throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of:
`
`Lebens et al.
`
`U.S. Patent No.: 6,488,390
`
`
`
`Issue Date:
`
`December 3, 2002
`
`Appl. Serial No.: 09/978,760
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`Filing Date:
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`October 16, 2001
`
`Title:
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`COLOR-ADJUSTED CAMERA LIGHT AND METHOD
`
`
`
`
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`
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`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
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`NO. 6,488,390 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
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`
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`
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`Exhibit LG-1003
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`Declaration of Carney
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`

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`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:
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`March 19, 1998
`
`Title:
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`METHOD AND APPARATUS FOR AND L.E.D.
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`FLASHLIGHT
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`DECLARATION OF DR. P. SCOTT
`
`CARNEY
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`1
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`Exhibit LG-1003 Page 1
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`I.
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`Introduction
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`1. My name is Paul Scott Carney of Champaign Illinois. I understand that
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`I am submitting a declaration offering technical opinions in connection with
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`an Inter Partes Review petition being filed in the United States Patent and
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`Trademark Office for U.S. Patent No. 6,095,661 (“the ’661 Patent”) by LG
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`Electronics.
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`2.
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`I have over 30 years of professional and academic experience in the
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`fields of physical optics, coherence theory, spectroscopy, device physics,
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`electrical engineering, and engineering design and analysis. During these
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`years, I have worked and otherwise interacted with professionals and
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`students of various experience and expertise levels in these fields as well as
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`the fields of circuit design, control (including PWM control), power
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`electronics, sensors, and systems engineering.
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`3.
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`I am a Professor of Electrical and Computer Engineering, and hold
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`appointments in Beckman Institute for Advanced Science and Technology,
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`and Coordinated Science Laboratory at the University of Illinois at Urbana-
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`Champaign. I teach regular university courses in graduate physical optics,
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`innovation and engineering design, non-linear and quantum optics, and
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`solid-state devices.
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`4. My education includes: Ph.D. in Physics, University of Rochester,
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`2
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`Exhibit LG-1003 Page 2
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`June 1999, thesis: Optical theorems in statistical wavefields with
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`applications, advisor: Professor Emil Wolf; M.A. in Physics, University of
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`Rochester, May 1996; B.S. in Engineering Physics, University of Illinois
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`Urbana–Champaign, and May 1994.
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`5.
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`I have been the Editor-in-Chief of the Journal of the Optical Society
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`of America, since January 2016 and served on the editorial staff of the
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`journal since 2010.
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`6. As detailed in my accompanying bio, my fields of research, include
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`optimal diagnostics, tomography, and inverse scattering, spectroscopy and
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`nonlinear optics, and I have published in various top-tier scientific and
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`engineering journals .My research accomplishments include the following:
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`•
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`Invented a new kind of transistor based on control of quantum
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`tunneling current
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`•
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`Discovery of a correlation-induced spectral shifts in ultra-fast pulse
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`trains;
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`•
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`Put the so-called transflection and transmission modalities of FTIR
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`spectroscopy on common footing through a first-principles analysis and
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`demonstrated the calculation of one type of spectra from the other in
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`experiments;
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`•
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`Showed that apparent structure and spectra strongly influence each
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`3
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`Exhibit LG-1003 Page 3
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`other in FTIR imaging;
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`•
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`Described fundamental challenges in the interplay of spectroscopy and
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`instrument design;
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`•
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`Developed a new method to incorporate prior information to recover
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`structure and composition simultaneously in broad-band optical imaging;
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`•
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`Explained the competition between enhancement and extinction in
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`SERS;
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`•
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`Discovered a new behavior of the optical gain in four-wave mixing at
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`high pump intensities.
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`7.
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`I hold 15 patents on various inventions relating to multiple aspects of
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`advanced optics and microscopy.
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`8.
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`In addition to my academic credentials, I am a Fellow of the Optical
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`Society, and a Fellow of the American Institute of Medical and Biological
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`Engineering. I have been awarded the Society for Applied Spectroscopy
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`William F. Meggers Award, and the Federation of Analytical Chemistry and
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`Spectroscopy Societies Innovation Award. For my career accomplishments as a
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`scholar and educator the University of Illinois named me a University Scholar.
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`9.
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`I have been retained on behalf of LG Electronics. My compensation is
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`hourly and unaffected by the substance or outcome of my opinions or this
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`proceeding.
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`4
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`Exhibit LG-1003 Page 4
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`10.
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`I have reviewed the content of the ’661 Patent, including the claims of
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`the patent in view of the specification. In addition, I have reviewed the
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`following documents: U.S. Patent No. 4,514,727 (“Van Antwerp”); The Process
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`and efficiency of ultraviolet generation from gallium nitride blue light emitting diodes,
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`Appl. Phys. Lett. 71(10), 8 September 1997, American Institute of Physics (“Basrur”);
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`U.S. Patent No. 4,499,525 (“Mallory”); U.S. Patent No. 5,010,412
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`(“Garriss”); U.S. Patent No. 5,783,909 (“Hochstein”); Linear Technologies
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`Application Note 59 (“LT1300”); F. Bosch and T. Nguyen, “Method for
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`controlling the amplitude of an optical signal,” Dec. 13 1994, US Patent
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`5,373,387 (“Bosch’’); Joseph R. Davis, ASM Materials Engineering
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`Dictionary, ASM International, Jan 1, 1992; and United States Patent,
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`5,590,144, Kitamura, December 31, 1996 entitled “Semiconductor Laser
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`Device”. I am informed that all of these references qualify as prior art
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`publications before the effective filing date of the ‘661 patent on March 19,
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`1998.
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`11.
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`I have been asked to evaluate the validity of Claim 34, 36 of the ‘661
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`Patent.
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`
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`a.
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`Claim 34 reads: “An illumination source, comprising: (a) a
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`light-emitting diode (LED) housing comprising one or more LEDs; and (b)
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`an electrical control circuit that selectively applies pulsed power from a DC
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`5
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`voltage source of electric power to the LEDs to control a light output color
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`spectrum of the one or more LEDs and maintain a predetermined light
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`output level of the LED units as a charge on the DC voltage source varies;”
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`
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`b.
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`Claim 36 reads: “The illumination source of claim 34, wherein:
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`the one or more LEDs comprise one or more LEDs each having a
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`characteristic color spectrum output that varies based on applied current; and
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`wherein the control circuit controls a pulse current in order to control the
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`characteristic color spectrum output.”
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`
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`My findings, as explained below, are further based on my education,
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`experience, and background in the fields discussed above as viewed by one
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`having ordinary skill in the art at issue.
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`
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`II. Discussion of the Technology of the ’661 Patent
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`12. The subject claims 34-36 of the ‘661 patent identify a specific use and
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`embodiment of the alleged invention specifically comprising control of the
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`color spectrum for the use of LEDs for specialized purposes, such as
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`underwater light source usages, to view fluorescing materials, taggants,
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`stamps, security codes and seals and to do so in some cases via UV light
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`generated from blue LEDs. It specifically discloses the use of a Gallium
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`Nitride LED with “pulses of sufficiently high current to blue-shift the output
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`6
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`Exhibit LG-1003 Page 6
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`and sufficiently short duration to maintain a constant light intensity while
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`shifting the color spectrum from blue to ultraviolet” (6: 22-52, emphasis
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`added).
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`13.
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`The initial focus of the ‘661 Patent is the maintenance of output or
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`brightness of LEDs as an illumination source. By way of background
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`brightness of a light-emitting diode (LED) or incandescent lamp such as a
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`flashlight bulb, as seen by the human eye, is determined by the average
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`power applied to the light-producing device (generically referred to as simply
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`the “lamp” in this declaration). I use the term “average power” here to
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`distinguish from the instantaneous power applied over a short time interval.
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`Often, the “average power” is simply referred to as the “power.” For lighting
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`devices such as LED and incandescent lamps, what matters is average power
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`and not instantaneous power. That is, even if the power fluctuates rapidly,
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`the human eye cannot detect the fluctuations. Rather, the human eye sees the
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`average light produced by the average power over time. Standard household
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`dimmers work on this principle. When a house light is dimmed, the peak
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`voltage is not reduced. Instead, power to the light is reduced by rapidly
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`turning on and off the electric current to the light at a frequency that is too
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`fast for the human eye to discern. The longer the time period of no current,
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`the dimmer the light becomes.
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`7
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`Exhibit LG-1003 Page 7
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`14.
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`The ’661 Patent also includes embodiments for maintaining constant
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`perceived light output from a lamp. In the ’661 Patent, the particular
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`disclosed lamp is an LED lamp, but the disclosed concepts are equally
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`suitable for other types of lamps as well. In the first embodiment, constant
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`perceived light output is maintained by applying repetitive pulses to the lamp
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`(often referred to as a “pulse train”) consisting of “on” and “off” intervals
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`during which power is applied (in the form of pulses), then not applied, to the
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`lamp. The percentage of time that voltage is applied to the lamp compared to
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`the overall cycle period is called the duty cycle of the pulse train. The
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`average voltage integrated over time is described by the formula: V avg. =
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`Duty Cycle x V pulse. Increasing the duty cycle increases the “on time” of
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`the pulse to the lamp.
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`15. One embodiment of the ’661 Patent discloses the method of
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`measuring the voltage of the battery powering the lamp and adjusting the
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`duty cycle so that the average voltage remains constant, even as the battery
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`voltage decreases over time, i.e., as the battery discharges. Specifically, as
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`the battery voltage diminishes, the duty cycle is increased, thereby elongating
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`the pulses to the lamp. The adjustment to the duty cycle is made in such a
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`way that the average power to the lamp remains constant, and hence the light
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`intensity also appears constant to the human eye.
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`8
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`Exhibit LG-1003 Page 8
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`16. A battery voltage measuring circuit is disclosed in Fig. 4 of the ’661
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`Patent. The circuit uses a voltage reference at box 432 which is labeled
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`“Constant Voltage” which is fed into box 434 labeled Pulse Width
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`Modulator. The patent states that the Pulse Width Modulator uses a standard
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`555-type timer circuit. (LG 1001, 11:7). As explained in the patent, as the
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`battery voltage decreases, the reference voltage will appear proportionally
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`higher, thereby causing the pulse widths to increase. The operation of the 555
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`timer was widely known and used by those skilled in the art and disclosed in
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`numerous references, including the Philips Semiconductor Application Note
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`AN170 from 1988. (LG 1013). As explained in that Application Note, a
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`pulse width modulator may be configured similarly to what is shown in Fig.
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`4 of the ’661 Patent. The clock, or “trigger”, is connected to pin 2 and sets
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`the cycle time, the voltage reference (modulation input) is connected to pin 5
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`and the output appears on pin 3. In addition, a threshold pin would be
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`connected to an RC (resistor-capacitor) circuit that would establish the pulse
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`width based on the supply voltage. (See Figure 12, LG 1013). Inside the 555-
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`type timer, the voltage at the threshold pin (which is a function of supply
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`voltage) is compared to the modulator reference voltage. In this case, the
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`“modulating” signal is really the supply voltage to the 555 chip, i.e., the
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`battery supply voltage, that is variable. Consistent with the description in the
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`9
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`Exhibit LG-1003 Page 9
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`’661 Patent, if the supply voltage drops in a 555-type PWM circuit, the time
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`to reach the control voltage increases, thereby increasing the pulse width.
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`Thus, in the ’661 Patent, the battery voltage is measured by comparing the
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`voltage of a circuit connected to the battery (presumably an RC circuit) to a
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`constant reference voltage.
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`17. Another embodiment measures the actual average light output
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`produced by the lamp and increases the pulse width as the light output drops,
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`thus increasing the pulse energy over what it would have been absent the
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`pulse width change, and thereby keeping the light intensity constant.
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`Specifically, the patent states: “In one embodiment, the invention measures
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`battery voltage and in turn regulates the LED intensity. In another
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`embodiment, the present invention uses a light sensing device such as a light-
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`sensing transistor or light detecting diode (LDD) in proximity to the output
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`LED(s) to measure the average brightness and further regulate the LEDs’
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`output.” (5:61-67, LG 1001)
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`18.
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`In one circuit of the ’661 Patent, a microprocessor is used to
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`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
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`“input/output”. When a pin is set as an input, the microcontroller can use it to
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`read in information (not relevant to the embodiment of Fig. 2). Conversely
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`when that same pin is set as an output pin, the microcontroller can use it to
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`control things, in this case the on/off state of an LED connected to that pin.
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`The microprocessor can set a pin to high state (voltage present), low state
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`(voltage is zero), or, in some cases, tri-state (essentially connected to
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`nothing). As the patent explains, “The PIC16C62X [microcontroller]
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`contains . . . 13 input/output (I/O) pins each capable of direct LED driving of
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`25 mA source or sink.” (LG 1001, 8:39-42).
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`19.
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`In the embodiment of Fig. 2, LEDs are connected between Vout (the
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`source of electricity) and one microprocessor pin each. When a given pin is
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`set to high by the microprocessor, no current can flow from Vout through its
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`LED. Conversely, when the microprocessor sets the same pin low, then
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`current can flow from Vout and illuminate the LED.
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`20. The Relationship Between Color and Current: The ’661 Patent
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`also discloses that there is a direct relationship between the current through
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`an LED and the color spectrum of an LED. For example, the ‘661 Patent,
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`includes Figure 6 which discloses the color spectrum at six different LED
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`current levels. The ’661 Patent acknowledges that the relationship between
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`current and color spectrum was known in the prior art, as disclosed in M.
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`Schauler et al, “GaN based LED’s with different recombination zones,” MSR
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`Internet Journal of Nitride Research, Volume 2 Article 44. (LG 1009).
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`11
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`21. Pulse Height: The ’661 Patent discusses the application of pulses to
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`an LED. The “height” of a pulse is related to the instantaneous power that the
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`pulse delivers to the LED. Specifically, at any point in time, the
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`instantaneous power into an LED (or set of LEDs) will be equal to the
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`product of voltage (potential energy) applied across the LED times the
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`current (flow of electrons) going through it. LED control circuits may adjust
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`LED power by controlling either the voltage applied to each LED or the
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`current forced to flow through them. When LED voltage is held constant, the
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`12
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`Exhibit LG-1003 Page 12
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`LED properties (its voltage/current formula) will determine what current
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`flows. Conversely, if current is held constant, the LED will determine what
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`voltage develops across it. The ’661 patent discloses both types of LED
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`pulse- control methods. For example, Figures 2 (below) and 3 of the ’661
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`patent disclose control of the pulse voltage applied to the LEDs.
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`
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`22. The `661 patent recognizes that the color spectrum of the LED is
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`dependent on pulse height (amplitude). (LG 1001, Col. 12: 5-14, and Fig.6):
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`“By controlling the amount of current (the height of each pulse), the color
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`spectrum of the output light can be adjusted (i.e., for the above described
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`LED, the color spectrum center wavelength is adjustable from 440 nm blue
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`to 380 nm ultraviolet), and by simultaneously controlling pulse width
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`13
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`Exhibit LG-1003 Page 13
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`and/or pulse frequency, the intensity can also be controlled (i.e., one can
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`vary the intensity, or even keep a constant intensity as the pulse height is
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`adjusted to change color output), e.g., by varying pulse width to provide a
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`constant perceived or average intensity even as the color changes.”
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`As will be discussed further below, the need to control color spectrum by
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`controlling pulse height and the control of light intensity using both a PWM
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`control circuit and pulse amplitude were addressed in a number of
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`technologies well-known to electrical engineers prior to the time of the `661
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`filing in 1998, particularly a pulse width amplitude modulation (PWAM)
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`circuit as taught in Bosch (1993). (LG 1015).
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`23.
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`In Figure 2 of the ‘661, the LEDs are connected between Vout, which
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`is essentially equal to the battery voltage (although a bit lower due to the
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`small fixed voltage drop across the transistor between Vin and Vout), and the
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`I/O pin of the PIC16C62X microprocessor which, when set to its low state, is
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`fixed at 0.6 volts. (The datasheet for the PIC16C62X microprocessor is
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`attached as Exhibit 2 to this Declaration, LG 1014) I note that the datasheet
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`specifies that the “absolute maximum” current into (or out of) any single I/O
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`pin of the PIC16C62X is 25 mA. This number can be found on the datasheet
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`under the section: Absolute Maximum Ratings.” (Ex. 2, p. 79) When an I/O
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`pin is forced low (to 0.6 V), current will flow from the power supply Vout
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`14
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`Exhibit LG-1003 Page 14
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`via the LED, and then into the I/O pin. Because current is flowing into the
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`pin, the pin is said to be “sinking’ current. In contrast, when an LED is
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`connected from an I/O pin to ground, such that current flows from the pin in
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`its high state (e.g., at 5 V) into the LED, and then to ground, the pin is said to
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`be “sourcing” current.
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`24.
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`In Figure 2 of the ’661 Patent, Vout is equal to the battery voltage
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`(Vin) less the voltage drop across one transistor. Figure 3 likewise discloses
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`a circuit that provides this same voltage to the LEDs. In Figure 2, the other
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`end of the LEDs connects to an I/O pin on the microprocessor for pulse
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`control, which is set at 0.6V by the PIC16C62X when the I/O pin is pulled
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`low. Figure 3 discloses a discrete MOSFET for pulse control that
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`accomplishes this same task. In contrast, Figure 7 in the ’661 Patent shows a
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`circuit in which LED current control is implemented by the addition of BJT
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`transistor 755. The MOSFET-based LED driver portion of the circuit in
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`Figure 7 is similar to that found in Fig. 3 except for the addition of this
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`current control, via the BJT transistor 755, to the pulse control already
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`provided via MOSFET 750.
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`25. Accordingly, the pulse height for Figures 2 and 3 is best expressed in
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`terms of the controlled voltage (because the amount of current will be
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`determined by the LED selected), whereas the pulse height for Figure 7
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`15
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`Exhibit LG-1003 Page 15
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`(below) is best expressed in terms of the controlled current, which is
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`independent of LED selection (for this circuit, it is the voltage that will
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`depend on the LED selection).
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`26. For any LED, there will be a known relationship between voltage and
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`current (subject to LED degradation and temperature variations). The exact
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`relationship, however, can vary from LED to LED. Accordingly, when
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`voltage control is used, for any voltage there will be a corresponding current
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`through the LED, but before a specific LED is chosen, the specific current
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`would be unknown. Likewise, with current control, the resultant voltage
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`across the LED would not be known until the specific LED is chosen. In
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`summary, “pulse height” is best expressed either in terms of voltage or
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`current, depending on what control mechanism is used, with the other one of
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`these two variables being determined by the properties of the LED.
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`16
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`Exhibit LG-1003 Page 16
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`27.
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`In the ’661 Patent, the phrase “pulse height” is not explicitly used with
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`reference to Figures 2 and 3, but is used with reference to Figure 7, which is
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`the current control embodiment. With reference to the current control
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`embodiment, the ’661 Patent states: “By controlling the amount of current
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`(the height of each pulse), the color spectrum of the output light can be
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`adjusted ” (LG 1001, 12:5-6). Therefore, in that embodiment, pulse height is
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`referenced to as current so that there is a definite relationship between pulse
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`height and color spectrum.
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`28. Pulse Energy and Intensity or Perceived Brightness: The intensity/
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`brightness of an LED, as perceived by the human eye, is determined by the
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`average power it receives over time. For repetitive pulses of a specific
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`energy, the number of pulses provided to the LED per second (i.e., pulse
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`frequency) will determine its average power, and hence its output or
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`perceived brightness. The energy of a single pulse can be changed via at least
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`one (or both) of pulse width (duration) and pulse height. This is true whether
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`pulse height is described in terms of voltage or current because, for a given
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`LED, there will be a direct relationship between voltage and current. As
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`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
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`would be: Energy = pulse width (duration) x pulse voltage (a parameter
`
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`17
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`Exhibit LG-1003 Page 17
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`related to pulse height) x pulse current (another parameter related to pulse
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`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
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`brightness, whereas a decrease in energy per pulse results in a decrease .
`
`29. Turning again to the ‘661 Patent, assuming no other variations (such
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`as temperature and LED degradation, both of which may affect brightness),
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`pulse energy and LED intensity are directly related. Thus, to maintain an
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`average light output at fixed pulse frequency, the pulse energy to the LED
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`must likewise be maintained.
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`30.
`
`In the ’661 Patent when it says “maintain[ing] a predetermined light
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`output level….as a charge on the DC voltage source varies.” (Claim 34), it is
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`in this context understood by one having ordinary skill in the art that charge
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`and voltage are interchangeable. That is, the “charge” on a battery refers to
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`its voltage, and this is the plain and ordinary meaning. This is bolstered by the
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`specification to one of ordinary skill in the art before the filing of the ‘661
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`Patent would recognize that as the battery discharges, the instantaneous
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`voltage provided to the LEDs drops, which would cause a corresponding
`
`decrease in LED current absent some correction from the control circuit.
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`Accordingly, absent a correction from a control circuit, the voltage and
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`current drop caused by the battery voltage drop, in turn, causes a
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`18
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`Exhibit LG-1003 Page 18
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`corresponding drop in the pulse energy. If the pulse width remains constant,
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`the drop in pulse height (and its corresponding voltage and current) results in
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`a drop in pulse energy, which in turn results in a drop in the light output from
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`the LED.
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`31. The function of the control circuit is to correct for this pulse energy
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`drop caused by the drop in the voltage of the battery cell. The control circuit
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`increases the pulse width for the available pulse height in order to increase
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`the pulse energy compared to what it would have been at the lower battery
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`voltage absent the control circuit. If pulse height remains constant, then
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`increasing pulse width will inherently increase pulse energy (by increasing
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`the product of voltage x current x pulse width, or “area” under the pulse).
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`Using pulse-width adjustment, the pulse energy is increased back to what it
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`would have been had the voltage of the battery cell not decreased. The
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`increase in or adjustment of pulse energy in the claims refers to the relative
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`change in pulse energy over what it would have been absent pulse control,
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`and not an actual change in energy from one pulse to a successive pulse.
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`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 recited
`in independent

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