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`Inter Partes Review
`United States Patent No. 7,489,786
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`BMW OF NORTH AMERICA, LLC,
`
`Petitioner
`
`
`
`v.
`
`
`
`BLITZSAFE TEXAS, LLC
`
`Patent Owner
`
`U.S. Patent No. 7,489,786
`Filing Date: December 11, 2002
`Issue Date: February 10, 2009
`
`Title: AUDIO DEVICE INTEGRATION SYSTEM
`
`____________
`
`Case No. IPR2018-01204
`
`____________
`
`PETITION FOR INTER PARTES REVIEW
`
`

`

`
`
`TABLE OF CONTENTS
`
`Inter Partes Review
`United States Patent No. 7,489,786
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`I.
`
`INTRODUCTION .......................................................................................... 1
`
`II. U.S. PATENT 7,489,786 ................................................................................ 2
`
`A. Overview .............................................................................................. 2
`
`B.
`
`Level of Ordinary Skill in the Art ........................................................ 6
`
`III. CLAIM CONSTRUCTION ........................................................................... 6
`
`IV. CLAIMS 92-94, 97, AND 98 OF THE ’786 PATENT ARE
`UNPATENTABLE ....................................................................................... 13
`
`A.
`
`The Prior Art ...................................................................................... 13
`
`1.
`
`2.
`
`3.
`
`Herley ....................................................................................... 13
`
`Ido ............................................................................................ 15
`
`Lutter ........................................................................................ 16
`
`B. Ground 1: Claims 92-94, 97, and 98 are invalid under 35 U.S.C. § 103
`as unpatentable over Herley in view of Ido and Lutter ...................... 17
`
`1.
`
`a)
`b)
`c)
`d)
`
`e)
`
`f)
`
`Claim 92 ................................................................................... 17
`
`92[1]: “An audio device integration system” .......................... 17
`92[2]: “a car stereo” ................................................................. 18
`92[3]: “a portable audio device external to the car stereo” ..... 20
`92[4]: “an interface connected between the car stereo and the
`portable audio device, the interface including a microcontroller
`pre-programmed to execute” .................................................... 21
`92[5]: “first pre-programmed means for generating a device
`presence signal and transmitting the signal to the car stereo to
`maintain the car stereo in an operational state” ....................... 23
`i.
`“first pre-programmed means for generating a device
`presence signal” ............................................................. 24
`“first pre-programmed means for . . . transmitting the
`signal to the car stereo to maintain the car stereo in an
`operational state” ........................................................... 30
`92[6]: “second pre-programmed means for remotely controlling
`the portable audio device using the car stereo by receiving a
`control command from the car stereo in a format incompatible
`with the portable audio device, processing the control command
`into a formatted control command compatible with the portable
`
`ii.
`
`ii
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`

`

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`Inter Partes Review
`United States Patent No. 7,489,786
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`ii.
`
`audio device, and transmitting the formatted control command
`to the portable audio device for execution thereby” ................ 31
`i.
`“second pre-programmed means for remotely
`controlling…by receiving…” ........................................ 37
`“second pre-programmed means for remotely
`controlling…by processing…” ...................................... 38
`“second pre-programmed means for remotely
`controlling…by transmitting…” ................................... 38
`92[7]: “means for transmitting audio from the portable audio
`device to the car stereo” ........................................................... 39
`Claim 93: “the portable audio device comprises a portable CD
`player” ...................................................................................... 46
`
`iii.
`
`Claim 94: “the portable audio device comprises a portable MP3
`player” ...................................................................................... 46
`
`Claim 97: “the second electrical connector further comprises a
`bus connection established between the portable audio device
`and said interface” .................................................................... 46
`
`Claim 98: “the bus connection comprises a Universal Serial Bus
`(USB) connection” ................................................................... 48
`
`g)
`
`2.
`
`3.
`
`4.
`
`5.
`
`V. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(a)(1) ....................... 48
`
`A.
`
`B.
`
`REAL PARTY-IN-INTEREST UNDER 37 C.F.R. § 42.8(b)(1) ...... 48
`
`RELATED MATTERS UNDER 37 C.F.R. § 42.8(b)(2) .................. 48
`
`C. LEAD AND BACK-UP COUNSEL ................................................. 50
`
`D.
`
`SERVICE INFORMATION .............................................................. 51
`
`VI. PAYMENT OF FEES UNDER 37 C.F.R. § 42.103 .................................... 51
`
`VII. Grounds for Standing Under 37 C.F.R. § 42.104(a) .................................... 51
`
`VIII. CONCLUSION ............................................................................................. 52
`
`
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`iii
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`Inter Partes Review
`United States Patent No. 7,489,786
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`
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`Exhibit
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`1001
`
`1002
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`1003
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`1004
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`1005
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`1006
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`1007
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`1008
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`1009
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`1010
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`1011
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`1012
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`1013
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`EXHIBITS
`
`Description
`
`U.S. Patent No. 7,489,786 (“the ’786 patent”)
`
`Declaration of James T. Geier
`
`U.S. Patent Publication No. 2005/0262528 A1 (“Herley”)
`
`Reserved
`
`European. Patent Application Publication No. EP 0950570 A2
`(“Ido”)
`
`U.S. Patent No. 6,394,774
`
`Decision Instituting Inter Partes Review, Case IPR2016-00421,
`Paper No. 13 (July 7, 2016)
`
`U.S. Patent Publication No. 2002/0196134 (“Lutter”)
`
`Plaintiff’s Proposed Claim Constructions in Case No. 2:17-cv-
`00430 (E.D. Tex.), served March 14, 2018.
`
`Reserved
`
`File History of the ’786 Patent
`
`Reserved
`
`Plaintiff's Infringement Contentions Exhibit A, served September
`2017 in Blitzsafe Texas, LLC v. Bayerische Motoren Werke AG et
`al., 2:17-cv-00418 (E.D. Tex.)
`
`iv
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`I.
`
`INTRODUCTION
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`Inter Partes Review
`United States Patent No. 7,489,786
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`Petitioner BMW of North America, LLC (“BMWNA,” or “Petitioner”),
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`requests Inter Partes Review of claims 92-94, 97, and 98 of U.S. Patent No.
`
`7,489,786 (EX1001, “the ’786 patent”). The patent is currently assigned to
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`Blitzsafe Texas, LLC. (“Blitzsafe” or “Patent Owner”) based on Patent Office
`
`records.
`
`Last fall, the Board made its decision in General Plastic Industrial Co., Ltd.
`
`v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (P.T.A.B. Sept. 6, 2017). In
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`that case, the Board denied institution of a second set of follow-on petitions that
`
`challenged the same claims as the first set of petitions by modifying the prior
`
`grounds to address the Board’s concerns using prior art from a search conducted
`
`after the Board denied institution. Id. at 10. But that is not the case here.
`
`BMWNA has not filed any Inter Partes Review petitions for the ’786 patent
`
`prior to this petition,1 and BMWNA was also not a real party in interest to the prior
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`proceedings for the ’786 patent.
`
`Furthermore, this petition cites new prior art references that were not
`
`previously considered by the Board or by the patent examiner during prosecution,
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`such as the Herley, Ido, and Lutter references. In conducting newly commissioned
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`prior art searches for the ’786 patent between September 2017 and May 2018,
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`
`1 BMWNA is filing this petition concurrently with IPR2018-01124.
`
`1
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`Inter Partes Review
`United States Patent No. 7,489,786
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`BMWNA discovered new prior art—Herley and Lutter—that has never been
`
`before the Board or the patent examiner. These prior art references are also not
`
`cumulative of the previously considered prior art.
`
`Moreover, this petition addresses Patent Owner’s own interpretation of the
`
`challenged claims of the ’786 patent which, to Petitioner’s knowledge, was not
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`addressed by the Board during prior proceedings, or by the patent examiner during
`
`examination.
`
`Therefore, unlike General Plastic, this is not a case where petitioner
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`“modified its challenges in the follow on petitions in an attempt to cure the
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`deficiencies that the Board identified in its first-filed petitions,” or even a case
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`where the preliminary response or institution decision in an earlier proceeding
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`provided additional guidance.
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`For the reasons below, the Board should institute inter partes review of the
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`’786 patent because Petitioner establishes a reasonable likelihood of success that
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`challenged claims 92-94, 97, and 98 are unpatentable under the proposed grounds.
`
`II. U.S. PATENT 7,489,786
`
`A. Overview
`
`The ’786 patent discloses an “audio device integration system” for
`
`integrating after-market audio components with an existing car stereo system.
`
`EX1001, Abstract. “Control commands can be issued at the car stereo and
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`2
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`Inter Partes Review
`United States Patent No. 7,489,786
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`responsive data from the connected devices can be displayed on the stereo.” Id.
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`Examples of devices that may be integrated include CD players, CD changers,
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`MP3 players, satellite receivers, and DAB receivers. Id. The audio device, along
`
`with one or more auxiliary input sources may be integrated with the car stereo, and
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`a user may select between the various audio input devices. Id.; EX1002, ¶ 15.
`
`FIG. 1 of the ’786 patent is reproduced and annotated below:
`
`
`
`EX1001, FIG. 1 (annotated showing after-market audio devices MP3 player
`
`30 and CD player 15 in blue, interface 20 in red, satellite radio / DAB receiver 25
`
`and auxiliary inputs 35 in brown, car radio 10 and control head 12 in green,
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`examples of a “first connector” in orange, examples of a “second connector” in
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`purple, and examples of a “third connector” in burgundy)
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`3
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`Inter Partes Review
`United States Patent No. 7,489,786
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`
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`According to the ’786 patent, “integration” is achieved by positioning an
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`interface 20 between the car stereo and the after-market audio device and/or
`
`auxiliary input being integrated. EX1001, 2:53-60. Control commands generated
`
`at the car stereo are converted by the interface into a format recognizable by the
`
`after-market audio device, and information received from the after-market audio
`
`device is converted into a format recognizable by the car stereo. See id.at 2:35-42.
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`The interface includes a microcontroller programmed to perform the format
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`conversion for signals to and from the car stereo and after-market audio device(s).
`
`Id. at 8:46-9:7; EX1002, ¶ 16.
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`
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`The ’786 patent contains eleven independent claims (1, 25, 33, 44, 49, 57,
`
`66, 76, 86, 92, and 99), one of which is challenged herein (92). Independent claim
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`92 is directed to a system that connects a portable audio device to a car stereo. An
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`interface is connected between a car stereo and a portable audio device. The
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`interface includes a microcontroller pre-programmed to execute three functions
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`recited in means-plus-function form: 1) generating a device presence signal, and
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`transmitting the signal; 2) remotely controlling the portable audio device, by
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`receiving a control command, processing the control command, and transmitting
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`the control command; and 3) transmitting audio from the portable audio device to
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`the stereo. EX1002, ¶ 17. The text of independent claim 92 is as follows:
`
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`4
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`Inter Partes Review
`United States Patent No. 7,489,786
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`
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`92. An audio device integration system comprising:
`
`a car stereo;
`
`a portable audio device external to the car stereo;
`
`an interface connected between the car stereo and the portable audio
`
`device, the interface including a microcontroller pre-programmed
`
`to execute:
`
`first pre-programmed means for generating a device presence
`
`signal and transmitting the signal to the car stereo to
`
`maintain the car stereo in an operational state;
`
`second pre-programmed means for remotely controlling the
`
`portable audio device using the car stereo by receiving a
`
`control command from the car stereo in a format
`
`incompatible with the portable audio device, processing the
`
`control command into a formatted control command
`
`compatible with the portable audio device, and transmitting
`
`the formatted control command to the portable audio device
`
`for execution thereby; and
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`means for transmitting audio from the portable audio device to
`
`the car stereo.
`
`During prosecution of the ’786 patent, the patent examiner stated that
`
`“interfacing auxiliary after-market devices with a car stereo was known in
`
`the art at the time of the invention.” EX1011, 416. The patent examiner
`
`indicated that he had not found prior art teaching or suggesting “the
`
`
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`5
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`Inter Partes Review
`United States Patent No. 7,489,786
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`communication of incompatible audio devices” or “generati[on] and
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`transmiss[ion of] a device presence signal to a car stereo . . .” Id. However,
`
`the patent examiner did not consider Patent Owner’s interpretation of the
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`’786 patent claims as presented in EX1013. EX1002, ¶ 18.
`
`B.
`
`Level of Ordinary Skill in the Art
`
`A person of ordinary skill in the art relevant to the ’786 patent would have
`
`had: at least a Bachelor’s degree in electrical engineering or equivalent
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`science/engineering degree and at least two years of experience in signal
`
`processing and/or electronic system design, or would have at least four years of
`
`experience in signal processing and/or electronic system design. EX1002,
`
`¶¶ 19-22.
`
`III. CLAIM CONSTRUCTION
`
`Under the current rules for Patent Office Trials, a claim in an unexpired
`
`patent subject to inter partes review “shall be given its broadest reasonable
`
`construction in light of the specification of the patent in which it appears.” 37
`
`C.F.R. § 42.100(b). Claim terms not addressed below should be given their plain
`
`and ordinary meaning under the broadest reasonable interpretation standard
`
`(“BRI”). Id.; Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48764 (Aug.
`
`14, 2012).
`
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`6
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`Inter Partes Review
`United States Patent No. 7,489,786
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`
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`The Board has previously construed terms of the challenged claims,
`
`including the terms “portable,” “interface,” and “device presence signal.” See
`
`EX1007, 10-18. In particular, the Board construed these terms as follows:
`
`Construed
`Term
`
`Board Construction
`
`Citation to Institution
`Decision in IPR2016-00421
`
`portable
`
`“capable of being carried by a user” EX1007, 11-12
`
`interface
`
`“a physical unit that connects one
`
`EX1007, 12-15
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`device to another and that has a
`
`functional and structural identity
`
`separate from that of both connected
`
`devices”
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`device
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`“a signal indicating that an audio
`
`EX1007, 16-18
`
`presence
`
`device (claim 57) or video device
`
`signal
`
`(claim 86) or portable audio device
`
`(claim 92), other than the car stereo,
`
`is connected to the interface”
`
`
`For the purposes of this proceeding, Petitioner adopts the Board’s prior
`
`constructions. Furthermore, pursuant to 35 U.S.C. §§ 301(a)(2) and 301(d),
`
`Petitioner provides Patent Owner’s infringement contentions served in a related
`
`
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`7
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`Inter Partes Review
`United States Patent No. 7,489,786
`
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`district court litigation, to provide the Board with written statements in which
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`Patent Owner took a position on the scope of the challenged claims.
`
`
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`Patent Owner’s statements provide examples of “portable” devices, an
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`“interface” and a “device presence signal” which Patent Owner asserts meet the
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`claims. For example, Patent Owner asserts that head unit may comprise an
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`“interface,” and such an assertion requires interpreting components such as control
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`devices or display units as the “car stereo.” See EX1013, 9, 18. Without Patent
`
`Owner’s interpretation, a head unit would normally be considered part of the car
`
`stereo, as the ’786 patent repeatedly discloses an interface as a device connected to
`
`a car radio. Furthermore, Patent Owner interprets displayed icons indicating a
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`connected USB device as comprising a “device presence signal” (EX1013, 95-98),
`
`even though this scope is not described in the ’786 patent. Therefore, Patent
`
`Owner’s statements set forth in EX1013 are informative as to the asserted scope of
`
`the challenged claims, which would not be ascertained from the Board’s claim
`
`constructions and a reading of the ’786 patent alone. EX1002, ¶ 24.
`
`
`
`Petitioner also provides Patent Owner’s proposed claim constructions under
`
`the Phillips standard in the same district court litigation, which differ somewhat
`
`from the Board’s previous constructions. See EX1009. However, regardless of
`
`which claim construction standard is applied in this proceeding, Petitioner believes
`
`that no further claim construction is necessary, because the grounds presented
`
`
`
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`8
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`

`

`Inter Partes Review
`United States Patent No. 7,489,786
`
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`herein demonstrate invalidity of the challenged claims based on the scope
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`identified by Patent Owner, regardless of the claim construction standard.
`
`
`
`Independent claim 92 recites means-plus-function claim terms for which
`
`Patent Owner has proposed constructions in the district court litigation, which are
`
`attached in EX1009 and provided in the table below:
`
`Means-plus-function
`Term
`“first pre-programmed
`
`Function
`
`“generating a
`
`Proposed Corresponding
`Structure
`“ports J2A1, X2, RCH, and LCH,
`
`means for generating a
`
`device presence
`
`connected to a power source (i.e.
`
`device presence
`
`signal to the car
`
`battery) that are provided for
`
`signal…”
`
`stereo”
`
`allowing connection between the
`
`EX1009, 15.
`
`interface system of the present
`
`invention and an after-market
`
`device, or an auxiliary input
`
`source” and “a microcontroller
`
`(U1) with hardware components
`
`such as resistors, diodes,
`
`capacitors, and oscillators.”
`
`See, e.g., EX1001, 8:31-9:44.
`
`“first pre-programmed
`
`“transmitting the
`
`“resistors, diodes, capacitors,
`
`
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`9
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`Inter Partes Review
`United States Patent No. 7,489,786
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`means for . . .
`
`signal to the car
`
`transistors, transformers,
`
`transmitting the signal
`
`stereo to maintain
`
`amplifiers, oscillator” of FIG. 3B
`
`to the car stereo to
`
`the car stereo in an
`
`See, e.g., EX1001, 9:22-10:34.
`
`maintain the car stereo
`
`operational state”
`
`in an operational state”
`
`EX1009, 15.
`
`“second pre-
`
`“remotely
`
`“a microcontroller, which is
`
`programmed means for
`
`controlling the
`
`comprised of a 16F873
`
`remotely controlling the
`
`portable audio
`
`microcontroller manufactured by
`
`portable audio device
`
`device using the
`
`MICROCHIP, Inc.; and a plurality
`
`using the car stereo by
`
`car stereo by
`
`of resistors (R1-R7), capacitors
`
`receiving a control
`
`receiving a control
`
`(C1-C2), and amplifier (A1)”
`
`command from the car
`
`command from
`
`See, e.g., EX1001, 11:47-12:3.
`
`stereo in a format
`
`the car stereo in a
`
`incompatible with the
`
`format
`
`portable audio device”
`
`incompatible with
`
`EX1009, 17.
`
`the portable audio
`
`device”
`
`“second pre-
`
`“remotely
`
`“the code or algorithm illustrated in
`
`
`
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`10
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`

`

`
`programmed means for
`
`controlling the
`
`Tables 1 and 2 of the ’786 patent”
`
`Inter Partes Review
`United States Patent No. 7,489,786
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`remotely controlling the
`
`portable audio
`
`EX1001, 17:31-18:50.
`
`portable audio device
`
`device by
`
`using the car stereo by .
`
`processing a
`
`. . processing the control
`
`control command
`
`command into a
`
`from the car stereo
`
`formatted control
`
`in a format
`
`command compatible
`
`compatible with
`
`with the portable audio
`
`the portable audio
`
`device”
`
`device.”
`
`EX1009, 17.
`
`“second pre-
`
`“transmitting the
`
`“circuit in Figure 3B . . . having a
`
`programmed means for
`
`formatted control
`
`plurality of resistors, diodes,
`
`remotely controlling the
`
`command to the
`
`capacitors, transistors,
`
`portable audio device
`
`portable audio
`
`transformers, amplifiers, oscillator,
`
`using the car stereo by .
`
`device for
`
`among other structural components
`
`. . transmitting the
`
`execution thereby”
`
`that provide the hardware
`
`formatted control
`
`command to the
`
`framework, for the microcontroller
`
`to act as an interface in integrating
`
`
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`11
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`portable audio device
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`Inter Partes Review
`United States Patent No. 7,489,786
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`an after-market device with a car
`
`for execution thereby”
`
`stereo”
`
`EX1009, 18.
`
`See, e.g., EX1001, 9:22-10:34.
`
`“means for transmitting
`
`“transmitting
`
`“circuit in Figure 3B . . . having a
`
`audio from the portable
`
`audio from the
`
`plurality of resistors, diodes,
`
`audio device to the car
`
`portable audio
`
`capacitors, transistors,
`
`stereo”
`
`device to the car
`
`transformers, amplifiers, oscillator,
`
`stereo”
`
`among other structural components
`
`
`
`that provide the hardware
`
`framework, for the microcontroller
`
`to act as an interface in integrating
`
`an after-market device with a car
`
`stereo”
`
`See, e.g., EX1001, 9:22-10:34.
`
`
`For the purpose of this petition, Petitioner adopts Patent Owner’s proposed
`
`constructions. Under either construction, the prior art renders the claims obvious,
`
`especially in light of Patent Owner’s positions as to the scope of the claims set
`
`forth in EX1013.
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`12
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`Inter Partes Review
`United States Patent No. 7,489,786
`
`
`IV. CLAIMS 92-94, 97, AND 98 OF THE ’786 PATENT ARE
`UNPATENTABLE
`
`As explained in this petition and the supporting declaration of James T.
`
`Geier (EX1002):
`
`Ground 1: Herley in view of Ido and Lutter and render obvious
`
`claims 92-94, 97, and 98.
`
`A. The Prior Art
`
`
`
`The ’786 Patent has an effective filing date no earlier than December 11,
`
`2002, which is the filing date of the application for the ’786 Patent. Petitioner
`
`relies upon the following patents and publications, all of which are prior art to the
`
`claims of the ’786 Patent. EX1002, ¶ 27.
`
`1. Herley
`
`Herley (U.S. Patent Publication No. 2005/0262528) was filed in the United
`
`States on July 25, 2005, and published in November 24, 2005. Herley is a
`
`continuation of U.S. Patent Application No. 10/180,249, filed on June 26, 2002.
`
`Herley is prior art to the ’786 patent based on its June 26, 2002 priority date, under
`
`at least 35 U.S.C. § 102(e) (pre-AIA). EX1002, ¶ 28.
`
`Herley discloses an “audio content delivery system” for an audio system in
`
`an automobile. EX1003, Abstract, ¶ [0010]; EX1002, ¶ 29. FIG. 1 of Herley,
`
`annotated below, illustrates Herley’s mobile audio system 100:
`
`
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`13
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`
`Inter Partes Review
`United States Patent No. 7,489,786
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`EX1003, FIG. 1 (annotated showing external media source 116 in blue, user
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`interface 102 and sound system 114 in green,
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`high speed interface 110 and controller 104 in red)
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`A mobile audio system 100 includes a controller 104, high speed interface
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`110 such as a USB interface for connecting an external media source 116 such as
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`an MP3 player or CD player, and a sound system 114 with user interface 102.
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`EX1002, ¶ 30.
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`2. Ido
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`Ido is a European Patent Application Publication (No. EP 0950570) that was
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`filed in the European Patent Office on March 19, 1999 and published on October
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`20, 1999. Ido is prior art to the ’786 Patent under at least 35 U.S.C. § 102(a) (pre-
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`AIA). EX1002, ¶ 31.
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`Ido discloses an automotive information system having a CPU module 11
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`and a support module 12. EX1005, ¶¶ [0069], [0080], FIG. 2; EX1002, ¶ 32. FIG.
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`2 of Ido is reproduced and annotated below:
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`EX1005, FIG. 2 (annotated showing a car stereo in green, interface in red, after-
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`market audio devices in blue, first connector(s) in orange,
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`and second connector(s) in purple)
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`As shown, CD-ROM unit 14 and CD-ROM auto-changer 7 are connected to
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`the support module 12 via one or more bus connections, such as a Universal Serial
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`Bus (USB). EX1005, ¶¶ [0060], [0061], [0077], [0078], [0098], [0160], [0170];
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`EX1002, ¶ 33. Main unit 11 (which has a display and controls) and an amplifier
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`22 (which is connected to speakers) collectively form parts of a car stereo, and are
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`also in communication with support module 12 via one or more PCI BUS
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`connections. EX1005, ¶ [0124], FIG. 2. Support module 12 serves as an interface
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`between main unit 11 or amplifier 22 (parts of the car stereo) and CD-ROM unit 14
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`and CD-ROM auto-changer 7 (after-market audio devices). EX1002, ¶ 33.
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`3. Lutter
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`Lutter (U.S. Patent Publication No. 2002/0196134) was filed on June 26,
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`2001 and published on December 26, 2002. Lutter is prior art to the ’786 Patent
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`under pre-AIA 35 U.S.C. § 102(e). EX1002, ¶ 34.
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`Lutter discloses an audio manager 14 located inside a vehicle. EX1008,
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`¶ [0014]. The audio manager 14 monitors for any wireless or wired audio sources,
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`detects audio sources that are located in or proximate the vehicle. The audio
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`sources can include any “device connected by wires [such as an ‘audio wiring
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`harness 118’] to the vehicle’s electrical system,” as well as wireless audio devices.
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`EX1008, ¶¶ [0016], [0038], [0041], FIG. 7; EX1002, ¶ 35. Audio manager 14
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`causes a graphical user interface (GUI) 30 of a car stereo to display the detected
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`audio sources. EX1008, ¶¶ [0016], [0019], [0020], [0022]. In particular, audio
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`device manager 14 provides a signal to display detected audio devices on GUI 30,
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`by causing GUI 30 to display icons representing the detected audio devices. Id.;
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`EX1002, ¶ 35.
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`B. Ground 1: Claims 92-94, 97, and 98 are invalid under 35 U.S.C. § 103 as
`unpatentable over Herley in view of Ido and Lutter
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`1.
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`Claim 92
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`a)
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`92[1]: “An audio device integration system”
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`To the extent the preamble to this claim is limiting, Herley discloses it.
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`EX1002, ¶ 36. Herley discloses an “audio content delivery system” that is utilized
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`in an automobile. EX1003, ¶ [0010]. Herley’s system 100 includes a controller
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`104 and high speed interface 110 that connect a detachable external media source
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`116 to a sound system 114 of the automobile. EX1003, ¶¶ [0042]-[0044], [0048];
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`EX1002, ¶ 36.
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`EX1003, FIG. 1 (annotated)
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`External media source 116 is connected to a high speed interface 110 (such
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`as a USB mechanism) to “add and/or modify the entertainment content available to
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`the system 100.” EX1003, ¶¶ [0042]-[0043]. Therefore, like the ’786 patent,
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`Herley discloses a system that allows for the connection (integration) of an
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`external media source (an audio device) with an automobile car stereo. EX1002,
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`¶ 37.
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`b)
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`92[2]: “a car stereo”
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`Herley discloses this element. Herley discloses a car stereo comprising at
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`least user interface 102 and sound system 114. EX1002, ¶ 38.
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`EX1003, FIG. 1 (annotated showing a car stereo)
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`User interface 102 allows “a user to select, control and obtain content to be
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`received and played,” and can include a touch-sensitive LCD display and physical
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`push buttons. EX1003, ¶¶ [0041], [0058]. Thus, user interface 102 includes
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`components for inputting commands regarding audio or other media played in the
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`vehicle, and provides information for display about the media. EX1002, ¶ 39.
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`Herley also discloses sound system 114 as part of system 100. Sound
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`system 115 “can be a number of suitable devices such as, car radio, speaker system
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`and the like.” EX1003, ¶ [0048]; EX1002, ¶ 40.
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`User interface 102 and sound system 114 comprise a car stereo within the
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`scope of Patent Owner’s interpretation of the term. EX1002, ¶ 41. Indeed, Patent
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`Owner agrees that the car stereo can be components such as head unit, display unit,
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`amplifiers, speakers, and control units that provide control inputs. See EX1013, 9,
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`134.
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`c)
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`92[3]: “a portable audio device external to the car stereo”
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`Herley discloses this element. Herley discloses an external media source
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`116 (portable audio device) connected to controller 104 via a high speed interface
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`110. EX1003, ¶ [0042]. Herley discloses that external media source 116 can be,
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`for example, a CD player (playing MP3 CDs), a portable CD player, a portable
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`DVD player, an MP3 player, portable hard drive, or personal digital assistant,
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`which include audio devices that would be understood by a person of ordinary skill
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`in the art (POSITA) to be “external to the car stereo.” EX1003, ¶¶ [0044], [0137];
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`EX1002, ¶ 42.
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`Herley discloses a USB connection that connects an external media source
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`116 (portable audio device), as shown in annotated FIG. 1, below. EX1002, ¶ 43.
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`EX1003, FIG. 1 (annotated showing car stereo, first connector(s),
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`second connector, and after-market audio device)
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`d)
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`92[4]: “an interface connected between the car stereo and
`the portable audio device, the interface including a
`microcontroller pre-programmed to execute”
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`Herley discloses this element. EX1002, ¶ 54. Herley discloses controller
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`104 having high speed interface 110 connected to the controller 104. EX1003,
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`¶¶ [0040], [0042], FIG. 1. Controller 104 and high speed interface 110 together
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`comprise an interface, which is “between” electrical connections to the user
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`interface 102 and/or sound system 114 (car stereo) and a second connector (such
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`as the USB connection) to external media source 116 (portable audio device).
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`EX1002, ¶ 54. Herley discloses that a processing unit 2114 may be used to
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`implement aspects of the system, such as the controller 104. EX1003, ¶ [0128].
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`EX1003, FIG. 1 (showing car stereo in green, first connector(s) in orange, second
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`connector in purple, after-market audio device in blue and interface in red)
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`Patent Owner agrees that a microcontroller in communication with a USB
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`interface comprises an “interface” within the scope of claim 92. In particular,
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`Patent Owner alleges that an “interface” can be a stereo head unit, including
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`“circuitry in the head unit that translates commands between the portable device
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`and the car stereo.” EX1013, 54-55; EX1002, ¶ 45. Patent Owner alleges that the
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`“main processor” in the head unit may be the claimed “microcontroller,” which is
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`coupled to a USB interface to a portable device such as an iPod (MP3 player).
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`EX1013, 51-69, 134; EX1002, ¶ 45.
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`Under Patent Owner’s interpretation of claim 92, Herley’s controller 104
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`and high speed interface 110 comprises an interface, which includes a
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`microcontroller (controller 104), and is “between” the electrical connection (a first
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`connector) to the user interface 102 and/or sound system 114 (the car stereo) and
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`the USB-connected external media source 116 such as an MP3 player, CD player
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`(including MP3 CD player), or DVD player (the portable audio device). See
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`EX1003, ¶¶ [0040]-[0042], [0128]-[0129], FIG. 1; EX1002, ¶ 46.
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`In view of the foregoing, Herley discloses the interface of claim 92.
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`EX1002, ¶ 47.
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`e)
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`92[5]: “first pre-programmed means for generating a device
`presence signal and transmitting the signal to the car stereo
`to maintain the car stereo in an operational state”
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`Herley in view of Ido and Lutter render this element obvious, by disclosing a
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`combination having an equivalent structure as the ’786 patent and within the scope
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`of Patent Owner’s interpretation of claim 92, that performs the same function, in
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`the same or substantially similar way, to achieve the same or substantially similar
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`result. EX1002, ¶ 48.
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`i.
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`“first pre-programmed means for generating a device
`presence signal”
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`The function recited in this means-plus-function term is “generating