UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`
`Petitioner
`
`v.
`
`Cywee Group Ltd.
`
`(record) Patent Owner
`
`IPR2018-01257
`IPR2018-01258
`
`Patent Nos. 8,552,978 and 8,441,438
`
`THIRD DECLARATION OF PROF. MAJID SARRAFZADEH
`
`1
`
`Google 1044
`
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`
`Petitioner
`
`v.
`
`Cywee Group Ltd.
`
`(record) Patent Owner
`
`IPR2018-01257
`IPR2018-01258
`
`Patent Nos. 8,552,978 and 8,441,438
`
`THIRD DECLARATION OF PROF. MAJID SARRAFZADEH
`
`1
`
`Google 1044
`
`
`
`I.
`
`INTRODUCTION
`I, Majid Sarrafzadeh, declare as follows.
`1.
`
`2.
`
`The terms of my engagement and my qualifications are as-stated in
`
`my prior declarations, which are Exhibits 1002 in the inter partes review
`
`proceedings with trial numbers IPR2018-01257 and IPR2018-01258.
`
`3.
`
`I have reviewed Professor LaViola’s declaration, Ex. 2032, ¶28, in
`
`which he states:
`
`A PHOSITA would be motivated not to combine a Withanawasam
`with Bachmann, because Bachmann explicitly teaches away from
`using its sensor system and fusion method on any devices made of
`magnetic materials. Ex. 1004, 13:42-47 (“Sensors … of the present
`invention can be used to track motion and orientation of simple rigid
`bodies as long as they are made of non-magnetic materials.”
`(emphasis added)). All smartphones contain many magnets and
`magnetic materials. These include, inter alia, magnets in the phones’
`speakers, and magnetic materials making up many internal steel and
`gold parts, digital compasses, and often the housings of the
`smartphones. Because smartphones contain so many magnetic
`materials, a PHOSITA would avoid combining Bachmann’s sensor
`system and sensor fusion method with Withanawasam’s smartphone
`because the Bachmann teaches away from such a combination.
`
`(Ex. 2032, ¶28).
`
`
`
`2
`
`
`
`4.
`
`I am of the opinion that a person of ordinary skill in the art, in the
`
`relevant timeframe (approximately 2009), would not have found Bachmann to
`
`teach away from combination with Withanawasam.
`
`5.
`
`The paragraph in Bachmann from which Professor LaViola quotes
`
`reads as follows, in full:
`
`By mounting a plurality of sensors on a body, the posture of the body
`can be determined and tracked. Sensors constructed in accordance
`with the principles of the present invention can be used to track
`motion and orientation of simple rigid bodies as long as they are
`made of non-magnetic materials. Examples include, but are not
`limited to hand-held devices, swords, pistols, or simulated weapons.
`However, the inventors contemplate using the principles of the
`present invention to track the posture of articulated rigid objects, in
`one example, human bodies. Such articulated rigid bodies feature a
`plurality of segments interconnected by a plurality of joints. Each of
`the segments can correspond to, for example, limbs and extremities
`such as head, hands, forearms, legs, feet, portions of the torso, and
`so on. The joints corresponding to wrist, elbow, shoulder, neck,
`backbone, pelvis, knees, ankles, and so on. The inventors
`contemplate the application of these principles to other articulated
`rigid body embodiments. For example, non-magnetic prosthetic
`devices, robot arms, or other machinery can by tracked in accordance
`with the principles of the present invention. Additionally, animal
`body motion can be tracked using such devices.
`
`
`
`3
`
`
`
`(Ex. 1004, 13:42-63).
`
`6.
`
`In my opinion, it is clear from the passage above that Bachmann’s
`
`reference to device “made of non-magnetic materials” means that that the device
`
`should not be “made of” materials that produce a significant magnetic field, relative to
`
`the Earth’s magnetic field. The purpose of Bachmann’s magnetic sensors is to
`
`measure the Earth’s magnetic field. (Ex. 1004, 5:11-20). Magnetic materials in a
`
`smartphone would not distort this field in a manner which makes measurement of the
`
`Earth’s magnetic field significantly less accurate.
`
`7.
`
`“Made of” is a strong statement, and implies a device encased in a
`
`magnetic housing or something similar. For example, among the things Bachmann
`
`considers made of “non-magnetic materials” are “handheld devices” (Ex. 1004,
`
`13:48), which includes certain cell phones and small computing devices containing
`
`speakers, as well as “prosthetic devices, robot arms, or other machinery” (Ex.
`
`1004, 13:60). Bachmann also notes that the orientation of pistols and swords can
`
`be tracked (which Bachmann distinguishes from “simulated weapons”). (Ex. 1004,
`
`13:60). While such devices (handheld devices, prostheses, robotic arms,
`
`machinery, pistols and swords) can have steel in them, and in some cases nearly
`
`always have steel in them (pistols, robotic arms, machinery), they are not “made
`
`of” magnetic material in the sense explained by Bachmann.
`
`
`
`4
`
`
`
`8.
`
`I disagree with the conclusion and many factual assertions in Professor
`
`LaViola’s statement that:
`
`All smartphones contain many magnets and magnetic materials.
`These include, inter alia, magnets in the phones’ speakers, and
`magnetic materials making up many internal steel and gold parts,
`digital compasses, and often the housings of the smartphones.
`
`(Ex. 2032, ¶28).
`
`9.
`
`Let me begin with one area of agreement. Here, Professor LaViola
`
`accurately states that smartphones have speakers, and it is true that audio speakers
`
`are constructed using small permanent magnets.
`
`10. However, the fields generated by such magnets would be negligible
`
`compared to that of the Earth’s magnetic field at the magnetic sensors. That is
`
`why many smartphones have both speakers and magnetic sensors. Furthermore,
`
`Professor LaViola is simply incorrect that Gold is a magnetic material, and many
`
`smartphones have plastic housings. A smartphone, for example, will not
`
`magnetically attract iron or other ferromagnetic materials in any perceptible way.
`
`11. A person of ordinary skill would not have been dissuaded from using
`
`a method like Bachmann’s for sensor fusion in a smartphone. The problem of
`
`magnetic interference based on magnetic components of a smartphone was simply
`
`not significant. This is demonstrated by the fact that people did in fact use
`
`magnetic sensors in smartphones. Withanawasam, for example, teaches that:
`5
`
`
`
`Mobile devices such as personal navigation devices (PND) and smart
`phones typically have some form of navigation and map orientation
`application. These mobile devices often utilize a magnetic compass
`that have to work even when the device is not held level, which
`requires
`a micro-electro-mechanical
`systems
`(MEMS)
`accelerometer or a gyroscope to be integrated with the magnetic
`sensors.
`
`(Ex. 1017, ¶0001). Also, the iPhone 3GS used magnetic sensors, and was first
`
`released in June of 2009. (Ex. 1045).1
`
`12. Furthermore, neither the ’438 patent nor the ’978 patent teaches any
`
`way of dealing with interference that supposedly could be caused by using
`
`magnetic sensors in a smartphone. This indicates that the inventors did not
`
`consider it to be a problem.
`
`13. This declaration and my opinions herein are made to the best of my
`
`knowledge and understanding, and based on the material available to me, at the
`
`time of signing this declaration. I declare under penalty of perjury under the laws
`
`of the United States of America that all statements made of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true.
`
`
`1 https://www.apple.com/newsroom/2009/06/08Apple-Announces-the-New-
`
`iPhone-3GS-The-Fastest-Most-Powerful-iPhone-Yet/
`
`
`
`6
`
`
`
`I understand that willful false statements and the like are punishable by fine or
`
`imprisonment, or both (18 U.S.C. 1001) and may jeopardize the validity of the
`
`application or any patent iSSuing thereen.
`
`Date:
`
`Q’ZAX 2-6/9?
`
`A
`
`Signed:
`
`9E .— 2Z2,
`
`_
`
`
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