UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`Canon Inc. et al.,
`Petitioners
`
`v.
`
`Papst Licensing GmbH & Co., KG,
`
`Patent Owner
`
`
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`
`
`
`
`CASE: Unassigned
`Patent No. 8,966,144
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`DECLARATION OF DR. PAUL F. REYNOLDS, Ph.D.
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`
`
`
`1
`
`Apple 1204
`U.S. Pat. 8,966,144
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`Canon Inc. et al.,
`Petitioners
`
`v.
`
`Papst Licensing GmbH & Co., KG,
`
`Patent Owner
`
`
`
`
`
`
`
`CASE: Unassigned
`Patent No. 8,966,144
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF DR. PAUL F. REYNOLDS, Ph.D.
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`
`
`
`1
`
`Apple 1204
`U.S. Pat. 8,966,144
`
`
`
`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.
`
`Army National Ground Intelligence Center.
`
`3.
`
`I have a Bachelor of Arts degree in Psychology from Ohio Northern
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`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
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`Philosophy in Computer Science from the University of Texas at Austin, obtained
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`in 1979. Both my Masters and Ph.D. focused on parallel and distributed systems
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`and networking topics.
`
`4.
`
`During my time as a Professor, I was awarded over 60 grants, and
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`conducted research sponsored by DARPA, the National Science Foundation,
`
`DUSA (OR), the National Institute for Science and Technology, the Defense
`
`Modeling and Simulation Office, Virginia Center for Innovative Technology and
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`numerous industries.
`
`2
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`
`
`5.
`
`I taught many Ph.D. level classes on topics relating to distributed
`
`computing and high performance networking. I have advised, to completion, 65
`
`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
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`of parallel and distributed systems and networking.
`
`7.
`
`In particular, much of my research in the 1980’s and 1990’s was
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`focused on efficient time management of distributed simulations. I published
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`widely on the topic, and was actively involved in the deployment of related
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`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
`
`organizer and overseer for the DoD Joint National Test Facility (having a focus on
`
`distributed simulation) in Colorado Springs.
`
`9.
`
`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
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`occasions.
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`3
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`
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`10.
`
`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
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`and the Defense Advanced Research Projects Agency and became subject material
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`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.
`
`4
`
`
`
` 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.
`
`5
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`
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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).
`
`6
`
`
`
` 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
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`qualifications, responsibilities, employment history, honors, awards, professional
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`associations, invited presentations, and publications is attached as Appendix A.
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`7
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`
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`13.
`
`I have reviewed United States Patent No. 8,966,1441 (“the ’144
`
`patent”) to Michael L. Tasler as well as the applications referenced in the section
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`of the ’144 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
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`preparation of this declaration I have been compensated at my standard hourly rate
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`of $425/hour. My compensation is in no way contingent on the results of these or
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`any other proceedings relating to the above-captioned patent.
`
`INFORMATION PROVIDED TO ME
`
`II.
`14.
`
`In proceedings before the USPTO, I understand that the claims of an
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`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
`
`informed that the ’144 patent has not expired. In comparing the claims of the ’144
`
`patent to the known prior art, I have carefully considered the ’144 patent, and the
`
`’144 patent’s file history using my experience and knowledge in the relevant field.
`
`15.
`
`I am informed that the ’144 patent was filed on August 24, 2006, but
`
`that it claims to be related to a chain of applications going back to a German
`
`1 Michael L. Tasler, “Analog Data Generating and Processing Device Having a
`
`Multi-Use Automatic Processor” U.S. Patent No. 8,966,144, filed August 24, 2006,
`
`claiming priority to a continuation application filed June 14, 1999. (Ex. 1201)
`
`8
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`
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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 ’144 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
`
`element of a claim be disclosed expressly or inherently in a single prior art
`
`reference, in combination, as claimed.
`
`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
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`can be found unpatentable as obvious where the differences between the subject
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`matter sought to be patented and the prior art are such that the subject matter as a
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`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,
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`(2) the differences between the claimed invention and the prior art, and (3) the
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`level of ordinary skill in the pertinent field.
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`18.
`
`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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`9
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`
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`among other things, commercial success of the patented invention, skepticism of
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`those having ordinary skill in the art at the time of invention, unexpected results of
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`the invention, any long-felt but unsolved need in the art that was satisfied by the
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`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
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`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
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`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
`
`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
`
`10
`
`
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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
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`multiple prior art references or add missing features to reproduce the alleged
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`invention recited in the claims.
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`20.
`
`I have been asked to consider various prior art references. I have also
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`been asked to consider whether the techniques and procedures discussed in the
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`prior art references, read on each limitation of independent claims 1, 84 and 86 and
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`each dependent claim the “Challenged Claims”) of the ’144 Patent. My
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`conclusion is that the Challenged Claims of U.S. Patent No. 8,966,144 are invalid
`
`in view of the prior art.
`
`III. THE ’144 PATENT
`The ’144 patent generally relates to interface devices for transfer of
`21.
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`data between a data transmitter (a.k.a. “data transmit/receive device”) and a host
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`(a.k.a. “host computer” or “host device”) (Ex. 1201, at 1:18-22.)
`
`22.
`
`Tasler’s ’144 patent presents “randomly chosen” exemplars (Ex.
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`1201, at 1:61) 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. 1201, at 1:26-
`
`27.) His first example describes interface devices that “generally require very
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`sophisticated drivers which are prone to malfunction.” (Ex. 1201, at 1:35-36.) No
`
`11
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`
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`concrete examples are offered in support his statement regarding “prone to
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`malfunction.”
`
`23.
`
`A second example presents a diagnostic radiology system that is
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`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. 1201, at 1:46-53.) A
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`third example involves a multimeter as an input source, and a need “for the
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`interface device to support a high data transfer rate.” (Ex. 1201, at 1:54-60.)
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`24.
`
`From these examples Tasler concludes that: 1) “an interface may be
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`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. 1201, at 1:61-2:3.)
`
`25.
`
`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
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`rates.” (Ex. 1201, at 2:13-15.)
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`26.
`
`Tasler discusses PCMCIA (Personal Computer Memory Card
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`Association) interface technology, which was extant at the priority date of the
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`patent. He states that PCMCIA is “A solution to this problem” regarding the need
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`to install an interface device inside a computer’s casing. The PCMCIA interface
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`12
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`
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`allowed “interface devices [to be] connected by means of a plug-in card”. (Ex.
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`1201, at 2:20-27.) One type of PCMCIA card provided a special printer interface
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`to a host computer by converting the PCMCIA interface to an established parallel
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`standard interface (IEEE 1284). Tasler goes on to say about the PCMCIA
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`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. 1201, at 2:33-41.)
`
`
`About PCMCIA, Tasler states “an interface-specific driver must be
`
`27.
`
`installed on the host device…” (Ex. 1201, at 2:42-45.) Tasler goes on to state: “if
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`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. 1201, 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. 1201, at 2:53-67.) Tasler’s
`
`13
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`
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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
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`in the interface device is implemented using finite states machines, one for each
`
`peripheral. Tasler states “This known interface device provides optimal matching
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`between a host device and a specific peripheral device.” (Ex. 1201, at 3:1-9.)
`
`30.
`
`Finally, Tasler discusses an interface device that communicates with
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`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
`
`possible if the interface is connected to a multipurpose interface instead of to a
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`floppy disk drive controller.” (Ex. 1201, at 3:10-25.)
`
`31.
`
`The purported object of the ’144 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. 1201, at 3:29-32.) The interface device is meant to
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`“simulate[s], both in terms of hardware and software, the way in which a
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`conventional input/output device functions, preferably that of a hard disk.” (Ex.
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`1201, 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
`
`of claim terms in two related patents (U.S. Patent Nos. 6,895,449 and 6,470,399))
`
`14
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`
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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
`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.
`
`App. A-2, CAFC Opinion, 4-5 (emphasis added).
`
`
`15
`
`
`
`32.
`
`The ’144 patent describes an interface device capable of delivering the
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`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 data transmit/receive device (Ex.
`
`1201, at independent claims 1, 84, 86), (2) buffers digitized analog data in an
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`internal memory (Ex. 1201, at independent claims 1, 84, 86), and then (3) delivers
`
`the buffered data to a host, 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. 1201, at 3:51-56.)
`
`33.
`
`The ’144 Patent describes that the interface device contains a
`
`processor, which may be a digital signal processor (DSP), data storage memory,
`
`and a program memory. (Ex. 1201, at Claim 1, 84, 86.) In the ’144 patent’s
`
`preferred embodiment in the form of a SCSI interface device, upon receiving an
`
`INQUIRY from the host, the interface device responds to the host, indicating that it
`
`is communicating with an i/o device. (Ex. 1201, at Abstract, 4:8-16.) Also, the
`
`interface device represents itself to the host as a customary i/o device. (Ex. 1201,
`
`at 4:16-20.) In this preferred embodiment the interface device manages “virtual
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`files” (Ex. 1201, at 5:14-17) in support of simulating a conventional input/output
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`device, “preferably as a virtual hard disk…” (Ex. 1201, at 10:42-45.)
`
`16
`
`
`
`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 ’144 Patent admits that “usual BIOS routines . . . issue an
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`instruction, known by those skilled in the art as an INQUIRY instruction.” (Ex.
`
`1201, at 5:17-30.) In one embodiment of the ’144 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. 1201, at 10:23-29.)
`
`
`35.
`
`The ’144 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. 1201, at 10:33-36.)
`
`36.
`
`The ’144 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.
`
`17
`
`
`
`1201, 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.
`
`1201, at 6:47-49.) “These settings can be, for example, gain, multiplex or
`
`sampling rate setting.” (Ex. 1201, at 6:51-52.) 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 ’144 patent introduces the term “automatic recognition
`
`process” in its three independent claims 1, 84 and 86. In each of the ’144 patent’s
`
`three independent claims, sending of “identification information regarding the
`
`ADGPD” from the interface device to the host is presented as part of an automatic
`
`recognition process. “Identification information regarding the ADGPD” is not
`
`defined in the ’144 patent specification. Acquisition of device identification
`
`information over a SCSI interface is discussed in paragraphs 46-55, infra.
`
`B.
`38.
`
`File System Information
`
`The Tasler ’144 patent references the sending of “ADGPD file system
`
`information” from the ADGPD to a host in its independent claim 84 and dependent
`
`claim 42 (dependent from claim 1). 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,
`
`18
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`
`
`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. 1201, at 5:41-47) 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 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
`I have been advised that there are multiple factors relevant to
`39.
`
`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
`
`19
`
`
`
`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
`
`many such persons over the course of my career. Further, I had those capabilities
`
`myself at the priority date of the ’144 Patent.
`
`V. THE PRIOR ART
`A. Kawaguchi
`Kawaguchi describes an interface device, called a “SCSI device
`41.
`
`converter,” (“SDC”) which operates between a collection of analog devices and a
`
`host computer (a.k.a. “engineering workstation”2 or “EWS”), communicating with
`
`the EWS via a SCSI interface. (Ex. 1207 at p. 2.) The Kawaguchi patent discloses
`
`various uses and capabilities of the SDC interface device. Of particular importance
`
`2 In early 1997 an engineering workstation was a computer designed for engineering design,
`analysis, data acquisition and control. These computers often had high performance CPU’s,
`extra memory, high capacity disk drives, extra cooling and provisions for connecting multiple
`data input and output devices, including analog sensors, measuring equipment (e.g. multimeters)
`and plotters.
`
`20
`
`
`
`to my opinion is the use of the SDC as an interface device between analog
`
`peripheral devices and a host computer wherein the SDC appears to the host
`
`computer as a disk drive over their SCSI communication interface.
`
`
`
`42.
`
`In its preferred embodiment shown above, the SDC (3) communicates
`
`through its SCSI interface with attached SCSI I/O port (7) with the EWS (1)
`
`through the EWS’s SCSI I/O port and SCSI interface (2). (“a SCSI interface
`
`connected to a SCSI interface in an engineering workstation (EWS).” (Ex. 1207 at
`
`p. 2.) The EWS and SDC are characterized and depicted as separate devices. (Ex.
`
`21
`
`
`
`1207 at p. 2, Figure 1.) Each has its own SCSI interface, depicted in Kawaguchi’s
`
`Figure 1 as being on the periphery of the respective devices. The EWS and the
`
`SDC would necessarily have i/o ports, associated with their SCSI interfaces, in the
`
`form of connectors in order to support being “connected to”. They would be
`
`connected by a SCSI cable since each of them has a SCSI interface (with attached
`
`i/o port).
`
`43.
`
`The SDC communicates with peripheral devices by way of their own
`
`interfaces, such as RS-232, VME, etc. and possibly including SCSI. According to
`
`Figure 1 in the Ex. 1207 at the SDC can “easily connect a device such as a PC
`
`peripheral device or a sequencer” (Ex. 1207 at p. 2), while communicating by way
`
`of a SCSI interface with the EWS on behalf of these devices. Examples of
`
`candidate attached devices, as depicted in figure 1, include a CD-ROM 5, a plotter
`
`4 and a sequencer 6. Nothing would prevent attachment of other analog devices
`
`such as scanners and printers. Also, Kawaguchi proposes an analog to digital
`
`converter in the SDC, which could be connected to arbitrary analog sensors. (Ex.
`
`1207 at p. 5.)
`
`44.
`
`In its preferred embodiment, the SDC comprises the kinds of
`
`components that constitute a general purpose computer. It includes “a SCSI
`
`interface (7) for connecting to the EWS (1), and includes personal computer I/O
`
`22
`
`
`
`bus interfaces (8) (9) and an interface for a bi-directional parallel bus interface
`
`(10)” It also includes a “microcomputer, ROM and RAM” (Ex. 1207 at p. 5.)
`
`45.
`
`In the SDC, implementation of internal components 11 through 17 is
`
`done by the microcomputer, ROM and RAM: “The SCSI device converter (3) also
`
`implements a data writing unit (11), a data reading unit (12), a control data writing
`
`unit (13), an interrupt data reading unit (14), a code converting unit (15), a control
`
`unit (16) and an interrupt control unit (17) by using a microcomputer, ROM and
`
`RAM.” (Ex. 1207 at p. 5.) Some of these components are operatively connected
`
`to I/O interfaces, either the SCSI interface or the interfaces for the peripheral
`
`devices: “The codeconverting (sic) unit (15) and the control unit (16) are located
`
`between each of the data writing units and reading units (11) (12) (13) (14) and the
`
`device interfaces (8) (9) (10).” (Ex. 1207 at p. 5.) Altogether, these components,
`
`(11) through (16), perform functions that manage, translate and transfer the data
`
`flowing into and out of the SDC, both to/from the EWS and the peripheral devices.
`
`46.
`
`“The control unit (16) controls the data transmission/reception
`
`between the EWS and the peripheral devices.” (Ex. 1207 at p. 5.) “The control unit
`
`(16) controls the input and output of data to the peripheral devices (4) (5) (6) via
`
`the device interfaces (8) (9) (10).” (Ex. 1207 at p. 5.) The SDC also implements a
`
`“code converting unit”, that is “interposed between the data writing unit, the
`
`23
`
`
`
`reading unit, and the device interface for converting data between the SCSI format
`
`and the peripheral device bus format” (Ex. 1207 at pp. 4-5).
`
`47.
`
`The SDC emulates four disk drives on its SCSI connection to the
`
`EWS, where for each of them “the apparatus in the present invention operates in a
`
`manner emulating the hard disk.” (Ex. 1207 at p. 7.) All four emulated disk drives
`
`are accessible to an EWS initiating commands across the SCSI interface. The
`
`emulated disk drives respond to the SCSI INQUIRY command, the Mode Sense
`
`command and Read and Write commands, including extended Read and Extended
`
`Write commands. (Ex. 1207 at p. 7, Figure 2.)
`
`48.
`
`The SDC associates its four emulated disk drives with internal
`
`“units”, one each for its data writing unit, data reading unit, control data writing
`
`unit and interrupt data reading unit. The first two units process and hold data
`
`traffic from and to attached peripherals, and the latter two process control data for
`
`managing interrupts. Kawaguchi states: “the EWS (1) writes or reads data to each
`
`writing unit or from each reading unit using the same method as that for four hard
`
`disks.” (Ex. 1207 at p. 6.)
`
`
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