Filed on behalf of: PNC Bank, N.A.,
`
`
`
`JP Morgan Chase & Co.,
`
`
`
`JP Morgan Chase Bank, N.A.
`By: Lionel M. Lavenue
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: 202-408-4000
`Facsimile: 202-408-4400
`E-mail:
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`PNC Bank, N.A.,
`JP Morgan Chase & Co.,
`JP Morgan Chase Bank, N.A.,
`Petitioners
`
`v.
`
`Maxim Integrated Products, Inc.,
`Patent Owner
`
`
`
`
`Patent No. 5,940,510
`
`
`
`
`
`DECLARATION OF STEPHEN D. BRISTOW
`
`
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`Page 1 of 458
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`PNC-JP MORGAN EXHIBIT 1002
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`Maxim Exhibit 2007 - Groupon, CBM2014-00090 – Page 2007-001
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`

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`TABLE OF CONTENTS
`
`I. 
`
`Introduction .................................................................................................................... 1 
`
`II.  Qualifications ................................................................................................................. 1 
`
`III.  Materials Reviewed ........................................................................................................ 3 
`
`IV.  Overview of the ’510 Patent ........................................................................................ 4 
`
`A. 
`
`B. 
`
`The Claims Only Recite Generic Hardware .................................................. 6 
`
`The Claims Recite Using Known Components for Their Routine
`and Conventional Purpose ............................................................................... 7 
`
`C. 
`
`Claims ................................................................................................................ 11 
`
`V. 
`
`Person of Ordinary Skill in the Art ........................................................................... 13 
`
`VI.  Claim Construction ..................................................................................................... 14 
`
`VII.  Combinations of Certain References Disclose or Suggest All of the
`Elements of Claims 1, 3, 5, and 6 of the ’510 Patent ............................................. 14 
`
`A. 
`
`The Combination of Cremin and Tamada renders claims 1, 3, 5,
`and 6 of the ’510 Patent Obvious ................................................................. 16 
`
`1. 
`
`2. 
`
`1. 
`
`2. 
`
`Cremin discloses using a reader to transfer data between a
`portable module and another module ............................................... 16 
`
`Cremin and Tamada disclose conducting transactions ..................... 20 
`
`Tamada discloses a counter for maintaining a transaction
`count ....................................................................................................... 22 
`
`The combination of Cremin and Tamada would have been
`obvious ................................................................................................... 23 
`
`B. 
`
`The Combination of Cremin, Tamada, and Schneier Renders Claims
`5 and 6 Obvious. .............................................................................................. 24 
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`C. 
`
`The Combination of Rosen and Tamada Renders Claims 1, 3, 5,
`and 6 Obvious .................................................................................................. 25 
`
`a) 
`
`b) 
`
`c) 
`
`d) 
`
`Rosen discloses using a reader to transfer data
`between a portable module and another module ................ 25 
`
`Rosen discloses logging transactions ....................................... 28 
`
`Rosen discloses making the transactions secure .................... 29 
`
`The combination of Rosen and Tamada would have
`been obvious ............................................................................. 30 
`
`VIII.  Conclusion .................................................................................................................... 31 
`
`
`
`ii
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`
`
`I.
`
`I, Stephen D. Bristow, declare as follows:
`
`Introduction
`
`1.
`
`I have been retained by The PNC Financial Services Group, Inc. and
`
`JPMorgan Chase & Co. (“Petitioners”) as an independent expert consultant in this
`
`proceeding before the United States Patent and Trademark Office. Although I am
`
`being compensated at my rate of $300.00 per hour for the time I spend on this matter,
`
`no part of my compensation depends on the outcome of this proceeding, and I have
`
`no other interest in this proceeding.
`
`2.
`
`I understand that this proceeding involves U.S. Patent No. 5,940,510
`
`(“the ’510 patent”) (attached as Ex. 1001 to the petition). The application for the ’510
`
`patent was filed on January 31, 1996, as U.S. Patent Application No. 08/594,975, and
`
`the patent issued on August 17, 1999.
`
`3.
`
`I have been asked to consider whether certain references disclose or
`
`suggest the features recited in the claims of the ’510 patent. My opinions are set forth
`
`below.
`
`II. Qualifications
`
`4.
`
`I hold both a Bachelor of Science and a Master of Science degree in
`
`Electrical Engineering. I received my Bachelor of Science in 1973 from the
`
`University of California, and I received my Master of Science in 1985 from the
`
`University of Santa Clara.
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`
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`1
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`5.
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`By 1996, I had more than two years of experience in secure financial
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`transactions and real-time microcontroller programming. For example, as Director of
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`Engineering for Verifone, Inc. from 1989-1991, I was responsible for the
`
`development of technology relating to networking in the point-of-sale (POS)
`
`environment, which included:
`
` Magnetic cash card operated vending systems including cards, readers,
`
`audit systems and dispenser
`
` Spread spectrum LAN links
`
` Optical check readers using neural network chips
`
` Cellular radio data link
`
` POS printers pin pads, and credit card terminals
`
`In that role, I not only gained experience in secure financial transactions and
`
`microcontrollers but I also managed people with “a Bachelor of Science degree in
`
`electrical engineering or computer engineering with at least two years of practical or
`
`post-graduate work in the areas of secure financial transactions and real-time
`
`microcontroller programming.”
`
`Indeed, I was working on systems for transferring value as far back as a decade
`
`prior to the filing date of the ’510 patent, including value transfer mechanisms that
`
`make use of coins, bills, smart cards, magnetic cash cards, and credit cards that end up
`
`
`
`2
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`accessing a data base at a service provider to provide for such a transfer. Examples of
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`types of value transfer mechanisms I have worked on include:
`
` creating key fob, ring, and card based value transfer mechanisms.
`
` postal meters that securely transfer value in a postal application.
`
` creating special “Chuckie Cheese” tokens.
`
` creating games that dispensed tickets and with companies that then
`
`could read the tickets to dispense items of value ( i.e., turn in 200 tickets
`
`into a machine, the machine reads the tickets, and then dispenses an
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`item of value such as a prize).
`
`6.
`
`Further information on my qualifications can be found in the Curriculum
`
`Vitae attached as Appendix A of this declaration.
`
`III. Materials Reviewed
`
`7.
`
`In forming my opinions, I have reviewed: the ’510 Patent, the
`
`prosecution history of the ’510 patent, and the following documents:
`
` U.S. Patent No. 5,940,510 (“the ’510 patent”) (attached as Ex. 1001 to the
`
`petition);
`
` The ’510 patent file history (attached as Ex. 1008 to the petition)
`
` IEEE dictionary (attached as Ex. 1007 to the petition);
`
` In re Maxim Integrated Prods., Inc., Case No. 2:12-mc-00244, MDL No. 2354
`
`(W.D. Pa.), Docket No. 691, Special Master’s Report and
`
`
`
`3
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`Recommendation Re: Claim Construction (Oct. 9, 2013) (attached as Ex.
`
`1009 of the petition);
`
` International Publication No. WO 83/03018 to Cremin et al. (“Cremin”)
`
`published on September 1, 1983 (attached as Ex. 1011 of the petition);
`
` European Patent No. 0316689 to Tamada et al. (“Tamada”) published as a
`
`patent on June 6, 1994 (attached as Ex. 1012 of the petition);
`
` European Patent No. 0684556 (attached as Ex. 1013 of the petition);
`
` U.S. Patent No. 5,453,601 to Rosen (“Rosen”) published on September 26,
`
`1995 (attached as Ex. 1014 of the petition);
`
` Intel 8051 Microcontroller user manuals.
`
`IV. Overview of the ’510 Patent
`
`8.
`
`The ’510 patent relates to “transferring units of value between a
`
`microprocessor based secure module and another module for carrying a cash
`
`equivalent.” Ex. 1001, 1:24-26. This allegedly satisfied the “need for an electronic
`
`system that allows a consumer to fill an electronic module with a cash equivalent in
`
`the same way a consumer fills his wallet with cash.” Ex. 1001,1:49-51.
`
`9.
`
`The system disclosed by the patent includes three components: a
`
`portable module (e.g., portable module 102), a device that communicates with the
`
`portable module and other components (e.g., microprocessor based device 104), and a
`
`
`
`4
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`secure microprocessor based device (e.g., secure microprocessor based device 108).
`
`Ex. 1001, Fig. 1 (reproduced below).
`
`
`
`10. The patent explains that the portable module 102 “can be incorporated
`
`into any object that can be articulated by a human or thing, such as a ring, bracelet,
`
`wallet, name tag, necklace, baggage, machine, robotic device, etc.” Id. at 3:43-50.
`
`11.
`
`Similarly, the patent explains that the device 104 communicating with
`
`the portable module can also be “any of an unlimited number of devices.” Id. at 2:36-
`
`37. For example, the device 104 could be “a personal computer, an add-a-fare
`
`machine at a train or bus station (similar to those in today's District of Columbia
`
`metro stations), a turn style, a toll booth, a bank's terminal, a ride at a carnival, a
`
`washing machine at a Laundromat, a locking device, a mail metering device or any
`
`device that controls access, or meters a monetary equivalent, etc.” Id. at 2:38-45.
`
`12. The patent also explains that secure device can “be incorporated into a
`
`variety of objects including, but not limited to a token, a card, a ring, a computer, a
`
`
`
`5
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`wallet, a key fob, a badge, jewelry, a stamp, or practically any object that can be
`
`grasped and/or articulated by a user of the object.” Id. at 4:34-48.
`
`A.
`
`The Claims Only Recite Generic Hardware
`
`13. The patent discloses that its system can be implemented using a
`
`“general-purpose, 8051 compatible micro controller 12 or a reasonably similar
`
`product.” Ex. 1001, 5:39-40. At best, the claims recite “a nonvolatile
`
`memory”/“memory circuit,” “real-time clock circuit,” “a counter,” “an input/output
`
`circuit,” “a memory control circuit,” “a microprocessor core,” “a math co-processor,”
`
`and “an energy circuit,” which could be implemented using hardware.1 At the time of
`
`filing, 8051 microcontroller implementations contained all of these elements. For
`
`example, the 8051 manuals disclose implementations including “a nonvolatile
`
`memory”/“memory circuit” (e.g., ROM, RAM, EPROM, external memory), a “real
`
`time clock circuit” (e.g., internal real time and time of day clocks), a “counter” (e.g.,
`
`counters), “input/output circuits” (e.g., serial interfaces, I/O ports), “memory control
`
`circuits” (e.g., address registers, stack pointers, CPUs), “a microprocessor core” (e.g.,
`
`CPUs), “a math co-processor” (e.g., ALUs, data encryption units), and energy circuits
`
`(e.g., power circuits), etc. See e.g., 8051 User Manual 3-3,3-4; Boolean Processing 16,
`
`17, 30. Indeed, the generic nature of these components is further demonstrated by
`
`
`1 As the claim is written, some of these features could also be implemented by
`software rather than hardware.
`
`
`
`6
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`Applied Cryptography including a list of co—processors for performing the RSA
`
`encryption referenced by the patents. P. 285. Accordingly, it is my opinion that
`
`any hardware needed to Implement the claitns was genetic.
`
`B.
`
`The Claims Recite Using Known Components for Their Routine
`and Conventional Purpose
`
`'14.
`
`In addition to only needing generic hardware, it is my opinion that the
`
`elements recited by the claims are simply serving their routine and conventional
`
`purpose, as shown in the table below:
`
`The patent discloses that memory is used to store. See
`
`e.g., Ex. 1001, 5:45-46. In my opinion, this is the
`
`ordinary function of memory, which is consistent with
`
`the IEEE dictionary. See Ex. 1007, p. 684.
`
`Real time clock circuit
`
`The patent discloses that the real time clock keeps time.
`
`ordinary function of counters, which is consistent with
`
`See 61g” EX. 1001, 4:2—4, 4:59—60. In my opinion, this is
`
`the ordinary function of real-time clock circuits, which
`
`is consistent with the IEEE dictionary. fee Ex. 1007, p.
`
`933.
`
`The patent discloses that a counter is used to count. See
`
`6.3., Ex. 1001, 3:66—42. In my opinion, this is the
`
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`— the IEEE dictionary. See Ex. 1007, p. 245.
`
`Input/output circuit
`
`The patent discloses that the input/ output circuit is
`
`used for communication. See 61g, EX. 1001, 4:10—24.
`
`In my opinion, this is the ordinary function of
`
`input/output circuits, which is consistent with the
`
`IEEE dictionary. See Ex. 1007, p. 557.
`
`
`A substantially unique
`
`The patent discloses that a substantially unique
`
`electronically readable
`
`electronically readable identification number is used to
`
`identification number
`
`identifying a device. .S'ee e.g., Ex. 1001, 427—9. In my
`
`
`
`opinion, this is the ordinary function of identifiers,
`
`which is consistent with the IEEE dictionary. See Ex.
`
`1007, p. 529.
`
`lVIemory control circuit
`
`The patent discloses that memory control circuit is used
`
`for reading and writing data into and out of memory.
`
`See tag, ex. 1001, 4:59-60. In my opinion, this is the
`
`ordinary function of memory controllers, which is
`
`consistent with the IEEE dictionary. See Ex. 1007, p.
`
`685.
`
`hficrocontroller core
`
`The patent discloses that a microcontroller core is used
`
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`for executing instructions. See e.g., Ex. 1001, 5:38—45. In
`
`my opinion, this is the ordinary function of
`
`microcontroller cores (e.g., a CPU), which is consistent
`
`with the IEEE dictionary. See EX. 1007, p. 155.
`
`Math coprocessor
`
`The patent discloses that math co—processor is used to
`
` 9
`
`provide power. .S'ee 3.3., ex. 1001, 5:16—22. In my opinion,
`
`perform math. See eg, Ex. 1001, 4:61—65. In my
`
`opinion, this is the ordinary function of a math
`
`coprocessor, which is consistent with the IEEE
`
`dictionary. See Ex. 1007, p. 240.
`
`The patent discloses that an energy circuit is used to
`
`this is the ordinary fimction of energy circuits (e.g.,
`
`batteries, solar cells, power supplies, capacitors, etc.),
`
`which is consistent with the IEEE dictionary. See Ex.
`
`1007, pp. 91, 855.
`
`The patent discloses that a reader communicates with a
`
`device. See e.g., ex. 1001, 2:45—60. In my opinion, this is
`
`the ordinary function of readers, which is consistent
`
`with the IEEE dictionary. See EX. 1007, p. 931.
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`15. This is not surprising because the purported invention is a process of
`
`“transferring units of value between a microprocessor based secure module and
`
`another module for carrying a cash equivalent,” Ex. 1001, 1:24-26, not a new
`
`combination of hardware. The patent lacks any discussion of why the claimed
`
`combination would have been novel or yielded any unexpected results or how each of
`
`these particular elements is used in the purportedly inventive process. Instead, the
`
`patent explicitly states that it does not require any particular arrangement of hardware.
`
`See e.g., Ex. 1001, 5:58-60 (explaining that “[o]ne of ordinary skill will understand that
`
`there are many comparable variations of the module design” that could be used).
`
`16. The operations performed by these components are straightforward. For
`
`example, the patent describes transferring “units of value” like a “cash equivalent,”
`
`similar to the paper fair cards used by the DC metro system. See id. at 1:21-25; 2:1-4;
`
`2:40-41. The patent explains that this entails using the module’s or device’s
`
`components to merely keep accounting records of transactions (e.g., time stamping
`
`the transaction, maintaining a transaction count, storing an identifier of the
`
`transaction, etc.). Id. at 3:33-35, 8:1-7. Finally, the patent discloses securing the
`
`transaction by implementing widely-known standards, such as RSA, and known
`
`communication techniques (multiple wires, a wireless communication system, infrared
`
`light, any electromagnetic means, or any other similar technique). See e.g., id. at 2:21-58,
`
`4:61-65.
`
`
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`10
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`Claims
`
`C.
`17. The ’510 patent includes six claims. At this time, Requesters request
`
`reexamination of claims 1, 3, 5, and 6.
`
`18. Claim 1, the sole independent claim, recites three structures: a “first
`
`portable module” (corresponding to the portable module 102 of Fig. 1), a “portable
`
`module reader” (corresponding to the device 104 of Fig. 1), and a “secure
`
`microcontroller” (corresponding to the device/module 108 of Fig. 1). The claim also
`
`lists a variety of known components for the “first portable module” and the “secure
`
`microcontroller,” often with minimal to no interconnections between these known
`
`components.2 In full, claim 1 recites:
`
`1. A system for communicating data securely, comprising:
`
`a first portable module comprising:
`
`a nonvolatile memory for storing a first data;
`
`a first real time clock circuit for time stamping data
`transactions;
`
`a counter for counting a transaction count;
`
`an input/output circuit;
`
`
`2 For example, the “energy circuit” lacks any interconnection to any of the other listed
`
`components.
`
`
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`11
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`a substantially unique electronically readable
`identification number readable by said input/output
`circuit; and
`
`a memory control circuit in electrical communication
`with said nonvolatile memory, said real time clock,
`said counter, and said input/output circuit;
`
`a portable module reader that can be placed in
`communication with said first portable module, said
`portable module reader can be connected to a plurality of
`other devices;
`
`a secure microcontroller based module in electronic
`communication with said portable module reader, said
`secure microcontroller comprising:
`
`a microcontroller core;
`
`a math coprocessor, in communication with said
`microcontroller core, for processing encryption
`calculations;
`
`an energy circuit for storing energy;
`
`a memory circuit connected to said microcontroller
`core;
`
`a memory circuit in communication with said
`microcontroller core; and
`
`a second real time clock circuit in communication
`with said microcontroller,
`
`
`
`12
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`said combination of said portable module reader and said
`secure microcontroller performing secure data transfers
`with said first portable module.
`
`V.
`
`Person of Ordinary Skill in the Art
`
`19.
`
`I understand that the ’510 patent must be analyzed from the perspective
`
`of a person of ordinary skill in the art (“POSITA”). In my opinion, a person of
`
`ordinary skill in the art would be a person with a Bachelor of Science degree in
`
`electrical engineering or computer engineering with at least two years of practical or
`
`post-graduate work in the areas of secure financial transactions and real-time
`
`microcontroller programming.
`
`20.
`
`I understand that the factors that may be considered in determining the
`
`ordinary level of skill in the art include: (1) the levels of education and experience of
`
`persons working in the field; (2) the types of problems encountered in the field; and
`
`(3) the sophistication of the technology. I understand that a person of ordinary skill
`
`in the art is not a specific real individual, but rather a hypothetical individual having
`
`the qualities reflected by the factors above. My definition above is based upon this
`
`understanding and patent’s presumed knowledge of microcontrollers and secure
`
`financial transactions given the high level at which it discloses components.
`
`21.
`
`For purposes of this Declaration, in general, and unless otherwise noted,
`
`my statements and opinions below, such as those regarding my experience and the
`
`understanding of a person of ordinary skill in the art generally (and specifically related
`
`
`
`13
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`to the references I consulted herein), reflect the knowledge that existed in the field as
`
`of January 1996.
`
`VI. Claim Construction
`
`22.
`
`I have been advised that the first step of assessing the validity of a patent
`
`claim is to interpret or construe the meaning of the claim.
`
`23.
`
`I have been advised that in post-grant review proceedings before the U.S.
`
`Patent and Trademark Office, a patent claim receives the broadest reasonable
`
`construction in light of the specification of the patent in which it appears. I have also
`
`been advised that, at the same time, claim terms are given their ordinary and
`
`accustomed meaning as would be understood by one of ordinary skill in the art. I
`
`have been informed that the construction of a patent claim applied during this
`
`proceeding may differ from that in a district court proceeding.
`
`24.
`
`I have reviewed the constructions presented by Maxim and
`
`recommended by the Special Master. The adoption of either of these constructions,
`
`or any other proper construction under the broadest reasonable construction, would
`
`not change my opinions set forth below.
`
`VII. Combinations of Certain References Disclose or Suggest All of the
`Elements of Claims 1, 3, 5, and 6 of the ’510 Patent
`
`25.
`
`I have been advised that a patent claim may be invalid as obvious if the
`
`differences between the subject matter patented and the prior art are such that the
`
`subject matter as a whole would have been obvious at the time the invention was
`
`
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`14
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`made to a person having ordinary skill in the art. I have also been advised that several
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`factual inquiries underlie a determination of obviousness. These inquiries include the
`
`scope and content of the prior art, the level of ordinary skill in the field of the
`
`invention, the differences between the claimed invention and the prior art, and any
`
`objective evidence of non-obviousness.
`
`26.
`
`I also have been advised that the law requires a “common sense”
`
`approach of examining whether the claimed invention is obvious to a person skilled in
`
`the art. For example, I have been advised that combining familiar elements according
`
`to known methods is likely to be obvious when it does no more than yield predictable
`
`results. I have also been advised that an explicate disclosure of a motivation to
`
`combine elements further supports a conclusion that the combination would have
`
`been obvious.
`
`27.
`
`In my opinion, International Publication No. WO 83/03018 to Cremin
`
`et al. (“Cremin”) published on September 1, 1983. European Patent No. 0316689 to
`
`Tamada et al. (“Tamada”) published as a patent on July 6, 1994. Applied Cryptography by
`
`Schneier (“Schneier”) published in 1994. U.S. Patent No. 5,453,601 to Rosen (“Rosen”)
`
`published on September 26, 1995. Combinations of these references teach all
`
`elements of claims 1, 3, 5, and 6 the ’510 patent and render the claims obvious.
`
`
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`A.
`
`28.
`
`The Combination of Cremin and Tamada renders claims 1, 3, 5,
`and 6 of the ’510 Patent Obvious
`
`For the reasons described below and in the claim charts attached as
`
`Appendix B to this declaration, it is my opinion that the combination of Cremin and
`
`Tamada discloses each and every element of claims 1, 3, 5, and 6 of the ’510 patent
`
`and renders the claims obvious.
`
`1. Cremin discloses using a reader to transfer data between a
`portable module and another module
`29. Cremin discloses a system that includes a consumer card that
`
`communicates with a trader card using a coupling terminal. Ex. 1011, 2:14-16, 6:5-8.
`
`The coupling terminal (element 2) includes means for communicating with the
`
`consumer card (element 3) and for communicating with the trader card (element 4), as
`
`shown in Figure 5 (reproduced below). So, in the context of the claims, Cremin
`
`discusses a portable module (e.g., the consumer card), a portable module reader in
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`communication with the portable module (e.g., the coupling terminal), and a secure
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`microcontroller based module in electronic communication with said portable module
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`reader (e.g., the trader card). Figure 5 also shows that the coupling terminal is
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`connected to other devices, such as a bank computer (element 70) and backup storage
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`card (element 46). So, in the context of the claims, Cremin discusses the portable
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`module reader (e.g., the coupling terminal) in communication with other devices (e.g.,
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`the bank computer and backup storage card).
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`Thus, it is my opinion that Cremin discloses “a first portable module,” “a
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`portable module reader that can be placed in communication with said first
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`portable module, said portable module reader can be connected to a plurality
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`of other devices,” and “a secure microcontroller based module in electronic
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`communication with said portable module reader.”
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`30. The consumer card and the trader card of Cremin both have the same
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`structure (Cremin explains that the trader card just has more memory because it
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`conducts more transactions). Id. at 9:16-23. That structure includes the following
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`conventional components: a microcomputer (e.g., element 1), non—volatile memories
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`for storing the transferred data (e.g., elements 7, 11, and 23), a corresponding memory
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`controller (e.g., elements 12 and 24), an input/output circuit to transfer the data (e.g.,
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`elements 16, 25, and 40), and a battery (e.g., element 37). FIG. 2 (reproduced below).
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`For example, Crelm'n discloses a “memory means in this case a 4K battery powered
`
`CMOS RAM memory 7 is mounted in the housing 5.” It is my opinion that a
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`person of ordinary skill in the art at the time of the invention would have
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`considered this to be a non-volatile memory. See Ex. 1013, 10:42-43 (explaining
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`that “NVRAM can be a low power CMOS memory with a battery backup.”). Cremin
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`also discloses that the central processing units read/write data to memory. It is my
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`opinion that a person of ordinary skill in the art at the time of the invention
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`would have considered this to be a memory control circuit. Ex. 1011 at 7:13-16.
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`So, in the context of the claims, Cremin discusses a first portable module (the
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`consumer card) comprising a nonvolatile memory for storing a first data (4k RAM 7,
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`etc.), input/output circuits (e.g., elements 16, 25, and 40), and memory control a
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`memory control circuit (e.g., CPU 12) in electrical communication with said
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`nonvolatile memory and said input/output circuit. Thus, it is my opinion that
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`Cremin discloses “a first portable module comprising: a nonvolatile memory
`
`for storing a first data; . . . an input/output circuit; . . . and a memory control
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`circuit in electrical communication with said nonvolatile memory . . . and said
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`input/output circuit.” Similarly, in the context of the claims, Cremin discusses a
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`secure microcontroller based module (the trader card) comprising a microcontroller
`
`core (e.g., CPU 12); an energy circuit for storing energy (e.g., battery 37); a memory
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`circuit connected to said microcontroller core (e.g., ROM 11, RAM 7, or RAM 14);
`
`and a memory circuit (e.g., ROM 11, RAM 7, or RAM 14) in communication with
`
`said microcontroller core.” Thus, it is my opinion that Cremin discloses “said
`
`secure microcontroller comprising: a microcontroller core; an energy circuit for
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`storing energy; a memory circuit connected to said microcontroller core; [and]
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`a memory circuit in communication with said microcontroller core.”
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`31. Tamada also discloses an integrated circuit cash cards that includes a non-
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`volatile memory and a CPU that controls memory for storing data transactions. Ex.
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`1012, 3:41-53, 9:30-34; FIG. 2. Because these are simply components of off-the-shelf
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`microcontrollers that are being used to perform their regular function, as discussed
`
`above, it is my opinion that the combination of Tamada and Cremin would not
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`have resulted in any unexpected results and renders the claimed non-volatile
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`memory and memory control circuit obvious.
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`2. Cremin and Tamada disclose conducting transactions
`32. To conduct a transaction, the consumer card and trader card of Cremin
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`are inserted into slots 3 and 4 of coupling terminal 2, as shown in FIG. 5 above, and
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`the users are authenticated. Ex. 1011, 12:1-21; 13:20-21. Then, the trader enters a
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`transaction amount using keyboard 51 and the amount is displayed to both the trader
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`display 47 and consumer display 48. Id. at 13:9-12. To execute the transaction, the
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`consumer presses button 33 on the consumer card. Id. at 13:12-14. In response,
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`microcomputer 10 of the consumer card generates a message including the
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`transaction amount, the card serial number, and a date-stamp. Id. at 13:14-15. The
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`routine and conventional way to do this was to use a real-time clock that time stamps
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`a transaction. Cremin discloses a “means to date stamp each data transfer to make it a
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`unique transaction.” Ex. 1011, 3:25-26, 13:14-17, 20:3-4. A person of ordinary skill in
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`the art would have understood that this means is a real-time clock circuit because real-
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`time clock circuits were how integrated circuits kept time. My understanding is
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`confirmed by Tamada, Ex. 1012, 5:14-19. (“Timer circuit section 32 comprises
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`frequency divider 321 which frequency divides a clock of 32.768 kHz output from
`
`oscillator 33, and generates a one-second clock, and first and second timer circuits
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`which generate time-piece data consisting of year-month-date data”), and my
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`discussion of the Intel 8051 microprocessor, above. So, in the context of the claims,
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`Cremin discusses a first portable module (the consumer card) comprising a first real
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`time clock circuit (means to date stamp each data transfer) for time stamping (date
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`stamping) transactions and a substantial unique electronically readable identification
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`number (the card serial number). Thus, it is my opinion that Cremin discloses “a
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`first portable module comprising: . . . a first real time clock circuit for time
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`stamping data transactions . . . a substantially unique electronically readable
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`identification number readable by said input/output circuit; and a memory
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`control circuit in electrical communication with . . . said real time clock.” The
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`trader card also includes microcomputer 10, which includes the means to time or date
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`stamp the transaction. Id. at claims 6 and 7. Thus, it is my opinion that Cremin
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`discloses “said secure microcontroller comprising: . . . a second real time clock
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`circuit in communication with said microcontroller.” It is also my opinion that
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`it would have been obvious to a person of ordinary skill in the art to use a real-
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`time clock circuit as the “means to date stamp each data transfer” of Cremin
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`because doing so would not have resulted in any unexpected results because
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`real-time clock circuits were the routine and conventional way to keep time.
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`1. Tamada discloses a counter for maintaining a transaction
`count
`33. Cermin does not explicitly disclose using a counter to count a number of
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`transactions. Using a transaction number, however, was just another routine and
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`conventional way to identify transactions. For example, Tamada discloses using a
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`counter to count a transaction number to log transactions. Ex. 1012, 3:41-53. Tamada
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`discloses that the transaction count maintained by the counter can be used to increase
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`security. Ex. 1012, 8:3-56. It is my opinion that it