`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`
`CISCO SYSTEMS, INC.
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`___________________
`
`Case IPR2014-01166
`Patent RE42,368
`___________________
`
`DECLARATION OF DR. ALEXANDER V. SERGIENKO
`IN SUPPORT OF THE PATENT OWNER RESPONSE
`
`Capella 2004
`Cisco v. Capella
`IPR2014-01166
`
`
`
`Mail Stop “Patent Board”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`

`

`Case IPR2014-01166
`Patent RE42,368
`
`Table of Contents
`I.
`INTRODUCTION ........................................................................................... 1
`QUALIFICATIONS ........................................................................................ 1
`II.
`INFORMATION CONSIDERED FOR THIS DECLARATION .................. 4
`III.
`IV. OVERVIEW OF THE LAW USED FOR THIS DECLARATION ............... 9
`A.
`Level of Skill in the Art .......................................................................10
`C.
`Obviousness .........................................................................................11
`D. Obviousness to Combine .....................................................................12
`E.
`Claim Construction..............................................................................13
`INSTITUTED GROUNDS ............................................................................14
`V.
`VI. TECHNOLOGY ............................................................................................14
`A. General Overview ................................................................................14
`B.
`Use of Circulators at the Time of the Invention ..................................17
`VII. OVERVIEW OF THE ’368 PATENT AND APPLIED REFERENCES .....22
`A.
`The ’368 Patent ...................................................................................22
`B.
`Bouevitch .............................................................................................32
`C.
`Smith....................................................................................................44
`D.
`Lin ........................................................................................................53
`E.
`Dueck ...................................................................................................56
`VIII. NON-OBVIOUSNESS TO COMBINE ........................................................58
`A. A POSA would not have found it obvious to combine Bouevitch and
`Smith....................................................................................................62
`A POSA would not have found it obvious to combine Bouevitch,
`Smith, and Lin .....................................................................................72
`A POSA would not have found it obvious to combine Bouevitch,
`Smith, Lin, and Dueck .........................................................................73
`INDEPENDENT CLAIM ELEMENTS ........................................................75
`A. Multiple Port Elements ........................................................................75
`C.
`Continuously Controllable in Two Dimensions ..................................88
`XI. REFERENCES FROM ORIGINAL PROSECUTION .................................99
`XII. CONCLUSION ............................................................................................102
`
`B.
`
`C.
`
`IX.
`
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`Case IPR2014-01166
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`
`I, Dr. Alexander V. Sergienko, declare as follows:
`
`I.
`
`INTRODUCTION
`
`1. My name is Alexander V. Sergienko. Capella Photonics, Inc. has
`
`retained me as an expert witness. I have been asked to provide my expert opinion
`
`on the validity of claims 1-6, 9-13, and 15-22 of U.S. Patent No. RE42,368 to Chen
`
`et al. (“’368 patent”).
`
`2.
`
`I am being compensated for my work. My compensation is not
`
`contingent upon and in no way affects the substance of my testimony.
`
`II. QUALIFICATIONS
`
`3.
`
`I have a Ph.D. in Physics from Moscow State University in 1987 and
`
`a Master of Science Degree in Physics from Moscow State University in 1981.
`
`4.
`
`I am currently a full professor at Boston University where I hold joint
`
`appointments in the Photonics Center, the Department of Electrical and Computer
`
`Engineering, and the Department of Physics. My expertise and research interests
`
`include optics, photonics, quantum physics, laser physics, nonlinear optics, and
`
`precise optical measurement in telecommunication and optical engineering.
`
`5.
`
`I have experience and familiarity with the technical areas involved in
`
`this case. With over 30 years of research experience in the field of optics, I have
`
`studied and worked with optical components such as those at issue in this case. For
`
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`Case IPR2014-01166
`Patent RE42,368
`example, during my tenure as a Director of the Quantum Communication and
`
`Measurement Laboratory at the Boston University Photonics Center, I developed
`
`quantum optical technologies for high-resolution evaluation of optical device
`
`parameters (e.g., fibers, switches, and amplifiers). With this research I have
`
`evaluated the differences in wavelength selective switches produced by
`
`commercial vendors. I have thus studied switching technologies such as
`
`microelectromechanical (“MEMS”) mirrors, liquid crystal (“LC”), combined
`
`MEMS+LC, and liquid crystal on silicon (“LCOS”).
`
`6.
`
`For more than a decade, my focus has been on high-resolution
`
`measurement of polarization mode dispersion (“PMD”) in modern wavelength
`
`selective switches operating in 40 Gb/s and 100 Gb/c telecommunication
`
`reconfigurable optical add-drop multiplexer networks. I have worked to develop
`
`measurement technologies that are based on the use of quantum properties of light
`
`and enable measurement of PMD in discrete telecommunication devices, fibers,
`
`and switches with a superior resolution of < 1fs. For details on my research
`
`regarding high-resolution measurement of PMD, see, e.g., Fraine, D.S. Simon, O.
`
`Minaeva, R. Egorov, and A.V. Sergienko, Precise evaluation of polarization mode
`
`dispersion by separation of even- and odd-order effects in quantum interferometry,
`
`OPTICS EXPRESS, v. 19, no. 21, 22820 (2011).
`
`
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`Case IPR2014-01166
`Patent RE42,368
`
`
`I have published 132 technical papers in research journals in the area
`
`7.
`
`of photonics, physics, and optical technology. Several of these research journals
`
`include: Nature Communications; Journal of the Optical Society of America;
`
`Physical Review Letters; and Physical Review A. I have presented more than 300
`
`research papers at major international research conferences. I have contributed 7
`
`book chapters on precise optical measurement and quantum optics. I have also
`
`served as the sole editor of a book titled Quantum Communications and
`
`Cryptography.
`
`8.
`
`I have taught courses in optical measurement, quantum optics,
`
`photonics, electrical circuit theory, and analog electronics. I have also been an
`
`advisor to graduate students researching various subjects in physics, electrical
`
`engineering, and photonics.
`
`9.
`
`I am a Fellow of the Optical Society of America (OSA) (<10% of
`
`total OSA members) and have been a lead of Quantum Computing and
`
`Communication Technical Group at OSA for several years. I am a member of the
`
`American Physical Society and a member of IEEE.
`
`10. From 1990 to 1996, I worked for the University of Maryland and the
`
`National Institute of Standards and Technology ("NIST”). While at NIST, I
`
`developed several novel optical measurement technologies that outperformed
`
`
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`Case IPR2014-01166
`Patent RE42,368
`existing conventional approaches both in resolution and in accuracy. In 1996, I
`
`joined the Photonics Center and the Department of Electrical and Computer
`
`Engineering at Boston University. I since have been a member of the Boston
`
`University faculty.
`
`11. My curriculum vitae contains further details on my education,
`
`experience, publications, patents, and other qualifications. A copy is provided as
`
`Exhibit 2021.
`
`III.
`
`INFORMATION CONSIDERED FOR THIS DECLARATION
`
`12.
`
`I have been asked to provide a technical review, analysis, insights, and
`
`opinions regarding the following references. My opinions are based on over 30
`
`years of education, research, and experience, as well as my study of relevant
`
`materials.
`
`13.
`
`I have reviewed and am familiar with the ’368 patent specification,
`
`the claims, and the prosecution history. I understand that the ’368 patent claims the
`
`benefit of U.S. Provisional App. No. 60/277,217 (“’217 Provisional”), filed on
`
`March 19, 2001, through a series of continuation applications. I understand that the
`
`’368 patent has been provided as Exhibit 1001. I will cite to the specification using
`
`the following format: (’368 patent, 1:1-10). This example citation points to the
`
`’368 patent specification at column 1 lines 1-10.
`
`
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`Case IPR2014-01166
`Patent RE42,368
`I have reviewed and am familiar with the Petition for Inter Partes
`
`14.
`
`Review (Paper 2, “Petition”), the Patent Owner Preliminary Response (Paper 7,
`
`“POPR”), and the Board’s Decision to Institute Inter Partes Review (Paper 8,
`
`“Decision”).
`
`15.
`
`I am aware that in addition to IPR2014-01166, the ’368 patent is at
`
`issue in the following inter partes review petitions: IPR2015-00726; IPR2015-
`
`00731; and IPR2015-00816. I am also aware that the ’368 patent is at issue in
`
`district court litigation.
`
`16.
`
`I have reviewed the declaration of Dan Marom (Ex.1028, “Marom
`
`Dec.”) and understand that I can compare and contrast the technology analysis in
`
`the Marom Declaration with my own. I was also present during the deposition of
`
`Dan Marom and understand that I can compare and contrast the technology
`
`analysis in the Marom Deposition transcript.
`
`17.
`
`I have reviewed and am familiar with the following listed references. I
`
`may rely upon these materials to respond to arguments raised by Petitioner.
`
`Exhibit
`Number
`1001
`1002
`1003
`1004
`
`Reference
`U.S. Patent No. RE42,368 to Chen et al.
`Prosecution File History for U.S. Patent No. RE42,368.
`U.S. Patent No. 6,498,872 to Bouevitch et al.
`U.S. Patent No. 6,798,941 to Smith et al.
`
`
`
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`

`Case IPR2014-01166
`Patent RE42,368
`
`Reference
`U.S. Provisional Patent App. No. 60/234,683 to Smith et al.
`U.S. Patent No. 6,798,992 to Bishop et al.
`U.S. Patent No. 6,507,421 to Bishop et al.
`U.S. Provisional Patent App. No. 60/277,217 to Wilde.
`U.S. Patent No. 6,253,001 to Hoen.
`U.S. Patent No. 5,661,591 to Lin et al.
`C. R. Doerr et al., An Automatic 40-Wavelength Channelized
`Equalizer, 12 IEEE Photonics Tech. Letters, no. 9, 1195 (Sept.
`2000).
`U.S. Patent No. 5,936,752 to Bishop et al.
`Servo / Servomechanism, Dictionary.com (2014).
`Feedback, Dictionary.com (2014) (Ex. 1014).
`Joseph E. Ford et al., Wavelength Add-Drop Switching Using
`Tilting Micromirrors, 17 J. Lightwave Tech., no. 5, 904 (May
`1999).
`U.S. Patent No. 6,069,719 to Mizrahi.
`U.S. Patent No. 6,204,946 to Aksyuk et al.
`U.S. Provisional Patent App. Pub. No. 2002/0105692 to Lauder et
`al.
`C. R. Giles et al., Reconfigurable 16-Channel WDM DROP
`Module Using Silicon MEMS Optical Switches, 11 IEEE Photonics
`Tech. Letters, no. 1, 63 (Jan. 1999).
`Andrew S. Dewa et al., Development of a Silicon Two-Axis
`Micromirror for an Optical Cross-Connect, 21 Applied Optics, no.
`15, 2671 (Aug. 1982).
`U.S. Patent No. 6,011,884 to Dueck et al.
`U.S. Patent No. 6,243,507 to Goldstein et al.
`U.S. Patent No. 6,567,574 to Ma et al.
`U.S. Patent No. 6,256,430 to Jin et al.
`U.S. Patent No. 6,631,222 to Wagener et al.
`U.S. Patent No. 5,875,272 to Kewitsch et al.
`U.S. Patent No. 6,285,500 to Ranalli et al.
`
`Exhibit
`Number
`1005
`1006
`1007
`1008
`1009
`1010
`1011
`
`1012
`1013
`1014
`1015
`
`1016
`1017
`1018
`
`1019
`
`1020
`
`1021
`1022
`1023
`1024
`1025
`1026
`1027
`
`
`
`- 6 -
`
`

`

`Exhibit
`Number
`1028
`1030
`
`1031
`1032
`
`1033
`1034
`
`1035
`
`1036
`1037
`
`1038
`
`2001
`2005
`
`2006
`
`2007
`
`Case IPR2014-01166
`Patent RE42,368
`
`Reference
`Declaration of Dr. Dan Marom.
`James A. Walker, Fabrication of a Mechanical Antireflection
`Switch for Fiber-to-the-Home Systems, 5 J.
`Microelectromechanical Systems, no. 1, 45 (Mar. 1996).
`U.S. Patent No. 5,414,540 to Patel et al.
`Michael S. Borella et al., Optical Components for WDM
`Lightwave Networks, 85 Proceedings of the IEEE, no. 8, 1274
`(Aug. 1997).
`U.S. Patent No. 6,928,244 to Goldstein et al.
`Steffen Kurth et al., Silicon Mirrors and Micromirror Arrays for
`Spatial Laser Beam Modulation, A 66 Sensors and Actuators, 76
`(1998).
`C. Randy Giles & Magaly Spector, The Wavelength Add/Drop
`Multiplexer for Lightwave Communication Networks, Bell Labs
`Tech. J., (1999).
`U.S. Patent No. 5,872,880 to Maynard.
`R. E. Wagner & W. J. Tomlinson, Coupling Efficiency of Optics in
`Single-Mode Fiber Components, 21 Applied Optics, no. 16, 2671
`(Aug. 1982).
`Max Born & Emil Wolf, Principles of Optics v-viii, 404-14
`(Pergammon Press, 6th ed. 1984).
`Provisional Patent Application No. 60/267,285.
`Transcript of Deposition of Dan M. Marom, Ph.D. (“Marom Depo.
`Tr.”)
`Capella Photonics Launches Dynamically Reconfigurable
`Wavelength Routing Subsystems, Offering Unprecedented
`Operating Cost Savings and Flexibility for Telecom Service
`Providers, Business Wire (June 2, 2003, 8:16 AM),
`http://www.businesswire.com/news/home/20030602005554/en/Ca
`pella-Photonics-Launches-Dynamically-Reconfigurable-
`Wavelength-Routing. (“Business Wire”)
`Benjamin B. Dingel & Achyut Dutta, Photonic Add-Drop
`Multiplexing Perspective for Next Generation Optical Networks,
`4532 SPIE 394 (2001). (“Dingle”)
`
`
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`Case IPR2014-01166
`Patent RE42,368
`
`Reference
`Tze-Wei Yeow, K. L. Eddie Law, & Andrew Goldenberg, MEMS
`Optical Switches, 39 IEEE Comm. I Mag. no. 11, 158 (2001).
`(“Yeow”)
`Clifford Holliday, Components for R-OADMs ’05 (B & C
`Consulting Services & IGI Consulting Inc. 2005). (“Holliday R-
`OADMs”)
`Patrick B. Chu et al., MEMS: the Path to Large Optical
`Crossconnects, 40 IEEE Comm. I Mag. no. 3, 80 (2002). (“Chu”)
`Clifford Holliday, Switching the Lightwave: OXC’s – The Centerpiece of
`All Optical Network (IGI Consulting Inc. & B & C Consulting
`Services 2001). (“Holliday OXC”)
`An Vu Tran et al., Reconfigurable Multichannel Optical Add-Drop
`Multiplexers Incorporating Eight-Port Optical Circulators and
`Fiber Bragg Gratings, 13 Photonics Tech. Letters, IEEE, no. 10,
`1100 (2001). (“Tran”)
`Jungho Kim & Byoungho Lee, Bidirectional Wavelength Add-
`Drop Multiplexer Using Multiport Optical Circulators and Fiber
`Bragg Gratings, 12 IEEE Photonics Tech. Letters no. 5, 561
`(2000). (“Kim”)
`U.S. Patent No. 6,984,917 (filed Jun. 6, 2002). (“’917 Marom”)
`U.S. Patent No. 6,657,770 (filed Aug. 31, 2001). (“’770 patent”)
`Max Born & Emil Wolf, Principles of Optics (Cambridge Univ.
`Press, 6th Corrected Ed. 1986) (Excerpts). (“Born”)
`U.S. Patent No. 6,543,286 (filed Jun. 19, 2001). (“’286 patent”)
`WavePath 4500 Product Brief, Capella,
`http://www.capellainc.com/downloads/WavePath%204500%20Pro
`duct%20Brief%20030206B.pdf. (“WavePath”)
`Fraine, D.S. Simon, O. Minaeva, R. Egorov, and A.V. Sergienko,
`Precise evaluation of polarization mode dispersion by separation
`of even- and odd-order effects in quantum interferometry, Optics
`Express v. 19, no. 21, 22820 (2011). (“Fraine”)
`Abdul Al-Azzawi, Fiber Optics: Principles and Practices (CRC
`Press 2006). (“Al-Azzawi”)
`Curriculum Vitae of Dr. Alexander V. Sergienko. (“Sergienko
`
`Exhibit
`Number
`2008
`
`2009
`
`2010
`
`2011
`
`2012
`
`2013
`
`2014
`2015
`2016
`
`2017
`2018
`
`2019
`
`2020
`
`2021
`
`
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`Case IPR2014-01166
`Patent RE42,368
`
`Exhibit
`Number
`
`2022
`2023
`
`2024
`
`Reference
`
`CV”)
`U.S. Patent No. 5,629,790 (filed Oct. 18, 1993). (“Neukermans”)
`Dan M. Marom et al., Wavelength-Selective 1 x K Switches Using
`Free-Space Optics and MEMS Micromirrors: Theory, Design, and
`Implementation, 23 J. Lightwave Tech. 4, 1620 (2005). (“Marom”)
`Metallic Coatings, Exsma Optics, available at
`http://eksmaoptics.com/optical-components/coatings/metallic-
`coatings/. (“Exsma”)
`
`18.
`
`I recognize that this declaration represents only the opinions I have
`
`formed to date. I may consider additional documents as they become available or
`
`other documents that are necessary to form my opinions. I reserve the right to
`
`revise, supplement, or amend my opinions based on new information and on my
`
`continuing analysis.
`
`IV. OVERVIEW OF THE LAW USED FOR THIS DECLARATION
`
`19. When considering the ’368 patent and stating my opinions, I am
`
`relying on legal principles that have been explained to me by counsel.
`
`20.
`
`I understand that for a claim to be found patentable, the claims must
`
`be, among other requirements, novel and nonobvious from what was known at the
`
`time of the invention, i.e., the earliest alleged priority date of the ’368 patent –
`
`March 19, 2001.
`
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`Case IPR2014-01166
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`I understand that the information that is used to evaluate whether a
`
`21.
`
`claim is novel and nonobvious is referred to as prior art.
`
`22.
`
`I understand that in this proceeding Petitioner Cisco Systems, Inc. has
`
`the burden of proving that each claim element of the ’368 patent is rendered
`
`obvious by the alleged prior art references.
`
`
`
`
`
`A.
`
`Level of Skill in the Art
`
`23.
`
`I have been asked to consider the level of ordinary skill in the art that
`
`someone would have had in 2001. With over 30 years of experience in physics and
`
`optical communications, I am well informed with the level of ordinary skill, which
`
`takes into consideration:
`
`• Levels of education and experience of persons working in the field;
`
`• Types of problems encountered in the field; and
`
`• Sophistication of the technology.
`
`
`
`24. Based on the technologies disclosed in the ’368 patent and the
`
`considerations listed above, a person having ordinary skill in the art (“POSA”)
`
`would have had a Master of Science degree in Electrical Engineering, Physics, or
`
`an equivalent field, as well as at least three years of industry experience designing
`
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`Case IPR2014-01166
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`optical systems. Less education could be compensated by more direct experience
`
`and vice versa.
`
`25. Throughout my declaration, even if I discuss my analysis in the
`
`present tense, I am always making my determinations based on what a POSA
`
`would have known at the effective filing date. Additionally, throughout my
`
`declaration, even if I discuss something stating “I,” I am referring to a POSA’s
`
`understanding.
`
`
`
`
`
`C. Obviousness
`
`26.
`
`I understand that a patent claim is invalid if the claims would have
`
`been obvious to a POSA at the effective filing date of March 19, 2001. I
`
`understand that the obviousness inquiry should not be done in hindsight, but from
`
`the perspective of a POSA as of the effective filing date of the patent claim.
`
`27.
`
`I understand that to obtain a patent, the claims must have, as of the
`
`effective filing date, been nonobvious in view of the prior art in the field. I
`
`understand that a claim is obvious when 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 to a POSA at the time the invention was made.
`
`28.
`
`I understand that to prove that prior art or a combination of prior art
`
`renders a patent obvious, it is necessary to: (1) identify the particular references
`
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`that, singly or in combination, make the patent obvious; (2) specifically identify
`
`which elements of the patent claim appear in each of the asserted references; and
`
`(3) explain how POSA could have combined the prior art references to create the
`
`inventions claimed in the asserted claim.
`
`29.
`
`I understand that certain objective indicia can be important evidence
`
`regarding whether a patent is obvious or nonobvious. Such indicia include:
`
`commercial success of products covered by the patent claims; long-felt need for
`
`the invention; failed attempts by others to make the invention; copying of the
`
`invention by others in the field; unexpected results achieved by the invention as
`
`compared to the closest prior art; praise of the invention by the infringer or others
`
`in the field; taking of licenses under the patent by others; expressions of surprise
`
`by experts and those skilled in the art at the making of the invention; and the
`
`patentee proceeded contrary to the accepted wisdom of the prior art.
`
`
`
`
`
`D. Obviousness to Combine
`
`30.
`
`I understand that obviousness can be established by combining
`
`multiple prior art references to meet each and every claim element, but I also
`
`understand that a proposed combination of references can be susceptible to
`
`hindsight bias.
`
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`Case IPR2014-01166
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`I understand that references are more likely to be combinable if the
`
`31.
`
`nature of the problem to be solved is the same.
`
`32.
`
`I understand that if the combination of references results in the
`
`references being unsatisfactory for their intended purposes or the combination
`
`changes the references’ principle of operation, a POSA would not have a
`
`motivation to combine the references.
`
`33.
`
`I understand that teaching away, e.g., discouragement, is strong
`
`evidence that the references are not combinable. I also understand that a disclosure
`
`of more than one alternative does not necessarily constitute a teaching away. I
`
`understand that the combination does not need to result in the most desirable
`
`embodiment, but if the proposed combination does not have a reasonable
`
`expectation of success at the time of the invention, a POSA would not have
`
`teaching, suggestion, or motivation to combine the references.
`
`
`
`
`
`E. Claim Construction
`
`34.
`
`I understand that in this proceeding the claims must be given their
`
`broadest reasonable interpretation consistent with the specification. I have used the
`
`broadest reasonable interpretation standard when interpreting the claim terms.
`
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`Case IPR2014-01166
`Patent RE42,368
`
`V.
`
`INSTITUTED GROUNDS
`I understand that in IPR2014-01166, the Board instituted inter partes
`
`35.
`
`review of claims 1-6, 9-13, and 15-20 of the ’368 patent in the manner shown in
`
`the table below.
`
`Claims
`1-6, 9-13, 15-
`22
`12
`
`
`Type
`Obviousness
`§103
`Obviousness
`§103
`
`VI. TECHNOLOGY
`
`A. General Overview
`
`Primary Reference Secondary References
`Smith and Lin
`Bouevitch
`
`Bouevitch
`
`Smith, Lin, and Dueck
`
`36. Telecommunication companies use optical fiber to transmit and
`
`receive communication signals for the telephone, cable television, and the Internet.
`
`Optical fiber enables various wavelengths of light to simultaneously travel along
`
`the fiber. Each wavelength carries data intended for delivery to a specific location
`
`on a network. To service many locations, optical fiber networks form a grid
`
`spanning across the country. Line segments of optical fiber cable intersect at nodes
`
`or hubs, and the nodes or hubs have switching devices to redirect signals, add
`
`signals, and drop signals. The figure (reproduced below) shows how optical add
`
`drop multiplexers (“OADM”), or alternatively reconfigurable optical add drop
`
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`Case IPR2014-01166
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`multiplexers (“ROADM”), interconnect different optical networks. (See ’217
`
`Provisional, Ex. 1008, FIG. 2.)
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`37. OADMs are the backbone of advanced fiber optic networks because
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`switching is accomplished in the optical domain by OADMs. Multiple optical
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`fibers may connect to ports of an OADM, and OADMs can switch wavelengths
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`among optical fibers connected to its ports. OADMs can switch signals traveling
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`along fiber optic cables, redirect signals to different endpoints, add and drop
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`signals, and control traffic flow.
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`38.
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`In reference to the figure shown above, an OADM may connect a
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`wide area (or long haul) network to a metropolitan area network. Another OADM
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`may connect a metropolitan area network to a local access network, for example a
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`local network in a neighborhood. During switching, OADMs can separate all the
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`wavelengths of light entering the device and route the wavelengths of light to
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`different endpoints depending on the OADM’s configuration. An OADM may, for
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`example, switch wavelengths from optical fibers of the wide area network to
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`optical fibers of a metro area network. An OADM may also switch wavelengths
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`from optical fibers of a metro area network to optical fibers of a wide area
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`network.
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`39. OADMs can drop certain wavelengths from a fiber altogether and can
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`add new wavelengths to a fiber. Further, OADMs can control traffic flow across
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`fiber optic cables. If traffic along one cable is particularly heavy at certain times,
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`OADMs can manage the load by redirecting traffic along different fibers.
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`40.
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`In addition to switching, add/drop, and traffic control capabilities,
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`OADMs have the ability to control the output power. As a result, OADMs provide
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`high uniformity or equalization in the channels’ power across all-optical networks.
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`One way OADMs control power output is through deliberate misalignment of the
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`light beam to an output waveguide. Misalignment controls power by varying the
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`coupling of the light beam to the optical waveguide. Angular misalignment
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`changes the angle the light beam is incident to the optical waveguide, and lateral
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`misalignment reduces the portion of the beam that can enter the output waveguide.
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`41. Another way OADMs control power output is through manipulation
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`of polarization and selective filtering.
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`42. To perform switching and power control, OADMs can use wavelength
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`selective routers (“WSRs”). Certain WSRs perform switching and power control
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`functions by steering light beams using beam-deflecting elements. Beam-deflecting
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`elements can include, but are not limited to, small tilting mirrors commonly
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`referred to as microelectromechanical systems (“MEMS”). MEMS mirrors can be
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`used for switching. Varying the tilt of a MEMS mirror can reflect an incident light
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`beam to a different output port. MEMS mirrors can also be used for power control.
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`Varying the tilt of a MEMS mirror can control the coupling of a light beam to an
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`output, effectively attenuating the light beam through a controllable amount of
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`misalignment.
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`43. MEMS mirrors can be controlled using two different approaches: (1)
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`digital and (2) analog. (See Holliday OXC, Ex. 2011.) Digital-controlled mirrors
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`can be tilted to a limited number of positions (i.e., the control is not continuous but
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`rather step-wise). Analog controlled mirrors operate under continuous control.
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`
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`B. Use of Circulators at the Time of the Invention
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`44. At the time of the ’368 patent’s invention date, the demand for optical
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`switching systems was increasing, even as much as 400% per year. Id. at 12.
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`Bandwidth-heavy applications (e.g., video streams) were becoming more popular,
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`and optical fiber applications were reaching a wider populous. With an increase in
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`demand for fiber optics, the ability to effectively switch data streams having
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`multiple wavelengths, while accommodating an increase in optical input and
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`output ports, became critical. Industry was trying to incorporate more ports while
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`keeping costs down. As researchers published in 2001, the ability to provide an
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`optical switch scalable to a large number of channels was the number one concern
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`for fiber optic carriers:
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`The ability to incorporate more port counts when needed is the
`number one concern of carriers. The increasing amount of data traffic
`in communication networks, especially for long-distance carriers, will
`demand even more wavelengths to be deployed. Therefore, optical
`switches need the capability to scale in order to manipulate the
`increased number of wavelengths. MEMS-based optical switches
`must incorporate this key feature to gain widespread acceptance of the
`carriers.
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`(Yeow, Ex. 2008, p. 163.)
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`45. Many OADM systems at the time of the ’368 patent’s invention date
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`were limited to two ports. To separate incoming and outgoing optical signals on
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`each port, OADM systems commonly used peripheral
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`devices, such as optical circulators. Optical circulators are
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`fiber-connected optical devices comprised of birefringent
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`polarization elements that separate optical signals traveling in opposite directions.
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`Typically, optical circulators have three circulator ports (see schematic diagram of
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`an optical circulator, reproduced herein). Light entering a circulator port is emitted
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`from the next circulator port. For example, light entering circulator port 1 is
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`emitted from circulator port 2, light entering circulator port 2 is emitted from
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`circulator port 3, and light entering circulator port 3 is emitted from circulator port
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`1. This non-reciprocal redirection of light is achieved using collective operation of
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`birefringent elements, a polarizing beam splitter, a reflector prism, a retardation
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`plate, and a Faraday rotator unit. A typical optical circular schematic is reproduced
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`below.
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`(Al-Azzawi, Ex. 2020, FIG. 6.14.)
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`46. Optical fiber switching systems that used optical circulators had
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`limited scalability. Multiple port circulators could be cascaded to create a chain of
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`circulators. However, each added circulator increased the physical size of the
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`system, contributed to insertion loss, and increased costs. (See Dingel, Ex. 2007
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`(commenting that circulator price and circulator crosstalk (i.e., signal interference)
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`needs improvement).)
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`47. Around the invention date of the ’368 patent, systems also attempted
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`to scale switching systems by concatenating OADMs together. However
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`concatenating multiple OADMs together substantially added bulk and cost to the
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`system. Alternatively, other inventors were attempting to add ports to circulators.
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`(See e.g., Tran, Ex. 2012 (disclosing an eight-port circulator); Kim, Ex. 2013
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`(disclosing a six-port circulator); see also Marom Depo. Tr., Ex. 2005, 204:1-19
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`(When asked if there would be any need to employ optical circulators in the
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`ROADMs disclosed in the ’368 patent, Dr. Marom answered generally saying,
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`“Typically the port count is limited . . . . [I]f you have a single input you can place
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`a circulator there and obtain an extra port. That’s sometimes valuable.”). However
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`these systems still had limited scalability. These circulators were bulky, expensive,
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`and resulted in optical loss of signals moving through the optical circulator due to
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`multiple reflections at surfaces of its birefringent optical components. (See Al-
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`Azzawi, pp. 127-29.) Thus, the industry needed an OADM system that eliminated
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`the use of optical circulators, while providing a scalable multiple port switch.
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`48. The inventors of the ’368 patent recognized the limitations of
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`circulator-based optical switches. In the ’368 patent’s earliest provisional
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`application, the inventors described an existing add/drop architecture with optical
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`circulators (reproduced below with annotations). (’217 Provisional, p. 2.) The
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`inventors of the ’368 patent emphasized that the system had a number of
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`limitations. (Id.) For example, the system required all the add and drop
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`wavelengths to enter and exit the device on single fibers (i.e., two ports). (Id.) And
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`an additional means would be required to multiplex the add channels to the single
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`fiber and to drop channels from the single fiber output. (Id.) As the inventors
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`realized, the additional means, such as optical circulators, would lead to significant
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`additional bulk and expense. (Id.)
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`optical circulator 1
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`wavelength switch
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`optical circulator 2
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`VII. OVERVIEW OF THE ’368 PATENT AND APPLIED REFERENCES
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`49. Subsequent sections of my declaration will look at the obviousness to
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`combine and the deficiencies of Bouevitch, Smith, Lin, and Dueck. Before
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`analyzing the differences between the ’368 patent and various combinations of
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`Bouevitch, Smit