UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`FUJIFILM Corporation et al.
`
`Petitioners
`
`v.
`
`Papst Licensing GmbH & Co., KG,
`
`Patent Owner
`
`CASE: Unassigned
`Patent No. 8,504,746
`
`DECLARATION OF DR. PAUL F. REYNOLDS, Ph.D.
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`
`Ex. 1001, p. 1 of 71
`
`FUJIFILM Corp., et al.
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`FUJIFILM Corporation et al.
`
`Petitioners
`
`v.
`
`Papst Licensing GmbH & Co., KG,
`
`Patent Owner
`
`CASE: Unassigned
`Patent No. 8,504,746
`
`DECLARATION OF DR. PAUL F. REYNOLDS, Ph.D.
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`
`Ex. 1001, p. 1 of 71
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`FUJIFILM Corp., et al.
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`
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`I, Dr. Paul F. Reynolds, Ph.D., declare as follows:
`
`I.
`
`BACKGROUND AND QUALIFICATIONS
`
`1.
`
`From 1980 until August 2012, I was a Professor of Computer Science
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`at the University of Virginia’s School of Engineering and Applied Science.
`
`2.
`
`I have also served, and in some cases continue to serve, as an expert
`
`consultant on distributed system matters for MITRE, Aerospace Corporation, the
`
`Institute for Defense Analyses, Vanguard Research and currently for the U.S.
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`Army National Ground Intelligence Center.
`
`3.
`
`I have a Bachelor of Arts degree in Psychology from Ohio Northern
`
`University that I obtained in 1970, a Master’s of Science in Computer Science
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`from the University of Texas at Austin, obtained in 1975, and a Doctor of
`
`Philosophy in Computer Science from the University of Texas at Austin, obtained
`
`in 1979. Both my Masters and Ph.D. focused on parallel and distributed systems
`
`and networking topics.
`
`4.
`
`During my time as a Professor, I was awarded over 60 grants, and
`
`conducted research sponsored by DARPA, the National Science Foundation,
`
`DUSA (OR), the National Institute for Science and Technology, the Defense
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`Modeling and Simulation Office, Virginia Center for Innovative Technology and
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`numerous industries.
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`5.
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`I taught many Ph.D. level classes on topics relating to distributed
`
`computing and high performance networking. I have advised, to completion, 65
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`graduate degrees. The majority of my students, including my 16 Ph.D. students,
`
`conducted research in distributed computing and networking. I published on many
`
`of these topics.
`
`6.
`
`Since the mid-1970s, almost half of my research has been in the field
`
`of parallel and distributed systems and networking.
`
`7.
`
`In particular, much of my research in the 1980’s and 1990’s was
`
`focused on efficient time management of distributed simulations. I published
`
`widely on the topic, and was actively involved in the deployment of related
`
`technologies within the Department of Defense (DoD) modeling and simulation
`
`communities.
`
`8.
`
`Specifically, I was one of the originators of the DoD High Level
`
`Architecture for distributed simulations (IEEE standard 1516). I was also an
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`organizer and overseer for the DoD Joint National Test Facility (having a focus on
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`distributed simulation) in Colorado Springs.
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`9.
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`Because of my experience, I was selected to be the program chair for
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`the IEEE Parallel and Distributed Simulation Conference on two different
`
`occasions.
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`10.
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`I am also the co-architect of Isotach Networks, a system which
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`guarantees message delivery order in distributed systems without employing real
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`time clocks and supports very efficient management of consistency in concurrent
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`caches. Isotach Networks was supported by both the National Science Foundation
`
`and the Defense Advanced Research Projects Agency and became subject material
`
`in four of the Ph.D. dissertations I supervised.
`
`11.
`
`Below is a partial list of my publications:
`
` Spiegel, M., Reynolds, P.F., "Lock-Free Multiway Search Trees,"
`ACM/IEEE International Conference on Parallel Processing, Sept,
`2010.
`
` Highley, T.J., Reynolds, P.F., and Vellanki, V. “Marginal Cost-Benefit
`Analysis for Predictive File Prefetching,” ACM Southeast
`Conference, March, 2003
`
` Srinivasa, R., Reynolds, P.F., and Williams, C., “A New Look at
`Time-Stamp Ordering Concurrency Control,” 12th International
`Conference on Database and Expert Systems Applications - DEXA
`2001, Sept, 2001.
`
` Williams, C., Reynolds, P.F., and de Supinski, B.R. “Delta Coherence
`Protocols,” IEEE Concurrency, Spring, 2000.
`
` Srinivasa, R., Reynolds, P.F., and Williams, C. “IsoRule: Parallel
`Execution of Rule-based Systems,” 1999 Int’l Conference on Parallel
`Processing, June 1999.
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` Srinivasan S., and Reynolds, P.F. “Elastic Time,” ACM Trans on
`Modeling and Computer Simulation, 1998.
`
` Srinivasan, S., Lyell, M., Wehrwein, J., Reynolds, P.F., “Fast
`Reductions on a Network of Workstations,” 1997 International
`Conference on High Performance Computing (HiPC97), Bangalore,
`India, Dec 1997.
`
` Williams, C., and Reynolds, P.F. “Isotach Networks,” IEEE
`Transactions on Parallel and Distributed Systems, 1997.
`
` Williams, C., and Reynolds, P.F., "Combining Atomic Actions,"
`Journal of Parallel and Distributed Computing, pp. 152-163, Feb,
`1995.
`
` Srinivasan, S. and Reynolds, P.F., "Non-Interfering GVT Computation
`via Asynchronous Global Reductions," Proceedings of ACM Winter
`Simulation Conference, pp. 740-749, Dec, 1993.
`
` Reynolds, P.F., Pancerella, C., and Srinivasan, S., "Design and
`Performance Analysis of Hardware Support for Parallel Simulation,"
`Journal of Parallel and Distributed Computing, pp. 435-453, Aug,
`1993.
`
` Pancerella, C. and Reynolds, P.F., "Disseminating Critical Target-
`Specific Synchronization Information in Parallel Discrete Event
`Simulations," Proceedings of the 7th Workshop on Parallel and
`Distributed Simulation, pp. 52-59, May, 1993, San Diego, CA.
`
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` Williams, C., and Reynolds, P.F., "Network-Based Coordination of
`Asynchronously Executing Processes with Caches," Workshop on
`Fine-Grain Massively Parallel Coordination, 4 pages, May, 1993, San
`Diego, CA.
`
` Reynolds, P.F., Pancerella, C. and Srinivasan, S. "Making Parallel
`Simulations Go Fast," Proceedings of the 1992 ACM Winter
`Simulation Conference, pp. 646-656, Dec, 1992.]
`
` Reynolds, P.F., "An Efficient Framework for Parallel Simulation,"
`International Journal on Computer Simulation, 2, 4, pp. 427-445
`(1992).
`
` Nicol, D.M., and Reynolds, P.F., "Optimal Dynamic Remapping of
`Parallel Computations," IEEE Transactions on Computer Systems, pp.
`206-219 (Feb, 1990).
`
` Reynolds, P.F., "Heterogeneous Distributed Simulation," Proceedings
`of the 1988 ACM Winter Simulation Conference, pp. 206-209, Dec,
`1988, San Diego, CA.
`
` Reynolds, P.F., "A Spectrum of Options for Parallel Simulation,"
`Proceedings of the 1988 ACM Winter Simulation Conference, pp.
`325-332, Dec, 1988, San Diego, CA.
`
` Carson, S.D. and Reynolds, P.F., "The Geometry of Semaphore
`Programs," ACM Transactions on Programming Languages and
`Systems, 9, 1, pp. 25-53 (Jan, 1987).
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` O’Hallaron, D.R. and Reynolds, P.F., "A Generalized Deadlock
`Predicate," Information Processing Letters, pp. 181-188 (Nov, 1986).
`
` Nicol, D.M., and Reynolds, P.F., "An Optimal Repartitioning Decision
`Policy," Proceedings of The ACM Winter Simulation Conference, pp.
`493-497, Nov, 1985, San Francisco, CA.
`
` Nicol, D.M. and Reynolds, P.F., "A Statistical Approach to Dynamic
`Partitioning," Proceedings of the SCS Winter Multi-Conference, pp.
`53-56, Jan 24-26, 1985, San Diego, CA.
`
` Reynolds, P.F., "A Shared Resource Algorithm for Distributed
`Simulation," Proceedings of The 9th International Symposium on
`Computer Architecture, pp. 259-266, April, 1982, Austin, TX.
`
` Chandy, K.M., and Reynolds, P.F., "Scheduling Partially Ordered
`Tasks with Probabilistic Execution Times," Proceedings of Fifth
`SIGOPS, pp. 169-177, March, 1975, Austin, TX.
`
`12.
`
`A copy of my curriculum vitae, which describes in further detail my
`
`qualifications, responsibilities, employment history, honors, awards, professional
`
`associations, invited presentations, and publications is attached Exhibit 1002.
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`13.
`
`I have reviewed United States Patent No. 8,504,7461 (“the ’746
`
`patent”) to Michael L. Tasler as well as the applications referenced in the section
`
`of the ’746 patent entitled “Related U.S. Application Data.” I have also reviewed
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`the publications cited in the footnotes of this declaration and referenced in the inter
`
`partes review petition submitted herewith.
`
`For my efforts in connection with the preparation of this declaration I have been
`
`compensated at my standard hourly rate of $425/hour. My compensation is in no
`
`way contingent on the results of these or any other proceedings relating to the
`
`above-captioned patent.
`
`II.
`
`INFORMATION PROVIDED TO ME
`
`14.
`
`In proceedings before the USPTO, I understand that the claims of an
`
`unexpired patent are to be given their broadest reasonable interpretation in view of
`
`the specification from the perspective of one skilled in the field. I have been
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`informed that the ’746 patent has not expired. In comparing the claims of the ’746
`
`patent to the known prior art, I have carefully considered the ’746 patent, and the
`
`’746 patent’s file history using my experience and knowledge in the relevant field.
`
`1 Michael L. Tasler, “Analog Data Generating and Processing Device for Use With
`
`a Personal Computer” U.S. Patent No. 8,504,746, filed September 27, 2010,
`
`claiming priority to a continuation application filed June 14, 1999. (Ex. 1003)
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`15.
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`I am informed that the ’746 patent was filed on September 27, 2010,
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`but that it claims to be related to a chain of applications going back to a German
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`application alleged to have been filed March 4, 1997. I am informed that this
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`German application does not contain all of the disclosure of the ’746 patent.
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`Nevertheless, for purposes of this declaration only, I have assumed a priority date
`
`of March 4, 1997 in determining whether a reference constitutes prior art.
`
`16.
`
`I understand that a claim is invalid if its subject matter is anticipated
`
`or obvious. I further understand that anticipation of a claim requires that every
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`element of a claim be disclosed expressly or inherently in a single prior art
`
`reference, in combination, as claimed.
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`17.
`
`I further understand that obviousness of a claim requires that the claim
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`be obvious from the perspective of a person having ordinary skill in the relevant art
`
`at the time the alleged invention was made. I further understand that a patent claim
`
`can be found unpatentable as obvious where the differences between the subject
`
`matter sought to be patented and the prior art are such that the subject matter as a
`
`whole would have been obvious at the time the invention was made to a person
`
`having ordinary skill in the relevant field. I understand that an obviousness
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`analysis involves a consideration of (1) the scope and content of the prior art, (2)
`
`the differences between the claimed invention and the prior art, and (3) the level of
`
`ordinary skill in the pertinent field.
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`18.
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`I further understand that certain factors may support or rebut the
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`obviousness of a claim. I understand that such secondary considerations include,
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`among other things, commercial success of the patented invention, skepticism of
`
`those having ordinary skill in the art at the time of invention, unexpected results of
`
`the invention, any long-felt but unsolved need in the art that was satisfied by the
`
`alleged invention, the failure of others to make the alleged invention, praise of the
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`alleged invention by those having ordinary skill in the art, and copying of the
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`alleged invention by others in the field. I understand that there must be a nexus—a
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`connection—between any such secondary considerations and the alleged invention.
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`I also understand that contemporaneous and independent invention by others is a
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`secondary consideration tending to show obviousness.
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`19.
`
`I further understand that a claim is obvious if it unites old elements
`
`with no change to their respective functions, or alters prior art by mere substitution
`
`of one element for another known in the field and that combination yields
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`predictable results. While it may be helpful to identify a reason for this
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`combination, common sense should guide and no rigid requirement of finding a
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`teaching, suggestion or motivation to combine is required. When a product is
`
`available, design incentives and other market forces can prompt variations of it,
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`either in the same field or different one. If a person having ordinary skill in the
`
`relevant art can implement a predictable variation, obviousness likely bars its
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`patentability. For the same reason, if a technique has been used to improve one
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`device and a person having ordinary skill in the art would recognize that it would
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`improve similar devices in the same way, using the technique is obvious. I
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`understand that a claim may be obvious if common sense directs one to combine
`
`multiple prior art references or add missing features to reproduce the alleged
`
`invention recited in the claims.
`
`20.
`
`I have been asked to consider U.S. Patent 5,785,081 by Haluk Aytac
`
`(“Aytac” or “the ’081 patent”) and a technical specification published in 1994, the
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`American National Standard for Information Systems, Small Computer System
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`Interface-2, ANSI X3.131-1994 (1994) (“SCSI Specification”). Ex. 1005. I have
`
`also been asked to consider whether the techniques and procedures discussed in the
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`’081 patent, in view of the SCSI Specification, read on each limitation of
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`independent claims 1, 31 and 34 and dependent claims 6, 15, 17, and 18 (the
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`“Challenged Claims”) of the ’746 Patent. My conclusion is that the Challenged
`
`Claims of U.S. Patent No. 8,504,746 are invalid as obvious over Aytac’s ’081
`
`patent and the SCSI Specification.
`
`III. THE ’746 PATENT
`
`21.
`
`The ’746 patent generally relates to interface devices for transfer of
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`data between a data transmitter (a.k.a. “analog source” or “analog signal
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`acquisition channel”) and a host (a.k.a. “host computer” or “host device”) (Ex.
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`1003, at 1:20-24).
`
`22.
`
`Tasler’s ’746 patent presents “randomly chosen” exemplars (Ex.
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`1003, at 1:63) in support of his statement that “Existing data acquisition systems
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`for computers are very limited in their areas of application.” (Ex. 1003, at 1:28-
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`30). His first example describes interface devices that “generally require very
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`sophisticated drivers which are prone to malfunction.” (Ex. 1003, at 1:35-37). No
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`concrete examples are offered in support his statement regarding “prone to
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`malfunction.”
`
`23.
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`A second example presents a diagnostic radiology system that is
`
`reporting a fault. A responding service technician with a laptop is characterized as
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`needing “fast data transfer and rapid data analysis.” (Ex. 1003, at 1:45-51) A third
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`example involves a multimeter as an input source, and a need “for the interface
`
`device to support a high data transfer rate.” (Ex. 1003, at 1:56-62)
`
`24.
`
`From these examples Tasler concludes that: 1) “an interface may be
`
`put to totally different uses”; 2) it should “be sufficiently flexible to permit
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`attachment of very different electrical or electronic systems to a host device by
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`means of the interface”; and 3) “a universal method of operating the interface be
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`provided for a large number of applications.” (Ex. 1003, at 1:64-2:5)
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`25.
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`Tasler finds disadvantage in interface devices that must be installed
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`inside a host computer: “such types of interface have the disadvantage that they
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`must be installed inside the computer casing to achieve maximum data transfer
`
`rates.” (Ex. 1003, at 2:15-18)
`
`26.
`
`Tasler discusses PCMCIA (Personal Computer Memory Card
`
`Association) interface technology, which was extant at the priority date of the
`
`patent. He states that PCMCIA is “A solution to this problem” regarding the need
`
`to install an interface device inside a computer’s casing. The PCMCIA interface
`
`allowed “interface devices [to be] connected by means of a plug-in card”. (Ex.
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`1003, at 2:25-28) One type of PCMCIA card provided a special printer interface to
`
`a host computer by converting the PCMCIA interface to an established parallel
`
`standard interface (IEEE 1284). Tasler goes on to say about the PCMCIA
`
`technology:
`
`The known interface device generally consists of a driver
`component, a digital signal processor, a buffer and a hardware
`module which terminates in a connector to which the device whose
`data is to be acquired is attached. The driver component is attached
`directly to the enhanced printer interface thus permitting the known
`interface device to establish a connection between a computer and
`the device whose data is to be acquired.
`(Ex. 1003, at 2:34-41).
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`27.
`
`About PCMCIA, Tasler states “an interface-specific driver must be
`
`installed on the host device…” (Ex. 1003, at 2:42-45). Tasler goes on to state: “if
`
`the driver is a general driver which is as flexible as possible and which can be used
`
`on many host devices, compromises must be accepted with regard to the data
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`transfer rate.” (Ex. 1003, at 2:49-52). No substantiation is offered regarding the
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`claimed compromises.
`
`28.
`
`Tasler addresses the potential conflict for resources that may occur
`
`among tasks, including those that support data acquisition. He states that
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`competing tasks may “result in a system crash.” (Ex. 1003, at 2:53-67). Tasler’s
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`discussion of competing tasks is not associated with any particular host, operating
`
`system, driver technology or interface device technology.
`
`29.
`
`Tasler discusses an interface device that connects to a bus. The
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`interface device can communicate with multiple peripheral devices. Control logic
`
`in the interface device is implemented using finite states machines, one for each
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`peripheral. Tasler states “This known interface device provides optimal matching
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`between a host device and a specific peripheral device.” (Ex. 1003, at 3:1-9)
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`30.
`
`Finally, Tasler discusses an interface device that communicates with
`
`its host via its floppy drive interface, and permits attachment of a peripheral
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`device. Tasler notes there is “no information as to how communication should be
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`possible if the interface is connected to a multipurpose interface instead of to a
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`floppy disk drive controller.” (Ex. 1003, at 3:10-25)
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`31.
`
`The purported object of the ’746 patent interface device is to “provide
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`an interface device...whose use is host device-independent and which delivers a
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`high data transfer rate.” (Ex. 1003, at 3:28-31). The interface device is meant to
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`“simulate[s], both in terms of hardware and software, the way in which a
`
`conventional input/output device functions, preferably that of a hard disk.” (Ex.
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`1003, at 4:17-20). I have read the following CAFC statement (as stated by the
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`Court of Appeals for the Federal Circuit in a decision relating to the construction
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`of claim terms in two related patents (U.S. Patent Nos. 6,895,449 and 6,470,399))
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`regarding host and device communications. My opinion is consistent with this
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`CAFC statement:
`
`The patents describe an interface device intended to overcome those
`limitations. It is common ground between the parties that, when a
`host computer detects that a new device has been connected to it, a
`normal course of action is this: the host asks the new device what
`type of device it is; the connected device responds; the host
`determines whether it already possesses drivers for (instructions for
`communicating with) the identified type of device; and if it does not,
`the host must obtain device-specific drivers (from somewhere) before
`it can engage in the full intended communication with the new device.
`In the patents at issue, when the interface device of the invention is
`connected to a host, it responds to the host’s request for
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`identification by stating that it is a type of device, such as a hard
`drive, for which the host system already has a working driver. By
`answering in that manner, the interface device induces the host to
`treat it—and, indirectly, data devices on the other side of the
`interface device, no matter what type of devices they are—like the
`device that is already familiar to the host. Thereafter, when the host
`communicates with the interface device to request data from or
`control the operation of the data device, the host translates the
`communications into a form understandable by the connected data
`device.
`Ex. 1011, at 4-5 (emphasis added).
`
`32.
`
`The ’746 patent describes an interface device capable of delivering the
`
`output of a data transmit/receive device to a host computer in a customary form on
`
`a multipurpose interface. The interface device can be viewed as a multi-step
`
`device that: 1) receives data from an analog source (Ex. 1003, at independent
`
`claims 1, 31, 34), 2) buffers digitized analog data in an internal memory (Ex. 1003,
`
`at independent claims 1, 31, 34), and then 3) delivers the buffered data to a host,
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`presenting itself as a customary device via a multi-purpose interface, e.g., a hard
`
`drive, via a SCSI interface in the preferred embodiment (Ex. 1003, at 3:49-56).
`
`33.
`
`The ’746 Patent describes that the interface device contains a
`
`processor, which may be a digital signal processor (DSP), as well as memory, such
`
`as data storage memory and a program memory. (Ex. 1003, at Claims 1, 31, 34).
`
`In the ’746 patent’s preferred embodiment in the form of a SCSI interface device,
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`upon receiving an INQUIRY from the host, the interface device responds to the
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`host, indicating that it is communicating with an i/o device. (Ex. 1003, at Abstract,
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`4:5-13). Also, the interface device represents itself to the host as a customary i/o
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`device. (Ex. 1003, at 4:13-17). In this preferred embodiment the interface device
`
`manages “virtual files” (Ex. 1003, at 5:11-14) in support of simulating a
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`conventional input/output device, “preferably as a virtual hard disk…” (Ex. 1003,
`
`at 10:33-36)
`
`34.
`
`Communication between the interface device and the host computer
`
`takes place using a program in the host present in commercially available computer
`
`systems. The ’746 Patent admits that “usual BIOS routines . . . issue an
`
`instruction, known by those skilled in the art as an INQUIRY instruction.” (Ex.
`
`1003, at 5:14-27). In one embodiment of the ’746 patent as a SCSI interface
`
`device, communications between the host device and its multi-purpose interface
`
`are described as follows:
`
`communication between the host device and the multi-purpose
`interface can take place not only via drivers for input/output device
`customary in a host device which reside in the BIOS system of the
`host device but also via specific interface drivers which, in the case of
`SCSI
`interfaces, are known as multi-purpose
`interface ASPI
`(advanced SCSI programming interface) drivers.
`(Ex. 1003, at 10:14-20).
`
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`35.
`
`The ’746 patent states about the ASPI driver: “this multi-purpose
`
`interface driver has the task of moving precisely specified SCSI commands from
`
`the host program to the host system SCSI adapter.” (Ex. 1003, at 10:24-27).
`
`36.
`
`The ’746 patent uses configuration files in order to provide
`
`instructions concerning operations a user may wish to perform on data from an
`
`analog input. For example, users can provide configuration files to the interface
`
`device that specify how long a measurement from the analog input is to last. (Ex.
`
`1003, at 6:11-15). “[T]he user can also create a configuration file, whose entries
`
`automatically set and control various functions” on the interface device. (Ex. 1003,
`
`at 6:42-45). “These settings can be, for example, gain, multiplex or sampling rate
`
`setting.” (Ex. 1003, at 6:46-47). Thus, the interface device requires a user to
`
`provide a configuration file specifying his/her measurements to capture data from
`
`the data device.
`
`A.
`
`Automatic Recognition Process (ARP) and Identification
`Information
`
`37.
`
`The Tasler ’746 patent introduces the concept of an “automatic
`
`recognition process” in independent claims 1, 31 and 34. In each of these claims,
`
`sending of “at least one parameter” “indicative of the class of devices” or
`
`“identifying the analog data acquisition device as a digital [mass storage] device”
`
`from the interface device to the host is presented as part of an automatic
`
`recognition process. A parameter “indicative of the class of devices” or
`
`-18-
`
`Ex. 1001, p. 18 of 71
`
`FUJIFILM Corp., et al.
`
`
`
`“identifying the analog data acquisition device as a digital [mass storage] device”
`
`is not defined in the ’746 patent specification. Acquisition of device identification
`
`information over a SCSI interface is discussed in paragraphs 46-55, infra.
`
`B.
`
`File System Information
`
`38.
`
`The Tasler ’746 patent references the sending of “acquired analog
`
`data file system information” from the analog data acquisition device to a host in
`
`dependent claim 17 (dependent from claim 1). Dependent claim 18 (dependent
`
`from claim 17) further requires the “file system information” to include “an
`
`indication of a file system type that is used to store the digitized analog data.”
`
`Tasler’s use of “file system information” is independent of the operating system
`
`used on the interface device as explained next. Tasler’s characterization of file
`
`system information as including “the drive type, the starting position and the length
`
`of the file allocation table (FAT), the number of sectors, etc., known to those
`
`skilled in the art” (Ex. 1003, at 5:38-44) is largely specific to Microsoft FAT-based
`
`file systems. One skilled in the art would understand that file system information
`
`returned by a UNIX operating system for example, would not typically return FAT
`
`information, but would return sufficient information for a host to determine the
`
`same critical file system information that can be learned from file system
`
`information representing a Microsoft FAT-based file system. The contents of “file
`
`system information” are needed to enable determination of critical information
`
`-19-
`
`Ex. 1001, p. 19 of 71
`
`FUJIFILM Corp., et al.
`
`
`
`such as the type of file system in use, the number of sectors on the disk drive, and
`
`the location and extent of the file directory, among others.
`
`IV. THE LEVEL OF ORDINARY SKILL IN THE ART
`
`39.
`
`I have been advised that there are multiple factors relevant to
`
`determining the level of ordinary skill in the pertinent art, including the educational
`
`level of active workers in the field at the time of the invention, the sophistication of
`
`the technology, the type of problems encountered in the art, and the prior art
`
`solutions to those problems. I have been informed that the level of skill in the art
`
`is evidenced by the prior art references. The prior art discussed herein
`
`demonstrates that a person of ordinary skill in the field, at the relevant time (1996-
`
`1998) would have had at least a four-year degree from a reputable university in
`
`electrical engineering, computer science, or related field of study, or equivalent
`
`experience, and at least two years’ experience in studying or developing computer
`
`interfaces or peripherals. In my opinion, a person of ordinary skill would also be
`
`familiar with operating systems (e.g., MS-DOS, Windows, Unix) and their
`
`associated file systems (e.g., a FAT file system), device drivers for computer
`
`components and peripherals (e.g., mass storage device drivers), and
`
`communication interfaces (e.g., SCSI and PCMCIA interfaces).
`
`40.
`
`Based on my experience I have an understanding of the capabilities of
`
`a person of ordinary skill in the relevant field. I have supervised and directed
`
`-20-
`
`Ex. 1001, p. 20 of 71
`
`FUJIFILM Corp., et al.
`
`
`
`many such persons over the course of my career. Further, I had those capabilities
`
`myself at the priority date of the ’746 Patent.
`
`V.
`
`THE PRIOR ART
`
`A.
`
`Aytac ’081 Patent
`
`41.
`
`Aytac’s ’081 patent describes an interface device, called a “CaTbox”
`
`or a “separate embedded computer”, which separates handling of communications
`
`functions from a host (a.k.a. “PC”) and places that handling in the interface device
`
`(Ex. 1004, 4:8-14). The Aytac patent discloses various uses and capabilities of the
`
`CaTbox device. Of particular importance to my opinion is the use of CaTbox as an
`
`interface between analog peripheral devices and a host PC wherein CaTbox
`
`appears to the host PC as a hard disk. In this role, Aytac’s device functions the
`
`same as, and accomplishes the same goals as, the alleged invention described and
`
`claimed in the ’746 patent.
`
`-21-
`
`Ex. 1001, p. 21 of 71
`
`FUJIFILM Corp., et al.
`
`
`
`42.
`
`In its preferred embodiment shown above, the CaTbox (102)
`
`communicates with the host (101) using a SCSI interface (113). (“[T]he link
`
`between the pair is a SCSI cable.” (Ex. 1004, 7:61-62)). The CaTbox interface
`
`device communicates with peripheral devices by way of their own interfaces (e.g.,
`
`a SCSI interface). According to Figure 1 in the ’081 patent, the CaTbox interface
`
`device can be separately connected to analog peripheral devices such as a
`
`microphone, a speaker, a receiver, a handset, a telephone network (connecting
`
`remote telephones and faxes), a printer or a scanner, while communicating by way
`
`of a SCSI interface with the host computer on behalf of these devices. Modems in
`
`the CaTbox, which convert analog signals to digital representations and vice versa,
`
`-22-
`
`Ex. 1001, p. 22 of 71
`
`FUJIFILM Corp., et al.
`
`
`
`would be connected to, for example, fax, voice or data lines (Ex. 1004, 6:12-15).
`
`Aytac describes the use of ASPI drivers (ASPIDISK.SYS and ASPI2DOS.SYS,
`
`(Ex. 1004, Figure 5)) for use in conjunction with the SCSI interface on the host.
`
`43.
`
`In its preferred embodiment, the CaTbox embedded computer
`
`includes a SCSI protocol chip (interface controller) (202), a BIOS EPROM (222),
`
`an I/O chip (204), an ISA bus (290), random access memory (RAM) (203), an X86
`
`microprocessor (201), a hard disk (IDE 205), and one or more modems. (Ex. 1004,
`
`Figure 1, Figure 2). This is illustrated in the Figure below:
`
`44.
`
`The CaTbox hard disk (“CaTdisc”) is made accessible to a host across
`
`the SCSI interface, and appears as a SCSI disk drive to the host (Ex. 1004,
`
`ABSTRACT) after completing an initial recognition (“handshaking”) process.
`
`-23-
`
`Ex. 1001, p. 23 of 71
`
`FUJIFILM Corp., et al.
`
`
`
`Under this configuration, CaTdisc can be used for buffering data in files that can
`
`be transferred either unidirectionally or bidirectionally between the host and the
`
`CaTdisc, e.g., file writes to the CaTdisc occur during print spooling (Ex. 1004,
`
`ABSTRACT) and file reads can occur when faxes are read from the CaTdisc by
`
`the host (Ex. 1004, 11:25-27). Similarly, bidirectional file transfers can occur
`
`between the CaTdisc and peripherals (e.g. sending a spooled file to a printer (Ex.
`
`1004, ABSTRACT); buffering an incoming fax from a fax peripheral device in a
`
`file (Ex. 1004, 11:25-27)). A scanner can scan a document and a digitized file of
`
`the scan data stored on CaTdisc (Ex. 1004, 10:8-13).
`
`45.
`
`The CaTbox discloses both sending faxes and receiving faxes by a
`
`host, in both cases while communicating with the CaTbox CaTdisc and/or fax
`
`software and related modems and telephone lines connected to the CaTbox (Ex.
`
`1004, 11:25-27) (Ex. 1004, 8:1-6). Because the CaTbox both sends and receives
`
`faxes, it discloses interacting with devices that both transmit and receive (“data
`
`transmit/receive devices”).
`
`B.
`
`A SCSI and SCSI Disk Drive Discussion
`
`46.
`
`SCSI (Small Computer System Interface) is a standard for attaching a
`
`range of peripheral device types to computers, and communicating with them,
`
`independent of the manufacturer of the computer, or the operating systems running
`
`on it. SCSI is designed to be multipurpose: to both support a variety of devices
`
`-24-
`
`Ex. 1001, p. 24 of 71
`
`FUJIFILM Corp., et al.
`
`
`
`a
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