CPC Patent Technologies PTY Ltd. v. Apple, Inc., 6:21-cv-00165 (W.D. Tex.)
`
`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`dependent upon
`
`Claim 1, 13, 19 of the ‘039
`Patent
`
`Plain and ordinary meaning, defined as “contingent on or determined
`(https://www.lexico.com/en/definition/dependent)
`
`Claims 1, 13, 19 of the ‘039
`Patent
`
`Claims 1, 13, 19 of the ‘039
`Patent
`
`Claim 13 of the ‘039 Patent
`
`biometric signature
`
`enrolling/enrollment
`
`defining,
`for
`means
`upon
`the
`dependent
`received card information,
`a memory location in a
`local memory external to
`the card
`
`means for determining if
`the
`defined memory
`location is unoccupied
`
`Claim 13 of the ‘039 Patent
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Means plus function language pursuant to section 112. The function
`of this limitation is “defining, dependent upon the received card
`information, a memory location in a local memory external to the
`card.” The means for performing that function is plus function
`language pursuant to section 112. Structure corresponding to the
`claimed means is a computer system with a processor executing a
`biometric card pointer (BCP) application stored in memory and all
`equivalents thereto. ‘039 Patent, col. 6, line 66 – col. 7, line 23; col.
`7, lines 31-35, 39-42, 47-48; col. 8, lines 44-46; col. 11, lines 29-37;
`col. 12, lines 1-9; Fig. 4.
`
`Means plus function language pursuant to section 112. The function
`of this limitation is “determining if the defined memory location is
`unoccupied.” Structure corresponding to the claimed means is a
`computer system with a processor executing a BCP application
`stored in memory and all equivalents thereto. ‘039 Patent, col. 6, line
`66 – col. 7, line 23; col. 9, lines 25-37; Fig. 5, step 206.
`
`means for storing, if the
`memory
`location
`is
`
`Claim 13 0f the ‘039 Patent
`
`Means plus function language pursuant to section 112. The function
`for this limitation is “storing, if the memory location is unoccupied,
`
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`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`unoccupied, the biometric
`signature at the defined
`memory location
`
`the biometric signature at the defined.” Structure corresponding to
`the claimed means is a computer system with a processor executing a
`BCP application stored in memory and all equivalents thereto. ‘039
`Patent, col. 6, line 66 – col. 7, line 23; col. 5, lines 13-18 & lines 19-
`22 & 23-30; Fig. 7, step 401.
`
`determining
`
`Claims 1, 9, 10 of the ‘208
`Patent
`
`Plain and ordinary meaning, defined as “to establish or ascertain
`definitely, as after consideration, investigation, or calculation.”
`https://www.thefreedictionary.com/determining.
`
`at least one of
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 pf the ‘705 Patent
`
`Plain and ordinary meaning.
`
`being characterized
`
`Claims 1, 9, 10 of the ‘208
`Patent
`
`Plain and ordinary meaning, defined as “to describe the qualities or
`peculiarities of.” https://www.thefreedictionary.com/characterized.
`
`series
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`/
`transmitter subsystem
`transmitter
`subsystem
`controller
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 2, 4, 9, 10,
`11, 15, 16, 17 of the ‘705
`Patent
`
`Plain and ordinary meaning, defined as “a number of things or events
`of the same class coming one after the other in spatial or temporal
`succession.” Karlin Technology, Inc. v. Surgical Dynamics, Inc., 177
`F.3d 968, 971 (Fed. Cir. 1999), quoting Webster’s Ninth New
`Collegiate Dictionary 1160 (1986).
`
`Plain and ordinary meanings
`
`receiver
`receiver
`controller
`
`/
`subsystem
`subsystem
`
`Claims 1, 10 of the ‘208
`Patent; claims 1, 9, 11, 15, 17
`of the ‘705 Patent
`
`Plain and ordinary meanings
`
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`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`biometric signal
`
`biometric signatures
`
`accessibility attribute
`
`secure access signal
`
`characterized
`being
`according to at least one of
`the number of said entries
`and a duration of each said
`entry
`
`instruction/instructions
`
`database
`
`Claims 1, 2, 9, 10, 11 of the
`‘208 Patent; claims 1, 2, 10,
`11, 12, 14, 15, 16, 17 of the
`‘705 Patent
`
`Claims 1, 9, 11 of the ‘208
`Patent; claims 1, 11, 12, 14,
`15, 17 of the ‘705 Patent
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Claims 1, 9, 10 of the ‘208
`Patent; claims 1, 10, 11, 14,
`15, 16, 17 of the ‘705 Patent
`
`Claims 1, 2, 9, 10, 11 of the
`‘208 Patent; claims 1, 2, 4, 10,
`11, 12, 14, 15, 16, 17 of the
`‘705 Patent
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
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`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`conditional access
`
`Claims 1, 10 of the ‘208
`Patent; claims 1, 11, 14, 15, 17
`of the ‘705 Patent
`
`Plain and ordinary meaning
`
`means for matching the
`biometric signal against
`members of the database
`of biometric signatures to
`thereby
`output
`an
`accessibility attribute
`
`for emitting a
`means
`access
`signal
`secure
`conveying
`said
`information
`dependent
`upon
`said accessibility
`attribute
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. The function
`for this limitation is “matching the biometric signal against members
`of the database of biometric signatures to thereby output an
`accessibility attribute.” Structure corresponding to the claimed means
`is a computer program product having a computer readable medium
`having a computer program recorded therein, with code for matching
`the biometric signal against members of the database of biometric
`signatures to thereby output an accessibility attribute. ‘208 Patent,
`col. 4, lines 8-13, 15-17, 40-45 & 47-49; col. 5, lines 50-67; col. 6
`line 56 – col. 7 line 2; col. 7 line 65 – col. 8 line 10; col. 8, line 67 –
`col. 9, line 5; col. 14 lines 10-42.
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. The function
`of this limitation is “emitting a secure access signal conveying said
`information dependent upon said accessibility attribute.” Structure
`corresponding to the claimed means is a computer program product
`having a computer readable medium having a computer program
`recorded therein, with code for emitting a secure access signal
`conveying said information dependent upon said accessibility
`attribute. ‘208 Patent, col. 4, lines 8-13, 18-22, 40-45 & 50-54; col. 5
`line 65 – col. 6 line 6; col. 6 lines 28-55; col. 8 lines 19-35; col. 14
`lines 16-20.
`
`receiving a
`for
`means
`series of entries of the
`biometric signal,
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. The function
`of this limitation is “receiving a series of entries of the biometric
`signal.” Structure corresponding to the claimed means is a computer
`program product having a computer readable medium having a
`
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`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`computer program recorded therein, with code for receiving a series
`of entries of the biometric signal. ‘208 Patent, col. 4, lines 8-14, 25-
`34 & 40-46; col. 5 lines 53-59; col. 7 line 66 – col. 8 line 6; col. 10
`lines 45-63; col. 12 lines 55-59.
`
`means for mapping said
`series into an instruction
`
`means for populating the
`database according to the
`instruction
`
`means for populating the
`data base of biometric
`signatures
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. The function
`of this limitation is “mapping said series into an instruction.”
`Structure corresponding to the claimed means is a computer program
`product having a computer readable medium having a computer
`program recorded therein, with code for mapping said series into an
`instruction. ‘208 Patent, col. 4, lines 25-31 & 37; col. 10 line 45 –
`col. 11 line 2; col. 12 lines 55-59; col. 12 line 67 – col. 13 line 3.
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. The function
`of this limitation is “populating the database according to the
`instruction.” Structure corresponding to the claimed means is a
`computer program product having a computer readable medium
`having a computer program recorded therein, with code for
`populating the database according to the instruction. ‘208 Patent,
`col. 4, lines 25-31 & 38-39; col. 10 lines 32-34; col. 10 line 57 – col.
`11 line 2; col. 12 lines 43-45; col. 13 lines 9-11, 15-19.
`
`Claims 1, 9 of the ‘208 Patent Means plus function language pursuant to section 112. The function
`of this limitation is “populating the data base of biometric
`signatures.” Structure corresponding to the claimed means is a
`computer program product having a computer readable medium
`having a computer program recorded therein, with code for
`populating the data base of biometric signatures. ‘208 Patent, col. 4,
`lines 25-31 & 38-39; col. 10 line 57 – col. 11 line 2; col. 12 lines 43-
`45; col. 13 lines 9-11, 15-19.
`
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`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`means for receiving the
`transmitted secure access
`signal
`
`Claims 1, 10 of the ‘208 Patent Means plus function language pursuant to section 112. The function
`of this limitation is “receiving the transmitted secure access signal.”
`Structure corresponding to the claimed means is a computer program
`product having a computer readable medium having a computer
`program recorded therein, with code for receiving the transmitted
`secure access signal. ‘208 Patent, col. 4, lines 55-61.
`
`providing
`for
`means
`conditional access to the
`controlled item dependent
`upon [said]
`information
`[in said secure access
`signal]
`
`Claims 1, 10 of the ‘208 Patent Means plus function language pursuant to section 112. The function
`of this limitation is “providing conditional access to the controlled
`item dependent upon [said] information [in said secure access
`signal].” Structure corresponding to the claimed means is a computer
`program product having a computer readable medium having a
`computer program recorded therein, with code for providing
`conditional access to the controlled item dependent upon [said]
`information [in said secure access signal]. ‘208 Patent, col. 4, lines
`8-13, 23-24, 55-60 & 62-63; col. 8 lines 17-28; col. 11 lines 27-56;
`col. 11 line 66 –col. 12 line 10; col. 12 lines 24-27.
`
`means for providing a
`signal for directing input
`of the series of entries of
`the biometric signal
`
`Claim 2 of the ‘208 Patent
`
`means for incorporating
`into
`the secure access
`signal an
`identification
`field
`identifying
`the
`
`Claim 2 of the ‘208 Patent
`
`Means plus function language pursuant to section 112. The function
`of this limitation is “providing a signal for directing input of the
`series of entries of the biometric signal.” Structure corresponding to
`the claimed means is a computer program product having a computer
`readable medium having a computer program recorded therein, with
`code for providing a signal for directing input of the series of entries
`of the biometric signal. ‘208 Patent, col. 11, lines 11-19; col. 13,
`lines 28-47; Fig. 9.
`
`Means plus function language pursuant to section 112. The function
`of this limitation is “incorporating into the secure access signal an
`identification field identifying the biometric signal if the signal
`matches a member in the database.” Structure corresponding to the
`
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`Term
`
`Claim(s)
`
`CPC’s Proposed Construction
`
`the
`if
`biometric signal
`signal matches a member
`in the database
`
`means for constructing an
`audit trail of biometric
`signals provided to the
`biometric sensor for the
`purpose of accessing the
`controlled item
`
`for emitting a
`means
`access
`signal
`secure
`capable of granting more
`than two types of access to
`the controlled item
`
`Claim 2 of the ‘208 Patent
`
`Claim 10 of the ‘208 Patent
`
`claimed means is a computer program product having a computer
`readable medium having a computer program recorded therein, with
`code for incorporating into the secure access signal an identification
`field identifying the biometric signal if the signal matches a member
`in the database. ‘208 Patent, col. 12, lines 28-33; Fig. 2.
`
`Means plus function language pursuant to section 112. The function
`of this limitation is “constructing an audit trail of biometric signals
`provided to the biometric sensor for the purpose of accessing the
`controlled item.” Structure corresponding to the claimed means is a
`computer program product having a computer readable medium
`having a computer program recorded therein, with code for
`constructing an audit trail of biometric signals provided to the
`biometric sensor for the purpose of accessing the controlled item.
`‘208 Patent, col. 12, lines 28-33; Fig. 2.
`
`Means plus function language pursuant to section 112. The function
`of this limitation is “emitting a secure access signal capable of
`granting more than two types of access to the controlled item.”
`Structure corresponding to the claimed means is a computer program
`product having a computer readable medium having a computer
`program recorded therein, with code for emitting a secure access
`signal capable of granting more than two types of access to the
`controlled item. ‘208 Patent, col. 4, lines 8-13, 18-22, 40-45 & 50-
`54; col. 8 lines 17-28; col. 10 lines 24-44.
`
`collocated
`
`Claim 9 of the ‘705 Patent
`
`Co-located or located together.
`
`
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