opinion was more like alice in wonderland that it was like alice supply in the red brief that twenty five samsung says smartened has waived any reliance on its reported thirty two machine elements by not presenting them to the district court smartened never presented to the district court table one carrying on pages eight through seventeen of its opening and never broke a claim in the machine elements and it never used machine machine elements in the brief that we filed we referenced the portions of the claims that related specifically to them in the order you used the word machine elements but what i'm sorry hundreds in a reply brief i don't remember exactly what page section one hundred one the differences in consequential long as it's the same section you can say anything you want even though you didn't tell the public well i'm not sure your honor that you can say anything that you want but certainly in the context of this case we can we argued all sorts of aspects with respect to abstract ideas oh and we used some of the exactly the same knowledge and the fact that we are restricted in the number of pages that we can use and here we have a more reasonable for the court below this ten pages of supposed machine element and that you one day you said it one point at eight seven seven in passing the numerous machine element of the advantageous combinations how do you get to that list that you've given us all because when we when we said the machine elements there that was in the context of discussing all of the things that were in the claims that relate to you know abstract idea and we had discussed all of the features of the claims that are the same as they are in the table one that we have now prior to that case of the fact that we didn't use the term modified to include a pedometer close quote indicates the pedometers were not conventional putting aside smarten acknowledged in oral argument on the motion to motion to dismiss that quote there is nothing new about pedometer smartens reliance on the senses taken out of context and ignores the rest of the specification for instance the next sentence discloses that the invention can be in implemented using quote the smartphone or a laptop or any other computer device as it were concerned with the invention the only reason that was cited tape cited was because it's an example of the fact that a pedometer is a known product actually in our pedometer i phone together is and i know in fact i don't i don't believe that is your honor and i think this is the situation here is again it's exactly that was confronted with ins and sales where you have two things that are normally improved measurement for example before if you had just the g p s receiver which wasn't home per se and smartphones you would not be able to track someone walking up the stairs someone running in place perhaps not even a tre whereas with in our situation you do have that exactly so that you can count the steps and that's in fact what i do every day when i when i use a smartphone the sentence smartphone so at forty three  sampson says they've paid forty and forty nine of your blueberry for the first time in this case than any argument regarding pace feedback and its impact on pet know what your body as it has appeared where the record was that user friendly non cumbersome manner which is what this was in the prior art and jurd food and exercise data so that you can get immediate feedback to tell you how you're doing with respect to something that was no having to entered something in multiple times in other words if you have jury of the blue worse for breakfast every morning and you want to keep track of that instead of having to enter that every time you just put it in once and then when you enter the system and you go what we do is in the spurious especially for small screen we allow them to access the information much more quickly and it limits how many screens you have to go through for example and core wireless you had to go through divorce screens if you put specialized claim directed to improve user interface that allowed you to peek into unlaunched application behind the button you look so that for example if you had a window that said email and you you could  nap now or in favorite food land very quickly and don't have to fight through multiple windows in order to get to the favorite food but the problem we have here is in the claims there's nothing specific or special this that i mentioned about those simply those symbols other than that they are they have information on them and if i have a calendar oh an old fashioned paper calendar and i write in the corner upper corner two thousand and thirteen patent that has the i phone four s and five as conventional technology those devices had very sophisticated icons allowing you to shortcut your way all over the place through an i phone  directed to as the district court correctly found is the collection of a whole bunch of data from a whole bunch of sensors including open ometer and if you p s and doing a bunch of things with that data persuasively yes this court confronted and  so even if there was something perhaps new about it the specification lists no technical challenge to it no technical superiority to it it's just a unremarkable alternative to approaching th the are we supposed to just say everything in this claim is conventional food monitoring subsystem is conventional and exercise monitoring subsystems conventional every single noun in here is conventional and so therefore there is no inventive concept so what i would say is if we follow the approach that this court laid out and what tripped our group each one of those is nothing more than the connect collection analysis and display of concepts doesn't change things but even under fair warning it's very clear the spec admits that people have been doing these very kinds of activities for a long time various formats computerized and otherwise what this is what i think what this invention is fairly directed to as it says in the abstract and elsewhere is simply porting those over into a conventional technology environment so the answer bush is that the addition of all of these