`
`Filed on behalf of: Mercedes-Benz USA, LLC
`
`
`
`
`
`By:
`
`Scott W. Doyle (Reg. No. 39176)
`Fried, Frank, Harris, Shriver & Jacobson LLP
`801 17th Street, N.W.
`Washington, DC 20006
`(202) 639-7326 (telephone)
`(202) 639-7003 (facsimile)
`scott.doyle@friedfrank.com
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Mercedes-Benz USA, LLC,
`Petitioner
`
`
`Patent No. 7,384,177
`
`DECLARATION OF DR. ZANE COLEMAN
`
`
`
`Mercedes-Benz USA, LLC, Petitioner - Ex. 1004
`
`

`

`
`
`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION .................................................................................................... 2
`
`II. GUIDING LEGAL PRINCIPLES ......................................................................... 2
`
`A.
`
`B.
`
`Person of Ordinary Skill in the Art ............................................................... 2
`
`Anticipation Invalidity .................................................................................... 3
`
`C. Obviousness Invalidity ................................................................................... 4
`
`III. BACKGROUND AND EXPERIENCE ............................................................... 5
`
`IV. MATERIALS REVIEWED ..................................................................................... 7
`
`V. OVERVIEW OF THE ’177 PATENT ................................................................... 8
`
`VI. CLAIM CONSTRUCTION ................................................................................... 12
`
`deformities” (Claim 1 ............................................................................................... 13
`
`VII. ANTICIPATION AND OBVIOUSNESS COMBINATIONS ....................... 13
`
`A.
`
`Endo Discloses All Elements of Claims 1, 6-7, 9-10, 13-15, 19, and
`22 ..................................................................................................................... 13
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
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`6.
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`7.
`
`8.
`
`9.
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`Claim 1 ................................................................................................ 22
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`Claim 6 ................................................................................................ 29
`
`Claim 7 ................................................................................................ 29
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`Claim 9 ................................................................................................ 30
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`Claim 10 .............................................................................................. 31
`
`Claim 13 .............................................................................................. 31
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`Claim 14 .............................................................................................. 31
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`Claim 15 .............................................................................................. 32
`
`Claim 19 .............................................................................................. 33
`
`10. Claim 22 .............................................................................................. 33
`
`
`
`ii
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`

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`
`
`B. Musaka Discloses All Elements of Claims 1 and 13-14 ............................ 34
`
`1.
`
`2.
`
`3.
`
`Claim 1 ................................................................................................ 38
`
`Claim 13 .............................................................................................. 41
`
`Claim 14 .............................................................................................. 41
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`C. Obviousness of claims 6-7, 9-10, 15, and 22 over Musaka....................... 42
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Claim 6 ................................................................................................ 42
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`Claim 7 ................................................................................................ 45
`
`Claim 9 ................................................................................................ 47
`
`Claim 10 .............................................................................................. 48
`
`Claim 15 .............................................................................................. 49
`
`Claim 22 .............................................................................................. 52
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`D. Obviousness of claim 19 over Musaka, Tsunoda, and Pristash ................... 53
`
`VIII. SECONDARY CONSIDERATIONS OF OBVIOUSNESS ........................... 57
`
`IX. CONCLUSION ........................................................................................................ 58
`
`
`
`
`
`
`
`
`
`iii
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`

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`
`
`I, Dr Zane Coleman, declare as follows:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained by Mercedes-Benz USA, LLC ( “Petitioner”) as an
`
`independent expert consultant in this proceeding before the United States Patent and
`
`Trademark Office. Although I am being compensated at my usual rate of $400.00 per
`
`hour for the time I spend on this matter, no part of my compensation depends on the
`
`outcome of this proceeding, and I have no other interest in this proceeding.
`
`2.
`
`I
`
`understand
`
`that
`
`this
`
`proceeding
`
`involves U.S. Patent
`
`No. 7,384,177 (“the ’177 patent”) (attached as Ex. 1001 to the petition). I understand
`
`that the ’177 patent was filed on October 6, 2005. I also understand that the
`
`’177 patent is part of a large family of patents and one of several continuations,
`
`continuation-in-part, and/or divisions stemming from U.S. Patent No. 5,613,751,
`
`which was filed on June 27, 1995.
`
`3.
`
`I have been asked to render certain opinion regarding the ’177 patent
`
`and whether certain references disclose or suggest certain features in the claims of the
`
`’177 patent.
`
`II. GUIDING LEGAL PRINCIPLES
`
`A.
`
`Person of Ordinary Skill in the Art
`
`4.
`
`I am informed that a “person of ordinary skill in the art” (“POSITA”)
`
`refers to a hypothetical person who is presumed to have known the relevant art at the
`
`time of the invention. Many factors may determine the level of ordinary skill in the
`
`2
`
`

`

`
`
`art, including: (1) the type of problems encountered in the art, (2) prior art solutions
`
`to those problems, (3) the rapidity with which innovations are made, (4) the
`
`sophistication of the technology, and (5) the educational level of active workers in the
`
`field. I understand that a POSITA is a person of ordinary creativity, not an
`
`automaton, meaning that a POSITA may employ inferences and creative steps in their
`
`work. I am informed that the relevant timeframe is prior to June 27, 1995, which is
`
`the earliest priority filing date for the ’177 patent, and the opinions below pertain to
`
`that timeframe.
`
`5.
`
`A POSITA in the art for this patent would have at least an
`
`undergraduate degree in a science or engineering discipline, and a few years of work
`
`experience in a field related to optical technology, a graduate degree in a field related
`
`to optical technology, or a few years of continuing education toward a graduate degree
`
`in a field related to optical technology. Accordingly, I have used this definition in my
`
`analysis below.
`
`B.
`
`Anticipation Invalidity
`
`6.
`
`I understand that a patent claim is “anticipated,” and, therefore, invalid,
`
`if a single prior art reference discloses (expressly or inherently) each and every element
`
`of the claimed invention in a manner sufficient to enable a POSITA to practice the
`
`invention, thus placing the invention in possession of the public.
`
`7.
`
`I also understand that under certain circumstances, multiple references
`
`may be used to prove anticipation, specifically to: (a) prove that the primary reference
`
`3
`
`

`

`
`
`contains an enabled disclosure, (b) explain the meaning of a term used in the primary
`
`reference, or (c) show that a characteristic not disclosed in the reference is inherent.
`
`C. Obviousness Invalidity
`
`8.
`
`I understand that even if a prior art reference fails to anticipate a patent
`
`claim, the claim may nonetheless be invalid as “obvious,” if the differences between
`
`the subject matter claimed and the prior art are such that the subject matter as a whole
`
`would have been obvious at the time the invention was made to a POSITA. I
`
`understand that several factual inquiries underlie a determination of obviousness.
`
`These inquiries include the scope and content of the prior art, the level of ordinary
`
`skill in the art, the differences between the claimed invention and the prior art, and
`
`any objective “secondary considerations”, discussed below. I understand that a
`
`combination of familiar elements according to known methods may be obvious when
`
`it does no more than yield predictable results. I also understand that common sense
`
`and ordinary creativity of one skilled in the art can be relevant to obviousness.
`
`9.
`
`I have been informed that certain objective secondary considerations
`
`may be relevant to a determination of whether an invention was obvious. Such
`
`secondary considerations may include, e.g., (a) whether there was a long-felt and
`
`long-unmet need for the invention, (b) whether the invention achieved unexpected
`
`results, (c) the commercial success of the invention, and (d) whether the invention
`
`was copied or praised within the industry.
`
`10. My opinions are set forth below.
`
`4
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`

`

`
`
`III. BACKGROUND AND EXPERIENCE
`
`11. My curriculum vitae, which includes a more detailed summary of my
`
`background, experience, and publications, is attached as Appendix A.
`
`12.
`
`In 1992, I received a Bachelor of Science degree in Applied Physics,
`
`including a Certificate in Optics from the Georgia Institute of Technology. I received
`
`my doctorate in Physics at Loughborough University in the United Kingdom in 1997,
`
`focusing on applied rigorous coupled wave diffraction theory to model and analyze
`
`recorded edge-lit holograms. My completed thesis was entitled: Modern Holographic
`
`Recording and Analysis Techniques Applied to Edge-Lit Holograms and their Applications.
`
`13.
`
`From 1993-1997, during the time of my PhD I worked as an Optical
`
`Engineer for ImEdge Technology Inc. where I conducted research for the company
`
`developing holographic illumination technology. During this time I also invented new
`
`methods directed to recording edge-lit holograms and edge-lit devices for display and
`
`biometric applications that led to being named an inventor on seven issued patents.
`
`14.
`
`From 1997 to 2002, I worked as a Senior Physicist for Motorola Labs. I
`
`helped design and construct the world’s first personal micro-projector (US Patent
`
`6,637,896). I also designed reflection and transmission micro-structured optical films
`
`for LCDs as well as 3 new optical film products with suppliers, including an optical
`
`film with 3M, which was shipped in over 100 million cellular phones. During my time
`
`at Motorola, I was also responsible for four issued patents and 26 patent disclosures.
`
`5
`
`

`

`
`
`15.
`
`From 2003-2005, I served as the President of Phostech, where my roles
`
`included the design and analysis of diffusing films, refractive-TIR films, projection
`
`screens & systems, LCD backlights, lightguides, signs, head-up displays and light
`
`fixtures. I also invented new optical films, projection screens, backlights and displays,
`
`including drafting eight patent applications.
`
`16.
`
`From 2005-2006, I was the Manager of Optical Engineering at Fusion
`
`Optix Inc. where I helped to develop and prototype micro-replicated, multi-functional
`
`optical films for displays and light fixtures through optical modeling prototyping,
`
`analysis, and specification.
`
` I also analyzed the optical properties of over
`
`100 polymers, and the effects of film extrusion; in addition to designing, installing,
`
`and managing the optical film, LED backlight, and light fixture characterization lab. I
`
`also led polymer based optical film research including production and optical
`
`characterization.
`
`17.
`
`From 2006-2009, I was the VP of Technology and Director of
`
`Technology at Fusion Optix Inc. In this role, I lead the research strategy and transfer
`
`of technology to product engineering in a fast paced small company providing
`
`innovation in the display and LED lighting industries. I also developed technology
`
`roadmaps, intellectual property strategy, and competitive benchmarking; inventing
`
`more than 35 unique, patentable products in addition to drafting and prosecuting over
`
`60 patent applications. I also oversaw the research and development of optical films,
`
`6
`
`

`

`
`
`LED backlights, and LED light fixture projects. I also co-developed the optical
`
`system of a Lightfair 2009 Innovation Award-winning light fixture.
`
`18.
`
`In 2009, I rejoined Phostech as President and am presently responsible
`
`for optical consulting and patent strategy and drafting services.
`
`19. Overall, my experience spans more than 25 years embracing relevant
`
`academia and interdisciplinary team innovation which culminated in bringing the
`
`absolute best products to the highly competitive lighting technology display market.
`
`As a result, I am able to pinpoint optimal design and technology directions based on
`
`complex customer needs and dynamic market factors in concert with overall business
`
`needs, marketing collaborates, and the broader product design and engineering
`
`groups. As noted above, I am a named inventor and/or applicant on a substantial
`
`number of patents and patent applications related to the areas of edge-lit holograms,
`
`edge-lit devices for display and biometric applications, optical film for LCD’s,
`
`personal microprojector, projection screens, backlights and displays, LED backlights,
`
`and other light fixture devices. My curriculum vitae also include a more detailed
`
`summary of my background and experience.
`
`IV. MATERIALS REVIEWED
`
`20.
`
`In forming my opinions, I have reviewed the
`
`’177 patent, the
`
`prosecution history of the ’177 patent, and the following documents:
`
` U.S. Patent No. 5,064,276 to Endo et al. (“Endo”);
`
`7
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`

`

`
`
` JP 03H-5725 to Musaka with certified translation;
`
` JP 06-051130 to Tsunoda with certified translation; and
`
` U.S. Patent No. 5,005,108 to Pristash et al. (“Pristash”).
`
`V. OVERVIEW OF THE ’177 PATENT
`
`21. The ’177 patent describes light emitting panel assemblies. Id. at title. I
`
`agree with statements in the ’177 patent acknowledging, that when the application for
`
`the ’177 patent was filed, light emitting panel assemblies were generally known, and
`
`that the following functionality and structure of prior art light emitting panel
`
`assemblies were already known: a transparent light emitting panel 2 and one or more
`
`light sources 3 which emit light in a predetermined pattern and a light transition area
`
`4 used to make the transition from the light source 3 to the light emitting panel 2. Id.
`
`at 2:64-3:4 and Fig. 1. The ’177 disclosure further describes that the light is emitted
`
`along the entire length of the light emitting panel 2 or from one or more light output
`
`areas along the length of the panel 2 as desired to produce a desired light output
`
`distribution to fit a particular application. Id. at 3:4-9 and Fig. 1.
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`8
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`

`

`
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`22.
`
`I also agree with the ’177 disclosure that that the light emitting panel
`
`assembly 1, light emitting panel 2, light source 3, and light transition member or area
`
`4 shown below was well known when the application was filed:
`
`
`
`
`
`23. According to the patent, to improve control and utilization of light
`
`output from such assemblies, the ’177 patent uses a light emitting panel assembly
`
`32 including a panel member 33, one or more light sources 3, one or more light
`
`output areas 34, and a tray 35 having a cavity or recess 36 in which the panel assembly
`
`32 is received. Id. at 6:62-7:3 and Fig. 6 (copied below – the only figure of the patent
`
`showing a tray). The ’177 disclosure explains the tray 35 as a back reflector, as well as
`
`end edge and/or side edge reflectors for the panel 33 and side and/or back reflectors
`
`37 for the light sources 3. Id. The ’177 patent also discloses that one or more
`
`secondary reflective or refractive surfaces 38 may be provided on the panel member
`
`33 and/or tray 35 to reflect a portion of the light around one or more corners or
`
`9
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`

`

`
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`curves in a non-rectangular shaped panel member 33. Id. at 7:3-7. The ’177 patent
`
`further discloses that the secondary reflective/refractive surfaces 38 may be flat,
`
`angled, faceted or curved, and may be used to extract a portion of the light away from
`
`the panel member in a predetermined pattern. Id. at 7:7-10.
`
`24.
`
`Figure 6 copied below shows the light emitting panel assembly 32, panel
`
`member 33, “secondary” reflective or refractive surfaces 38, and tray 35:
`
`
`
`
`
`25. The ’177 patent discloses in another embodiment (without any tray), a
`
`light emitting panel assembly 11 (Fig. 3 – shown below) including a light transition
`
`area 12 at one end of a light emitting panel 14 having reflective and/or refractive
`
`surfaces 15 around and behind two light sources 3. Id. at 3:45-56 and Fig. 3. The
`
`’177 patent discloses providing reflective materials or coatings on portions of the
`
`reflective and/or refractive surfaces 15 to focus a portion of light emitted from the
`
`light sources 3 through the light transition areas 12 into a light input surface 19 of the
`
`10
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`

`

`
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`light emitting panel 14. Id. A back reflector 26 is attached or positioned against
`
`one side of the panel member 14 using a suitable adhesive 28. Id. at 6:18-24 and
`
`Figs. 3 and 5. A transparent film, sheet or plate 27 is attached or positioned against
`
`the side of sides of the panel member 14 (from which light is emitted) using a suitable
`
`adhesive 28. Id. at 6:29-38. The ’177 disclosure describes that the member 27 may be
`
`used to further improve the uniformity of the light output distribution and indicates
`
`that the member 27 may be a colored film, a diffuser, or a label or display, a portion
`
`of which may be a transparent overlay that may be colored and/or have text or an
`
`image thereon. Id.
`
`26.
`
`Figure 3 copied below shows the light emitting panel assembly 11, light
`
`emitting panel 14, reflective and/or refractive surfaces 15, back reflector 26, and
`
`transparent film 27:
`
`
`
`
`
`11
`
`

`

`
`
`27.
`
`Figure 5 below shows the light emitting panel assembly 11, light emitting
`
`panel 14, back reflector 26, transparent film 27, and adhesive 28:
`
`
`
`
`
`28. The ’177 specification discloses that each light source 3 may be of any
`
`suitable type including, for example, an arc lamp, an incandescent bulb, a lens end
`
`bulb, a line light, a halogen lamp, a light emitting diode (LED), a chop from an LED,
`
`a neon bulb, a florescent tube, a fiber optic light pipe, a laser or laser diode, or any
`
`other suitable light source. Id. at 4:24-30.
`
`VI. CLAIM CONSTRUCTION
`
`29.
`
`I have been advised that the first step of assessing the validity of a patent
`
`claim is to interpret or construe the meaning of the claim.
`
`30.
`
`I have been advised that in inter partes review proceedings before the
`
`U.S. Patent and Trademark Office, claim terms of an expired patent are given their
`
`ordinary and accustomed meaning as understood by a POSITA.
`
`31.
`
`I discuss below what I understand to be Petitioner’s proposed
`
`construction of the claim term “deformities.”
`
`12
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`

`

`
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`“deformities” (Claim 1)
`
`The specification of the ’177 patent expressly defines the term “deformities,” as
`
`follows:
`
` “As used herein, the term deformities or disruptions are used
`
`interchangeably to mean any change in the shape or geometry of the panel surface
`
`and/or coating or surface treatment that causes a portion of the light to be emitted.”
`
`Id. at 4:44-48. I understand Petitioner proposed that this term be construed to mean
`
`“any change in the shape or geometry of a surface and/or coating or surface
`
`treatment that causes a portion of the light to be emitted.” I agree that this is a
`
`reasonable construction for this term.
`
`VII. ANTICIPATION AND OBVIOUSNESS COMBINATIONS
`
`A. Endo Discloses All Elements of Claims 1, 6-7, 9-10, 13-15, 19,
`
`and 22
`
`32. Endo issued on November 12, 1991 (Ex. 1002). I have been informed
`
`that Endo is prior art under 35 U.S.C. § 102(b). Endo discloses each and every feature
`
`in claims 1, 6-7, 9-10, 13-15, 19, and 22.
`
`33. As shown below in annotated Figures 1 and 2, Endo discloses a liquid
`
`crystal display device including a transparent plate 4A (in light purple), a lower side
`
`frame 1 (in yellow), an upper side frame 2 (in orange), a reflecting plate 4C (in blue), a
`
`reflecting plate 4D (in teal), and a diffusing plate (not labeled, in red). Ex. 1002 at
`
`2:49-66; 3:46-59; 4:50-55; 5:41-51, 59-64, Figs. 1-3, 9.
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`13
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`
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`34. Endo discloses that the frames 1, 2 collectively form a hollow cavity
`
`completely surrounded by continuous side walls. Id. For example, the frame 1 has a
`
`back wall and the frames 1 and 2 each have continuous side walls. Id. Endo further
`
`discloses that the reflecting plate 4C (which covers the light source 4B) and the
`
`reflecting plate 4D (located underneath the transparent substrate 4A) effectively
`
`reflect the light of light source 4B toward the transparent plate 4A. Id. Accordingly,
`
`14
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`

`

`
`
`in my opinion, a POSITA would recognize that the frames 1, 2, together with the
`
`aluminum reflecting plates 4C and 4D function collectively as a tray to securely hold
`
`and support the light source 4B and the transparent plate 4A further within the cavity.
`
`See id.
`
`35.
`
`Furthermore, in my opinion, a POSITA would recognize that Endo
`
`discloses that at least the frame 2, reflecting plate 4C, and reflecting plate 4D act as at
`
`least one of a back, side edge, and end edge reflector and have one or more secondary
`
`flat, angled, or curved reflective or refractive surfaces to redirect at least a portion of
`
`the light emitted by the light source 4B (in green) in a predetermined manner within
`
`the cavity and further facilitate better mixing of light rays within the cavity to produce
`
`a desired light output uniformity within the cavity. Id. at 2:49-66; 3:46-59; 4:50-55;
`
`5:41-51, 59-64, Figs. 1-3, 9.
`
`
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`15
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`36.
`
`For example, as shown in annotated Figure 2, above, Endo discloses that
`
`each end face (see exemplary light purple surface) of transparent plate 4A is
`
`positioned adjacent interior side surfaces of the frames 1, 2. In my opinion, a
`
`POSITA would recognize that to help keep the light within the device and from
`
`escaping through the interior side surfaces of the frames 1, 2 (and thus preventing an
`
`inadvertent decrease in the overall brightness, uniformity, and luminance of the
`
`device), a POSITA would recognize that the interior side surfaces of the frames 1,
`
`2 would have reflective or refractive properties so as to help deter light from escaping
`
`to the outside of the display device from the side walls of the transparent substrate
`
`4A. In fact, Endo discloses that the frame 2 is made, e.g., of a metallic material such as
`
`aluminum alloy (see id. at 2:58-66). It is also my opinion that a POSITA would further
`
`recognize that the frame 1, disclosed as being formed, e.g., out of a resin material (see
`
`id. at 2:58-59), also has reflective and/or refractive properties so as to further assist
`
`with preventing light escaping from the side walls of the transparent substrate 4A to
`
`the outside of the display device. Endo also discloses that the reflecting plates 4C and
`
`4D are made, e.g., by an aluminum plate coated with white paint (acrylic resin paint)
`
`(see id. at 5:45-51, 59-64).
`
`37. Accordingly, my opinion, a POSITA would recognize that at least the
`
`interior side surfaces of the frame 2 and the reflecting plate 4D of the tray act as
`
`exemplary side edge and back reflectors, respectively, and that the interior surfaces of
`
`16
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`

`

`
`
`the overhangs of the frame 2 and the reflecting plates 4C of the tray act as exemplary
`
`secondary flat reflective or refractive surfaces to redirect at least a portion of the light
`
`emitted by the light source 4B in a predetermined manner within the cavity as well as
`
`facilitate better mixing of light rays within the cavity to produce a desired light
`
`uniformity within the cavity. See id. at 2:49-66; 3:46-59; 4:50-55; 5:41-51, 59-64, Figs.
`
`1-3, 9.
`
`38.
`
`In my opinion, a POSITA would understand that, the tray in Musaka
`
`acts as the claimed “at least one of a back, side edge, and end edge reflector” and it
`
`has the claimed “at least one secondary flat, angled, faceted or curved reflective
`
`surface,” as I have identified below in annotated Figures 1 and 2.
`
`17
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`39. Additionally, as shown in the annotated Figures, Endo discloses that the
`
`liquid crystal display device also includes at least two light sources 4B (in green)
`
`18
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`

`

`
`
`located in the cavity and that are positioned in close proximity to a group of the
`
`refractive or reflective surfaces of the frame 2 and the reflecting plate 4C. Id. at
`
`2:49-66; 3:46-59; 4:50-55; 5:41-51, 59-64, Figs. 1-3, 9. Endo discloses that at least
`
`some of the light sources 4B may be LEDs. Id. at 6:27-29 (“In addition, in case the
`
`dimension L is small (for instance, it is 50 [mm] or less), the light source 4B may be
`
`formed by a plurality of LEDs.”). In my opinion, a POSITA would understand that,
`
`the tray in Endo acts as the claimed “group of the refractive or reflective surfaces,” as
`
`I have identified in annotated Figures 1 and 2 above.
`
`40.
`
`Furthermore, Endo discloses that a portion of the light emitted from the
`
`light sources 4B mixes in the cavity. Id. at 4:50-55, Fig. 1 (“The light source device
`
`4 thus constituted forms reflection directivity with the inclined and curved rough
`
`surface 4b for the quantity of light which is more attenuated as it becomes further
`
`from the light source 4B and keeps almost constant the luminance on the surface of
`
`diffusing plate 6 on the transparent plate 4A.”). Indeed, because Endo discloses that
`
`the light exiting transparent plate 4A emits light through curved rough surface 4b of
`
`the transparent plate 4A (annotated in light purple below) into an empty cavity
`
`between light source device 4B and diffusing plate 6 (annotated in red below), a
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`portion of the light emitting from the light sources 4B mixes in the cavity. Id.
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`41. Endo further discloses that diffusing plate 6 overlying the display device
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`provides additional light mixing and it has deformities for controlling the light output
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`ray angle distribution to fit a particular application, i.e., an LCD. Id. at 6:3-12 (“The
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`light diffusing plate 6 is formed, for example, by a semi-transparent acrylic resin. This
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`acrylic resin should have the total light transmissivity of 40-80% and diffused light
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`transmissivity of 40-80% and it is also preferable that the plate thickness is about
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`0.5-3.0 [mm] and moreover both sides are processed as rough surfaces. It is necessary
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`to give the function to prevent generation of Newton ring at the LCD surface or the
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`surface with which the transparent plate is in intimate contact.”); and id. at
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`4:54-55 (“[K]eeps almost constant the luminance on the surface of diffusing plate
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`6 on the transparent plate 4A.”), Figs. 1-2. Id. at 4:54-55, Figs. 1-2.
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`42. Endo also discloses a liquid crystal display panel 3 comprised of multiple
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`layers: a liquid crystal part 3A, a lower transparent glass substrate 3B, an upper
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`transparent glass substrate 3C, a polarizing plate 3D, and a polarizing plate 3E, all of
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`which overlay the display device for controlling the light output from the assembly to
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`fit a particular application. Id. at 3:11-20 (“The liquid crystal of the liquid crystal
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`part 3A is so constituted to control the light transmission with the scanning electrodes
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`formed on the internal surface of the lower transparent glass substrate 3B and the
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`display electrodes formed on the internal surface of the upper transparent glass
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`substrate 3C.”); see also id. at 2:11-13 (“a liquid crystal display device employing a light
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`source can provide clear liquid crystal display image on the liquid crystal display
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`panel.”), Fig. 1. In my opinion, a POSITA would recognize that because Endo
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`discloses that the overlying
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`liquid crystal display panel 3 controls the
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`light
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`transmission from the display device, via, e.g., the lower polarizing plate 3E linearly
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`polarizing the light by absorbing light form the device with a particularly linear
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`polarization, the liquid crystal display panel 3 thus controls the light emitted from the
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`display device in order for the display device to function in a backlit display
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`application. Id. at 2:67-3:16, Figs. 1, 2. Endo also discloses that the lower polarizing
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`plate 3E controls the light emitted from the backlit display when used in a particular
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`application incorporating the backlit display such as a wrist watch or meter. Id. at
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`6:51-55.
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`43. As explained below, Endo discloses all the elements of claims 1, 6-7,
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`9-10, 13-15, 19, and 22 of the ‘177 patent.
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`1.
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`Claim 1
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`1.1
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`“A light emitting panel assembly comprising:”
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`44. Endo discloses a liquid crystal display device (the claimed “light emitting
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`assembly”). Id. at 2:49-52.
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`1.2
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`“a tray having a back wall and continuous side walls that
`form a hollow cavity or recess completely surrounded by the
`side walls,”
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`45. Endo discloses that the liquid crystal display device includes a lower side
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`frame 1, an upper side frame 2, a reflecting plate 4C, and a reflecting plate 4D
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`(collectively, the claimed “tray”), the lower side frame 1 having a back wall and the
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`frames 1, 2 each have continuous side walls that form a hollow cavity or recess
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`completely surrounded by the side walls. Id. at 2:49-66; 3:46-59; 4:50-55; 5:41-51,
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`59-64, Figs. 1-3, 9. It is also my opinion that a POSITA would recognize that because
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`the frames 1, 2 form a hollow cavity completely surrounded by continuous side walls
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`and because Endo further discloses that the reflecting plate 4C (which covers the light
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`source 4B) and the reflecting plate 4D (located below the transparent substrate
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`4A) effectively reflect the light of light source 4B toward the transparent plate 4A; the
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`frames 1, 2, together with the aluminum reflecting plates 4C and 4D function
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`collectively as a tray to securely hold and support the light source 4B and the
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`transparent plate 4A further within the cavity. Id. at 2:49-66; 3:46-59; 4:50-55;
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`5:41-51, 59-64, Figs. 1-3, 9.
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`46.
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`In my opinion, a POSITA would recognize that the “tray” is defined by
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`the yellow, orange, blue, and teal surfaces of annotated Figures 1 and 2, shown below.
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`The “back wall and continuous side walls [of the tray] that form a hollow cavity or
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`recess completely surrounded by the side walls” is identified in yellow and orange.
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`1.3
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`“at least one light source located, mounted or positioned in
`the cavity or recess, and”
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`47. Endo discloses that the liquid crystal display device includes a light source
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`4B (the claimed “at least one light source”) located, mounted or positioned in the
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`cavity or recess. Id. at 3:46-49, Figs. 1, 2.
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`1.4
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`“at least one sheet, film or substrate overlying the assembly
`for controlling the light emitted from the assembly to fit a
`particular application,”
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`48. Endo discloses that the liquid crystal display device includes a diffusing
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`plate 6 (the claimed “at least one sheet, film or substrate”) overlying the display device
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`for controlling the light emitted from the liquid crystal display device to fit a particular
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`application. Id. at 2:67-3:20; 4:50-55; 6:3-12, 51-55, Figs. 1, 2. The diffusing plate 6 is
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`shown in red below in annotated Figures 1 and 2:
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`49. Additionally, and alternatively, as also shown above in Figure 1, Endo
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`discloses that the display device includes a liquid crystal display panel 3 comprised of a
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`liquid crystal part 3A, a lower transparent glass substrate 3B, upper transparent glass
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`substrate 3C, polarizing plate 3D, polarizing plate 3E (the claimed “at least one sheet,
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`film or substrate”) overlying the display device for controlling the light emitted from
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`the liquid crystal display device to fit a particular application. Id. at 3:1-20. In my
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`opinion, a POSITA would recognize that because Endo discloses that the overlying
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`liquid crystal display panel 3 controls the light transmission from the display device,
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`one having ordinary sk