Imprecisions about plurals and conjunctions found in the claim language should be resolved by context. Here, for example, a hub / remote device communication cycle having “intervals during which the hub and the remotes transmit and receive frames” was found to describe only general permissions rather than require transmitting / receiving in each cycle because this is the kind of phrase that is often used in ordinary speech to set a general framework and the surrounding context made that interpretation clear. “Context must determine [what] is a sound interpretation.” This would be a good case to consult and cite in response to an overly literal interpretation of a phrase used commonly to convey another meaning.
Background / Facts: The patent being asserted here is directed to a protocol for controlling wireless network communications between a hub and remote devices. To conserve battery power, the protocol defines “communication cycles” that each have respective “intervals during which the hub and the remotes transmit and receive frames.”
Issue(s): Whether the hub and the remotes must actually transmit and receive frames during each communication cycle, rather than simply being permitted to do so when they have data to send.
Holding(s): No. “The claim language at issue … is the kind of phrase that is often used in ordinary speech to set a general framework and not to communicate precise relations among its components. … A statement that ‘each school day has classes during which the teacher and students ask and answer questions’ could easily be understood to describe what the classes are set up to permit, even what generally goes on, rather than that some student must ask a question in each class. … So, too, here: the claim language does not ‘necessitate[]’ that at least one remote must transmit in each cycle. [] Context must determine [what] is a sound interpretation.”