UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
`
`
`
`APPLE INC.,
`Petitioner
`
`v.
`
`COMARCO WIRELESS TECHNOLOGIES, INC.,
`Patent Owner.
`
`Case No. ______
`
`
`
`
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,492,933 CHALLENGING CLAIMS 1 AND 2
`UNDER 35 U.S.C. § 321, 37 C.F.R. § 42.104
`
`

`
`TABLE OF CONTENTS
`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`Page
`INTRODUCTION ...................................................................................................... 1
`I.
`II. GROUNDS FOR STANDING AND FEE AUTHORIZATION ................... 1
`III. MANDATORY NOTICES (37 C.F.R. § 42.8) ....................................................... 2
`IV.
`SUMMARY OF CHALLENGES ............................................................................. 3
`V.
`THE CHALLENGED PATENT............................................................................. 4
`A.
`Technology Background .................................................................................. 4
`B. Overview of the ’933 Patent ........................................................................... 7
`C.
`Prosecution History .......................................................................................... 9
`D.
`Priority Date ....................................................................................................10
`E.
`Level of Ordinary Skill in the Art .................................................................10
`VI. CLAIM CONSTRUCTION ....................................................................................11
`A.
`“proximal and distal ends,” “proximal end,” “distal end” .......................11
`B.
`“output connector” ........................................................................................12
`VII. SPECIFIC GROUNDS FOR INVALIDITY ......................................................13
`A.
`Claims 1 and 2 Are Rendered Obvious by Allen in View of the
`Knowledge of One of Ordinary Skill in the Art ........................................13
`1.
`Limitation 1A: “an adapter to convert power from a power
`source, external to the adapter, to DC power for powering
`an electronic device” ...........................................................................15
`Limitation 1B: “the adapter including circuitry for
`producing an analog data signal for use by the electronic
`device to control an amount of power drawn by the
`electronic device” ................................................................................16
`Limitation 1C: “a cable having proximal and distal ends, the
`proximal end being electrically coupled to the adapter and
`the distal end terminating in an output connector, the
`output connector including” .............................................................18
`Limitation 1D: “a plurality of conductors to transfer the
`DC power and the analog data signal to the electronic
`device” ..................................................................................................19
`
`2.
`
`3.
`
`4.
`
`
`
`
`
`i
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`

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`TABLE OF CONTENTS
`(continued)
`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`Page
`
`5.
`
`6.
`
`Limitation 1E: “circuitry to receive a data request from the
`electronic device and in response transmit a data output to
`the electronic device to identify the power supply
`equipment to the electronic device” ................................................20
`Limitation 2A: “The power supply equipment of claim 1
`wherein the output connector can be detached from the
`cable” .....................................................................................................25
`Claims 1 and 2 Are Rendered Obvious by Allen in Combination
`with Breen and Castleman .............................................................................30
`1.
`Limitation 1A: “an adapter to convert power from a power
`source, external to the adapter, to DC power for powering
`an electronic device” ...........................................................................33
`Limitation 1B: “the adapter including circuitry for
`producing an analog data signal for use by the electronic
`device to control an amount of power drawn by the
`electronic device” ................................................................................33
`Limitation 1C: “a cable having proximal and distal ends, the
`proximal end being electrically coupled to the adapter and
`the distal end terminating in an output connector, the
`output connector including” .............................................................34
`Limitation 1D: “a plurality of conductors to transfer the
`DC power and the analog data signal to the electronic
`device; and” ..........................................................................................34
`Limitation 1E: “circuitry to receive a data request from the
`electronic device and in response transmit a data output to
`the electronic device to identify the power supply
`equipment to the electronic device” ................................................35
`Limitation 2A: “The power supply equipment of claim 1
`wherein the output connector can be detached from the
`cable” .....................................................................................................38
`Claims 1 and 2 of the ’933 Patent Are Rendered Obvious by
`Veselic in Combination with Thomas .........................................................42
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`ii
`
`
`
`B.
`
`C.
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`

`
`TABLE OF CONTENTS
`(continued)
`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`Page
`
`1.
`
`2.
`
`3.
`
`Limitation 1A: “an adapter to convert power from a power
`source, external to the adapter, to DC power for powering
`an electronic device” ...........................................................................46
`Limitation 1B: “the adapter including circuitry for
`producing an analog data signal for use by the electronic
`device to control an amount of power drawn by the
`electronic device” ................................................................................46
`Limitation 1C: “a cable having proximal and distal ends, the
`proximal end being electrically coupled to the adapter and
`the distal end terminating in an output connector, the
`output connector including” .............................................................47
`Limitation 1D: “a plurality of conductors to transfer the
`DC power and the analog data signal to the electronic
`device; and” ..........................................................................................48
`Limitation 1E: “circuitry to receive a data request from the
`electronic device and in response transmit a data output to
`the electronic device to identify the power supply
`equipment to the electronic device” ................................................49
`Limitation 2A: “The power supply equipment of claim 1
`wherein the output connector can be detached from the
`cable” .....................................................................................................55
`VIII. CONCLUSION..........................................................................................................59
`
`4.
`
`5.
`
`6.
`
`
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`
`
`iii
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`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`LIST OF EXHIBITS
`
`Apple 1001 ……… U.S. Patent No. 8,492,933 (“the ’933 Patent”)
`
`Apple 10021 ……… File History for U.S. Patent Application No. 13/707,119,
`which ultimately issued as U.S. Patent No. 8,492,933
`
`Apple 1003 ……… U.S. Patent No. 7,243,246 (“Allen”)
`
`Apple 1004 ……… U.S. Patent No. 7,296,164 (“Breen”)
`
`Apple 1005 ……… U.S. Patent No. 6,054,846 (“Castleman”)
`
`Apple 1006 ……… European Patent Application Publication EP 1487081A2
`(“Veselic”)
`
`Apple 1007 ……… U.S. Patent No. 5,649,001 (“Thomas”)
`
`Apple 1008 ……… Universal Serial Bus Specification (Revision 2.0) (Apr. 27,
`2000)
`
`Apple 1009 ……… Dallas Semiconductor DS2501-UNW/DS2502-UNW
`UniqueWareTM Add Only Memory Datasheet (1995)
`
`Apple 1010 ……… Declaration of Nathaniel J. Davis IV, Ph.D. in Support of
`Apple Inc.’s Petition for Inter Partes Review of U.S. Patent
`No. 8,492,933
`
`Apple 1011 ……… Comarco Wireless Technologies, Inc.’s Disclosures Pursuant
`to Rules 2.1 and 2.2 of Judge Guilford’s Standing Patent Rules
`served in Comarco Wireless, Inc. v. Apple Inc., Case No. 8:15-cv-
`00145-AG (C.D. Cal. Apr. 14, 2015)
`
`Apple 1012 ……… U.S. Patent No. 6,429,622 (“Svensson”)
`
`Apple 1013 ……… U.S. Patent No. 5,297,015 (“Miyazaki”)
`
`
`1 For ease of reference, Apple has added consecutive page numbers to the bottom of
`
`each page of exhibits that lack consecutive page numbering, such as Apple 1002.
`
`i
`
`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`Apple 1014 ……… U.S. Patent No. 5,648,711 (“Hakkarainen”)
`
`Apple 1015 ……… U.S. Patent No. 6,934,561 (“Burrus”)
`
`Apple 1016 ……… U.S. Patent Application Publication 2003/0025401 Al
`(“Popescu-Stanesti”)
`
`Apple 1017 ……… Curriculum vitae of Nathaniel J. Davis IV, Ph.D.
`
`Apple 1018 ……… U.S. Patent Application No. 10/758,933
`
`Apple 1019 ……… Comarco Wireless Technologies, Inc.’s Objections and
`Responses to Apple Inc.’s First Set of Interrogatories
`
`
`
`ii
`
`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`I.
`
`INTRODUCTION
`Pursuant to 37 C.F.R. § 42.100, et seq., Petitioner Apple Inc. (“Apple”) hereby
`
`petitions the United States Patent and Trademark Office (the “Office”) to institute an
`
`inter partes review of Claims 1 and 2 of U.S. Patent No. 8,492,933 (“the ’933 Patent”).
`
`The ’933 Patent, a copy of which is provided as Apple 1001, is assigned to Patent
`
`Owner Comarco Wireless Technologies, Inc. (“Comarco”). The ’933 Patent claims
`
`power supply equipment that provides a data signal, identification information, and
`
`power to an electronic device. This petition presents three non-cumulative grounds
`
`of invalidity based on prior art that was not considered by the Office during
`
`prosecution. These grounds of invalidity are each reasonably likely to prevail, and this
`
`petition should be granted on all grounds.
`
`II. GROUNDS FOR STANDING AND FEE AUTHORIZATION
`Pursuant to 37 C.F.R. § 42.104(a), Apple certifies that the ’933 Patent is
`
`available for inter partes review and that Apple is not barred or estopped from
`
`requesting inter partes review on the grounds identified herein. This petition is timely
`
`filed under 37 C.F.R. § 42.102(a)(2) because the ’933 Patent is not a patent described
`
`in section 3(n)(1) of the Leahy-Smith America Invents Act.
`
`Pursuant to 37 C.F.R. § 42.103(a), the Office is authorized to charge an amount
`
`in the sum of $23,000 to Deposit Account No. 50-0639 for the fee set forth in
`
`37 C.F.R. § 42.15(a), and any additional fees that might be due.
`
`1
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`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`III. MANDATORY NOTICES (37 C.F.R. § 42.8)
`Real Party-in-Interest: The real party-in-interest is Apple Inc.
`
`Notice of Related Matters: Comarco has asserted the ’933 Patent against Apple in
`
`Comarco Wireless Technologies, Inc. v. Apple Inc., Case No. 8:15-cv-00145-AG, which was
`
`filed on January 30, 2015, and is currently pending in the United States District Court
`
`for the Central District of California.
`
`Petitioner’s Lead and Back-up Counsel:
`
`Lead Counsel: Xin-Yi Zhou (Reg. No. 63,366), O’Melveny & Myers LLP, 400 S.
`
`Hope Street, Los Angeles, CA 90071. (Telephone: 213-430-6000; Fax: 213-430-6407;
`
`Email: vzhou@omm.com).
`
`Backup Counsel: Cameron Westin (Reg. No. 66,188) and Scot Rives (Reg.
`
`No. 70,849), O’Melveny & Myers LLP, 610 Newport Center Drive, 17th Floor,
`
`Newport Beach, CA 92660. (Telephone: 949-823-6900; Fax: 949-823-6994).
`
`Service Information: Service of all documents may be made to the lead counsel and
`
`backup counsel at O’Melveny & Myers LLP, 610 Newport Center Drive, 17th Floor,
`
`Newport Beach, CA 92660, with courtesy copies to the following email addresses:
`
`vzhou@omm.com, cwestin@omm.com, and srives@omm.com. Apple’s counsel may
`
`also be reached by telephone at 949-823-6900 and by facsimile at 949-823-6994.
`
`2
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`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`IV. SUMMARY OF CHALLENGES
`Apple seeks inter partes review on three grounds of unpatentability:
`
`Claims
`
`Basis
`
`References
`
`1, 2
`
`1, 2
`
`§ 103 U.S. Patent No. 7,243,246 (“Allen”) (Apple 1003), in view of
`the knowledge of one of ordinary skill in the art
`
`§ 103 Allen, in combination with U.S. Patent No. 7,296,164
`(“Breen”) (Apple 1004) and U.S. Patent No. 6,054,846
`
`(“Castleman”) (Apple 1005)
`
`1, 2
`
`§ 103
`
`European Patent Application Publication No. EP 1487081
`
`(“Veselic”) (Apple 1006), in combination with U.S. Patent No.
`
`5,649,001 (“Thomas”) (Apple 1007)
`
`As Apple demonstrates below in Section VII of this petition, these three
`
`grounds are not redundant. The first ground is premised on a single prior art
`
`reference, Allen, in view of the knowledge of one of ordinary skill in the art. Allen
`
`discloses power supply equipment with a dedicated data line for the transfer of data
`
`between the power supply and the electronic device. The second ground is premised
`
`on the combination of Allen and two references, Breen and Castleman, that expressly
`
`disclose limitations that are implicitly disclosed and/or rendered obvious by Allen.
`
`The third ground is premised primarily on a prior art reference, Veselic, that addresses
`
`the same problem as Allen but discloses a fundamentally different solution: Veselic
`
`3
`
`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`discloses power supply equipment using standard Universal Serial Bus (“USB”) ports
`
`and connectors for power transfer and data transfer. Because these grounds illustrate
`
`the obviousness of claims 1 and 2 of the ’933 Patent in distinct and fundamentally
`
`different ways, Apple respectfully requests that the Board instate inter partes review for
`
`all three grounds.
`
`V. THE CHALLENGED PATENT
`A.
`Technology Background
`The ’933 Patent concerns power supply equipment for electronic devices.
`
`Apple 1001, Abstract. All electronic devices, including computers and mobile devices,
`
`require electric power to operate, and most are designed to operate on power that
`
`meets certain parameters, such as maximum or minimum voltage and current. Apple
`
`1010 ¶ 41. Because the form of power provided by an external power source may not
`
`meet the parameters of a particular electronic device, many electronic devices require
`
`the use of a power supply. Id. ¶¶ 41-43. Power supplies receive power from a power
`
`source and output a specific form of power to an electronic device to power the
`
`device and/or charge the device’s batteries. Id. ¶ 43. For example, a power supply
`
`may convert power from alternating current (“AC”) to direct current (“DC”); it may
`
`also alter other aspects of its power output, including voltage and current capacity. Id.
`
`¶¶ 43-44; Apple 1001 at 1:28-67.
`
`Some power supplies are physically integrated into the devices they power,
`
`whereas others are external to the device and connected to it by a cable. Apple 1010
`
`4
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`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`¶ 45. External power supplies are commonly used with portable electronic devices
`
`because a device can be designed to be smaller, lighter, and emit less heat if it does
`
`not have an internal power supply. Id. ¶ 46. External power supplies also offer a
`
`simple way for a device to receive power from different power sources, such as AC
`
`power from a wall outlet or DC power from an outlet in an automobile or airplane.
`
`Id.; see Apple 1001 at 1:27-2:10.
`
`
`
`External power supplies can present compatibility problems, however, as they
`
`too readily enable a user to attach a device to an incompatible power supply—i.e., one
`
`that does not match the power requirements of the electronic device or its batteries.
`
`Apple 1010 ¶ 47. Such mismatched power supply equipment can cause devices to not
`
`work properly and create a safety hazard; for example, a device’s internal batteries can
`
`overheat or catch fire if they receive power that does not meet certain parameters.
`
`Id. ¶¶ 40, 47; see also Apple 1001 at 1:51-67.
`
`
`
`One early solution to this problem was to configure the power supply to send
`
`to an electronic device a signal that identified the power supply and/or its output
`
`capabilities. Apple 1010 ¶ 50; Apple 1001 at 2:11-28. The power supply could send
`
`this signal over a power output line linking the device and the power supply by
`
`switching the supply voltage on and off using a certain pulse ratio, pulse length, or
`
`pulse count. Id. Alternatively, the electronic device could receive this signal over a
`
`separate data line linking the device and the power supply equipment. Id. In either
`
`implementation, the device could be configured to use the information provided by
`
`5
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`

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`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`the signal to manage power consumption—for example, to disable charging of
`
`internal batteries. Id.; Apple 1001 at 2:11-28.
`
`
`
`This data line approach could be implemented in extremely simple ways.
`
`Apple 1010 ¶ 51. For example, the output connector of the cable connecting the
`
`power supply equipment to the electronic device could include circuitry tying the data
`
`line to ground, sending a signal to the electronic device identifying characteristics of
`
`the power supply equipment and indicating to the electronic device that its batteries
`
`should not be charged. Id.; see also Apple 1001 at Fig. 2A. Furthermore, the
`
`proliferation of inexpensive, compact, and powerful off-the-shelf components made
`
`possible much more sophisticated communication between a power supply and an
`
`electronic device over a data line. Apple 1010 ¶ 51. By the mid-1990s, integrated
`
`circuits such as erasable programmable read-only memory (“EPROMs”) had become
`
`small enough to be embedded in the output connector of a cable or in the body of a
`
`cable. Id.; Apple 1005 at 3:54-4:27; Apple 1007 at 10:16-46. These embedded
`
`EPROMS can be programmed to provide identifying information relating to the
`
`power supplies. See id. Around the same time, those skilled in the art were using
`
`similar architecture to enable communication between electronic devices and other
`
`types of peripherals, such as media players, remote control devices, and network
`
`devices. Apple 1010 ¶ 53; see Apple 1007 at Abstract.
`
`
`
`A further improvement to this “data line” approach utilized industry-standard,
`
`multi-purpose cables and connectors to provide power and a data signal to an
`
`6
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`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`electronic device, rather than cables and connectors exclusively used as power supply
`
`equipment. See, e.g., Apple 1010 ¶ 53; Apple 1006 at Abstract, 1:5-12, Fig.1. This
`
`permitted an electronic device to utilize a single output connector to interface with
`
`and receive power from power supply equipment and also to interface with other
`
`devices. For example, a standard Universal Serial Bus (“USB”) cable contains two
`
`conductors for power and two conductors for differential data signals, and thus is
`
`mechanically capable of serving as a power line and a data line linking a power supply
`
`and an electronic device. Apple 1010 ¶ 53; Apple 1008 at 1, 85-87, 119-178. But early
`
`versions of the USB Specification limited the maximum current that could be drawn
`
`and also required the “host” device (i.e., the power supply) to be capable of initiating a
`
`process called enumeration. Id. Those working in the art designed additional signals
`
`systems that complemented USB’s specification so that a power supply lacking the
`
`hardware and software necessary to engage in USB enumeration could supply power
`
`to—and communicate with—an electronic device using a standard USB cable. Apple
`
`1010 ¶ 53; see also Apple 1006 at 3:32-55.
`
`B. Overview of the ’933 Patent
`The ’933 Patent purports to address the problem of charging the batteries of
`
`
`
`electronic devices, such as notebook computers, using DC power sources whose
`
`voltage or power output varies. Apple 1001 at 1:30-36. According to the ’933 Patent,
`
`a primary objective of the claimed invention is to enable an electronic device to
`
`identify the power source to which it is coupled (and from which it is capable of
`
`7
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`

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`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`drawing power) and to automatically disable charging the device’s internal battery to
`
`prevent damage or overheating. Id. at 3:20-36.
`
`
`
`The ’933 Patent describes several power supply systems that purport to enable
`
`a device to connect to power sources with different voltage levels and power
`
`characteristics. For example, the power supply system 800 in Figure 3 of the ’933
`
`Patent includes adapter 340, which is configured to accept power from either AC
`
`power source 300 or DC power source 305. Circuitry within adapter 340 may output
`
`a signal based on information about the DC power source, and this signal may be sent
`
`via cable 350 to tip 330 and to electronic device 335. In response, controller 360 in
`
`electronic device 335 may disable the device’s battery charging circuitry 600. Id. at
`
`4:43-63.
`
`Apple 1001, Figure 3
`
`
`
`8
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`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`The ’933 Patent has two claims, which are provided below with their respective
`
`limitations annotated:
`
`1. Power supply equipment comprising:
`[1a] an adapter to convert power from a power source, external to the
`adapter, to DC power for powering an electronic device,
`[1b] the adapter including circuitry for producing an analog data signal
`for use by the electronic device to control an amount of power
`drawn by the electronic device; and
`[1c] a cable having proximal and distal ends, the proximal end being
`electrically coupled to the adapter and the distal end terminating
`in an output connector, the output connector including:
`[1d] a plurality of conductors to transfer the DC power and the
`analog data signal to the electronic device; and
`[1e] circuitry to receive a data request from the electronic device
`and in response transmit a data output to the electronic
`device to identify the power supply equipment to the
`electronic device.
`[2a] The power supply equipment of claim 1 wherein the output
`connector can be detached from the cable.
`Prosecution History
`
`2.
`
`C.
`U.S. Patent Application No. 13/707,119 (“the ’119 Application”)—the patent
`
`application that ultimately issued as the ’933 Patent—was filed on December 6, 2012.
`
`See Apple 1002 at 299. The ’119 Application is a continuation of U.S. Patent
`
`Application No. 13/209,636 (filed on August 15, 2011), which is a continuation of
`
`U.S. Patent Application No. 12/840,952 (filed on July 21, 2010), which is a
`
`9
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`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`continuation of U.S. Patent Application No. 11/604,950 (filed on November 28,
`
`2006) and a continuation-in-part of U.S. Patent Application No. 10/758,933 (filed on
`
`January 15, 2004). Apple 1001 at cover. The original claims of the ’119 Application
`
`are identical to those that issued in the ’933 Patent. Id. None of the references relied
`
`upon in this Petition were before the Office during prosecution of the ’119
`
`Application. See Apple 1002.
`
`Priority Date
`
`D.
`The earliest priority date to which the ’933 Patent is entitled is November 28,
`
`2006, the date on which parent application No. 11/604,950 was filed. Apple 1018.
`
`Comarco acknowledges that the ’933 Patent is not entitled to a priority date any earlier
`
`than November 28, 2006. Apple 1011 at 5; Apple 1019 at 5-6, 11-12. The ’933
`
`Patent is not entitled to priority as of the filing date of U.S. Patent Application No.
`
`10/758,933 because that application’s specification does not describe an output
`
`connector with “circuitry to receive a data request from the electronic device and in
`
`response transmit a data output to the electronic device to identify the power supply
`
`equipment to the electronic device,” as claimed in the ’933 Patent. Apple 1010 ¶ 59.
`
`Level of Ordinary Skill in the Art
`
`E.
`A person of ordinary skill in the art of the ’933 Patent would have a bachelor’s
`
`degree or higher in electrical engineering, or the equivalent, and two or more years of
`
`experience in the field of electrical circuitry, electronics, or a similar field. Apple 1010
`
`¶¶ 60-61.
`
`10
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`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`VI. CLAIM CONSTRUCTION
`In the context of an inter partes review, claim terms in an unexpired patent are
`
`given their broadest reasonable interpretation in light of the specification in which
`
`they appear. 37 C.F.R. § 42.100(b). Under the broadest reasonable interpretation
`
`standard, and absent any special definitions, the claim terms are given their ordinary
`
`and customary meaning, as would be understood by one of ordinary skill in the art in
`
`the context of the disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir.
`
`2007). Because the ’933 Patent has not expired, Apple proposes the following
`
`constructions for claim terms of the ’933 Patent based on the “broadest reasonable
`
`interpretation” standard.2 Any claim terms not included in the following discussion
`
`are to be given their broadest reasonable interpretation in light of the specification as
`
`commonly understood by those of ordinary skill in the art.
`
`“proximal and distal ends,” “proximal end,” “distal end”
`
`A.
`Claim 1 of the ’933 Patent recites “a cable having proximal and distal ends, the
`
`proximal end being electrically coupled to the adapter and the distal end terminating
`
`in an output connector.” Apple 1001 at Claim 1. Applying the “broadest reasonable
`
`2 Because the “broadest reasonable interpretation” standard is distinct from, and
`
`broader than, the claim construction standard applied by district courts, see In re
`
`Cuozzo Speed Techs., 793 F.3d 1297, 1298 (2015), Apple expressly reserves the right to
`
`pursue other constructions in a district court.
`
`11
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`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`construction” standard, “proximal and distal ends” should be construed to mean
`
`“an end situated nearer to the adapter and an end situated away from the adapter.”
`
`Apple 1010 ¶ 63. Similarly, “proximal end” should be construed to mean “end nearer
`
`to the adapter” and “distal end” should be construed to mean “end situated away
`
`from the adapter.” Id.
`
`“output connector”
`
`B.
`Applying the “broadest reasonable construction” standard, “output connector”
`
`should be construed as “mechanical assembly for electrically coupling the cable in an
`
`electrical circuit.” This meaning is consistent with the disclosures of the ’933 Patent’s
`
`specification and what one of ordinary skill in the art would understand the term to
`
`mean. See Apple 1010 ¶ 64. The two most common methods of electrical coupling
`
`two electronic components in a circuit are hard-wiring—i.e., creating a permanent
`
`signal path between the wire and the neighboring component—and by outfitting one
`
`end of the cable with a mechanical assembly that can be joined with a corresponding
`
`mechanical assembly on the neighboring component to allow a secure signal
`
`connection between each of the wires in the cable and the leads of the neighboring
`
`component. Id. “Output connector” refers to the latter of these two methods—a
`
`mechanical assembly for electrically coupling the cable to an electrical device in an
`
`electrical circuit. Id.
`
`12
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`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`
`VII. SPECIFIC GROUNDS FOR INVALIDITY
`A.
`Claims 1 and 2 Are Rendered Obvious by Allen in View of the
`Knowledge of One of Ordinary Skill in the Art
`
`U.S. Patent No. 7,243,246 (“Allen”) is titled “System Having a Power Adapter
`
`That Generates a Data Signal Based on the State of a External Power Source That Is
`
`Used to Manage the Power Consumption of a CPU.” Apple 1003 at Cover. Allen
`
`was filed on December 19, 2003—nearly three years before the ’933 Patent’s
`
`November 28, 2006 priority date—and is assigned to Dell Products L.P. Id. Allen
`
`discloses power supply equipment for managing power supplied to a portable
`
`“information handling system” (“IHS”), such as a portable computer.3
`
`Like the ’933 Patent, Allen notes that it is advantageous for a portable
`
`computer to be able to receive power from a number of sources, including internal
`
`batteries, traditional AC power, and DC power outlets in automobiles and airplanes.
`
`Id. at 1:66-2:17. Allen discloses an external power supply system capable of accepting
`
`either AC or DC power and outputting DC power to the electronic device. Id. at Fig.
`
`
`3 Allen defines the term “information handling system” broadly as “any
`
`instrumentality or aggregate of instrumentalities operable to compute, classify,
`
`process, transmit, receive, retrieve, originate, switch, store, display, manifest, detect,
`
`record, reproduce, handle, or utilize any form of information, intelligence, or data for
`
`business, scientific, control, or other purposes.” Apple 1003 at 3:27-33.
`
`13
`
`

`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`4, 2:24-27. Power conversion circuitry in the power adapter is operable to convert
`
`AC power to DC power when the power adapter is connected to an AC power
`
`source. Id. at 3:67-4:3 Alternatively, if the power adapter is connected to a DC power
`
`source, a different circuit in the power adapter converts the DC power to appropriate
`
`voltage and current levels for use by the portable computer. See, e.g., id. at 2:24-33. A
`
`data signal indicating the respective type of power source is sent over a data line to the
`
`device, which can use this signal to control various operating parameters, including
`
`the power consumption levels of various system components. Id. at 2:39-51. An
`
`embodiment of the disclosed power supply equipment is illustrated in Figure 4 of
`
`Allen, reproduced below.
`
`Apple 1003, Figure 4
`
`
`
`Below, Apple explains in detail how claims 1 and 2 are obvious in view of Allen
`
`in combination with the knowledge of one of ordinary skill in the art.
`
`14
`
`

`
`1.
`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`Limitation 1A: “an adapter to convert power from a power
`source, external to the adapter, to DC power for powering an
`electronic device”
`
`Allen discloses an adapter to convert power from a power source, external to
`
`the adapter, to DC power for powering an electronic device. Allen discloses power
`
`adapter 12, which “accepts alternating current from a plug 36 and converts the
`
`alternating current into direct current.” Id. at 3:67-4:3; see also id. at 2:24-33; Fig. 3.
`
`Cable bundle 18 transmits this DC power to the electronic device’s external power
`
`connector 46. Id. at 4:3-6; Fig. 4 (illustrating “AC Voltage In”/“DC Voltage In” and
`
`“DC Voltage Out”); Apple 1010 ¶ 70.
`
`Apple 1003 (annotated; see Apple 1010 ¶ 70)
`
`
`
`15
`
`

`
`2.
`
`U.S. Patent No. 8,492,933
`Petition for Inter Partes Review
`Limitation 1B: “the adapter including circuitry for producing
`an analog data signal for use by the electronic device to
`control an amount of power drawn by the electronic device”
`
`
`
`Allen discloses an adapter including circuitry for producing an analog data
`
`signal for use by the electronic device to control an amount of power drawn by the
`
`electronic device. As illustrated in Figure 4 of Allen, reproduced below, Allen
`
`discloses an adapter including identification circuits 77 and 78 for producing data
`
`signals, which are transmitted to the device via line 42. Apple 1003 at 5:21-42; Fig. 4.
`
`Allen explains that the data signal transmitted on line 42 can be used by the electronic
`
`device “to implement various power management functions,” including “limit[ing] the
`
`charging of the battery and also limit[ing] the power consumption of the various
`
`system components.” Id. Limiting the charging of the battery or limiting power
`
`consumption of system components reduces the total power drawn by the device,
`
`thereby controlling the amount of power drawn by the electronic device from the
`
`adapter. Apple 1010 ¶ 71.