IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`In re Patent of: Darbee
`
`Patent No.: 5,414,761
`
`Filed: Oct. 8, 1993
`
`Declaration of
`
`Stephen D. Bristow
`
`In Support of the Petition for Inter
`Partes Review of U.S. Patent No.
`
`Issued: May 9, 1995
`
`5,414,761
`
`Assignee: Universal Electronics Inc.
`
`Title: REMOTE CONTROL
`
`SYSTEM
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`DECLARATION OF STEPHEN D. BRISTOW
`
`Background and Qualifications
`
`1. My name is Stephen D. Bristow.
`
`I am a working consulting
`
`engineer for consumer electronic devices.
`
`2.
`
`I earned my Masters of Science in Electrical Engineering from
`
`University of Santa Clara in 1985.
`
`I received my Bachelor of Science in
`
`Electrical Engineering and Computer Science from the University of
`
`Universal Remote Control Exhibit 1013: Page 1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`In re Patent of: Darbee
`
`Patent No.: 5,414,761
`
`Filed: Oct. 8, 1993
`
`Declaration of
`
`Stephen D. Bristow
`
`In Support of the Petition for Inter
`Partes Review of U.S. Patent No.
`
`Issued: May 9, 1995
`
`5,414,761
`
`Assignee: Universal Electronics Inc.
`
`Title: REMOTE CONTROL
`
`SYSTEM
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`DECLARATION OF STEPHEN D. BRISTOW
`
`Background and Qualifications
`
`1. My name is Stephen D. Bristow.
`
`I am a working consulting
`
`engineer for consumer electronic devices.
`
`2.
`
`I earned my Masters of Science in Electrical Engineering from
`
`University of Santa Clara in 1985.
`
`I received my Bachelor of Science in
`
`Electrical Engineering and Computer Science from the University of
`
`Universal Remote Control Exhibit 1013: Page 1
`
`
`
`California at Berkeley, where I was a Regents Scholar.
`
`3.
`
`I have worked as an engineer and supervised the engineering of
`
`consumer electronics products, such as interactive games, since l973. In
`
`particular I have developed remote control products at Atari, Machina,
`
`Radica, and as a consultant for Worlds of Wonder (Lasertag).
`
`4.
`
`I have authored a paper for IEEE on the history of video games.
`
`I
`
`am named inventor of over twenty patents in the consumer electronics fields.
`
`5. My qualifications are further detailed in my latest curriculum vitae
`
`(C.V.), attached as Appendix A.
`
`Status as Independent Expert Witness
`
`6.
`
`I have been retained in this matter by Universal Remote Control,
`
`Inc. (“Petitioner” or “URC”) to provide an analysis of the scope and content
`
`of U.S. Patent No. 5,414,761 (hereinafter the “‘76l patent”) relative to the
`
`state of the art at the time of the earliest application underlying the ‘761
`
`Patent.
`
`I have also been retained to provide analysis regarding what a
`
`person of ordinary skill in the art related to universal remote control devices
`
`would have understood at the time of the earliest application underlying the
`
`‘761 patent.
`
`7.
`
`I am being compensated at the rate of $275 per hour for my work.
`
`My fee is not contingent on the outcome of any matter or on any of the
`
`Universal Remote Control Exhibit 1013: Page 2
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`
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`technical positions I explain in this declaration.
`
`I have no financial interest
`
`in Petitioner.
`
`8.
`
`I have been informed that Universal Electronics Inc. (hereinafter
`
`referred to as “Patent Owner”) is asserting claims 1, 9, 10, and 14-17 the
`
`‘761 Patent. I have no financial interest in the Patent Owner or the ‘761
`
`patent.
`
`Description of the Relevant Field and the Relevant Timeframe
`
`9.
`
`I have carefully reviewed the ‘76l Patent.
`
`10.
`
`For convenience, all of the documents that I considered in arriving
`
`at my opinions is listed in Appendix B,
`
`1 1.
`
`Based on my review of these materials, I believe that the relevant
`
`field for purposes of the ‘761 Patent is remote controls and consumer
`
`electronics. I have been informed that the relevant timeframe runs from
`
`around 1986 and through 1990.
`
`12.
`
`As described in above, I have extensive experience in the relevant
`
`field, including experience relating to wireless communications, consumer
`
`electronics and remote controls. Based on my experience, I have an
`
`established understanding of the relevant field in the relevant timeframe.
`
`Universal Remote Control Exhibit 1013: Page 3
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`
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`The Person of Ordinary Skill in the Relevant Field in the Relevant
`Timeframe
`
`13.
`
`I have been informed that “a person of ordinary skill in the relevant
`
`field” is a hypothetical person to whom an expert in the relevant field could
`
`assign a routine task with reasonable confidence that the task would be
`
`successfully carried out. A person of ordinary skill in the art, at the time of
`
`the priority date of the ‘76l patent was filed would have a Bachelors degree
`
`in Electrical Engineering or Computer Science or the equivalent education,
`
`and training in consumer electronics and remote control systems including at
`
`least 2 years of practical experience. Alternatively, one of skill in the art would
`
`have 10 years of relevant experience in the design of remote control systems
`
`and their use in the consumer electronics industry with a lower degree level
`
`such as a technical school, AA degree or military training.
`
`14.
`
`Based on my experience, I am at least a person of ordinary skill in
`
`the relevant field. I have also supervised, directed, and instructed many such
`
`persons over the course of my career.
`
`Background of the Technology
`
`15.
`
`Remote control technology of consumer electronic devices was
`
`around for a long time, with the first wireless remote controls available in
`
`the late 1950s. A variety of technologies for communicating with devices
`
`such as televisions have been used, including ultrasonic sound, infrared
`
`Universal Remote Control Exhibit 1013: Page 4
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`
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`light, radio frequency (RF).
`
`16.
`
`The early remote controls were dedicated to control the particular
`
`devices. With the availability of low cost microprocessors the number of
`
`consumer electronic devices using remote control technology became
`
`common. This resulted in many consumers having a large number of
`
`dedicated remotes which cluttered the coffee table. By the mid 1980s
`
`universal remote controls which allowed a single remote to control multiple
`
`devices were marketed.
`
`17. A universal remote needs to be programmed to work with the
`
`various devices. One way to program a universal remote is to have it learn
`
`the signals from the dedicated remote controllers of the devices to be
`
`controlled. The learned codes can be used later by the universal remote to
`
`reproduce the specific signal used by the dedicated remotes. Thus, the
`
`universal remote has to remember the learned codes, which was achieved by
`
`using non—volatile, read—write memory, such as a battery—backed RAM. If
`
`that battery fails, however, the data would be lost.
`
`l8.
`
`By the mid 1970s microprocessors became commonly available
`
`and cost effective. At the same time personal computers were also
`
`becoming available. For example, the microprocessor based Atari 400/800
`
`Home Computer was introduced to the public 1979.
`
`Universal Remote Control Exhibit 1013: Page 5
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`
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`19.
`
`These computers incorporated communication technologies like
`
`serial ports and parallel ports, e.g., for printers. By 1984, both internal and
`
`external telephone modems were also available for sending and receiving
`
`digital data over telephone lines. For example, the Radioshack/Tandy TRS
`
`100 portable computer incorporated an internal telephone modem, a
`
`keyboard, a display and communication ports for printers and other devices.
`
`20.
`
`The electronics industry developed various standards for
`
`communication between microprocessor based devices. The ASCII
`
`standard, for example, defined how characters were digitally represented.
`
`The RS-232 standard defined a two—way wired communication technique
`
`that used separate signal lines for sending, for receiving, and for control.
`
`2 l.
`
`The RS-232 standard commonly uses +9V and -—9V for signaling.
`
`Later standards such as the USB standards use 5V and 0V signal levels in
`
`order to be compatible with common microprocessor and logic circuits. In
`
`order for using the RS-232 standard to communicate with those common
`
`microprocessor and logic circuits, the signaling levels must be shifted
`
`between +/-9V and 5/OV by a so-called “level shifter” circuit.
`
`22.
`
`The RS-232 standard does not define what information is sent and
`
`how that information is to be interpreted. Those require software at both end
`
`of the RS-232 link.
`
`Universal Remote Control Exhibit 1013: Page 6
`
`
`
`The ‘761 Patent
`
`23.
`
`The ‘761 patent discloses a microprocessor—based universal remote
`
`controller. The remote has a battery—backed RAM to store control codes,
`
`including infrared codes and signaling formats for the operation of the
`
`remote.
`
`24.
`
`The ‘76l patent teaches two ways for loading instructions and data
`
`into the RAM. The first one, shown in FIG. 10, uses a special connector
`
`(204) that gives the programming computer (200) direct access to the RAM.
`
`In this way, the programming computer can load any instructions and data
`
`directly to the RAM without any assistance from the remote’s
`
`microprocessor. The patent does not describe any specific software for this
`
`loading operation.
`
`25.
`
`The second way of loading instructions and data into the RAM
`
`uses the microprocessor of the remote. An RS-232 connection can send and
`
`receive data streams using voltage level shifters to provide connection to the
`
`microprocessor, as shown in FIGS. 9B, 20, 21, 22. FIG. 21 illustrates a
`
`level shifter for the transmission of data from the microprocessor of the
`
`remote to the RS-232 connector (using +/—9V). FIG. 22 illustrates the
`
`corresponding level shifter for the reception from the RS-232 connector.
`
`FIG. 9B illustrates the connections to the receiving and transmitting ports of
`
`Universal Remote Control Exhibit 1013: Page 7
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`
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`the microprocessor.
`
`26.
`
`In this way, the programming computer, through the CPU of the
`
`remote controller, can update the code data and instructions in the remote’s
`
`RAM. The ‘76l patent discloses that this operation requires a serial port
`
`driver, but does not describe how that driver operates. See 9:44-9:64.
`
`27.
`
`I understand that the ‘76l patent is a continuation of U.S. Pat. No.
`
`5,255,313 (“the ‘3 l3 patent”) which is a continuation of U.S. Pat. No.
`
`5,228,077 (“the ‘077 patent”) which is a continuation—in—part of U.S. Pat.
`
`No. 4,959,810 (“the ‘8l0 patent”).
`
`28.
`
`Compared to the parent ‘8l0 patent, the ‘3 l3, ‘077, and ‘76l
`
`patents disclose additional subject matter (FIGS. 23-26) that is related to a
`
`data transmission system in which the remote control is coupled to a remote
`
`computer through a telephone line using an external modem (FIGS. 23 and
`
`24) or an internal modem (FIG. 26) or through a television signal using a
`
`VBI decoder (FIG. 25).
`
`In FIGS. 23 and 24 a uni—directional, listen only
`
`modem is used. In FIG. 25, a VBI decoder is used, which is also
`
`unidirectional since it only receives the television signal. FIG. 26 illustrates
`
`an internal modem which uses the ISDN protocol. See the ‘761 patent at
`
`20:61-21:58, and FIGS. 23-26.
`
`29.
`
`Compared to the parent ‘077 and ‘8l0 Patents, the ‘3 l3 and ‘76l
`
`Universal Remote Control Exhibit 1013: Page 8
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`
`
`patents add further subject matter that is related to “periodically coupling the
`
`computer to the remote control” and is not disclosed to skilled artisan in the
`
`parent ‘077 and ‘E310 Patents. See the ‘761 patent at Abstract, 2:25-27, and
`
`2:55-57.
`
`Claim Interpretation
`
`30.
`
`The ‘761 patent has expired. In proceedings before the USPTO, I
`
`understand that the claims of an expired patent are not given their broadest
`
`reasonable interpretation in View of the specification from the perspective of
`
`one skilled in the art. Unless otherwise indicated, I used the terms of the
`
`‘761 patent in their ordinary and customary sense as one skilled in the
`
`relevant field would understand them.
`
`31.
`
`For example, the term “periodically coupling” would be
`
`understood by skilled artisans at the time as coupling that happens
`
`repeatedly at regular intervals. Or “instructions codes” was understood to
`
`refer codes to operate the remote.
`
`32.
`
`Asserted claims 1 and 14-17 of the ‘761 patent recite “input means
`
`for inputting commands into [the/said] remote control.”
`
`In the ‘761
`
`patent,
`
`the function of inputting commands into the remote control
`
`is
`
`performed by a set of keys or push buttons, a keyboard circuit (62), and the
`
`CPU (56) programmed to scan row lines (121—128) as shown, e.g.,
`
`in
`
`Universal Remote Control Exhibit 1013: Page 9
`
`
`
`FIG. 9B and described in the specification, e. g., at 6:61-7:4 and 7:54-8:16.
`
`33. Asserted claims 1 and 14-17 of the ‘76l patent recite “infrared
`
`signal output means [. . .] for supplying an infrared signal to a controlled
`
`device.” This function is performed by a structure that includes IR lamp
`
`driver circuitry connected to CPU (56) and corresponding LEDS (1, 2, 3) as
`
`shown, e.g., in FIGS. 7 and 9B, and described in the specification, e.g., at
`
`6:34-47 and 9:22-23.
`
`34.
`
`Claim 1 of the ‘761 patent recites “data coupling means including
`
`receiving means coupled to the CPU for enabling at least one of (a)
`
`instruction codes or (b) code data for creating appropriate IR lamp driver
`
`instructions
`
`to be supplied from outside the remote control through the
`
`receiving means directly to the CPU for direct entry to the memory.” This
`
`data coupling function is performed by a structure that includes a terminal
`
`(3) of a serial receiving port coupled directly to an input port (112) of the
`
`CPU (56) as shown, e. g., in FIG. 9B and described in the specification, e. g.,
`
`at 9:11-21 and 9:40-43.
`
`35.
`
`This “data coupling means” must include the microprocessor
`
`instructions on how to receive, recognize, and interpret or process the
`
`instruction codes or IR code data to be received, and to load that data into
`
`the RAM. For example, the IR code data may be compressed or
`
`Universal Remote Control Exhibit 1013: Page 10
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`
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`uncompressed, directed to a specific location in the RAM or directed to a
`
`specific function where the processor needs to find the corresponding
`
`memory locations, or may be directed to a range or block addresses of
`
`memory locations. The ‘761 patent, however, does not disclose how the
`
`code data is processed.
`
`36.
`
`Claims 14 and 15 of the ‘761 patent recite “data coupling means
`
`for periodically coupling said computer to said remote control for receiving
`
`from said computer memory and inputting into said memory means of said
`
`remote control at least one of (a) said instruction codes or (b) said code data
`
`for creating appropriate IR lamp driver instructions,” and claims 16 and 17
`
`recite “data coupling means for periodically coupling said computer to said
`
`remote control for receiving from said computer memory and inputting into
`
`said memory means of said remote control said instruction codes.”
`
`37.
`
`The ‘761 Patent discloses that these functions are performed by a
`
`structure that includes a terminal (3) of a serial receiving port coupled
`
`directly to an input port (1 12) of the CPU (56) as shown, e. g., in FIG. 9B
`
`and described in the specification, e. g., at 9:11-21 and 9:40-43. As
`
`discussed above, this “data coupling means” “must also include the
`
`microprocessor instructions on how to receive, recognize, and interpret or
`
`process the specific “instruction codes” or “code data,” but the ‘761 does not
`
`Universal Remote Control Exhibit 1013: Page 11
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`
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`disclose such software.
`
`38.
`
`The data coupling means also needs structure, e. g., software, for
`
`periodically coupling the computer to the remote control. No such structure
`
`is disclosed in the ‘76l patent. The ‘76l patent is silent about how the
`
`“periodical” coupling happens, how often it happens, is it initiated by the
`
`computer or the remote, what protocol is used, etc. None of those aspects
`
`are disclosed in the ‘76l patent. Instead, the ‘76l patent discloses that the
`
`processor can turn itself off and wake up by a key depression on the remote
`
`or input at the serial port- When off, the processor is not keeping time and
`
`cannot periodically couple to the computer. 7: 13-43 and FIG. 9B.
`
`39.
`
`Claim l of the ‘76l patent recites “coupling means for coupling
`
`the receiving means to a computer, directly,
`
`through a telephone line,
`
`through a modem and a telephone line, or through decoding means and a
`
`television set” and claims 15 and 17 recite “said data coupling means for
`
`coupling said remote control to said computer, directly, through a telephone
`
`line, through a modem and a telephone line, or through decoding means and
`
`a television set.”
`
`40.
`
`In claim 1, the function of the “coupling means” is coupling the
`
`receiving means to a computer, (i) directly, (ii) through a telephone line,
`
`(iii) through a modem and a telephone line, or (iv) through decoding means
`
`Universal Remote Control Exhibit 1013: Page 12
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`
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`and a television set.
`
`In claims 15 and 17, the remote control
`
`is recited
`
`instead of the “receiving means” of the remote control. The functions (i),
`
`(ii), (iii) and (iv) are alternatives.
`
`The ‘761 Patent discloses that these
`
`functions are performed by a structure that includes terminals (1-3) of a
`
`serial port coupled directly to ports (112, 121) of the CPU (56) as shown,
`
`e.g.,
`
`in FIG. 9B and described in the specification, e.g., at 9:11-21 and
`
`9:40-43.
`
`(EX. 1001).
`
`The structure also includes a cable with a first
`
`connector to the remote and a second connector for connecting to (i) a
`
`computer directly, (ii) a telephone line, (iii) a modem, or (iv) through a VBI
`
`decoder to a television set as shown in (i) FIGS. 20-22, (ii) FIG. 26, (iii)
`
`FIGS. 23 and 24, and (iv) FIG. 25, respectively, and described in the
`
`specification at corresponding parts at 19:43-21:58.
`
`Unpatentability Based on Prior Art in the Present Proceedings
`
`41. As I note above, it is my understanding that the ‘761 patent adds
`
`new material to the parent ‘8l0 and ‘077 patents, and is not entitled to
`
`priority earlier than its September 24, 1990, filing date. It is my
`
`understanding that all of the art discussed below qualifies as prior art in view
`
`of this September 1990 date.
`
`42.
`
`I have been informed that a patent claim can be found unpatentable
`
`as anticipated when each and every claim limitation is found within a single
`
`Universal Remote Control Exhibit 1013: Page 13
`
`
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`reference or is a necessary part of a claim limitation.
`
`43.
`
`I have been informed that a patent claim can be found unpatentable
`
`as obvious where the differences between the subject matter sought to be
`
`patented and the prior art are such that the subject matter as a whole would
`
`have been obvious at the time the invention was made to a person having
`
`ordinary skill in the relevant field. I understand that an obviousness analysis
`
`involves a consideration of (1) the scope and content of the prior art; (2) the
`
`differences between the claimed inventions and the prior art; (3) the level of
`
`ordinary skill in the pertinent art; and (4) secondary considerations of non-
`
`obviousness.
`
`44. My analysis of these considerations is set forth in the following
`
`sections.
`
`The Wozniak , CS-232 Manual and Hastreiter render obvious claim 13
`of the ‘761 patent.
`
`45.
`
`The Wozniak patent (U.S. Pat. No. 4,918,439) issued on April 17,
`
`1990, and claims priority to an application filed on June 23, 1987. It is my
`
`understanding that Wozniak is prior art to claims 1, 9, 10 and 14-17 of the
`
`‘761 patent.
`
`46. Wozniak discloses a remote control device that can be adapted to
`
`control multiple appliances, such as televisions, VCRs, stereos, etc. See
`
`Universal Remote Control Exhibit 1013: Page 14
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`
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`Wozniak at Abstract and FIG. 1 1.
`
`47.
`
`I understand that Wozniak’s remote control was discussed during
`
`prosecution of the parent ‘077 patent, and the applicants pointed to
`
`Wozniak’s disclosure at 8:39-46 and argued that Wozniak discloses only
`
`receiving “commands” through the telephone line, but does not enable
`
`receiving “code data for creating appropriate IR lamp driver instructions”
`
`through the serial receiving port.
`
`I disagree.
`
`48.
`
`For example, Wozniak expressly discloses that “data” in general
`
`can be received and loaded into memory by the universal remote from an
`
`external source. See Wozniak at 333:54—55 (“serial input means permitting
`
`data to be loaded into said memory means from said external source”). In
`
`order to load the data into memory, the processor has to know the specific
`
`locations in memory where the data is to be loaded. Since the IR code data
`
`is stored in that memory, Wozniak discloses to skilled artisans to load IR
`
`data into the remote. Furthermore, Wozniak also discloses that the processor
`
`of the remote can provide data from specific memory locations to an
`
`external computer. 8:53-61. Thus, the external computer can read from and
`
`write to the memory of the remote control.
`
`49.
`
`The Wozniak patent is assigned to a company named CL 9, Inc.
`
`which had a remote control product, called CORE, with a serial interface
`
`Universal Remote Control Exhibit 1013: Page 15
`
`
`
`(CS-232) whose manual was published in 1987 and 1988.
`
`50.
`
`The CS—232 manual “describes the procedures for using the CL9
`
`CS-232 serial interface cable to communicate between a computer or
`
`terminal and the CORE universal remote controller.” Id. at p. l. The
`
`CS—232 Manual expressly teaches that the CS—232 interface can be used to
`
`replace data, including IR codes, in the remote’s memory. Id. at pp. 5-7.
`
`51.
`
`In particular, the hexadecimal codes $21 and $23 provide the
`
`specific instructions for the IR code transmission, including how the data is
`
`structured, how fast it is sent, what the hardware protocol is, etc. Id. p. 6.
`
`See also p. 1. Thus, the CS-232 Manual expressly discloses an
`
`implementation of the protocol and processing instructions for the IR code
`
`data communication.
`
`52. As the CS-232 manual discloses an interface for the same
`
`company’s product (the CORE remote of CL 9) that is described in the
`
`Wozniak patent, skilled artisans understood that combining the teaching of
`
`these references was obvious at the time since the CS—232 manual provides
`
`the details of how the serial port of Wozniak worked.
`
`53.
`
`The ‘761 patent discloses a “uniquely designed” keyboard circuit
`
`that uses diodes between row and column lines of the keyboard. See the
`
`‘761 patent at FIG. 9B and 8: 10-16. Wozniak has the traditional matrix
`
`Universal Remote Control Exhibit 1013: Page 16
`
`
`
`keyboard circuit. Hastreiter teaches an alternative, which is substantially the
`
`same as the “uniquely designed” keyboard circuit of the ‘761 patent.
`
`Hastreiter teaches that its design is “for minimizing the required number of
`
`interconnections with a microprocessor or other apparatus with which a
`
`keyboard is used.” Hastreiter at FIGS. 1, 2 and 1:5—l 1. Thus, skilled
`
`artisans at the time understood that Hastreiter’s keyboard circuit can be used
`
`in Wozniak’s remote to minimize the connections to the microprocessor.
`
`54.
`
`In my opinion, Wozniak in view of the CS—232 Manual and
`
`Hastreiter render obvious claims 1, 9, 10, and 14-17 of the ‘761 patent.
`
`Claim 1
`
`55.
`
`In my opinion, Wozniak discloses a universal remote control
`
`system with data coupling. See Wozniak, Col. 1, ll. 7-9. See also FIGS. 11,
`
`4a and 4c, 9:3—6, 6:13-20, 8:53-57, 333:39—55.
`
`56.
`
`In my opinion, Wozniak in combination with Hastreiter renders
`
`obvious the claimed input means. Supra at 1153.
`
`57.
`
`In my opinion, Wozniak discloses the claimed infrared signal
`
`output means that includes LEDs CR4 and CR5 and their driver circuitry 21.
`
`See Wozniak, Col. 6, ll.13—20, Col. 6, ll. 1-4, and FIG. 7d.
`
`58.
`
`In my opinion, Wozniak discloses the claimed CPU as
`
`microprocessor U1 that is coupled to input panel 11 and the infrared driving
`
`Universal Remote Control Exhibit 1013: Page 17
`
`
`
`circuitry. See Wozniak Col. 5, 11. 44-47 and Col. 6, ll.13—20.
`
`59.
`
`In my opinion, Wozniak discloses the claimed memory as RAM
`
`U2 that is coupled to the CPU in microprocessor U1. See Wozniak Col. 6,
`
`ll.13—20.
`
`60.
`
`In my opinion, Wozniak in combination with CS-232 renders
`
`obvious the claimed data coupling means. Supra at 111146-52. See also
`
`Wozniak at C01. 333, 11. 39-55, Col. 7 1. 63—Col. 8 l. 59, FIG. 7b; and CS-232
`
`manual at pp. 1, 5 and 7.
`
`61.
`
`In my opinion, Wozniak in combination with CS-232 renders
`
`obvious the claimed data transmission system and coupling means. Supra at
`
`111146-52. See also Wozniak at Col. 8, 11. 39-41, Col. 8, l. 62—Col. 9, 1. 2, Col.
`
`9, 11. 3-6, FIGS. 4a and 4c, C01. 333 at 56-57, C01. 334 at 45-57; and CS-232
`
`manual at p. 16.
`
`62.
`
`Because both the ‘761 patent and CS-232 build on the standard
`
`features of the RS~232 ports at the time in combination with standard
`
`voltage level shifting circuitry, the CS-232 serial port is equivalent to the
`
`interface circuits shown in FIGS. 21 and 22 of the ‘761 patent.
`
`63. As the CS-232 manual discloses an interface for the same product
`
`that is also described in the Wozniak patent, skilled artisans understood at
`
`the time that combining the teaching of these references was obvious.
`
`Universal Remote Control Exhibit 1013: Page 18
`
`
`
`Claim 9
`
`64. As discussed above with reference to claim 1, it is my opinion that
`
`Wozniak and CS—232 disclose the claimed coupling cable (supra at 1161)
`
`Claim 10
`
`65.
`
`As discussed above with reference to claim 1, it is my opinion that
`
`Wozniak and CS—232 disclose the claimed memory (supra at 1159)
`
`Claims 14-17
`
`66.
`
`For the reasons discussed above with reference to claim 1, it is my
`
`opinion that Wozniak and CS—232 disclose the claimed universal remote
`
`with the coupled computer (supra at 1155).
`
`67. As discussed above with reference to claim 1, it is my opinion that
`
`Wozniak disclsoes IR signal output means (supra at 115 7), CPU (supra at
`
`115 8), and memory (supra at 1159). Wozniak and Hastreiter also disclose the
`
`claimed input means (supra at f[56), and Wozniak and CS—232 disclose the
`
`claimed data coupling means (supra at 1160), and data transmission system
`
`(supra at 111161-62).
`
`68.
`
`Skilled artisans at the time also understood that Wozniak’s system
`
`allows periodically coupling the computer to the remote control, since the
`
`computer could be programmed to periodically couple to the remote, e. g.,
`
`while the remote is on the cradle.
`
`Universal Remote Control Exhibit 1013: Page 19
`
`
`
`69.
`
`For the reasons discussed above, claims 14-17 was obvious to
`
`skilled artisans at the time in light of the teachings of Wozniak, Hastreiter,
`
`and CS—232.
`
`Claim 1, 9, 10, and 14-17 of the ‘76] patent are unpatentable as obvious
`over Ciarcia in View Hastreiter
`
`70.
`
`Steve Ciarcia’s article, entitled “Build a Trainable Infrared Master
`
`Controller,” teaches how to make an “infrared Master Controller that takes
`
`charge of all your gadgets, [and] can prevent ‘controller clutter.’” BYTE
`
`March 1987 at p. 113. The Master Controller includes an “Intel 8031 single-
`
`chip microprocessor” and the “menus and IR signals are stored in a single
`
`32K—byte battery—backed static RAM.” Id. at p. ll-4. “The Master
`
`Controller uses an IBM PC
`
`connected to the Master Controller via an RS-
`
`232 interface
`
`After
`
`each function is “taught” and tested..., the
`
`completed menu and synthesis data are then uploaded to the IBM PC and
`
`stored on disk (in case you want to load it into another Master Controller or
`
`add another device later without retraining all of them)?’ Id.
`
`71.
`
`In these sections, Ciarcia teaches skilled artisans to use a serial
`
`(RS-232) interface to load synthesis data (including IR data) into a remote
`
`controller as required by the ‘76l patent. Skilled artisans also understood
`
`that the data stored on the disk can be used not just for another device which
`
`Universal Remote Control Exhibit 1013: Page 20
`
`
`
`has not been trained, but for the same device itself in case the remote control
`
`lost the data, for example, when the power backup circuit fails.
`
`72.
`
`The ‘761 patent discloses a “uniquely designed” keyboard circuit
`
`that uses diodes between row and column lines of the keyboard. See the
`
`‘761 patent at FIG. 9B and 8: 10-16. Ciarcia has the traditional matrix
`
`keyboard circuit. Hastreiter teaches an alternative, which is substantially the
`
`same as the “uniquely designed” keyboard circuit of the ‘761 patent.
`
`Hastreiter teaches that its design is “for minimizing the required number of
`
`interconnections with a microprocessor or other apparatus with which a
`
`keyboard is used.” Hastreiter at FIGS. 1, 2 and 125-11. Thus, skilled
`
`artisans at the time understood that Hastreiter’s keyboard circuit can be used
`
`in Ciarcia’s remote to minimize the connections to the microprocessor.
`
`73.
`
`In my opinion, Ciarcia in view of Hastreiter render obvious
`
`claims 1, 9, 10, and 14-17 ofthe ‘76l patent.
`
`Claim 1
`
`74.
`
`In my opinion, Ciarcia discloses a universal remote control system
`
`in which one “Master” remote can control multiple devices. See Ciarcia at
`
`p. 113 and Photo 1.
`
`75.
`
`In my opinion, Ciarcia in combination with Hastreiter renders
`
`obvious the claimed input means. Supra at 1172.
`
`Universal Remote Control Exhibit 1013: Page 21
`
`
`
`76.
`
`In my opinion, Ciarcia discloses the claimed infrared signal
`
`output means that includes TIL 39 infrared LEDS and their driver circuitry
`
`including a field effect transistor. See Ciarcia at p. 115 an FIG. 1 at pp. 118
`
`and 119.
`
`77.
`
`In my opinion, Ciarcia discloses the claimed CPU (Intel 8031
`
`microprocessor, ICl) that is coupled to the keyboard and the infrared driving
`
`circuitry. See Ciarcia at p. 114, Photo 2 and FIG. 1.
`
`78.
`
`In my opinion, Ciarcia discloses the claimed memory as 32K—byte
`
`memory RAM lCl 1 that is coupled to the CPU in microprocessor ICl. See
`
`Ciarcia at p. 114. See also FIG. 1 at pp. 116-117.
`
`79.
`
`In my opinion, Ciarcia discloses the claimed data coupling means.
`
`Supra at W70-71. See also Ciarcia at pp. 114, 119, 123 (Table 1), 116-118
`
`(FIG.1), 121 (Photo 4).
`
`80.
`
`In my opinion, Ciarcia discloses the claimed data transmission
`
`system and coupling means. Supra at 111170-71. See also Ciarcia at pp. 114,
`
`119, 123 (Table 1), 116-118 (FIG.1), 121 (Photo 4).
`
`81.
`
`Because both the ‘761 patent and Ciarcia build on the standard
`
`features of the RS-232 ports at the time in combination with standard
`
`voltage level shifting circuitry, the Ciarcia serial port is equivalent to the
`
`interface circuits shown in FIGS. 21 and 22 of the ‘761 patent.
`
`Universal Remote Control Exhibit 1013: Page 22
`
`
`
`Claim 9
`
`82. As discussed above with reference to claim 1, it is my opinion that
`
`Ciarcia discloses the claimed coupling cable (supra at 1179).
`
`Claim 10
`
`83. As discussed above with reference to claim 1, it is my opinion that
`
`Ciarcia discloses the claimed memory (supra at 1177).
`
`Claims 14-17
`
`84.
`
`For the reasons discussed above with reference to claim 1, it is my
`
`opinion that Ciarcia discloses the claimed universal remote with the coupled
`
`computer (supra at 1173).
`
`85. As discussed above with reference to claim 1, it is my opinion that
`
`Ciarcia disclsoes IR signal output means (supra at 1175), CPU (supra at 1176),
`
`and memory (supra at 1177), data coupling means (supra at 1178), and data
`
`transmission system (supra at 1179-80). Ciarcia and Hastreiter also disclose
`
`the claimed input means (supra at 1174).
`
`86.
`
`Skilled artisans at the time also understood that Ciarcia’s system
`
`allows periodically coupling the computer to the remote control, since the
`
`computer could be programmed to periodically couple to the remote.
`
`87.
`
`For the reasons discussed above, claims 14-17 was obvious to
`
`skilled artisans at the time in light of the teachings of Ciarcia and Hastreiter.
`
`Universal Remote Control Exhibit 1013: Page 23
`
`
`
`Availabiligg for Cross—Examination
`
`88.
`
`In signing this declaration, I recognize that the declaration may be
`
`filed as evidence in a contested case before the Patent Trial and Appeal
`
`Board of the United States Patent and Trademark Office. I also recognize
`
`that I may be subject to cross examination in the case and that cross
`
`examination will take place within the United States. If cross examination is
`
`required of me, I will cooperate to the best of my ability to appear for cross
`
`examination within the United States during the time allotted for cross
`
`examination.
`
`Right to Supplement
`
`89.
`
`I reserve the right to supplement my opinions in the future to
`
`respond to any arguments that the Patent Owner raises and to take into
`
`account new information as it becomes available to me.
`
`Jurat
`
`90.
`
`I declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to
`
`be true; and further that these statements were made with the knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title I8 of the United States
`
`Code.
`
`Universal Remote Control Exhibit 1013: Page 24
`
`
`
`91.
`
`I declare under penalty of perjury that the foregoing is true and
`
`COITCCL
`
`
`
`Date: July 1, 2014
`
`Universal Remote Control Exhibit 1013: Page 25
`
`
`
`Universal Remote Control Exhibit 1013: Page 26
`
`APPENDIX A
`
`Page 1
`
`
`
`Universal Remote Control Exhibit 1013: Page 27
`
`Page 2
`
`
`
`Universal Remote Control Exhibit 1013: Page 28
`
`Page 3
`
`
`
`Universal Remote Control Exhibit 1013: Page 29
`
`Page 4
`
`
`
`Universal Remote Control Exhibit 1013: Page 30
`
`Page 5
`
`
`
`Universal Remote Control Exhibit 1013: Page 31
`
`Page 6
`
`
`
`Universal Re
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