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2. T H BCLR BCLR BCLR RIS MRT ERR ERROR FG REV DOOR LOW SPEED MOTOR FG REV DOOR IR ERROR MOTOR FG REV DOOR RELS RELAY t f DIR FG MOTOR FG CLEAR SPEED MIRROR PD MIRR SAFE UP HIGH LIMIT LIMIT SW CLEAR SPEED HIGH LIMIT LIMIT SW SAFE UP LOW LIMIT LIMIT SW CLEAR SPEED MOTOR PROC MOTOR SPEED ERROR LIGHT ERROR DOWN PROC LOW SPEED MOTOR FG IR ERROR MOTOR FG MRT ERR ERROR FG e xe de ose ove ode de ode ode LDA BEQ DEC RIS BSET LDA 3EQ DEC LDA DEC BEQ RTS L DA SEQ DEC RIS JSR WAIT_START POWER_MOTOR WAIT_START WAIT RELAY OK MOTOR_RELAY PA PASS_MTR CHK_IR_TIM CHK MOTOR RPM PASS_MTR PASS_IR CHK_MRT_TIM PASS_IR MRT_CNTO MRT_TIMEND CNT1 SET MRT ERROR CNT1 MRT ERR ERROR FG STOP MOTOR 4 CONFIDENTIAL LX 1169 Soe SET_FLASH LIGHT ode oe eoe ode ode cde ok MOTOR cimz 3 STA 200 CNTO 20SEC MRT_CNT1 MRT SEL PA STORE MRT 8280 256 CNTO 81 MRT_CNT1 SET 28SEC 50 MOTOR CNIO 9 15 T j e k KEK N RO k KOR kO oe de de e de x LOAD PASS TIME OK K k k k de e e k k k k k Kk f e k k k k e k k Kk k k K k k k k e e k k k k k Kk K K LDA STA BCLR LDA BRCLR BRCLR LDA
3. F IN THE CLAIMS 25 Amended qaraqe door operator for a darade door in accordance with claim C wherein a derived code is stored in all the available storage locations the memory selection means will select one of such storage locations and the processor means causes the derived code to be stored in that location a aswa 2 A Appln No 08 700 610 PATENT Filed August 12 1996 RE KS Reconsideration and further examination of the application is respectf ully requested I THE CONSENT OF ASSIGNEE 15 NOW OF RECORD The Examiner objected to the application under 37 C F R 81 172 a on the basis that the assignee had not established its ownership interest Office Accion 16 Enclosed is a Consent of Assignee executed by an officer of The Chamberlain Group Inc the assignee of the instant application The Consent specifies the reel and frame number where evidence of chain of title is recorded and is signed by Mark B Tone an officer of The Chamberlain Group Inc It is respectfully submitted that the Examiner s objection as to the lack of consent of assignee overcome II THE REISSUE DECLARATION 15 NOT DEFECTIVE FOR LACK OF CONSENT OF ASSIGNEE The Examiner rejected claims 20 through 45 as based upon a defective reissue declaration under 35 U S C 8251 due to lack of a consent of assignee It is respectfully submitted that w
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8. ASM INCLUDE MOTOR ASM INCLUDE IRQ ASM INCLUDE RF_REC ASM ERNKRRARARARSASERATAARAAAKSHAAT WDOG ENABLE ORG DB 0 DB 80H CLEAR WDOG WRITE 0 TO COPC ORG COPC DS 1 ORG DW TIMER DW RQ DW SWT VECTOR DW RESET END CONFIDENTIAL LX 1119 RF RECEIVER EEPROM ORCE SENSITIVITY 93C46 amp RADIO SET BUTTON SENSOR EXTERNAL WALL PUSH BUTTON CONFIDENTIAL LX 1120 EXTERNAL WALL PUSH BUTTON amp RADIO SET BUTTON SCAN KEY CALL INTERRUPT SUB LOOP SCAN KEY READ KEY 5 EXTERNAL WALL YES OVER YES TOOPEN OR CLOSE PUSH BUTTON 100 MS THE DOOR NO IS RADIO SET BUTTON ACUATED SET RADIO SET FLAG ON RETURN CONFIDENTIAL LX 1121 j RF RECEIVER CALL INTERRUPT SUB LOOP SET TO RECEIVE RF RECEIVER 24 BITS CODE CHECK SET TIMER A FOR START POINT RECEIVER SET TIMER B FOR SYNC CHECK DATA POINT CHECK TIMER YES STOP POINT END NO COM PLETED YES YES SET RECEIVED FLAG ON TIMER B CONFIDENTIAL LX 1122 MAIN LOOP MAIN PROGRAM START INITIATE ALL CLEAR amp FLAG OFF MAIN LOOP SET COUNTER A CLEAR 93C46 EEPROM ADDR 0 CALL SCAN KEY SUB LOOP READ 93C46 EEPROM DATA CALL RF RECEIVER SUB LOOP YES RECEIVED DATA 93C46 YES RADIO SET DATA O
9. VERY ERROR LDA REC DATA1 CMP EEP DATA1 3NE VERY ERROR Page 5 CONFIDENTIAL LX 1150 E Ne EEP ADDR 298 READ i LDA REC 2 EEP DATAO VERY ERROR LDA REC_DATA3 EEP DATAL VERY ERROR JSR ON LIGHT LDA 2 JSR STORE LIGHT SIRE JMP MAIN K K k k k K k kt fk ft k k k k k k k K f de k e ode k k k k f t k k eode KOK dee e e oe VERI ERROR JSR ERROR LIGHT CLI JMP MAIN Kk Ue k k k X k k k e k k e k kt k k k k k k k kt fk k k INCLUDE UTIL ASM INCLUDE TIMER ASM INCLUDE EEP ASM INCLUDE LIGHT ASM INCLUDE KEYBOARD ASM INCLUDE AD COV ASM INCLUDE MOTOR ASM INCLUDE TRQ ASM INCLUDE RF REC ASM RRR RRR k ft k k Kk kt k k dc k k k Ke f k k k k MCR WDOG ENABLE ORG LEFFH DB 0 DB 80H CLEAR WDCG WRITE 0 TO COPC ORG LFFOH COPC DS 1 ORG S1FF8 DN TIMER IRQ DW IRQ VECTOR DW SWI VECTOR DW RESET 6 CONFIDENTIAL LX 1151 SSO 44591 Bee ROM MEMORY MAP Sele NG ADDR HIGH BYTE LOW BYTE 3 Qu MSB LSB H 242 MSB LSB 2 4 5 MSB LSB 3 2 MSB LSB i E MSB LSB 2 5 LSB RANG LZH UP RANG DOWN RANG RANG ADDR EQU 128 so oe k k k k K ft t k e eo e ow KOK n SIO STAIUS EQU 0 BH SIO FG EQU 7 DATA_COLL EQU 6 X W k k k k 9 k k ede de SIO DATA EQU sek KKK KKK RRR KK KKK e de dee WREN CODE 00110000
10. LX 1485 Serial No 700 610 PATENT Filed August 12 1996 pointer is and was as of October 1985 a commonly used and well understood term for a stored value which identifies the memory address of another value 22 The IEEE Standard Dictionary of Electrical and Electronics Terms Third Edition The Institute of Electrical and Electronic Engineers Inc 1984 Exhibit for example defines pointer as a data item whose value is the location of another data item and the widely adopted textbook introduction to Microprocessors Software Hardware Programming by Lance Leventhal Prentice Hall 1978 Exhibit C defines pointer as register or memory location that contains an address rather than data See also The B086 Family User Manual Intel Corporation 1980 at 2 35 Exhibit D Microprocessor Software Max J Scnindler Ed 1980 at pp 65 67 Exhibit E ii In the case of the code location pointer its value as disclosed in the 610 application serves to identify the location within the memory of the system at which the next transmitter identity code to be learned is to stored This is precisely what the term pointer connotes the computer science art 14 Figures 3 and 4 of the 610 application describe in fcrm familiar to those skill in the art as of October 1985 zne software based control operations of the microprocessor of GDO systeir In the 610 applic
11. b 4b aa c OUR o4 e d a DEB DD s a ob Gh gt E E M lt wb 4D ub 4m Gm 4b XD c d db Ge P db ob lt gt 4 1 00 PB_DIR EU 5 1 5 6 7 6 1 00 0 1 2 1 0 3 4 5 6 A D PD DIR 7 OSIN 120UT BIT 5 ROUGE RAM SOH OBFH 2 180 28 2 2 E30 2 0 30400 300308 EEEE AER GR E E E ORG RAM CONFIDENTIAL LX 1113 KOR KOR K K KOK T E E E E OF E 40 E EOE E EEEE EEEE EEEE EE gt 2228382322 2222 23 2 332 288 0 28 0 8 208 08 03 3 0408 05 1 05 2 DS FLAG DS 2 5 EQU EQU STORE FG EQU LIGHT ON EU RF RECOK EV ASSIGN DOWN EQU EQU MOTOR FG DS DIR FG EQU IR ERROR EW LOW SPEED EQU OVER EV CK EQU MOTOR ON EQ HZ 50 EQU ERROR DS MRT EQU RPM ERR EQU IR ERR EQU ASS_DOW EV 5200 FG 84 AD SEC_CNT DS LIGHT ONTO DS LIGHT DS DS EEP DATAO DS FEP DATA DS EEP DS EEP BUF DS OS TIM IMPO DS TIM DS ns 1 L On 4 7 4 59 6 1 oU O 5 1 1 1 Ot L UP Q DOWN CONFIDEN
12. 318 266 7 2 2 42 TRANS lt 29 28 47 MEMORY 4004555 STORAGE 9 R T c 2 22 4 9 4 PROGRAM 5 MPU 4 120 738 12 978 Sandstedt 17950 B 4 178 549 12 579 Ledenbach et al 32538 R 4263536 1 981 Lee etal 118 266 List continued on next page FOREIGN PATENT DOCUMENTS 0099762A 21984 European Pat 0143309A2 67985 European Pat OF 0212030A2 3 987 European Off 031978142 61989 European Pat Off 0401673 1 111990 European Pat OF 0561361A1 9 993 European Pat OS63517Al 101992 European Pat Off 2746532 1 41979 Germany 2856337 71980 Germany 293953941 41981 Germany 294139441 41981 Germany 55 114771 1980 Japan 59 80872 51984 Japan 1423126 51974 United Kingdom OTHER PUBLICATIONS Oarageniorantr z23 Funkfernsteuerung by Torsten Meyer Staufenp el 115 117 dated 1975 Alltromk Oppos zon Buef of Jul 8 1990 corresponding to German Patent No 36 25 555 Dorma Oppositon Bnef of Aug 8 1990 of corresponding German Patent No 36 25 555 Pnmary Examirzr ioseph Ruggiero Attorney Agent or Firm Fitch Even Tabin amp Flannery 37 ABSTRACT The present inveztion comprises a system for remote control of garege doors and other devices wherein an extremely large number of codes are available for remote xransmiaers for operating the garage operator and wherein each wans muner has 115 own umque and permanent nonuser change able code The
13. LX 1575 Appin No 08 700 610 PATENT Filed August 12 1996 1984 defines load as to place data into internal storage linking this definition to another term of the software art move note is the fact that the specification uses the term move to describe the action of the memory selection switch as at Column 3 Lines 7 The switch 23 can be moved to a number of selected position indicated by the 1 through 5 so as to allow the particular code of a number of different transmitters to be stored in the receiver so that the receiver will respond to such codes And the if then nature of the disclosed code location pointer loop is typical of many if not most programming languages The popular BASIC language provides exactly this programming structure and the C language provides an if else control statement Rhyne Decl 421 As averred to by Dr Rhyne for each of the terms from Figure 3 discussed above that terminology will be readily recognized by those skilled in the art as and only as being descriptive of a software based method for moving the software memory selection switch so that it will point to a new memory location by a maintaining the value of that pointer in a memory location of its own or in a register within the microprocessor of the GDO b increasing the value of that pointer by one each time a new transmitter s identity code is to be programmed into the GDO c testing the incremented va
14. Re 35 364 Oct 29 1996 Patent Number 54 CODING SYSTEM FOR MULTIPLE TRANSMITTERS AND SINGLE RECEIVER FOR A GARAGE DOOR OPENER 75 inventors Carl Heitschel Downers Grove Colin Willmott Buffalo Grove Wayne Schindler Lisle ali of Ill 73 Assignee The Chamberlain Group inc Elmhurst 21 Appl 425 724 22 Fued Apr 20 1995 Related U S Patent Documents Reissue of 64 Patent No 4 750 118 Issued Jun 7 1988 Appl No 792 661 Filed Oct 29 1985 U S Applications 63 Conunuanon of Ser 87 142 Jul 2 1993 abandoned which 15 a conunuanoa of Ser No 715 006 Jun 13 1991 abandoned which 15 a conunuation of Ser No 398 379 Aug 24 1989 abandoned 511 Int Cho 19 00 GOSC 19 00 EOSF 15 20 S52 GL usn enn 364 400 49 25 340 825 69 340 825 73 58 Field of Search wis tae 264 130 400 364 167 01 825 04 825 3 825 31 825 44 825 56 825 69 825 71 825 72 825 73 825 74 825 75 825 76 539 542 543 49 25 28 31 70 324 318 16 262 266 282 466 468 361 171 172 455 186 1 186 2 56 References Cited U S PATENT DOCUMENTS Re 29525 1 1978 Willmott 325 37 3 211 397 10 1975 Freeny Ir cece a 340 147 MD 4 037201 7 1977 Wulmotr 340 167 R 4 081 747 21978 325 37 4 119 896 10 1978 Estes et al
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16. Acciscn Wesley Publishing Co 1971 at pp 148 151 18 As the specification of the 7610 application expiains the operations of Figures 3 and 4 are executed ne microprocessor unit 44 the receiver of the GDO system LX 1488 Serial No 700 610 PATENT Filed August 12 1996 after that system has been placed in its program mode see the IN PROGRAM MODE test at the upper right of Figure 3 and the receiver has received an identity code to be programmed or learned and after che microprocessor unit 44 has executed a software loop to determine whether or not the newly received transmitter identity code has already been stored in the receiver s memory This latter test is used to prevent a given identity code from being stored into more than one memory location 19 note is the fact that the software nature of the loop which causes the microprocessor unit 44 to test to determine whether or not a new transmitter identity code nas been received four times in a row for error protection purposes has not been questioned by the Examiner despite the fact that this loop directly precedes the disclosure which that loop for the code location pointer and uses identical flowchart symbols and similar terminology e g increment 20 The code location pointer shown in the flow chart of Figure 3 and cited in the specification of the 610 application serves as moveable identif
17. Claim 1 covers a mechanical memory selection switch The accused Intellicode system in contrast selects memory locations with a software program not with a mechanical switch Thus the memory selection switch as correctly construed is literally absent from the Intellicode Therefore the Intellieode does not literally infringe claim 1 1106 Fed Cir 1997 7 81 district eourt erred howev er also deciding on summary judgment that the Intellieode did not infringe under the doctrine of equivalents The doctrine of equivalents requires that the accused product contain each limitation of the claim or its equivalent See Warner Jenkinson Co v Hilton Davis Chem Co 520 U S 17 40 117 S Ct 1040 187 L Ed 2d 146 41 USPQ2d 1865 1875 1997 element in the accused product is equivalent to a claim element if the differences between the two are insubstantial to one of ordi skill in the art Warner Jenkinson 520 U S at 89 40 117 S Ct 1040 Hilton Davis Chem Co v Warner Jenkinson Co 62 F 3d 1512 1517 35 USPQ2d 1641 1644 Fed Cir 1995 em banc on other grounds 520 U S 17 117 S Ct 1040 187 L Ed 2d 146 1997 district court found as matter of law that the Intelli eode had no equivalent of the memory selection switch claim element 9 10 Although equivalence is a fac tual matter normally reserved for a fact finder the trial court should g
18. The door arm must pivot freely Connect the two Door arm so that it leans toward the power unit as illustrated fig 108 Do not install the door arm so that is straight up and down when the door 15 closed or the emergency release will not function property Now attach Door Arm to Trolley using 5 16 x 1 Clevis pin and clip Step 7 a double overhand knot in one end of the Emergency Release Rope and slip the other end through the Red Release Knob the Release Instruction Card and the noie at the end of the Release Lever on the Trolley Please take time now to read and familiarize yourself with the instructions on the Emergency Release Label Figure 10C Tie a second double overhand knot in the free end adjusting the Rope so that the Red Knob is 6 FT above the floor if the Rope must be cut flame seal the cut end with a match or lighter to prevent fraying or unraveling Note The Emergency Release Mechanism s engaged by pulling the Release Knob down and towards the door ailowing the Trolley Mechanism to separate freeing the door re engage simply move the Emergency Release Mechanism Lever upwards and operate the Opener using the push button or Transmitter The two parts will automatically reconnect Note This operation should be attempted only when the door is fully closed Disconnection when open or partially open can cause the door to close quickly and cause personal injury or damage to the door Use Manual Release Rope to Diseng
19. U amp DD Or Ul i OO YY OY PW N FP OCF I t2 P P P mp rp pP P UJ 1 UP 0 DOWN SCONTER O TSEC 20 28SEC Page 2 CONFIDENTIAL LX 1147 Woe mes gt s j 5 MTR 25 d 1 7SEC PASS MTR 2 PASS IR 25 1 WALT START 25 1 DM 25 1 RPM TMPO 95 1 RPM 1 25 1 PM CAL2 2 1 PSM CALI DS 1 RPM CNTO DS 1 RPM CNT DS 1 CNT2 DS 1 SENSOR_CNT Ds 1 REC DATAO DS 1 REC DATA1 DS 1 REC DATA2 DS i REC DATA3 DS 1 REC CNT DS 1 ASSIGN CNT DS RF OLD CNT DS 1 RF OLD DS 1 j de oce ce e KKK KEKE KKK oe ok oi o ok xf LIMIT SW 25 1 UIMIT ONT 2S 1 RTMPO DS 1 RTMP1 DS 1 ADC DS 1 TMP1 DS 1 k k t x kt k X k K k de o Ok k KOR k ORG 100H RESET SEI RSP CLEAR STACK POINT JSR DELAY_1S JSR CLEAR_RAM JSR INIT Page 3 CONFIDENTIAL 1148 JSR 255 JSR Vy iy ui 4 1 1 tt rd E tx H H 24 D kd rd e p z G2 Kk x K X k KK ox w 0X 0X k k k X K k k k k k k t k k k k k KKK k k k t KK k k T r MALIN LDA 0 S COPC JSR TEST 5 SAMP AD ERROR FG NO RPMS BCLR SAMP AD ERROR FG JSR READBOX NO RPMS LDA 2 STA CLR SER NOISE BRSET RF IN PA NOISE DEC TMP0 SER NOISE NOISE 3 5 DEC TMP1 BNE SER NOISE NOISE 3MS OKOk Ok K k REE kk e e K K K k k k
20. restored to the unit Keep a transmitter with you N control the opener Now that you have power 70 the photo eyes the LED close to the terminals on the eyes will be lit up If the LED doesnt light up check terminal connections and wire 2 Go to the receiver side of the photo eyes eye with LED in the frant Aim towards the other eye as close as possible and tighten down the screws holding the eye to the mounting bracket 3 Goto the transmitter side of the photo eyes other side and aim the eye twisting slowly and aligning with the receiver When tne LED in the receiver comes on you are aligned Tighten down screws on the transmitter 4 Place your hand or a solid object one foot in front of the transmitter or receiver The red LED should go OFF and remain OFF untit the object is removed NOTE Figure 138 There may a slight delay in returning to normal depending upon how long the photo eye system was blocked 5 Move to the center of the door Make sure the red LED light is On Move your hand or a solid object slowly 1 through the beam The LED should go Off and On If not check alignment of the systern 6 At this time set the down limit Page 14 and reversing system adjustment Page 15 the opener it is very important that the Openers inherent features operate as intended before completing the photo eye system tests 7 Place an object at least 6 high on the floor at the center of the door Now attempt to close the door
21. Appeals reviews de novo 112 16 Patents 323 2 3 Genuine issue of material fact as to whether aecused remote control garage door opener system used structure equiva lent to memory selection switeh means eneompassed by patent precluded sum mary judgment for patentee on its claim that accused system literally infringed the patent 35 U S C A 17 Patents 7226 1 An accused device satisfies means plus function element literally if it per forms the identical function required by the limitation and incorporates the struc ture disclosed in the specification or an equivalent thereof 18 Patents 2226 71 A structure an accused device is equivalent to the disclosed structure corre sponding to a means plus function element in a patent claim if it is insubstantially different from the disclosed structure 19 Patents 22101 2 Term switeh moveable in patent for remote control garage door opener system which represented program operate switch meant a moveable switch connected to the microprocessor having at least two positions and did not require that each switch position be stationary and complete ly user selected thus that element was present in accused system which had two position spring loaded push button switch even though accused switch re turned to stationary position when user released the push button 20 Patents gt 101 2 First switch means for selecting be tw
22. LDA 00011000 STA MOR2 JSR DELAY 15 JSR CLEAR_RAM JSR INIT IO LDA 80 STA REC CNT MAIN BRCLR IN IRQ PA S LDX 80 BRSET IN IRQ PA S REC LOP LDA O STA SIO_CTRL LDA 01000000 STA SIO_DATA STA SIO_CTRL BRCLR SPIF SIO_STATUS LDA SIO DATA STA REC DATAO X INCX amp DATA LONG CPX amp 5 REC LOP Page 2 CONFIDENTIAL LX 1141 BCLR 3 LDA 80H CMP REC_DATAO BNE MAIN LDA DATAO REC 0 3 LDA 1 CMP REC_DATA0 4 BSET 3 PA_DIR BSET 3 PA JMP MAIN LDA 60H STA CMP INDEX LDA 0 STA REC_INDEX STA CMP_CNT STA COPC CMP LOP LDX REC INDEX LDA REC DATAO X LDX CMP INDEX 0 X BEQ OLD DATA BSET ERR DATA FLAG JMP NEX DATA OLD SATA INC CMP INDEX INC REC INDEX LDA amp DATA LONG CMP REC INDEX BNE CMP LOP BCLR ERR DATA FLAG JMP MAIN COMP 1 INC LDA CMP_CNT CMP REC_CNT BCC ANY ERR 80 5 REC_INDEX LDA CMP_CNT cue ROLA Page 3 CONFIDENTIAL LX 1142 o Tw ADD STA LDA SNE 60H CMP INDEX 4DATA POS CMP CNT CMP LOP ERR DATA FLAG NEW DATA MAIN ERR FLAG MAIN lt Io Oc 0 or MOVE COMP END LDA CLC ROLA ROLA ROLA INCA ADD STA LDA STA LDA LDA LDX STA ING LDA CMP BNE INC LDA CMP B
23. No 08 700 610 PATENT Filed August 12 1996 in the field of the invention of remote controlled openers for garage doors Even though Pinnow makes a passing reference to the use of a fiber optic relay for opening a garage door he specifically refers to actuating a lock mechanism on the garage door Pinnow 397 patent Col 9 lines 58 61 lock mechanism disclosed by Pinnow is a signal receiving unit and latching mechanism Col 7 lines 8 40 That mechanism however does not teach a garage door opener wherein a motor is actuated to move the door up or down Even the emitting end of the fiber optic relay still requires the arm s length and line of sight actuation which would make the Pinnow patent impractical for a garage door operator Willmott Decl 14 Also the Pinnow patents are classified in 340 825 56 340 825 72 and 361 172 The subject application is classified in 340 825 69 The Patent No Re 35 364 is classified in 364 400 49 25 340 825 69 and 340 825 73 These disparate classifications by the PTO further evidence that the Pinnow patents are non analogous prior art person skilled in the art would not consider a fiber optic relay operated by an infrared light beam emitted by a watch to solve the problem of DIP switch miscoding and lack of security in radio frequency transmitters Willmott Decl 414 Thus the Examiner can not rely upon the Pinnow patents as prior art 3 Tolson Is Non Analogous Art Because It Doe
24. PASS TIM OK STA JSR JSR JSR RTS PASS_MTR_TIM PASS_MTR LOW SPEED MOTOR FG KPASS IR 1 75 HIGH LIMIT PA PASS OK LOW LIMIT PA PASS TIM OK PASS IR 0 5SEC PASS IR ON LIGHT READ RANG SET READ RPM ck K e cde ce oe oe oce KK k k oe de ode oe k he ode x veo READSOHZ BCLR BSET NOP NOP BRSET BCLR ul C2 U u BSET RIS SET l SOHZ SCLK PB DIR CHANG TO IN HZ 50 MOTOR FG SCLK PB SETSOHZ TEST HZ 50 MOTOR FG SCLK PB DIR CHANG TO OUT Page 5 CONFIDENTIAL LX 1170 td r n r Uu 2 5 i REC SER STARTBIT SER START OK C 2 PY b UJ UJ UJ U CLR CLR LR CLR LDA STA LDA STA BKCLR DEC BNE BEQ JSR JSR JSR CLE SRCLR SEC ROL ROL ROL ROL JJ L DA STA EC 4 th F1 b Ui 3 RF INPUT PA NO RFIN 593 46 RF INPUT PA NO RFIN REC DATAO REC DATA1 REC DATA2 REC DATA3 828 REC CNT 80 TMPO RF INPUT PA SER START OK TMPO SER STARTBIT NO RFIN DLY 250US RF INPUT PA WAIT DATA RF INPUT PA NO RFIN DLY 250US DLY 250US RF INPUT PA SET DATAO REC DATAO REC DATA1 REC DATA2 REC DATA3 DLY 25009 480H RF INPUT PA STOPBIT TMPO Page 1 START SEAR START DATA STOP READ DATA BIT
25. READ BIT 120 WAIT STOP 120 CONFIDENTIAL LX 1171 U u UJ rq gt NE lt bh s NONE MD x I as I LDA BNE BSET LDA STA LDA STA NO RFIN RTS AJ tty f ul 3 AAIT_STOPBIT NO_RFIN DLY_250US RF INPUT PA NO RFIN REC CNT REC LOP w lt NM lt IIO 1 3 REC DATAO REC 1 REC DATA2 REC DATA3 RF RELS OK OFFH REC DATAO RECOK REC DATA1 RECOK REC DATA2 RECOK REC DATA3 RF RELS OK RF OLD CNT RF RELS OK RF RECOK FLAG 87 RF OLD CNT DLYO1S RF_OLD_CNT1 ce ce oe ce ERE KEKE KEKE KEK EERE KEKE DLY 25005 LDA STA DEC BNE RIS 452 52 DLY120LOP ck 3e ce e de e ce x x oe k oce eK 4 DLY 10075 STA SLY LOO LOP TMP1 ADC TMP1 Page 2 CONFIDENTIAL LX 1172 2 4 th 1 3 ip 3NE DLY1L00L 9P SIS SAA D 80 STA EEP ADDR CHK LOCP JSR READ EEP INC EEP ADDR LDA EEP DATAO CMP REC DATAO 3NE NO MACHWORD LDA EEP 1 CMP REC 1 BNE NO MACHWORD JSR READ EEP LDA EEP DATAO CMP REC DATA2 BNE NO MACHWORD LDA EEP DATAL CMP REC DATA3 BEQ PASSWORD OK koe k k amp k k k k k k k k kt k k k k k k k k
26. The Honorable Rebecca R Pallmeyer LYNX INDUSTRIES INC a Canadian Corporation and NAPOLEON SPRING WORKS INC an Ohio Corporation uns V N w Defendants Supplemental Declaration of Thomas A Gafford l My name is Thomas Austin Gafford I have been retained as a technical expert in this matter on behalf of defendants Lynx Industries Inc and Napoleon Spring Works Inc collectively by the law firm of McDonnell Boehnen Hulbert amp Berghoff 2 I am competent to testify to the matters set forth below because of my extensive experience and education in electrical engineering and in particular digital circuit and computer software design My curriculum vita is attached to this declaration as Exhibit 1 3 I have read and I am familiar with the Declaration of Dr V Thomas Rhyne submitted by Chamberlain in support of its motion for a preliminary injunction in this case I incorporate herein by reference my earlier declaration dated October 28 2000 which I provided to support Lynx s motion for summary judgment of non infringement 4 I completely disagree with Rhyne s statements that the Lynx products any type of switch that 15 capable of selecting a memory location to store newly received transmitter codes Indeed as my earlier declaration states the Lynx product is designed to store each newly received code in the exact same memory location as each
27. The opener must be securely fastened to a structural support of the garage Aithough there are a senes of mounting siots provided on the power unit try to secure the mounting hangers to the siots closest to the front Mounting may usually be accomplished by using standard 1 1 4 perforated steel angle available at most hardware stores or from your local garage door service person If in doubt as to location of and attachment to ceiling joists a carpenter should be contacted to provide assistance A cross support will be necessary if power head is mounted 8 or more from the ceiling See figure 9C Fasteners Supplied 2 ea 5 16 18x 1 7 8 Lags 4 ea 5 16 18 x 1 1 8 Hex Blots with Lock Washers and Nuts Step 5 Re check all Lags Nuts and Bolts for Tightness LX 1098 Figure 10 Door Bracket at Center of Door Botts 2 Figure 108 Figure 10 Double and Flat Washer Lock Nut Door Arm Straight Door Arm Curved Header Bracket 4 772 15 20 Degree a Door Overhand Knot Step 6 Door Arm Bracket and Plate Installation install the door mounting bracket on center and even with the top set of roilers on the door as illustrated Figure 10A Fasteners supplied 2 ea Carriage Boits and Nuts 1 4 18 x 2 1 4 with Flat and Lock Washers Connect the straight door arm section single hole section to the trolley using a 5 16 x 1 Clevis pin and
28. This is because there is no such function in the accused Guardian devices The Guardian GDOs always store each newly received transmitter code in the same memory location 0 1 Exhibit G Since there is no code location pointer to increment by there can be no checking function see if the value is over five Id And likewise there can be no resetting the pointer to one Jd D The software controlled memory selector Is A New Claim Element Chamberlain s argument that the software controlled memory selector should have a different meaning and scope than the other claim terms used to describe the software Memory Selection Switch is ridiculous The term software controlled memory selector is not used or mentioned anywhere in the patent specification The only remote reference is the one instance in the specification that refers to the selector switch 23 Col 4 line14 Switch 23 as shown in FIG 2 1s none other than the mechanical Memory Selection Switch There is absolutely no 12 intrinsic evidentiary support for Chamberlain s contention that the software controlled memory selector is anything but the same Memory Selection Switch that is common to all the asserted claims Any other conclusion runs afoul of 35 U S C 112 A phrase added to a claim by amendment cannot enlarge the scope of the claim beyond that supported in the specification and cannot change the disclosure in a way cont
29. WRDS CODE EQU 00000000 ERASE CODE EQU 11000000 WRITE CODE EOU 01000000 READ CODE EQU 210000000 k ki 3 FIN DALLA me ii ee SEND DATAS STA EEP BUFI LDA 8 STA Bee CNI SEND LOP ROL BUFI BCLR SDO PB BCC SET DATO BSET SDO PB SCLK PB SEC SDI PB REC DATI CLC Page 1 CONFIDENTIAL LX 1152 X e e de e k k X lt w WT ode ode oe ode oe ode Kk KEK KK READ OUT CK Kk oe K ce Ck oe X k K cde k k k k k t k k o x 1 STAUP ZE ACC ROL BCLR SEG BNE LDA SS BSET BECLBE BCLR SEND LOP EEP BUF 593 46 SDL PBS 593 46 k kk kk eoe oe eode kk kk kk kk k KKK k kk BSET BSET BSET BCLR RTS 593 46 SDO PB SCLK PB SCEA PB k k kt k k k k k K k k k k kt k k kt k k k k k de k k K READ STA JSR LDA ORA JSR JSR STA JSR STA BCLR RTS SCER JSR LDA ORA SSR EEP ADDR STAUP_EEP EEP ADDR READ CODE SEND DATASB SEND DATA8 EEP DATAO SEND DATAS8B EEP 1 593 46 x xe oc oe oe ode ode oF oce oe oe oe ode ok oe oF o o ok ie ok ADDR STAUP EEP amp WREN CODE SEND DATAS 593 46 STAUP EEP EEP ADDR ERASE CODE SEND DATAS 1 Page 2 Ul E WAIT BUSY RE SEhEGT SEND START RE SELECT WRITE ENABLE ERASE ADDR CONFIDENTIAL
30. as admitted by the Examiner on page 9 of the Office Action discloses a single transmitter which has user changeable DIP switches for changing the code see col 3 lines 27 39 In the non analogous Pinnow patents the code stored in the memory of the watch for use by a lock receiver is user changeable The user selects whatever code the user desires by depressing the code key 24 for a selected length of time for each digit of the code see Pinnow Pat 397 col 8 lines 26 54 Contrary to the Examiner s comments on page 12 of the Office Action the Pinnow 397 patent does not disclose fixed code transmitters for a single receiver in its description of the prior art Also the Pinnow patents disclose replacing a typical key with a user changeable code transmitter not with a non user changeable code transmitter as asserted by the Examiner Office Action p 13 23 LX 1585 Appln No 08 700 610 Filed August 12 1996 There should be no doubt that the non analogous Tolson patent does not disclose transmitters with different non user changeable codes and the Examiner does not assert that it does The non analogous Early patent does not disclose a plurality of transmitters much less radio frequency transmitters having different non user changeable codes The mechanical keys of Early are not radio frequency transmitters or any other kind of transmitter and the pattern of the light reflecting means is not a c
31. associated electronics and optics Responsible for circuit and microprocessor software issues 6 89 to 9 90 assisted Motorola Inc in patent and contract case against Hitachi Ltd of Japan involving analysis of MOS integrated circuit related patents and contract disputes centered around comparisons of software and hardware characteristics of microprocessor components Responsible for coaching industry leaders as testifying experts in issues involving microprocessor architecture and circuit design gafford c v page 6 Seot 7 2000 2 89 to 11 92 assisted criminal defendant matters related to destruction of defendant s data kept on IBM compatible PC disk system Work includes analysis of data structure of all areas of disk seized by authorities 2 88 to 10 89 further work with IJR attorneys in patent infringement suit against Sodick company of Japan and their U S subsidiary same technology as below with emphasis on extensive analysis of software involved in patent infringement 3 88 to 10 88 assisted Westek of San Diego in patent infringement suit against Lite of Chicago IL to analyze circuits involved in lamp dimmer modules Managed creation of animated model of patented invention and accused infringing circuit Responsible for developing case position relating to transistor circuitry issues and for testifying 6 87 to 1 90 assisted Business Records Corporation to analyze prior art patents in the area of
32. decoder then decodes the transmitter signals and sends the decoded signals to a microprocessor for further processing Exhibit P Para 7 Gafford s Second Supplemental Following the reasoning in Atlantic Chamberlain has consistently used the term decoder throughout the patent specification and has provided no alternatives thus no greater breath than what was originally disclosed by Chamberlain can be accorded Bell Atlantic Network Serv v Covad Communications Group 262 F 3d 1258 1271 Fed Cir 2001 Mr Gafford s study of the accused Guardian GDO reveals that it does not have a decoder as that term 1s used in the asserted claims 16 8 The Guardian GDO specifically the controller does not include a separate and independent decoder device such as the decoder illustrated in Figure 2 of the 364 and the 703 patents Rather when the Guardian GDO receives a transmitted code the transmitted code is received by a radio frequency demodulator The output of this demodulator is directly connected to a CPU not a separate and independent decoder device There is therefore no separate and independent decoder unit connected between a receiver and a microprocessor as those terms were used by the inventors of the 364 and the 703 patent Exhibit P Gafford s second supplemental declaration Because the Guardian GDOs do not have a decoder there can be no literal infringement Although Chamberlain did not
33. increment as to add a quantity to another quantity for example to advance the count or number stored in a counter or register The 1993 edition of the IEEE Dictionary Exhibit 1 promulgated the standard definition increment as to increase the value of variable by one The IEEE Dictionary 2984 B defines load as to place data into nternal storage linking this definition to another term of the software art move Of note is the fact that the LX 1490 Serial No 700 610 PATENT Filed August 12 1996 specification of the 610 application uses the term move to describe the action of the memory selection switch as at Column 3 Lines 7 The switch 23 can be moved to a number of selected position indicated by the 1 through 5 so as to allow the particular code of a number of different transmitters to be stored in the receiver so that the receiver will respond to such And the if then nature of the disclosed code location pointer loop is typical of many if not most programming languages The popular BASIC language provides exactly this programming structure and the C language provides an if else control statement 22 For each of the terms from Figure 3 discussed above that terminology will be readily recognized by those skilled in the art as and only as being descriptive of a software based method for moving the software memory selection switch so that it will point to a new
34. lt gt 766 Court of Appeals reviews a district court s grant of summary judgment with out deference 2 Patents 2324 5 Court of Appeals reviews the district eourt s construction of a patent claim with out deference 3 Patents 314 5 Whether accused device exactly con tains each element of a patent claim as properly construed or its equivalent is a determination of fact 4 Patents lt gt 101 2 Term memory selection switch in patent for remote control garage door opener system meant a mechanieal device separate from the microprocessor with different positions each position corre sponding to a different location in memory thus enabling the garage door operator to Store codes in different memory locations REPORTER 3d SERIES o 9 Patents 226 6 Literal infringement of a patent claim requires that every limitation recited in the claim appear in the accused device that is that the properly construed claim reads on the accused device exactly 6 Patents 22238 Patent for remote control garage door opener system containing element of me chanical memory selection switch was not literally infringed by accused system that selected memory locations with a soft ware program not a mechanical switch 7 Patents 237 Finding of infringement under doc trine of equivalents requires that the ac cused product contain each limitation of the patent claim or its equivalen
35. sor s memory Rather the Intellicode en crypts the transmitter code for transmis sion ereating a different string of bits the so called hopping code The Intellicode microprocessor in program mode stores a secret key yet another string of bits and thereafter in operate mode uses the secret key to verify authorized i e previ ously learned transmitters These fea tures of the Intellicode as explained above however do not avoid literal in fringement of the different codes ele ment Thus this court affirms the district court s construction of the different codes element and its finding that this element is literally present in the Intelli code In conclusion this court affirms the dis trict court s grant of Overhead Door s mo tion for summary judgment of no literal infringement of claim 1 but vacates the summary judgment of non infringement under the doctrine of equivalents Specifi cally the district court correctly found as a matter of law that the accused device ally includes the switch moveable and different codes claim elements and does not literally include the memory selection switch element district court erred however in deciding on summary judg ment that the accused device does not contain an equivalent of the memory se lection switch This court concludes that this is a genuine issue of material fact to be determined by a fact finde
36. 006 spueowt gr fo wuwarechueq 2 5202 pepdda ood Dum 7 01 04 2 59 enqueue AQ Ve APO ESA 1 dino pue ADL 22A Ut 2 23213 Ot NOU ONn Nid 1 1 3T18V1 go9rot6 Det odre oat grup g usare qoe uno Agane diy euro 12018 WOd3 11295 291 1075 897066 Duoga ul ole AV s 2 soon JOSE pus OIOS dIOd seed 002 lt vonuen veg a sepa 31 44 poe peus aeg vopard WQ 91 x rb SON vopeiado Addns efbutg saunivas cttrH2Ot1211W B gt 4 e LX 1129 oa e Pe N ig U ff ey 1t Agenuenbes pino ind OG sut uo pesserppe en jn winp sindino vorpruitu SUL OVE 4 lt FFn u c suoqonimus PUS Iuepuedepu ep uonoruisut 9 p vomer3 pmous pus suomun ot pesn eq SOM OU eousqunittp
37. 5 DW 17299 12 DW 17292 22 16 4 DW 17292 22 20 5 DW 17292 22 24 6 DW 17292 22 28 7 DW 17292 22 32 8 18872 DW 17292 22 36 9 DW 172924 22 40 0 16952 40 n DW 17292 22 44 1 DW 17292 22 48 2 18392 319 5 33 6 CONFIDENTIAL LX 1179 gt CLEAR RAM LOX 50H Gul SUR X INCX CPX OCOH BNE CLR_LOP RIS 4 k K vi K Kk 15 CLR CLR DELAY E NOP NOP DEC TMPO BNE DELAY LOP LDA 0 STA COPC DEC 1 DELAY RTS k k k ove k k k k k f k k k k k k k k k k k k k k k k k K INIT LDA amp 0 STA PA LDA 00001111 STA PA DIR LDA 0 LDA 10111111 STA PB DIR LDA 20h STA PC_DIR ALL IN LDA 11011111 5 DIR ALL OUT RIS k K k Oe k k t k de k k k t k K k k k K k K de K Page 1 CONFIDENTIAL LX 1180 REISSUE LITIGATION ATTORNEY DOCKET NO 59838 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicants Cari Heitschel Colin Wil lmott Wayne Schindler Received Appin No 08 700 610 JUN 2 Filed August 22 1996 25 1998 CODING SYSTEM FOR Group 2700 MULTIPLE TRANSMITTERS AND A SINGLE RECEIVER FOR GARAGE DOOR OPENER Group Art Unit 2745 Examiner Edwin C Holloway III DECLARATION OF JAMES DAVID ROLLS anes David 1 5 deciares that Da I
38. 5 16 1 c 2 Clevis 1 2 MO Long Rope Knob 1 Carnage Bor 2 Lock Nut 1 Staples 20 1 4 20x2 5 16 18 Sp Clevis Pin 1 LX 1095 Note The L Rai Chaim Speed Unit Assembly with Trolley and Front Sprocket is packaged separately from the Power Head Unit Refer to Page 6 for package contents and identification 1 4 Hex Flange Nuts 4 1 4 Hex Flange Nuts 4 L rai Chain Speed Unit 1 4 Studs 4 Figure 7C Step 1 Place Power Head Unit on discarded packing matenal cardboard Remove the four 4 1 4 Hex nuts See F gure 7A Save for use later Step 2 Remove Speed Unit from box Locate Installaton Hardware Package Step 3 Since L rai Chain Speed Unt comes pre assembled from factory simply position L Chain on top of the four 4 1 4 studs on the Power Head Unt Chassis See figure 7B Secure with nuts and washer removed in Step 1 Step 4 Check chain tension When adjusted properly the chain shouid show no drop and be approximately 1 2 above the base of L Raiis necessary slowly apply or release tension to the chain by turning the Chain Tension Bracket See Figure 7C Make sure the chain does not twist and re check chain alignment at drive sprocket and front idier Note Improper chain adjustment too loose or too tight can resuit in improper operation and or excessive sprocket and chain noise Step 5 Re ch
39. CNTO JSR CHK LIGHT NO OVEROSSEC RTS oce e oe ose x oe oe oe K oe ode ode s oe X INCAP IRQ DEC SENSOR CNT BEQ COMP RPM LDA IN CAP L CLEAR IRQ RTS ce k Kk k oe oe k k k fk Kk k ede oe k k k k k k k k k k k k k k k k CCMP RPM LDA IN CAP H STA RPM_TMP1 LDA CAP L 5 RPM TMPO CLR RPM CNT2 BSET SAMP_OK MOTOR_FG EDA 15 STA SENSOR_CNT LDA RPM TMPO Page 3 CONFIDENTIAL LX 1176 r SUB RPM CNTO STA RPM CALO LDA RPM TMP1 SBC RPM CNT1 STA RPM CALI CAL TIMER LDA RPM TMPO STA RPM CNTO LDA RPM TMP1 STA RPM_CNT1 UPDATE RTS k Kk Kk k k k k k k k k k k Kk k k k k k k k k ce ode k de oe dece O eoe eoe oe ode de k ke x TEST RPMS BRCLR SAMP OK MOTOR FG RPM RET BCLR SAMP OK MOTOR FG COMP RPM BRSET DIR FG MOTOR FG UP SPEED LDA DOWN RANG ROLA TAX HZ 50 MOTOR FG DW READ 50 LDA DW 60TAB X STA RTMP1 INCX LDA DW 60TAB X STA RTMPO JMP CAL LOOP DW READ SOTAB LDA DW SOTAB X STA RTMP1 INCX LDA DW SOTAB X STA RTMPO CAL LOOP Kk e k k k k k e Se f k k Kk de k Kk k k k k K eoe ode k k se eode dede X KO K k n xf UP SPEED LDA UP RANG CLE ROLA TAX Page 4 CONFIDENTIAL LX 1177 UP READ 527AB CAL TSOP RPM RET RPM ERROR C ck oe c c ck eode X ook xe ox xo UP_SOTAB OW SOTAB PS gt T LDA cm a A Dl LDA STA MP LDA S
40. Circuit opinion that supports Chamberlain s unsupported claim construction that the word code refers to previously stored transmitter codes when in reality it refers only to newly received codes The intrinsic evidence simply does not support Chamberlain s claim construction B Chamberlain Has Improperly Parsed FIG 3 Central to Chamberlain s proposed construction of the software Memory Selection Switch claim element is its wrongful attempt to convince the Court to ignore 8096 of the decision boxes of the flow diagram depicted 1n FIG 3 of the patent specification If the Court accepts Chamberlain s construction then four of the six stated functions of the software Memory Selection Switch must likewise be ignored Indeed in its brief at page 13 Chamberlain contends that only two of the eighteen decision boxes of FIG 3 need be considered to construe the Memory Selection Switch Further Chamberlain brazenly strikes out half the functions of the second box contending that the Court can ignore the requirement that the pointer value be checked and if over five reset to a value of Chamberlain has offered absolutely no support for its tortured parsing of FIG 3 Moreover Chamberlain s construction 15 completely contrary to the intrinsic evidence specifically what Mr Rhyne told the Patent Examiner years ago during the prosecution of the application The actions of this software memory selection switch are fully described in
41. LOW LIMIT EQU 5 SIN MRT SEL EQU 6 IN RF IN EQU 7 PB EQU 1 SDO EQU 5 SDI EQU 6 SCLK EQU 7 PC EQU 2 UP DOOR DEC EQU 0 DW DOOR INC EQU k DW DOOR DEC EQU 2 STORE EEP EQU 4 AD0 EQU 6 PD EQU 3 UP DOOR INC EQU 5 DI EQU i 2B DIR EQU 5 O IN PC DIE EQU 6 A D Bn Dom 7 O IN k K KH K k K KEK KEK ARAM ce e ce e c xc dC o ode oe X ce ode ode cle e oc ode ove X ORG RAM 23 js IMPI oS L MEZ 25 1 f CK f ck e oe ode ode ode e f Page 1 1 L OUT ONLY BIT 5 6 7 leOUT BITC 0 142 I0 34454579 1xOUT BIT 5 CONFIDENTIAL LX 1146 FLAS 25 DIM SMS EQU FLASH 23 STORE FG LION 500 RF RECOK EQU ASSIGN DOWN EQU EEP CLRFG EQU e ye ce de t Kk k ode x Kk k k k k k k k Kk t EK KEK MOTOR FG DS DIR FG EQU IR ERROR EQU LOW SPEED EQU MRT OVER EQU SAMP OK EQU MOTOR ON EQU HZ 50 EQU ck k cede k k k K k F Kk de ERROR _FG DS MRT_ERR EQU RPM ERR EQU IR ERR EQU ASS DOWN EQU SEQU FG EQU SAMP AD EQU 2 k k k k k k k k kt k k k e k k eode k Kk k k SEC CNT DS LIGHT CNTO DS LIGHT CNTi DS EEP ADDR DS EEP DATAO DS EEP DS 2 05 BUF 25 EEP BUFI DS TMPO DS Mp DS DS KEY SUFF DS KEY CNT DS JP_RANG DS DOWN RANG Ds MOTOR CNTO DS ONTO DS Pre
42. Network in trade secret litigation brought by Retrac in matters relating to transaction processing software 1 98 to 1 99 assisted Robertson Machine in trade secret litigation brought against Serpa in matters relating to NC programming information 1 98 to 8 98 assisted Emerson Electric in patent litigation brought against Quorum International in technology relating to AC motor control 1 98 to 11 98 assisted Honeywell in patent litigation brought against Foxboro in technology relating to industrial process control sensor systems 7 97 to 3 99 assisted High Performance Appliances in patent litigation brought by Worldtronics Inc In technology relating to appliance timing and control 6 97 to present assisting United Technologies Automotive in patent litigation brought by Fulhorst in technology relating to automobile alarms 6 97 assisted Harris Semiconductor in patent litigation brought against Hyundai in technology relating to static ram IC circuitry 6 97 to 1 98 assisted Card Monroe Corp in patent litigation brought against Tuftco in technology for carpet tufting machine controls gafford c v Sept 7 2000 5 97 to 9 98 assisted Raychem in patent litigation brought in technology for telephone line surge suppression 4 97 to 7 98 assisted Acer in trade secret litigation brought by Zeny and Henson Mou in technology of PC motherboard design 4 97 to 12 97 assisted Matra Enterprise Co L
43. Opener through a complete travel cycle after each adjustment Note Repeated Operation of Opener may cause the motor to Overheat and the Thermal Overioad Protection System will shut off the Opener Please wait approximately 15 minutes for the Opener to cool down and automatically reset ul 8 If the door opens completely and closes completely d 3 without reversing No adjustment Is necessary z If the door does not open completely but opens at least s five feet Increase Up travel by turning UP LIMIT screw Clockwise If the door does not open five feet Adjust Up FORCE SENSITIVITY Setting Page 15 e if Door does not close completely Increase Down Travel by tuming DOWN LIMIT screw Counter Clockwise If Door reverses in full closed position Decrease Down travel by turning Down LIMIT screw Clockwise If Door Continues to Reverse Disconnect Door from Opener use manual release Check for binding while working door manually if door binds or 15 out of balance a qualified garage door service person 1f Adjust Chig can pinned under automatic garage door no binding s found and balance seems corr Death or serious injury can result FORCE SENSITIVITY Setting Page 15 Never child walk or run under moving door Never let use door opener controls Always keep moving door in sight it person 15 pinned push control button or use emergency re e2ase Test door
44. PASSWORD JSR CHK_PASSWORD BRCLR _REOOK FLAG NOISE BCLR RF _RECOK FLAG ANY_PNT BRSET SEQU FG ERROR FG RF SEQU SEUQOR ON BRCLR IR ERR ERROR FG REM BRCLR HIGH LIMIT LIMIT SW DSP LIGHT BCLR DIR_FG MOTOR_FG JSR MOTCR PROC 5 27 DSP_LIGHT JSR ERROR LIGHT IMP MAIN REM FUNC JSR PROC NOISE JMP MAIN RF_SEQU 40 JSR SIORE LIGHT JMP MAIN 33 22222333233313214333 333 SIORE PASS SEI BCLR RF _RECOK FLAG BCLR STORE_FG FLAG LDX 10 STORE_LOP TXA JSR REDEEPl EEP ADR INC JSR DECX CONFIDENTIAL LX 1117 TAR LE dL LLL P CLR EEP ADDR LDA REC DATAO STA DATAO LDA REC DATAl STA EEP JR WRITE_EEp INC EEP_ADDR REC_DATA2 EEP DATAO LDA REC_DATA3 STA EEP JR CLR EEP ADDR JSR RED REC_DATAO BE VERY ERROR REC DATA EEP DATAI VERY ERROR INC ADDR JSR READ_EEP REC_DATA2 EEP DATAO BNE VERY ERROR REC_DATA3 ENE VERY ERROR JSR CN_LIGHT 2 JSR STORE LIGHT CLI J P MAIN ka b L L L PPP 79 535333 53955453 55223 92953 52 VERY EBRCR JSR ERROR LIGHT CLI TMP CONFIDENTIAL LX 1118 XX3X3 8x xx 36 3 INCLUDE UTIL ASM INCLUDE TIMER ASM INCLUDE EEP ASM INCLUDE LIGHT ASM INCLUDE KEYBOARD ASM INCLUDE
45. Street S W Room 112 Washington DC 20436 David O Lloyd Esq 1 copy Office of Unfair Import Investigations 500 E Street S W Room 401 M Washington DC 20436 Thomas M Schaumberg Esq Michael L Doane Esq 1 copy ADDUCI MASTRIANI SCHAUMBERG LLP 1200 174 Street N W 5 Floor Washington DC 20036 3006 Counsel for Complainant VIA FIRST CLASS U S MAIL John F Flannery Esq 1 copy Karl R Fink Esq FITCH EVEN TABIN amp FLANNERY 120 South LaSalle Street Suite 1600 Chicago IL 60603 Counsel for Complainant Ramon R Hoch Esq FITCH EVEN TABIN amp FLANNERY 1801 K Street N W Ste 4011 Washington DC 20006 1201 Counsel for Complainant Philippe M Bruno Esq DORSEY amp WHITNEY LLP 1001 Pennsylvania Avenue N W Suite 300 South Washington DC 20004 Counsel for Respondent Wayne Dalton Corporation Ray L Weber Esq Phillip L Kenner Esq RENNER KENNER GRIEVE BOBAK TAYLOR amp WEBER First National Tower Fourth Floor Akron OH 44308 1456 Counsel for Respondent Wayne Dalton Corporation W Joseph Melnik Esq Raymond A Miller Esq BENESCH FRIEDLANDER COPLAN amp ARONOFF LLP 2300 BP Tower 200 Public Square Cleveland OH 44114 2378 Counsel for Respondent Innovative Home Products Inc 1 copy 1 copy 1 copy 1 copy United States Patent 19 Heitschel et al 45 Reissued Date of Patent WIFE TL ER EE BH
46. Switch Additionally the Guardian GDOs are sold with a single transmitter and do not contain a decoder For these reasons there can be no finding of literal infringement or infringement under the doctrine of equivalents Therefore Chamberlain s motion for summary determination should be denied Respectfully submitted d By aL David M Frischkorn A Blair Hughes Thomas E Wettermann Jeremy E Noe McDonnell Boehnen Hulbert amp Berghoff 300 South Wacker Drive Chicago Illinois 60606 Telephone 312 913 0001 Facsimile 312 913 0002 Date November 2001 George M Sirilla Arthur Wineburg D James Pak Pillsbury Winthrop LLP 1600 Tyson Boulevard McLean VA 22102 Telephone 703 905 2000 Facsimile 703 905 2500 Attorneys for Respondents LYNX INDUSTRIES INC NAPOLEON SPRING WORKS INC GUARDIAN ACCESS CORP 18 CERTIFICATE OF SERVICE I hereby certify that a copy of the Foregoing Respondents Lynx Industries Inc Napoleon Spring Works Inc amp Guardian Access Corporation s Memorandum Opposing Chamberlain s Cross Motion for Summary Determination has been served on this 13 day of November 2001 as indicated on the following VIA COURIER Hon Sidney Harris 2 copies Administrative Law Judge U S International Trade Commission 500 E Street S W Room 317 G Washington DC 20436 Ms Donna R Koehnke original amp 6 copies Secretary U S International Trade Commission 500 E
47. The door should not close from the portable transmitter but will close with constant pressure from the button 8 Remove the obstruction from the photo eye system beams path Close the door Towards the bottom of the doors downward travel Carefully move your across the path of the beam at the center of the door The Door should stop pause for approximately 1 1 2 seconds and Reopen Retest breaking the beam one foot in front of both the transmitter and receiver unit while the door is moving downward The door MUST STOP and OPEN each time If not re align the photo eye system until proper operation is obtained 9 Tighten all mounting screws nuts and bolts areonrec Na Q Soener 13 LX 1102 Warning If Limits not adjusted properly the release mechanism may not work properly and door operation couid result in door damage or serious injury Note itis now necessary to turn on the power in order to run the opener to check limit settings Before doing so ensure that all mounting hardware is installed and has been properly tightened that all electrical connections are local code requirements Double Check that all ropes have been removed and that the doorway is clear Figure 14A Up Open and Down Close Limits Limit adjustments settings regulate the total amount of distance the door will travel while opening and or closing Setting the Down Limits Note Run the
48. am Executive Vice Presidenz Sales and Marketing of The Chamberiain Group Inc the assignee of the aforementioned application hereafter Chanberzlain I became employec by Chamberlain 1983 as a Vice President of Sales Marxeting for the trade side cf the business I assumea my cresent position in 1993 Ze in 1992 Chamberlain changed over its entire garage door operator line to operators that are electronically programmable for two or more different RF transmitters having unique fixed non ser changeable codes Under my direction IMR marketing research firm made annual estimates cf the market shares of major of LX 1473 DE garage door operators Based upon that market research I estimated the market shares of major brand garage door operators as follows 4 In 1993 Chamberlain had about 57 of the market for major brands of garage door operators Its total sales of garage door operators was about 206 288 000 5 In 1994 Chamberlain had about 60 of the market for major brands of garage door operators Its total sales of garage door operators was about 225 540 00C 6 In 1995 Chamberlain had about 62 of the market for major brands of garage door operators Its total sales of garage aoor operators was about 220 265 00C Ta 1996 Overhead Door one of Chamberlain s major competitors changed over its product line to garage door operators having electronic code programming for two
49. as determined by the switch 23 can be connected so that the new transmitter code would be stored in that address After all of the address storage capacity has been used additional codes would erase all old codes in the memory address storage before storing a new col 4 ll 61 68 Thus this means that after all of the memory locations are filled additional codes would erase all prior stored codes one at a time in response to new codes being stored However to reduce the issues claim 37 has been amended to overcome the Examiner s objection to the limitation erase all codes 21972 LX 157 08 700 610 Filed August 12 1996 THE CLAIMS ARE PATENTABLE OVER THE PRIOR The Examiner relies upon three art combinations to reject claims 20 45 under 35 U S C S 103 a The first obviousness rejection is based Tsubaki patent 4 385 296 combination with the Early patent No 4 369 431 Office Action 417 The second obviousness rejection is based upon the Pinnow patent No 4 665 397 or the Pinnow patent No 4 573 046 in view of the Tolson patent No 3 337 992 and the Early patent No 4 369 481 Office Action 418 The third obviousness rejection is based upon the Pinnow patent No 4 663 397 or the Pinnow patent No 4 573 046 in combination with the Tsubaki patent No 4 385 296 and the Early patent No 4 369 481 Office Action 19 The Patent and Trademark Office al
50. assert infringement under the doctrine of equivalents there could be no such finding because there is a substantial difference between the claimed decoder as a separate device connected to a receiver and MPU and Guardian s software subroutine program that is integral to its microcontroller V CONCLUSION Chamberlain s allegation of infringement fails because its proposed claim construction 15 flawed The intrinsic evidence does not support Chamberlain s attempt to expand the scope of the claims with respect to the sofiware Memory Selection Switch decoder and multiple transmitter elements The Chamberlain patent specification discloses a single embodiment of the software memory Selection Switch and makes absolutely no mention that alternative functions are possible Therefore it 1s improper to construe the disputed claim terms to have a meaning any broader than that supported by the intrinsic evidence Chamberlain s patents require a software Memory Selection Switch that performs number of functions including directing newly received transmitter codes into a memory location that 1s different from the location where the last received code was stored The Guardian does not have the claimed software Memory Selection Switch because the Guardian GDO always stores each new transmitter code in the same memory location Further 17 the Guardian GDO does not perform any of the many functions required by the software Memory Selection
51. be done strict compliance with local and state building and electrical codes Connect the power cord to a properly grounded outlet only Do not in any way alter or remove the grounding pin Photo Electrical Eyes must be installed property Opening doors must not close and Closing doors must open See test procedure page 12 and page 13 Locate lighted push button within sight of garage door away from all moving parts and out of reach of children minimum 5 above floor To reduce the nsk of injury to persons to use this operator only with a sectional door Never operate the opener if the system is not operating properly Always disconnect electric power before making repairs or removing cover Activate opener only when the door 15 in full view and free from obstructions should enter leave the while the door 15 moving Do not allow children to play near or operate the door Keep the remote control away from children After Installation is complete fasten thus manual near the garage door Perform periodic safety checks and recommended maintenance and adjustments 3 _____________________________________ ______________________ LX 1092 Product 10 Motor Permanently Lubncated thermally protected heavy duty motor with Automatic reset Opener Lights Turn on and off automatically with 4 1 2 minutes illumination for your safety and convenience Sensing System built in sensing system
52. below its top was equivalent to the claimed con tainer having a constriction above and a constriction below would remove entire ly the top of the container and over said slot limitations from the claim this court affirmed the district court s grant of sum mary judgment of non infringement 10 at 1423 24 Thus the proposed applica tion of the doctrine in Sage Products would have utterly written out of the claim not one but at least two maybe more express limitations of the claim Indeed under Sage Products equivalents theory a finding of equivalents for one limitation at the top would necessarily require writing out of the claim another limitation over said siot matter how the patentee purported to apply the claim to the accused device under the doctrine the device was always missing at least one limitation Thus the claim language spe cifically negated the patentee s equivalence theory Moreover this court in Sage Products noted that any subsequent change in the state of the art such as later developed technology would have been eligible for coverage under the doctrine of equivalents thus clearly defining at least one type of expanded claim coverage un der the doctrine Id at 1425 In contrast to the facts in Sage Prod ucts claim 1 of the 364 patent does not contain any clear structural limitations that preclude a reasonable jury from find ing a software system equivale
53. code comes from its own transmitter before activating the opening motor Before the 364 patent garage door sys tems required users to install transmitter codes manually A typical code installa tion system required the user to set matching dual in line package DIP switches on the transmitters These man ual codes had shortcomings including in stallation errors by inexperienced instal lers and limits on code length due to the size of DIP switches The 864 patent eliminates manual code switches in garage door transmitters and enables a garage door opener to learn the identities of and respond to multiple trans mitters with different codes See 364 pat ent col 4 ll 15 22 An embodiment of the invention described in the 364 patent includes two or more transmitters with lengthy factory programmed codes The microprocessor in the receiver switches be tween program and operate modes In the program mode the microproces sor stores in a memory a pre programmed code it receives from the transmitter 566 id at col 3 ll 40 48 microprocessor OVERHEAD DOOR CORP v CHAMBERLAIN GROUP INC 1265 Cite 194 F 3d 1261 Fed Cir 1999 can store multiple codes in this manner In the operate mode the microprocessor verifies that a signal matches one of the stored transmitter codes See id at col 3 ll 49 58 364 patent includes eight claims all of which Chamberlain asserts i
54. controller Two software location pointers are disclosed in the 433 patent which show that the 610 application was referring to software pointers 15 LX 1496 yal No 700 610 283 August 12 1996 i and not a mechanical switch when it used the term code location pointer in Figure 3 25 first software pointer disclosed the 433 patent is used to address the four separate memory locations which hold the four digit security code defined by the user for manual activation of the garage door operation mechanism through the use of a keyboard 36 second software pointer WORDPT is used only during the transfer of data between the volatile RAM of that patent and the non volatile EEROM a means of preserving data snould the power supply to RAM be interrupted See cclumn 19 lines 38 40 433 patent 37 is therefore my opinion that in light cf che disclosure in Figure 3 of the drawings of the 610 application the specification of that application and the disclosure of the Schindler patent that one of ordinary skili in the art applicable to the 610 application would be to conclude that in addition to the disclosure of a hardware method and apparatus for controlling the addressing process used to learn multiple transmitter identity codes the application provides an enabling disciosure of a software method for implementing that process 11 statem
55. ed We believe the aforesaid Letters Patent to be wholly or partly inoperative or invalid by reason of our claiming less than we had mght to claim in the patent More specifically we believe the sole independent original claim i e claim 1 of the 118 and now claim 1 ot the 364 patent is too narrow in three respects c The claim requires a switch movea ble and a memory selection switch but should have required a first switch means and a memory selection switch means respectively because switch means includes electronic switches as well as mechanical switches J A at 5888 emphasis added While this statement weighs against construing claim 1 to include software operations it gives a broader reading to claim 5 This statement evinces the patentees use of the term switch means to include microprocessor operations driven by software ie elec tronic switches as opposed to a mechani eal switch of Figure 2 The patentees use in claim 5 of the term switch means rather than switch and being adapted to select rather than setable and set to describe software operations further sup port a broader construction Later in the reissue proceedings the patentees argued in response to an antici pation rejection Applicants method and apparatus is in tended to simplify the remote control of equipment by code transmitters Such simplifications are pr
56. electronic voting machines to determine whether patents held by BRC and by Shoup Corporation were valid and whether equipment made by either company infringes the other s patents This analysis entails understanding low level analog electronics and standard and semi custom LSI digital circuitry and software 11 85 to 1 87 assisted IJR Ltd of Japan to analyze prior art patents and schematic drawings of EDM Electrical Discharge Machining equipment to determine whether patents held by IJR were valid and analyzed schematics of EDM equipment sold by Colt Industries Elox division to determine if that equipment infringed the IJR patents This analysis entailed understanding of low and high level analogue electronics circuitry as well as computer circuitry and software 1 81 to 2 82 assisted Microcomputer Systems in Sunnyvale Calif to analyze prior art consisting of logic schematics of computer equipment made by IBM and DEC to determine whether they invalidated patents held by DEC on their MASSBUS This analysis required understanding of several different families of digital logic and styles of schematic drawings gafford c v page 7 Sept 7 2000 Listing of Materials Reviewed In Preparation of My Declaration 1 Assembly source code for the for Lynx products 2 Chapter 2 of Leventhal s book Introduction to Microprocessors Software Hardware Programming 3 Introduction to Klingman s book Microprocessor Systems Design 4 Instal
57. functions to store a first transmitter code in a first memory storage location and that functions to store a second transmitter code in a memory storage location that is different from the first storage location As described more fully below Chamberlain s proposed claim construction is legally wrong primarily because it ignores the intrinsic evidence it relies wholly on contradictory extrinsic evidence it improperly expands the scope defined by the patent specification by ignoring required functions and it specifically ignores the requirement that each newly received transmitter code be stored in a memory location different from the location used to store the last received code II CHAMBERLAIN S CLAIM CONSTRUCTION IS FLAWED Chamberlain s basis for asserting infringement is based on a legally flawed construction of the Memory Selection Switch element In order for Chamberlain to read its patent claims on the accused Guardian GDOs the claim term code must have a meaning that is completely contrary to that stated in the patent specification the file history and the meaning set forth by the Federal Circuit in Overhead Door Corp v Chamberlain Group Inc 194 F 3d 1261 Fed Cir 1999 Exhibit E Likewise Chamberlain has improperly dissected the flow diagram of FIG 3 of the patent specification to support its flawed claim construction without citing any evidentiary authority Finally Chamberlain has failed to show that the accu
58. history of the reissue application as explained later DETECT e START BIT COME IN 1 25 TIMER ING YES GET TIMER AND SAVE SYNC TIME _ CLEAR RESTART TIMER g COME o DETEMINE THE INTEGRA MULTIPLE WITH RESPECT TO THE SING TIME STORE CODE REGISTER p nr Figure 3 the two dialog boxes the 194 FEDERAL REPORTER 3d SERIES In reaching this claim interpretation this court considered but rejected the con tention that Figure 3 discloses as part of the claim a software embodiment for the switch of claim 1 Figure 3 of the 364 patent shown below ilustrates how the invention receives and validates codes A IN RROGHAM 92447 MOD gt 77 INCREMENT THE D COUNTER STORE COOE AT LOCATION POINTED TO THE LOCATION POINTER POINTER WITH ONE code location pointer increment ing lower right corner refer to storing the the code location pointer and load ing code at the location pointed to by the OVERHEAD DOOR CORP v CHAMBERLAIN GROUP INC 1269 Cite as 194 F 3d 1261 Fed Cir 1999 the code location pointer with a value of one 7364 patent however does not indicate whether the code location point er 15 particular embodiment of the switch of claim 1 or some other un claimed eompon
59. in electrical or computer engineering and at 8 LX 1570 f Appln No 08 700 610 PATENT Filed August 12 1996 least two years of experience in designing microprocessor based control systems including significant experience with the creation of microprocessor software programs for controlling such systems and with wireless garage door opener GDO systems Rhyne Decl 47 Based upon his review of the specification Dr Rhyne found the specification to clearly disclose to one skilled in the art the description of two embodiments for storing and locating transmitter identity codes in the memory of the receiver Rhyne Decl 48 As the Examiner has recognized the first of these embodiments includes a system incorporating a GDO which makes use of a hardware memory selection switch 23 for determining the specific memory location at which each newly received transmitter identity code is stored as it is programmed or learned by the GDO Because the disclosed memory selection switch 23 is of a hardware nature a manual action by the user is required to move the switch from a first position to a second position and so forth as successive transmitter identity codes are programmed into the opener Rhyne Decl 49 As averred to by Dr Rhyne the specification also provides a clear obvious and readily understandable disclosure of another embodiment of the disclosed GDO system This second embodiment includes a software memory sel
60. memory location by maintaining the value of that pointer in a memory location of 125 own Or in a register within the microprocessor of the GDO b increasing the value of that pointer by one each time a new transmitter s identity code is to be programmed into the GDO c testing the incremented value of the pointer to see if it has moved past the end of the memory area designated for 5 the programmed transmitter identity codes and d i the end has been passed loading a new value into the pointer which will reset it to its starting value 10 Lx 149 Serial No 700 610 PATENT Filed August 12 1996 23 Despite this clear disclosure the Examiner on Page 8 Lines 9 to 14 of his May 1 1998 Office Action states the opinion that There is no indication that the incrementing of the location pointer in Figure 3 is a separate software emboa ment and this incrementing is interpreted by him controlled by movement of switch 23 to the next position based several references to switch 23 determining the memory location in applicant s disclosure has made tnis Statement despite the obvious software based nature of the disclosure made in Figure 3 and Column 4 and in a reversal of his previous agreement that the specification of the 118 patent did disclose a software embodiment 24 In making the assertion quoted above the Examiner has properly cited the several references made in the specification of th
61. opener monthty Gere Page e v obegcti r 2 s 4 qti oer varie GP ong 14 LX 1103 isitivity Adjustment Figure 15A Q 15 WALL BOX RADIO SET BUTTON Warning Improper Adjustment of Sensitivity System Force Could Cause Entrapment Injury or Death Set Adjust For Just Enough Force To Operate The Door Reliably But No Stronger Do Not Over Adjust Force Sensitivity System To Compensate For A Poorly Working Sticking or Binding Door Contact a qualified Garage Door Service Person to Correct any binding sticking and or other door problems Force Sensitivity Adjustment Force Sensitivity Adjustment Controls are located the Back Panel of the Opener See Figure 15A Up and Down sensitivity adjustment are independent of one another indicates more force and indicates more sensitivity Never change the Force Sensitivity setting by more than 1 increment at a time Note Force Sensitivity is set at level 1 at the factory both for the up and Gown adjustments The size and operating conditions of the garage door will determine the correct level of Force Sensitivity Weather conditions may aiso affect the operation of the door requiring further adjustments as needed Note if the down pressure adjustment 15 set too light the UP operator will reverse in the down cycl
62. or more different RF transmitters 8 in 2996 Chamberlain had about 62 of the market for major brands of garage aocor operators Overhead Door s share cf the market for major brand garage door operators that was about 24 1 estimate the total market share of major branc garage door operators attributable to Chamberlain s electronic code technology to be about 86 Chamberlain s total salies of garage door operators was about 242 744 000 9 In 1997 Chamberlain had about 58 of the market fcr ma vor braras of garage door operators Overhead Door s share of tne market for major brands of garage door operators was about 33 1 estimate the total market share of major brand garage door operators attributable to Chamberlain s electronic portion of the garage door operators soid by Chamberlain 1993 1994 had application integrated circuits rather than microprocessors LX 1474 code technology to be about 91 Chamberlain s total sales of garage door operators was about 272 480 000 10 The total saies of Chamberlain s garage door operators from 1993 through 1997 was about 1 167 317 000 All statements made of my own knowledge are true and all statements made on information and belief are believed to be true have been warned that wiilful false statements and the l ke are punishable by fine or imprisonment or both 18 U 5 C 1001 and may jeopardize the validity of tne application or of
63. place a solid object 1 1 2 thick on the ground so that the center of the door will contact it Close the Door If the Down force Adjustments are Correct the door will reverse within one and a 1 1 2 seconds of contacting the object and travel to the Full Open Position Light will also start flashing and continue to flash for 60 seconds If this does not occur re check Limit Adjustments Page 14 and Force Sensitivity Adjustments Page 15 2x4 Board Laid Flat Note Any time any adjustments are made to Limits or Sensitivity You Must Retest the opener for the Reversing Feature at Floor Level as outlined above Warning The Sensitivity System Reversing Test Should Be Performed Monthly to Ensure That This Important System Remains in Proper Adjustment A Warning Damaged or Malfunctioning Photoeyesystem Could Enable a Garage Door to Close on People or Property Causing Serious Iniury or Death Perform this Test Monthiy to Ensure Proper Operation Testing the Photoeyesystem Start the door down and then place an obstacle approximately 8 high by 12 wide in the of the beam Red Pilot Light on the Silent Guard Photoeyesystem should go off The door should stop for 1 1 2 seconds and reverse to the full open position The Opener light will aiso begin flashing and continue to flash for 60 seconds IF the door is moving up and the beam 15 broken the door will continue up to full open With the door fully open and at rest place
64. plug that has a third grounding pin This plug will only fit into a grounding type outlet If the Plug does not fit into the outlet contact a qualified electri cian to install the proper outlet Do not change the plug in any way e Check to make sure the garage door s properly installed and balanced Because of the extreme tension most garage door parts are under do not attempt to adjust on your own Have a qualified garage door service person make repairs to cables spring and other hardware before installing the opener 9 Install Entrapment Warning Label next to control button Read the Control Adjustment Warning Label instali Emergency Release Tag to the Emergency Release Cord Mount the Emergency Release Knob 6 feet from the floor Use the manuali release Only to disengage the trolley Do not use the Red Release Cord and Knob to pull door up or down If possible use the Emergency Release only when the door is closed Do not connect opener to power source until instructed Install door opener 7 feet or more above floor After instailing opener the door must reverse when it comes In contact with a 1 1 2 high object Check this safety feature often Remove all ropes connected to the garage door Disengage ali existing garage door locks to avoid damage to the garage door Fiberglass Aluminum and Steei Doors must be Reinforced to Prevent Damage Consult with Manufacturer for Recommendations All installation and wiring must
65. previously received code There is software means mechanical device that selects or switches where the newly received codes are stored As to claim 29 of the 703 patent if the recited software controlled memory selector is to have a meaning it must be as described by Dr Rhyne in his declaration found in the 703 patent file history where in para 11 he makes clear that the patent specification refers to the software memory selection switch as a code location pointer He goes on to say that code is the new transmitter identity code and location is the memory address at which that new code is stored Thus the recited selector must be synonymous with switch it must function as such and is not found in the Lynx controller 6 The Lynx software does not choose from two or more alternatives for a location to store a newly received code In other words the software does not select where to store the newly received code it always stores it in the same location O 7 I also disagree with Mr Rhyne s conclusion that the Lynx product has a code location pointer None of the software on the Lynx product contains a pointer that remembers from one programming operation to the next where to store the next code 8 Rhyne concludes that the memory location ADDR in the Lynx software source code is the equivalent of the memory selection switch required by the Chamberlain patents I disagree with
66. produce microprocessor based computer peripherals in 1976 the Micro eiectronics and Computer Technology Corporation MCC and Motorola Inc 3 I am an experienced programmer with proficiency assembly programming on a wide variety of microprocessors and in a number of high level languages I also have experience with wireless transmitters and receivers and with digital coding My experience and qualifications have been recognized by the Texas Society of Professional Engineers Young Engineer of the Year in Texas 1973 the American Society for Engineering Education Terman 1980 the Institute of Electrical and Electronics Engineers IEEE Fellow 1990 ard the Accreditation Board for Engineering and Technology ABET Fellow 1952 I the author of over thirty technical papers and an award winning textbook Fundamentals of Digisal System Design published by Prentice Hall in 1973 and adopted over thirty U S and international universities 4 I have worked part time as consulting engineer for tne past twenty five years 5 My curriculum vitae is attached as Exhibit A 5 I have read tne specification cf application serial ro 790 610 hereinafter the 610 application the Office and the amendment the prosecution history of that application and the prior art that was Cited during tne Serial No 700 610 PATENT Filed August 12 1996 prosecution of the application which issued as patent no
67. receiving can respond 0 up to five different transmuzers which have five different transmimng codes FIG 5 illustrates the code utilized a which the bit umes are nominally 0 5 mullisec onds for example The data umes are nominally 1 2 3 or 4 milliseconds The sync pulse is a unit measure of ome Each datum 1 measured with respect to the sync pulse and each can be 1 2 3 or 4 umes the length of the syac pulse The timing 15 from the msing edge to rising edge of adjacent pulses Using 10 data bits the number of codes winch is available is in excess of one million codes In the invention each transmutter such as transmutters 26 and 28 vall have a unique code which 15 determined by the encoder chip contained in the transmiter The receiver urut will be able to memonze and store a number of different codes as for example five different transmutter codes which cluminates the need of coding switches in either the trans mutter or receiver which are used in the prior art Thus also eliminates the requirement that the user match the transmit and receiver code switches When the garage door operaror is initially installed the switch 22 is moved to the program mode and the energize button 27 of the first transmitter 26 is depressed so that the unique code of the wansmutter 26 is mansouued This 15 received by the receiver 41 and decoded by the decoder 43 and supplied to the microprocessor unu 44 The switch 23 15 placed i
68. recognizes that such changes were introduced into the March 27 1998 amendment but continues that all such changes should now be entered By the present amendment the paragraph at col 4 lines 31 50 has been amended to change than on line 42 to then Further the numeral 23 at col 4 line 55 is again corrected These changes are believed to be all the entered Certificate of Correction changes to Patent No Re 35 364 and U S Patent No 4 750 118 which are relevant to the present appiication The assignee respectfully submits that the mistakes to lines 42 and 55 of column 4 were inadvertent and of a typographical or clerical nature No new matter is introduced by the corrections A The June 6 1990 Certificate Correction On June 6 1990 a Certificate of Correction was requested for Patent No 4 750 118 however this was withdrawn June 11 1991 and no certificate issued from the USPTO LX 1566 Appln No 08 700 610 PATENT Fiied August 12 1996 B The January 15 1997 Certificate Of Correction A first Certificate of Correction for Patent No Re 35 364 was requested January 15 1997 which changes lines 38 52 and 54 of column 4 to correct printing errors which appear only in Patent No 35 364 Such printing errors do not occur in the instant application which is the specification of Patent No 4 750 118 and therefore no similar correction is needed in that specification The January 15 1997 request also propose
69. science as a loop loop is a set of microprocessor O perations wnich 18 repeated until end of loop condition is D O each LX 1487 1 700 610 Filed August 12 1996 16 References describing the construction and use of software loops exactly as disclosed for controlling the code location pointer were readily available as of October 1985 The previously cited IEEE Dictionary at p 503 Exhibit B for example defines loop as a sequence of instructions that is executed repeatedly until a terminal condition prevails and the Leventhal textbook defines loop as a self contained sequence of instructions that a processor repeats until a terminal condition is reached conditional jump instruction can determine if the loop should be continued of terminated Leventhal in fact devotes a twenty page section of his textbook to the subject of Loops and Arrays Section 5 2 pages 179 to 198 Exhibit C 17 loop includes a body containing the instructions which are the principal business of the loop adjustment step is embodied set of instructions that adds a counter of the number of repetitions already performed An exit from the loop is provided by way of a conditional branch conditional branch involves a test for occurrence of certain conditions as shown for example in Assembler Language Programming IBM System 360 by George Struble
70. that conclusion The EEP ADDR is not a code location pointer as defined by Chamberlain s patent in particular as set forth in Fig 3 of the patent specification The EEP ADDR in the Lynx source code is a variable that constantly changes value depending on which subroutine program is using it EEP ADDR variable is akin to a roadway intersection data is passed through the intersection but nothing is stored in the intersection 9 order for a software pointer to function as a switch it must be stored in computer memory it must be alterable to have different settings like a mechanical switch and it must remain in the last position it was set for storing a code until it is changed by the software for storing another code This is how the code location pointer operates in the Fig 3 flowchart of the 703 patent and is consistent with Dr Rhyne s file history declaration in paragraph 22 where he points out that for a memory value to be a pointer it must be maintained in a memory location of its own The variable ADR is not such a pointer It is not dedicated to storing codes in particular addresses It is in fact merely a way for the software to pass an address value to the memory writing and reading routine and it is used for other purposes besides specifying a code write address Specifically it is also used to control clearing of the memory reading memory to find a matching code and for reading and writing t
71. the district court finding that the term mode was indeed limited to what was disclosed in the patent specification The Court stated that the written description provide guidance as to the meaning of the claims thereby dictating the manner in which the claims are to be construed even 1f the guidance is not provided in explicit definitional format Thus when a patentee uses a claim term throughout the entire patent specification in a manner consistent with only a single meaning he has defined that term by implication Id at 1270 emphasis added Because the patent owner used the term mode consistently and provided no alternative meanings the Federal Circuit refused to expand the meaning beyond what was disclosed in the patent specification In the present case the Chamberlain patents disclose only a single embodiment of the software Memory Selection Switch and more importantly Chamberlain s inventors provided no alternative means to accomplish the required functions of the Memory Selection Switch Accordingly there can only be one meaning attributed to the software Memory Selection Switch and that meaning is found in the written patent specification which specifically incorporates the flow diagram of FIG 3 The correct claim construction for the software Memory Selection Switch must comport with the flow diagram of FIG 3 and at a minimum must include a software switch with different positions that
72. to where or even whether the new code will be stored The Lynx controller uses a completely different way to produce the result of storing in different locations codes received at different times than the way disclosed and claimed in the 364 and 703 patents I declare under the penalty of perjury that the foregoing is true and correct Executed this 21st day of November 2000 Thomas Gafford Thomas Gafford 553 North Pacific Coast Highway PMB235 Redondo Beach California 90277 Phone 310 316 3963 Fax 310 316 3884 email tag gafford com Curriculum Vitae Education University of Washington Seattle Washington Bachelor of Science in Electrical Engineering 1972 Stanford University Palo Alto California Attended Master of Science in Electrical Engineering program Coursework included logic and circuit design LISP software algorithm design and system programming 1972 1973 Professional Societies Institute of Electrical and Electronic Engineers member Experience Gafford Technology Redondo Beach Califorma Owner 1986 to present Presently designing and manufacturing computer peripheral switches using high level software design language consulting in computer system design software selection and network configuration and as a technical expert in patent and other litigation matters involving hardware and software systems Specific tasks have included analysis of small to large scale software an
73. transmitters 15 energized so that the code of saa first transmitter will be stored in said memory means and said memory selection second sw uch means being adapted to select a second position at a nme when a second one of said radio transmuters is energized so that the code of said second transmimer will be stored in said memory means and said microprocessor placed the operate mode when said first rwuch means is in the operate posinon so that esther or both of said first and second radio transmit ters when energized cause said microprocessor to energize said equipment An operator according to claim 5 wherein said first and second radio transmuners when energized radiate coded signals and said microprocessor recerves and compares coded signals from said first and second transmutiers with coded signals stored in said memory means and said micro processor produces an operate signal if the received trans mitted signal and any one of said coded signals stored in said memory means maich 7 An operator accordmg to clam wherein sard second swuch means has n positions where n is an integer and the codes of n transmatters can be stored in said memory means when said first swuch means 15 in the program mode 8 operator according to clam 7 wherein the code stored said memory means can be changed by placing said firsi switch means in the program mode and one of said pluraluy of transmitters t energized which has a code wh
74. value of the incremented code location pointer and resetting the value of the incremented code location pointer Indeed the written portion of the patent specification specifically sets forth that when in the program mode a code must be received four times In a row in order to be permanently stored in the receiver Col 2 lines 17 19 and Col 4 lines 34 37 The decision boxes on the top right of FIG 3 and those on the left side of FIG 3 perform this function Chamberlain s infringement contentions fail because none of the required functions are performed by the accused Guardian GDOs Napoleon s technical expert Mr Gafford concluded the following after his review of the Guardian GDOs 21 Thete is no indexing of a pointer to direct a newly received code to a particular memory location Because there is no indexing there is no checking the value of the pointer to determine whether it is equal to 5 There is no 10 resetting of a pointer if the value equals 5 And there is no erasing of all codes in memory when a pointer 15 reset 22 When in program mode none of the software on the Guardian product checks the newly received code to see if it already matches a code already stored As such there 1s no repetitive checking of the stored codes When a new code is received and the unit is in program mode the branch instruction at line 180 of door asm jumps to STORE PASS where the new code is stored in l
75. 00 AND PA CMP LIMIT SW BNE NEW LIM TIM NEW LIMIT SW Page 2 CONFIDENTIAL LX 1167 MIRR p RRR RRR de n e de NEW LIM TIM CHK MTR 2MS MOTOROZIS r tr e J U UJ j DJ UJ U O O J UJ N MN cx asm ie CMT MIR 2MS ME uum P CONT CHK 2 65 BMS TIME 9 2 K x lt k k cde k k k Kk oe k T SIROCE Shon GSR NLS SRCLR SRSET JSR RES KHK ose ode eK oF yk STA LDA LDA STA DEC BEQ RTS Ye e oe kk LDA STA Shon BCLR BCLR LDA BEQ DEC LDA CMP 3GS RIS MOTOR FG CHK MTR 2 5 DIR FG MOTOR FG CHK UP LIM MIRROR PD MIRR LIM DW LOW LIMIT LIMIT SW CHK MTR 2MS STOP MOTOR MIRROR PD MIRR LIM UP HIGH LIMIT LIMIT SW CHK MTR 2MS STOP MOTOR LIMIT SW 850 8 LIMIT CNT MOTOR CNTO 015 850 MOTOR_CNT0 MOTOR ON MOTOR FG MOTOR ISON UP RELAY PA DW RELAY PA STP MTR CNT STP WAIT OK STP MTR CNT 10 STP MTR CNT HOLD RELAY MOTOR DIR PA Page 3 UN MIRROR MODE CONFIDENTIAL LX 1168 U 4 DEKS 11 tij Ja U 1 1 UJ MTR_STP OK k k k k k k k t k k e MOTOR ISON POWER MOTOR f IR CHK Mel j
76. 1164 SRCLR LDA JR SCAR RLS x STORE FG FLAG NO STORE SIG FLASH FG FLAG SET 4M30 6 STORE LIGHT ON LIGHT STORE FG FLAG x oce X k x K k Kk k K ove k oe W KK k ode K oe KEKE KKK f PAR R 2225019 w gt FLASH LIGHT QN nicHti SET 4 305 LDA SET 2 305 STA LDA STA LDA STA BCLR RTS FLASH FG FLAG 0 _0 305 FLASH FG FLAG 4 LIGHT CNT1 60 LIGHT CNTO 250 CNTO LIGHT ON FLAG Page 2 CONFIDENTIAL LX 1165 4 a EQ M SOS EQU 5 IO aS PASS MTR ZQU 17 PASS CIIM To 00 17 PASS IR ZQU 17 DEFING S k lt k k k k k k k k x T k k kt k t k KK X T k Te k X k x k OK ok oe K STCP MOTOR LDA 15 5 STP MTR CNT 1 7SEC BCLR MOTOR_ON MOTOR_FG 3CLR UP_RELAY PA 3CLR DW_RELAY PA ao 41H STA TIMER_CTRL CLR MRT_CNTO CLR CNT1 BCLR ASS DOWN ERROR_FG BCLR ASSIGN_DOWN FLAG RTS RRR RR k k k ce de e k k k k k k k k k K kt k Kk k K K K k K KOK OR K KKK KEE MOTOR PROC LDA STP MTR CNT BEQ START MOTOR RTS c amp k K KR e k k k k k k k Kk k ode k k oe k k k k t k k k k k K K k k kkk START MOTOR BRSET MOTOR ON MOTOR FG STOP MOTOR ISR READSOHZ BRCLR DIR FG MOTOR FG OPEN DOOR Ck ck koc k oce de k k cde ce e e e o ce de oe de oe de de de oe ve eode kkk k t SLOSE DOOR BRCLR LOW LIMI
77. 1999 view of the district court s summary judg ment n favor of Overhead Door this court draws reasonable inferenees from the evi dence in favor of the non movant Cham berlain See Anderson v Liberty Lobby Inc 477 U S 242 255 106 S Ct 2505 2513 91 L Ed 2d 202 1986 In dispute are three elements of claim 1 memory selection switch switch movea ble and different codes ments of claim 8 are in dispute The first two elements of claim 5 however are in me ns plus funetion format ie memory selection second switeh means and first switch means Selection Switch Claim 1 1 The distriet court construed the memory selection switch element of claim 1 to mean a switch separate from s lt Vr TRANS 1 TRANS 2 4T 9 Ot RATT a e gt d BROGAN 5 Figure 2 shows the switch 22 as a mechanical switeh which alternates between program and oper ate Moreover the drawing depicts the memory selection switch 28 as a mechani cal switch with five separate numbered positions associated written descrip tion identifles the memory selection switch with 28 see 364 patent col 3 ll 9 11 and deseribes it as a five position moveable switch separate from and connected to Similar ele the microprocessor which 1s user operated to select different positions of the sw
78. 1n dino tiores rursus r perros 9391 1n0SOWO mda 109971989 HOLV TTIOSO ujd yndyno 103941220 HOLV1IOSO uado 1 21 10 ERA 03 398 oq uu AALI uSiq nnad 341329 914809 939 NI SONO K ddns sanu Bon BE NU 19 ERA 07 198 oq uvo Q3i ung 341329 9 quue uojasritreue r andu 190 NI SOHO quu 1230 941139 urd 023002 urg13014 307 d94H uopndpio sog 44 mos YO 24 00 68 UI SOA 01 eq poys 378418018 241 00 8111 008111 09 LEM 00918 00 099 OF LIE 09 00 081 00 996 00 069 09 298 09 2501 00 EZTI 00 2tt 00 00 tI 00 21T 09 996 0102 0692 9719 diu 1918 5969 kl Heit HD 6 66 peg ip sejeu p1009 ped LX 1134 6661 nr 4 1 2190 et Jo euo 308 eq uuo 19 Bujinp 3 ai Juus233x2 puu td dn Jo mud s iM as 2130 3 0 8 VOZ49 LH 02401 941 10 q dtuo2 popad epoo epos 00 cal
79. 5 As shown below FIG 2 of the patent specification supports the above stated written description because it clearly shows that decoder 43 is a stand alone device that is directly connected to receiver 42 and MPU 44 GARAGE OPERATION MECHANISM 15 other description of the decoder is found in the patent specification Using FIG 2 for claim interpretation is proper because the Federal Circuit in Overhead Door v Chamberlain hkewise used FIG 2 to interpret the meaning of the claim term switch The Court stated that T1o interpret the term switch consistently in the claim and to Harmonize the drawing depiction FIG 2 with the claim language this Court confirms the district Court s reading of the term switch Exhibit E 194 F 3d at 1267 This same harmonization requirement equally applies to the term decoder and requires that 1t be construed as a separate device that receives input from the receiver performs a decoding function and sends its output to a microprocessor i e the Napoleon s technical expert Mr Gafford has reviewed the the intrinsic evidence and concluded that one skilled in the art would construe the claim term decoder to mean the following The decoder is a separate electrical device that is electrically connected to a receiver and a microprocessor The function of the decoder is to receive coded transmitter signals from the receiver The
80. 61474 508 905 570 0808 6 Cartfied Zaoyngnt 1999 Lynx inqusines ngnts reserved PRO L NE 4 trade mark at Lynx ndustnes Serving Door Installers for Over 2 m NEW JERSEY 56 Avenue 23terson New Jersey 07533 free 1200 234 5969 3731 278 5588 Fax 973 742 9832 QUEBEC 75 Jooer Si Lampert Juebec canada AR 2RC free 588 589 5969 514 868 088 450 468 3852 Seater Brocnume t roaren Caper 559 LX 1089 PRO LINE Lynx MODEL LPL 33 and LPL 50 Residential Garage Door Opener for Sectional Garage Doors up to 10 high G US LISTED Installation Instructions and Owner s Manual READ THIS MANUAL CAREFULLY BEFORE BEGINNING INSTALLATION Installer Place this manual in the plastic envelope provided and permanently attach to the wall LX 1090 Safety Instructions Before Starting Pre Assembly Check Product Features Specifications Door Test Tools Required Component Identification amp Inventory Fastener Identification Assembiy Instructions Installation Notes Step 1 Mounting the Front Bracket Step 2 Attach the Assembly to Front Bracket Step 3 Position the Power Head for Mounting Bracket Step 4 Mounting the Power Head to Ceiling Step 5 Recheck Fasteners for Tightness Step 6 Door Arm Bracket and Plate Installation Step 7 Chec
81. BCLR STORE FG FLAG BRCLR MOTOR ON MOTOR FG SEQU PROC ISR STOP_MOTOR SEQU PROC BRSET PB KEY KEY BUFF PBX PROC BRSET SEQU KEY KEY BUFF NO STORES SET NO OP BRSET UP RANG INC KEY KEY BUFF UP RANG INC PRC BRSET UP RANG DEC KEY KEY BUFF UP RANG DEC PRC BRSET DW RANG INC KEY KEY BUFF DW RANG INC PRC BRSET DW RANG DEC KEY KEY BUFF DW RANG DEC PRC BRCLR STORE EEP KEY KEY BUFF ASSDOWN PROC NO K EY STORE PROC ASSDOWN PROC BRCLR ASSIGN DOWN FLAG NO ASSIGN 3CLR ASSIGN_DOWN FLAG BRCLR ASS DOWN ERROR FG NO ASS BCLR ASS DOWN ERROR FG JMP NO ASSIGN gt 25 amp x x w oe de de k ose oe K k oe k ke k k k krek NO ASS TIME lt 25 BRCLR HIGH LIMIT LIMIT SW NO ASSIGN BCLR DIR FG MOTOR FG JSR MOTOR PROC JSR ERROR LIGHT X k oe oe K de Kk k ode kt ode KK cde k k k KKK k ode t NC 5522 BRCLR EEP CLRFG FLAG NO STORES BCLR EEP CLRFG FLAG BSET STORE FG FLAG LDA 60 STORE TIME 30SEC JSR STORE LIGHT BCLR FLASH FG FLAG BCLR LIGHT RELAY PA CLR CNTO Page 2 CONFIDENTIAL LX 1160 4 lt lt EM M ULM II DW RANG Ln RANG INC PROC LDA BCS INCA STA SSR LDA STA JMP 1 i Ui w e we gt UP RANG RANG INC PROC DOWN_ RANG Qux RANG RANG SE WRITE RANG 8250 KEY CNT CLEAR LIGHT Ree k k k
82. CAD software system used for logic design and PC board layout Other relevant experience ca 1968 taught basic electronics in on the job training program USAF 1955 1971 analysis repair and modification of equipment ranging from home entertainment devices to large scale digital computer systems gafford c v Sept 7 2000 Thomas Gafford Experience assisting clients and their litigation teams marks cases in which I have testified at trial 1 00 to 5 00 assisted Fonar in patent litigation involving the electronics of magnetic resonance imaging equipment brought against Healthsouth 9 99 to 5 00 assisted Midtronics in patent litigation brought against Actron relating to electronic control of automobile battery testing equipment 7 99 to present assisting HCL in software contract litigation brought by GEAC relating to completion and quality of a large commercial software project 12 98 to 3 00 assisted Xerox in patent litigation brought against Hewlett Packard in matters relating to electrical circuitry of thermal inkjet printheads 7 98 to 8 98 assisted DSL Transportation contract litigation brought by Interactive Systems Inc in matters relating to software development practices 5 98 to present assisting V Communications Inc in patent litigation brought by Power Quest in matters relating to disk partitioning software 5 98 to 7 99 assisted ETM Entertainment Ticketing
83. CK DATA POINT YES CHECK STOP POINT NO SET RECEIVED FLAG ON RETURN IMER B END CONFIDENTIAL LX 1157 642 m taqa aa UN SC um LDA STA RTI RIL 1 E 44 Ul j IR ERR ERROR FG IR_TIMEOUT IR CNT CONFIDENTIAL LX 1158 Up SANG ENG JP SANG SEC OW RANG INC OW RANG 227 STCRE EEP KEY PB KET Lieut REY SEQU KEY RANG MAX k Kk X k k k k KKK T A ttf SCANKEY f BMS NOEND 209 EQU ZQU 529 OU 500 QU e O Ul WwW 7 L2 oce k k k W KKK DEC RIS ADC STATUS PC DIR PC 8 01111111 01111111 6 PC DIR 6 PC ANALY ADC KEY BUFF NEW KEY KEY CNT BMS NOEND KEY CNT KEY PROC jb t p T 23 ON BOX LED TEST NEW KEY HV KEY k k k k eoe k k k Kk oe k k K k k k k k k k k ode cfe k t k k k KKK KKK KKK KEK f NEW KEY STA LDA STA RTS 5 RTS LDA ORA LDA ZOR KEY BUFF 50 KEY CNT ON LIGHT LIGHT CNTO LIGHT CNT1 OFF LIGH FLAG 8 00001000 Page 1 CONFIDENTIAL LX 1159 STA FLAG 3RSET LIGHT ON FLAG SET LIGHT ON 3CLR LIGHT CN FLAG IMP CLEAR LIGHT OX k KK de eoe w de K k k k k k k K k k Kk k ce oce k k K k t X eode Kk BRSET LIGHT KEY KEY BUFF LIGHT PROC BCLR SEQU_FG ERROR FG BRCLR SEQU KEY KEY BUFF SEQU PROC 5 SEQU FG ERROR FG SET SEQU FG
84. District Court for the Northern District of Texas ruled on sum mary judgment that Overhead Door Corp and GMI Holdings Inc did not infringe U S Patent No 35 364 the 7864 pat ent See Overhead Door Corp v Cham berlain Group Inc No 95 CV 1648 D N D Tex Apr 30 1998 order The 364 patent elaims improvements on remote contro systems for garage door openers Because the district court erred in con cluding as a matter of law that the claims at issue cannot cover the accused device under the doctrine of equivalents or as structural equivalents this court affirms in part vacates in part and remands n Qe RAL REPORTER 34 SERIES b Chamberlain Group Inc owns the 364 patent Both Chamberlain and Overhead Door manufacture and sell remote control garage door opener systems Remote trol garage door opener systems typically include hand held portable transmitters and a stationary garage door opening mo tor with a processing unit and receiver To open or close a garage door a user presses a button on the transmitter to send a signal to the receiver The receiver relays the signal to a processing unit that directs the door motor to open or close the garage door To prevent signals of foreign transmit ters from opening the door these systems use coded signals A unique code thus links each transmitter to its own system and a garage door opener s processing unit verifies that the signal
85. E CODE a INCREMENT THE ERROR COUNTER CLEAR ERROR COUNTER AND ALL OTHER VALID COUNTERS INCREMENT THIS VALID CODE COUNTER VALID CODE COUNTER eave FOU ES ACTIVATE PROPER OUTPUT START 16 5 STOP BIT 1 BIT SYNC LX 0005 35 364 1 CODING SYSTEM FOR MULTIPLE TRANSMITTERS AND SINGLE RECEIVER FOR 4 GARAGE DOOR OPENER Matter enclosed in heavy brackets appears in the original patent but forms part of this reissue specif cation matter printed in italics indicates the additions made by reissue This application ts a continuation of application Ser No 087 142 filed Jul 2 1993 abandoned which 15 anon of applicanon Ser 715 006 filed Jun 13 1991 abandoned which ts connnuation of application Ser No 398 379 filed Aug 24 1989 abandoned CROSS REFERENCES TO RELATED APPLICATIONS This apphcation compnses an improvement applica Ser No 615 339 filed May 30 1984 U S Pat No 4 638 433 which the inventor is Wayne R Schindler assigned to the assignee of the present application BACKGROUND OF THE INVENTION Field of the Invenuon This 1nvenuon relates general 19 garage door operators and 1 particular to a novel garage door operator wherein the receiver can be energized by two or more transmitted codes which are stored the receiver 2 Descnpuon of Pnor Garage door
86. EAR FLAG Page 1 CONFIDENTIAL 1174 OX TIMER 1 LBA OUT L LDA CAP L 2 01000001 5 TIMER 250 5 CNTO RTS K K k ode k de k X k X de e k k oe ede k de k K k k k dede k k TIMER IRZ 3RCLR CAP IRQ TIMER CTRL TIMIRQ RET BRCLR IN CAP FG TIMER STATUS NO INCAP IRQ1 JSR INCAP IRQ NO INCAP 280 3RCLR TIMER OVER FG TIMER STATUS TIMIRQ RET OVER IRQ INC RPM CNT2 LDA TIMER L LDA 2 RPM_CNT2 BCC TIMIRQ_RET OVER TEST BSET RPM ERR ERROR FG CLR RPM CNT2 TIMIRQ RET TST RF OLD CNT 2 5 2000 1 13 INSTER DEC RF OLD CNT1 BNE CHK 2MSA LDA DLY01S STA RF_OLD_CNT1 DEC RF_OLD_CNT CHK_2MSA BRCLR OUT_CMP_FG TIMER_STATUS NO COMP IRQ JSR COMP IRQ NO COMP IRQ RTI QUE k k oe k e e k k oe k Kk K k RK RK COMP IRQ LDA OUT COMP H STA TIM TMP1 LDA OUT COMP L ADD 8256 24 STA LDA 83 ADC TIM TMP1 Page 2 CONFIDENTIAL LX 1175 Tuner as S QUI COMP H LDA ELM IMPO STA OUI COMP LDA RF OLD CNT 24509 SMS DEC KE ODD CNT FRE CONTER 2MS SCANKEY BSET SAMP AD ERROR FG NO OVE RIS kek e ose x k x oe kt k oe x KKK t CIN a ER 2MS TST RF OLD CNT j BEQ 2MSA 2000 1 13 DEC RF OLD CNT1 BNE 2 5 LDA DLY01S STA RF OLD CNT1 DEC RF OLD CNT 2MSA JSR CHK MOTOR DEC CNTO BNE NO OVEROSSEC LDA 250 STA
87. EQ JMP NOP JME REC_CNT 60H CMP INDEX 0 REC INDEX REC INDEX REC DATAO X CMP INDEX 0 REC INDEX CMP INDEX LONG REC INDEX MOVE LOP REC CNT amp DATA POS REC CNT COMP END MAIN COMP END dede dede oe e ee k k k k k de e x CLEAR RAM LOX CLE 50 0 X Page 4 CONFIDENTIAL LX 1143 Px OCOH SNE CLR LOP 275 k x k Ck k k t k k k X t k k k k k k k K k k k k k t k k nox DELAT 15 9827 TMPO aue DELAY LOP NOP NOP NOP DEC TMPO DELAY LOP L2A 0 STA COPC DEC BNE DELAY LOP RTS Oe ee k k k k k k de oe t e k oe k de K k k Kk k k k k de k eo o INIT_IO LDA 0 STA PA LDA 5 00000000 DIR LDA 0 5 PB LDA 00100000 STA PB DIR LDA 0 5 DIR ALL IN LDA 00000000 5 PD DIR ALL QUT RTS TIMER IRQ 780 VECTOR SWI VECTOR RTI OX OK e RR e x K K ce cde fc k ode Tc k k k lt ORG JS L MOR2 do l ORG LFFOH COPC DS l Page 5 CONFIDENTIAL LX 1144 S oW 1229 IRQ VECTOR SWI VECTOR POWER ON Page 6 CONFIDENTIAL LX 1145 ug 227 door program X a BIS us 29u LIGHT 2827 QU 500000010 DL Yo 520 50 RAM 50H h huuu 1 3 PORT 21819 0 593 46 00 0 SOUT BANT AQU 1 OUT JE RELAY 2 QU 2 DW_RELAY EQU 3 HIGH LIMIT EQU 4 PIN
88. EY ADC TMP1 OPEN SEQU PB KEY ADC TMP1 TMP1 Page 2 CONFIDENTIAL LX 1139 aoor orodram wal SBAS5SE 197 sgu 80H DATAL EOU 2 DH DATA_LONG EQU 5 DATA POS EQU 16 RAM 500 50H Wee che de k k ge ox oe e k k k k k k k kk k k k k k k k k ft KEK FIJO PORT PA EQU 0 IN IRQ EQU 0 START SEND EQU L PB EQU 1 SDO EQU 5 SDI EQU 6 SEEK EQU 7 PC EQU 2 PD EQU 3 DIR EQU 4 0 LIN PB DIR EQU 5 OSIN PC DIR EQU 6 Q IN A D PD DIR EQU 7 O IN 2 amp k k k kt k k k k f X k oe k K KO K ke Se k kO e R k k kO kO ko SIO CINE EQU EQU 4 SLOP SN EQU 6 gt OBH DATA COLL EQU 6 SELE EQU 7 SIO EQU OCH RAM SOH 2B8FH Noo oe k X k t oe e k k k k k k k k O k K kO k de de e ORG RAM TMPO DS TMPI DS 1 1MP2 DS L k k k k k k k k k k k Page 1 L OUT LeOUTPONLY BIT 5 6 7 LeOUT 0 142 LIO 2545576 1 OUT BIT 5 CONFIDENTIAL LX 1140 Analy FLAG 25 1 ERR EQU 2 RRR k k k K k k k e k K RK k K k KEY BUFF DS 1 SN 25 i REC CNT DS 1 CMP CNT DS 1 REC INDEX 25 INDEX DS 1 REC DATAO DS 5 k K k k k k k k Kk K k k k ft k k Kk k k k k t k KR Kk de e ORG 60H COMM 3ANK DS 40 K k k k k k k ode ce e k ok k k k kk k k de k k k k k k k de de de 100H POWER ON SEI RSP CLEAR STACK POINT LDA OFFH STA MOR1
89. F 3d at 1318 Thus first switch means covers the disclosed structure i e mechanical switch 22 and its structural equivalents Specifically Figure 2 shows mechanical switch 22 as a two position moveable switch As discussed above this court finds that the switch moveable ele ment is literally present in the Intellicode 194 FEDERAL REPORTER 3d SERIES Similarly the first switch means proper ly construed as a two position mechanical switch or its structural equivalent is also literally present in the Intellicode This court therefore affirms the district court s judgment Different Codes Claims 1 and 5 21 The district court also addressed the different codes element of claims 1 and 5 and found these elements literally present in the Intellieode In particular the distriet court construed different codes to mean factory defined codes stored within the radio transmitters which uniquely identify each different transmut ter and are not selectable or modifiable by the user of the garage door opener system district court s in terpretation of this term is consistent with the claim language and finds support in the written description The claim lan guage requires association of each code with a different transmitter written deseription notes that each code uniquely identifies a transmitter The specification adds that the codes are set in a factory and remain unchangea
90. Figures 3 and 4 as well as at Column 4 Lines 31 through 68 Exhibit I at LX 1485 86 emphasis added Nowhere in the file history or the patent 1s there any mention that the Memory Selection Switch will work using the truncated FIG 3 now proposed by Chamberlain Chamberlain ignores all the intrinsic evidence and relies instead on the recently prepared litigation induced extrinsic testimony of Mr Rhyne This improper extrinsic evidence of Mr Rhyne must be distinguished from Mr Rhyne s sworn declaration that he submitted to the Patent Office years ago during the prosecution of the application That earlier Rhyne declaration is intrinsic evidence and should be considered to properly construe the claim terms In addition to the intrinsic evidence the Federal Circuit also indicated that FIG 3 as a whole describes the software Memory Selection Switch The Federal Circuit could not have been more clear Figure 3 of the 364 patent shown below illustrates how the invention receives and validates codes Exhibit E 194 F 3d at 1268 Moreover the Court relied on the language of the patent specification in construing the Memory Selection Switch If the switch 22 1s in the program mode as shown in FIG 3 when the incoming signal from a transmitter is received the flow diagram is followed so as to store the new incoming code in the code location Id emphasis added The Court further stated that s witch means when prop
91. IGN RET k Kk k k k K k k k k t k k k k k k k k k k k BCLR CLR LDA STA STA JSR INC LDA CMP 3NE EEP CLRFG FLAG EEP ADDR EEP DATAO EEP DATA1 WRITE EEP EEP ADDR 813 EEP_ADDR ERASE_LOP Page 4 Ui CONFIDENTIAL LX 1162 ass eq LUA 14 J MP STORE LIGHT x Oe e sc je x lt ode o w e oe ck coe ck de de ode Y NEWZLEAR T mS BSET BEP CLREG FLAG LDA 10 LOADSSEC Page 5 CONFIDENTIAL LX 1163 k Kk X K k j oe K Kk CLEAR LIGHT LDA STA HSET BCLR RIS SEM ERE lL GRE 10 LIGHT CNTO 0 LIGHT_CNT1 FLASH FG FLAG LIGHT ON FLAG Kk x ok KKK KR kkk vie oF LDA STA STA BCLR RTS 0 LIGHT CNTO LIGHT CNTI LIGHT ON FLAG k K k k k kt k k k k de eoe k de k k de k k k k k k de decode CHK LIGHT BRSET LDA ORA BEQ DEC BNE LDA BEQ LDA STA DEC BRSET BSET RTS LIGHT ON FLAG CONTER ON LIGHT CNTO LIGHT CNT1 LIGHT OFF LIGHT ON LIGHT CNTO TEST LIGHT1 LicHT CNTi TEST LIGHII TIME END gt 8120 LIGHT_CNTO LIGHT CNT1 FLASH FG FLAG FLASH PROC LIGHT RELAY PA x E EL M M rr E e ww x w KEK TKK LDA 5 RIS BCLR 99 25 6 LIGHT_BIT PA PA LIGHT _RELAY Page 1 CONFIDENTIAL LX
92. ING TROLLEY n a 2 sr ime manual ooeratlon s needed trolley can ce ciscorrecied ust Sv cuilirg zn re nandle o so cack to automatic operation just puil the towarcs ine dower eaa he operator he operator will automatically reconnect the troiley Auto reconnect trolley is Made ign mpact nylon for years of trouble free service o ign moact nylon oley seif luoncaung for years of maintenance free 5 cnain ension system automatically uo any siack in assures smooth quiet or ufe of the operator Rails are availaple for 7 3 and 0 ign doors 4 DOUBLE GEAR DEPTH Gears are made of space age high impact 2iasucs with a gear and tooth contact depth wnich 5 twice that of ne competition SPRING LOADED CHAIN TENSION ADJUSTMENT No tools are required just hand tighten the chain adjustment bracket o Sonng will help maintain chain tension reducing costly callbacks Sonng will absorb sudden chain impact creating a smooth quite operation 5 al A gt qur e i 1 RADIO CONTROL AND OBSTACLE SENSING PROGRAMMING FORCE SENSITIVITY Electronically programmed internal obstacle sensing has separate up a
93. Inc 174 F 3d 1308 1318 50 USPQ2d 1161 1166 Fed Cir 1999 if the word means appears in a claim element in combination with func tion it is presumed to be means plus function element Thus memory selec tion second switch means covers the cor responding structure material or acts de scribed in the specification and equivalents thereof 35 U S C 112 16 1994 15 The district court s determination of corresponding structure is matter of claim construction see Chiumanatta 145 1272 F 3d 1806 which this court reviews de novo See Cybor 138 F 3d at 1456 De termining whether Figure 3 is a corre sponding structure for the switeh means of claim 5 requires the court to consult again the language of the claim and the other faetors that inform claim meaning course the central focus re mains on the claim language The written description the prosecution history and admissible extrinsie evidence may supply context to understand the claim language See Vitronics Corp v Conceptronic Inc 90 F 3d 1576 1582 39 USPQ2d 1578 1576 77 Fed Cir 1996 Pitney Bowes Inc v Hewlett Packard 182 F 8d 1298 1309 51 USPQ2d 1161 1169 Fed Cir 1999 In construing claim 5 the district court determined the term memory selection second switch means encompasses the same scope as the memory selection switch of claim 1 Specifically the district court det
94. K k e k k e KE LDA 2 STA TMP1 SER TOTAL BRSET RF IN PA START DATA 2 DEC TMP0 BNE SER TOTAL DEC SER TOTAL NOISE e de ode oie ode ode ode oe ok ox ok START DATA JSR BRCLR BRSET JSR BRCLR BCLR J lt Lj gt 3RCLR BRCLR BCLR JSR RF_REC RF_RECOK FLAG NOISE STORE FG FLAG STORE PASS MOTOR NO SAVE PASSWORD CHK_PASSWORD RF_RECOK FLAG NOISE RF_RECOK FLAG SEQU FG ERROR FG RF SEQU SEUQR IR ERR ERROR FG REM FUNC HIGH LIMIT LIMIT SW DSP LIGHT DIR FG MOTOR FG MOTOR PROC 75 27 CONFIDENTIAL LX 1149 Page 4 k ce e K o oc KK KK t STCRE 2355 STORE tJ 9 C Ui j _ I OM OX ou x M JS TSR ERROR LIGHT 7 MAIN JSR MOTOR_PROC JMP MAIN uber 10 JSR STORE LIGHT JMP MAIN o ode de koe eoo x lt ok vk SEI BCLR RF_RECOK FLAG BCLR STORE FG FLAG 10 JSR READ INC EEP ADDR INC EEP ADDR JSR WRITE EEP DECX CPX BNE STORE LOP CLR EEP ADDR LDA REC DATAO STA EEP DATAO LDA REC 1 STA EEP DATAL JSR WRITE EEP INC EEP ADDR LDA REC DATA2 STA EEP DATAO LDA REC DATA3 STA EEP DATA1 JSR WRITE EEP EKER k se eode oe eode k dede k x k e k k Kk kt k k k e k K amp CLR EEP ADDR JSR READ EEP EDA REC DATAO EEP DATAO
95. LX 1153 RTS 1 iD j ui j 593 46 STAUP EE EEP ADDR WRITE CODE SEND DATAS EEP DATAO SEND DATAS DATA1 SEND DATAS CS93C46 PA STAUP EEP WRDS CODE SEND DATAS CS93C46 PA WRITE ENABLE e de de de k e K K de RRR K k k Kk k K k k Kk de de dt k k K k k X RK READ RANG LDA JSR LDA CMP LDA BCC LDA STA LDA LDA BCC LDA STA BCS RANG ADDR READ 12 1 EEP DATA1 SET DEF UP 86 UP RANG 12 DATAI EEP DATAO SET DEF DW 6 DOWN RANG WRITE RANG lt lt lt WRITE RANG RANG_ADDR EEP ADDR UP RANG EEP DATA1 DOWN RANG DATAO WRITE EEP T a m u e l lt lt w lt I1 Page 3 CONFIDENTIAL LX 1154 RF RECEIVER EEPROM MCU Fo SENSITIVITY 93C46 IR SENSOR RADIO SET BUTTON EXTERNAL WALL PUSH BUTTON CONFIDENTIAL LX 1155 EXTERNAL WALL PUSH BUTTON amp RA SET BUTTON SCAN KEY CALL INTERRUPT SUB LOOP SCAN KEY READ KEY YES 44 OVER TO OPEN CI ATED 100 MS OR CLOSE m THE DOOR NO NO OVER 100 MS SET RADIO SET RETURN FLAG ON CONFIDENTIAL LX 1156 RF RECEIVER CALL INTERRUPT SUB LOOF SET TO RECEIVE RF RECEIVER 24 BITS CODE CHECK START POINT SET TIMER FOR RECEIVER SET TIMER B FOR SYNC CHE
96. N NO NO 93C46 EEPROM ADDR 2 COUNTER 1 COUNTER 07 TO OPEN OR CLOSE THE DOOR CONFIDENTIAL LX 1123 RADIO SET SUB LOOP CODE STORAGE NO RECEIVED FLAG ON READ 93C46 ADDR RECEIVE DATA 08H 09H STORE TO TO STORE TO 93C46 93C46 QLH READ 93C46 ADDR 06H 07H STORE TO 93C46 08H 09H CLEAR RECEIVED FLAG OFF CLEAR RADIO SET FLAG OFF READ 93C46 ADDR 04H 05H STORE TO 93C46 06H 07H READ 93C46 ADDR 02H 03H STORE TO 93C46 04H 05H READ 93C46 ADDR 00 01 STORE TO 93C46 02H 03H CONFIDENTIAL LX 1124 y e nhet 4 mod Ta dM p yolo 4 B us Sha 37404 dms JOY Arnel 2707 L ado ad xd d 434 152 A 1234 CONFIDENTIAL LX 1125 MO ind in CONFIDENTIAL LX 1126 m 804 js abv CONFIDENTIAL LX 1127 E t z 5 E 3 3 NEU 777 7 f s s m s 9 i gt 57 amp Dm Ee i iue eid WAIL BOX 30 60 H dem IB 4 d CM 2 E ae me CONFIDENTIAL LX 1128 A uo eq untoeo
97. NL UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON D C Before Sidney Harris Administrative Law Judge 2 c In the matter of IE n the matter of E EV Certain Garage Door Inv No 337 459 Operators Including Components Thereof LE Ve RESPONDENTS LYNX INDUSTRIES INC NAPOLEON SPRING WORKS INC AND GUARDIAN ACCESS CORPORATION S MEMORANDUM OPPOSING CHAMBERLAIN S CROSS MOTION FOR SUMMARY DETERMINATION Respondents Lynx Industries Inc Napoleon Spring Works Inc and Guardian Access Corporation collectively Napoleon oppose Complainant Chamberlain s cross motion for summary determination alleging infringement of the 364 and 703 patents because the accused Guardian GDOs at a minimum lack a claimed function of the Memory Selection Switch that being store each newly received code in a memory location that is different from the memory location last used to store the previously received code The accused GDOs always store newly received codes in the same memory location In addition the accused GDOs do not have multiple transmitters or a decoder Chamberlain s allegations of infringement cannot stand because its proposed claim construction is completely unsupported by the intrinsic evidence To arrive at its claim construction Chamberlain wholly ignored the patent specification and file history and instead improperly based its construction on extrinsic evidence such as dictionary de
98. OUP INC a Connecticut Corporation Civil Action No Plaintiff 00 CV 0454 Ihe Honorable Rebecca R Pallmever V LYNX INDUSTRIES INC a Canadian Corporation and NAPOLEON SPRING WORKS INC an Ohio Corporation Defendants Declaration of Thomas A Gafford l My name 15 Thomas Austin Gafford I have been retained as a technical expert in this matter on behalf of defendants Lynx Industries Inc and Napoleon Spring Works Inc collectively Lynx by the law firn of McDonnell Boehnen Hulbert amp Berghoff 2 am competent to testify to the matters set forth below because of extensive experience and education in electrical engineering and in particular digital circuit and computer software design My curriculum vita is attached to this declaration as Exhibit 1 3 have read and I am familiar with U S Patent 4 750 118 U S Patent Re 35 364 the 364 patent and U S Patent No Re 36 703 the 703 patent as well as the record of their prosecution in the U S Patent and Trademark Office including the cited prior art I have also read the Federal Circuit s opinion in Overhead Door Corp v Chamberlain Group nc 194 F 3d 1261 Fed Cir 1999 In addition I have reviewed a number of documents produced in this matter and listed in Exhibit 2 4 I have thoroughly studied the Lynx Model LPL 1 2 HP garage door opener the Lynx product which I understand Chamberlain has
99. Office and there can be no doubt that Chamberlain used the term code consistently through out the patent specification to mean newly received codes Nowhere in the prosecution is there any teaching that code or code location pointer refers to anything but newly received transmitter codes Now to support its allegations Chamberlain has had to resort to a complete fabrication of the meaning of the term code to justify its contention that the claims read on the accused Guardian GDOs The Federal Circuit opinion in Overhead Door v Chamberlain upon which Chamberlain so heavily relies supports Napoleon s not Chamberlain s construction of the claim element code The Federal Circuit squarely addressed the meaning of the claim term code in its construction of the claim element different codes claim language requires association of each code with different transmitter The written description notes that each code uniquely identifies a transmitter The language of both claims recite that the code of said first transmitter will be stored in said memory means Properly construed this language requires the memory to retain the code it associates with the first transmitter This reading of the claim language finds support in the written description which explains that a code 1s associated with a transmitter Exhibit E 194 F 3d at 1275 Like the patent specification and file history there is nothing in the Federal
100. Re 35 364 T It is my opinion that the level of ordinary skill the art of the 610 application is that of an individual who as of October 1985 had a college degree in electrical or computer engineering and at least two years of experience in designing microprocessor based control systems including Significant experience with the creation cf microprocessor Software programs for controlling such systems and with wireless garage door opener GDO systems 8 I have carefully reviewed the specification of the 620 application finding that che 610 specification clearly discloses to one skiiled in the art applicable to tha appiication the description of two embodiments for storing and Locating transmitter identity codes the memory of the receiver 9 As the Examiner has recognized the first of these embodiments includes a system incorporating a GDO which makes use of a hardware memory selection switch 23 for determining specific memory location at which each newly received Transmitter identity code is stored as it is programmed earned by the GDO Because the disclosed memory selection switch 23 is of a hardware nature a manual action by the user 215 required to move the switch from a first position to a position so forth as successive transmitter Ldentity codes are programmed into the opener LX 1484 Serial No 700 610 PATENT Filed August 12 1996 10 addition however my study of t
101. T LIMIT SW OPEN DOOR BCLR DIR FG MOTOR FG JSR MOTOR TIME BRCLR MIRROR PD MIRR OPEN MIRR CLOSE BSET MOTOR ON MOTOR FG BCLR UP RELAY PA 85 DW RELAY PA RTS oe de ce e de oe he ode oe oe cde ode OPEN DCOR BRCLR HIGH LIMIT LIMIT SW CLOSE DOOR BSET DIR FG MOTOR FG JSR MOTOR TIME Page 1 CONFIDENTIAL LX 1166 ty y 3 BRCLR MIRROR PD MIRR CLOSE MIRR OPEN SSET MOTOR ON MOTOR FG BCLR DW_RELAY PA BSET UP_RELAY PA RTS de de ok oce e ce ck ce cx oe de ck o cde de c S6 ode e de oe oe ode ode deo ode eoe oye ode ode x f CHK MOTOR DEC IR_CNT BNE CHK_MOTR_SPEED SET IR ERR BIL NO IR IS IRQ IS LOW NO SET FL AG BSET IR ERR ERROR FG LDA TIMEOUT STA IR CNT RE SAMPLE 8MS BRCLR MOTOR ON MOTOR FG CHK MOTR SPEED BRSET DIR FG MOTOR FG CHK MOTR SPEED DOWN NO CHECK IR BRSET ASS DOWN ERROR FG CHK MOTR SPEED LDA PASS IR PASS TIME OUT BNE CHK MOTR SPEED JSR STOP MOTOR TEST POINT IR ERROR LDA 8 ISR STORE LIGHT BSET IR ERROR MOTOR FG JMP CHK MOTR SPEED NO IR BCLR IR ERR ERROR FG de eode de de eode decode eoe ede ede e de e de dede e eoe CHK MOTR SPEED CHECK FLAG LDA PASS MTR BNE CHK LIMIT SW BRCLR RPM ERR ERROR FG CHK LIMIT SW BRCLR MOTOR ON MOTOR FG CHK LIMIT SW JSR STOP MOTOR LDA 88 JSR STORE LIGHT BSET LOW SPEED MOTOR FG We e k e k X x e lt ce k k k k k k k k k k ce k k k k e K K LIMIT SW LDA 001100
102. TA INCX EDA STA LDA SUB LDA SBE BCS BCLR RIS CLR BSET Ris k ok de k Ye oe ode oe oe oe ode K K DW DW DW DW DW DW DW DW JW DW JW JW DW JW HZ 50 MOTOR FG UP READ SOTAB UP 60TAB X RTMP1 UP 60TAB X RTMPO CAL LOOP UP 50 RTMP1 UP 5 RTMPO CAL LOOP RTMPO RPM CALO RTMP1 RPM CAL1 RPM ERROR RPM ERR ERROR FG RPM CNT2 RPM ERR ERROR FG 21122 0 21111 72 2 21111 72 4 21111 72 6 21111 72 8 21111 72910 21111 172 12 21111 72 14 21111 72 16 21111 72 18 21111 72 20 21111 72 22 21111 72 24 20904 ISO Page 5 0 1500 O O O CONFIDENTIAL LX 1178 JW 20904 472 2 Wa DW 20904 72 4 d DW 20904 72 6 3 DN 20904 72 8 4 OW 20904 72 10 Es DW 20904 72 12 6 DW 20904 72 14 7 DW 20904 72 16 8 DW 20904 72 18 229 DW 20904 72 20 0 DW 20904 72 22 1 DW 20904 72 24 2 2 EER o UP SOTAB DW 17590 449 DW 17590 60 2 1 DW 17590 60 4 2 DW 17590 60 6 3 DW 17590 60 8 4 DW 17590 60 10 5 DW 17590 60 12 6 DW 17590 60 14 7 DW 17590 60 16 8 DW 17590 60 18 29 DW 17590 60 20 10 DW 17590 60 22 11 DW 17590 60 24 12 KOK R N DW 60TAB DW 17292 0 16 5kg lsetp 2 5kg DW 17292 22 4 1 19kg DW 17292 22 8 2 21
103. TIAL LX 1114 KEY_BUFF REY UP RANG DOWN RANG AA BA MOTOR_CNTO MRT_CNT1 STP MIR PASS MIR PASS WAIT START 0 1SEC 20 28SEC e rc R_CAT RPM_TMPO RPM_TMP1 RPM_CALO RPM_CAL1 RPM CNTO REM CONT RPM OND2 SENSOR CNT REC DATAO REC REC DATA2 REC DATA3 REC CONT ZZZ Uu 5 5 2 A g RF OLD CNT DS 1 RF_OLD_ONT1 DS 1 LIMIT SW DS 1 LIMIT CNT DS 1 ns CONFIDENTIAL LX 1115 RTMPL DS 1 ADC TMP DS 1 ADC 05 1 AG x ORG LOOH RESET SEI RSP CLEAR STACK POINT JSR DELAY_IS JSR TEAR RAM ISR INIT_IO JSR ISR INIT LIGHT TSR READ RANG CLI 3 X33 3Xx xx s o 42S3Sz RK 43 MAIN LDA 0 STA JSR TEST RPMS BRCLR SAMP AD ERROR FG NO RPMS SAMP AD ERROR READBOX NO_RPMS 2 STA TMPO SER_NOISE BRSET RF_IN PA NOISE DEC BNE SER_NOISE NOISE 3MS DEC ENE SER NOISE NOISE 3MS 2 STA SER_TOTAL BRSET RF_IN PA START_DATA DEC RNF SFR TOTAT CONFIDENTIAL LX 1116 DEC ENE BEQ NOISE START DATA BRCLR RF_RECOK FLAG NOISE BRSET STORE_FG FLAG STORE_PASS IF MOTOR CN NO SAVE
104. Y NUMBER SYSTEM T OVERHEAD DOOR CORPORATION and GMI Holdings Inc Plaintiffs Appellees The CHAMBERLAIN GROUP INC Defendant Appellant No 98 1428 United States Court of Appeals Federal Circuit Oct 13 1999 Rehearing and Suggestion for Rehearing En Denied Dec 16 1999 Manufacturer of remote control ga rage door opener systems brought declar atory judgment action asserting that man ufacturer s Intellicode system did not 1262 infringe patents Patentee counterclaimed alleging willful infringement The United States District Court for the Northern Distriet of Texas Sidney Fitzwater J granted summary judgment of nonin fringement and patentee appealed The Court of Appeals Rader Circuit Judge held that 1 term memory selection switch meant a mechanical device sepa rate from the microprocessor with differ ent positions 2 first claim at issue was not literally infringed but fact issues ex isted as to whether it was infringed under doctrine of equivalents 8 term memory selection switeh means encompassed both a mechanical switch and a software based embodiment 4 fact issues existed as to whether second disputed claim was literal ly infringed and 5 switch moveable element first switch means element and different codes element were pres ent in accused system Affirmed in part vacated in part and remanded 1 Federal Courts
105. accused of infringing the 364 and 703 patents In addition I have studied the software descnption the assembly source code language and the operating manual These are shown in Exhibit 3 The source code 18 programmed into a microprocessor contained in the receiver portion of the Lynx product The microprocessor controls the operation of the garage door opener system by executing the source code In other words all functions of the Lynx product are dictated by the source code that 1s programmed into the microprocessor 3 The Lynx product is sold with one receiver and one transmitter receiver portion is mounted to a garage ceiling and contains a motor that opens and closes a garage door The transmitter is the little box that is typically kept in a and is used to open close the garage door remotely by depressing button the transmitter When the transmitter button is depressed the transmitter transmits a signal in the form of a code to the receiver mounted in the garage ceiling If the received transmitter code matches a code previously stored in the receiver s memory then the receiver energizes the motor to either open or close the door 6 In order for the Lynx product to operate it must first be taught the code of at least one transmitter The Lynx products are capable of storing up to six 6 transmitter codes Each stored transmitter code occupies a storage location consisting of two non volatile me
106. age Trolley Only Do Not Use the Rope and Knob to Pull the Door Open or Closed Warning Chid Operating the Door Controis Risks injury Or Death to Himself and to Others Do not Allow Children to Operate Any Door Controis Mount tne Push Button at Least 5 FT frorn the Floor Out of Reach of Children Warning Improper Door Operation can Cause Injury or Death Caution Label Must Be Mounted on Wall Near The Push Button Warnings Should Be Strictly Adhered To 10 LX 1099 Figure 11A Step 8 Installing the Standard Wall Push Button Remove about 1 4 of insulation from both ends of the 2 strands low voltage bell wire Connect one end to both screw terminals on the back of push button Select a convenient place near access door 5 ft the floor and out of reach of for mounting 2 1 1 2 Screws supplied Install the Caution Label Figure 148 page 14 near this installation Run bell wire up the wall and across to the opener Secure with insulated staples Attach to Terminais 2 amp 3 Figure 11 Warning Installation amp Wiring Must Be in Compliance with Local Electrical and Building Codes Operation at other than 120V 60Hz Will Cause Opener Maifunction and Damage Figure 118 Radio Transmitter Holster Visor Clio Figure 11C 1 2 3 4 amp S RADIO Q 0 0 BUTTON UP DOWN TRAVEL TRAVEL FORCE SENSITIVITY 11 Step 9 Opener Must be permanently wi
107. age door opener units including the remote control 13 Each garage door opener that we purchase from Guardian comes with one remote control or one transmitter s are sold as a package together A Yes O Do you sell those packages together when you sell them to your customers A Yes one garage door opener is sold with one transmitter They come a package Exhibit N pgs 69 70 emphasis added After learning of the allegations made in Chamberlain s motion Mr Robert Schram personally conducted an investigation of Napoleon s corporate records and has confirmed the testimony of Mr Mark Schram I personally performed an investigation of the corporate records of Napoleon and determined Napoleon has at all times purchased prepackaged GDO systems from Guardian that include one receiver and only one transmitter in a single box At no time has Napoleon ever purchased a prepackaged GDO system from Guardian that had more than one transmitter Moreover Napoleon has never altered the prepackaged GDO system to include additional transmitters Based on the results of my investigation and based upon my review of my deposition testimony it 1s clear that I was mistaken when I testified that Napoleon may have tried to sell a prepackaged GDO system with more than one transmitter The fact is that Napoleon has never sold a prepackaged GDO system with more than one transmitter Exhibit O 15 There is no question th
108. and definitions 12 Patents gt 226 7 District court s finding that function of memory selection switch in elaimed remote control garage door opener system was to permit selection of particular memory loca tion at the receiver for subsequent storage of transmitted code by use of a switch connected to the microprocessor in apply ing funetion way result test to claim of in fringement under doctrine of equivalents improperly incorporated claim element s way into definition of function effective ly limiting the claim element to its literal terms 13 Patents gt 101 2 In means plus function element of patent claiming remote control garage door opener system claimed memory se lection switch means encompassed both a mechanical switch and software based embodiment in view of the patent s writ ten description and its prosecution history 14 Patents 7226 7 Where patent claim element utilizes term means and claim does not specify any structure or material for performing the recited function that element is a means plus function element under patent statute and that means covers the corre sponding structure material or acts de scribed in the specification and equivalents thereof 35 U S C A 112 15 Patents 324 5 Distriet court s determination of cor responding structure in connection with means plus funetion patent claim is a mat ter of claim construction whieh Court of
109. any patent issuing thereon JameS Davia 0115 zane 14 1998 LX 1475 ATTORNEY DOCKET 59838 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicants Carl Heitschel Received Colin Willmott J Wayne Schindier 1953 Appin No 08 709 610 Group 2700 Filed August 12 1996 Title CODING SYSTEM FOR AND SINGLE RECEIVER Y MULTIPLE TRANSMITTERS FOR GARAGE DOOR J OPENER Group Art Unit 2745 Exam ner Edwin C Holloway 111 Pr V Thomas Rhyne declares that Ls have been retained by The Chamberlazn Group Inc assignee of the aforementioned application 2 i nave been teaching and practicing the art of eiectrical engineering for over thirty five years including extensive experience with both analog and digital electronics degrees from Mississippi State University BSEE 1962 University of Virginia MEE 1964 and the Georgia snstitute of Technology Ph D in EE 1967 I ama registered Professional Engineer the State of Texas taugnt digital systems design and computer science Texas A amp M University from 1967 to 1983 and computer engineering at University of Texas from 1983 to 1990 My industrial experience includes work for Texas Instruments Control Data LX 1482 Serial No 700 610 PATENT Filed August 12 1996 Corporation NASA Texas Digital Systems Inc a company I co founded to
110. any time during the operation of the claimed GDO system The word code is only used to refer to newly received transmitter codes For example the patent specification states wherein the receiver can be placed into a program mode wherein it will receive and store two or more codes corresponding to two different transmitters Col 1 lines 47 49 In the program mode a code must be received four times in a row in order to be permanently stored in the receiver Col 2 lines 17 19 and Col 4 lines 34 37 The switch 23 can be moved to a number of selected positions to allow the particular code of a number of transmitters to be stored in the receiver Col 3 lines 14 17 Thus the codes of the transmitters 26 and 28 are transmitted and stored 1n the memory address storage 47 during the program mode Col 4 lines 6 8 If switch 22 is in the program mode as shown in FIG 3 when an incoming signal from a transmitter 1s received the flow diagram is followed so as to store the new 1ncoming code the code location pointed to by the code location pointer 23 Col 4 lines 57 61 It 15 seen that the present invention allows a receiving system to respond to one of a plurality of transmitters which have different unique codes which can be stored in the receiver during a program mode Each time the program mode switch 22 1s moved to the program position a different storage area as determined by the switch 23 can
111. at the claims of the patents in suit require more than a single transmitter otherwise the benefit of storing multiple transmitter codes cannot be satisfied Moreover all the claims of the patents in suit are written as system type claims covering collection of physical devices i e transmitters receiver switches decoder microprocessor etc each of which performs specific functions to ensure operation of the entire system In order to find infringement each of the claimed devices must be found in the accused product Because Napoleon has never sold a GDO system with more than one transmitter there can be no 14 direct infringement of the claims At a minimum there is a genuine issue of fact as to whether the accused devices have the required multiple transmitters IV GUARDIAN S GDOs Do Nor HAVE DECODER Another structural element required by each of the asserted system claims 1s a decoder The patent specification describes only one embodiment of the decoder and does not disclose or suggest any other acceptable alternatives In fact the patent specification refers to FIG 2 when it describes the operation of the decoder As illustrated in FIG 2 the garage door operator includes a receiver 41 which has a suitable antenna 42 for receiving radio frequency transmissions from the transmitters 26 and 28 and supplies an input to a decoder 43 which provides an output to a microprocessor unit 44 Exhibit C col 3 lines 1
112. ation thar form is referred to as a fiow diagram a term and a graphical format LX 1486 Serial 700 610 Filed August 12 1996 that are both well understood by those of skill in the art as describing the operations of a software program More specifically a diagram or chart describes a graphical format the steps executed by a stored program machine microprocessor unit The rectangles in Figures 3 and 4 define specific actions which are performed by the system under software control and the diamonds define test points at which a branch may be made based on the results cf the test defined within the diamond An example of this type of description is shown in Introduction to Microcomputers amp Microprocessors by Arpad Barna and Dan I Porat John Wiley amp Sons inc 1976 AG 19 Exhibit E 15 The two lower right blocks of Figure 3 describe the operation of the portion of the disclosed software control program executing in the microprocessor unit 44 which uses the code location pointer as the software memory selection switch to determine the location the GDO system s memory at which each newly learned transmitter identity code is to be stored As one of skill in the art would readily recognize these two LOCKS define in typical and well understood flow chart form a sequence of software operations executed by the microprocessor unit 44 and referred to in the art of computer
113. be connected so that the new transmitter code would be stored in that address Col 4 5 lines 63 67 and lines 1 3 emphasis added Each of the above excerpts from the patent specification makes it clear that the inventors used the word code in the claims to mean only newly received transmitter codes and not codes already stored memory Indeed the inventors distinguished newly received codes from previously stored codes when they referred to the latter as old codes Col 5 line 4 Significantly the term old codes is not used anywhere in the any of the asserted claims The patent prosecution history supports this claim construction During the prosecution of the 703 patent Chamberlain submitted a sworn declaration as part of its efforts to convince the Patent Examiner that the pending claims were patentable The declarant was none other than Mr Thomas Rhyne In that declaration Mr Rhyne told the Examiner the following e Code refers to the mew transmitter identity code that is to be programmed into the GDO e the code location pointer serves to identify the location within the memory at which the transmitter identity code to be learned 15 to be stored e the microprocessor uses the code location pointer 40 determine the location at which each newly learned transmitter identity code 18 to be stored Exhibit I at LX 1485 86 There is no ambiguity in what Mr Rhyne told the Patent
114. ble by the user to eliminate the requirements for code selec tion switches in the transmitters 364 pat ent eol 1 ll 58 54 The claim language does not supply any further constraints on the meaning of codes See Vitronics 90 F 3d at 1582 Claims 1 and 5 do not require an identical code in the transmitter and the receiver The language of both claims recite that the code of said first transmitter will be stored in said memory means Properly construed this language requires the memory to retain the code it associates with the first transmitter The claims however do not require that the memory store the exact sequence of coded bits transmitted from the transmitter as its identifying signal This reading of the claim language finds support in the written description which explains that a code is associated with a transmitter It does not describe any particular format encryption DIEFENDERFER v MERIT SYSTEMS PROTECTION BD 1215 Cite 194 F 3d 1275 Fed 1999 or alteration transmitted stored codes The distriet court thus avoided in terpreting codes so narrowly that any simple reformatting or addition of a single bit at the end of the code before storage would avoid the literal scope of claims 1 and 5 In the Intellicode system the unique fixed faetory programmed string of binary numbers in the transmitter do not match exactly the bits stored in the microproces
115. broken springs Contact a qualified garage door service person to make the necessary adjustments Lift the door approximately haifway When released the door should stay in that position If door pulls open or moves downward the spring mechanism 15 not adjusted properly Contact a qualified garage door service person to make the necessary adjustments When properiy instailed and adjusted the door wiil remain clear of the opening when allowed to rest at its natural full open position door drifts up or down the door is not adjusted properly Contact a qualified garage door service person to make the necessary adjustments Do not install the opener until these adjustments and repairs have been made Carefully follow the instructions for the assembly and installation of the garage door opener contained in this manual Tools Required for Assembly and Installation 1 2 and 7 18 Socket and Wrench Open End Wrench 5 16 and 1 4 Pencil Screw Onver 3 18 and 5 168 Bit Claw Hammer LX 1094 Push Button and Wires Warning Label lt Header Bracket Door Arm Curved ot v Door Bracket Ooor Arm Straight Screw Bag Photoeyesystem and Bracket Fastener parts in screw bag Identification 5 Flange Nut 4 Hitch Pin 2 Fiat Washer 2 Rope 1 5 16 18x1 1 47 20 5 16 Flange Nut 4 Hex Nut 2 Spnng Washer 5 16 18 14 20 142
116. cification nor the claims relate to moving previously stored codes around to different locations within the memory Therefore it is impossible to construe the Memory Selection Switch claim element which is common to all the patent claims to operate in the same manner as the code storage function of the accused Guardian GDOs Furthermore the Guardian devices do not have a decoder as required by the claims and there 1s a disputed issue of fact whether the accused devices include multiple transmitters For these reasons Chamberlain s cross motion should be denied The exhibits referenced in this opposition brief are in some cases the same exhibits used to support Napoleon s motion for summary determination Additional copies are attached for the Court s convenience I CHAMBERLAIN CANNOT EXPAND THE CLAIMS BEYOND WHAT IS DISCLOSED IN THE PATENT SPECIFICATION The law prohibits Chamberlain s attempt to expand the limitations of the claims beyond the written description in the patent specification let alone adopt a construction that is contrary to the arguments it made to the Patent Examiner during the prosecution of the patent application The specification of a patent acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication Bell Atlantic Network Serv v Covad Communications Group 262 F 3d 1258 1268 Fed Cir 2001 Thus the specification is always highly relevant to the claim cons
117. coming program in the code location pointed to by the code locauon pointer 23 It is to be noted that up to five addresses can be stored in the system of the invention t is seen that the present invenuon allows a receiving system to respond to one of a plurality of transmiuers which have different unique codes which can be stored in receiver during a program mode Each time the program mode switch 22 is moved to the program position LX 0007 35 264 5 different storage area as determined by the switch 23 be connected so that the new transmitter code would be stored in that address After all of the address storage capacity have been used addiuonal codes would erase all old codes tn the memory address storage before stongg a new onc Although the invenuon bas been described with respect to preferred embodiments 11 15 not to be so limuted as changes and modificanons may be made which are within the full intended scope as defined by the appended claims We claim as our invention 1 A garage door operator for a garage door comprising a garage door mecharusm with an output shaft connected to said garage door to open and close tl a radio receiver a decoder connected to receive the output of said radio receiver a microprocessor connected to receive the output of said decoder and to said garage door operation mechamsm to energize tt a switch moveable between pro gram and operate positions
118. connected Lo said mucroproces gor to place said microprocessor im the operate or program mode a memory means for storing a plurality of addresses connected to said microprocessor when said switch ts 10 the program posidon a memory selecuon switch connected to said uucroprocessor plurality of radio transmutters with different codes said memory selection switch posiuon at a ume when frst one of said radio wansqu ers 15 energued so that the code of said transmutter will be stored in said memory means and said memory selection switch set in a second position at a ume when a second one of said radio transmitters is energized so that the code of said second transmitter wil be stored in said memory means and said placed in the operate mode when said switch is in the operate position so that either or both of said first and second radio transmutters when energized cause said microprocessor to energize said garage door operator mechanism 2 A garage door operator for a garage door according to clam 1 wherein said first and second radio transmitters when energized radiate coded signals and said microproces sor receives and compares coded signals from said first and second transoutters with coded signals from said first and second transmutters with coded signals stored in said memory means and said microprocessor produces a garage operate signal if the received tra
119. controlled thermostats brought by Honeywell 1 92 to 11 92 assisted Kapali Eswaran in patent infringement case involving microcomputer controlled telephone answering machines brought against AT amp T 1 92 to 5 92 assisted Qume in trade secret case involving microcomputer disk drive controllers brought against Ultra Stor 10 91 to 7 92 assisted Banner Aeronautical in defense of wrongful termination action brought by Christianne Maho 8 91 to 7 92 assisted Ventritex in defense of trade secret suit brought by Intermedics involving analog and digital circuitry used in pacemaker and defibrillation devices 8 9 to 2 93 assisted Daewoo in patent infringement case involving personal computer and microprocessor technology brought by Texas Instruments 7 91 to 1 93 assisted IGT Inc in patent infringement case involving microcomputer controlled gaming machines brought against Bally Corp 11 90 to 3 91 assisted Western Graphtec Inc in defense of patent infringement suit in the area of thermal printing chart recorders brought by Astro Med Inc 9 90 to 2 93 assisted Telepanel Inc in patent infringement case brought against Pricelink Inc and against ERS involving retail shelf price electronic display systems Responsible for circuit and microprocessor software issues 2 90 to 1 93 assisted FMC corporation in trade secret case involving former employee of FMC and Hennessy company Technology is automotive wheel service equipment and
120. ct your local dealer Contact your local dealer Switch back to Vacation off position 8 LX 1107 1 Never permit children to play with or operate the garage door opener either from the wall station or the remote controls Keep radio transmitter locked in the car Misuse of the push button or transmitter could result in serious injury or even death 2 Open the garage door with the remote controls only when the garage door is fully visible to you and clear of obstructions The garage door should be kept in sight until it is completely open or closed and you are certain that the garage door opener has shut off 3 Attempting to exit the garage through the garage door opening while the door is in motion 15 a very dangerous activity that could resuit in senous injury or even death 4 Children and pets should always be clear of the door opening while the garage door is in motion 5 Check the safety reverse mechanism at least once a month to make sure that it will reverse with the minimum amount of force Also check to be sure that the door will reverse within 1 1 2 of the floor See page 20 6 Check the manual operation of your garage door at least every 90 days to be sure that it is operating smoothly and does not bind or stick Tighten boits on the door and visually check all hardware including springs for wear of damage Caution service is needed contact your local garage door service person 7 Do not decrease the safety r
121. d changes to col 4 line 48 then and col 4 line 61 23 The reasons for the deletion of the reference numeral 23 are set forth in the amendment dated March 27 1998 at page 19 These last named changes are requested in the present amendment e Ihe June 17 1997 Certificate Of Correction The last request for Certificate of Correction of Patent No Re 35 364 is dated June 17 1997 and made changes claims 1 and 2 which are no longer in the instant application No similar correction is needed here In summary the amendment of the specification corrects lines 48 and 61 of column 4 The corrections are the oniy ones needed to correct this application to the content of the prior Patent No 4 750 118 and Patent No Re 35 364 as modified by the certificates of correction VI THE CLAIMS PATENTABILITY POINT OUT AND DISTINCTLY CLAIM THE INVENTION The Examiner rejected claims 20 through 21 33 35 through 39 41 and 44 under 35 U S C 112 42 as being indefinite for failure to particularly point out and distinctly claim subject matter which applicants regard as the invention Office Action 4112 13 15 The Examiner however only identified the alleged indefiniteness on Claims 20 33 and 35 Therefore the following argument restricted to those claims iB LX 1567 08 700 610 Filed August 12 1996 More specifically the Examiner contended it is unclear as to whether claim 20 is lim
122. d hardware systems for their relationship to specific patent claims trade secrets copyrighted material and electronic evidence discovery Awarded three patents on SCSI bus switching equipment References on request Softix Inc Campbell California Engineer 1983 1986 Responsible for selection evaluation integration installation customer staff training and repair of all hardware components of a mixed vendor dual minicomputer system Latest product was implemented in a UNIX environment using the C language Responsibilities also included management of a software development team large scale software system architecture and design sales contracting production and field support including software analysis debugging and writing programs for feature enhancement Solely responsible for operating system driver program development and enhancement The systems are used for control and sale of entertainment tickets by ticket agencies and large arena complexes Projects involved work in Canada Australia Hong Kong and major cities in the United States Designed software architecture and electronics and supervised gaffordc v page Sept 7 2000 software and mechanical engineering for a graphic ink jet ticket printer having multiple microprocessors G Systems Santa Clara California Owner 1976 1983 Same duties as above as well as the following Designed software interface and hardware of message oriented disk controller f
123. d in location 0 the code from the first transmitter that 15 presently in location 1 15 copied to location 2 Likewise the code from the second transmitter that is presently in the original location 0 1s copied to memory location 1 The code from the third transmitter 1s then stored in location 0 11 If transmitter codes are stored in all available memory locations when new code is received the oldest code stored at memory location 5 is overwntten by the second oldest code that was previously stored in memory location 4 Likewise the code in 3 is copied into 4 the code 2 is copied into 3 the code in 1 is copied into 2 and the code in 0 1s copied into 1 Upon completion of this copying process the newly received code 15 then stored in 0 12 During the program function of storing new transmitter codes the Lynx product can only store a newly received code in memory location 0 13 The operation of the Lynx device 15 illustrated as follows OVERWRITTEN AND LOST BUFFER an LOCATIONS NEW CODE LYNX DEVICE 14 switch whether implemented hardware or in software performs the function of directing an item current information energy etc to one place or another The result produced by the Lynx controller of storing new codes in different memory locations is not performed using a switch There is no decision process as to where or even whether the new code will be stored When a new code is received i
124. dentity code is stored has completely ignored however the disclosure of the alternate software code location pointer which performs that same function as shown in Figure 3 and explained in the specification at Column 4 Line 51 to 57 Rhyne Decl 424 G The Language Describing The Software Embodiment Of The Invention Is Not Consistent With The Disclosure Of Just A Mechanical Switch E dim Further the Examiner has completely and inappropriately ignored the fact that the language of Figure 3 is in no way representative of a mechanical address changing method or apparatus Mechanical switches which are operated manually are said to be repositioned or advanced not incremented The term increment would rarely if ever be interpreted by one of ordinary skill in the art to describe the manual movement of mechanical switch Rhyne Decl 425 Similarly the returning of a mechanical switch to its original position would never be described as loading that switch with a specific numerical value Rhyne Decl 426 In addition a mechanical switch cannot be moved past its maximum position and then tested to determine whether or not it needs to be repositioned Either such a switch will reach a LX 1577 Filed No 08 700 610 PATENT August 12 1996 detent a mechanical stopping point when it reaches its maximum position or 1f it is circular or rotary in nature it will naturally move from its highest
125. detects obstructions during door operation If in the Downward close travel mode the Opener will sense an obstruction and reverse to the full open position In the Open mode the Opener will stop In both cases the light will start flashing and continue to flash for 60 seconds Since all doors are different the Sensing System has independent adjustments for customizing the level of force for the normal opening and closing of specific door Close Limit Switch In winter months it s common for small pieces of ice or packed snow to be trapped under the door Ground swelling may also effect the close limit setting of the Opener The Close Limit Switch overrides the Sensing System under the last one 1 inch of closing travel and prevents the door from reversing if it encounters an obstruction at this point Emergency Release A pull cord allows manual disconnect and operation of door during power failure Unit will automatically reconnect when release is reset the trolley release lever is snapped back to its original position power is restored and Opener is activated Mechanical Door Lock When properly adjusted opener locks door in closed position preventing unwanted entry Easy Connect Continuous Monitor Entrapment System System allows quick and easy installation of Silent Guard Photoeyesystem while control circuitry monitors these devices continuously for proper operation Constant Contact to Close for utmost safety if Silent Guard Photoeyesyst
126. e if the up pressure TRAVEL TRAVEL adjustment is set too light the operator will stop in the up cycle FORCE SENSITIVITY e Note There are 12 levels increments of up and down force sensitivity setting When either the maximum minimum setting is reached the light will flash 6 times Setting Force Sensitivity Adjustment Down force Sensitivity Adjustment e the down or close direction the operator will reverse if the force required to close ts exceeded the operator completes a full closure without reversing decrease the amount of pressure in increments of one push of the down button unt the operator reverses Once the operator does reverse in the down direction increase down pressure by pushing the down button once Up Force Sensitivity Adjustment e Inthe up or open direction the operator will stop if the force required to open the door is exceeded If the operator completes a full open cycle without stopping decrease the amount of force in increments of one push of the up button until the operator stops during the up cycle Once the operator does stop increase the up force by pushing the up button once For safety the force setting should always be set at the least amount necessary to run the door properly LX 1104 2 Safety Reverse System Warning Failure to Test Reversing System Could Result in Death or Serious Injury Test This System Once Month To test the Opener Reversing Feature at floor level
127. e 7610 application to the role of the hardware memory selection switch 23 in determining the memory location at which each new transmitter identity code is stored has completely ignored however the disclosure of the alternate software code location pointer which performs that same function as shown in Figure 3 and explained in the specification at Column 4 Line 51 to 57 25 Further the Examiner has completely and inappropriately ignored the fact that the language of Figure 3 is in nc way representative of a mechanical address changing or apparatus Mechanical switches which are operated manually are said to be repositioned or advanced not LX 1492 Serial No 700 610 PATENT Filed August 12 1996 incremented term increment would rarely if ever be interpreted by one of ordinary skill in the art to describe the manual movement of mechanical switch 26 Similarly the returning of a mechanical switch to its original position would naver be described as loading that switch with a specific numerical value 27 In addition a mechanical switch cannct be moved past its maximum position and then tested to determine whetner or not it needs to be repositioned Either such a switch will reach a detent a mechanical stopping point when it reaches 1tS maximum position or if is circular cr rotary in nature 15 will naturally move from its highest position to its initial position as its movement cont
128. e for actively inducing infringement un der 35 U S C 271 b only if they knew or should have known their actions would induce actual infringements Manville Sales Corp v Paramount Sys Inc 917 F 2d 544 558 16 U S P Q 2d 1587 1593 Fed Cir 1990 Pre issuance activities alone eannot establish inducement to in fringe See National Presto Indus Inc West Bend 76 F 3d 1185 1196 37 U S P Q 2d 1685 1693 Fed Cir 1996 Mi Chemical brought this suit two days after the patent issued at which time Mr Hummel took reasonable steps to avoid infringement Among other things Mr Hummel sought and relied on the advice of counsel in redesigning the accused ma chines The undisputed facts do not estab lish the knowledge necessary to find in ducement to infringe The district court appropriately granted summary judgment finding Mr Hummel not personally liable for inducing Lextron s infringement In conclusion this court reverses the district eourt s entry of judgment of non infringement with respect to claims 63 74 98 and 94 but affirms with respect to claim 91 This court affirms the district court s grant of summary judgment finding Mr Hummel not personally liable for in ducement to infringe The case is manded to the district court for an assess ment of damages COSTS Each party shall bear its own costs AFFIRMED IN PART REVERSED IN PART and REMANDED W KE
129. e of the increment instruction common to most computer languages and using a compare instruction to determine whether or not the incrementing instruction has moved the pointer past the end of the designated storage area If it has reached that cordition the software will load the code location pointer with the address from which it was started 30 accordance with the software instructions disclosed in Figure 3 the code location pointer will normally be represented as a binary value held in either a location or position in the memory connected to the microprocessor or in a register associated with that microprocessor As such its binary values will serve to establish specific electrical states for each of the electronic devices used to implement 13 LX 1494 Serial 700 610 PATENT Filed August 12 1996 such a memory location or register Thus as the value of tne code location pointer is changed during the repetitive Operation of the disclosed loop the electrical conditions of those devices are switched from one state representing the zero logical condition to an alternate state representing the one logical condition or the reverse collectively thereby representing the address of the allocated memory locations 31 Thus the changing states of the electronic structural elements serve to move or change the value of the code location pointer in accordance with the software based identity code programming loop discl
130. e reasoning engaged in by the Examiner in order to avoid holding that Software is disclosed in the application is incorrect and constitutes reversible error In view of the above claims 20 through 45 were improperly rejected under 35 U S C 8251 as new matter was not added to the zis LX 1578 in 08 700 610 PATENT ied August 12 1996 application Claims 20 through 23 28 30 and 34 through 45 were improperly rejected under 35 U S C 5112 41 as the subject matter of these claims was adequately described the specification VIII THE AMENDMENT TO CLAIM 37 In paragraph 15 of the Office Action the Examiner asserts that the original specification does not support the memory selection means selecting one of the memory addresses to be erased in claim 37 stating that only disclosure of the erase limitation is the description that additional codes erase all codes in col 4 line 67 which cannot support or enable the limitation of memory selection means selecting one of the addresses to be erased The Examiner is not reading the disclosure in context The remainder of the specification discloses that one code is stored in the memory at one selected location In order for the code to be stored at this location the location must be empty or any code previously stored at that location must be erased The subject disclosure states Each time the program mode switch 22 is moved to the program position different storage area
131. e when said first switch means is in the operate position so that either or both of said first and second radio transmitters when energized cause said microprocessor to energize said equipment 364 patent col 5 ll 11 35 col 6 ll 7 30 emphasis added 1266 Overhead 5 accused openers mar keted as the Intellicode system also use factory programmed identification codes instead of manual switches and learn to identify multiple transmitters Like the invention elaimed in the 364 pat ent the Intellieode features program and operate modes and stores transmit ter codes in selected memory locations during the learning process The Intelli code however does not use a manual mechanical memory selection switch Rather the Intellicode features software that determines the memory loeation for each new code Intellicode s micro processor under control of the software identifies unused loeations in memory and automatically stores a new code in an un used and available location parties dispute whether the Intellicode s software driven memory selection scheme is outside the scope of the 864 patent On August 7 1995 Overhead Door filed a declaratory judgment action seeking a judgment that the Intellicode does not in fringe the 118 patent Chamberlain coun terclaimed alleging willful infringement The 118 patent reissued as the 364 patent in October 1996 and Overhead Door amended i
132. eck ail nuts for tightness Assembly is now completed You are ready to begin installation of the opener 7 LX 1096 Installation Installation procedures will vary depending on type of garage door Identify your garage door from those illustrated below and follow procedure outlined for your type of door To determine high point of door Raise the door slowly until it reaches its highest point of travel Place support block un der the door and measure the distance from the floor to the top edge of the door Remove block and lower door Figure 8A Header Wali x d Header Bracket 7 2 2 Clearance Ceiling 4 High Point of Door Travel Support Block Sectional Door with Curved Track Springs Pulleys Cables and Mounting Hardware that balance your garage door are under tremendous pressure at all times and can cause senous injury or death if disturbed Do not attempt adjustment Figure 8B Step 1 Mounting the front Bracket Mark a vertical centerline on the header above the door By manuaily raising the door determine the high Pre Drawn Pre Orawn point of the doors travel see figure 8A and using a Vertical une Honzontai Line level transfer this measurement to the header See figure 8B Draw honzontal line crossing the previously drawn centerline at this point Install the front Mounting Bracket securely with lag screws as shown below if necessary reinforce the header with steel or wood to ens
133. ect different memory locations thereby en abling the microprocessor to store trans mitter identifiers in the memory locations The parties do not dispute that the Intelli code s memory selection software program performs this function The Intellicode however constitutes a different structure than the software dis closed in the 364 patent because it uses different algorithm to perform the recited function Figure 3 and the corresponding description indicate that the code location pointer increments through a series of memory locations automatically erasing the previous contents of a memory location when it stores a new transmitter code in that location When the pointer can no longer increment i e when it is pointing to the last memory location in the series the microprocessor load s code location pointer with one causing the pointer to loop back and select the first memory loca tion in the series The Intellicode on the other hand randomly chooses an unused memory location Thus the Intellicode s memory selection scheme is not identical to the structure disclosed in Figure 3 of the 564 patent 18 Moreover Overhead Door pre sented evidence that its memory selection Scheme is not structurally equivalent to that of Figure 3 structure in ac cused device is equivalent to the disclosed structure corresponding to a means plus funetion element if it is insubstantially dif ferent from the d
134. ection switch referred to in the specification and drawings of the instant application as the code location pointer The actions of this software memory selection switch are fully described in Figures 3 and 4 the instant application as well as at Column 4 Lines 31 through 68 of the specification Unlike the hardware version of memory selection switch the software memory selection switch moves from a first position to a second position and so forth automatically returning to the starting memory position only when all available positions have been used to store programmed transmitter identity codes No form of user selectability is 9 LX 1571 Appln No 08 700 610 PATENT Filed August 12 1996 provided or allowed for the software memory location switch Rhyne Decl 10 Dr Rhyne avers that Figures 3 and 4 of the instant application describe in a form familiar to those skill in the art as of October 1985 the software based control operations of the microprocessor of the GDO system In the instant application that form is referred to as a flow diagram a term and a graphical format that are both well understood by those of skill in the art as describing the operations of a software program More specifically a flow diagram or chart describes in a graphical format the steps executed by a stored program machine e g a microprocessor unit The rectangles in Figures 3 and 4 define specific actions which are perfor
135. ed repeatedly until a terminal condition prevaiis and the Leventhal textbook defines loop as a self contained sequence of instructions that a processor repeats until a terminal condition is reached A conditional jump instruction can determine if the loop should be continued of terminated Leventhal in fact devotes a twenty page section of his textbook to the subject of Loops and Arrays Section 5 2 pages 179 to 198 loop includes a body containing the instructions which are the principal business of the loop adjustment step is embodied in a set of instructions that adds to a counter of the number of repetitions already performed An exit from the loop is provided by way of a conditional branch The conditional branch involves a test for occurrence of certain conditions as shown for example Assembler Language Programming The IBM System 360 by George Struble Addison Wesley Publishing Co 1971 at pp 148 151 Rhyne Decl 4416 17 Term Code Location Pointer Tells One Of Ordinary Skill There Is A Software Embodiment The specification and drawings refer to the software memory selection switch as a code location pointer This term in and of itself clearly designates a software version of the memory selection switch Code refers to the new transmitter identity code that is to be programmed into the GDO Location refers to the specific memory address at which that identity code is to be sto
136. een program and operate positions in patent claiming remote control garage door opener system covered a two posi tion mechanical switch or its structural equivalent and was present in accused system which had two position spring loaded push button switch 1264 194 F 21 Patents lt 101 2 Term different codes in patent for remote control garage door opener system meant factory defined codes stored within the radio transmitters which uniquely identified each different transmitter and were not selectable or modifiable by user of system and term did not require an identieal code in the transmitter and the receiver thus that element was present in accused system in which unique fixed fac tory programmed string of binary num bers in transmitter did not exactly match bits stored in microprocessor s memory but its microprocessor in program mode stored secret key and thereafter in operate mode used secret key to verify authorized transmitters Kenneth R Glaser Akin Gump Strauss Hauer amp Field L L P Dallas Texas argued for plaintiffs appellees With him on the brief were Michael Low enberg Steven E Ross and Alex Char tove John F Flannery Fitch Even Tabin 4 Flannery Chicago Illinois argued for de fendant appellant With him on the brief were Robert J Fox and Karl R Fink Before MICHEL RADER and SCHALL Circuit Judges RADER Cireuit Judge The United States
137. em fails constant contact of mechanical push button is necessary to close door this mode of operation a radio transmitter cannot be used to close door Momentary Contact to Close Single touch to Radio Transmitter Wall Button will allow door to close as long as Silent Guard Photoeyesystem is operational Silent Guard Photoeyesystem An invisible infra red beam of light guards the door opening and reverses a downward moving door if the beam is broken by a stationary or moving object If the beam is broken the opener light wil flash for 60 seconds Motor control circuitry constantly monitors the Silent Guard Photoeyesystem proper operation Digital Radio Control in allowing over 1 6 million private codes easily selected without use of tools Bright transmitter LED indicates operation and monitors battery condition LX 1093 Before beginning installation of the operator please complete the following test to insure that your door is balanced in good working condition poorly balanced door could cause severe personal injury and damage to the opener Always have a qualified garage door service person make any needed adjustments and or repairs to your door before proceeding with installation Sectional Door 1 pU em 2 LL 3 Raise and lower the door and check closely for areas of sticking and binding Check for loose hinges woboly rollers frayed cables and damaged or
138. eme are 1 Higher peak power without exceeding the FCC rules which gives longer transmitter range 2 Elimunate code switches in the transmutter and receiver making easier for a customer to install and operate hus garage door operator 3 Customers having more than one transmumer will aot have 0 match codes 4 More secure codes due to the higher number of combinations which are available Other objects features and advantages of the invention will be readily apparent from the following descnpuon of certain preferred embodi ments thereof in conjyuncuon with the accompanying drawings although vanatons and modificauons may be effected without deparung from the spirit and scope of the novel concepts of the disclosure and in which BRIEF DESCRIPTION OF THE DRAWINGS FIG 1 is a perspective view illustraung a garage door operator FIG 2 illustrates in block form the invention FIG 3 compnses a flow diagram FIG 4 us a conanuanon of the flow diagram and FIG 5 illustrates the coding scheme DESCRIPTION OF THE PREFERRED EMBODIMENTS FIG 1 ulustrates a garage door operator 10 mounted to the ceding of a garage and connected to operate a door 17 Garage door operator 10 has a head umt 11 which s supported from the ceiling which includes a motor which dnves a suitable chain to which a wolley 13 is attached so that it moves along 12 The trolley 13 has a release cord 20 and p votally carnes lever arm 14 wh
139. ent Code location point er appears nowhere in the claims More over the only reference to a code location pointer in the written description is a sin gle sentence that does not illuminate Fig ure 3 If the switch 22 is in the program mode as shown in FIG 3 when the incom ing signal from a transmitter is received the flow diagram is followed so as to store the new incoming program in the code loeation pointed to by the code location pointer 23 Col 4 ll 57 61 The vague terms in Figure 3 do not override the claim language and written description that closely identify the memory selection switch as a mechanical device This court interprets memory selection switch to mean a mechanical switch with different positions each position corresponding to a different location in memory thus enabling the garage door operator to store codes in different memory locations Thus this court affirms on review the district court s interpretation of memory selection switch 5 6 Applying this claim construction to the accused device this court affirms the district court s summary judgment of no literal infringement of claim 1 Literal infringement of a claim requires that every limitation recited in the claim appear in the accused device ie that the properly construed claim reads on the accused de vice exactly Amhil Enters Ltd v Wawa Inc 81 F 3d 1554 1562 38 USPQ2d 1471 1476 Fed Cir 1996
140. ents made of my own knowledge are true and all Statements made on information and belief are believed to be true I have been warned that willful false statements and 16 LX 1497 Serial No 700 610 PATENT Filed August 12 1996 the like are punishable by fine or imprisonment or both 18 U S C 8 1001 and may jeopardize the vaiidity of the application or of any patent issuing thereon V Thomas Rhyne 17 LX 1498 DOCKET y IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicants Carl Heitschel Received No 08 700 610 JUN 2 5 1993 Filed August 12 1996 Group 2700 Title CODING SYSTEM FOR MULTIPLE TRANSMITTERS AND A SINGLE RECEIVER FOR GARAGE DOCR s x OPENER I Group eC Arc Unit 22 Examiner Edwin C Holloway III AMENDMENT AFTER FINAL REJECTION Assistant Commissioner for Patents Washington D C 20231 Sir Ca se to the Office Action of May 5 1998 please 197 amend the application as follows IN THE SPECIFICATION Please the paragraphs at column 4 lines 31 and 57 to read as follows 28 29 1998 STHORMTO 00000168 oa reference to the flow diagrams of FIGS 3 01 20 19 and 4 assumed initially that the switch 22
141. eoe k k k k k t k de k k k k k k k t k k k k X k k Kk K RANG NO SET RANG RANG Qux WRITE RANG WARE LIGHT 4 w w m w w DIL e u 11 321 M UP RAN OW RANG DEC PRC RANG DEC PROC LDX LDA CMP BEQ DECA JMP UP RANG RANG DEC PROC amp DOWN RANG 9 x 0 NO SET RANG SEC REP QUE EROR x x x w k k k k k k k k k k t k k k k eoe k k K K k K K k PBX PROC BRSET LDA J MP RTS SEQU FG ERROR FG SEQU LIGHT IR ERR ERROR FG IR ERROR PROC MOTOR PROC 10 STORE LIGHT e de x x x oe de e oie ode ode K KK ode e de oe oke W Page 3 CONFIDENTIAL LX 1161 U1 Ui r nj r CVC SND RIS ASSIGN DOWN FLAG NEW ADOWN ASSIGN CNT ASSIGN RET LOW LIMIT LIMIT SW CYC END STP MTR CNT CYC END MOTOR ON MOTOR FG CYC END ASS DOWN ERROR FG CLOSE DOOR ERROR LIGHT ASSIGN DOWN FLAG ASS DOWN ERROR FG OO k k t k k k k k K K k K k k kk k kt Kk k k k k k k KKK K ke e k ok NEW_ADOWN JSR BSET LDA LOADSSEC STA ASSIGN RET LDA STA NO STORE RTS ERROR LIGHT ASSIGN DOWN FLAG 4 ASSIGN CNT 250 KEY f K k k k k k k k lt k k k k k k fk k f k kt Kk k STORE PROC BRSET BRCLR DEC BNE MOTOR ON MOTOR FG NO STORE CLRFG FLAG NEWCLEAR ASSIGN CNT ASS
142. er cord is intact All ropes have been removed from the door The door moves freely without binding when operated manually The door 18 correctly balanced and lubricated All door hardware is secure and sound The sensitivity has been adjusted to minimum force The appropnate warning sticker has been affixed to the door The door reverses on obstructions to within 1 of the floor The floor beneath the closed door provides uniform contact The plastic envelope with this manual is attached to the wall near the push button 9 On doors with extension type spnngs safety restraint cables have been installed through the spnngs 10 There is protection on the power line to the opener 17 NENNEN A LX 1106 Symptoms Opener does not work from either the transmitter or push button Opener does not start on command and light flashes for 4 seconds Opener stops during cycle and light flashes 4 times Opener operates from push button but not radio Stops before reaching full open or closed Reverses when the door makes contact with the floor Light flashes 5 times but the opener does not start Light does not come on Light will not turn off Light stays on Probable Cause 1 W 21 22 23 24 29 26 Mechanical garage door lock is engaged 120 voit power is not present at outlet Shorted or defective push button Bell wire is shorted Malfunctioning logic board Thermal overload breaker protectio
143. er than a laser beam system which must have its elements precisely placed in order to operate Accordingly the Early patent is not analogous art It is not within the content of the prior art and can not be relied upon as a reference 2 Pinnow s Optical Signal Transmitting Device Is Not Relevant TO Assignee s RF System Which R tres R iv With Fix de The Pinnow patents can not be relied upon as prior art because they are not analogous prior art The Pinnow patents are not in the field of the inventors endeavor and not necessarily pertinent to the problem with which the inventors were concerned The Pinnow s optical signal transmitting unit contained in a watch for operating within a very short distance from an electronic locking system This type of unit would not commercially function out of doors as would be required for a GDO unit as claimed The Pinnow patents disclose that during normal operation the transmitter unit is not operated until the user is within arm s length of the lock The infrared beam emitted by the watch must aimed the lock by line of sight with the eye and aimed blindly as the beam is invisible Pinnow 397 patent col 4 lines 20 24 Such critical transmitter alignment would be almost impossible in those cases when the transmitter is not in line of sight with the receiver due to the limited diffraction of the infrared beam around intervening obstacles This is not 254 BE LX 1583 Appln
144. erly construed also covers the software based embodiment described in Figure 3 Id at 1273 Accordingly FIG 3 must be viewed as a whole and not selectively dissected as Chamberlain urges in order to read the claims on the accused Guardian devices An examination of FIG 3 shows that the software routine that begins the Memory Selection Switch begins at the top right side of the flow diagram where the label A 15 shown It does not as Chamberlain asserts start in the lower right hand corner Moreover there is no other embodiment the patent that describes or suggests operation of the software version of the Memory Selection Switch other than the complete flow diagram of FIG 3 Further there is absolutely no support in the specification or prosecution history to suggest that the software routine can begin where Chamberlain proposes Accepting Chamberlain s starting point would completely eliminate at least six separate functions required by the software flow diagram when the GDO is in the program mode These functions must be performed each and every time a new code is received from a transmitter Those six functions are outlined below 1 2 3 4 5 6 validating newly received transmitter codes four times and incrementing counter checking each newly received code against previously stored codes selecting a memory location for the newly received code incrementing a code location pointer checking the
145. ermined that memory selection second switch means covers only the me chanical switch of Figure 2 not the soft ware embodiment of Figure 3 The written description of the 864 patent and the pros ecution history however reveal a broader meaning of memory selection switch means As previously explained in this court s analysis of claim 1 Figure 3 illustrates a flow diagram describ ing both the oper ate and program modes of the inven tion 864 patent col 4 1 93 24 The two lower right corner dialog boxes of Figure 3 describe steps to store code at location pointed to by the code location pointer and increment code location pointer if pointer increments over five then load code location pointer with one 566 id at Fig 3 emphasis added Dr Rhyne s ex pert testimony shows that one of ordinary skill in the computer science art would understand the underlined terms to de scribe software operations Although software operations do not fall within the literal scope of the memory selection switeh in claim 1 the reissue 194 FEDERAL REPORTER 3d SERIES prosecution history also discloses a broad er reading for the switeh means of claim 9 First the patentees representation to the Patent and Trademark Office in November 29 1989 sworn declaration indi cated their intent to include the algorithm of Figure 3 as a corresponding structure for the switch means The patentees stat
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147. eversing sensitivity mechanism to overcome a damaged or poorly operating door This will adversely affect the operation of the safety reverse mechanism which could resuit in damage to the door personai injury or even death Caution Never operate the door opener if the reversing mechanism is not functioning property 8 Whenever possible the manual disconnect should only be used when the door is fully closed Caution Extreme must be taken whenever the disconnect cord is pulled with the door partially open Weak or broken springs may allow the door to fall rapidly resulting in property damage personal injury or death If a broken spnng is evident contact your local garage door service person immediately before disconnecting the door from the opener Never attempt servicing a broken 9 Always disconnect electrical power supply to the opener when performing any maintenance or service to the opener or garage door Failure to do so could resuit in electrical shock property damage personai injury or death 10 If any damage to any mechanical or structural component of the opener is observed discontinue use and contact your local garage door service person immediately 19 1 LL LX 1108 emjRawm 1 20 LX 1109 21 Gan ________ Emergency Pul Go
148. finitions textbooks and witness testimony Because it 1s fundamentally improper to rely on extrinsic evidence when intrinsic evidence alone will resolve any ambiguity in a disputed claim element Chamberlain s 77 315 IS Public Pem Sce P b che 11 14 2 construction cannot be sustained Vitronics Corp v Conceptronic Inc 90 F 3d 1573 1576 Fed Cir 1996 Chamberain s theory of infringement depends on a claim interpretation that ignores the claimed requirement that each newly received transmitter code must be stored in a different memory location that is different from the memory location used to store the previous code In addition Chamberlain contends that the claimed Memory Selection Switch has the ability to move previously stored codes around to different memory locations during the program mode despite the fact that the patents in suit make absolutely no mention of such a shuffling functionality Indeed the common patent specification of the 364 and 7703 patents discloses only a single methodology for storing newly received transmitter codes described above Moreover the patent specification and file history clearly and unambiguously define code as the new transmitter identity code that is to be programmed into the GDO Exhibit I at LX 1485 86 There is absolutely no teaching whatsoever that code refers to transmitter codes that have been previously stored in memory More importantly neither the patent spe
149. gh 45 under 35 U S C 112 41 on the basis that they contain subject matter which was not reasonably described in the Specification The assignee believes that the 24 through 45 rejection is a typographical error and it should read 34 through 45 aS claims 28 and 30 stand rejected individually The basis for the rejection is that the original specification did not enable or support the software embodiment but according to the Examiner is limited to a mechanical switch embodiment The Examiner s interpretation of the specification is Strained ignores specific recitations in the specification that more than two embodiments are set forth and does not interpret the specification as whole Rather he breaxs the specification into pieces looks at each of the pieces as an isolated subset and concludes that because language recited in haec verba there is no disclosure The patent should be interpreted as a whole An applicant disclosing the manner LX 1569 08 700 610 Filed August 12 1996 which stored program system is meant to work held an impossible standard For instance the functions that a software program would instruct a computer to perform for controlling machine readily apparent from the specification which describes for instance scan paths and parameters for full tray scanning as occurred in Robotic Vision Svstems Inc v V
150. he 610 application shows that it also provides a clear obvious and readily understandable disclosure of another embodiment of the disclosed GDO system This second embodiment includes a software memory selection switch refeired to in the Specification and drawings of the 610 application as the code location pointer The actions of this software memory selection switch are fully described in Figures 3 and 4 of the 610 appiication as well as at Column 4 Lines 31 through 68 of the specification Unlike the hardware version of the memory selection switch the software memory selection swicch moves from a first position to a second position and so forth automatically returning tc the starting memory position only when all available positions have been used to store programmed transmitter identity codes No form of user selectability is provided or allowed for the software memory Location switch ll As stated above the 610 application refers to the software memory selection switch as a code location pointer This term and of itself clearly designates a software version of the memory selection switch Code refers to the transmitter identity code that is to be programmed into tne GOO Location refers to the specific memory address at whicn identity code is to be stored and is a term commoniy used to designate such addresses as shown for Column 4 Lines 37 to 39 of the specification
151. he door motion limit information When it is being used for writing a new code it is always set to zero by the permanently set and unchanging new code write pointer which has the value of zero that is inherent in the CLR instruction found 8 lines from the end of page 5 of the software document Door asm Bates number LX1150 10 only software that stores a new code starts at line 231 of door asm and it always stores the new code starting at 00 because it clears sets to 0 the address argument used by the non volatile memory storage routine WRITE EEP The balance of the new code is always stored in address 01 because this address is set by the INC add one instruction at line 224 or door asm 11 A switch whether implemented in hardware or in software performs the function of directing an item current information energy etc to one place or another The result produced by the Lynx controller of storing codes received at different times in different memory locations is not performed with any kind of switch When a new code is received in the Lynx controller every existing code is always moved from its present storage location to one and only one new location not one of two new locations and the new code is stored in the same location as every other new code not one of two or more locations in memory There is no A B either or or any other switch function performed in the Lynx controller There is no decision process as
152. he program mode State and the transmitter being energized having the code different than the previously stored code It is respectfully submitted that this is not an indefinite recitation as one of ordinary skill in the art would know that the capacity alleged is one which is conditional upon those states being present The same argument applies to the recitations of claim 35 Claims 33 and 35 are definite LX 1568 08 700 610 Filed August 12 1996 VII THE SOFTWARE EMBODIMENT IS REASONABLY DISCLOSED AND SUPPORTS THE CLAIM LIMITATION DIRECTED TO THE SOFTWARE EMBODIMENT A The Examiner s Rejection Is Not Proper Claims 20 through 45 are rejected under 35 U S C 8251 as being based upon new matter The Examiner contends chat the specification of the original patent does not support the limitations a processor having a code location pointer processor controlled code location pointer a memory selection means software controlled code location pointer a memory selector microprocessor incrementing the code location point and memory selection means selecting one of the memory addresses to be erased Office Action 414 Except for the last limitation all of these limitations are supported by the software embodiment which as shown below is adequately described in the instant specification which is the same as that in the original patent The Examiner rejected claims 20 through 23 28 30 24 throu
153. his warranty in connection with the sale Installation or use of an this product pu a All labor charges for removal and re installation of the door opener are the responsibility of the owner a APN Lynx Industries shall not be responsible for the cost of any part labor or service charge which 15 gt performed by any other person or entity at any time P 2 arn gt gt Batteries not included the warranty program A Some states do not allow the exciusion or limitation or consequential or incidental damages This m Limitation s not valid in junsdictions which do not allow limitation of incidental or consequential damages sor limitation or warranty penods a LO This warranty give specific legal nghts also other rights which vary from state to DOOR C My Documents SourceCode C Program Files Microsoft Office Templates Normal dot 00 04 17 01 08 PM 0 2 00 04 17 01 10 PM 7 837 43 4 775 3 CONFIDENTIAL LX 1112 5 5 10T door program 4mhz xtal BITO L EQU 11111110 LIGHT_BIT EQU 500000010 DLYOIS EQU 50 RAM EQU 50H Een 1 0 PORT PA EQU 0 593 46 EQU LIGHT_RELAY EQU UP_RELAY EQU DW RELAY EQN HIGH LIMIT EQU LOW LIMIT MRT SEL EQU RF IN EQU o box db oh db Un D CA 4b b 4b 4b a B 4 gt gt o o o HA A d W 0 Z
154. ich 1s attached to a bracket 16 mounted to the door so as to raise and open it by pulling it along convenuonal rails The header urut 11 includes a receiver and operating mechanism and can be actuated from a control urut 38 which has a operate switch 39 The garage door operator can also be operated by the transmutters 26 and 28 which have operate transmit buttons 27 and 29 respectively LX 0006 35 364 3 As llustrated in FIG 2 the garage door operator includes a receiver 41 which has a suitable anienna 42 for receiving radio frequency transmissions from the transmitters 26 and 28 and suppues an input to a decoder 43 which provides an Output to cucroprocessor 44 The mucroprocessor unit 44 15 connected to a garage door operator mechanism 46 which includes the motor which dnves the chain 15 to move the door 17 in a conventional manner The control 38 13 connected to the microprocessor 44 A pair of switches 22 and 23 are mounted a switch unit 19 connected to the unit 11 and also to the microprocessor 44 The switch 22 15 a two position switch that can be moved between the operate and program posiuons to establish the operate and program modes The switch 23 can be moved to a number of selected positions indicated by the through 5 so as to allow the parucular code of a number of different vansmutters to be stored in the receiver so that the rece ver will respond to such codes In the illustrared embodiment the
155. ier which designates H points to a specific location in the memory of tne GDO C ystem s receiver the software loop disclosed in Figure 3 ui 2S executed by the microprocesser unit 44 the value of the code location pointer will be moved from one address to the until all five addresses in memory that were set aside LX 1489 Serial No 700 610 Filed August 12 1996 for transmitter identity codes have been used to store learned identity codes specific disclosure of this loop is Increment Code Location Pointer followed by b If Pointer Increments Over Five Then Load Code Location Pointer With One Step is the body of the loop it uses the increment operational to increase the value of the code location pointer by one Step b is the test used to terminate the loop by loading the code location pointer one its initial value 21 The language used in the flow chart to describe che loop which implements the software memory address switch code location pointer can only be descriptive of software based action The terms pointer increment load and if then are all specific to the software art wherein and only wherein they each have well understood meanings For example the Standard Dictionary of Computers and Information Processing Revised Second Edition by Martin H Weik Hayden Book Company Inc 1977 at p 182 Exhibit H defines
156. iew Engineering Inc 112 F 3d 1163 1166 Fed Cir 1997 Flow diagrams or source code listings are not a requirement for adequately disclosing the functions of software Fonar Corp v General Electric 107 F 3d 1543 1549 Fed Cir 1997 However software is disclosed in the instant application and it is clear that the Federal Circuit does regard flow diagrams as disclosing functions of software as is implicit in Fonar B ub pede 3 And 4 Are Flow Diagrams s The tware Embodiment It is error not to consider flow diagram Figs 3 and 4 particulariy Fig 3 as disclosing a software embodiment wherein a code location pointer is operated within and under the control of the microprocessor and is operated directly upon the memory address unit When as here the specification and drawings contain a description of the claimed invention albeit not in ipsis verbis in the identical words then the examiner or Board in order to meet the burden of proof must provide reasons why one of ordinary skill in the art would not consider the description sufficient In Alton 76 F 3d 1168 1175 Fed Cir 1996 Assignee is submitting tbe enclosed declaration of Dr V Thomas Rhyne snowing that one of ordinary skill in the art would consider the disclosure of the software embodiment sufficient The level of ordinary skill in the art of the instant application is that of an individual who as of October 1985 had a college degree
157. insolated staples supplied run the bell wire across the header and down the wall to one of the photo eye mounting Brackets Cut bell wire making sure there 15 enough to reach to the end of the mounting bracket Strip both ends of the bell wire 1 4 and attach both sets of wires to terminais on the back of the photo eye There will be two wires connect to each terminal one strand from each pair of wires insert screws coming out of the top of photo eye into the holes in the mounting bracket and twist the photo eye to engage into the bracket as shown in figure 13A on page 13 through the holes in the bracket and twist 12 LX 1101 7 Run the remaining bell wire up the wall and acrcss Figure 13A the other photo eye mounting bracket using tne suppued insolated Staples 8 Strip 14 of the insulation off the wire and attacn interconnect Wire terminals on the photo Repeat photo eye MOUNTING to opener as before Note This is the preferred method of wiring Alternative ay wiring methods are optional The pnoto eyes system will work properly as long as there are wires to all three components loop that the photo safety system Terminals 1 and 2 on the back of the power head and terminais on the of both photo eyes D Final Alignment and Test 1 Connect power to the opener The light on the opener will flash for 5 seconds indicating power nas
158. inues in the same direction Mechanical switches by their nature are self limiting combined increment counter and test fcr branch condition sequence for tneir operation would be unnecessary and even ill advised 28 Further if the Examiner is correct that the incrementing testing and loading actions described for controlling the code location pointer as shown in Figure are some way descriptive of a manual repositioning method 5 noteworthy that nowhere in the specification of the 7610 application is a description provided of the need for the operator of the GDO to turn switch 23 past its fifth position to observe chat the switch has reached a sixth position and 12 Serial 700 619 Filed August 12 1996 then to reposition the switch by rotating it in reverse to position no 1 29 The flowchart disclosed in Figure 3 a complete and sufficient disclosure of a software embodiment for control of the address at which each new transmitter identification code 15 to be stored in the memory of the disclosed invention The metnod disclosed in that flowchart will readily be implemented in actual software by one of ordinary skill in the software art In so doing he or she will use a memory location or a register to hold tne disclosed code location pointer initializing ic to the starting address of tne memory area designated for storage of the identity code moving 1 to point to new addresses us
159. involving computerized slot machine technology 7 95 to 1 96 assisted Fairplan Insurance Co in litigation brought by Alevy relating to the value of appliance monitoring computers 6 95 to 3 96 assisted MTI in patent litigation brought against CMD and Falcon involving RAID storage technology gafford c xv zage 4 Sept 7 2000 3 95 to 10 95 assisted Mallory in litigation relating to remote sensing of fluid storage and delivery systems brought by Tidel 3 95 to 11 95 assisted Black amp Decker in patent litigation relating to appliance timing and control brought by Worldtronics 12 94 to 2 95 assisted Midtronics in patent litigation involving electronics for battery chargers brought against Telecom Assistance Group 10 94 to 4 96 assisted Rockwell in patent litigation relating to telephone announcement systems brought by Golden Enterprises 5 94 to 5 95 assisted Fonar in patent litigation involving the electronics of magnetic resonance imaging equipment brought against General Electric and Hitachi 11 92 to 4 95 assisted Mitsubishi Corp in patent litigation relating to machine vision and computer information storage and retrieval brought by Jerome Lemelson 6 94 to 1 95 assisted AST in patent litigation involving technology for personal computers against Texas Instruments 4 94 to 1 95 assisted A amp L Technologies in patent litigation involving electronics for hearing aid amplifiers bro
160. is in the operate position an incoming signal will be 1563 08 700 610 PATENT Filed August 12 1996 supplied to terminal in FIG 3 and an output will be Supp ied to terminal B which indicates that the switch 22 is hot in the program mode but in the operate mode Terminal B 15 illustrated FIG 4 the microprocessor compares the incoming code with any codes in the five code locations stored in the memory address storage 47 If these codes match then the error counter is cleared and all other valid counters CN If the valid counter receives the code four times 4 chan then output is supplied to the terminal C which operates the garage door operator If the valid counter for the code equals less than 4 then the valid code counter is incremented until the valid code counter does equal 4 which actuates the proper output Relative to FIG 4 if the input code does not match any of the five stored codes then the error counter incremented and when the error counter equals 3 the error counter is cleared and all valid counters are cleared If the switch 22 is in the program mode as shown in FIG 3 when the incoming signal from a transmitter 15 received the flow diagram is followed so as to store the new incoming program in the code location pointed to by the code location pointer 23 It is to be noted that up to five addresses can be stored in che system of the invention
161. isclosed structure 566 Chiuminatta 145 F 3d at 1309 Overhead Door urged that the Intellicode software is substantially different from the claim el ement because its software uses memory more efficiently and minimizes the chances of overwriting previously stored codes Viewing the evidence in light most favorable to the non movant Over head Door this eourt finds that Overhead Door has raised genuine issue of materi al faet precluding summary judgment of literal infringement of claim 5 According ly this court remands for the fact finder to determine whether the Intellieode uses a structure equivalent to the mechanical switch in Figure 2 or to the software implemented algorithm in Figure 3 for selecting different memory locations Switch Moveable Claim 1 19 This court also agrees with the district court that switch moveable of claim 1 i e the program operate switch is present in the accused device dis trict court properly eonstrued this element as moveable switch connected to the mieroprocessor having at least two posi tions The mechanical switch of Figure 2 supports this construction Contrary to Overhead Door s assertion neither the claim language nor the specification re 1274 quires each switch position to be station ary and completely user selected Applying the trial court s correct claim construction to the accused device this court affirms the district court s findi
162. itch The claim uses the term switch a word connoting a mechanical device with differ ent settings such as on or off Claim 1 further defines the memory selection switch as connected to the microproces sor setable in a first position and set in a second position This claim language is more consistent with mechanical switch attached to the microprocessor rather than software programmed into the microprocessor In the 364 patent s Brief Description of the Drawings the patentee states that 2 illustrates in block form the inven tion Col 2 48 emphasis added Fig ure 2 complements the definition supplied by the claim language a 2 DECQCER 44 46 GARAGE DOOR OPERATION MECHANISM 39 the microprocessor 44 See id at col 3 ll 9 19 emphasis added see also Fig 2 Again this part of the patent suggests mechanical switch Finally Chamberlain does not contest the special master s interpretation of the program mode switch as a mechanical toggle switch interpret the term switch consistently in the claim and to harmonize the drawing depiction with the 1268 claim language this court confirms the district courts reading of the term switeh Thus the term memory selec tion switeh means a mechanical device separate from the microprocessor This interpretation is also most in harmony with the prosecution
163. ited to a second transmitter What claim 20 sets forth and sets forth definitely is only that the combination requires at least one transmitter but that the receiver be responsive to receive transmission from a second transmitter and act thereon There is nothing indefinite about chis language as it recites a specific characteristic of the receiver which enables it to act upon transmissions from a second transmitter as well as a first transmitter However it does not limit the combination itself to more than one transmitter The receiver may have the capability to process signals from a second transmitter producing a second code but two transmitters need not be positively recited in order for the receiver to structurally have that capability Accordingly claim 20 is not indefinite and should not be objected to or rejected on this basis The Examiner indicated that the recitation of can be in Claims 33 and 35 is indefinite The words can be indicate a present capacity in the combination as to the way the memory means is operable in that the code within the memory means in the claim combination is a changeable code That code may be changed placing the switch means in the program mode one of the plurality transmitters being identified which has a code which differs from the code previously stored in the memory means The can be recitation only indicates the conditional nature of the code change based upon the switch means being in t
164. ith the enclosed Consent of Assignee that rejection Office Action 47 is overcome III THE SUPPLEMENTAL REISSUE DECLARATION ACKNOWLEDGES THE DUTY OF DISCLOSURE FOR CONTINUATION IN PART APPLICATIONS The Examiner has taken the position Office Action 9 that the oath or declaration was defective because it did not recite acknowledgment of the duty of disclosure related information which occurred between the filing date of the prior application and a national or PCT international filing date of the continuation in part application executed declaration with tbe acknowledgement included therein is being executed by 3 LX 1565 L Appln 08 700 610 Filed August 12 1996 the inventors and will be submitted the near future It is respectfully suggested that the Examiner s objection will be overcome by such submission IV FORMAL DRAWINGS HAVE BEEN FILED The Examiner requested Office Action 110 that the formal drawings be submitted in the instant application They are submitted herewith It is respectfully suggested that this ground for rejection is overcome V THE SPECIFICATION HAS BEEN AMENDED TO CONFORM IT TO ALL CERTIFICATES OF CORRECTION THAT HAVE PREVIOUSLY BEEN ENTERED The Examiner reminded the assignee that it would be appropriate to incorporate prior Certificate of Correction changes into the instant reissue application In his comments the Examiner
165. k Emergency Release Step 8 installing the Push Button Step 9 Install the Bulb Step 10 Connect to Power Step 11 Setting Changing Transmitter Codes Step 12 Installation of Photoeyesystem Final Alignment and Test Operation and Adjustment instructions Setting the Limits Setting the Sensitivity Force Testing the Openers Reversing System Testing the Photoeyesystem Final Installation Trouble Shooting After the Installation Parts Breakdown Warranty NOTICE All Model LPL 33 and LPL 50 Garage Door Openers are designed and tested to offer safe operation Provided installation and use of this product is followed in strict accordance with these instructions for assembly and installation Failure to comply with these instructions could cause property and or bodily injury The opener is intended only for the use described in this manual and use other than intended wil void any and all warranties herein described LX 1091 You will see Warning Caution statements the following Pages Read and follow these safety instructions carefully Failure to do so could result in serious personal injury or death Warning means that severe injury or death may result from failure to follow instructions Caution means that property damage or injury may resuit from failure to follow instructions Be sure to read and follow all instructions carefully To reduce the risk of electric shock this equipment has a grounding type
166. k k k k e eed e NO MACHWORD INC ADDR LDA 11 EEP ADDR BCC CHK LOOP BCLR RF RECOK FLAG PASSWORD OK RTS x Y W s ove ode oe KEK n n Xx Page 3 Ui CONFIDENTIAL LX 1173 225 IN IRQ dO cu TIME OVER IRQ 55 D y kt ck Ye o k x e TIMER STATUS IN CAP F TIMER 2 P TIMER H TIMER L ATIMER H ATIMER L IN CAP H IN CAP L OUT COMP H OUT COMP L 1 11 tow 2 R lt oe oo Y KK SET READ RPM ce RK x lt KKK KR KK f EMEL f x r 1 1 D ui 1 EQU 12H EQU 7 EQU 6 EQU 5 EQU 1 EQU 0 k db db db db dE dE db dE KKK EE EQU 13H EQU 7 EQU 6 EQU 5 3e o Yx ce K RE KKK KKK EQU 18H EQU 19H EQU EQU 1BH EQU 14H EQU 15H EQU 16H EQU 17H de KK ode oe deo oe oF oe ode o SEI LDA LDA LDA STA LDA STA CLR LDA LDA STA LDA STA BCLR CLI RTS TIMER_STATUS TIMER_L IN_CAP_H RPM_CNT1 IN_CAP_L RPM_CNTO RPM_CNT2 TIMER_L 11000000 SET COMP INCAP OVER TIMER CTRL 15 SENSOR CNT SAMP OK MOTOR FG 4c e e ode ode SEL LDA STA LDA STA LDA 3 OUT_COMP_H 0FCH OUT COMP L TIMER STATUS CL
167. lation and operation manual advertising sheets flow diagrams circuit diagrams computer chip descriptions for the Lynx Proline garage door opener Production Nos LX1086 LX1136 Chamberlain s motion for preliminary judgment against Lynx 6 Federal Circuit opinion in Overhead Door Corp v Chamberlain Group Inc 194 F 3d 1261 Fed Cir 1999 PE Y ving Door installers for Over 25 Years Sa DRIVE OPERATORS Rapid L Rail Fastest Rail to Head Assembly in the Industry Available in 1 3 and 1 2 H P Models FEATURE BENEFIT Designed to Last Twice as Long as Some Operators Better Value to Sell Your Customer Rapid L Rails for Maximum Strength e Quickest and Easiest Rail to ead Assemcly Non Polanty Sensitive Photo Eyes No Color Code Wires or Terminais Ultra Secure Radio Controls e Forget about Code Grabbers Up to 195 Pounds of Lifting e Strong Enough to Hanale the Tougnest Door industry Standard Photo Eye Winng Works in all Pre Wired Garages Seif Oragnostic Electronics Helps Eliminate Costly Callbacks e Service All Internal Wires Have Connectors e Easy Helical Gear Up Down Stop Logic in Both Directions e Automatically Locks Door in Closed Position e Automatic Thermal Protected Motor ULTRA SECURE MS TRANSMITTERS Industry first and only mid size transmitters that can either mounted to
168. lowed the original patent No 4 750 118 and the claims of the first reissue patent U S Patent No Re 35 364 over the Tsubaki patent The Pinnow 397 patent is a continuation in part of the Pinnow 046 patent and thus the Pinnow 397 patent contains the disclosure of the Pinnow 046 patent The legal conclusion as to whether the subject matter set forth in claims 20 45 is obvious or nonobvious is one which cannot be solved by hindsight considerations It is clear that in this instance the Examiner has employed impermissible hindsight analysis in order to defeat the patentability of the pending claims The Examiner has decomposed the invention into its constituent elements found each element in the prior art and then claimed that it is obvious to reassemble these elements into the claimed invention This is a forbidden ex post analysis It is impermissible simply to engage in a hindsight reconstruction of the claimed invention using the applicant s Because the Pinnow 397 patent contains the complete disclosure we will only cite to the specification of the Pinnow 397 patent 18 LX 1580 08 700 610 Filed August 12 1996 structure as a template in selecting elements from references to fill the gaps In re Gorman 933 F 2d 982 987 Fed Cir 1991 In re Pleuddemann 910 F 2d 823 827 Fed Cir 1990 it is error to use applicant s specification teaching as though it were pri
169. ls uuual postuon Thus the codes of the transmucess 26 and 28 are transmitted and stored in the memory address storage 47 dunng the program mode after which the garage door operation mechanism will respond to either of the cransmut ters 26 and 28 Any desired number of transmitters can be programmed to operate the garage door mechanism as for example up to five transmutters can be programmed into the memory address storage 47 by using the program switch 22 and the selector switch 23 This invention elimunates the requirement that binary switches be set in the transmutter or receiver as 15 done in systems of the prior art to establish a code to which the receiver will respond and the invention also allows a garage door operator to respond to a number of different transmut ters because the specific codes of a number of the transmut ters is stored and retained in the memory address storage 47 of this unit FIGS 3 and 4 comprise the Bow chart which desenbe both the operate and program modes of the invenuon Basically in the operate mode a received code must match a program which has already been programmed and for four umes so as to operate the garage door This match is referred to as a valid code in the flow chart Each valid code can be separated by up to two error codes and sull have the output actuate For example a code of valid error error valid valid valid would actuate the door On the other hand a code of valid valid valid err
170. lue of the pointer to see if it has moved past the end of the memory area designated for storing the programmed transmitter identity codes and d if the end has been passed loading a new value into the pointer which will reset it to its starting value Rhyne Decl 423 Despite this clear disclosure the Examiner on Page 8 of the Office Action states his opinion that There is no indication that the incrementing of the location pointer in fig 4 sic is a separate software embodiment and this incrementing is interpreted by him as controlled by movement of switch 23 to the next position based on several references to switch 23 determining the memory location in applicant s disclosure 14 LX 1576 Appln 08 700 610 August 12 1996 Further page 21 the again asserts that the flow chart of Figure 3 represents moving the switch 23 by the user to the next pointer The Examiner makes these statements despite the obvious software based nature of the disclosure made in Figure 3 and Coiumn 4 and in a reversal of his previous agreement that the specification of the 118 patent did disclose a software embodiment In making the assertions quoted above the Examiner has properly cited the several references made in the specification of the instant application to the role of the hardware memory selection switch 23 in determining the memory location at which each new transmitter i
171. med by the system under software control and the diamonds define test points at which a branch may be made based on the results of the test defined within the diamond An example of this type of description shown uction Microcom rs Microprocessors by Arpad Barna and Dan I Porat John Wiley amp Sons 1976 at p 18 The two lower right blocks of Figure 3 describe the operation of the portion of the disclosed software control program executing in the microprocessor unit 44 which uses the code location pointer as the software memory selection switch to determine the location the GDO system s memory at which each newly learned transmitter identity code is to be stored As one of skill in the art would readily recognize these two blocks define in typical and well understood flow chart form a sequence of software operations executed by the microprocessor unit 44 and referred to in the art of computer science as a loop A loop is a set of microprocessor operations which is repeated until an end of loop condition is reached Rhyne Decl 4414 15 References describing the construction and use of software loops exactly as disclosed for controlling the code location pointer were readily available as of October 1985 The S Res LX 1572 08 700 610 Filed August 12 1996 previously cited IEEE Dictionary for example defines loop as a sequence of instructions that is execut
172. minating code changing switches in the transmitters and receivers of garage door openers while obtaining a substantial number of available codes so as to provide a secure system Willmott Decl 1411 12 person skilled in that art would not look to the electronic lock art where a mechanical key is inserted into the lock mounted at the door to open the door The Early patent is not analogous art also because the reflecting means of the Early patent only provides a very limited number of available patterns These are not fixed codes as claimed Also one skilled in the art wouid not look to the Early patent because a laser beam system in which the user must insert a mechanical key into a lock to be read by the laser beam and diodes is not practical for use in the operation of a garage door opener which requires remote operation by a radio frequency 220 1582 ie Appln No 08 700 610 PATENT Filed August 12 1996 transmitter The user of the Early system would need to get out of the to insert the key into the sensor to operate the garage door opener This would be a huge step backwards in the technology addition because the sensor of the Early patent if used in a garage door opener system would have to be mounted outside the garage a communication channel would need to be provided and a laser beam because of stringent columnation demands would not be practical There is no teaching or suggestion in Early of oth
173. mory addresses In the Lynx software these locations are designated as 0 1 2 3 4 and 5 corresponding to address pairs 00 01 02 03 04 05 06 07 08 09 and OA OB 7 In the Lynx device when a new transmitter code is stored in the receiver the new code 1s always stored in location 0 Each code that is already stored in a location is copied to the next location in order to make location 0 available for the newly added code 8 For example to store a transmitter code in a Lynx receiver the receiver must be set to the program mode by depressing the program operate button on the receiver and then depressing the button on the transmitter This causes a first code from a first transmitter to be stored into location 0 9 When a second code from a second transmitter is to be stored in the receiver the receiver program operate button is set to the program mode and the button on a second transmitter 1s depressed Before the second code is stored in location O the code from the first transmitter presently residing in location 0 is copied to location 1 and the newly received second code from the second transmitter is then stored in the same location 0 where the first transmitter code was previously stored 10 When a third code from a third transmitter is to be stored in the receiver the receiver program operate button 15 set to the program mode and the button on the third transmitter is depressed Before the third code is store
174. n has been activated Garage door springs out of balance Garage door 15 jammed Weak transmitter battery Travel limits are out of adjustment Photo eyes are obstructed light flashes 30 Seconds Photo eyes are out of alignment light flashes 30 seconds Photo eye bell wire is shorted light flashes 30 seconds Defective transmitter or receiver Up force sensitivity out of adjustment Down force sensitivity out of adjustment Bottom of garage door frozen to the ground Foreign object on the floor such as ice or snow Defective light bulb Radio receiver is not receiving the radio signal Location of radio transmitter Defective RPM counter board Defective programming board Defective photo eyes Defective transmitter Vacation switch 16 activated on the deluxe 3 function wail stations Probable Cause Solution 12 3 8 8 8 11417 23 24 14 5 7 8 11 12 13 15 16 17 18 22 23 24 6 9 14 20 2125 10 19 10 26 5 19 5 Solution 10 11 21 22 23 24 25 26 Remove all locks frorn the door Check circuit breakers fuse box receptacle Remove push button from wall and disconnect wires from the push button activate transmitter if the operator works from transmitter repiace push button Disconnect bell wire from the terminal stripe on the back of the power head activate transmitter Unplug operator at 120 voit outlet and then reconnect Consult repairman t
175. n the Lynx controller every existing code is always moved from its present memory location to a new memory location and the new code 15 stored in the same memory location where every other new code was onginally stored when it was first received There is no switch function performed in the Lynx controller 15 The accused Lynx product always stores every newly received code in the same location 16 Ihe Lynx software does not choose from two or more alternatives for a location to store a newly received code In other words the software does not select where to store the newly received code it always stores it in the same location 0 17 None of the software on the Lynx product contains a pointer that remembers from one programming operation to the next where to store the next code 18 only software that stores new code starts at line 231 of door asm and it always stores the new code starting at 00 because it clears sets to 0 the address argument used by the non volatile memory storage routine WRITE EEP The balance of Un the new code is always stored in address 01 because this address is set by the INC add one instruction at line 224 or door asm 19 The Lynx product has no mechanical switch that affects where the newlv received codes are stored 20 Ifa code is stored in the highest memory location indicating that all six locations are filled then that code is lost because it 1s overwnt
176. n the first posiuon and with che switch 22 in the program mode the code of the transmuzer 26 will be supplied to the memory address storage 47 and stored therein Then if the switch 22 is moved to the operate mode and the transmucter 26 energized by depressing the transmit swatch 27 receiver 41 decoder and the microprocessor 44 will compare the received code with the code of the transmitter 26 stored the first memory location iz the memory address storage 47 and since the stored memory address for the vansmuner 26 coincides with the transmitted code of the uvansmiuer 26 the microprocessor 44 will energize the garage door operauon mechanism 46 io open or close the door n order to store the code of the second transmitter 28 the switch 22 is moved again to the program mode and the switch 23 to the second position and the transmitter 28 1s energized by depressing transmit switch 29 This causes the rece ver 41 and decoder 43 to decode the transmitted signal and supply it to the microprocessor 44 which then supplies the coded signal of the transrmumer 28 to the memory address storage 47 where w 1s stored m a second address 30 45 55 4 storage location Then the switch 2215 moved 10 the operate position and when e ther of the transmutters 26 and 28 are energized the receiver 41 decoder 43 and microprocessor 44 wil energize the garage door operation mechanism 46 to cause the door to either move up or down depending upon I
177. n this ac tion Claims 1 4 were part of the original patent U S Patent No 4 750 118 the 7118 patent Chamberlain added claims 5 8 during reissue proceedings The two inde pendent elaims 1 and 5 recite 1 A garage door operator for a garage door comprising garage door operation mechanism with an output shaft connected to said garage door to open and close it a radio receiver deeoder connected to receive the output of said radio receiver a mieroprocessor eonnected to receive the output of said decoder and to said garage door operation mechanism to en ergize it a switch moveable between program and operate positions connected to said microprocessor to place said micropro cessor in the operate or program mode a memory means for storing a plurali ty of addresses connected to said micro processor when said switch is in the program position a memory selection suntch connected to said microprocessor a plurality of radio transmitters with different codes said memory selection switch setable in a first position at a time when a first one of said radio trans mitters is energized so that the code of said first transmitter will be stored in said memory means and said memory selection switch set in a second position at a time when a second one of said radio transmitters is energized so that the code of said second transmitter will be stored in said memory means and said microprocessor placed in the operate m
178. nc v Linde Air Prod ucts Co 339 U S 605 609 70 S Ct 854 94 L Ed 1097 85 USPQ 328 331 1950 important factor in determining equiva lency is whether persons reasonably 194 FEDERAL REPORTER 3d SERIES skilled in the art would have known of the interchangeability 7 11 12 This court has explained that the function way result test may help de tect an equivalent particularly for mechan ical elements See Dawn Equipment Co Kentucky Farms Inc 140 F 3d 1009 1016 46 USPQ2d 1109 1113 Fed Cir 1998 The function way result test dic tates that an element in the accused device is equivalent to the claim element if it performs substantially the same funetion in substantially the same way to obtain the same result Graver Tank 339 U S at 608 70 S Ct 854 Applying the function way result test to claim 1 the district court found that the function of the mem ory selection switch is to permit se lection of a particular memory location at the receiver for subsequent storage of a transmitted code by use of a switch con nected to the microprocessor Overhead Door Corp No 95 CV 1648 D at 24 N D Tex Jan 18 1999 emphasis added The distriet eourt then found that this funetiu was totally missing from the accused device because the user is unable to predetermine selection of specific de sired memory locations This application of the function way result test erroneously inc
179. nd down adjustments to provide maximum flexibility for every application e Obstacle programming nas 12 eveis of adjustment to accommodate the ightest to heaviest garage 20078 e Up to 6 uitra secure MS WKP wireless keypad transmitters programmed to each receiver 3 Over one million factory set codes give the uitra secure radios virtually zero of duplication or code graboing OPTIONAL ACCESSORIES o Wireless keypad with cover can be programmed with codes fram 1 to 8 digits maximum secunty ncludes Dack ugnt or your convenience wren used n ooor ighting situations 2 channei transmitter operates 2 garage door operators ndependentiy transmitter can Se used in second car to activate dcunlewide doors Deluxe 3 function wall station turns Courtesy gnt off en activates operator and vacation switcn turns off radio signal PRO LINE Lynx ARIZONA 91 North 577 Arwen Anrona 5043 Tall free 500 233 3599 502 354 1319 502 352 1 CALIFORNIA 5201 Stagg Street Jan Nuys 31408 trae 800 359 8351 m 818 906 3915 818 906 1151 OHIO 111 Weres Orve Arenboid 42502 tree 800 333 5399 er 419 445 lt 0 1419 448 2618 SIDA Sym ONTARIO 040 Ores 2mano Canada 5 1 4 free 584 839 5969 e 41
180. ng that the Intellieode s two position spring loaded push button switch satisfies the switch moveable limitation In affirm ing this court understands that the ac cused switch returns to a stationary posi tion when the user releases the push button The parties do not dispute that the program operate switch of the Intelli code is mechanical two position user operated switch Overhead Door urges however that its momentary switeh does not have an operate position the pro gram position is not stationary and the switeh does not permit the user to select the operate mode This court finds this argument unpersuasive The Intelli code two position switch is mechanical switeh movable between an operate and program position at least momentarily and is connected to the microprocessor Thus this court affirms the district court s summary judgment ruling insofar as it rested on the finding that the Intel lieode literally meets the switch movea ble requirement First Switch Means Claim 5 20 Claim 5 recites first switch means for selection between program and operate positions connected to said micro processor This claim element uses the term means and the claim does not spec ify any structure or material for perform ing the recited function Therefore the district court properly held first switch means is a means plus function element under 35 U S C 112 16 See 174
181. nsmitters and if it has looping the code location pointer back point to the first memory location of the five by restoring the value held in the code location pointer to its initial value of 1 Thereafter the learning of a new code will overwrite the code currently stored in location 1 The test for a code already being anywhere in the set of five memory locations however will prevent the same code from occupying more than one of the five memory code locations 33 software program described in Paragraph 32 above can readily be performed on any of the several microprocessors available at the time the original application was filed including the microprocessor disclosed 0 5 Patent 4 638 435 to Schindler That patent which was specificaliy referenced stating that the 610 application comprises an improvement over disclosed the use of the microprocessor zo control the learning of a single transmitter identity code 34 The RAM register bank of columns 20 21 and 22 of the 433 patent contains a single three byte memory area used to store the nine bit manually assigned identity code of the lone radio transmitter of that patent Those locations are assigned the location name TRIDAT see the LOCATION table at the bottom of column 20 corresponding to the trinary encoding which is used the GDO system of the 7433 patent for transmitting data from the lone radio transmitter of that pacent to the receiver of the
182. nsmutted signal and any one of said coded signals stored in said memory means match 3 garage door operator according to clam 2 wherein said memory selection switch has n positions where is an integer and the codes of n transmitters can be stored in said memory means when said switch 15 in the program mode 35 45 6 4 g2rage door operator according to clarm 3 wherein the code stored in said memory means be changed by placing said switch in the program mode and one of said plurality of transmitters 15 energized which has a code which differs the code previously stored said memory means 5 An operator for controlling operation of equipment comprisuig radio recen er a decoder connected to receive the ouput of said radio receiver microprocessor con nected 0 receive the of said decoder and ta said equipment to energize first switch means jor selection between program and operate positions connected to said microprocessor to place said microprocessor in the operate or the program mode a memory means for storing plurality of addresses connected to said microprocessor when said first rwitch means is in the program position memon selection second switch means connected to said microprocessor a plurality of radio transmitters wuh dif ferent codes said memory selection second switch means being adapted to select first position at time when a first one said radio
183. nt to the claimed system By definition an equiva lent does not fall literally within the claim language Although the literal meaning of the memory selection switch does not cover the software implemented ntelh code this case does not preclude applica tion of the doctrine under Sage Products because any application of the would not leave some aspect of the claim missing from the accused device Apply ing the doctrine of equivalents to cover Intellicode s software does not vitiate the memory selection switch element See id at 1423 24 As properly construed the memory se lection switch means a mechanical switch for selecting memory locations The ques tion remains whether the Intellicode s soft ware driven memory selection scheme is equivalent to a mechanical switch This issue remains for the fact finder to deter mine at trial in view of the considerable evidence in the record Memory Selection Second Switch Means Claim 5 13 141 Claim 5 recites a memory se lection second switch means being adapted to select a first position and a second position Because this claim ele ment utilizes the term means and the claim does not specify any structure or material for performing the recited func tion the district court properly held memory selection second switch means is a means plus function element under 35 U S C 112 16 1990 See Al Site Corp v VSI Int
184. o replace logic board Allow time for motor to cool down 15 to 30 minutes depending on temperature in the garage Thermal breaker automatically resets itseif Consult service repairman to balance or replace springs Operate garage door manually disconnect opener by pulling red cord on the trolley Look for binding or Jamming of the garage door Consult service repairman Replace 12 voit battery in the transmitter by removing the screws on the backside of the transmitter case and pulling the case open to expose battery Refer to page In the installation manual Check for obstructions between the photo eyes and remove obsiruction Check red LED inside the lens of the receiver photo eye photo eye with 4 wires Led will ight up when photo eyes are aligned properly refer to page 12 amp 13 In the installation manual Replace existing bell wire with new Make sure that insulated staples do not short wire Contact your local dealer Adiust up force sensitivity see page Adjust down force sensitivity see page Free bottom of the door from the ice Clear foreign objects from under the door Replace with rough service bulb of 75 watts or less Point wire antenna straight down towards the floor Ensure radio signal transmitter has a direct line of site to the receiver Radio signais do not pass through metal objects but do penetrate glass Contact your local dealer Contact your local dealer Contact your locai dealer Conta
185. o14 1018911290 280 391117 mdmo j 1104 oma Ge mee pr EN AZI 92001812 81 14 1 00 ndy 178 1 10dur que 1m Kqpuvi aujo rooms joqui amp g 82 19 10 20 Jeu 15132913 1209 07 10U sy tit 9901 SUO puo 19110 BIA Jo uotyei9do jeuorpung ep orjuvieqns on osqy potjr eds ofuer eu soreenG Aquo 98918 oso AE 0 58A oBer 39801 01 0 93 310A Kqddng sBupey eynjosqy 0 9L 91 0 06 02901 01 9 09 9892076 5 NI SOW 1n21 2 uopo9eutuoo ejeurxojddy Am 024491 02d91H 8 4 NI SOWO 011W3ULIQA Spout 10 0 LANO NI 1ndut epo 021002 989 Jurarure 12034 SOND 0013 10 GA 4 Bolg NELLE
186. ocations 00 and 01 without regard to the other code contents of memory 23 Since there is no checking function to determine whether a new code entered during program mode matches an existing stored code the same code can be entered 6 times Therefore it 1s possible to fill all available memory locations with the same code Exhibit G Without those functions there 15 no memory Selection Switch and there can be no finding of infringement either literally or under the doctrine of equivalents Pennwalt Corp v Durand Wayland Inc 833 F 2d 931 Fed Cir 1987 C Guardian s GDOs Do Not Increment Chamberlain s motion for summary determination should also be denied because it fails to establish that the Guardian GDOs perform the incrementing step required by the claimed Memory Selection Switch Even assuming Chamberlain s improperly dissected flow diagram of FIG 3 is a correct representation of the Memory Selection Switch there 15 no dispute that FIG 3 requires that the code location pointer must increment after storing a first newly received transmitter code so that it points to a different memory address to store the second or next received code see Chamberlain s brief at pages 13 14 code location pointer is automatically incremented by the microprocessor each time the receiver learns a new transmitter code last action block on right Zd The patent specification including FIG 3 makes clear that this function is a s
187. ode 2 Early s System Of Optically Reflecting Patterns As Part Combination With The Other References Does Not Suggest Non User Changeable Codes Realizing that the cited prior art does not teach the claimed plurality of transmitters with non user changeable codes the Examiner contending that because Early s disclosure of a plurality of mechanical keys which have thereupon non user changeable reflecting patterns suggests plural radio frequency transmitters with non user changeable codes in the Pinnow patent or the Tsubaki patent This is specious Mechanical patterns have no relation to electrical codes Tsubaki also does not suggest such transmitters Tsubaki discloses repiacing DIP switches in the receiver but this does not suggest replacing DIP switches in the transmitter because Tsubaki did not do so Thus because none of the prior art in the Examiner s three asserted combinations shows or suggests this claimed feature of a plurality of radio frequency transmitter with non user changeable codes the claims are patentable for this reason alone The three combinations of references relied upon by the Examiner fail to render the subject matter of the claims obvious because the combined references do not teach or suggest all of the claim limitations This claimed feature of non user changeable codes provides the garage door opener with many 24 LX 1586
188. ode set at the factory if you enter more than 6 transmitters the oldest transmitter be dropped from memory and the new transmitter wil be added To delete all transmitters from memory hold the receiver set button in for 5 seconds The courtesy light will then flash 7 times indicating all transmitters have been cleared from memory LX 1100 Your Garage Door opener 1 supplied with Auxiliary Entrapment System Please Read The Following Carefully Important The Opener will not operate the Silent Guard Photoeyesystem is installed properly aligned and connected The Beam must not be obstructed in any way If obstructed the door can be closed by applying constant pressure to the wall button only The Transmitter cannot be used to close the door Warning A Garage Door without an Auxiliary Entrapment Protection System Poses a Threat of Injury or Even Death Install the Photoeyesystem No Higher than 47 6 Above the Floor To Reduce All Risk to Children Risk of Entrapment Disconnect Power to the Opener Before and During Installation of This Accessory Do Not Reconnect Power to Opener Until instructed To Do So Ensure Doorway is Clear Before Starting Testing of Unit Step 12 Figure 12A Installation of Silent Guard Photoeyesystem A Mark the position of the Silent Guard Photoeyesystem as follows Mark a line on the left and right door jamb as close as possible to the door track 4 and 6 above the floor See Fig
189. ode when said switch is in the operate position so that either or both of said first and second radio transmitters when energized cause said microproces sor to energize said garage door opera tor mechanism 5 operator for controlling opera tion of equipment eomprising radio receiver a decoder connected to receive the output of said radio receiver a mieroproeessor connected to receive the output of said decoder and to said equipment to energize it first switeh means for selection be tween program and operate positions connected to said microprocessor to place said microprocessor in the operate or the program mode a memory means for storing a plurali ty of addresses connected to said micro processor when said first switch means is in the program position a memory selection second switch means connected to said microproces sor a plurality of radio transmitters with different codes said memory selection second switch means being adapted to select a first position at a time when a first one of said radio transmitters is energized so that the code of said first transmitter will be stored in said memo ry means and said memory selection second switch means being adapted to select a second position at a time when a second one of said radio transmitters is energized so that the code of said second transmitter will be stored in said memo ry means and said microprocessor placed in the operate mod
190. operators of the prior art used transmutters in which the code can be changed by vanous methads as for example by moving two positon switches to change the code Such systems have also used code changing switches the receiver so that the receivers can be set to correspond to the selected transmitter code t has also been known to use fixed frequency transmitters and fixed frequency receivers such that if the transmitted frequency matches the receiver frequency the receiver will respond SUMMARY OF THE INVENTION It 15 an object of the present invenuon to provide plurality of transmutters wherein cach transmitier has its own umque and permanent non user changeable code and wherein the receiver can be placed into a program mode wherein it will receive and store two or more codes corre sponding to two different transmutters The number of codes wruch can be stored n transmitters can be extremely high as for example greater than one oullion codes Thus the invenuion makes it possible to eliminate the requirements for code seiecuon switches in the transmutters In the present invenuon the decoder module in the receiver will be capable of learning several different wans muned codes which will eliminate code switches in the receiver and also provides for mulupie transmutters for actuaung the garage opener The communication link can be various system such as radio frequency light wires etc The invenuon makes very easy for
191. or art in order to make claims appear to be obvious A The Early Patent The Pinnow Patent And The Tolson Patent Are Non nalogous Art In order to rely on a reference as a basis for rejection of the claimed invention the reference must either be in the field of the inventors endeavor or if not then the reference must be reasonably pertinent to the particular problem with which the inventors were concerned See In re Oetiker 977 F 2d 1443 1447 Fed Cir 1992 25 Early Is Not Pertinent Applicants Problem Because Early Does Not Describe Code Oxr Electrical Signals Stored In Memory But Rather A Key Which Physically Interacts With Lock Via Optical Patterns Which When In his rejections using Early in the above three art combinations the Examiner mainly relies upon the second embodiment of the electronic lock disclosed in the Early patent see Fig 4 The Early patent which is in the electronic lock art must have its mechanical key physically inserted into the lock mounted at the door to open the door in the path of a laser beam in order that the light reflecting pattern on the key may be scanned by the laser beam The key must be in the lock to provide a circuit path to power up the lock Col 3 lines 39 41 The light reflecting means may be a crystal a plurality of small mirrors positioned to reflect light in the unique pattern or made of many small light reflecting flakes embedded in plastic see col 2 line
192. or DEC PDP11 computers at Microcomputer Systems Sunnyvale California Assisted design of emulator for DEC PDP10 computer at Foonly Inc Mountain View California Assisted legal team as technical expert in litigation between DEC and Microcomputer Systems over patents involving MASSBUS equipment Conceived and managed hardware and software design and development of microcomputer controlled ticket printer for BASS Tickets Oakland California with emphasis on reliability and maintainability Design focused on replacing hard wired functions in previous units with software functionality Responsible for selection evaluation integration installation staff training and repair of all hardware components and some software of a mixed vendor dual minicomputer system Duties included software debugging and writing enhancements in the field The systems are used for control and sale of entertainment tickets by ticket agencies and large arena complexes Wrote communications software and device driver for transportation ticketing system Stanford University Palo Alto California Engineer 1973 1976 Responsible for computer engineering projects in association with robotics research group at Stanford Artificial Intelligence Laboratory Duties included design construction and debugging DC motor control and sensor electronics for a robotic arm and their interfaces to a DEC PDP11 computer and maintenance and enhancement of a large assembly language
193. or error error valid would nor actuate the door In the program mode a code must be received four umes in a row in order to be permanenuy stored Any error code will reset the valid code counter with reference to the flow diagrams of FIGS 3 and 4 if it be assumed that the switch 22 is the operate position an incoming signal will be supplied to terminal A in FIG 3 and an output will be supplied to terminal B which indicates that the switch 22 is not in the program mode but the operate mode Termunal is illustrated in FIG 4 and the microprocessor compares the incomung code with any codes in the five code locanoas stored in the memory address storage 47 f these codes match then the error counter is cleared and all other valid counters f the valid counter receives the code four dimes than output 15 supphed to the termina C which operates the garage door operator If the valid counter for the code equals less than 4 then the valid code counter 1 incremented untl the vald code counter does not equal 4 which actuates the proper output Relative to FIG 4 uf the input code does not match any of the five stored codes then the error counter is incremented and when the error counter equal 3 the error counter 15 cleared and all valid counters are cleared If the switch 22 is in the program mode as shown in FIG 3 when the incoming signa from a transmutter ts received the Bow diagram 15 followed so as to store the new in
194. orporates the claim element s way into the definition of the function effec tively limiting the claim element to its literal terms The claim language and the specification explain that the memory selection switch functions to select memory locations This claim element accomplishes its function by way of a mechanical switch This particu lar switch constitutes the claim element s way of accomplishing the memory selec tion function not the function itself The result of this element is storage of codes in different memory locations The record at this stage preliminary to a trial creates a genuine issue of material fact whether the Intellicode accomplished substantially the same function in substantially the same OVERHEAD DOOR CORP v CHAMBERLAIN GROUP INC 1271 Cite as 194 F 3d 1261 Fed Cir 1999 way to achieve substantially the same sult Moreover contrary to the district court s determination this court s ruling in Sage Products does not limit the range of equivalents to the memory selection switch in this case In Sage Products this court noted that the claim limitations top of the container and over said slot constituted a precise arrangement of structural ele ments and a clear structural limitation in a relatively simple structural device Sage Prods 126 F 3d at 1425 Finding that Sage s theory of equivalence i e a container having two constrictions
195. osed in Figure 3 32 The body of the disclosed sofware loop shows the steps of a Storing the new code in the location of the memory currently pointed to selected or addressed py the code location pointer Note that the code is new because of the test made immediately before entering the loop which assures that the received code is not already stored in the memory of the receiver b Moving the code location pointer to the next higher position through the use of an increment instruction that causes an increment operation to occur The act of incrementing causes the pointer move one through a sequence of addresses Note that when incrementation of a pointer is used to designate storage locations those locations are addressed as contiguous memory locations e g as 5000 5001 5002 5003 and 5004 locations cannot be scattered throughout the memory address space In the illustrative embodiment of Figure 3 this step moves che code location pointer from 1 to 6 Note that incrementation cakes place after the Step of storing the new code thereby moving the code location pointer to the value of 6 after a code has been stored in location 5 14 LX 1495 fu 1 3 Serial No 700 610 PATENT Filed August 12 1996 c Testing to determine if the act of incrementing has moved the code location pointer past the last address in memory for storing a code related to one of the five tra
196. ovided by in cluding multiple storage locations in the receiver and including a programming OVERHEAD DOOR CORP v CHAMBERLAIN GROUP INC 1213 Cite as 194 F 3d 1261 Fed Cir 1999 routine which receives and stores codes transmitted from the code transmitters of the svstem at 5822 emphasis added This state ment further supports reading switch means to include structure corresponding to Figure 3 The differences in claim language bol stered by the patentees statements during the reissue proceedings cause this court to reach a broader construction for claim 5 than for claim 1 See Vitronics 90 F 3d at 1582 The district court erred in ruling that only the mechanical switch in Figure 2 is corresponding structure for the claimed switch means Switch means when properly construed also covers the software based embodiment described in Figure 3 16 17 Chamberlain asserts that should this court construe claim 5 to cover the software embodiment of Figure 3 then it is entitled to summary judgment of liter al infringement An accused device satis fies a means plus function element literally if it performs the identical function re quired by the limitation and incorporates the structure disclosed in the specification or an equivalent thereof See Cybor 138 F 3d at 1456 The language of claim 5 and the written description establish that the function of switch means is to sel
197. position to its initial position as its movement continues in the same direction Mechanical switches by their nature self limiting A combined increment counter and test for branch condition sequence for their operation would be unnecessary and even ill advised Rhyne Decl 427 Further if the Examiner is correct that the incrementing testing and loading actions described for controlling the code location pointer as shown in Figure are in some way descriptive of a manual repositioning method it is noteworthy that nowhere in the specification of the instant application is a description provided of the need for the operator of the GDO to turn switch 23 past its fifth position to observe that the switch has reached a sixth position and then to reposition the switch by rotating it in reverse to position no 1 H Coupling The Incrementing Code Location Pointer With A Receipt Of Code Four Times For Storage Thereof Requires The Software Embodiment The flow chart of Figure 3 requires that before the code location pointer which the Examiner considers to be the switch is incremented the code to be stored must be received four times and then the microprocessor unit 44 determines whether the code is already stored in the memory The user would have no way of knowing whether these two conditions are met and therefore would not know when to move the switch Thus the increments of the code locations can only be done by software Th
198. r As to claim 5 this court vacates the district court s grant of summary judg ment of non infringement The district court erred in finding as a matter of law that memory selection second switch means is absent in the accused device either literally or under the doctrine of equivalents This court concludes that this is a genuine issue of material fact to be determined by a fact finder The district correctly found however that as a matter of law the accused device literally contains different codes and first switch means The court therefore remands this case to the district court for further proceedings in accordance with this opinion COSTS Each party shall bear its own costs AFFIRMED IN PART VACATED IN PART and REMANDED W xer NUMBER SYSTEM T Mary Rose DIEFENDERFER Petitioner V MERIT SYSTEMS PROTECTION BOARD Respondent No 98 3404 United States Court of Appeals Federal Circuit Oct 14 1999 Employee of Federal Aviation Admin istration FAA appealed decision of Merit Systems Protection Board MSPB dis missing her whistleblower appeal for lack of jurisdiction The Court of Appeals Archer Senior Cireuit Judge held that District Court lacked jurisdiction to hear whistleblower claims by FAA employees notwithstanding that Department of IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION THE CHAMBERLAIN GR
199. rant sum mary judgment in any case where no rea sonable fact finder could find equivalence Sage Prods Inc v Devon Indus Inc 126 F 3d 1420 1428 44 USPQ2d 1108 This ease does not satisfy this lofty standard The record contains considerable evidence including several reports and declarations by Cham berlain s expert Dr Rhyne that one of ordinary skill in the art would find the Intellieode s software driven memory se leetion system insubstantially different from the hardware switch of claim 1 Dr Rhyne averred in his June 2 1997 report Tit is a fundamental and well understood tenet of the computing art that a ny software process be transformed into an equivalent hardware process and any hardware process ean be transformed into an equivalent software process See Ep KLINGLER MICROPROCESSOR SYSTEMS DESIGN 5 1977 Dr Rhyne stated that this dualistic transformation known as the hardware software tradeoff effectively 1270 means that the selection of a software pointer for a mieroprocessor versus a hardware switch to control a microproces sor based system is simply a matter of design choice This record evidence shows that one of skill in the art would recognize these alternative systems as interchangea ble substitutes Drawing all reasonable inferences in favor of Chamberlain as this court must in reviewing the summary judgment of non infringement this court concludes tha
200. rary to its substance as filed Tandon Corp v United States ITC 831 F 2d 1017 Fed Cir 1987 GUARDIAN S GDOs Do Nor HAVE MULTIPLE TRANSMITTERS Another reason to deny Chamberlain s motion is that there 15 an issue of fact whether the accused Guardian GDO system have multiple transmitters as required by the calims Chamberlain selectively relied on the equivocal deposition testimony of Napoleon s owner Mr Robert Schram in an attempt to satisfy the claim limitation that requires the GDO system to have a plurality of radio transmitters What Chamberlain did not tell the Court was that it had in its possession unequivocal testimony taken before Schram s deposition indicating that the accused Guardian GDOs are sold with only a single transmitter Chamberlain learned the true facts from Mr Mark Schram who is directly responsible for purchasing of the Guardian GDOs for Lynx the parent company of Napoleon Exhibit pg 13 Chamberlain ignored Mr Mark Schram s deposition testimony and instead relies on the deposition of Mr Robert Schram who was unclear whether or not his company sold one or more transmitters with each GDO system Mr Mark Schram s testimony on the other hand was unequivocal And Guardian Access is the supplier for the entire garage door openers A Yes Q And they are bought from Guardian Access directly by Lynx is that right A Yes Q And when they are bought are they bought as complete gar
201. rd win Knob 521 ea ena nner Troley Mata 8 14 De Seroccet Assemely _ 85 Ral Jeno mS 2 LX 1110 x n AP OF oe rog a r y r Cur Fee ee eee ET ET ge ge gi Er E E E E RR E p Limit Warranty 25 4 e P Residential Garage Door Opener and Remote System prn Lynx Industries warrants all components of its residential garage door openers against defects in Ts materiai and or workmanship to the original purchaser Any parts power unit remote control system or r AP complete garage door opener that fais during the warranty period will be repaired or replaced m accordance with the following provisions gt LPL 50 Deluxe 1 2 Horsepower Motor Warranted to be free from any defect In material and or workmanship for a period of 5 years APN 25 from date of purchase Orve Train ALL Mechanical parts to free from any defect in matenais and or workmanship for penod gt r of 3 year from date or purchase pen Electronics All electronics parts to be free from any defect in matenal and or workmanship for a period of pM 1 year from date of purchase r P A e LPL 33 Standard 1 3 Horsepower En E Motor Warranted to be free from any defect in maternal and or workmanship for a period of 3 years from date of purchase AP Drive Train ALL Mechanical pa
202. receiver ai the garage door operator is capaole of storizg and remembering a number of diferent codes to different tansmutters such that he receiver can be rrogrammed so as to actuated by more than one transmutter code thus allowing two or more transmuters to actuate the same garage door operator and wherein the receiver stores valid codes for the different transmutters 8 Claims 3 Drawing Sheets 41 ecce OECCOER 44 46 CARAGE gt G0R 222 ATION MECHANISM LX 0001 35 364 Page 2 L 5 PATENT DOCUMENTS 4 550 311 10 1985 Galloway et al 340 531 4 581 606 41986 Mallory 2 ari seser sesse 340 539 4291411 9 981 Mier et al Z 45555 4 596 985 6 1986 Bongard et ai 224 340 825 69 4 205 060 12 1981 Apple a al TT EET 350 825 55 4 802 357 7 1986 Yang et al m 367 93 4321355 31982 2 8537 5 4 833 247 12 1986 Hegeler 340 825 69 4 328 540 5 1932 Matsuoka et al oro 364 4 638 433 1 1987 Schindler 364 00 4385296 5 1983 Tsubaki et 340 825 72 4652860 3 1987 Weishauptetal 340 539 4 418333 11 1983 Schwarzbach etal 34 31C x 4565397 5 1987 Pinnow 340 825 56 1971 12 1983 DeGall 340 825 665 3 IAOW sese 4 422 071 82 lt 69 4 755 792 7 1988 Pezzolo et al 340 538 4 454 509 i rixas bm 4 758 835 7 1988 Rathmann etal s seen 340 825 31 i
203. red and is a term commonly used to designate such addresses as shown for example at column 4 lines 37 to 39 of the specification The term pointer is and was as of October 1985 a commonly used and well understood term for a stored value which identifies the memory address of another value The IEEE Standard Dictionary of Electrical and Electronics Terms Third Editiom IEEE 1984 for example defines pointer as a 11 LX 1573 Apoln No 08 700 610 PATENT Filed August 12 1996 data item that specifies the location of another data item and the widely adopted textbook Introduction to Microprocessors Software Hardware Programming by Lance Leventhal Prentice Hall 1978 defines pointer as register or memory location that contains an address rather than data In the case of the code location pointer its value as disclosed serves identify the locaLion within the memory of the GDO system ac which the next transmitter identity code to be learned is to be Stored averred to by Dr Rhyne this is precisely what the term pointer connotes in the computer science art Rhyne Decl 4411 13 D Test Routine Shows That The Software Embodiment Is Disclosed As the specification explains the operations of Figures 3 and 4 are executed by the microprocessor unit 44 in the receiver of the GDO system after that system has been placed in its program mode see the IN PROGRAM MODE tes
204. red or plugged into a grounded J prong receptacle wire according to local codes within 3 Ft of the Power Unit Type Receptacle 14 Ga or heavier 15 Recommended Do Not Use a 2 prong adapter or Extension Cord f local Code requires permanent wiring Type 15 recommended to protect the line Contact a Licensed Electrician to install required circurt and to direct wire the Opener Step 10 install a 60 watt Rough Service Bulb available at most hardware stores firmly in the light socket Light buibs in Door Openers are subject to vibration dunng normal operation which may shorten their life span Fit Light Lens Cover and snap into place Step 11 Setting Personal Transmitter Access Codes Your Opener contains a built in Receiver To set Receiver With a pointed object push the button shown in figure 11C If the courtesy light 15 off it will come on and stay on for 30 seconds If the courtesy light is on it will flash once and then stay on for 30 seconds Dunng this 30 second time penod push the round Dutton on a transmitter figure 11 until the courtesy light flashes twice this will indicate that the receiver has accepted the code of the transmitter If the code s not accepted the courtesy light will stay on for 30 seconds flash 4 times and then stay on for 4 1 2 minutes Up to 6 transmitters including wireless keypad can be programmed into the receiver in this way by repeating the process Each transmitter has its own c
205. rts to be free from any defect in materials and or workmanship for a period 2 1 year from date or purchase a A Electronics All electronics parts to be free from any defect in matenai and or workmanship for penod of gt Fe 1 year from date of purchase m F te If within the stated warranty penod it is determined that a component is defective or that a component 4m failed as a result of poor workmanship Lynx Industries will repair or replace Lynx Industries option pO the component at no cost to the owner Defective parts will be repaired or replaced with new or factory APA rebuilt parts 11 Am To make claim under this warranty contact Lynx Industries you will be instructed on how to proceed gt regarding repiacement and repair a This warranty is votd when any component part fails because of damage from improper use handling faulty installation faulty connection to an improper power source failure to properly maintain modification gu th of unit use other than on residential garage door and damage from fire water or acts of God a A2 a This warranty excludes all other warranties expressed or implied including any warranty of merchantability Lynx Industries shail not be liable for consequential or incidental damages that may xm 4 anse from any defect or failure of the garage door opener No person or representative 15 authonzed to 4 extend modify or change the provisions of t
206. s 59 66 This is not the same thing as a code which is an electrical signal stored in a memory Because of the difficulty and expense needed to arrange a 19 LX 1581 Appln 08 700 610 PATENT Filed August 12 1996 crystal mirror or flakes in numerous patterns which must be matched by the series connected photo diodes the Early patent clearly would not be pertinent to the inventors problem of providing a very large number of uniquely coded transmitters In the second disclosed embodiment the key must be inserted in the lock to turn it on The microprocessor then waits for the person to punch in a number identifying the key Col 3 lines 39 47 Photodiodes D1 through D20 are located in an array in the lock which is scanned to determine if the laser that is reflected from the reflective means on the inserted key matches a programmed pattern in a memory The memory is programmed with new key codes by scanning new keys when they are in the lock and storing the codes corresponding to the reflected light pattern but not the pattern itself Despite the Examiner s contention that the Early patent discloses an analogous art microprocessor controlled door access control system Office Action p 9 it is a non analogous optical system The Early patent is not in the field of remote controlled openers for garage doors and is not reasonably pertinent to the problems with which the inventors concerned eli
207. s Not Describe Or Suggest The Transmission Of Code RF The Toison patent also is not an analogous art It is directed to closures for windows or doors that are controlled by two or three position switches or two position push buttons The transmission of codes by a radio frequency signal is not disclosed Therefore the patent is not in the field of the inventors endeavor i e radio frequency operated garage door openers and would not be reasonably pertinent to the particular ee LX 1584 Appln 08 700 610 Filed August 12 1996 problem with which the inventors were concerned i e eliminating DIP switches and providing security in transmission of codes Willmott Decl 913 B The Combined Prior Art Patents Do Not Teach Or Suggest All The Claim Limitations I None Of The References Teach Or Suggest A Plurality Of Radio Frequency Transmitters Having Non User Changeable Codes That Are Different From Each Other To establish prima facie obviousness of a claimed invention all the claim limitations must be taught or suggested by the prior art 8 2143 03 None of the patents relied upon by the Examiner teaches or suggests a plurality of radio frequency transmitters having non user changeable codes that are different from each other as called for in the claims Hence they combination cannot be combined to suggest this important feature of the claimed invention The Tsubaki patent
208. sed Guardian GDOs have a code location pointer that increments by a value of until a maximum value of five is reached and then resets to one Code Means Newly Received Codes Not Previously Stored Codes Chamberlain has improperly expanded the meaning of the term code to include transmitter codes that have already been stored in memory According to Chamberlain s theory the Memory Selection Switch not only stores newly received transmitter codes but also has the newfound ability to move or shuffle each previously stored code to different location within the memory Chamberlain conveniently ignores that the patent only provides that each newly received code is always stored in a different memory location i e memory locations 1 2 3 4 or 5 Likewise Chamberlain fails to cite to any intrinsic evidence to support such a newfound code shuffling function instead it offers only improper extrinsic evidence of Mr Rhyne His recently prepared declaration is clearly influenced by Napoleon s non infringement arguments coupled with the need to expand the scope of the claims in order to cover Guardian 5 accused GDOs Moreover Chamberlain s unsupported claim construction 18 contrary to the meaning of the term code found in the patent specification The patent specification nowhere teaches that previously stored codes are moved to different locations during the learning operation program mode or for that matter at
209. sequent storage of a transmitted code Id at 46 According to the special master the Intellicode lacks this function because its microprocessor uses software to automatically select memory locations Further the special master noted that the user is unable to predetermine memory location s or replace a location with a new code The special master therefore concluded that the Intellicode cannot infringe the 364 patent under the doetrine of equivalents The distriet court adopted the special master s report in its entirety thereby granting Overhead Door s summary judg ment motion of non infringement and de nying Chamberlain s eross motion Cham berlain appeals II 1 3 This court reviews district court s grant of summary judgment with out deference See Chiuminatta Concrete Concepts Inc v Cardinal Indus Inc 145 F 3d 1308 1307 46 USPQ2d 1752 1155 Fed Cir 1998 This court also reviews the district court s claim construction with out deference See Cybor Corp v FA Technologies Inc 138 34 1448 1456 46 USPQ2d 1169 1172 Fed Cir 1998 banc Whether the accused device exact ly contains each element as properly con strued or its equivalent is a determination of fact See Southwall Technologies Inc v Cardinal IG Co 54 F 3d 1570 1575 34 USPQ2d 1673 1676 Fed Cir 1995 In re OVERHEAD DOOR CORP v CHAMBERLAIN GROUP INC 1267 Cite as 194 F 3d 1261 Fed
210. t See publication Words and Phras es for other judicial constructions and definitions 8 Patents 237 An element in the accused product is equivalent to a patent claim element for purpose of doctrine of equivalents if the differences between the two are insubstan tial to one of ordinary skill in the art 9 Patents 323 2 2 Although equivalence is a factual mat ter normally reserved for a factfinder on claim of patent infringement under doc trine of equivalents the trial court should grant summary judgment in any case where no reasonable factfinder could find equivalence 10 Patents lt 323 2 3 Genuine issue of material fact as to whether one of ordinary skill in the art would find accused remote control garage door opener system s software driven memory selection system insubstantially different from hardware switch claimed in patent for such system precluded sum mary judgment for manufacturer of ac cused system on claim that accused sys tem infringed patent under doctrine of equivalents OVERHEAD DOOR CORP v CHAMBERLAIN GROUP INC 1263 Cite as 194 F 3d 1261 Fed Cir 1999 11 Patents 226 7 The function way result test dietates that an element in the accused device is equivalent to a patent claim element if it performs substantially the same function in substantially the same way to obtain the same result See publication Words and Phras es for other judicial constructions
211. t Dr Rhyne s statements and supporting citations to computer science literature show a genuine issue of material fact precluding summary judgment In diseerning this genuine factual issue this court also considered the district court s interpretation that a mechanical switch would necessarily require a human operator operation of a mechanical switeh a human operator would indeed set the memory selection switch to one of five positions This user operated character istic of a mechanical switch however would not necessarily preclude a finding that software performs equivalently with out human operation Indeed in other contexts this court has noted the inter changeability of hardware and software See e g Pennwalt Corp v Durand Way land Inc 833 F 2d 931 935 4 USPQ2d 1737 1740 Fed Cir 1987 en banc If the accused devices differ only in sub stituting a computer for hard wired circui try the patentee might have a stronger position for arguing that the accused de viees infringe the claims Moreover the Supreme Court has acknowledged that in terchangeability be one of the hall marks of an equivalent See Warner Jen kinson 520 U S at 37 117 S Ct 1040 known interchangeability for ele ment of a patent is one of the express objective factors bearing upon whether the accused device is substantially the same as the patented invention Graver Tank amp Mfg Co I
212. t at the upper right of Figure 3 and the receiver has received an identity code to be programmed or learned and after the microprocessor unit 44 has executed a software loop to determine whether or not the newly received transmitter identity code has already been stored in the receiver s memory This latter test is used to prevent a given identity code from being stored into more than one memory location Of note is the fact that the software nature of the loop which causes the microprocessor unit 44 to test to determine whether or not a new transmitter identity code has been received four times in a row for error protection purposes has not been questioned by the Examiner despite the fact that this loop direcrly precedes the disclosure which implements that loop for the code location pointer and uses identical flowchart symbols and similar terminology e g increment Rhyne Decl 4418 19 d LX 1574 08 700 610 Filed August 12 1996 E Incrementing Shows That The Software Embodiment Is Disclosed The code location pointer shown in the flow chart of Figure 3 and cited in the specification of the 7610 application serves as a moveable identifier which designates or points to a specific location in the memory of the GDO system s receiver As the software loop disclosed in Figure 3 is executed by the microprocessor unit 44 the value of the code location pointer will be moved from one address
213. tch differs from the code previously stored said memory means LX 0008 OVERHEAD DOOR CORP v CHAMBERLAIN GROUP INC 1261 Cite as 194 F 3d 1261 Fed Cir 1999 of the Brewster machine pointed out nu merous features which were distinguish able from the preferred embodiment of the invention However only one of these features appears as an express limitation of each of the disputed claims namely in termixing the microingredients in the liq uid before discharging them into the feed ration The Brewster system did not in termix the mieroingredients in the liquid earrier presumably because such inter mixing would interfere with the weighing operation This court notes that the prior art did not perform the claimed method as the district court suggests Rather the claimed method is the unique combina tion of steps found in method claims 63 93 and 94 not any single step in isolation The prosecution history suggests that the applicant avoided the prior art by includ ing an intermixing limitation in the claims The prosecution history does not suggest that the applicant disavowed the weigh dump method district court erred by interpreting these statements in the back ground section of the patent and the pros ecution history as a disavowal of the weigh dump method Mr Hummel s Personal Liability 15 17 Officers of an allegedly infring ing corporation ean be held personally lia bl
214. td Taiwan in contract litigation brought against IBM in technology relating to PC motherboard design and manufacturing 2 97 to 11 98 assisted Honeywell in patent and contract litigation brought by Foxboro in technology relating to industrial process control communication systems 11 96 to 12 97 assisted United Technologies Automotive in patent litigation brought against National Semiconductor in technology relating to power control integrated circuits 6 96 to 8 00 assisted IMS Hurco in patent litigation brought against various defendants in technology relating to machine tool controls 6 96 to 12 97 assisted Crane Packing Co in litigation brought against Durametallic and Josef Sedy involving gas seal analysis software 11 95 to 3 96 assisted Fritz Forwarding in litigation brought by Waffer involving value of computer monitors based on service history and construction quality 8 95 to 8 98 assisted Los Angeles Department of Water and Power in litigation brought by American Computer Manufacturing relating to the value of used computer equipment 7 95 to present assisting Quantum Group in patent litigation brought against American Sensors Nighthawk and Xintex involving carbon monoxide detector technology 7 95 to present assisting Dictaphone in patent litigation brought by Sudbury Systems involving voice storage and retrieval technology 7 95 to 9 96 assisted Global Gaming Inc in patent litigation brought against IGT
215. ten by the next to highest code when a new code is programmed 21 There is no indexing of a pointer to direct a newly received code to a particular memory location Because there is no indexing there is no checking the value of the pointer to determine whether it is equal to 5 There is no resetting of a pointer if the value equals 5 And there is no erasing of all codes in memory when a pointer 15 reset 22 When in program mode none of the software the Lynx product checks the newly received code to see if it already matches a code already stored As such there is no repetitive checking of the stored codes When a new code is received and the unit Is in program mode the branch instruction at line 180 of door asm jumps to STORE PASS where the new code 15 stored in locations 00 and 01 without regard to the other code contents of memory 23 Since there is no checking function to determine whether a new code entered during program mode matches an existing stored code the same code can be entered 6 times Therefore it is possible to fill all available memory locations with the same code declare under the penalty of perjury that the foregoing is true and correct Executed this 28th day of October 2000 Thomas A Gafford IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION THE CHAMBERLAIN GROUP INC a Connecticut Corporation Civil Action No Plaintiff 00 CV 0454 V
216. tep function where after each newly received code is received and stored in memory the code location pointer is increased incremented by a value of one until each memory location i e 1 2 3 4 and 5 is filled Once all memory locations are filled the value 11 of the code location is reset to one This is confirmed by the patent file history where Chamberlain through the sworn declaration of Mr Rhyne told the Patent Examiner als the software loop disclosed in Figure 3 is executed by the microprocessor unit 44 the value of the code location pointer will be moved from one address to the next until all five addresses in memory that were set aside for transmitter identity codes have been used to store learned identity codes specific disclosure of this loop is a Increment Code Location Pointer followed by b If Pointer Increments Over Five Then Load Code Location Pointer With One Step a is the body of the loop it uses the increment operational to increase the value of the code location pointer by one Exhibit I at LX 1573 emphasis added Apparently Chamberlain and Mr Rhyne have forgotten what they told the Patent Office because they now ignore the very limitation they relied on to obtain the patent Not surprisingly in Mr Rhyne s recent declaration describing the operation of the Guardian GDOs he is unable to identify the increment functionality required by the claims
217. th jo 09019 ud OO eui e pus esese ome D9UM NO Utd KJ POPOD 9 iq My DODO ur oru 2 TID ENG g AQ uononnsur LX 1132 Sullgoj ou 10J epus ON 9uutd LX 1133 ginposoid BurutugsFo 94 91 gor 9 0 002391 JO 990 se sured ew 919 uid 02491 94 Juri 913024 sayy 9041 3 0 202491119 9uo se Bujuiuie 1301d emoja 93tA9p urd pT eu V0Zd9 LH t 8014 yuetq uid g Surry yo ruta 19010 9 4001 peururq od uw you 91 074911 Map eur 0702010 X10130 B8 N91 0 q3 1 H VOCdB LH 9391 peunus B8o id ueeq opos Oquo5 pus 9D03 9UQL S910N FUOHIUN suorjeujquios uJ wiequinu eye psesippy HON dOSN dIG 1 Ot d91H 8 OZd91H 1033050 w jo 3910201 uodn wm pew jo uotjueuquio 20 301304200 enopiuA 2 99 tt e quinure 18 Sie sXe 073002 NOWE 4041 e unag e weed 420jg 01d eui euo Sujan 6 02491 11 94 quei
218. the obstacle in the path of the beam once again Activate the Wall Push Button The Opener will revert to and remain in the safety Push And Hoid Operation for close travel See Page 13 NOTE If the Garage Door Travels More Than One Inch in a Downward Path After Releasing the Button the Silent Guard Photoeyesystem is Malfunctioning Check Ail Electrical connections and Alignment of the Photoeyesystem 16 LX 1105 Make Sure That 1 The front and rear mounts for the opener are sound and secure and the rail is positioned correctly above the high arc of the door and that the opener is positioned over the door action centerline For sectional doors the position of the door arm with the opener closed 15 such that its connecting point on the trolley is 5 to 8 behind it connecting point on the door bracket The door arm should rever be perfectly vertical when the door is in the closed position The emergency release knob and cord are secured to the emergency release lever the trolley The knob is located 6 ft above the floor and requires no more than 50 153 puil to actuate The trolley and release mechanism are property lubricated The standard lighted wall push button is in such a position and at such a height that t can only be actuated by an aduit The caution label is prominently displayed next to the push button All wiring 13 correct to code There is ground continuity in the supply The ground prong on the pow
219. the user to operate the system and more secured code systems are available due to the higher number of available codes encoded signal wall be utilized wherein a pulse and blank ume compnses a sync ume base and different link pulses such as 1 2 3 or 4 milliseconds can be selected so as 0 65 2 to provide different codings Each datum can be 2 3 or 4 umes the length of the sync pulse The timing is from the nsing edge to nsing edges of the pulse and with ten data bits the number of codes can be in excess of one mullion codes In the invention each iransmutter encoder will contain chup which contains a unique code and the receiver will be able to memonze two or more as for example different transmitter codes This the need to have coding switches in either the transmitter or receiver This eliminates the requirement that the user set the code switches so they match since the code switches are eliminated In the invention during an operate mode a receiver code must match an already programmed code four times tn order to operate the garage door This match ts referred to as a valid code Each valid code be separated by up to two error codes and sui have the output indicated as accurate In the program mode a code must be received four umes in row tn order to be permanently stored in the receiver Any error code will reset the valid code counter The advantage of the coding sch
220. to the next until all five addresses in memory that were set aside for transmitter identity codes have been used to store learned identity codes The specific disclosure of this loop is a Increment Code Location Pointer followed by b If Pointer Increments Over Five Then Load Code Location Pointer With One Step a is the body of the loop it uses the increment operational to increase the value of the code location pointer by one Step b is the test used to terminate the loop by loading the code location pointer with one its initial value Rhyne Decl 420 F Flow Chart Language Shows That The Softwar mbodiment Is Disciosed The language used in the flow chart to describe the loop which implements the software memory address switch code location pointer can only be descriptive of a software based action The terms pointer increment load and if then are all specific to the software art wherein and only wherein they each have well understood meanings For example the Standard Dictionary of Computers and Information Processing Revised Second Edition by Martin H Weik Hayden Book Company Inc 1977 at p 182 defines increment as to add a quantity to another quantity for example to advance the counter or number stored a counter or register The IEEE Dictionary 1993 promulgates the standard definition of increment as to increase the value of variable by one The IEEE Dictionary wd gu
221. truction analysis 14 Usually the specification 1s dispositive of claim construction it is the single best guide to the meaning of a disputed term Id Moreover the preferred embodiments in the patent specification provide guidance as to the meaning of the claims thereby dictating the manner in which the claims are to be construed even if the guidance is not provided in explicit definitional format Jd citing SciMed Life Sys Inc v dvanced Cardiovascular Sys Inc 242 F 3d 1337 1344 Fed Cir 2001 In addition the prosecution history should be consulted to determine whether there were any express representations made obtaining the patent regarding the scope and meaning of the claims 14 Extrinsic evidence on the other hand may not be used to vary contradict expand or limit the claim language from how it is defined even by implication in the specification or file history 14 at 1269 The recently decided Bell Atlantic case is particularly on point The patent owner Bell Atlantic tried to expand the meaning of the claim term mode beyond the three broad categories described in the patent specification in order to read the claims on the accused device The district court had granted summary judgment of no infringement and the patent owner appealed arguing that the court had improperly limited the claims to the preferred embodiments disclosed in the specification The Federal Circuit disagreed and affirmed
222. ts complaint to include addition al claims 5 8 The parties filed cross motions for summary judgment The court referred the motions to a special master for a recommendation The special master concluded as a mat ter of law that the Intellicode does not literally infringe the 364 patent In reaching this conclusion the special mas ter construed the claim elements memory selection switch claim 1 and memory selection second switch means claim 5 to require a switch separate from the micro processor which is user operated to select different positions of the switch Over head Door No 95 CV 1648 D at 36 N D Tex Jan 13 1999 report of Special Master emphasis added The special master further determined that the claims lean not be construed so broad ly to in clude a microprocessor controlled random REPORTER 3 memory selection process Because the Intellicode selects memory locations with software rather than a manual switch the special master concluded that the Intelli code does not literally infringe the claims in suit The special master also concluded as a matter of law that the Intellicode does not infringe the 3964 patent under the doctrine of equivalents The special master identi fied the function of the memory selec tion switch and memory selection second Switch means as permit ting selection of a particular memory location at the receiv er for sub
223. ught against Resound 7 94 to 12 94 assisted AT amp T trade secret litigation involving electronics of voice prompting systems brought by Golden Enterprises 3 93 to 12 94 assisted Apple Computer in patent litigation relating to image SIRE and retrieval brought by Jerome Lemelson 11 93 to 1 94 assisted FMC Gold in trade secret litigation relating to image processing and database analysis systems brought against Russel Cowart 8 93 to 6 94 assisted Maxtor in patent litigation relating to disk drive electronics brought against NEC 3 93 to 12 94 assisted Qantel in trade secret litigation relating to operating system communication protocol design and compiler development brought against Signature Systems and against Texas Instruments Inc 10 93 to 9 94 assisted Octel in patent litigation relating to voice message storage and retrieval brought by Theis Research 1 94 to 7 94 assisted Mitsubishi Electronics in patent litigation relating to memory moduies brought by Wang Laboratories c v page 5 Sept 7 2000 i 2 93 to 8 94 assisted Lawrence Lockwood patent infringement case involving transaction processing systems and terminals brought against American Airlines 1 93 to 1 94 assisted PCC Inc in discovery matters relating to computer media in litigation brought by California Hospitals Association 3 92 to 12 92 assisted Seatt Corp in patent infringement case involving microcomputer
224. ure r6nounsupu s mino of eut tN pee st Oq no vg v idu ITD ota Apmovonpuds pue epoodo Wa 15 9 op ot pesn a t mq eq ot uogpuoo JUNI mau mE ers Luop eujooeq ue KJ poe MT 1 2 wi vompuoo 1UVIS 9 Bunostep 897 6 H9F2 6 135 NOUDnUISN 1 2 er 310035 V3 One ILUM pawn pes sut penbe qu yv U Samire bq ueo yv o eod eur uo dinis er saq 990 HTI P eu UJ09 SPOR puis O1 pesn 11 419 mS sut tt eis 13539 9 9 00 voo 9 CD R BUONA AOE ueenjeo 91 truy SU 062 9q 6 AN 9 epos me 12 NOl dIiH2S3G 07 1130 NS pue ede w SreWeke U PUES Orph Axgorote E e oy Ato Ns pod Uf fie X8912C8 edet WOUJ33 monyi 4995266 4 vorm YL 995206 2 5014 NO OF 3 SR ODO 3 04 D 0 peerg 90551 15 peer mw 002 HOS Ws peers 091 HOS NS g Apog mu 000 10 WALSAS NOILV2IIILN3GI L9naoud 8937556 897956 9
225. ure 128 The top mark is the maximum height and the ao Staples bottom the minimum height that the Silent Guard ect DOIN wires arg ON tne Dack of tne power ead 1 Drew aw icarract g term me gotn r 2 2 Figure 128 4 Animum 5 Photoeyesystem may be piaced B ae the Silent Guard Photo Eye System L Brackets Remove the two L mounting brackets from the carton as shown in figure 128 Attach L mounting brackets to the with Philips head wood screws Supplied as shown in figure 12B 4 to 6 above the floor Make sure that the brackets are the same distance from the floor on both sides of the doorjamb and straight C Cannecting the Silent Guard Photo Eye System Disconnect wire from the terminals on the back of the photo eyes Running wire for connections to power head and pnoto eyes For your convenience wife connections are none polanty sensitive universal winng With the bell wire Supplied start at the power head connecting one wire to terminal number 1 the other to terminal number 2 as marked on the power head as shown in figure 138 on page 13 Using the 3 wire brackets supplied attach one side of the clip to the operator assembly in equal distances between the power head and header bracket insert the bell wire into the other side of the wire clip and run the length of the operator rail assembly to the garage door header Using the
226. ure a secure mount LX 1097 Warning Fiberglass Aluminum or Lightweight Steel Doors Will Require Reinforcement before installation of door mounting brackets Contact your door manufacturer for a reinforcement kit or instructions Failure to properly do so may result in severe door damage Note Reinforcing may affect the balance of your door Check for proper manual operation after installation if necessary have your door re balanced by a qualified garage door service person Figure Hitch Pin L ran Chain Figure 98 2 Clearance Full Open Figure 9C Perforated Step 2 Place the power unit on the floor use cardboard packing material for protection and raise Mounting Bracket align Insert 5 16 x 2 3 4 Clevis Pin and Hitch Pin See Figure 9A Step 3 Raise the opener and rest the power unit on a ladder or other support Open the door to the fuil open position Allow 2 of space between the rail and the door See Figure 98 Note Since the opener will be secured permanently in this position open and close the door a few times to be sure the door does not rub on the and that you allowed the proper clearance before proceeding Step 4 Mount Power Head to Ceiling Since there are many different ceiling designs aif possible mounting illustrations can not be shown Primary concern 15 to secure the power head to the ceiling so that operational strengt and safety are achieved
227. x qe rand Rc EET 4 866 434 9 1989 Keenan 340 825 72 quis OPAC MC 361 172 4 378 052 10 1989 Schulze 340 825 69 4 509 093 4 1985 Stelberget 421 2 990 L 340 825 69 4 529 980 7 1985 Liotae et al z 340 825 52 4 91 463 3 1 90 4 94 sv 0490099 soare gt 4 535 233 81985 Twardowsia 340 822 59 4 988 992 1 1991 Heischel et al ne 340 825 59 LX 0002 U S Patent Oct 29 1996 Sheet 1 of 3 Re 35 364 A 8 4 pe x 29 28 P 42 4 a 2 29 28 RECEIVER DECODER 47 MEMORY 44 46 ADDRESS MPU STORAGE GARAGE DOOR OPERATION MECHANISM PROGRAM LX 0003 U S Patent Oct 29 1996 A BLANK TIME START SIT COME IN NO YES START TIMER 8 DETECT BIT 3 Y ES GET TIMER AND SAVE SYNC TIME CLEAR RESTART TIMER lt gt OETERMINE THE INTEGRAL MULTIPLE WITH RESPECT TO THE SYNC TIME STORE IN CODE REGISTER i THIS THE STOP BIT Sheet 2 of 3 35 364 FIG 3 PROGRAM MODE STORED MEMORY 2 NO STORE CODE AT LOCATION POINTED TO BY CODE LOCATION POINTER INCREMENT CODE LOCATION POINTER IF POINTER INCREMENTS OVER FIVE THEN LOAD CODE LOCATION POINTER WITH ONE LX 0004 U S Patent Oct 29 1996 Sheet 3 of 3 Re 35 364 FIG 4 15 NO CODE MATCH ANY CODE IN THE FIV
228. your visor wali or carned on a key nng 5 Z PRO LINE 7 LX 1086 SILENT GUARD PHOTO EYE SYSTEM C Suert Guard 7on contact reversing system ransrmits nvisiOie 107 across the Jf garage Joor ocening if anyone or anything crosses of nile the goor 5 closing the opener will reverse automatically to the open position Universal ndustry standard wiring sensitive color coded wires ard erminais are no onger required resolution optics for easy alignment and operation Weather and moisture resistant Photo Eye case Comoact design Electronics with state of the art design for years of troucte free operation Solid state courtesy light turns on when umt is activated and tums off automatically 4 minutas later Seif diagnostic system constantly monitors ogecations and communicates oy flasning courtesy light if a malfunction were to occur e Built in surge suppressors to protect electronics from static Up and down imits focated nstallation convenience Limits are factory set at 667 of travel Limits will accommodate doors up O 10 ign OPEM CLOSE Avaliable in 1 3 Model LPL 33 and 1 2 Model LPL 5O oer LX 1087 AUTO RECONNECT SELF LUBRICAT

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