UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`ZTE (USA) INC., LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A. INC.,
`LG ELECTRONICS MOBILECOMM U.S.A. INC.,
`LG ELECTRONICS MOBILE RESEARCH U.S.A. LLC, and
`LG ELECTRONICS ALABAMA, INC.
`
`Petitioner,
`
`v.
`
`Fundamental Innovation Systems International LLC,
`Patent Owner.
`___________________
`
`Case IPR2018-00111
`Patent No. 8,624,550
`___________________
`
`DECLARATION OF DR. KENNETH FERNALD IN SUPPORT OF
`PATENT OWNER'S RESPONSE1
`
`1 LG Electronics, Inc., LG Electronics U.S.A. Inc., LG Electronics
`Mobilecomm U.S.A. Inc., LG Electronics Mobile Research U.S.A. LLC, and
`LG Electronics Alabama, Inc. were joined as parties to this proceeding via a
`Motion for Joinder in IPR2018-00461.
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`TABLE OF CONTENTS
`
`I.
`II.
`
`B.
`
`Page
`Introduction ............................................................................................ 1
`Technology Background ........................................................................ 5
`Device States ................................................................................ 5
`A.
`Enumeration Steps ....................................................................... 8
`B.
`III. Use of SE1 in Cited Prior Art ............................................................... 16
`Level And Knowledge Of Skill In The Art .......................................... 21
`IV.
`The Identified 5.25V Voltage Limit Is Not A "Condition
`V.
`Specified In A USB Specification" That Is "Associated with"
`"Current Supply" .................................................................................. 24
`A. Meaning of relevant claim language .......................................... 24
`Claim 1 ............................................................................. 24
`1.
`Claim 10 ........................................................................... 28
`2.
`The 5.25 V supply voltage limit is associated with
`supplying voltage, not current .................................................... 30
`VI. Rogers Does Not Teach Or Render Obvious Supplying Current
`in Excess of 500 mA ............................................................................. 32
`Rogers Increases Power by Increasing Voltage, Not
`A.
`Current ........................................................................................ 32
`Petitioners Analyze The Wrong Current Requirement .............. 35
`Rogers Does Not Disclose Supplying Current In Excess
`of 500mA Across VBUS Even Under Mr. Geier's New
`Theory ........................................................................................ 40
`A POSA Would Have No Reason to Modify Rogers to
`Provide More Than 500mA of Current Across the VBUS
`Line ............................................................................................. 46
`
`B.
`C.
`
`D.
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`VII. Rogers Does Not Teach Or Render Obvious Supplying Current
`On The VBUS Line Without Regard To A 100mA Current
`Limit Before Configuration .................................................................. 47
`VIII. Rogers Does Not Teach Or Render Obvious Supplying Current
`Without Regard To "Enumeration Conditions" In A USB
`Specification ......................................................................................... 50
`IX. A POSA Would Not Have Used SE1 In Response To Standard
`USB Communication............................................................................ 55
`A POSA Would Believe That Petitioners' Proposed
`Modification to Rogers Would Damage Non-48VDC Capable
`Devices and Lead to Errors that Are Difficult to Correct .................... 62
`XI. A POSA Would Believe That Petitioners' Proposed
`Modification to Rogers Would Interrupt USB Communication
`and Render the 48VDC Accessories Inoperable .................................. 70
`XII. The '550 Inventions .............................................................................. 71
`
`X.
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`I.
`
`Introduction
`1. My name is Kenneth Fernald, Ph.D. My qualifications are
`
`summarized below and are addressed more fully in my CV attached as
`
`EXHIBIT A.
`
`2.
`
`For 30-years I have been involved in the design of integrated
`
`circuits. A large portion of my work has involved the design of integrated
`
`circuits that involve power management, battery charging and USB control. I
`
`have designed USB controllers that have sold in the hundreds of millions of
`
`units, and I was intimately involved in this field during the time of the patents
`
`at issue in this case.
`
`3.
`
`I earned my Bachelor of Science and Master of Science degrees in
`
`Electrical Engineering from North Carolina State University (NCSU) in 1985
`
`and 1987. During this period I worked for the Space Electronics Group
`
`developing software for predicting the effects of radiation environments on
`
`integrated circuits. I also consulted for the Naval Research Laboratory (NRL).
`
`My services to NRL included the design of dosimetry instrumentation and the
`
`execution of radiation studies on electronic devices at various facilities around
`
`the United States. I joined NASA Langley Research Center in 1987 where I
`
`designed motor control instruments and firmware for ground and space station
`
`experiments.
`
`4.
`
`I returned to NCSU in 1988 to earn my Ph.D. in Electrical
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`Engineering. My doctoral research efforts were funded by the National
`
`Science Foundation and focused on the development of medical systems
`
`utilizing wireless digital telemetry. My work included a thorough investigation
`
`of medical telemetry technology and design of a microprocessor-based system
`
`for the fast prototyping of implantable medical instruments. I also completed
`
`the design and testing of various components of this system, including a
`
`bidirectional digital telemetry integrated circuit (IC) and a general-purpose
`
`sensor interface and conversion IC. I completed my Ph.D. in 1992, after which
`
`I joined Intermedics Inc. in Angleton, Texas.
`
`5. My responsibilities at Intermedics included system and circuit
`
`design of telemetry, signal-processing, and control ICs for medical devices.
`
`Examples include the design of a sensor acquisition, compression, and storage
`
`IC for implantable pacemakers and defibrillators. I also worked on advanced
`
`wireless digital telemetry technology, control ICs for therapy delivery in
`
`defibrillators, and software development for sensor waveform compression and
`
`recovery. I left Intermedics in 1998 to join Analog Devices Inc. in Greensboro,
`
`NC.
`
`6. My work at Analog Devices included the design of advanced ICs
`
`for wireless digital communication devices. Specific projects included the
`
`design, debug, and testing of a base-band receiver IC for digital satellite
`
`systems. This IC performed QPSK demodulation, symbol recovery, and
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`forward-error correction for high-bandwidth wireless video signals. I also
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`performed system design for a CDMA base-band transceiver IC for personal
`
`communication devices.
`
`7.
`
`I rejoined Intermedics in 1998 as the first employee of an IC
`
`design group in Austin, Texas. I continued to work on next-generation medical
`
`telemetry ICs until Intermedics was acquired by Guidant in 1999. At that time
`
`I joined Cygnal Integrated Products, a startup company in Austin, Texas. My
`
`responsibilities at Cygnal included the design and development of mixed-signal
`
`embedded products for industrial and instrumentation applications. Specific
`
`projects included the design of a proprietary communication system for in-
`
`system debug, a proprietary clock recovery method for USB devices, and the
`
`design of numerous analog and digital circuits and systems. I remained at
`
`Cygnal until its acquisition by Silicon Laboratories Inc. in 2003, at which time
`
`I joined Zilker Labs, a start-up company in Austin, Texas, as their first VP of
`
`Engineering and later became their Chief Technical Officer.
`
`8. My responsibilities at Zilker Labs included the development of
`
`advanced IC technologies for power management and delivery for board-level
`
`electronic systems. Specific duties included architecture design and firmware
`
`development for all Zilker Labs products. I left Zilker Labs in 2006 to join
`
`Keterex as their first VP of Engineering. My responsibilities at Keterex
`
`included management of engineering resources, design and layout of
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`application-specific integrated circuits, and development of software and
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`firmware for Keterex products. I joined Silicon Laboratories in 2010 as a
`
`Principal Design Engineer and I held the title of Fellow when I retired in 2017.
`
`My responsibilities included architecture development and design of 8-bit and
`
`32-bit microcontrollers. Projects included microcontrollers for metrology,
`
`motor control, and low-power and USB applications.
`
`9.
`
`I hold over 60 patents on technologies such as wireless telemetry
`
`for medical devices, low-power analog-to-digital converters, security in
`
`embedded systems, clock recovery in communication systems, serial
`
`communication protocols, and power management and conversion. I have
`
`authored or co-authored over 25 articles, presentations, and seminars on topics
`
`including radiation effects in microelectronics, wireless medical devices, low-
`
`power circuit design, circuit design for digital communications,
`
`microcontrollers and embedded systems, and power management. I am also a
`
`co-author of the PMBus™ Power System Management Protocol Specification.
`
`10.
`
`I have been asked by Fundamental Innovation Systems
`
`International LLC to explain the technologies involved in U.S. 8,624,550, the
`
`technologies described in the cited references, the knowledge of a person of
`
`ordinary skill in the art at the time of the invention, and other pertinent facts
`
`and opinions regarding IPR2018-00111.
`
`11.
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`hourly rate, plus reimbursement for expenses. My compensation does not
`
`depend on the outcome of this case or any issue in it, and I have no interest in
`
`this proceeding.
`
`II. Technology Background
`A. Device States
`12. When a USB device is plugged into a host's USB port, the host
`
`and the device undergo a series of handshakes in order for the host to access
`
`the device's functions. This process—which involves "initial exchange of
`
`information that enables the host's device driver to communicate with the
`
`device"—is called enumeration. Ex. 2003 ["USB Complete"] at 74.
`
`13. During the enumeration process, the device moves through a
`
`number of states until it reaches the "Configured" state. Shown below is the
`
`"Device State Diagram" from the Universal Serial Bus Specification Revision
`
`2.0 dated April 27, 2000 ("USB 2.0"), with added annotation. Ex. 1008-0268.
`
`This Device State Diagram illustrates the states that the device moves through
`
`during the enumeration process. Among these states, "Power," "Default" and
`
`"Address" are all considered unconfigured states. Apart from the "Attached"
`
`state, the device can transition into the so-called "Suspended" state from any of
`
`the "Power," "Default," "Address," or "Configured" states when the device
`
`fails to detect any bus activity for 3 milliseconds. Ex. 1008-0269.
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`14.
`
`I explain briefly below the states that the devices are in:
`
`15. An "Attached" state is the state in which a device is plugged into a
`
`hub, but the hub to which the device is connected is not yet powering VBUS.
`
`Ex. 1008-0270; Ex. 2003 at 79; Ex. 2006 at 100. Strictly speaking, "Attached"
`
`is a pre-enumeration state because the bus enumeration steps described in USB
`
`2.0, Section 9.1.2 only apply to when a USB device is attached to "a powered
`
`port." Ex. 1008-0271.
`
`16. The device enters the "Powered" state when it receives power
`
`from the connected USB port. Ex. 1008-0270; Ex. 2003 at 76, Step 1; Ex.
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`2006 at 96 (Step 1).
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`17. The device enters the "Default" state after it receives a reset
`
`command from the bus and completes the reset. Ex. 1008-0270. In this state,
`
`the device is addressable at a "default address." Id. The device should not
`
`respond to any bus transactions before the Default state. Id.; see also Ex. 2003
`
`at 76-77 (steps 2-5); Ex. 2006 at 97 (steps 5-7). Once in the Default state, the
`
`host can begin to inquire about the device's natures and capabilities. Id.
`
`18.
`
` The device enters its "Address" state when the host assigns it a
`
`unique address. Ex. 1008-0270. The device "maintains its assigned address
`
`while suspended." Id. Before the Address state, the device responds to
`
`requests from the host with the default address.
`
`19. The device must be configured before its device-specific functions
`
`can be used. Ex. 1008-0271. The device is configured once it correctly
`
`processes a "SetConfiguration" request from the host containing a non-zero
`
`configuration value. Id. Before this occurs, the host issues "GetDescriptor"
`
`request(s) to learn of the device's abilities. The host learns additional
`
`information about the device "by requesting the one or more configuration
`
`descriptors specified in the device descriptor." Ex. 2003 at 78; Ex. 2006 at 98;
`
`see also Ex. 1008-00271, -0272. Per the USB specification, there is no way for
`
`a USB device to be configured without going through the steps of enumeration.
`
`And there is no way for a device to perform its device-specific USB functions
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`without being configured. As a result, if a device performs its device-specific
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`USB functions, this necessarily implies that it has been through enumeration,
`
`and is configured.
`
`20. As noted before, a device enters the "Suspended" state when it
`
`does not see bus activity for 3 ms. Ex. 1008-0269. The device maintains its
`
`address and configuration in the "Suspended" state. Ex. 1008-0271.
`
`21. Having explained the states that a USB device may be in, I explain
`
`in more detail the bus enumeration process that "identif[ies] and manage[s] the
`
`device state changes necessary." Ex. 1008-0271.
`
`B.
`Enumeration Steps
`22. The enumeration process involves a series of steps. First, when a
`
`user plugs the device in to the powered port of a USB hub, the device enters
`
`the "powered" state. Ex. 2003 at 76; Ex. 2006 at 96. In this state, the device
`
`may receive power from the USB hub—however, it may not draw more than
`
`100 mA from VBUS until it is configured. Ex. 1008-0270 to -0271.
`
`Furthermore, the USB port to which the device is attached is disabled (Ex.
`
`1008-0271), and the USB device cannot respond to any requests from the USB
`
`bus until it receives a "reset" command from the bus. Ex. 1008-0270.
`
`23. Next, the hub detects the device by "monitor[ing] the voltages on
`
`the signal lines of each of its ports." Ex. 2003 at 76; Ex. 2006 at 96. In this
`
`step, the USB device sends a high voltage on either the D+ or D- line. Id. The
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`USB hub detects the voltage and determines that the device is either a full-
`
`speed device (if D+ is high) or a low-speed device (if D- is high). Ex. 2003 at
`
`76, 77; Ex. 2006 at 96, 97 (detecting whether full-speed device supports high
`
`speed); Ex. 1008-0271. Upon detecting the device, the hub "continues to
`
`provide power but doesn't transmit USB traffic to the device." Ex. 2003 at 76;
`
`Ex. 2006 at 96. The hub then reports to the host that one of its ports (and
`
`indicates which port) has experienced an event. Id.
`
`24. The host learns of the nature of the event, and of the attachment of
`
`the new device, by sending a "Get_Port_Status" request. Ex. 2003 at 76; Ex.
`
`2006 at 96.
`
`25. Then, the host issues a port enable and reset command to the port,
`
`which puts the port into the "enabled" state. Ex. 1008-0271; Ex. 2003 at 76;
`
`Ex. 2006 at 97. In an enabled state, the host can now signal the connected
`
`USB device with control packets.
`
`26. After the reset, the USB device enters the "default" state and can
`
`still draw no more than 100 mA from the VBUS line. Id. In this state, the
`
`USB device uses the "default address" of 0 to receive control requests. Ex.
`
`1008-0271; Ex. 2003 at 77; Ex. 2006 at 97.
`
`27. The USB host then reads the device's device descriptor to
`
`determine the maximum data payload the USB device can use. Id. Maximum
`
`data payload refers to the maximum packet size. Id. Either before or after the
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`USB host requests the device's device descriptor to determine the maximum
`
`payload, the host assigns a unique address to the USB device, such that it is in
`
`the "Address" state. Ex. 1008-0271; Ex. 2003 at 77-78; Ex. 2006 at 98.
`
`28. The host then "sends a Get_Descriptor" request to the new address
`
`to learn about the device's abilities. Ex. 2003 at 78; Ex. 2006 at 98. The
`
`standard USB descriptors include the following fields (see Ex. 1008-0291 to -
`
`0292, Table 9-8):
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`29. The descriptor description above matches that listed in U.S.
`
`5,884,086 ("Amoni"), Table II. As noted by Amoni, the descriptors can
`
`include information unique to a device, including its nonstandard voltage or
`
`current configurations. For example, such information can be encoded by
`
`"assign[ing] a vendor specific Device Class . . . and designat[ing] a unique
`
`device sub-class assignment with unique encoded voltage and power
`
`requirements." Ex. 2004 [Amoni] at 7:16-19. Alternatively, the information
`
`can be encoded with "a Product String Index [iProduct] pointing to a string
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`containing voltage and current requirements." Id. at 7:27-29. Additionally, the
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`USB specification provides that the "assignment of class, subclass, and
`
`protocol codes must be coordinated but is beyond the scope of this
`
`specification." Ex. 1008-0273. Hence, the USB Specification does not restrict
`
`the content or values that may be associated with Device Class or device sub-
`
`class. Additionally, the USB specification does not limit the content of the
`
`string descriptor associated with iProduct.
`
`30. The host continues to learn about the device "by requesting the
`
`one or more configuration descriptors specified in the device descriptor." Ex.
`
`2003 at 78. The configuration descriptor has the following fields (Ex. 1008-
`
`0292 to -0293, Table 9-10). As Amoni noted, the iConfiguration field can also
`
`be used to encode a device's nonstandard voltage or current configuration, e.g.,
`
`with the index "point[ing] to the location of a text string of UNICODE format"
`
`as specified in section 9.6.7 of USB 2.0. Ex. 2004 [Amoni] at 7:37-44. Again,
`
`the USB specification does not limit the content of the text string descriptor
`
`associated with iConfiguration.
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`31. The host then reads the "configuration" information from the
`
`device, which contains information about the device's capabilities. Ex. 1008-
`
`0271; Ex. 2003 at 77; Ex. 2006 at 98-99. Finally, the host assigns a
`
`configuration value to the USB device, which puts the device into the
`
`"configured" state. Ex. 1008-0272; Ex. 2003 at 79; Ex. 2006 at 99-100.
`
`Before this step, since the host does not yet know what additional functionality
`
`the device can support, the host will only issue standard device requests, and
`
`hence the device will only respond to standard device requests. See Ex. 1008-
`
`0278-79 (describing the various standard device requests and noting that "USB
`
`devices must respond to standard device requests, even if the device has not yet
`
`been assigned an address or has not been configured"); Ex. 2003 at 37
`
`(application communications began after enumeration); Ex. 2006 at 41 (same).
`
`After it is configured, however, the device can participate in additional USB
`
`communications, and draw an amount of power across the VBUS according to
`
`its configuration. Ex. 1008-0272; Ex. 2003 at 79; Ex. 2006 at 99-100.
`
`32. Either shortly before, or shortly after, the USB device enters the
`
`"configured" state, the host assigns and loads a device driver. See Ex. 2003 at
`
`78-79; Ex. 2003 at 99. While the USB 2.0 specification does not explicitly
`
`describe loading the device driver as being part of the enumeration process (see
`
`Ex. 1008-0271 to -0272), the process of loading the device driver is closely
`
`related to enumeration and depends on information obtained during the
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`enumeration process, particularly in the Windows operating system. See Ex.
`
`2003 at 78-79 ("In selecting a driver, Windows tries to match the Vendor and
`
`Product IDs, Release Number, and or class information retrieved from the
`
`device with the information stored in the system's INF files."); Ex. 2006 at 99
`
`(same); see also Ex. 1008-0311 to 0313 (during device configuration, "[t]he
`
`configuring software first reads the device descriptor, then requests the
`
`description for each possible configuration. It may use the information
`
`provided to load a particular client, such as a device driver, which initially
`
`interacts with the device. The configuring software, perhaps with input from
`
`that device driver, chooses a configuration for the device."). Thus, regardless
`
`of whether loading a driver is explicitly part of enumeration, loading the driver
`
`cannot occur in the absence of enumeration.
`
`33. Shortly after the enumeration process has been completed, the
`
`device has transitioned from being unrecognized by the USB host, to being
`
`identified, configured, and ready for operation. This configuration is critical to
`
`normal operation of the USB device, because "[a] USB device must be
`
`configured before its function(s) may be used." Ex. 1008-0272. The USB
`
`device may now also draw power over the VBUS line according to the
`
`configuration information set by the USB host. Id.
`
`34. When a hub instead of a device is connected to a host, the host
`
`also undergoes enumeration with the hub (as well as any devices attached to
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`the hub) using the same procedures as described above. Ex. 2003 at 79-80; Ex.
`
`2006 at 100.
`
`III. Use of SE1 in Cited Prior Art
`35. Petitioners allege that a POSA "would have known that the SE1
`
`condition would be a logical choice for conveying information about a device
`
`without interfering with USB signaling." Pet. 51, 11.
`
`36.
`
`I disagree with Petitioners' conclusions. It is of course possible to
`
`use an SE1 signal effectively, as established by the '550 patent. But a POSA
`
`would conclude that the attempt to shoehorn SE1 into the Rogers system, in
`
`particular using SE1 as part of normal USB communications, is not viable.
`
`Indeed, Petitioners' assertions contradict the knowledge of a POSA, as
`
`Samsung's expert correctly testified that SE1 signaling interferes with, and
`
`indeed terminates, USB communication (Ex. 2005 [Garney] at 260:17-262:10):
`
`Q. So if an SE1 condition is detected, what are the two events that
`will occur?
`
`A. What this is saying is if an SE1 is detected by a hub, then it's
`required to disconnect the device, and if an SE1 is detected by an
`attached device it would detect as a reset -- just a minute. Let me
`read this more carefully.
`
`The SE1 condition has to exist for more than two-1/2
`microseconds, which is the definition of a reset condition.
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`Q. And when you have 2.5 microseconds of the SE1 condition,
`the hub will disconnect itself from the device, correct?
`
`A. If a hub sees an SE1 condition for more than 2-1/2
`microseconds, it would put the port into a disconnect state.
`
`Q: And what does that mean, being in a disconnect state?
`
`A. The things that are attached to that -- to that hub at that port
`would be -- another word that's used is a disabled port. No more
`signalling -- no more data signalling would be delivered across
`that communication -- across that connection between the hub
`and the attached device or hub that might be connected to it.
`
`. . .
`
`Q: How long would the device and the hub be disconnected after
`the SE1 signal was received?
`
`A: Until the enumeration is repeated.
`
`Q: And if the SE1 signal occurs again?
`
`A: I mean, this describes what needs to happen. Any time the
`hub puts the port into disconnect state, the enumeration would
`have to be repeated.
`
`37. Mr. Garney's description above comports with the USB
`
`specification's description that a USB hub disable the USB port when SE1
`
`signaling is observed to avoid "errors that are very difficult to isolate and
`
`correct":
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`Each port is required to have a timer used for detecting disconnect
`when a full-/low-speed device is attached to the port. This timer is
`used to constantly monitor the port's single-ended receivers to
`detect a disconnect event. The reason for constant monitoring is
`that a noise event on the bus can cause the attached device to
`detect a reset condition on the bus after 2.5 µs of SE0 or SE1 on
`the bus. If the hub does not place the port in the disconnect state
`before the device resets, then the device can be at the Default
`Address state with the port enabled. This can cause errors that
`are very difficult to isolate and correct.
`
`Ex. 1008-0344, § 11.5.2.2.
`
`38. Petitioners cite a number of references that they contend relate to
`
`SE1 signaling "without interfering with USB signaling." Pet. 11-14. For
`
`example, Petitioners rely on Shiga as the basis for combination with
`
`Dougherty. But in Shiga, a SE1 signal is sent by a USB keyboard as a wake-up
`
`signal to a host computer when the host computer's power supply is turned off.
`
`Ex. 1006. When the power supply is turned off, the D+ and D- lines of the
`
`USB keyboard and D+ and D- lines of the USB host "are not connected to each
`
`other." Ex. 1006 at 8-12. Instead, the D+ and D- lines of the USB keyboard
`
`are connected to input terminals of the comparators in the wake-up means 3.
`
`Ex. 1006 at 6:12-15, 6:59-65, 7:4-8.
`
`39. The wake-up means of Shiga contains only two comparators and
`
`an "AND" circuit that takes as input the outputs of the two comparators.
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`Ex.1006 at Fig. 1, 7:9-15. When the output from both the comparators are high
`
`(because the voltage on the D+ and D- lines of the USB keyboard exceeded
`
`1.5V), the AND circuit output turns on the main power supply. Id. But the
`
`wake-up means does not perform USB communications. Accordingly, Shiga
`
`does not teach using SE1 signaling under circumstances where USB
`
`communication would be possible. Indeed, the data lines of the USB keyboard
`
`in Shiga are only reconnected with the data lines of the host after the main
`
`power supply is turned on, that is, after the SE1 signaling and processing has
`
`taken place. Ex. 1006 at 7:16-31.
`
`40. Petitioners also cite to Kerai in support of its contention, asserting
`
`that an SE1 signal in Kerai results in a special charging mode. Pet. 13. This is
`
`incorrect—Kerai teaches, regarding Figure 3 upon which Petitioners rely:
`
`[E]ach logic detector 50 detects the state of a corresponding line
`25, 26 and, where the state is found to be high, permits current to
`flow into a corresponding capacitor 51. The output from each
`capacitor 50 supplies the charging terminal 52 which is connected
`to the battery charging circuit 19. Ex. 1012 at 5:47-53.
`
`Kerai thus teaches that its battery will draw power from the USB data lines (not
`
`the VBUS line as the claims require) whenever either D+ or D- (line 25 or 26)
`
`is held high. This charging mode does not depend on SE1—i.e., the condition
`
`where both D+ and D- are held high simultaneously. For instance, Kerai's
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`battery will draw power even when only one of D+ or D- is high at any given
`
`time. See Ex. 1012 at 3:30-33 (conductors 25 and 26 "carry differential data
`
`signals D- and D+").2 To the extent that Kerai 5:43-59 involve a USB
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`connection, Kerai also states that "the data lines of a serial connection are held
`
`high when the connection is inactive." Ex. 1012 at 5:45-47. To the extent that
`
`the state in which Kerai's "data lines of a serial connection are held high"
`
`corresponds to the SE1 state, Kerai makes clear that "the connection is
`
`inactive" in the SE1 state. This means there would be no data communication.
`
`41. Petitioners also cite to Casebolt and Cypress as supposedly
`
`teaching the desirability of SE1 signaling in USB communication. However,
`
`in both Casebolt and Cypress, the SE1 signaling state is used in situations
`
`where some communications protocol other than USB is desired. For
`
`example, Cypress relates to a peripheral controller that is capable of either
`
`USB protocol or PS/2 protocol communications. Ex. 1011 at 6 ("The
`
`CY7C637xx features up to 16 general purpose I/O (GPIO) pins to support
`
`USB, PS/2 and other applications."). Cypress teaches that its SE1 signaling
`
`state occurs under "PS/2 Operation," and only "[w]ith USB disabled." Ex.
`
`1011 at 24. Accordingly, Cypress would provide no indication to a POSA that
`
`
`2 Additionally, Kerai recognizes that its scheme may, in fact, interfere
`with USB signaling. For example, Kerai warned that its charging scheme
`could "hav[e] a detrimental effect on the data rate of the [USB] port." Ex.
`1012 at 5:56-59.
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`SE1 signaling should be used on a channel where USB is desired.
`
`42. Casebolt likewise teaches a peripheral device that is capable of
`
`using either the USB or PS/2 protocol. Ex. 1010 at 2:27-41. In Casebolt, SE1
`
`indicates that USB communication is not desired—the SE1 state "causes USB
`
`functions to be terminated" so that PS/2 communications can begin. Ex. 1010
`
`at 7:40-46. Thus, contrary to Petitioners' assertion, a POSA would not
`
`understand Casebolt as teaching the use of an SE1 state "without interfering
`
`with USB signaling" as Petitioner contends because the purpose of the SE1
`
`state in Casebolt is to terminate USB functionality.
`
`43.
`
`In summary, the state of the art as summarized by Petitioners
`
`shows that SE1 was not used in a system where the host and the device would
`
`continue to communicate under normal USB protocols. In particular, none of
`
`the references contemplate that a device would respond to a normal USB
`
`inquiry from a host with an SE1 signal. Nor do those references show that SE1
`
`was contemplated to signal a power supply to supply current without regard to
`
`at least one condition associated with current supply or without regard to at
`
`least one limit specified in the USB specification as related to current supply.
`
`IV. Level And Knowledge Of Skill In The Art
`44.
`It is my opinion that a person of ordinary skill in