Apple Computer Inc. v. Burst.com, Inc.

Filing 74

Declaration of Nicholas Brown filed byApple Computer Inc.. (Attachments: # 1 Exhibit Exhibit A Part 1# 2 Exhibit Exhibit A Part 2# 3 Exhibit Exhibit A Part 3# 4 Exhibit Exhibit A Part 4# 5 Exhibit Exhibit B Part 1# 6 Exhibit Exhibit B Part# 7 Exhibit Exhibit B Part 3# 8 Exhibit Exhibit B Part 4)(Brown, Nicholas) (Filed on 12/9/2006)

Case 3:06-cv-00019-MHP
Apple Computer Inc. v. Burst.com, Inc.

Document 74-3

Filed 12/09/2006

Page 1 of 30
Doc. 74 Att. 2

forming electrical signals to fiber optic signals.

Port 18

thus provides a capability for two-way communication between highcspeed data bus 3 4 and a fiber optic signal line. The

incorporation of fiber optic port 18 in the VCR-ET provides a capability for receiving audio/video signals from or delivering audio/video signals to the fiber optic line such as a'fiber optic telephone line. The fiber optic line carries

digital signals in the form of light waves over great distances with a high degree of accuracy and reliability and at a high
# `

speed (e.g., about 200 megabytes/second).

The VCR-ET can

receive a video program at an accelerated rate via fiber optic port 18, e.g., from a varietyxof sources. For example-

a video program may be communicated at an accelerated rate from the first VCR-ET to a second VCR-ET in less time than it would take to view the program. Thus, it is not necessary to of time td transmit

access the optical fiber for long periods a long video program.

It is also envisioned that in the future, a video library may be established which downloads video programs at an accelerated rate via optical fibers to a subscriber's VCR-ET

.
Switch 3 7 is provided to select connection to the

fiber optic input/output port 18. An OFF or open position is provided. The selected signal is delivered to or supplied from high speed data bus 3 4 . Analog output signals from AVRU 11 are delivered to the common terminal 38 of a selector switch 3 9 . When set to

position A, switch 3 9 delivers the output signal of AVRU 11

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APBU-00000031
Dockets.Justia.com

Case 3:06-cv-00019-MHP

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.
directly to a video output line 4 1 as a standard STCS composite signal; when set to position B switch 39 delivers the output of VRU 11 to the input of RF modulator 19. Modulator

1 9 converts the video signal to an RF-modulated composite signal

for delivery to such devices as televisions and conventional ,
VCR's. These types of devices play back the video program on Delivery to the television or VCR i s via RF outa particular frequency channel (such as channel 4 ) on the television. put line 42. Digital output signals from VCR-ET 10 may be dispatched from high speed data bus 34 via line 4 3 to input leads of RGB converter 21 and audio-video trk.mitter/receiver
22.

RGB converter 2 1 converts the STCS signal into an RGB signal as required by computer monitors and similar display devices. The converted signal is received by a display device
I

connected to RGB converter output line 44.

VCR-ET 10 includes audio/video transmitter/receiver
2 2 which is typically a modem.

Advantageously, the modem may

be used to communicate an audio/video program over conventional phone lines in a manner similar to that described above with respect to optical fibers. The term modem is derived directly

from its functionality as a modulator-demodulator which allows transfer of the audio/video signal over the standard telephone line. Modems are commonly available for computers and are currently available in the form of a single integrated circuit.
As an example, Sierra Semiconductor offers a 2 4 0 0 baud single

i'

chip modem under its part number SC111006.

Representative

manufacturers of these single modem IC's can be found in the April 1 4 , 1 9 8 8 issue of Engineering Design News (EDN), pages 124-125. Some'of:.these single modem X have the
A

3Cb

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APBU-00000032

Case 3:06-cv-00019-MHP

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Page 3 of 30

added capability of generating the tones for dialing a phone number. The destination phone number may be entered by

means of an optional keyboard/kaypad 45 incorporated in the video recorder 10 of the invention. Output port 46 of trans-

mi$ter/receiver 2 2 connects directly to the telephone line. (It is noted that the band width of a conventional phone line is at present

much,, than
4J.bGw-

-.lcarvLlhynrr

the signal band width of an

optical fiber, and thus the data transmission rate on telephone lines is m u c h , + + t h a n the transmission rate for an optical fiber. Accordingly, the time required to communicate

a video program over a conventional phone line may exceed the time it takes to view the program.)' The application and utilization of the VCR-ET may include a number of forms or operating modes. In its first and simplest operating mode, AVRU 11 may be operated in the manner of a conventional VCR with signals from an antenna being received by tuner 16 and recorded directly on media 2 3 in analog form. At the same time the received program may be viewed on the television screen with the television connnected at video output terminal 41. An
A

optional signal source for this type of operation is the

video line or camera input line 15 selectable by switch 35. In a second operating mode a program s o e , trd& media

-

23 of AVRU 1 1 may be played back and viewed on the connected

television set. When it is desired to copy a program from one recording media to another, the recording media holding the desired program is installed in the AVRU. The recording

media is then played back with optional viewing on a connected television set or other TV monitor or listening through

,

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APBU-00000033

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speakers ( a s a p p r o p r i a t e ) .

A s t h e recordi.ng media i s played

back, t h e analog s i g n a l s from t h e r e c o r d i n g media (video and/or audio) are dispatched t o VCU 1 2 via connection 4 7 . The analog s i g n a l s are converted t o d i g i t a l s i g n a l s by ADC 2 4 , cdmpressed by compressor/decompressor 26 and t h e compressed d i g i t a l signals a r e s t o r e d i n memory 13. The foregoing

o p e r a t i o n s a r e accomplished under t h e c o n t r o l of controller

2 7 and CPU 28.
t h i s process.

R A M 29 i s us.ed f o r i n t e r i m d a t a s t o r a g e d u r i n g

Once t h e complete video/audio program has been

s t o r e d i n memory 1 3 , t h e recording media from which t h e s t o r e d program has j u s t been r e a d i s replaced by blank recording media upon which t h e s t o r e d program i s t o be copied.
CPU 28

i n cooperation w i t h c o n t r o l l e r 2 7 and RAM 29 then e x e c u t e s t h e decompression and d i g i t a l t o analog conversion of t h e
I

program s t o r e d i n memory 1 3 , decompression t a k i n g p l a c e i n
/

compressor/decompressbr 2 6 , and d i g i t a l t o analog conversion being accomplished by DAC 2 5 . The r e s u l t i n g analog program

i s s t o r e d on t h e blank recording media which c o n s t i t u t e s

media 23 of AVRU 1 . 1 During t h e foregoing copying procedures, DCU 14 may be u t i l i z e d f o r e d i t i n g o p e r a t i o n s .

As t h e program i s being

read from t h e f i r s t o r o r i g i n a l recording media, it i s simultaneously viewed on t h e TV s c r e e n , o r l i s t e n e d t o by means of an audio monitor , converted ' t o d i g i t a l s i g n a l s , compressed and s t o r e d i n memory 1 3 . Once t h e d i g i t a l audio/video

program i s s t o r e d i n memory 1 3 , e d i t i n g i s accomplished by t h e u s e r through c o n t r o l of DCU 14, by means o f a c o n t r o l panel ( n o t shown) coupled t o DCU 1 4 . I f desired, additional

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APBU-00000034

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audio/video signals may be simultaneously entered into memory 1 3 and added to those received from VCU 12. The addi-

tional signals may be introduced from auxkliary digital input port 17 or from fiber.optic input/output port 18 and may comprise video captions for to silent video presentations.
1

position upon the stored In addition, as mentioned

video images, or they may be audio commentaries to be added

above, the order in which various segments appear in the video.programs may be altered. Certain undesired segments, This editing operation

such as TV commercials, may be removed.

is accomplished under the control of DCU 14. In still another operating mode a program stored in media 23 of AVRU 11 or being received by AVRU 11 from input line 15 (as from a video camera) may be digitized and compressed by VCU 12 and routed via bus 34, to memory 13.
/

The

data from memory 13 is then routed to line 4 3 , transmitter/ receiver 22 and to a telephone line. At the other end of the telephone line the signals received are processed by another VCR-ET.
As indicated above, conventional nonoptical telephone

lines do not typically support high data transmission rates at the present time. Accordingly, even compressed data may

require more time to transmit over conventional phone lines than it would take to view the actual video program. 0nce.received in the second VCR-ET'S memory 13,
._I

the digitized program can then either be viewed directly from memory or transfekred to storage medium 23, either in its entirety or in random segments, based on user preference. In the case of video camera input at input 15 the transmitted signals may comprise a live transmission. AlterI

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APBU-00000035

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0-

natively the transmitted program may be derived from a program s o e b + trd-

e

media 2 3 of AVRU 11.

In this case the

stored analog program is again decoded, digitized, compressed and transmitted via bus 34 to m e m o r y 1 3 .
1

The data in memory

13 is then communicated via line 4 3 and transmitter/receiver
22 to telephone lines.

It follows, of course, that digitized video and audio signals from the remote VCR-ET at the far end of the telephone line may be received at line 4 6 , entered into memory 1 3 via transmitter/receiver 2 2 , converted to analog signals by VCU 1 2 , and recorded on media 2 3 and then viewed, if desired, on a television set connected at output 41.
A s mentioned earlier, when any of the foregoing

operations entail the processing of unmodulated video signals, such signals must first be processed by RF modulator 19 before they can be accepted by devices such as a conventional VCR or television set; when the monitoring means is a computer monitor or a similar display device the signals are processed
by RGB converter 21.
A l l of the foregoing operations are performed with

,

enhanced quality and efficiency by virtue of the digital, rather than analog, storage and transmission modes and the compressed data storage mechanism, with additional advantages of improved cost and reliability afforded in the case of tape to tape (or other media to media) program transfers by virtue of the requirement for only a single tape deck or other storage device.
A l l of the foregoing operatiions, to the extent they

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APBU-00000036

Case 3:06-cv-00019-MHP

Document 74-3

Filed 12/09/2006

Page 7 of 30

.. . .

.
relate to the editing, playback, reception and/or transmission
of video signals are also analogous to the VCR-ET'S capabi-

lities with regard to analog or digital signals containing only audio material.
An

improved audio/video recorder with significantly

expanded functional capabilities is thus provided in accordance with the stated objects of the invention and although but a single embodiment of the invention has been illustrated and described, it will be apparent to those skilled in the art that various changes and modifications may be made therein without departing from the spirit of the invention or from the scope of the appended claim. Fbr example, the VCR-ET can Thus, it could be be constructed so a s to be portable.

carried to a location along with a video camera where it is desired to record a program, and then taken to another
/

location where it is used to edit the program.

Other modifi-

cations will be apparent to those skilled in the art in light of the present specification.

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APBU-00000037

Case 3:06-cv-00019-MHP

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it/,,/

What is claimed is:
1 .

I

An apparatus comprising a first means

signals received to f i k t di an output port; and a second means digital data signals to said than the speed of the analog first means.

2.

The apparatus

combination with: means for coup

combination with: said output port to a telephone line.

forth in claim 1 wherein: equentially compresses said second digital data signall and transmits said second digital
I

apparatus set forth in claim 1 in further combination wi

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APBU-00000038

Case 3:06-cv-00019-MHP

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Page 9 of 30

upled to said output port; and led to said transmission said second digital data signal.

in claim 5 in further combination with: to said transmission second digital data signal; and

I

combination with:

data signal.

signals to decompressed analog signals.

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APBU-00000039

Case 3:06-cv-00019-MHP

Document 74-3

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Page 10 of 30

combination with:

apparatus set forth in claim 11 wherein: aid first means receives said analog video

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APBU-00000040

Case 3:06-cv-00019-MHP
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Document 74-3

Filed 12/09/2006

Page 11 of 30

said third means tr?.nsmits said reconstructed analog video signal to another cassette.

14.

An apparatus comprising:

and a third means 0:.displaying second video signals

the sequence of said first

15.

The apparatus

14 wherein:

'

data.

/

signals,

17.
data.
"

The pparatus set forth in claim 16 wherein: sai digital data comprises compressed digital

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APBU-00000041

Case 3:06-cv-00019-MHP

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Page 12 of 30

18.

A s e l f contained

an analog video d a t a s t o r a g e medium, an analog video s t o r a g e medium f o r r e c e i v i n g a m e d i u m a t a f i r s t speed and t h

a f i r s t means f o
s i g n a l s t o an o u t p u t p o r t a t a

19.

The s e l f c o n t a i n

f o r t h i n c l a i m 1 8 wherein: s a i d second speed

4

g r p t e r than s a i d f i r s t

f o r t h i n claim 1 wherein: signals.

s a i d contrq

/

i

u n i t d i g i t i z i n g and modifies s a i d

ined audio video r e c o r d e r s e t

r t comprises a r e c e i v e r .

ed audio video r e c o r d e r comprising:

an audio video cassette r e c o r d e r employing a

an audio video c o n t r o l u n i t connected t o s a i d audio video s i g n a l s from s a i d difying said signals,

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APBU-00000042

Case 3:06-cv-00019-MHP

Document 74-3

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.___

a memory,

memory, and

to said medium.

in claim 2 2 wherein:

audio video recorder set

speed.

/

speed is higher than said first

ita1 editing audio video recorder trans-

udio video recorder comprising a data storage

an audio video control unit connected to said receiving audio video signals from said ng said signals.

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APBU-00000043

Case 3:06-cv-00019-MHP

Document 74-3

Filed 12/09/2006

Page 14 of 30

a memory , a
..

signals to said memory, a in said memory, and a

tized signals to a received.

26.

The digital edi ing audio video recorder/trans.

mitter, set forth in claim 2 wherein:

said audio vi eo control unit digitizes and modifies the audio video si nals rebeived from said storage medium.
A

i
27

video recorder/trans-

,

comprises a video for receiving a cassette.
editing audio video recordes/trans-

ital,

laim 25 wherein: dio video control unit digitizes and video signals.

ita1 editing audio video recorder/translain 28 in further combination with: a fourth means for selectively transmitting the als to said audio video control unit,

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APBU-00000044

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edited digitized signals, and

edited

mitter comprising: a data storage medium, an audio/video said audio vid

analog to digital converter, a digital to analog converter, a central processor

7'
b

control unit comprising an

io video signals from
/

gital converter for

rocessor unit and als in said digital

modified digitial r to said memory,

editing said compressed

eans for transmitting the edited compressed

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APBU-00000045

Case 3:06-cv-00019-MHP

Document 74-3
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31. The digital e

/

ting video recorder/trans-

audio video control

means f o r transmitting said modified signals

APBU-00000046

Case 3:06-cv-00019-MHP

Document 74-3
;r`

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8

Page 17 of 30
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An improved video recorder/transmitter with

expanded functionality including a capability for editing and/or copying from one video tape to another using only a single tape deck. The'increased functionality is realized

through the use of analog to digital conversion, signal compression and intermediate storage in an integrated circuit, random access memory.
The recorder/transmitter has capabilities

to transmit and receive program information in either a compressed or decompressed format over fiber optic lines.

APBU-00000047

Case 3:06-cv-00019-MHP

Document 74-3

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Page 18 of 30

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Declararto!!,

Power of Attorney, and Pe'lithn
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As a below named inventor, I hereby declare that:

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'My residence, post office address and citizenship are as stated below next to my name, .

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I bclievk I am the original, first and sole invent inventor(ifplura1names are listed below)ofthesubject tion entitled__....._...... V.XD.EQ...GCO"EP~R~X

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............................................. ............................................. the specification of which 0 was filed on___.....__..._-. -......._.ai (check one) &is attached hereto. and was amended on __......__..._._._____---.applicable). (if Application Serial No.

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claims, as amended by any amendment referred to above.
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1. hereby state that l'have reviewed and understand the contents of the abovc identified specification, including the

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.

1 acknowledge the duty to disclose information which is material to the examination of this application in accordance with Title 37, Code of Federal Regulations, 4 1.56(a).

I hereby claim foreign priority benefits under Title 35, United States Code 8 119 of any foreignapplication(s) for patent or inventor's certificatelistcd below and have also identified below any foreignapplication for patent or inventor's certificatehaving a filing date before that of the application on which priority is claimed

Prior Foreign Application(s)
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(Numkr)

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Priority claimed
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nrmw (COUWY) D.ylmmub/ycum Yes No I hereby claim the benefit under Title 35, United States Code, g1200;any United Statcsapplication(s) listed below and, insofar as the subject matter of each of the claims of this application is not disclosed in the prior United States application in the manner provided by the first paragraph of Title 35. United States Code, 6 1 12, I acknowledgethe duty to disclose material information as defined in Title 37,Code of Federal Regulations, 0 1.5qa) which occurred between the filing date of the prior application and the national or PCT international filing date of this application:

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(Applunbn SnY No )

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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 with the knowledge that willfulfalsestatementsand the likcso madeare punishable by fine or imprisonment, or both, under Section 1001ofTitle I8 of the United States Code and that such willful false statementsmay jeopardize the validity of the application or any patent issued thcreon.
And I hereby appoint

?/Warren F. B. + p d s l e y flfl,Camel Square, 1, u i t e 200E h . 4 3 5 0 E Camelback Road . *'s3Phoenixr AZ 8 5 0 1 8

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my attorney with full power of substitution and revocation, to prosecute this application and to transact all business in the Patent and Trademark Office connectcd therewith. Wherefore I pray that Letters Patent be granted to me for the invention or discovery described and claimed in the foregoing specification and claims, and 1 hereby subscribe my name to the foregoing specification and claims,

, ._

(Supply similar information and signature for third and subsequentjoint inventors.)

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APBU-00000048

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tcntee;
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R i c h a r d A.

Lanq

Attornqr'S

Docket N. o:

13521,

VIDEO RECORDER/TRANSMITTER

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I ac!uakdge thc chty to f i l e , this application pamt, notificatipn of q . dwqe i n stafus resultingpaying,intho entitlrnrnt toorissueentity status prior to fee in loss of m. I1 pying, at the t k of earliest of the fee or any mainteMnce

due after the date a which status as a s ~ lmtity is M longer apprapriate. (37 CFR l 1-18@I 1

4: 1

*

I hereby declare that a l l statenrents made herein of my knckJledge are true and that all staunmts made M j n f m t i o n and hlief . r believed to be true; and fuhher ie that: these stataents wre nude with the hcwlcdge that willful false statunznts and the likc a d m ak sb h fh N r i m t r or both, under lo. o]' o T i t l e 18 of the United States code, and that such w i l l f u l false statarwts m y f jeap.rrdizc the validity of the application, any patent issuing thereon, or any patent to which. this verified st;atcnmt is directed.

APBU-00000049

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Case Docket

No.

13527;

CAMEL SQUARE SUITE 200 E 4350 E. CAMELBACK ROAD PHOENIX, ARIZONA 85018

WARREN

F B. LINDSLEY .

-

. Washington, D.C. 20231

THE COMMISSIONER OF PATENTS
Sir:

Transmitted herewith for filing i s the patent application of
inventor:

RICHARD A. LANG
VIDEO RECORDER/TRANSMITTER

For:

Enclosed are:

2

sheets of drawing.
to

(three copies each)

0An assignment of the invention

u

A certified copy o a f

application.

0

Associate power of attorney.
CLAIMS AS FILED
((1
(2)

(31

(4)

FOR TOTAL CLAIMS INDEPENDENT

NUMBER FILED

32

- 20 =

NUMBER EXTR.A

RATE

r;'" 7 (51

FEE

12

$6+0C
X

X

72-00

0
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Please charge my Dcposit Account No. A duplicate copy of this sheet i s enclosed.

.

in the amount of

Q h : e

I

D check in A

Commissioner i s hereby authorized to charge any additional fees which may be required. or credit any overpayment to #AccountNo. A duplicate copy of t h i s sheet is enclosed. A check in the amount of $ 7 .OO to cover recording fee enclosed.
the amount of

$344.00

to cover the filing fee is enclosed.

Verified Statement Claiming Small Entity Status enclosed.
Prior Art F o LJare enclosed.r m PTO-1449 copies of cited patents
and
Attom-y'of Record

Warren F. B. Lindsley
FORM

PO.1082

(1*70l

uacoMu.oc

OO~OCP~O

1

APBU-00000054

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Page 25 of 30

IOR ART CITED BY APPLICANT se,veral sheets if necessary)

APBU-00000055

Case 3:06-cv-00019-MHP

Document 74-3

Filed 12/09/2006

Page 26 of 30

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PATENT APPLICATION SERIAL NO.

iR78289776

U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE FEE RECORD SHEET

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1 201 .

344.00 CK

PTO-1556 (5187)

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APBU-00000056

Case 3:06-cv-00019-MHP
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/-.

Document 74-3

Filed 12/09/2006
,

Page 27 of 30
OF COMMERCE

UNITED STATES [SEPARTMENT P a t e n t and Trademark Office
Address S E R I A L NUMBER

[

F I L I N G DATE

I

COMMISSIONER OF P A T E N T S A N 0 TRADEMARKS Wahhington. D C 20231

FIRST N A M E D APPLICANT

I ATTORNEY DOCKET N.. O
3. X X L .
EXAMINER

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IIARREN P`e It: + L.:I:NDSL.I: C:RilE:L. fXJ1JAli'E WZ'T'E .%Xi0 E: + CANE1,.13AL.:I < 17[J&l>

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ol`vour a ~ p i i c o i i o n

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ART UNIT PAPER NUMBER

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D A T E MAILED:

This

8 % II

sommumcation

from

t h e oxamlner ~n chsrgm

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COMMISSIONER OF PATENTS
I-

AN0

TRADEMARKS

-application

has been examined

e p o n s i v e to communication filed on

0

-27-SaThis

action is made final.

A shortened statutory perlod for response to this action is s e t t o expire-month(s), ___ days from the date Of this letter. Failure to respond within the perlod for response w i l l cause the application l o become abandoned. 35 U.S.C. 133 Part I THE FOLLOWING ATTACHMENT(S) ARE PART O F THIS-ACTION: 2. 4. 3. m o t l c e of Art Cited by Applicant, PTO-1449
~

1 m o t i c e of References Clted by Examiner. PT0-892. .
5 .

0lnformatlon on How to Effect Drawing Changes,
SUMMARY

PTO-1474

6.

0 Notlce re Patent Drawing, PTO-948. 0Notice of informal Patent Appltcatlon, 0

Form PTO-152

Part II

OF ACTION

1 [7a Claims .
Of the above, claims

I- 32

are pending i n the application. are withdrawn from consideration. have been cancelled. are allowed.

2 .

0Claims 0Claims
wlaims

3.

._
4.

/#32

'

are rejected. are objected to. are subject to restriction or election requirement.

5.
6. 7.
8.

0Claims
0Claims
matter Is Indlcated.

0This application has been filed with informal drawings which are acceptable for examination purposes until such time as allowable subject
0 Allowable
subject matter having been indicated, formal drawings are required In response to this Office action.

9.

0The corrected or substitute drawings have been received on 0not acceptable (see explanation).

. These drawings are 0acceptable;
. I

10.

1. 1

0T h e m proposed drawing correction and/or the 0proposed additional or substitute sheet(s) of drawings, filed on has (have) been 0approved by the;examiner. 0 disapproved by the examlner (see explanation). , has been fz1approved. 0-disapproved (see explanation). 0The proposed drawing correction, filed
EFFECT ORAWING CHANGES", PTO-1474.
-

However,

the Patent and Trademark Office no longer makes drawing changes. It is now applicant's responslbtlity to ensure that the drawings are corrected. Corrections U T be effected i n aCcordance with the instructions set forth on the attached letter "INFORMATION O N HOW TO

I

12.

D Acknowledgment is made of the claim for priority under 35 U.S.C.

119. The certified copy has

0 been received
IO

[7 not been received

0been filed i n parent application,
13.

serial no.

; filed on
the merits
IS

Since this application appears to be in condition for allowance except for formal matters, prosecution as accordance with the practice under Ex parte Quayle, 1935 C.D. 11; 453 O.G. 213.

closedw

14.

0Other
.. .

PTOL-326 (Rev. 7

~

82)

EXAMINER'S ACTION

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APBU-00000057

Case 3:06-cv-00019-MHP

Document 74-3

Filed 12/09/2006

Page 28 of 30

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Serial No. 289776 Art Unit
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235
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7.

The title of the invention is not descr*ptive. the claims are directed.
\

A new title

is required that is clearly indicat$ve of the invention to which

The Examiner requires a copy of the references (The Electronic System Design and Infoworld) the specification. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 8 102 that form the basis for the rejections under this section made in this Office action:
/ A person shall be entstled to a patent unless (b) the invention was.patented or described in a printed , . publication in this or a foreign country or in public use or-, on sale in this country, more than one yedr prior to the date of application for patent in the United States.

OJI

page 7 lines 3-11 of

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Claims 1,4-10, 18-24 are rejected under 35 U.S.C. as being anticipated by Baldwin.
)

§

102(b)

Baldwin inherently includes the first means because Baldwin discloses a digital signal , the signal must have originally been c.onverted from analog to digital.Baldwin in fig 5 discloses the' output port(60) and the second means(co1 2 lines 33-38) of claim
1.

Baldwin in fig 5 d,iscloses the sequential
I

pression of the

-.

first means(co1 2 lines 33-37) and the transmittal of the second digital signal(58 and 59) of claim 4. Baldwin in fig 5 discloses the transmission medium(60) and the decompression means col 2 lines 33-37) of claim 5. Baldwin in fig 5 discloses the memory device(53 and 54) and
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APBU-00000058

Case 3:06-cv-00019-MHP

Document 74-3

Filed 12/09/2006

Page 29 of 30

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Serial No. 289776 Art Unit 235
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the editing means(fig 4) of claim 6. Baldwin discloses the display means (col 1 lines 8-13) of claim 7. Baldwin in fig 5 discloses the data port(input to 51 and 52) and the connecting means (col 2 lines 33-37) of claim 8. Baldwin in fig 5 discloses the data decompression means(co1 2 lines 33-40) of claim 9
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Baldwin inherently includes the receiving means from a video library of claim 10 because a tape is disclosed (fig llhaving many video images. These images are the equivalent of a video

1ibrary

.

Baldwin discloses the analog video cassette recorder( col 2 lines 27-30)of claim 18. Baldwin in fig 5 discloses the analog video control unit (51 and 52) of claim 18. Baldwin inherently includes the digitizing of the analog video control unit of claim 18 because the digital signals must

originally have been converted from analog to digital. Baldwin in fig 5 discloses the first means (55 & 56) and the medium claim 18. The Baldwin system is inherently self contained absent a
. .
I

teaching to the contrary. Baldwin discloses the second speed (col 3 lines 50-58) of claim 19. Baldwin inherently includes the control unit of claim 20 because analog to digital is a form of signal modification. Baldwin discloses the receiver(60) of claim 21 because the

APBU-00000059

Case 3:06-cv-00019-MHP
I

Document 74-3

Filed 12/09/2006

Page 30 of 30

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Serial No. 289776 Art Unit 235
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Baldwin receiver receives- data from other circuits.

.'Baldwin

discloses the audio video cassette recorder( col 1 lines 8-13)the audio video control unit(see the reasons in claim 18) of claim 22. Baldwin in fig 5 discloses the memory( 53 and 54), the first means (51 and 521, the second means(fig 4). Baldwin ihherently includes the third transmitting means because the Baldwin system is for recording.
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Baldwin discloses the first and second speeds (~013lines 40-49) of claim 23.
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/

(

Baldwin discloses the second speed (colg lines 40-49) of claim 24. The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless

:

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(e) the invention was described in a patent granted on an application for patent by anoTher filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requiremqnts of paragraphs (11, (21, and (4) of section 371(c) of this title-before the invention thereof by the applicant for-patent. Claims 11-15 and A5 -32 are rejected under 35 U.S.C.
I '

5 102(e) as being anticipated by Nichols. -*Nichols in fig 4 discloses the first means(901, the digital memory(98,120 and 1241, the second means(96,118 and 122) and the third means (142 144 and 146) of claim 11.
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APBU-00000060