`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of:
`
`Lebens et al.
`
`U.S. Patent No.:
`
`6,095,661
`
`
`
`Issue Date:
`
`August 1, 2000
`
`Appl. Serial No.:
`
`09/044,559
`
`Filing Date:
`
`March 19, 1998
`
`Title:
`
`METHOD AND APPARATUS FOR AN L.E.D.
`
`FLASHLIGHT
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 6,095,661 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`Exhibit LG-1003
`
`Declaration of Carney (“Carney Declaration”)
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK
`
`OFFICE
`
`In re Patent of:
`
`Lebens et al.
`
`U.S. Patent No.: 6,095,661
`
`
`
`Issue Date:
`
`August 1, 2000
`
`Appl. Serial No.: 09/044,559
`
`Filing Date:
`
`March 19, 1998
`
`Title:
`
`METHOD AND APPARATUS FOR AND L.E.D.
`
`FLASHLIGHT
`
`DECLARATION OF DR. P. SCOTT
`
`CARNEY
`
`
`
`
`
`1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit LG-1003 Page 1
`
`
`
`I.
`
`Introduction
`
`1. My name is Paul Scott Carney of Champaign Illinois. I understand that
`
`I am submitting a declaration offering technical opinions in connection with
`
`an Inter Partes Review petition being filed in the United States Patent and
`
`Trademark Office for U.S. Patent No. 6,095,661 (“the ’661 Patent”) by LG
`
`Electronics.
`
`2.
`
`I have over 30 years of professional and academic experience in the
`
`fields of physical optics, coherence theory, spectroscopy, device physics,
`
`electrical engineering, and engineering design and analysis. During these
`
`years, I have worked and otherwise interacted with professionals and
`
`students of various experience and expertise levels in these fields as well as
`
`the fields of circuit design, control (including PWM control), power
`
`electronics, sensors, and systems engineering.
`
`3.
`
`I am a Professor of Electrical and Computer Engineering, and hold
`
`appointments in Beckman Institute for Advanced Science and Technology,
`
`and Coordinated Science Laboratory at the University of Illinois at Urbana-
`
`Champaign. I teach regular university courses in graduate physical optics,
`
`innovation and engineering design, non-linear and quantum optics, and
`
`solid-state devices.
`
`4. My education includes: Ph.D. in Physics, University of Rochester,
`
`
`
`2
`
`Exhibit LG-1003 Page 2
`
`
`
`June 1999, thesis: Optical theorems in statistical wavefields with
`
`applications, advisor: Professor Emil Wolf; M.A. in Physics, University of
`
`Rochester, May 1996; B.S. in Engineering Physics, University of Illinois
`
`Urbana–Champaign, and May 1994.
`
`5.
`
`I have been the Editor-in-Chief of the Journal of the Optical Society
`
`of America, since January 2016 and served on the editorial staff of the
`
`journal since 2010.
`
`6. As detailed in my accompanying bio, my fields of research, include
`
`optimal diagnostics, tomography, and inverse scattering, spectroscopy and
`
`nonlinear optics, and I have published in various top-tier scientific and
`
`engineering journals .My research accomplishments include the following:
`
`•
`
`Invented a new kind of transistor based on control of quantum
`
`tunneling current
`
`•
`
`Discovery of a correlation-induced spectral shifts in ultra-fast pulse
`
`trains;
`
`•
`
`Put the so-called transflection and transmission modalities of FTIR
`
`spectroscopy on common footing through a first-principles analysis and
`
`demonstrated the calculation of one type of spectra from the other in
`
`experiments;
`
`•
`
`Showed that apparent structure and spectra strongly influence each
`
`
`
`3
`
`Exhibit LG-1003 Page 3
`
`
`
`other in FTIR imaging;
`
`•
`
`Described fundamental challenges in the interplay of spectroscopy and
`
`instrument design;
`
`•
`
`Developed a new method to incorporate prior information to recover
`
`structure and composition simultaneously in broad-band optical imaging;
`
`•
`
`Explained the competition between enhancement and extinction in
`
`SERS;
`
`•
`
`Discovered a new behavior of the optical gain in four-wave mixing at
`
`high pump intensities.
`
`7.
`
`I hold 15 patents on various inventions relating to multiple aspects of
`
`advanced optics and microscopy.
`
`8.
`
`In addition to my academic credentials, I am a Fellow of the Optical
`
`Society, and a Fellow of the American Institute of Medical and Biological
`
`Engineering. I have been awarded the Society for Applied Spectroscopy
`
`William F. Meggers Award, and the Federation of Analytical Chemistry and
`
`Spectroscopy Societies Innovation Award. For my career accomplishments as a
`
`scholar and educator the University of Illinois named me a University Scholar.
`
`9.
`
`I have been retained on behalf of LG Electronics. My compensation is
`
`hourly and unaffected by the substance or outcome of my opinions or this
`
`proceeding.
`
`
`
`4
`
`Exhibit LG-1003 Page 4
`
`
`
`10.
`
`I have reviewed the content of the ’661 Patent, including the claims of
`
`the patent in view of the specification. In addition, I have reviewed the
`
`following documents: U.S. Patent No. 4,514,727 (“Van Antwerp”); The Process
`
`and efficiency of ultraviolet generation from gallium nitride blue light emitting diodes,
`
`Appl. Phys. Lett. 71(10), 8 September 1997, American Institute of Physics (“Basrur”);
`
`U.S. Patent No. 4,499,525 (“Mallory”); U.S. Patent No. 5,010,412
`
`(“Garriss”); U.S. Patent No. 5,783,909 (“Hochstein”); Linear Technologies
`
`Application Note 59 (“LT1300”); F. Bosch and T. Nguyen, “Method for
`
`controlling the amplitude of an optical signal,” Dec. 13 1994, US Patent
`
`5,373,387 (“Bosch’’); Joseph R. Davis, ASM Materials Engineering
`
`Dictionary, ASM International, Jan 1, 1992; and United States Patent,
`
`5,590,144, Kitamura, December 31, 1996 entitled “Semiconductor Laser
`
`Device”. I am informed that all of these references qualify as prior art
`
`publications before the effective filing date of the ‘661 patent on March 19,
`
`1998.
`
`11.
`
`I have been asked to evaluate the validity of Claim 34, 36 of the ‘661
`
`Patent.
`
`
`
`a.
`
`Claim 34 reads: “An illumination source, comprising: (a) a
`
`light-emitting diode (LED) housing comprising one or more LEDs; and (b)
`
`an electrical control circuit that selectively applies pulsed power from a DC
`
`
`
`5
`
`Exhibit LG-1003 Page 5
`
`
`
`voltage source of electric power to the LEDs to control a light output color
`
`spectrum of the one or more LEDs and maintain a predetermined light
`
`output level of the LED units as a charge on the DC voltage source varies;”
`
`
`
`b.
`
`Claim 36 reads: “The illumination source of claim 34, wherein:
`
`the one or more LEDs comprise one or more LEDs each having a
`
`characteristic color spectrum output that varies based on applied current; and
`
`wherein the control circuit controls a pulse current in order to control the
`
`characteristic color spectrum output.”
`
`
`
`My findings, as explained below, are further based on my education,
`
`experience, and background in the fields discussed above as viewed by one
`
`having ordinary skill in the art at issue.
`
`
`
`
`
`II. Discussion of the Technology of the ’661 Patent
`
`12. The subject claims 34-36 of the ‘661 patent identify a specific use and
`
`embodiment of the alleged invention specifically comprising control of the
`
`color spectrum for the use of LEDs for specialized purposes, such as
`
`underwater light source usages, to view fluorescing materials, taggants,
`
`stamps, security codes and seals and to do so in some cases via UV light
`
`generated from blue LEDs. It specifically discloses the use of a Gallium
`
`Nitride LED with “pulses of sufficiently high current to blue-shift the output
`
`6
`
`Exhibit LG-1003 Page 6
`
`
`
`and sufficiently short duration to maintain a constant light intensity while
`
`shifting the color spectrum from blue to ultraviolet” (6: 22-52, emphasis
`
`added).
`
`13.
`
`The initial focus of the ‘661 Patent is the maintenance of output or
`
`brightness of LEDs as an illumination source. By way of background
`
`brightness of a light-emitting diode (LED) or incandescent lamp such as a
`
`flashlight bulb, as seen by the human eye, is determined by the average
`
`power applied to the light-producing device (generically referred to as simply
`
`the “lamp” in this declaration). I use the term “average power” here to
`
`distinguish from the instantaneous power applied over a short time interval.
`
`Often, the “average power” is simply referred to as the “power.” For lighting
`
`devices such as LED and incandescent lamps, what matters is average power
`
`and not instantaneous power. That is, even if the power fluctuates rapidly,
`
`the human eye cannot detect the fluctuations. Rather, the human eye sees the
`
`average light produced by the average power over time. Standard household
`
`dimmers work on this principle. When a house light is dimmed, the peak
`
`voltage is not reduced. Instead, power to the light is reduced by rapidly
`
`turning on and off the electric current to the light at a frequency that is too
`
`fast for the human eye to discern. The longer the time period of no current,
`
`the dimmer the light becomes.
`
`
`
`7
`
`Exhibit LG-1003 Page 7
`
`
`
`14.
`
`The ’661 Patent also includes embodiments for maintaining constant
`
`perceived light output from a lamp. In the ’661 Patent, the particular
`
`disclosed lamp is an LED lamp, but the disclosed concepts are equally
`
`suitable for other types of lamps as well. In the first embodiment, constant
`
`perceived light output is maintained by applying repetitive pulses to the lamp
`
`(often referred to as a “pulse train”) consisting of “on” and “off” intervals
`
`during which power is applied (in the form of pulses), then not applied, to the
`
`lamp. The percentage of time that voltage is applied to the lamp compared to
`
`the overall cycle period is called the duty cycle of the pulse train. The
`
`average voltage integrated over time is described by the formula: V avg. =
`
`Duty Cycle x V pulse. Increasing the duty cycle increases the “on time” of
`
`the pulse to the lamp.
`
`15. One embodiment of the ’661 Patent discloses the method of
`
`measuring the voltage of the battery powering the lamp and adjusting the
`
`duty cycle so that the average voltage remains constant, even as the battery
`
`voltage decreases over time, i.e., as the battery discharges. Specifically, as
`
`the battery voltage diminishes, the duty cycle is increased, thereby elongating
`
`the pulses to the lamp. The adjustment to the duty cycle is made in such a
`
`way that the average power to the lamp remains constant, and hence the light
`
`intensity also appears constant to the human eye.
`
`
`
`8
`
`Exhibit LG-1003 Page 8
`
`
`
`16. A battery voltage measuring circuit is disclosed in Fig. 4 of the ’661
`
`Patent. The circuit uses a voltage reference at box 432 which is labeled
`
`“Constant Voltage” which is fed into box 434 labeled Pulse Width
`
`Modulator. The patent states that the Pulse Width Modulator uses a standard
`
`555-type timer circuit. (LG 1001, 11:7). As explained in the patent, as the
`
`battery voltage decreases, the reference voltage will appear proportionally
`
`higher, thereby causing the pulse widths to increase. The operation of the 555
`
`timer was widely known and used by those skilled in the art and disclosed in
`
`numerous references, including the Philips Semiconductor Application Note
`
`AN170 from 1988. (LG 1013). As explained in that Application Note, a
`
`pulse width modulator may be configured similarly to what is shown in Fig.
`
`4 of the ’661 Patent. The clock, or “trigger”, is connected to pin 2 and sets
`
`the cycle time, the voltage reference (modulation input) is connected to pin 5
`
`and the output appears on pin 3. In addition, a threshold pin would be
`
`connected to an RC (resistor-capacitor) circuit that would establish the pulse
`
`width based on the supply voltage. (See Figure 12, LG 1013). Inside the 555-
`
`type timer, the voltage at the threshold pin (which is a function of supply
`
`voltage) is compared to the modulator reference voltage. In this case, the
`
`“modulating” signal is really the supply voltage to the 555 chip, i.e., the
`
`battery supply voltage, that is variable. Consistent with the description in the
`
`
`
`9
`
`Exhibit LG-1003 Page 9
`
`
`
`’661 Patent, if the supply voltage drops in a 555-type PWM circuit, the time
`
`to reach the control voltage increases, thereby increasing the pulse width.
`
`Thus, in the ’661 Patent, the battery voltage is measured by comparing the
`
`voltage of a circuit connected to the battery (presumably an RC circuit) to a
`
`constant reference voltage.
`
`17. Another embodiment measures the actual average light output
`
`produced by the lamp and increases the pulse width as the light output drops,
`
`thus increasing the pulse energy over what it would have been absent the
`
`pulse width change, and thereby keeping the light intensity constant.
`
`Specifically, the patent states: “In one embodiment, the invention measures
`
`battery voltage and in turn regulates the LED intensity. In another
`
`embodiment, the present invention uses a light sensing device such as a light-
`
`sensing transistor or light detecting diode (LDD) in proximity to the output
`
`LED(s) to measure the average brightness and further regulate the LEDs’
`
`output.” (5:61-67, LG 1001)
`
`18.
`
`In one circuit of the ’661 Patent, a microprocessor is used to
`
`selectively apply power to the LEDs, that is, to turn the LEDs on and off. It
`does this by setting the state of its various I/O pins. I/O stands for
`
`“input/output”. When a pin is set as an input, the microcontroller can use it to
`
`read in information (not relevant to the embodiment of Fig. 2). Conversely
`
`
`
`10
`
`Exhibit LG-1003 Page 10
`
`
`
`when that same pin is set as an output pin, the microcontroller can use it to
`
`control things, in this case the on/off state of an LED connected to that pin.
`
`The microprocessor can set a pin to high state (voltage present), low state
`
`(voltage is zero), or, in some cases, tri-state (essentially connected to
`
`nothing). As the patent explains, “The PIC16C62X [microcontroller]
`
`contains . . . 13 input/output (I/O) pins each capable of direct LED driving of
`
`25 mA source or sink.” (LG 1001, 8:39-42).
`
`19.
`
`In the embodiment of Fig. 2, LEDs are connected between Vout (the
`
`source of electricity) and one microprocessor pin each. When a given pin is
`
`set to high by the microprocessor, no current can flow from Vout through its
`
`LED. Conversely, when the microprocessor sets the same pin low, then
`
`current can flow from Vout and illuminate the LED.
`
`20. The Relationship Between Color and Current: The ’661 Patent
`
`also discloses that there is a direct relationship between the current through
`
`an LED and the color spectrum of an LED. For example, the ‘661 Patent,
`
`includes Figure 6 which discloses the color spectrum at six different LED
`
`current levels. The ’661 Patent acknowledges that the relationship between
`
`current and color spectrum was known in the prior art, as disclosed in M.
`
`Schauler et al, “GaN based LED’s with different recombination zones,” MSR
`
`Internet Journal of Nitride Research, Volume 2 Article 44. (LG 1009).
`
`
`
`11
`
`Exhibit LG-1003 Page 11
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`21. Pulse Height: The ’661 Patent discusses the application of pulses to
`
`an LED. The “height” of a pulse is related to the instantaneous power that the
`
`pulse delivers to the LED. Specifically, at any point in time, the
`
`instantaneous power into an LED (or set of LEDs) will be equal to the
`
`product of voltage (potential energy) applied across the LED times the
`
`current (flow of electrons) going through it. LED control circuits may adjust
`
`LED power by controlling either the voltage applied to each LED or the
`
`current forced to flow through them. When LED voltage is held constant, the
`
`
`
`12
`
`Exhibit LG-1003 Page 12
`
`
`
`LED properties (its voltage/current formula) will determine what current
`
`flows. Conversely, if current is held constant, the LED will determine what
`
`voltage develops across it. The ’661 patent discloses both types of LED
`
`pulse- control methods. For example, Figures 2 (below) and 3 of the ’661
`
`patent disclose control of the pulse voltage applied to the LEDs.
`
`
`
`22. The `661 patent recognizes that the color spectrum of the LED is
`
`dependent on pulse height (amplitude). (LG 1001, Col. 12: 5-14, and Fig.6):
`
`“By controlling the amount of current (the height of each pulse), the color
`
`spectrum of the output light can be adjusted (i.e., for the above described
`
`LED, the color spectrum center wavelength is adjustable from 440 nm blue
`
`to 380 nm ultraviolet), and by simultaneously controlling pulse width
`
`
`
`13
`
`Exhibit LG-1003 Page 13
`
`
`
`and/or pulse frequency, the intensity can also be controlled (i.e., one can
`
`vary the intensity, or even keep a constant intensity as the pulse height is
`
`adjusted to change color output), e.g., by varying pulse width to provide a
`
`constant perceived or average intensity even as the color changes.”
`
`As will be discussed further below, the need to control color spectrum by
`
`controlling pulse height and the control of light intensity using both a PWM
`
`control circuit and pulse amplitude were addressed in a number of
`
`technologies well-known to electrical engineers prior to the time of the `661
`
`filing in 1998, particularly a pulse width amplitude modulation (PWAM)
`
`circuit as taught in Bosch (1993). (LG 1015).
`
`23.
`
`In Figure 2 of the ‘661, the LEDs are connected between Vout, which
`
`is essentially equal to the battery voltage (although a bit lower due to the
`
`small fixed voltage drop across the transistor between Vin and Vout), and the
`
`I/O pin of the PIC16C62X microprocessor which, when set to its low state, is
`
`fixed at 0.6 volts. (The datasheet for the PIC16C62X microprocessor is
`
`attached as Exhibit 2 to this Declaration, LG 1014) I note that the datasheet
`
`specifies that the “absolute maximum” current into (or out of) any single I/O
`
`pin of the PIC16C62X is 25 mA. This number can be found on the datasheet
`
`under the section: Absolute Maximum Ratings.” (Ex. 2, p. 79) When an I/O
`
`pin is forced low (to 0.6 V), current will flow from the power supply Vout
`
`
`
`14
`
`Exhibit LG-1003 Page 14
`
`
`
`via the LED, and then into the I/O pin. Because current is flowing into the
`
`pin, the pin is said to be “sinking’ current. In contrast, when an LED is
`
`connected from an I/O pin to ground, such that current flows from the pin in
`
`its high state (e.g., at 5 V) into the LED, and then to ground, the pin is said to
`
`be “sourcing” current.
`
`24.
`
`In Figure 2 of the ’661 Patent, Vout is equal to the battery voltage
`
`(Vin) less the voltage drop across one transistor. Figure 3 likewise discloses
`
`a circuit that provides this same voltage to the LEDs. In Figure 2, the other
`
`end of the LEDs connects to an I/O pin on the microprocessor for pulse
`
`control, which is set at 0.6V by the PIC16C62X when the I/O pin is pulled
`
`low. Figure 3 discloses a discrete MOSFET for pulse control that
`
`accomplishes this same task. In contrast, Figure 7 in the ’661 Patent shows a
`
`circuit in which LED current control is implemented by the addition of BJT
`
`transistor 755. The MOSFET-based LED driver portion of the circuit in
`
`Figure 7 is similar to that found in Fig. 3 except for the addition of this
`
`current control, via the BJT transistor 755, to the pulse control already
`
`provided via MOSFET 750.
`
`25. Accordingly, the pulse height for Figures 2 and 3 is best expressed in
`
`terms of the controlled voltage (because the amount of current will be
`
`determined by the LED selected), whereas the pulse height for Figure 7
`
`
`
`15
`
`Exhibit LG-1003 Page 15
`
`
`
`(below) is best expressed in terms of the controlled current, which is
`
`independent of LED selection (for this circuit, it is the voltage that will
`
`depend on the LED selection).
`
`
`
`26. For any LED, there will be a known relationship between voltage and
`
`current (subject to LED degradation and temperature variations). The exact
`
`relationship, however, can vary from LED to LED. Accordingly, when
`
`voltage control is used, for any voltage there will be a corresponding current
`
`through the LED, but before a specific LED is chosen, the specific current
`
`would be unknown. Likewise, with current control, the resultant voltage
`
`across the LED would not be known until the specific LED is chosen. In
`
`summary, “pulse height” is best expressed either in terms of voltage or
`
`current, depending on what control mechanism is used, with the other one of
`
`these two variables being determined by the properties of the LED.
`
`
`
`16
`
`Exhibit LG-1003 Page 16
`
`
`
`27.
`
`In the ’661 Patent, the phrase “pulse height” is not explicitly used with
`
`reference to Figures 2 and 3, but is used with reference to Figure 7, which is
`
`the current control embodiment. With reference to the current control
`
`embodiment, the ’661 Patent states: “By controlling the amount of current
`
`(the height of each pulse), the color spectrum of the output light can be
`
`adjusted ” (LG 1001, 12:5-6). Therefore, in that embodiment, pulse height is
`
`referenced to as current so that there is a definite relationship between pulse
`
`height and color spectrum.
`
`28. Pulse Energy and Intensity or Perceived Brightness: The intensity/
`
`brightness of an LED, as perceived by the human eye, is determined by the
`
`average power it receives over time. For repetitive pulses of a specific
`
`energy, the number of pulses provided to the LED per second (i.e., pulse
`
`frequency) will determine its average power, and hence its output or
`
`perceived brightness. The energy of a single pulse can be changed via at least
`
`one (or both) of pulse width (duration) and pulse height. This is true whether
`
`pulse height is described in terms of voltage or current because, for a given
`
`LED, there will be a direct relationship between voltage and current. As
`
`voltage increases, so will the current through the LED, and as the current
`
`increases, so will the voltage across the LED. The actual energy equation
`
`would be: Energy = pulse width (duration) x pulse voltage (a parameter
`
`
`
`17
`
`Exhibit LG-1003 Page 17
`
`
`
`related to pulse height) x pulse current (another parameter related to pulse
`
`height). This is because power = current x voltage. Holding all other factors
`
`equal, an increase in energy per pulse results in increased output or perceived
`
`brightness, whereas a decrease in energy per pulse results in a decrease .
`
`29. Turning again to the ‘661 Patent, assuming no other variations (such
`
`as temperature and LED degradation, both of which may affect brightness),
`
`pulse energy and LED intensity are directly related. Thus, to maintain an
`
`average light output at fixed pulse frequency, the pulse energy to the LED
`
`must likewise be maintained.
`
`30.
`
`In the ’661 Patent when it says “maintain[ing] a predetermined light
`
`output level….as a charge on the DC voltage source varies.” (Claim 34), it is
`
`in this context understood by one having ordinary skill in the art that charge
`
`and voltage are interchangeable. That is, the “charge” on a battery refers to
`
`its voltage, and this is the plain and ordinary meaning. This is bolstered by the
`
`specification to one of ordinary skill in the art before the filing of the ‘661
`
`Patent would recognize that as the battery discharges, the instantaneous
`
`voltage provided to the LEDs drops, which would cause a corresponding
`
`decrease in LED current absent some correction from the control circuit.
`
`Accordingly, absent a correction from a control circuit, the voltage and
`
`current drop caused by the battery voltage drop, in turn, causes a
`
`
`
`18
`
`Exhibit LG-1003 Page 18
`
`
`
`corresponding drop in the pulse energy. If the pulse width remains constant,
`
`the drop in pulse height (and its corresponding voltage and current) results in
`
`a drop in pulse energy, which in turn results in a drop in the light output from
`
`the LED.
`
`31. The function of the control circuit is to correct for this pulse energy
`
`drop caused by the drop in the voltage of the battery cell. The control circuit
`
`increases the pulse width for the available pulse height in order to increase
`
`the pulse energy compared to what it would have been at the lower battery
`
`voltage absent the control circuit. If pulse height remains constant, then
`
`increasing pulse width will inherently increase pulse energy (by increasing
`
`the product of voltage x current x pulse width, or “area” under the pulse).
`
`Using pulse-width adjustment, the pulse energy is increased back to what it
`
`would have been had the voltage of the battery cell not decreased. The
`
`increase in or adjustment of pulse energy in the claims refers to the relative
`
`change in pulse energy over what it would have been absent pulse control,
`
`and not an actual change in energy from one pulse to a successive pulse.
`
`32.
`
`In summary, it is important to understand that the “increase” in pulse
`
`energy is not perceptible to the user while the circuit is in operation because
`
`the control circuit compensates faster than is perceptible by humans. As
`
`battery voltage drops, tending to decrease pulse energy, the pulse energy is
`
`
`
`19
`
`Exhibit LG-1003 Page 19
`
`
`
`instead effectively instantly increased by increasing the pulse width to
`
`compensate for the drop in battery voltage. The user sees constant brightness
`
`because the energy per pulse remains essentially constant from pulse to
`
`pulse, as the control circuit is instantly increasing the pulse width and,
`
`therefore, the pulse energy over what it would have been if the pulse width
`
`had not been increased.
`
`33. For example, the ’661 Patent specification describes the compensation
`
`for dropping battery voltage at column 11, lines 20-24: “As the battery power
`
`is drained, the voltage of Vout decreases, and the pulse width increases. In
`
`this way, pulse width increases as battery voltage decreases, thus
`
`compensating at least partially for the reduced peak intensity of the LEDs at
`
`lower voltage.” One of ordinary skill in the art prior to the time of the filing
`
`of the ‘390 Patent, would inherently also know that this pulse train control is
`
`not limited to usefulness in voltage decrease circumstances but can likewise
`
`be applied by an increase in the pulse train to increase light intensity above
`
`its then present output
`
`34. One of ordinary skill in the art prior to the time of the effective filing
`
`date of the ’661 Patent would have understood that “adjusting a pulse
`
`energy” or “increasing a pulse energy” to maintain LED light output or LED
`
`light intensity means adjusting or increasing pulse energy over what it would
`
`
`
`20
`
`Exhibit LG-1003 Page 20
`
`
`
`have been had battery voltage been allowed to drop without any correction
`
`by a control circuit. One of ordinary skill in the art at the time of the effective
`
`filing date of the ’661 patent would have known that one cannot increase
`
`pulse energy such that sequential pulses have greater energy than preceding
`
`pulses and maintain a constant light output. Accordingly, one of ordinary
`
`skill in the art at the time of the effective filing date of the ’661 Patent would
`
`have understood that the ‘661 patent maintains light output by maintaining
`
`pulse energy from pulse to pulse, and does so by increasing pulse energy (by
`
`increasing pulse width) over what the pulse energy would have been had the
`
`pulse width not been increased.
`
`35.
`
`In the ’661 Patent specification, the LEDs are connected to a battery
`
`voltage (or a small fixed drop from battery voltage) (see, e.g., Figures 2, 3, 4,
`
`7, and 8). Because battery voltage declines gradually as a battery discharges,
`
`if the frequency of the pulses and their pulse widths are held constant, the
`
`energy per pulse (and thus perceived LED brightness) will also decline. It
`
`follows that, without compensation, the output and perceived brightness of
`
`the LED will noticeably decline in short order. The ’661 Patent teaches that
`
`this problem may be solved by a system in which pulse width is increased
`
`such that the energy of the pulses is increased as compared to the energy that
`
`would have resulted absent the pulse width adjustment. (see, e.g., col. 11,
`
`
`
`21
`
`Exhibit LG-1003 Page 21
`
`
`
`lines 20-24). Likewise the `661 patent recognizes that the color spectrum of
`
`the LED is dependent on pulse height (amplitude).
`
`
`
`III. Level of a Person of Ordinary Skill in the Art
`
`36.
`
`I believe that one of ordinary skill in the art at the time of the effective
`
`filing date of the ’661 Patent would have had a bachelor’s degree in electrical
`
`engineering and at least one year of experience designing electronic circuits,
`
`including power control circuits such as pulse width modulators, or at least
`
`one year of post-graduate study in electrical engineering.
`
`
`
`IV. Key Claim Constructions for Claim 34
`
`37.
`
`I have reviewed the claim constructions made in the prior -610 and -
`
`590 IPR proceedings on the ‘661 patent . I concur with the following
`
`findings on claim construction made by the PTAB:
`
`a.
`
`“maintain a predetermined light output level,” is “to keep the light
`
`output level in a state of the light output level settled in advance.”
`
`b .
`
`“A light- emitting diode (LED) housing” is “[A]n object, such as a
`
`flat disk, structured to mount one or more LEDs.”
`
`c.
`
`“Selectively applies . . . [power]” is “Alternately applying and
`
`removing [power].”
`
`
`
`22
`
`Exhibit LG-1003 Page 22
`
`
`
`d.
`
`“Pulsed” is “[P]eriodic changes from off to on or from on to off.”
`
`[LG 1011, LG 1012; see LG 1012, 2014-00590 IPR Institution Order, at 10]
`
`
`
`
`
`
`
`V.
`
`Summary of My Opinion Regarding Obviousness of Claims 34 and 36
`
`of the ‘661 Patent
`
`38. Claims 34, 36 are obvious to one having ordinary skill in the art prior
`
`to the filing of the ‘661:
`
`a.
`
`b.
`
` over Van Antwerp with Bosch in view of Basrur; and
`
`over Mallory and Garriss with Bosch in view of Basrur.
`
`39. The ‘661 patent in column 6:22-52 identifies an embodiment of the
`
`invention specifically comprising the language of the subject claims 34-36,
`
`to use various LEDs for specialized lighting purposes, such as underwater
`
`light source usages, to view fluorescing materials, taggants, stamps, security
`
`codes and seals and to control the color spectrum via conversion to UV light
`
`from blue LEDs. It specifically discloses the use of a Gallium Nitride LED
`
`with “pulses of sufficiently high current to blue-shift the output and
`
`sufficiently short duration to maintain a constant light intensity while
`
`shifting the color spectrum from blue to ultraviolet”. (LG 1001, emphasis
`
`added). The ’661 Patent also acknowledges that the relationship between
`
`
`
`23
`
`Exhibit LG-1003 Page 23
`
`
`
`current and color spectrum was known in the prior art, as disclosed in LG
`
`1009 M. Schauler et al, “GaN based LED’s with different recombination
`
`zones,” MSR Internet Journal of Nitride Research, Volume 2 Article 44. (LG
`
`1001, col. 11: 52-63). It also was widely known before 1998 among those
`
`having ordinary skill in the art that if you adjust the current, you will adjust
`
`the color spectrum of the LEDs, and conversely, if you maintain a constant
`
`current, you will maintain the color spectrum of the LEDs. Accordingly, the
`
`prior art taught maintaining or adjusting current to maintain or adjust LED
`
`color spectrum.
`
`40. This specialized lighting need or problem was known before 1998.
`
`The rationale to combine or modify prior art references identified is strong
`
`and called out specifically by the prior art, as the references seek to solve the
`
`same problem the patent owner alleges he has solved in the application of
`
`these specialized purposes. The prior art and the patent all come from the
`
`same general illumination optics field and correspond well. The methods of
`
`the prior art combine to yield predictable results in a known way. All relate
`
`to diminishing DC power available to lighting, and the consequences of such
`
`variation of power to light intensity and color, and the usage of pulse and
`
`amplitude control to make necessary adjustments.
`
`41. These conclusions are based on the following svnopsis of my opinion:
`
`
`
`24
`
`Exhibit LG-1003 Page 24
`
`
`
`
`
`a. “a light-emitting diode (LED) housing comprising one or more
`
`LEDs” – VanAntwerp discloses a LED housing comprising one
`
`or more LEDs, as do many other pieces of prior art.1 I concur.
`
`Likewise Garriss discloses an LED housing.
`
`
`1Case IPR2013-00610, (LG 1011) at p. 16: “For purposes of this Decision, the
`Board is persuaded by Petitioner’s arguments, supported by the claim charts and
`other evidence, explaining how Van Antwerp describes the subject matter reci
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
