throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Dumas, et al.
`In re Patent of:
`9,057,210 Attorney Docket No.: 42746-0006IP1
`U.S. Patent No.:
`June 16, 2015
`
`Issue Date:
`Appl. Serial No.: 13/734,671
`
`Filing Date:
`January 4, 2013
`
`Title:
`WIRELESS ACCESS CONTROL SYSTEM AND
`RELATED METHODS
`
`
`
`
`DECLARATION OF DR. RICHARD T. MIHRAN
`
`I.
`
`BACKGROUND AND QUALIFICATIONS
`
`1. My name is Dr. Richard T. Mihran. I am a Professor Adjunct in the
`
`Department of Electrical, Computer and Energy Engineering at the University of
`
`Colorado at Boulder, where I have been on the faculty since 1990. I teach a wide
`
`variety of classes at the undergraduate and graduate level covering general
`
`electrical and computer engineering theory and practice, including circuit theory,
`
`microelectronics communications, signal processing, and medical devices and
`
`systems. Many of these classes incorporate lecture and laboratory components that
`
`include both hardware and software design. My curriculum vitae is submitted on
`
`the record as Exhibit ASSA-1025.
`
`2.
`
`I have taught many classes at the undergraduate and graduate level
`
`covering analog and digital signal processing; radio-frequency identification
`
`devices; miniaturized devices incorporating embedded systems; and optics and
`
`optical electronics. I further regularly teach a course covering microelectronics
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`
`ASSA 1004
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`and semiconductor devices, including Bipolar Junction Transistors (BJT) and
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`Metal Oxide Semiconductor Field Effect Transistor (MOSFET) devices, including
`
`transistor configurations utilized in digital logic circuits, processors, and
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`semiconductor memory, such as various types of RAM, ROM and flash memory,
`
`and data storage and data transfers using these types of memories.
`
`3. Many of these courses cover subject matter directly relevant to
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`wireless communication devices and access control systems employing, for
`
`example, Radio Frequency Identification (RFID) and Near Field Communication
`
`(NFC) technologies, including principles of inductive, electromagnetic, and
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`electrostatic coupling and energy transfer, carrier modulation and demodulation
`
`techniques, and methods on data encoding. These courses further include
`
`components and concepts directly relevant to electronic devices and systems and
`
`their interfaces with other devices, including communications networks, general
`
`principles of wired and wireless RF communications, and data signal modulation
`
`and encoding in a variety of applications.
`
`4.
`
`I have also performed research and development in academic and
`
`industrial settings pertaining to electronic, optical and ultrasonic devices and
`
`systems for a variety of applications, including both hardware and software
`
`development, for over 30 years. As part of my faculty role at the University of
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`Colorado, I participate in the supervision of doctoral research performed by
`
`graduate students as part of obtaining their doctoral degrees.
`
`5. With respect to the subject matter of the patent addressed in this
`
`Declaration, wireless access control systems are generally implemented using
`
`microprocessor-based designs along with supporting control and communication
`
`circuitry. I have been involved in the design and analysis of microprocessor-based
`
`devices and systems since approximately 1979, utilizing commercial
`
`microprocessors manufactured by Intel, Motorola, Zilog and Microchip, among
`
`others. Research projects I have directed involving such microprocessor-based
`
`systems include the development of RFID readers and transponders, spread-
`
`spectrum RF data telemetry devices, embedded system radar signal processing
`
`devices, biosensor and immunoassay devices, and microprocessor-controlled drug
`
`infusion devices. Many of these research projects have involved the development
`
`and/or analysis of communications transceiver devices utilized in systems for
`
`acquiring, processing, storing and retrieving data, as well as computational
`
`algorithms and analytical techniques implemented in both software and firmware
`
`on a variety of computing platforms, including embedded microprocessor systems
`
`and personal computers (PCs).
`
`6.
`
`I have consulted extensively in the area of RFID systems, devices and
`
`networks used in wireless access control and other applications, for over twenty
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`years, including various forms of wireless devices using both near-field and far-
`
`field wireless communication technologies, including those having frequencies of
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`operation of 125 kHz, 13.56 MHz, 800-900 MHz, and microwave frequencies.
`
`7.
`
`I am an inventor on three issued U.S. patents and one Canadian patent
`
`associated with some of these activities, two involving computer-based Doppler
`
`radar signal processing and data analysis, and two involving data telemetry
`
`utilizing spread spectrum wireless links and database analysis systems for
`
`agricultural management.
`
`8.
`
`Since obtaining my Ph.D. in 1990, I have actively consulted in
`
`industry in many areas of technology development, analysis and assessment,
`
`directed to both product development and analysis of intellectual property
`
`portfolios, patent infringement and validity. The fields of technology in which I
`
`have consulted and/or served as a technical expert include, but are not limited to,
`
`wireless smart card and Radio Frequency Identification systems; wired and
`
`wireless networking devices and systems; spread-spectrum data telemetry devices
`
`and systems; computer storage and data systems; and wireless telecommunications
`
`and networks.
`
`9.
`
`I received a B.S. in Electrical Engineering and Applied Physics from
`
`Case Western Reserve University, Cleveland, Ohio in 1982. I further received an
`
`M.S. in Electrical and Computer Engineering and a Ph.D. in Electrical Engineering
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`from the University of Colorado at Boulder in 1988 and 1990, respectively. My
`
`professional and educational background, as well as a listing of other matters on
`
`which I have provided consulting and/or provided testimony as a technical expert,
`
`are detailed in my curriculum vitae.
`
`II. MATERIALS CONSIDERED
`
`10.
`
`In writing this Declaration, I have considered my own knowledge and
`
`experience, including my relevant work, industry and academic experience detailed
`
`above. I have also considered and analyzed the publications and materials listed
`
`below. While I refer to various supporting materials throughout this Declaration,
`
`all of the analysis and opinions I express below are primarily based on my own
`
`knowledge and experience in view of the ’210 Patent and the prior art references
`
`set forth in Exs. 1005-1010.
`
` U.S. Pat. No. 9,057,210, its accompanying prosecution history, and the
`
`supporting Provisional Appl. No. 61/453,737 (“the ’210 Patent”, Exs.
`
`ASSA-1001, ASSA-1002, ASSA-1003);
`
` U.S. Pat. Pub. No. 2010/0075656 (“Howarter”, ASSA-Ex. 1005);
`
` U.S. Pat. Pub. No. 2003/0008675 (“Willats”, ASSA-Ex. 1006);
`
` U.S. Pat. Pub. No. 2010/0171642 (“Hassan”, ASSA-Ex. 1007);
`
` U.S. Pat. No. 6,034,617 (“Luebke”, ASSA-Ex. 1008);
`
` U.S. Pat. Pub. No. 2002/0099945 (“McLintock”, ASSA-Ex. 1009);
`
`5
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`

`
` U.S. Pat. Pub. No. 2011/0181387 (“Popelard”, ASSA-Ex. 1010);
`
` Webopedia Computer Dictionary, What is clock speed?, https://web.
`
`archive.org/web/20080105061159/http://www.webopedia.com/TERM/C
`
`/clock_speed.html (archived via Wayback Machine Internet Archive
`
`January 5, 2008, retrieved February 23, 2016) (ASSA-Ex. 1011);
`
` Excerpt From Embedded Systems: Architecture, Programming and
`
`Design, Raj Kamal, p.18 (Tata McGraw-Hill Publishing Co. Ltd. 12th
`
`reprint 2007) (2003) (ASSA-Ex. 1012);
`
` Excerpt from Embedded Systems: Architecture, Programming and
`
`Design, Raj Kamal, p.109 (Tata McGraw-Hill Publishing Co. Ltd. 12th
`
`reprint 2007) (2003) (ASSA-Ex. 1013);
`
` U.S. Patent Publication No. 2010/0148921 to Bliding, et al. (“Bliding”,
`
`ASSA-Ex. 1014);
`
` Intel, Research In Motion Collaborate on Next Generation BlackBerry
`
`Devices, https://web.archive.org/web/20070322153255/http://
`
`www.intel.com/pressroom/archive/releases/20050927corp_a.htm
`
`(archived via Wayback Machine Internet Archive March 22, 2007,
`
`retrieved February 23, 2016) (ASSA-Ex. 1015);
`
` BlackBerry Curve 8300 Review, http://www.brighthand.com/
`
`phonereview/blackberry-curve-8300-review/, (archived via Wayback
`
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`

`
`Machine Internet Archive June 26, 2007, retrieved February 25, 2016)
`
`(ASSA-Ex. 1016);
`
` ARM and Intel Battle over the Mobile Chip’s Future, Technology News,
`
`Brad Smith, IEEE Computer Society, May 2008, at 15-18 (ASSA-Ex.
`
`1017);
`
` U.S. Patent No. 8,907,768 to Faith, et al. (“Faith”, ASSA-Ex. 1018);
`
` U.S. Patent Publication No. 2005/0242923 to Pearson, et al. (“Pearson”,
`
`ASSA-Ex. 1019);
`
` U.S. Provisional Application No. 61/424,501 to Talty, et al. (“Talty”,
`
`ASSA-Ex. 1020);
`
` U.S. Patent No. 6,236,333 to King (“King”, ASSA-Ex. 1021);
`
` U.S. Patent Publication No. 2006/0145811 to Nantz, et al. (“Nantz”,
`
`ASSA-Ex. 1022);
`
` U.S. Patent Publication No. 2009/0284345 to Ghabra, et al. (“Ghabra”,
`
`ASSA-Ex. 1023); and
`
` U.S. Patent Publication No. 2010/0043524 to Takata (“Takata”, ASSA-
`
`Ex. 1024).
`
`11.
`
`I have been engaged in the present matter to provide my independent
`
`analysis of the issues raised in the petition for inter partes review of the ’210
`
`Patent. I received no compensation for this Declaration beyond my normal hourly
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`compensation based on my time actually spent working on the matter, and my
`
`compensation does not depend on the outcome of this inter partes review of the
`
`’210 Patent.
`
`III. PERSON OF ORDINARY SKILL IN THE ART
`
`12.
`
`I have studied the disclosures of the ’210 Patent, and I have carefully
`
`reviewed the other prior art references cited above which I have relied on in
`
`forming the opinions set forth in this declaration. I have been advised by counsel
`
`that I should consider these materials through the lens of one of ordinary skill in
`
`the art related to the ’210 Patent at the time of the claimed invention, and that for
`
`the purposes of this analysis, I should consider 2011 as the date of the alleged
`
`invention. I note that in many cases the same analysis would hold true even at an
`
`earlier time, and the analysis would apply in every case at a later time. I believe
`
`that a person having ordinary skill in the art of the ’210 Patent (“POSITA”) would
`
`have had a Bachelor’s Degree (or higher degree) in an academic area emphasizing
`
`electrical engineering, computer engineering, or computer science and having two
`
`or more years of experience in wireless communication and networking systems.
`
`Additional education in a relevant field, such as electrical engineering, computer
`
`science, computer engineering, or industry experience may compensate for a
`
`deficit in one of the other aspects of the requirements stated above. I base my
`
`evaluation of a person of ordinary skill in this art on my own personal experience,
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`including my knowledge of colleagues and related professionals at the time of
`
`interest.
`
`13.
`
`In 2011, I would have possessed the level of skill required by the
`
`above definition, and I am in a position to opine on the understanding of a person
`
`of ordinary skill in the art as of that date.
`
`IV. BURDEN OF PROOF
`
`14.
`
`I have been informed that in an inter partes review, the petitioner is
`
`burdened with proving a proposition of unpatentability by a “preponderance of the
`
`evidence.” I understand that this evidentiary standard requires the petitioner to
`
`demonstrate that the challenged claims are unpatentable based on the greater
`
`weight of the evidence presented.
`
`V. CLAIM CONSTRUCTION
`
`15.
`
`I understand that, for the purposes of my analysis in this matter, the
`
`claims of the ’210 Patent must be given their broadest reasonable interpretation
`
`consistent with the specification. Stated another way, it is contemplated that the
`
`claims are understood by their broadest reasonable interpretation except where
`
`expressly defined in the specification. I also understand that this “broadest
`
`reasonable interpretation” is with respect to how one of ordinary skill in the art
`
`would interpret the claim language, and I have followed these principles in my
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`analysis. In a few instances, I have discussed my understanding of the claims in the
`
`relevant paragraphs below.
`
`VI. SYSTEM COMPONENTS FACILITATING A DISTANCE
`DETERMINATION BETWEEN THE REMOTE USER ACCESS
`DEVICE AND THE LOCK ARE “PROXIMITY DETETORS”
`
`16. The specification of the ’210 Patent discloses a “proximity detector 27
`
`for detecting the presence of a user,” which may take the form of a capacitance
`
`touch sensor, a button, a near field detector, a radio frequency signal strength
`
`detector, an audio switch, etc. See Ex. ASSA-1001 at 4:13-21 and 11:45-57. The
`
`implementation of proximity sensors such as these in wireless access control
`
`systems were known to those of ordinary skill in the art prior to the claimed
`
`invention. Notably, the disclosure found in Howarter provided nearly the same
`
`teaching in 2010, identifying many of these same components as being suitable for
`
`proximity detection in his wireless access control system.
`
`17. As I will discuss in detail below, Howarter describes a vehicle system
`
`200 including control logic 206 operable to determine the distance between a
`
`vehicle (e.g., vehicle 106 of Figure 1) and a cell phone 214 carried by a user (e.g.,
`
`user 102 of Figure 1). See, e.g., Ex. ASSA-1005 at [0032], [0033] and [0036].
`
`This relative distance determination therefore expressly discloses the detection of
`
`proximity. In this regard, I note that Howarter uses the term “proximity”
`
`repeatedly to reference the determined distance between the vehicle and cell phone.
`
`10
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`

`
`See, e.g., Ex. ASSA-1005 at [0056], [0059], and [0065]. Howarter discloses that
`
`one suitable technique for detecting proximity of the user-carried cell phone with
`
`respect to the vehicle is monitoring the signal strength of wireless communications
`
`between them. See, e.g., Ex. ASSA-1005 at [0021], [0032], [0044], [0050], and
`
`claim 11. Other disclosed methods include the use of “global positioning” or
`
`“GPS” information from the cell phone and “wireless triangulation,” in addition to
`
`the signal-strength technique referenced above. See, e.g., Ex. ASSA-1005 at [0032]
`
`and [0050]. Howarter further explains that “user interaction” with the vehicle itself
`
`can be monitored via sensors that are responsive to the user’s touch or voice. See,
`
`e.g., Ex. ASSA-1005 at [0036] and [0057]. Sensors which detect the presence of
`
`the user in physical contact with the vehicle (e.g., via touch) or in/near the vehicle
`
`(e.g., via audio detection) represent additional proximity detection techniques
`
`disclosed in this reference. Thus, Howarter teaches that a proximity to the vehicle
`
`of a user carrying a cell phone can be detected by the control logic 206 in
`
`conjunction with a signal transceiver (e.g., transceiver 212) and/or one or more
`
`user-interaction devices on the vehicle that accept feedback from the user.
`
`VII. THE MEANING OF THE CLAIM TERM “COMMUNICATION
`RATE” AT LEAST INCLUDES HOW FREQUENTLY
`COMMUNICATION EVENTS OCCUR
`
`18. The term “communication rate” as recited in certain claims of the
`
`’210 patent would simply mean how frequently communication events occur. In
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`general terms, the ’210 patent discloses that the lock 11 will periodically activate
`
`its transmitter or receiver to search for the approach or presence of a remote access
`
`device 15, and will do so at a relatively low frequency rate to save power. See,
`
`e.g., Ex. ASSA-1001 at 2:59 to 3:2 and 4:22-27. Examples of communication
`
`events include when the lock 11 is “sending or sampling signals,” and thus
`
`includes both transmission and reception activities. See Ex. ASSA-1001 at 4:35-40
`
`(“[T]he lock 11 may be advertising or listening (sending or sampling signals) at a
`
`low frequency rate in order to conserve battery power yet establish a
`
`communication link with the remote access device 15 in advance of a users [sic]
`
`touch.”).
`
`19. With respect to the “sending or sampling signals” representing
`
`communication events, the ’210 Patent informs that the “[t]he lock 11 is typically
`
`in a low power mode; searching for authorized remote access device 15’, for
`
`example a Smartphone, at a lower frequency to conserve battery power.” Ex.
`
`ASSA-1001 at 5:53-56 (emphasis added). The ’210 Patent further discloses that
`
`“when a user triggers the proximity detector 27 . . . the lock 11 begins to listen for
`
`remote access devices 15 . . . system 10 powers up and controller [21] increases its
`
`12
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`broadcast and listening rate.” 1 Ex. ASSA-1001 at 5:52-63. Thus, a lower
`
`frequency of “sending or sampling signals” by the lock 11 is provided prior to the
`
`detection of the presence of a user, followed by an increase in these signaling
`
`events to a higher frequency in response to such detection.
`
`20. As a whole, these descriptions from the specification of the ’210
`
`patent teach that the communication rate can be selectively varied by increasing or
`
`decreasing the rate or “frequency” of communication events, which may include
`
`either transmission or receiving events. For at least these reasons, it is my opinion
`
`that the meaning of the claim term “communication rate” at least includes how
`
`frequently communication events occur.
`
`VIII. HOWARTER INHERENTLY DISCLOSES A “CLOCK,” OR
`THE ADDITION OF A “CLOCK” WOULD HAVE BEEN A
`ROUTINE, YET ESSENTIAL, UPGRADE TO HOWARTER’S
`VEHICLE SYSTEM
`
`21. Howarter describes a vehicle system 200 including a processor 202, a
`
`memory 204, a control logic 206, a user interface 208, a scanner 210, and a
`
`
`
`1The reference to “controller 2” at column 5, line 62 of the ’210 Patent
`
`appears to be a typographical error, and should instead read “controller 21.”
`
`Controller 21 is the lock controller shown in Figure 1, and is the controller which
`
`manages the wireless communication circuitry 22 of lock 11.
`
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`transceiver 212. See Ex. ASSA-1005 at [0027]. As I will discuss in detail below,
`
`a person of ordinary skill in the art would understand that one or more of the
`
`processor 202, memory 204 and control logic 206 comprises a “lock controller.”
`
`The purpose of this “lock controller” is to facilitate the various aspects of access
`
`control functionality taught throughout the Howarter reference. It is my opinion
`
`that a “clock” coupled to the “lock controller” would have been necessary in 2008
`
`(the filing date of Howarter) to operate the controller in the manner described in
`
`the reference, and is thus inherently disclosed.
`
`22. First, a person of ordinary skill in the art would understand the term
`
`“clock” to include both timing circuits to control the sequential execution of digital
`
`data operations, as well as a real time clock that keeps track of time of day, for
`
`example. Thus, the digital processor 202, memory 204, and control logic 206
`
`would each necessarily require a clock signal to control their sequence of
`
`operation, including operations such as data retrieval, transfer, and instruction code
`
`execution. See, e.g., Ex. ASSA-1011 at p.1 (“Every computer contains an internal
`
`clock that regulates the rate at which instructions are executed and synchronizes all
`
`the various computer components. The CPU requires a fixed number of clock
`
`ticks (or clock cycles) to execute each instructions.”) (“A timer circuit suitably
`
`configured is the system-clock, also called real-time clock (RTC).”), Ex. ASSA-
`
`1012 at p. 1 (“After the power supply, the clock is the next most important unit of a
`
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`system. . . The clock controls the various clocking requirements of the CPU, of the
`
`system timers and the CPU machine cycles. . . A timer circuit suitably configured
`
`is the system-clock, also called real-time clock (RTC).”), Ex. ASSA-1013 at p. 1
`
`(“Can we think of even a simple system like a TV remote controller or a washing
`
`machine without a timer device? No. Exactly same is the answer for embedded
`
`systems.”), and Ex. ASSA-1014 at [0052] (“The lock device 140 of the present
`
`embodiment further includes a real-time clock 304 capable of providing the CPU
`
`313 [with] an accurate value of the current time.”); see also Ex. ASSA-1006 at
`
`[0022], ASSA-1009 at Figure 2, and Ex. ASSA-1008 at 2:30-38. Moreover,
`
`Howarter expressly describes a variety of time-based functions (see Ex. ASSA-
`
`1005 at [0036] and [0060]) that the person of ordinarily skill in the art in 2008
`
`would have understood to necessarily require a clock (that is, some device
`
`configured to track time). See id.
`
`23. Regardless of whether a clock would have been a necessary
`
`component, it would certainly have been a routine, yet essential, upgrade to
`
`Howarter’s vehicle system 200 from the perspective of the ordinarily skill person
`
`in 2011 (the alleged time of the invention). Indeed, such a person would have
`
`immediately recognized that the time-based functionality taught by Howarter
`
`would be most effectively implemented by integrating a device configured to track
`
`time. See, e.g., Ex. ASSA-1006 at [0022] (“In order to determine the time elapsed
`
`15
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`
`since the last detection of a response device, a time logging device such as an in-
`
`built quartz timer and counter (not shown) are advantageously incorporated into
`
`the controller 14.”), ASSA-1009 at Figure 2, and Ex. ASSA-1008 at 2:30-38 (“[A]
`
`keyless motor vehicle control system 10 comprises . . . a control circuit 14 located
`
`in the motor vehicle. The control circuit 14 includes a controller 16 . . . A
`
`conventional clock circuit 22 supplies timing pulses to the controller 16.”); see also
`
`Ex. ASSA-1011 at p.1, Ex. ASSA-1012 at p. 1 Ex. ASSA-1013 at p. 1., and Ex.
`
`ASSA-1014 at [0052]. Further, modern digital logic systems all employ internal
`
`digital clocks in order to activate programmable logic. Id.
`
`IX. HOWARTER
`
`24. Howarter describes systems and methods for unlocking a vehicle with
`
`a cell phone. See Ex. ASSA-1005 at [0003]; see also e.g., Abstract, [0003]-[0005],
`
`[0014], and claim 1. Thus, Howarter teaches a “wireless access control system”
`
`for a door, with the cell phone functioning as a “user access device.” In its
`
`simplest form, Howarter’s technique is implemented by: (1) monitoring wireless
`
`signals from a cell phone; (2) receiving wireless signals from the cell phone; (3)
`
`determining a distance between the cell phone and the vehicle; and (4) unlocking
`
`the doors of the vehicle when the distance determination indicates that the cell
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`phone is nearing the vehicle. See Ex. ASSA-1005 at [0003]. Howarter goes on to
`
`explain that various aspects of the vehicle system can be controlled passively based
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`on the location and direction of travel of the user carrying the cell phone, actively
`
`based on user selections through the cell phone, or in a hybrid manner utilizing
`
`both passive determinations and active user selections. See Ex. ASSA-1005 at
`
`[0014] and [0026].
`
`25. Howarter’s Figure 1 illustrates a wireless environment 100 including a
`
`user 102 holding a cell phone 104 at a remote location from a vehicle 106. See Ex.
`
`ASSA-1005 at [0015]. The cell phone 104 and the vehicle 106 are configured to
`
`wirelessly communicate with one another utilizing one or more of a variety of
`
`transmission signals, protocols, or standards. See Ex. ASSA-1005 at [0016]. In
`
`particular, Howarter notes that Bluetooth®, WiFiTM, TDMA, CDMA, GSM,
`
`WiMAX, and analog signals can be used. See Ex. ASSA-1005 at [0016]. The cell
`
`phone 104 and the vehicle 106 are provided with appropriate hardware, software,
`
`and firmware to facilitate such communications. See Ex. ASSA-1005 at [0018].
`
`In certain applications, the cell phone 104 and the vehicle 106 may each be
`
`registered with unique identifiers (e.g., the vehicle identification number, user
`
`account number, user name, password, etc.) to enable secure wireless
`
`communications between them. See Ex. ASSA-1005 at [0020]. Howarter
`
`additionally describes an embodiment where the system of vehicle 106 includes a
`
`global positioning system (GPS) that is capable of determining its own location,
`
`and is further capable of receiving location information transmitted from the cell
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`phone 104 (i.e., “global positioning measurements”) to determine the relative
`
`position and direction of travel of the cell phone and an associated user. See Ex.
`
`ASSA-1005 at [0019], [0020], [0032] and [0044]. Where the cell phone 104 and
`
`the vehicle 106 communicate using direct, short range wireless signals, e.g., via
`
`Bluetooth, the communication system of the vehicle 106 is configured to
`
`automatically poll for a wireless signal from the cell phone. See Ex. ASSA-1005
`
`at [0020]. A person of ordinary skill in the art would understand this to mean that
`
`the vehicle system will, on an automated basis, periodically open up a wireless
`
`communication channel to determine whether a wireless signal from the cell phone
`
`is being transmitted. Notably, Howarter teaches that the cell phone 104 is just one
`
`example of many different wireless communication devices that can be used to
`
`implement the disclosed techniques (e.g., PDAs, smartphones (such as a
`
`Blackberry®), laptops, and other processing components may also be used). See
`
`Ex. ASSA-1005 at [0016]. Howarter further notes that in simple prior art
`
`applications, the wireless communication device might typically take the form of
`
`“an electronic key fob.” See Ex. ASSA-1005 at [0002].
`
`26. According to Howarter, the vehicle 106 is also capable of determining
`
`whether the user 102 carrying the cell phone 104 is nearing or becoming further
`
`separated from the vehicle 106 based on information other than, or in addition to,
`
`GPS data. See Ex. ASSA-1005 at [0021]. For example, the vehicle 106 may
`
`18
`
`

`
`determine the distance between the user 102 and the vehicle 106 based on the
`
`signal strength of communications with the cell phone 104. See Ex. ASSA-1005 at
`
`[0021] and [0032]. In this technique, Howarter describes a signal strength scale
`
`that can be mapped to pre-set distance determinations or calibrations. See Ex.
`
`ASSA-1005 at [0021]. Howarter also notes that the vehicle 106 can include a
`
`scanner, e.g. an RFID scanner, designed to read information from the cell phone
`
`104 at a specified distance from the vehicle 106. See Ex. ASSA-1005 at [0026]
`
`and [0037]. Thus, the proximity of the user 102 carrying the cell phone 104
`
`relative to the vehicle 106 can be inferred by operation of the scanner. Howarter
`
`further discloses that the distance between the cell phone and the vehicle system
`
`may be determined using information obtained from or generated by either or both
`
`the vehicle and cell phone devices. See Ex. ASSA-1005 at [0033].
`
`27. Howarter’s vehicle 106 includes a centralized system designed to
`
`control various vehicle sub-systems in response to determining that the user 102
`
`carrying the cell phone 104 is at or within a predetermined distance from the
`
`vehicle 106. See Ex. ASSA-1005 at [0021]. For example, the vehicle 106 may be
`
`configured to automatically unlock the doors, reconfigure the seats, etc., in order to
`
`prepare the vehicle for the user 102. See Ex. ASSA-1005 at [0021]. The vehicle
`
`106 may take different actions at different distance thresholds and/or take different
`
`actions based on communications with the cell phones of different users. See Ex.
`
`19
`
`

`
`ASSA-1005 at [0021] and [0022]. In addition to various automatic or “passive”
`
`actions, the vehicle 106 may also prepare to receive any additional user selections
`
`from the cell phone 104 by entering an “active listening mode,” in response to
`
`detecting communications from the cell phone 104. See Ex. ASSA-1005 at [0023].
`
`While in the active listening mode, the vehicle 106 is configured to receive user
`
`input (e.g., a command that controls various vehicle systems and features) through
`
`the cell phone 104. See Ex. ASSA-1005 at [0023].
`
`28. The cell phone 104 includes various interactive elements for receiving
`
`user input – e.g., buttons, switches, scroll wheels, soft keys, hard keys, portions of
`
`a touch screen, etc. See Ex. ASSA-1005 at [0024]. Notably, Howarter specifically
`
`describes an implementation where the cell phone 104 includes accelerometers for
`
`sensing a “tactile response” of the user 102 tapping the cell phone 104. See Ex.
`
`ASSA-1005 at [0024]. For example, the user 102 may tap the cell phone 104
`
`twice, and the accelerometers will detect the tactile response and generate a signal
`
`command for the vehicle 106 to unlock its doors. See Ex. ASSA-1005 at [0024].
`
`29. Howarter’s Figure 2 provides a block diagram of a vehicle system 200
`
`and a cell phone 214. The vehicle system 200 is the computing and
`
`communications element of the vehicle 106, and includes a processor 202, a
`
`memory 204, a control logic 206, a user interface 208, a scanner 210, and a
`
`transceiver 212. See Ex. ASSA-1005 at [0027]. These and other associated
`
`20
`
`

`
`components of the vehicle system 200 constitute a “lock assembly,” because they
`
`function in concert to lock and unlock the passenger doors and trunk of the vehicle
`
`(as well as performing other related tasks to prepare the vehicle for its user). See
`
`Ex. ASSA-1005 at [0002], [0019] and [0022]. Howarter teaches that one or more
`
`of these devices can be physically or functionally integrated into a single
`
`component. See Ex. ASSA-1005 at [0029] and [0038].
`
`30. The processor 202 is circuitry and logic enabled to control execution
`
`of a set of instructions, and may be provided as a microprocessor, digital signal
`
`processor, CPU, etc. See Ex. ASSA-1005 at [0028]. As described above, these
`
`components necessarily require a clock to enable their normal operations, such as
`
`fetching and executing instructions or other code or data directing their operation.
`
`The memory 204 is a hardware element, device, or recording media capable of
`
`storing data. See Ex. ASSA-1005 at [0029]. The control logic 206 includes
`
`appropriate hardware and software settings to implement the functionality
`
`disclosed throughout the Howarter reference. See Ex. ASSA-1005 at [0030] and
`
`[0032]. The person of ordinary skill in the art would refer to one or more of the
`
`processor 202, memory 204 and control logic 206 as a functionally integrated
`
`“controller” of the “lock assembly.”
`
`31. The scanner 210 is configured to read information, data, and signals
`
`from the cell phone 214. See Ex. ASSA-1005 at [0037]. For example, the scanner
`
`21
`
`

`
`210 may be designed to read an RFID tag embedded in the cell phone 214 when a
`
`user raises the cell phone 214 in front of the scanner 210. See Ex. ASSA-1005 at
`
`[0037]. According to Howarter, the transceiver 212 is a device suitable for
`
`communicating with the cell phone 214. See Ex. ASSA-1005 at [0038]. Both the
`
`scanner 210 and the transceiver 212 facilitate wireless communications with the
`
`cell phone 214, and therefore could be called “wireless communications circuitry.”
`
`Further, the RFID scanner represents an additional proximity detection method, as
`
`those of ordinary skill in the art understand that the operational range of RFID
`
`scanners or readers is typically less than 1 meter, and commonly may be limited to
`
`several centimeters or less. (“For example, the user may raise the cell phone 214
`
`in front of the scanner, which may be imbedded or integrated into the driver’s side
`
`door.” See Ex. ASSA-1005 at [0037], emphasis added.)
`
`32. The cell phone 214 would include many similar components as that of
`
`the vehicle system 200. Indeed, the cell phone described by Howarter functions
`
`identically to a “smartphone,” receiving input from the user and wirelessly
`
`communicating commands to the vehicle based on the user input. As would be
`
`expected of any cell phone, the cell phone 104 as depicted in Figure 1 includes
`
`buttons for user input, a display for displaying text or numbers, and an antenna
`
`associated with its wireless communication circuitry. The functional capabilities
`
`of the cell phone 214 described by Howarter dictate that at least the most basic
`
`22
`
`

`
`components listed above (e.g., the processor, memory, control logic, and
`
`transceiver) must be p

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