EXHIBIT A

Case 6:20-cv-00486-ADA Document 32-2 Filed 10/05/20 Page 1 of 18
•' 

·Ma~-18-06 02:0lpm Fram-Tropic Network 6132709663 T-237 P.001 F-425 

Attorney Docket No. TR-060-US 

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 

RECEIVED 

CENTRAL FAX CENTER 

:IN RE PATENT APl?UCATJ:ON OF: SAINT-HILAIRE, et al MAY 1 8 2006 

SERJ:AL NO: 10/028,286 ART UNIT: 2667 

FILING DATE: 28 Dae 2001 

29382 

EXAMINER: HAMANN, JORDAN 

Customer No: 

Conf~:;r;mation No: 2966 

SUBJECT: MONITOR, SYSTEM ANO METHOD FOR MONITORING 

PERFORMANCE OF A SCHEDULER 

Co.MM'.ISSIONER FOR PATEN"rS 

WASHINGTON, D.C., 20231, U.S.A. 

Sir: 

AMENOMEN'TS TO CLAIMS 

May 18, 2006 

AMENDMENTS TO CLAJ:MS, as requested by the examiner over 

the phone on May 17, 2006, are reflected in the listing of 

claims, which begins on page 2 of this paper. 

REMARKS/ ARGUMENTS begin on page 15 of this paper. 

I 

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Attorney Docket No. TR-060-US 

RECEIVED 

AMENDMENTS TO THE CLAIMS CENT_RAL FAX CENTER 

MAY 1 8 2006 

1. (Currently amended) A monitor for monitoring the 

operation of a scheduler for controlling the departure of data 

cells, comprising detec~ion means for detecting a state of an 

element of said scheduler, comparing means for comparing the 

detected state with a predetermined state for said element and 

for outputting the result of the comparison; 

wherein said scheduler comprises a computer 

generated model, and said monitor includes means for 

requesting said scheduler model to pass the status of said 

element to said monitor~; and 

wherein said scheduler controls the departure of 

data from a plurality of queues, and said element comprises: 

an e1ement for recording whether a gueue is empty or 

occupied, an elemen~ for recording the number of data cells 

contained in a queue, an element identifying a queue from 

which data is to be output, and an element identifying a grou~ 

of queue5 from which data is to be output. 

2. (Canceled} 

3. (Currently amended) A monitor as claimed in claim 

~l, wherein said element for identifying a queue from which 

data is to be output comprises one of a current pointer for 

identifying a queue from which data is to be output, and a 

next pointer for identifying a queue from which data is to be 

output after data is output from the queue identified by said 

current pointer. 

4. (Original) A monitor as claimed in claim l, further 

comprising monitoring means for monitoring a parameter 

2 

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Attorney Docket No. TR-060-US 

relating to the operation of $aid scheduler, and determining 

means for determining an expected state for said element based 

on said monito~ed parameter. 

5. (Canceled) 

6. (Currently amended) A monitor as claimed in claim 

~!, wherein said element for identifying a queue from which a 

cell is to be output, comprises one of: 

a current pointer for identifying a queue from which 

a cell is to be output, and a next pointer identifying a queue 

from which a cell is to be output after a cell is output from 

the queue identified by said current pointer. 

7. (Currently amended} A monitor as claimed in claim 

~l, wherein said parameter comprises one of: 

information contained in a cell supplied for storage 

in a queue identifying the queue in which the cell is to be 

stored, and information contained in a cell output by said 

scheduler identifying a queue for storing the cell. 

8. (Original) A monitor a$ claimed in claim 4, wherein 

said parameLer comprises a staLe of a second elemene of said 

scheduler. 

9. (Original) A monitor as claimed in claim 8, wherein 

said element comprise5 an element for identifying a queue from 

which a cell is to be output, and said pararn0tar comprises one 

of: 

the state of an element recording whether is queue 

is empty or occupied, the state of an element recording the 

number of cells contained in a queue, and an element 

indicating a group of queues from which a cell is to be 

output. 

F-425 

I . 

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10. (Original) A moni~or as claimed in claim 8, wherein 

said elernent comprises an element for recording whether a 

quaue is empty or occupied, and said parameter comprises the 

status of an element recording the number of cells contained 

in a queue. 

11. (Original) A monitor as claimed in claim 8, wherein 

said element comprises an element for recording whether a 

queue is empty or occupied, and said parameter comprises the 

status of a second element for recording whether the same 

queue is empty ox occupied. 

12 - (Original) A monitor as claimed in claim 11, wherein 

said first element comprises a register for recording whether 

$aid is empty or occupied, and said second element comprises a 

counter for recording the number of data eel1s ~tored in said 

queue. 

13. (Original) A monitor as claimed in claim 8, wherein 

said element comprises one of: 

an element for recording whether a queue i5 empty or 

occupied, and an element for recording the number of cells 

contained in a queue, and $aid parameter comprises the $tatus 

of an element identifying a group of queues from which a cell 

is to be output. 

14. (Canceled) 

15. {Currently amended) A monitor as claimed in claim 1, 

whe~ein said detection means is ada~£ea te detecting the 

status of said element before an operation causing a cell to 

be output, and said monitor further comprises prediction means 

for determining an expected status for said element after an 

operation causing a data cell to be output and wherein said 

detection means is further aaa~ted te detecting the status of 

~aio e~ement a~cer saia operation causing a aata ceii to oe 

4 

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output, and wherein said comparison means is ada~ted ta 

compareing the status of said element with the expected status 

of said element after said operation. 

16. {Currently amended) A monitor as claimed in claim 1, 

wherein said detection means is adapted te detecting the state 

of a second element prior to a next cell being output by said 

scheduler, and wherein said monitor further comprises 

prediction means for determining an expected state of said 

first element after the next cell readout by said scheduler 

and wherein said detection means is adapted te detecting the 

state of said first element after the next cell is output, and 

said comparison means i$ eclapted te compareing the detected 

state with said expected state and output the result of the 

comparison. 

17. {Original) A monitor as claimed in claim 16, wherein 

said second element comprises a current pointer which 

identifies a queue from which a data cell is to be readout and 

said first element comprises any one of: 

an element recording whether a queue is empty or 

occupied, an element recording the number of cells in a queue, 

a next pointe~ identifying the next queue from which a data 

cell is to be output after the next cell output, and an 

element ideneifying a group of queues from which a cell is to 

be output. 

18. (Original) A monitor as claimed in claim 16, wherein 

said second element comprises a next pointer identifying a 

queue from which a cell is to be output by said scheduler 

after the next cell output and said first element comprises 

any one of: 

a current pointer identifying a queue from which the 

next cell is to be readout, an element recording whether a 

5 

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queue is empty or occu?ied, an element recording the number of 

cells contained in a queue and an element identifying a group 

of queues from which a cell is to be ~eadout. 

19. (Previously presented) A monitor for monitoring the 

operation of a scheduler for controlling the departure of data 

cells, comprising detection means for detecting a state of an 

element of said scheduler and a parameter relati.ng to the 

operation of said scheduler, determining means for determining 

an expected value of said parameter based on the detected 

state of said element, and comparison means for comparing the 

detected parameter with said expected parameter and for 

outputting the result of ~he comparison; 

wherein said $Cheduler comprises a computer 

generated model, and said monitor includes means for 

requesting sa·id scheduler model to pass the status of said 

element to said monitor. 

20. (Original) A monitor as claimed in claim 19, wherein 

said parameter comprises one of: 

information contained in a cell supplied for storage 

in a queue identifying the queue in which the cell is to be 

:stored, and information contained in a cell output by said 

scheduler identifying a queue for 5toring the cell 

21. (Original) A monitor as claimed in claim 20, wherein 

said element comprises any one of: 

an element for recording whether a queue is empty of 

occupied, an element for recording the number of data cells 

contained in a queue, an element identifying a queue, an 

element identifying a queue from which a data cell is to be 

outpu~, and an element identifying a group of queues from 

which a data cell is to be output. 

6 

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22. (Withdrawn) A computer generated model of a 

scheduler for controlling the departure of data cells, the 

scheduler having a plurality of simulated circuit elements and 

an instruction associated with at least one circuit element 

for causing the status of the element to be transferred 

externally of the simulated scheduler for detection. 

23. (Withdrawn) A computer generated model as claimed 

~n claim 22, wherein said element comprises any one of: 

an element for recording whethe~ a queue is empty or 

occupied, an element for recording the number of data cells 

contained in a queue, an element identifying a queue from 

which data is to be output, and an element identifying a group 

of queues from which data is to be output. 

24. (Currently amended) A monitor as claimed in claim 1, 

wherein said scheduler comprises a buffer having a plurali~y 

of queues for storing data cells, and a next pointer for 

idencifying a queue from which a next cell is to be output, 

and wherein said first element comprises a current pointer 

which identifies a queue from which a data cell is.to be read 

out, and said monitor is aFFaa§ea to detecting the position of 

said current pointer after a data cell has been read from the 

queue identified by said current pointer and to compa~e said 

position with the position of said next pointer. 

25. (Currently amended) A monitor as claimed in claim 1, 

wherein said scheduler compri$eS £i~st and second elements and 

said monitor is adapted to monitoring the sta~e of at least 

one of said first and second elements at a plurality of 

d~fferent times and 'e'e--compareinq the sta~e of the element at 

said d.irreren~ times with an expected state at each of said 

plurality of different times. 

7 

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26. (Previously presented) A monitor for monitoring a 

scheduler for controlling the departure of data cells from a 

plurality of queues, comprising means for detecting the state 

of an element of said scheduler at a plurality of different 

times and comparing the detected states with expected states 

for that element and for outputting the result of said 

comparison; 

wherein said scheduler comprises a computer 

generated model, and said monitor includes means for 

requesting said scheduler model to pass the status of said 

element to said monitor. 

27. (Currently amended) A monitor as claimed in claim 

26, wherein said scheduler is aeaptee te selecting queues for 

cell departure from a plurality of differenc groups of queues, 

and said element comprises a seleccor for selecting a group of 

queues from said plurality of groups and whose status 

indicates the selected group. 

28. (Currently amended) A monitor as claimed in claim 

27, wherein said detector is axraagea Ee detecting the status 

of said selector over a predetermined period o.f time and said 

comparison means is ~daptea to compareing the num.be~ of times 

5aid selector selects a group of queues ove~ said 

predetermined period with an expected value. 

29. (Currently amended} A system for monitoring 

operation of a scheduler for controlling the departure of data 

cells from a plurality of queues, comprising a generator for 

generating test cells and means for placing said test cells in 

said queues, each tes~ cell containing the identity of the 

queue in whieh the cell is placed, and a monitor having means 

for detecting the state of at least one element of said 

scheduler whose state depends on which queue ia selected by 

8 

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detecting froIB each test cell input to and/or output by said 

scheduler, the identity of the queue in which contained in 

said test cell, and comparison means ada~tea te for at least 

one of: 

compareing the detected element status with an 

expected status for said element based on the detected queue 

identity and co.mpareing the detected queue identity, with an 

expected queue identity based on the detected status of said 

element. 

30. (Original) A system as claimed in claim 29, wherein 

said element comprises one of a pointer identifying the gueue 

from which a data cell is to be output and an element for 

recording whether a queue is empty or occupied. 

31. (Currently amended) A method of monitoring operation 

of a scheduler, comprising supplying said scheduler with data, 

monitoring the state of an element of said scheduler, 

comparing the monitored state with an expected state for said 

element, and outputting the result. of the comparison; 

wherein said scheduler comprises a computer 

generated model~; and 

wherein said scheduler is controlling the departure 

of data from a plurality of queues, and said element 

eomprises: 

an element for recording whether a queue is empty or 

occupied, an element for recording the quantity of data 

contained in a queue, an element identifyi~~ a aueue from 

which data is to be output, and an element identifying a group 

of queues from which data is ~o be output. 

32. (Canceled) 

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33. (Original) A method as claimed in claim 32, wherein 

said element for identifying a queue from which data is to be 

output comprises one of a current pointer for identifying a 

queue from which data is to be output, and a next pointer 

identifying a queue from which data is to be output after a 

data cell is output from the queue identified by said current 

pointer. 

34. (Original) A method as claimed in claim 31, further 

comprising monitoring a parameter relating to the op®ration of 

said scheduler, and determining an expected state for said 

element:. based on said monitored parameter. 

35. (Original) A method as claimed in claim 31, further 

comprising monitoring a parameter relating to the operation of 

said scheduler, determining an expected value for said 

parameter based on the state of said element, comparing the 

monitored value of said parameter with the expeeted value of 

said parameter and outputting the result of the comparison. 

36. (Currently amended) A method as claimed in claim 34, 

wherein said scheduler is ada~~ea ee controlling the departure 

of data cells from a plurality of queues, and said element 

comprises any one of: 

an element for recording whether a queue is empty or 

occupied, an element for recording the number of cells 

contained in a queue, an element identifying a queue from 

which a data cell is ~o be output, and an element identifying 

a group of queues from which a cell is to be output. 

37 (Original) A method as claimed in claim 36, wherein 

said element for identifying a queue from which a cell is to 

be output comprises one of a current pointer for identifying a 

queue from which a cell is to be output, and a next pointer 

identifying a queue from which a cell is to be output after a 

10 

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cell is output from the queue iden~ified by said current 

pointer. 

38. (Original) A method as claimed in claim 36, wherein 

said parameter comprises one of: 

information contained in a cell supplied for storage 

in a queue identifying the queue in which the cell is to be 

stored, and information contained in a cell output from said 

scheduler identifying a queue for storing the cell. 

39. (Original) A method as claimed in claim 34, wherein 

said element comprises an element for identifying a queue from 

which a cell is to be output, and said parameter comprises one 

of: 

the status of an element recording whether a queue 

is empty or occupied, the state of an element recording the 

number of cells contained in a queue, and an element 

indicating a group of queues from which a cell is to be 

output. 

40. (Original) A method as claimed in claim 34, wherein 

said element comprises an element for recording whether a 

queue is empty or occupied and said parameter comprises the 

state of an element recording the number of cells contained in 

a queue. 

41. (Original) A method as claimed in claim 34, wherein 

said element comprises one of: 

an element for recording whether a queue is empty or 

occupied, and an element for recording the number of cells 

con~ained in a queue, and said parameter comprises the state 

of an element identifying a group of queues from which a cell 

is to be output. 

11 

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42. (Canceled) 

43. (Previously presented) A method as claimed in claim 

31, wherein the step of monitoring the state of an element 

comprises calling an instruction associated with said 

scheduler model to pass the state of said element to said 

monitoz:_ 

44 (Previously presented) A method as claimed in claim 

31, wherein said computer generated model comprises a file 

containing a functional description of said elemene. 

45. (Previously presented) A method as claimed in claim 

31, wherein said computer generated model is described in a 

programming language from which the scheduler can be 

synthesized. 

46. (Original) A method as claimed in claim 45, wherein 

said scheduler model is generated using a hardware description 

programming language. 

47. (Original) A method as claimed in claim 46, wherein 

said programming language comprises one of Verilog and VDHL. 

48. (Original) A method as claimed in claim 34, further 

comp~ising mon~toring the state of one or more elements of 

said scheduler and comparing the state of the or each further 

element with an expected state for the or each further 

element. 

49_ (Original} A method as claimed in claim 48, further 

comprising determining an expected state for the or each 

further elemenc based on a~ least one of che monitored and the 

expected state of said first element. 

12 

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so. (Original) A method as claimed in claim 49, wherein 

said one or more further elements is/are selected from the 

group consisting of: 

an element for reco~ding whether a queue is empty or 

occupied, an element for recording the number of cells 

contained in a queue, an element identifying a queue from 

which a cell is to be output, and an element identitying a 

group of queue$ from which a cell is to be output. 

51. (Original) A method as elaimed in claim 34, further 

comprising monitoring one or more further parameters relating 

to the operation of said scheduler and comparing the monitored 

value of the or each further parameter with an e~pected value 

for the or each parameter. 

52. (Original) A method as claimed in claim 51, further 

comprising determining the expected value of the or each 

further parameter based on at least one of the monitored value 

and the expected value of ths first parameter. 

53. (Original) A method as claimed in claim 31, further 

comprising determining the expected state for said element 

based on at least one previous state of said element or on at 

least one previous state of another element or paramete~ 

relating to the operation of said scheduler. 

54. (Original) A method as claimed in claim 31, further 

comprising monitoring the state of said element at a plurality 

of successive times and comparing the sequence of monitored 

states with a sequence of expected states for said element. 

55. (Original) A method as claimed in claim 34, 

comprising monitoring said parameter at a plurality of 

successive times and comparing the sequence of monitored 

states of said parameter with a sequence of expected states 

~or sa1a parameter_ 

l3 

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56. (Original) A method as claimed in claim 55, wherein 

each parameter comprises information contained in a daea cell 

output by said scheduler identifying a queue for storing said 

cell. 

57. {Withdrawn) A method of monitoring operation of a 

scheduler for controlling the departure of data cells, 

comprising supplyi~g said scheduler _with data cells, 

monitoring the status of an element of said scheduler, 

monitoring the value of a parameter relating to the operation 

of said scheduler, determining an expected value for said 

parameter based on the detected state of said element, and 

comparing the detected value of said parameter with said 

eKp$cted value, and outputting the re$ult of the comparison; 

wherein said scheduler comprises a computer 

generated model. 

58. (Withdrawn) A method of fabricating a scheduler for 

controlling the departure of data, cornprieing creating a 

computer model of a scheduler, generating test cells for 

testing the performance of said schedul~r, monitoring the 

operation of said computer model including monitoring a state 

of at least one element of said model, determining whether 

said model is operating as required based on the monitor~d 

state of said at least one element, modifying said model if 

said model is not operating as required, and synthesizing said 

scheduler in hardware based on the tested computer generated 

model. 

59. (Withdrawn) A scheduler fabricated according to the 

method of claim 58. 

14 

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Attorney Docket No. TR-O~EIVED 

CENT_RAL FAX CENTER 

REMARKS / ARGUMENTS MAY 1 ~ 2006 

As requested by the Examiner over the phone on May 17, 2006: 

Claims 1,3,6,7,15,16,24,25,27,28,29,31,36 have been 

amended. 

Claims 2,5,14,32,42 have been canceled. 

Claims 22,23,57,58 and 59 have been withdrawn. 

An early allowance of this application is cour~eou$ly 

requested. 

If required, the Commissioner is authorized to deduct any 

additional fees from, or to credit any additional fees to, our 

company's Deposit Account No. 501832. 

SAINT-HILAIRE et al 

By:~ 

Victo.riaonnelly 

Patent Agent 

Reg. No. 44,185 

c/o TROPIC NETWORKS INC. 

In~ellectual Property Department 

135 Michael Cowpland Drive 

Kanata, Ontario, Canada 

K2M 2E9 

Telephone: 

Fax: 

e-mail: 

{613) 270-6026 

(613} 270-9663 

Victoria.Oonnelly@tropicnetworks.com 

ts 

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' .. 

.J 

PATENT APPLICATION FEE DETERMINATION RECORD 

Appllc:ation or Oodcet Number " 

71/ctLI <'. .. ? J lln Effective October 1, 2001 

CLAIMS AS FILED• PART I 

ft".nlumn 1\ '"""•mn ,, TOTAL CLAIMS • 

FOR NUMBER FUS>. NUMBeR liXTAA 

l'OTALCHARGEABLE Cl.AIMS .'S°df mlnus20a • ':f <f 

INDEPENDENT a.AIMS (;f minus 3 • ·-...,, 

MULTIPLE DEPENDENT CLAIM PRESENT D 

• H the diffet'erlc.e in co1uron 1 Is less Ulan zero, enter V in cotumn 2 

~ I · 1. i CLAIMS AS AMENDED • PART II ;,.),. 'JJ1/ /JV tColumn ,, IColumn ~ tColumn !'l1 

c( / A!~ NUMBER PRESENT !i AFTER PAEVIOUSl."1' EXfM 

l&I ,.__ ___ _,;NA-1E.N;;;.;;;OMENT__,;~---1---PAID__,;.;FO::.:,A;;......,._ __ -II 

:& Cl Total • Mim8 .,. i1i 1-,.;__--1-----+----1-----.... --...,, :I lndependenl • Minus . - = 

FIRST PRESENTATION OF MULTIPLE DEPENDENT Cl.AIM · r l 

•--i-{i{-l_t{-k~..:..~--~ lil::!,lmnrn-,----,F~,,....111umn•'ii'ij'rCol..,;um~n ~'i, .... _ I . 11M 

- REMAINING NUMBER t: AFTER PAiVIOUSI.Y PRESENT 

EXTRA 

w i----~AM:::ENDMENT:;,;:::;=,:~---t--PAl~D~FOR;-.-+----1 I TOia! • 5 'i Minus .. f; • .,r.--:-' z ..,_ ___ ..,_....,~_....., __ -+_-"-1 __ .... __ .... S Independent • ~ Mlnua - 1⁄2 = ?' 

FIRST PRESENTATION OF MULTIPLE DEPENDENT Cl.AIM I l 

IColumn 1\ (Column21 Column31 

a.AIMS n1.,nc;,> 

u REMAINING NUM&ER PRESENT !e • AFTER PREVIOUSLY EXTRA 

u, AMENDMENT PAIOFOR 

a: 

0 Total • Minus .. .. z 

u, Independent • Mimn - ... :I 

C FIRST PRESENTATION OF MULTIPLE DEPENOENT Cl.AIM n 

SMALL ENmV 

TYPE c:::::J 

- - OTHERTHAN 

,,....._ __ """'!"==-'I OR SMALL ENTITY 

RATE FEE RATE FEE 

i8A.IICFEI 370.00 OR~SIClr:£111 740.00 

XS9a 2-<I OR XS18= 

11-----11-----11 

X.t2a I it'l I;? OR X84a 

a-----111------11 

+140== OR +280-

r......--i;-=--•11 

TOTAL lcf~ I OR TOTAL . .. OTHER .. _.THA-- .... =;.-=-ii ... 

SUAU. ENTITY OR SMALL ENTITY 

ADDI· 

RATE TIONAL 

FEE 

X$8• 11----------- ....., X42• 

__ ..__ ...... 

+140==. 

ADDI· 

RATE TIONAL 

r:r:r: 

OR XS18= 

0 R )(8411 

OR +280a 

-. .. 1"'5;1,111111.W-===(! ,..,IN 

AD01T. ,ee.._ __ oR NlDft FEE .... --'il 

AODf.. 

RATE TIONAL 

FEE 

X$9= 

------

11----+----11 

+140a 

ADDI• 

RATE TIONAL 

r::,::,:: 

OR XS18• 

OR X84• 

OR +280o 

._.,,•u11""°N.ti-----l OR '"""" 

ADDIT. FE&.__...,. ADOIT. FE:•a..--.i,i 

ADDI• ADDIRATE TIONAL RATE TIONAL 

FEE r:r:i: 

)C$9a OR X$18• 

X42= OR X84a 

+140o OR +280-

• d die entry In c:dllmft 111 las thin Ole lft1ly In CCllllffln 2, write "'O" In C01Uml'I 3. lU JAi. '--c,=utJ~M.w=---a .. II Ille "Hilh&Sl N11mb11r Pr9':folasly Paid Few" IN THIS SPACE II._ C1'111120..,. "20." ADOfT. F£E .._.,.....-OR AOOff. FeE11am--.a 

-II Iha "His,.st fu'nbel" Pf4MOU111r Paid Few" INlHIS 8PACE II Ills thin :S. enl8I' •3.: • Tile "Hlglalsa Hwnller ~ Paid Fol' (l'mlor lnclepende:nQ II Ille hlpesl 11111,lber fCllnl In tie .,...iate boll In c:dl.r.mn 1. 

FORMPTIMn CRIMllln 

i 

I i . 

Case 6:20-cv-00486-ADA Document 32-2 Filed 10/05/20 Page 18 of 18