UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`U\II'l'F.D STATES DEPARTNIENT OF COIVIVIERCE
`United States Patent and Trademark Office
`/\1lilre\:~.: COM'\/IISSIONER FOR PATENTS
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
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`Husch Blackwell LLP
`IIusch Blackwell Sanders I,I.P VVelsh & Katz
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`LEE,CHU1\'KU/>01
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`2131
`DATE MAILED: 06/07/2013
`
`0757413189
`Michael Tasler
`09/27/2010
`12/891 ,443
`TITLE OF INVENTION: ANALOG DATA GENERATING ANI) I’ROCF.SST\IG DEVICIF. FOR USE \VITH A PERSONAL COMT’UTF.R
`
`1408
`
`APPLN. TYPE
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`09/09/2013
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`TIIE APPLICATION IDENTIFIED ABOVE IIAS BEEN EXAMINED AND IS ALLOVVED F()R ISSUANCE AS A PATENT.
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`PI'0L,-85 (Rev. 02/11)
`
`Page 1 of 4
`
`001
`
`Apple 1002
`
`U.S. Pat. 8,504,746
`
`Apple 1002
`U.S. Pat. 8,504,746
`
`001
`
`

`
`PART B - FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block U01 any 0116113: of adtllcbst
`
`7
`O6/07/“O13
`
`G
`a
`7590
`“'/16”"
`HllSCl'1 Blackwell LLP
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`1112331323.
`3:11:33.?:$;§;.;:$s:1§.:““mile
`
`A'“'°RN“ ”°“‘“ N“
`0757—1 13189
`Michael Tasler
`09/27/2010
`12/891.443
`TITLE OF INVENTION: ANALOG DATA GENERATING AND PROCESSING DEVICE FOR UsE WITH A PERSONAL COMPUTER
`
`1408
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PA ) ISSLE FEE
`
`TOTAL FEE(S) DUE
`
`UNDISCOUNTED
`nonprovisional
`EXAMINER
`
`LEE, CHUN KUAN
`
`$ 1780
`ART UNIT
`
`2181
`
`$300
`CLASS-SUB CLASS
`
`710—069000
`
`$0
`
`1. Change of correspondence address or indication of "Fee Address" (37
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`09/09/2013
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`PTOL-85 (Rev. 02/11)
`
`Page 2 of 4
`
`002
`
`

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`5. Change in Entity Status (from status indicated above)
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`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
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`Page 3 of 4
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`003
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Addicss: COMMISSIONER FOR PATENTS
`P.0. Box 1450
`Alexandria Virginia 22313-1430
`www.uspto.goV
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/891,443
`
`09/27/2010
`
`Michael Tasler
`
`0757-113189
`
`1408
`
`06/07/2013
`
`7590
`24628
`Husch Blackwell LLP
`Husch Blackwell Sanders LLP Welsh & Katz
`120 S RIVERSIDE PLAZA
`22ND FLOOR
`CHICAGO, IL 60606
`
`EXAIVIINER
`
`LEE, CHUN KEAN
`
`3181
`
`DATE MAILED: 06/07/2013
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 0 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 0 day(s).
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`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
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`PTOL-85 (Rev. 02/11)
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`Page 4 of 4
`
`004
`
`

`
`Privacy Act Statement
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`
`005
`
`

`
`Notice of Allowability
`
`Application No.
`12/891,443
`
`Lee
`
`App|icant(s)
`TASLER, MICHAEL
`’F‘:{:,‘§'§‘u'S""°"‘°"°
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this app ication.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL—85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IX! This communication is responsive to 05/28/2013.
`
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. I] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. IX The allowed cIaim(s) is/are 2-36 (renumbered as claims 1-35). As a result of the allowed c|aim(s), you may be eligible to benefit from
`the Patent Prosecution Highway program at a participating intellectual property office for the corresponding application. For more
`information. please see hit ‘://'www.us to. ov/patents/irilt events/’
`h/’irdex.'s ‘- or send an inquiry to PPHfi:‘~E5CIbEiCk@J'LiS ‘to. 0V .
`
`4. IX Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`Certified copies:
`
`*0) El None of the:
`b) El Some
`a) IZ All
`1. IX Certified copies of the priority documents have been received.
`2. I:I Certified copies of the priority documents have been received in Application No.
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2( )).
`* Certified copies not received:
`
`Interim copies:
`
`a) I] All
`
`b) I] Some
`
`c) D None of the:
`
`Interim copies of the priority documents have been received.
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. El CORRECTED DRAWINGS ( as “replacement sheets") must be submitted.
`
`I:I
`
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mail Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. El Notice of References Cited (PTO-892)
`2. D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`3. I:I Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. El Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`/Chun-Kuan Lee/
`
`Primary Examiner, Art Unit 2181
`
`5. I:I Examiner's Amendment/Comment
`6. IX Examiner‘s Statement of Reasons for Allowance
`
`7. El Other
`
`.
`
`U 8 Patent and Trademark Office
`PTOL-37 (Rev. 03-13)
`
`Notice 01 Allowability
`
`Part of Paper No./Mail Date 20130531
`
`006
`
`

`
`Application/Control Number: 12/891,443
`Art Unit: 2181
`
`DETAILED ACTION
`
`I. ELECTION / RESTRICTION
`
`Claim 2 is directed to an allowable product. Pursuant to the procedures set forth
`
`in MPEP § 821 .O4(B), claims 14, 17, 23, 25-26, 28-29 and 33-34, including similar
`
`allowable subject matter recited by the allowable product, previously withdrawn from
`
`consideration as a result of a restriction requirement, are hereby rejoined and fully
`
`examined for patentability under 37 CFR 1.104.
`
`Because all claims previously withdrawn from consideration under 37 CFR 1.142
`
`have been rejoined, the restriction requirement as set forth in the Office action
`
`mailed on 04/19/2011 is hereby withdrawn. In view of the withdrawal of the restriction
`
`requirement as to the rejoined inventions, app|icant(s) are advised that if any claim
`
`presented in a continuation or divisional application is anticipated by, or includes all the
`
`limitations of, a claim that is allowable in the present application, such claim may be
`
`subject to provisional statutory and/or nonstatutory double patenting rejections over the
`
`claims of the instant application. Once the restriction requirement is withdrawn, the
`
`provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211,
`
`1215,17O USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
`
`II. DISTINGUISHING FEATURES RECITED IN THE CLAIMS
`
`ALLOWABLE SUBJECT MATTER
`
`Claims 2-36 (renumbered as claims 1-35) are allowed.
`
`007
`
`

`
`Application/Control Number: 12/891,443
`Art Unit: 2181
`
`The following is an Examiner’s Statement of Reasons for Allowance, See
`
`MPEP 1302.14:
`
`The reasons for allowance of claims 2, 32, 33 and 35 (renumbered as claims 1,
`
`31, 32, and 34) in the instant application is that the examiner finds applicant's
`
`arguments filed on 05/28/2013 are persuasive and that the combination of allthe
`
`claimed limitations is neither anticipates nor renders obvious by the prior art of record.
`
`Because claims 3-31, 34 and 36 (renumbered as claims 2-30, 33 and 35) depend
`
`directly or indirectly on claims 2, 32, 33 and 35 (renumbered as claims 1, 31, 32, and
`
`34), these claims are considered allowable for at least the same reasons noted above.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`008
`
`

`
`Application/Control Number: 12/891,443
`Art Unit: 2181
`
`CONCLUSION
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Chun-Kuan (Mike) Lee whose telephone number is
`
`(571) 272-0671. The examiner can normally be reached on 8AM to 5PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, ldriss Alrobaye can be reached on (571) 270-1023. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Chun-Kuan Lee/
`
`Primary Examiner
`Art Unit 2181
`
`May 31, 2013
`
`009
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Docket No.: 0757-1131239
`
`(PATENT)
`
`lfi re Patent Application of:
`Michael Tasler
`
`.
`
`Application No.2 12/891,443
`
`Confirmation No.: 1408
`
`Filed: September 27, 2010
`
`For: ANALOG DATA GENERATING AND
`PROCESSING DEVICE FOR USE WITH A
`PERSONAL COMPUTER
`
`Art Unit: 2181
`
`Examiner: Lee, Chun Kuan
`
`AMENDMENT
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`In response to the Office Action mailed November 28, 2012, please amend the above-
`
`identificd application as follows:
`
`010
`
`

`
`Amendments To The Claims:
`
`Please cancel claim 1 and add new claims 2-36:
`
`1 .
`
`(cancelled).
`
`2.
`
`(currently amended) An analog data acquisition device operatively connectable to
`
`a computer through a multipurpose interface of the computer, the computer having an operating
`
`system bcing—programmed so that, when the computer receives a signal from the device through
`
`said multipurpose interface of the computer indicative of a class of devices, the computer
`
`automatically activates a device driver corresponding to the class of devices for allowing the
`
`transfer of data between the device and the operating system of the computer, the analog data
`
`acquisition device comprising:
`
`a) a program memory;
`
`b) an analog signal acquisition channel for receiving a signal from an analog source;
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`c) a processor operatively interfaced with the multipurpose interface of the computer, the
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`program memory, and a data storage memory when the analog data acquisition device is
`
`operational;
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`d) wherein the processor is configured and programmed to implement a data generation
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`M process by which analog data is acquired from the analog signal acquisition channel, the analog
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`data is processed; and digitized, and the processed and digitized analog data is stored in a file
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`system of the data storage memory as at least one file of digitized analog data;
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`e) wherein when the analog acquisition device is operatively interfaced with the
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`multipurpose interface of the computer, the processor executes at least one instruction set stored
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`in the program memory and thereby automatically causes at least one parameter indicative of the
`
`class of devices to be sent to the computer through the multipurpose interface of the computer,
`
`011
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`

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`independent of the analog source, wherein the analog data acquisition device is not within the
`
`class of devices; and
`
`f) wherein the processor is further configured and programmed to execute at least one
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`other instruction set stored in the program memory to thereby allow the at least one file of
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`digitized analog data acquired fiom the analog signal acquisition channel to be transferred to the
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`computer using the device driver corresponding to said class of devices so that the analog data
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`acquisition device appears to the computer as if it were a device of the class of devices;
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`whereby there is no requirement for any user-loaded file transfer enabling software to be
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`loaded on or installed in the computer in addition to the operating system.
`
`3.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
`
`analog data acquisition device is a stand alone device.
`
`4.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
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`analog data acquisition device includes a SCSI interface circuit.
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`5.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
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`analog data acquisition device is designed so that the analog source is detachable.
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`6.
`
`(previously presented) The analog data acquisition device of claim 2 configured to
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`allow for a plurality of different data transmit devices to be attached thereto and detached
`
`therefrom.
`
`7.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
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`processor is adapted to be interfaced with the multi—purpose interface of an external computing
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`device by means of a cable.
`
`8.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
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`analog source comprises a data transmit/receive device.
`
`9.
`
`(previously presented) The analog data acquisition device of claim 8, wherein the
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`analog source is designed for one of one~way and two—way communication with the host device.
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`3
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`012
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`

`
`l0.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
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`processor converts the digitized analog data acquired from the analog signal acquisition channel to
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`a form that simulates data from a hard disk and transfers that converted data to the computer
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`through the multipurpose interface such that the converted data appears to the computer as data
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`from a hard disk.
`
`11.
`
`(previously presented) The analog data acquisition device of Claim 2 further
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`comprising a plurality of independent analog signal acquisition channels, each of the plurality of
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`channels operatively coupled to the processor for operatively coupling to one of a plurality of
`
`analog sources such that analog data is simultaneously acquired from at least two of the plurality
`
`of channels, is digitized and is coupled into the processor and is processed by the processor.
`
`12.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
`
`processor allows for a plurality of different data transmit devices to be attached thereto and
`
`detached therefrom.
`
`13.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
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`processor is designed so that a user can attach the analog source thereto or detach the analog
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`source therefrom.
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`l4.
`
`(withdrawn) The analog data acquisition device of claim 2, wherein the analog
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`source comprises a multimeter.
`
`15.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
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`analog source includes at least first and second transducers both of which are designed to transmit
`
`data.
`
`16.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the at
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`least one parameter is consistent with the analog data acquisition device being responsive to a
`
`SCSI inquiry command.
`
`l7.
`
`(withdrawn) The analog data acquisition device of claim 2, wherein the analog
`
`4
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`013
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`

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`source is a medical device.
`
`18.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
`
`processor is configured to cause acquired analog data file system information to be automatically
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`sent to the multi—purpose interface after the at least one parameter has been sent to the multi-
`
`purpose interface of the computer, (a) without requiring any end user to load any software onto the
`
`computer at any time, and Cb) without requiring any end user to interact with the computer to set up
`
`a file system in the analog data acquisition device at any time.
`
`19.
`
`(previously presented) The analog data acquisition and interface device of claim
`
`18, wherein the analog data acquisition device file system information comprises at least an
`
`indication of a file system type that is used to store the digitized analog data.
`
`20.
`
`(previously presented) The analog data acquisition device of claim 2,
`
`wherein the processor is configured to cause file allocation table information to be
`
`sent to the multipurpose interface,
`
`wherein the processor is configured to cause a virtual boot sequence to be sent to the
`
`multipurpose interface which includes at least information that is representative of a number of
`
`sectors of a storage disk, and
`
`wherein the file allocation table information includes at least a start location of a
`
`file allocation table.
`
`21.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
`
`processor is configured to initiate a process by which the at least one file of digitized analog data is
`
`directly transferred to an input/output device.
`
`22.
`
`{previously presented) The analog data acquisition device of claim 21, wherein the
`
`processor is configured to allow a mode of operation of the analog data acquisition device other
`
`than the transfer of at least some of the at least one file of digitized analog data to the
`
`multipurpose interface to be controlled by means of an external personal computer.
`
`5
`
`014
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`

`
`23.
`
`(withdrawn) The analog data acquisition device of claim 2, wherein the analog
`
`data acquisition device comprises at least a portion of a medical device.
`
`24.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
`
`analog data is processed by being subj ect to a fast Fourier transform.
`
`25.
`
`(withdrawn) The analog data acquisition device of claim 2 wherein the analog data
`
`acquisition device is designed so that both the data generation process and automatic file transfer,
`
`when they occur, take place only after the at least one parameter has been automatically sent.
`
`26.
`
`(withdrawn) The analog data acquisition device of claim 2 wherein the data
`
`generation process and automatic data transfer of digitized analog data, when they occur, at least
`
`partially overlap in time.
`
`27.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
`
`analog source is designed to receive signals from the computer.
`
`28.
`
`(withdrawn) The analog data acquisition device of claim 2, wherein the analog data
`
`acquisition and interface device is designed so that at least one aspect of how the analog data
`
`acquisition device creates at least one file of digitized analog data can be controlled by means of
`
`commands that are issuable from a source external to the analog data acquisition device.
`
`29.
`
`(withdrawn) The analog data acquisition device of claim 28, wherein the analog
`
`data acquisition device is designed so that the at least one aspect is controlled by means of a
`
`configuration file.
`
`30.
`
`(previously presented) The analog data acquisition device of claim 2, wherein the
`
`analog data acquisition device is designed to be responsive to a test unit ready command.
`
`31.
`
`(currently amended) The analog data acquisition device of claim 2 wherein the
`
`device driver is installed with the operating system such tliggt comiriunication betwe_en the
`
`computer and the analo 51 data acquisition device takes place by means of a device driver program
`
`y\r“l_1i'_.<_:Vlw1_ki)__s_A_)i1_1___.aft_cl1ed to the iiitiltijpgijpose inteijface of the computer renderii;g_t11_e analog data
`
`6
`
`