`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS LLC
`Patent Owner
`
`______________
`
`Case: IPR2016-01520
`Patent No. 8,559,635
`______________
`
`
`
`DECLARATION OF TIMOTHY D. DORNEY, PH.D., IN SUPPORT OF
`PATENT OWNER’S CONTINGENT MOTION TO AMEND THE CLAIMS
`
`
`
`
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`PMC Exhibit 2223
`Apple v. PMC
`IPR2016-01520
`Page 1
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`Introduction and Qualifications
`1.
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`I, Timothy D. Dorney, submit the following sworn declaration in
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`IPR2016-01520 in support of the validity of U.S. Patent No. 8,559,635 (“ ’635
`
`patent”). I am an employee of Patent Owner, Personalized Media
`
`Communications, L.L.C. (“PMC”).
`
`2.
`
`I am currently the Vice President - Intellectual Property of PMC,
`
`where I am responsible for both licensing and litigation support.
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`3.
`
`I hold a Bachelor of Science degree in Electrical Engineering from
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`Texas A&M University, a Master of Science in Electrical Engineering and Applied
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`Physics from Case Western Reserve University, and Ph.D. in Electrical and
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`Computer Engineering from Rice University. My doctoral thesis was focused on
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`signal processing and imaging techniques for waveforms captured in the THz
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`spectrum.
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`4.
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`I have nearly 10 years of experience working in product development,
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`design, and advanced architecture of semiconductor memories. I’ve worked as
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`both a product development engineer and design engineer in video RAM
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`development, an IC design engineer in application specific DRAM design, and as a
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`Circuits Center of Expertise engineer in memory products design at Texas
`
`Instruments Incorporated.
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`2
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`5.
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`I have over seven years of experience in circuit and product design of
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`small wattage AC/DC converters and LED lighting systems as President of my
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`own company.
`
`6.
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`I am licensed to practice before the United States Patent & Trademark
`
`Office as a patent agent and I have ample experience drafting and prosecuting
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`patent applications in various technologies, with an emphasis in technical fields
`
`including memory, analog circuits, processors, and digital systems. I am a named
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`inventor on at least seven U.S. patents and have authored numerous journal and
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`conference papers.
`
`7.
`
`8.
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`A copy of my curriculum vitae is attached as Exhibit 2206.
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`I am informed and understand that the claims of the patent are judged
`
`from the perspective of a hypothetical construct involving a “person of ordinary
`
`skill in the art.” The “art” is the field of technology to which the patent is related.
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`I understand that the purpose of using the viewpoint of a Person of Ordinary Skill
`
`in the Art (“POSA”) is for objectivity and to avoid hindsight bias.
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`9.
`
`Based on the Institution Decision (Paper #7 at 24), a person of
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`ordinary skill in the art of the claimed invention would have a “bachelor’s degree
`
`or equivalent in digital electronics, electrical engineering, computer engineering,
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`computer science, or a related technical degree, with 2-5 years of post-degree work
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`experience in system engineering (or equivalent).”
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`IPR2016-01520
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`10.
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`I am qualified as a person of at least ordinary skill in the art and my
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`qualifications enable me to provide opinions regarding the claims of the Patents-In-
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`Suit from the perspective of a POSA.
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`Motion to Amend
`11.
`
`I have been informed and understand that if the Patent Trial and
`
`Appeal Board should accept the Petitioner’s arguments and cancel any of the
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`issued ’635 patent claims as unpatentable, PMC has made a contingent motion to
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`amend to substitute the canceled claim(s) with corresponding proposed amended
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`claims 41-48 (“Substitute Claims”).
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`12.
`
`I have reviewed all relevant papers and exhibits in connection with
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`IPR2016-01520, including PMC’s Contingent Motion to Amend filed concurrently
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`herewith.
`
`a. The Proposed Substitute Claims are Supported by the Written
`Description of the Application
`
`13.
`
`I have been informed and understand that to amend the claims, the
`
`Patent Owner must show, among other things, that the Substitute Claims are
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`supported by the written description of the original disclosure of the patent, as well
`
`as any patent application to which the claim seeks the benefit of priority.
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`14. To satisfy the written description requirement, I have been informed
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`and understand that the Substitute Claims must be disclosed in sufficient detail
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`
`
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`4
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`PMC Exhibit 2223
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`such that a POSA can clearly conclude that the inventor invented the claimed
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`invention as of the filing date sought.
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`15. The proposed Substitute Claims of the ’635 patent are included below:
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`2. (Parent of substitute claims 42 and 43) A method for controlling
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`the decryption of programming at a subscriber station, said method
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`comprising the steps of:
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`receiving programming, said programming having a first encrypted
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`digital control signal portion and an encrypted digital information
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`portion;
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`detecting said first encrypted digital control signal portion of said
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`programming;
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`passing said first encrypted digital control signal portion of said
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`programming to a first decryptor at said subscriber station;
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`decrypting said first encrypted digital control signal portion of said
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`programming using said first decryptor at said subscriber station;
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`passing said encrypted digital information portion of said
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`programming and the decrypted control signal portion to a second
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`decryptor at said subscriber station;
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`
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`5
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`PMC Exhibit 2223
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`decrypting said encrypted digital information portion of said
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`programming using said second decryptor at said subscriber station
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`based on the decrypted control signal portion; and
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`presenting said programming.
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`41. (Substitute for original claim 3, if found unpatentable) A method
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`of controlling a remote transmitter station to communicate digital
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`program material to a subscriber station and controlling said
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`subscriber station to process or output a unit of digital programming,
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`said method comprising the steps of:
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`receiving a control signal which operates at the remote transmitter
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`station to control the communication of a unit of digital programming
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`and one or more first instruct signals and communicating said control
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`signal to said remote transmitter station;
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`receiving a code or datum identifying a unit of digital programming to
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`be transmitted by the remote transmitter station, said remote
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`transmitter station transferring said unit of digital programming to a
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`transmitter;
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`receiving at said remote transmitter station one or more second
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`instruct signals which operate at the subscriber station to identify and
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`decrypt said unit of digital programming or said one or more first
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`6
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`PMC Exhibit 2223
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`IPR2016-01520
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`instruct signals, said remote transmitter station transferring said one or
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`more second instruct signals to said transmitter; and
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`transmitting from said remote transmitter station an information
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`transmission comprising said unit of digital programming, said one or
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`more first instruct signals, and said one or more second instruct
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`signals, said one or more first instruct signals being transmitted in
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`accordance with said control signal, wherein said remote transmitter
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`station encrypts, absent any scrambling, said unit of digital
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`programming using one of a plurality of cipher algorithms
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`preprogrammed at said subscriber station, wherein a cipher algorithm
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`identification transmitted by said remote transmitter station may be
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`changed to a different one of said plurality of cipher algorithms.
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`42. (Substitute for original claim 4, if found unpatentable)
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`The method of claim 2, wherein said programming further includes
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`encrypted digital video, said subscriber station storing a computer file
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`with a file extension, wherein said computer file comprises subscriber
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`specific digital data, said encrypted digital information portion
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`comprises encrypted digital audio, said second decryptor using one of
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`a plurality of preprogrammed cipher algorithms chosen from said
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`plurality at said subscriber station, said programming further
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`7
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`PMC Exhibit 2223
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`IPR2016-01520
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`comprises unique digital data, wherein said unique digital data is
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`communicated to a remote site, said step of presenting includes
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`outputting audio coordinated in time to bring meaning to video,
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`wherein said audio and said video both result from decrypting, absent
`
`any descrambling, said programming, and said step of presenting is
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`based in part on said subscriber specific digital data.
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`43. (Substitute for original claim 7, if found unpatentable) The
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`method of claim 2, wherein said subscriber station detects, in a
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`transmission channel including said programming, a second control
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`signal portion used to decrypt the first control signal portion, wherein
`
`said programming further includes unique digital data, said subscriber
`
`station communicating said unique digital data to a remote site
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`through a digital information transmission automatically initiated by
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`said subscriber station, said second decryptor decrypts, absent any
`
`descrambling, using one of a plurality of cipher algorithms
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`preprogrammed at said subscriber station chosen based on said
`
`decrypted control signal portion.
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`44. (Substitute for original claim 13, if found unpatentable) A
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`method of processing digital signals at a receiver station comprising
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`the steps of:
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`8
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`PMC Exhibit 2223
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`receiving at least one information transmission;
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`detecting a plurality of digital signals in said at least one information
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`transmission;
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`changing a decryption technique in response to at least a first of said
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`plurality of digital signals, wherein said at least a first of said plurality
`
`of digital signals identifies a cipher algorithm and said changing said
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`decryption technique comprises choosing from amongst a plurality of
`
`cipher algorithms preprogrammed at said receiver station;
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`decrypting, absent any descrambling, a second of said plurality of
`
`digital signals on the basis of said changed decryption technique,
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`wherein said decrypted second of said plurality of digital signals is
`
`embedded with executable instructions and unique digital data;
`
`communicating said unique digital data to a remote site;
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`passing said decrypted second of said plurality of digital signals to a
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`controllable device; [and]
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`controlling said controllable device on the basis of said embedded
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`executable instructions of said passed decrypted second of said
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`plurality of digital signals; and
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`9
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`PMC Exhibit 2223
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`presenting information dependent on said executable instructions and
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`customized based on subscriber specific digital data stored at said
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`receiver station prior in time to said step of receiving.
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`45. (Substitute for original claim 18, if found unpatentable) A
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`method of processing signals at a receiver station comprising the steps
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`of:
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`receiving at least one encrypted digital information transmission,
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`wherein the at least one encrypted digital information transmission is
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`unaccompanied by any non-digital information transmission;
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`storing at said receiver station subscriber specific digital data, said
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`storing preceding in time said step of receiving;
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`locating code;
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`passing said code to a processor at said receiver station;
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`controlling a decryptor that decrypts encrypted digital data to decrypt
`
`in a specific fashion on the basis of said code, wherein said step of
`
`controlling comprises identifying a cipher algorithm from a plurality
`
`of preprogrammed cipher algorithms at said receiver station based on
`
`a received signal from external said receiver station;
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`10
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`PMC Exhibit 2223
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`decrypting a portion of said at least one information transmission in
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`said specific fashion, said decrypted portion having a first decrypted
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`portion and a second decrypted portion; and
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`passing said first decrypted portion of said at least one encrypted
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`digital information transmission to one of said processor and an output
`
`device, wherein said second decrypted portion comprises unique
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`digital data, said unique digital data communicated to a remote site,
`
`and said passing to said output device outputs information customized
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`dependent on said step of storing.
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`46. (Substitute for original claim 20, if found unpatentable) A
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`method of processing signals at a receiver station comprising the steps
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`of:
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`receiving at least one encrypted digital information transmission,
`
`wherein the at least one encrypted digital information transmission is
`
`unaccompanied by any non-digital information transmission;
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`storing at said receiver station a computer file with a file extension,
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`said computer file comprising first unique digital data specific to said
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`subscriber, said first unique digital data resulting from subscriber
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`input at an input device at said receiver station preceding in time said
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`11
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`step of receiving, said subscriber input absent any digital information
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`provider assigned access information;
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`detecting a plurality of signals on said at least one encrypted digital
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`information transmission;
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`decrypting at least one of said plurality of signals, said at least one
`
`decrypted signal embedded with at least one instruct signal which is
`
`effective to instruct, and embedded with second unique digital
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`information;
`
`communicating said second unique digital information to a remote
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`site;
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`passing the at least one decrypted instruct signal to a controllable
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`device; [and]
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`controlling said controllable device on the basis of decrypted
`
`information included in said at least one decrypted instruct signal; and
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`presenting a shopping list customized dependent on said computer
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`file, wherein said step of presenting is dependent on said at least one
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`decrypted instruct signal.
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`47. (Substitute for original claim 32, if found unpatentable) A
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`method of processing signals at a receiver station comprising the steps
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`of:
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`12
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`receiving one or more encrypted digital information transmissions at
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`said receiver station, wherein said one or more encrypted digital
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`information transmissions are unaccompanied by any non-digital
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`information transmission;
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`storing at said receiver station a computer file with a file extension,
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`said computer file comprising first unique digital data specific to a
`
`subscriber, said first unique digital data resulting from subscriber
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`input at an input device at said receiver station that precedes in time
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`said step of receiving, and said subscriber input absent any digital
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`information provider assigned access information;
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`detecting a plurality of signals on said one or more encrypted digital
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`information transmissions, at least a first of one of said plurality of
`
`signals including a control signal;
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`controlling a decryptor that decrypts encrypted digital data in response
`
`to said control signal;
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`decrypting or enabling communication of at least a second of said
`
`plurality of signals on the basis of said step of controlling said
`
`decryptor, wherein said decryptor decrypts using a cipher algorithm
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`from a plurality of preprogrammed cipher algorithms at said receiver
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`station identified dependent on said control signal, wherein decrypted
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`13
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`at least said second of said plurality of signals comprises second
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`unique digital data;
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`communicating said second unique digital data to a remote site;
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`passing said decrypted or enabled at least said second of said plurality
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`of signals to a controllable device; [and]
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`controlling said controllable device by processing instructions
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`embedded in said passed decrypted or enabled at least said second of
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`said plurality of signals; and
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`outputting computer information dependent on said instructions,
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`wherein said computer information is at least in part customized
`
`dependent on said computer file.
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`48. (Substitute for original claim 33, if found unpatentable) A
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`method of processing signals at a receiver station comprising the steps
`
`of:
`
`receiving at least one encrypted digital information transmission,
`
`wherein the at least one encrypted digital information transmission is
`
`unaccompanied by any non-digital information transmission;
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`storing at said receiver station subscriber specific digital data
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`preceding in time said step of receiving;
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`14
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`identifying a plurality of signals in said at least one encrypted digital
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`information transmission;
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`selecting, by processing selection criteria, a first signal of said
`
`plurality of signals including downloadable code;
`
`passing said downloadable code to a processor;
`
`controlling a decryptor that decrypts encrypted digital data to decrypt
`
`in a specific fashion on the basis of said downloadable code, wherein
`
`said specific fashion comprises at least choosing one of a plurality of
`
`cipher algorithms preprogrammed at said receiver station;
`
`decrypting at least one second signal of said plurality of signals in said
`
`specific fashion, wherein decrypted at least one second signal
`
`comprises unique digital data, and comprises a shopping list at least in
`
`part customized dependent on said step of storing;
`
`communicating said unique digital data to a remote site; and
`
`passing said at least one second signal to one of said processor and an
`
`output device.
`
`16.
`
`It is my understanding that the ’635 Patent is based on U.S.
`
`Application No. 08/449,413 (“ ’413 application”) (Ex. 2208). I have reviewed the
`
`’413 application and it is my opinion that a POSA reading the ’413 application
`
`
`
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`15
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`would have understood that the inventors of the ’635 patent, Mr. Harvey et al.,
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`would have been in possession of the invention as recited in the Substitute Claims.
`
`17. Within the ’413 application, the primary embodiments used in the
`
`specification support below reside in Example #4, starting at page 197, Example
`
`#7, starting at page 288, description of an intermediate transmission station
`
`operation, starting at page 429, and the “Exotic Meals of India” embodiment,
`
`starting at page 469. Other portions of the specification are used, as those portions
`
`provide details and explanations that apply to all embodiments. More specifically,
`
`the “Exotic Meals of India” embodiment discloses recipe and shopping list
`
`instructions that are customized by executing the instructions on a microprocessor
`
`at the subscriber station. The recipe and shopping list instructions are delivered to
`
`a subscriber station on a digital data channel. As disclosed, the recipe and
`
`shopping list instructions may be encrypted / decrypted using any technique
`
`explained in the ’413 application. Example #7 discloses decryption of encrypted
`
`digital audio, which is digital information like the recipe and shopping list
`
`instructions. Example #7 discloses cipher algorithm C and cipher key Ca are used
`
`to decrypt the digital audio, selected from cipher algorithms A, B, and C
`
`preprogrammed at the subscriber station. Example #7 further discloses the cipher
`
`information is encrypted, to be decrypted at the subscriber station using key Z
`
`(instead of key J), as in Example #4. Substitute claim 41, instead of focusing on a
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`16
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`subscriber station, focuses on an intermediate transmission station (“ITS”).
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`Specification support for an ITS may be found, amongst other locations, starting at
`
`page 429. The output from this ITS embodiment dovetails into the input in
`
`Example #7. The ITS and Example #7 embodiments both use the “Wall Street
`
`Week” program as an example.
`
`18. For substitute claim 41, within the ’413 application, Harvey et al.
`
`discloses the operation of an ITS to receive digital audio of the “Wall Street Week”
`
`program, a control signal that controls communication, a code or datum that
`
`identifies a unit of digital programming, and at least one first instruct signal or at
`
`least one second instruct signal. The control signal includes particular time
`
`information (e.g., 8:30 PM) and instructions that regulate the timing of events at
`
`the ITS. The code or datum are meter-monitor information that identify specific
`
`information about the “Wall Street Week” program. The first instruct signal
`
`involves the “Select-WSW” instructions that are completed at the ITS to become
`
`the “please-fully-enable-WSW-on-CC13-at-particular-8:30” information
`
`transmitted to the receiver stations. (See 290:4-10). The second instruct signal
`
`involve the “Specific-WSW” instructions that are completed at the ITS to become
`
`the “local-cable-enabling-message (#7)”, which contains a cipher key amongst
`
`other instructions and information, transmitted to the receiver stations. (See 291:9-
`
`20). The ITS transmits an information transmission including the encrypted digital
`
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`17
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`audio, absent any scrambling, and signals received at the ITS. Furthermore, the
`
`ITS encrypts the digital audio using one of a plurality of cipher algorithms
`
`preprogrammed at the subscriber station, and the ITS transmits a cipher algorithm
`
`identification that differs from station to station. Receipt of the information
`
`transmission is described in Example #7.
`
`19. For substitute claim 42, within the ’413 application, Harvey et al.
`
`disclose the “Wall Street Week” embodiment that is the focal point of Example #7.
`
`(Ex. 2208 starting at page 288, Figs. 1A, 1B, 1C, 4). Transmitted programming
`
`includes an encrypted message containing cipher key Ca. The message is
`
`decrypted using decryptor 39K to provide cipher key Ca, which indicates cipher
`
`algorithm C should be used from amongst the plurality of cipher algorithms
`
`preprogrammed at the subscriber station including cipher algorithms A, B, and C.
`
`The encrypted digital audio is decrypted using cipher algorithm C and cipher key
`
`Ca at decryptor 107. Under different decryption routines and hardware, encrypted
`
`digital video is also decrypted. The television show “Wall Street Week” is
`
`presented and unique meter record(s) for the “Wall Street Week” program are
`
`stored at the subscriber station to be communicated to a remote site. Furthermore,
`
`the subscriber station includes a microcomputer which stores the subscriber’s stock
`
`portfolio information in a computer file with a file extension. During the “Wall
`
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`18
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`Street Week” television show presentation, a computer generated overlay graphic
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`based on the subscriber’s stock portfolio is displayed.
`
`20. For substitute claim 43, the ’413 application discloses the “Wall Street
`
`Week” embodiment as described above in relation to substitute claim 42.
`
`Substitute claim 43 requires a second control signal used to decrypt the first control
`
`signal. As taught in Example #7, the encrypted message containing cipher key Ca
`
`contains an execution segment used to decrypt the encrypted message according to
`
`Example #4. The first control signal portion required in claim 2, the parent claim
`
`to substitute claim 43, is cipher key Ca, which is contained in an information
`
`segment that is received in encrypted form.
`
`21. For substitute claim 44, the ’413 application discloses the “Exotic
`
`Meals of India” embodiment, starting at page 469. In the embodiment, an “Exotic
`
`Meals of India” message includes recipe and shopping list instructions that are
`
`customized by executing the instructions on a microprocessor, containing
`
`subscriber specific data, at the subscriber station. The recipe and shopping list
`
`instructions are delivered to a subscriber station on a digital data channel. Figure
`
`7F in the ’413 application shows decryptor 224 interposed between cable converter
`
`box 222 and microcomputer 205. Decryptor 224 may operate using a selected
`
`cipher algorithm from preprogrammed cipher algorithms A, B, or C. As taught,
`
`the recipe and shopping list instructions may be encrypted / decrypted using any
`
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`19
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`technique imparted by Harvey et al. Example #7 discloses decryption of encrypted
`
`digital audio, which is digital information like the “Exotic Meals of India”
`
`message. Example #7 discloses cipher algorithm C and cipher key Ca are used to
`
`decrypt the digital audio, selected from cipher algorithms A, B, and C
`
`preprogrammed at the subscriber station. Example #7 further discloses the cipher
`
`information is encrypted, to be decrypted at the subscriber station using key Z
`
`(instead of key J), as in Example #4. The decrypted “Exotic Meals of India”
`
`message containing the recipe and shopping list instructions also contains a unique
`
`meter record, which is communicated to a remote site. The microcomputer outputs
`
`a customized recipe and shopping list based on subscriber specific digital data
`
`using, at least, a printer. The subscriber specific data is stored on the
`
`microcomputer prior to receiving the “Exotic Meals of India” message.
`
`22. For substitute claim 45, the ’413 application discloses the “Exotic
`
`Meals of India” embodiment, starting at page 469. Substitute claim 45 uses
`
`support described above in substitute claim 44. Specifically, the same “Exotic
`
`Meals” embodiment is encrypted using the Example #7 message with cipher
`
`algorithm C and cipher key Ca. A different cipher algorithm and key could have
`
`been used such as cipher algorithm A or B, and respective keys Aa or Ba. The
`
`Example #7 also discloses its message is encrypted using key Z (and a related
`
`cipher algorithm) taught in Example #4. As in substitute claim 44, substitute claim
`
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`20
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`PMC Exhibit 2223
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`45 is supported by disclosing the customization of the “Exotic Meals of India”
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`recipe and shopping list instructions using subscriber specific digital data stored in
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`advance of the “Exotic Meals of India” message transmission. Furthermore, for
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`substitute claim 45, Harvey et al. disclose “one digital data channel”, which is an
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`all-digital channel, for receipt of the “Exotic Meals of India” message. Also,
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`unique meter records from the “Exotic Meals” transmission are communicated to a
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`remote site. The claimed “code” is supported at least by instructions used to
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`identify one of a preprogrammed cipher algorithms at the receiver station. An
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`execution segment in Example #4 identifies a cipher algorithm. An information
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`segment in Example #7 identifies a different cipher algorithm.
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`23. For substitute claim 46, the ’413 application discloses the “Exotic
`
`Meals of India” embodiment, starting at page 469. Substitute claim 46 is similar to
`
`substitute claim 45. However, the “subscriber specific digital data” is disclosed in
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`the ’413 application as being unique and stored in a computer file with a file
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`extension. The user’s street address is stored in an IBM computer file named
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`A:DATA_OF.URS, which is the same computer file containing the family size and
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`dietary habits used to customize the information in the “Exotic Meals of India”
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`message. Harvey et al. disclose delivery of a product may occur at the street
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`address. Accordingly, the “subscriber specific digital data” is unique by including
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`a street address that is different to all other street addresses. Also, “at least one
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`instruct signal” is required in substitute claim 46. An “instruct signal” is supported
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`by Harvey et al. using at least a decrypted execution segment of a SPAM message
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`containing cipher information.
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`24. For substitute claim 47, the ’413 application discloses the “Exotic
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`Meals of India” embodiment, starting at page 469. Substitute claim 47 is similar to
`
`substitute claim 46. However, substitute claim 47 removes the requirement of an
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`“instruct signal which is effective to instruct”, in favor of a “control signal”, which
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`is supported by Harvey et al. using at least a header and/or encrypted execution
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`segment of a SPAM message containing cipher information.
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`25. For substitute claim 48, the ’413 application discloses the “Exotic
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`Meals of India” embodiment, starting at page 469. Substitute claim 48 is similar to
`
`substitute claim 45. However, substitute claim 48 requires “downloadable code” in
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`the transmitted signals, which is supported by Harvey et al. using at least an
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`information segment of a SPAM message containing cipher information.
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`26. Each limitation of the Substitute Claims is disclosed in the ’413
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`applications. Support for the proposed substitute ’635 patent claims is shown
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`below:
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`Substitute Claim
`
`Disclosure in the 08/449,413 Application (Ex. 2208)
`
`2. (In support of
`substitute claims
`42 and 43) A
`
`286:34-287:7: “FIG. 4 shows five additional devices –
`three decryptors, 107, 224 and 231, a signal stripper, 229,
`and a signal generator, 230 associated with matrix switch,
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`Substitute Claim
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`Disclosure in the 08/449,413 Application (Ex. 2208)
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`method for
`controlling the
`decryption of
`programming at a
`subscriber station,
`said method
`comprising the
`steps of:
`
`
`receiving
`programming,
`said programming
`having a first
`encrypted digital
`control signal
`portion and an
`encrypted digital
`information
`portion;
`
`
`258. Decryptors, 107, 224 and 231, are conventional
`decryptors, well known in the art, with capacity for
`receiving encrypted digital information, decrypting said
`information by means of a selected cipher algorithm and a
`selected cipher key, and outputting the decrypted
`information.”
`
`289:12-21: “In example #7, the intermediate station that
`retransmits "Wall Street Week" program information to the
`subscriber station of Fig. 4 is a cable television system head
`end (such as the head end of Fig. 6). Prior to
`retransmission, said station encrypts the digital audio
`information of said transmission, in a fashion well known in
`the art, using particular cipher algorithm C and cipher key
`Ca, then transmits the information of said program on cable
`channel 13, commencing at a particular 8:30 PM time on a
`particular Friday night.”
`
`“receiving programming”
`
`289:15-21: “Prior to retransmission, said station encrypts
`the digital audio information of said transmission, in a
`fashion well known in the art, using particular cipher
`algorithm C and cipher key Ca, then transmits the
`information of said program on cable channel 13,
`commencing at a particular 8:30 PM time on a particular
`Friday night.”
`
`“said programming having a first encrypted digital
`control signal portion and an encrypted digital
`information portion”
`
`288:30-35: “In example #7, the program originating
`studio that originates the "Wall Street Week"
`transmission transmits a television signal that consists of
`so-called "digital video" and "digital audio," well known
`in the art. Prior to being transmitted, the digital video
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`Substitute Claim
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`Disclosure in the 08/449,413 Application (Ex. 2208)
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`information is doubly encrypted …”
`
`289:15-21: “Prior to retransmission, said station encrypts
`the digital audio information of said transmission, in a
`fashion well known in the art, using particular cipher
`algorithm C and cipher key Ca, then transmits the
`information of said program on cable channel 13,
`commencing at a particular 8:30 PM time on a particular
`Friday night.”
`
`290:15-291:8: “At a particular commence-enabling time
`that is a predetermined interval prior to the aforementioned
`8:30 PM time (when said originating studio commences
`transmitting the "Wall Street