interview notes:

"Continuation of Description of the general nature of what was agreed to if an agreement was reached, or any other comments:

Inventor Norris demonstrated how to use the device for performing the record and playback a short voice message.

Mr. Gurries explained how the circuits of Figs. 4, 5, 6A and 6B are arranged and operated for supplying the required voltages to different elements of the device and for providing power management controls.

Examiner Tran contended that the rejections of claims 1-5, 18 and 19, as recited in the last Office action mailed 09/20/2011, are maintained because the above-identified prior art teaches each and every claimed elements and limitations recited in the claims; particularly, the limitation "a power source coupled to the control circuitry for supplying electrical power to the device", as recited in each of the base claims 1 and 19, comprises functional language, which requires no specific "coupling", and/or no specific structural arrangement.

RE: "coupling and/or" somewhat conditioned in the first phrase for each of claim 1 and 19.. " for use with a removable, interchangeable",.. does not seem to lend a meaning of "coupling" to the word "module" as the examiner sees it. I can see it being a problem for claim 19 having two memory issues....however, claim 1, is a one memory issue only which would relate directly to the initial phrase of claim 1.

Apparently DM considered the same, and composed a construction to address the issue.

Claim 19.

A record/playback device for use with a removable, interchangeable, flash memoryrecording mediumwhich enables extended recording comparable with tape cassette dictating equipment, said device comprising:

a housing;

a microphone element coupled to the housing and con-figured to receive and process sound into electrical signals;

control circuitry coupled to the microphone element and including signal input circuitry, amplification circuitry, memory control circuitry, signal output circuitry and control logic circuitry for performing record and play-back functional operations with respect to the electrical signals and other regulated components of the record/ playback device;

said switch means coupled to the control circuitry for selecting the desired functional operations to be per-formed;

memory option 1 ...a receiving socket electrically coupled to the memory control circuitry and configured for electrical coupling with a recording medium which is capable of retaining recorded digital information for storage;

memory option 2 ...a flash memory module which operates as sole memory of the- received processed sound electrical signals and is capable of retaining recorded digital information for storage in nonvolatile form; [phrase e.Digital considered construction modification to]

a speaker coupled to the control circuitry for playback of recorded digital information; and power source coupled to the control circuitry for supplying electrical power to the device. (which requires no specific "coupling", and/or no specific structural arrangement.)

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Claim 1.

A record/playback device for use with a removable, interchangeable, flash memoryrecording medium which enables extended recording comparable with tape cassette dictating equipment, said device comprising:

a housing;

a microphone element coupled to the housing and con-figured to receive and process sound into electrical signals;

control circuitry coupled to the microphone element and including signal input circuitry, amplification circuitry, analog-to-digital conversion circuitry, memory control circuitry, signal output circuitry and control logic circuitry for performing record and playback functional operations with respect to the electrical signals and other regulated components of the record/playback device;

said switch means coupled to the control circuitry for selecting the desired functional operations to be per-formed;

a receiving socket electrically coupled to the memory control circuitry and configured for electrical coupling with a flash memory module which operates as sole memory of the received processed sound electrical signalsand is capable of retaining recorded digital information for storage in nonvolatile form;

"a receiving socket electrically coupled to the memory control circuitry and configured for electrical coupling with a flash memory module which operates as sole memory of the .received processed sound electrical signals and is capable of retaining recorded digital information for storage in nonvolatile form; [phrase e.Digital considered construction modification to]

a speaker coupled to the control circuitry for playback of recorded digital information;

and a power source coupled to the control circuitry for supplying electrical power to the device. Examiner note "which requires no specific "coupling", and/or no specific structural arrangement."

Focus of construction considerations of the Markman....

1. Origional published phrase: “a flash memory module which operates as sole memory of the received processed sound electrical signals and is capable of retaining recorded digital information for storage in nonvolatile form” (Claims 1 and 19 of the ‘774 Patent)

What and how e.Digital wanted to modify the phrase ....dropping "module"

2. e.Digital’s Proposed Construction: “a removable, interchangeable flash memory storage devicethat (1) is the only removablememory storage device that receives for storage the processed sound electrical signals , and (2) sole memory of the received processed sound electrical signals: is capable of retaining for storage digital information without the need for ongoing power support”

The court distinguished the original publishing only with considered meanings and did not consider e.Digitals construction.

FWIW

doni