58.
`
`The Examiner's rejection noted that the specification did not disclose how
`
`a power signal would be fluctuated to provide distinguishing information about the
`
`piece of terminal equipment.
`
`59.
`
`In response, the applicants cancelled all the claims and submitted new
`
`claims starting with claim 72, reproduced below:
`
`72. (New) An identifiable piece of Ethernet terminal equipment comprising:
`
`an Ethernet connector comprising first and second pairs of contacts used to carry
`Ethernet communication signals,
`
`at least one path coupled across at least one of the contacts of the first pair of
`contacts and at least one of the contacts of the second pair of contacts,
`
`the piece of Ethernet terminal equipment to draw current via the at least one path
`wherein the current comprises information to identify the piece of Ethernet
`terminal equipment as a particular piece of Ethernet terminal equipment.
`
`'107 Prosecution History at 1047 (CMS050931) (emphasis added).
`
`60.
`
`The claimed Ethernet terminal equipment includes at least two pairs of
`
`contacts, and a path coupled across at least one contact of each pair. At this point in the
`
`claim, all that is disclosed is a topology structure, namely a path that couples between at
`
`least one contact in each of two pairs of contacts. There is not yet any claim element
`
`indicating whether or what current is or is not present in the path.
`
`61.
`
`However, claim 72 further requires that the piece of Ethernet terminal
`
`equipment is ”to draw current via the at least one path” and that that current
`
`”comprises information to identify the piece of Ethernet terminal equipment as a
`
`particular piece of Ethernet terminal equipment.” These are functional limitations; i.e.
`
`they are defined solely by the function that is to be performed by the previously recited
`
`structure.
`
`62.
`
`Applicants’ remarks accompanying claim 72 and its dependents are
`
`provided in full below:
`
`-19-
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`litctwlthetanding. Applicant notes that newly presented Claims 72 - 163 new
`
`claim first and second pairs of contacts ofan Ethernet connector used to cany Ethernet
`
`communication signals and at least one path coupled across at least one of he contacts
`
`ofthetirstpaircfcontacls andatleastoneoilhecontaclsottheeecondpaircf
`
`contacts. Theatleastoneotthecontectsofthellrstpalrandtheatleestoneolthe
`
`contacts ofthe second pair refened to asihe recited contacts. The identifiable piece of
`
`Elhemet lerrninal equiirnent to drain current via the at least one path coupled across
`
`therecitedoontaclswhereinthecunemcompriseshfomlafiontoidemflyflie placeof
`
`Ethemet terminal equipment as a parflcular piece of Ethernet terrnhal equipment
`
`Support for the presently claimed subject matter can be found throughout the orighally
`
`tiled specification and drawings of the present application. including Paragraphs [D002].
`
`[D005]. [D041]. [D052] and Figure B. Reconsideration and withdrawal of the present
`
`rejedion are requested.
`
` fl
`
`Claims 1-71 stand rejected under 35 use. 5 103(3) as beiig unpatentable over
`
`Davis et at. (US. Pat No. 5,754,764) in View of Blair et al. (U.S. Pat. No. 5.586.273).
`
`This rejection is respectfully traversed.
`
`At the outset. Applicant notes that by way of the present Amendment. Claims
`
`1-71 have been cancelled, thereby rendering this rejedion moot. Notwithstanding. in an
`
`to expedite prosecution, Applicant submits the following comments in
`attempt
`connection with Davis et al. and Blair at al.
`
`Specifically. Applicant submits that Davis at al. merely teach that input/output and
`
`local area network funaions are combined into a single integrated circuit on a single
`
`semiconductor. Local area network circuitry and input and output circuitry are both
`
`coupledtoatieestonehostsyeternviaacormrondatabus.
`
`(Abstract)
`
`lnsorne
`
`embodiments. Eihemet communications are employed.
`
`However. it should be abundantly clear that Davis et al. are completety silent with
`
`regard to ‘an Ethemet connector comprising first and second pairs of contacts used to
`
`carry Ethernet communication signals’. the recited contacts at the Ethernet connector
`
`0.9., ‘at least one path coupled across at least one of the contacts of the first pair of
`
`contacts of [the Ethernet connector] and at least one of the contads of the second pair
`
`of contacts [ot the Ethernet connected’), ‘the piece of Ethernet terminal equipment to
`
`draw current via the at least one path [coupled across the recited contacts] wherein the
`
`current comprises infomiation to identify the piece of Ethernet terminal equipment as a
`
`particular piece of Ethemet tenninal equipment’ as presently claimed. That is, although
`
`Davis at at. note usage of an Ethemet network, Davis at al. are completely silent with
`
`-20-
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`’107 Prosecution History at 1065-67 (CMS050949—51).
`
`63.
`
`Applicants distinguished over Davis explaining that the claims as
`
`amended require "using the at least one path coupled across contacts used to carry
`
`Ethernet communication signals, and to draw current via the at least one path coupled
`
`across the recited contacts wherein the current comprises information to identify the
`
`piece of Ethernet terminal equipment as a particular piece of Ethernet terminal
`
`equipment.” (emphasis added)
`
`64.
`
`Applicants again focused on using the path to draw current when
`
`distinguishing the combination of Davis and Blair (conceded as including an Ethernet
`
`connector) because Blair allegedly also fails to disclose "using the recited contacts of the
`
`Ethernet connector, which are also used to carry Ethernet communication signals, to
`
`couple a path across to draw current wherein the current comprises information to
`
`identify the piece of Ethernet terminal equipment.” Id. (emphasis added)
`
`65.
`
`Consistent with the remarks, the claims were not amended using the
`
`terms ”operable to , capable of”, or "configured to.” Instead, the functions performed
`
`by the Ethernet equipment are defined using the infinitive "to draw [] current.”
`
`-21-
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`66.
`
`Dependent claims 92 and 107 were introduced at the same time as
`
`independent claim 72, all reproduced below:
`
`?'2.
`
`(New) An identifiable piece of Ethernet terminal equipment comprising:
`
`an Ethernet connector comprising first and second pairs of contacts used to carry
`
`Ethernet communication signals. at least one path coupled across at least one of the
`
`contacts of the first pair of contacts and at least one of the contacts of the second pair of
`
`contacts, the piece of Ethernet terminal equipment to draw current via the at least one
`
`path wherein the current comprises information to identify the piece of Ethernet terminal
`
`equipment as a particular piece of Ethernet terminal equipment.
`
`92.
`
`(New) The identifiable piece of Ethernet terminal equipment of claim 72
`
`wherein the piece of Ethernet terminal equipment to draw different magnitudes of
`
`current via the at least one path.
`
`107.
`
`(New) The identifiable piece of Ethernet terminal equipment of claim 72
`
`wherein the current comprises DC current.
`
`'107 Prosecution History at 1047 (CMS050931), 1050 (CMS050934), 1053 (CMS050937).
`
`67.
`
`The Examiner rejected claims 72, 92, and 107 (among others) in View of
`
`U.S. Patent No. 5,923,663 (”Bontemps”) and in combination with the ’260 patent. ’107
`
`Prosecution History at 1097-1101 (CMS050981—85).
`
`68.
`
`However, the Examiner indicated that then pending claims 93-96, 147-149,
`
`and 163 would be allowable if rewritten in independent form including all of the
`
`limitations. Those claims are reproduced below:
`
`-22-
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`93.
`
`(New) The identifiabie piece of Ethernet terminal equipment of claim 92
`
`wherein at least two different magnitudes of the current comprise the infonnation to
`
`identify the piece of Ethernet terminal equipment.
`
`94.
`
`(New) The identifiable piece of Ethernet terminal equipment of claim 92
`
`wherein the different magnitudes of current comprise a series of magnitudes.
`
`95.
`
`(New) The identifiable piece of Ethemet terminal equipment of claim 92
`
`wherein the different magnitudes of current occur at regular intervals.
`
`96.
`
`(New) The identifiable piece of Ethemet terminal equipment of claim 92
`
`wherein the different magnitudes of current result from at least one condition applied to
`
`the contacts of the Ethernet connector.
`
`147.
`
`(New) The identifiable piece of Ethernet terminal equipment according to
`
`claim 72 wherein the current comprises a first magnitude of current for a first interval
`
`followed by a second magnitude of current for a second interval wherein the second
`
`magnitude is greater than the first magnitude.
`
`148.
`
`(New) The identifiable piece of Ethernet terminal equipment according to
`
`claim 14? wherein at least one of the first and second magnitudes of current identifies
`
`the piece of Ethernet terminal equipment.
`
`149.
`
`(New) The identifiable piece of Ethernet terminal equipment of claim 72
`
`wherein a magnitude of the current is part of a detection protocol.
`
`163.
`
`(New) The identifiable piece of Ethernet terminal equipment according to
`
`claims 72 through 162 wherein the current comprises information to identify the piece of
`
`Ethernet of terminal equipment as a particular piece of Ethernet terminal equipment with
`
`the piece of Ethernet terminal equipment powered—c-ff.
`
`’107 Prosecution History at 1051 (CMS050935), 1059-60 (CMS050943—44), 1062
`(CMS050946).
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`-23-
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`DECLARATION OF RICH SEIFERT
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`69.
`
`Each of the allowable dependent claims require ”current” to be present.
`
`Claim 93 requires at least two different magnitudes of current. Claim 95 requires
`
`different magnitudes of current at regular intervals. Claim 96 requires current resulting
`
`from at least one condition applied. Claim 147 requires different magnitudes of current
`
`with the larger magnitude occurring second. Claim 148 requires two magnitudes of
`
`current, one of which identifying the device. Claim 149 requires a magnitude of current
`
`being part of a detection protocol. Claim 163 requires current comprising information.
`
`70.
`
`The Examiner deemed these claims allowable not because of any
`
`structural limitations in the claim. Rather, they were allowed due to specific limitations
`
`requiring current flowing in the accused products.
`
`71.
`
`A licants further amended claim 72 as shown below:
`
`
`
`
`
`’107 Prosecution History at 1151 (CMS051035) (edits in original).
`
`72.
`
`In response to the Examiner's rejections in view of Bontemps and the ’260
`
`patent, the applicants added that the ”piece of Ethernet terminal equipment to draw
`
`current” would also draw ”different magnitudes,” that the current was ”DC”, and there
`
`was current "flow.”
`
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`73.
`
`The word ”flow” was correspondingly added three times in the claim for
`
`the functional limitations. As shown above, the inclusion of ”flow” was a deliberate
`
`choice, added for the first time in the claims in this amendment.
`
`74.
`
`The addition of "for the purpose of drawing DC current” provides an
`
`intended use for the path, namely, to draw DC current.
`
`75.
`
`"Flow” was added to the existing word "current” to impart a different
`
`meaning than merely "for the purpose of drawing DC current.” It connotes that current
`
`is actually flowing.
`
`76.
`
`This is further confirmed by the context in which the term "current flow”
`
`is used. Consistent with the earlier explications of the need to use the path to draw
`
`current in accordance with the asserted invention, the Ethernet terminal equipment was
`
`amended ”to draw different magnitudes of DC current flow,” different magnitudes of
`
`current flow ”result from at least one condition applied,” and further that at least one of
`
`the magnitudes of DC current flow to convey information.”
`
`77.
`
`The changes from ”to draw current” to ”to draw different magnitudes of
`
`DC current flow,” from ”current comprises information” to "DC current flow to convey
`
`information,” and the addition of "at least one condition applied” all confirm that
`
`specific actions are required by the claims.
`
`DISPUTED PHRASES
`
`(A)
`
`The Use of the Infinitive ”To
`
`”
`
`78.
`
`The following phrases in the asserted claims of the Patents-in-Suit use the
`
`infinitive ”to _”: "to draw different magnitudes of DC current flow”; ”to detect at
`
`least two different magnitudes of the current flow”; "to detect current flow”; ”to detect
`
`different magnitudes of DC current flow”; "to detect distinguishing information within
`
`-25-
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`the DC current”; ”to distinguish one end device from at least one other end device”; "to
`
`distinguish one network object from at least one other network object”; ”to distinguish
`
`the piece of Ethernet terminal equipment from at least one other piece of Ethernet
`/r_ 1/
`terminal equipment ,
`n_ 11
`other end device ,
`
`to distinguish the powered-off end device from at least one
`
`to distinguish the piece of BaseT Ethernet terminal equipment from
`
`at least one other piece of BaseT Ethernet terminal equipment”; "to control application
`
`of at least one electrical condition”; ”to control application of the at least one DC power
`
`signal”; ”to convey information about the piece of Ethernet terminal equipment”; ”to
`
`convey information about the powered-off end device”; ”to provide at least one DC
`
`current”; and ”to result from at least one condition applied to.”
`
`79.
`
`The prosecution history of the ’107 patent demonstrates that the use of ”to
`
`” for these limitations and "current flow” (as opposed to ”current”) in the claims of
`
`the ’107 patent and continuation ’838 and ’760 patents requires that the functional acts
`
`must be performed, as opposed to only being capable of being performed.
`
`80.
`
`The asserted independent claims of the ’107, ’760, and ’838 patents are
`
`reproduced below with the infinitive ”to
`
`” clauses shown below in italics for
`
`context.
`
`1. A piece of Ethernet terminal equipment comprising:
`
`an Ethernet connector comprising first and second pairs of contacts used to carry
`Ethernet communication signals,
`at least one path for the purpose of drawing DC current, the at least one path
`coupled across at least one of the contacts of the first pair of contacts and at
`least one of the contacts of the second pair of contacts,
`the piece of Ethernet terminal equipment to draw difierent magnitudes of DC
`current flow via the at least one path, the different magnitudes of DC current
`flow to result from at least one condition applied to at least one of the contacts of the
`first and second pairs of contacts,
`
`wherein at least one of the magnitudes of the DC current flow to convey
`information about the piece of Ethernet terminal equipment.
`
`104. A powered-off end device comprising:
`
`an Ethernet connector comprising first and second pairs of contacts,
`at least one path for the purpose of drawing DC current, the at least one path
`coupled across at least one of the contacts of the first pair of contacts and at
`least one of the contacts of the second pair of contacts,
`the powered-off end device to draw diflerent magnitudes of DC currentflow via
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`the at least one path,
`
`the different magnitudes of DC current flow to result from at least one condition
`applied to at least one of the contacts of the first and second pairs of contacts,
`
`wherein at least one of the magnitudes of the DC current flow to convey
`information about the powered-off end device.
`
`’107 patent, claims 1, 104.
`
`1. A BaseT Ethernet system comprising:
`a piece of central BaseT Ethernet equipment;
`a piece of BaseT Ethernet terminal equipment;
`
`data signaling pairs of conductors comprising first and second pairs used to
`carry BaseT Ethernet communication signals between the piece of central
`BaseT Ethernet equipment and the piece of BaseT Ethernet terminal
`equipment,
`
`the first and second pairs physically connect between the piece of BaseT Ethernet
`terminal equipment and the piece of central BaseT Ethernet equipment,
`
`the piece of central BaseT Ethernet equipment having at least one DC supply,
`
`the piece of BaseT Ethernet terminal equipment having at least one path to draw
`difierent magnitudes of current flow from the at least one DC supply through a
`loop formed over at least one of the conductors of the first pair and at least
`one of the conductors of the second pair,
`
`the piece of central BaseT Ethernet equipment to detect at least two different
`magnitudes of the current flow through the loop and to control the application of at
`least one electrical condition to at least two of the conductors.
`
`73. A BaseT Ethernet system comprising:
`Ethernet cabling having at least first and second individual pairs of conductors
`used to carry BaseT Ethernet communication signals, the at least first and
`second individual pairs of conductors physically connect between a piece of
`BaseT Ethernet terminal equipment and a piece of central network
`equipment;
`
`the piece of central network equipment having at least one DC supply,
`
`the piece of BaseT Ethernet terminal equipment having at least one path to draw
`diflerent magnitudes of current flow via the at least one DC supply through a
`loop formed over at least one of the conductors of the first pair of conductors
`and at least one of the conductors of the second pair of conductors, the piece
`of central network equipment to detect at least two different magnitudes of
`currentflow through the loop.
`
`’760 patent, claims 1, 73.
`
`1. A central piece of network equipment comprising:
`
`at least one Ethernet connector comprising first and second pairs of contacts used
`to carry BaseT Ethernet communication signals; and
`
`the central piece of network equipment to detect different magnitudes of DC current
`flow via at least one of the contacts of the first and second pairs of contacts and
`
`to control application of at least one electrical condition to at least one of the contacts of
`the first and second pairs of contacts in response to at least one of the magnitudes of
`the DC current flow.
`
`’838 patent, claim 1
`
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`81.
`
`The infinitive ”to
`
`” is used in the claims shown above to identify the
`
`function to be performed by the claimed Ethernet terminal equipment, end device, and
`
`central piece of network equipment.
`
`82. Mr. Baxter concedes that these clauses specify a function. Baxter Decl. at ‘E
`
`16. Mr. Baxter also concedes that "current” and ”current flow” do not constitute
`
`structure in the claims. Baxter Decl. at HI 64.
`
`83.
`
`I agree with Mr. Baxter to the extent that the claim language ”at least one
`
`path coupled across [claimed contacts] for the purpose of drawing DC curren ” alone
`
`does not require current to be flowing through the path. Id. The ”path coupled across”
`
`and related limitations provide the claimed structure necessary for current flow.
`
`84.
`
`However, Mr. Baxter is incorrect that ”claim 1 merely requires a path that
`
`is configured to draw DC current.” Baxter Decl. at ‘H 65.
`
`85. With respect to claim 1 (then pending claim 72) of the ’107 patent,
`
`Applicants’ remarks to overcome the cited Blair and Davis prior references twice
`
`explained that the claims as amended allegedly overcame the prior art because
`
`"although Davis et al. not usage of an Ethernet network, Davis at al. are completely
`
`silent with regard to using the at least one path coupled across contacts to carry Ethernet
`
`communication signals, and to draw current via the at least one path coupled across the
`
`recited contacts ....” ’107 Prosecution History at 1066-67 (CMS050950—51) By both
`
`amending the claim to require action and arguing that that action (the drawing of
`
`current) was not present in the cited prior art, the applicants made it clear that actual
`
`current (current flow) was required in the claim.
`
`86.
`
`Applicants further amendment of claim 72 adding the requirement that
`
`the current results from a condition applied and the addition of the word "flow” after
`
`”current” for all the functional claim limitations further clarifies that performance of the
`
`actions is required. The addition of the word ”flow” was deliberate and suggests a
`
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`different meaning for ”current” and ”current flow.” Specifically, ”current flow” is
`
`suggesting that the current is actually flowing.
`
`87.
`
`Applicants also amended the claims to add ”for the purpose of drawing
`
`DC current” for the path. Where applicants wanted to assert an intended use or
`
`capability to perform an action, for example, they drafted the claim language
`
`accordingly. Mr. Baxter does not suggest any change in the configuration or design of
`
`the path to allow it to do the rudimentary task of ”drawing DC current”
`
`88.
`
`In View of the remarks in the prosecution history, amendment of the
`
`claims to add "flow,” and functional limitations being tied to the claimed device itself,
`
`Applicants make it clear that the infinitive phrases "to _” should be interpreted to
`
`require that the specified functional limitations are actually performed.
`
`89.
`
`For example, claim 1 of the ’107 patent (then pending claim 72) was
`
`amended to add specific functional limitations tied to actions that would only occur
`
`when current is
`
`resent:
`
`’107 Prosecution History at 1151 (CMSO51035).
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`90.
`
`This claim is directed to Ethernet terminal equipment comprising
`
`structural limitations provided by the Ethernet connector and path coupled across the
`
`claimed contacts of the Ethernet connector. This path already has the ability to draw DC
`
`current as evidenced by its intended use.
`
`91.
`
`The remainder of the limitations recite what actions the clamed Ethernet
`
`terminal equipment must do with that structure. Specifically, while the structure is
`
`already provided for drawing DC current Via the path coupled across, the acts of
`
`drawing different magnitudes of DC current due to a condition applied and in which
`
`one magnitude conveys information about the Ethernet terminal equipment must occur.
`
`92. Mr. Baxter asserts that each instance of ”to _” be construed to read in
`
`”configured to” or ”designed to” perform the function recited in the claim. Baxter Decl.
`
`at ‘H 16. In doing so, he is merely rewriting the claims to suit his needs. Had this been
`
`the intent, the drafter of the claims could easily have used the appropriate language.
`
`93. Mr. Baxter's interpretation renders ”the piece of Ethernet terminal
`
`equipment to draw different magnitudes of DC current flow via the at least one path,
`
`the different magnitudes of DC current flow to result from at least one condition
`
`applied to at least one of the contacts of the first and second pairs of contacts, wherein
`
`at least one of the magnitudes of the DC current flow to convey information about the
`
`piece of Ethernet terminal equipment” superfluous.
`
`94.
`
`One of ordinary skill in the art would know that the ”path coupled
`
`across” inherently possesses the ability to draw DC current (including different
`
`magnitudes of DC current) when connected, to have the magnitude of DC current
`
`measured, and to be affected in accordance Ohm’s law. Ethernet terminal equipment
`
`already including the path coupled across does not add any further configuration or
`
`design already present in the path itself.
`
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`95.
`
`The functions were provided overcome the prior art without imparting
`
`any additional structure to the claim, ”flow” was added, and the remarks by the
`
`Applicant make it clear that ”to
`
`” requires the actions to be performed.
`
`(B)
`
`Current / Current Flow
`
`96. Mr. Baxter and I agree regarding the definition of "curren ” as a flow of
`
`electrons (or electric charge). We also agree that the use of "current” and ”current flow”
`
`in the patents generally refers to direct current (DC), as opposed to alternating current
`
`(AC). Baxter Decl. at ‘MI 57, 59.
`
`97. Mr. Baxter asserts that "current" and ”current flow” mean the same thing.
`
`Baxter Decl. at ‘H 57. His argument is that because ”curren ” and ”current flow” are both
`
`preceded by ”DC,” they are both "being used in connection with direct current.” Baxter
`
`Decl. at ‘][‘][ 61-63. I agree that ”current” and ”current flow” both refer to direct current
`
`(DC) in the asserted claims.
`
`98.
`
`However, from the fact that both "current” and ”current flow” are
`
`preceded by DC as a modifier, Mr. Baxter wrongly concludes: ”Thus, a person of
`
`ordinary skill in the art would understand that the terms ‘current’ and ‘current flow’ to
`
`mean the same thing in the context of the claims, namely a flow of electric charge.”
`
`Baxter Decl. at '31 63. Mr. Baxter's conclusion does not logically follow and fails to
`
`consider the manner in which "flow” was added in the prosecution history.
`
`99.
`
`As noted above, ”flow” was deliberately introduced in the claims, which
`
`previously only mentioned "current.” This addition was made to distinguish the
`
`functional limitations (i.e., the actions) that the Ethernet terminal device/ end device
`
`must perform from the structural limitations (i.e., the Ethernet connector and the path).
`
`In this respect, ”current flow” connotes that current is actually flowing to satisfy the
`
`claim limitation.
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`100.
`
`For example, in contrast with the path’s structure having an intended use
`
`”for the purpose of drawing DC current,” the applicants specifically amended their
`
`claims to require that the piece of Ethernet terminal equipment draw different
`
`magnitudes of DC current flow via the at least one path.
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`101.
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`Following Mr. Baxter's logic, the functional limitations in the claims
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`reciting ”current flow” become superfluous. The path coupled across has the structure
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`for DC current to flow and is expressly defined with an intended use of drawing DC
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`current. The Ethernet terminal equipment as claimed is already defined to include this
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`path. Applying Mr. Baxter's interpretation, the Ethernet terminal equipment is merely
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`configured (or designed) to draw different magnitudes of DC current flow in response
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`to at least one condition applied to a contact. However, such a capability must already
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`be present in the path through the operation of Ohm’s law.
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`102. Any ambiguity concerning ”current flow” is resolved by the prosecution
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`history as discussed above. Applicants specifically added "flow” multiple times for the
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`functional limitations. Applicants explained that the distinction over the prior art was
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`”using” the path to draw current, not any structural difference.
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`103.
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`The ”at least one path” provides the structure to carry a DC current
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`presented from one contact in one pair to another Contact in another pair, and that
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`current is governed by Ohm’s law. Under the claim language, the Ethernet terminal
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`equipment must have not just the capability to draw different magnitudes of DC current,
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`it must actually draw different magnitudes of DC current.
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`(C)
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`Path Coupled Across
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`104.
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`The word ”path” is used only once in the specification:
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`The output of signal modulator 7 is diode OR’d with the
`output of isolation power supply 8 and then connects to one
`of the transmit data lines that connect to remote module 16.
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`-32-
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`DECLARATION OF RICH SEIFERT
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` it 1029
`0032
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`Aerohive - Exhibit 1029
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`The return path for current from PC 3A is the pair of receive
`data lines.
`
`‘012 Patent, 7:31-53; ’107 Patent, 7:37-61.
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`105. Mr. Baxter does not propose a plain and ordinary meaning of “path.“ The
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`plain and ordinary meaning of “path" as used in the claims is the route or course over
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`which the signal travels. Specifically, the “path" is the course that the signal travels
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`from one claimed contact to the other claimed contact.
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`106. Variations of the word “couple” are used 16 times in the specification:
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`FIG. 10 is a detailed schematic diagram which illustrates a remote
`module and a central receiver module coupled to a network in
`accordance with the third embodiment of the present invention.
`‘O12 Patent, 4:4-7.
`
`Each pair of transmit and receive wires are internally coupled to an
`associated personal computer via two windings of an internally located
`isolation transformer (not shown). Each pair of transmit wires and each
`pair of receive wires thereby form a current loop through one of the
`personal computers 3A through 3D which is advantageously employed
`in accordance with the approach described herein.
`‘O12 Patent, 5:25-32.
`
`Within central module 15 a, high pass filter 62 prevents the encoded
`signal from being conducted through the data lines to hub 1. The signal
`couples through transformer 72 to low pass active filter 74 which filters
`out normal network communications signals. The filtered signal is
`squared-up by comparator 76 and outputted to Manchester decoder 5.
`‘012 Patent, 8:59-65.
`
`It is also within the scope of the invention to couple the signal from the
`receiver data lines through an isolating device into a microprocessor
`wherein the low pass filtering and decoding functions are implemented.
`‘O12 Patent, 9:14-18.
`
`The tether 150 includes two conductive lines 152 and 154 coupled
`between a pair of connectors 156 and 158. An attachment status signal is
`conducted through the conductive lines 152 and 154 for indicating
`whether the tether 150 remains attached to the protected equipment. The
`first conductive line 152 includes pads P1 and P2 inline to provide a
`means of shorting a break in the line. The second conductive line 154 is
`coupled directly between the connectors. An external jumper 160 is
`connected to the output connector 158 of the tether 150 to complete the
`electrical connection.
`
`‘O12 Patent, 11:26-36.
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`-33-
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`DECLARATION OF RICH SEIFERT
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`Aerohive - Exhibit 1029
`0033
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`The system transmits a signal over pre-existing network wiring or cables
`without disturbing network communications by coupling a signal that
`does not have substantial frequency components within the frequency
`band of network communications. The system is particularly suitable for
`high-frequency networks such as Ethernet operating at speeds of 10
`megabits per second (Mb / s) and higher. For purposes of this invention
`the term "high frequency information” means the band of frequencies
`needed to carry data at 10 Mb / s or more. Coupling a lower frequency
`signal to the data lines of such a network permits increased utilization of
`the available transmitting medium without a commensurate increase in
`the cost of the network.
`‘O12 Patent, 11:64-12:9.
`
`Further suppression of harmonics results from the lowpass filtering
`provided by the resistors used to couple the low frequency signal to the
`data lines acting with the capacitors used for the highpass function
`mentioned above.
`‘O12 Patent, 12:43-47.
`
`A decoder plug 206 attached to a computer port is electronically coupled
`to the sender tag 202. The decoder plug 206 receives the serial stream,
`and then converts the serial stream into a signal format that is
`compatible with the port to which the decoder plug 206 is connected.
`Although, in the presently preferred embodiment the decoder
`lug 206
`is connected to a computer parallel port 210, the principles of the
`invention may be readily extended to other types of ports, such as USB,
`Firewire, keyboard, and serial ports. In addition, the scope of the
`invention includes coupling multiple ID senders 202 to a single decoder
`plug 206 so that multiple objects can be monitored with the decoder plug
`206. Also, connecting multiple decoder plugs 206 in series is within the
`scope of the invention.
`‘O12 Patent, 13:30-44.
`
`Although the presently preferred embodiment of the invention includes
`a port reader 218 and a control manager 216, the principles of the
`invention may be practiced with merely an ID sender tag 202
`electronically coupled to a decoder plug 206.
`‘O12 Patent, 13:59-63.
`
`The buffered serial stream is coupled from the output of the signal
`receiver 230 to an input of the processor 232 which converts it into a
`parallel stream. Firmware in the processor 232 implements an ID reader
`module 236 to provide the conversion function. A tri-state buffer 233
`coupled to the processor 232 permits unobstructed passthrough
`communication from the interface port 210 to a peripheral device
`coupled to the decoder plug 204 through a connector 235.
`‘O12 Pa