Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 1 of 2268 Page ID
`#:11288
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`EXHIBIT C
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`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 2 of 2268 Page ID
`#:11289
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exhibit A-4
`
`Bank of America Corporation (“BofA” or “Defendant”) provides this chart subject to all reservations, objections, statements, and
`disclaimers set forth herein and in BofA’s Final Invalidity Contentions Cover Pleading, as well as any amendment, supplement, or
`modification thereof, which are incorporated herein by reference in their entirety.
`
`On information and belief, Mault was filed on September 7, 2001, claiming the priority date of September 7, 2000. Mault published at
`least as of April 25, 2002, and is available as prior art at least under 35 U.S.C. § 102(e).
`
`As shown in the chart below, Mault anticipates asserted claims 1, 6, and 18 of the ’004 Patent. To the extent Mault is found not to
`expressly disclose certain limitations in the asserted claims, such limitations are inherent. To the extent Mault is found not to
`anticipate any asserted claims or claim elements of the ’004 Patent, the reference nevertheless renders those claims or claim elements
`obvious under 35 U.S.C. § 103, either alone or in combination with other art identified herein or in the cover pleading of BofA’s Final
`Invalidity Contentions, for the reasons identified in the cover pleading. These Final Invalidity Contentions are not an admission by
`BofA that the accused products, including any current or past versions of the accused products, are covered by, or infringe the asserted
`claims, but are based instead on the recognition that if the claims are interpreted to be broad enough to encompass the accused
`products, the claims must also be construed to have that same scope when considering whether they are invalid.
`
`The following chart is based on the Court’s claim construction rulings (Dkt. Nos. 145, 153, 236), and to the extent not contradictory,
`Plaintiffs’ apparent interpretations of the claims in Plaintiff’s “Preliminary” Final Infringement Contentions. BofA notes that in many
`instances, Plaintiff’s “Preliminary” Final Infringement Contentions ignore and/or contradict the Court’s claim construction rulings.
`BofA does not accept the assumptions concerning the scope and meaning implicit in Plaintiff’s “Preliminary” Final Infringement
`Contentions, to the extent those assumptions are discernible, and reserves the right to challenge Plaintiff’s proposed (or implied)
`constructions. Furthermore, Plaintiffs’ “Preliminary” Final Contentions fail to comply with the level of specificity required by SPR
`2.1.2 and 2.1.3, and include improper reservation of rights to supplement with “additional ways in which BoA Accused Products
`infringe.” Any alleged deficient discovery is of Plaintiffs own making. Most if not all of the deficiencies in Plaintiffs’ “Preliminary”
`Final Contentions have been documented by Defendants through multiple letters since at least May 18, 2021 and up to Bank of America’s
`most recent letter of August 19, 2023. Plaintiffs’ shifting infringement contentions, deficiencies in its infringement contentions, and
`changing claim scope have prejudiced BofA from being able to reasonably prepare its defenses, including its invalidity contentions.
`BofA also reserves the right to revise and supplement these charts if and when Plaintiff is permitted to provide revised or supplemental
`Infringement Contentions. Citations given in the chart below are merely representative of the respective elements to provide notice to
`Plaintiffs’ of BofA’s invalidity theories and are not meant to be exhaustive.
`
`
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`
`1
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 3 of 2268 Page ID
`#:11290
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`
`1. Claim 1
`
`’004 Claim Recitation
`
`Exemplary Citations in Reference
`
`
`
`Mault discloses a method for processing a video stream.
`
`Mault at [0057]
`• “Embodiments of the invention can also be implemented using recorded
`video images. The person can view recorded videos at a convenient later time,
`so as to assist the person create a diet log.”
`
`Mault at [0089]
`• “Referring to FIG. 16: IR lens 402 is used as part of an IR data
`communications system enabling watch 400 to communicate with other
`devices; camera lens 404 forms part of an image sensor; shutter button 406 is
`pressed to capture an image or video using the image sensor; mode
`button 408 changes the operating mode of the device (modes may include
`some or all of the following: image recording, image display, video recording,
`video display, television, wireless, timepiece, calculator, personal organizer,
`wireless phone, video phone, Internet access device, diet log, activity sensor,
`physiological sensor (e.g. blood glucose), and any other useful function); and
`set button 410,
`reverse button 412,
`change button 414,
`forward
`button 416 are used in e.g. data entry and image review processes.”
`
`Mault discloses analyzing, via a mobile device, a scene represented by the video
`stream for at least on object
`
`Mault at [0006]
`• “A method of creating a record of foods consumed, or diet log, comprises
`recording images corresponding to the foods consumed. An image
`
`2
`
`Claim
`Element
`[1Pre]
`
`A method for processing a video
`stream, comprising:
`
`
`[1A]
`
`analyzing, via a mobile device, a
`scene represented by the video stream
`for at least on object;
`
`
`
`
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 4 of 2268 Page ID
`#:11291
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`corresponding to a food item consumed can comprise an image of the food,
`food package, label, menu listing, barcode (such as a Universal Product Code
`or UPC), food serving on a plate, food serving in a restaurant package,
`package containing multiple food servings, alphanumeric codes, receipts,
`printed data (such as nutritional information conventionally found on food
`packages), notes written or typed about the food, and the like.”
`
`Mault at [0009]
`• “After recording the image, at a convenient later time the person can retrieve
`a stored image and view the image on a display. The display can be part of
`the imaging device, or other device such as a personal digital assistant,
`personal computer, Internet appliance, WebTV, e-book, tablet computer,
`pager, cell phone, interactive TV, spectacle mounted display, visor, and the
`like. An electronic device having a display used to view an image may be in
`communication with a separate device used to create the image, for example
`using wireless or cable-based links.”
`
`Mault at [0011]
`• “The imaging device, used to create an image of foods consumed, can be a
`digital camera, device having the functionality of a camera, such as a personal
`digital assistant (PDA), cell phone, electronic book, pager, calculator, or other
`consumer electronics device. The imaging device can also be an ornamental
`component, clothing item, or other functional or decorative item having
`image creation capabilities, such as spectacles, buttons, a pen, cutlery item,
`key ring, keys, belt, cigarette-like object, ring, body ornament, or jewelry.”
`
`Mault at [0016]
`• “The food image can be recorded in a memory of the electronic device, or
`any other memory accessible to the electronic device, such as a memory
`module, remote database, and the like. The food item name can be selected
`3
`
`Claim
`Element
`
`
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 5 of 2268 Page ID
`#:11292
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`from one or more lists of food item names presented on the display of the
`electronic device, for example from one or more menus presented on the
`display.”
`
`
`Mault at [0017]
`• “A method of creating a diet log comprises: recording an image of a label, the
`label corresponding to a food item consumed; analyzing the image of the label
`(for example using optical character recognition, image analysis, image
`recognition, or neural network techniques) so as to determine the identity of
`the food item consumed; and storing the determined identity of the food item
`consumed in an electronic memory, so as to create a diet log. The label can
`be a printed label, a barcode, an alphanumeric code, a nutritional data label,
`a list of ingredients, a product code, graphical designs (Such as trademarks),
`product names, and the like.”
`
`
`Mault at [0018].
`• “A method by which a person can create a record of foods consumed
`comprises: recording a food image of a food consumed; transmitting the food
`image to a remote computer system, for example over a communications
`network such as the internet, receiving food identification data from the
`remote computer system (which may be generated by a software running on
`the remote computer system, a computer expert system, an image analysis
`system, a human operative in communication with the remote computer
`system, or some combination of techniques); and recording the food
`identification data So as to create a record of foods consumed.”
`
`
`Mault at [0048]
`• “FIG. 5 is a schematic of a system comprising an electronic device 100, an
`imaging system 102, a physiological sensor 104, an activity sensor 106, and
`a communications link through communications network 108 to a remote
`4
`
`Claim
`Element
`
`
`
`

`

`Claim
`Element
`
`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 6 of 2268 Page ID
`#:11293
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`computer system (such as a server system) 110.”
`
`
`
`Mault at Fig. 5.
`
`
`
`
`
`Mault at [0049]
`• “Images recorded with the imaging device are transmitted over the
`communications network to the remote computer. The remote computer
`system can be a server system, and may comprise a computer expert system
`for image analysis. Image analysis can be performed by one or more persons,
`a computer expert system, or other mechanism.”
`
`
`Mault at [0051]
`• “FIG. 6 is a flow chart of a method for diet logging. Box 120 corresponds to
`recording an image of food. Box 122 corresponds to transmission of the
`image to a remote location, Such as a remote computer System. . . . Box 124
`
`
`
`5
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 7 of 2268 Page ID
`#:11294
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`
`
`corresponds to analysis of the image of the remote location.”
`
`Mault at Fig. 6.
`
`Claim
`Element
`
`Mault at [0046]
`• “Other options which may be presented to the user include the entering of a
`food by name, for example into diet log software, or scanning the barcode of
`
`
`
`
`
`6
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 8 of 2268 Page ID
`#:11295
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`
`
`
`
`
`
`a food item. The electronic device may comprise or communicate with a
`barcode scanner, or the optical image Sensor can be used to record an image
`of the barcode. The barcode can then be interpreted in terms of a UPC
`(universal product code) and/or product name using a database accessible to
`the PDA. A UPC database may be accessible over a communications network
`Such as the Internet.”
`
`Mault at [0047]
`• “The step corresponding to box 88 can be omitted, and corresponding
`nutritional data can be identified after the food identifier is stored in memory.
`The food item identifier can be a food name, product code, barcode, and the
`like.”
`
`Mault at [0074]
`• “Fig. 11 shows a PDA 280 with display 284, buttons 282, and imaging device
`286 directed at a can of pickles 288. The display 284 can be used to indicate
`the image to be captured. A button such as 282 may be pressed to record the
`image. The display 184 can be used to view captured images of foods stored
`in the memory of the PDA, for assisting the person in creating a diet log.”
`
`Mault at [0080]
`• “Barcodes can also be used in food item identification. The PDA may also
`incorporate a bar-code Scanner, or alternatively, barcodes may be identified
`from a recorded image of the bar-code using image analysis. The barcode
`(e.g. universal product code) can be used to retrieve nutritional data relating
`to the item from a database. The database may reside on a remote computer
`System (remote in this context meaning a computer System not carried by the
`person, for example a commercial Server System, home computer, etc.). The
`person may scan the barcode of a box of cereal and the UPC code used to
`retrieve nutrition information specific to that brand of cereal from the
`7
`
`Claim
`Element
`
`
`
`

`

`Claim
`Element
`
`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 9 of 2268 Page ID
`#:11296
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`
`
`database.”
`
`Mault at [0081]
`• “FIG. 12 shows an image of a barcode presented on the display 304 of PDA
`300 (the PDA having data entry buttons 302, and an image sensor 306). Image
`analysis software can be used to analyze the image of the barcode, So as to
`determine UPC, product name, nutritional data, and the like. Alternatively, a
`barcode Scanner can be used to read the barcode, or an accessory device
`which in communication with the PDA may be used as a barcode scanner.”
`
`
`Mault at Fig. 12
`
`
`
`8
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 10 of 2268 Page ID
`#:11297
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`Claim
`Element
`
`
`
`Mault at [0082]
`• “FIG. 13 shows an image of nutritional information on the display 324 of a
`PDA 320, having data entry buttons 322 and optical image Sensor 326.
`Optical character recognition Software running on a processor of the PDA
`can be used to extract nutritional information from the image, and place it into
`memory for possible later transfer to a database.”
`
`Mault at Fig. 13
`
`9
`
`
`
`
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 11 of 2268 Page ID
`#:11298
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`Claim
`Element
`
`
`To the extent it is found that Mault does not expressly disclose this limitation, the
`limitation is inherent. And to the extent it is found that Mault does not anticipate
`this claim, Mault renders it obvious, either alone, in combination with the
`knowledge of a person of ordinary skill in the art, and/or in combination with other
`prior art references identified herein or in the cover pleading of BofA’s Final
`Invalidity Contentions. A person of ordinary skill in the art would have been
`motivated to combine Mault with any of the other prior art references identified in
`the cover pleading or herein with a reasonable expectation of success because each
`of these references contains familiar elements within the similar fields of endeavor
`to address similar known problems, according to known methods which would
`yield predictable results.
`
`
`
`10
`
`

`

`Claim
`Element
`[1B]
`
`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 12 of 2268 Page ID
`#:11299
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`deriving at least one characteristic of
`the video stream;
`
`Mault discloses deriving at least on characteristic of the video stream.
`
`Mault [0021]
`• “An imaging sensor having a two-dimensional array of sensor elements can
`capture an image by having the array exposed to the image, so as to create an
`electronic data set or file corresponding to the spatial distribution of intensity
`(and color, if required) of the image.”
`
`
`Mault at Figure 1A:
`
`
`
`Mault at [0041]
`• “FIG. 1A, other components of the electronic device are omitted for clarity.
`On receiving a signal from the external control or from the processor, the
`controller 24 initiates the capture of an image by sensor 28, and may store the
`
`
`
`
`
`11
`
`

`

`Claim
`Element
`
`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 13 of 2268 Page ID
`#:11300
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`image in memory 30 along with a time stamp provided by clock 32.”
`
`
`Mault at [0047]
`• “The time and location that the image was recorded can also be recorded in
`memory and displayed, so as to assist diet logging.”
`
`
`Mault at [0076–77]
`• “For non-packaged foods, e.g. restaurant meals, image analysis may also be
`used in identifying the food items. Imaging at a number of wavelengths,
`followed by false color image generation, can be used to help identify image
`components. Spectroscopic imaging can be used in computer-assisted food
`recognition.
`
`Image processing, image recognition, and pattern recognition algorithms are
`useful in analyzing stored images so as to create a diet log. Algorithms may
`be applied to color images, or images recorded at a number of different
`wavelengths (e.g. in the IR, optical, and UV) which may assist identification.
`Stored images can be identified by comparison with previously stored images
`that the person has identified, using a software learning mechanism such as a
`neural network.”
`
`
`Mault at [0090]
`• “A person can record images of medicines taken, such as tablets consumed,
`and these images can be used to create a medical log using embodiments of
`the present invention. Colors, shapes, printed codes, and fluorescent markers
`of tablets can be used to assist identification, either by a person or an software
`image analysis program.”
`
`
`Mault at [0091]
`
`
`
`12
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 14 of 2268 Page ID
`#:11301
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`Claim
`Element
`
`• “Images can be recorded at intervals by a device carried by the person, and
`the images used to create a lifestyle log for the person. This can include
`analysis of images of meals consumed, so as to create a diet log. Images can
`be recorded automatically, for example at time intervals, so as to spare the
`person the effort of remembering to record images of foods consumed. Image
`creation can be triggered by events, such as physiological parameters which
`change during eating, position (such as using a global positioning system),
`voice commands, wireless transmission from a remote device, such as a food
`vending machine, and the like.”
`
`
`
`To the extent it is found that Mault does not expressly disclose this limitation, the
`limitation is inherent. And to the extent it is found that Mault does not anticipate
`this claim, Mault renders it obvious, either alone, in combination with the
`knowledge of a person of ordinary skill in the art, and/or in combination with other
`prior art references identified herein or in the cover pleading of BofA’s Final
`Invalidity Contentions. A person of ordinary skill in the art would have been
`motivated to combine Mault with any of the other prior art references identified in
`the cover pleading or herein with a reasonable expectation of success because each
`of these references contains familiar elements within the similar fields of endeavor
`to address similar known problems, according to known methods which would
`yield predictable results.
`Mault discloses recognizing the at least one object in the scene as a target object
`based at least in part on the at least one characteristics of the video stream.
`
`
`Mault at [0017]
`• “A method of creating a diet log comprises: recording an image of a label, the
`label corresponding to a food item consumed; analyzing the image of the label
`(for example using optical character recognition, image analysis, image
`recognition, or neural network techniques) so as to determine the identity of
`13
`
`[1C]
`
`recognizing the at least one object in
`the scene as a target object based at
`least in part on the at least one
`characteristics of the video stream;
`
`
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 15 of 2268 Page ID
`#:11302
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`Claim
`Element
`
`
`
`
`
`the food item consumed; and storing the determined identity of the food item
`consumed in an electronic memory, so as to create a diet log. The label can
`be a printed label, a barcode, an alphanumeric code, a nutritional data label,
`a list of ingredients, a product code, graphical designs (Such as trademarks),
`product names, and the like.”
`
`Mault at [0018]
`• “A method by which a person can create a record of foods consumed
`comprises: recording a food image of a food consumed; transmitting the food
`image to a remote computer system, for example over a communications
`network such as the internet, receiving food identification data from the
`remote computer System (which may be generated by a software running on
`the remote computer System, a computer expert system, an image analysis
`system, a human operative in communication with the remote computer
`system, or some combination of techniques); and recording the food
`identification data So as to create a record of foods consumed.”
`
`
`Mault at [0046]
`• “Other options which may be presented to the user include the entering of a
`food by name, for example into diet log software, or scanning the barcode of
`a food item. The electronic device may comprise or communicate with a
`barcode scanner, or the optical image sensor can be used to record an image
`of the barcode. The barcode can then be interpreted in terms of a UPC
`(universal product code) and/or product name using a database accessible to
`the PDA. A UPC database may be accessible over a communications network
`such as the Internet. Other options include receiving transmissions such as
`wireless data transmissions from food vendors or food vending devices,
`viewing the recorded diet log, editing the diet log, or analyzing previously
`recorded images.”
`
`
`
`14
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 16 of 2268 Page ID
`#:11303
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`Mault at [0051]
`• “Box 124 corresponds to analysis of the image of the remote location. Image
`recognition software may be used. A trained person, at a remote location, can
`select food names corresponding to the images, for example in conjunction
`with image recognition, providing names where image recognition has not
`been successful in identifying the food. A computer expert System, optical
`character recognition of a name on the package, barcode recognition, portion
`size estimate, and other food data can also be extracted from the image or
`images.”
`
`
`Mault at [0075–76]
`• “Image processing techniques can be used to identify food items from images.
`For packaged foods, optical character recognition may be used to record and
`identify nutritional information and/or identify the item consumed. Computer
`analysis of images may be carried out on the PDA or using another computer
`system in communication with the PDA. For example, an image of food
`packaging may be used to identify the food contained. An image of the
`nutritional content information panel provided by the manufacturer on the
`package may also be recorded. Optical character recognition may be used to
`obtain information from the image for storage in a diet log. An image of a
`box of corn flakes may be recognized by a computer as such, and used to
`generate a corn flake serving record in a diet log.
`
`For non-packaged foods, e.g. restaurant meals, image analysis may also be
`used in identifying the food items. Imaging at a number of wavelengths,
`followed by false color image generation, can be used to help identify image
`components. Spectroscopic imaging can be used in computer-assisted food
`recognition.”
`
`
`Mault at [0077]
`15
`
`Claim
`Element
`
`
`
`

`

`Claim
`Element
`
`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 17 of 2268 Page ID
`#:11304
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`• “Image processing, image recognition, and pattern recognition algorithms are
`useful in analyzing stored images so as to create a diet log. Algorithms may
`be applied to color images, or images recorded at a number of different
`wavelengths (e.g. in the IR, optical, and UV) which may assist identification.
`Stored images can be identified by comparison with previously stored images
`that the person has identified, using a software learning mechanism such as a
`neural network.”
`
`
`Mault at [0080]
`• “Barcodes can also be used in food item identification. The PDA may also
`incorporate a bar-code Scanner, or alternatively, barcodes may be identified
`from a recorded image of the bar-code using image analysis. The barcode
`(e.g. universal product code) can be used to retrieve nutritional data relating
`to the item from a database. The database may reside on a remote computer
`System (remote in this context meaning a computer System not carried by the
`person, for example a commercial Server System, home computer, etc.). The
`person may scan the barcode of a box of cereal and the UPC code used to
`retrieve nutrition information specific to that brand of cereal from the
`database.”
`
`
`Mault at [0081]
`• “FIG. 12 shows an image of a barcode presented on the display 304 of
`PDA 300 (the PDA having data entry buttons 302, and an image sensor 306).
`Image analysis software can be used to analyze the image of the barcode, so
`as to determine UPC, product name, nutritional data, and the like.”
`
`
`
`Mault at [0082]
`• “FIG. 13 shows an image of nutritional information on the display 324 of a
`PDA 320, having data entry buttons 322 and optical image Sensor 326.
`
`
`
`16
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 18 of 2268 Page ID
`#:11305
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`Claim
`Element
`
`Optical character recognition Software running on a processor of the PDA
`can be used to extract nutritional information from the image, and place it into
`memory for possible later transfer to a database.”
`
`Mault at [0090]
`• “Colors, shapes, printed codes, and fluorescent markers of tablets can be used
`to assist identification, either by a person or an [sic] software image analysis
`program.”
`
`
`To the extent it is found that Mault does not expressly disclose this limitation, the
`limitation is inherent. And to the extent it is found that Mault does not anticipate
`this claim, Mault renders it obvious, either alone, in combination with the
`knowledge of a person of ordinary skill in the art, and/or in combination with other
`prior art references identified herein or in the cover pleading of BofA’s Final
`Invalidity Contentions. A person of ordinary skill in the art would have been
`motivated to combine Mault with any of the other prior art references identified in
`the cover pleading or herein with a reasonable expectation of success because each
`of these references contains familiar elements within the similar fields of endeavor
`to address similar known problems, according to known methods which would
`yield predictable results.
`
`Mault discloses providing an indication upon recognizing the at least one object
`as the target object.
`
`Mault at [0017]
`• “A method of creating a diet log comprises: recording an image of a label, the
`label corresponding to a food item consumed; analyzing the image of the label
`(for example using optical character recognition, image analysis, image
`recognition, or neural network techniques) so as to determine the identity of
`the food item consumed; and storing the determined identity of the food item
`17
`
`[1D]
`
`upon
`indication
`an
`providing
`recognizing the at least one object as
`the target object; and
`
`
`
`

`

`Case 2:20-cv-07872-GW-PVC Document 302-5 Filed 03/12/24 Page 19 of 2268 Page ID
`#:11306
`Nantworks, LLC v. Bank of America Corporation
`Central District of California, No. 2:20-cv-7872
`Invalidity Chart for U.S. Patent 9,324,004 based on
`U.S. Patent U.S. Patent Publication No. US2002/004786 to Mault et al. (“Mault”)
`
`Exemplary Citations in Reference
`
`’004 Claim Recitation
`
`consumed in an electronic memory, so as to create a diet log. The label can
`be a printed label, a barcode, an alphanumeric code, a nutritional data label,
`a list of ingredients, a product code, graphical designs (Such as trademarks),
`product names, and the like.”
`
`
`Mault at [0051]
`• “Box 124 corresponds to analysis of the image of the remote location. Image
`recognition software may be used. A trained person, at a remote location, can
`select food names corresponding to the images, for example in conjunction
`with image recognition, providing names where image recognition has not
`been successful in identifying the food. A computer e