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

Filing 76

EXHIBITS M-Q filed byApple Computer Inc.. (Attachments: # 1 Exhibit M# 2 Exhibit N# 3 Exhibit O Part 1# 4 Exhibit O Part 2# 5 Exhibit O Part 3# 6 Exhibit O Part 4# 7 Exhibit P# 8 Exhibit Q Part 1# 9 Exhibit Q Part 2# 10 Exhibit Q Part 3)(Brown, Nicholas) (Filed on 12/9/2006)

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

Document 76-5

Filed 12/09/2006

Page 1 of 50
Doc. 76 Att. 4

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Sams & Co. in 1983, incorporated herein by reference.) An NTSC composite signal is defined as the analog signal that carries the chrominance (color), luminance (brightness), synchronization [timing) and audio signals that make up the video signals received and displayed by television and video cassette recorders. These four components are combined into one signal by modulating the components in different ways. (Amplitude modulation and phase modulation are examples.) The standard video line signal is such a composite signal and may be received at input line 15 from one of the abovementioned sources. TV RF tuner input port 16 also supplies a composite signal as described in regard to video input line 15. The difference is that this signal i s received from an antenna or cable TV coaxial cable. To receive such a signal, tuner 16 is capable of being set or tuned to receive the desired carrier frequency or television channel. Selector switch 35 is provided to select either video input line 15 or TV RF tuner 16 as an input signa$ source to AVRU 11. Auxiliary digital input port 17 is employed to receive any acceptable digital signal such as computer-generated video signal o r as may be supplied by another VCR-ET. This signal, for example, may be an RGB video signal such as that delivered to computer monitors, or it may be a digitized audio signal. (As mentioned above, an RGB signal is a signal which communicates the strength of the red, green and blue color components for the pixels that make up each video frame.) Switch 36 selects whether the digital video/audio input signal is chosen from auxiliary digital input port 17. Switch 36 supplies the selected signal to high speed data bus 3 4 which carries the signals in digital form. Fiber optic port 18 incorporates a fiber optic transceiver. Port 18 has a capability for transforming fiber optic (light) signals to electrical signals or for transEorming electrical signals to fiber optic signals. Port 18 thus provides a capability for two-way communication between high speed data bus 3 4 and a fibat optic signal

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APBU-00000156
Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

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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 t o 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/transmit a video program at an accelerated rate via fiber optic port 18 from/to a variety of 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 access the optical fiber for long periods o,f time in order to transmit 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. After downloading, the program may be viewed, . J , stored in memory, edited and/or a hard copy of the program may be made on magnetic tape, optical disk, etc. Switch 37 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 39. When set to position A, switch 3 9 delivers the output signal of AVRU 11 directly to a video output line 41 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 19 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 a particular frequency channel (such as channel 4 ) on the television. Delivery to the television or VCR is via RF output line 4 2 . Digital output signals from VCR-ET 10 may be dispatched

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APBU-00000157

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 3 of 50

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from high speed data bus 34 via line 43 to input leads of RGB converter 21 and audio/video transmitter/receiver 2 2 . RGB converter 21 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 connected to RGB converter output line 44. VCR-ET 10 includes audio/video transmitter/receiver 22 which is typically a built-in 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 in a digital format over the standard telephone line. Modems are commpnly available for computers and are currently available in the form of a single integrated circuit. As an example, Sierra Semiconductor offers a 2400 baud single chip modem under its part number SC111006. Representative manufacturers of these single modem IC's can be found in the April 14, 1988 issye of Engineering Design News (EDN), pages 124-125. Some of these single IC modems have the added capability of generating the tones f o r dialing a phone number. The destination phone number may be entered by means of an optional keyboard/keypad 45 incorporated in the video recorder 10 of the invention. Output port 46 of transmitter/receiver 2 2 connects directly to the telephone line. Also associated with Modem 22 is an auxilliary keyboard 4 5 ' (Fig. 1A) of buttons for commanding the modem to perorm tasks such as starting a transmission over phone lines (45a), terminating a transmission (45b), automatic telephone answering,to receive transmissions (45c), using an optional speaker (not shown) to monitor phone lines (45d), using an optional microphone (not shown) to speak over the phone lines (45e) and or controlling the baud rate (45f). 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

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APBU-00000158

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 4 of 50

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manner of a conventional VCR with signals from an antenna being received by tuner 16 and recorded directly on media 23 in analog form. At the same time the received program may be viewed on the television screen with the television connected at video output terminal 42. An 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 stored in media 23 of AVRU 11 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 o r other TV monitor or listening through speakers (as appropriate). As the recording media is played back, the analog signals from the recording media (video and/or audio) are dispatched to VCU 12 via connection 47. The analog signals are converted to digital signals by ADC 24, compressed by compressor/decompressor 26 and the compressed digital signals are stored in memory 13. The foregoing operations are accomplished under the control of controller 27 and CPU 28. RAM 29 is used for interim data storage during this process. Once the complete video/audio program has been stored in memory 13, the recording media from which the stored program has just been read is replaced by blank recording media upon which the stored program is to be copied. CPU 28 in cooperation with controller 27 and RAM 29 then executes the decompression and digital to analog conversion of the program stored in memory 1 3 1 decompression taking place in compressor/decompressor 26, and digital to analog conversion being accomplished by DAC 25. The resulting analog program is stored on the blank recording media which constitutes media 23 of AVRU 11. In an alternate mode of operation, the decompression circuitry of VCU 12 can be bypassed. Thus, a user has the option of downloading the stored program from memory 13 onto recording media 23 in compressed digital format. The user
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APBU-00000159

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

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can then reload the program from media 23 into memory 13 at a future time for viewing, editing or recording back onto recording media 23 in analog form. This capability allows the user to quickly clear memory 13 for other interim uses and also provides the user with a hard copy of the program in digital format. The hard copy in compressed digital format has a number of uses, e.g. it could be archived for later viewing, transmitted by an appropriate independent transmitter, etc. During the foregoing procedures, DCU 14 may be utilized for editing operations. As the program is being read from the first or original recording media, it is simultaneously viewed on the TV screen, or listened to by means of an audio monitor, converted to digital signals, compressed and stored in memory 13. Once the digital audio/video program is stored in memory 13, editing is accomplished by the user through control of DCU 14, by means of a control panel (not shown) coupled to DCU 14. If desired, additional audio/video signals may be simultaneously entered into memory 13 and added to those received from VCU 12: The additional signals may be introduced from auxiliary digital input port 17 or Erom fiber optic input/output port 18 and may comprise video captions for super imposed position upon the stored video images, or they may be audio commentaries to be added to silent video presentations. In addition, as mentioned above, the order in which various segments appear in the video programs may be altered. Certain undesired segments, such as TV commercials, may be removed. This editing operation 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 3 4 , to memory 13. The data from memory 13 is then routed to line 43, 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.

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APBU-00000160

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 6 of 50

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Once received in the second VCR-ET'S memory 13, the digitized program can then either be viewed directly from memory or transferred 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. Alternatively the transmitted program may be derived from a program stored in media 23 of AVRU 11. In this case the stored analog prpgram is again decoded, digitized, compressed and transmitted via bus 34 to memory 13. The data in memory 13 is then communicated via line 43 and transmitter/receiver 2 2 to telephone lines. It follows, of course, that digitized video and audio signals from the remote VCR-ET at the other end of the telephone line may be received at line 4 6 , entered into memory 13 via transmitter/receiver 22, converted to analog signals by VCU 12, and recorded on media 23 and then viewed, if desired, on a television set connected at output 42. A hard copy of the program may also be made Eor later viewing. As mentioned,earlier, when any of the foregoing operations entaii 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 2 1 . All of the foregoing operations are performed with enhanded 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, Fig. 3 illustrates an alternative embodiment invention in which AVRU 11 is not integral with VCU 12, memory 13 or editor 14. In this embodiment, AVRU 11 is a conventional, commercially available VCR which receives a modulated video
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APBU-00000161

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 7 of 50

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input signal on an input cable 50. In this embodiment AVRU 11 includes a RF tuner 51 for demodulating the input signal so it can be stored in media 23. AVRU 11 also includes a RF modulator 52 for modulating the signal received from media 23 and providing the RF modulated output signal on an output cable 53, which can be coupled to a television set. (TV RF tuner 51 and RF modulator 52 are provided in typical commercially available VCR's.) A switch 54 is provided to couple input cable 50 to output cable 53 when media 23 is not serving as a video signal source. The VCR-ET of this embodiment includes a TV RF tuner 55 which receives and demodulates the signal on cable 53, and provides the resultant analog audio/video signal on a lead 56, which is digitized and compressed as described above. In this alternative embodiment, the digitized compressed signal may be processed as described above, e,g. stored in memory 13 (via high speed bus 341, edited, transmitted by the fiber optic port 18 to another VCR-ET, etc. When it is desired to view a program stored in memory 13, data from memory 13 is decompressed and converted to an analog signal by VCU 12, and the resulting signal is provided on an output lead 57 to a RF modulator 58, which modulates the video signal so that it can be received and stored by AVRU 11 or viewed on a television coupled t o cable 53. (As mentioned above, in the Fig. 3 embodiment, AVRU 11 is a conventional VCR.) One advantage of the embodiment of Pig. 3 is that many people already own VCR's. Rather than buying apparatus which duplicates much of the hardware already present in their VCR, the embodiment of Fig. 3 would provide to owners o conventional VCR's capabilities which are otherwise currently unavailable in an economical manner. In one embodiment, analog auxillary audio and video input terminals 6 2 , 64 are provided so that analog signals may be provided by alternate sources to VCU 12. The embodiments described above include means for transmitting/receiving video programs over fiber optic cables. However, in an alternative embodiment, either in

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APBU-00000162

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 8 of 50

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place of fiber optic port 18 or in addition to fiber optic port 18, means are provided for transmitting and/or receiving a video program via microwave. In conventional microwave technology, satellite systems and microwave transmitters transmit data using a low power/high frequency signal. In an embodiment of the invention designed to receive microwaves, the VCR-ET includes an amplifier f o r amplifying the microwave signal and a demodulator for obtaining the video program signal from the microwave signal. Receiving, amplifying and demodulating the microwave signal can be accomplished with conventional microwave transceiver equipment. The video program signal is typically in digital form, and may be stored, viewed or edited as in the above-described embodiments. Program data from memory 13 can also be transmitted by the microwave transciever, thereby providing the capability for microwaves transmission of stored video programs in compressed digital format. Thus, the invention can be used to receive and transmit programs via microwaves at an accelerated rate similar to and at least as fast as, the transmissi,on and reception of programs over optical fibers. This feature allows transmission and reception of programs in a few minutes or seconds using currently available technology. Both point-to-point microwave transceivers and satellite transceivers may be used. The embodiments described include means for receiving, storing and transmitting both audio and video signals. However, the invention encompasses apparatus which can store and transmit video signals only and apparatus which can store and transmit audio signals only. An embodiment designed to store and compress audio signals is illustrated in Fig. 4. Referring to Fig. 4 < an audio signal source 70 ( a tape recorder, microphone, record player, etc.) is coupled to a digitizer and compressor circuit 72, which converts the analog signal to a digital signal and compresses the digital signal in a manner similar to VCU 12 described above. The digital compressed signal can then be stored in a memory 74. Of importance, data from memory 7 4
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APBU-00000163

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 9 of 50

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can be transmitted by a fiber optic transceiver 7 6 , or by a microwave transceiver 78 at an accelerated rate. This is important not only in a home entertainment application, but in other applications as well. For example, a user can dictate an audio presentation and send it to a remote location (e.g. an office) at an accelerated rate without having to monopolize the transmission medium (e.g. the fiber optic cable) for an extended length of time. The business uses of the embodiment illustrated in Pig. 4 makes home offices feasible for many workers now confined to more traditional offices and also opens new possibilities to business people who are traveling. In the embodiment of Fig. 4 , data can also be loaded from memory 7 4 , via a modem 79 oyer a conventional phone line 80. Data can also be received from phone line 8 0 , fiber optic transceiver 7 6 or microwave transceiver 78, loaded into memory 7 4 , and converted t o an analog signal by circuit 7 2 , to be listened to via an audio monitor 8 2 , or to be stored on an audio tape cassette 8 4 or other storage , media. An editor 8 6 is optionally provided so that the data in memory 74 may be edited, e.g., by rearranging the order of portions of the audio program, increasing or decreasing the volume of portions (or different frequency components) of the audio program, or enhancing the audio program through filtering techniques (e.g. to remove static and noise). 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. For example, the VCR-ET can be constructed so as to be portable. Thus, it could be carried to a location where it is desired to record a program, and used to edit the program after it is recorded with a video camera. Other

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APBU-00000164

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 10 of 50

CPP/M-914

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

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APBU-00000165

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 11 of 50

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APBU-00000166

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 12 of 50

CPP/M-9 14

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said memory means.

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APBU-00000167

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 13 of 50

CPP/M-914

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thereby makng said second means available for rece ving and storing additional digital video signals.

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compressed video signal, and wherein said third

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means comprises an optical fiber.

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fourth means is remote from said said fourth means comprises a t Apparatus comprisin first means for r audio signal to a digi 17.

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APBU-00000168

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 14 of 50

CPP/M-914

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also being capable of receiving and storing sai analog audio signal from said first means.

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means comprises a microwave transceiver.

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APBU-00000169

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 15 of 50

CPP/M-914

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APBU-00000170

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 16 of 50

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AUDIO/VIDEO RECORDER/TRANSCEIVER Richard A. Lang
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ABSTRACT OF THE DISCLOSURE An improved video recorder/transceiver with expanded functionality ("VCR-ET") including a capability for storing video and video programs in digital format, editing such programs, transferring such programs onto a hard copy magnetic media, and transmitting such programs to a remote location using a second VCR-ET. 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, conventional phone lines or microwaves.

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APBU-00000171

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 17 of 50

Ddcket No.:

M-914 US

DECLARATION FOR PATENT APPLICATION

As a below named i n v e n t o r ,

I hereby d e c l a r e t h a t :

M y r e s i d e n c e , p o s t o f f i c e address and c i t i z e n s h i p a r e as s t a t e d below n e x t t o my name.
I b e l i e v e I am t h e o r i g i n a l , f i r s t and s o l e i n v e n t o r ( I f o n l y one name i s i l s t e d below) o r an o r i g i n a l , f i r s t and J o i n t i n v e n t o r ( i f p l u r a l names a r e l i s t e d below) o f t h e s u b j e c t m a t t e r which i s claimed and f o r which a p a t e n t i s sought on t h e i n v e n t i o n e n t i t l e d "AUDIO/VIDEO RECOROER/TRANSCEIVER" t h e s p e c i f i c a t i o n o f which
(check one)

I X X I i s att'ached hereto.
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I was f i l e d
as A p p l i c a t i o n S e r i a l No. and was amended

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on

( i f applicable). includlng

I hereby s t a t e t h a t I have reviewed and understand t h e c o n t e n t s o f t h e above i d e n t i f i e d s p e c i f i c a t i o n , t h e c l a i m s , as amended by any amendment r e f e r r e d t o above,

i acknowledge t h e d u t y t o d i s c l o s e i n f o r m a t l o n which i s m a t e r i a l t o t h e examination o f t h i s a p p l i c a t i o n In accordance w i t h T i t l e 3 1 , code of Federal Regulations, §i.56(a).
I hereby c l a i m f o r e i g n p r i o r i t y b e n e f i t s under T i t l e 35, U n l t e d S t a t e s Code, 5119 o f any f o r e i g n a p p l i c a t i o n ( s ) f o r p a t e n t o r i n v e n t o r ' s c e r t i f l c a t e l i s t e d below and have a l s o i d e n t i f i e d below any f o r e i g n a p p l l c a t l o n for p a t e n t o r i n v e n t o r ' s c e r t i f i c a t e having a f l i i n g d a t e b e f o r e t h a t o f t h e a p p l i c a t i o n on whlch p r l o r l t y i s c I aimed:

Prior F o r e i g n A p p l i c a t l o n ( s )
n/a
(Number 1 (Country) (Day/Month/Year Filed)

I hereby c l a i m t h e b e n e f l t under t l t l e 35, U n i t e d S t a t e s Code, 6120 of any U n i t e d S t a t e s a p p l i c a t l o n t s ) l i s t e d below and, i n s o f a r as t h e s u b j e c t m a t t e r o f each of t h e c l a i m s o f t h i s a p p l i c a t i o n I s n o t d i s c l o s e d i n t h e p r i o r U n i t e a S t a t e s a p p l l c a t l o n I n t h e manner p r o v i d e d by t h e f i r s t paragraph o f T i t l e 35, U n i t e d S t a t e s Code, $112, I acknowledge t h e d u t y t o d i s c l o s e m a t e r i a l I n f o r m a t i o n as d e f i n e d i n T i t l e 3 1 , Code o f Federal R e g u l a t i o n s ,

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APBU-00000172

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 18 of 50

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rjl .56(a) which occurred between t h e f i I ing date. o f the p r i o r appl i c a t l o n and t h e n a t i o n a l ' or PCT i n t e r n a t i o n a l f i l i n g date of t h i s a p p l i c a t i o n :
07/289,776 ( S e r i a l No.) 12/27/88 ( F i l i n g Date) Pend i ng (Status-patented,

pending, abandoned)

I hereby a p p o i n t t h e f o i l o w i n g a t t o r n e y ( s 1 and/or agent(s) t o prosecute t h i s a p p l i c a t i o n and t o t r a n s a c t a l l business i n t h e P a t e n t and Trademark Dffice.connected t h e r e n i t h :

.Jj.+\
Alan H. MacPherson (24,623); Thomas S. MacDonald ( 1 7 , 7 7 4 ) ; Richard'Franki i n (19,128); Kenneth E. Leeds ( 05 & 3,$ Waiter J. MaddepJ:.,>~.,6@1); Nathan N.%lman (19&5,; Paul J. Wiiiik^rs (25,?_4P); B r i a n D. Ogonowsky (3!34)'$Pd I M Young (3&t51); David W. Heid Gideon Gimian : , 3 g _ 5 5 ) ; Guy W. Shoup (26,805); Stephen L. Malaska (32,655)1,Forrest E. Gunnison (32,699); and Norman K. K I ivans ... (33,0037'

(w,;

(- I _

-,e "-.

Address a l l telephone c a l l s t o Kenneth E. Leeds a t telephone no. [phone] Address a i I correspondence t%"\ Kenneth E. Leeds [y'ff SKJERYEN, MOW1LL, MacPHERSON,

,.?:'\ 25 METRO DRIVE,
,'i
:J'

FRANKLIN

a

FR~EL

SUITE 700 SAN JOSE, CALIFORNIA 95110

I hereby d e c i a r e t h a t a l l statements made h e r e i n of my own knowledge are t r u e and t h a t a i l st?tements made on i n f o r m a t i o n and b e l i e f are b e l i e v e d t o be true; and f u r t h e r t h a t ' t h e s e statements were made w i t h t h e knoqledge t h a t w l l l f u l f a l s e statements and t h e l i k e so.made are punishable by f l n e o r imprisonment, or both, under S e c t i o n 1001 o f T i t l e 18 of t h e United States Code and t h a t such w i l l f u l f a l s e statements may Jeopardize t h e v a l i d i t y o f t h e a p p l i c a t i o n or any

F u l l name o f s o l e o r f i r s t
Inventor's s i g n a t u r e

c

Residence Cave Creek, Arizona 0. ' States Post O f f i c e Address HC 0 4 , Box 10560, Cave Creek, Arizona 85331

y.1 2

Date C i t i zensh ip

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APBU-00000173

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 19 of 50

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Case 3:06-cv-00019-MHP

Document 76-5

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Page 21 of 50

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APBU-00000176

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 22 of 50

Audio Signal Source

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APBU-00000177

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 23 of 50

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APBU-00000178

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Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 25 of 50

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APBU-00000180

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 26 of 50

Print O f DrawlngAs Ori5inal F i l e d

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APBU-00000181

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 27 of 50

SK?,rtvL.,u, -3,MORRILL, MAcPHERSON, FRAF~RL,A u' FRIEL
2 5 METRO DRIVE. SUITE 7 0 0
6 0 , MONTOOMERV.

LAW OFFICES OF

sum

1800

SANJ o s e , CALIFORNIA 1 0 91 5
[phone]

SAN FRANCISCO, CALIFORNIA 84111
(416) eee-aaaJ

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TELLCOPILR: [phone]

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w x : SIOJJBZO~~
TCLSCOPILR: (408) Z B J - I Z J ~ 4 '

O u r Case Docket- No. .M-914 US

May 5, 1989 San J o s e

Commissioner of Patents and' Trademarks Washington, D. C. 20231

Transmitted herewith f o r f i l i n g is a p a t e n t a p p l i c a t i o n , a s follows: Inventor Title:
:

Richard A . Lang "AUDIO/VIDEO RECORDER/TRANSCEIVER"

Enclosed a l s o a r e :

4

/

Sheets of drawings:

__ (Formal )

XX

(Informal)

CLAIMS A FILED S

For

Number Filed

Number Extra

Rate

Basic Fee $370.00
$ 60.00

Total Claims 25 -20 5 x $12 = lndependen t Claims 6 -3 ; . 3 x $36 = Application contains one or more multiple dependent claims ( $ 55 t o t a l f e e ) Total Piling Fee:

$108.00 $ 538.00
0

-

Please make the following charges t o Deposit Account 19-2386:

-Fee

Xx

XX

Fee for f i l i n g the patent a p p l i c a t i o n in the amount of $ 538.00 for recording the Assignment i n the amount of $ 0 The Commissioner is hereby authorized t o charge any a d d i t i o n a l f e e s which may be required, or c r e d i t any overpayment t o Deposit Account 19-2386.

A Return Receipt Postcard and d u p l i c a t e copy of t h i s sheet a r e enclosed. m m ~ d s W wing dtwiled Wth the United StBteS IS I hemby ced'f~ postal Service as express mall in an d Trademarks.Washington. 0 . Express Mail Reeetpt No.

Reg. No. 30,566 Attorney for Applicant

Daldol Sitnature

CPM/tM-914

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APBU-00000182

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 28 of 50

i'

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PATENT APPLICATION S E R I A L NO.

07 a 7G;9 4

U.S. DEPARTMENT O F COMMERCE PATENT AND TRADEMARK O F F I C E F E E RECORD SHEET

,

APBU-00000183

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006.

;'

Page 29 of 50

\*

I

Address:

COMMISSIONER OF PATENTS AND TRADEMARK6 Washington, O.C. 20231

-I

SERIAL NUMBER

FILING DATE

FIRST N A M E 0 APPLICANT

KENNETH E + L E E D S

-

SKJER'JEN? M O R K I L L I MACPHERSONv FRANKLIN 8 FRIEL 23 METRO D R I V E , QTE 700 S A N J O S E ? C A 95110

J DATE

'

05 / 2 2 / c 9

000

MAILED:

NOTICE TO FILE MISSING PARTS OF APPLICATIONFILING DATE GRANTED
,

Afiling date has been granted to this application. However, the following parts are missing. fall missing parts are filed within the period set below, the total am nt owed by applicant as a large entity, 0 small entity (verified statement filed), is $ 1. 0 The statutory basic filing fee is: 0 missing:.O insufficient. Applicant as a 0 large entity, 0 small entity, must submit $ tocompletathe basic filing fee andMUSTALS0 SUBMIT THE SURCHARGE AS INDICATED BELOW. 2. 0 Additional claim fees of $ - a 0 large entity, 0 small entity, including any required as multiple dependent claim fee, are required. Applicant must submit. the additional claim fees or cancel the additional claims for which fees are due. NO SURCHARGE IS REQUIRED FOR THIS ITEM. 3. 0 The oath or declaration: 17 is missing. 0 does not cover items omitted at the time of execution. An oath or declaration in compliance with 37 CFR 1.63, identifying the application by the above Serial Number and Filing Date is required. A SURCHARGE MUST ALSO BE SUBMITTED AS INDICATED BELOW. 4. The oath or declaration does not identify the auulication to which it auulies. An oath or declaration in compliance with 37 CFR 1.63 -identifying the application byAhe above Serial Number and Filing Date% required A SURCHARGE MUST ALSO BE SUBMITIBD AS INDICATED BELOW. 5. $The signature to the oath or declaration is: 13 a reproduction; 0 by a person ' other than the inventor or a person CFR 1.42, 1.43, or 1.47. A properly signed oath or declaration in compliance with 37 CFR 1.63, identifying the application by the above Serial Number and Filing Date is required. A SURCHARGE MUST ALSO BE SUBMITTED AS INDICATED BELOW. 6. 0 The signature of the following joint inventor(s) is missing from the oath or deqlaration: Applicant(s) should provide, if possible a oath or declaration n signed by the omitted inventor(s), identifying this application by the above Serial Number and Filing Date. A SURCHARGE MUST ALSO B E SUBMITTED AS-INDICATED BEL0W. 7. 0 The application was filed in a language other than English. Applicant must file a verified English translation of the application and a fee of $26.00 under 37 CFR 1.17(k), unless this fee has already been paid NO SURCHARGE UNDER 37 CFR 1.16(e) IS REQUIRED FOR THIS ITEM, 8. A $20.00 processing fee is required for returned checks. (37CFR1.2l(m)). 9. 0 Your filing receipt was mailed in error because check was returned. 10. m o t h e r : A Serial Number and Filing Date have been assigned to this application. However, to avoid abandonment under 37 CFR 1.53(d), the missing parts and fees identified above in items 1 and 3-6 must be timely provided ALONG WITH T H E PAYMENT OF A SURCHARGE OF $110.00 for large entities or $55.00 for small entities who have filed a verified statement clnimine such.. - - .-. - ___ . ____ --status.-The surcharge is set forth in 37 CFR 1.16(e). Applicant is given ONE MONTH FROM T H E DATE OF T H I S LETTER, OR TWO MONTHS FROM T H E FILING DATE of this application, WHICHEVER IS LATER, within which to file all missinn Darts and uav anv fees. Extensions of time may be obtained by. filing a petition accompanied b; ihe extension fee under the provisions of 37 CFR 1.136(a). Direct the response to, and any questions about, this notice to the undersigned, Attention: Application Branch.

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A copy of this notice ilfUST be returned with response.
For Office Use Only

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OFFICE COPY
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APBU-00000184

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 30 of 50

CPO/M-914-DEC

/

PATENT

I

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

San Jose, California June 13, 1989 COMMISSIONER OF PATENTS AND TRADEMARKS Washington, D. C. 20231 Dear Sir: RESPONSE TO NOTICE TO FILE MISSING PARTS OF APPLICATZON On May 26, 1989, Applicant received a "Notice to File Missing Parts of Application
U.S.

-

Filing Date Granted'' from the

Patent and Trademark Office (copy enclosed), instructing

Applicant to file ag oath or a declaration in the U.B. Patent and Trademark Office. Attached hereto is a Declaration For Patent Application s,igned by Applicant. Also attached is an Independent

Inventor's Declaration signed by Applicant. The Commissioner is respectfully requested to deduct the sum of $60.00 from deposit account 19-2386, and any other sums required for this Application. If the Application Branch has any questions regarding this matter, please contact the undersigned attorney at (408)

N 101

283-1222. 06/21/89 347629

19-2386

010 205

60.00CH

.

IMcert# I'ostal senita
19
J-Le
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htex?
3 Date of Sbab

ke m bmadrpoafbcd with t b United strdst

Respectfully submitted, Kenneth E. Leeds Attorney for Applicants Registration Number 30,566

b h tl & al

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L" *

lI..lLlES

- j:r;~;;--Y?

BKJERVEN. MORRILL. MACPHERJON. FRANKLIN
6. FRlEL

APBU-00000185

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 31 of 50

PATENT

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicant: Title: SeriaL No.: Richard Lang "AUDIO/VIDEO RECORDER/TRANSCEIVER" 07/347,'629 M-914
US

Filed:

05/05/89

Attorney Docket No.:

Sari Jose, California June 13, 1989

COMMISSIONER OF PATENTS AND TRADEMARKS .Washington, D. C. 20231 Dear Sir: RESPONSE TO NOTICE TO FILE MISSING PARTS OF APPLICATION On May 26, 1989, Applicant received a "Notice to File Missing Parts of Application - Filing Date Granted" from the

U.S. Patent and Trademark Office (copy enclosed), ins'tructing
Applicant to file an oath or a declaration in the U.S. Patent and Trademark Office. Attached hereto is a Declaration For Patent Application signed by Applicant. Also attached is an Independent

Inventor's Declaration signed by Applicant. The Commissioner is respectfully requested to deduct the sum of $60.00 from deposit account 19-2386, and any other sums required for this Application. If the Application Branch has any questions regarding this matter, please contact the undersigned attorney at [phone].

Respectfully submitted,

/& &+ k

-L?ld

Kenneth E. Leeds Attorney for Applicants Registration Number 30,566

I

APBU-00000186

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 32 of 50

..,.

Docket No.:

M-914 US

DECLARATION FOR PATENT APPLICATION

As u below named i n v e n t o r ,

I hereby d e c i a r e t h a t :

My r e s l d e n c e . p o s t o f f i c e address and c i t i z e n s h i p a r e as s t a t e d below n e x t t o my name.

I b e l i e v e I am t h e o r i g i n a l , f i r s t and s o l e i n v e n t o r ( i f o n l y one name i s i l s t e d below) o r an o r i g i n a l , f i r s t and j o i n t i n v e n t o r ( i f p l u r a l names a r e l i s t e d below) of t h e s u b j e c t m a t t e r which i s cialmed and f o r which a p a t e n t i s sought on t h e i n v e n t i o n e n t i t l e d "AUOiO/VIDEO RECORDER/TRANSCEIVER" t h e s p e c l f l c a t i o n o f whlch
(check one)

I I i s attached hereto. I X X I was f l l e d
1989 as A p p l i c a t i o n S e r l a l No. and was amended 07/347,629

on

May 5,

on

( i f applicable). including

I hereby s t a t e t h a t I have reviewed and understand t h e c o n t e n t s of t h e above i d e n t i f i e d s p e c i t i c a t l o n , t h e c i a l m s , as amended by any amendment r e f e r r e d t o above.

I acknowledge t h e d u t y to d i s c l o s e i n f o r m a t i o n which i s m a t e r i a l t o t h e examination o f t h i s a p p l i c a t i o n i n accordance w i t h T i t l e 37, code o f Federal Regulations, §1.56(a).

I hereby c l a i m f o r e i g n p r i o r i t y b e n e f l t s under T i t l e 35, U n i t e d S t a t e s Code, $119 o f any f o r e i g n a p p l i c a t i o n ( s ) for p a t e n t or i n v e n t o r ' s c e r t i f i c a t e I l s f e d below and have a l s o i d e n t i f l e d below any f o r e i g n a p p i i c a t l o n f o r p a t e n t or i n v e n t o r ' s c e r t l f l c a t e having a f i l i n g date b e t o r e t h a t o f t h e a p p i l c a t i o n on which p r l o r i t y i s
claimed: P r i o r Foreign Appiication(s) n/a (Number)

(Country)

(Day/Month/Year

Filed)

I hereby c l a i m t h e b e n e f i t under t i t l e 35, U n i t e d S t a t e s Code, 5120 o f any U n i t e d S t a t e s a p p l I c a t l o n ( 5 ) l i s t e d below and, i n s o f a r as t h e s u b j e c t m a t t e r of each o f t h e c l a i m s o f t h i s a p p i l c a t i o n i s n o t d i s c l o s e d i n t h e p r l o r U n i t e d S t a t e s a p p l i c a t i o n In t h e manner p r o v l d e d by t h e f i r s t paragraph o f T i t l e 35, U n i t e d S t a t e s Code, $112, I acknowledge t h e d u t y t o d i s c l o s e m a t e r i a l i n f o r m a t i o n as d e f i n e d i n T i t l e 37, Code of Federal R e g u l a t i o n s ,

APBU-00000187

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 33 of 50

§\.56(a) which occurred between the filing date o this application: f
07/289,776

filing

date of the prior appllcatlon and the natlonai or PCT inte'rnatlonal

[Serial No.)

12/27/08 Pending (Filing Date) (Status-patented, pending, abandoned)

I hereby appoint the f o l l o w i n g attorney(s) and/or agent(s) to prosecute this application and to transact all business i n the Patent and Trademark Office connected therewith:

--

Alan H . MacPherson (Z'Zm; Thomas S . MacDonaid ( k 7 m ; Richard Frank1 I n \l - Qj Kenneth E. Leeds ,&, 9 (30,566); Wa ter J . Madden, Jr., Nathan N. Kallman Paul J. Winters Brian D. Ogonod&&U8]; Edel M. Young G&!j&; David W. Heid Gideon Gimian (LL,Xi.Z~; Guy W. Shoup (5, -1; Stephen L. Maiaska Forrest E. Gunnison Gd,&X.; and Norman K. Klivans

3498

(I&fjc?j

(m
(&; &a

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[a&@;

Address ail telephone calls to Kenneth E . Leeds at telephoqe no [phone] Address al I correspondence `t&j] Kenneth E. Leeds hdd-SKJERVEN, MORRi LL, MacPHERSON,

FRANKLIN F R ~ E L & $<>k 25 METRO ORIYE, SUITE 700
?%N #A
JOSE,

CALIFORNIA 95110

f hereby deciare that ail statements made herein o my own knowledge are true and that ail statements made on information and bellef .are belleved to be true; and further that these statements were made with the knowledge that willful false statements and the itke so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that such willful false slatements may Jeopardize the ssued thereon. validity of the application or an
1

Full name of sole or Inventor`s Residence Post OffiC

ate 6 / . ( / g 9 itizensh'lp `United States

APBU-00000188

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 34 of 50

CP

M914-PT04

PATENT

@Z&

#3

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicant: Serial No: Title: Docket No.: Richard Lang 07/347,629 Date Filed: May 5, 1989

"AUDIO/VIDEO RECORDER/TRANSCEIVER" M-914 US

INDEPENDENT INVENTOR'S DECLARATION Dear Sir: The undersigned Applicant for the above application hereby states in accordance with 37 CFR Sections 1.9 and 1.27 that he is an independent inventor who has not assigned, granted, conveyed or licensed, and who is under no obligation under contract or law to assign, grant, convey, or license, any rights in the invention described in the above application to any person who could not likewise be classified as an independent inventor if that person had made the invention, o r to any concern who would not qualify as a Small Business Concern or a non-profit organization under 37 CFR Seation 1.9
tc) *

I hereby declare that all statements made herein of my own knowledge ate 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 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 and that such willful false statements may jeopardize the validity oE the application or any patent issued thereon.

Respectfully submitted,

Richard A. Lang Address: 2 9 2 0 9 N. 56th St. Cave Creek, Arizona 85331

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APBU-00000189

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 35 of 50

PATENT
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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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Apglicant: Title: .Serial No.:

Richard Lang

..
Filed:

RECEIVED
05/05/89
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"Audio/Video Recorder/Transceiver" 07/347,629

AUI; 0 ? 1909

Attorney Docket No.:

GROUP 230 ............................................................... . .
M-914 US

. .. .

San Jose, California June 13, 1989 COMMISSIONER OF PATENTS AND TRADEMARKS Washington, D. C. 20231 Attention: Refund Section Accounting Division, Office of Finance REQUEST FOR REFUND RE SMALL ENTITY STATUS Dear Sir:
~. ..

RECEIVED
jttc

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c.

WJXJ

GROUP 230

Enclosed is a copy of an Independent Inventor's Declaration indicating that Applicant qualifies as an independent inventor under 36 C.F.R. Sections 1.9 and 1.27. The original Independent Inventor's Declaration is cdncurrently being submitted to the Examiner in the above-identified application. In accordance with the Applicant's transmittal letter which accompanied the above-mentioned patent application (copy enclosed), Applicant requested that a $370.00 basic fee, plus $168.00 for extra total claims be charged to Deposit Account No. 19-2386. Accordingly, Applicant respectfully requests that the amount of $269.00 (one half of the basic fee and one half of the extra claim fee) be refunded to Deposit Account No. 19-2386, as provided by the Manual of Patent Examining Procedures Section 509.03 and by the Official Gazette Notices published October 26, 1982 at 1023 O.G. 77 and February 15, 1983 at 1027 O.G. 115 as attached hereto.

LAW 111,0111 a .

SKJERVEN, MORRILL. HACPHERSON. FRANKLIN 6 FRIEL
2s U E T l O O R W E
B"IT6 700 6 A N JOSE. CA 011!0

(4oa) 285.1222

. ...

APBU-00000190

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 36 of 50

PATENT

If there are any questions regarding this refund,
Applicant respectfully requests the Patent Office ,personnel to
.

.- .

telephone Applicant`s attorney at [phone].

Respectfully submitted,

Kenneth E. Leeds Attorney for Applicant Registration No. 30,566

APBU-00000191

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 37 of 50

1

f f i c i a l G a z e t t e Notice p u b l i s h e d O c t o b e r 2 6

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F i l I n g O f V c r i f i c d S t a t e m c n z s Claiming Small E n z i t s Sts.tus

In view of t h e f a c t t h a t t h e rule5 inplerncntinq t h e d c f i n i t i a n of
m a l l b w i n c s s concern vera n o t p u b l i s h e d i n t h e i c d a r a l R e g i i t e r u n t i l September 30, 1 9 8 2 , any v e r r f i e d s t a t o m c n t c l a i m i n g small

7
8 9

e n t i t y s t a t u s will ba a c c e p t e d a s t i m e l y f i l e d i f 111 t h e f i r s t fee i n a p a t e n t a p p l i c a t i o n h a s been p a i d on or afror October I . 1982. b u t before February 2 1 , 1 9 8 3 , i n t h e a r o u n t e s t a b l i s h e d f o r
a

"on-small e n t i t y and 121 such v e r i f i e d S t a t e m e n t i s f i l e d

w i t h l n 3 rnoncha of t h e d a r e of payment of t h c f i r s t f e u I n a p a t e n t a p p l i c a t i o n p a i d on or a f t e r OCLObec 1, 1982, bUC b e f o r e

10

February 27. 1983.

I

..I f

such a v e r i f i e d s t a t e m e n t is timely f i l e d

11
12

w i t h i n t h r c c months of t h e d a t e of payment of t h e SIrst f e e p a i d
on

or a f t e r O c t o b e r 1, 1982, b u t before F c b r u a r y 27. 1983, t h e

s t a t e n e n t w i l l b e t r e a t e d a s Chough it wnre presenc on t h e d a t e t h e fee was p a i d . d e t e r m i n e d and any The ~ o r r e c famount of t h e f e e VI11 b e
~ X C E S Sw

i l l be r e f u n d e d upon r e q u e h t .

Section

1.28ta) o f 37 CFR

ib

waived u n t i l F e b r u a r y 27. 1983 t o t h e e l t e n t

i t is i n c o n r r i i t c n t w i t h t h i s p r a c t i c e .

M - /G6 %
Date

Donald J . < u w g

' /
L

Acting C o m i s s i a n e r of P a t e n t s

Trademark.

1011 oa 77

. -.

B:

I f f i c i a l G a z e t t e N o t i c e p u b l i s h e d F e b r u a r y 15, 1983:
2(

2:
2:
2:
2 1

Requirement for Fillna of Verified Statemenlr Claiming Small Entity Status The purpose or this notice i to supplement the notice i publishcd Oct. 26. 1982 at 1023 O.G. 77, cniiilcd "Filing of Vcrificd Statements Claiming Small Entity Status"

.

2! 2 1

2'
2

2

and to cxicnd the practice contained therein beyond Feb. 27. 1983. pending conridcration by the Patcnt and Trademark Office of thc feuibilily of implcmcnling via the rulemaking process. a practice similar to that YI forth i n rhc noticc. T h e notice published Oct. 16, 1982 provides i n p u r . . that any vcrified statcmcnt claiming small cniily rwtus w i l l be acccpicd as timely filed i f ( I ) the first fcc i n a patent application has been paid on or aftcr Ocl. l. 1982. but before Pcb. 27. 1983. i n thc amount cstablishcd for a non-small cntity and (2) such venlicd statcmcnl is filed within thrcc months of the date of payment of thc first Tce. The practice is hcreby crtcnded to a first fee paid after Fcb. 27, 1983. Unrll funher notice. i f a vcnilcd swicmcnt i s filed within three months of the date of paymcnt or thc first fee paid altcr Fcb. 27, 1983. thc slatemcnt w i l l be treated as lhoueh i t wcrc prcscnt on the dntc the fce was paid. T h e corrccf amount of thc fee will bc dctcrmincd and any CSCCSS w i l l bc rcfundcd upon Rcqucrt for refunds. alonp with' the vcrilicd rwie. mcnis. should be addrcsrcd 10 the Commissioncr or' pa. tcnts and Tradcmirks. \Vashingion. D.C. 20231. and di. rccicd to the atlcnilon o i the Rcfund S=tion Accounting Division. OIfiCc o i Finance. Such rcqucrd should rcicr to this noticc. T h e practicc prcscntly In eiTect i S hereby cslcndcd unt i l lurther notice. Thc CxiCnsion *ill providc applicmlr additional time pursuant 10 this notice and prowde the Ofice ihc ttmc to consldcr the feasibility o l a posiblc r u l c change. D O N A L D I. QUIGG. rlrrtnq Commrr,ronrr Of Jan. 20. 1983. Palenis nnd T i a d m o r k

.

.

1.

rcqucsr.

APBU-00000192

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 38 of 50

@PC&

&/

914 -REF

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicant: Title: Serial No.: Richard Lang "Audio/Video Recorder/Transceiver" 07/347,629 M-914 US Filed: 05/05/89

Attorney Docket No.:

San Jose, California June 13, 1989 COMMISSIONER OF PATENTS AND TRADEMARKS Washington, D. C. 20231 Attention: Refund Section Accounting Division, Office of Finance REQUEST FOR REFUND RE SMALL ENTITY, STATUS Dear Sir: Enclosed is a copy of an Independent Inventor's Declaration indicating that Applicant qualifies as an independent inventor under 36 C.F.R. Sections 1.9 and 1.27. The original Independent Inventor's Declaration is concurrently being submitted to the Examiner in the above-identified application. In accordance with the Applicant's transmittal

letter which accompanied the above-mentioned patent application (copy enclosed), Applicant requested that a $370.00 basic fee, plus $168.00 for extra total claims be charged to Deposit Account No. 19-2386. Accordingly, Applicant respectfully

requests that the amount of $269.00 (one half of the basic fee and one half of the extra claim fee) be refunded to Deposit Account No. 19-2386, as provided by the Manual of Patent Examining Procedures Section 509.03 and by the Official Gazette Notices published October 26, 1982 at 1023 O.G. 77 and February
15, 1983 at 1027 O.G. 115 as attached hereto.

APBU-00000193

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 39 of 50

CPO/M-914-REF

PATENT

IL there are any questions regarding this refund,

Applicant respectfully requests the Patent Office personnel to telephone Applicant's attorney at [phone].

Respectfully submitted,

Kenneth E. Leeds Attorney for Applicant Registration No. 30,566

APBU-00000194

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 40 of 50

E f i c i a l Gazette Notice published October 2 6 ,

1382:

O f f i c i a l Gazette Notice

F i l i n q Of vcrificd S t a t e m e n t s ClAiminq m a l l E n t i t y S t a t u s

In v i c v of t h e tact t h a t t h e rules i n p l e m c n t i n q t h e d e f i n i t i o n of

Small b u s i n e s s concern v c r c n o t published i n t h e F e d e r a l R e g i s t e r u n t i l September 3 0 . 1982. any v e r i f i e d s t a c c m e n t claiminq small

7

e n t l t y siratus w i l l b e accepted a s t i m c l y filed i f Ill t h e f l r e t
fee In a Q a L c n t aQQliEati0,n h a s been p a l d
On Or

a
9

a f t o r October I.

1982. b u t b e f o r e F e b r u a r y 2 1 . 1983, In t h o amount o s t a b l i s h e d fox'
6

nan-small c n t I r y and 12) such vcrIfied s t a t e m e n t Is f i l e d

w i t h i n 3 month% of t h e d a t e of payment of t h o f i r s t fee I n a p a r e n t a p p l i c s t I o n p a i d on or a f t e r October 1, 1982. buC b e f o r e F e b r u a r y 27. 1981;.3f such a v a r i f l c d s t a t e m e n t Is fisaly f l l e d

I C
1 :

w i t h i n t h r e e montha of t h e date of payment o f t h e f i r s t f e e paid
on or a l t a r O c t o b e r 1. 1982, b u t b e f o r e Fobruary 2 1 , 1 9 8 1 , t h e

1 :
1 :

s t a t e m e n t will b e trcaced as thouqh it wcrc p r e s e n t on t h e d a t e t h e f e e w a s paid. Thc C o r r e c t amount o f t h e i f c e will b e Section

dccfrmined and any excess will b e r e f u n d e d upon r e q u e s t .
1.28ts)

of 37 CFR Is waived u n t l l F e b r u a r y 2 7 ,

1983 to t h e extent

1 1
l!
. .

i t i s Inconaistcnt w i t h t h i s practice.

1 r
1'
....

1:
1'
2'
I f f i c i a l G a z e t t e N o t i c e p u b l i s h e d February 1 5 , 1 9 8 3 :

2
2

Requirement for Flllna of Verified Statbmenu Clnimlng

Small Entity Status

2

2
2 2

3

3

3

The purposc of this noticc is to supplcmcni thc notice pcblishcd OCt. 26, 1982 a i 1023 O.G.77. entitled "Filing of Verified Statements Claiming Small Entity Status" and to cxlcnd the practice contained therein beyond Fcb. 27. 1983. pcnding consideration b y rhc Parent and Trademark OIfice o f the fcasibilicy of implcmcnttnp, via the rulemaking proccss. a practicc similar to that ~t forth in the notice. The notice publishcd Oct. 26. 1982 provldcs in part. that any vcrificd stalcmcnt chiming small cntity L U ~ I L I w i l l bc acccptcd as timcly filcd i f ( I ) the first fcc i n a patcni application has bccn paid on or after Ocl. l. 1982. but before Fcb. 27. 1983, in thc amount established for a non-small cntiiy and (2) such vcnficd statcmcnt is filed within threc months of thc dare of payment of thc first k c . l-hc practice is hercby cxtcndcd to a first fec paid aftcr Fcb. 27. 1983. Until further notice. if a vcnficd sutcmcnt is filed within thrce months of thc date of payment of thc first fcc paid after Fcb. 27, 1983. the sutcmen1 wl be trcarcd as though i t were prcscnt on the il date the fcc was paid. The corrcct amount of ihc fcc w i l l bc detcrmincd and any cxccss w i l l bc rcfundcd upon rcques1. Rcqucrt TO1 refunds. alone with the verified state. mcnts. should be addrcscd to the Commissioner of Pa. tents and Trademarks. \'.'3shinpion. D.C. 20231. and di. rcctcd 10 the LiIcntIOn oi the Rcfund Section Accounting Division. Officc o!' Finance. Such rcqu& should rcicr,lo this noticc. Thc practicc PrcSCnllY In CiFccl i s hcrcby cxlcnded until further nolice. T h e cstcnston will provide applicUlu add$lionai limc pursuanl to this nolicc and provldc Omcc the limc to conridcr the fcasibility of a poslblc NIC change. DONALD 1. QUlGO.
Jan. 20. 1983. Acrmg Commrsrronrr of Porcnrr and Trodrmwkr

APBU-00000195

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 41 of 50

PATENT

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicant: Title: Serial No.: Richard Lang "Audio/Video Recorder/Transceiver" 07/347,629 M-914 Filed: 05/05/89

Attorney Docket No.:

...............................................................
San Jose, California June 13, 1989

us

COMMISSIONER OF PATENTS AND TRADEMARKS Washington, D. C. 20231 Attention: Refund Section Accounting Division, Office of Finance REQUEST FOR REFUND RE SMALL ENTITY STATUS Dear Sir: Enclosed is a copy of an Independent Inventor's Declaration indicating that Applicant qualifies as an independent inventor under 36 C.F.R. Sections 1.9 and 1.27. The original Independent Inventor's Declaration is concurrently being submitted to the Examiner in the above-identified application. In accordance with the Applicant's transmittal

letter which accompanied the above-mentioned patent application (copy enclosed), Applicant requested that a $370.00 basic fee, plus $168.00 for extra total claims be charged to Deposit Account No. 19-2386. Accordingly, Applicant respectEully

requests that the amount of $269.00 (one half of the basic fee and one half of the extra claim fee) be refunded to Deposit Account No. 19-2386, as provided by the Manual of Patent Examining Procedures Section 509.03 and by the Official Gazette Notices published October 26, 1982 at 1023 O.G. 77 and February 15, 1983 at 1027 O.G. 115 as attached hereto.

APBU-00000196

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 42 of 50

PATENT

If there are any questions regarding this refund, Applicant respectfully requests the Patent Off ice personnel to telephone Applicant's attorney at [phone].

Respectfully submitted,

/&LL@7

f

&( p

Kenneth E. Leeds Attorney for Applicant Registration No. 30,566

-" . -

....I

APBU-00000197

Case 3:06-cv-00019-MHP

Document 76-5

Filed 12/09/2006

Page 43 of 50

1

f f i c i a l Gazette Notice p u b l i s h e d October 2 6 , 1 9 8 2 :
I.

2
3
O f f i c i a l Gazette Notic0 F i l i n q O f V c r i f i c d Statemcnts Claiming small E n t i t y

.

4

Status

5

f n view of t h e f a c t t h a t t h e rules inplementinq t h e d e f i n i t i o n of
small businoss concern wcce n o t published in t h e Federal Register

6
7

u n t l l + e p t e m b e r 10, 1 9 8 2 , any v e r i f i e d Statement slaiminq small e n t i t y s t a t u s will be accepted as t i m e l y f i l e d if I l l t h e f i r s t fee i n
a

p a t e n t a p p l i c a t i o n has been paid on or a f t e r October 1,

8
9

1982, b u t b e f o r 6 February 21, 1983, In t h e amount e s t a b l i s h e d tor
a

..

" o n - m a l l c n t l c y and 1 2 ) such V e r i f i e d statement is t i l e d

within 1 months of t h e d a t e of payment Of t h e f l r l t f e e i n a p a t e n t a p p l i c a t i o n p a i d on or a f t e r October 1. 1 9 8 2 , b u t b e f o r e February 27,

10

.1983.

I

,

.

If

such a v e r i t l e d . sCaCemenC 1s CimelY t i l e d .

11

w i t h i n t h r e e month¶ o f t h e d a t e of payment a t t h e f i r s t f e e paid
on or a f L c T October

1, 1982, but b a f o r c rcbruary 27. 1983, the
a8

-

12

s t a t e n e n t will bc t r c a t e d the fee
was

though it wore p r e s e n t on t h e d a t e
Section

paid.

The c o r r ~ c c amount of tho fee will bo

13
14 15
,..

derermlned and any o x c e i e will be refunded upon request.
i t l a inconaistcnt w i t h t h i s p r a c t i c e .

1.28lal of 37 CFR is waived u n t i l February 27, 1983 t o t h e extent

,

16

/V-/S*&A
Date Donald J .
<ULW

/ '
1011 0 0 7 1

17
18

Accinq c o r n i s r i m e r of P a t e n t s c Trademarks

19
2c

I f f i c i a l Gazette Notice p u b l i s h e d February 1 5 , 1 9 8 3 :

21
22

Requirement for Filing of Verified Statlmenb ClPImlng Small Entity Status T h e purpose of this notice is to supplement the notice published Oct. 26, 1982 a t 1023 O.G. 77, entirlcd "filing o f Verified Statements Claiming Small Entity Status" and to extend the practice containcd therein beyond Fcb. 27, 1983. pending Consideration by the Patent and Trademark Office of the feasibility of implcmenting via the rulcmaking process, a practice similar to that set forth in the nottcc. The notice published Oct. 2b. 1982 provides in p m , that any vcrified statement claiming small entity s t a t u will b e accepted as Iimcly tiled if ( I ) the first fee in a patent application has been paid on or after Oct. l, 1982. but before Peb. 27, 1983. in the amount establishcd for a non-small entity and (2) such verified statement is filed . within ihrcc months of the date of payment of the first fee. The practice is hereby extended to a first fee paid aftcr Feb. 27, 1983. Until funhcr notice, if a verified statement is filcd within rhree months of the date o i p a y mcnt of the first fee paid after Fcb. 27. 1983. the statcment will be treated as thoush it were present on the date the fec was paid. T h e c o n e c t amount of the fee will be determincd and any excess will bc refunded upon mcnts. should bc addressed to the Commissioner of Patents and Tradcmarks. \Vashington. D.C. 20231. and directed to the attcntion o i the Refund Scction Accounting Division, Olficc o i Finance. Such rcqu& should rcicr to this notice. T h e practice prescntly in eifcct iS hereby extedded un. til further notice. T h e eatcniion will providc applicmu additional time pursuant to ihis notice and provldc t h e OtXcc the time Io consider the feasibility of a poutble rule change. Jan. 20. 1983.

2 :
24
'.

2 :
2t
2;

.

. ,.

2 E
2 5

t

.

request. Rcquert for refunds. along with' the verified sotc-

3[
3:

3;

DONALD I. QUIGG. Acrmg Commrr,ronrr of

POtenls nnd Tmdrmnrk

APBU-00000198

Case 3:06-cv-00019-MHP
,

Document 76-5
/

Filed 12/09/2006
-?

\

-

Page 44 of 50
OF C O M M E R C E

Patent and Trademark Offica Address COMMISSIONER OF PATENTS AND TRADEMARKS
Washington, 0 C 20231 SERIAL NUMBER FILING DATE FIRST NAMED APPLICANT

UNITED STATES DEPARTMENT

1
i:c

ATTORNEY DOCKET NO,

I

07i847 Y 625'

G!Li/O!?W?

i..hNG

MY:I.%JEi

I

D A T E MAILED:
Thlr 1 II Communlcatlon from the examfnwr In charga of>our aPPiIcation s
COMMISSIONER OF PATENTS A N D
I

:I. 2/'06/&19

TRADEMARKS

7

,&his

application has been examined

&esponsive

to communication filed on

be/?@@ C ] T h i s

action is made final.

A shortened statutory period for response to this action is set to expire?&?month(s). Failure to respond within the period for response w l l l cause the application to become abandoned.

days from the date of this letter. 35 U S C 133 ...

Part I

L
3.

m i c e o f References Clted by Examiner, PTO-992. Notice of Art Clted by Applicant, PTO-1449

5 [z1 Information on How to Effect Drawing Changes, PTO-1474 .
?-Tart
I1

0

T H E FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION: 2.

-

W

4.

6.

0 Notice of Informal Patent Application, 0

c

e re Patent Orawing, PT