Filed on behalf of: Fitbit, Inc.
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`Paper No. ____
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FITBIT, INC.
`Petitioner
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`v.
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`ALIPHCOM, INC.
`Patent Owner
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`U.S. Patent No. 8,793,522
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`DECLARATION OF DR. TAJANA S. ROSING
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`FITBIT EXHIBIT 1002
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`TABLE OF CONTENTS
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`B. 
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`C. 
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`Page
`INTRODUCTION ............................................................................................................. 1 
`I. 
`QUALIFICATIONS .......................................................................................................... 1 
`II. 
`SUMMARY OF OPINIONS ............................................................................................. 5 
`III. 
`LEVEL OF ORDINARY SKILL IN THE ART ............................................................... 6 
`IV. 
`BACKGROUND OF THE RELEVANT FIELD .............................................................. 7 
`V. 
`BACKGROUND OF THE ’522 PATENT ........................................................................ 9 
`VI. 
`VII.  CLAIM CONSTRUCTION ............................................................................................. 10 
`A. 
`“band” (claim 2) ................................................................................................... 10 
`VIII.  PRIOR ART ..................................................................................................................... 11 
`James.................................................................................................................... 11 
`A. 
`Chou ..................................................................................................................... 12 
`B. 
`Tan ....................................................................................................................... 12 
`C. 
`Tanaka.................................................................................................................. 14 
`D. 
`Yasukawa ............................................................................................................. 14 
`E. 
`CERTAIN REFERENCES TEACH OR SUGGEST ALL THE CLAIMED
`FEATURES OF CLAIM 2 THE ’522 PATENT ............................................................. 16 
`Ground 1: The Combination of James and Chou Teaches All the Features
`A. 
`of Claim 2 ............................................................................................................ 16 
`1. 
`Claim 2 ..................................................................................................... 16 
`Ground 2: The Combination of Tan and Tanaka Teaches All the Features
`of Claim 2 ............................................................................................................ 24 
`1. 
`Claim 2 ..................................................................................................... 24 
`Ground 3: The Combination of Yasukawa and Tanaka Teaches All the
`Features of Claim 2 .............................................................................................. 39 
`1. 
`Claim 2 ..................................................................................................... 39 
`CONCLUSION ................................................................................................................ 53 
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`IX. 
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`X. 
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`I, Tajana S. Rosing, declare as follows:
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`I.
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`INTRODUCTION
`1. My name is Tajana Simunic Rosing, Ph.D. I reside at 11485 Raedene
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`Way, San Diego, CA 92131.
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`2.
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`I have been retained by Fitbit Inc. (“Petitioner”) as an independent
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`expert consultant in this proceeding before the United States Patent and Trademark
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`Office regarding U.S. Patent No. 8,793,522 (“the ’522 patent”), which I understand
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`is labeled as Ex. 1001 in this proceeding. I have been asked to consider, among
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`other things, whether certain references teach or suggest the features recited in
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`claim 2 of the ’522 patent. My opinions are set forth below.
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`3.
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`I am being compensated at my normal consulting rate for the time I
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`spend on this matter. No part of my compensation is dependent on the outcome of
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`this proceeding or any other proceeding involving the ’522 patent. I have no other
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`interest in this proceeding.
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`II. QUALIFICATIONS
`4.
`I am currently a full professor and Fratamico Endowed Chair at the
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`Computer Science Engineering Department and an adjunct professor at Electrical
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`and Computer Engineering Department at University of California, San Diego. I
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`teach embedded systems and computer engineering classes, amongst others. I have
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`served on the faculty since 2005.
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`5.
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`I am also the Director of the System Energy Efficiency Lab at U.C.
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`San Diego, where I oversee research teams on projects related to system energy-
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`efficiency. These projects have included resource management and design of
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`heterogeneous wireless sensor-control-actuator networks.
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`6.
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`From 2008 to the present, I have been an executive board member of
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`the San Diego Supercomputing Center. As part of my responsibilities during this
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`time frame, I have been involved in research and development of technology
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`related to system energy-efficiency. I have also developed energy management
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`systems from CPUs to networks and datacenters. My work on battery modeling
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`and power management during this time frame has been published in numerous
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`papers, starting from the work published in Multimedia Computing and
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`Networking 2005 until today. My most recent work was accepted for publication in
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`Design, Automation and Test in Europe 2016. During this time, I have had over
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`150 papers published, some of which have been nominated for awards and some of
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`which have won awards. A copy of my current CV is attached.
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`7.
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`I have a Bachelor’s of science degree in Electrical Engineering from
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`Northern Arizona University, which I received in 1992. While engaged in my
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`studies for my Bachelor of Sciences degree, I designed an award-winning switched
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`capacitor filter for Texas Instruments. I was also the recipient of a NASA
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`Undergraduate Research Fellowship.
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`8.
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`I went on to receive my first Masters of Science degree in Electrical
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`and Computer Engineering from the University of Arizona in 1993. During this
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`time, I developed a framework for design automation of high-speed VLSI
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`interconnect geometries. This simulator has been used by member companies of
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`Semiconductor Research Corporation.
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`9.
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`In 2000, I was awarded another Master of Sciences degree, this one in
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`Engineering Management, from Stanford University.
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`10.
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`In 2001, I received a PhD in Electrical Engineering from Stanford
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`University. My dissertation research related to energy efficient system design and
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`utilization, which continues to be my area of focus as a professor at U.C. San
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`Diego.
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`11. Between 1997 and 2004, I worked on research related to power
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`management at Stanford University, and between 1998 and 2004 also at Hewlett-
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`Packard Labs. In this role I designed, implemented and published a first provably
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`optimal power management algorithm for battery-powered devices, and evaluated
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`it in simulation and also via implementation on a battery-powered laptop. I created
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`a simulator that accurately models energy consumption in mobile systems. The
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`simulator included models of battery subsystems, DC/DC conversion circuitry,
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`processor, memory and communication subsystems. I also led a team of
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`researchers with a goal of developing new technologies targeted at wireless media
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`markets in connection with a collaboration between Stanford and Hewlett-Packard.
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`As part of this work, my team and I interfaced with various divisions of Hewlett-
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`Packard, and have filed for five Patents. During the period between 1997 and 2004,
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`I was also responsible for obtaining funding, attending conferences, and serving on
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`committees that peer-review technical papers. My primary role was to focus on
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`modeling and design of wireless systems, with specific focus on battery and power
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`management. During this time, I was nominated as one of MIT’s top 100
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`researchers of 2002.
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`12.
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`I have also authored a number of book chapters that relate to energy
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`management in portable/battery-powered electronic devices, including:
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` Baris Aksanli, Jagannathan Venkatesh, Inder Monga, and Tajana Rosing.
`Renewable Energy Prediction for Improved Utilization and Efficiency in
`Datacenters and Backbone Networks. Computational Sustainability
`(Springer Book Chapter), 2015.
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` G. Dhiman, R. Ayoub, T. Simunic Rosing, “Energy and Thermally Aware
`Scheduling in Datacenters,” in Energy-Efficient Distributed Computing,
`Edited by Albert Zomaya & Young Choon Lee , Wiley-Interscience 2010.
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` N. Nikzad, P. Aghera, P. Zappi, T. Simunic Rosing, “Energy Management in
`Heterogeneous Wireless Healthcare Networks,”
`in Energy-Efficient
`Distributed Computing, Edited by Albert Zomaya & Young Choon Lee,
`Wiley-Interscience 2010.
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` Y. Lu, E. Chung, T. Simunic, L. Benini, G. De Micheli: “Quantitative
`Comparison of Power Management Algorithms”, in The Most Influential
`Papers of 10 Years DATE, Edited by Lauwereins, Rudy; Madsen, Jan,
`Springer-Verilag, 2008.
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` J. Kim, T. Simunic Rosing, “Power-aware resource management techniques
`for low-power embedded systems,” in Handbook of Real-Time and
`Embedded Systems, Edited by S. H. Son, I. Lee, J. Y-T Leung, Taylor-
`Francis Group LLC, 2006.
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` T. Simunic: “Dynamic Management of Power Consumption” in Power
`Aware Computing, Edited by R. Graybill, R. Mehlem, Kluwer Academic
`Publishers pp.102-125, 2002.
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`13.
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`I serve as a consultant to a number of industry leaders, and have been
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`invited to talk at such companies as Intel, Panasonic, Texas Instruments, Google,
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`Cisco, Qualcomm, Raytheon, Fujitsu, and Broadcom on a variety of energy
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`management topics, including “Energy and thermal management in mobile
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`systems,” using batteries for peak power shaving,” and “Thermal and power
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`management in mobile phones.”
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`III. SUMMARY OF OPINIONS
`14. All of the opinions contained in this Declaration are based on the
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`documents I reviewed and my knowledge and professional judgment. In forming
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`the opinions expressed in this Declaration, I reviewed the documents mentioned in
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`this Declaration, including the ’522 patent (Ex. 1001), U.S. Patent Application
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`Pub. No. 2009/0076343 to James et al. (“James”) (Ex. 1004), U.S. Patent
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`Application Pub. No. 2009/0264714 to Chou (“Chou”) (Ex. 1005), English
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`Translation of Japanese Patent No. 4,146,539B2 to Tanaka et al. (“Tanaka”) (Ex.
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`1006), U.S. Patent Application Pub. No. 2009/0326406 to Tan et al. (“Tan”) (Ex.
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`1007), U.S. Patent No. 5,795,301 to Yasukawa et al. (“Yasukawa”) (Ex. 1008),
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`USB Specification 1.0, dated January 15, 1996 (Ex. 1014), U.S. Patent Application
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`Pub. No. 2003/0201755 to Briggs et al. (Ex. 1018), U.S. Patent No. 5,125,398 to
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`Horton (Ex. 1019), U.S. Patent No. 4,931,775 to Sheriff (Ex. 1020).
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`15. My opinions are additionally guided by my appreciation of how a
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`person of ordinary skill in the art would have understood the claims of the ’522
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`patent at the time of the alleged invention, which I have been asked to assume is
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`June 10, 2011.
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`16. Based on my experience and expertise, it is my opinion that certain
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`references teach or suggest all the features recited in claim 2 of the ’522 patent.
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`IV. LEVEL OF ORDINARY SKILL IN THE ART
`17. At the time of the alleged invention, in June 2011, a person of
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`ordinary skill in the art would have completed years of relevant college-level
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`coursework in an engineering field, such as electrical or computer engineering, and
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`frequently would have had a bachelor’s degree in such field, with one to two years
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`of post-education relevant work experience.
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`18.
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`In determining the level of ordinary skill, I have been asked to
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`consider, for example, the types of problems encountered in the art, prior solutions
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`to those problems, the rapidity with which innovations are made, the sophistication
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`of the technology, and the educational level of active workers in the field. Active
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`workers in the field would have had at least several years of college-level
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`coursework in a relevant engineering field, as noted above. Depending on the level
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`of education, it would have taken between 1–2 years for a person to become
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`familiar with the problems encountered in the art and to become familiar with the
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`prior and current solutions to those problems.
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`19.
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`In my capacity as a professor at the University of California, San
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`Diego, a large proportion of the students whom I train and supervise would also be
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`considered persons of ordinary skill in the art under the above level of skill during
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`the relevant timeframe.
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`20. A person of ordinary skill in the art in June 2011 would be generally
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`familiar with the use of sensors as system load and have an understanding of
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`system and circuit level design concepts as they relate to optimizing power
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`consumption.
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`V. BACKGROUND OF THE RELEVANT FIELD
`21. Wearable, data-capable bands containing sensors for monitoring
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`physiological signals were well-known at the time of the ’522 patent invention. See
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`Ex. 1005 at FIGS. 2 & 4; 1007 at FIG. 2; 1008 at FIG. 1. The band form factor for
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`these physiological monitoring devices was recognized in the prior art as a simple
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`design choice: “[C]onsidering the comfort, convenience and mobility of the user . .
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`. the detecting device and the attaching element can have many choices. . . . [T]he
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`attaching element can be implemented into a common type, such as, a belt for
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`head, chest, arm or wrist.” Ex. 1005 at ¶¶ 0057, 0066, 0046 (“it can be
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`implemented into different types, for example, a belt . . . , a patch . . . or a
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`han[g]ing band . . . the major principle is not to increase the burden on the user”).
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`22. Further, the ’522 patent’s claimed connectors, capable of providing
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`data and power, were also well-known in the art. The ’522 patent points to a
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`universal serial bus (USB) connector as exemplary. Ex. 1001 at 21:40–55. The
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`USB 1.0 specification—published in January 1996—describes transfer of a control
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`signal and power over a four-wire cable. Ex. 1014 at 29. By the time the ’522
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`patent was filed 15 years later, USB was a well-known connector interface and a
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`simple design choice as to the type of connector a device may use. See Ex. 1007 at
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`¶ 0036.
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`23. The power-saving features taught by the ’522 patent were also well-
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`known and widely practiced in battery-powered electronic devices for years before
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`the ’522 patent. For example, preventing battery power from being provided to
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`components during shipping has been commonplace with consumer electronic
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`devices for decades, often using a simple, removable plastic tab to isolate a
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`battery’s terminals during shipping. See Ex. 1018 at ¶ 0010; Ex. 1019 at 2:22–29,
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`FIG. 1; Ex. 1020 at 5:1–7.
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`VI. BACKGROUND OF THE ’522 PATENT
`24. The ’522 patent is directed to structures and techniques for managing
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`power consumption and other power-related functions in a data-capable band worn
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`or carried by a user. Ex. 1001 at 1:22–29, 4:25–28. The ’522 patent explains that
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`“band 200 and [its] elements may be varied in function, structure, configuration, or
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`implementation and are not limited to those shown and described.” Id. at 9:22–25.
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`The specification provides that “sensors, both active and passive, may be
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`implemented as part of bands . . . to capture various types of data from different
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`sources.” Id. at 4:31–34. A variety of sensors may be used, such as accelerometers,
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`or other sensors “to provide temperature, environmental, physical, chemical,
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`electrical, or other types of sensed inputs.” Id. at 8:62–9:3.
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`25. To conserve battery power, the ’522 patent describes a transitory
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`power manager that detects whether power is being applied to a connector and,
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`“responsive to the application of power . . . switches the band from the first power
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`mode to the second power mode.” Id. at 23:35–43. In one embodiment, the first
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`power mode is a reduced power mode used to preserve power. Id. at 22:40–23:12.
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`This power management technique may be used during shipping from a
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`manufacturer. Id. at 22:61–66. The ’522 patent teaches a second mode in which
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`“power is applied to a subset of sensors, with the second power mode being
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`subsequent to the first power mode.” Id. at 23:32–34.
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`26.
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`I have been asked to address independent claim 2, which is directed
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`toward a band including sensors capable of managing power consumption during
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`shipping. Id. at 30:8–32:47.
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`VII. CLAIM CONSTRUCTION
`27.
`I understand that in this proceeding, a claim receives its broadest
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`reasonable construction in light of the specification of the patent in which it
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`appears. I also understand that in these proceedings, any term that is not construed
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`should be given its plain and ordinary meaning under the broadest reasonable
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`construction. I have followed these principles in my analysis below.
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`A.
`“band” (claim 2)
`28. Claim 2 recites a “A band comprising.” Ex. 1001 at 30:41.
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`29.
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`I have been informed that in a proceeding before the International
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`Trade Commission, Patent Owner’s proposed construction for “band” is a “data-
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`capable device that may be worn as a strap or band around an arm, leg, ankle, or
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`other bodily appendage or feature;” and Petitioners as respondents have proposed
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`that “band” requires no construction and should be given its plain and ordinary
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`meaning. I have been informed that the ITC Staff also contends that no
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`construction is necessary, but that if construed, the proper construction is “a
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`substantially flat encircling strip.” I have further been informed that the
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`Administrative Law Judge in the ITC case has determined that “band” requires no
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`construction. In my opinion, the prior art discussed herein teaches or suggests
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`every limitation of claim 2 of the ’522 patent under each of these constructions or
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`any reasonable interpretation of the claim.
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`VIII. PRIOR ART
`A.
`James
`30.
`James teaches an adherent patch device configured to be coupled to a
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`patient that contains sensors to monitor the patient’s physiological parameters. Ex.
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`1004 at Abstract, ¶ 0029. James teaches that such a device may use a rechargeable
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`battery. Id. at ¶¶ 0038, 0046, 0115. Recognizing the need to prevent unnecessary
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`battery consumption, James teaches that the adherent patch device may include an
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`“energy management device” configured with a variety of power saving features.
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`Id. at ¶¶ 0060, 0077. Such features include the deactivation of selected sensors to
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`reduce redundancy and reduce power consumption, id. at ¶ 0035, and modulating
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`clock speed to optimize energy. Id. at ¶¶ 0038, 0117, 0143.
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`31.
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`James also teaches a variety of techniques for removing the patch
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`device from “storage mode” as part of its activation, such as by detecting a
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`connection between electronics and the patch. Id. at ¶¶ 0078–0093. As would have
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`been known by one of ordinary skill in the art, the storage mode would have
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`prevented unnecessary battery consumption during storage of the device. See Ex.
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`1004 at ¶¶ 0082, 0087–0088.
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`B.
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`Chou
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`32. Chou is similarly directed to a vital sign monitoring apparatus that
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`contains a “detecting device” containing sensors that detect physiological signals.
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`Ex. 1005 at ¶¶ 0011, 0012. Chou teaches that the detecting device is attached to the
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`user, and may be in the form of a belt, a patch, or a hanging band. Id. at ¶¶ 0011,
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`0012, 0033, 0035, 0046, 0057, 0066, FIGS. 2A–2F & 4A–4E. Chou also teaches
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`the use of different operation modes with power-consumption settings to extend
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`battery life, such as a sleep mode. Id. at ¶¶ 0024, 0059–0060, 0068, 00740075.
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`C.
`Tan
`Tan teaches a wearable electronic band that includes electromyography
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`(EMG) sensors that sense and decode electrical signals produced by muscular
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`activity as part of a human-computer interface. See e.g., Ex. 1007 at ¶ 0032, FIG.
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`2. Tan teaches the inclusion of sensors, a controller, a connector, and a battery in a
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`band, such as an armband, wristwatch, or headband with sensors integrated into the
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`frame to measure EMG signals. Id. at ¶¶ 0015, 0019, 0031, 0032, 0043, 0063–
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`0066, FIG. 2. Tan teaches a USB connector “or the like” for providing both power
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`for the sensors and a communication pathway. Ex. 1007 at FIG. 4, ¶¶ 0035–0036.
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`33. Tan teaches the importance of conserving battery power and a number
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`of techniques, including varied power modes, to achieve this goal. Id. at ¶¶ 0034,
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`0079, 0092. For example, Tan teaches a control module that may disable one or
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`more sensors or sensor nodes that are not being used (e.g., if they are either
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`irrelevant or redundant). Id. at ¶¶ 0048, 0079, 0092, 0117–0126. If a particular
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`application only uses arm movements, sensors not located on the arms can be
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`automatically shut down or disabled. Id. at ¶ 0126. Tan also teaches a high-power
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`calibration phase during which signals from all sensors are received and processed
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`to determine a subset of sensors to remain enabled, while the rest are powered
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`down, in part, to conserve power. Id. at ¶¶ 0117–0124. This calibration phase may
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`be repeated to reselect active sensors. Id. at ¶ 0122.
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`D.
`Tanaka
`34. Tanaka describes power-conservation techniques that it teaches are
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`broadly applicable to electronic devices using microcomputers, such as notebook
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`PCs mobile communication devices, cordless phones, and CD players. Ex. 1006 at
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`¶¶ 0001–0002, 0016, 0053 and FIG. 4. For example, Tanaka teaches a low-power
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`consumption mode used during shipping that can be cancelled when a user
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`connects the electronic device to a charging circuit. Id. at ¶¶ 0001–0002, 0009,
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`0015; see also id. at Claim 6. This low-power shipping technique preserves battery
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`life while an item is shipped; the mode can later be cancelled and the device
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`switched to a higher power operation mode upon detection that the device is
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`connected to a charging circuit. Id. Tanaka further teaches that low-power modes
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`in which a microcomputer’s clock frequency is modulated were known and
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`describes a low-power mode in which a clock signal is preferably suspended. Id. at
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`¶ 0003.
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`E.
`Yasukawa
`Yasukawa teaches a “wrist-worn portable pulse measuring device” that
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`comprises a sensor unit is to detect a user’s pulse signal. Ex. 1008 at 1:9–11; 7:61–
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`65, 8:37–40; see also 9:66–11:13. The sensor unit may comprise light or pressure
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`based sensors to detect a pulse and an acceleration sensor to determine the pitch of
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`the device. Ex. 1008 at 11:9–13, 13:25–30; see also 9:50–11:6, 19:56–20:6.
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`Yasukawa teaches that a battery supplies power to the sensors. Ex. 1008 at 8:50–
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`54. Yasukawa further teaches a connector that receives supply drive voltage as
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`power, as well as control signals that detect connection of the connector, as well as
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`sensor data. Ex. 1008 at 11:41–57, FIG. 6; see also 6:57–59.
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`
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`35. Yasukawa also teaches a mode switching unit that manages power
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`usage by changing between different modes, which include a pulse measuring
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`mode that activates the sensor unit, and a clock mode, in which sensors are
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`powered down. Ex. 1008 at 7:64–65, 12:39–45, 13:25–30, 16:15–38, 27:30–62,
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`FIGS. 4 & 7. Yasukawa further teaches the use of a voltage detector that detects
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`when a battery is inserted and responds by switching such a power-saving mode to
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`a normal operating mode. Ex. 1008 at 27:30–62, FIG. 7.
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`IX. CERTAIN REFERENCES TEACH OR SUGGEST ALL THE
`CLAIMED FEATURES OF CLAIM 2 THE ’522 PATENT
`36.
`
`In my opinion, the combination of James and Chou teaches all the
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`features recited in claim 2 of the ’522. In my opinion, the combination of Tan and
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`Tanaka teaches or suggests all the features recited in claim 2 of the ’522 patent. In
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`my opinion, the combination of Yasukawa and Tanaka teaches or suggests all the
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`features recited in claim 2 of the ’522 patent.
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`A. Ground 1: The Combination of James and Chou Teaches All the
`Features of Claim 2
`1.
`Claim 2
`37. As described below, the combination of James and Chou teaches the
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`features of claim 2:
`
`’522 patent claim
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`James and Chou
`
`[2A] A band
`comprising:
`
`James is directed to a physiological monitoring system
`comprising an adherent device, such as a patch containing
`physiological sensors, a battery, and processor configured
`to be coupled to a patient. Ex. 1004 at Abstract, ¶¶ 0029–
`0030, 0046–0047, 0057.
`
`Chou teaches a physiological detecting device configured
`as a wearable band, such as a belt for a wrist or arm. Ex.
`1005 at ¶¶ 0012, 0057, FIG. 2A; see also FIG. 4D, 4E.
`Chou teaches that its sensors may be incorporated in a
`variety of form-factors shown in the figures below. Ex.
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`James and Chou
`1005 at ¶¶ 0012, 0046, 0057. It teaches the incorporation
`of sensors in an adherent patch, like James, and further
`teaches that these sensors may be implemented as part of a
`wearable band. Id.. Thus, Chou teaches that its band is a
`data-capable device that may be worn as a strap around an
`arm or other body part and may be a flat encircling strip.
`
`
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`
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`In my opinion, one of ordinary skill in the art would have
`known the components of the patch in James could be
`incorporated into a wearable band, such as in Chou. James
`and Chou are both directed toward the use of a
`physiological detecting device. Further, Chou teaches that
`configuring a physiological signal monitoring device as a
`band was recognized in the art as a simple design choice:
`“it can be implemented into different types, for example, a
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`[2B] a subset of
`sensors
`
`James and Chou
`belt (FIG. 2A), a patch (FIG. 2B) or a han[g]ing band
`(FIG. 2C). . . . [T]he type thereof is not limited, and the
`major principle is not to increase the burden on the user.”
`Ex. 1005 at ¶ 0046. One of ordinary skill in the art would
`have known that modifying the patch devices of James to
`contain the belt design of Chou would provide comfort,
`convenience, and mobility to the user. Ex. 1005 at ¶ 0057.
`Chou teaches this modification, explaining that the patch
`shown in FIG. 2B “can be directly integrated with the belt.
`. . . .” Ex. 1005 at ¶¶ 0046, 0057.
`
`In my opinion, based on this teaching one of ordinary skill
`in the art would have recognized that James’ patch could
`have been integrated with Chou’s band. One skilled in the
`art would have known to make this modification for the
`user’s comfort, convenience, and mobility. Ex. 1005 at ¶
`0057. Modifying James’ device to incorporate Chou’s
`band would be a simple substitution of a patch form for a
`band form to obtain a wearable band having physiological
`sensors.
`
`James teaches a subset of sensors, such as sensors to
`measure “bioimpedance, heart rate, heart rhythm, HRV,
`HRT, heart sounds, respiration rate, respiration rate
`variability, respiratory sounds, Sp02, blood pressure,
`activity, posture, wake/sleep, orthopnea, temperature, heat
`flux, and an accelerometer,” as well as a variety of
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`[2C] a controller
`coupled to the subset
`of sensors;
`
`James and Chou
`“activity sensors,” such as “a ball switch, accelerometer,
`minute ventilation, HR, bioimpedance noise, skin
`temperature/heat flux, BP, muscle noise, posture, and the
`like.” Ex. 1004 at ¶¶ 0029, 0162. James further teaches
`that an energy management device may be configured to
`deactivate selected sensors (i.e., a subset) to reduce
`redundancy and reduce power consumption. Ex. 1004 at ¶
`0035.
`
`James teaches that a “processor 20 is coupled to the
`plurality of sensors.” Ex. 1004 at ¶ 0155. James teaches
`that the processor creates processed patient data using data
`received from a coupled subset of sensors. Ex. 1004 at ¶
`0155.
`
`[2D] an energy
`storage device
`
`James teaches an energy storage device in the form of a
`rechargeable battery. Ex. 1004 at ¶ 0038, 0046, 0060,
`0115, 0183.
`
`[2E] a connector
`configured to receive
`power and control
`signals, the
`connector coupled to
`the energy storage
`device;
`
`James teaches a control unit 126 configured to be powered
`by AC inputs (i.e., receive power) and to establish and
`communicate over a wired communication link (i.e.,
`receive control signals). Ex. 1004 at ¶¶ 0186–0187. James
`also teaches that the control unit and battery may both be
`components of the detecting system 12 (i.e., coupled). Ex.
`1004 at ¶¶ 0032, 0038, 0046, 0183–0186.
`
`In my opinion, one of ordinary skill in the art would have
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`[2F] a power
`manager comprising:
`
`a transitory power
`manager configured
`to manage power
`consumption of the
`band during a first
`power mode in
`which no power is
`applied to the subset
`of sensors; and
`
`James and Chou
`known that power from an AC input and control signals
`from a wired link could have been provided to control unit
`126 by a connector. As a result, one of ordinary skill in the
`art would have known to provide a connector with control
`unit 126 to receive power and control signals to enable the
`control unit 126.
`
`The connector associated with the control unit would be
`coupled to the battery storage device as both the control
`unit and battery may be part of the same system 12. Ex.
`1004 at ¶¶ 0032, 0038, 0046, 0183–0186.
`
`James teaches a power manager that “power[s] down
`certain components . . . between times when these
`components are in use . . .” to “conserve battery power and
`thereby extend the battery life” (Ex. 1004 at ¶ 0183), and
`“deactivat[ing] selected sensors to reduce redundancy and
`reduce power consumption.” Id. at ¶ 0035. In my opinion,
`one of ordinary skill in the art would have understood that
`deactivating selected sensors to reduce redundancy and
`power consumption would have been a mode during
`which no power is applied to selected sensors.
`
`James also teaches a “storage mode” prior to device
`activation. Id. at ¶¶ 0037, 0077–0093, 0153. In my
`opinion, one of ordinary skill in the art would have
`understood, in accordance with James’ teachings, that
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`[2G] a power clock
`controller configured
`to modify a clock
`rate of a clock signal
`for application to the
`controller as a
`function of a mode
`of operation of the
`band
`
`[2H] wherein the
`transitory power
`manager is
`configured further to
`manage the power
`consumption of the
`band during a second
`power mode in
`which power is
`applied to the subset
`of sensors, the
`second power mode
`
`
`
`
`
`James and Chou
`devices in storage mode prior to activation would not
`apply power to their sensors.
`
`In my opinion, one of ordinary skill in the art would have
`known that modifying the clock rate can reduce power
`consumption for electronic devices.
`
`Further, James teaches that an energy management device
`may “modulate a clock speed to optimize energy. . . .” Ex.
`1004 at ¶¶ 0038, 0117, 0143. In my opinion, one of
`ordinary skill in the art would have understood that
`James’s teaching of “modulat[ing] clock speed to optimize
`energy” would dynamically modify the clock rate as a
`function of the varying operation of the band. Id.
`
`As explained above, James teaches a “storage mode” prior
`to device activation and cites various techniques to remove
`the patch device from storage mode as part of its
`activation. Ex. 1004 at ¶¶ 0037, 0077–0093, 0153. James
`teaches that in an activated patch’s operation, power is
`applied to the sensors and power consumption is managed
`by its transitory power manager. Id. at ¶ 0035. This power
`mode is after activation when sensors are operable and
`therefore subsequent to the storage mode (i.e., the first
`power mode).
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`being subsequent to
`the first power mode,
`
`[2I] wherein the
`transitory power
`manager is
`configured to detect
`an application of
`power to the
`connector, and,
`responsive