UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ZTE (USA) lnc.,
`Samsung> Electronics Co., Ltd., and
`Samsung Electronics America, Inc.
`
`Petitioner
`v.
`
`Fundamental Innovation Systems International LLC
`
`Patent Owner
`
`Case lPR2018-001 11
`
`Patent 8,624,550
`
`DECLARATION OF MR. STEVEN ROGERS
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US. Patent & Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`0534333
`
`FISI Ex 2012-p 1
`Huawei v FISI
`|PR2018—00465
`
`FISI Ex 2012-p 1
`Huawei v FISI
`IPR2018-00465
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ZTE (USA) lnc.,
`Samsung> Electronics Co., Ltd., and
`Samsung Electronics America, Inc.
`
`Petitioner
`v.
`
`Fundamental Innovation Systems International LLC
`
`Patent Owner
`
`Case lPR2018-001 11
`
`Patent 8,624,550
`
`DECLARATION OF MR. STEVEN ROGERS
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US. Patent & Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`0534333
`
`FISI Ex 2012-p 1
`Huawei v FISI
`|PR2018—00465
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`FISI Ex 2012-p 1
`Huawei v FISI
`IPR2018-00465
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`
`
`TABLE OF CONTENTS
`
`Egg
`
`1.
`
`ll.
`
`Current Supplied on the VBUS Pin ofthe Power Supply System ............................ 3
`
`Communication between Base Station and Accessories ........................................... 7
`
`111.
`
`Enumeration and Current Supply before Configuration .......................................... 12
`
`osmn
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`1.
`
`My name is Steven Rogers.
`
`I am the sole inventor on US. Pat.
`
`No. 6,556,564 (“Rogers”), which I understand was raised as a prior art
`
`reference against US Pat. No. 8,624,550.
`
`2.
`
`l have experience with the creation ofnumerous networking,
`
`security telephony, and interface products, in a number of areas.
`
`I have
`
`founded and led several technology-based companies. These include Cryptek,
`
`Inc. (secure terminals), Objective Communications, lnc. (video switching),
`
`Cetacean Networks, Inc. (advanced routers). and Rivulet Communications, Inc.
`
`(real-time video networks).
`
`3.
`
`I currently serve as the CEO ofCentripetal Networks, lnc., which
`
`is developing the first strategic technology solution for cyber security.
`
`I
`
`previously provided analysis and development services for Unisys, American
`
`Satellite Corporation, Harris Government Systems, and COMSAT.
`
`I earlier
`
`served in the USAF, where I worked on new secure communications systems
`
`including the AWACS, National Military Command Center, various space-
`
`based systems, and Air Force One.
`
`4.
`
`l have a Bachelor ofScience degree in Electrical Engineering
`
`from Virginia Tech.
`
`I have over 10 US Patents and my current company has
`
`many more patents.
`
`5.
`
`Over my career, my work has involved various interface designs.
`
`As a result, I am familiar with many types of network and component
`
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`interfaces, including the USB interface. In fact, I have been familiar with the
`
`USB Specifications, Revisions 2.0, since at least April 2000. Additionally,
`
`because of my work and my interaction with other engineers and scientists, I
`
`am familiar with the general knowledge that a person with a master’s degree in
`
`electrical engineering, computer science, or a related field, plus 2-3 years of
`
`experience with Universal Serial Bus (“USB”) might possess in the 2000-2002
`
`time frame.
`
`6.
`
`l have been asked by Fundamental Innovation Systems
`
`International LLC (“Fundamental”) to provide factual background regarding
`
`the inventions described in the Rogers patent.
`
`1.
`
`Current Supplied on the VBUS Pin of the Power Supply System
`
`7.
`
`The LAN telephone’s power supply system depicted in Figures 6
`
`and 7(a) ofthe Rogers patent was designed to increase the maximum output
`
`voltage but comply with the USB speeilication’s current supply limits.
`
`In
`
`particular, the LAN telephone would output either 48V or 5V DC power on the
`
`VBUS pin (Pin 1) ofthe USB connector as depicted in Figure 7(a).
`
`osxun
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`Vcc +48
`
`Cuurent Sense \
`
`48 VDC Power
`
`Vcc
`
`VDC 90 «LResistors 98
`
`"
`
`Switch 99/)
`
`+5 or 45 VDC 100 \\
`
`Vcc +5 VDC 91- x
`HV Comparator— X
`92
`
`+
`‘
`
`\
`
`NC
`
`5 VDC Power
`SW'lCh 97
`D “’1.
`101
`
`a
`- LV Comparator 93
`p
`Microproccessor Bus 9
`
`ut Butter 94
`
`D + ~— -’
`102
`‘Output Latch
`96
`~»———~7-___...__.,,
`
`\
`I
`,, 7'7 _}‘
`/
`
`Pin 2
`- _.
`
`Pin 3
`
`I
`
`Pin 4
`
`‘
`ACCESfiC'Y
`USB "A.
`
`FIG. 7(a)
`
`Power Gnd Connector
`
`"'3
`
`‘04
`
`8.
`
`The current on the VBUS pin, however, would need to comply
`
`with the current limit for cables and connectors specified in the USB
`
`specification. At the time, that limit was a maximum of 500 mA, after device
`
`configuration.
`
`(By configuration, I mean the last step ofthe USB bus
`
`enumeration step where the host selects a configuration for use by the device.
`
`See USB 2.0 at 243-244). The combination ofa 5V supply, with a SOOmA
`
`current limit, means that a USB device would be limited to about 2.5 watts.
`
`9.
`
`As explained in my patent, a USB standardized interface was
`
`chosen “for future expansion.” Ex. 1005, 10:59-64.
`
`In the 2000-2002 time
`
`frame, most USB cables used to connect the base station with the accessories
`
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`had wire gauges designed to carry a current of about 500mA. (Higher voltage
`
`would not be a problem for the wires.) Thus, to ensure maximum
`
`compatibility with accessories and associated cables, the power supply system
`
`in the Rogers system was limited to the USB limit of 500 mA ofsupply
`
`current.
`
`10.
`
`In other words, the design illustrated in the Rogers patent was to
`
`increase power available from a USB port by increasing voltage, without
`
`altering the maximum allowed current. This is clear from my description of
`
`the modification as “a dual-voltage accessory power system” with no reference
`
`to current or other modifications. (Ex. 1005 at l 1:16—17). A skilled artisan
`
`would interpret this as indicating my design modified only the voltage supply
`
`requirement ofthe USB specifications. This is also clear from the statement
`
`that when the LAN telephone “alternatively suppl[ied] power at 48VDC,
`
`instead of 5VDC,” the maximum power consumption is increased “by a factor
`
`of 10.” 1005 at 11:16-19. A skilled artisan would understand that the stated
`
`power increase (or more precisely the increase by a factor of9.6) was
`
`calculated as the ratio of48VDC and SVDC because power consumption in
`
`this case would equal to voltage times current. That is, a skilled artisan would
`
`understand that the stated increase of power was achieved by holding the
`
`maximum supply current constant while varying supply voltage. Hence, a
`
`maximum current ofSOOmA, combined with a higher input voltage of, for
`
`05843.13
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`example, 48V, would have a potential to deliver up to 24 Watts of power to the
`
`accessory. 24W is about 10 times that is available from a normal USB port (or
`
`about 2.5W) at that time. Ex. l005 at 11:16-19.
`
`1 1. With a 48V input to an accessory internal power system depicted
`
`in Fig. 7(b), sufficient current would be available to operate 100 LEDs, each
`
`requiring 20mA ofcurrent for a total of 2A. This increase in current was
`
`achieved through the DC—DC converters shown in Fig. 7(b). As an example,
`
`assume that 48VDC andjust 225mA was provided on the VBUS Pin 1 ofthe
`
`accessory in Fig. 7(b). Further assume that each ofthe “48-5 DC-DC
`
`Converter 1 12” and “5-3.3 DC-DC Converter 1 14” was 80% efficient, a level
`
`ofefliciency typical for an efficient switching converter in the early 2000’s.
`
`Hence, the voltage output after the “48—5 DC—DC Converter 1 12” would be
`
`SVDC and the current output would be (input power *80%) divided by output
`
`voltage =48VDC*225mA*80%/5VDC = 1728 mA. Correspondingly, the
`
`voltage output after the “5-3.3 DC-DC Converter 1 14” would be 3.3 VDC and
`
`the current output would be 5VDC*1728 mA*80%/3.3VDC = 2095 mA (or
`
`2.1A). This conversion is illustrated below. A skilled artisan would understand
`
`that the use of DC—DC converters would allow the accessories to receive the
`
`current they needed for operation while keeping “the current required [at the
`
`input connector] as low as possible.” Ex. 1005 at 10:28-32.
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`0554333
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`48V and 225mA
`into converter 112
`
`‘
`
`.7
`
`
`
`/105
`48V and
`r “7..
`
`rig/\C/CDC 100
`225mA
`‘17 [
`Input Power BUS
`\
`‘
`across VBUS
`#5 or 48 VDC
`l
`7_
`
`
`_ _. ,A_L _ _Pin_1.
`DC Power
`wrlch 97
`
`pm?
`"7
`D ‘ ~ "
`
`‘01
`
`5v and 1.73A into
`
`converter 114
`
`
`, ~To Accessory Downstream
`
`(\
`Power Circun
`— ~-——\ -----------—>
`,. A___.__ Y ,
`l
`_
`.
`Vcc ~5V
`
`5,33 00m
`116
`
`0 Con ‘enertld T
`
`‘Accessory
`J
`Power 117 9'6W
`\
`9‘swPower Selccl
`Switch 113
`
`
`
`
`'
`Output Lalch
`A
`.
`fig???
`:0”)
`Power Gnd Connector
`103
`104
`pgwe‘r lupplv
`
`Fi
`
`. 7 a
`
`
`
`
`LEI-m» \
`tvmta
`96
`Power Gnd 109
`Resistor108
`
`
`
`_.
`
`.. W 7
`
`7
`
`2.1A t0 LEDS
`
`lnpul
`Butler 119
`
`
`
`FIG. 7(1)) accessory
`.
`'
`assuming 80% conversron efficiency
`
`.
`
`11.
`
`Communication between Base Station and Accessories
`
`12.
`
`As noted in my patent, the LAN telephone in my design would
`
`use “Universal Serial Bus (USB) to communicate with the accessories.” Ex.
`
`1005 at 10:56-64. USB was chosen because it “is a relatively simple, fast (1.5
`
`to 480 megabits per second), and standardized bus used for computer devices”
`
`and is therefore suitable “for future expansion” ofthe accessory systems. Ex.
`
`1005 at 10:59-60, 10:62-64. A skilled artisan would understand that to allow
`
`for future expansion, the base unit would use normal USB communication
`
`protocols, because otherwise interoperability with newer USB devices might
`
`not be possible.
`
`13.
`
`The operator console in my patent is an example of an accessory
`
`that would communicate with the base station using normal USB protocols.
`
`For example, the operator console is described as having a “microprocessor
`
`658-1333
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`124 [that] connect[ed] with the USB Interfaces 123” and “[o]ne ofthe
`
`Interfaces 123 [was] used for ‘Upstream’ communications, to the base station.”
`
`Ex. 1005, 12:60-67. Thus, a skilled artisan would understand that when a
`
`button on the operator console was pushed, the base station would be informed
`
`which extension just became busy and which LED or the number of LEDs that
`
`were lit. Ex. 1005, 12:46-59.
`
`14.
`
`I describe in column 1 1, lines 44 to 51 that the base station would
`
`query the accessory “via the USB interface 55, to determine if the accessory
`
`uses 48 VDC” and such query would preferably be provided “over the data
`
`lines.” Ex. 1005 at 1 1:44-51. A skilled artisan would understand that the data
`
`lines refer to D+ and D- lines ofthe USB interface. The artisan would further
`
`understand that the query would be sent via normal USB communication
`
`protocol, because as I noted above, the base station was equipped with USB for
`
`future expansion (Ex. 1005 at 10:59-64) and to ensure interoperability with
`
`unknown USB devices, it would use normal USB communication protocols.
`
`The artisan would further understand that the response to this normal USB
`
`query would be in accordance with normal USB communication protocols as
`
`well. This understanding would be consistent with the description that the
`
`operator console would use an USB interface for “‘Upstream’ communications
`
`.
`
`.
`
`. to the base unit.” Ex. 1005, 12:60-67. This disclosure would indicate to a
`
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`skilled artisan normal USB communications, rather than idiosyncratic
`
`signalling.
`
`15.
`
`This is because a skilled artisan would know that deviating from
`
`USB communication protocols and resorting to illegal or otherwise non-
`
`defined signals would lead to indeterminate states that would disrupt intended
`
`data exchanges, degrade the performance ofthe phone and accessories, or even
`
`damage the phone or accessories. Thus, in the 2000-2002 time frame, a skilled
`
`artisan designing USB accessories and hosts would not have incorporated
`
`illegal or otherwise non-defined signals (such as SE 1) into a design like the
`
`Rogers LAN telephone on purpose, in particular ifthat person had at least 2-3
`
`years of experience in USB designs because he would have been aware of all
`
`the negatives of using such illegal or otherwise non-defined signals.
`
`In
`
`particular, a skilled artisan would not have thought it advisable to have a USB
`
`device to respond with an illegal or otherwise non—defined signal to a normal
`
`USB query from a host, which would disrupt the established USB
`
`communication channel between the base station and the accessory.
`
`16. Additionally, my design required differentiating a high—voltage
`
`accessory from a low voltage accessory.
`
`Incorrectly interpreting or being
`
`unable to interpret the signal would cause the base station to supply too high a
`
`voltage to a low-voltage accessory and would likely damage the low-voltage
`
`accessory as a result. Hence, a skilled artisan would have had even less reason
`
`0584333
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`to deviate from established normal USB communication protocols that would
`
`ensure correct exchange of the information between the base station and the
`
`accessories.
`
`17.
`
`A skilled artisan would understand that basic USB communication
`
`protocols would accommodate the 48VDC query-and—response. Specifically,
`
`the artisan would understand that the base station could send a
`
`GET_DESCRIPTOR query to the accessory during enumeration, and the
`
`device could respond with a vendor and device ID that the base station would
`
`recognize as indicting a higher voltage capability. Alternatively, the artisan
`
`would understand that the base station could also send a
`
`GET_CONFIGURATION query to the accessory, and the device could
`
`respond with a configuration descriptor that indicates its higher voltage
`
`capability. The host could then send a SET_CONFIGUATION request to
`
`confirm the selection ofthe configuration.
`
`18.
`
`The query-and-response step could also occur after enumeration.
`
`In this case a vendor—specific USB message (cg, “DETECT_HIGHPOWER”)
`
`could be used to query the vendor-identified device and learn ofthe ability to
`
`receive a higher voltage input. Once the message was confirmed by the
`
`accessory, the base station could, in this case turn on the higher voltage, and
`
`then send the device another message (e.g., “SET_HIGH_POWER”) to cause
`
`the device to use the high power mode. Once this vendor—specific protocol
`
`6584333
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`exchange that followed the USB communication protocol was complete, the
`
`device would be able to function with the availability of high power. For
`
`example, the base station could send a message, SET_INDICATOR, that
`
`contained the desired status ofall indicators. A skilled artisan would
`
`understand that this command and others like it would be contained in a driver
`
`loaded by the base station during enumeration or handshaking with the
`
`operator console. With 100 LEDs, the SET_IND1CATOR message could be
`
`12+ bytes long, with a bit for each LED. The operator console could have a
`
`corresponding PRESSED-BUTTON message that would indicate which button
`
`was pressed, again with a l2—byte long string in which each bit corresponds to
`
`a button. The SET_INDICATOR and PRESSED_BUTTON messages would
`
`follow normal USB protocols. Other designs would have been within the skills
`
`of the artisans.
`
`19.
`
`These normal USB communications (whether as part of
`
`enumeration or after enumeration) would have safeguards to ensure proper
`
`message delivery, such as via handshake packets or error correction
`
`mechanisms. E.g., USB 2.0 (Ex. 1008) at § 8.7. For these reasons and because
`
`the base station was already having normal USB communications and
`
`enumerations with the operator console, a skilled artisan would have continued
`
`to use normal USB communications to perform the query—and-response step.
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`III. Enumeration and Current Supply before Configuration
`
`20.
`
`As noted above, the base station ofthe LAN telephone in my
`
`design would communicate USB data with the accessories.
`
`In 2000-2002, a
`
`skilled artisan would have understood that enumeration would be necessary for
`
`device specific data exchange between the base station and the accessories.
`
`This is described in USB 2.0. For example, USB 2.0, § 9.1.1.5 states: “Before
`
`a USB device’s function may be used, the device must be configured.” USB
`
`2.0, § 9.1.2 also describes that a device is only “ready for use” after the last
`
`step ofthe enumeration process.
`
`21.
`
`A skilled person in 2000-2002 would understand from USB 2.0,
`
`including the description quoted above, that before completion of enumeration,
`
`a host (like the base station in my patent) and a connected device (like an
`
`accessory in my patent) would only transfer control packets, such as the
`
`enumeration packets, but not data packets specific to the device’s functionality.
`
`Hence, to the extent the query by the base station and the response by the
`
`accessories took place outside the enumeration process, they would take place
`
`after enumeration had completed. Similarly, a skilled artisan would understand
`
`that the operator console only started operating with LED lights turned on after
`
`enumeration and after the power supply was configured to deliver more power.
`
`22.
`
`I understand that ZTE and Samsung have asserted that the base
`
`station in my design would supply more than 100 mA ofcurrent before the
`
`0534.133
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`accessories were configured.
`
`I do not know how ZTE or Samsung inferred this
`
`from my patent. The only deviation in my design from the USB specifications
`
`was the higher supply voltage. Ex. 1005 at l 1:16-19 (“The disclosed dual—
`
`voltage accessory power system allows the LAN telephone 4 to alternatively
`
`supply power at 48 VDC, instead of5 VDC, thus increasing the power
`
`consumption by a factor of 10.”).
`
`In fact, a skilled artisan reading my patent
`
`would understand that before configuration and before the accessories started
`
`communicating with the base station, the accessories needed comparatively
`
`little power and 100mA of current was sufficient for the
`
`enumeration/handshaking process. For example, before configuration, the
`
`operator console would not be in an operating state, and no LEDs would be
`
`turned on by the accessory. The skilled artisan would also understand that the
`
`device would not draw more than 100mA of current before configuration
`
`because the excess current would not be available.
`
`I declare under the penalty of perjury that all statements made herein of my
`
`own knowledge are true and that all statements made on information and belief
`
`are believed to be true; and further that these statements were made with the
`
`knowledge that wilful false statements and the like so made are punishable by
`
`fine or imprisonment, or both, under Section 1001 ofTitle l8 ofthe United
`
`States Code.
`
`«5:44.313
`
`- l3 -
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`FISI Ex 2012-p 14
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`W
`
`Steven A. Rogers
`Date: February 1 1, 2018
`
`(‘5x4333
`
`' l4 '
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`FISI Ex 2012—p 15
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`
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