`Tel: 571-272-7822
`
`
`Paper 10
`Entered: August 29, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOHAWK RESOURCES LTD.,
`Petitioner,
`
`v.
`
`VEHICLE SERVICE GROUP, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00464
`Patent 6,983,196 B2
`____________
`
`
`Before SCOTT E. KAMHOLZ, LYNNE E. PETTIGREW, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
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`Universal Electronics Exhibit 2001, Page 1
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`I. INTRODUCTION
`Petitioner, Mohawk Resources Ltd., filed a corrected petition
`requesting an inter partes review of claims 39, 42–51, 53, 55–61, 63–65, 68,
`70, 71, 76, 77, 79, 84, 133–135, and 157 of U.S. Patent No. 6,983,196 B2
`(Ex. 1001, “the ’196 patent”). Paper 6 (“Pet.”). Patent Owner, Vehicle
`Service Group, LLC, did not file a preliminary response. We have
`jurisdiction under 35 U.S.C. § 314(a), which provides that an inter partes
`review may not be instituted “unless . . . the information presented in the
`petition . . . shows that there is a reasonable likelihood that the petitioner
`would prevail with respect to at least 1 of the claims challenged in the
`petition.”
`Upon consideration of the petition, we conclude the information
`presented shows there is a reasonable likelihood that Petitioner would
`prevail in showing the unpatentability of the challenged claims.
`Accordingly, we authorize an inter partes review to be instituted as to claims
`39, 42–51, 53, 55–61, 63–65, 68, 70, 71, 76, 77, 79, 84, 133–135, and 157 of
`the ’196 patent.
`
`A. The ’196 Patent
`The ’196 patent, titled “Electronically Controlled Vehicle Lift and
`Vehicle Service System,” describes a vehicle lift with an electronic control
`configured to control the raising and lowering of the lift and to display a
`variety of information regarding the operation of the lift. Ex. 1001,
`Abstract. One embodiment of a vehicle lift is shown in Figure 1 of the ’196
`patent, reproduced below:
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`Figure 1 illustrates vehicle lift 2 with two posts 4. Id. at 3:24–29.
`Carriages 7 move vertically along the posts. Id. at 3:29–31. Arms 8 with
`flip up adapters 10 extend from each carriage 7 and engage the underside of
`a vehicle to be lifted. Id. at 3:31–35. Control assembly 16 is located on one
`of the posts and includes a user interface comprising a display screen and
`key pad. Id. at 3:50–51, 4:28–35, Fig. 3. Control assembly 16 includes
`components for selectively controlling the raising and lowering of the
`moveable lift engagement structure (including arms 8) and for displaying
`data pertaining to operation, control, and maintenance of the lift. Id. at 7:6–
`27, 8:58–61.
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`3
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`B. Illustrative Claims
`Of the challenged claims, claims 39, 71, 79, 84, 133, and 157 are
`independent. Claims 39, 71, 84, and 157 are illustrative of the claimed
`subject matter:
`
`39. A vehicle lift comprising:
`
`a. a moveable lift engagement structure; and
`
`b. an electronic control configured to selectively control
`raising and lowering said moveable lift engagement structure
`based upon user input and configured to enable display of lift
`data regarding use of said lift.
`
`71. A vehicle lift comprising:
`
`a. a moveable lift engagement structure; and
`
`b. an electronic control comprising control logic
`operative to generate a signal indicative of a maintenance
`condition based upon predetermined criteria.
`
`84. A vehicle lift comprising:
`
`a. a moveable lift engagement structure; and
`
`b. an electronic control configured to monitor operation
`conditions, and to determine whether an operation fault
`condition exists based on the application of predetermined
`criteria to said operation conditions, and comprising control
`logic configured to control the raising and lowering of said
`moveable lift engagement structure in response to whether an
`operation fault condition has been determined to exist.
`
`157. A vehicle lift comprising:
`
`a. a frame work;
`
`b. a moveable lift engagement structure moveably
`supported by said frame work; and
`
`c. a communications port carried by said frame work.
`
`Id. at 19:15–20; 20:53–57; 21:34–43; 28:7–12.
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`C. Asserted Grounds of Unpatentability
`Petitioner contends that claims 39, 42–51, 53, 55–61, 63–65, 68, 70,
`71, 76, 77, 79, 84, 133–135, and 157 of the ’196 patent are unpatentable
`under 35 U.S.C. §§ 102 and 103 based on the following specific grounds:
`
`Reference[s]
`
`Kogyo1
`
`Kogyo
`Kogyo and
`de Bellefeuille2
`Kogyo and SEFAC3
`Kogyo and Chu4
`
`Basis
`
`§ 102(b)
`
`§ 103(a)
`
`§ 103(a)
`§ 103(a)
`§ 103(a)
`
`Challenged Claims
`39, 42, 44–51, 53, 55, 57–61, 63–65,
`71, 76, 79, 84, 133–135, and 157
`39, 42, 44–51, 53, 55, 57–61, 63–65,
`71, 76, 79, 84, 133–135, and 157
`43, 68, and 70
`56 and 77
`157
`
`II. ANALYSIS
`
`A. Claim Construction
`As a step in our analysis for determining whether to institute a review,
`we determine the meaning of the claims for purposes of this decision. In an
`inter partes review, we construe claim terms in an unexpired patent
`
`1 Japanese Patent Appl. Publ’n H8-333093, published Dec. 17, 1996 (Ex.
`1003, “Kogyo”). Citations to this reference are to its English translation
`(Ex. 1004).
`2 U.S. Patent No. 6,285,932 B1, issued Sept. 4, 2001 (Ex. 1006, “de
`Bellefeuille”).
`3 SEFAC Mobile Electromechanical Lift with Isolevelling System (Ex. 1007,
`“SEFAC”). Petitioner asserts that this user manual was publicly available at
`least as early as March 13, 1991. See Ex. 1008 (Linzer Decl.).
`4 German Patent Appl. DE 91 15 317, published Apr. 30, 1992 (Ex. 1009,
`“Chu”). Unless otherwise indicated, citations to this reference are to its
`English translation (Ex. 1010).
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`according to their broadest reasonable construction in light of the
`specification of the patent in which they appear. 37 C.F.R. § 42.100(b).
`Consistent with the broadest reasonable construction, claim terms are
`presumed to have their ordinary and customary meaning as understood by a
`person of ordinary skill in the art in the context of the entire patent
`disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir.
`2007). An inventor may provide a meaning for a term that is different from
`its ordinary meaning by defining the term in the specification with
`reasonable clarity, deliberateness, and precision. In re Paulsen, 30 F.3d
`1475, 1480 (Fed. Cir. 1994).
`Petitioner proposes constructions for several claim terms. Pet. 9–10.
`We address below the claim terms relevant to this decision; no other terms
`require express construction at this stage of the proceeding.
`
`1. “moveable lift engagement structure”
`Petitioner proposes that this claim term be construed as “[v]ertically
`movable parts of a vehicle lift which engage a vehicle in a manner so as to
`move the vehicle vertically in either direction.” Pet. 9. For purposes of this
`decision, we adopt Petitioner’s construction, which is identical to the
`meaning of “moveable lift engagement structure” expressly provided in the
`’196 patent. See Ex. 1001, 4:9–12.
`
`2. “lift data”
`The ’196 patent provides that “[l]ift data as used herein includes any
`data relevant to the operation or control of the lift.” Ex. 1001, 13:46–48. As
`further explained in the ’196 patent, “lift data” includes usage data,
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`operation fault data, instructional data, troubleshooting data, and
`maintenance data. Id. at 13:52–64.
`Petitioner proposes that this claim term be construed as “[p]lurality of
`information pertaining to the operation and control of the lift, including
`usage, operational fault, instructional, troubleshooting, and maintenance
`data.” Pet. 10. This construction comports with the written description of
`the ’196 patent, except that Petitioner does not provide, nor do we discern,
`any basis for expressly including “plurality” in the construction. For
`purposes of this decision, we determine that the broadest reasonable
`construction of “lift data,” consistent with its use in the ’196 patent, is “data
`relevant to the operation or control of the lift, including usage data,
`operation fault data, instructional data, troubleshooting data, and
`maintenance data.”
`
`B. Anticipation by Kogyo
`Petitioner contends that claims 39, 42, 44–51, 53, 55, 57–61, 63–65,
`71, 76, 79, 84, 133–135, and 157 are unpatentable under 35 U.S.C. § 102(b)
`as anticipated by Kogyo. Pet. 11–43. To support its contention, Petitioner
`provides detailed analysis and claim charts explaining how each claim
`limitation allegedly is described in Kogyo. Id. Petitioner also cites the
`declaration of Dr. James H. Oliver (Ex. 1002) for support.
`
`1. Kogyo
`Figure 1 of Kogyo, reproduced below, illustrates a vehicle
`maintenance lift:
`
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`As shown in Figure 1, vehicle maintenance lift 1 includes cylinder device 3,
`which lifts chassis bearing portion 2. Ex. 1004 ¶ 9. Hydraulic unit 4,
`comprising hydraulic pump 7 and drive motor 8, controls the raising and
`lowering of cylinder device 3. Id. Data memory device 5 stores data
`pertaining to the operating conditions and usage status of the lift based on
`information detected by sensors (not shown in Figure 1) built in to various
`components of the lift, including chassis bearing portion 2, hydraulic pump
`7, and drive motor 8. Id. ¶¶ 10–12. Diagnostic device 6 displays data
`obtained from data memory device 5. Id. ¶ 12.
`Figure 2 of Kogyo provides a more detailed diagram of data memory
`device 5 and diagnostic device 6:
`
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`As shown in Figure 2, data memory device 5 includes control device 16
`(described as a central processing unit (CPU)) and analog-to-digital (A/D)
`converters 14 for converting data detected by sensors. Id. ¶ 11. Diagnostic
`device 6 includes arithmetic and control unit 18, display device 19, and input
`device 21 (e.g., a keyboard). Id. ¶ 12.
`When using the vehicle maintenance lift, an “operator operates a
`designated switch (not shown) to raise cylinder portion 22 of the cylinder
`device by means of hydraulic unit 4.” Id. ¶ 13. During operation, sampled
`data from the sensors falling outside of a range of preset reference values are
`counted and stored in memory as an “anomaly count.” Id. ¶ 14. Moreover,
`in the event of significantly different readings from pressure sensors on
`vehicle bearing portion 2, indicating an unbalanced load, “lift operation is
`immediately stopped.” Id. The operator can operate input device 21 to
`monitor and retrieve data pertaining to operating conditions and usage state
`of the lift as needed. Id. ¶¶ 15–16.
`
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`2. Claims 39, 42, 44–51, 53, 55, 57–61, and 63–65
`Independent claim 39 of the ’196 patent is directed to a “vehicle lift”
`comprising “a moveable lift engagement structure” and an “electronic
`control” configured to perform certain functions. Petitioner contends that
`Kogyo discloses both limitations. Pet. 11–13. Specifically, Petitioner
`asserts that Kogyo’s chassis bearing portion corresponds to the recited
`“moveable lift engagement structure.” Id. at 12–13. Petitioner further
`asserts that Kogyo’s data memory device, diagnostic device, sensors, A/D
`converters, CPU, and designated operator switch work together to provide
`the recited “electronic control.” Id. According to Petitioner, Kogyo
`discloses an electronic control that is “configured to selectively control
`raising and lowering said moveable lift engagement structure based upon
`user input” (via operation of Kogyo’s designated switch) and “to enable
`display of lift data regarding use of said lift” (display of information
`detected from various sensors on Kogyo’s display device 19), as recited in
`claim 39. Id.
`Petitioner also contends that Kogyo describes the additional
`limitations set forth in claims 42, 44–51, 53, 55, 57–61, and 63–65, which
`depend, directly or indirectly, from independent claim 39. Pet. 14–32. For
`example, Petitioner argues that Kogyo discloses “selection of specific lift
`data enabled for display . . . based on user input,” as recited in claim 42,
`because an operator of Kogyo’s system can send a command using input
`device 21 to retrieve and monitor data pertaining to operating conditions and
`usage state of the lift (i.e., lift data), whenever needed. Id. at 14–15 (citing
`Ex. 1004 ¶ 16).
`
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`With respect to dependent claim 44, Petitioner contends that Kogyo
`describes an “electronic control” that is “configured to monitor operation
`conditions” by sampling sensor data. Id. at 15–16 (citing Ex. 1004 ¶ 14).
`Further, Petitioner contends that Kogyo’s system includes “control logic . . .
`configured to modify operation of said lift, from the operation called for by
`said user input, based upon predetermined criteria applied to one or more
`operation conditions,” as recited in claim 44, because operation of Kogyo’s
`lift is stopped when monitored lift data indicate an unbalanced load. Id.
`(citing Ex. 1004 ¶ 14).
`Petitioner also argues that Kogyo discloses control logic “configured
`to generate a signal indicative of an operation fault condition based upon
`said predetermined criteria,” as recited in claim 45, because Kogyo describes
`two fault conditions (“anomaly count” and imbalanced load) that are based
`upon predetermined criteria (a range of preset reference values and a
`significant difference in sensor readings, respectively) and cause a signal to
`be generated (signal sent to memory to store the count and signal to stop lift
`operation, respectively). Id. at 16–17 (citing Ex. 1004 ¶ 14; Ex. 1002,
`¶¶ 58–59).
`Petitioner further argues that Kogyo discloses the limitations recited
`in dependent claims 60 and 61, including “control logic operative to
`generate a signal indicative of a maintenance condition,” and “wherein
`predetermined criteria is applied to lift data to determine whether a
`maintenance condition exists.” Pet. 27–29. Petitioner cites, for example,
`Kogyo’s description of sending a signal to memory indicating sampled data
`outside a range of preset reference values. Id. at 27–28 (citing Ex. 1004
`
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`¶ 14). According to Petitioner, Kogyo discloses that such a signal may
`indicate a maintenance condition:
`[A]n operator is able to retrieve data pertaining to the operating
`conditions and usage state of the lift stored in memory
`whenever needed, making it possible to predict and proactively
`prevent breakdowns and, in the event of a breakdown, to
`immediately ascertain the site and cause of the breakdown.
`This greatly facilitates maintenance.
`Id. at 28–29 (quoting Ex. 1004 ¶ 16).
`We also have considered Petitioner’s arguments and claim charts for
`dependent claims 46–51, 53, 55, 57–59, and 63–65. On the present record,
`we determine that the information presented shows a reasonable likelihood
`that Petitioner would prevail in demonstrating that claims 39, 42, 44–51, 53,
`55, 57–61, and 63–65 are unpatentable as anticipated by Kogyo.
`
`3. Claims 71, 76, 79, 84, and 133–135
`Independent claims 71, 79, 84, and 133 recite, in various
`combinations, limitations similar to those in claims 39, 42, 44, 45, 60, and
`61, addressed above. With reasoning similar to that discussed above,
`Petitioner contends that Kogyo discloses all the limitations of claims 71, 79,
`84, and 133. Pet. 32–39. Petitioner also presents arguments and claim
`charts for dependent claims 76, 134, and 135. Pet. 34, 39–41.
`Based on our review of Petitioner’s arguments and claim charts, we
`determine that the information presented shows a reasonable likelihood that
`Petitioner would prevail in demonstrating that claims 71, 76, 79, 84, and
`133–135 are unpatentable as anticipated by Kogyo.
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`4. Claim 157
`Claim 157 is directed to a vehicle lift and recites “a frame work” and
`“a moveable lift engagement structure moveably supported by said frame
`work.” The term “frame work” does not appear in the ’196 patent except in
`claim 157. Although Petitioner asserts that a “frame work” is taught by
`Kogyo’s cylinder device 3, Petitioner does not explain how Kogyo’s
`cylinder device 3 constitutes a “frame work” that “moveably support[s]” the
`moveable lift engagement structure. See Pet. 42. Because Petitioner has not
`provided sufficient support to demonstrate that Kogyo’s cylinder device
`discloses the recited “frame work,” we conclude that the information
`presented does not show a reasonable likelihood that Petitioner would
`prevail in demonstrating that claim 157 is unpatentable as anticipated by
`Kogyo.
`
`C. Obviousness over Kogyo
`Petitioner contends that claims 39, 42, 44–51, 53, 55, 57–61, 63–65,
`71, 76, 79, 84, 133–135, and 157 are unpatentable under 35 U.S.C. § 103(a)
`as obvious over Kogyo. Pet. 43–44. The crux of Petitioner’s argument is
`that “to the extent that Kogyo is seen as missing any element of any of these
`claims, each claim still would have been obvious to one of ordinary skill in
`the art as falling within that level of skill when combined with the teaching
`of Kogyo.” Id. at 44. The petition, however, does not identify any particular
`limitation of any particular claim that might be missing from Kogyo, nor
`does it provide any details as to why a person of ordinary skill in the art
`would have combined any missing element with the teachings of Kogyo.
`See id. at 43–44. Without any specific explanation regarding the alleged
`
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`obviousness of these claims, we are unable to conclude that the information
`presented shows a reasonable likelihood that Petitioner would prevail in
`demonstrating that claims 39, 42, 44–51, 53, 55, 57–61, 63–65, 71, 76, 79,
`84, 133–135, and 157 are unpatentable as obvious over Kogyo.
`
`D. Obviousness over Kogyo and de Bellefeuille
`Petitioner contends that claim 43, which depends from claim 42, and
`claims 68 and 70, which depend from independent claim 39, are
`unpatentable under 35 U.S.C. § 103(a) for obviousness over Kogyo and de
`Bellefeuille. Pet. 44–48. To support its contention, Petitioner provides an
`explanation of how each additional limitation in these claims allegedly is
`taught by de Bellefeuille. Id. Petitioner also provides a rationale for
`combining Kogyo with de Bellefeuille, relying on the analysis of Dr. Oliver.
`Pet. 45–48 (citing Ex. 1002 ¶¶ 187, 192).
`De Bellefeuille discloses a computerized vehicle servicing and
`diagnostic system. Ex. 1006, Abstract. Petitioner contends that de
`Bellefeuille teaches menu driven user input, as required by claim 43,
`because an operator can navigate de Bellefeuille’s system using a menu
`mode. Pet. 45–47 (citing Ex. 1006, 8:41–43). Petitioner also asserts that de
`Bellefeuille teaches an electronic control “configured to access another
`computer system through a network,” as recited in claim 68, because its
`vehicle sensors “are configured to communicate on an internal shop network
`or Intranet.” Pet. 47–48 (quoting Ex. 1006, 4:33–35). In addition, a user of
`de Bellefeuille’s system can access data relating to “alignment procedures,
`specific to both the vehicle and to the equipment for performing the
`alignment procedure,” which Petitioner contends corresponds to a control
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`“configured to enable display of service data,” as recited in claim 70.
`Pet. 47–48 (quoting Ex. 1006, 4:24–26).
`On the present record, we determine that Petitioner has shown
`sufficiently that de Bellefeuille teaches the additional limitations recited in
`claims 43, 68, and 70. We also determine that Petitioner has made a
`sufficient showing of articulated reasoning with rational underpinning for
`combining the teachings of de Bellefeuille and Kogyo. See Pet. 46 (stating
`that the combination “would provide the user with easier navigation when
`the control can perform multiple functions”); id. at 47 (stating that the
`combination “would provide the user with ready access to ‘data relating to
`the customer, the vehicle type, and vehicle problem information’” (quoting
`Ex. 1006, 4:22–23)). Accordingly, we conclude that the information
`presented shows a reasonable likelihood that Petitioner would prevail in
`demonstrating that claims 43, 68, and 70 are unpatentable for obviousness
`over Kogyo and de Bellefeuille.
`
`E. Obviousness over Kogyo and SEFAC
`Petitioner contends that claims 56 and 77 are unpatentable under
`35 U.S.C. § 103(a) for obviousness over Kogyo and SEFAC. Pet. 49–52.
`To support its contention, Petitioner provides an explanation of how each
`additional limitation in these claims allegedly is taught by SEFAC. Id.
`Petitioner also provides a rationale for combining Kogyo with SEFAC,
`relying on the analysis of Dr. Oliver. Pet. 50 (citing Ex. 1002 ¶ 201).
`Claim 56 depends from claim 55 and requires a first user interface
`configured to transmit user input to said electronic control (claim 55) and a
`second user interface configured to transmit user input to said electronic
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`control (claim 56). SEFAC is a user manual for an electromechanical lift,
`which includes a main control box and a secondary control box for
`controlling operation of the lift. Ex. 1007, 9.5 According to Petitioner, it
`would have been obvious to combine SEFAC’s teaching of two control
`boxes with Kogyo’s lift because the combination “would provide separate
`user interfaces for lift operation in two different locations on the lift, thereby
`facilitating the convenience of the operator,” which Kogyo teaches is
`desirable. Pet. 50.
`Claim 77 depends from claim 76 and requires the electronic control to
`permit movement of the lift structure in response to user input after
`movement has been inhibited “in response to the existence of a
`predetermined maintenance condition.” Petitioner asserts that this “manual
`override” feature is taught by SEFAC, which describes a procedure for a
`user to reinstate lift movement after operation has been halted due to a fault
`condition. Pet. 51–52 (citing Ex. 1007, 4). Petitioner contends one of
`ordinary skill in the art would have combined this feature with Kogyo to
`“enable removal of a vehicle from the lift to facilitate lift service after an
`automatic stop condition is triggered.” Id. at 52 (citing Ex. 1002 ¶¶ 207–
`08).
`
`On the present record, we determine that Petitioner has shown
`sufficiently that SEFAC teaches the additional limitations recited in claims
`56 and 77, and has provided sufficiently articulated reasoning with rational
`underpinning for combining the teachings of SEFAC and Kogyo.
`
`5 We refer to page numbers of the user manual rather than exhibit page
`numbers added by Petitioner.
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`Accordingly, we conclude that the information presented shows a reasonable
`likelihood that Petitioner would prevail in demonstrating that claims 56 and
`77 are unpatentable for obviousness over Kogyo and SEFAC.
`
`F. Obviousness over Kogyo and Chu
`Petitioner contends that claim 157 is unpatentable under 35 U.S.C.
`§ 103(a) for obviousness over Kogyo and Chu. Pet. 52–54. Chu discloses a
`vehicle lift, shown in Figure 1 of Chu (Ex. 1009, 6), reproduced below:
`
`
`Figure 1 of Chu illustrates a two-column vehicle lift with bases 12 and 22
`that slide vertically along vertical frames 1 and 2. Ex. 1010, 2.
`Petitioner relies on Chu for disclosing a “frame work,” as recited in
`claim 157. Pet. 52–54. On the present record, Petitioner has shown
`sufficiently that Chu describes a vehicle lift with a “frame work.” Chu’s
`frames 12 and 22 resemble posts 4, the support structure shown in Figure 1
`of the ’196 patent, and Chu’s bases 12 and 22 resemble arms 8, the
`moveable lift engagement structure in Figure 1 of the ’196 patent. Compare
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`Ex. 1004, Fig. 1, with Ex. 1001, Fig. 1. Moreover, Chu uses the word
`“frame” to describe its support structure. Ex. 1010, 2. For these reasons, we
`conclude that, for purposes of this decision, the broadest reasonable
`construction of “frame work” as used in claim 157 encompasses the frame
`structure illustrated in Chu.
`Petitioner further argues that the combination of Chu’s frame structure
`with Kogyo’s teachings, including a communications port, as recited in
`claim 157, for connection to a computer/control system, would have been
`obvious to one of ordinary skill in the art as the combination of well-known
`elements with no change in their functions. See Pet. 53–54 (citing KSR Int’l
`Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007)). Based on the record before
`us, we conclude that the information presented shows a reasonable
`likelihood that Petitioner would prevail in demonstrating that claim 157 is
`unpatentable under 35 U.S.C. § 103(a) over Kogyo and Chu.
`
`III. CONCLUSION
`For the foregoing reasons, we determine that the information
`presented establishes a reasonable likelihood that Petitioner would prevail in
`showing that claims 39, 42–51, 53, 55–61, 63–65, 68, 70, 71, 76, 77, 79, 84,
`133–135, and 157 of the ’196 patent are unpatentable. At this stage of the
`proceeding, the Board has not made a final determination with respect to the
`patentability of the challenged claims or any underlying factual and legal
`issues.
`
`18
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`IPR2014-00464
`Patent 6,983,196 B2
`
`
`IV. ORDER
`
`
`
`Accordingly, it is:
` ORDERED that pursuant to 35 U.S.C. § 314(a), an inter partes
`review is hereby instituted as to claims 39, 42–51, 53, 55–61, 63–65, 68, 70,
`71, 76, 77, 79, 84, 133–135, and 157 of the ’196 patent for the following
`grounds of unpatentability:
` A.
`Claims 39, 42, 44–51, 53, 55, 57–61, 63–65, 71, 76, 79, 84, and
`133–135 as anticipated under 35 U.S.C. § 102(b) by Kogyo;
` B.
`Claims 43, 68, and 70 for obviousness under 35 U.S.C. § 103(a)
`over Kogyo and de Bellefeuille;
` C.
`Claims 56 and 77 for obviousness under 35 U.S.C. § 103(a)
`over Kogyo and SEFAC; and
` D.
`Claim 157 for obviousness under 35 U.S.C. § 103(a) over
`Kogyo and Chu;
`
`FURTHER ORDERED that no other grounds set forth in the petition
`are authorized for inter partes review as to the claims of the ’196 patent; and
`
`FURTHER ORDERED that pursuant to 35 U.S.C. § 314(c) and
`37 C.F.R. § 42.4, notice is hereby given of the institution of a trial, which
`commences on the entry date of this decision.
`
`
`19
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`Universal Electronics Exhibit 2001, Page 19
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01084
`
`
`
`20
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`IPR2014-00464
`Patent 6,983,196 B2
`
`FOR PETITIONER:
`Richard P. Beem
`John R. Linzer
`Beem Patent Law Firm
`Richard@BeemLaw.com
`JLinzer@BeemLaw.com
`
`FOR PATENT OWNER:
`
`Ann G. Schoen
`Andrew B. Ulmer
`Edwin R. Acheson, Jr.
`Frost Brown Todd LLC
`aschoen@fbtlaw.com
`aulmer@fbtlaw.com
`eacheson@fbtlaw.com
`FBTIPLitigation@fbtlaw.com
`
`
`
`Universal Electronics Exhibit 2001, Page 20
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01084