Questions re Motion for Reconsideration of Claim Construction Memorandum and Order.
"predetermined" and "pre-established" are used distinctly and have different meanings.
determine= measure, calculate, ascertain
establish = cause something to be or to bring about and does not connote measurement
Pre-established vicinity range is an element of a predetermined parameter and not a predetermined parameter.
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Can someone give an example of one parameter containing the element of "pre-established vicinity range". What would that one parameter be like? Is this what is meant when one can say I should get signal strength of X when I am at the pre-established vicinity range? IF the manufacturers give an up to distance, do they also give a threshold signal strength at that up to distance?
At least 1 of the predetermined parameters has, includes, provides, or employs a pre-established vicinity range.
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No question.
Claim 25 adds the limitation that the pre-established vicinity range defines at least 1 of said predetermined parameters.
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Claim 25? What was that and why is it important that - in this claim - pre-established vicinity IS a predetermined parameter?
Order rejects Plaintiff's argument that the pre-established vicinity range describes a coverage area inherent in short range transceiver assembly.
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No question but I find it hard to believe court rejects this considering TM had no problem describing 'vicinity range' as a 'zone'.
The vicinity range may be pre-established and determined. No language that vicinity range is "always" determined.
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I gather from the way the Matthews motion was written, that this statement is saying:
The vicinity range may be pre-established.
The vicinity range may be determined (measured, calculated).
In the original order the judge makes a circle of maximum distance and an amorphous area within which a connection can be made. It also seems that the handoff must be made within the maximum distance. TM wants to say CLYW must calculate the distance and that TM does not infringe because they only use signal strength. Is CLYW saying that with a pre established vicinity I should have predetermined signal strength X, and if I don't then I cannot be within pre-established distance? How do you reconcile, understand, and explain the above "The vicinity range may be pre-established and determined. No language that vicinity range is "always" determined."?
Subsequent prosecution of '842 application provides no evidence that 'pre-established vicinity range' limitation should be narrowly construed such that it cannot be satisfied by a predetermined signal strength parameter or other predetermined parameter.
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This is the key argument.
