Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 8
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`Entered: January 14, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WIRELESS SEISMIC, INC.,
`Petitioner,
`
`v.
`
`FAIRFIELD INDUSTRIES, INC.,
`Patent Owner.
`
`
`
`Case IPR2014-01205
`Patent 7,983,847 B2
`
`
`
`Before JAMESON LEE, JO-ANNE M. KOKOSKI, and
`KRISTINA M. KALAN, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`Tel: 571-272-7822
`
`
`
`
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`
`
`
`
` Paper 8
`
`
`Entered: January 14, 2015
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`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WIRELESS SEISMIC, INC.,
`Petitioner,
`
`v.
`
`FAIRFIELD INDUSTRIES, INC.,
`Patent Owner.
`
`
`
`Case IPR2014-01205
`Patent 7,983,847 B2
`
`
`
`Before JAMESON LEE, JO-ANNE M. KOKOSKI, and
`KRISTINA M. KALAN, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`
`IPR2014-01205
`Patent 7,983,847 B2
`
`
`I.
`INTRODUCTION
`Wireless Seismic, Inc. (“Wireless Seismic”) filed a Petition (Paper 2,
`“Pet.”) requesting an inter partes review of claims 1–18 of U.S. Patent No.
`7,983,847 B2 (Ex. 1001, “the ’847 patent”). Patent Owner, Fairfield
`Industries, Inc. (“Fairfield”) filed a Preliminary Response (Paper 5, “Prelim.
`Resp.”). We have jurisdiction under 35 U.S.C. § 314.
`The standard for instituting an inter partes review is set forth in
`35 U.S.C. § 314(a) which provides as follows:
`THRESHOLD.—The Director may not authorize an inter partes
`review to be instituted unless the Director determines that the
`information presented in the petition filed under section 311
`and any response filed under section 313 shows that there is a
`reasonable likelihood that the petitioner would prevail with
`respect to at least 1 of the claims challenged in the petition.
`
`Upon consideration of Wireless Seismic’s Petition and supporting
`evidence, as well as Fairfield’s Preliminary Response, we determine that
`Wireless Seismic has not established a reasonable likelihood that it would
`prevail in showing the unpatentability of any of claims 1–18 under either
`35 U.S.C. § 102 or § 103. We do not institute an inter partes review for any
`of claims 1–18.
`
`A. Related Proceedings
`Wireless Seismic identifies a civil action involving the ’847 patent, in
`
`which it is the defendant, styled Fairfield Industries Inc. d/b/a
`FairfieldNodal v. Wireless Seismic, Inc., No. 13-00903 (E.D. Tex.). Pet. 2.
`Fairfield identifies a civil action involving the ’847 patent, in which it is the
`plaintiff, styled Fairfield Industries Inc. d/b/a FairfieldNodal v. Wireless
`Seismic, Inc., No. 4:14-cv-02972-KPE (S.D. Tex.). Paper 7, 2.
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`B. The ’847 Patent
`The ’847 patent generally relates to seismic data acquisition, and more
`particularly to a method and system for transmitting data between multiple
`remote stations in an array and a data collection station utilizing a linked
`relay system to communicate therebetween, permitting transmission paths to
`be altered. Ex. 1001, 1:14–19. The Title of the ’847 patent is:
`“METHOD AND SYSTEM FOR THE TRANSMISSION OF SEISMIC
`DATA.” Id. at 1:1–2.
`With respect to the prior art, the ’847 patent describes that, typically,
`seismic data is detected by seismic units or stations laid out in an array,
`wherein the array consists of a line of stations each having at least one
`geophone attached thereto in order to record data from the seismic cross-
`section below the array. Id. at 1:34–37. For data over a larger area, multiple
`lines of stations may be set out side-by-side, such that a grid of receivers is
`formed. Id. at 1:38–40. The ’847 patent also describes, with respect to the
`prior art, that in the case of wireless seismic units, transmissions are made
`either directly between each seismic unit and a central control station, or
`directly between each seismic unit and a concentrator. Id. at 2:4–8.
`According to the ’847 patent, a disadvantage of the prior art systems
`is that the failure of any one intermediate transmission station or cell access
`node will prevent communication with a plurality of seismic acquisition
`units. Id. at 2:50–53. Also, to the extent that an individual seismic
`acquisition unit is prevented from transmitting back to its respective cell
`access node due to factors external to the unit, the participation and
`operation of that unit within the array is lost. Id. at 2:54–57. In that regard,
`the ’847 patent states: “The system should be capable of communication
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`Patent 7,983,847 B2
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`between functional seismic units even if one or more intermediate stations
`fail to operate properly.” Id. at 2:67–3:3.
`
`The ’847 patent describes transmission of radio signals between
`individual seismic acquisition units in an array, such that the transmission
`can be passed in a relay chain through the array of seismic units. Id. at
`3:11–14. Any one seismic acquisition unit in the array is capable of
`transmitting radio signals to several other seismic acquisition units
`positioned within radio range of the transmitting seismic acquisition unit.
`Id. at 3:17–20. Such a network of radio-linked seismic acquisition units
`permits seismic data transmission routes back to a central control station to
`be varied as desired or needed. Id. at 3:29–32. The transmission path from
`any seismic acquisition unit back to the control station is alterable. Id. at
`3:23–25.
`
`In the Summary of the Invention portion of the Specification, the ’847
`patent states:
`
`Within the transmission network, there are multiple
`transmission paths from the most remote unit to the control
`station/concentrator. The particular transmission path to be
`used for any given transmission will be determined based on
`the strength of the signal between communicating units, the
`operational status of a unit and path efficiency.
`Id. at 4:13–18.
`
`Furthermore, the array of seismic data acquisition units may be
`divided into different groups of seismic data acquisition units, such that the
`seismic acquisition units within each group would form transmission paths
`for the seismic acquisition units within that group. Such an arrangement is
`shown in Figure 1 of the ’847 patent, reproduced below:
`
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`Patennt 7,983,8447 B2
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`ing to one ray accordiuisition arreismic acquiew of a seFigure 1 is a top vi
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`odiment off the ’847 ppatent. Id.. at 4:22–224. Array 114 include
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`s multiple
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`liness 18 (colummns placedd side-by-siide) of seissmic data aacquisitionn units 12.
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`Id. aat 4:44–45. Radio traansmissionns are passeed from onne seismic
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`acquisitionn
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`unit to anotherr, and the trransmissioons are passsed, ultimaately, to ceentral
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`contrrol station 16 throughh respectivve correspoonding conncentratorss 20 (20a,
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`20b, 20c, or 200d in Figurre 1). Id. aat 4:45–50.
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`in arrray 14 is ccomprised of the left--most threee lines of sseismic datta
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`acquuisition uniits 12; a seccond groupp of seismiic acquisitiion units inn array 14
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`is coomprised of the midddle three linnes of seismmic data accquisition uunits 12;
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`As showwn in Figurre 1 above,, a first grooup of seismmic acquissition unitss
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`and a third group of seismic acquisition units in array 14 is comprised of the
`right-most three lines of seismic data acquisition units 12. Within each
`group, a particular transmission path is illustrated by links 23 connecting all
`the seismic data acquisition units within the group. The ’847 patent states
`that a string of seismic units 12 for a particular transmission path is defined
`by the selected transmission path by which data is communicated from one
`unit 12 to another. Id. at 5:36–38. Thus, “a ‘string’ of units may be
`constantly changing between transmissions.” Id. With respect to Figure 1,
`the ’847 patent states:
`Such an arrangement permits transmissions to be re-routed in
`the event of some failure of a unit 12 within the string.
`Likewise, transmissions can be re-routed in the event of a weak
`signal between units 12 or to overcome topographic or other
`obstacles that could interfere with short range, line of sight [sic]
`transmissions.
`Id. at 5:40–45. In case of multiple adjacent transmission paths, or strings,
`such as that shown in Figure 1, the ’847 patent states that radio transmission
`parameter assignments may be made to minimize interference with other
`transmissions and permit reuse of the same transmission parameters. Id. at
`5:54–57. The ’847 patent further states: “For example, string 18a may
`transmit data at a first set of radio transmission parameters while string 18b
`may transmit data at a second set of parameters.” Id. at 5:57–60. It is
`described that those skilled in the art would know of many transmission
`parameters that can be adjusted, including, inter alia, frequency, time slots,
`power, and modulation. Id. at 6:6–11.
`C. Illustrative Claims
`Claims 1, 7, 8, and 13, the only independent claims, are reproduced
`below:
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`1. A seismic data transmission system comprising:
`
`A. at least three wireless seismic data acquisition units,
`each unit comprising:
`(1) a casing;
`(2) a battery;
`(3) a short-range radio transmitter disposed within said casing;
`(4) a short-range radio receiver disposed within said casing;
`(5) a local clock disposed within said casing;
`(6) local memory disposed within said casing;
`(7) a processor disposed within said casing; and
`(8) a geophone;
`wherein the elements A(2)-A(8) cooperate to collect
`seismic data and transmit seismic data; and
`B. a receiving unit comprising:
`(1) a power source; and
`(2) a short-range radio receiver;
`C. wherein the short-range radio transmitter and receiver
`of each wireless seismic data acquisition unit are configured for
`short-range radio transmission and reception communication
`with at least two other wireless seismic data acquisition units;
`D. wherein said seismic data acquisition units are
`physically arranged in an array so that each seismic data
`acquisition unit is adjacent to at least two other seismic data
`acquisition units and is capable of short-range radio
`transmission and reception communication with the at least two
`other seismic data acquisition units; and
`E. wherein said receiving unit is disposed adjacent said
`array so that the receiving unit is adjacent to at least another
`seismic data acquisition unit and the short-range radio receiver
`of the receiving unit is configured for short-range radio
`reception communication with said another seismic data
`acquisition unit.
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`Ex. 1001, 10:7–41.
`7. A seismic data transmission system comprising:
`
`A. at least three wireless seismic data acquisition units,
`each unit comprising:
`(1) a casing;
`(2) a battery;
`(3) a wireless fidelity transmitter disposed within said casing;
`(4) a wireless fidelity receiver disposed within said casing;
`(5) a local clock disposed within said casing;
`(6) local memory disposed within said casing;
`(7) a processor disposed within said casing;
`(8) a geophone;
`wherein the elements A(2)-A(8) cooperate to collect seismic
`data and transmit seismic data; and
`
`B. a receiver unit comprising:
`(1) a power source; and
`(2) a wireless fidelity receiver;
`
`C. wherein said wireless seismic data acquisition units
`are disposed in an array and the wireless fidelity receiver and
`transmitter of each seismic data acquisition unit is configured
`for short-range radio transmission and reception
`communication with at least two other adjacent seismic data
`acquisition units in the array; and
`
`D. wherein said receiving unit is disposed adjacent the
`array and the wireless fidelity receiver of the receiving unit is
`configured for short-range radio reception communication with
`another adjacent seismic data acquisition unit.
`Ex. 1001, 10:53–11:15.
`
`8. A seismic data transmission system comprising:
`
`A. at least ten wireless seismic data acquisition units,
`each unit comprising:
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`(1) a short-range radio transmitter;
`(2) a short-range radio receiver; and
`(3) a geophone;
`wherein the elements A(1)-A(3) cooperate to collect seismic
`data and transmit seismic data; and
`
`B. a receiving unit comprising:
`(1) a short-range radio receiver;
`
`C. wherein said wireless seismic data acquisition units
`are disposed in an array and the short-range radio transmitter
`and receiver of each wireless seismic data acquisition unit are
`configured so that a plurality of individual seismic data
`acquisition units are in short-range radio transmission and
`reception communication with at least two other individual
`seismic data acquisition units adjacent thereto so as to form at
`least two short-range radio transmission paths between adjacent
`seismic data acquisition units emanating from a plurality of
`individual units; and
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`D. wherein said short-range radio receiver of said
`receiving unit is configured to be capable of short-range radio
`transmission contact with at least two seismic data acquisition
`units; and
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`E. wherein said receiving unit is disposed adjacent said
`array so that said receiving unit is capable of short-range radio
`reception communication with said two seismic data acquisition
`units.
`Ex. 1001, 11:16–44.
`
`13. A seismic data transmission system comprising:
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`A. at least four wireless data acquisition units disposed in
`an array, each unit comprising:
`(1) a short-range radio transmitter;
`(2) a short-range radio receiver; and
`(3) a geophone;
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`wherein the elements A(1)-A(3) cooperate to collect seismic
`data and transmit seismic data; and
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`B. a receiving unit comprising:
`(1) a power source; and
`(2) a short-range radio receiver;
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`C. wherein the short-range radio transmitter and receiver
`of at least two wireless seismic data acquisition units are
`configured to have a first set of transmission path parameters;
`
`D. wherein the short-range radio transmitter and receiver
`of at least two wireless seismic data acquisition units are
`configured to have a second set of transmission path
`parameters, wherein said first and second sets of transmission
`path parameters are different; and
`
`E. wherein said seismic data acquisition units are
`disposed in an array so that each of said seismic data
`acquisition units configured to have a first set of transmission
`path parameters is capable of short-range radio transmission
`and reception communication with at least two other adjacent
`seismic data acquisition units configured to have a first set of
`transmission path parameters; and
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`F. wherein said receiving unit is disposed adjacent said
`array and the short-range radio receiver thereof is configured to
`have at least one set of transmission path parameters so that
`said receiving unit is capable of short-range radio reception
`communication with at least two adjacent seismic data
`acquisition units in the array.
`Ex. 1001, 12:4–37.
`D. Prior Art Relied Upon
`Wireless Seismic relies upon the following prior art references:
`
`Gelvin
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`
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`WO 01/26068 A1
`(Ex. 1004)
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`April 12, 2001
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`ANSI/IEEE STD 802.11, Part 11: WIRELESS LAN MEDIUM
`802.11
`Standard ACCESS CONTROL (MAC) AND PHYSICAL LAYER (PHY)
`SPECIFICATIONS (1999)
`
`
`
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`(Ex. 1005) (“the 802.11 Standard”)
`
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`E. The Alleged Grounds of Unpatentability
`Wireless Seismic alleges the following grounds of unpatentability:
`
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`Claims
`1–6 and 8–18
`13–18
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`7
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`Ground
`§ 102(b)
`§ 103(a)
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`§ 103(a)
`
`References
`
`Gelvin
`Gelvin
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`Gelvin and 802.11 Standard
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`In support of the grounds identified above, Wireless Seismic also
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`presents a Declaration of James Geier (Ex. 1003).
`
`II. ANALYSIS
`
`A. Claim Construction
`In an inter partes review, claim terms in an unexpired patent are
`interpreted according to their broadest reasonable construction in light of the
`specification of the patent in which they appear. 37 C.F.R. § 42.100(b);
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,766 (Aug. 14,
`2012). Claims are not interpreted in a vacuum but are part of and read in
`light of the specification. Slimfold Mfg. Co. v. Kinkead Indus., Inc.,
`810 F.2d 1113, 1116 (Fed. Cir. 1987); see also United States v. Adams,
`383 U.S. 39, 49 (1966). Indeed, although it is improper to read a limitation
`from the specification into the claims, the claims still must be read in view
`of the specification of which they are a part. Microsoft Corp. v. Multi-Tech
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`Sys, Inc., 357 F.3d 1340, 1347 (Fed. Cir. 2004). The terms also are given
`their ordinary and customary meaning, as would be understood by one of
`ordinary skill in the art in the context of the specification. In re Translogic
`Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). The construction that
`stays true to the claim language and most naturally aligns with the inventor’s
`description is likely the correct interpretation. Renishaw PLC v. Marposs
`Societa’ per Azioni, 158 F.3d 1243, 1250 (Fed. Cir. 1998).
`
`Only those terms which are in controversy need to be construed, and
`only to the extent necessary to resolve the controversy. Vivid Techs., Inc. v.
`Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999).
`“array”
`Each of independent claims 7, 8, and 13 recites: “wherein said
`
`wireless seismic data acquisition units are disposed in an array.”
`Ex. 1001, 11:4–5, 11:26–27, 12:24–25. Independent claim 1 recites:
`“wherein said seismic data acquisition units are physically arranged in
`an array.” Id. at 10:30–31. Wireless Seismic proposes to construe
`“array” as including “a plurality of units forming one or more
`transmission paths toward a destination.” Pet. 9. We agree, however,
`with Fairfield’s position (Prelim. Resp. 17) that Wireless Seismic’s
`construction is unreasonably broad.
`
`Fairfield asserts that the broadest reasonable interpretation of
`“array” in the context of the ’847 patent is “one or more lines of
`seismic acquisition units, where multiple lines are set out side-by-side
`forming a grid.” Prelim. Resp. 17. That construction is essentially
`correct, except that there is insufficient reason to add the specific
`nature of individual units to the meaning of an array. Accordingly, we
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`construe “array” as “one or more lines of individual units, where
`multiple lines are set out side-by-side forming a grid.”
`
`We do not adopt Wireless Seismic’s proposed construction,
`because an array of units does not have to transmit anything to any
`other unit or form a transmission path of any kind. In the context of
`the Specification, mere physical arrangement and relative position of
`the individual units with respect to each other are
`sufficient to form or establish an “array.” In that regard, we refer to
`the following disclosure of the ’847 patent:
`Typically, the seismic units or stations are laid out in an array,
`wherein the array consists of a line of stations each having at
`least one geophone attached thereto in order to record data from
`the seismic cross-section below the array. For data over a
`larger area and for three-dimensional representations of a
`formation, multiple lines of stations may be set out side-by-
`side, such that a grid of receivers is formed. Often, the stations
`and their geophones are remotely located or spread apart. In
`land seismic surveys for example, hundreds to thousands of
`geophones may be deployed in a spatially diverse manner, such
`as a typical grid configuration where each line of stations
`extends for 5000 meters with stations spaced every 25 meters
`and the successive station lines are spaced 200 meters apart.
`Ex. 1001, 1:34–47. As indicated above, whether the individual units
`transmit to each other and whether they use a particular transmission path is
`not relevant to whether the units form an array as an overall configuration.
`Moreover, Wireless Seismic’s proposed construction is unreasonably broad
`because it does not account for the fact that an array, in the context of the
`Specification as noted above, is defined by mere physical arrangement, i.e.,
`either a single line of individual units, or multiple lines of individual units
`laid out side-by-side so as to form a grid. Furthermore, the language
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`reproduced above is restrictive in nature, rather than exemplary. Consistent
`with that meaning, no other configuration is described in the Specification as
`forming an array.
`In addition, with regard to the meaning of “array,” Fairfield notes the
`following response by the applicant during examination of the application
`that issued as the ’847 patent:
`[T]he invention further includes how these multiple SDAUs
`and the RU are configured and physically arranged in an
`overall array.
`Ex. 1002, 319. That remark is consistent with and supports the construction
`of “array” as a particular physical configuration and not just a plurality of
`units forming a transmission path as proposed by Wireless Seismic.
`Similarly, usage in the industry is consistent with the construction of
`“array” as “one or more lines of individual units, where multiple lines are set
`out side-by-side forming a grid.” In that connection, Fairfield cites to Gigs
`J. O. Vermeer, 3-D Seismic Survey Design 18–20 (Jan. 1, 2002)(Ex. 2008,
`18–20). Prelim. Resp. 16. All of the arrays illustrated in the cited text are
`composed of multiple lines forming a grid.
`Wireless Seismic’s unreasonably broad construction is based in part
`on its incorrect reading of three strings 18a, 18b, and 18c, shown in above-
`reproduced Figure 1 as lines. Pet. 9. Fairfield correctly notes that the
`Specification nowhere refers to reference numeral 18a, 18b, or 18c as
`identifying a line. Prelim. Resp. 10. The Specification consistently refers to
`reference numerals 18a, 18b, and 18c as identifying strings. For instance,
`the Specification states: “Each string 18a, 18b, and 18c illustrates a
`different potential transmission path defined by wireless links 23 between
`the units 12 within a string.” Ex. 1001, 5:31–33. The Specification also
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`states: “For example, string 18a may transmit data at a first set of radio
`transmission parameters while string 18b may transmit data at a second set
`of parameters.” Id. at 5:57–60.
`Wireless Seismic asserts that the terms “line” and “string” are used
`interchangeably in the Specification. Pet. 9. We are unpersuaded by that
`contention. To support that contention, Wireless Seismic refers to an
`instance where the term “‘string’ 18” appears in the Specification. Pet. 9
`(citing Ex. 1001, 5:36). We recognize that such a reference conflicts with
`the designation in the Specification, as discussed above, of reference
`numeral 18 as referring to a line of seismic acquisition units. It is not,
`however, sufficient to establish even a reasonable likelihood that Wireless
`Seismic would be able to establish that the two terms “line” and “string” are
`used interchangeably in the Specification.
`First, as discussed above, lines and strings have substantively different
`characteristics. In short, lines refer or relate to the physical configuration or
`arrangement of individual seismic acquisition units over the terrain, and
`lines are essentially fixed in geographical location, forming a grid. Strings,
`on the other hand, and as already discussed above, refer to “potential” data
`transmission paths, which can be varied from transmission to transmission.
`That the two terms have very different meanings in the context of the
`Specification is strong evidence that they are not used interchangeably.
`Second, treating reference numerals 18a, 18b, and 18c as identifying
`“lines” creates a predicament in that those variably connectable lines, always
`varying, do not collectively form a grid, as multiple lines are supposed to do.
`Third, as we noted above, the Specification never used specific reference
`numerals 18a, 18b, and 18c as identifying lines. Fourth, for its assertion that
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`“line” and “string” are used interchangeably, Wireless Seismic does not cite
`to any supporting testimony of its expert witness James Geier.
`The record is not wholly without evidence contrary to our claim
`interpretation. For instance, as noted above, Wireless Seismic identifies an
`instance in which the term “‘string’ 18” appears in the Specification. Pet 9
`(citing Ex. 1001, 5:36). Nevertheless, the task of claim interpretation is to
`come to an appropriate conclusion in light of all of the evidence, which does
`not have to point uniformly in a single direction.
`We construe “array” as “one or more lines of individual units, where
`multiple lines are set out side-by-side forming a grid.”
`
`“seismic data”
`Independent claims 1, 7, 8, and 13 each require a plurality of seismic
`data acquisition units, each of which includes a collection of components
`that cooperate to collect and to transmit “seismic data.” Ex. 1001, 10:8–21,
`10:53–67, 11:17–23, 12:5–11. In its Petition, Wireless Seismic does not
`construe the term “seismic data.” Fairfield construes the term “seismic data”
`as “signals reflected by subsurface seismic reflectors (i.e., interfaces
`between subsurface lithologic or fluid layers characterized by different
`elastic properties) in response to a generated acoustic signal.” Prelim. Resp.
`9–10.
`
`In the context of the Specification, and applying the standard of
`“broadest reasonable interpretation” in light of the Specification, we
`determine that “seismic data” is not just any data having some relationship
`to the ground or obtained by sensing the ground. Rather, it is “data
`containing information about lithologic subsurface formations, obtained by
`
`16
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`IPR2014-01205
`Patent 7,983,847 B2
`
`applying an acoustic signal to the ground and receiving the reflected
`signal.”
`The disclosure of the ’847 patent is directed specifically to seismic
`exploration or surveying of subsurface geological formations. For instance,
`the Description of the Prior Art portion of the Specification begins with this
`paragraph:
`Seismic exploration generally utilizes a seismic energy source
`to generate an acoustic signal that propagates into the earth and
`is partially reflected by subsurface seismic reflectors (i.e.,
`interfaces between subsurface
`lithologic or fluid
`layers
`characterized by different elastic properties). The reflected
`signals are detected and recorded by seismic units having
`receivers or geophones located at or near the surface of the
`earth, thereby generating a seismic survey of the subsurface.
`The recorded signals, or seismic energy data, can then be
`processed to yield information relating to the lithologic
`subsurface formations,
`identifying such features, as, for
`example lithologic subsurface formation boundaries.
`
`Ex. 1001, 1:22–33. Also, the objective of the invention is stated as follows:
`“Thus, it would be desirable to provide a communication system for a
`seismic survey array that has flexibility in transmitting signals and data to
`and from remote seismic units and a control and/or data collection station.”
`Id. at 2:64–67. The Specification is directed to the generation of a seismic
`or geological survey. In that regard, we note that, as discussed above, the
`rule of claim construction we apply is the broadest reasonable interpretation
`in light of the Specification. In light of this Specification, we deem it
`unreasonable to construe “seismic data” broader than “data containing
`information about lithologic subsurface formations, obtained by applying an
`acoustic signal to the ground and receiving the reflected signal.”
`
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`IPR2014-01205
`Patent 7,983,847 B2
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`
`B. Alleged Anticipation of
`Claims 1–6 and 8–18 by Gelvin
`1. Gelvin
`Gelvin relates to providing distributed network and internet access to
`
`sensors, controls, and processors that are embedded in equipment, facilities,
`and the environment. Ex. 1004, 3:6–8.1 In the Summary portion of Gelvin,
`the invention is referred to as WINS NG (Wireless Integrated Network
`Sensor Next Generation). Id. at 11:18. Gelvin states:
`The WINS NG networks provide a more efficient means of
`connecting the physical and computer worlds. Sensor nodes
`self-organize to form a network, and seamlessly link to the
`Internet or other external network via a gateway node, which
`can be of the same type or different from the sensor nodes. The
`sensor nodes can themselves be of the same type or a variety of
`types. Network resources such as databases are available to the
`sensor network and the remote user through the Internet or
`other external network.
`Id. at 11:29–12:4. A WINS NG sensor node as depicted by Wireless
`Seismic (Pet. 31) is reproduced below:
`
`
`
`
`1 The copy of Gelvin that is Exhibit 1004 has two sets of page numbers. Our
`citations to Exhibit 1004 refer to the lower number on each page.
`
`18
`
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`IPR22014-012005
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`Patennt 7,983,8447 B2
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`
`
`ws a WIN
`illustrationn is a part oof Figure 444 of Gelviin and show
`
`
`
`S NG
`
`Ex. 11004, 98:226–31. Witth respect tto the seismmic sensorr, Gelvin sttates that itt
`
`The
`
`
`
`sens
`
`
`or node. GGelvin desccribes:
` base
`
`
`
`
`The senssor node 4402 includdes seismicc sensors 44404 at the
`
`for a
`example,
`
`and a seensor suite
`
`
`4406 on aa raised coolumn, for
`
`
`
`
`
`
`perimeteer defensee applicatiion. Thee nodes arre compacct in
`volume
`
`permittingg many to
`
`
`
`be carriedd. The coolumn suppports
`
`imaging, passive
`IR, acti
`
`
`
`ve and ppassive accoustic, aactive
`
`
`
`
`
`
`microwaave, magneetic, and oother sensoors as needded. An aactive
`
`
`illuminaator 4408 ccan also be
`carried.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`is coonstantly viigilant, thaat simple ennergy deteection is ussed to triggger
`
`
`operration of thhe camera,
`
`
`
`
`and that thhe image annd the seissmic recordd
`
`surroounding thhe event aree then commmunicatedd to a remoote observeer. Id. at
`
`
`
`
`
`
`
`
`
`
`22:26–29. Gellvin describbes that th
`
`
`e WINS NNG sensingg elements
`
`
`
`
`in reelative proxximity to ppotential thhreats, and
`
`that multipple nodes
`
`
`
`
`
`
`
`
`
`Id. aat 98:4–7.
`
`simuultaneouslyy may be bbrought to bbear on thrreat detectiion and asssessment.
`
`are locatedd
`
`19
`
`
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`IPR22014-012005
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`
`Patennt 7,983,8447 B2
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`
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`
`
`Figure 446 of Gelviin is reprodduced beloow:
`
`
`
`
`
`
`
`
`
`a
`
`
`
`
`
`
`
`
`Figuure 46 of GGelvin illusttrates a muultihop netwtwork of WWINS NG ssensor
`
`
`nodees that includes a gateeway nodee for remotte communnication. Idd. at
`
`
`
`
`
`0–31. As
`15:3
`
`
`
`
`
`is noted byy Wireless Seismic (PPet. 32), GGelvin desccribes that
`
`
`
`
`
`
`densse distributtion of WINNS NG sennsor nodess, when commbined wi
`th proper
`
`
`
`
`
`
`
`netwworking, ennables multtihop, shorrt-range coommunicattion betweeen nodes.
`
`
`
`
`
`Ex. 11004, 98:77–8. In onee embodimment, Gelviin’s data tr
`
`
`ansmissionn paths aree
`
`
`
`
`estabblished acccording to this descripption:
`
`can be esstablished
`
`tables baack to the
`gateway
`with
`Routing
`packets
`
`
`
`being transmitted ouutwards, annd moving
`
`on when aa link
`
`
`
`
`
`
`pair commes up. TThe routinng tables rrecord resoource usagge in
`s the
`transit.
`
`
`
`Informatiion packetts then floow downh
`ill toward
`o the
`
`
`
`
`
`gatewayys along mminimum reesource usse paths, acccording t
`
`
`boot-up packets reeceived by a given noode.
`
`
`
`
`Ex. 11004, 48:3–7.
`
`
`20
`
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`IPR22014-012005
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`Patennt 7,983,8447 B2
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`
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`
`
`
`
`
`Gelvin aalso disclosses a type oof sensor nnode that iss different
`from and
`
`
`
`
`
`
`
`not rreferred to as WINS NNG. Instead, it is refferred to ass “PicoWINNS.” In
`
`
`
`
`
`
`that regard, Geelvin statess: “The PiccoWINS emmbodimennt employs
` many
`
`
`
`
`
`
`
`featuures of the WINS NGG technologgy, but inteegrates theem into moore
`
`
`
`
`
`
`
`comppact-lowerr power devices.” Exx. 1004, 755:3–5. Whhen describbing a
`
`
`
`
`PicooWINS embbodiment, Gelvin staates:
`
`of PicoWWINS are
`
`
`Nodes oof this emmbodiment
`
`conformall and
`from
`
`
`in many ppackages, mmarking a
`may be
`embedded
`departure
`n various
`
`
`previouss technologgies. Such nodes i
`
`s embodimments
`
`
`
`
`attach tto boots aand vehiccles tires
`
`
`detect and treadds, and d
`
`
`
`proximiity, touch, sound, annd light.
`
`
`
`
`Ex.
`
`
`
`depicted by W
`
`
`
`
`ireless Seismic (Pet. 32) is reprroduced beelow:
`
`
`
`as or node aINS sensoA PicoWIadded). Aemphasis a1004, 75:19–22 (e
`
`
`The
`
`
`
`
`
`illustrationn is Figuree 43 of Gelvin and shhows a PiccoWINS s
`
`ensor nodee,
`
`
`
`
`
`whicch is diffeerent fromm a WINSS NG sennsor node
`
`
`as discusssed abovee.
`
`
`Ex. 11004, 15:22
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