`Petitioner - Huawei, LG and ZTE
`Patent Owner - Papst Licensing GmbH & Co., KG.
`IPR2017-00443
`EXH. 2009
`
`1
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`
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`Applicant: Michael Tasler
`Application No.: 11/467,092
`Filed: August 24, 2006
`Date: July 17, 2007
`Page — ll —
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`decision in the KSR case does not overrule and is not inconsistent with the above-noted Gore or
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`Tee Air decisions of the Federal Circuit.
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`All of the currently pending claims require an automatic and without user intervention
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`feature that allows a computer to understand how to talk to and receive data from the claimed
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`device without a user having to, for example, load applications software onto a computer before
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`being able to transfer data to it.
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`It is respectfully submitted that, in accordance with the above—
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`referenced case law, all currently pending claims should be found to be patentable. One reason
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`for this is that the present invention deviates away from the accepted state of the art evidenced by
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`the camera, software and scanner references of record, which affirmatively require user
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`intervention — a user must, for example, load applications software onto a computer to be able to
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`transfer pictures to it from a digital camera.
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`The currently pending claims should be found to be patentable for a number of additional
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`reasons. For example, the new claims further specify that the claimed device is capable of
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`generating digitized analog data sets before the claimed device is connected to a personal
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`computer. The undersigned attorney is not aware of any proper combination of references that
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`teaches or suggests this claim element.
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`As one example, and assuming for the sake of argument that a “plug and play keyboar ”
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`is prior art and that it is proper to combine such assumed prior art with a camera reference such
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`as US Patent No. 5,470,335, such a purported combination of references would not render
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`obvious the subject matter of the currently pending claims. One reason for this is that all claims
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`require the capability of generating digitized analog data before the claimed device is connected
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`to a personal computer.
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`In direct contrast to this, keyboards create useful data only after they are
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`2
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`
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`Applicant: Michael Tasler
`Application No.: l l/467,092
`Filed: August 24, 2006
`Date: July 17, 2007
`Page — l2 —
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`connected to a personal computer and, therefore, the combination of the keyboard with the “335
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`patent would be able to create useful data on a plug and play basis only after the combination is
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`connected to a personal computer. For this additional reason, for example, it is respectfully
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`submitted that all currently pending claims should be found to be patentable.
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`The Examiner’s attention is drawn to the fact that each independent claim includes a
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`dependent claim that recites a combination of a personal computer with the device claimed in the
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`corresponding independent claim.
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`It is the specific intention of the client and the undersigned
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`attorney to ensure that all currently pending claims are first directly infringed by the manufacture
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`or sale of the claimed device, not by the combination of the claimed device and a personal
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`computer.
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`As a follow—up to the previously filed notice of litigation, additional lawsuits involving
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`Fujifilm, Samsung, Olympus, MEI and JVC have been filed with respect to the same patents at
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`issue in the previous notice. A multi—district litigation may be declared in the future.
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`The undersigned attorney requests the Examiner to review all the prior art submitted in
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`connection with this and the parent application, and to base his decision on the patentability of
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`the currently pending claims only on the remarks made in this paper, not on arguments or
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`amendments made in any other paper or any application of which this application claims priority.
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`It is the specific intention of the applicant that the independent claims noted above should
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`be interpreted to stand on their own.
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`In this regard, the limitations of the claims depending from
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`any dependent claim should not be read into any independent claim for any reason.
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`3
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`
`
`Applicant: Michael Tasler
`Application No.: l l/467,092
`Filed: August 24, 2006
`Date: July 17, 2007
`Page ~ 13 —
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`It is respectfully submitted that the new claims are in condition for allowance and,
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`therefore, a formal notice to that effect is earnestly solicited.
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`In this regard, the Examiner is
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`respectfully requested to contact the undersigned attorney upon entry of this amendment.
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`Rispejfuiysubmittew/
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`.
`
`almon
`
`y
`ef
`Attorney for Applicant
`Registration No. 37,435
`
`July 17, 2007
`Welsh & Katz, Ltd.
`120 South Riverside Plaza, 22nd Floor
`Chicago, IL 60606
`Telephone (312) 655—1500
`Facsimile (312) 655—1501
`
`4
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