IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LINDSAY CORPORATION
`
`Petitioner
`
`Case IPR2015-________
`
`U.S. Patent No. 7,003,357
`
`v.
`
`VALMONT INDUSTRIES, INC.
`
`
`
`DECLARATION OF DR. CRAIG ROSENBERG UNDER 37 C.F.R. §
`
`1.132
`
`1.
`
`I am Dr. Craig Rosenberg and my residential address is 1574
`
`NW 190th Street, Shoreline, WA 98177.
`
`2.
`
`I have been retained as an independent expert consultant in this
`
`proceeding before the United States Patent and Trademark Office
`
`(“USPTO”), which I understand involves U.S. Patent No. 7,003,357,
`
`(Exhibit 1001 or the “ ’357 Patent”). The ’357 Patent is assigned to Valmont
`
`Industries, Inc. (“Valmont”). Although I am being compensated at my
`
`1
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LINDSAY CORPORATION
`
`Petitioner
`
`Case IPR2015-________
`
`U.S. Patent No. 7,003,357
`
`v.
`
`VALMONT INDUSTRIES, INC.
`
`
`
`DECLARATION OF DR. CRAIG ROSENBERG UNDER 37 C.F.R. §
`
`1.132
`
`1.
`
`I am Dr. Craig Rosenberg and my residential address is 1574
`
`NW 190th Street, Shoreline, WA 98177.
`
`2.
`
`I have been retained as an independent expert consultant in this
`
`proceeding before the United States Patent and Trademark Office
`
`(“USPTO”), which I understand involves U.S. Patent No. 7,003,357,
`
`(Exhibit 1001 or the “ ’357 Patent”). The ’357 Patent is assigned to Valmont
`
`Industries, Inc. (“Valmont”). Although I am being compensated at my
`
`1
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 1
`
`
`
`regular consulting rate of $375 per hour for the time I spend on this matter,
`
`no part of my compensation is dependent on the outcome of this proceeding,
`
`and I have no other interest in the outcome of this case or the ’357 Patent.
`
`3.
`
`I understand that Lindsay Corporation is petitioning the Patent
`
`Office for an inter partes review of claims 1-18 of the ’357 Patent. I have
`
`been retained by the Petitioner to offer technical opinions relating to the
`
`’357 Patent and certain prior-art references relating to its subject matter.
`
`4.
`
`I have been asked to evaluate the ’357 Patent, along with its
`
`prosecution history (Exhibit 1002) and related prior art to determine whether
`
`the claims in the ’357 Patent would have been anticipated or been obvious to
`
`one of skill in the art at the time of filing of the ’357 Patent. My
`
`qualifications and opinions are set for the below.
`
`Educational and Professional Background and Qualifications
`
`5.
`
`I hold degrees in Industrial Engineering and Human Factors,
`
`including a Ph.D. from the University of Washington. For over 25 years I
`
`have worked in the areas of human factors, user interface design, software
`
`development, software architecture, and modeling and simulation across a
`
`wide variety of application areas including aerospace, entertainment,
`
`communications, and healthcare.
`
`2
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 2
`
`
`
`6.
`
`For the past 18 years, I have served as a consultant for Global
`
`Technica, Sunny Day Software, Stanley Associates, Techrizon LLC, and
`
`CDI Corporation. In this capacity I have consulted for Boeing Company as
`
`a senior human factors engineer, user interface designer, and software
`
`architect for a wide range of advanced commercial and military programs.
`
`Many of the projects that I have been involved with include advanced
`
`software development, user interface design, agent-based software, and
`
`modeling and simulations in the areas of missile defense, homeland security,
`
`battle command management, networking and communications, air traffic
`
`control, location-based services, and Unmanned Aerial Vehicle (“UAV”)
`
`command and control. Additionally, I was the lead system architect
`
`developing advanced air traffic controller workstations and air traffic control
`
`analysis applications, toolsets, and trade study simulations for Boeing Air
`
`Traffic Management.
`
`7.
`
`I was also the architect of the Boeing Human Agent Model.
`
`The Boeing Human Agent Model is an advanced model for the simulation of
`
`human sensory, cognitive, and motor performance as applied to the roles of
`
`air traffic controllers, pilots, and UAV operators. In another project, I was
`
`the lead human factors engineer and user interface designer for Boeing’s
`
`main vector and raster computer aided drafting and editing system that
`
`3
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 3
`
`
`
`produces the maintenance manuals, shop floor illustrations, and service
`
`bulletins for Boeing Commercial Aircraft Company. Additional
`
`responsibilities in my time as a consultant include system engineering,
`
`requirements analysis, functional specification, use case development, user
`
`stories, application prototyping, modeling and simulation, object oriented
`
`software architecture, graphical user interface analysis and design, as well as
`
`UML, C++, C#, and Java software development.
`
`8.
`
`In 1995 and 1996, I was hired as the lead human factors
`
`engineer and user interface designer for the first two-way pager that was
`
`produced by AT&T. Prior to this technology, people could receive pages
`
`but had no way to respond utilizing their pager. This new technology
`
`allowed users to utilize a small handheld device to receive and send canned
`
`or custom pages, access and update an address book, and access and update
`
`a personal calendar. This very high profile project involved designing the
`
`entire feature set, user interface/user interaction design and specification, as
`
`well as all graphical design and graphical design standards.
`
`9.
`
`In 1999 – 2001, I was the lead human factors engineer and user
`
`interface designer for a company called Eyematic Interfaces that was
`
`responsible for all user interface design and development activities
`
`associated with real-time mobile hand held 3D facial tracking, animation,
`
`4
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 4
`
`
`
`avatar creation and editing software for a product for Mattel. My work
`
`involved user interface design, human factors analysis, requirements
`
`gathering and analysis, and functional specifications.
`
`10.
`
`I was the lead user interface designer for a company called
`
`ObjectSpeed that developed a portable handheld device for use in homes and
`
`businesses that had the many of the same capabilities that we take for
`
`granted in mobile cellular phones. This portable multifunction device
`
`supported email, chat, video conferencing, internet radio, streaming media,
`
`Microsoft Outlook integration, photo taking and sharing, etc. The
`
`ObjectSpeed device was specifically designed and developed as a portable
`
`handheld device.
`
`11.
`
`I am the founder, inventor, user interface designer, and software
`
`architect of WhereWuz. WhereWuz is a company that produces advanced
`
`mobile software running on GPS-enabled smartphones and handheld
`
`devices. WhereWuz allows users to record exactly where they have been
`
`and query this data in unique ways for subsequent retrieval based on time or
`
`location. WhereWuz was specifically designed and developed to run on
`
`small handheld devices.
`
`12.
`
`I am the co-founder of a medical technology company called
`
`Healium. Healium is developing advanced wearable and handheld user
`
`5
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 5
`
`
`
`interface technology to allow physicians to more effectively interact with
`
`electronic medical records.
`
`13.
`
`I am the co-founder of a medical technology company called
`
`StratoScientific. StratoScientific is developing a handheld smartphone
`
`stethoscope that turns a handheld computer such as a smartphone, PDA,
`
`laptop, or tablet into a full featured digital stethoscope.
`
`14.
`
`I designed and developed a large software project for Disney
`
`World called xGS that allowed the operational employees of Disney World
`
`to utilize a handheld device to view the status of all of the guests within
`
`multiple attractions as well as within one of their restaurants. The
`
`application could run in a real-time/live mode where it would display data
`
`collected from sensors that showed the location and status of all guests
`
`within the attraction; the application could also be run in a fast-
`
`time/simulated mode. The application was developed on a laptop computer
`
`and was specifically designed to run on a variety of handheld devices
`
`including laptops, PCs, smartphones, and tablets.
`
`15.
`
`I have received numerous awards for my engineering work
`
`relating to interface design, computer graphics, and the design of spatial,
`
`stereographic, and auditory displays, including a $10,000 scholarship from
`
`the I/ISEC for advancing the field of interactive computer graphics for flight
`
`6
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 6
`
`
`
`simulation, a Link Foundation award for furthering the field of flight
`
`simulation and virtual interface design, and two clean energy engineering
`
`awards from the City of Los Angeles for designing an energy saving
`
`product. I have created graphics for several popular book covers as well as
`
`animations for a movie produced by MIRAMAR. I have published twenty-
`
`two research papers in professional journals and proceedings relating to user
`
`interface design, computer graphics, and the design of spatial, stereographic,
`
`and auditory displays.
`
`16.
`
`I graduated from the University of Washington in 1988 with a
`
`B.S. in Industrial Engineering. After graduation, I continued my studies at
`
`the University of Washington. In 1990, I obtained an M.S. in Human
`
`Factors. In 1994, I graduated with a Ph.D. in Human Factors. In the course
`
`of my doctoral studies, I worked as an Associate Assistant Human Factors
`
`Professor at the University of Washington Industrial Engineering
`
`Department. My duties included teaching, writing research proposals,
`
`designing and conducting funded human factors experiments for the
`
`National Science Foundation, as well as hiring and supervising students.
`
`17. While studying at the University of Washington, I also worked
`
`as a human factors researcher and designed and performed advanced human
`
`factors experiments relating to virtual worlds and advanced visualization
`
`7
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 7
`
`
`
`research, which was funded by the National Science Foundation. My duties
`
`included user interface design, systems design, software development,
`
`graphics programming, experimental design, as well as hardware and
`
`software interfacing.
`
`18. A detailed record of my professional qualifications, including a
`
`list of publications, awards, research grants, and professional activities, is set
`
`forth in my curriculum vitae that is attached to this report as Exhibit A.
`
`Overview of U.S. Patent No. 7,003,357 (Exhibit 1001)
`
`19.
`
`I have reviewed the specification of the ’357 Patent, which was
`
`filed on July 1, 2002, together with prosecution history of the ’357 Patent
`
`and claims 1 - 18 of the ’357 Patent. I also reviewed U.S. Patent No.
`
`6,853,883, the parent patent to the ’357 Patent, including its file history. I
`
`have been asked to assume that the effective filing date (the priority date) of
`
`the ’357 Patent is its filing date of July 1, 2002. I understand that prior art
`
`constitutes publications and patent materials dated before the priority date of
`
`the ’357 Patent.
`
`20.
`
`The ’357 Patent generally addresses a portable remote control
`
`for an irrigation system. The irrigation system has a component controller
`
`that is connected to irrigation components and ancillary equipment. The
`
`8
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 8
`
`
`
`patent discloses a method and device for remotely reading the status of an
`
`irrigation system and remotely controlling the irrigation components and
`
`ancillary equipment through a remote user interface (“RUI”). The RUI is a
`
`hand-held display with an optional keypad, which is a separate unit from the
`
`irrigation component controller.
`
`21.
`
`The RUI as disclosed in the subject patent communicates with
`
`and controls the irrigation components using wireless telemetry technology.
`
`The RUI allows the user to read the status of, communicate with, and control
`
`irrigation components from any location, without requiring the user to be at
`
`the physical irrigation component controls or at a specific location in the
`
`field. The ‘357 patent discloses, “It is further contemplated that the RUI
`
`14 could be comprised of a PDA that is interfaced with a cellular or digital
`
`telephone using an interface cable.” (Col. 6: 19 - 21)
`
`22.
`
`The RUI as disclosed in the subject patent includes a processor
`
`and software that runs on the remote user interface and generates a graphical
`
`user interface (“GUI”) on a display. The GUI includes icons that represent
`
`the status of different components within the irrigation system. The GUI can
`
`be manipulated by the user to control the irrigation system.
`
`23.
`
`The ’357 Patent further discloses “The RUI can be comprised
`
`of one or more components that are operatively connected to one another.
`
`9
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 9
`
`
`
`One such component could be a personal digital assistant (PDA) or similar
`
`portable hand-held computer of a compact size. The technology base of the
`
`PDA will be useful for storing information relating to the various irrigation
`
`components and ancillary equipment. The PDA can further serve to host
`
`software that is operative on the RUI for receiving and interpreting status
`
`information from the irrigation components and ancillary equipment. This
`
`same software is further provided to receive control commands from the user
`
`and transmit the same to the irrigation controls.” (’357 Patent, Col. 3: 35 -
`
`46).
`
`Background of the Technology
`
`24. As established by the background of the ’357 Patent, at the time
`
`of the invention there were many solutions available to remotely control
`
`irrigation systems and the devices and components thereof.
`
`25.
`
`The background of the ’357 Patent discloses, “One prior art
`
`device for remotely controlling irrigation systems is the base station control.
`
`The base station control utilizes RF telemetry or cell phone telemetry to read
`
`the status of and control irrigation components from a personal computer
`
`(PC). The disadvantage of this method is that the user needs to be at the PC.
`
`Situations arise whereby after viewing the operation of the irrigation
`
`10
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 10
`
`
`
`components, immediate action is needed. The base station control system
`
`requires the user to go back to the PC, which may be located miles away, for
`
`remote control capability.” (’357 Patent, Col. 1: 26 – 35).
`
`26.
`
`The background of the subject patent also discloses, “A second
`
`type of system is known as the remote mount control panel system. Remote
`
`mount control panels consist of mounting the control panels of the
`
`components at a location in the field away from the irrigation system
`
`components to thereby provide relatively easy access to the control panels.
`
`This requires burying the power and control wires in the field. This method
`
`also limits access to the control panels to one particular location, that being
`
`the location of the remote mounted control panel.” (’357 Patent, Col. 1: 37 -
`
`45).
`
`27.
`
`In view of the prior art provided in the background of the
`
`subject patent, many conventional systems were known at the time of the
`
`invention to provide a central control computer (or base station) that reports
`
`on the status of the irrigation equipment to a remote monitoring station and
`
`that executes command signals sent wirelessly to the irrigation system.
`
`28.
`
`It was also known at the time, as evidenced by U.S. Patent No.
`
`6,337,971 to Abts, which formed a basis of a rejection during prosecution of
`
`11
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 11
`
`
`
`the ’357 Patent and is discussed below, that data and alarms from irrigation
`
`devices can be delivered to a remote computer through radio transmission or
`
`to pagers through paging telemetry. Further, having a paging system at each
`
`pivot to receive command signals from a remote phone to control activities
`
`at the pivot was also known at the time of the invention.
`
`The Level of Ordinary Skill In the Prior Art
`
`29.
`
`I was advised to evaluate the ’357 Patent claims and the prior
`
`art references through the eyes of a hypothetical person of ordinary skill in
`
`the art at the time of the claimed invention (i.e., prior to the July 2002 filing
`
`date). In considering the definition of such a hypothetical person, I was told
`
`to consider factors such as the educational level and years of experience of
`
`persons working in the pertinent art, the types of problems encountered in
`
`the art, the teachings of the prior art, and the sophistication of the
`
`technology. Based upon such factors, it is my opinion that a person of
`
`ordinary skill in connection with this matter is generally one who has at least
`
`a Bachelor’s degree in electrical engineering or a related engineering
`
`discipline such as industrial engineering, and several years of relevant
`
`academic, research, or industry work experience.
`
`12
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 12
`
`
`
`Overview of the relevant prior art references cited in the Petition
`
`30. As established in the background of the subject patent, many
`
`systems were previously known in the area of remote control of irrigation
`
`systems and their components. It was also known to monitor and control
`
`irrigation systems and components through multiple GUIs.
`
`Overview of Scott
`
`31.
`
`Exhibit 1004, PCT Patent Application Publication No. WO
`
`99/39567 to Scott et al. (“Scott”) discloses a computer-controlled irrigation
`
`system for monitoring and controlling irrigation system elements. The
`
`system may include a computer such as a laptop with a video display. A
`
`radio link is used to wirelessly send commands from the computer (e.g.,
`
`laptop) directly to valve controllers. Software on the computer provides a
`
`graphical user interface including animations and hyperlinked irrigation
`
`system elements (i.e., a plurality of GUIs) that allow a user to zoom in on
`
`irrigation system elements and adjust programming parameters or monitor
`
`their operation. Reproduced below are several figures from Scott showing
`
`the nature of the disclosed GUI.
`
`13
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 13
`
`
`
`Figure 16 from Scott, Exhibit 1004
`
`Figure 22 from Scott, Exhibit 1004
`
`14
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 14
`
`
`
`Figure 23 from Scott, Exhibit 1004
`
`Figure 28 from Scott, Exhibit 1004
`
`15
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 15
`
`
`
`Figure 29 from Scott, Exhibit 1004
`
`Overview of Pyotsia
`
`32.
`
`Exhibit 1007, U.S. Patent No. 7,010,294 to Pyotsia et al.
`
`(“Pyotsia”) discloses a mobile terminal (“controller”) for wireless (remote)
`
`control of field devices in an industrial process. An example of an
`
`intelligent field device given in Pyotsia is a control valve with a valve
`
`controller. Specifically, the controller, such as a mobile phone or PDA,
`
`communicates over a cellular communication system with a control system
`
`connected to a plurality of field devices to remotely control, configure, or
`
`monitor the field devices. Pyotsia explains that his invention can be applied
`
`16
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 16
`
`
`
`to any industrial process or the like comprising an automation, control or
`
`diagnostic system and intelligent field devices. An intelligent field device
`
`signifies here any device relating to a process or an automated system that
`
`can be controlled and/or is capable of producing diagnostic data. A typical
`
`intelligent field device is a control valve with a valve controller.
`
`Figure 29 from Pyotsia, Exhibit 1007
`
`
`
`Pyotsia discloses, “An aspect of the present invention is a control system
`
`for controlling configuring or monitoring field devices in an industrial
`
`process, said control system being connected to a plurality of field devices
`
`17
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 17
`
`
`
`and comprising at least one mobile terminal arranged to communicate
`
`with the control system over a cellular communication system in order to
`
`selectively remotely control, configure or monitor the field devices.” (Col.
`
`3: 10 - 17). Pyotsia describes wireless telemetry that could be either
`
`cellular communication or any mobile communication based on digital
`
`network standards.
`
`Pyotsia describes, “At present, the most promising method for providing a
`
`standard mobile terminal MT with an internet capability is a Wireless
`
`Application Protocol, WAP, defined by the Wireless Application Protocol
`
`Forum. WAP specifies an application framework and network protocols
`
`for wireless devices, such as mobile telephones, pagers and personal
`
`digital assistance (PDAs). The specifications extend mobile networking
`
`technologies (such as digital networking standards) and internet
`
`technologies (such as XML, URLs, Scripting, and various content formats).”
`
`(Col. 6: 42 - 51).
`
`
`
`33. HART is a communication protocol for establishing
`
`communication between the devices and control station, as established in the
`
`background of the Pyotsia ’294 patent. With reference to the architecture
`
`illustrated in FIG. 1 in Pyotsia, the control and I/O part 12 is connected via
`
`18
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 18
`
`
`
`HART buses to intelligent field devices, such as control valves 14, 15, 16
`
`and valve controllers 14A, 15A, 16A. HART enables a two-way
`
`communication, by means of which the intelligent field devices can be
`
`controlled, configured, and monitored.
`
`34. Using Web browser software on the mobile terminal and an
`
`“on-line connection” using Internet programming standards such as HTML
`
`and/or WAP protocols, the controller can communicate with Web servers
`
`utilizing an interactive user interface in order to control and manage data and
`
`remotely control, configure, or monitor the field devices by sending and
`
`receiving communication to and from the field devices through Web pages
`
`(GUIs). In this way, the mobile terminal MT is able to receive commands to
`
`control the field devices in response to selections or inputs made by the
`
`mobile terminal user by means of the interactive WWW pages.
`
`Overview of Abts
`
`35. Another approach to portable remote control known in the prior
`
`art is described in U.S. Patent 6,337,971 to Abts (“Abts”). Abts discloses
`
`pager communication and cellular/ touch tone phone in combination for
`
`monitoring the controllers in the field equipment in a group. In this mode,
`
`utilizing the combined communication of pager equipment and
`
`19
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 19
`
`
`
`cellular/touch phone communications, the control computer receives the data
`
`from the irrigation equipment and then transmits the received data to a pager
`
`system that establishes a communication link to an alpha port paging
`
`terminal through a telephone modem.
`
`36.
`
`The user provides input through a cellular phone or touch-tone
`
`telephone after reading the received data/status signal from the paging
`
`system and then provides the required input for controlling the irrigation
`
`equipment through an alpha port paging terminal via a telephone modem.
`
`Here the use of pager telemetry and cellular telemetry are both explained for
`
`controlling the irrigation field equipment remotely.
`
`20
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 20
`
`
`
`Figure 1 from Abts, Exhibit 1008
`
`37.
`
`The background section of Abts also describes the provision
`
`of alarms regarding remote equipment to a pager, “U.S. Pat. No.
`
`4,856,047 issued to Saunders teaches an automated remote telemetry
`
`paging system where operators carrying remote pagers are notified of
`
`alarms at a specific site location. The operator carrying the pager can
`
`take appropriate repair or corrective action to remedy the alarm
`
`21
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 21
`
`
`
`situation. In the '047 patent, the status of the monitored functions is
`
`continuously monitored every 26 microseconds. The input status values
`
`are compared against a reference field stored in memory and if a
`
`deviation occurs, an alarm is issued to the remote pager identifying the
`location with the alarm.” (Ex. 1008, Col. 1: 57 - 67).
`
`
`
`Overview of AIMS Telemetry Network
`
`38. Another system to remotely control irrigation equipment is
`
`disclosed in the article from “Irrigation Advances”, Volume 5, Issue 1,
`
`published in Spring 1996, describing the Automated Irrigation Management
`
`System (AIMS) Telemetry Network. (Ex. 1012). This system uses a central
`
`controller located at a field irrigation system (center pivot agricultural
`
`sprinkler system) to control the equipment and a remote control is provided
`
`by AIMS to communicate with the system.
`
`39. AIMS includes a software program that runs on a PC remote
`
`from the irrigation system(s) that turns the PC into a control center for
`
`AIMS-equipped irrigation pivots in the field. The software employs a GUI.
`
`AIMS telemetry software also allows the user to personalize the look of their
`
`farming operations and the equipment used in the farm by providing a
`
`22
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 22
`
`
`
`customizable user interface for the user with detailed drawings on the
`
`computer screen that show individual pivots, roads, buildings and other
`
`objects in the fields. A field map display makes it easy for growers to
`
`supervise the operation of multiple pivots, which are color coded to indicate
`
`pivot status at a glance:
`
`BLUE = system running wet
`
`GRAY = system off
`
`GREEN = system running dry
`
`RED = alarm status
`
`ORANGE = system applying chemicals
`
`On page 6 of the “Irrigation Advances” article, Mr. Blake Bennet mentioned
`
`that he is also making his laptop capable of providing him with the access,
`
`monitoring, and control that he desires from any mobile location using a
`
`cellular phone for monitoring and control of the software from almost
`
`anywhere. Mr. Bennet states, "I'm also adapting my laptop computer so that
`
`I can log into the system via cellular phone and monitor the network from
`
`almost anywhere. This way I won't be tied to the computer in my office."
`
`23
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 23
`
`
`
`From page 7 of the “Irrigation Advances” article: “With AIMS Telemetry,
`
`growers can communicate directly with AIMS panels from remote locations.
`
`A computer-generated image of the AIMS panel allows growers to monitor,
`
`program and control pivot operations. Irrigators can change water
`
`application rates, turn on a chemigation pump, set up a new AIMS program
`
`or handle many other management functions that normally require a trip to
`
`the field. AIMS Telemetry' also alerts the operator when a problem occurs.”
`
`Figure from Irrigation Advances, Page 5, Exhibit 1012
`
`24
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 24
`
`
`
`Overview of Walker
`
`40.
`
`Exhibit 1005 is PCT Patent Application Publication No. WO
`
`99/36297 to Walker (“Walker”). Walker discloses remotely controlling and
`
`monitoring of machines and devices. The Walker PCT teaches an
`
`interactive control center that is connected to peripheral devices and sensors
`
`through a standard paging and/or cellular phone network provided by
`
`wireless service providers. Remote control is accomplished by a phone call
`
`to a control center computer terminal node or “gateways” to other networks.
`
`Remote control allows both monitoring and controlling, by sending the
`
`machine messaging commands for the purpose of locating or performing
`
`remote control functions.
`
`41. Walker also discloses, “Cell phone systems have a number
`
`of companies directly producing modems that convert the cell phone
`
`into a data link for Laptops, palmtops programmable controllers etc. For
`
`the lap and palm tops they come with 2 in 1 PCMCIA (PC cards) to be
`
`able to use your laptop or palmtop like a desk top in a mobile situation
`
`through analogue telecom lines at 14.400 or 33.600 or through a digital
`
`GSM cellphone up to 56k bytes/sec. These are the COTS products and
`
`systems on the market today that can be interfaced in the invention to
`
`be a secure and varied interface that is protected. The pager interface
`
`25
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 25
`
`
`
`connectors will also be listed for one way and the logical development
`
`of the two way pager that are cots products and described as the
`original communication link and system for the stop box.” (Ex. 1005,
`Page 29: 6 - 13).
`
`42.
`
`In this way, Walker teaches using cell phone systems as data
`
`links for laptops, palmtops, or pagers in remote situations by interfacing
`
`cell phone systems with laptops, palmtops, or pagers, which further
`
`teaches that wireless telemetry could be enabled through the use of a
`
`cell phone.
`
`Claim Construction
`
`43.
`
`I was advised that, in connection with this matter, each
`
`claim term is to be given the broadest reasonable construction in light of
`
`the specification of the patent in which it appears. Toward that end, I have
`
`considered the terms of the claims to have the ordinary and customary
`
`meanings that they would have to a person of ordinary skill in the art
`
`consistent with the ’357 Patent specification. I have also considered the
`
`proposed constructions of the claim terms “hand-held display” or “handheld
`
`RUI,” “graphical user interface” or “GUI,” and “directly control” found on
`
`pages 5-7 of the Petition. I agree that the proposed constructions for those
`
`26
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 26
`
`
`
`terms represent their broadest reasonable interpretation in light of the ’357
`
`Patent specification. Furthermore, I have reviewed the identification of the
`
`disclosed means for performing the claimed functions of the “means plus
`
`function” elements of the claims, and I agree with the identification of
`
`structure disclosed in the specification to perform the functions that is set
`
`forth in the petition at pages 7-8.
`
`Claims 1, 6-14, and 16-18 are Anticipated by Scott
`
`44.
`
`I understand that anticipation means each element of a
`
`claim is disclosed in a single prior art reference, arranged in the same
`
`manner as set forth in the claim. With this understanding, it is my
`
`opinion that Scott discloses all of the elements of the above referenced
`
`claims for the same reasons as set forth in the petition at pages 9-28.
`
`45. Claim 1 requires “a remote user interface for reading status of
`
`and controlling irrigation equipment” in the form of “a hand-held display”;
`
`with “a processor”; “wireless telemetry means”; and “software operable on”
`
`the “processor” for “displaying data” as “GUIs”; “receiving” user
`
`“commands to control the irrigation equipment” through the GUIs; and
`
`“transmitting signals” “to control the irrigation equipment in accordance
`
`with” the commands. Independent claim 17 is a method analogue to claim 1.
`
`27
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 27
`
`
`
`46. As described above, Scott discloses a water resource and
`
`management system, or irrigation system, remotely controlled and
`
`monitored by a laptop. (Ex. 1004, Abstract and pg. 14, ll. 16-221). As
`
`mentioned above, I have fully considered first the definition of a hand-
`
`held display as taught in the claims, secondarily the specification, and
`
`thirdly, the plane and ordinary meaning of the term. In my analysis of
`
`the term “hand-held,” I have found no limited examples in the subject
`
`patent or the prior art references, no additional information that was
`
`provided in the file history, and no contrary statements of any kind that
`
`would inform or limit the definition of a “hand-held display” from its
`
`broadest reasonable interpretation. In my experience, informed by my
`
`education and my work experience, a laptop computer is a type of
`
`handheld display that is “small enough to be used or operated while
`
`being held in the hand or hands,” as defined by Dictonary.com. Given
`
`all of the above, a laptop is a “hand-held display,” as recited in claims 1 and
`
`17. Scott also discloses a processor (e.g., INTEL PENTIUM) and software
`
`that displays irrigation equipment status data as GUIs, receives user
`
`commands through manipulation of the GUIs, and transmits control signals
`
`to irrigation equipment (e.g., valve controllers) wirelessly via radio link, as
`
`1 Page numbers referenced herein for Exhibits 1004, 1005 and 1012 are according to the page numbers
`assigned by the petitioner at the bottom of each page, not the originally-published page numbers.
`
`28
`
`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009 - 28
`
`
`
`in claim 1 and 17. (Ex. 1004, pg. 11, ll. 3-5 and 35-36; pg. 12, ll. 1-3; pg. 14,
`
`ll. 17-19 and 30-34; pg. 21, ll. 23-25; pg. 34, ll. 4-6; pg. 36, ll. 12-14; and
`
`pg. 43, ll. 3-6).
`
`47. Claim 6 adds the requirement that the irrigation equipment
`
`status information be displayed by GUIs “shaped to identify particular types
`
`of irrigation equipment.” Scott discloses a plurality of GUIs shaped to
`
`identify particular types of irrigation equipment. Specifically, Scott discloses
`
`anima
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