IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Declaration of
`
`Stephen D. Bristow
`
`In Support of the Petition for Inter
`Partes Review of US. Patent No.
`
`5,255,313
`
`In re Patent of: Darbee
`
`Patent No.: 5,255,313
`
`Filed: Apr. 8, 1993
`
`Issued: Oct. 19, 1993
`
`Assignee: Universal E1ectronics Inc.
`
`Title: UNIVERSAL REMOTE
`
`CONTROL SYSTEM
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`PO. BOX 1450
`
`Alexandria, VA 22313—1450
`
`DECLARATION OF STEPHEN D. BRISTOW
`
`Back round and
`
`ualifications
`
`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
`
`Universal Remote Control Exhibit 1011: Page 1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Declaration of
`
`Stephen D. Bristow
`
`In Support of the Petition for Inter
`Partes Review of US. Patent No.
`
`5,255,313
`
`In re Patent of: Darbee
`
`Patent No.: 5,255,313
`
`Filed: Apr. 8, 1993
`
`Issued: Oct. 19, 1993
`
`Assignee: Universal E1ectronics Inc.
`
`Title: UNIVERSAL REMOTE
`
`CONTROL SYSTEM
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`PO. BOX 1450
`
`Alexandria, VA 22313—1450
`
`DECLARATION OF STEPHEN D. BRISTOW
`
`Back round and
`
`ualifications
`
`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
`
`Universal Remote Control Exhibit 1011: Page 1
`
`
`
`Electrical Engineering and Computer Science from the University of
`
`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 1973. 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 US. Patent No. 5,25 5 ,313 (hereinafter the “‘3 l3 patent”) relative to the
`
`state of the art at the time of the earliest application underlying the ‘3 13
`
`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
`
`‘3 l3 patent.
`
`7.
`
`I am being compensated at the rate of $275 per hour for my work.
`
`Universal Remote Control Exhibit 1011: Page 2
`
`
`
`My fee is not contingent on the outcome of any matter or on any of the
`
`technical positions I explain in this declaration.
`
`l have no financial interest
`
`in Petitioner.
`
`8.
`
`l have been informed that Universal Electronics Inc. (hereinafter
`
`referred to as “Patent Owner”) is asserting claims 1, 2, and 20 the ‘3 13
`
`Patent.
`
`I have no financial interest in the Patent Owner or the ‘3 13 patent.
`
`Description of the Relevant Field and the Relevant Timeframe
`
`9.
`
`l have carefully reviewed the ‘3 13 Patent.
`
`10.
`
`For convenience, all of the documents that I considered in arriving
`
`at my opinions is listed in Appendix B.
`
`11.
`
`Based on my review of these materials, I believe that the relevant
`
`field for purposes of the ‘3 13 Patent is remote controls and consumer
`
`electronics.
`
`1 have been informed that the relevant timeframe runs from
`
`around 1986 and through 1990.
`
`12. As described in above, 1 have extensive experience in the relevant
`
`field, including experience relating to wireless communications, consumer
`
`electronics and remote controls. Based on my experience, 1 have an
`
`established understanding of the relevant field in the relevant timeframe.
`
`Universal Remote Control Exhibit 1011: Page 3
`
`
`
`The Person of Ordinary Skill in the Relevant Field in the Relevant
`Timeframe
`
`13.
`
`l 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
`
`successfiilly carried out. A person of ordinary skill in the art, at the time the
`
`‘3 13 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 19505. A variety of technologies for communicating with devices
`
`such as televisions have been used, including ultrasonic sound, infrared
`
`Universal Remote Control Exhibit 1011: Page 4
`
`
`
`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.
`
`18.
`
`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 101}: Page 5
`
`
`
`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 modern, 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.
`
`21.
`
`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 1011: Page 6
`
`
`
`The ‘313 Patent
`
`23.
`
`The ‘3 13 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 ‘3 l3 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 transmissionof 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 1011: Page 7
`
`
`
`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 ‘3 13 patent discloses that this operation requires a serial port
`
`driver, but does not describe how that driver operates. See 8:54—9:6.
`
`27.
`
`I understand that the ‘3 l3 patent is a continuation of US. Pat. No.
`
`5,228,077 (“the ‘077 patent”) which is a continuation—impart of US. Pat.
`
`No. 4,959,810 (“the ‘810 patent”).
`
`28.
`
`Compared to the parent ‘810 patent, the ‘313 and ‘077 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 ‘3 l3 patent at
`
`Abstract, 20:56-21:53, and FIGS. 23—26.
`
`29.
`
`Compared to the parent ‘077 and ‘810 Patents, the ‘3 13 Patent
`
`adds further subject matter that is related to “periodically coupling the
`
`Universal Remote Control Exhibit 1011: Page 8
`
`
`
`computer to the remote control” and is not disclosed to skilled artisan in the
`
`parent ‘077 and ‘810 Patents. See the ‘3 l3 patent at Abstract, 2:23—25 and
`
`2:51-53.
`
`Claim Interpretation
`
`30.
`
`The ‘3 l3 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
`
`‘3 l3 patent in their ordinary and customary sense as one skilled in the
`
`relevant field would understand them.
`
`3l.
`
`Asserted claims 1, 2, and 20 of the ‘3 13 patent recite “input means
`
`for inputting commands into the remote control.” In the ‘3 l3 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 (5 6)
`
`programmed to scan row lines (121—128) as shown, e.g., in FIG. 9B and
`
`described in the specification, e.g., at 6:57-68 and 7:50—8:12.
`
`32. Asserted claims 1, 2, and 20 of the ‘3 l3 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,
`
`Universal Remote Control Exhibit 1011: Page 9
`
`
`
`e. g, in FIGS. 7 and 9B, and described in the specification, e. g, at 6:29—42
`
`and 9:17-18.
`
`33.
`
`Claim 1 of the ‘313 patent recites “data coupling means for
`
`periodically coupling said computer to said remote control for receiving
`
`from said computer memory said code data for creating appropriate IR lamp
`
`driver instructions
`
`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
`
`to receive a television signal picked up by the television set.” Thus, the
`
`remote control can be alternatively coupled to the computer (i) directly, (ii)
`
`through a telephone line, (iii) through a modem and a telephone line, or (iv)
`
`through decoding means and a television set.
`
`34.
`
`This data coupling function is performed by a structure that
`
`includes terminals (1-3) of a serial port coupled directly to ports (112, l21)
`
`of the CPU (56) as shown, e.g., in FIG. 9B and described in the
`
`specification, e.g., at 9:7—16 and 9:35—38. The structure also includes a cable
`
`with a first connector to the remote’s terminal and a second connector with
`
`an interface 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. 2022, (ii) FIG. 26, (iii) FIGS. 23 and 24, and (iv) FIG. 25,
`
`Universal Remote Control Exhibit 1011: Page 10
`
`
`
`respectively, and described in the specification at corresponding parts at
`
`19:39-21 :53.
`
`35.
`
`This “data coupling means” must include the microprocessor
`
`instructions on how to receive, recognize, and interpret or process the IR
`
`lamp code data to be received, and to load that data into the RAM. For
`
`example, the IR code data may be compressed or 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 ‘3 l3
`
`patent, however, does not disclose how the code data is processed.
`
`36.
`
`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 ‘3 13 patent. The ‘3 l3 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 ‘3 13 patent. Instead, the ‘3 l3 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. 7:17-37 and FIG. 9B.
`
`37.
`
`Claim 2 of the ‘313 patent recites “data coupling means including
`
`Universal Remote Control Exhibit 1011: Page 11
`
`
`
`terminal means comprising a receiving port coupled to said CPU for
`
`enabling code data for creating appropriate IR lamp driver instructions
`
`to
`
`be supplied from outside said remote control through said receiving port of
`
`said terminal means directly to said CPU for direct entry to said memory
`
`means”
`
`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 9:7—16 and 9:35—38. As discussed above, this “data
`
`coupling means” must also include the microprocessor instructions on how
`
`to receive, recognize, and interpret or process the specific “code data,” but
`
`the ‘313 does not disclose such software.
`
`38.
`
`Claim 2 of the ‘3 l3 patent recites coupling means for coupling said
`
`terminal means to a computer, directly, through a telephone line, through a
`
`modem and a telephone line, or through decoding means and a television
`
`set.” Thus, the remote control can be alternatively coupled to the computer
`
`(i) directly, (ii) through a telephone line, (iii) through a modem and a
`
`telephone line, or (iv) through decoding means and a television set.
`
`39.
`
`The ‘313 Patent discloses that this function is performed by a
`
`structure that includes a cable with a first connector to the remote’s terminal
`
`and a second connector with an interface for connecting to (i) a computer
`
`Universal Remote Control Exhibit 1011: Page 12
`
`
`
`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 19:39-21:53.
`
`40.
`
`Claim 20 of the ‘313 patent recites 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 code data for creating appropriate IR lamp driver
`
`instructions.
`
`4l.
`
`This periodic coupling function is 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 9:7—16 and 9:35—38. The structure also includes a cable
`
`with a first connector to the remote’s terminal and a second connector with
`
`an interface 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
`
`l9:39—2l:53.
`
`42. As discussed above, this “data coupling means” must also include
`
`Universal Remote Control Exhibit 1011: Page 13
`
`
`
`the microprocessor instructions on how to receive, recognize, and interpret
`
`or process the specific “code data,” but the ‘313 does not disclose such
`
`software. The data coupling means also needs software for periodically
`
`coupling the computer to the remote control, but no such structure is
`
`disclosed in the ‘313 patent.
`
`Unpatentability Based on Prior Art in the Present Proceedings
`
`43. As I note above, it is my understanding that the ‘3 l3 patent adds
`
`new material to the parent ‘810 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.
`
`44.
`
`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
`
`reference or is a necessary part of a claim limitation.
`
`45.
`
`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 (l) the scope and content of the prior art; (2) the
`
`Universal Remote Control Exhibit 1011: Page 14
`
`
`
`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.
`
`46. 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 ‘313 patent.
`
`47.
`
`The Wozniak patent (US. Pat. No. 4,9l8,439) 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, 2, and 20 of the ‘3 l3
`
`patent.
`
`48. Wozniak discloses a remote control device that can be adapted to
`
`control multiple appliances, such as televisions, VCRs, stereos, etc. See
`
`Wozniak at Abstract and FIG. ll.
`
`49.
`
`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.
`
`Universal Remote Control Exhibit 1011: Page 15
`
`
`
`50.
`
`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.
`
`5 l.
`
`The Wozniak patent is assigned to a company named CL 9, Inc.
`
`which had a remote control product, called CORE, with a serial interface
`
`(CS—232) whose manual was published in 1987 and 1988.
`
`52.
`
`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.
`
`53.
`
`In particular, the hexadecimal codes $2l and $23 provide the
`
`Universal Remote Control Exhibit 10]]: Page 16
`
`
`
`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.
`
`54.
`
`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.
`
`55.
`
`The ‘3 l3 patent discloses a “uniquely designed” keyboard circuit
`
`that uses diodes between row and column lines of the keyboard. See the
`
`‘3 l3 patent at FIG. 9B and 8:6-l2.
`
`. Wozniak has the traditional matrix
`
`keyboard circuit. Hastreiter teaches an alternative, which is substantially the
`
`same as the “uniquely designed” keyboard circuit of the “077 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. l and 2 and 115-11. 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.
`
`Universal Remote Control Exhibit 1011: Page 17
`
`
`
`56.
`
`In my opinion, Wozniak in view of the CS-232 Manual and
`
`Hastreiter render obvious claims 1, 2, and 20 of the ‘3 13 patent.
`
`
`Claim 1
`
`57.
`
`In my opinion, Wozniak discloses a universal remote control
`
`system in which a single remote control can control multiple devices. See
`
`Wozniak, Col. 1, 11. 7—9. See also FIGS. 11, 4a and 4c.
`
`58.
`
`In my opinion, Wozniak and CS-232 disclose the computer of
`
`claim 1. See Wozniak, 9:3-6, 6:13—20, 8:53-57, 333239-55 and CS—232 p. 1.
`
`59.
`
`In my opinion, Wozniak in combination with Hastreiter renders
`
`obvious the claimed input means. Supra at filSS.
`
`60.
`
`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, 1113—20, Col. 6, 11. 1-4, and FIG. 7d.
`
`61.
`
`In my opinion, Wozniak discloses the claimed CPU as
`
`microprocessor U1 that is coupled to input panel 1 1 and the infrared driving
`
`circuitry. See Wozniak Col. 5, 11. 44-47 and Col. 6, 1113—20.
`
`62.
`
`In my opinion, Wozniak discloses the claimed memory as RAM
`
`U2 that is coupled to the CPU in. microprocessor U1. See Wozniak Col. 6,
`
`11.13—20.
`
`63.
`
`In my opinion, Wozniak in combination with CS-232 renders
`
`Universal Remote Control Exhibit 1011: Page 18
`
`
`
`obvious the claimed data coupling means. Supra at W49—54. See also
`
`Wozniak at Col. 333, ll. 39—55, Col. 7 l. 63 to col. 8 l. 59, FIG. 7b; and CS-
`
`232 manual at pp. 1, 5 and 7.
`
`64.
`
`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.
`
`65.
`
`In my opinion, Wozniak in combination with CS~232 renders
`
`obvious the claimed data transmission system and coupling means. Supra at
`
`W49—54. See also Wozniak at Col. 8, 11. 39—41, Col. 8, l. 62 to C01. 9, l. 2,
`
`Col. 9, l1. 3—6, FIGS. 4a and 4c, Col. 333 at 56—57, Col. 334 at 45-57; and
`
`CS-232 manual at pp. 16.
`
`66.
`
`Because both the ‘3 l3 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 ‘3 l3 patent.
`
`67. 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 1011: Page 19
`
`
`
`
`Claim 2
`
`68. As discussed above with reference to claim 1, it is my opinion that
`
`Wozniak discloses the claimed universal remote (supra at 1157), IR signal
`
`output means (supra at 1160), CPU (supra at 1161), and memory (supra at
`
`1162). Wozniak and Hastreiter also disclose the claimed input means (supra
`
`at 1159), and Wozniak and CS—232 disclose the claimed data coupling means
`
`(supra at 1163), and data transmission system (supra at 1165—66).
`
`69.
`
`For the reasons discussed above, claim 2 was obvious to skilled
`
`artisans at the time in light of the teachings of Wozniak, Hastreiter, and
`
`CS—232.
`
`Claim 20
`
`70. As discussed above with reference to claim 1, it is my opinion that
`
`Wozniak discloses the claimed universal remote (supra at 1157), IR signal
`
`output means (supra at 1160), CPU (supra at 116 l), and memory (supra at
`
`1162). Wozniak and Hastreiter also disclose the claimed input means (supra
`
`at 1159), and Wozniak and CS—232 disclose the claimed computer (supra at
`
`115 8) and data coupling means (supra at 1163—64).
`
`71.
`
`For the reasons discussed above, claim 20 was obvious to skilled
`
`artisans at the time in light of the teachings of Wozniak, Hastreiter, and
`
`CS-232.
`
`Universal Remote Control Exhibit 1011: Page 20
`
`
`
`Claim 1 of the ‘313 patent is unpatentable as obvious over Ciarcia in
`view Hastreiter
`
`72.
`
`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. 114. “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.
`
`73.
`
`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 ‘3 l3 patent. Skilled artisans also understood
`
`that the data stored on the disk can be used not just for another device which
`
`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.
`
`74.
`
`The ‘3 l3 patent discloses a “uniquely designed” keyboard circuit
`
`Universal Remote Control Exhibit 1011: Page 21
`
`
`
`that uses diodes between row and column lines of the keyboard. See the
`
`‘077 patent at FIG. 9B and 7:21—26. Ciarcia has the traditional matrix
`
`keyboard circuit. Hastreiter teaches an alternative, which is substantially the
`
`same as the “uniquely designed” keyboard circuit of the ‘3 13 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—1 1. 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.
`
`75.
`
`In my opinion, Ciarcia in view of Hastreiter render obvious
`
`claims 1, 2, and 20 ofthe ‘3 13 patent.
`
`Claim 1
`
`76.
`
`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.
`
`77.
`
`In my opinion, Ciarcia discloses the claimed computer. See
`
`Ciarcia at p. 114.
`
`78.
`
`In my opinion, Ciarcia in combination with Hastreiter renders
`
`obvious the claimed input means. Supra at 1174.
`
`79.
`
`In my opinion, Ciarcia discloses the claimed infrared signal
`
`Universal Remote Control Exhibit 1011.: Page 22
`
`
`
`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.
`
`80.
`
`In my opinion, Ciarcia discloses the claimed CPU (Intel 8031
`
`microprocessor, 1C1) that is coupled to the keyboard and the infrared driving
`
`circuitry. See Ciarcia at p. 114, Photo 2 and FIG. 1.
`
`81.
`
`In my opinion, Ciarcia discloses the claimed memory as 32K—byte
`
`memory RAM 1C1 1 that is coupled to the CPU in microprocessor 1C1. See
`
`Ciarcia at p. 114. See also FIG. ’1 at pp. 116—117.
`
`82.
`
`In my opinion, Ciarcia discloses the claimed data coupling means.
`
`Supra at 111172—73. See also Ciarcia at pp. 114, 119, 123 (Table 1), 116-118
`
`(F1G.1), 121 (Photo 4).
`
`83.
`
`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.
`
`84.
`
`In my opinion, Ciarcia discloses the claimed data transmission
`
`system and coupling means. Supra at 111172—73. See also Ciarcia at pp. 114,
`
`119, 123 (Table 1), 116—118(FIG.1), 121 (Photo 4).
`
`85.
`
`Because both the ‘3 13 patent and Ciarcia build on the standard
`
`features of the RS-232 ports at the time in combination With standard
`
`Universal Remote Control Exhibit 1011: Page 23
`
`
`
`voltage level shifting circuitry, the Ciarcia serial port is equivalent to the
`
`interface circuits shown in FIGS. 21 and 22 of the ‘3 l 3 patent.
`
`Claim 2
`
`86. As discussed above with reference to claim 1, it is my opinion that
`
`Ciarcia discloses the claimed universal remote (supra at W6), IR signal
`
`output means (supra W9), CPU (supra at fl80), memory (supra at fiSl), data
`
`coupling means (supra at 1i82), and data transmission system (supra
`
`W84—85). Wozniak and Hastreiter also disclose the claimed input means
`
`(supra at W 8).
`
`87.
`
`For the reasons discussed above, claim 2 was obvious to skilled
`
`artisans at the time in light of the teachings of Ciarcia and Hastreiter.
`
`Claim 20
`
`88. As discussed above with reference to claim 1, it is my opinion that
`
`Ciarcia discloses the claimed universal remote (supra at W6), computer
`
`(supra at W7), IR signal output means (supra at W9), CPU (supra at fil80),
`
`memory (supra at 1(81), and data coupling means (supra at W82—83).
`
`Ciarcia and Hastreiter also disclose the claimed input means (supra at W8).
`
`89.
`
`For the reasons discussed above, claim 20 was obvious to skilled
`
`artisans at the time in light of the teachings of Wozniak, Hastreiter, and
`
`CS-232.
`
`Universal Remote Control Exhibit 1011: Page 24
`
`
`
`Availabilig for Cross-Examination
`
`90.
`
`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
`
`examinatio
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
