Motorola Mobility, Inc. v. Apple, Inc.

Filing 93

Defendant's MOTION Defendant and Counterclaim-Plaintiff Apple Inc.'s Claim Construction Brief by Apple, Inc.. (Attachments: # 1 Declaration of Christine Saunders Haskett, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20)(Pace, Christopher)

EXHIBIT 14

ATTORNEY DOCKr:T NO. P
IN THE UNITED STATES PATENT AND TRADEMARK
/

Applicants: DeLuca, et aI.
Application No.: 08/672,004

Group Art Unit: 2735

Filed: June 24, 1996

Examiner: E. Merz

For: Method and Apparatus for Controlling Utilization of a Process Added
to a Portable Communication Device

I HEREBY CERTIFY mAT THIS CORRESPONDENCE IS
BEING DEPOSITED WITH mE UNITED STATES POSTAL
SERVICE AS FIRST CLASS MAIL, POSTAGE PREPAID, IN
AN ENVELOPE ADDRESSED TO:
ASSISTANT COMMISSIONER FOR PATENTS
Ay~t 13.1998
WASHINGTON, D.C. 20231, ON:
Date of Deposit

Assistant Commissioner for Patents
Washington, D.C. 20231
Sir:
In response to the Office Action dated May 20, 1998, please amend
the application as follows:
IN THE CLAIMS
Please cancel claims 21, 23, 24, 27 and 28 without prejudicr~
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737FH124

ATTORNEY DOCKt:T NO. PT01678UPOI

Please amend claim 29 as follows:
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[The portable communication device of cla'

Claim 31, line 3, replace "polynomial generator" with -secure
ploynomial-.

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737FH125

ATTORNEY DOCKET NO. PT01678UP01
Remarks
The rejection of claims 21, 23, 24, 27 and 28 has been rendered moot in
light of the cancellation of those claims. Claim 29 has been made
independent, incorporating all the limitations of the base claim~ claim 27.
Reconsideration of the rejection of claims 22, 25, 26, 29, 30 and 31 under 35
U.s.c. §103(a) as being unpatentable over McGregor et al., (5,577,100), is
respectfully requested in light of the amendment to claims 29 and 31, and for
the following reasons.
The mobile phone system of McGregor et al., lacks"a request receiver
element coupled to the processor for receiving a request from the portable
portion, the request comprising at least a software name, a secure checksum
and an address identifying the portable portion", as recited in the third
element of daim 22 at lines 7 - 9. In particular, neither the mobile phone 30 of
McGregor nor the mobile phone 30a of McGregor makes a request of the
central processing unit 14 of McGregor comprising a secure checksum.
Furthermore, McGregor fails to disclose a request comprising "a size of the
software, and in which the secure checksum is a secure cyclic redundancy
check of the software for which the portable portion is requesting
authorization", as recited in claim 25. Also, McGregor does not teach an
apparatus 112.at a fixed portion 102 of a communication system that "uses a
secure polynomial stored in the memory (228) of the apparatus (112) to
calculate the secure cyclic redundancy check", as recited in claim 26. In
particular, the central processing unit 14 of McGregor does not use a se.cure
polynomial to calculate a secure cyclic redundancy check. In fact, McGregor
does not teach anything about calculating a secure cyclic redundancy check.
Finally, the mobile phones 'of McGregor do not generate a secure cyclic
redundancy check by using a polynomial generator stored in the memory of
the mobile phone. In particular, McGregor does not teach that which is
claimed in claim 31, "in which the secure cyclic redundancy check is generated
by the portable communication device (112) by using a secure polynomial
(311) stored in the memory (310) of the portable communication device".
Accordingly, it is believed that the rejection of claims 22, 25, 26, 29, 30 and
31 under 35 U.s.c. §103 has been overcome by the remarks.
The remaining cited references have been reviewed and are not believed
to affect the patentability of the claims as amended.
The Commissioner is hereby authorized to charge any fees which may be
required or credit any overpayment to deposit account # 13-4778.

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737FH126

AITORNEY DOCKET NO. PT01678UPOI
In view of the above, it is submitted that the claims are in condition for
allowance. Reconsideration of the rejections is requested. However, should
the Examiner disagree with applicant's attorney in any respect, it is
respectfully requested that the Examiner telephone applicant's attorney in an
effort to resolve such differences.

Respectfully submitted,
DeLuca et al.

MOTOROLA, INC.
Intellectual Property Department
1500 Gateway Boulevard, MS 96
Boynton Beach, Florida 33426-8292

Michael Zazzara
Attorney for Ap
Reg. No. 35,743
Tel. [phone]
FAX [phone]

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737FH127