`IPR2014-01532, Paper No. 34
`All other documents cited and used in my Declaration.
`
`17.
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`I have also relied on my years of education, teaching, research, and
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`experience concerning software, computer architecture, networks, network
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`protocols, electronic commerce, privacy and security.
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`III. Summary of Conclusions
`18.
`I understand that Petitioner challenges the validity of claims 13-16,
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`18, 20-21, 23-24, 26-27, and 30 (the “Challenged Claims”) of the ’091 Patent
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`19.
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`I also understand that the Board instituted trial on six grounds:
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`(A) claims 13-15, 18, 20, 23 and 24 are allegedly anticipated by U.S.
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`Patent No. 4,613,901 (Ex. 1004, hereinafter, “Gilhousen”) under 35 U.S.C.
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`§ 102;
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`6
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 10
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`(B) claims 13-15, 18, 20, 23 and 24 are allegedly anticipated by U.S.
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`Patent No. 4,736,422 (Ex. 1005, hereinafter, “Mason”) under 35 U.S.C.
`
`§ 102;
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`(C) claims 26 and 30 are allegedly anticipated by U.S. Patent No.
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`4,712,239 (Ex. 1006, hereinafter, “Frezza”) under 35 U.S.C. § 102;
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`(D) claims 16 and 21 are allegedly rendered obvious by Gilhousen in
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`view of U.S. Patent No. 4,484,217 (Ex. 1008, hereinafter, “Block”) under 35
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`U.S.C. § 103;
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`(E) claims 16 and 21 are allegedly rendered obvious by Mason in
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`view of Block under 35 U.S.C. § 103; and
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`(F) claim 27 is allegedly rendered obvious by Frezza in view of
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`Block under 35 U.S.C. § 103.
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`20. As described in detail below, it is my opinion that the Challenged
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`Claims are novel and non-obvious over the references cited by Petitioner.
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`21. Also, for the reasons set forth below, I conclude that a person of
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`ordinary skill in the art at the time of the invention would not have had reason to
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`modify the references in the manner stated in the Petition and in Mr.
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`Wechselberger’s Declaration (Ex. 1001).
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 11
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`22. To the extent permitted by the applicable law and rules, I reserve the
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`right to respond to any additional arguments and/or evidence introduced by
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`Petitioner or the Board and to revise my opinions accordingly.
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`IV. Legal Standards
`23.
`I am not an attorney. I have been advised of the following general
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`principles of patent law to be considered in formulating my opinions as to whether
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`the claims of the ’091 Patent are anticipated or would have been obvious to a
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`person of ordinary skill in the art at the time of the invention in view of the prior
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`art.
`
`A.
`24.
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`Priority Date
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`It is my understanding that, to qualify as prior art to a patent
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`claim, a reference must be publicly available before the earliest priority
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`date to which the patent claim is entitled. I understand that the standard to
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`determine priority of a patent claim is whether the claimed invention is supported
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`by the corresponding patent application: if the invention is supported, then the
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`claim is entitled to the priority date when the supporting application was first filed.
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`I also understand that the priority date is determined on a claim-by-claim basis.
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`B. Anticipation
`25.
`I understand that to anticipate a patent claim, a single prior art
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`reference must disclose every element of the claim, either explicitly or inherently
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`to a person of ordinary skill in the art. I understand that an element of a claim is
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`APPLE EXHIBIT 1061
`APPLE v. PMC
`IPR2016-01520
`Page 12
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`“inherent” in the disclosure of a prior art reference when the missing element is the
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`inevitable outcome of the process and/or thing that is described in the prior art
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`reference.
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`C. Obviousness
`26.
`I understand that a prior art reference can render a patent claim
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`obvious to one of ordinary skill in the art if the differences between the subject
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`matter set forth in the patent claim and the prior art are such that the subject matter
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`of the claim would have been obvious at the time the claimed invention was made.
`
`In analyzing obviousness, I understand that it is important to consider the scope of
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`the claims, the level of skill in the relevant art, the scope and content of the prior
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`art, the differences between the prior art and the claims, and any secondary
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`considerations.
`
`27.
`
`I understand that when the claimed subject matter involves combining
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`pre-existing elements to yield no more than one would expect from such an
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`arrangement, the combination is obvious. I also understand that in assessing
`
`whether a claim is obvious, one must consider whether the claimed improvement is
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`more than the predictable use of prior art elements according to their established
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`functions. I understand that there need not be a precise teaching in the prior art
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`directed to the specific subject matter of a claim because one can take account of
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`the inferences and creative steps that a person of skill in the art would employ. I
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`IPR2016-01520
`Page 13
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`further understand that a person of ordinary skill is a person of ordinary creativity,
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`not an automaton.
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`28. However, I understand that obviousness cannot be based on the
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`hindsight combination of components selectively culled from the prior art. I also
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`understand that a combination is not obvious if it requires extensive additional
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`problem-solving steps that are not taught in the references and that are not simple
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`matters for a person of ordinary skill in the art. That is, a combination is not
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`obvious if it requires the development of an additional complex infrastructure.
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`29.
`
`I understand that in an obviousness analysis, neither the motivation
`
`nor the avowed purpose of the inventors controls the inquiry. Any need or
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`problem known in the field at the time of the invention and addressed by the patent
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`can provide a reason for combining elements. For example, I understand that it is
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`important to consider whether there existed, at the time of the invention, a known
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`problem for which there was an obvious solution encompassed by the patent’s
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`claims. I understand that known techniques can have obvious uses beyond their
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`primary purposes, and that a person of ordinary skill can fit the teachings of
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`multiple pieces of prior art together like pieces of a puzzle.
`
`30.
`
`I understand that, when there is a reason to solve a problem and there
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`are a finite number of identified, predictable solutions, a person of ordinary skill
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`has good reason to pursue the known options within his or her technical grasp. I
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`IPR2016-01520
`Page 14
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`further understand that, if this leads to the anticipated success, it is likely the
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`product, not of innovation, but of ordinary skill and common sense, which bears on
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`whether the claim would have been obvious.
`
`31.
`
`I understand that secondary considerations can include, for example,
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`evidence of commercial success of the invention, evidence of a long-felt need that
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`was solved by an invention, evidence that others copied an invention, or evidence
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`that an invention achieved a surprising result. I further understand that such
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`evidence must have a nexus or causal relationship to the elements of a claim in
`
`order to be relevant.
`
`D. Claim Construction
`32.
`It is my understanding that in determining whether a patent claim is
`
`anticipated or obvious in view of the prior art, the Patent Office must construe the
`
`claim by giving the claim its broadest reasonable interpretation consistent with the
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`specification from the standpoint of a person of ordinary skill in the art. For the
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`purposes of this review, unless otherwise stated, I have construed each claim term
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`in accordance with its plain and ordinary meaning under the required broadest
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`reasonable interpretation.
`
`E.
`33.
`
`Persons of Ordinary Skill in the Art
`
`I believe that the ’091 Patent is addressed to a person of ordinary skill
`
`in the art (“POSITA”), i.e., a person with at least the equivalent of a Bachelor of
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`11
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`IPR2016-01520
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`Science in digital electronics, electrical engineering, computer engineering,
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`computer science, or a related technical degree, with several years (e.g., 2-5 years)
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`of post-degree experience in a similar field. In determining who would be a
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`POSITA, I considered at least the following criteria: (a) the type of problems
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`encountered in the art; (b) prior art solutions to those problems; (c) the rapidity
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`with which innovations are made; (d) the sophistication of the technology; and
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`(e) the education level of active workers in the field.
`
`34. Mr. Wechselberger suggests that “a person having ordinary skill in the
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`relevant art at the time of the alleged invention is a person with a bachelor’s degree
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`in electrical engineering, or equivalent experience, and two to four years of
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`experience in the broadcast or cablecast television transmission fields.” Ex. 1001
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`at ¶87.
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`35. While I do not agree with Mr. Wechselberger that a POSITA
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`necessarily has to have 2-4 years of experience in the fields of “broadcast or
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`cablecast television transmission” because the claimed inventions are clearly not
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`limited to those technical fields, the parties’ difference here does not seem to
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`significantly impact the validity analysis based on the cited references.
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`V. Background Technology of the ’091 Patent
`36. At a high level, the ’091 Patent describes an integrated system of
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`programming communication that involves the fields of computer processing,
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`computer communications, television, radio, and other electronic communications.
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`Ex. 1003 at 1:25-32.
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`37. The ’091 Patent describes the creation and delivery of content in a
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`novel manner that provides protected, personalized, interactive, and/or combined
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`medium programming. For instance, the ’091 Patent describes a number of
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`embodiments including a signal processor capable of identifying, evaluating, and
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`decrypting various control signals to facilitate secure delivery of programming
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`content to subscriber stations. Ex. 1003 at 15:14-46.
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`38. One type of control signals taught in the ’091 Patent provides
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`enabling information for receiver operations such as content decryption. These
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`signals are sometimes referred to as “instruct-to-enable signals” and may be
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`embedded in the programing or may be elsewhere. Ex. 1009, 13:17-20.
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`39. The signals may instruct a decryptor to decrypt the transmission or not
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`to decrypt the transmission. Ex. 1009, 13:24-26. In addition, the “instruct-to-
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`enable signals” may also inform a decryptor how to decrypt. Ex. 1009, 13:27-31.
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`They may transmit a code or codes necessary for the decryption of the
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`programming. Ex. 1009, 13:31-32. The “instruct-to-enable signals” may also
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`inform the receiver apparatus of the fashion for identifying and processing
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`enabling information (e.g., a decryption key) in the incoming transmission, such as
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`where to look for the enabling information and when and how to transfer the
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`information to the decryptor. Ex. 1009, 14:54-61.
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`40. The Challenged Claims are generally directed to decryption key
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`management techniques whereby a receiver station detects and processes one or
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`more instruct-to-enable signals to obtain enabling information (e.g., decryption
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`key) necessary for decryption of digital programming. See Ex. 1003, claims 13,
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`20, 26.
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`VI. Claim Construction
`A.
`“an encrypted digital information transmission including
`encrypted information”
`41. Both claims 13 and 20 recite “an encrypted digital information
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`transmission including encrypted information.”
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`42. A POSITA would understand the claim term “encrypted digital
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`information transmission,” as recited in the ’091 Patent claims, to refer to a form of
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`sending and/or receiving encrypted instructions/commands and data because
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`digital information, in the context of the ’091 Patent specification, refers to
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`instructions/commands and data. See Ex. 1003, 148:13-20.
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`43.
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`I understand that Petitioner wants to define this term as “an
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`information transmission that is partially or entirely digital, at least a portion of
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`which is encrypted.”
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`44.
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`I agree that the “encrypted digital information transmission” can be
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`either partially or entirely encrypted. This is because the specification clearly
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`states an exception applicable to the modifier “encrypted”:
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`“A decrypter does not necessarily decrypt the entire transmission.
`Encrypted transmissions may be only partially encrypted.”
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`Ex. 1009, 13:68-14:2. See also Ex. 1003, 160:19-20 (“a transmission of
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`conventional rerecorded programming that has been encrypted (either fully or
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`partially)”). Furthermore, it is not uncommon for transmissions to be only partially
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`encrypted, for example, to include decryption-enabling information in unencrypted
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`form along with encrypted data in the same transmission.
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`45. However, I am of the opinion that the information content of the
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`“encrypted digital information transmission” must be all-digital. In the phrase
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`“encrypted digital information transmission,” the adjective “digital” indicates that
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`the information content in the transmission is digital data instead of analog signals.
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`Unlike the partial-encryption exception stated for the word “encrypted,” neither the
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`claim language nor the specification indicates any intent for the word “digital” to
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`modify only a part of the “information transmission.” Thus, the plain meaning of
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`“digital information transmission” requires its content to be all-digital; it does not
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`encompass partially digital content because it would otherwise make the modifier
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`“digital” superfluous. Also, to a POSITA, “digital” means digital; one would not
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`confusingly refer to a transmission with a mixture of both digital and analog
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`signals simply as a “digital information transmission” without further clarification.
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`46. This all-digital requirement is also what the patentee actually
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`intended. In the “Amendment and Request for Consideration Pursuant to 37
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`C.F.R. §1.129” submitted on December 21, 2011, PMC amended then claims 45
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`and 52 (which issued as claims 13 and 20 in the ’091 Patent) to change previously
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`recited “information transmission” to “encrypted digital information transmission”
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`and further argued as follows:
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`“Without abandoning their previous argument, Applicants
`acknowledge that it can be argued that Mason teaches encrypted
`elements as part of its analog information transmission. But it does
`not teach the encryption of an entire digital signal transmission. For
`the sake of advancing prosecution, Applicants amend independent
`claims 45 and 52 to clarify that the information transmission received
`is an encrypted digital information transmission. This amendment is
`fully supported by the specification.”
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`Ex. 1039 at 10 (emphasis added).
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`47. The above-quoted claim amendments and argument apparently
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`persuaded the Examiner who then issued a Notice of Allowance on March