ORDER CONSTRUING CLAIMS OF U.S. PATENT NO. 4,596,900

YOUNG, District Judge.

This is a patent case. Plaintiff Philip S. Jackson ("Jackson"), is the owner of U.S. Patent No. 4,596,900 ("the `900 patent"). The `900 patent discloses and claims a set of electronic circuits for remotely controlling appliances or devices through the use of tones produced by touch-tone telephones. This invention can be connected to, for example, a heating or air conditioning system or a lighting system, and enables a caller to remotely control the attached appliance. For purposes of this action against Thomson Consumer Electronics ("Thomson"), Jackson's invention also relates to a feature common to telephone answering machines, referred to in the telephone answering device industry as "beeperless" remote control or "tone" remote control. In his Complaint, Jackson directly accuses nine Thomson products of infringing his `900 Patent, namely, Thomson's "GE" Models 2-9975, 2-9991, 2-9866, 2-9827, 2-9831, 2-9824, 2-9802, 2-9790, and 2-9740. (Complaint, ¶ 47). Jackson also suggests the existence of other allegedly infringing Thomson devices by making reference to ". . . other Thomson devices constructed in a similarly infringing fashion . . ." Id.

On June 8-9, 2000, the court held a hearing in accordance with Markman v. Westview Instruments, Inc., 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996) to construe disputed claims of the `900 patent. This is the court's construction of those disputed claims.

I. Factual and Procedural History

The court draws the following facts from the Complaint, the briefs submitted by the parties in connection with the Markman hearing, and the testimony and evidence presented during the hearing.

On June 24, 1986, the Patent and Trademark Office issued the `900 patent. The `900 patent relates to a novel apparatus that responds to a predetermined sequence of tones, such as the touch-tones generated by most telephones, to enable the user to control — from a remote location — a large number of functions associated with the apparatus, and to do so in a simple, inexpensive, highly reliable, flexible, and convenient manner. Jackson did not invent touch-tone remote control per se, but his invention improved touch-tone remote control so much that it made it practical for use in consumer electronics products such as telephone answering machines. This feature often is referred to in the telephone answering machine industry as "beeperless" remote control or "tone" remote control. It enables a user to call his or her telephone answering machine at a remote location and, by then pressing the "3" and "1" buttons (for example) on the telephone, cause the machine to play back any messages recorded on the machine. Pressing other buttons enables remote control of other features.

Jackson's patent describes the structure for utilizing his invention in terms of digital logic integrated circuitry (e.g., AND gates, NAND gates, OR gates, counters, etc.). Today's telephone answering machines sold by Thomson (and the rest of the industry) employ digital logic integrated circuitry by using "microprocessors" or "microchips" which have the same components (e.g., AND gates, NAND gates, OR gates, counters, etc.).

In 1994, Matsushita Electric Co. and Kazuo Hashimoto (Matsushita's licensor for patents relating to telephone answering machines) attacked Jackson's patent three times by way of reexaminations in the United States Patent and Trademark Office ("PTO"). At issue here are those claims set forth in the second Reexamination Certificate issued by the PTO on August 26, 1997, Reexamination Certificate No. B2 4,596,900. After briefing this issue, the parties have pared down the claims in dispute to Claims 1, 5 and 10.

II. Claim Construction

Construction of patent claims is a matter of law for the court. Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed. Cir. 1995) (en banc), affd, 517 U.S. 370, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996). Claims are construed from the vantage point of a person of ordinary skill in the art at the time of the invention. Id. at 986. In construing a claim, the court first looks to the intrinsic evidence of record, namely, the language of the claim, the specification, and the prosecution history. E.g., Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed. Cir. 1996). In most circumstances, the intrinsic evidence will provide sufficient information for construing the terms. Id. at 1583.

A. Intrinsic Evidence

The court must begin with the claim language, which defines the scope of the claims. See York Products, Inc. v. Central Tractor Farm Family, 99 F.3d 1568, 1572 (Fed. Cir. 1996). In analyzing claim language, the court must give the words of the claim their ordinary and customary meaning. Vitronics, 90 F.3d at 1582.

In order to give context to the claim language, the court must also review the specification:

The specification acts as a dictionary when it expressly defines terms used in the claims or when it defines terms by implication . . . As we have repeatedly stated, "[c]laims must be read in view of the specification, of which they are a part." . . . The specification contains a written description of the invention which must be clear and complete enough to enable those of ordinary skill in the art to make and use it. Thus, the specification is always relevant to the claim construction analysis. Usually, it is dispositive; it's the single best guide to the meaning of a disputed term.

The last source of intrinsic evidence relevant to claim interpretation is the prosecution history of the patent, if it has been made part of the record.

This history contains the complete record of all proceedings before the Patent and Trademark Office, including any express representations made by the applicant regarding the scope of the claims. As such, the record before the Patent and Trademark Office is often of critical importance in determining the meaning of claims.

Moreover, the court may examine technical treatises and dictionaries "at any time" in order to better understand the underlying technology and can rely on this evidence to construe the claims so long as it does not contradict the patent documents. Id. at 1584, n. 6. Additionally, the court may admit and rely on prior art, whether or not it is cited in the specification or the file history, as prior art can help demonstrate how a term is used by those skilled in the art. Id. at 1584.

B. Extrinsic Evidence

If, after reviewing all available intrinsic evidence, some genuine ambiguity still exists in the claims, the court may look to extrinsic evidence as an aid in construing the claim language. Id. at 1584. The Federal Circuit has made clear, however, that when the "public record unambiguously describes the scope of the patented invention, reliance on any extrinsic evidence is improper." Id. "Extrinsic evidence is any evidence outside of the patent and prosecution history." Markman, 52 F.3d at 980. It may be used to assist the court's understanding of the patent, or the field of technology, but not to vary or contradict the terms of the claims. Id at 980-81.

C. Construing Means-Plus-Function Claims

The claims at issue here are means-plus-function claims. A "means-plus-function" claim recited in general terms is a "means" for performing a precisely stated function without identifying the particular structure, material, or acts of the claimed invention. The statute provides:

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.

1. Literal Infringement of a Means-Plus-Function Claim

Jackson alleges literal infringement in this matter. In addressing literal infringement of a means-plus-function claim, the court must as a matter of law (1) identify the claimed function; and (2) locate in the patent specification the structure or equivalent structures which perform the claimed function. E.g., Carroll Touch, Inc. v. Electro Mechanical Systems, Inc., 15 F.3d 1573, 1576 (Fed. Cir. 1993). Whether the accused device actually performs those functions and whether the accused device actually uses that structure is not an issue for purposes of claim construction.

The test of Section 112, Paragraph 6 equivalence is "whether the differences between the structure in the accused device and any disclosed in the specification are insubstantial." Valmont Industries, Inc. v. Reinke Manufacturing Co., 983 F.2d 1039, 1043 (Fed. Cir. 1993). An insubstantial change is one that "adds nothing of significance to the structure, material, or acts disclosed in the patent specification." Id.

2. Infringement of a Means-Plus-Function Claim Under the Doctrine of Equivalents

An accused device may infringe a patent if "there is `equivalence' between the elements of the accused product or process and the claimed elements of the patented invention." Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17, 21, 117 S.Ct. 1040, 137 L.Ed.2d 146 (1997). The doctrine of equivalents is applied to each individual element of a claim, not the invention as a whole. Id. at 29, 117 S.Ct. 1040. Unlike the infringement analysis under Section 112, Paragraph 6, however, infringement under the doctrine of equivalents requires only that the accused device have an equivalent function to the patent claims. Id. Thus, the court's determination of the function of the elements of the patent at issue impacts on infringement under the doctrine of equivalents. Whether the accused device performs each of those functions is a fact question not at issue in claim construction.

III. Equivalents Issue

The parties dispute whether this court should make a determination of whether a microprocessor form of digital logic integrated circuitry, programmed to perform the functions of the claims of the `900 patent, is the equivalent, under 35 U.S.C. § 112, ¶ 6. The Federal Circuit has spoken on this issue:

[A] court must construe the functional claim language "to cover the corresponding structure, material, or acts described in the specification and equivalents thereof." 35 U.S.C. § 112.

At the Markman hearing, Jackson presented the language of the patent claims. See Plaintiffs Exhibits 5, 6, and 7. The language of the claims sets forth various "means", such as "detecting means", "control means", and "dual state means." Because this is a means-plus-function patent, the court must look to the specification for the disclosed structure and its equivalents.

In the specification of the `900 patent, Jackson disclosed digital logic integrated circuitry, such as AND gates, OR gates, and flip flops. Jackson did not limit himself to this particular set of circuit components. The specification states that "the scope of the invention should not be limited by the particular embodiments and specific construction described herein but should be defined by the appended claims and equivalents thereof." U.S. Patent No. 4,596,900, col. 11, 11. 43-47. Thus, the language of the `900 patent reserves the right to claim equivalent structure and did not disclaim microprocessors as equivalents.

Further, Jackson introduced the entire file history as its Exhibits A-AA. One of the prior art references in the `900 patent is the Daley, United States Patent No. 4,491,690. The Daley patent related to a control system which utilized telephones as the communication link. The preferred embodiment of the patent utilized a microprocessor. The Daley patent notes, however, the equivalence of hardware and a microprocessor:

The microprocessor design, although preferred, is not essential and it should be understood that equivalent hardware may be employed to perform the same function.

In addition, at the hearing, Jackson introduced the testimony of Dr. Silva, Professor of Electrical Engineering at Purdue University. He testified that, to a person skilled in the art, use of a microprocessor would be a routine substitution for the digital logic integrated circuitry disclosed in the `900 patent. (See generally Transcript of Markman Hearing at 29-40).

And lastly, Jackson introduced a portion of Michael Slater's learned treatise, Microprocessor-Based Design: A Comprehensive Guide to Effective Hardware Design (Prentice Hall 1989) (Plaintiffs Exhibit 4). This treatise demonstrates the fundamental tenet of Jackson's proposed claim construction finding on equivalence. According to Mr. Slater:

The basic digital logic structure is the gate. All digital logic systems, including microprocessors, are composed of gates.

Slater, Microprocessor-Based Design: A Comprehensive Guide to Effective Hardware Design (Prentice Hall 1989) at 3 (Plaintiffs Exhibit 4). Dr. Silva, Jackson's expert, testified that the four basic gates (i.e., AND gates, OR gates, XOR gates or exclusive-OR gates, and NOT gates) disclosed in the `900 patent's digital logic integrated circuits are identical to the four gates (i.e., AND gates, OR gates, XOR gates, and NOT gates) utilized in microprocessor digital logic integrated circuits, as described by Mr. Slater and as illustrated in Figure 1.1 of his treatise.

The intrinsic evidence, extrinsic evidence, expert testimony, and the learned treatise by Mr. Slater convince the court that a microprocessor programmed to perform the functions of the `900 patent is the equivalent, under Section 112, Paragraph 6, of the digital logic integrated circuitry disclosed in the `900 patent.

IV. Claim Function and Structure Conclusions of Law.

The court must now address the independent claims at issue in this case, Claims 1, 5, 10, 59, 79, and 97. Having considered the intrinsic evidence in this case, the court now finds that the independent Claims at issue have the functions and corresponding structure set forth in the following tables. The court finds that each dependent claim has the function and corresponding structure set forth in the table for the independent claim on which that claim depends plus the function and structure set forth in the following tables for the dependent claims.

A. Independent Claims.

Claim 1

Claim 1 Language Function Corresponding Structure

1. A phone-line-linked, tone-operated control apparatus for remotely controlling various functions of at least one device, said apparatus comprising:

A. detecting means To couple to receive a portion of coupled to receive tone signals from decoding and control tone signals from said phone line. logic 24; integrated said phone line, circuits including DTMF decoder 20, crystal 40, inverter 47, AND gates 48 and 50 and 52, flip-flops 56 and 58, AND gates 60 and 62 for detecting at To detect at least least one one predetermined predetermined sequence of sequence of predetermined tone predetermined tone signals. signals and for producing a To produce a corresponding corresponding sequence detection sequence detection signal; signal.

B. control means To respond to said a portion of responsive to said sequence detection decoding and control sequence detection signal. logic 24; integrated signal circuits including OR gate 64, flip-flop 66 for producing a To produce a corresponding corresponding control signal; control signal.

wherein said detecting means comprises

A(1). first a portion of detecting means decoding and control logic 24; integrated circuits including DTMF decoder 20, AND gates 48, 50, 60, flip-flop 56 for producing a To produce a first first detection detection signal in signal in response response to the to the reception of reception of a first a first predetermined predetermined sequence of sequence of predetermined tone predetermined tone signals. signals and

A(2). second a portion of detecting means decoding and control logic 24; integrated circuits including DTMF decoder 20, AND gates 50, 52, 62, flip-flop 58 for producing a To produce a second second detection detection signal in signal in response response to the to the reception of reception of a a second second predetermined predetermined sequence of sequence of predetermined tone predetermined tone signals. signals;

wherein said control means is

B(1). responsive to To respond to said See Section B, supra said first detection first detection signal for producing signal for producing a corresponding a corresponding first control signal first control signal and

B(2). responsive to To respond to said See Section B, supra said second second detection detection signal for signal for producing producing a a corresponding corresponding second second control control signal; signal.

wherein said control means comprises

B(3). dual state a portion of means decoding and control logic 24; integrated circuits including OR gate 64, flip-flop 66 for producing only To produce only one one of said first of said first control signal and control signal and said second said second control signal at a time. control signal at a time; and

wherein said first and said second detecting means further include

A(1)(a), and (A)(2)(a).

gating means a portion of decoding and control logic 24; integrated circuits including AND gates 60, 62 coupled in circuit To couple in circuit. for disabling To disable production of said production of said first and said first and said second detection second detection signals respectively signals respectively.

in response to said To respond to said second control second control signal and said signal and said first control first control signal, signal, respectively, respectively.

whereby said To not produce said apparatus cannot first detection produce said first signal and said detection signal and second detection said second signal at the same detection signal at time. the same time.

Claim 5

Claim 5 Language Function Corresponding Structure

5. A phone-line-linked, tone-operated control apparatus comprising:

A. detecting means To couple to receive a portion of coupled to receive tone signals from decoding and control tone signals from said phone line. logic 24; integrated said phone line, circuits including DTMF decoder 20, crystal 40, inverter 47, AND gates 48 and 50 and 52, flip-flops 36 and 58, AND gates 60 and 62 for detecting at To detect at least least one one predetermined predetermined sequence of sequence of predetermined tone predetermined tone signals. signals and

for producing a To produce a corresponding corresponding sequence detection sequence detection signal; signal.

B. control means To respond to said a portion of responsive to said sequence detection decoding and control sequence detection signal. logic 24; integrated signal circuits including OR gate 64, flip-flop 66 for producing a To produce a corresponding corresponding control signal; control signal.

C. access limiting To couple with said break-in prevention circuit means detecting means. system 25; relay 90 coupled with said and integrated detecting means circuits including AND gate 55, OR gate 85, counter 70, buffer 88, exclusive OR gate 95, AND gates 100, 102, 104, 108, 112, 116, 118, 126, flip-flops 106, 110, 114, 122, OR gate 120, counter component 124, inverter 125 for preventing To prevent production of said production of said sequence detection sequence detection signal signal until an access sequence comprising a further predetermined sequence of predetermined tone signals is first received on said phone line. until an access sequence comprising

a further predetermined sequence of predetermined tone signals is first received on said phone line;

wherein said access limiting circuit means includes

C(1). gate means a portion of decoding and control logic 24; integrated circuit including AND gate 55 coupled with said To couple with said detecting means detecting means.

for normally To normally prevent preventing response response thereof to thereof to said tone said tone signals. signals, and

C(2). counter a portion of means break-in prevention system 25; integrated circuit including flip-flops 106, 110, 114, AND gates 104, 102, 100, 105, 112, and 118 coupled to said gate To couple to said means and responsive gate means and to said tone signals responsive to said tone signals. for causing said To cause said gate gate means to enable means to enable operation of said operation of said detecting means detecting means following a following a predetermined number predetermined number of tone signals of tone signals received thereby. received thereby.

Claim 10

Claim 10 Language Function Corresponding Structure 10. A phone-line-linked, tone-operated control apparatus comprising:

A. detecting means To couple to receive a portion of coupled to receive tone signals from decoding and control tone signals from said phone line. logic 24; integrated said phone line, circuits including DTMF decoder 20, crystal 40, inverters 47, AND gates 48 and 50 and 52, flip-flops 56 and 58, AND gates 60 and 62 for detecting at To detect at least least one one predetermined predetermined sequence of sequence of predetermined tone predetermined tone signals. signals and

for producing a To produce a corresponding corresponding sequence detection sequence detection signal; signal.

B. control means To respond to said a portion of responsive to said sequence detection decoding and control sequence detection signal. logic 24; integrated signal circuits including OR gate 64, flip-flop 66 for producing a To produce a corresponding corresponding control signal; control signal.

C. switching means To respond to said a portion of responsive to said control signal. instrument control signal controllers 26; relay 168 for activating a To activate a given given instrument instrument under under control; and control.

D. feedback means To couple to said feedback circuitry coupled to said switching means. 30 and a portion of switching means answering circuitry 22; relay 90 and integrated circuits including buffer 88, exclusive-OR gate 95, opto-coupler or opto-isolator 174; Schmitt trigger 176; RC filter 178, for producing a To produce a verifying signal in verifying signal in response to response to operation of said operation of said switching means for activating said switching means for instrument under 180; MM V 182 activating said control. instrument under control;

wherein said feedback means includes

D(1). gate means a portion of answering circuitry 22; relay 90 and integrated circuit including exclusive OR gate 95 coupled with To couple with answering circuit answering circuit means and means.

responsive to said To respond to said verifying signal for verifying signal for momentarily momentarily decoupling said decoupling said answering circuit answering circuit means from said means from said phone line and phone line.

thereby producing an To produce an audible signal. audible signal.

Claim 59

Claim 59 Language Function Corresponding Structure

59. A phone-line-linked, tone-operated control apparatus for remotely controlling various functions of at least one device, said apparatus comprising:

A. integrated To couple to receive a portion of circuit detecting DTMF signals from decoding and control means coupled to said phone line. logic 24; integrated receive DTMF tone circuits including signals from said DTMF decoder 20, phone line, crystal 40, inverter 47, AND gates 48 and 50 and 52, flip-flops 56 and 58, AND gates 60 and 62 for detecting at To detect at least least one one predetermined predetermined sequence of sequence of predetermined DTMF predetermined DTMF tone signals. tone signals and

for producing a To produce a corresponding corresponding sequence detection sequence detection signal; signal.

B. integrated To respond to said a portion of circuit control sequence detection decoding and control means responsive to signal. logic 24; integrated said sequence circuits including detection signal OR gate 64, flip-flop 66 for producing a To produce a corresponding corresponding control signal; control signal.

wherein said detecting means comprises

A(1). first a portion of integrated circuit decoding and control detecting means logic 24; integrated circuits including DTMF decoder 20, AND gates 48, 50, 60, flip-flop 56 for producing a To produce a first first detection detection signal in signal in response response to the to the reception of reception of a first a first predetermined predetermined sequence of sequence of predetermined DTMF predetermined DTMF tone signals. tone signals and

A(2). second a portion of integrated circuit decoding and control detecting means logic 24; integrated circuits including DTMF decoder 20, AND for producing a To produce a second gates 50, 52, 62, second detection detection signal in flip-flop 58 signal in response response to the to the reception of reception of a a second second predetermined predetermined sequence of sequence of predetermined DTMF predetermined DTMF tone signals. tone signals;

wherein said control means is

B(1). responsive to To respond to said See Section B, supra said first detection first detection signal for producing signal for producing a corresponding a corresponding first control signal first control signal and

B(2). responsive to To respond to said See Section B, supra said second second detection detection signal for signal for producing producing a a corresponding corresponding second second control control signal; signal.

wherein said control means comprises

B(3). integrated a portion of circuit dual state decoding and control means logic 24; integrated circuits including OR gate 64, flip-flop 66 for producing only To produce only one one of said first of said first control signal and control signal and said second control said second control signal at a time; signal at a time. and

where said first and said second integrated circuit detecting means further include

A(1)(a), and a portion of (A)(2)(a). decoding and control integrated circuit logic 24; integrated gating means circuits including AND gates 60, 62 coupled in circuit To couple in circuit. for disabling To disable production of said production of said first and said first and said second detection second detection signals respectively signals respectively. in response to said To respond to said second control second control signal and said signal and said first control first control signal, signal, respectively, respectively.

whereby said To not produce said apparatus cannot first detection produce said first signal and said detection signal and second detection said second signal at the same detection signal at time. the same time.

Claim 79

Claim 79 Language Function Corresponding Structure

79. A phone-line-linked, tone-operated operated control apparatus comprising:

A. integrated To couple to receive a portion of circuit detecting DTMF tone signals decoding and control means coupled to from said phone logic 24; integrated receive DTMF tone line. circuits including signals from said DTMF decoder 20, phone line, crystal 40, inverter 47, AND gates 48 and 50 and 52, flip-flops 56 and for detecting at To detect at least 58, AND gates 60 and least one one predetermined 62 predetermined sequence of sequence of predetermined DTMF predetermined DTMF tone signals. tone signals and

for producing a To produce a corresponding corresponding sequence detection sequence detection signal; signal.

B. integrated To respond to said a portion of circuit control sequence detection decoding and control means responsive to signal. logic 24; integrated said sequence circuits including detection signal OR gate 64, flip-flop 66 for producing a To produce a corresponding corresponding control signal; control signal.

C. integrated To couple with said break-in prevention circuit access detecting means. system 25; relay 90 limiting circuit and integrated means coupled with circuits including said detecting means AND gate 55, OR gate 85, counter 70, buffer 88, exclusive OR gate 95, AND gates 100, 102, 104, 108, 112, 116, 118, 126, flip-flops 106, 110, 114, 122, OR gate 120, counter component 124, inverter 125 for preventing To prevent production of said production of said sequence detection sequence detection signal signal until an access sequence comprising a further predetermined sequence of predetermined DTMF tone signals is first received on said phone line. until an access sequence comprising

a further predetermined sequence of predetermined DTMF tone signals is first received on said phone line;

wherein said access limiting circuit means includes

C(1). integrated a portion of circuit gate means decoding and control logic 24; integrated circuit including AND gate 55 coupled with said To couple with said detecting means detecting means.

for normally To normally prevent preventing response response thereof to thereof to said DTMF said DTMF tone tone signals, and signals.

C(2). integrated a portion of circuit counter break-in prevention means system 25; integrated circuit including flip-flops 106, 110, 114, AND gates 104, 102, 100, 105, 112, and 118. coupled to said gate To couple to said means and responsive gate means and to said DTMF tone respond to said DTMF signals tone signals.

for causing said To cause said gate gate means to enable means to enable operation of said operation of said detecting means detecting means following a following a predetermined number predetermined number of DTMF tone signals of DTMF tone signals received thereby. received thereby.

Claim 97

Claim 97 Language Function Corresponding Structure

97. A phone-line-linked, tone-operated control apparatus comprising:

A. integrated To couple to receive a portion of circuit detecting DTMF tone signals decoding and control means coupled to from said phone logic 24; integrated receive DTMF tone line. circuits including signals from said DTMF decoder 20, phone line, crystal 40, inverters 47, AND gates 48 and 50 and 52, flip-flops 56 and 58, AND gates 60 and 62 for detecting at To detect at least least one one predetermined predetermined sequence of sequence of predetermined DTMF predetermined DTMF tone signals. tone signals and

for producing a To produce a corresponding corresponding sequence detection sequence detection signal; signal.

B. integrated To respond to said a portion of circuit control sequence detection decoding and control means responsive to signal. logic 24; integrated said sequence circuits including detection signal OR gate 64, flip-flop 66 for producing a To produce a corresponding corresponding control signal; control signal.

C. integrated To respond to said a portion of circuit switching control signal instrument means responsive to controllers 26; said control signal relay 168

for activating a To activate a given given instrument instrument under under control; and control.

D. integrated To couple to said feedback circuitry circuit feedback switching means 30 and a portion of means coupled to answering circuitry said switching means 22; relay 90 and integrated circuits including buffer 88, exclusive-OR gate 95, opto-coupler or opto-isolator 174; Schmitt trigger 176; RC filter 178, 180; MMV 182 for producing a To produce a verifying signal in verifying signal in response to response to operation of said operation of said switching means for switching means for activating said activating said instrument under instrument under control; control.

wherein said feedback means includes

D(1). integrated a portion of circuit gate means answering circuitry 22; relay 90 and integrated circuit including exclusive OR gate 95 coupled with To couple with integrated circuit answering circuit answering circuit means. means and

responsive to said To respond to said verifying signal for verifying signal for momentarily momentarily decoupling said decoupling said answering circuit answering circuit means from said means from said phone line and phone line.

thereby producing an To produce an audible signal. audible signal.

B. Dependent Claims.

Claim 2

(1) Claims that depend on Claim 1: 2, 14, 16, 18, and 20.

Claim 2 Language Function Corresponding Structure

2. A control See Claim 1. apparatus in accordance with claim 1

wherein said detecting means comprises

A(1). tone decoding integrated circuit means including DTMF decoder 20 responsive to said To respond to said tone signals tone signals.

for producing To produce digitally digitally encoded encoded signals signals corresponding in a corresponding in a predetermined predetermined fashion to said tone fashion to said tone signals. signals; and

A(2). digital a portion of decoding means decoding and control logic 24; integrated circuits including AND gates 48, 50, 52, 60, 62; flip-flops 56, 58 responsive to To respond to predetermined ones predetermined ones of said digitally of said digitally encoded signals encoded signals occurring in a occurring in a predetermined predetermined sequence sequence.

for producing said To produce said corresponding corresponding sequence detection sequence detection signal. signal.

Claim 14

Claim 14 Language Function Corresponding Structure

14. A control See Claim 1 apparatus in accordance with claim 1 and further including

decoupling means answering circuitry 22; relay 90 and integrated circuits including a portion of DTMF decoder 20, counter 70, buffer 72, AND gate 80, OR gate 85, switch 86, buffer 88 responsive to a To respond to a remotely located remotely located transmitter going transmitter going off the telephone off the telephone line line.

for disconnecting To disconnect the the control control apparatus apparatus from the from the telephone telephone line. line.

Claim 16

Claim 16 Language Function Corresponding Structure

16. A control See Claim 1. apparatus in accordance with claim 1 and further including

means for coupling To couple said answering circuitry said sequence sequence detecting 22; relay 90 and detecting means to means to said phone integrated circuits said phone line in line in response to including a portion response to a a predetermined of DTMF decoder 20, predetermined number number of ring tones counter component of ring tones received on said 70, inverter buffers received on said phone line. 72, 74, RC filter phone line. 76, 78, switch 86, buffer 88

Claim 18

Claim 18 Language Function Corresponding Structure

18. A control See Claim 1. apparatus in accordance with claim 1, further including

C. access limiting break-in prevention means system 25;

coupled with said To couple with said relay 90 and detecting means, detecting means. integrated circuits including AND gate 55, OR gate 85, counter 70, buffer 88, exclusive OR gate 95, AND gates 100, 102, 104, 108, 112, 116, 118, 126, flip-flops 106, 110, 114, 122, OR gate 120, counter component 124, inverter 125 for preventing To prevent production of said production of said sequence detection sequence detection signal signal, until an access sequence comprising a further predetermined sequence of predetermined tone signals is first received on said phone line. until an access sequence comprising

a further predetermined sequence of predetermined tone signals is first received on said phone line;

wherein said access limiting means includes

C(1). access a portion of limiting gate means decoding and control logic 24; integrated circuit including AND gate 55 coupled with said To couple with said detecting means detecting means.

for normally To prevent response preventing response thereof to said tone thereof to said tone signals. signals, and

C(2). counter a portion of means break-in prevention system 25; integrated circuit including flip-flops 106, 110, 114, AND gates 104, 102, 100, 105, 112, and 118 coupled to said To couple to said access limiting gate access limiting gate means and responsive means and responsive to said tone signals to said tone signals.

for causing said To cause said access access limiting gate limiting gate means means to enable to enable operation operation of said of said detecting detecting means means following a following a predetermined number predetermined number of tone signals of tone signals received thereby. received thereby.

Claim 20

Claim 20 Language Function Corresponding Structure

20. A control apparatus in accordance with claim 1, further including

C. switching means To respond to said a portion of responsive to said control signal. instrument control signal controllers 26; relay 168 for controlling said device; and

D. feedback means To couple to said feedback circuitry coupled to said switching means. 30 and a portion of switching means answering circuitry 22; relay 90 and integrated circuits including buffer 88, exclusive-OR gate 95, opto-coupler or opto-isolator 174, Schmitt trigger 176, RC filter 178, 180, MMV 182 for producing a To produce a verifying signal in verifying signal in response to the response to the changing of said changing of said device from one device from one operating state to operating state to another; another.

wherein said feedback means includes

D(1). gate means a portion of answering circuitry 22; coupled to answering To couple to relay 90 and circuit means and answering circuit integrated circuit means. including exclusive OR gate 95 responsive to said To respond to said verifying signal for verifying signal for producing an audible producing an audible verification signal verification signal on said phone line. on said phone line.

(2) Claims that depend on Claim 5: 32, 33, and 35.

Claim 32

Claim 32 Language Function Corresponding Structure

32. A control See Claim 5 apparatus in accordance with claim 5, further including

decoupling means answering circuitry 22; relay 90 and integrated circuits including a portion of DTMF decoder 20, counter 70, buffer 72, AND gate 80, OR gate 85, switch 86, buffer 88 responsive to a To respond to a remotely located remotely located transmitter going transmitter going off the telephone off the telephone line line.

for disconnecting To disconnect the the control control apparatus apparatus from the from the telephone telephone line. line.

Claim 33

Claim 33 Language Function Structure Described in the Specification

33. A control See Claim 5 apparatus in accordance with claim 5, further including

means for coupling To couple said answering circuitry said sequence sequence detecting 22; relay 90 and detecting means to means to said phone integrated circuits said phone line in line in response to including a portion response to a a predetermined of DTMF decoder 20, predetermined number number of ring tones counter component of ring tones received on said 70, inverter buffers received on said phone line. 72, 74, RC filter phone line. 76, 78, switch 86, buffer 88

Claim 35

Claim 35 Language Function Corresponding Structure

35. A control apparatus in accordance with claim 5, further including

C. switching means To respond to said a portion of responsive to said control signal for instrument control signal controlling a controllers 26; device. relay 168

for controlling a device; and

D. feedback means To couple to said feedback circuitry coupled to said switching means. 30 and a portion of switching means answering circuitry 22; relay 90 and integrated circuits including buffer 88; exclusive-OR gate 95, opto-coupler or opto-isolator 174, Schmitt trigger 176, RC filter 178, 180, MMV 182 for producing a To produce a verifying signal in verifying signal in response to the response to the changing of said changing of said device from one device from one operating state to operating state to another; another.

wherein said feedback means includes

D(1). gate means a portion of answering circuitry 22; relay 90 and integrated circuit including exclusive OR gate 95 coupled to answering To couple to circuit means and answering circuit means.

responsive to said To respond to said verifying signal for verifying signal for producing an audible producing an audible verification signal verification signal on said phone line. on said phone line.

(3) Claims that depend on Claim 10: 45, 46, and 47.

Claim 45

Claim 45 Language Function Corresponding Structure

45. A control apparatus in accordance with claim 10, further including

decoupling means answering circuitry 22; relay 90 and integrated circuits including a portion of DTMF decoder 20, counter 70, buffer 72, AND gate 80, OR gate 85, switch 86, buffer 88 responsive to a To respond to a remotely located remotely located transmitter going transmitter going off the telephone off the telephone line line.

for disconnecting To disconnect the the control control apparatus apparatus from the from the telephone telephone line. line.

Claim 46

Claim 46 Language Function Structure Described in the Specification

46. A control apparatus in accordance with claim 10, further including

means for coupling To couple said answering circuitry said sequence sequence detecting 22; relay 90 and detecting means to means to said phone integrated circuits said phone line in line in response to including a portion response to a a predetermined of DTMF decoder 20, predetermined number number of ring tones counter component of ring tones received on said 70, inverter buffers received on said phone line. 72, 74, RC filter phone line. 76, 78, switch 86, buffer 88

Claim 47

Claim 47 Language Function Corresponding Structure

47. A control apparatus in accordance with claim 10, further including

C. access limiting break-in prevention means system 25; relay 90 and integrated circuits including AND gate 55, OR gate 85, counter 70, buffer 88, exclusive OR gate 95, AND gates 100, 102, 104, 108, 112, 116, 118, 126, flip-flops 106, 110, 114, 122, OR gate 120, counter component 124, inverter 125 coupled with said To couple with said detecting means, detecting means.

for preventing To prevent production of said production of said sequence detection sequence detection signal until an signal until an access sequence access sequence comprising comprising a further predetermined sequence of predetermined tone signals is first received on said phone line. a further predetermined sequence of predetermined tone signals is first received on said phone line; wherein said access limiting means includes

C(1). access a portion of limiting gate means decoding and control logic 24; integrated circuit including AND gate 55 coupled with said To couple with said detecting means detecting means.

for normally To normally prevent preventing response response thereof to thereof to said tone said tone signals. signals, and

C(2). counter a portion of means break-in prevention system 25; integrated circuit including flip-flops 106, 110, 114, AND gates 104, 102, 100, 105, 112, and 118 coupled to said To couple to said access limiting gate access limiting gate means and means.

responsive to said To respond to said tone signals tone signals.

for causing said To cause said access access limiting gate limiting gate means means to enable to enable operation operation of said of said detecting detecting means means following a following a predetermined number predetermined number of tone signals of tone signals received thereby. received thereby.

(4) Claims that depend on Claim 59: 60, 62, 63, 64, and 66.

Claim 60

Claim 60 Language Function Corresponding Structure

60. A control See Claim 59. apparatus in accordance with claim 59

wherein said detecting means comprises

A(1). integrated integrated circuit circuit tone including DTMF decoding means decoder 20

responsive to said To respond to said DTMF tone signals DTMF tone signals.

for producing To produce digitally digitally encoded encoded signals signals corresponding in a corresponding in a predetermined predetermined fashion to said DTMF fashion to said DTMF tone signals. tone signals; and

A(2). integrated a portion of circuit digital decoding and control decoding means logic 24; integrated circuits including AND gates 48, 50, 52, 60, 62, flip-flops 56, 58 responsive to To respond to predetermined ones predetermined ones of said digitally of said digitally encoded signals encoded signals occurring in a occurring in a predetermined predetermined sequence sequence.

for producing said To produce said corresponding corresponding sequence detection sequence detection signal. signal.

Claim 62

Claim 62 Language Function Corresponding Structure

62. A control See Claim 59. apparatus in accordance with claim 59 and further including

integrated circuit answering circuitry decoupling means 22; relay 90 and integrated circuits including a portion of DTMF decoder 20, counter 70, buffer 72, AND gate 80, OR gate 85, switch 86, buffer 88 responsive to a To respond to a remotely located remotely located transmitter going transmitter going off the telephone off the telephone line line.

for disconnecting To disconnect the the control control apparatus apparatus from the from the telephone telephone line. line.

Claim 63

Claim 63 Language Function Structure Described in the Specification

63. A control apparatus in accordance with claim 59, and further including

integrated circuit To couple said answering circuitry means for coupling sequence detecting 22; relay 90 and said sequence means to said phone integrated circuits detecting means to line in response to including a portion said phone line in a predetermined of DTMF decoder 20, response to a number of ring tones counter component predetermined number received on said 70, inverter buffers of ring tones phone line. 72, 74, RC filter received on said 76, 78, switch 86, phone line. buffer 88

Claim 64

Claim 64 Language Function Corresponding Structure

64. A control See Claim 59 apparatus in accordance with claim 59, further including

C. integrated break-in prevention circuit access system 25; relay 90 limiting means and integrated circuits including AND gate 55, OR gate 85, counter 70, buffer 88, exclusive OR gate 95, AND gates 100, 102, 104, 108, 112, 116, 118, 126, flip-flops 106, 110, 114, 122, OR gate 120, counter component 124, inverter 125 coupled with said To couple with said detecting means, detecting means.

for preventing To prevent production of said production of said sequence detection sequence detection signal signal until an access sequence comprising a further predetermined sequence of predetermined DTMF tone signals is first received on said phone line. until an access sequence comprising

a further predetermined sequence of predetermined DTMF tone signals is first received on said phone line;

wherein said access limiting means includes

C(1). integrated a portion of circuit access decoding and control limiting gate means logic 24; integrated circuit including AND gate 55 coupled with said To couple with said detecting means detecting means.

for normally To normally prevent preventing response response thereof to thereof to said DTMF said DTMF tone tone signals, and signals.

C(2). integrated a portion of circuit counter break-in prevention means system 25; integrated circuit including flip-flops 106, 110, 114, AND gates 104, 102, 100, 105, 112, and 118 coupled to said To couple to said access limiting gate access limiting gate means and responsive means and be to said DTMF tone responsive to said signals DTMF tone signals.

for causing said To cause said access access limiting gate limiting gate means means to enable to enable operation operation of said of said detecting detecting means means following a following a predetermined number predetermined number of DTMF tone signals of DTMF tone signals received thereby. received thereby.

Claim 66

Claim 66 Language Function Corresponding Structure

66. A control apparatus in accordance with claim 59, further including

C. integrated To respond to said a portion of circuit switching control signal. instrument means responsive to controllers 26; said control signal relay 168

for controlling said To control said device; and device.

D. integrated To couple to said feedback circuitry circuit feedback switching means. 30 and a portion of means coupled to answering circuitry said switching means 22; relay 90 and integrated circuits including buffer 88, exclusive-OR gate 95, opto-coupler or opto-isolator 174, Schmitt trigger 176, RC filter 178, 180, MMV 182 for producing a To produce a verifying signal in verifying signal in response to the response to the changing of said changing of said device from one device from one operating state to operating state to another; another.

wherein said feedback means includes

D(1). integrated a portion of circuit gate means answering circuitry 22; relay 90 and integrated circuit including exclusive OR gate 95 coupled to To couple to integrated circuit integrated circuit answering circuit answering circuit means and means.

responsive to said To respond to said verifying signal for verifying signal for producing an audible producing an audible verification signal verification signal on said phone line. on said phone line.

(5) Claims that depend on Claim 79: 84, 85, and 87.

Claim 84

Claim 84 Language Function Corresponding Structure

84. A control See Claim 79 apparatus in accordance with claim 79, further including

integrated circuit answering circuitry decoupling means 22; relay 90 and integrated circuits including a portion of DTMF decoder 20, counter 70, buffer 72, AND gate 80, OR gate 85, switch 86, buffer 88 responsive to a To respond to a remotely located remotely located transmitter going transmitter going off the telephone off the telephone line line.

for disconnecting To disconnect the the control control apparatus apparatus from the from the telephone telephone line. line.

Claim 85

Claim 85 Language Function Corresponding Structure

85. A control See Claim 79. apparatus in accordance with claim 79, further including

integrated circuit To couple said answering circuitry means for coupling sequence detecting 22; relay 90 and said sequence means to said phone integrated circuits detecting means to line in response to including a portion said phone line in a predetermined of DTMF decoder 20, response to a number of ring tones counter component predetermined number received on said 70, inverter buffers of ring tones phone line. 72, 74, RC filter received on said 76, 78, switch 86, phone line. buffer 88

Claim 87

Claim 87 Language Function Corresponding Structure

87. A control apparatus in accordance with claim 79, further including

C. integrated To respond to said a portion of circuit switching control signal. instrument means responsive to controllers 26; said control signal relay 168

for controlling a device; and

D. integrated To couple to said feedback circuitry circuit feedback switching means. 30 and a portion of means coupled to answering circuitry said switching means 22; relay 90 and integrated circuits including buffer 88, exclusive-OR gate 95, opto-coupler or opto-isolator 174, Schmitt trigger 176, RC filter 178, 180, MMV 182 for producing a To produce a verifying signal in verifying signal in response to the response to the changing of said changing of said device from one device from one operating state to operating state to another; another.

wherein said feedback means includes

D(1). integrated answering circuitry circuit gate means 22; relay 90 and integrated circuit including exclusive OR gate 95, a portion of DTMF decoder 20; counter component 70, inverter buffers 72, 74, RC filter 76, 78, RC time delay circuit 82, 84, OR gate 85, switch 86, buffer 88, resistor 92 coupled to To couple to integrated circuit integrated circuit answering circuit answering circuit means and means.

responsive to said To respond to said verifying signal for verifying signal for producing an audible producing an audible verification signal verification signal on said on said phone line. phone line.

(6) Claims that depend on Claim 97: 99, 100, and 101.

Claim 99

Claim 99 Language Function Corresponding Structure

99. A control apparatus in accordance with claim 97, further including

integrated circuit answering circuitry decoupling means 22; relay 90 and integrated circuits including a portion of DTMF decoder 20, counter 70, buffer 72, AND gate 80, OR gate 85, switch 86, buffer 88 responsive to a To respond to a remotely located remotely located transmitter going transmitter going off the telephone off the telephone line line.

for disconnecting To disconnect the the control control apparatus apparatus from the from the telephone telephone line. line.

Claim 100

Claim 100 Language Function Corresponding Structure

100. A control apparatus in accordance with claim 97, further including

integrated circuit To couple said answering circuitry means for coupling sequence detecting 22; relay 90 and said sequence means to said phone integrated circuits detecting means to line in response to including a portion said phone line in a predetermined of DTMF decoder 20, response to a number of ring DTMF counter component predetermined number tones received on 70, inverter buffers of ring DTMF tones said phone line. 72, 74, RC filter received on said 76, 78, switch 86, phone line. buffer 88

Claim 101

Claim 101 Language Function Corresponding Structure

101. A control apparatus in accordance with claim 97, further including

C. integrated break-in prevention circuit access system 25; relay 90 limiting means and integrated circuits including AND gate 55, OR gate 85, counter 70, buffer 88, exclusive OR gate 95, AND gates 100, 102, 104, 108, 112, 116, 118, 126, flip-flops 106, 110, 114, 122, OR gate 120, counter component 124, inverter 125 coupled with said To couple with said detecting means, detecting means.

for preventing To prevent production of said production of said sequence detection sequence detection signal until an signal until an access sequence access sequence comprising comprising a further predetermined sequence of predetermined DTMF tone signals is first received on said phone line. a further predetermined sequence of predetermined DTMF tone signals is first received on said phone line;

wherein said access limiting means includes

C(1). integrated a portion of circuit access decoding and control limiting gate means logic 24; integrated circuit including AND gate 55 coupled with said To couple with said detecting detecting means means.

for normally To normally prevent preventing response response thereof to thereof to said DTMF said DTMF tone tone signals, and signals.

C(2). integrated a portion of circuit counter break-in prevention means system 25; integrated circuit including flip-flops 106, 110, 114, AND gates 104, 102, 100, 105, 112, and 118 coupled to said To couple to said access limiting gate access limiting gate means and means.

responsive to said To respond to said DTMF tone signals DTMF tone signals.

for causing said To cause said access access limiting gate limiting gate means means to enable to enable operation operation of said of said detecting detecting means means following a following a predetermined number predetermined number of DTMF tone signals of DTMF tone signals received thereby. received thereby.