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 17

PA-9f"1!H1to,;LT

(::"

AND TRADEMARK OFFICE
EXAMINER: E. Merz
ART UNIT:

FILED:

2735

CASE NO.: PT01678UPOI
\

APPLICATION:

METHOD AND APPARATUS FOR CONTROLLING
UTILIZATION OF A PROCESS ADDED TO A PORTABLE
COMMUNICATION DEVICE
Motorola, Inc.
IP Law Department-MS96
1500 Gateway Blvd.
Boynton Beach, FL 33426
November 9, 1998

I HEREBY CERTIFY mAT THIS CORRESPONDENCE IS BEING
DEPOSITED WITH THE UNITED STATES POSTAL SERVICE AS FIRST
CLASS MAIL IN AN ENVELOPE ADDRESSED TO;
ASSISTANT COMMISSIONER OF PATENTS,
WASHINGTON, D.C. 20231, ON; November 9.1998
Date of Deposit

Michael Zazzara
Name of Applicant, Assignee or Registered Representative

~~
SIGNATURE

IL-'l-98
DATE

AMENDMENT AFTER NOTICE OF ALLOWANCE
BUT BEFORE ISSUE FEE PAID, PURSUANT TO 37 C.F.R. §1.312(a)
Assistant Commissioner for Patents
Washington, D.C. 20231
Dear Sir:
Applicants request that the Primary Examiner recommend to the
Commissioner that the Amendment set forth herein, filed before the payment of
the issue fee, be entered on the record without withdrawing the case from issue.
Please amend the application as follows:

IN THE ORAWINGS
Delete FIGS. 8 - 13 on sheets 8 - 10

737FH140

INTHETITL/
Page I, line 1,~e "METHOD AND"
Page I, line 2, Change "A PROCESS" to -SOFTWAREIN THE INTRODUCTORY PARAGRAPH

_

~o::::_--===...:.:..:::..:.::.:....::~..:....:..-

IN THE BAC7UND
Page 1, line 19, change "which" to -thatPage I, line

2~ange "improvements" to -improvements,-

IN THE BRIEF

DES~TION

OF TrRAWINGS

Delete page 3, line 35 to page 4, line 7
IN THE SUMMARY OF THE INVENTION

/

Delete the entire Summary of the Invention from Page 2, line 4 to page 3, line 11
IN THE DESCRIy:rION OF THE PREFERRED EMBODIMENT
Page 4, line
Page 4, line

~rnge "Administrator!" to -Administrator!TM-

26'7ge

Page 4, line 22,

ch~ge

"Conducto'!'·" to

-Condu,to,!~

"Orchestra!" to -RF-Orchestra!TM-

Page 4, line 27ange "RF-Audience!TM" to -RF-Audience!®Page 5, line 33, z g e "al." to -al.,-

Page 21, line 157r "Note" insert -thatPage 21, line 16, chanr'messaging" to7 ' aging,Delete page 25, line 13rage 29, line 14
Delete page 29, line 3syete "In additi7he"
Delete page 29, line 36 to page 3D, line 3
2

737FH141

IN THE ABSTRACT
Replace the entire Abstract, page 38, lines 1 - 15, with the following:
-APPARATUS FOR CONTROLLING UTILIZATION OF
SOFTWARE ADDED TO A PORTABLE COMMUNICATION DEVICE
Abstract of the Disclosure
An apparatus at a fixed portion (102) of a communication system controls
utilization of software (398) in a portable communication device (122) that
includes a transceiver (302) for communicating with the fixed portion. The
portable communication device receives (604) a request for utilization of the
software. In response, the portable communication device seeks (612) a usage
authorization for utilizing the SOftwa~Ytl8e.n~~...sA(~) external
~
authorization request (428) that inclu
~b)(ffmesoftware,a software
name (394), a secure checksum, and an a dress (313) identifying the portable
communication device, and by communicating (616) the external authorization
request to the fixed portion. The secure checksum is a secure cyclic redundancy
check of the software for which the portable communication device is requesting
usage authorization, and is generated (624) by the portable communication
device from a secure polynomial (311) stored in the portable communication
device and separately by the apparatus from a same secure polynomial (230)
stored in the apparatus. The portable communication device disallows (640) the
utilization of the software, in response to the usage authorization being
unobtainable.-

Remarks
The Commissioner is hereby authorized to charge any fees which may be
required or credit any overpayment to deposit account # 13-4778.
In view of the above, it is submitted that the claims remain in condition
for allowance. However, should the Examiner disagree with the Amendment 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.

MZ/gjm
Michael Zaz
pplicants
Attorney fo
Registration No.: 35,743
Phone: [phone]
Fax: [phone]
3

737FH142