`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`LINDSAY CORPORATION
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`
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`Petitioner
`
`Case IPR2015-01039
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`
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`U.S. Patent No. 7,003,357
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`v.
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`VALMONT INDUSTRIES, INC.
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`
`
`
`
`
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`DECLARATION OF DR. CRAIG ROSENBERG UNDER 37 C.F.R. §
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`1.132
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`1.
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`I am Dr. Craig Rosenberg and my residential address is 1574
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`NW 190th Street, Shoreline, WA 98177.
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`2.
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`I have been retained as an independent expert consultant in this
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`proceeding before the United States Patent and Trademark Office
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`(“USPTO”), which I understand involves U.S. Patent No. 7,003,357,
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`(Exhibit 1001 or the “ ’357 Patent”). The ’357 Patent is assigned to Valmont
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`Industries, Inc. (“Valmont”). Although I am being compensated at my
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`1
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 1
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`regular consulting rate of $375 per hour for the time I spend on this matter,
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`no part of my compensation is dependent on the outcome of this proceeding,
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`and I have no other interest in the outcome of this case or the ’357 Patent.
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`3.
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`I understand that Lindsay Corporation is petitioning the Patent
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`Office for an inter partes review of claims 1-18 of the ’357 Patent. I have
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`been retained by the Petitioner to offer technical opinions relating to the
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`’357 Patent and certain prior-art references relating to its subject matter.
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`4.
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`I have been asked to evaluate the ’357 Patent, along with its
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`prosecution history (Exhibit 1002) and related prior art to determine whether
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`the claims in the ’357 Patent would have been anticipated or been obvious to
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`one of skill in the art at the time of filing of the ’357 Patent. My
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`qualifications and opinions are set for the below.
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`
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`Educational and Professional Background and Qualifications
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`5.
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`I hold degrees in Industrial Engineering and Human Factors,
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`including a Ph.D. from the University of Washington. For over 25 years I
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`have worked in the areas of human factors, user interface design, software
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`development, software architecture, and modeling and simulation across a
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`wide variety of application areas including aerospace, entertainment,
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`communications, and healthcare.
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`2
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 2
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`6.
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`For the past 18 years, I have served as a consultant for Global
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`Technica, Sunny Day Software, Stanley Associates, Techrizon LLC, and
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`CDI Corporation. In this capacity I have consulted for Boeing Company as
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`a senior human factors engineer, user interface designer, and software
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`architect for a wide range of advanced commercial and military programs.
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`Many of the projects that I have been involved with include advanced
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`software development, user interface design, agent-based software, and
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`modeling and simulations in the areas of missile defense, homeland security,
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`battle command management, networking and communications, air traffic
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`control, location-based services, and Unmanned Aerial Vehicle (“UAV”)
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`command and control. Additionally, I was the lead system architect
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`developing advanced air traffic controller workstations and air traffic control
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`analysis applications, toolsets, and trade study simulations for Boeing Air
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`Traffic Management.
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`7.
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`I was also the architect of the Boeing Human Agent Model.
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`The Boeing Human Agent Model is an advanced model for the simulation of
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`human sensory, cognitive, and motor performance as applied to the roles of
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`air traffic controllers, pilots, and UAV operators. In another project, I was
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`the lead human factors engineer and user interface designer for Boeing’s
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`main vector and raster computer aided drafting and editing system that
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`3
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 3
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`produces the maintenance manuals, shop floor illustrations, and service
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`bulletins for Boeing Commercial Aircraft Company. Additional
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`responsibilities in my time as a consultant include system engineering,
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`requirements analysis, functional specification, use case development, user
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`stories, application prototyping, modeling and simulation, object oriented
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`software architecture, graphical user interface analysis and design, as well as
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`UML, C++, C#, and Java software development.
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`8.
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`In 1995 and 1996, I was hired as the lead human factors
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`engineer and user interface designer for the first two-way pager that was
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`produced by AT&T. Prior to this technology, people could receive pages
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`but had no way to respond utilizing their pager. This new technology
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`allowed users to utilize a small handheld device to receive and send canned
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`or custom pages, access and update an address book, and access and update
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`a personal calendar. This very high profile project involved designing the
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`entire feature set, user interface/user interaction design and specification, as
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`well as all graphical design and graphical design standards.
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`9.
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`In 1999 – 2001, I was the lead human factors engineer and user
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`interface designer for a company called Eyematic Interfaces that was
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`responsible for all user interface design and development activities
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`associated with real-time mobile hand held 3D facial tracking, animation,
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`4
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 4
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`avatar creation and editing software for a product for Mattel. My work
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`involved user interface design, human factors analysis, requirements
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`gathering and analysis, and functional specifications.
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`10.
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`I was the lead user interface designer for a company called
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`ObjectSpeed that developed a portable handheld device for use in homes and
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`businesses that had the many of the same capabilities that we take for
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`granted in mobile cellular phones. This portable multifunction device
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`supported email, chat, video conferencing, internet radio, streaming media,
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`Microsoft Outlook integration, photo taking and sharing, etc. The
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`ObjectSpeed device was specifically designed and developed as a portable
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`handheld device.
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`11.
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`I am the founder, inventor, user interface designer, and software
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`architect of WhereWuz. WhereWuz is a company that produces advanced
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`mobile software running on GPS-enabled smartphones and handheld
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`devices. WhereWuz allows users to record exactly where they have been
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`and query this data in unique ways for subsequent retrieval based on time or
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`location. WhereWuz was specifically designed and developed to run on
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`small handheld devices.
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`12.
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`I am the co-founder of a medical technology company called
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`Healium. Healium is developing advanced wearable and handheld user
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`5
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`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009A - 5
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`interface technology to allow physicians to more effectively interact with
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`electronic medical records.
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`13.
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`I am the co-founder of a medical technology company called
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`StratoScientific. StratoScientific is developing a handheld smartphone
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`stethoscope that turns a handheld computer such as a smartphone, PDA,
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`laptop, or tablet into a full featured digital stethoscope.
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`14.
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`I designed and developed a large software project for Disney
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`World called xGS that allowed the operational employees of Disney World
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`to utilize a handheld device to view the status of all of the guests within
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`multiple attractions as well as within one of their restaurants. The
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`application could run in a real-time/live mode where it would display data
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`collected from sensors that showed the location and status of all guests
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`within the attraction; the application could also be run in a fast-
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`time/simulated mode. The application was developed on a laptop computer
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`and was specifically designed to run on a variety of handheld devices
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`including laptops, PCs, smartphones, and tablets.
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`15.
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`I have received numerous awards for my engineering work
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`relating to interface design, computer graphics, and the design of spatial,
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`stereographic, and auditory displays, including a $10,000 scholarship from
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`the I/ISEC for advancing the field of interactive computer graphics for flight
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`6
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 6
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`simulation, a Link Foundation award for furthering the field of flight
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`simulation and virtual interface design, and two clean energy engineering
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`awards from the City of Los Angeles for designing an energy saving
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`product. I have created graphics for several popular book covers as well as
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`animations for a movie produced by MIRAMAR. I have published twenty-
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`two research papers in professional journals and proceedings relating to user
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`interface design, computer graphics, and the design of spatial, stereographic,
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`and auditory displays.
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`16.
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`I graduated from the University of Washington in 1988 with a
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`B.S. in Industrial Engineering. After graduation, I continued my studies at
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`the University of Washington. In 1990, I obtained an M.S. in Human
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`Factors. In 1994, I graduated with a Ph.D. in Human Factors. In the course
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`of my doctoral studies, I worked as an Associate Assistant Human Factors
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`Professor at the University of Washington Industrial Engineering
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`Department. My duties included teaching, writing research proposals,
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`designing and conducting funded human factors experiments for the
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`National Science Foundation, as well as hiring and supervising students.
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`17. While studying at the University of Washington, I also worked
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`as a human factors researcher and designed and performed advanced human
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`factors experiments relating to virtual worlds and advanced visualization
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`7
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 7
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`research, which was funded by the National Science Foundation. My duties
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`included user interface design, systems design, software development,
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`graphics programming, experimental design, as well as hardware and
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`software interfacing.
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`18. A detailed record of my professional qualifications, including a
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`list of publications, awards, research grants, and professional activities, is set
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`forth in my curriculum vitae that is attached to this report as Exhibit A. It
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`should be noted that I would qualify as one of skill in the art in the time
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`period of the ‘357 patent and beyond. In addition to my own personal
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`training and experience, I have also interacted with and directed others that
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`match my definition of skill in the art as defined in paragraph 29 below
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`throughout my career. Because of both of these factors, I am knowledgeable
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`as to the qualifications that one of skill in the art for the ‘357 patent would
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`possess.
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`
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`Overview of U.S. Patent No. 7,003,357 (Exhibit 1001)
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`19.
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`I have reviewed the specification of the ’357 Patent, which was
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`filed on July 1, 2002, together with prosecution history of the ’357 Patent
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`and claims 1 - 18 of the ’357 Patent. I also reviewed U.S. Patent No.
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`6,853,883, the parent patent to the ’357 Patent, including its file history. I
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`8
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 8
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`have been asked to assume that the effective filing date (the priority date) of
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`the ’357 Patent is its filing date of July 1, 2002. I understand that prior art
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`constitutes publications and patent materials dated before the priority date of
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`the ’357 Patent.
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`20. The ’357 Patent generally addresses a portable remote control
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`for an irrigation system (Kreikemeier Abstract ‘357, Col. 1, 46 – Col. 2,
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`46). The irrigation system has a component controller that is connected to
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`irrigation components and ancillary equipment. The patent discloses a
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`method and device for remotely reading the status of an irrigation system
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`and remotely controlling the irrigation components and ancillary equipment
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`through a remote user interface (“RUI”). The RUI is a hand-held display
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`with an optional keypad, which is a separate unit from the irrigation
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`component controller.
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`21. The RUI as disclosed in the subject patent communicates with
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`and controls the irrigation components using wireless telemetry technology.
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`The RUI allows the user to read the status of, communicate with, and control
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`irrigation components from any location, without requiring the user to be at
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`the physical irrigation component controls or at a specific location in the
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`field. The ‘357 patent discloses, “It is further contemplated that the RUI
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`9
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 9
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`14 could be comprised of a PDA that is interfaced with a cellular or digital
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`telephone using an interface cable.” (Kreikemeier ‘357, Col. 6, 19 - 21)
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`22. The RUI as disclosed in the subject patent includes a processor
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`and software that runs on the remote user interface and generates a graphical
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`user interface (“GUI”) on a display. The GUI includes icons that represent
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`the status of different components within the irrigation system. The GUI can
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`be manipulated by the user to control the irrigation system. (Kreikemeier
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`Abstract ‘357, Col. 1, 46 – Col. 2, 46).
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`23. The ’357 Patent further discloses “The RUI can be comprised
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`of one or more components that are operatively connected to one another.
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`One such component could be a personal digital assistant (PDA) or similar
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`portable hand-held computer of a compact size. The technology base of the
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`PDA will be useful for storing information relating to the various irrigation
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`components and ancillary equipment. The PDA can further serve to host
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`software that is operative on the RUI for receiving and interpreting status
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`information from the irrigation components and ancillary equipment. This
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`same software is further provided to receive control commands from the user
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`and transmit the same to the irrigation controls.” (’357 Patent, Col. 3, 35 -
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`46).
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`10
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 10
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`Background of the Technology
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`24. As established by the background of the ’357 Patent, at the time
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`of the invention there were many solutions available to remotely control
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`irrigation systems and the devices and components thereof.
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`25. The background of the ’357 Patent discloses, “One prior art
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`device for remotely controlling irrigation systems is the base station control.
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`The base station control utilizes RF telemetry or cell phone telemetry to read
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`the status of and control irrigation components from a personal computer
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`(PC). The disadvantage of this method is that the user needs to be at the PC.
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`Situations arise whereby after viewing the operation of the irrigation
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`components, immediate action is needed. The base station control system
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`requires the user to go back to the PC, which may be located miles away, for
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`remote control capability.” (’357 Patent, Col. 1, 26 – 35).
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`26. The background of the subject patent also discloses, “A second
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`type of system is known as the remote mount control panel system. Remote
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`mount control panels consist of mounting the control panels of the
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`components at a location in the field away from the irrigation system
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`components to thereby provide relatively easy access to the control panels.
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`This requires burying the power and control wires in the field. This method
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`11
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 11
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`also limits access to the control panels to one particular location, that being
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`the location of the remote mounted control panel.” (’357 Patent, Col. 1, 37 -
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`45).
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`27.
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`In view of the prior art provided in the background of the
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`subject patent, many conventional systems were known at the time of the
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`invention to provide a central control computer (or base station) that reports
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`on the status of the irrigation equipment to a remote monitoring station and
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`that executes command signals sent wirelessly to the irrigation system.
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`28.
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`It was also known at the time, as evidenced by U.S. Patent No.
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`6,337,971 to Abts, which formed a basis of a rejection during prosecution of
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`the ’357 Patent and is discussed below, that data and alarms from irrigation
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`devices can be delivered to a remote computer through radio transmission or
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`to pagers through paging telemetry. Abts ‘971, Col. 6, 25 – 34 describe that
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`signals that are sent to the central computer are sent via radio telemetry and
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`Abts ‘971 Col. 19, 5 – 9 describe that alarms are sent to the central
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`computer. Further, having a paging system at each pivot to receive
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`command signals from a remote phone to control activities at the pivot was
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`also known at the time of the invention (Abts ‘971, Col. 2, 1 – 3).
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`12
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 12
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`The Level of Ordinary Skill In the Prior Art
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`29.
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`I was advised to evaluate the ’357 Patent claims and the prior
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`art references through the eyes of a hypothetical person of ordinary skill in
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`the art at the time of the claimed invention (i.e., prior to the July 2002 filing
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`date). In considering the definition of such a hypothetical person, I was told
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`to consider factors such as the educational level and years of experience of
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`persons working in the pertinent art, the types of problems encountered in
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`the art, the teachings of the prior art, and the sophistication of the
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`technology. Based upon such factors, it is my opinion that a person of
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`ordinary skill in connection with this matter is generally one who has at least
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`a Bachelor’s degree in electrical engineering or a related engineering
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`discipline such as industrial engineering, and several years of relevant
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`academic, research, or industry work experience in the area of software
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`development, user interface design, and/or human factors.
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`Overview of the relevant prior art references cited in the Petition
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`30. As established in the background of the subject patent, many
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`systems were previously known in the area of remote control of irrigation
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`systems and their components. It was also known to monitor and control
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`irrigation systems and components through multiple GUIs.
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`13
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 13
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`Overview of Scott
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`31. Exhibit 1004, PCT Patent Application Publication No. WO
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`99/39567 to Scott et al. (“Scott”) discloses a computer-controlled irrigation
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`system for monitoring and controlling irrigation system elements (Scott
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`‘99/39567, Abstract). The system may include a computer such as a laptop
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`with a video display (Scott ‘99/39567, Page 12, 21 – 22) and (Scott
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`‘99/39567, Page 12, 16 – 20). A radio link is used to wirelessly send
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`commands from the computer (e.g., laptop) directly to valve controllers
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`(Scott ‘99/39567, Page 10, 1 – 3). Software on the computer provides a
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`graphical user interface including animations and hyperlinked irrigation
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`system elements (Scott ‘99/39567, Page 33, 2 – 6). (i.e., a plurality of GUIs)
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`that allow a user to zoom in on irrigation system elements and adjust
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`programming parameters or monitor their operation (Scott ‘99/39567, Page
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`41, 2 – 6). Reproduced below are several figures from Scott showing the
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`nature of the disclosed GUI.
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`14
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 14
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`Figure 16 from Scott, Exhibit 1004
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`Figure 22 from Scott, Exhibit 1004
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`15
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 15
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`Figure 23 from Scott, Exhibit 1004
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`Figure 28 from Scott, Exhibit 1004
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`16
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 16
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`Figure 29 from Scott, Exhibit 1004
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`Overview of Pyotsia
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`32. Exhibit 1007, U.S. Patent No. 7,010,294 to Pyotsia et al.
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`(“Pyotsia”) discloses a mobile terminal (“controller”) for wireless (remote)
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`control of field devices in an industrial process. An example of an
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`intelligent field device given in Pyotsia is a control valve with a valve
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`controller. Specifically, the controller, such as a mobile phone or PDA,
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`communicates over a cellular communication system with a control system
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`connected to a plurality of field devices to remotely control, configure, or
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`monitor the field devices. Pyotsia explains that his invention can be applied
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`17
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 17
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`to any industrial process or the like comprising an automation, control or
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`diagnostic system and intelligent field devices. An intelligent field device
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`signifies here any device relating to a process or an automated system that
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`can be controlled and/or is capable of producing diagnostic data. A typical
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`intelligent field device is a control valve with a valve controller.
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`
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`Figure 29 from Pyotsia, Exhibit 1007
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`Pyotsia discloses, “An aspect of the present invention is a control system
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`for controlling configuring or monitoring field devices in an industrial
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`process, said control system being connected to a plurality of field devices
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`18
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 18
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`and comprising at least one mobile terminal arranged to communicate
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`with the control system over a cellular communication system in order to
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`selectively remotely control, configure or monitor the field devices.” (Col.
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`3, 10 - 17). Pyotsia describes wireless telemetry that could be either
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`cellular communication or any mobile communication based on digital
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`network standards.
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`Pyotsia describes, “At present, the most promising method for providing a
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`standard mobile terminal MT with an internet capability is a Wireless
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`Application Protocol, WAP, defined by the Wireless Application Protocol
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`Forum. WAP specifies an application framework and network protocols
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`for wireless devices, such as mobile telephones, pagers and personal
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`digital assistance (PDAs). The specifications extend mobile networking
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`technologies (such as digital networking standards) and internet
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`technologies (such as XML, URLs, Scripting, and various content formats).”
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`(Col. 6, 42 - 51).
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`33. HART is a communication protocol for establishing
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`communication between the devices and control station, as established in the
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`background of the Pyotsia ’294 patent. With reference to the architecture
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`illustrated in FIG. 1 in Pyotsia, the control and I/O part 12 is connected via
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`19
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 19
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`HART buses to intelligent field devices, such as control valves 14, 15, 16
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`and valve controllers 14A, 15A, 16A. HART enables a two-way
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`communication, by means of which the intelligent field devices can be
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`controlled, configured, and monitored.
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`34. Using Web browser software on the mobile terminal and an
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`“on-line connection” using Internet programming standards such as HTML
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`and/or WAP protocols, the controller can communicate with Web servers
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`utilizing an interactive user interface in order to control and manage data and
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`remotely control, configure, or monitor the field devices by sending and
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`receiving communication to and from the field devices through Web pages
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`(GUIs) (Pyotsia ‘357, Col. 3, 10 – 24) and (Pyotsia ‘357, Col. 4, 1 – 27). In
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`this way, the mobile terminal MT is able to receive commands to control the
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`field devices in response to selections or inputs made by the mobile terminal
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`user by means of the interactive WWW pages.
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`Overview of Abts
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`35. Another approach to portable remote control known in the prior
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`art is described in U.S. Patent 6,337,971 to Abts (“Abts”). Abts discloses
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`pager communication and cellular/ touch tone phone in combination for
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`monitoring the controllers in the field equipment in a group (Abts ‘971, Col.
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`20
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 20
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`7, 52 – 59) and (Abts ‘971, Col. 8, 33- 42). In this mode, utilizing the
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`combined communication of pager equipment and cellular/touch phone
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`communications, the control computer receives the data from the irrigation
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`equipment and then transmits the received data to a pager system that
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`establishes a communication link to an alpha port paging terminal through a
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`telephone modem (Abts ‘971, Col. 7, 36 – 39).
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`36. The user provides input through a cellular phone or touch-tone
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`telephone after reading the received data/status signal from the paging
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`system and then provides the required input for controlling the irrigation
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`equipment through an alpha port paging terminal via a telephone modem
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`(Abts ‘971, Col. 7, 36 – 39). Here the use of pager telemetry and cellular
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`telemetry are both explained for controlling the irrigation field equipment
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`remotely (Abts ‘971, Col. 9, 1 – 9).
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`21
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 21
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`Figure 1 from Abts, Exhibit 1008
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`
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`37. The background section of Abts also describes the provision
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`of alarms regarding remote equipment to a pager, “U.S. Pat. No.
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`4,856,047 issued to Saunders teaches an automated remote telemetry
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`paging system where operators carrying remote pagers are notified of
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`alarms at a specific site location. The operator carrying the pager can
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`take appropriate repair or corrective action to remedy the alarm
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`22
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`Lindsay Corporation
`IPR2015-01039
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`Exhibit 1009A - 22
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`situation. In the '047 patent, the status of the monitored functions is
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`continuously monitored every 26 microseconds. The input status values
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`are compared against a reference field stored in memory and if a
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`deviation occurs, an alarm is issued to the remote pager identifying the
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`location with the alarm.” (Ex. 1008, Col. 1, 57 - 67).
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`
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`Overview of AIMS Telemetry Network
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`38. Another system to remotely control irrigation equipment is
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`disclosed in the article from “Irrigation Advances”, Volume 5, Issue 1,
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`published in Spring 1996, describing the Automated Irrigation Management
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`System (AIMS) Telemetry Network. (Ex. 1012). This system uses a central
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`controller located at a field irrigation system (center pivot agricultural
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`sprinkler system) to control the equipment and a remote control is provided
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`by AIMS to communicate with the system (AIMS, Page 5, “The AIMS
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`Telemetry Network allows farm managers to operate and monitor irrigation
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`systems from a computer located in their home or office.”) and (AIMS, Page
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`6, “With the data transmitting radio connections, "we can access and control
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`each pivot by the computer in our office, exactly as we would with the
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`AIMS panel in the field,'' and (AIMS, Page 6, “Bennett is working on
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`improving his own mobility with AIMS Telemetry. "I'm also adapting my
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`23
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`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009A - 23
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`laptop computer so that I can log into the system via cellular phone and
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`monitor the network from almost anywhere. This way I won't be tied to the
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`computer in my office.”)
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`39. AIMS includes a software program that runs on a PC remote
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`from the irrigation system(s) that turns the PC into a control center for
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`AIMS-equipped irrigation pivots in the field. The software employs a GUI.
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`AIMS telemetry software also allows the user to personalize the look of their
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`farming operations and the equipment used in the farm by providing a
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`customizable user interface for the user with detailed drawings on the
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`computer screen that show individual pivots, roads, buildings and other
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`objects in the fields. A field map display makes it easy for growers to
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`supervise the operation of multiple pivots, which are color coded to indicate
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`pivot status at a glance:
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`BLUE = system running wet
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`GRAY = system off
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`GREEN = system running dry
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`RED = alarm status
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`ORANGE = system applying chemicals
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`24
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`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009A - 24
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`On page 6 of the “Irrigation Advances” article, Mr. Blake Bennet mentioned
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`that he is also making his laptop capable of providing him with the access,
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`monitoring, and control that he desires from any mobile location using a
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`cellular phone for monitoring and control of the software from almost
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`anywhere. Mr. Bennet states, "I'm also adapting my laptop computer so that
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`I can log into the system via cellular phone and monitor the network from
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`almost anywhere. This way I won't be tied to the computer in my office."
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`
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`From page 7 of the “Irrigation Advances” article: “With AIMS Telemetry,
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`growers can communicate directly with AIMS panels from remote locations.
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`A computer-generated image of the AIMS panel allows growers to monitor,
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`program and control pivot operations. Irrigators can change water
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`application rates, turn on a chemigation pump, set up a new AIMS program
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`or handle many other management functions that normally require a trip to
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`the field. AIMS Telemetry' also alerts the operator when a problem occurs.”
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`25
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`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009A - 25
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`Figure from Irrigation Advances, Page 5, Exhibit 1012
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`Overview of Walker
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`40. Exhibit 1005 is PCT Patent Application Publication No. WO
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`99/36297 to Walker (“Walker”). Walker discloses remotely controlling and
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`monitoring of machines and devices. The Walker PCT teaches an
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`interactive control center that is connected to peripheral devices and sensors
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`through a standard paging and/or cellular phone network provided by
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`wireless service providers. Remote control is accomplished by a phone call
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`to a control center computer terminal node or “gateways” to other networks.
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`26
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`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009A - 26
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`Remote control allows both monitoring and controlling, by sending the
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`machine messaging commands for the purpose of locating or performing
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`remote control functions. (Walker ‘99/36297, Page 3, 22 – 31).
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`41. Walker also discloses, “Cell phone systems have a number
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`of companies directly producing modems that convert the cell phone
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`into a data link for Laptops, palmtops programmable controllers etc. For
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`the lap and palm tops they come with 2 in 1 PCMCIA (PC cards) to be
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`able to use your laptop or palmtop like a desk top in a mobile situation
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`through analogue telecom lines at 14.400 or 33.600 or through a digital
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`GSM cellphone up to 56k bytes/sec. These are the COTS products and
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`systems on the market today that can be interfaced in the invention to
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`be a secure and varied interface that is protected. The pager interface
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`connectors will also be listed for one way and the logical development
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`of the two way pager that are cots products and described as the
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`original communication link and system for the stop box.” (Ex. 1005,
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`Page 29, 6 - 13).
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`42.
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`In this way, Walker teaches using cell phone systems as data
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`links for laptops, palmtops, or pagers in remote situations by interfacing
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`cell phone systems with laptops, palmtops, or pagers, which further
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`27
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`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009A - 27
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`teaches that wireless telemetry could be enabled through the use of a
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`cell phone (Walker ‘99/36297, Page 27, 6 – 11).
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`Claim Construction
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`43.
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`I was advised that, in connection with this matter, each
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`claim term is to be given the broadest reasonable construction in light of
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`the specification of the patent in which it appears. Toward that end, I have
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`considered the terms of the claims to have the ordinary and customary
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`meanings that they would have to a person of ordinary skill in the art
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`consistent with the ’357 Patent specification. I have also considered the
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`proposed constructions of the claim terms “hand-held display” or “handheld
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`RUI,” “graphical user interface” or “GUI,” and “directly control” found on
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`pages 5-7 of the Petition. I agree that the proposed constructions for those
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`terms represent their broadest reasonable interpretation in light of the ’357
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`Patent specification. Furthermore, I have reviewed the identification of the
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`disclosed means for performing the claimed functions of the “means plus
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`function” elements of the claims, and I agree with the identification of
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`structure disclosed in the specification to perform the functions that is set
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`forth in the petition at pages 7-8.
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`28
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`Lindsay Corporation
`IPR2015-01039
`
`Exhibit 1009A - 28
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`Claims 1, 6-14, and 16-18 are Anticipated by Scott
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`44.
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`I understand that anticipation means each element of a
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`claim is disclosed in a single prior art reference, arranged in the same
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`manner as set forth in the claim. With this understanding, it is my
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`opinion that Scott discloses all of the elements of the above referenced
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`claims for the same reasons as set forth in the petition at pages 9-28.
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`45. Claim 1 requires “a remote user interface for reading status of
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`and