PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`In the Inter Partes Review of U.S. Patent No. 8,504,746
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`Trial No.: Not Yet Assigned
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`Issued:
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`August 6, 2013
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`Filed:
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`September 27, 2010
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`Inventor: Michael Tasler
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`Assignee: Papst Licensing GmbH & Co., KG
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`Title:
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`ANALOG DATA GENERATING AND PROCESSING DEVICE
`FOR USE WITH A PERSONAL COMPUTER
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`PETITION FOR INTER PARTES REVIEW
`UNDER 37 C.F.R. § 42.100
`Inter partes review is respectfully requested for claims 1-12, 14-15, 17-21,
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`23-31, 34-35 (the “Challenged Claims”) of U.S. Patent 8,504,746.
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`Petitioner authorizes the Patent Office to charge all fees that may be due in
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`connection with this Petition to Deposit Account 50-0740.
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` DC: 6329951-1
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`

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`
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`I.
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`II.
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`TABLE OF CONTENTS
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`Page
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`Introduction ..................................................................................................... 1
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`Grounds for Standing ...................................................................................... 2
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`III. Background Information for ’746 Patent ....................................................... 2
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`A. Overview of the ’746 Patent Family and Prosecution History ............ 2
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`IV.
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`Identification of Challenge Pursuant to 37 C.F.R. § 42.104(b) ..................... 5
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`A.
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`B.
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`Claims for Which Inter Partes Review Is Requested .......................... 5
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`The Prior Art and Specific Grounds on Which the Challenge to
`the Claims Is Based .............................................................................. 5
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`C.
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`Claim Construction............................................................................... 7
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`V.
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`The Challenged Claims Are Unpatentable ................................................... 10
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`A.
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`Prior Art .............................................................................................. 10
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`1.
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`Kawaguchi ............................................................................... 10
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`2. Matsumoto ............................................................................... 11
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`3.
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`Kawaguchi, Matsumoto, DASM-AD14, Takahashi,
`Saito, and Muramatsu are Properly Combinable ..................... 12
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`B.
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`Challenged Claims ............................................................................. 16
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`Independent Claim 1 ................................................................ 16
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`Dependent Claim 2................................................................... 28
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`Dependent Claim 3................................................................... 29
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`Dependent Claim 4................................................................... 29
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`Dependent Claim 5................................................................... 30
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`Dependent Claim 6................................................................... 31
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`7.
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`8.
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`9.
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`Dependent Claims 7, 8, 26 ....................................................... 32
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`Dependent Claim 9................................................................... 33
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`Dependent Claim 10 ................................................................ 35
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`10. Dependent Claims 11, 12 ......................................................... 36
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`11. Dependent Claim 14 ................................................................ 37
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`12. Dependent Claim 15 ................................................................ 38
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`13. Dependent Claims 17, 18 ......................................................... 39
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`14. Dependent Claim 19 ................................................................ 42
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`15. Dependent Claim 20 ................................................................ 44
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`16. Dependent Claims 21, 27 and 28 ............................................. 46
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`17. Dependent Claim 23 ................................................................ 49
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`18. Dependent Claim 24 ................................................................ 51
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`19. Dependent Claim 25 ................................................................ 53
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`20. Dependent Claim 29 ................................................................ 54
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`21. Dependent Claim 30 ................................................................ 55
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`22.
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`23.
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`Independent Claim 31 .............................................................. 55
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`Independent Claim 34 .............................................................. 60
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`24. Dependent Claim 35 ................................................................ 62
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`VI. Mandatory Notices Pursuant to 37 C.F.R. § 42.8(a)(1) ............................... 64
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`A.
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`B.
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`C.
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`C.F.R. § 42.8(b)(1): Real Party-In-Interest ........................................ 64
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`C.F.R. § 42.8(b)(2): Related Matters ................................................. 64
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`C.F.R. § 42.8(b)(3) and (4): Lead and Back-up Counsel and
`Service Information ............................................................................ 71
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`VII. Conclusion .................................................................................................... 72
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`VII. Conclusion .................................................................................................. .. 72
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`-iii-
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`I.
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`Introduction
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`The ’746 patent specification describes an interface device designed to
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`facilitate the transfer of data between an input/output (“i/o”) device and a host
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`computer that allegedly obviates the need for installation of driver software on the
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`computer. Ex. 1201 at 1:37-40; 7:11-20.
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`The ’746 patent is owned by Papst Licensing GmbH & Co., KG (“Papst” or
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`the “Patent Owner”). The District Court judge in a litigation involving an ancestor
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`of the ’746 patent described Papst by stating that “the business of Papst is
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`litigation, not invention or production.” Ex. 1202 (Memorandum Order of Judge
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`Collyer) at 6 (emphasis in original). Papst acquired the patent family, including the
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`five earlier applications and two issued patents related to application no.
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`12/891,443 (“the ’443 application”) from which the ’746 patent issued, nine years
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`after the filing date of the earliest application in the chain. See USPTO Assignment
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`Record executed Mar. 8, 2006, at 17314-114. The ’443 application was filed and
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`prosecuted entirely under Papst’s control during the pendency of patent
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`infringement litigation filed by Papst, in which litigation Papst now asserts the
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`resulting ’746 patent.
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`Filed in 2010, the ’443 application, issued in 2013. During prosecution of
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`the ’443 application, Papst presented nearly 600 references for the Examiner to
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`consider via Information Disclosure Statements — a near impossible task for a
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`tightly time constrained examination. As a result, the Examiner did not focus on
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`certain highly relevant prior art.1 Based on the presented grounds, the Board should
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`institute inter partes review of the ’746 patent and cancel the challenged claims.
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`II. Grounds for Standing
`Petitioner certifies that the ’746 patent is available for IPR and that
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`Petitioner is not barred or estopped from requesting IPR on the grounds herein
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`because, pursuant to 37 C.F.R. §§ 42.122(b) and 1.7(a), this Petition is being filed,
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`together with a Motion for Joinder, effectively within one month of the institution
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`date of inter partes review in IPR2016-01211, to which joinder is requested.
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`III. Background Information for ’746 Patent
`A. Overview of the ’746 Patent Family and Prosecution History
`The ’443 application was filed on September 27, 2010, and issued almost
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`three years later on August 6, 2013 as the ’746 patent. The ’746 patent stems from
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`the last application filed in a family of seven U.S. non-provisional applications.
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`The ’746 patent’s written description describes a device alleged to facilitate the
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`transfer of data between a data transmit/receive device from which data is to be
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`acquired and a host computer. Ex. 1201 at 1:20-24. The written description states
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`1 Some of this relevant art was buried in the nearly 600 references submitted to the
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`Examiner via IDSs.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`that, while interface devices were known at the time of the invention, existing
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`devices had limitations, including disadvantageous sacrifices of data-transfer speed
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`or a lack of flexibility as to the computers and data devices with which they were
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`compatible. Id., 1:28-2:21. The ’746 patent purports to describe an interface device
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`to overcome these limitations.
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`When a computer detects that a new device has been connected to one of its
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`input-output (i/o) ports, a normal course of action includes these steps: the host
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`asks the new device what type of device it is; the connected device responds; the
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`host determines whether it already possesses drivers for the identified type of
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`device; and if it does not, an appropriate driver must be installed on the host and
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`loaded into memory before proceeding. In the ’746 patent family, when the
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`interface device is connected between a data transmit/receive device and a host, the
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`interface device responds to the host’s request for identification by stating that it is
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`a type of device, such as a hard drive, for which the computer already has a driver.
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`By misidentifying itself to the host as to the type of device the host is
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`communicating with, the interface device induces the host to treat it like a device
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`already familiar to the host. Thereafter, when the host communicates with the
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`interface device to request data from or control the operation of the data device, the
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`host uses
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`its customary driver, and
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`the
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`interface device
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`translates
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`the
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`communications into a form understandable by the connected data device. Ex.
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`1104, ¶¶37-38, 64-84; Ex. 1201 at 3:28-4:38.
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`FIG. 1 is a block diagram of the interface device that includes a first
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`connecting device 12 for connecting to the host computer and a second connecting
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`device 15 for connecting to the data transmit/receive device. A digital signal
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`processor 13 and a memory 14 manage communications between the computer and
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`the data transmit/receive device. Ex. 1201 at 4:59-5:7; see also, Ex. 1204, ¶¶21-36.
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`The prosecution history of the ’746 patent spanned three Office Actions and
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`corresponding responses. The final response before allowance included thirteen
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`pages of arguments presenting a number of alleged reasons why the claims were
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`allowable over the cited references. No amendments were made. A Notice of
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`Allowance was issued on June 7, 2013. The reasons for allowance stated: “The
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`reasons for allowance of claims 2, 32, 33 and 35... in the instant application is that
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`the examiner finds applicant’s arguments filed on 05/28/2013 are persuasive and
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`that the combination of all the claimed limitations is neither anticipate[d] or
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`render[ed] obvious by the prior art of record.” Thus, it is difficult to ascertain
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`exactly which argument or claim limitation(s) were considered important to the
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`Examiner’s decision.
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`IV.
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`Identification of Challenge Pursuant to 37 C.F.R. § 42.104(b)
`A. Claims for Which Inter Partes Review Is Requested
`IPR is requested for claims 1-12, 14-15, 17-21, 23-31, and 34-35 of the ’746
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`patent.
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`B.
`
`The Prior Art and Specific Grounds on Which the Challenge to
`the Claims Is Based
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`The one-year time bar under pre-AIA 35 U.S.C. §102(b) is measured from
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`the effective U.S. filing date of the ’746 patent, which is March 3, 1998, the date of
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`the PCT application to which the ’746 patent claims priority (PCT/EP98/01187).
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`Inter partes review is requested in view of the following prior art references:
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`•
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`JP H4-15853 to Kawaguchi (“Kawaguchi”) (Exhibit 1206).
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`Kawaguchi was filed on May 9, 1990 and published on January 21,
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`1992, and is prior art to the ’746 patent under 35 U.S.C. § 102(b).
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`•
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`U.S. Patent No. 5,684,607 to (“Matsumoto”) (Exhibit 1207).
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`Matsumoto was filed on November 4, 1994, and issued on November
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`4, 1997, and is prior art to the ’746 patent under 35 U.S.C. §§ 102(a)
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`and/or 102(e).
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`•
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`The DASM-AD14 product brochure (DASM-AD14) (Exhibit 1208).
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`DASM-AD14 is a data sheet for the DASM-AD14 product dated
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`1992. The DASM-AD14 product was available for purchase in 1992,
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`as evidenced by the Digital Equipment Corporation Shippable
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`Products Catalog, submitted as Exhibit 1214 at page 23. Because the
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`DASM-AD14 Product Brochure was freely available to the public
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`five years prior to the earliest possible priority data of the patent at
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`issue, the DASM-AD14 Product Brochure is a publication under 35
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`U.S.C. §102(b). DASM-AD14 was published in March 1992 and is
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`prior art to the ’746 patent under 35 U.S.C. § 102(b).
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`•
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`JP H5-344283 to Takahashi (“Takahashi”) (Exhibit 1209). Takahashi
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`was filed on June 11, 1992 and published on December 24, 1993, and
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`is prior art to the ’746 patent under 35 U.S.C. § 102(b).
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`•
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`U.S. Patent No. 5,592,256 to Muramatsu (“Muramatsu”) (Exhibit
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`1212). Muramatsu was filed on May 29, 1996, and issued on January
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`7, 1997, and is prior art to the ’746 patent under 35 U.S.C. § 102(b).
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`•
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`U.S. Patent No. 5,724,155 to Saito (“Saito”) (Exhibit 1213). Saito was
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`filed on December 30, 1994, and issued on March 3, 1998, and is
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`prior art to the ’746 patent under 35 U.S.C. § 102(a) and/or 102(e).
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`The specific statutory grounds on which the challenge to the claims is based
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`and the prior art relied upon for each ground are as follows:
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`a)
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`Claims 1-12, 14-15, 17-19, 26, 29-31, 34-35 are anticipated by
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`Kawaguchi;
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`b)
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`Claims 1-12, 14-15, 17-19, 26, 29-31, 34-35 are unpatentable under
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`35 U.S.C. § 103(a) over Kawaguchi in view of Matsumoto;
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`c)
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`Claim 14 is unpatentable under 35 U.S.C. § 103(a) over Kawaguchi in
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`view of Matsumoto and Takahashi;
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`d)
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`Claims 21, 24-25, 27-28 are unpatentable under 35 U.S.C. § 103(a)
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`over Kawaguchi in view of Matsumoto and DASM-AD14;
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`e)
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`Claim 20 is unpatentable under 35 U.S.C. § 103(a) over Kawaguchi in
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`view of Matsumoto and Saito; and
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`f)
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`Claim 23 is unpatentable under 35 U.S.C. § 103(a) over Kawaguchi in
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`view of Matsumoto, Saito, and Muramatsu.
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`C. Claim Construction
`Claims are to be given their “broadest reasonable construction in light of the
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`specification.” 37 C.F.R. § 42.100(b). The constructions proposed below are
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`intended to aid in this proceeding, and should not be understood as waiving any
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`arguments that may be raised in any litigation. Further, because the standard for
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`claim construction at the Patent Office is different from that used during a U.S.
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`District Court litigation, see In re Am. Acad. Of Sci. Tech Ctr., 367 F.3d 1359,
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`1364, 1369 (Fed. Cir. 2004); MPEP § 2111, Petitioner expressly reserves the right
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`to argue a different claim construction in litigation for any term of the ’746 patent.
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`For purposes of this proceeding only, and without conceding that these are the
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`correct constructions under the standard that controls in the litigation, Petitioner
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`proposes adopting the claim constructions presented by Papst in related litigation
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`in the District of Columbia: Misc. Action No. 07-493 (RMC); MDL No. 1880 (Ex.
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`1105), as follows:2
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`Claim Term
`“without requiring any end user to load
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`Adopted BRI
`“without requiring the end user to install
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`any software onto the [first/second]
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`or load specific drivers or software for
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`computer at any time”
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`the [ADGPD/analog data acquisition
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`
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`device/analog data acquisition and
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`“without requiring any user-loaded file
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`interface device] beyond that included
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`transfer enabling software to be loaded
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`in the operating system or BIOS”
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`2 Petitioner has proposed separate constructions in the district court proceeding.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`Claim Term
`on or installed in the [computer/host
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`device] [at any time]”
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`
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`“whereby there is no requirement for
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`any user-loaded file transfer enabling
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`software to be loaded on or installed in
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`the computer in addition to the
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`operating system”
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`“processor”
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`
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`Adopted BRI
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`“any kind of microprocessor, including
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`a digital signal processor”
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`In addition, in the Decision Instituting Inter Partes Review in IPR 2016-
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`01211, to which joinder is requested, the Board introduced the following
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`construction:
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`Claim Term
`“analog signal acquisition channel”
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`Construction in IPR 2016-01211
`“part of the analog acquisition device,
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`and its processor implements the
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`process by which analog data is
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`V.
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`Claim Term
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`Construction in IPR 2016-01211
`received through the analog signal
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`acquisition channel from the claimed
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`analog source”
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`
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`The Challenged Claims Are Unpatentable
`A.
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`Prior Art
`1. Kawaguchi
`As illustrated in Fig. 1 shown below, Kawaguchi discloses a SCSI device
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`converter (3) having a SCSI interface (7) for connecting a peripheral device (4, 5,
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`6) to a SCSI interface (2) on an engineering workstation (EWS (1)). The SCSI
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`device converter (3) inputs and outputs data to the SCSI interface (2) of an EWS
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`using the same standards as a SCSI interface for a hard disk. The SCSI device
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`converter communicates with the EWS’s SCSI hard disk driver and emulates a
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`hard disk. Data from peripheral devices is retrieved by the control unit (16) via the
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`device interfaces (8, 9, 10), converted into SCSI standard data by a code
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`converting unit (15), and stored in data reading units (12, 14) from which the EWS
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`can retrieve the data. An A/D converter (19) may also be installed to receive
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`analog data from an analog device (18) such as a sensor. Data from the EWS to
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`peripheral devices is written to data writing units (11, 13) and transferred by the
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`control unit to the peripheral devices via the device interfaces. See Ex. 1204, ¶¶41-
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`51.
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`2. Matsumoto
`Matsumoto discloses that a “facsimile apparatus having a scanner for
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`reading original images, a memory for storing images, a printer for recording
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`images,
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`and
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`a
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`communication
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`control
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`section
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`for
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`controlling
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`the
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`transmission/reception of data with a receiving communication apparatus is
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`connected to a host computer via a small computer system interface (SCSI).” Ex.
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`1208, Abstract. Matsumoto also discloses that a “file management section 10
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`manages documents created inside a facsimile apparatus ... [wherein the] operation
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`for entering and storing a file is performed by the file management section 10.” Ex.
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`1208, 3:20-22, 5:55-56. See also, Ex. 1204, ¶¶52-59.
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`
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`3. Kawaguchi, Matsumoto, DASM-AD14, Takahashi, Saito,
`and Muramatsu are Properly Combinable
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`Both Kawaguchi and Matsumoto provide teachings, suggestions, and
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`motivations to combine their respective disclosures with one another because, inter
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`alia, they both teach interfacing a peripheral device to a host computer using SCSI.
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`Given the similarities of their subject matter and teachings, a person of ordinary
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`skill in the art (POSA) would be motivated to combine features of each reference
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`to provide the advantages achieved by those added features.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`For example, combining file management features taught by Matsumoto to
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`the Kawaguchi system to allow processed analog data to be stored in the data
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`storage memory as at least one file, to allow the processor to automatically send
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`file system information to the host to enable the host to retrieve the at least one file,
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`to allow an indication of the type of a file system that is used to store the at least
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`one file of digitized analog data in the data storage memory, and to allow file
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`allocation table information containing a start location of a file allocation table to
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`be sent to the i/o port along with a virtual boot sequence that includes at least
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`information that is representative of a number of sectors of a storage disk, would
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`have been obvious. Organization and naming benefits can be achieved using a file
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`system.
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`DASM-AD14 discloses an A/D converter that attaches to a host computer
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`via SCSI and emulates a disk drive. Takahashi discloses a scanning device that
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`attaches to a host computer via SCSI. Saito discloses an electronic imaging system
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`for capturing image data and filing the image data over a personal computer
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`network via SCSI. Each of the references provides teachings, suggestions and
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`motivations to combine their respective disclosures with Kawaguchi and
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`Matsumoto and with one another.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`Combining the features of Matsumoto discussed above and others3, as well
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`as combining the teachings of DASM-AD14, Takahashi, and Saito with
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`Kawaguchi and each other is proper because (a) it involves combining prior art
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`elements according to known methods to yield predictable results, (b) the
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`combination results in a simple substitution of one known element for another to
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`obtain predictable results, (c) the combination involves the use of a known
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`technique to improve similar devices, methods, or products in the same way,
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`(d) the combination involves applying a known technique to a known device,
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`method, or product ready for improvement to yield predictable results, (e) the
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`combination is obvious to try — it involves choosing from a finite number of
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`identified, predictable solutions, with a reasonable expectation of success, and (f)
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`the combination is proper because known work in one field of endeavor may
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`prompt variations of it for use in either the same field or a different one based on
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`design incentives or other market forces because the variations are predictable to
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`one of ordinary skill in the art. Id.
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`3 It is also proper to combine the sensor (facsimile device) feature, stand-alone
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`device feature and the use of a cable to connect SCSI interfaces feature taught by
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`Matsumoto in the Kawaguchi system for these reasons as well.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`In summary, each of the references disclose using standard SCSI commands
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`and/or drivers for the host to communicate with the relevant target device. Given
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`the similarities of their subject matter and teachings, it would have been readily
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`apparent and obvious to one skilled in the art to combine the teachings of each of
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`the references. Id., ¶¶85-91.
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`(a) Level of Skill
`A person of ordinary skill in the field, at the time the ’746 patent was
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`effectively
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`filed, possessed a working knowledge of devices such as
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`microprocessors, hard disks, and computer interfaces such as SCSI. Ex. 1204, ¶39.
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`He or she would also be familiar with associated software, including MS-DOS, MS
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`Windows 95, UNIX and SCSI software modules and drivers, associated file
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`systems (e.g., FAT), and device drivers. Ex. 1204, ¶39. A person of ordinary skill
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`at the relevant time (1996-1998) would have had at least a four-year degree in
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`electrical engineering, computer science, or related field of study, or equivalent
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`experience, and at least two years’ experience in studying or developing computer
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`interfaces or peripherals. Ex. 1204, ¶¶39-40.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`B. Challenged Claims
`Independent Claim 1
`1.
`(a) Preamble
`First part — “An analog data acquisition device
`(i)
`operatively connectable to a computer through
`a multipurpose interface of the computer”
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`Kawaguchi discloses “a SCSI device converter comprising: a SCSI interface
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`connected to a SCSI interface in an engineering workstation (EWS) ... a device
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`interface for connecting a peripheral device ... [and] a control unit for controlling
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`the transmission/reception of data between the EWS and the peripheral device ...”
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`Ex. 1207, claim 1. Kawaguchi further discloses that the “EWS includes, as a
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`standard interface, a SCSI interface used to connect hard disks and magnetic disk
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`drives.” Id., 3. The Kawaguchi SCSI device converter in cooperation with the
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`connected peripheral devices forms an analog data acquisition device that is
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`operatively connectable to a computer (i.e., EWS) through a multipurpose interface
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`(i.e., SCSI interface) of the computer. Ex. 1204, ¶¶92-99.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`(ii) Second part — “the computer having an
`operating system programmed so that, when
`the computer receives a signal from the device
`through
`said multipurpose interface of the
`computer indicative of a class of devices, the
`computer automatically activates a device
`driver corresponding to the class of devices for
`allowing the transfer of data between the device
`and the operating system of the computer, the
`analog data acquisition device comprising:”
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`As recited in Kawaguchi: “The following is an explanation of the operations
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`performed by a SCSI driver (software) of the EWS (1) ... The SCSI driver of the
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`EWS has been developed as a driver for connecting a hard disk. Therefore, the
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`apparatus in the present invention [i.e., the SCSI device converter] operates in a
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`manner emulating the hard disk. This processing procedure is performed according
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`to a flowchart shown in FIG. 2. In this flowchart, steps from ‘Start’ to ‘Mode
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`Sense’ represent an initialization process for a hard disk, ‘Inquiry’ represents
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`reporting of attribute information of a target and logical units (identification code
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`of a device type), ... In this way, the writing units and reading units (11) (12) (13)
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`(14) can be activated for the EWS (1). After the initialization process, the EWS (1)
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`performs writing to or reading from the writing units and reading units (11) (12)
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`(13) (14).” Ex. 1207, p. 7. Kawaguchi discloses that the EWS has an operating
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`system that is programmed to automatically activate its hard disk driver to allow
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`data transfer with the SCSI device converter’s writing and reading units after
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`receiving a response to the inquiry command through the EWS’s SCSI interface
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`indicating that hard disks are attached. Ex. 1204, ¶¶64-72, 85-91.
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`(b) First element — a program memory;
`Kawaguchi recites that “the SCSI device converter (3) also implements a
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`data writing unit (11), a data reading unit (12), a control data writing unit (13), an
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`interrupt data reading unit (14), a code converting unit (15), a control unit (16) and
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`an interrupt control unit (17) by using a microcomputer, ROM and RAM.” Ex.
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`1207, p. 5. The ROM and RAM provide program memory for the microcomputer.
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`Ex. 1204, ¶¶100-02.
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`(c)
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`Second element — an analog signal acquisition
`channel for receiving a signal from an analog source;
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`As illustrated in Fig. 1, Kawaguchi discloses a plurality of analog signal
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`acquisition channels: an I/O interface (9) for receiving a signal from Input device 5
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`and a channel that includes A/D converter (19) for “receiv[ing] analog data from
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`an analog device (18) such as a sensor.” Ex. 1207, p. 5 and Fig. 1. The Sensor 18
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`connected to A/D 19 and the Input device 5 connected to Device interface 9 are all
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`analog sources — they all generate analog data that is then digitized. Ex. 1204,
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`¶¶103-04.
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`(d) Third element — “a processor operatively interfaced
`with the multipurpose interface of the computer, the
`program memory, and a data storage memory when
`the analog data acquisition device is operational;”
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`Kawaguchi discloses a microcomputer, program memory, and data storage
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`memory within the SCSI device controller 3: “the SCSI device converter (3) also
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`implements a data writing unit (11), a data reading unit (12), a control data writing
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`unit (13), an interrupt data reading unit (14), a code converting unit (15), a control
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`unit (16) and an interrupt control unit (17) by using a microcomputer, ROM and
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`RAM.” Ex. 1207, p. 5. A microcomputer is a processor. Ex. 1204, ¶106.
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`Kawaguchi discloses a processor (microcomputer), program memory (ROM and
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`RAM), and data storage memory (RAM).
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`Because a microcomputer inherently and implicitly executes program
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`instructions which are stored in program memory such as ROM and/or RAM and
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`inherently and implicitly stores data in data storage memory such as RAM,
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`Kawaguchi discloses that when the analog data acquisition device (SCSI device
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`converter) is operational, the processor is operatively interfaced with the program
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`memory and a data storage memory. Ex. 1204, ¶¶105-107.
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`Kawaguchi discloses
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`that “the control unit (16) controls
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`the data
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`transmission/reception between the EWS and the peripheral devices.” Ex. 1207, p.
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`5. Because
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`the control unit
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`(16)
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`is
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`implemented using a processor
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`(microcomputer), Kawaguchi also discloses that when the analog data acquisition
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`device (SCSI device converter) is operational the processor is operatively
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`interfaced with the multipurpose interface of the computer (SCSI interface 2 of the
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`EWS). Ex. 1204, ¶¶105-107.
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`(e) Fourth element — “wherein the processor is
`configured and programmed to implement a data
`generation process by which analog data is acquired
`from the analog signal acquisition channel, the analog
`data is processed and digitized, and the processed and
`digitized analog data is stored in a file system of the
`data storage memory as at least one file of digitized
`analog data”
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`Kawaguchi discloses that sensor 18 generates analog data that are received
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`and processed by the A/D 19: “For example, an A/D converter (19) may be
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`installed to receive analog data from an analog device (18) such as a sensor.” Ex.
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`1207, p 5. and Fig. 1. Peripheral device 5, which is a sensor, also generates analog
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`data that are received and processed. Ex. 1204, ¶103. Kawaguchi discloses that
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`analog data is acquired from the analog signal acquisition channel. Id.
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`Kawaguchi discloses that the processor-implemented control unit controls
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`the input of data from the peripheral devices: “the control unit (16) controls the
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`input and output of data to the peripheral devices (4) (5) (6) via the device
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`interfaces (8) (9) (10).” Ex. 1207, p. 6. The processor-implemented control unit
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`retrieves data from a sensor (sensor 18 or sensor in peripheral device 5) via a
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`device interface (A/D 19 or device interface 9) and the data is digitized. Ex. 1204,
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`¶¶108-112. Thus, the processor is configured and programmed to implement a data
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,504,746
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`generation process by which analog data is acquired from the analog signal
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`acquisition channel and the analog data is processed and digitized. Id.
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`Kawaguchi discloses that “the code converting unit (15) converts the data
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`format between SCSI standards and device-interface bus standards.” Ex. 1207,
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`p. 5. The processor-implemented code converting unit processes the data (e.g.,
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`converts the data format) and during the processing stores the data in data storage
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`memory (e.g., RAM) as digitized analog data. Ex. 1204, ¶108.
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`Kawaguchi discloses
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`that “the control unit (16) controls
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`the data
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`transmission/reception between the EWS and the peripheral devices which is
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`performed by relaying the data [in] writing units and reading units” and “the
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`control unit (16) cont