UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`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 IPR2018-00495
`Patent No. 7,239,111
`___________________
`
`DECLARATION OF ROBERT BARANOWSKI IN SUPPORT OF
`PATENT OWNER PRELIMINARY RESPONSE
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I.
`
`II.
`
`III.
`
`IV.
`
`V.
`
`Introduction ....................................................................................................................... 3 
`
`Summary of Opinions ....................................................................................................... 6 
`
`USB 2.0 ............................................................................................................................. 8 
`
`USB Enumeration ............................................................................................................. 9 
`
`SE1 Signaling.................................................................................................................. 20 
`
`The USB Specification Teaches That The SE1 Condition Should Never
`A.
`Be Intentionally Generated on the USB.......................................................................... 21 
`
`The USB Specification Teaches That The SE1 Condition Interrupts
`B.
`USB Communications .................................................................................................... 21 
`
`The Prior Art References Cited By Petitioner Do Not Teach Generating
`C.
`An SE1 Condition On The USB Without Interrupting USB Communications
`Or To Enable Drawing Current Unrestricted .................................................................. 23 
`
`The Expert Witness For Samsung, An Accused Infringer In District
`D.
`Court Litigation Involving The '111 Patent, Testified That SE1 Signaling
`Terminates USB Communication ................................................................................... 27 
`
`Petitioner Provides No Competent Evidence Supporting Its Conclusion
`E.
`That A POSITA Would Believe SE1 Signaling Is A "Logical Choice" ......................... 29 
`
`VI.
`
`The Petition's Dougherty/Shiga Combination (All Grounds) ......................................... 30 
`
`A.
`
`Dougherty's System Requires Enumeration ....................................................... 30 
`
`The Primary Function of Dougherty's Docking Station Is Port
`1.
`Replication .......................................................................................................... 30 
`
`2.
`
`Dougherty's System Requires Enumeration ........................................... 33 
`
`B.
`
`C.
`
`Petitioner's Proposed Modifications to Dougherty ............................................. 35 
`
`A POSITA Would Not Have Made The Proposed Modifications ...................... 36 
`
`Dougherty's laptop would not be able to send SE1 signaling
`1.
`pursuant to normal USB communication protocol ............................................. 36 
`
`Petitioner's proposals do not properly account for
`2.
`unintentionally-generated SE1 signals ................................................................ 38 
`
`Petitioner's modifications would disable the docking station's
`3.
`primary functionality .......................................................................................... 40 
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`There were other known methods to enable docking station
`4. 
`charging that would not interfere with normal USB communications ............... 43 
`
`Petitioner's proposed modifications do not work in Dougherty's
`5. 
`non-operational scenario ..................................................................................... 45 
`
`D. 
`
`Petitioner's Rationale For Their Proposed Modifications Is Conclusory ........... 48 
`
`VII.  The Petition’s Dougherty/Hahn Combination (All Grounds) ......................................... 49 
`
`A POSITA Would Recognize That Hahn’s Power Supply Cannot
`A. 
`Power Dougherty’s Docking Station .............................................................................. 49 
`
`A POSITA Would Not Have Considered Dougherty And Hahn
`B. 
`Simultaneously ................................................................................................................ 51 
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`
`I.
`
`Introduction
`1. My name is Robert Baranowski. I have been asked by Fundamental
`
`Innovation Systems International LLC (“Patent Owner”) to explain certain issues
`
`related to the technologies involved in U.S. 7,239,111, 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-
`
`00495. My qualifications are summarized below and are addressed more fully in
`
`my CV attached as Exhibit 2005.
`
`2.
`
`I am currently the President of Left Coast Engineering in Escondido,
`
`California, an engineering service company. My position includes consulting work
`
`on a variety of power electronics and wireless communications devices. Because
`
`most of the products my company works on are portable, we work with battery
`
`chargers almost every day.
`
`3.
`
`I received a Bachelor of Electrical Engineering Degree from
`
`Villanova University in 1990, and a Master of Science in Electrical Engineering
`
`Degree from Villanova University in 1991.
`
`4.
`
`For the past 26 years, I have been involved in the design and
`
`development
`
`of
`
`electronic
`
`devices,
`
`and
`
`especially
`
`digital wireless
`
`telecommunications devices. My work has involved the design of integrated
`
`circuits that involve power management, battery charging and USB interface for
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`telecommunications devices. While at Motorola from March 1992 to November
`
`1997, I worked on several telecommunications products that were battery powered
`
`and contained internal battery chargers and accessory connectors that brought
`
`external power into the device. After Motorola, I worked for Sony Electronics
`
`from December 1997 to September 1999, also designing telecommunication
`
`devices that were battery powered. During the time I was working for Motorola
`
`and Sony, USB was starting to be looked at as a possible power source for the
`
`internal chargers for telecommunication devices. I was intimately involved in this
`
`field during the time of the U.S. 7,239,111.
`
`5.
`
`After graduating from Villanova I worked for two cellular handset
`
`manufacturers over the course of 8 years before founding the engineering product
`
`design company. For the handset manufacturers I performed product design work
`
`on various aspects of the cellular handsets, including power supplies, power
`
`distribution, battery chargers, battery monitoring, and applying a variety of
`
`techniques to reduce battery consumption, decrease battery charge times, and
`
`integrate into smaller and smaller spaces available in the cellular handsets.
`
`6.
`
`As part of my design work for these handset manufacturers, I was
`
`awarded several patents. Throughout my career, I have been the sole or co-
`
`inventor on 18 United States patents related to battery chargers, power regulator
`
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`circuits, wireless tracking systems, and other electronics-related devices and
`
`systems. I am also listed as an inventor on a large number of applications. The
`
`
`
`patents are listed below:
`
`
`1
`2
`3
`4
`5
`
`6
`7
`
`8
`
`9
`
`10
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`17
`18
`
`
`6,813,608
`
`6,411,062
`
`6,370,401
`
`6,157,173
`
`Patent No. Title
`9,701,995
`Test cartridge for use in rapid analysis of biological samples
`9,701,994
`System for rapid analysis of biological samples
`9,023,640
`Device for rapid detection of infectious agents
`8,223,073
`Apparatus and method for a directional finder
`7,564,357 Wireless tracking system and method with optical tag
`removal detection
`7,486,648 Wireless extension of local area networks
`7,443,297 Wireless tracking system and method with optical tag
`removal detection
`7,336,182 Wireless tracking system and method with optical tag
`removal detection
`System and method for enhancing user experience in a
`wide-area facility having a distributed, bounded
`environment
`Interoperable am/fm headset wireless telephone device
`6,658,267
`6,473,630 Method and apparatus for powering a wireless headset used
`with a personal electronic device
`Quick release battery and clip for portable device and
`method of implementing same
`Storage case and method for a wireless headset with a
`microphone suspended between earpieces of the headset
`Circuit and method for sharing current between a portable
`device and a battery charger
`Battery dropout correction for battery monitoring in mobile
`unit
`Battery charger with power dissipation control
`Voltage and current mode power regulator
`Adaptive radio receiver controller method and apparatus
`
`6,046,574
`
`5,703,470
`5,613,229
`5,428,820
`
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`7.
`
`I have been asked by Fundamental Innovation Systems International
`
`LLC to explain the technologies involved in U.S. 7,239,111 and the cited exhibits.
`
`8.
`
`For the purpose of this declaration, I apply the same skill level as
`
`proposed in the Petition, although I reserve the right to explain why this level is too
`
`high. I met the qualifications of a person having ordinary skill in the art (proposed
`
`in the Petition) at the time of the ’111 patent filing date. I am being compensated
`
`for my work on this case at a fixed, 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.
`
`Summary of Opinions
`9.
`
`Protocols are meant to be followed. A POSITA would recognize the
`
`importance of adhering to USB protocol.
`
`10. USB enumeration is the process for identifying an accessory and
`
`managing power and current allocation to that accessory according to USB
`
`protocol. A POSITA would recognize that a device would be unable to perform
`
`USB communications or other USB functions until enumeration and configuration
`
`was complete. Petitioner fails to explain any benefit of employing an alternative
`
`signaling method such as an abnormal SE1 signal when enumeration would still be
`
`needed to enable USB communications and device functions.
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`11. The USB specification defines SE1 as the condition where both the
`
`D+ and D- data lines are set to a high voltage condition (i.e. greater than .8 V).
`
`USB identifies the SE1 condition as an error condition that should never
`
`intentionally be generated on the USB. USB protocol establishes that the USB
`
`communication path is interrupted when an SE1 condition is detected on the USB.
`
`Thus, intentionally generating an SE1 on the USB bus is the opposite of signaling
`
`according to USB protocol.1
`
`12. Petitioner proposes replacing USB's enumeration process (as
`
`implemented in Dougherty’s “handshaking” protocol) with an SE1 signal that is
`
`expressly prohibited under the USB protocol. In fact, detection of an SE1 signal
`
`was known by POSITAs to disable or interrupt the USB communication path.
`
`POSITAs knew that a device would then need to perform enumeration again in
`
`order to establish a communication path to transmit and receive data and enable the
`
`USB device's functionality.2 Petitioner fails to address that substituting SE1 in
`
`place of Dougherty’s standard USB handshaking would have disrupted the
`
`
`1 To be clear, this is in response to the Petitioner’s attempt to implement the SE1 signal
`into Dougherty’s docking station. The ‘111 patent inventors developed specific techniques to
`address these issues.
`2 A “USB communication path” exists even when it is idle, not used for transmitting
`normal USB data or disconnected from a USB host. This is expressly described in the ‘111
`patent.
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`communication and operation of Dougherty's docking station and attached
`
`
`
`computer system.
`
`III. USB 2.0
`13. USB was designed to allow for port expansion and plug-and-play
`
`bidirectional communication. LGE-1010 at 293. The USB 2.0 protocol allows for
`
`up to 127 USB devices to be connected to a USB host (either directly or indirectly,
`
`through a hub). LGE-1010 at 41. To ensure a robust USB and avoid interruption
`
`to the USB communication path, “USB devices are required […] at all times to
`
`display behavior consistent with defined USB device states.” Id. at 50.
`
`14. The USB specification explains that “[t]he host controls all access to
`
`the USB. A USB device gains access to the bus only by being granted access by
`
`the host.” Id. at 55.
`
`15. USB defines a handshaking protocol called enumeration by which the
`
`host identifies, addresses and configures each peripheral device. LGE-1010 at 48;
`
`LGE-1010 at 200-202; LGE-1010 at 271-273. As discussed further in Section IV
`
`below, a POSITA would understand that enumeration is the process for identifying
`
`and configuring attached devices according to the USB specification. Before
`
`enumeration is complete and a device is configured, the device may only respond
`
`3 Petitioner has divided Exhibit LGE-1010 (Universal Serial Bus Specification Revision
`2.0) into two volumes and added page number 1-650. Throughout this declaration, I refer to
`Exhibit LGE-1010 by referencing the page number (e.g., from 1-650) added by Petitioner.
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`to standard requests, and thus none of the device-specific requests generally
`
`needed in order to operate a connected USB device are available. Ex. 2006 at 5-6;
`
`see, also, infra, §IV.B; see, also, LGE-1010 at 52 (“[b]efore a function can be
`
`used, it must be configured by the host.”).
`
`16. A POSITA would understand the advantages of adhering to the USB
`
`protocol. For example, a POSITA would understand that following USB protocol
`
`would allow for proper operation of any USB compatible device and reduce the
`
`risk of interrupting communication on the USB. Further, a POSITA would
`
`understand that disregarding the USB specification and transmitting an abnormal
`
`data signal would risk interrupting communications and undermining the
`
`robustness of the USB. A POSITA would also understand that USB devices are
`
`hot-swappable, and any interrupted communications could be confused with device
`
`disconnection.
`
`IV. USB Enumeration
`17. The USB specification defines and extensively discusses a reliable
`
`and well-tested mechanism for identifying what kind of devices are connected to a
`
`USB system: the USB enumeration mechanism. See, e.g., LGE-1010 at 48; LGE-
`
`1010 at 200-202; LGE-1010 at 271-272; LGE-1010 at 316; LGE-1010 at 368.
`
`This mechanism uses standard USB signaling and specifically bans the use of the
`
`SE1 signal. LGE-1010 at 123.
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`18.
`
`Indeed, the Petition acknowledges that enumeration is the process
`
`specified by USB to configure a USB device when it is attached to a powered port:
`
`[W]hen a USB device is attached to or removed from the USB, the host uses
`a process known as bus enumeration to identify and manage the device state
`changes necessary.
`Pet. at 10.
`
`19. 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. 2006 at 74.
`
`20. 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. 2014 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. LGE-1010 at 270-271. Furthermore, the USB
`
`port to which the device is attached is disabled, and the USB device cannot
`
`respond to any requests from the USB bus until it receives a "reset" command from
`
`the bus. Id. at 270.
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`21. Next, the hub detects the device by "monitor[ing] the voltages on the
`
`signal lines of each of its ports." Ex. 2014 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 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. 2014 at 76, 77; Ex. 2006 at
`
`96, 97 (detecting whether full-speed device supports high speed); LGE-1010 at
`
`272. Upon detecting the device, the hub "continues to provide power but doesn't
`
`transmit USB traffic to the device." Ex. 2014 at 76. 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. 2014 at 76; Ex. 2006 at 96.
`
`22. Then, the host issues a port enable and reset command to the port,
`
`which puts the port into the "enabled" state. LGE-1010 at 271; Ex. 2014 at 76;
`
`Ex. 2006 at 97. In an enabled state, the host can now signal the connected USB
`
`device with control packets.
`
`23. 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 stage, the USB device
`
`uses the "default address" of 0 to receive control requests. LGE-1010 at 271; Ex.
`
`2014 at 77; Ex. 2006 at 97.
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`24. 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 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. LGE-
`
`1010 at 271; Ex. 2014 at 77-78; Ex. 2006 at 98.
`
`25. The host then "sends a Get_Descriptor" request to the new address to
`
`learn about the device's abilities. Ex. 2014 at 78; Ex. 2006 at 98. The standard USB
`
`descriptors include the following fields (see LGE-1010 at 290-291, Table 9-8):
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`Table 9-8. Standard Device Descriptor
`
`Size
`
`Value
`
`Description
`
`
`
`DLehgth
`
`Size of this descriptor in bytes
`
`
`
`bDesen'ptarType DEVICE Descriptor Type
`.
`
`l 4
`
`
`
` Subclass
`
`bchSB
`
`bDevioeCiass
`
`bDem'oeSubCiess
`
`USB Specification Release Number in
`Hiram-Coded Dedmai(i.e_, 2.10 Is 210Hj.
`This field identifies the release of the USE
`
`Specification with which the device and Its
`descriptors are compliant.
`
`Class oode {assigned by the USE-IF).
`
`lf INS fiflld l5 I‘E’QEE IO ZBID, EEC“ ll'IEEl'lflOE-l
`
`within a configuration specifies its own
`otase information and the various
`
`interfaces operate independently.
`
`if this field is set to a value between 1 and
`
`FEH. the device supperts different class
`specifications on ditferent interfaces and
`the interfaces may net operate
`independently. This value ideaiifies the
`eiaes definition used for the aggregate
`interfaces.
`
`if this field is set to FFH. the device dress
`
`is vend or-specific.
`
`Subclass code {assigned by the USB-iF].
`
`These codes are qualified lav the value of
`the bflevieeC—‘ises field.
`
`if the bDeviceCiess field is reset to zero.
`this field must also be reset to zero.
`
`if the sflevieeCtz-Jss field is not set to FFH.
`
`all Ivalues are reserved for assignment by
`the USE-IF.
`
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`26. 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
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`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." LGE-1009 at 7:16-19.
`
`Alternatively, the information can be encoded with "a Product String Index
`
`[iProduct] pointing to a string containing voltage and current requirements." Id. at
`
`7:27-29.
`
`27. The host continues to learn about the device "by requesting the one or
`
`more configuration descriptors specified in the device descriptor." Ex. 2014 at 78.
`
`The configuration descriptor has the following fields (LGE-1010 at 273-294, 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. LGE-1009 at 7:37-44.
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`Table 9-“). Standard Configu ration Descriptor
`
`Imm—
`- bLength
`Size of this descriptor in bytes
`
`bDescn'ptorType
`
`CONFIGURATION Descriptor Type
`
`2
`
`wTotalLength
`
`Number
`
`bNumI'nterfaces
`
`Number
`
`bConfigurationt/alue
`
`Number
`
`Total length of data returned for this
`configuration.
`Includes the combined length
`of all descriptors {configuration interfaoe.
`endpoint. and dass- or vendor-specific)
`returned for this configuration
`
`Number of interfaces supported by this
`oontiguration
`
`Value to use as an argument to the
`SetCont‘igurationO request to select this
`configuration
`
`
`
`
`
`oonfiguratim
`
`iConfiguration
`
`Index
`
`Index of string deson‘ptor describing this
`
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`Table 9-1 I]. Standard Configuration Descriptor {Continued}
`
`-—_m
`
`1’
`
`bmAttributes
`
`1
`
`Bitmap
`
`Configuration maraoteristics
`
`
`
`Raserved (set to one]
`[17:
`Self-powered
`D6:
`Remote Wakeup
`D5:
`E34...U: Reserved (reset to zero)
`
` bMaxPower
`
`1
`
`mA
`
`D? is reserved and must be set to one for
`historilll reasons.
`
`A device configuration that uses power from
`the bus and a local source reports a non-zero
`value in oMaxPowerto indicate the amount of
`
`bus power required and sets D6. The actual
`power source at runtime may be delenTIined
`using the GetStatustDEVlCE} request (see
`Section 9.4.5}.
`
`If a devioe configuration supports remote
`wakeup. D5 is set to one.
`
`Maximum power consumption of the USB
`device from the true In this specific
`oonfiguration when the device is fully
`operational. Expressed in 2 mA units
`i.e.. 5U = 100 mA).
`
`“tote: A device configuration reports whether
`the configuration is bus-powered or self~
`sowered. Device status reports whether the
`device is currently see-powered.
`If a device is
`dismnnected from its external pewter source. it
`deates devise status to indicate that it is no
`onger self-powered.
`
`A device may not increase its power draw
`‘rom the bus. when it loses its external power
`source. beyond the amount reported by its
`oonfiguratton.
`
`If a devise can oontinue to operate when
`disconnected from its external power source, it
`continues to do so.
`If the demos cannot
`
`continue to operate. it fails operations it can
`no longer SUpport. The USB System Software
`may determine the cause of the failure by
`attacking the status and noting the loss of the
`domes power souroe.
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`28. The host then reads the "configuration" information from the device,
`
`which contains information about the device's capabilities. LGE-1010 at 271; Ex.
`
`2014 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. LGE-1010 at 272;
`
`Ex. 2014 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 LGE-1010 at 278-279 (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. 2014 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. LGE-1010 at 272; Ex. 2014 at 79;
`
`Ex. 2006 at 99-100.
`
`29. Either shortly before, or shortly after, the USB device enters the
`
`"configured" state, the host assigns and loads a device driver. See Ex. 2014 at 78-
`
`79; Ex. 2006 at 99. While the USB 2.0 specification does not explicitly describe
`
`loading the device driver as being part of the enumeration process (see LGE-1010
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`at 271-272), the process of loading the device driver is closely related to
`
`enumeration and depends on information obtained during the enumeration process,
`
`particularly when dealing with a host with a large operating system, such as the
`
`Windows operating system. See Ex. 2014 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 LGE-1010 at 311-313 (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.
`
`30. 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." LGE-1010 at 272. The USB device may now also
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`draw power over the VBUS line according to the configuration information set by
`
`
`
`the USB host. Id.
`
`31. 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 the hub)
`
`using the same procedures as described above. Ex. 2014 at 79-80; Ex. 2006 at 100.
`
`V.
`
`SE1 Signaling
`32. The USB specification defines SE1 as "a state in which both the D+
`
`and D- lines are at a voltage above VOSE1 (min), which is 0.8 V." LGE-1010 at
`
`123.
`
`33.
`
`It is possible to use an SE1 signal without interfering with USB
`
`signaling, as established by the '111 patent. Petitioner provides no evidence that
`
`the prior art ever contemplated sending an SE1 signal without interrupting data
`
`communications prior to the '111 patent.
`
`34. Petitioner and Dr. Wood contend that "Using the SE1 state (i.e., D+
`
`and D- high) for signaling over the USB data lines was well-known in the
`
`art,POSITAs would have also known that the SE1 state would be a logical choice
`
`for conveying information about a device without interfering with USB signaling.”
`
`purporting to identify five examples in the art. Pet. at 5..
`
`35.
`
`36.35. However, Petitioner provides only cursory explanations of how
`
`these prior art references supposedly use the “SE1 state” for signaling and do not
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`explain how or why a POSITA would have sent an SE1 signal during active USB
`
`communications. Pet. at 6. In fact, a POSITA would have known that SE1
`
`signaling would interrupt USB communications and prevent a device from
`
`performing its USB functions, as the SE1 would cause a disconnect of the USB
`
`
`
`and a repeat of enumeration.
`
`36. The Petition and supporting declaration fail to consider a number of
`
`crucial issues, as discussed in more detail below.
`
`A. The USB Specification Teaches That The SE1 Condition Should
`Never Be Intentionally Generated on the USB
`37. The USB 2.0 specification indicates that the Single-Ended (SE) 1
`
`signal (i.e., when both the D+ and D- data lines are at a high voltage level) must
`
`never be intentionally generated within USB. Ex. 1007, USB 2.0 Specification.
`
`A POSITA designing an accessory for USB would follow the USB specification,
`
`and would not believe SE1 provides a "logical choice" for signaling because USB
`
`explicitly prohibits this exact thing. A POSITA would understand that if an
`
`application involves USB communication, it should not employ the SE1 signal.
`
`B.
`
`The USB Specification Teaches That The SE1 Condition
`Interrupts USB Communications
`38. The USB specification explains that an SE1 signal would interfere
`
`with communications on the USB. As one example, the USB Specification states
`
`that all USB receivers comprise a receiver state machine that follows USB
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`protocol.
`
` USB stipulates
`
`that all compliant USB
`
`receivers
`
`interrupt
`
`communication on the USB if they receive an SE1 signal:4
`
`11.6.3.3 ReceivingJ
`This state is entered from a nonHS state except the Suspend state if the
`receiver detects an SJ (or Idle) or SE1 condition on the bus or while the
`Transmitter is in the Active state.
`This is a timed state with an interval of 3 ms. The timer is reset each time
`this state is entered.
`The timer only advances if the Transmitter is in the Inactive state.
`LGE-1010 at 348.
`
`39. USB also stipulates that a USB hub must disable the USB port when
`
`SE1 signaling is observed to avoid "errors that are very difficult to isolate and
`
`correct":
`
`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.
`
`4 It is still possible to be a USB 2.0 device or component even if all portions of the
`specification are not satisfied.
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`LGE-1010 at 344. See also LGE-1010 at 176 (“Note 4: A high-speed driver must
`
`never ‘intentionally’ generate a signal in which both D+ and D- are driven to a
`
`level above 200 mV. The current-steering design of a high-speed driver should
`
`naturally pr