throbber
IPR2017-00216
`U.S. Patent No. 8,013,732
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`EMERSON ELECTRIC CO,
`Petitioner
`
`
`v.
`
`
`SIPCO, LLC,
`Patent Owner
`
`
`
`Case IPR2017-00216
`U.S. Patent 8,013,732
`
`
`
`
`__________________
`
`
`SIPCO, LLC’S PATENT OWNER RESPONSE PURSUANT TO 37
`C.F.R. § 42.107(a)
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`i
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`TABLE OF CONTENTS
`
`I. INTRODUCTION .......................................................................................................................1
`
`II. TECHNOLOGY BACKGROUND ...........................................................................................6
`
`A.
`
`B.
`
`Conventional Control and Monitoring Systems ............................................................6
`
`The ’732 Patent: Mr. Thomas D. Petite and Richard M. Huff Invent A New
`Type Of Distributed System For Remote Monitoring and Control. ..............................9
`
`III. SUMMARY OF THE PROPOSED GROUNDS FOR REVIEW ..........................................13
`
`IV. CLAIM CONSTRUCTION ...................................................................................................14
`
`A.
`
`B.
`
`Sensor (claims 1 and 2). ...............................................................................................15
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`Actuator (claims 1, 2, 4, and 5). ...................................................................................16
`
`V. THE PRIOR ART ....................................................................................................................20
`
`A.
`
`B.
`
`Kahn (Ex. 1002) ...........................................................................................................20
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`Cunningham (Ex. 1014) ...............................................................................................22
`
`VI. THE PETITIONER CANNOT PREVAIL ON ANY OBVIOUSNESS GROUND
`AGAINST ANY CHALLENGED CLAIM OF THE ’732 PATENT ...................................23
`
`A.
`
`The Claim Limitations Of A System Comprising A Gateway That Is
`Configured To Receive and Translate Select Information, Identification
`Information Of A Nearby Transceiver, and Identification Information Of
`Retransmitting Transceivers And To Transmit The Translated Information To
`A Computer Over A Wan Of Independent Claim 1 Would Have Been Taught
`Or Suggested By The Prior Art ....................................................................................24
`
`1.
`
`2.
`
`3.
`
`Kahn’s Pickup Packets Are Not Transmitted From The PRNET To The
`ARPANET Via The Gateway ................................................................................28
`
`Kahn’s Measurement File Does Not Contain The Identifiers Of The
`Retransmitting Transceiver Or The Nearby Transceiver For The Packets
`That Are Received At The Station. ........................................................................30
`
`Even If Kahn’s Measurement File Were Modified To Include The Select
`Information And The Identifiers Of The Retransmitting Transceiver And
`The Nearby Transceiver, It Would Still Not Satisfy Claim 1 Because
`These Three Data Items Would Not Be Translated As Required By Claim
`1..............................................................................................................................34
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`4.
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`5.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`The Secondary References Do Not Compensate For Kahn’s Deficiencies ...........36
`
`Petitioner’s Position Is Based On Mere Attorney Argument.................................39
`
`The Claim Limitations Of A System Comprising A Transceiver That Is
`Configured To Wirelessly Retransmit Select Information, Identification
`Information Of A Nearby Transceiver, and Its Own Identification Information
`Of Independent Claim 1 Would Not Have Been Taught Or Suggested By The
`Prior Art .......................................................................................................................41
`
`The Claim Limitation Of “a plurality of transceivers dispersed geographically
`at defined locations, each transceiver electrically interfaced with a sensor,” As
`Recited in Independent Claim 1 Would Not Have Been Taught Or Suggested
`By The Prior Art ..........................................................................................................46
`
`The Claim Limitation Of “at least one of said plurality of transceivers is also
`electrically interfaced with an actuator to control an actuated device,” As
`Recited in Claim 1 Would Not Have Been Taught Or Suggested By The Prior
`Art. ...............................................................................................................................53
`
`The Claim Limitation That “the control of the actuation device by the actuator
`corresponds to a sensed condition detected by the sensor electrically
`interfaced to the at least one of said plurality of transceivers also electrically
`interfaced with the actuator,” As Recited in Claim 2 Would Not Have Been
`Taught Or Suggested By The Prior Art. ......................................................................55
`
`The Petitioner Failed To Show That It Would Have Been Obvious To Modify
`Kahn With The Secondary References To Achieve A System Having A
`Plurality of Transceivers and A Gateway That Are Both Configured To
`Receive Select Information, Identification Information Of A Nearby
`Transceiver, and Identification Information Of Retransmitting Transceivers
`And A Gateway That Is Further Configured to Translate This Information
`And Transmit The Translated Information To A Computer Over A Wan As
`Required By All The Challenged Claims ....................................................................57
`
`G.
`
`The Petitioner Failed To Set Forth A Proper Obviousness Analysis ...........................71
`
`VII. THE IPR PROCEEDINGS ARE UNCONSTITUTIONAL. .........................................74
`
`VIII.
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`CONCLUSION ............................................................................................................75
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`
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`CASES
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`TABLE OF AUTHORITIES
`
`Graham v. John Deere Co.,
`383 U.S. 1, 148 USPQ 459 (1966) ................................................. 23, 71, 72
`
`KSR Int’l Co. v. Teleflex Inc.,
`550 U.S. 398 (2007) ................................................................................ 71
`
`OSRAM Sylvania, Inc. v. Am Induction Techs., Inc.,
`701 F.3d 698, 706 (Fed. Cir. 2012). ................................................. 6, 23, 71
`
`
`
`OTHER AUTHORITIES
`
`Epistar, et al. v. Trustees Of Boston University,
` IPR2013-00298, Paper No. 18 (P.T.A.B. November 15, 2103) ........ 6, 70, 71
`
`Liberty Mutual v. Progressive Casualty,
`CMB-2012-00003, Paper No. 7 (P.T.A.B. Oct. 25, 2012) .......................... 72
`
`Liberty Mutual v. Progressive Casualty,
`CMB-2012-00003, Paper No. 8 (P.T.A.B. Oct. 25, 2012) .......................... 73
`
`MPEP § 2143 ............................................................................................. 23
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`Exhibits
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`Declaration of Dr. Gregory J. Gonsalves
`Web page at: http://www.uspto.gov/kids/Petite.html, containing a
`Collectible Card issued by the U.S. Patent Office to Mr. David Petite
`for his contributions as a Native American inventor.
`Resolution from the Georgia State Senate honoring Mr. David Petite
`as a Native American inventor
`Opening remarks acknowledging Mr. David Petite as a Native
`American inventor, made at the Native American Intellectual
`Property Enterprise Council Reception by the Director of the USPTO
`at that time, David Kappos.
`Letter from the USPTO director Michelle Lee acknowledging David
`Petite for helping to train patent examiners.
`application data sheet submitted with the ‘732 patent
`Specification of the application corresponding to the '732 patent
`Response to Office Action
`filing receipt
`bibliographic data sheet
`Petition Decision, January 20, 2017
`wikipedia channel communications
`American Heritage College Dictionary, Third Edition, Houghton
`Mifflin Company, 1993, p. 14.
`Declaration of Dr. Ameroth
`Curriculum Vitae of Dr. Almeroth
`Transcript of Deposition of Dr. Heppe, August 9, 2017
`K. Ramachandran, E. Belding, K. Almeroth, and M. Buddhikot,
`“Interference-Aware Channel Assignment in Multi-Radio Wireless
`Mesh Networks,” IEEE Infocom, Barcelona, SPAIN, April 2006.
`B. Greeves, “SCADA Uses Radio to Bridge the Gap,” Sensor
`Review, vol. 14, no. 2, pp. 31-34, 1994.
`Bristol Babcock Network 3000 Communications Users Guide
`O. Gurewitz, V. Mancuso, J. Shi, and E. Knightly, “Measurement
`and Modeling of the Origins of Starvation in Congestion Controlled
`Mesh Networks,” IEEE/ACM Transactions on Networking, vol. 17,
`num. 6, Pgs. 1832-1845, December 2009.
`Open Bristol System Interface Utilities Manual
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`v
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`2001
`2002
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`2003
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`2004
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`2005
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`2006
`2007
`2008
`2009
`2010
`2011
`2012
`2013
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`2014
`2015
`2016
`2017
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`2018
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`2019
`2020
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`2021
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`

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`2022
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`
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`A. Flowers and S. Zeadally, “Cyberwar: The What, When, Why,
`and How,” IEEE Technology and Society Magazine, vol. 3, num. 3,
`Pgs. 14-21, Fall 2014.
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`
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`I. INTRODUCTION
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` The principal inventor of U.S. Patent No. 8,013,732 (“the ’732 patent”),
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`Thomas David Petite, is a Native American who has been honored extensively
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`for his inventions and his contributions to technology.1 The United States
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`Patent & Trademark Office (USPTO) issued a Collectible Card for Mr. Petite
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`to honor him for his contributions as a Native American inventor.2 Mr. Petite
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`was honored as a Native American inventor at the Native American
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`Intellectual Property Enterprise Council Reception by the Director of the
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`USPTO at that time, Mr. David Kappos.3 The USPTO director Michelle Lee
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`issued a letter to Mr. Petite acknowledging him for helping to train patent
`
`examiners.4 The Georgia State Senate issued a resolution honoring Mr. David
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`Petite as a Native American inventor.5
`
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`1 Exhibit 2001, ¶¶ 3-6.
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`2 Exhibit 2002.
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`3 Exhibit 2004.
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`4 Exhibit 2005.
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`5 Exhibit 2003.
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`1
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`The Petitioner did not show by a preponderance of the evidence that any
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`of the challenged claims would have been obvious for two separate and
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`independent sets of reasons. First, several claim limitations would not have
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`been taught by the prior art. For example, the claim limitation of a transceiver
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`“configured to wirelessly retransmit in the predetermined signal type the select
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`information, the identification information associated with the nearby wireless
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`transceiver, and transceiver identification information associated with the
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`transceiver making retransmission” would not have been taught by the prior
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`art, including Kahn.
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`In addition, the claim limitation of “at least one gateway connected to
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`the wide area network configured to receive and translate the select
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`information, the identification information associated with the nearby wireless
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`transceiver, and transceiver identification information associated with one or
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`more retransmitting transceivers, said gateway further configured to further
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`transmit the translated information to the computer over the WAN,” would
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`not have been taught by the prior art. Rather, data received at a station in
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`Kahn’s PRNET is stored in a measurement file and that file – not the items
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`recited in the claim limitation -- is transmitted to the ARPANET. For
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`example, there is no teaching that Kahn’s pickup packets are transmitted
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`outside of the PRNET. Moreover, there is no teaching in Kahn that the
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`U.S. Patent No. 8,013,732
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`measurement file within the PRNET would need to be translated before
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`transmission to the ARPANET. Similarly, data is processed and accumulated
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`in Cunningham’s data collection module and that accumulated data – not the
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`items recited in the claim limitation -- is transmitted outside the network.
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`Exhibit 1014, Cunningham, cols. 16-20.
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`Further, the claim limitation of a “transceiver electrically interfaced with
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`a sensor,” would not have been taught by the prior art. Kahn instead teaches
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`only the transmission of information about the PRNET itself and is not
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`intended to accommodate extra hardware and software to interface with a
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`sensor or actuator. Moreover, the claim limitation “wherein the control of the
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`actuation device by the actuator corresponds to a sensed condition detected by
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`the sensor electrically interfaced to the at least one of said plurality of
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`transceivers also electrically interfaced with an actuator to control an actuated
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`device,” would not have been taught by the prior art. None of the prior art
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`would have taught a transceiver electrically interfaced to both a sensor and an
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`actuator such that the actuator is controlled according to a sensed condition
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`from the sensor. Sensors and actuators are not even mentioned in Kahn. The
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`thermostat in Cunningham is adjusted based on the results of analysis
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`performed at a remote server (e.g., utility prices), not a condition sensed by a
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`U.S. Patent No. 8,013,732
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`sensor that is electrically interfaced to the same transceiver as the actuator, as
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`required by the claim limitation. Exhibit 1014, col. 46, l. 62 – col. 47, l. 10.
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`Second, the Petitioner did not present any objective evidence as to why
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`one of ordinary skill in the art would have modified Kahn (the principle
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`reference relied upon by Petitioner) with the secondary prior art to achieve the
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`claimed system of the ‘732 patent with a reasonable expectation of success.6
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`Indeed, the Board has already ruled in IPR2015-01973 that a person of
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`ordinary skill in the art would not have been motivated -- without the benefit of
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`hindsight using the ‘732 patent – “to modify Kahn’s network to connect the
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`sensors and actuators of the APA.” (IPR2015-01973, Final Written Decision,
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`Paper No. 25, pp. 12-13 (“Petitioner has failed to prove by a preponderance of
`
`the evidence that claims 13, 14, 16-21, and 23-35 of the ‘732 patent are
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`unpatentable”)). The Board also recognized that “[t]he Federal Circuit,
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`however, has noted that ‘[o]ften the inventive contribution lies in defining the
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`problem in a new revelatory way. In other words, when someone is presented
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`with the identical problem and told to make the patented invention, it often
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`becomes virtually certain that the artisan will succeed in making the
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`6 See id.
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`4
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`invention.’” Id. at p. 8, quoting Mintz v. Dietz & Watson, Inc., 679 F.3d 1372,
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`1377 (Fed. Cir. 2012).
`
`That is, it was Mr. David Petite -- the Native American who has been
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`honored extensively for his contributions to wireless mesh technology -- who
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`recognized the problems and shortcomings of the prior art in applying control
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`system technology to distributed systems. (Exhibit 1001, ‘732 patent, col. 2, ll.
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`34-46 (“[a] problem with expanding the use of control systems technology to
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`distributed systems are the costs associated with the sensor-actuator
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`infrastructure … expense associated with developing and installing appropriate
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`sensors and actuators … the added expense of connecting functional sensors
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`and controllers with the local controller … the installation and operational
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`expense associated with the local controller.”). It was Mr. David Petite who
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`after recognizing the problems in this revelatory way, invented the system for
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`remote data collection, assembly, storage, event detection and reporting and
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`control that is recited in the claims of the ‘732 patent. Petitioner’s attempt to
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`cancel the claims based on hindsight is both improper and disrespectful to Mr.
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`Petite.
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`That is, the Petitioner did not show that a “skilled artisan would have
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`been motivated to combine the teachings of the prior art references to achieve
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`the claimed invention, and that the skilled artisan would have had a reasonable
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`expectation of success in doing so.”7 The Board has consistently declined to
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`cancel claims in IPR proceedings when the Petition fails to identify any
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`objective evidence such as experimental data, tending to establish that two
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`different structures can be combined.8 Here, the Petitioner did not set forth
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`any such objective evidence.9
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`For these reasons as explained more fully below, the Petitioner failed to
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`demonstrate by a preponderance of the evidence that any of the challenged
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`claims of the ‘732 patent are obvious.
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`II. TECHNOLOGY BACKGROUND
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`A. Conventional Control and Monitoring Systems
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`“[C]ontrol systems utilize computers to process system inputs, model
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`system responses, and control actuators to implement process corrections
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`7 OSRAM Sylvania, Inc. v. Am Induction Techs., Inc., 701 F.3d 698, 706 (Fed. Cir.
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`2012).
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`8 Epistar, et al. v. Trustees Of Boston University, IPR2013-00298, Decision Not To
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`Institute, Paper No. 18 (P.T.A.B. November 15, 2103).
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`9 See e.g., Petition, pp. 20-54.
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`6
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`within the system.”10 Types of control and monitoring systems include
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`“aperiodic or random, periodic, and real-time.”11 “Aperiodic monitoring
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`systems (those that do not operate on a predetermined cycle) are inherently
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`inefficient as they require a service technician to physically traverse an area to
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`record data, repair out of order equipment, add inventory to a vending
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`machine, and the like.”12 Periodic control systems include “meter monitoring,
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`recording, and client billing.”13 Utility providers cut expenses by “increasing
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`the period at which manual monitoring and meter data recording was
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`performed.”14 Nonetheless, “the utility provider retained the costs associated
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`with less frequent meter readings and the processing costs associated with
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`reconciling consumer accounts.”15 Exemplary real time control systems
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`include “[h]eating, ventilation, and air-conditioning systems, fire reporting and
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`10 Exhibit 1001, col. 1:59-61.
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`11 Id. at col. 2:1-2.
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`12 Id. at col. 2:5-9.
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`13 Id. at col. 2:12-13.
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`14 Id. at col. 2:17-18.
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`15 Id. at col. 2:22-25.
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`damage control systems, alarm systems, and access control systems.”16 Real
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`time control systems present the most challenging problems because they
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`“require immediate feedback and control.”17
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`Typically, control and monitoring systems were implemented in remote,
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`distributed environments by installing “a local network of hard-wired sensors
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`and actuators along with a local controller.”18 Problems associated with this
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`typical approach included “the costs associated with the sensor-actuator
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`infrastructure required to monitor and control functions within such
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`systems.”19 Additional problems included the “added expense of connecting
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`functional sensors and controllers with the local controller. Another
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`prohibitive cost associated with applying control systems technology to
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`distributed systems is the installation and operational expense associated with
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`the local controller.”20
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`16 Id. at col. 2:27-29.
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`17 Id. at col. 2:30-31.
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`18 Id. at col. 2:38-40.
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`19 Id. at col. 2:35-37.
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`20 Id. at col. 2:42-46.
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`Accordingly, there existed a need to overcome the shortcomings of the
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`prior art with “an alternative solution to applying monitoring and control
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`system solutions to distributed systems.”21
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`B. The ’732 Patent: Mr. Thomas D. Petite and Richard M. Huff Invent A
`New Type Of Distributed System For Remote Monitoring and Control.
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`To solve the problems associated with the prior art systems, the
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`inventors of the ’732 patent created a new “system for monitoring a variety of
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`environmental and/or other conditions within a defined remotely located
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`region.”22 FIG. 2 of the ‘732 patent, reproduced below, illustrates “a
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`monitoring/control system of the present invention.”23
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`21 Id. at col. 2:46-48.
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`22 Id., Abstract.
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`23 Id. at col. 4:42-43.
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`The system disclosed and claimed in the ’732 patent includes
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`“sensor/actuators 212, 214, 216, 222, and 224 each integrated with a
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`10
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`transceiver.”24 The system further includes “a plurality of stand-alone
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`transceivers 211, 213, 215, and 221. Each stand-alone transceiver 211, 213,
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`215, and 221 and each of the integrated transceivers 212, 214, 216, 222, and
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`224 may be configured to receive an incoming RF transmission (transmitted by
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`a remote transceiver) and to transmit an outgoing signal.”25 “Local gateways
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`210 and 220 are configured and disposed to receive remote data transmissions
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`from the various standalone transceivers 211, 213, 215, and 221 or integrated
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`transceivers 212, 214, 216, 222, and 224 having an RF signal output level
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`sufficient to adequately transmit a formatted data signal to the gateways. Local
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`gateways 210 and 220 analyze the transmissions received, convert the
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`transmissions into TCP/IP format and further communicate the remote data
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`signal transmissions via WAN 230.”26 In particular, “local gateways 210 and
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`220 may communicate information, service requests, control signals, etc. to
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`remote sensor/actuator transceiver combinations 212, 214, 216, 222, and 224
`
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`24 Id. at col. 5:65-67.
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`25 Id. at col. 6:15-20.
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`26 Id. at col. 6:32-40.
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`11
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`from server 260, laptop computer 240, and workstation 250 across WAN
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`230.”27
`
`The integrated transceivers “have a unique identification code (e.g.,
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`transmitter identification number) 326, that uniquely identifies the transmitter
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`to the functional blocks of control system 200 (see FIG. 2).”28 The integrated
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`transceivers transmit to the standalone transceivers a data packet 330 including
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`“a function code, as well as, a transmitter identification number.”29 A
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`standalone transceiver receiving a data packet 330 from an integrated
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`transceiver forms its own data packet “by concatenating received data packet
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`330 with its own transceiver identification code 326.”30
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`Accordingly, the disclosed invention includes a system for remote
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`wireless communication comprising a device having a transceiver that is
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`configured to wirelessly retransmit select information, identification
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`information of a nearby transceiver, and its own identification information,
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`and a data controller operatively coupled to a transceiver and a sensor.
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`27 Id. at col. 6:41-45.
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`28 Id. at col. 8:44-47.
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`29 Id. at col. 8:51-53.
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`30 Id. at col. 11:8-9.
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`12
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`Indeed, Petitioner’s expert Dr. Heppe testified that in the ‘732 patent, a
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`standalone transceiver transmits to the gateway (1) sensor data that it received
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`from the integrated transceiver, (2) the identification code of the integrated
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`transceiver, and (3) its own identification code to the gateway, which then
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`translates this data to TCP/IP format before transmitting it via a WAN:
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`
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`Exhibit 2016, p. 38, ll. 6-18.
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`III. SUMMARY OF THE PROPOSED GROUNDS FOR REVIEW
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`For the Board’s convenience below is a summary (as understood by
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`Patent Owner) of the claim rejections proposed by the Petitioner:
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`13
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`IPR2017-00216
`U.S. Patent No. 8,013,732
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`1.
`
`Claims 1, 2, 6, and 7 are alleged to be obvious under 35 U.S.C. §
`
`103(a) based on Kahn in view of the APA, Cerf, and Cunningham; and
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`2.
`
`Claims 1-7 are alleged to be obvious under 35 U.S.C. § 103(a)
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`based on Kahn in view of APA, Cerf, and Ehlers.
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`
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`IV. CLAIM CONSTRUCTION
`
`Patent Owner opposes the Petitioner’s proposed claim constructions.
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`The Petitioner’s proposed constructions generally ignore the context of the
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`terms within the claim, and the Specification of the ‘732 patent.
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`Under the broadest reasonable construction standard, claim terms are
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`given their ordinary and customary meaning, as would be understood by one
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`of ordinary skill in the art in the context of the entire disclosure. In re Translogic
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`Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). Additionally, the
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`“appropriate context” to read a claim term includes both the specification and
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`the claim language itself. In re Suitco Surface, Inc., 603 F.3d 1255, 1260 (Fed.
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`Cir. 2010). If a term is “used differently by the inventor,” he may provide a
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`special definition if he does so with “reasonable clarity, deliberateness, and
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`precision.” In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994).
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`14
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`IPR2017-00216
`U.S. Patent No. 8,013,732
`
`A.
`
`Sensor (claims 1 and 2).
`
`The Petitioner used the same construction for “sensor” as previously set
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`forth in the district court case SIPCO v. ABB31 to be “equipment, program, or
`
`device that monitors or measures the state or status of a parameter or condition and
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`provides information concerning the parameter or condition”. But that construction
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`for “sensor” was overridden in a later district court case SIPCO v. Amazon32.
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`The court in Amazon discussed the construction of the term “sensor” in ABB in
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`detail and although it partially agreed with that construction, the court in
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`Amazon determined that “equipment” and “program” should be omitted, as
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`there was no support in the specification to include such terms in the
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`construction. Therefore, as decided by the court in Amazon, “sensor” should be
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`construed to mean “device that monitors or measures the state or status of a
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`condition and provides information concerning the condition.”33 This is the
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`broadest reasonable construction of “sensor” in light of the specification and
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`should be adopted in this proceeding. See Ex. 2014, ¶ 98.
`
`
`31 Exhibit 1006, pp. 25-29.
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`32 Exhibit 1007, pp. 26-30.
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`33 Id., p. 30.
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`
`
`15
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`

`

`IPR2017-00216
`U.S. Patent No. 8,013,732
`
`B. Actuator (claims 1, 2, 4, and 5).
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`The claim term “actuator” should be construed as “a transducer that
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`converts electrical, hydraulic, or pneumatic energy to mechanical motion.”
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`This construction is consistent with the plain and ordinary meaning of the term
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`“actuate” as “to put into motion or action.”34
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`In sharp contrast, Petitioner’s construction of “sensor” and “actuator” as
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`a program executing on a computer is not supported by the claim language. It
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`is a well-known canon of claim construction that different words in a claim are
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`presumed to have different meanings. See, e.g., Ethicon Endo-Surgery, Inc. v. U.S.
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`Surgical Corp., 93 F.3d 1572, 1579 (Fed. Cir. 1996). The challenged claims use
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`the terms “computer,” “sensor,” and “actuator” and therefore, they are
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`presumed to have different meanings.
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`Moreover, nothing in the Specification indicates that any of the terms
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`“computer,” “sensor,” or “actuator” are used interchangeability. There is
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`nothing in the Specification, for example, that indicates that a computer is an
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`actuator.
`
`
`34 Ex. 2013, The American Heritage College Dictionary, Third Edition,
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`Houghton Mifflin Company, Boston, MA, 1993, p. 14.
`
`
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`16
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`

`

`IPR2017-00216
`U.S. Patent No. 8,013,732
`
`For example, Figure 3C in the Specification (reproduced below) shows a
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`sensor and an actuator as separate hardware components that are interfaced
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`with a data controller (e.g., computer) via a Data Interface module.
`
`
`
`
`The Specification instead repeatedly makes reference to a sensor, an actuator,
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`and a computer (e.g., controller) as being different devices:
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` “Reference is now made briefly to FIG. 3B, which is a block
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`diagram illustrating certain functional blocks of a similar
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`transmitter 340 that may be integrated with sensor 310. For
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`example, sensor 310 in its simplest form could be a two-state
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`device such as a smoke alarm. Alternatively, the sensor 310 may
`
`
`
`17
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`

`

`IPR2017-00216
`U.S. Patent No. 8,013,732
`
`output a continuous range of values to the data interface 321. If
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`the signal output from the sensor 310 is an analog signal, the data
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`interface 321 may include an analog-to-digital converter (not
`
`shown) to convert signals output to the actuator 340. Alternatively,
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`a digital interface (communicating digital signals) may exist
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`between the data interface 321 and each sensor 310.
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`
`
`As illustrated, many of the components of RF transmitter 340 are
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`similar to that of RF transmitter 320 and need not be repeated
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`herein. The principal difference between the configurations of RF
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`transmitter 320 of FIG. 3A and the RF transmitter 340 of FIG.
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`3B lies at the input of the data interface 321. Specifically, RF
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`transmitter 320 included user interface buttons 327 and 329. RF
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`transmitter 340, illustrates electrical integration with sensor 310.
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`Unique transmitter identification code 326 coupled with a function
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`code for a smoke alarm on condition is formatted by data
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`controller 324 for transformation into a RF signal by RF
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`transmitter 328 and transmission via antenna 323. In this way,
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`data packet 330 communicated from transmitter 340 will readily
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`distinguish from similar signals generated by other RF transmitters
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`in the system. Of course, additional and/or alternative
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`configurations may also be provided by a similarly configured RF
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`transmitter. For example, a similar configuration may be provided
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`for a transmitter that is integrated into, for example, a carbon
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`monoxide detector, a door position sensor and the like.
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`Alternatively, system parameters that vary across a range of values
`
`
`
`18
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`

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`IPR2017-00216
`U.S. Patent No. 8,013,732
`
`may be transmitted by RF transmitter 340 as long as data
`
`interface 321 and data controller 324 are configured to apply a
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`specific code, consistent with the input from sensor 310. As long as
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`the code was understood by server 260 or
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`workstation 250 (see FIG. 2) the target parameter could be
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`monitored with the present invention.
`
`
`
`Reference is now made to FIG. 3C, which is a block diagram
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`similar to that illustrated in FIGS. 3A and 3B, but illustrating a
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`transceiver 360 that is integrated with a sensor 310 and an
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`actuator 380. In this illustration, data interface 321 is shown with a
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`single input from sensor 310. It is easy to envision a system that
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`may include multiple sensor inputs. By way of example, a
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`common home heating and cooling system might be integrated
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`with the present invention. The home heating system may include
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`multiple data interface inputs from multiple sensors. A home
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`thermostat control connected with the home heating system could
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`be integrated with a sensor that reports the position of a manually
`
`adjusted temperature control (i.e., temper

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