139 F. Supp. 2d 1003 | S.D. Ind. | 2001
Philip S. JACKSON, Plaintiff,
v.
THOMSON CONSUMER ELECTRONICS, INC., Defendant.
United States District Court, S.D. Indiana, Indianapolis Division.
*1004 *1005 Raiford A. Blackstone, Jr., Timothy M. McCarthy, Trexler, Bushnell, Giangiorgi, Blackstone & Marr, Ltd., Chicago, Illinois, and David T. Kasper, Locke Reynolds LLP, Indianapolis, IN, for Plaintiff.
Harold J. McElhinny, Morrison & Foerster, LLP, San Francisco, CA, John P. Corrado, Morrison & Foerster, LLP, Washington, D.C., John F. Prescott, Jr., Jay G. Taylor, Ice Miller Donadio & Ryan, Indianapolis, IN, and Jeffrey D. Carter, Thomson Consumer Electronics, Inc., Indianapolis, IN, for Defendant.
ORDER CONSTRUING CLAIMS OF U.S. PATENT NO. 4,596,900
YOUNG, District Judge.
This is a patent case. Plaintiff Philip S. Jackson ("Jackson"), is the owner of U.S. Patent No. 4,596,900 ("the '900 patent"). The '900 patent discloses and claims a set of electronic circuits for remotely controlling appliances or devices through the use of tones produced by touch-tone telephones. This invention can be connected to, for example, a heating or air conditioning system or a lighting system, and enables a caller to remotely control the attached appliance. For purposes of this action against Thomson Consumer Electronics ("Thomson"), Jackson's invention also relates to a feature common to telephone answering machines, referred to in the telephone answering device industry as "beeperless" remote control or "tone" remote control. In his Complaint, Jackson directly accuses nine Thomson products of infringing his '900 Patent, namely, Thomson's "GE" Models 2-9975, 2-9991, 2-9866, 2-9827, 2-9831, 2-9824, 2-9802, 2-9790, and 2-9740. (Complaint, ¶ 47). Jackson also suggests the existence of other allegedly infringing Thomson devices by making reference to "... other Thomson devices constructed in a similarly infringing fashion ..." Id.
On June 8-9, 2000, the court held a hearing in accordance with Markman v. Westview Instruments, Inc., 517 U.S. 370, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996) to construe disputed claims of the '900 patent. This is the court's construction of those disputed claims.
I. Factual and Procedural History
The court draws the following facts from the Complaint, the briefs submitted by the parties in connection with the Markman hearing, and the testimony and evidence presented during the hearing.
*1006 On June 24, 1986, the Patent and Trademark Office issued the '900 patent. The '900 patent relates to a novel apparatus that responds to a predetermined sequence of tones, such as the touch-tones generated by most telephones, to enable the user to control from a remote location a large number of functions associated with the apparatus, and to do so in a simple, inexpensive, highly reliable, flexible, and convenient manner. Jackson did not invent touch-tone remote control per se, but his invention improved touch-tone remote control so much that it made it practical for use in consumer electronics products such as telephone answering machines. This feature often is referred to in the telephone answering machine industry as "beeperless" remote control or "tone" remote control. It enables a user to call his or her telephone answering machine at a remote location and, by then pressing the "3" and "1" buttons (for example) on the telephone, cause the machine to play back any messages recorded on the machine. Pressing other buttons enables remote control of other features.
Jackson's patent describes the structure for utilizing his invention in terms of digital logic integrated circuitry (e.g., AND gates, NAND gates, OR gates, counters, etc.). Today's telephone answering machines sold by Thomson (and the rest of the industry) employ digital logic integrated circuitry by using "microprocessors" or "microchips" which have the same components (e.g., AND gates, NAND gates, OR gates, counters, etc.).
In 1994, Matsushita Electric Co. and Kazuo Hashimoto (Matsushita's licensor for patents relating to telephone answering machines) attacked Jackson's patent three times by way of reexaminations in the United States Patent and Trademark Office ("PTO"). At issue here are those claims set forth in the second Reexamination Certificate issued by the PTO on August 26, 1997, Reexamination Certificate No. B2 4,596,900. After briefing this issue, the parties have pared down the claims in dispute to Claims 1, 5 and 10.
II. Claim Construction
Construction of patent claims is a matter of law for the court. Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed.Cir.1995) (en banc), aff'd, 517 U.S. 370, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996). Claims are construed from the vantage point of a person of ordinary skill in the art at the time of the invention. Id. at 986. In construing a claim, the court first looks to the intrinsic evidence of record, namely, the language of the claim, the specification, and the prosecution history. E.g., Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed.Cir.1996). In most circumstances, the intrinsic evidence will provide sufficient information for construing the terms. Id. at 1583.
A. Intrinsic Evidence
The court must begin with the claim language, which defines the scope of the claims. See York Products, Inc. v. Central Tractor Farm & Family, 99 F.3d 1568, 1572 (Fed.Cir.1996). In analyzing claim language, the court must give the words of the claim their ordinary and customary meaning. Vitronics, 90 F.3d at 1582.
In order to give context to the claim language, the court must also review the specification:
The specification acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication ... As we have repeatedly stated, "[c]laims must be read in view of the specification, of which they are a part." ... The specification contains a written description of the invention which must be clear and complete *1007 enough to enable those of ordinary skill in the art to make and use it. Thus, the specification is always relevant to the claim construction analysis. Usually, it is dispositive; it's the single best guide to the meaning of a disputed term.
Id. at 1582.
The last source of intrinsic evidence relevant to claim interpretation is the prosecution history of the patent, if it has been made part of the record.
This history contains the complete record of all proceedings before the Patent and Trademark Office, including any express representations made by the applicant regarding the scope of the claims. As such, the record before the Patent and Trademark Office is often of critical importance in determining the meaning of claims.
Id.
Moreover, the court may examine technical treatises and dictionaries "at any time" in order to better understand the underlying technology and can rely on this evidence to construe the claims so long as it does not contradict the patent documents. Id. at 1584, n. 6. Additionally, the court may admit and rely on prior art, whether or not it is cited in the specification or the file history, as prior art can help demonstrate how a term is used by those skilled in the art. Id. at 1584.
B. Extrinsic Evidence
If, after reviewing all available intrinsic evidence, some genuine ambiguity still exists in the claims, the court may look to extrinsic evidence as an aid in construing the claim language. Id. at 1584. The Federal Circuit has made clear, however, that when the "public record unambiguously describes the scope of the patented invention, reliance on any extrinsic evidence is improper." Id. "Extrinsic evidence is any evidence outside of the patent and prosecution history." Markman, 52 F.3d at 980. It may be used to assist the court's understanding of the patent, or the field of technology, but not to vary or contradict the terms of the claims. Id. at 980-81.
C. Construing Means-Plus-Function Claims
The claims at issue here are means-plus-function claims. A "means-plus-function" claim recited in general terms is a "means" for performing a precisely stated function without identifying the particular structure, material, or acts of the claimed invention. The statute provides:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
35 U.S.C. § 112, ¶ 6. Thus, the scope of a means-plus-function claim is strictly limited to the "corresponding structure, material or acts" described in the specification, and equivalents of that structure. Id.; see also WMS Gaming, Inc. v. International Game Technology, 184 F.3d 1339, 1347 (Fed.Cir.1999). In other words, although an applicant can choose "means-plus-function" claim language rather than specifically describing the structure of his invention, the scope of the "means" for performing the stated function must be limited to the structure he specifically disclosed in the specification, and equivalents thereof.
1. Literal Infringement of a Means-Plus-Function Claim
Jackson alleges literal infringement in this matter. In addressing literal infringement of a means-plus-function claim, the court must as a matter of law (1) identify the claimed function; and (2) locate *1008 in the patent specification the structure or equivalent structures which perform the claimed function. E.g., Carroll Touch, Inc. v. Electro Mechanical Systems, Inc., 15 F.3d 1573, 1576 (Fed.Cir. 1993). Whether the accused device actually performs those functions and whether the accused device actually uses that structure is not an issue for purposes of claim construction.
The test of Section 112, Paragraph 6 equivalence is "whether the differences between the structure in the accused device and any disclosed in the specification are insubstantial." Valmont Industries, Inc. v. Reinke Manufacturing Co., 983 F.2d 1039, 1043 (Fed.Cir.1993). An insubstantial change is one that "adds nothing of significance to the structure, material, or acts disclosed in the patent specification." Id.
2. Infringement of a Means-Plus-Function Claim Under the Doctrine of Equivalents
An accused device may infringe a patent if "there is `equivalence' between the elements of the accused product or process and the claimed elements of the patented invention." Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17, 21, 117 S. Ct. 1040, 137 L. Ed. 2d 146 (1997). The doctrine of equivalents is applied to each individual element of a claim, not the invention as a whole. Id. at 29, 117 S. Ct. 1040. Unlike the infringement analysis under Section 112, Paragraph 6, however, infringement under the doctrine of equivalents requires only that the accused device have an equivalent function to the patent claims. Id. Thus, the court's determination of the function of the elements of the patent at issue impacts on infringement under the doctrine of equivalents. Whether the accused device performs each of those functions is a fact question not at issue in claim construction.
III. Equivalents Issue
The parties dispute whether this court should make a determination of whether a microprocessor form of digital logic integrated circuitry, programmed to perform the functions of the claims of the '900 patent, is the equivalent, under 35 U.S.C. § 112, ¶ 6. The Federal Circuit has spoken on this issue:
[A] court must construe the functional claim language "to cover the corresponding structure, material, or acts described in the specification and equivalents thereof." 35 U.S.C. § 112.
Valmont Industries, 983 F.2d at 1042. Based upon the statutory language and the case law, the court finds it must construe the means-plus-function claims to cover the equivalents. Accordingly, the court must determine what equivalents are covered by the claims.
At the Markman hearing, Jackson presented the language of the patent claims. See Plaintiff's Exhibits 5, 6, and 7. The language of the claims sets forth various "means", such as "detecting means", "control means", and "dual state means." Because this is a means-plus-function patent, the court must look to the specification for the disclosed structure and its equivalents.
In the specification of the '900 patent, Jackson disclosed digital logic integrated circuitry, such as AND gates, OR gates, and flip flops. Jackson did not limit himself to this particular set of circuit components. The specification states that "the scope of the invention should not be limited by the particular embodiments and specific construction described herein but should be defined by the appended claims and equivalents thereof." U.S. Patent No. 4,596,900, col. 11, ll. 43-47. Thus, the language of the '900 patent reserves the right to claim equivalent structure and did not disclaim microprocessors as equivalents.
*1009 Further, Jackson introduced the entire file history as its Exhibits A-AA. One of the prior art references in the '900 patent is the Daley, United States Patent No. 4,491,690. The Daley patent related to a control system which utilized telephones as the communication link. The preferred embodiment of the patent utilized a microprocessor. The Daley patent notes, however, the equivalence of hardware and a microprocessor:
The microprocessor design, although preferred, is not essential and it should be understood that equivalent hardware may be employed to perform the same function.
(See Plaintiffs Opening Markman Brief, Exhibit E at col. 3, ll. 2-5). Thus, Daley establishes that a microprocessor and discrete digital logic are routine substitutions for each other.
In addition, at the hearing, Jackson introduced the testimony of Dr. Silva, Professor of Electrical Engineering at Purdue University. He testified that, to a person skilled in the art, use of a microprocessor would be a routine substitution for the digital logic integrated circuitry disclosed in the '900 patent. (See generally Transcript of Markman Hearing at 29-40).
And lastly, Jackson introduced a portion of Michael Slater's learned treatise, Microprocessor-Based Design: A Comprehensive Guide to Effective Hardware Design (Prentice Hall 1989) (Plaintiff's Exhibit 4). This treatise demonstrates the fundamental tenet of Jackson's proposed claim construction finding on equivalence. According to Mr. Slater:
The basic digital logic structure is the gate. All digital logic systems, including microprocessors, are composed of gates. Slater, Microprocessor-Based Design: A Comprehensive Guide to Effective Hardware Design (Prentice Hall 1989) at 3 (Plaintiff's Exhibit 4). Dr. Silva, Jackson's expert, testified that the four basic gates (i.e., AND gates, OR gates, XOR gates or exclusive-OR gates, and NOT gates) disclosed in the '900 patent's digital logic integrated circuits are identical to the four gates (i.e., AND gates, OR gates, XOR gates, and NOT gates) utilized in microprocessor digital logic integrated circuits, as described by Mr. Slater and as illustrated in Figure 1.1 of his treatise.
The intrinsic evidence, extrinsic evidence, expert testimony, and the learned treatise by Mr. Slater convince the court that a microprocessor programmed to perform the functions of the '900 patent is the equivalent, under Section 112, Paragraph 6, of the digital logic integrated circuitry disclosed in the '900 patent.
IV. Claim Function and Structure Conclusions of Law.
The court must now address the independent claims at issue in this case, Claims 1, 5, 10, 59, 79, and 97. Having considered the intrinsic evidence in this case, the court now finds that the independent Claims at issue have the functions and corresponding structure set forth in the following tables. The court finds that each dependent claim has the function and corresponding structure set forth in the table for the independent claim on which that claim depends plus the function and structure set forth in the following tables for the dependent claims.
A. Independent Claims.
Claim 1
*1010
Claim 1 Language Function Corresponding Structure
1. A phone-line-linked, tone-operated
control apparatus for
remotely controlling various
functions of at least one
device, said apparatus
comprising:
A. detecting means coupled to To couple to receive tone signals a portion of decoding and control
receive tone signals from said from said phone line. logic 24; integrated circuits
phone line, including DTMF decoder 20,
crystal 40, inverter 47, AND gates
for detecting at least one To detect at least one 48 and 50 and 52, flip-flops 56 and
predetermined sequence predetermined sequence of 58, AND gates 60 and 62
of predetermined tone predetermined tone signals.
signals and
for producing a To produce a corresponding
corresponding sequence sequence detection signal.
detection signal;
B. control means responsive to To respond to said sequence a portion of decoding and control
said sequence detection signal detection signal. logic 24; integrated circuits
including OR gate 64, flip-flop 66
for producing a To produce a corresponding
corresponding control control signal.
signal;
wherein said detecting means
comprises
A(1). first detecting means a portion of decoding and control
logic 24; integrated circuits
for producing a first To produce a first detection signal including DTMF decoder 20, AND
detection signal in in response to the reception of a gates 48, 50, 60, flip-flop 56
response to the first predetermined sequence of
reception of a first predetermined tone signals.
predetermined
sequence of
predetermined tone
signals and
A(2). second detecting means a portion of decoding and control
logic 24; integrated circuits
for producing a second To produce a second detection including DTMF decoder 20, AND
detection signal in singnal in response to the reception gates 50, 52, 62, flip-flop 58
response to the of a second predetermined
reception of a second sequence of predetermined tone
predetermined signals.
sequence of
predetermined tone
signals;
wherein said control means is
B(1). responsive to said first To respond to said first detection See Section B, supra
detection signal for signal for producing a
producing a corresponding corresponding first control signal
first control signal and
B(2). responsive to said second To respond to said second See Section B, supra
detection signal for detection signal for producing
producing a corresponding a corresponding second
second control signal; control signal.
wherein said control means comprises
B(3). dual state means a portion of decoding and control
logic 24; integrated circuits
for producing only one To produce only one of said first including OR gate 64, flip-flop 66
of said first control control signal and said second
signal and said second control signal at a time.
*1011
control signal at a time;
and
wherein said first and said second
detecting means further include
A(1)(a), and (A)(2)(a).
gating means a portion of decoding and control
logic 24; integrated circuits
coupled in circuit To couple in circuit. including AND gates 60, 62
for disabling To disable production of said first
production of said first and said second detection signals
and said second respectively.
detection signals
respectively
in response to said To respond to said second control
second control signal signal and said first control signal,
and said first control respectively.
signal, respectively,
whereby said apparatus To not produce said first detection
cannot produce said first signal and said second detection
detection signal and said signal at the same time.
second detection signal at
the same time.
Claim 5
Claim 5 Language Function Corresponding Structure
5. A phone-line-linked, tone-operated
control apparatus comprising:
A. detecting means coupled to To couple to receive tone signals a portion of decoding and control
receive tone signals from from said phone line. logic 24; integrated circuits
said phone line, including DTMF decoder 20,
crystal 40, inverter 47, AND gates
for detecting at least To detect at least one 48 and 50 and 52, flip-flops 56 and
one predetermined predetermined sequence of 58, AND gates 60 and 62
sequence of predetermined tone signals.
predetermined tone
signals and
To produce a corresponding
for producing a sequence detection signal.
corresponding
sequence detection
signal;
B. control means responsive To respond to said sequence a portion of decoding and control
to said sequence detection detection signal. logic 24; integrated circuits
signal including OR gate 64, flip-flop 66
for producing a To produce a corresponding
corresponding control control signal.
signal;
C. access limiting circuit To couple with said detecting break-in prevention system 25;
means coupled with said means. relay 90 and integrated circuits
detecting means including AND gate 55, OR gate
85, counter 70, buffer 88, exclusive
for preventing To prevent production of said OR gate 95, AND gates 100, 102,
production of said sequence detection signal until an 104, 108, 112, 116, 118, 126, flip-flops
sequence detection access sequence comprising a 106, 110, 114, 122, OR gate
signal further predetermined sequence of 120, counter component 124,
predetermined tone signals is first inverter 125
until an access received on said phone line.
sequence comprising
a further predetermined
sequence of
*1012
predetermined tone
signals is first received
on said phone line;
wherein said access limiting circuit
means includes
C(1). gate means a portion of decoding and control
logic 24; integrated circuit
coupled with said To couple with said detecting including AND gate 55
detecting means means.
for normally preventing To normally prevent response
response thereof to said thereof to said tone signals.
tone signals, and
C(2). counter means a portion of break-in prevention
system 25; integrated circuit
coupled to said gate To couple to said gate means and including flip-flops 106, 110, 114,
means and responsive responsive to said tone signals. AND gates 104, 102, 100, 105,
to said tone signals 112, and 118
for causing said gate To cause said gate means to
means to enable enable operation of said detecting
operation of said means following a predetermined
detecting means number of tone signals received
following a thereby.
predetermined number
of tone signals received
thereby.
Claim 10
Claim 10 Language Function Corresponding Structure
10. A phone-line-linked, tone-operated
control apparatus
comprising:
A. detecting means coupled to To couple to receive tone signals a portion of decoding and control
receive tone signals from said from said phone line. logic 24; integrated circuits
phone line, including DTMF decoder 20,
crystal 40, inverters 47, AND
for detecting at least one To detect at least one gates 48 and 50 and 52, flip-flops
predetermined sequence predetermined sequence of 56 and 58, AND gates 60 and 62
of predetermined tone predetermined tone signals.
signals and
for producing a To produce a corresponding
corresponding sequence sequence detection signal.
detection signal;
B. control means responsive to To respond to said sequence a portion of decoding and control
said sequence detection detection signal. logic 24; integrated circuits
signal including OR gate 64, flip-flop 66
for producing a To produce a corresponding
corresponding control control signal.
signal;
C. switching means responsive To respond to said control signal. a portion of instrument controllers
to said control signal 26; relay 168
for activating a given To activate a given instrument
instrument under control; under control.
and
D. feedback means coupled to To couple to said switching means. feedback circuitry 30 and a portion
said switching means of answering circuitry 22; relay 90
and integrated circuits including
for producing a verifying To produce a verifying signal in buffer 88, exclusive-OR gate 95,
signal in response to response to operation of said opto-coupler or opto-isolator 174;
operation of said switching means for activating said Schmitt trigger 176; RC filter 178,
*1013
switching means for instrument under control. 180; MM V 182
activating said instrument
under control;
wherein said feedback means
includes
D(1). gate means a portion of answering circuitry 22;
relay 90 and integrated circuit
coupled with answering To couple with answering circuit including exclusive OR gate 95
circuit means and means.
responsive to said To respond to said verifying signal
verifying signal for for momentarily decoupling said
momentarily decoupling answering circuit means from said
said answering circuit phone line.
means from said phone
line and
thereby producing an To produce an audible signal.
audible signal.
Claim 59
Claim 59 Language Function Corresponding Structure
59. A phone-line-linked, tone-operated
control apparatus for
remotely controlling various
functions of at least one
device, said apparatus
comprising:
A. integrated circuit detecting To couple to receive DTMF signals a portion of decoding and control
means coupled to receive from said phone line. logic 24; integrated circuits
DTMF tone signals from said including DTMF decoder 20,
phone line, crystal 40, inverter 47, AND gates
To detect at least one 48 and 50 and 52, flip-flops 56 and
for detecting at least one predetermined sequence of 58, AND gates 60 and 62
predetermined sequence predetermined DTMF tone
of predetermined DTMF signals.
tone signals and
To produce a corresponding
for producing a sequence detection signal.
corresponding sequence
detection signal;
B. integrated circuit control To respond to said sequence a portion of decoding and control
means responsive to said detection signal. logic 24; integrated circuits
sequence detection signal including OR gate 64, flip-flop 66
for producing a To produce a corresponding
corresponding control control signal.
signal;
wherein said detecting means
comprises
A(1). first integrated circuit a portion of decoding and control
detecting means logic 24; integrated circuits
including DTMF decoder 20, AND
for producing a first To produce a first detection signal gates 48, 50, 60, flip-flop 56
detection signal in in response to the reception of a
response to the first predetermined sequence of
reception of a first predetermined DTMF tone
predetermined signals.
sequence of
predetermined DTMF
tone signals and
A(2). second integrated circuit a portion of decoding and control
detecting means logic 24; integrated circuits
including DTMF decoder 20, AND
*1014
Claim 59 Language Function Corresponding Structure
for producing a second To produce a second detection gates 50, 52, 62, flip-flop 58
detection signal in signal in response to the reception
response to the of a second predetermined
reception of a second sequence of predetermined DTMF
predetermined tone signals.
sequence of
predetermined DTMF
tone signals;
wherein said control means is
B(1). responsive to said first To respond to said first detection See Section B, supra
detection signal for signal for producing a
producing a corresponding corresponding first control signal
first control signal and
B(2). responsive to said second To respond to said second See Section B, supra
detection signal for detection signal for producing
producing a corresponding a corresponding second control
second control signal; signal.
wherein said control means
comprises
B(3). integrated circuit dual a portion of decoding and control
state means logic 24; integrated circuits
including OR gate 64, flip-flop 66
for producing only one To produce only one of said first
of said first control control signal and said second
signal and said second control signal at a time.
control signal at a time;
and
where said first and said second
integrated circuit detecting means
further include
A(1)(a). and (A)(2)(a).
integrated circuit gating a portion of decoding and control
means logic 24; integrated circuits
including AND gates 60, 62
coupled in circuit To couple in circuit.
for disabling To disable production of said first
production of said first and said second detection signals
and said second respectively.
detection signals
respectively
in response to said To respond to said second control
second control signal signal and said first control signal,
and said first control respectively.
signal, respectively,
whereby said apparatus To not produce said first detection
cannot produce said first signal and said second detection
detection signal and said signal at the same time.
second detection signal at
the same time.
Claim 79
Claim 79 Language Function Corresponding Structure
79. A phone-line-linked, tone-operated
operated control apparatus
comprising:
A. integrated circuit To couple to receive DTMF tone a portion of decoding and control
detecting means coupled to signals from said phone line. logic 24; integrated circuits
receive DTMF tone signals including DTMF decoder 20,
from said phone line, crystal 40, inverter 47, AND gates
48 and 50 and 52, flip-flops 56 and
*1015
for detecting at least To detect at least one 58, AND gates 60 and 62
one predetermined predetermined sequence of
sequence of predetermined DTMF tone
predetermined DTMF signals.
tone signals and
for producing a To produce a corresponding
corresponding sequence detection signal.
sequence detection
signal;
B. integrated circuit control To respond to said sequence a portion of decoding and control
means responsive to said detection signal. logic 24; integrated circuits
sequence detection signal including OR gate 64, flip-flop 66
for producing a To produce a corresponding
corresponding control control signal.
signal;
C. integrated circuit access To couple with said detecting break-in prevention system 25;
limiting circuit means means. relay 90 and integrated circuits
coupled with said detecting including AND gate 55, OR gate
means 85, counter 70, buffer 88, exclusive
OR gate 95, AND gates 100, 102,
for preventing To prevent production of said 104, 108, 112, 116, 118, 126, flip-flops
production of said sequence detection signal until an 106, 110, 114, 122, OR
sequence detection access sequence comprising a gate 120, counter component
signal further predetermined sequence of 124, inverter 125
predetermined DTMF tone signals
until an access is first received on said phone line.
sequence comprising
a further predetermined
sequence of
predetermined DTMF
tone signals is first
received on said phone
line;
wherein said access limiting circuit
means includes
C(1). integrated circuit gate a portion of decoding and control
means logic 24; integrated circuit
including AND gate 55
coupled with said To couple with said detecting
detecting means means.
for normally preventing To normally prevent response
response thereof to said thereof to said DTMF tone signals.
DTMF tone signals,
and
C(2). integrated circuit counter a portion of break-in prevention
means system 25; integrated circuit
including flip-flops 106, 110, 114,
coupled to said gate To couple to said gate means and AND gates 104, 102, 100, 105,
means and responsive respond to said DTMF tone 112, and 118.
to said DTMF tone signals.
signals
for causing said gate To cause said gate means to
means to enable enable operation of said detecting
operation of said means following a predetermined
detecting means number of DTMF tone signals
following a received thereby.
predetermined number
of DTMF tone signals
received thereby.
Claim 97
*1016
Claim 97 Language Function Corresponding Structure
97. A phone-line-linked, tone-operated
control apparatus comprising:
A. integrated circuit detecting To couple to receive DTMF tone a portion of decoding and control
means coupled to receive signals from said phone line. logic 24; integrated circuits
DTMF tone signals from said including DTMF decoder 20,
phone line, crystal 40, inverters 47, AND
gates 48 and 50 and 52, flip-flops
56 and 58, AND gates 60 and 62
for detecting at least one To detect at least one
predetermined sequence predetermined sequence of
of predetermined DTMF predetermined DTMF tone
tone signals and signals.
for producing a To produce a corresponding
corresponding sequence sequence detection signal.
detection signal;
B. integrated circuit control To respond to said sequence a portion of decoding and control
means responsive to said detection signal. logic 24; integrated circuits
sequence detection signal including OR gate 64, flip-flop 66
for producing a To produce a corresponding
corresponding control control signal.
signal;
C. integrated circuit switching To respond to said control signal. a portion of instrument controllers
means responsive to said 26; relay 168
control signal
for activating a given To activate a given instrument
instrument under control; under control.
and
D. integrated circuit feedback To couple to said switching means. feedback circuitry 30 and a portion
means coupled to said of answering circuitry 22; relay 90
switching means and integrated circuits including
buffer 88, exclusive-OR gate 95,
for producing a verifying To produce a verifying signal in opto-coupler or opto-isolator 174;
signal in response to response to operation of said Schmitt trigger 176; RC filter 178,
operation of said switching means for activating said 180; MMV 182
switching means for instrument under control.
activating said instrument
under control;
wherein said feedback means
includes
D(1). integrated circuit gate a portion of answering circuitry 22;
means relay 90 and integrated circuit
including exclusive OR gate 95
coupled with integrated To couple with answering circuit
circuit answering circuit means.
means and
responsive to said To respond to said verifying signal
verifying signal for for momentarily decoupling said
momentarily decoupling answering circuit means from said
said answering circuit phone line.
means from said phone
line and
thereby producing an To produce an audible signal.
audible signal.
B. Dependent Claims.
(1) Claims that depend on Claim 1: 2,
14, 16, 18, and 20.
*1017
Claim 2
Claim 2 Language Function Corresponding Structure
2. A control apparatus in See Claim 1.
accordance with claim 1
wherein said detecting means
comprises
A(1). tone decoding means integrated circuit including DTMF
decoder 20
responsive to said tone To respond to said tone signals.
signals
for producing digitally To produce digitally encoded
encoded signals signals corresponding in a
corresponding in a predetermined fashion to said tone
predetermined fashion to signals.
said tone signals; and
A(2). digital decoding means a portion of decoding and control
logic 24; integrated circuits
responsive to To respond to predetermined ones including AND gates 48, 50, 52,
predetermined ones of of said digitally encoded signals 60, 62; flip-flops 56, 58
said digitally encoded occurring in a predetermined
signals occurring in a sequence.
predetermined sequence
for producing said To produce said corresponding
corresponding sequence sequence detection signal.
detection signal.
Claim 14
Claim 14 Language Function Corresponding Structure
14. A control apparatus in See Claim 1
accordance with claim 1 and
further including
decoupling means answering circuitry 22; relay 90
and integrated circuits including a
responsive to a remotely To respond to a remotely located portion of DTMF decoder 20,
located transmitter going transmitter going off the telephone counter 70, buffer 72, AND gate
off the telephone line line. 80, OR gate 85, switch 86, buffer
88
for disconnecting the To disconnect the control
control apparatus from apparatus from the telephone line.
the telephone line.
Claim 16
Claim 16 Language Function Corresponding Structure
16. A control apparatus in See Claim 1.
accordance with claim 1 and
further including
means for coupling said To couple said sequence detecting answering circuitry 22; relay 90
sequence detecting means to means to said phone line in and integrated circuits including a
said phone line in response response to a predetermined portion of DTMF decoder 20,
to a predetermined number number of ring tones received on counter component 70, inverter
of ring tones received on said said phone line. buffers 72, 74, RC filter 76, 78,
phone line. switch 86, buffer 88
Claim 18
Claim 18 Language Function Corresponding Structure
18. A control apparatus in See Claim 1.
accordance with claim 1,
further including
C. access limiting means break-in prevention system 25;
*1018
Claim 18 Language Function Corresponding Structure
relay 90 and integrated circuits
coupled with said To couple with said detecting including AND gate 55, OR gate
detecting means, means. 85, counter 70, buffer 88, exclusive
OR gate 95, AND gates 100, 102,
104, 108, 112, 116, 118, 126, flip-flops
for preventing production To prevent production of said 106, 110, 114, 122, OR
of said sequence detection sequence detection signal, until an gate 120, counter component
signal access sequence comprising a 124, inverter 125
further predetermined sequence of
until an access sequence predetermined tone signals is first
comprising received on said phone line.
a further predetermined
sequence of
predetermined tone signals
is first received on said
phone line;
wherein said access limiting means
includes
C(1). access limiting gate means a portion of decoding and control
logic 24; integrated circuit
coupled with said To couple with said detecting including AND gate 55
detecting means means.
for normally preventing To prevent response thereof to
response thereof to said said tone signals.
tone signals, and
C(2). counter means a portion of break-in prevention
system 25; integrated circuit
coupled to said access To couple to said access limiting including flip-flops 106, 110, 114,
limiting gate means and gate means and responsive to said AND gates 104, 102, 100, 105,
responsive to said tone tone signals. 112, and 118
signals
for causing said access To cause said access limiting gate
limiting gate means to means to enable operation of said
enable operation of said detecting means following a
detecting means following predetermined number of tone
a predetermined number signals received thereby.
of tone signals received
thereby.
Claim 20
Claim 20 Language Function Corresponding Structure
20. A control apparatus in
accordance with claim 1,
further including
C. switching means responsive To respond to said control signal. a portion of instrument controllers
to said control signal 26; relay 168
for controlling said
device; and
D. feedback means coupled to To couple to said switching means. feedback circuitry 30 and a portion
said switching means of answering circuitry 22; relay
90 and integrated circuits
including buffer 88, exclusive-OR
for producing a verifying To produce a verifying signal in gate 95, opto-coupler or optoisolator
signal in response to the response to the changing of said 174, Schmitt trigger 176,
changing of said device device from one operating state to RC filter 178, 180, MMV 182
from one operating state another.
to another;
wherein said feedback means
includes
D(1). gate means a portion of answering circuitry 22;
*1019
Claim 20 Language Function Corresponding Structure
relay 90 and integrated circuit
coupled to answering To couple to answering circuit including exclusive OR gate 95
circuit means and means.
responsive to said To respond to said verifying signal
verifying signal for for producing an audible verification
producing an audible signal on said phone line.
verification signal on said
phone line.
(2) Claims that depend on Claim 5:
32, 33, and 35.
Claim 32
Claim 32 Language Function Corresponding Structure
32. A control apparatus in See Claim 5
accordance with claim 5,
further including
decoupling means answering circuitry 22; relay 90
and integrated circuits including a
responsive to a remotely To respond to a remotely located portion of DTMF decoder 20,
located transmitter going transmitter going off the telephone counter 70, buffer 72, AND gate
off the telephone line line. 80, OR gate 85, switch 86, buffer
88
for disconnecting the To disconnect the control apparatus
control apparatus from the from the telephone line.
telephone line.
Claim 33
Structure Described in the
Claim 33 Language Function Specification
33. A control apparatus in See Claim 5
accordance with claim 5,
further including
means for coupling said To couple said sequence detecting answering circuitry 22; relay 90
sequence detecting means to means to said phone line in and integrated circuits including a
said phone line in response response to a predetermined portion of DTMF decoder 20,
to a predetermined number number of ring tones received on counter component 70, inverter
of ring tones received on said said phone line. buffers 72, 74, RC filter 76, 78,
phone line. switch 86, buffer 88
Claim 35
Claim 35 Language Function Corresponding Structure
35. A control apparatus in
accordance with claim 5,
further including
C. switching means responsive To respond to said control signal a portion of instrument controllers
to said control signal for controlling a device. 26; relay 168
for controlling a device;
and
D. feedback means coupled to To couple to said switching means. feedback circuitry 30 and a portion
said switching means of answering circuitry 22; relay 90
and integrated circuits including
buffer 88; exclusive-OR gate 95,
for producing a verifying To produce a verifying signal in opto-coupler or opto-isolator 174,
signal in response to the response to the changing of said Schmitt trigger 176, RC filter 178,
changing of said device device from one operating state to 180, MMV 182
from one operating state another.
to another;
*1020
Claim 35 Language Function Corresponding Structure
wherein said feedback means
includes
D(1). gate means a portion of answering circuitry 22;
relay 90 and integrated circuit
coupled to answering To couple to answering circuit including exclusive OR gate 95
circuit means and means.
responsive to said To respond to said verifying signal
verifying signal for for producing an audible verification
producing an audible signal on said phone line.
verification signal on said
phone line.
(3) Claims that depend on Claim 10:
45, 46, and 47.
Claim 45
Claim 45 Language Function Corresponding Structure
45. A control apparatus in
accordance with claim 10,
further including
decoupling means answering circuitry 22; relay 90
and integrated circuits including a
responsive to a remotely To respond to a remotely located portion of DTMF decoder 20,
located transmitter going transmitter going off the telephone counter 70, buffer 72, AND gate
off the telephone line line. 80, OR gate 85, switch 86, buffer
88
for disconnecting the To disconnect the control apparatus
control apparatus from from the telephone line.
the telephone line.
Claim 46
Structure Described in the
Claim 46 Language Function Specification
46. A control apparatus in
accordance with claim 10,
further including
means for coupling said To couple said sequence detecting answering circuitry 22; relay 90
sequence detecting means to means to said phone line in and integrated circuits including a
said phone line in response response to a predetermined portion of DTMF decoder 20,
to a predetermined number number of ring tones received on counter component 70, inverter
of ring tones received on said said phone line. buffers 72, 74, RC filter 76, 78,
phone line. switch 86, buffer 88
Claim 47
Claim 47 Language Function Corresponding Structure
47. A control apparatus in
accordance with claim 10,
further including
C. access limiting means break-in prevention system 25;
relay 90 and integrated circuits
coupled with said To couple with said detecting including AND gate 55, OR gate
detecting means, means. 85, counter 70, buffer 88, exclusive
OR gate 95, AND gates 100, 102,
for preventing production To prevent production of said 104, 108, 112, 116, 118, 126, flip-flops
of said sequence detection sequence detection signal until an 106, 110, 114, 122, OR
signal until an access access sequence comprising a gate 120, counter component 124,
sequence comprising further predetermined sequence of inverter 125
predetermined tone signals is first
a further predetermined received on said phone line.
sequence of
*1021
Claim 47 Language Function Corresponding Structure
predetermined tone signals
is first received on said
phone line;
wherein said access limiting means
includes
C(1). access limiting gate means a portion of decoding and control
logic 24; integrated circuit
coupled with said To couple with said detecting including AND gate 55
detecting means means.
for normally preventing To normally prevent response
response thereof to said thereof to said tone signals.
tone signals, and
C(2). counter means a portion of break-in prevention
system 25; integrated circuit
coupled to said access To couple to said access limiting including flip-flops 106, 110, 114,
limiting gate means and gate means. AND gates 104, 102, 100, 105,
112, and 118
responsive to said tone To respond to said tone signals.
signals
for causing said access To cause said access limiting gate
limiting gate means to means to enable operation of said
enable operation of said detecting means following a
detecting means following predetermined number of tone
a predetermined number signals received thereby.
of tone signals received
thereby.
(4) Claims that depend on Claim 59:
60, 62, 63, 64, and 66.
Claim 60
Claim 60 Language Function Corresponding Structure
60. A control apparatus in See Claim 59.
accordance with claim 59
wherein said detecting means
comprises
A(1). integrated circuit tone integrated circuit including DTMF
decoding means decoder 20
responsive to said DTMF To respond to said DTMF tone
tone signals signals.
for producing digitally To produce digitally encoded
encoded signals signals corresponding in a
corresponding in a predetermined fashion to said
predetermined fashion to DTMF tone signals.
said DTMF tone signals;
and
A(2). integrated circuit digital a portion of decoding and control
decoding means logic 24; integrated circuits
including AND gates 48, 50, 52,
responsive to To respond to predetermined ones 60, 62, flip-flops 56, 58
predetermined ones of of said digitally encoded signals
said digitally encoded occurring in a predetermined
signals occurring in a sequence.
predetermined sequence
To produce said corresponding
for producing said sequence detection signal.
corresponding sequence
detection signal.
*1022
Claim 62
Claim 62 Language Function Corresponding Structure
62. A control apparatus in See Claim 59.
accordance with claim 59 and
further including
integrated circuit answering circuitry 22; relay 90
decoupling means and integrated circuits including a
portion of DTMF decoder 20,
responsive to a remotely To respond to a remotely located counter 70, buffer 72, AND gate
located transmitter going transmitter going off the telephone 80, OR gate 85, switch 86, buffer
off the telephone line line. 88
for disconnecting the To disconnect the control apparatus
control apparatus from from the telephone line.
the telephone line.
Claim 63
Structure Described in the
Claim 63 Language Function Specification
63. A control apparatus in
accordance with claim 59,
and further including
integrated circuit means To couple said sequence detecting answering circuitry 22; relay 90
for coupling said sequence means to said phone line in and integrated circuits including
detecting means to said response to a predetermined a portion of DTMF decoder 20,
phone line in response to a number of ring tones received on counter component 70, inverter
predetermined number of said phone line. buffers 72, 74, RC filter 76, 78,
ring tones received on said switch 86, buffer 88
phone line.
Claim 64
Claim 64 Language Function Corresponding Structure
64. A control apparatus in See Claim 59
accordance with claim 59,
further including
C. integrated circuit access break-in prevention system 25;
limiting means relay 90 and integrated circuits
including AND gate 55, OR gate
coupled with said To couple with said detecting 85, counter 70, buffer 88, exclusive
detecting means, means. OR gate 95, AND gates 100, 102,
104, 108, 112, 116, 118, 126, flip-flops
106, 110, 114, 122, OR gate
for preventing production To prevent production of said 120, counter component 124,
of said sequence sequence detection signal until an inverter 125
detection signal access sequence comprising a
further predetermined sequence of
until an access sequence predetermined DTMF tone signals
comprising is first received on said phone line.
a further predetermined
sequence of
predetermined DTMF
tone signals is first
received on said phone
line;
wherein said access limiting means
includes
C(1). integrated circuit access a portion of decoding and control
limiting gate means logic 24; integrated circuit
including AND gate 55
*1023
Claim 64 Language Function Corresponding Structure
coupled with said To couple with said detecting
detecting means means.
for normally preventing To normally prevent response
response thereof to said thereof to said DTMF tone signals.
DTMF tone signals, and
C(2). integrated circuit counter a portion of break-in prevention
means system 25; integrated circuit
including flip-flops 106, 110, 114,
coupled to said access To couple to said access limiting AND gates 104, 102, 100, 105,
limiting gate means and gate means and be responsive to 112, and 118
responsive to said DTMF said DTMF tone signals.
tone signals
for causing said access To cause said access limiting gate
limiting gate means to means to enable operation of said
enable operation of said detecting means following a
detecting means following predetermined number of DTMF
a predetermined number tone signals received thereby.
of DTMF tone signals
received thereby.
Claim 66
Claim 66 Language Function Corresponding Structure
66. A control apparatus in
accordance with claim 59,
further including
C. integrated circuit To respond to said control signal. a portion of instrument controllers
switching means 26; relay 168
responsive to said control
signal
for controlling said To control said device.
device; and
D. integrated circuit To couple to said switching means. feedback circuitry 30 and a portion
feedback means coupled to of answering circuitry 22; relay 90
said switching means and integrated circuits including
buffer 88, exclusive-OR gate 95,
for producing a verifying To produce a verifying signal in opto-coupler or opto-isolator 174,
signal in response to the response to the changing of said Schmitt trigger 176, RC filter 178,
changing of said device device from one operating state to 180, MMV 182
from one operating state another.
to another;
wherein said feedback means
includes
D(1). integrated circuit gate a portion of answering circuitry 22;
means relay 90 and integrated circuit
including exclusive OR gate 95
coupled to integrated To couple to integrated circuit
circuit answering circuit answering circuit means.
means and
responsive to said To respond to said verifying signal
verifying signal for for producing an audible
producing an audible verification signal on said phone
verification signal on said line.
phone line.
(5) Claims that depend on Claim 79:
84, 85, and 87.
*1024
Claim 84
Claim 84 Language Function Corresponding Structure
84. A control apparatus in See Claim 79
accordance with claim 79,
further including
integrated circuit answering circuitry 22; relay 90
decoupling means and integrated circuits including a
portion of DTMF decoder 20,
responsive to a remotely To respond to a remotely located counter 70, buffer 72, AND gate
located transmitter going transmitter going off the telephone 80, OR gate 85, switch 86, buffer
off the telephone line line. 88
for disconnecting the To disconnect the control apparatus
control apparatus from from the telephone line.
the telephone line.
Claim 85
Claim 85 Language Function Corresponding Structure
85. A control apparatus in See Claim 79.
accordance with claim 79,
further including
integrated circuit means To couple said sequence detecting answering circuitry 22; relay 90
for coupling said sequence means to said phone line in and integrated circuits including a
detecting means to said response to a predetermined portion of DTMF decoder 20,
phone line in response to a number of ring tones received on counter component 70, inverter
predetermined number of said phone line. buffers 72, 74, RC filter 76, 78,
ring tones received on said switch 86, buffer 88
phone line.
Claim 87
Claim 87 Language Function Corresponding Structure
87. A control apparatus in
accordance with claim 79,
further including
C. integrated circuit To respond to said control signal. a portion of instrument controllers
switching means 26; relay 168
responsive to said control
signal
for controlling a device;
and
D. integrated circuit To couple to said switching means. feedback circuitry 30 and a portion
feedback means coupled to of answering circuitry 22; relay 90
said switching means and integrated circuits including
buffer 88, exclusive-OR gate 95,
for producing a verifying To produce a verifying signal in opto-coupler or opto-isolator 174,
signal in response to the response to the changing of said Schmitt trigger 176, RC filter 178,
changing of said device device from one operating state to 180, MMV 182
from one operating state another.
to another;
wherein said feedback means
includes
D(1). integrated circuit gate answering circuitry 22; relay 90
means and integrated circuit including
exclusive OR gate 95, a portion of
coupled to integrated To couple to integrated circuit DTMF decoder 20; counter
circuit answering circuit answering circuit means. component 70, inverter buffers 72,
means and 74, RC filter 76, 78, RC time delay
circuit 82, 84, OR gate 85, switch
responsive to said To respond to said verifying signal 86, buffer 88, resistor 92
verifying signal for for producing an audible verification
producing an audible signal on said phone
verification signal on said line.
*1025
phone line.
(6) Claims that depend on Claim 97:
99, 100, and 101.
Claim 99
Claim 99 Language Function Corresponding Structure
99. A control apparatus in
accordance with claim 97,
further including
integrated circuit answering circuitry 22; relay 90
decoupling means and integrated circuits including a
portion of DTMF decoder 20,
responsive to a remotely To respond to a remotely located counter 70, buffer 72, AND gate
located transmitter going transmitter going off the telephone 80, OR gate 85, switch 86, buffer
off the telephone line line. 88
for disconnecting the To disconnect the control apparatus
control apparatus from the from the telephone line.
telephone line.
Claim 100
Claim 100 Language Function Corresponding Structure
100. A control apparatus in
accordance with claim 97,
further including
integrated circuit means To couple said sequence detecting answering circuitry 22; relay 90
for coupling said sequence means to said phone line in and integrated circuits including a
detecting means to said response to a predetermined portion of DTMF decoder 20,
phone line in response to a number of ring DTMF tones counter component 70, inverter
predetermined number of received on said phone line. buffers 72, 74, RC filter 76, 78,
ring DTMF tones received switch 86, buffer 88
on said phone line.
Claim 101
Claim 101 Language Function Corresponding Structure
101. A control apparatus in
accordance with claim 97,
further including
C. integrated circuit access break-in prevention system 25;
limiting means relay 90 and integrated circuits
including AND gate 55, OR gate
coupled with said To couple with said detecting 85, counter 70, buffer 88, exclusive
detecting means, means. OR gate 95, AND gates 100, 102,
104, 108, 112, 116, 118, 126, flip-flops
for preventing production To prevent production of said 106, 110, 114, 122, OR gate
of said sequence detection sequence detection signal until an 120, counter component 124,
signal until an access access sequence comprising a inverter 125
sequence comprising further predetermined sequence of
predetermined DTMF tone signals
a further predetermined is first received on said phone line.
sequence of
predetermined DTMF tone
signals is first received on
said phone line;
wherein said access limiting means
includes
C(1). integrated circuit access a portion of decoding and control
limiting gate means logic 24; integrated circuit
including AND gate 55
coupled with said To couple with said detecting
*1026
detecting means means.
for normally preventing
response thereof to said To normally prevent response
DTMF tone signals, and thereof to said DTMF tone signals.
C(2). integrated circuit counter a portion of break-in prevention
means system 25; integrated circuit
including flip-flops 106, 110, 114,
coupled to said access To couple to said access limiting AND gates 104, 102, 100, 105,
limiting gate means and gate means. 112, and 118
responsive to said DTMF To respond to said DTMF tone
tone signals signals.
for causing said access To cause said access limiting gate
limiting gate means to means to enable operation of said
enable operation of said detecting means following a
detecting means following predetermined number of DTMF
a predetermined number tone signals received thereby.
of DTMF tone signals
received thereby.
V. Conclusion
The purpose of the Markman hearing and this subsequent order is to construe the claims placed in issue and more specifically the terms highlighted by the parties. This being done, the parties may proceed accordingly with the underlying infringement suit.
