IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of:
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`Lebens et al.
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`U.S. Patent No.: 6,488,390
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`Issue Date:
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`December 3, 2002
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`Appl. Serial No.: 09/978,760
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`Filing Date:
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`October 16, 2001
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`Title:
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`COLOR-ADJUSTED CAMERA LIGHT AND METHOD
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`Case No.: IPR2017-01744
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`IPR Original Filing Date: July 6, 2017
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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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`Exhibit LG-1019
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`Samsung Electronics America, Inc., Samsung Telecommunications America, LLC,
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`And Samsung Electronics Co., Ltd. Petitioner V. Led Tech Development, LLC
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`Patent Owner, Case IPR2013-00611, Patent 6,488,390, PTAB Institution Order
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`
`In re Patent of:
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`Lebens et al.
`
`U.S. Patent No.: 6,488,390
`
`
`
`Issue Date:
`
`December 3, 2002
`
`Appl. Serial No.: 09/978,760
`
`Filing Date:
`
`October 16, 2001
`
`Title:
`
`COLOR-ADJUSTED CAMERA LIGHT AND METHOD
`
`Case No.: IPR2017-01744
`
`IPR Original Filing Date: July 6, 2017
`
`
`
`
`
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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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`Exhibit LG-1019
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`Samsung Electronics America, Inc., Samsung Telecommunications America, LLC,
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`And Samsung Electronics Co., Ltd. Petitioner V. Led Tech Development, LLC
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`Patent Owner, Case IPR2013-00611, Patent 6,488,390, PTAB Institution Order
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`Trials@uspto.gov
`571-272-7822
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`Paper 8
`Entered: March 7, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG
`TELECOMMUNICATIONS AMERICA, LLC, and SAMSUNG
`ELECTRONICS CO., LTD.
`Petitioner
`
`v.
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`LED TECH DEVELOPMENT, LLC
`Patent Owner
`
`Case IPR2013-00611
`Patent 6,488,390 B1
`
`Before KRISTEN L. DROESCH, JENNIFER S. BISK, and
`JAMES B. ARPIN, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
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`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
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`Exhibit LG-1019 Page 1
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`Case IPR2013-00611
`Patent 6,488,390 B1
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`I.
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`INTRODUCTION
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`A. Background
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`Samsung Electronics America, Inc.; Samsung Telecommunications
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`America, LLC; and Samsung Electronics Co., Ltd. (collectively
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`“Petitioner”) filed a petition (“Pet.”) to institute an inter partes review of
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`claims 1–6, 9–16, and 19–39 of U.S. Patent No. 6,488,390 B1 (Ex. 1001,
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`“the ’390 Patent”). 35 U.S.C. § 311. Patent Owner, LED Tech
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`Development, LLC, did not file a preliminary response to the Petition.
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`We conclude that, under 35 U.S.C. § 314(a), Petitioner has demonstrated a
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`reasonable likelihood of prevailing with respect to at least one of the
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`challenged claims.
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`B. Related Proceedings
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`Petitioner indicates the ’390 Patent is at issue in concurrent district
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`court litigation: LED Tech Dev., LLC, v. Samsung Elecs. Am., Inc., No. 12-
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`1325 (D. Del.). Pet. 2. Petitioner concurrently filed a petition for an inter
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`partes review of claims 1, 2, 4, 6–13, 15, 17–31, 33, 34, 36–38, 40–49, 51,
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`and 52 of U.S. Patent No. 6,095,661 (Case IPR2013-00610), which issued
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`from a parent application of the ’390 Patent. Id.
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`C. The ’390 Patent (Ex. 1001)
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`The ’390 Patent relates to methods and apparatus for controlling and
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`powering a light-emitting diode (“LED”) light source for a portable battery
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`powered flashlight, and an LED light source integrated with a video
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`camcorder. Ex. 1001, col. 1, ll. 11–14, 57–58; col. 9, ll. 34–40; col. 11,
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`ll. 42– 43; Figs. 1, 5.
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`2
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`Exhibit LG-1019 Page 2
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`Case IPR2013-00611
`Patent 6,488,390 B1
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`Figure 1 of the ’390 Patent, reproduced below, depicts LED flashlight
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`100.
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`
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`Figure 1 illustrates LED flashlight 100 including case 110, battery 120,
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`power supply and control circuit (“PSCC”) 130, a plurality of LEDs 150,
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`and feedback circuit 160. Id. at col. 7, ll. 26–31. PSCC 130 applies
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`electrical power from battery 120 to LEDs 150 and prevents overloading of
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`the LEDs while minimizing power dissipation. Id. at col. 7, ll. 46–50.
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`PSCC 130 provides a pulse train, in which pulse frequency, pulse width, or
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`pulse shape/height, and/or the number of LEDs that are driven, is controlled
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`in order to provide a relatively constant light output level even as battery
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`voltage declines. Id. at col. 7, ll. 58–62.
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`3
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`Exhibit LG-1019 Page 3
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`Patent 6,488,390 B1
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`Figure 5 of the ’390 Patent, reproduced below, depicts LED light
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`source integrated with handheld camcorder 500.
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`
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`Figure 5 illustrates camcorder 500 including case 510, lens 520, video circuit
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`570, recorder 580, battery 120, LEDs 150, control circuit 130, and feedback
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`circuit 160. Id. at col. 11, ll. 42–46. In an embodiment, feedback circuit 160
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`measures the light output of LEDs 150 (e.g., using a photodiode or other
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`suitable light detecting device) and provides a signal that allows PSCC 130
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`to adjust the light output to a desired level. Id. at col. 7, l. 63–col. 8, l. 1;
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`col. 11, ll. 58–61. In another embodiment, feedback circuit 160 measures
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`the overall ambient light and provides a signal that allows generation of
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`pulses to compensate for lack of light. Id. at col. 8, ll. 7–9. In yet another
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`embodiment, feedback circuit 160 measures battery voltage, and increases
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`pulse width, frequency, or height as battery voltage or power declines. Id. at
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`col. 8, ll. 16–18. In another embodiment, feedback circuit 160 measures the
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`4
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`current going through LEDs 150, and makes appropriate adjustments to pulse
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`width or frequency in order to maintain constant or desired light output. Id.
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`at col. 8, ll. 18–22. In still yet another embodiment, feedback circuit 160
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`measures color balance, which is used to change the current (i.e., height) of
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`each pulse to control or maintain color balance. Id. at col. 12,
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`ll. 6–22.
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`D. Illustrative Claims
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`Claims 1, 19, and 24, reproduced below, are illustrative of the claims
`
`at issue:
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`A portable video camera and illumination source system,
`1.
`comprising:
`a housing;
`one or more light-emitting diodes (LEDs) attached to the
`housing;
`a video camera imaging device attached to the housing;
`a control circuit that selectively applies a plurality of
`pulses from a source of electric power to the one or
`more LEDs; and
`a feedback signal coupled to the control circuit, wherein
`the control circuit changes a characteristic of each one
`of the plurality of pulses to control a light output
`characteristic of the LEDs based on the feedback
`signal.
`
`19. An illumination source comprising:
`a housing;
`one or more light-emitting diodes (LEDs) attached to the
`housing;
`a control circuit operatively coupled to supply electrical
`pulses to the one or more LEDs that adjusts a height
`of the pulses to control a color spectrum of the LED
`output light and adjusts an LED on-time proportion to
`control an amount of the output light.
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`5
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`Exhibit LG-1019 Page 5
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`Patent 6,488,390 B1
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`24. An illumination source comprising:
`a housing;
`one or more light-emitting diodes (LEDs) attached to the
`housing;
`a control circuit operatively coupled to supply electrical
`pulses to the one or more LEDs that, corresponding to
`a change in a height of the pulses to the one or more
`LEDs, adjusts an LED on-time proportion to control
`an amount of output light.
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`II. ANALYSIS
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`A. Claim Construction
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`Consistent with the statute and legislative history of the Leahy-Smith
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`America Invents Act, Pub. L. No. 112-29, 125 Stat. 284, 329 (2011), the
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`Board interprets claims using the broadest reasonable interpretation in light of
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`the specification. See 37 C.F.R. § 42.100(b); Office Patent Trial Practice
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`Guide, 77 Fed. Reg. 48,756, 48,766 (Aug. 14, 2012). There is a “heavy
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`presumption” that a claim term carries its ordinary and customary meaning.
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`CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366 (Fed. Cir. 2002).
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`However, a “claim term will not receive its ordinary meaning if the patentee
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`acted as his own lexicographer and clearly set forth a definition of the
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`disputed claim term in either the specification or prosecution history.” Id.
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`“Although an inventor is indeed free to define the specific terms used to
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`describe his or her invention, this must be done with reasonable clarity,
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`deliberateness, and precision.” In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir.
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`1994).
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`1. “Selectively Applies”
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`Each of independent claims 1 and 29 recites “a control circuit that
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`selectively applies a plurality of pulses from a source of electric power to the
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`6
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`Exhibit LG-1019 Page 6
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`one or more LEDs . . . .” Pet. 5. The ’390 Patent discloses that “the LEDs
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`have [a] proportion of on-time that increases as remaining battery power
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`decreases.” Id. (citing Ex. 1001, col. 4, ll. 10–11). On this basis, Petitioner
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`asserts that, in the context of the ’390 Patent, the term “selectively applies”
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`means power is selected to be applied and not applied at intervals. Pet. 5–6.
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`Petitioner concludes that the broadest reasonable interpretation of
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`“selectively applies” includes “alternately applying and removing power.”
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`Pet. 6. Upon reviewing the Specification of the ’390 Patent, we do not
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`identify a clear, deliberate, and precise definition for “selectively applies.”
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`Petitioner’s proposed construction is consistent with the ’390 Patent
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`Specification. Nevertheless, because each of claims 1 and 29 already recites
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`“selectively applies a plurality of pulses from a source of electric power,”
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`the inclusion of “power” in Petitioner’s proposed construction is
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`superfluous. Accordingly, for purposes of our decision, the broadest
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`reasonable interpretation of “selectively applies” includes “alternately
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`applying and removing.”
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`2. Additional Claim Terms or Phrases Addressed by Petitioner
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`Petitioner proposes claim constructions for several additional claim
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`terms or phrases, with corresponding citations to the ’390 Patent
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`Specification to support each proposed claim construction. Pet. 6–9.
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`The additional claim terms or phrases, Petitioner’s proposed
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`construction, and corresponding disclosure in the ’390 Patent Specification
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`are detailed in the following table:
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`7
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`Exhibit LG-1019 Page 7
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`Patent 6,488,390 B1
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`Claim Term
`or Phrase
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`Proposed
`Construction
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`“Pulses”
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`“A characteristic
`of each one of the
`plurality of
`pulses”
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`“Adjusts a height
`of the pulses to
`control a color
`spectrum of the
`LED output light”
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`“Feedback” or
`“feedback signal”
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`“[P]eriodic
`changes from off to
`on or from on to
`off.” Pet. 6.
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`“[A] characteristic,
`such as pulse
`height, width, and
`frequency, of
`multiple pulses.”
`Pet. 7.
`“[M]odifies a
`height of multiple
`pulses, which
`results in
`modification to a
`color spectrum of
`the LED light
`output.” Pet. 8.
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`“[A] signal that is
`influenced by
`present operating
`circumstances,
`such as battery
`voltage or ambient
`light.” Pet. 8–9.
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`Specification Disclosure
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`Pulses have “pulse width,”
`“frequency,” and “height.” Pet. 6
`(citing Ex. 1001, col. 7, ll. 58–59,
`col. 8, ll. 17–18). Microcontroller
`I/O pins directly drive LEDs, and
`are set to either high (LED off) or
`low (LED on). Id. (citing Ex.
`1001, col. 8, ll. 41, 48–52; Fig. 2).
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`Adjustment of three types of pulse
`characteristics is disclosed: pulse
`width, pulse frequency, and pulse
`height. Pet. 7 (citing Ex. 1001,
`col. 8, ll. 15–22; claims 4 and 15).
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`When driving LEDs, a change in
`pulse height will result in a change
`in color spectrum. Pet. 7–8 (citing
`Ex. 1001, col. 11, l. 62–col. 12,
`l. 22).
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`Feedback is used to control pulse
`width and/or frequency as a
`function of parameters such as
`battery voltage, LED light output
`intensity, power dissipation,
`device temperature, or LED color
`spectrum output. Pet. 8 (citing
`Ex. 1001, col. 7, ll. 35–38; col. 8,
`ll. 7–9, 16–19, 57–60).
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`As evidenced by the cited disclosures, Petitioner’s proposed
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`constructions of the claim terms or phrases listed in the table are consistent
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`with the ’390 Patent Specification. Accordingly, for purposes of our
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`8
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`Patent 6,488,390 B1
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`decision, the broadest reasonable interpretation of each of the foregoing
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`claim terms or phrases listed in the table includes Petitioner’s construction.
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`3. Remaining Claim Terms or Phrases
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`All remaining claim terms or phrases recited in claims 1–6, 9–16, and
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`19–39 are given their ordinary and customary meaning, as would be
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`understood by a person of ordinary skill in the art.
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`B. Asserted Grounds of Unpatentability
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`Petitioner contends the challenged claims are unpatentable under 35
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`U.S.C. §§ 102(b) and 103(a) on the following specific grounds (Pet. 3–4):
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`Reference[s]1
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`Van Antwerp
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`Garriss and Van Antwerp
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`Garriss and Mallory
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`Garriss, Van Antwerp, and
`Hochstein, or Garriss,
`Mallory, and Hochstein
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`§ 103(a)
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`Claims Challenged
`Basis
`§ 102(b) 19, 22, 24, 25, and 29–32
`1–4, 6, 11–14, 16, 20, 27, and
`34–38
`1, 3, 4, 6, 11, 13, 14, 16, 19,
`20, 22, 24, 25, 27, 29, 31, 32,
`34, 35, 37, and 38
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`§ 103(a)
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`
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`§ 103(a)
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`5, 9, 10, 15, 21, 23,
`26, 28, 33, and 39
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`1 The petition relies on the following references: U.S. Patent No. 4,514,727
`(Ex. 1004) (“Van Antwerp”); U.S. Patent No. 5,010,412 (Ex. 1005)
`(“Garriss”); U.S. Patent No. 4,499,525 (Ex. 1006) (“Mallory”); and U.S.
`Patent No. 5,783,909 (issued July 21, 1998, filed Jan. 10, 1997) (Ex. 1007)
`(“Hochstein”). The petition also relies on the Declaration of Mark
`Horenstein (Ex. 1003), and M. Schauler et al., GaN based LED’s With
`Different Recombination Zones, MRS Internet Journal of Nitride
`Semiconductor Research, Vol. 2, Art. 44 (1997) (Ex. 1008).
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`9
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`Case IPR2013-00611
`Patent 6,488,390 B1
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`1. 35 U.S.C. § 102(b) Ground of Unpatentability Over Van Antwerp
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`Petitioner contends claims 19, 22, 24, 25, and 29–32 are unpatentable
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`under 35 U.S.C. § 102(b) over Van Antwerp. Pet. 11–13, 23–28.
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`a. Van Antwerp (Ex. 1004)
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`Van Antwerp describes apparatus for automatically controlling the
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`brightness of various displays by automatically adjusting for changes in
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`ambient light. Ex. 1004, col. 2, ll. 19–24. Van Antwerp explains that LED
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`display brightness is affected by fluctuations in power supply voltage,
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`making it desirable for an automatic brightness control apparatus to hold the
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`display brightness at a constant level, unaffected by power supply changes.
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`Id. at col. 5, ll. 19–24.
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`Figure 1 of Van Antwerp, reproduced below, depicts automatic
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`brightness control apparatus 10.
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`Figure 1 illustrates automatic brightness control apparatus 10 implemented
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`as an integrated circuit on a single chip housed in eight (8) pin, dual in-line
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`package (“DIP”) 11. Id. at col. 2, ll. 46–49; col. 3, ll. 30–33. Automatic
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`brightness control apparatus 10 includes photodiode 12 connected to current
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`amplifier 14, which is connected to operational amplifier 22. Id. at col. 3,
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`ll. 30–35, 40–47. The output of operational amplifier 22 is control voltage
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`VC, which indicates the relative light level striking photodiode 12. Id. at
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`col. 4, l. 66–col. 5, l. 1. Output of operational amplifier 22 is input to the
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`positive input terminal of first comparator 26. Id. at col. 3, ll. 47–49.
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`Reference voltage VR is provided to the negative input terminal of second
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`comparator 40. Id. at col. 3, ll. 57–60. PIN 5 of DIP 11 is connected to the
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`negative input terminal of third comparator 54, the positive input terminal of
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`second comparator 40, the negative input terminal of first comparator 26,
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`and the collector terminal of NPN transistor 56. Id. at col. 3, l. 66–col. 4,
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`l. 3. A voltage equal to one-half of power supply voltage VCC is applied to
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`the positive input terminal of third comparator 54. Id. at col. 4, ll. 3–6.
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`Automatic brightness control apparatus 10 holds the brightness of the
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`display at a constant level by pulse width modulation of its output, on PIN 7,
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`to the display whose brightness is to be controlled. Id. at col. 5, ll. 24–27.
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`The development of the pulse width modulated output starts with a free
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`running ramp oscillator. Id. at col. 5, ll. 28–30.
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`Figure 3 of Van Antwerp, reproduced below, depicts free running
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`ramp oscillator.
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`11
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`Figure 3 illustrates free running oscillator including external capacitor 104
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`connected between PIN 5 and PIN 6, and external resistor 106 connected
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`between PIN 5 and PIN 8, with supply voltage VCC applied to PIN 8. Id. at
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`col. 5, ll. 39–42. Capacitor 104 is charged through resistor 106 toward the
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`value VCC until its voltage just exceeds one-half VCC. Id. at col. 5, ll. 43–44.
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`At the voltage just exceeding one-half VCC, the output of third comparator
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`54 results in the Q output of latch 70 causing NPN transistor 56 to turn on.
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`Id. at col. 5, ll. 44–54. With NPN transistor 56 on, capacitor 104 is
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`discharged therethrough until the voltage at PIN 5 goes just below reference
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`voltage VR. Id. at col. 5, ll. 54–56. At VR, the output of second comparator
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`40 results in the Q output of latch 70 turning NPN transistor 56 off. Id. at
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`col. 5, ll. 57–65. With NPN transistor 56 turned off, capacitor 104 again will
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`be charged through resistor 106, and the process will be repeated with
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`resulting ramp waveform 108 on PIN 5. Id. at col. 5, ll. 65–68; see id. at
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`col. 7, ll. 3–23. Ramp waveform 108 and control voltage VC are input to
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`first comparator 26 to cause the output of pulse width modulated logic
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`output signal 110. Id. at col. 6, ll. 9–19.
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`Figure 4 of Van Antwerp, reproduced below, depicts first comparator
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`26 from Figure 1 and pulse width modulated logic output signal 110.
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`Figure 4 illustrates the input of ramp waveform 108 to the negative input
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`terminal of first comparator 26, the input of control voltage VC to the
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`positive input terminal of first comparator 26, and the output of waveform
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`12
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`110. Id. During the time the value of ramp waveform 108 is less than
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`control voltage VC, the output of first comparator 26 is high. Id. at col. 6,
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`ll. 19–22. During the time the value of waveform 108 is greater than control
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`voltage VC, the output of first comparator 26 is low. Id. at col. 6, ll. 22–24.
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`If power supply voltage VCC decreases, the peak to peak ramp voltage of
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`waveform 108 drops, and therefore, the duty cycle of output waveform 110
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`increases. Id. at col. 6, ll. 24–27. Referring to Figure 1, the output of first
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`comparator 26 is input to NAND gate 64, the output of which is input to
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`output driver 100 whose output is provided to PIN 7. Id. at col. 4, ll. 7–8,
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`27–29; col. 7, ll. 52–54. The output of output driver 100 on PIN 7 is the
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`output of automatic brightness control apparatus 10. Id. at col. 4, ll. 29–32.
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`The output “on time” (of output driver 100) is the time when ramp voltage
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`108 is less than control voltage VC, which also corresponds to the time when
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`the output of first comparator 26 is high, (i.e., logic signal 110 is high). Id.
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`at col. 5, ll. 24–27; col. 6, ll. 17–22; col. 7, ll. 54–56. Output (from output
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`driver 100) is a totem pole output which will sink 20 ma or source up to 50
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`ma. Id. at col. 7, ll. 57–59. If automatic brightness control apparatus 10 is
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`used in a battery controlled system, and if the battery voltage drops, control
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`apparatus 10 increases its duty cycle and causes the controlled display to
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`maintain a constant light output. Id. at col. 8, ll. 6–10.
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`b. Claims 19 and 22
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`Petitioner asserts “Van Antwerp discloses a control circuit operatively
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`coupled to supply electrical pulses to the one or more LEDs that adjusts the
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`height of the pulses to control a color spectrum of the LED output
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`light . . . ,” as recited in claim 19. Pet. 23–24. Petitioner makes the
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`following assertions regarding Van Antwerp: (1) the control circuit is
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`powered from the battery voltage and the height of the pulses is directly
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`related to battery voltage; and (2) the control circuit adjusts the height of the
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`pulses as the battery voltage declines. Id. (citing Ex. 1004, col. 2, ll. 55–56;
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`Ex. 1003 ¶ 26).
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`Petitioner’s supporting evidence, however, does not provide a
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`sufficient factual basis to demonstrate Van Antwerp’s control circuit adjusts
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`or modifies2 a height of the pulses to the one or more LEDs. Van Antwerp
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`merely describes “compensat[ing] for changes in the power supply voltage for
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`the display.” Ex. 1004, col. 2, ll. 55–56. We do not credit Declarant Dr.
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`Mark Horenstein’s statement that “the height of the pulses in Van Antwerp
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`decrease with decreasing battery voltage . . . because the output at pin 7 from
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`the Van Antwerp integrated circuit is powered from the battery” (Ex. 1003
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`¶ 26), because it is not supported by Van Antwerp’s description. Instead, Van
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`Antwerp describes the output at PIN 7 is from an output driver 100
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`comprising a totem pole output which will sink 20 ma or source up to 50 ma.
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`Ex. 1004, col. 7, ll. 57–59. The output “on time” of output driver 100 is the
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`time when ramp voltage 108 is less than the control voltage VC, which
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`corresponds to the time when the output on first comparator 26 is high, (i.e.,
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`pulse width modulated logic signal 110 is high). Id. at col. 6, ll. 17–22;
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`col. 7, ll. 54–56. If used in a battery controlled system, and if the battery
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`voltage drops, control apparatus 10 increases its duty cycle. Id. at col. 8,
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`ll. 6–10. Thus, in contrast to Petitioner’s assertions, Van Antwerp only
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`2 As discussed in Section II.A.2. previously, the broadest reasonable
`interpretation of “adjusts a height of the pulses to control a color spectrum of
`the LED light output” includes “modifies a height of multiple pulses, which
`results in modification to a color spectrum of the LED light output.”
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`describes a control circuit that adjusts or modifies the “on time,” pulse
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`width, or duty cycle of the pulses to the one or more LEDs, and not a control
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`circuit that adjusts the height of the pulses.
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`Therefore, on the record before us, Petitioner does not establish a
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`reasonable likelihood of prevailing on its assertion that Van Antwerp
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`anticipates claim 19 and claim 22, which depends from claim 19.
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`c. Claims 24 and 25
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`Petitioner asserts Van Antwerp discloses “a control circuit . . . that,
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`corresponding to a change in a height of the pulses to the one or more LEDs,
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`adjusts an LED on-time proportion,” as recited in independent claim 24.
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`Pet. 12–13, 23–25. Petitioner further asserts that Van Antwerp discloses a
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`control circuit that provides pulses to the LEDs, which generates wider
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`pulses to the LEDs as the height of the pulses drops due to dropping battery
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`voltage. Pet. 12 (citing Ex. 1004, col. 6, ll. 24–28; col. 8, ll. 6–10).
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`Petitioner contends that “the height of the pulses is directly related to the
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`battery voltage.” Pet. 25 (incorporating the analysis of claim 19 at Pet. 23–
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`24 (citing Ex. 1004, col. 2, ll. 55–56; Ex. 1003 ¶ 26)). Petitioner further
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`asserts Van Antwerp discloses that, based on battery voltage feedback, “if
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`the power supply voltage VCC decreases, the peak to peak ramp waveform
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`108 will drop, and therefore, the duty cycle of the output will increase.”
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`Pet. 12 (citing Ex. 1004, col. 6, ll. 24–28). Petitioner relies on Declarant’s
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`testimony to explain that Van Antwerp’s increased duty cycle is in response
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`to a decrease in the supply voltage and accordingly a drop in the height of
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`the pulses. Pet. 25 (citing Ex. 1003 ¶ 26).
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`Petitioner’s analysis overlooks that claim 24 recites “pulses to the one
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`or more LEDs.” Petitioner establishes that Van Antwerp describes a change
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`in a height of pulses of ramp waveform 108 depending on the battery voltage
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`or supply voltage, but Petitioner does not demonstrate that Van Antwerp
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`describes a change in a height of the pulses to the one or more LEDs. For
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`example, Van Antwerp describes a drop in the peak to peak ramp voltage of
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`waveform 108. Ex. 1004, col. 6, ll. 24–28. However, Petitioner does not
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`assert that Van Antwerp’s ramp waveform 108 describes “pulses to the one
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`or more LEDs.” Instead, Van Antwerp describes that ramp waveform 108 is
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`input, along with control voltage VC, to first comparator 26 to produce a
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`pulse width modulated logic output waveform 110, which ultimately is used
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`to pulse width modulate the output from output driver 100 on PIN 7. Id. at
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`col. 6, ll. 9–22; col. 7, ll. 52–59.
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`Petitioner’s evidence also does not support its assertion that the height
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`of the pulses to the one or more LEDs is related directly to the battery
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`voltage. Specifically, Declarant does not cite to a description in Van
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`Antwerp to support the statement that “[t]he height of the pulses in Van
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`Antwerp decrease with decreasing battery voltage . . . because the output at
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`pin 7 from the Van Antwerp integrated circuit is powered from the battery.”
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`Ex. 1003 ¶ 26. Instead, Van Antwerp describes the output at PIN 7 is from
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`output driver 100 comprising a totem pole output which will sink 20 ma or
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`source up to 50 ma, and with an output “on time” corresponding to when
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`pulse width modulated logic signal 110 is high. Ex. 1004, col. 4, ll. 29–32;
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`col. 5, ll. 24–27; col. 6, ll. 17–22; col. 7, ll. 52–59.
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`Therefore, on the record before us, Petitioner does not establish a
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`reasonable likelihood of prevailing on its assertion that Van Antwerp
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`anticipates claim 24 and claim 25, which depends from claim 24.
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`d. Claims 29–32
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`For purposes of this Decision, the Board is persuaded by Petitioner’s
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`arguments, supported by the claim charts and other evidence, explaining
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`how Van Antwerp describes the subject matter recited in independent claim
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`29. Pet. 25–27. For example, Petitioner contends that “a control circuit that
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`selectively applies a plurality or pulses from a source of electric power to the
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`one or more LEDs,” as recited in claim 29, is described by Van Antwerp’s
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`automatic brightness control apparatus 10 that holds the brightness of the
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`display at a constant level by pulse width modulation of its output on PIN 7,
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`and increases its duty cycle when the battery voltage drops. Pet. 26 (citing
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`Ex. 1004, col. 5, ll. 24–28; col. 8, ll. 6–10). Petitioner also contends that
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`“the control circuit changes a characteristic of each one of the pulses to
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`control a light output characteristic of the LEDs based on the feedback signal”
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`is described by Van Antwerp’s control circuit, which applies pulse width
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`modulation to compensate for changes in measured ambient light level or
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`battery voltage, and Van Antwerp’s photodiode and associated circuitry,
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`which provides an indication of the relative light level. Pet. 26–27 (citing
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`Ex. 1004, col. 2, ll. 22–56; col. 5, l. 31–col. 6, l. 5; col. 6, ll. 24–26, 60;
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`col. 7, ll. 46–63; Ex. 1003 ¶ 27). These positions are reasonable.
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`In addition, the Board is persuaded by Petitioner’s arguments,
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`supported by the claim charts and other evidence, explaining how Van
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`Antwerp discloses the subject matter recited in dependent claims 30–32. See
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`Pet. 27–28 (incorporating the analysis of claim 29 at Pet. 26–27 and further
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`citing Ex. 1004, col. 2, ll. 30–46, 55–56; col. 5, l. 24–col. 6, l. 5; col. 6, ll. 9–
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`10, 24–27 as describing “the feedback signal changes to compensate for a
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`change of a voltage of the source of electric power,” as recited in claim 31).
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`These positions are also reasonable.
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`Thus, Petitioner demonstrates a reasonable likelihood of prevailing on
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`its assertion that Van Antwerp anticipates claims 29–32.
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`2. 35 U.S.C. § 103(a) Ground of Unpatentability over
`Garriss and Van Antwerp
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`Petitioner contends claims 1–4, 6, 11–14, 16, 20, 27, and 34–38 are
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`unpatentable under 35 U.S.C. § 103(a) over Garriss and Van Antwerp. Pet.
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`13–17, 28–39.
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`a. Garriss (Ex. 1005)
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`Garriss describes a high frequency, low power light source employing
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`LEDs for illuminating an object photographed by a portable video camera.
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`Ex. 1005, col. 1, ll. 6–9.
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`Figure 1 of Garriss, reproduced below, depicts light source and video
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`camera.
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`Figure 1 illustrates object 11 to be photographed, and video camera 24
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`having housing 28 including lens 26, and light source 10, which includes a
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`plurality of monochromatic LEDs 16. Id. at col. 1, l. 66–col. 2, l. 5; col. 2,
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`ll. 63–65; col. 3, ll. 4–7. LEDs 16 are mounted on a surface of circuit board
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`18
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`12 having central aperture 14 with LEDs 16 generally disposed to surround
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`aperture 14. Id. at col. 2, ll. 1–5, 63–65. Circuit board 12 is mounted on
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`housing 28 of video camera 24 with lens 26 being positioned behind
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`aperture 14. Id. at col. 3, ll. 4–7. Driver circuit 40 generates a strobe signal
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`applied to circuit board 12. Id. at col. 3, ll. 10–14. Pushbuttons 31 and 32
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`mounted on housing 28 permit a user to select whether strobe signal driving
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`LEDs 16 is synchronized to camera operations and whether it is a
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`continuous or oscillating square wave. Id. at col. 3, ll. 14–18. When strobe
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`signal oscillates, LEDs 16 periodically flash to illuminate object 11, with a
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`frequency and duty cycle controlled by knobs 33 and 34 mounted on housing
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`28. Id. at col. 3, ll. 19–23.
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`Figure 4 of Garriss, reproduced below, depicts driver circuit 40.
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`Figure 4 illustrates driver circuit 40 including switch 76, transistor 66,
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`voltage source (+V), switch 50, transistor 51, variable resistors 54 and 56,
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`19
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`capacitor 62, and timer circuit 64. Id. at col. 3, l. 51–col. 4, l. 7. Driver
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`circuit 40 is energized by a regulated DC voltage source (+V) suitably
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`powered from a typical camera power supply. Id. at col. 3, ll. 43–45. For
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`stroboscopic operation, switch 76 is opened via push button 32, switch 50 is
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`adjusted using push button 31 to select the appropriate synchronizing mode.
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`Id. at col. 4, ll. 12–16. When contact 50a of switch 50 is closed, and contact
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`50b of switch 50 is open, voltage source (+V) is connected to node 52
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`located between the emitter of transistor 51 and variable resistor 54. Id. at
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`col. 3, ll. 53–61; col. 4, ll. 16–18. When energized, timer 64 acts as an
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`oscillator, continuously producing a square wave signal at pin 3, with
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`frequency and duty cycle, controlled by the settings of variable resistors 54
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`and 58, respectively, which may be adjusted with knobs 33 and 34. Id. at
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`col. 4, ll. 18–22, 29–33. Square wave output signal at pin 3 turns transistor
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`66 on and off. Id. at col. 4, ll. 23–24. When transistor 66 is on, current flows
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`causing LEDs 16 to emit light; when off, current ceases to flow through
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`LEDs 16. Id. at col. 4, ll. 23–29. Thus, LEDs 16 generate pulses of light
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`with a frequency and duty cycle determined by the square wave of
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`timer 64, in which the frequency and duty cycle may be adjusted via knobs
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`33 and 34. Id. at col. 4, ll. 29–33. Garriss further teaches that, unlike
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`incandescent strobe lights, the LED strobe light is rugged, lightweight,
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`efficient, and operates from a low voltage power source. Id. at col. 5, ll. 34–
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`36.
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`b. Claims 20 and 27
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`Claims 20 and 27 depend from independent claims 19 and 24,
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`respectively. Petitioner relies on its analysis of claim 19, along with its
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`analysis of claim 1, to support its assertion that claims 20 and 27 are
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`unpatentable over Garriss and Van Antwerp. Pet. 36–37 (incorporating the
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`analysis of claim 1 at Pet. 31–32, and the analysis of claim 19 at Pet. 23–
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`24). As applied by Petitioner, the teachings of Garriss do not remedy the
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`deficiencies of Van Antwerp discussed previously in Sections II.B.1.b. and
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`II.B.1.c. addressing independent claims 19 and 24. On the record before us,
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`Petitioner does not demonstrate a reasonable likelihood of prevailing on its
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`assertion that de
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