`
`In re Patent of:
`U.S. Patent No.:
`Issue Date:
`Appl. Serial No.:
`Filing Date:
`Title:
`
` Attorney Docket No.: 50095-0004IP1
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`DECLARATION OF JACOB ROBERT MUNFORD
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`1
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`APPLE 1017
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`1. My name is Jacob Robert Munford. I am over the age of 18, have personal
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`knowledge of the facts set forth herein, and am competent to testify to the
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`same.
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`2. I earned a Master of Library and Information Science (MLIS) from the
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`University of Wisconsin-Milwaukee in 2009. I have over ten years of
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`experience in the library/information science field. Beginning in 2004, I
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`have served in various positions in the public library sector including
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`Assistant Librarian, Youth Services Librarian and Library Director. I have
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`attached my Curriculum Vitae as Appendix A.
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`3. During my career in the library profession, I have been responsible for
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`materials acquisition for multiple libraries. In that position, I have cataloged,
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`purchased and processed incoming library works. That includes purchasing
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`materials directly from vendors, recording publishing data from the material
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`in question, creating detailed material records for library catalogs and
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`physically preparing that material for circulation. In addition to my
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`experience in acquisitions, I was also responsible for analyzing large
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`collections of library materials, tailoring library records for optimal catalog
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`search performance and creating lending agreements between libraries
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`during my time as a Library Director.
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`4. I am fully familiar with the catalog record creation process in the library
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`sector. In preparing a material for public availability, a library catalog record
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`describing that material would be created. These records are typically
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`written in Machine Readable Catalog (herein referred to as “MARC”) code
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`and contain information such as a physical description of the material,
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`metadata from the material’s publisher, and date of library acquisition. In
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`particular, the 008 field of the MARC record is reserved for denoting the
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`date of creation of the library record itself. As this typically occurs during
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`the process of preparing materials for public access, it is my experience that
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`an item’s MARC record indicates the date of an item’s public availability.
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`5. Typically, in creating a MARC record, a librarian would gather various bits
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`of metadata such as book title, publisher and subject headings among others
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`and assign each value to a relevant numerical field. For example, a book’s
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`physical description is tracked in field 300 while title/attribution is tracked in
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`field 245. The 008 field of the MARC record is reserved for denoting the
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`creation of the library record itself. As this is the only date reflecting the
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`inclusion of said materials within the library’s collection, it is my experience
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`2
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`3
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`that an item’s 008 field accurately indicates the date of an item’s public
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`availability.
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`6. This declaration is being drafted as of September 2020. Public and
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`university libraries in my area have been closed for months due to the
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`COVID-19 pandemic. My state, Pennsylvania, has a travel advisory, which
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`has affected my ability to travel. In my experience, library catalog records
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`are accurate descriptions of a library’s collection and my lack of physical
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`access to libraries at this time creates no doubt in my determinations of
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`authenticity or availability of the exhibits noted below.
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`7. I have reviewed Exhibit 1015, a copy of an article entitled “Skin Reflectance
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`Pulse Oximetry: In Vivo Measurements From the Forearm and Calf” by Y.
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`Mendelson and M.J. McGinn as published in Journal of Clinical
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`Monitoring, January 1991 (hereinafter referred to as the “1991
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`publication”).
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`8. Attached hereto as Appendix MENDELSON01 is a true and correct copy of
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`the MARC record for the 1991 publication held by the Ohio State University
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`library. I secured this record myself from the library’s public catalog.
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`3
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`4
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`9. The MARC record contained within Appendix MENDELSON01 accurately
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`describes the title, author, publisher, and ISSN number of the Journal of
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`Clinical Monitoring. The ‘Lib Has.’ field of this MARC record indicates
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`Ohio State University’s issue level holdings for the Journal of Clinical
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`Monitoring, demonstrating that Ohio State University’s collection contains
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`volumes 1 (1985) – volume 13 (1997). Accordingly, Ohio State’s journal
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`holdings range clearly includes the January 1991 edition. In comparing the
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`information listed in Appendix MENDELSON01 to Exhibit 1015 it is my
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`determination that Exhibit 1015 is a true and correct copy of the “Skin
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`Reflectance Pulse Oximetry: In Vivo Measurements From the Forearm and
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`Calf” article, and that the copy of the 1991 publication in Ohio State
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`University’s library includes the article in Exhibit 1015
`
`
`10. The 008 field of the MARC record noted on page 1 of Appendix
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`MENDELSON01 indicates that the Journal of Clinical Monitoring was first
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`cataloged by Ohio State University’s library as of August 23, 1999. The ‘Lib
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`has’ field of this record indicates Ohio State University’s acquisition of this
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`material ceased as of Vol. 13. Based on this information, it is my
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`determination that the 1991 publication, which included the article published
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`as Exhibit 1015, was made available to the public by Ohio State University
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`at least as of August 23, 1999.
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`
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`4
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`5
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`
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`11. I have been retained on behalf of the Petitioner to provide assistance in the
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`above-illustrated matter in establishing the authenticity and public
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`availability of the documents discussed in this declaration. I am being
`
`compensated for my services in this matter at the rate of $100.00 per hour
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`plus reasonable expenses. My statements are objective, and my
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`compensation does not depend on the outcome of this matter.
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`12. I declare under penalty of perjury that the foregoing is true and correct. I
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`hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to
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`be true; and further that these statements were made the knowledge that
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`willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
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`
`
`Dated: 9/29/20
`
`
`
`Jacob Robert Munford
`
`
`
`
`
`
`
`5
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`6
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`APPENDIX A
`APPENDIX A
`
`7
`
`
`
`Appendix A - Curriculum Vitae
`
`Education
`
`University of Wisconsin-Milwaukee - MS, Library & Information Science, 2009
`Milwaukee, WI
`● Coursework included cataloging, metadata, data analysis, library systems,
`management strategies and collection development.
`● Specialized in library advocacy and management.
`
`
`Grand Valley State University - BA, English Language & Literature, 2008
`Allendale, MI
`● Coursework included linguistics, documentation and literary analysis.
`● Minor in political science with a focus in local-level economics and
`government.
`
`
`Professional Experience
`
`Researcher / Expert Witness, October 2017 – present
`Freelance
`Pittsburgh, Pennsylvania
`● Material authentication and public accessibility determination. Declarations
`of authenticity and/or public accessibility provided upon research
`completion. Depositions provided on request.
`● Research provided on topics of public library operations, material
`publication history, digital database services and legacy web resources.
`● Past clients include Apple, Fish & Richardson, Erise IP, Baker Botts and
`other firms working in patent law.
`
`
`
`Library Director, February 2013 - March 2015
`Dowagiac District Library
`Dowagiac, Michigan
`● Executive administrator of the Dowagiac District Library. Located in
`Southwest Michigan, this library has a service area of 13,000, an annual
`
`8
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`
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`operating budget of over $400,000 and total assets of approximately
`$1,300,000.
`● Developed careful budgeting guidelines to produce a 15% surplus during the
`2013-2014 & 2014-2015 fiscal years.
`● Using this budget surplus, oversaw significant library investments including
`the purchase of property for a future building site, demolition of existing
`buildings and building renovation projects on the current facility.
`● Led the organization and digitization of the library's archival records.
`● Served as the public representative for the library, developing business
`relationships with local school, museum and tribal government entities.
`● Developed an objective-based analysis system for measuring library services
`- including a full collection analysis of the library's 50,000+ circulating
`items and their records.
`
`
`
`November 2010 - January 2013
`Librarian & Branch Manager, Anchorage Public Library
`Anchorage, Alaska
`● Headed the 2013 Anchorage Reads community reading campaign including
`event planning, staging public performances and creating marketing
`materials for mass distribution.
`● Co-led the social media department of the library's marketing team, drafting
`social media guidelines, creating original content and instituting long-term
`planning via content calendars.
`● Developed business relationships with The Boys & Girls Club, Anchorage
`School District and the US Army to establish summer reading programs for
`children.
`
`
`June 2004 - September 2005, September 2006 - October 2013
`Library Assistant, Hart Area Public Library
`Hart, MI
`● Responsible for verifying imported MARC records and original MARC
`cataloging for the local-level collection as well as the Michigan Electronic
`Library.
`● Handled OCLC Worldcat interlibrary loan requests & fulfillment via
`ongoing communication with lending libraries.
`
`9
`
`
`
`
`Professional Involvement
`
`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
`
`
`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
`
`
`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
`
`
`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
`
`
`
`Professional Development
`
`Library Of Michigan Beginning Workshop, May 2008
`Petoskey, MI
`● Received training in cataloging, local history, collection management,
`children’s literacy and reference service.
`
`
`Public Library Association Intensive Library Management Training, October 2011
`Nashville, TN
`● Attended a five-day workshop focused on strategic planning, staff
`management, statistical analysis, collections and cataloging theory.
`
`
`Alaska Library Association Annual Conference 2012 - Fairbanks, February 2012
`Fairbanks, AK
`● Attended seminars on EBSCO advanced search methods, budgeting,
`cataloging, database usage and marketing.
`
`10
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`
`APPENDIX MENDELSON01
`APPENDIX MENDELSONOI1
`
`11
`
`
`
`screenshot-library.ohio-state.edu-2020.08.28-12_34_06
`hitps:/Nibrary.ohio-
`state.edu/search~S7?/Ajournal+oftclinicalt+monitoring/Ajournal+of+clinical+monitoring/1 %2C4%2C9%2CB/marc&FF=tjournal+of+clinical+monitoring&1%2C1%2C
`28.08.2020
`
`OSU.EDU
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`Return toJLi
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`
`Tree:| ) me|display
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`0
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`Oeng c
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`:|b[Little, Brown and co.],
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`;|a[Dordrecht]
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`:|bkKluwer
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`040
`
`260
`
`506
`538
`550
`
`588
`
`588
`
`LEADER 00000cas a2200673i 44500
`001
`42209756
`003
`OCoLC
`005
`20160418025040.0
`006
`m
`od
`007
`cr TITIIIIIIL
`008
`990823d19851997ne br po
`010
`2007233979
`019
`253607660
`022
`2214-7330| 10748-1977 | 23
`030
`JCMOEH
`035
`COCOLC) 42209756 |z(OCoLC) 253607660
`037
`|bKluwer Academic Publishers, Spuiboulevard 50, P.O. Box
`17, 3300 AA Dordrecht, The Netherlands
`F#A|beng|cF#A|dOCLCQ|dGUA|dTXA| dLGG| docLcq| docLcF| dIUL
`|docLcq|erda
`pec
`042
`OH1A
`049
`050 14 R857.P36|b1I588
`090
`R857.P36|b268
`130 0
`Journal of clinical monitoring (Online)
`222
`0 Journal of clinical monitoring|b(online)
`245 10 Journal of clinical monitoring
`246 3.
`J Clin Monit
`260
`|31985-1990 :|a[Boston, MA]
`|c[1985]-©1997
`|31996-1997 :|a[Hingham, MA]
`Academic Publishers
`Bimonthly, |b1994-1997
`310
`Quarterly, |b1985-1993
`321
`text |btxt|2rdacontent
`336
`computer|bc|2rdamedia
`337
`online resource|ber|2rdacarrier
`338
`362 1 Began with: Vol. 1, no. 1 (Jan. 1985); ceased with: vol.
`13, no. 6 (Nov. 1997)
`Available to OhioLINK libraries
`Mode of access: World Wide Web
`official
`journal of: Society for Technology in Anesthesia,
`-Nov. 1997
`Description based on: vol. 1, no. 1 (Jan. 1985); title
`from PDF article running title (SpringerLink, viewed May 7,
`2012)
`issue consulted: vol. 13, no. 6 (Nov. 1997)
`Final
`(springerLink, viewed Dec. 17, 2007)
`0 Medical care|vPeriodicals
`650
`O Patient monitoring|vPeriodicals
`650
`2 Monitoring, Physiologic
`650
`7 Medical care. |2fast|O(OCoLC) fst01013753
`650
`7 Patient monitoring. |2fast|O(OCoLC) fst01055018
`650
`2 Periodicals
`655
`7 Periodicals. |2fast|OCOCoLC) fst01411641
`655
`710 2. Ohio Library and Information Network
`710 2. Society for Technology in Anesthesia
`776 08 |iPrint version: |tJournal of clinical monitoring|x0748-
`1977|w(DLC)sn 84006424 |w(OCoLC) 10897663
`785 17 |tInternational
`journal of clinical monitoring and
`computing (Online) |x2214-7314|w(OCoLCc) 42209706
`785 17 |tJournal of clinical monitoring and computing (Online)
`|x1573-2614|w(DLC)
`2007233984 |w(OCoLc) 41569988
`Kluwer
`799
`856 40 Juhttp://rave.ohiolink.edu/ejournals/issn/07481977/
`|zConnect to resource (OhioLINK EIC)|3v.1(€1985)-v.13(1997)
`910
`load OhioLINK £3C20160Sadditional
`910
`MARS
`910
`&gac001114 sg100302 osupfw|aMARS
`993
`vendor record
`995
`Material
`type update s => v 161031 mh
`
`CAI #
`
`R&457 P26 IRR
`
`12
`
`12
`
`
`
`Location
`
`Lib. Has
`
`Web E-Journals
`
`v.1(1985)-v.13(1997)
`
`THE OHIO STATE UNIVERSITY
`eSEe MelSess
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