Free Declaration - District Court of Delaware - Delaware

Case 1:07-cv-00442-JJF

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Exhibit A

Civil Action No. 1:07-cv-00442-JJF

Case 1:07-cv-00442-JJF
71 338 U s
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PTO/SB/57 (04-05) Approved for use through 04/30/2007. 0MB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 0MB control number...

IH1IIJlllJffkMPTo.1465)
..

71338 U.S. P1 0
.

.2/14/06 REQUEST FOR EX PARTE REEXAMINATION TRANSMITTAL F0RM90007939
Address to:

Mail Stop Ex Parte Reexam Comm issioner for Patents P.O. Box 1450
Alexandria, VA 2231 3-1 450

Attorney Docket No. 6 1749/4
Date: February 14, 2006

02/1 4IQ

1. Z This is a request for cx parte reexamination pursuant to 37 CFR 1.510 of patent number 5,425,085 issued June 13, 1995 . The request is made by:

0 patent owner.
2.
Simpliphones, Inc. 1120 South 1680 West
Orem, UT 84058

third party requester.

The name and address of the person requesting reexamination is:

3. 0 a. A check in the amount of $

is enclosed to cover the reexamination fee, 37 CFR 1 .20(c)(1);

0 b. The Director is hereby authorized to charge the fee as set forth in 37 CFR 1 .20(c)(1) to Deposit Account No. (submit duplicative copy for fee processing); or c. Payment by credit card. Form PTO-2038 is attached.
.

4. Z Any refund should be made by 0 check or Z credit to Deposit Account No. 50-2375
37 CFR 1 .26(c). If payment is made by ôredit card, refund must be to credit card account.
5.

A copy of the patent to be reexamined having a double column format on one side of a separate paper is enclosed. 37 CFR 1.510(b)(4)

6. 0 CD-ROM or CD-R in duplicate, Computer Program (Appendix) or large table O Landscape Table on CD 7. 0 Nucleotide and/or Amino Acid Sequence Submission If applicable, items a: - C: are required.

a. 0 Computer Readable Form (CRF) b. Specification Sequence Listing on:

i 0 CD-ROM (2 copies) or CD-R (2 copies); or

ii 0 paper
8. 9.
10.
11.

c. 0 Statements verifying identity of above copies A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is
included.

Reexamination of claim(s)

1-26

08g 97933

A copy of every patent or printed publication relied upon is submitt1 rith including a listing
thereof on Form PTO/SB/08, P10-1449, or equivalent.
An English language translation of all necessary and pertinent non-English language patents and/or printed publications is included.
[Page 1 of 2]

This collection of information is reequired by 37 CFR 1.510. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 2 hours to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 2231 3-1 450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Mail Stpe Ex Parte Reexam, commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call l-800-PTO-9199 and select option 2.

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PTOISBI57 (04-05) Approved for use through 04/30/2007. 0MB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection of information unless it displays a valid 0MB control number

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12.

The attached detailed request includes at least the following items:

a. A statement identifying each substantial new question of patentability based on prior patents and printed publications. 37 CFR 1.510(b)(1) b. An identification of every claim for which reexamination is requested, and a detailed explanation of the pertinency and manner of applying the cited art to every claim for which reexamination is requested. 37 CFR 1.510(b)(2)

13.0 A proposed amendment is included (only where the patent owner is the requester). 37 CFR 1.510(e)

14. a. It is certified that a copy of this request (if filed by other than the patentowner) has been
served in its entirety on the patent owner as provided in 37 CFR 1 .33(c). The name and address of the party served and the date of service are:
Robert Epstein

EPSTEIN DRANGEL BAZERMAN & JAMES, LLP 60 East 42nd Street, Suite 820 New York, NY 10165

0

Date of Service:

February 14, 2006

or

b. A duplicate copy is enclosed since service on patent owner was not possible.

15. 0 Correspondence Address: Direct all communication about the reexamination to:
The address associated with Customer Number:
32642

Firm or Individual Name Address

City

I

State

I

I Zip

I

Country Telephone
16.
I

Email

The patent is currently the subject of the following concurrent proceeding(s): EJ a. Copending reissue Application No.__________________________________ b. Copending reexamination Control No.____________________________________ c. Copending Interference No.__________________________________________ EZI d. Copending litigation styled: See Continuation Sheet

WARNING: Information on this form may become public. Credit card information should not

be included on this form. Provide credit card information and authorization on PTO-2038.

7

Authorized Signature

IIII

Date

Kory D. Christensen
Typed/Printed Name

43,548 Registration No.

EJ

For Patent Owner Requester

EZI For Third Party Requester

[Page 2 of 2]

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Continuation Sheet

Copending Litigation
Rates Technology Inc. v. Simpligent, LLC U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-2729
Rates Technology Inc. v. Cablevision Systems Corp. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-3583 Rates Technology v. Mediatrix Telcom Inc. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-2755 Rates Technology Inc. v. Telegen Corp. U.S. District Court, Eastern District of New York, Civil Action No.: O1-CV-5319 Rates Technology Inc. v. Alcatel S A et al. U.S. District Court, Central District of California, Civil Action No.: 05-CV-6459

Rates Technology Inc. v. Googleinc. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-4703
Rates Technology Inc. v. Vonage America, Inc. et al. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-4727 Rates Technology Inc. v. Uniden America Corp. et al. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-5982

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71338 U.StU1jie
11/06

PTOISB/57 (04-05) Approved for use through 04/30/2007. 0MB 0651-0033 US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid 0MB control number. . S FORM PTO -1465)

llltlIIi1IFlllREQUEST FOR EX PARTE REEXAMINATION TRANSMITTAL FbI38 u.s. PT .
Address to:

Mail Stop Ex Parte Reexam Commissioner for Patents
P.O. Box 1450 Alexandria, VA 2231 3-1 450
1.

IIIIIIIIIIIIIIIIIIIIIJI/II/I/I//iiiii,iiijiii III

Attorney Docket No. 61-7491Q?1L41Q6
Date: February 14,2006

This is a request for ex parte reexamination pursuant to 37 CFR 1.510 of patent number 5,425,085 . The request is made by: issued June 13, 1995

D patent owner.
2.
Simpliphones, Inc.

third party requester.

The name and address of the person requesting reexamination is:
1120 South 1680 West Orem, UT 84058

3.

a. -A check in the amount of $ __________ is enclosed to cover the reexamination fee, 37 CFR 1 .20(c)(1);

0 b. The Direôtor is hereby authorized to charge the fee as set forth in 37 CFR I .20(c)(1) to Deposit Account No. ____________________(submit duplicative copy for fee processing); or
c. Payment by credit card. Form PTO-2038 is attached.
4. 5.

Any refund should be made by 0 check or Z credit to Deposit Account No. 50-2375
37 CFR 1.26(c). If payment is made by credit card, refund must be to credit card account. A copy of the patent to be reexamined having a double column format on one side of a separate paper is enclosed. 37 CFR 1.51 0(b)(4)

6.0 CD-ROM or CDR in duplicate, Computer Program (Appendix) or large table 0 Landscape Table on CD 7.0 Nucleotide and/or Amino Acid Sequence Submission If applicable, items a. - c. are required.

a. 0 Computer Readable Form (CRF) b. Specification Sequence Listing on: 0 CD-ROM (2 copies) or CD-R (2 copies); or

liD paper
8.

c. 0 Statements verifying identity of above copies A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is
included.
1-26

9. Z Reexamination of claim(s)
10.

is requested.

A copy of every patent or printed publication relied upon is submitted herewith including a listing thereof on Form PTO/SB/08, P10-1449, or equivalent.

11. 0 An English language translation of all necessary and pertinent non-English language patents and/or printed publications is included.
[Page 1 of2]
This collection of information is reequired by 37 CFR 1.510. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 2 hours to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount · of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer. U.S. Patent and Trademark Office, U.S. Department of Commerce. P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND - TO: Mail Stpe Ex Parte -Reexam, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, ca// i-800-PTO-9199 and select Option 2.

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Doc Code: +

.

PTO/SB/57 (04-05)

Approved for use through 04/30/2007. 0MB 0651-0033
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection of intormation unless it displays a valid 0MB control number.

12. Z The attached detailed request includes at least the following items:
a.

A statement identifying each substantial new question of patentability based on prior patents and printed publications. 37 CFR l.510(b)(1) b. An identification of every claim for which reexamination is requested, and a detailed explanation of the pertinency and manner of applying the cited art to every claim for which reexamination is requested. 37 CFR 1.51 0(b)(2)

13.0 A proposed amendment is included (only where the patent owner is the requester). 37 CFR 1.510(e)

14. a. It is certified that a copy of this request (if filed by other than the patent owner) has been served in its entirety on the patent owner as provided in 37 CFR 1.33(c). The name and address of the party served and the date of service are:
Robert Epstein EPSTEIN ORANGEL BAZERMAN & JAMES, LLP

60 East 42nd Street, Suite 820 New York, NY 10165

Date of Service:

February 14, 2006

or

0 b. A duplicate copy is enclosed since service on patent owner was not possible. 15. 0 Correspondence Address: Direct all communication about the reexamination to:
The address associated with Customer Number:
32642

0 Firm or
Individual Name Address
.

City
Country
.

I

State

I

I Zip

I

Email Telephone I 16. Z The patent is currently the subject of the following concurrent proceeding(s): a. Copending reissue Application No.__________________________________ b. Copending reexamination Control No.__________________________________ EJ c. Copending Interference No:__________________________________________

i:zi d. Copending litigation styled: See Continuation Sheet
WARNING: Information on this form may become public. Credit card information should not.

be included on this form. Provide credit card information and authorization on PTO-2038.

/

Authorized Signature
Kory D. Christensen

Date
43,548

E1 For Patent Owner Requester

Typed/Printed Name

Registration No.

i For Third Party Requester

[Page 2 of 2]

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Continuation Sheet

Copending Litigation
Rates Technology Inc. v. Simpligent, LLC U.S. District Court, Eastern District of. New York, Civil Action No.: 05-CV-2729 Rates Technology Inc. v. Cablevision Systems Corp. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-3583
. Rates Technology v. Mediatrix Telcom Inc. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-2755 .

Rates Technology Inc. v. Telegen Corp. U.S. District Court, Eastern District of New York, Civil Action No.: O1-CV-5319
, Rtes Technology Inc. v. Alcatel S A et al. , U.S. District Court, Central District of California, Civil Action No.: 05-CV-6459
. .

Rates Technology Inc. v. .Google Inc. U.S. District Court, Eastern District of NewYork, Civil Action No.: 05-CV-4703
'

.

Rates Technology Inc; v. Vonage America, Inc. et al. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-4727
Rates Technology. Inc., v. UnidenAmerica Corp. et al. U.S. District Court, Eastern District of New York, Civil Action No.: 05-CV-5982

'

,

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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

REQUEST FOR REEXAMINATION OF: U.S. PATENT NO. 5,425,085

Mail Stop Ex Parte Reexam Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450

Sir:

Reexamination under 35 U.S.C.. § 302-307 and 37 C.F.R. § 1.510 is requested of United States Patent No. 5,425,085, which issued on June 13, 1995 to Gerald J. Weinberger et al. (the "Weinberger Patent"). The Weinberger Patent is still enforceable. A copy of this patent is attached herewith.
I.

Claims for which Reexamination is Requested

Reexamination is requested of claims 1-26 of the Weinberger Patent, as set forth below. Each of the references mentioned below is listed on the attached Information Disélosure Statement form and copies of each such reference are also enclosed. Reexamination is requested of claims 1-5, 7-10, and 13 of the Weinberger Patent in view of the prior art publication titled "Starplus SPX: General Description Installation and Maintenance Manual," published by Vodavi Communication Systems and dated September, 1990 ("Vodavi"). Reexamination is also requested of claims 1-5, 7-10, and 13 of the Weinberger Patent in view of the prior art publication titled "Strata DK8 & DKI 6: Digital Key Telephone System General Description," published by Toshiba America Information Systems, Inc. and dated March, 1993 ("Toshiba"). Reexamination is also request of claims 1-5, 7-10, 13-16, 18, 19, and 22-26 of ·the Weinberger Patent in view of the prior art publication titled "ISOETEC System/228: Technical Manual" published by ISOETEC Communications, Inc. and dated July, 1988 ("Isoetec").

4,

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Reexamination is also requested of claims 1, 2, 5, 7, and 10 of the Weinberger Patent in view of the earlier UK Patent Application No. 2,218,595 of STC PLC published on November 15, 1989 ("STC"). Reexamination is further requested of claims 1-5 and 7-11 of the Weinberger Patent in view of the earlier U.S. Patent No. 5,173,933 issued on December 22, 1992 to Jabs et al. ("Jabs"). Reexamination is additionally requested of claims 6, 12, 17, and 21 of the Weinberger Patent in view of Vodavi, Toshiba, Isoetec, Jabs, and/or STC. Finally, reexamination is requested of claim 20 of the Weinberger Patent in view of Isoetec in further view of Jabs.

II.

Statement Pointing Out Substantial New Question of Patentability

Each of the prior art references referred to in the claim charts above--Vodavi, Toshiba, Isoetec, Jabs and STC--were not of record in the file of the Weinberger Patent. Notably, STC was cited in a patentability report received by the Weinberger Patent assignee in connection with its corresponding PCT application. See European Search Report dated September 1, 1998 (attached hereto as Exhibit A). Although the owner of the Weinberger Patent was therefore aware of STC at least as early as September, 1998, it failed to cited this reference to the United States Patent and Trademark Office during previous reexamination proceedings initiated by an order dated November 5, 1999 granting a request for reexamination. These prior reexamination proceedings were terminated after the submission of a declaration swearing behind the references cited in the aforementioned order. None of the references cited in the present Request for Reexamination are similarly susceptible to being sworn behind, as each of these references was published well before the critical date of March 18, 1993
(one year prior to the filing date of the Weinberger Patent).

As demonstrated in the claim charts set forth below, each of claims 1-26 is not patentable over these prior art documents. As such, a substantial new question of patentability is raised. Further, these prior art documents provide teachings not provided to the Patent Office during prosecution of the Weinberger Patent. It is respectfully submitted that these new prior art references create a substantial new question of patentability with respect to each of claims 1-26. and further that each of claims 1-26 should be rejected as unpatentable over the prior art cited herein.

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Ill.

Explanation of Pertinency and Manner of Applying Cited Prior Art to Every Claim for Which Reexamination is Requested
A.

Claim I

Claim I of the Weinberger Patent is considered to be fully anticipated under 35 U.S.C. § 102 by the Vodavi prior art publication. Vodavi was not relied upon or cited

during the prosecution of the Weinberger Patent
Claim 1 of the Weinberger Patent is also considered to be fully anticipated under 35 U.S.C. § 102 by the Toshiba prior art publication. Toshiba was not relied upon or

cited during the prosecution of the Weinberger Patent.
Claim I of the Weinberger Patent is also considered to be fully anticipated under 35 U.S.C. § 102 by the ISOETEC prior art publication. Isoetec was not relied upon or cited during the prosecution of the Weinberger Patent.
Claim 1 of the Weinberger Patent is also considered to be fully anticipated under

35 U.S.C. § 102 by STC. STC was not relied upon or cited during the prosecution of the Weinberger Patent.
Claim I of the Weinberger Patent is further considered to be fully anticipated under 35 U.S.C. § 102 by Jabs. Jabs was not relied upon or cited during the proseôution of the Weinberger Patent.

Claim or Claim Element 1. A device for routing telephone calls
along a least cost route originating from a first telephone to a second telephone having an associated telephone number via a network having a plurality of alternate communication switch paths corresponding to different carriers which can be chosen to route the call and normally providing a current to said first telephone when said first telephone is in use, comprising

Prior Art (Vodavi)
Vodavi discloses a device (the "Vodavi device") for routing telephone calls along a least cost route originating from a first telephone to a second telephone having an associated telephone number. See, e.g., page 200-8; page 300-5 (Least Cost Routing). Vodavi provides least cost routing via a network having a plurality of alternate communication switch paths corresponding to different carriers which can be chosen to route the call. See Id. The Vodavi device also provides a current to the telephone when it is in use. See, e.g., page 500-18 ("[Ijhe second pair [of wires] supplies the 24 volts.").

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a housing forming an enclosure and comprising first jack means for connection to said first telephone and second jack means for connection to said network

The Vodavi device has a housing forming an enclosure. A picture of the Vodavi housing is shown on page 500-2. The Vodavi device also has jack means for connection to telephones (pages 400-10 and 400-11) and jack means for connection to a network (pages 400-6 through 400-9). The Vodavi device includes switch means operatively connected to the jack means for connection to telephones for disconnecting a telephone from the network. See, e.g., page 100-1 ("The system provides. . . traditional communication functions (voice, data transmission and switching)") (emphasis added); page 400-5 ("The MISB contains the PCM Highway switch and is responsible for all voice switching."); page 500-16 (depicting a telephone being disconnected from the network via a switch during a power failure). The Vodavi device provides a current to the telephone, corresponding to a current provided by the network. See, e.g., page 410-1 ("Data and power are provided to the electronic phones through two pair, twisted cable."). The Vodavi device provides a database for storing billing rate parameters for determining a least cost communication path for placing a call in Section 660 ("LCR [Least Cost Routingj Programming"). See also page 300-5 (describing Least Cost Routing functionality; "The Least Cost Routing (LCR) feature allows for the automatic selection of the most economical trunk according to the number dialed and the time of day/day of the week."); page 2008.

switch means operatively connected to said first jack means for disconnecting said first telephone from said network,

means operatively connected to said switch means for generating a current through said switch means to the first telephone, corresponding to a current provided by said network, database means for storing billing rate parameters for determining a least cost communication path for call corresponding to said telephone number,

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means operatively connected to said switch means for detecting and storing said telephone number originating from the first telephone,

The Vodavi device includes the ability to detect and store the outgoing telephone number, see, e.g., page 300-5 ("The digits following the access code are accumulated and analyzed as they are dialed."), which is operative linked to the switch means, see, e.g., page 400-5 (The MISB contains the PCM Highway switch and is responsible for all voice switching."). The Vodavi device includes the ability to address the database and identify a plurality of communication switch paths to the second telephone and the cost rate of each path. See, e.g., page 300-5 ("When enough digits have been dialed and analyzed to select a route, the appropriate route list entry from that route is determined by the time of day/day of week"; "The Least Cost Routing (LCR) feature allows for the automatic selection of the most economical trunk according to the number dialed and the time of day/day of the week."). The Vodavi device includes the ability to compare the cost rate of each path and determine a least cost route. See, e.g., page 300-5 ("The Least Cost Routing (LCR) feature allows for the automatic selection of the most economical trunk according to the number dialed and the time of day/day of the week."); page 2008.

means for addressing said database means for identifying a plurality of communication switch paths to said second telephone and the cost rate of each path,

means for comparing the cost rate of each path so as to determine a least cost route, and

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means operatively connected to said switch means and said.second jack means for generating a number sequence corresponding to a desired carrier so that said call is routed through said second jack means to the selected communication path and carrier to establish a switched connection between said first telephone and said second telephone phone.

The Vodavi device includes the ability to generate a number sequence corresponding to a desired carrier to route the call through the network jack means to the selected communication path and carrier to establish a switched connection between two telephones. See, e.g., page 300-5 ("The digits following the access code are accumulated and analyzed as they are dialed. ... When enough digits have been dialed and analyzed to select a route, the appropriate route list entry from that route is determined by the time of day/day of week The dialed digits (or modified dialed digits) are outpulsed on the trunk."); page 200-8 ("Digit Insertion and Deletion -- The dialed digits may be modified by pre-insertion, post-insertion or deletion of digits to produce the digit stream that is actually out-pulsed on the trunk.").

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Claim or Claim Element
1. A device for routing telephone calls along a least cost route originating from a first telephone to a second telephone having an associated telephone number via a network having a plurality of alternate communication switch paths corresponding to different carriers which can be chosen to route the call and normally providing a current to said first telephone when said first telephone is in use, comprising

Prior Art (Toshiba)
Toshiba discloses a device (the "Toshiba device") for routing telephone calls along a least cost route originating from a first telephone to a second telephone having an associated telephone number. See, e.g., page 2-28 ("LCR [Least Cost Routing] can select the most economical route, helping save money."). Toshiba provides least cost routing via a network having a plurality of alternate communication switch paths corresponding to different carriers which can be chosen to route the call. See Id; page 2-32 ("The purpose of the plan scheme is to provide the system with directions for routing all possible calls, made by all possible users at all possible times of day. Eight separate plans provide the customer flexibility enough to route different area codes and exception office codes over different CO line groups."). One having ordinary skill in the art would appreciate that the Toshiba device also inherently provides a current to the telephone when it is in use. The Toshiba device has a housing forming an enclosure. A picture of the Toshiba housing with key components labeled is provided on page 8 of the 'General Description" section. The picture on page 8 also illustrates jacks for connection to telephones (J6-25 Amphenol Jack) and for connection to a network (modular jacks). The diagram on page 6 of this section further describes jack means for connection to telephones and to a network.

a housing forming an enclosure and comprising first jack means for connection to said first telephone and second jack means for connection to said network

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switch means operatively connected to said first jack means for disconnecting said first telephone from said network,
.

The Toshiba device includes switch means (a relay) operatively connected to a telephone jack (a TIP/RING connection) for disconnecting a telephone from the network. See, e.g., Figure 4-5 on page 47.

means operatively connected to said switch means for generating a current through said switch means to the first telephone, corresponding to a current provided by said network,

The Toshiba device provides a current to the telephone, corresponding to a current provided by the network. See, e.g., General Description, page 6 (Figure 7) (showing "QPSU8 POWER SUPPLY" connected to a variety of telephone devices, including "standard telephone").

The Toshiba device provides a database database means for storing billing rate parameters for determining a least cost for storing billing rate parameters for communication path for call corresponding determining a least cost communication to said telephone number, path for placing a call. See, e.g., page 228 ("LCR [Least Cost Routing] General Parameters. Enables features including. . . the Long Distance Information dialing plan."); page 2-29 (Figure 2-1) ("System analyzes telephone number, and checks it against most Program 50 options" . including "LCR Parameters ... LCR Long Distance Information Plan Number"); . page 2-28 ("LCR [Least Cost Routing] can select the most economical route, helping save money.").
means operatively connected to said switch means for detecting and storing said telephone number originating from the first telephone, The Toshiba device includes the ability to detect and store the outgoing telephone number. See, e.g., page 2-29 (Figure 21) ("System analyzes telephone number. . . ."; "System selects a CO line and dials number.").

means for addressing said database means for identifying a plurality of communication switch paths to said second telephone and the cost rate of each path,

The Toshiba device includes the ability to address the database and identify a plurality of communication switch paths to the second telephone and the cost rate of each path. See, e.g., page 2-29 (Figure 2-1).

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means for comparing the cost rate of each path so as to determine a least cost route, and
.

The Toshiba device includes the ability to compare the cost rate of each path and determine a least cost route. See, e.g., page 2-29 (Figure 2-1); page 2-28 ("LCR [Least Cost Routing] can select the most economical route, helping save money."). The Toshiba device includes the ability to generate a number sequence corresponding to a desired carrier to route the call through the network jack means to the selected communication path and carrier to establish a switched connection between two telephones. See, e.g., page 2-29 (Figure 2-1); page 228 ("Carrier codes can be programmed to dial automatically when a call is placed over the appropriate route. Digits can be added to the front or back. . . to make placing calls an invisible process. . .

means operatively connected to said switch means and said second jack means for generating a number sequence corresponding to a desired carrier so that said call is routed through said second jack means to the selected communication path and carrier to establish a switched connection between said first telephone and said second telephone phone.

Claim or Claim Element
1. A device for routing telephone calls along a least cost route originating from a first telephone to a second telephone having an associated telephone number via a network having a plurality of alternate communication switch paths corresponding to different carriers which can be chosen to route the call and normally providing a current to said first telephone when said first telephone is in use, comprising

Prior Art (lsoetec)
Isoetec discloses a device (the "Isoetec device") for routing telephone calls along a least cost route originating from a first telephone to a second telephone having an associated telephone number. See, e.g., page 10.1 (Least Cost Routing). The Isoetec device provides least cost routing via a network having a plurality of alternate communication switch paths corresponding to different carriers which can be chosen to route the call. See Id. lsoetec also discloses normally providing a current to said first telephone when in use. See, e.g., page TS.1 ("Data and power are provided to the key phones through two pair, random twisted cable.").

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a housing forming an enclosure and comprising first jack means for connection to said first telephone and second jack means for connection to said network

The Isoetec device has a housing forming an enclosure. A picture of the Isoetec housing (228 Cabinet) is shown on page 3.2 (Figure 3-1). The Isoetec device also has jack means for connection to telephones (page 3.6) and jack means for connection to a network (pages 3.8 through 3.9). The Isoetec device includes means for switching (disconnecting) its telephones from the network. See, e.g., page 1.8 ("The voice control module [] contains the circuitry necessary for voice switching and conference connections."). The Isoetec device includes means for providing a current to energize the telephones. See, e.g., page TS.1 ("Data and power are provided to the key phones through two pair, random twisted cable."); page 1.16 ("Power Supplies").

switch means operatively connected to said first jack means for disconnecting said first telephone from said network,

means operatively connected to said switch means for generating a current through said switch means to the first telephone, corresponding to a current provided by said network,

The Isoetec device provides a database database means for storing billing rate parameters for determining a least cost for storing billing rate parameters for communication path for call corresponding determining a least cost communication path for placing a call in Section 10, titled to said telephone number, Least Cost Routing (page 10.1 etseq.) ("Least Cost Routing (LCR). automatically selects the least expensive available route for an outside line call.") ("A Customized Data Base. ... This information includes number and types of facilities and services used. . . ."). The Isoetec database is pre-configured to the customer's requirements. See Id.

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means operatively connected to said switch means for detecting and storing said telephone number originating from the first telephone,

The Isoetec device includes the ability to detect and store the outgoing telephone number. When placing outside line calls using LCR, the number is dialed, after which the system uses the dialed number to "selectfl an idle line in the least costly trunk group and dials the call." Page 4.220. One of ordinary skill in the art would understand that to make a selection from among trunk groups using a telephone number, that number would necessarily be detected and stored. The Isoetec device includes the ability to address the database and identify a plurality of communication switch paths to the second telephone and the cost rate of each path. See, e.g. page 10.1 ("Least Cost Routing (LCR). . . automatically selects the least expensive available route for an outside line call."); page 4.103 ("LCR will pick the long distance route which will be the most cost effective at that time."); Figure 10-1. The lsoetec device includes the ability to compare the cost rate of each path and determine a least cost route. See, e.g., page 10.1 ("Least Cost Routing (LCR). . automatically selects the least expensive available route for an outside line call."); page 4.103 ("LCR will pick the long distance route which will be the most cost effective at that time.").

means for addressing said database means for identifying a plurality of communication switch paths to said second telephone and the cost rate of each path,

means for comparing the cost rate of each path so as to determine a least cost route, and

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means operatively connected to said switch means and said second jack means for generating a number sequence corresponding to a desired carrier so that said call is routed through said second jack means to the selected communication path and carrier to establish a switched connection between said first telephone and said second telephone phone.

The lsoetec device includes the ability to generate a number sequence corresponding to a desired carrier to route the call through the network jack means to the selected communication path and carrier to establish a switched connection between two telephones. Isoetec includes a description of the concept of using codes to access different carriers (page 10.2) and will generate a number sequence corresponding to the least cost carrier to connect the two telephones. See, e.g., page 4.103 ("LCR will pick the most cost effective route at that time. ... The call is dialed out by LCR").

Claim or Claim Element
1. A device for routing telephone calls along a least cost route originating from a first telephone to a second telephone having an associated telephone number via a network having a plurality of alternate communication switch paths corresponding to different carriers which can be chosen to route the call and normally providing a current to said first telephone when said first telephone is in use, comprising
a housing forming an enclosure and comprising first jack means for connection to said first telephone and second jack means for connection to said network

Prior Art (STC)
The device disclosed in STC (the "STC device") is for routing telephone calls over a network along a least cost route. See, e.g., page 4, ¶1 ("The arrangement to be described is a device which is connected between the BT line and a telephone, and routes calls to the MCL network when it is cheaper to do so.").

The STC device includes a housing forming an enclosure. See, e.g., page 4,
¶11 ("[The device] is housed in a standard

box. . . ."). The device also includes jack means for connecting the device to a telephone and jacks means for connecting the device to a telephone network. See, e.g., page 4, ¶1 ("The unit has four telephone connector inlets, one of which connects the box to the line, while the others provide three possible telephone extensions.").

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switch means operatively connected to said first jack means for disconnecting said first telephone from said network,

The STC device also includes switch means for disconnecting the telephone from the network. See, e.g., page 2, ¶4 ("... switching means.. .to connect the network access arrangement between the line and the instrument. . . ."); page 3, ¶1 ("... whereafter the access arrangement is switched out of circuit and the instrument reverts to its condition in which it is directly connected to the line. ."); page 4, ¶2 ("... the line is switched to

the device. . .
means operatively connected to said switch means for generating a current through said switch means to the first telephone, corresponding to a current provided by said network,

The STC device includes means for generating a current through the switching means to the telephone. See, e.g., page 4, ¶2 ("The telephone during the signalling is powered from the external power supply. . . ."); page 5, ¶7 ("The telephone is now powered from the

external PSU.. .
database means for storing billing rate parameters for determining a least cost communication path for call corresponding to said telephone number,
.

The STC device includes a database containing parameters used to determine a least cost routing path. See, e.g., page 5, ¶2 ("A look-up table will be stored in an EPROM 7 which could have a default data base installed, and could be directly modifiable from the line.").
The STC device also includes means for detecting and storing an outgoing call from the telephone connected with the device. See, e.g., page 2, ¶4 ("... which includes means for monitoring the line outgoing from the instrument to detect outgoing 'dialled' digits from that instrument, switching means responsive to the detection by said monitoring means of the commencement of "dialling" therefrom.. . ."); page 2, ¶4 through page 3, ¶1 ("... storage means in said arrangement into which digits from the instrument can pass . . . .").

means operatively connected to said switch means for detecting and storing said telephone number originating from the first telephone,
·

.

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means for addressing said database means for identifying a plurality of communication switch paths to said second telephone and the cost rate of each path,

The STC device includes the ability to address the database to identify the cost rate of a plurality of communication switch paths. See, e.g., page 4, ¶3 ("All dialed digits (LD or DTMF) from the caller.. .are decoded and the number is processed, and red ialled to the exchange unmodified for BT calls or modified for with the MCL protocol, for Mercury calls."); page 6, ¶3 ("[AjIl the dialled digits are detected, stored and examined. The device determine[s} from the first four digits that it should be a Mercury routed number, or, under processor control, that it is a call whose establishment would be cheaper via Mercury."). The STC device can compare the cost rate of the plurality of paths and determine which is the least cost route. See, e.g., page 3, ¶4 ("... an interface device ... which routes calls to the MCL network when it is cheaper to do so."); page 4, ¶1 ("The arrangement to be described is a device which is connected between the BT line and a telephone, and routes calls to the MCL network when it is cheaper to do so."); page 6, ¶3 ("The device determine[s] from the first four digits that it should be a Mercury routed number, or, under processor control, that it is a call whose establishment would be cheaper via Mercury.").

means for comparing the cost rate of each path so as to determine a least cost route, and

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means operatively connected to said switch means and said second jack means for generating a number sequence corresponding to a desired carrier so that said call is routed through said second jack means to the selected communication path and carrier to establish a switched cbnnection between said first telephone and said second telephone phone.

The STC device is able to generate a number sequence corresponding to a desired carrier and connect the telephone to the dialed telephone. See, e.g., page 4, 113 ("All dialed digits (LD or DTMF) from the caller. . . are decoded, and the number is processed, and red ialled to the exchange unmodified for BT calls or modified with the MCL protocol, for Mercury calls."); page 6, ¶'s 3-5 ("The device determine[s] from the first four digits that it should be a Mercury routed number, or, under processor control, that it is a call whose establishment would be cheaper via Mercury. The Mercury access code, 131, is first dialled automatically, under control of the processor 1 and via the transmission circuit 5. Then a delay of fixed/programmable time is inserted. After that the user's authorisation code will be sent in DTMF. ... After the line is switched to the telephone, if any further digits are entered. . . those digits will be detected and redialled after the line is switched to the device.").

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Claim or Claim Element 1. A device for routing telephone calls
along a least cost route originating from a first telephone to a second telephone having an associated telephone number via a network having a plurality of alternate communication switch paths corresponding to different carriers which can be chosen to route the call and normally providing a current to said first telephone when said first telephone is in use, comprising

-

Prior Art (Jabs)
The device disclosed in Jabs (the "Jabs device") may be used to route telephone calls along a least cost route via a network having a plurality of alternate communication switch paths. See, e.g., ccl. 4, lines 24-28 ("The interface has a programmable routing feature such that it automatically provides the route from one of the station channels to the available trunk channel linked to the communication carrier having the ·medium of least cost."); col. 4, lines 49-55 ("[T]he interface automatically captures and interprets the subscriber dialed telephone number, determines the least cost route, and redials by the adding or stripping of the necessary digits to the subscriber dialed telephohe number so that the number may be understood correctly by the selected carrier."). Each of the landline networks of the communication media and carriers correspond toa switch path and normally provides current to the telephone when it is in use. See, e.g., col. 8, lines 17-19 ("Each of the telecommunication ports 100, 104, 108, and 112 have lines that represent 'normal current,' 'reverse current,' . . . .").

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a housing forming an enclosure and comprising first jack means for connection to said first telephone and second jack means for connection to said network

The Jabs device includes a housing. See, e.g., col. 6, lines 34-40 ("[T]he interface of the present invention is within a housing."). The housing includes first and second jack means for connection to a telephone and a network, respectively. See, e.g., col. 8, lines 12-17 ("The telecommunication ports 100, 104, 108, and 112 are jacks or plugs to allow attachment of telecommunication stations to the station channels and attachment of communication terminals to the trunk channels.") The interfaces 108 and 112 act as first jack means and the interfaces 100 and 104 act as second jack means.
The interfaces 108 and 112 of the Jabs device act as switch means because they control connecting and disconnecting the tip and ring pair connected to the first telephone from the network. See, e.g., col. 8, lines 24-25 ("Each of the ports 100, 104, 108, and 112' have 'tip' and 'ring' wire connections.").

switch means operatively connected to said first jack means for disconnecting said first telephone from said network,

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means operatively connected to said switch means for generating a current through said switch means to the first telephone, corresponding to a current provided by said network,

The Jabs device generates and transmits a current corresponding to the current that the network itself would have sent. See, e.g., col. 8, lines 24-25 ("Each of the ports 100, 104, 108, and 112 have 'tip' and 'ring' wire connections."); col. 9, line 64 through col. 10, line 3 ("Upon a scan of a particular channel, the system will determine the channel number or designation at 600 and proceed to determine if loop current is present at 602. Loop current from a telecommunication station indicates that the subscriber has gone off hook or picked up the phone or other telecommunication device and is seeking an outgoing connection."). The indication described above occurs when no voice communication is yet present, so it corresponds to a current provided by said network, but which is not actually provided by the network and goes through the interfaces 108 and 112. The Jabs device has an.external memory cartridge which "holds tables for least cost routing." Col. 6, line 26; see also col. 22, lines 49-52 ("[A] memory that contains a lookup table of tariff information that relates to the different carriers of the communication medium capable of linking to the plurality of carriers of the same medium."); col. 12, lines 42-43 ("A plurality of tables are constructed to encompass both standard and off-peak rates.").

database means for storing billing rate parameters for determining a least cost communication path for call corresponding to said telephone number,

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means operatively connected to said switch means for detecting and storing said telephone number originating from the first telephone,

The Jabs device includes the ability to detect and store an outgoing telephone number. See, e.g., col. 10, lines 7-10 ("The digit count seeks to count the number of independent DTMF (dual-tone multifrequency) tones (touch-tones) that have been entered as digits in a dialing sequence."); col. 2, lines 8-15 ("The calling party, or subscriber, dials the desired telephone number following the North American dialing plan and the call is processed automatically by the adding or stripping of the necessary touch-tone commands to the subscriber dialed telephone number so that the number may be understood correctly by the selected carrier. Such routing and redialing is invisible to the subscriber."); col. 20, lines 53-55 ("The interface captures the sequence of the dialing digits. . . . ").

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means for addressing said database means for identifying a plurality of communication switch paths to said second telephone and the cost rate of each path,

The second and third paragraphs of col. 11 describe the hierarchical setting of various communication paths (e.g., satellite, cellular and land line) and their relative rates. The third paragraph expressly states that "there could be two or more cellular or land lines." Lines 5354. Thus, there are a plurality of switch paths. In addition, the satellite system alone may have plural switch paths. The last paragraph of col. 3 states, "Within a satellite network such as Inmarsat, the different carriers are represented by the different coast earth stations through which an outgoing telephone call from an oceangoing vessel may be routed." Lines 57-60. The CPU 22 addresses the routing tables stored in the external memory cartridge 52. See, e.g., col. 6, lines 25-30 ("The external memory cartridge 52 is a 32K EPROM that holds tables for least cost routing and the program source code for the CPU 22 and the digital signal processors 24 and 26. The external memory cartridge 52 is connected to the main board at an input/output connector 54.").

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means for comparing the cost rate of each The third paragraph of cot. 11 expressly path so as to determine a least cost route, states "The interface, upon placement of a call, selects the channel of least cost and (first choice) off hook, and look for loop current and/or dial tone. If loop current is not detected, the interface on hooks this channel and try either another channel of the same media (as there could be two or more cellular or land lines) if available, or bring the channel off hook for the second choice. The interface continues this process until the channels that are of less cost than satellite are exhausted." Lines 48-57. Thus, the rates of the various non-satellite paths are compared to determine a least cost route. Also, the rates of the various satellite routes are also compared when satellite calls are used. See, e.g., col. 11, line 63 through col. 12, line 10 ("If the medium selected is via satellite, the interface interprets the country code selected by the caller in the dialing sequence and look through search tables to select the least expensive CES to route the call. ... The interface scans its search tables and selects the coast earth station having the least cost into the geographic zone which contains the selected country. If the selected CES is busy or not available the next least expensive CES is selected. . . ."). See also col. 4, lines 24-28 ("The interface has a programmable routing feature such that it automatically provides the route from one of the station channels to the available trunk channel linked to the communication carrier having the medium of least cost.").

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means operatively connected to said switch means and said second jack means for generating a number sequence corresponding to a desired carrier so that said call is routed through said second jack means to the selected communication path and carrier to establish a switched connection between said first telephone and said second telephone phone.

The Jabs device "automatically captures and interprets the subscriber dialed telephone number, determines the least cost route, and redials by the adding or stripping of the necessary digits to the subscriber dialed telephone number so that the number may be understood correctly by the selected carrier. For the case of a call completed via satellite communications, the interface will also automatically send a string of electronic signals appropriate to access a satellite to effect the satellite communication. Such routing and redialing is invisible to the subscriber." Col. 4, lines 49-59. See also col. 20, lines 53-55 ("The interface captures the sequence of the dialing digits and routes the call . . . .

As set forth in the claim charts above, each of the limitations in claim 1 is fully disclosed by the Vodavi, Toshiba, Isoetec, STC, and Jabs prior art references. As mentioned above, none of these references were of record during the initial examination of the Weinberger Patent, although the Weinberger assignee was aware of at least SIC at the time it submitted correspondence to the Patent Office during prior reexamination proceedings. See Exhibit A. With respect to the first claim element, all five cited prior art references disclose housings including jacks for connecting the device to a telephone and jacks for connecting the device to a phone network, which accords with the construction of this element proposed by the assignee of the Weinberger Patent in public document issued in a federal district court proceeding involving the Weinberger Patent. A copy of this document is attached hereto as Exhibit B (see p. 6). Regarding the second claim element, the patentee of the Weinberger Patent has advocated for an interpretation of "switch means" that encompasses, among other things, relays (see Exhibit B, p. 7). Relays are used in the Toshiba reference, "switching means" are explicitly disclosed in STC, "circuitry. . . for voice switching" is disclosed in the Isoetec reference, and other embodiments of switch means are disclosed by the Vodavi and Jabs references. See claim charts above. With regard to the third claim element, the Weinberger patentee has publicly admitted that it should be interpreted to include any "circuitry capable of providing power to energize 'the telephone." Exhibit B, p. 8. The wires referred to in the Vodavi, Jabs and lsoetec references, and the power supplies referred to in STC and the Toshiba 'reference, are each capable of providing power to energize the telephone. See claim

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charts above. Moreover, those having ordinary skill in the art will appreciate that the limitations of both the second and third claim elements--as interpreted by the Weinberger Patent assignee--are necessarily and inherently found in any complex, multi-phone telephone system, such as those disclosed and described in Toshiba, Vodavi, and Isoetec. Such systems are typically configured to support more subscriber telephones than external network lines. Thus, with reference to the third claim element, they must rely on an internal power supply to provide the current that is required to energize all subscriber telephones.
The fourth claim element, according to an admission by the Weinberger patentee, encompasses "a database of the parameters used during the least cost routing analysis." Exhibit B, p. 8. Since all of the cited prior art references are capable of performing least cost routing, they necessarily provide a database for storage of the parameters used in making the least cost routing determination. Moreover, the claim charts above contain more specific recitations to least cost routing parameters. The Toshiba reference, for example, specifically refers to "Least Cost Routing parameters" in more than one instance. See claim charts above. The fifth claim element has been defined by the Weinberger patentee as encompassing "a variety of common and readily available integrated circuits with DTMF detection capabilities." Exhibit B, p. 9. The Vodavi reference discloses circuitry with DTMF detection capabilities. See, e.g., page 400-5 ("The MISB Board contains 4 DTMF receivers and 2 DTMF senders."). Likewise, the Toshiba device, see, e.g., General Description, page 8 (". . .to interpret the Dual-tone Multi-frequency (DTMF) signals they may transmit".); General Description, page 10 (". . .can communicate with devices. . . that require Dual-tone Multi-frequency (DTMF) signaling."), the Isoetec device, see, e.g., page TS.2 ("DTMF Receiver"); page 1.15 ("DTMF Receiver Combination Port Card"), and the Jabs device, see, e.g.,'col. 10, lines 7-8 ("The digit count seeks to count the number of independent DTMF (dual-tone multifrequency) tones :.. ."), all have DTMF capabilities. Finally, the STC device also uses DTMF detection. See, e.g., page 4, ¶3 ("All dialled digits (LD or DTMF). . . ."); page 5, ¶1 ("The device will be required to signal in. . . DTMF. . . ."); page 5, ¶2 ("The data from that table is passed in DTMF tones.. . ."); page 5, ¶7 ('[A]ll the dialled digits are detected in a DTMF transceiver. . . The sixth claim element, according to the Weinberger patentee, "is directed to a device that addresses {the] database in order to identify the possible routes through the network to the destination telephone and the costs of using those routes for the call." Exhibit B, p. 9. Specific citations within the cited prior art references to this element can be found in the claim charts above. For example, Jabs discloses "a memory that contains a lookup table of tariff information that relates to the different carriers of the communication medium." Col. 22, lines 49-52. A "tariff' is equivalent to a "rate" and a "lookup table of tariff information" is equivalent to a database of cost rates. By the Weinberger Patent assignee's admission, the seventh claim element "is directed to any computer processor or any equivalent device or circuitry capable of

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identifying and comparing available paths and/or carriers for routing a call based on cost." Exhibit B, p. 9. As interpreted by the Weinberger Patent assignee, each of the cited prior art references satisfies this element. Specific citations within the cited prior art references to least cost routing that satisfy this element can be found in the claim charts above. element encompasses "a signal generator (such as a circuitry), which fl generates the tone signals to the numerical prefix of the selected carrier . . . to allow for corresponding communication between the first and second telephones." Exhibit B, p. 10. Vodavi, Toshiba, and Jabs each include DTMF tone generators (see supra) and each discloses generating tone signals, corresponding to the carrier selected by the least cost routing process, to allow for communication between two telephones. See claim charts above. Isoetec also discloses use of a DTMF tone generator. See, e.g., page 1.8 ("The VCM contains the DTMF tone generators. . . ."). Likewise, STC discloses DTMF tone signal generation. See, e.g., page 4, ¶3 ("All dialled digits (LD or DTMF). .. ."); page 5, ¶1 ("The device will be required to signal in . . . DTMF . . . ."); page 5, ¶2 ("The data from that table is passed in DTMF tones. . . ."); page 5, ¶7 ("[A]ll the dialled digits are detected in a DTMF transceiver. . .
The eighth and final claim

DTMF tone

generator or equivalent

Claim I of the Weinberger Patent is therefore anticipated by the Vodavi, Isoetec, Toshiba, STC and/or Jabs references. Moreover, many of the claim limitations are inherently disclosed, even apart from the particular disclosures referenced above For example, one having ordinary skill in the art would understand that a complex, multiphone system of the type disclosed in the Vodavi, Toshiba, and Isoetec references would necessarily provide a switch means for disconnecting one or more of its phones from the network, and would necessarily provide a current to power its telephones.
B.

Claims 2, 5, 7, and 10

Claims 2, 5, 7, and 10 of the Weinberger Patent are considered to be fully anticipated under 35 U.S.C. § 102 by the Vodavi, Toshiba, lsoetec, STC or Jabs prior art references.

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Claim or Claim Element Prior Art 2. The device according to claim I Vodavi wherein said least cost communication Vodavi discloses Least Cost Routing path parameters include the time and date parameters including the time and date of of the call, the call. See, e.g., page 300-5 ("The Least Cost Routing (LCR) feature allows for the automatic selection of the most economical trunk according to the number dialed and the time of day/day of
the .week.").
.

Toshiba
Toshiba allows for setting and maintaining the time and date, see, e.g., page 1-15, which are used as parameters for least cost routing. See, e.g, page 228 ("The customer chooses these lines for the specific time of day. . . with varying priorities."); page 2-98.

.
.

Isoetec
Isoetec discloses selecting a least cost communication path by the time and day of the call. Seè,e.g., page 4.103 ("LCR will pick the long distance route which will be the most cost effective at that time") (emphasis added).

Jabs
Jabs discloses using the time and date of a call as least cost communication path parameters. See, e.g., coLl2, lines 4-6 ("The interface also takes the time of day into consideration. . . ."); col. 6, lines 5354 ("The real time clock 58 maintains the

.

current date and time...

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STC The STC device relies on the time and date of a call to make its least cost routing determinations because it "routes calls to the MCL network when it is cheaper to do so." Page 4, ¶1 (emphasis added).

Claim or Claim Element 5. The device according to claim I
wherein said means for generating said number sequence comprises a dual tone multifrequency generator.

Prior Art
Vodavi
Vodavi discloses generating a number sequence with a dual tone multifrequency (DTMF) generator. See, e.g., page 400-5 ("The MISB Board contains 4 DTMF receivers and 2 DTMF senders.").

Toshiba
Toshiba discloses transmitting Dual Tone Multi-Frequency (DTMF) signals. See, e.g., General Description, page 8 ("...to interpret the Dual-tone Multi-frequency (DTMF) signals they may transmit".); General Description, page 10 (". ..can communicate with devices. . . that require Dual-tone Multi-frequency (DTMF) signaling.").

e.g., page 1 .8 ("The VCM contai ns the DTMF tone generators, a DTMF tone

receiver. .

.

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Jabs
In the paragraph spanning columns 19 and 20, Jabs discloses that "The first digital signal processor 24 performs tone generation for. . . telephony single and dual tones." See also col. 10, lines 7-10 ("The digit count seeks to count the number of independent DTMF (dual-tone multifrequency) tones (touch-tones) that have been entered as digits in a dialing sequence.").
STC The STC device is able to generate a number sequence by way of a dual tone multifrequency (DTMF) generator. See, e.g., page 4, ¶3 ("All dialled digits (LD or DTMF).. . ."); page 5, ¶1 ("The device will be required to signal in . . . DTMF . ."); page 5, ¶2 ("The data from that table is passed in DTMF tones. . . ."); page 5, ¶7 ("[A]ll the dialled digits are detected in a DTMF transceiver. ..

Claim or Claim Element 7. The device according to claim 1
wherein said detecting means includes a dual tone multifrequency detector.
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Prior Art Vodavi
Vodavi discloses a dual tone multifrequency (DTMF) detector. See, e.g., page 400-5 ("The MIS