UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT CORPORATION
`
`Petitioner
`
`v.
`
`BRADIUM TECHNOLOGIES LLC
`
`Patent Owner
`
`CASE IPR2016-00449
`
`Patent No. 8,924,506
`
`DECLARATION OF DR. PEGGY
`AGOURIS IN SUPPORT OF PATENT
`OWNER RESPONSE PURSUANT TO
`37 C.F.R. § 42.120
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 2003
`Bradium Technologies LLC - patent owner
`Microsoft Corporation - petitioner
`IPR2016-00449
`
`1
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`

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`
`
`TABLE OF CONTENTS
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`Page
`
`I.
`
`INTRODUCTION .............................................................................................. 1
`A. Background and Qualifications .................................................................. 2
`B. Materials Considered .................................................................................. 3
`C. Person of Ordinary Skill in the Art (“POSA”) ........................................... 4
`D. Claim Construction ..................................................................................... 6
`1.
`“Limited Bandwidth Communications Channel” ............................... 7
`2.
`“Limited Communication Bandwidth Computer Device” ............... 11
`II. Summary of opinions ....................................................................................... 14
`III. MY ANALYSIS OF CLAIMS 1–21 ............................................................... 15
`A. Summary ................................................................................................... 15
`B. Discussion of Reddy and Hornbacker ...................................................... 22
`1. Reddy ................................................................................................ 22
`2. Hornbacker ........................................................................................ 23
`C. The Asserted References Do Not Teach or Suggest All Elements of
`the ’506 Patent .......................................................................................... 25
`1. Reddy does not disclose a limited bandwidth communications
`channel .............................................................................................. 25
`2. Reddy does not disclose a limited communication bandwidth
`computer device ................................................................................ 26
`3. Neither Reddy nor Hornbacker discloses selection of data
`parcels for progressive resolution enhancement ............................... 32
`4. Neither Reddy nor Hornbacker discloses the ’506 patent’s
`efficient data structure ...................................................................... 34
`5. Neither Reddy nor Hornbacker discloses a remote computer
`queuing data parcels based on an importance of the update
`data parcel as determined by the remote computer .......................... 41
`D. A POSA Would Not Have Selected and Combined Reddy and
`Hornbacker, and the Asserted Combination Is Driven by Improper
`Hindsight .................................................................................................. 44
`
`i
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`2
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`
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`1. The prior art taught away from an image pyramid approach
`such as TerraVision II for real-time image display over the
`World Wide Web .............................................................................. 48
`2. Reddy teaches away from operation on a limited
`communications bandwidth computer device .................................. 50
`3. Hornbacker and Reddy are incompatible ......................................... 52
`4. The reference combination is guided by hindsight ........................... 54
`E. There was a long-felt need but unresolved need for the invention of
`the ’506 Patent. ......................................................................................... 58
`IV. Concluding Statement ...................................................................................... 61
`
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`ii
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`3
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`
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`LIST OF APPENDICES
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`APPENDIX A
`
`Dr. Peggy Agouris Curriculum Vitae
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`
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`iii
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`4
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`

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`
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`I.
`
`INTRODUCTION
`1.
`
`I have been retained by counsel for Bradium Technologies LLC
`
`(“Bradium” or “Patent Owner”) as an expert consultant in regards to inter partes
`
`review proceeding IPR2016-00449 for U.S. Patent No. 8,924,506 (the “’506
`
`patent”).
`
`2.
`
`In
`
`IPR2016-00449,
`
`I understand
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`that Petitioner, Microsoft
`
`Corporation (“Microsoft” or “Petitioner”) is challenging the validity of Claims 1
`
`through 21 of the ’506 Patent.
`
`3.
`
`I understand that the Board instituted an inter partes review on the
`
`following Ground: Claims 1–21 as obvious under 35 U.S.C. § 103(a) over Reddy
`
`in view of Hornbacker. Paper No. 9 (Institution Decision) at 44.
`
`4.
`
`I was asked to consider whether the challenged claims of the ’506
`
`Patent (Ex. 1002), which are Claims 1 through 21, would have been obvious to a
`
`person of ordinary skill in the art (“POSA”) as of the date of the invention.
`
`5.
`
`Based on my analysis of the ’506 Patent and my understanding of the
`
`state of the relevant prior art as well as the specific references relied upon by the
`
`Petitioner for the ground that was instituted by the Board, it is my opinion that the
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`challenged claims would not have been obvious to a POSA as of the date of the
`
`invention.
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`1
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`5
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`

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`
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`A. Background and Qualifications
`6.
`This is a summary of my background and qualifications. I set forth
`
`my background in more detail in my Curriculum Vitae which is attached as
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`Appendix A.
`
`7.
`
`I am currently Dean of the College of Science at George Mason
`
`University. I am additionally the Director of the Center for Earth Observing &
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`Space Research at George Mason University. I was previously employed as a
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`Professor of Geoinformatics at the College of Science at George Mason University.
`
`8.
`
`Prior to my employment at George Mason University, I was an
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`assistant professor, and then associate professor, at the School of Computing and
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`Information Science at the University of Maine from 1995 to 2001 and 2001 to
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`2006 respectively. During my time as associate professor, I was also the Chief
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`Technology Officer at Milcord Maine, LLC from 2004 to 2006. I served as the
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`Chair of the department of Geography and Geoinformation Science at George
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`Mason University from 2008 to 2013 and was the Acting Associate Provost for
`
`Graduate Education at George Mason University from 2012 to 2013.
`
`9.
`
`I have an Engineering Diploma, which I obtained from the National
`
`Technical University of Athens, Greece. I also have a Master of Science degree in
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`Civil and Environmental Engineering and Geodetic Science and a Doctorate in
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`Digital Image Processing and Analysis from the Ohio State University.
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`2
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`6
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`
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`B. Materials Considered
`10. For time spent in connection with this case, I am being compensated
`
`at my customary rate. My compensation is not dependent upon the outcome of
`
`this petition or any issues involved in or related to the ’506 Patent, and I have
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`no other financial stake in this matter. I have no financial interest in, or affiliation
`
`with, any of the real parties in interest or the patent owner.
`
`11. The materials I considered include the ’506 Patent and the prosecution
`
`history for the ’506 Patent, the Petition from Microsoft for inter partes review
`
`(Paper No. 1), the Michalson Declaration in support of the Petition (Ex. 1005), the
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`Patent Trial and Appeal Board (“PTAB”) decision to institute inter partes review
`
`in IPR2016-00449 (Paper No. 9), and Bradium’s Preliminary Response (Paper
`
`No. 8). I also considered the materials that I refer to and that I cite in this
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`declaration, and, to the extent I considered them relevant, the materials provided by
`
`Dr. Michalson or the Petitioner.
`
`12.
`
`In addition, I have drawn on my experience and knowledge, as
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`discussed above and described more fully in my CV, in the areas of image
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`processing, geographic information systems, interactive computer graphics, and
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`dynamic visualization, among other areas.
`
`13. Counsel for Bradium has asked me to assume that the date of
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`invention for the ’506 Patent is October 1999. I understand that Dr. Michalson
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`3
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`7
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`
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`considered as the date of invention the earliest invention date claimed by the
`
`inventors during prosecution of the ’506 Patent, which is October 1999. See Ex.
`
`1005 ¶ 3. Therefore, my analysis of the state of the prior art is also based on an
`
`invention date of October 1999.
`
`14.
`
`I note that the most recent of the prior art references cited in the
`
`two grounds that were instituted by the Board is dated “March/April 1999” for
`
`Reddy (Ex. 1004 page 1 (stamped as page 30)). Accordingly, the asserted prior art
`
`would not change depending on whether October 1999 or December 27, 2000
`
`(which I understand is the date of provisional applications that are relied on for
`
`priority by the ’506 Patent) is considered to be the date of invention.
`
`C.
`Person of Ordinary Skill in the Art (“POSA”)
`15. The ’506 Patent relates to networked or internet based image
`
`distribution systems, in particular to a system and methods for efficiently selecting
`
`and distributing image parcels through a narrowband or otherwise limited
`
`bandwidth communications channel to support presentation of high-resolution
`
`images subject to dynamic viewing frustums. See Ex. 1002 1:29-34.
`
`16.
`
`I understand
`
`that
`
`the factors considered
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`in determining
`
`the
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`ordinary level of skill in the art include the level of education and experience of
`
`persons working in the field, the types of problems encountered in the field, and
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`the sophistication of the technology.
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`4
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`8
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`17. Based on these factors, in my opinion, a person of ordinary skill in
`
`the art (“POSA”) relating to the technology of the ’506 Patent at the time of the
`
`invention would have been a person with a four-year bachelor’s degree or
`
`equivalent in Electrical Engineering, Computer Engineering, or Computer Science,
`
`as well as at least two years of experience in image and graphics processing
`
`including developing, designing, or programming client-server software for
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`computer networked environments.
`
`18.
`
`I understand that Dr. Michalson has opined that a POSA should have
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`a Master of Science or equivalent degree in electrical engineering or computer
`
`science, or alternatively a Bachelor of Science or equivalent degree in electrical
`
`engineering or computer science, with at least 5 years of experience in a technical
`
`field related to geographic information system (“GIS”) or the transmission of
`
`image data over a computer network. (Ex. 1005 at Paragraph 31.) My opinions as
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`set forth in this declaration would not change even if I were to assume
`
`Dr. Michalson’s definition of a POSA is correct.
`
`19. The opinions I express herein are given from the point of view of
`
`a person of ordinary skill in the art, as described above, at the time of the
`
`invention of the ’506 Patent (which I have been asked to assume is October 1999).
`
`Even if I do not repeat this explicitly, this is the perspective that I applied in my
`
`analysis and in this declaration, unless I indicate otherwise.
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`5
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`9
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`
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`D. Claim Construction
`20.
`I understand that the claims and specification of a patent must be read
`
`and construed through the eyes of a person of ordinary skill in the art at the time of
`
`the priority date of the claims.
`
`21.
`
`I further understand that the claim construction standard that applies
`
`for the purposes of this proceeding is the broadest reasonable interpretation (BRI)
`
`of the claim language, in light of the specification. I have applied this standard in
`
`claim constructions I have set forth below.
`
`22. Elsewhere in my analysis, except when I state otherwise, I have
`
`applied the ordinary meaning of claim terms as they are used in the specification,
`
`under the BRI standard.
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`23. The Board has construed term “data parcel” to mean data that
`
`corresponds to an element of a source image array. (Paper 9 at p.10-11.) I have
`
`applied the Board’s definition in my analysis.
`
`24.
`
`I understand that the Board construed “Image Parcel” in IPR2015-
`
`01432 for the related U.S. Pat. No. 7,139,794. IPR2015-01432, Paper No. 15 at 10
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`(P.T.A.B. Dec. 23, 2015). The Board construed “image parcel” to be an element of
`
`an image array, with the image parcel being specified by the X and Y position in
`
`the image array coordinates and an image set resolution index. I understand that
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`6
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`10
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`Patent Owner has proposed this definition be adopted in this IPR. I have reviewed
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`and I agree with this definition.
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`25. The Board has determined that “mesh” does not require further
`
`construction. I have applied the Board’s guidance in my analysis.
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`26.
`
`In conducting my analysis of the challenged claims of the ’506 patent,
`
`I have applied the claim constructions below consistent with the BRI standard. I
`
`have considered these constructions solely in the context of this inter partes review
`
`and have not considered other litigation proceedings where a different standard
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`may apply.
`
`1.
`
`“Limited Bandwidth Communications Channel”
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`27.
`
`I understand that Patent Owner has proposed a BRI claim construction
`
`for the term “limited bandwidth communications channel” in all claims of
`
`the ’506 patent of “a wireless or narrowband communications channel.” I have
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`reviewed and agree with this proposed construction. (Patent Owner Response at
`
`pp.9-10.)
`
`28. Support for this construction is found in the specification, for example
`
`at 1:29-34; 3:11-14; 3:14-20; 3:33-37; 5:30-36; 8:50-53, and as set forth below.
`
`29. No communications channel is unlimited, and therefore I consulted
`
`the specification to understand how the patentee was using the term “limited
`
`bandwidth communications channel.”
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`7
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`11
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`30. A limited bandwidth communications channel is limited by direct
`
`technological constraints. Although the term is not defined in the specification of
`
`the ’506 patent (as noted by the Board, Paper No. 9 at 22), the ’506 patent states
`
`that “limited bandwidth conditions may exist due to either the direct technological
`
`constraints dictated by the use of a low bandwidth data channel or indirect
`
`constraints imposed on relatively high-bandwidth channels by high concurrent user
`
`loads.” Ex. 1002 at 3:14–20 (emphasis added).
`
`31. A high-bandwidth channel operating under high concurrent user load
`
`can suffer from limited bandwidth conditions, but a low bandwidth data channel
`
`relates to the technological constraints on that channel itself. A narrowband
`
`connection such as dial-up, for example, regardless of concurrent user load, has a
`
`technologically imposed maximum bandwidth throughput. A POSA would have
`
`understood that a “limited bandwidth communications channel” refers to the “low
`
`bandwidth data channel” in the specification, which is low bandwidth due to
`
`technological constraints.
`
`32. A narrowband communications channel
`
`is
`
`limited by direct
`
`technological constraints and is disclosed by the ’506 patent as a limited bandwidth
`
`communications channel. The ’506 patent states, for example, that “[t]he
`
`disclosure is related to network based, image distribution systems and, in particular,
`
`to a system and methods for efficiently selecting and distributing image parcels
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`8
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`12
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`

`
`
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`through narrowband or otherwise limited bandwidth communication channel to
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`support presentation of high-resolution images subject to dynamic viewing
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`frustums.” Ex. 1002 at 1:29-34 (emphasis added). Narrowband channels generally
`
`include non-broadband communications channels, such as wired dial-up
`
`connection, which was a common consumer-level communications channel in
`
`1999.
`
`33. Wireless networks are also limited by direct technological constraints
`
`as discussed at length in the ’506 patent as limited bandwidth communications
`
`channels. For example, the ’506 patent specification notes: “Another problem is
`
`that small clients are generally constrained to generally to [sic] very limited
`
`network bandwidths, particularly when operating under wireless conditions.”
`
`Ex. 1002 at 3:11-14. Wireless networks are particularly susceptible to packet loss,
`
`a latency problem the ’506 patent seeks to address.
`
`34. The patent states: “Reliable transport protocols, however, merely
`
`mask packet losses and the resultant, sometimes extended, recovery latencies.
`
`When such covered errors occur, however, the aggregate bandwidth of the
`
`connection is reduced and the client system can stall waiting for further image data
`
`to process.” Ex. 1002 at 3:33-37.
`
`35. The ’506 patent also contemplates performance on wireless devices in
`
`describing its preferred embodiment of four concurrent threads. “Empirically, for
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`9
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`13
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`

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`
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`many wireless devices, four concurrent threads are able to support a relatively
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`continuous delivery of image data parcels to the client 20 for display processing.”
`
`Ex. 1002 at 8:50-53. Figure 1 of the ’506 patent shows a preferred embodiment of
`
`the invention, including a wireless connection. “The preferred operational
`
`environment 10 of the present invention is generally shown in FIG. 1. A network
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`server system 12, operating as a data store and server of image data, is responsive
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`to requests received through a communications network, such as the Internet 14
`
`generally and various tiers of internet service providers (ISPs) including a wireless
`
`connectivity provider 16.” Ex. 1002 at 5:30-36.
`
`36.
`
`It is my opinion that the Petitioner’s construction of this term relies on
`
`a flawed reading of the specification and is overbroad. The Petition argues that
`
`Reddy teaches a device that retrieves data over limited bandwidth communications
`
`channel because Reddy uses the Internet. See Paper 1 (Petition) at p.47-48 (Claim
`
`8, preamble) citing Petition at pp.26-39 (Claim 1, preamble). The Internet,
`
`however, is not a “communications channel” as used in the ’506 patent as it would
`
`be understood by a POSA in 1999. A client device would use a communications
`
`channel to use the Internet. Further, as explained above, constraints imposed by
`
`high concurrent user loads create limited bandwidth conditions, not limited
`
`bandwidth channels.
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`10
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`14
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`

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`
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`2.
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`“Limited Communication Bandwidth Computer Device”
`
`37.
`
`I understand that Patent Owner has proposed BRI claim construction
`
`for the term “limited communication bandwidth computer device” in all claims of
`
`the ’506 patent of to mean “a small client, for example, smaller, typically dedicated
`
`function devices often linked through wireless network connections, such as PDAs,
`
`smartphones, and automobile navigation systems.” (See Patent Owner Response,
`
`pp. 12-13.)
`
`38. Support for this construction is found in the specification, for example,
`
`at 2:55-60; 3:12-20; 3:20-25; 3:20-22; 3:38-42; 4:12–15; 5:42–46; 5:35-36; 5:36-
`
`42; 5:36-37; 8:60-63, and as set forth below.
`
`39. No computer device has unlimited communications bandwidth, and
`
`therefore I consulted the specification to understand how the patentee was using
`
`the term “limited communications bandwidth computer device.”
`
`40. Support for the construction I propose is found in the specification,
`
`which describes a number of preferred embodiments of the ’506 patent’s invention,
`
`whose goal is to provide a client system viable on small clients. See, e.g., Ex. 1002
`
`at 3:38-42. “A mobile computing device such as mobile phone, smart phone, and
`
`or personal digital assistant (PDA) is a characteristic small client. Embedded,
`
`low-cost kiosk and or automobile navigation systems are other typical examples.”
`
`Ex. 1002 at 2:55-60. “Cellular connected PDAs and webphones are examples of
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`11
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`15
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`
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`small clients that are frequently constrained by limited bandwidth conditions. The
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`conventionally realizable maximum network transmission bandwidth for such
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`small devices may range from below one kilobit per second to several tens of
`
`kilobits per second” Ex. 1002 at 3:20-25. “The client software system is very
`
`small and easily downloaded to conventional computer systems or embedded in
`
`conventional dedicated function devices, including portable devices, such as PDAs
`
`and webphones.” Ex. 1002 at 4:12–15. “For small clients 20, the available
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`memory for the parcel data store 46 is generally quite restricted. In order to make
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`optimal use of the available memory, only currently viewable image parcels are
`
`subject to download.” Ex. 1002 at 8:60-63.
`
`41. The ’506 patent states that a small client is generally constrained to
`
`very limited network bandwidths either through direct technological constraints (a
`
`limited bandwidth communications channel as explained above) or through
`
`indirect constraints imposed on relatively high-bandwidth channels by high
`
`concurrent user loads. Ex. 1002 at 3:12-20. The ’506 patent anticipates that even
`
`when a small client is using a relatively high-bandwidth communications channel,
`
`it may be subject to high concurrent user load. Ex. 1002 at 3:12-20. Figure 1 of
`
`the ’506 patent displays two examples of limited bandwidth situations for a small
`
`client 20: a plug-in local network server 22 implementing a small, embedded web
`
`server (Ex. 1002 at 5:42-49) as well as a wireless connectivity provider 16
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`12
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`16
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`

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`
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`(Ex. 1002 at 5:35-36). The ’506 patent also notes that cellular connected PDAs
`
`and webphones are frequently constrained by limited bandwidth conditions
`
`(Ex. 1002 at 3:20–22), both by their limited bandwidth channel (cellular) and by
`
`high concurrent user load (cellular towers potentially servicing multiple users).
`
`42.
`
`I disagree with
`
`the
`
`construction of
`
`“limited bandwidth
`
`communications device” that is set forth in the Petition (Paper No. 1 at 27:7-9). It
`
`is unreasonably broad, even under the BRI standard. Petitioner claims that “a
`
`POSITA would have understood that both the Internet and WWW are computer
`
`network technologies in which multiple users share bandwidth somewhere in the
`
`network, and therefore, Reddy’s terrain data viewing also works when a user has
`
`limited bandwidth available due to other users’ bandwidth utilization.” Paper
`
`No. 1 at 27. Petitioner’s interpretation effectively writes the “limited bandwidth”
`
`language out of the claims, as any computer device that connects to the Internet
`
`would qualify as a “limited communications bandwidth computer device.” A
`
`POSA would not have understood limited communications bandwidth computer
`
`device, in light of the patent specification, to mean “any device connected to the
`
`Internet.” A POSA would apply a reasonable construction that gives meaning to
`
`the term by limiting the claims to the kinds of devices and communications
`
`networks discussed throughout the patent, i.e., portable devices on narrowband or
`
`wireless connections.
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`13
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`17
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`
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`43. Although nothing stops the invention of the ’506 patent from
`
`operating on a conventional workstation and/or personal computer (see Ex. 1002 at
`
`5:36-42; Fig. 1), it is capable of effectively operating on a mobile or portable
`
`computing device operating over a wireless or narrowband communications
`
`channel. The specification notes, for example, that client systems include
`
`conventional workstations and personal computers (Ex. 1002 at 5:36–37), but the
`
`claim language itself is narrower.
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`II.
`
`SUMMARY OF OPINIONS
`44.
`
`In this Section I present a summary of my opinions. The full
`
`statement of my opinions and the bases for my opinions are contained in the
`
`appropriate sections of my declaration. I give this summary, however, for the
`
`convenience of the reader.
`
`45. For the reasons set forth in this Declaration, and based on my analysis
`
`of the ’506 Patent and my knowledge and experience, and my analysis of the
`
`ground instituted by the Board for this review and the references relied upon by the
`
`Petitioner for the ground instituted by the Board, it is my opinion that the
`
`challenged claims (1-21) would not have been obvious to a POSA as of the date of
`
`the invention, October 1999.
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`14
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`18
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`
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`III. MY ANALYSIS OF CLAIMS 1–21
`A.
`Summary
`46.
`
`In my opinion, Reddy in view of Hornbacker does not teach or
`
`suggest all of the elements of the challenged claims of the ’506 patent. Reddy does
`
`not teach or suggest:
`
` A system capable of operating on “limited communication bandwidth
`
`computer devices” or over a “limited bandwidth communications
`
`channel,” one or both of which are required elements of all claims;
`
` The ’506 patent’s efficient KD, X, Y data structure (all claims);
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` A processor operative to select data parcels to “provide for a
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`progressive resolution enhancement of said defined image on said
`
`display” (claims 8, 15);
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` “queuing the update data parcels on the remote computer based on an
`
`importance of the update data parcel as determined by the remote
`
`computer.” (claims 6, 13, 20); and
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` “storing each data parcel on the remote computer in a file of defined
`
`configuration such that a data parcel can be located by specification
`
`of a KD, X, Y value that represents the data set resolution index D and
`
`corresponding image array coordinate” (claims 7, 14, and 20).
`
`15
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`19
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`

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`
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`47. Hornbacker does not disclose all the elements which Reddy is lacking.
`
`Hornbacker does not teach or suggest:
`
` The efficient KD, X, Y data structures of the ’506 patent (all claims).
`
` A processor operative to select data parcels to “provide for a
`
`progressive resolution enhancement of said defined image on said
`
`display” (claims 8, 15);
`
` “queuing the update data parcels on the remote computer based on an
`
`importance of the update data parcel as determined by the remote
`
`computer.” (claims 6, 13, 20); and
`
` “storing each data parcel on the remote computer in a file of defined
`
`configuration such that a data parcel can be located by specification
`
`of a KD, X, Y value that represents the data set resolution index D and
`
`corresponding image array coordinate” (claims 7, 14, and 20).
`
`48. A POSA would not understand Reddy or Hornbacker, alone or in
`
`combination, to satisfy the claim language of claims 1–21. Also, a POSA would
`
`not have combined Reddy and Hornbacker to arrive at the claimed invention.
`
`49. A POSA would not have considered a document-image system such
`
`as Hornbacker in conjunction with a GIS system such as Reddy, as I explain
`
`further in Section III.D. A document is a much more constrained input than is
`
`geographical data, so a POSA working with geographical data would not expect
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`16
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`20
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`
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`document system techniques to be useful and would not seek or apply such
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`techniques. Similarly, someone working with documents would not expect that
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`techniques for dealing with complex geographic data (which includes shadows,
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`reflections, etc.) would be helpful if applied to digital documents.
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`50. Also, in addressing a bandwidth-limited situation, a POSA would not
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`have looked to Reddy, either alone or in view of Hornbacker, because Reddy is
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`specifically designed for a high-speed internet connection and is computationally
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`complex and bandwidth intensive.
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`51. Reddy
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`is part of
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`the Multidimensional Applications GigaBit
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`(extremely high-speed) Internet Consortium (MAGIC) project. Ex. 1004, ¶38 and
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`page 8 (stamped as page 37) (Acknowledgements, showing funding by
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`“Multidimenional Applications Gigabit Internet Consortium II”). Further, as
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`shown in Exhibit 2066, the SRI International team (authors of Reddy and also of
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`Exhibit 2066), intended to apply Terravision to extremely high-speed, specialized
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`networks in the context of a Digital Earth project. SRI reported that Terravision
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`was engineered to support the Digital Earth framework, which was intended to
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`operate on “advanced NGI networks.” Ex. 2066 at 2. Advanced NGI networks are
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`“Next Generation Initiate” networks focused on government and research use at
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`extremely high-speeds. See Ex. 2067.
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`52. A POSA would not have considered Reddy for a limited bandwidth
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`environment and would not have applied Reddy to achieve the method and system
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`described and claimed in the ’506 patent.
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`53. A POSA would also not have considered Hornbacker in a bandwidth-
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`limited environment. Hornbacker discloses that the server custom-calculates tile
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`views of an image based, for example, on a particular angle of rotation that the user
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`happens to request—these tiles would be unusable in the system of Hornbacker by
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`a user who requests the same image at a slightly different angle, for example,
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`which a POSA would understand to be an inefficient approach that would
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`needlessly result in a lot of duplicative network traffic.
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`54. The Petition’s suggestion to combine Hornbacker with Reddy appears
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`to be driven by improper hindsight. A POSA would not have looked to Reddy in
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`view of Hornbacker, because these two references take entirely different
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`approaches. Reddy describes the use of custom software (a version of VRML that
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`runs as a processing-intensive client application) on the user computer to achieve
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`real-time “fly over” effect in a complex 3D environment. By contrast, Hornbacker
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`is designed to avoid the need for custom software by allowing users to access an
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`image via off-the-shelf computer browsers and workstations, by placing the burden
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`on the server to custom-calculate tiled views of an image file in response to simple
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`requests from the client computers. Further, a POSA would have understood that
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`applying the custom-tile-calculation approach of Hornbacker to Reddy would
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`severely slow down the system by imposing an excessive calculation burden,
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`which would not make sense because it would be directly contrary to the goal of
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`Reddy of allowing the user to “fly over” terrain. Further, the approach of
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`Hornbacker would have been understood to be impractical for the hundreds of
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`gigabytes of data of the Reddy environment. See Ex. 1004, ¶2.
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`55. Another reason that a POSA would not have looked to Reddy or
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`Hornbacker is that the prior art taught away from the innovations of the ’506 patent
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`and towards the use of compression and progressive transmission of image files.
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`The prior art discouraged the use of the ’506 patent’s KD, X, Y data structure in
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`limited-bandwidth situations where speed of performance was an issue because
`
`that data structure required redundant transmission of image information. See Ex.
`
`2043 at 49:9–53:18; Ex. 1005 at Appendix N at 1.
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`56. To achieve gradually improving resolution of an image using tiles, for
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`example, first a low-resolution tile would need to be downloaded, and then a series
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`of completely new images in the form of higher-resolution tiles. This was
`
`understood prior to the ’506 patent as problematic as it consumed and wasted
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`precious bandwidth in a bandwidth-constrained environment.
`
`57. The prior art instead directed the POSA to the use of compression
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`techniques such as progressive transmission, a technique that was praised as
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`allowing for rapid viewing by the user of a low-resolution image and efficient and
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`smooth improvement of image resolution over time, in contrast to the perceived
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`higher memory usage, redundancy, and “popping” caused by sudden changes in
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`using an image tiles that required a “brand new” image for each resolution level.
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`See Ex. 2043 at 53:19–54:3, 70:9–71:19; Ex. 1005 at Appendix BB (Migdal) at Fig.
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`1B and 2:29–30, 2:43–45.
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`58. The invention of the ’506 patent satisfied what a POSA would have
`
`understood was a long-felt but unresolved need for fast and efficient transfer of
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`image data (such as map data) in limited bandwidth situations. Ex. 2006 at 24
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`(p.32). There was a documented need for better solutions for image transfer for
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`mapping and image systems since the 1970’s and 1980’s. Ex. 2006 at 24 (p.32). It
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`was well known since at least 1991 that map data was large and the speed of access
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`to such data was important. Ex. 2007 at 19–20 (pp.121–122). Further, networked
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`GIS were in place as least as of 1991. Ex. 2006 at 38–39 (pp.57–58.)
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`Development of “fly over,” “walk through” and flight simulation systems had
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`taken place since the 1980s. Ex. 2006 at 83 (p.354). Yet no one came up with the
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`invention of the ’506 patent prior to Mr. Levanon. Indeed, despite focused effort
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`in the GIS field to develop efficient and fast GIS systems, there were numerous
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`failures. Ex. 2006 at 15 (p.23).
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