IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`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
`
`1
`
`APPLE 1017
`
`

`

`1. My name is Jacob Robert Munford. I am over the age of 18, have personal
`
`knowledge of the facts set forth herein, and am competent to testify to the
`
`same.
`
`2. I earned a Master of Library and Information Science (MLIS) from the
`
`University of Wisconsin-Milwaukee in 2009. I have over ten years of
`
`experience in the library/information science field. Beginning in 2004, I
`
`have served in various positions in the public library sector including
`
`Assistant Librarian, Youth Services Librarian and Library Director. I have
`
`attached my Curriculum Vitae as Appendix A.
`
`3. During my career in the library profession, I have been responsible for
`
`materials acquisition for multiple libraries. In that position, I have cataloged,
`
`purchased and processed incoming library works. That includes purchasing
`
`materials directly from vendors, recording publishing data from the material
`
`in question, creating detailed material records for library catalogs and
`
`physically preparing that material for circulation. In addition to my
`
`experience in acquisitions, I was also responsible for analyzing large
`
`collections of library materials, tailoring library records for optimal catalog
`
`1
`
`2
`
`

`

`search performance and creating lending agreements between libraries
`
`during my time as a Library Director.
`
`
`4. I am fully familiar with the catalog record creation process in the library
`
`sector. In preparing a material for public availability, a library catalog record
`
`describing that material would be created. These records are typically
`
`written in Machine Readable Catalog (herein referred to as “MARC”) code
`
`and contain information such as a physical description of the material,
`
`metadata from the material’s publisher, and date of library acquisition. In
`
`particular, the 008 field of the MARC record is reserved for denoting the
`
`date of creation of the library record itself. As this typically occurs during
`
`the process of preparing materials for public access, it is my experience that
`
`an item’s MARC record indicates the date of an item’s public availability.
`
`
`5. Typically, in creating a MARC record, a librarian would gather various bits
`
`of metadata such as book title, publisher and subject headings among others
`
`and assign each value to a relevant numerical field. For example, a book’s
`
`physical description is tracked in field 300 while title/attribution is tracked in
`
`field 245. The 008 field of the MARC record is reserved for denoting the
`
`creation of the library record itself. As this is the only date reflecting the
`
`inclusion of said materials within the library’s collection, it is my experience
`
`
`
`2
`
`3
`
`

`

`that an item’s 008 field accurately indicates the date of an item’s public
`
`availability.
`
`
`6. This declaration is being drafted as of September 2020. Public and
`
`university libraries in my area have been closed for months due to the
`
`COVID-19 pandemic. My state, Pennsylvania, has a travel advisory, which
`
`has affected my ability to travel. In my experience, library catalog records
`
`are accurate descriptions of a library’s collection and my lack of physical
`
`access to libraries at this time creates no doubt in my determinations of
`
`authenticity or availability of the exhibits noted below.
`
`
`7. I have reviewed Exhibit 1015, a copy of an article entitled “Skin Reflectance
`
`Pulse Oximetry: In Vivo Measurements From the Forearm and Calf” by Y.
`
`Mendelson and M.J. McGinn as published in Journal of Clinical
`
`Monitoring, January 1991 (hereinafter referred to as the “1991
`
`publication”).
`
`
`8. Attached hereto as Appendix MENDELSON01 is a true and correct copy of
`
`the MARC record for the 1991 publication held by the Ohio State University
`
`library. I secured this record myself from the library’s public catalog.
`
`
`
`
`
`3
`
`4
`
`

`

`9. The MARC record contained within Appendix MENDELSON01 accurately
`
`describes the title, author, publisher, and ISSN number of the Journal of
`
`Clinical Monitoring. The ‘Lib Has.’ field of this MARC record indicates
`
`Ohio State University’s issue level holdings for the Journal of Clinical
`
`Monitoring, demonstrating that Ohio State University’s collection contains
`
`volumes 1 (1985) – volume 13 (1997). Accordingly, Ohio State’s journal
`
`holdings range clearly includes the January 1991 edition. In comparing the
`
`information listed in Appendix MENDELSON01 to Exhibit 1015 it is my
`
`determination that Exhibit 1015 is a true and correct copy of the “Skin
`
`Reflectance Pulse Oximetry: In Vivo Measurements From the Forearm and
`
`Calf” article, and that the copy of the 1991 publication in Ohio State
`
`University’s library includes the article in Exhibit 1015
`
`
`10. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON01 indicates that the Journal of Clinical Monitoring was first
`
`cataloged by Ohio State University’s library as of August 23, 1999. The ‘Lib
`
`has’ field of this record indicates Ohio State University’s acquisition of this
`
`material ceased as of Vol. 13. Based on this information, it is my
`
`determination that the 1991 publication, which included the article published
`
`as Exhibit 1015, was made available to the public by Ohio State University
`
`at least as of August 23, 1999.
`
`
`
`4
`
`5
`
`

`

`
`11. I have been retained on behalf of the Petitioner to provide assistance in the
`
`above-illustrated matter in establishing the authenticity and public
`
`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
`
`plus reasonable expenses. My statements are objective, and my
`
`compensation does not depend on the outcome of this matter.
`
`
`12. I declare under penalty of perjury that the foregoing is true and correct. I
`
`hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to
`
`be true; and further that these statements were made the knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`
`
`Dated: 9/29/20
`
`
`
`Jacob Robert Munford
`
`
`
`
`
`
`
`5
`
`6
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`

`

`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
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`APPENDIX MENDELSON01
`
`APPENDIX MENDELSONOI
`
`11
`
`11
`
`

`

`screenshot-Iibrary.Ohio-state. edu-2020. 08. 28-12_34_06
`https://Iibrary.ohio-
`state. edu/search~S7?/tjournal+of+clinical+monitoringlljioumaI+of+clinical+monitoringl1 %2C4%209%2CB/marc&FF=fioumal+of-I-clinical+monitoring& 1 %2C 1 %2C
`28.08.2020
`
`OSU.EDU
`
`Help BuckeyeLirik Map FindPeople Webmail SearchOhioState
`
`LIBRARY CATALOG
`
`THE OHIO STATE UNIVERSITY
`UNNER$TYLBRAMES
`
`.
`Offlcamaus
`My
`ASK Us
`lerary Home
`Catalog Search
`a BAcccum @slgw l
`
`
`As a precaution, materials may be delayed or temporarily unavailable due to quarantine restrictions. Thank you for your patience.
`
`, Catalog Regular
`1
`me
`display
`
`
`
`Return to L
`browsing
`
`
`
`(Search History)
`
`V
`
`O
`
`Oeng c
`
`:lb[Little, Brown and Co.],
`
`;|a[Dordrecht]
`
`:leluwer
`
`040
`
`260
`
`506
`538
`550
`
`588
`
`588
`
`LEADER 00000cas a2200673i 44500
`001
`42209756
`003
`OCCLC
`005
`20160418025040.0
`006
`m
`o
`d
`007
`crlllllllllll
`008
`990823d19851997ne br p o
`010
`2007233979
`019
`253607660
`022
`2214-7330ll0748-1977l2j
`030
`JCMOEH
`035
`(OCOLC)42209756IZ(OCOLC)253607660
`037
`IbKluwer Academic Publishers, Spuiboulevard 50, P.O. Box
`17, 3300 AA Dordrecht, The Netherlands
`F#AlbenglCF#AIdOCLCQIdGUAldTXAIdLGGldOCLCQIdOCLCFIdIUL
`ldOCLCQlerda
`pcc
`042
`OHlA
`049
`050 14 R857.P36lb1588
`090
`R857.P36lb]68
`130 0
`Journal of clinical monitoring (online)
`222
`0 Journal of clinical monitoring|b(online)
`24S 10 Journal of clinical monitoring
`246 3
`J Clin Monit
`260
`|31985—1990 :Ia[Boston, MA]
`IC[1985]-©1997
`131996—1997 :|a[Hingham, MA]
`Academic Publishers
`Bimonthly,lb199471997
`310
`Quarterly,lb198571993
`321
`textlbtxterdacontent
`336
`computerlbchrdamedia
`337
`online resourcelbcrerdacarrier
`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 carelvPeriodicals
`650
`0 Patient monitoringlvPeriodicals
`650
`2 Monitoring, Physiologic
`650
`7 Medical care.I2fastl0(0CoLC)fst01013753
`650
`7 Patient monitoring.l2fastl0(0CoLC)fst01055018
`650
`2 Periodicals
`655
`7 Periodicals.|2fastlO(OCoLC)fst0141164l
`655
`710 2 Ohio Library and Information Network
`710 2 Society for Technology in Anesthesia
`776 08 liPrint version:ltJournal of clinical monitoringlx0748—
`1977|w(DLC)sn 84006424|w(0CoLC)10897663
`785 17 ltInternational
`journal of clinical monitoring and
`computing (online)lx2214—7314lw(OCoLC)42209706
`785 17 ItJournal of clinical monitoring and computing (Online)
`lxl573—2614|w(DLC)
`2007233984|w(0CoLC)41569988
`Kluwer
`799
`856 40 Iuhttp://rave.ohiolink.edu/ejournals/issn/07481977/
`lzConnect to resource (OhioLINK EJC)|3V.l(1985)—v.l3(1997)
`910
`load OhioLINK EJCZOlSOSadditional
`910
`MARS
`910
`&gac001114 59100302 osupfwlaMARS
`993
`Vendor record
`995
`Material
`type update 5 => v 161031 mh
`
`CAI] fl
`
`R257 P26 IHRR
`
`12
`
`12
`
`

`

`Location
`
`Lib Has
`
`Web EiJournals
`
`v.1(1985)-v.l3(1997)
`
`THE OHIO STATE UNIVERSITY
`UNIVERSIT‘I LIBRARIES
`
`“2' The Ohio State University - University leraries
`‘lSSB Neil Avenue Mall l Columbus. Ohio 43210 l 614-292-OSUL (6785)
`Lequest an alternate format ofthis page l Accesslbllltyl Privacy Policy l Contact Us
`
`1t lnformatlon l Details and Exceptions
`
`Q9 '
`
`13
`
`13
`
`