elements governed by 35 U.S.C. § 112(6), e.Digital identifies the
following:

(6)"An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof."

http://www.uspto.gov/web/offices/pac...

With respect to the '774 patent, e.Digital contends that no asserted
elements are governed by 35 U.S.C. §112(6).

With respect to the '737 patent(a continuation of 747), e.Digital contends that 35 U.S.c. governs the following elements of Claim 1 § 112(6):

With respect to the' 445 patent, e.Digital contends that no asserted
elements are governed by 35 U.S.C. §112(6).

With respect to the ' 1 OS(108?) patent, e.Digital contends that no asserted
elements are governed by 35 US.C. § 112(6).

====================================...

2. the '737 Patent
With respect to the '737 patent, e.Digital contends that 35 U.S.c.
governs the following elements of Claim 1 § 112(6):
a. "recording means" is a casement containing a microphone,
a microcontroller with an internal (ROM) coupled to the recording
medium and to switch assemblies, as discussed in the Specification at Col.
3, lines 56-65.
b. "means for searching for an end of a last recorded
message" is microcontroller with an internal (ROM) coupled to the
recording medium as discussed in the Specification at Col. 3, lines 56-65
and ColA, lines 55-63. col. 4?
c. "means for identifying a point after the end of the last
recorded message" is a casement containing a microcontroller with an
internal (ROM) coupled to the recording medium and to switch
assemblies, as discussed in the Specification at Col. 3, lines 56-65, Col. 4,
lines 55-63 and Col. 5, lines 9-22.
d. "means for beginning recording" is a casement containing a
microphone, a micro controller with an internal (ROM) coupled to the
recording medium and to switch assemblies, as discussed in the
Specification at Col. 3, lines 56-65.and Col. 4, lines 55-63
e. "sequencing playback means" is a casement containing a
speaker element, micro controller with an internal (ROM) coupled to the
recording medium and to switch assemblies, as discussed in the
Specification at Col. 3, lines 56-65 and Col. 5, lines 9-22.

737 12 claims:

1. A device for enabling immediate recording of a new message on a partially recorded flash memory digital recording medium without a delay caused by searching for blank memory available for recording on the flash memory digital recording medium, said device comprising:

a solid state digital hand held recording device having a multifunctional switch assembly and a separate record switch assembly, a flash memory digital recording medium including a region forming a continuity of pre-recorded messages, a printed circuit board including a microcontroller electrically coupled to the switch assemblies and operable to control the processing of sound into electrical signals, and store said electrical signals on the flash memory digital recording medium; (A).recording means coupled to the circuit board and activated by the record switch assembly and including means for (i) (B) searching for an end of a last recorded message, (ii) (C)identifying a point after the end of the last recorded message where the new message may begin, and (iii) (D)beginning recording of the new message at the identified point; (E)sequencing playback means for playing the new message from the identified point defining the beginning of said new message with no manual involvement of the user other than activating the multifunctional switch means.

2. A device as defined in claim 1, wherein the multifunctional switch assembly includes a single, manually operable rocker-pad mounted upon the hand held recording device, said rocker-pad including means for activating playback of a pre-recorded message.

3. A device as defined in claim 1, wherein the microcontroller includes a read-only memory for storage of microcontroller instructions for executing the function of message recording.

4. A method for recording a new message on a hand held recording device without disturbing the physical continuity of existing messages and without manually searching for a blank segment of memory on the flash memory digital recording medium, said method comprising the steps of:

a) placing the recording device in an idle mode where all recorder functions are inactive; and b) activating a record switch causing the recording device to: i) search for an end of a last recorded message on the recording medium, ii) identify a segment of flash memory past the end of a last recorded message as a beginning point where the new message may be recorded, and iii) begin recording a new message at the beginning point.

5. A method for verifying the integrity of memory on a removable flash memory recording medium chip for use within a hand held recording device, such that the flash memory is suitable for recording voice messages, said method comprising the steps of:

a) providing a removable flash memory recording chip and a hand held recording device with a plug assembly for electrically coupling the flash memory and the recording device; and b) activating a memory integrity test by manually inserting the flash memory chip into the plug assembly of said recording device to electrically couple the flash memory to the recording device.

6. A method as defined in claim 5, wherein the memory integrity test of step b) further comprises the steps of:

a) testing memory segments of the flash memory to determine whether said segments can record and play a voice message, or are defective; and b) marking defective memory segments so that the recording device will not record to said segments.

7. A method as defined in claim 5, further providing a method for verifying the integrity of memory on a removable flash memory recording medium chip, said method comprising the steps of:

a) providing a removable flash memory recording chip and a hand held recording device with a plug assembly for electrically coupling the flash memory and the recording device; and b) activating a memory integrity test of said flash memory by manually inserting batteries into the recording device that is electrically coupled to the flash memory.

8. The method for recording a new message on a hand held recording device as defined in claim 4 wherein the method comprises the additional steps of indexing a message as it is recorded in a hand held recording device, enabling a user to quickly return to an indexed segment of memory within the message, said method comprising the steps of:

a) beginning a recording by activating a record switch on the hand held recording device; b) activating the record switch while recording to identify an index point of the recording to be indexed for future reference; and c) identifying each index point as a starting point of a new recording segment in a larger contiguous memory segment.

9. A device for enabling the testing of memory integrity in a removable flash memory recording medium and the marking of defective memory such that voice messages are only recorded to segments of flash memory capable of storing electrical signals, said device comprising:

a solid state digital hand held recording device having a multifunctional switch assembly and a record switch assembly, the flash memory digital recording medium including a region forming a continuity of pre-recorded messages, a printed circuit board including a microcontroller electrically coupled to the switch assemblies and operable to (1) control the processing of sound into electrical signals, (2) store said electrical signals on the recording medium, and (3) play said sounds stored in the flash memory digital recording medium; and memory integrity verification means for ascertaining whether the flash memory digital recording medium can record voice messages to said memory with no manual involvement of the user other than inserting the removable flash memory digital recording medium into a plug assembly in said recording device.

10. A device as defined in claim 8, wherein the microcontroller includes a read-only memory for storage of microcontroller instructions for executing the function of memory integrity verification.

11. A device for enabling indexing of a new message whereby a user may rapidly locate indexed segments of flash memory within the new message, said device comprising:

a solid state digital hand held recording device having a multifunctional switch assembly and a record switch assembly, a flash memory digital recording medium including a region forming a continuity of pre-recorded message, and a printed circuit board including a microcontroller electrically coupled to the switch assemblies and operable to control the processing of sound into electrical signals, store said electrical signals on the flash memory digital recording medium, and play said sounds stored on the flash memory digital recording medium; message indexing means for indexing a message when the user activates the record switch while recording, thereby making an index point within the message stored on the flash memory digital recording medium; and indexing switching means for moving between the index points to enable the user to rapidly recall indexed messages.

12. A device as defined in claim 10, wherein the microcontroller includes a read-only memory for storage of microcontroller instructions for executing the function of indexing memory segments to facilitate rapid recall of indexed messages.