IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Vidya Narayanan, et al.
`In re Patent of:
`8,768,865 Attorney Docket No.: 39521-0042IP1
`U.S. Patent No.:
`July 1, 2014
`
`Issue Date:
`Appl. Serial No.: 13/269,516
`
`Filing Date:
`October 7, 2011
`
`Title:
`LEARNING SITUATIONS VIA PATTERN MATCHING
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 8,768,865 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`TABLE OF CONTENTS
`
`I. 
`
`II. 
`
`REQUIREMENTS FOR IPR .......................................................................... 4 
`A.  Grounds for Standing ................................................................................ 4 
`B.  Challenge and Relief Requested ............................................................... 4 
`SUMMARY OF THE ’865 PATENT ............................................................. 6 
`A.  Brief Description ....................................................................................... 6 
`B.  Summary of the Prosecution History of the ’865 Patent ........................ 10 
`C.  Claim Construction under 37 C.F.R. §§ 42.104(b)(3) ............................ 11 
`“condition” (claim 1/21/46) .................................................................... 11 
`“pattern” (claim 1/21/46) ........................................................................ 11 
`“fixing a subset of varying parameters associated with said first pattern”
`(claim 1/21/46) .............................................................................. 13 
`“temporal pattern” (claim 6/25/49) ......................................................... 14 
`“condition database” (claim 12/13) ........................................................ 14 
`“correlation database” (claim 12/14) ...................................................... 15 
`  GROUND-1A–Wang anticipates Claims 1-4, 15-17, 21-23, 28, 29, 46,
`47
` ....................................................................................................... 15 
`  GROUND-1B–Wang or Wang in view of Nadkarni renders obvious
`Claims 5, 6, 8-11, 18-20, 24, 25, 27, 30, 48, 49, 51-53 .......................... 41 
`  GROUND-1C–Wang in view of Nadkarni and Greenhill renders
`obvious Claims 12-14 ............................................................................. 69 
`IV.  CONCLUSION .............................................................................................. 77 
`V.  MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ......................... 77 
`A.  Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) .............................. 77 
`B.  Related Matters Under 37 C.F.R. § 42.8(b)(2) ....................................... 77 
`C.  Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ................... 77 
`D.  Service Information ................................................................................ 78 
`
`
`
`
`
`
`1
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`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`
`
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 8,768,865 to Narayanan, et al. (“the ‘865 pa-
`tent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ‘865 Patent (“the
`Prosecution History”)
`
`APPLE-1003
`
`Declaration of Dr. James Allen
`
`APPLE-1004
`
`Curriculum Vitae of Dr. James Allen
`
`APPLE-1005
`
`APPLE-1006
`
`
`APPLE-1007
`
`
`APPLE-1008
`
`
`APPLE-1009
`
`Wang et al, “A Framework of Energy Efficient Mobile Sensing
`for Automatic User State Recognition”, Proceedings of the 7th
`international conference on Mobile systems, applications, and
`services, pp. 179-192 , Kraków, Poland — June 22 - 25, 2009
`(“Wang”)
`
`“Qualcomm Incorporated Compliant for Patent Infringement,”
`filed on November 29th, 2017, from Case No. 3:17-cv-02402-
`WQH-MDD filed in S.D. CA. (“Compliant”)
`
`Exhibit 865 of “Qualcomm Inc.’s Patent Initial Infringement
`Contentions,” filed on March 2nd, 2018, from Case No. 3:17-cv-
`02402-WQH-MDD filed in S.D. CA. (“Infringement Conten-
`tions”)
`
` U.S. Patent Application Publication No. 2010/0217533 to Nad-
`karni et al. (“Nadkarni”)
`
`U.S. Patent Application Publication No. 2008/0297513 to
`Greenhill et al. (“Greenhill”)
`
`2
`
`

`

`APPLE-1010
`
`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`Webpage of “Nokia N95 8GB - Full phone specifications” (Ar-
`chive.org version dated 05/26/2009, http://web.ar-
`chive.org/web/20090526054459/http://www.gsma-
`rena.com:80/nokia_n95_8gb-2088.php) (“Nokia N95”)
`
`APPLE-1011
`
`U.S. Patent No. US 8,676,224 to Louch (“Louch”)
`
`APPLE-1012
`
`U.S. Patent Application Publication No. 2011/0066383 to Jan-
`gle et al. (“Jangle”)
`
`APPLE-1013
`
`U.S. Patent No. 9575776 to De Andrade Cajahyba et al. (“De
`Andrade Cajahyba”)
`
`APPLE-1014
`
`U.S. Patent Application Publication No. 2011/0081634 to Ku-
`rata (“Kurata”)
`
`APPLE-1015
`
`Declaration of Mr. Chris Butler for Nokia N95/APPLE-1010
`
`APPLE-1016
`
`Declaration of Mr. Scott Delman for Wang/APPLE-1005
`
`APPLE-1017
`
`APPLE-1018
`
`APPLE-1019
`
`Cohn, D., Caruana, R., & McCallum, A. Semi-supervised clus-
`tering with user feedback in Constrained Clustering: Advances
`in Algorithms, Theory, and Applications, 4(1), 17-32 (2009).
`(“Cohn”)
`
`Ruzzelli, A., Nicolas, C. Schoofs, A., O;”Hare, G. Real-time
`recognition and profiling of appliances through a single elec-
`tricity sensor, Proc. 7th Annual IEEE Conference on Sensor
`Mesh (SECON), Boston. MA 2010. (“Ruzzelli”)
`
`Cilla, R., Particio, M., Garcia, J., Berlanga, A., and Molina, J.
`Recognizing Human Activities from Sensors Using Hidden
`Markov Models Constructed by Feature Selection, Algorithms
`2009, 2: pp282-300. (“Cilla”)
`
`APPLE-1020
`
`The Seventh Edition of the Authoritative Dictionary of IEEE
`Standards Terms (2000)
`
`3
`
`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`Apple Inc., (“Petitioner” or “Apple”) petitions for Inter Partes Review
`
`(“IPR”) under 35 U.S.C. §§ 311–319 and 37 C.F.R. § 42 of claims 1-6, 8-25, 27-
`
`30, 46-49, 51-53 (“the Challenged Claims”) of U.S. Patent No. 8,768,865 (“the
`
`’865 Patent”).
`
`The Challenged Claims are unpatentable based on teachings set forth in at
`
`least the references presented in this petition. Petitioner respectfully submits that
`
`an IPR should be instituted and the Challenged Claims should be canceled as un-
`
`patentable.
`
`I.
`
`REQUIREMENTS FOR IPR
`A. Grounds for Standing
`Apple certifies that the ’865 Patent is available for IPR. The present petition
`
`is being filed within one year of service of a complaint against Apple in Case No.
`
`3:17-cv-02402-WQH-MDD (S.D. CA). Apple is not barred or estopped from re-
`
`questing this review of the Challenged Claims.
`
`B. Challenge and Relief Requested
`Petitioner requests IPR of the Challenged Claims on the grounds in the table
`
`below, as explained in this petition and in APPLE-1003, Dr. James Allen’s Decla-
`
`ration (“Expert-Declaration1”).
`
`
`
`
`
`
`
`4
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`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`
`
`
`’865 Patent Claims
`Ground
`Ground 1A Claims 1-4, 15-17, 21-
`23, 28, 29, 46, 47
`Ground 1B Claims 5, 6, 8-11, 18-
`20, 24, 25, 27, 30, 48,
`49, 51-53
`Ground 1C Claims 12-14
`
`Basis for Rejection
`§102: Wang
`
`§103-Wang alone or Wang in view of
`Nadkarni
`
`§103-Wang in view of Nadkarni and
`Greenhill
`
`
`
`The earliest proclaimed priority date of the ‘865 Patent is 01/19/2011 (the
`
`“Critical Date”). Each reference pre-dates this and qualifies as prior art:
`
`Reference
`
`Date
`
`Wang
`
`06/22-25/2009 (published)
`
`Nadkarni
`
`02/23/2009 (provisional filed);
`
`09/15/2009 (utility filed)
`
`Section
`
`102(b)
`
`102(e)
`
`Greenhill
`
`12/04/2008 (published)
`
`102(b)
`
`
`
`Wang (APPLE-1005) qualifies as prior art under 35 U.S.C. §102(b) as it was
`
`published over a year prior to the Critical Date. Wang provides a copyright notice
`
`indicating a 2009 publication date. APPLE-1005, p1c11. Evidence in the record
`
`
`1“APPLE-1005, p1c1” refers to page 1 column 1 of APPLE-1005.
`
`5
`
`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`corroborates that Wang was published and publicly available no later than
`
`06/22/2009, over a year before the Critical Date, and APPLE-1005 is an authentic
`
`copy of the online publication of Wang. APPLE-1016. In particular, the evidence
`
`shows that the Wang was published on the first day of an Association for Compu-
`
`ting Machinery (ACM) conference conducted in Kraków, Poland that was held
`
`from 06/22–25/2009. ACM is an international learned society for computing, host-
`
`ing various conferences and publishing various journals similar to the Institute of
`
`Electrical and Electronics Engineers (IEEE).
`
`II.
`
`SUMMARY OF THE ’865 PATENT
`A. Brief Description
`The ’865 Patent relates to machine learning of situations via pattern match-
`
`ing or recognition. APPLE-1001, Abstract. The ’865 Patent explains that “a ma-
`
`chine learning approach for mobile devices to be able to understand what associ-
`
`ated users are doing … continues to be an area of development,” and “a learning
`
`approach … may include one or more signal-related pattern recognition techniques
`
`… to classify one or more sensor-related observations.” APPLE-1001, 6:36-46.
`
`Recognizing that “continually tracking or monitoring all or most varying pa-
`
`rameters … of sensor information may be computationally intensive, resource-con-
`
`suming, at times intractable, or otherwise less than efficient or effective[,]” AP-
`
`PLE-1001,7:58-63, the ’865 Patent proposes to “monitor one or more conditions”
`
`6
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`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`and “upon or after detecting these one or more conditions or events, a mobile de-
`
`vice may, for example, selectively initiate a process to attempt to recognize a par-
`
`ticular signal-related pattern that occurs in connection with the detected condition.”
`
`APPLE-1001, 7:64-8:11.
`
`FIG. 4 is a representative process 400 of the ’865 Patent and aligns with the
`
`claims (see comparison between claims and FIG. 4 of the ‘865 Patent below). At
`
`402, one or more input signals from multiple information sources associated with a
`
`mobile device are monitored. At 404, at least one condition is detected based on at
`
`least one of monitored input signals. At 406, a first pattern is identified based on at
`
`least one detected condition. At 408, one or more varying parameters or variables
`
`are fixed in some manner. At 410, a process to attempt a recognition of a second
`
`pattern is initiated in connection with monitoring these input signals based on the
`
`first identified pattern. See APPLE-1001, 14:43-15:48.
`
`Notably, it is not until dependent claim 3 that the step 410 recognizing a sec-
`
`ond pattern is introduced. But even claim 3 fails to require the detail of step 410.
`
`Claim 3 recites “recognition of a second pattern …. based,2 at least in part, on
`
`
`2Bold represents emphasis added by Petitioner in each citation, unless otherwise
`
`specified.
`
`7
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`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`said first identified pattern,” but fails to capture the purported invention that em-
`
`phasizes the existence of a detected “condition” and then identifying a “signal-re-
`
`lated pattern that occurs in connection with the detected condition.” Claim 3 in-
`
`stead broadly references “pattern.” APPLE-1001,7:64-8:11, claim 3. As discussed
`
`below, this is a classic case of over-claiming, as claims of the ’865 Patent are
`
`drafted so broadly that they go well beyond even the purported invention. Expert-
`
`Declaration1, [0014]-[0048].
`
`In fact, as shown below, the ’865 Patent admits that at least steps 402, 406,
`
`and 408 (and thus the corresponding claim limitations) are typical and known in
`
`existing pattern recognition techniques. See APPLE-1001, 6:36-7:5; Expert-Decla-
`
`ration1, [0032]-[0048]. For example, the ’865 Patent admits that it had been typical
`
`that input signals from information sources associated with a mobile device are
`
`monitored (step 402) and a pattern is identified based on monitored input signals
`
`(step 406): “Typically,… one or more patterns to be identified may, for example,
`
`be represented via one or more vectors of observations in multiple dimensions
`
`[that]correspond, for example, to a signal attribute … in a set of information
`
`sources that may be monitored in some manner,” APPLE-1001, 7:3-8, 6:46-55;
`
`Expert-Declaration1, [0040],[0042]. The ’865 Patent further acknowledges step
`
`408 is typical in that a subset of parameters associated with the pattern is fixed,
`
`8
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`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`wherein the parameters are derived from the monitored input signals from the in-
`
`formation sources: “typical pattern recognition approaches generally employ
`
`processes or algorithms that work with a fixed known number of information
`
`sources.” APPLE-1001, 7:3-5; Expert-Declaration1, [0043].
`
`Only steps 404 and 410 differentiate the claimed process 400 and the pattern
`
`recognition approaches that are admittedly typical, and any such a distinction be-
`
`comes inconsequential when considering the manner in which steps 404 and 410
`
`are described. Expert-Declaration1, [0041], [0044]. Specifically, step 404 involves
`
`detecting a condition based on input signals, and step 410 involves recognizing a
`
`second pattern based on the first pattern. Cf. APPLE-1001, 6:36-7:5. Yet the ’865
`
`Patent defines the term “condition” broadly to encompass almost any time, event,
`
`state, or action: “a condition or event of interest may include, for example, a time
`
`of day, day of week, state or action of a host application, action of a user operating
`
`a mobile device … or the like." APPLE-1001, 14:60-64. Detecting such a time,
`
`event, state, or action based on at least one monitored input sensor signals (step
`
`404) would again be a routine, commonsensical technique, well within the
`
`knowledge of a POSITA. See APPLE-1013, Abstract; APPLE-1014, [0102]; AP-
`
`PLE-1019, Abstract; Expert-Declaration1, [0041]. And recognizing a second pat-
`
`tern based on the first pattern (step 410) had also been known and implemented,
`
`9
`
`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`for example, at least in prior-art systems that detect a state transition. See e.g., AP-
`
`PLE-1005, Abstract. See also APPLE-1011, 12:29-33. Expert-Declaration1,
`
`[0044].
`
`As discussed above and further detailed below in Section III into which this
`
`Summary is thereby incorporated by reference, each and every element of the
`
`Challenged Claims of the ’865 Patent had been known in the art. See Expert-Dec-
`
`laration1, [0009]-[0277].
`
`B.
`Summary of the Prosecution History of the ’865 Patent
`In response to an assertion anticipation of various claims by Jangle, Appli-
`
`cant amended independent claims as follows. See APPLE-1002, pp29-58; APPLE-
`
`1012.
`
`A Notice of Allowance followed with no reasons for allowability. APPLE-
`
`
`
`1002, pp18-22.
`
`10
`
`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`C. Claim Construction under 37 C.F.R. §§ 42.104(b)(3)
`Unless otherwise noted below, Petitioner gives all terms their plain meaning,
`
`but does not waive any arguments concerning indefiniteness or claim scope that
`
`may be raised in litigation. Expert-Declaration1, [0049]-[0074].
`
`“condition” (claim 1/21/46)
`The ’865 Patent expressly discloses that “a condition or event of interest
`
`may include, for example, a time of day, day of week, state or action of a host ap-
`
`plication, action of a user operating a mobile device (e.g., silencing a ringer, mut-
`
`ing a call, sending a text message, etc.) or the like,” and further discloses that
`
`“user-related events or conditions” may include “walking, driving, fidgeting,
`
`etc.” APPLE-1001, 7:40-45, 14:60-64. Accordingly, the term “condition” is broad
`
`enough to encompass at least the above-listed items. Expert-Declaration1, [0050]-
`
`[0051].
`
`“pattern” (claim 1/21/46)
`The term “pattern” is broad enough to encompass a “collection of one or
`
`more parameter values.” The ’865 Patent makes clear that “a signal-related pat-
`
`tern may comprise, for example, a number of varying parameters or variables
`
`of interest that may be represented via one or more signal sample values derived
`
`from a multi-dimensional stream of sensor-related information.” APPLE-1001,
`
`9:63-67; see also APPLE-1001, 6:49-55 (noting that patterns may be “represented
`
`by one or more vectors or observations in multiple dimensions,” which in turn may
`
`11
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`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`be “represented via a variable, etc.”). Additionally, several dependent claims con-
`
`firm the relationship between patterns and parameters. E.g., APPLE-1001, Claim
`
`17 (“The method of claim 1, wherein said fixed subset of said varying parameters
`
`comprises said first pattern.”).
`
`That a pattern may encompass a “collection of one or more parameter val-
`
`ues” is confirmed by the patent’s disclosed embodiment of a pattern:
`
`APPLE-1001-Fig. 3 (highlighted)
`
`
`
`Fig. 3 of the ’865 Patent shows an embodiment of a pattern that corresponds to the
`
`user running in a gym. APPLE-1001, 10:34-44. This pattern includes two param-
`
`eter values: (1) the sound intensity is “Loud,” and (2) the detected periodic move-
`
`12
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`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`ment corresponds to “Running.” Thus, “pattern” is at least broad enough to en-
`
`compass a “collection of one or more parameter values.” Expert-Declaration1,
`
`[0052]-[0058].
`
`“fixing a subset of varying parameters associated with said first
`pattern” (claim 1/21/46)
`This phrase is broad enough to encompass “associating at least one parame-
`
`ter of a subset of varying parameters with the first pattern to represent at least one
`
`detected condition.” The ’865 Patent explains that “a subset [of one or more vary-
`
`ing parameters or variables]may be fixed, for example, by associating parameters
`
`or variables with a particular, distinct, or otherwise suitable pattern to represent a
`
`certain detected condition or event.” APPLE-1001, 15:9-12. During prosecution of
`
`the ’865 Patent, the applicant incorporated this embodiment of “fixing” directly
`
`into the claim language:
`
`APPLE-1002, p40 (highlighted)
`
`
`And, the issued claims themselves state that “fixing a subset of varying pa-
`
`
`
`rameters associated with said first pattern” is satisfied “by associating at least one
`
`parameter of said subset of varying parameters with said first pattern to represent
`
`13
`
`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`said at least one detected condition.” APPLE-1001, e.g., Claim 1. Expert-Declara-
`
`tion1, [0059]-[0063].
`
`“temporal pattern” (claim 6/25/49)
`The term is broad enough to encompass “a pattern defined, at least in part,
`
`by a time-related parameter or characteristic,” as noted by the ‘865 Patent specifi-
`
`cation. APPLE-1001, 9:18-20 (“a signal-related pattern defined, at least in part, by
`
`a time-related parameter or characteristic”). The ‘865 Patent further discloses that
`
`“a temporal pattern may comprise or be associated with one or more events or con-
`
`ditions that exist or last for a certain threshold duration.” APPLE-1001, 9:27-29.
`
`Expert-Declaration1, [0064]-[0066].
`
`“condition database” (claim 12/13)
`The term “condition database” is broad enough to encompass “a database
`
`storing condition information or data such as one or more input signals obtained by
`
`one or more sensors.” The ’865 Patent does not define this term, but this construc-
`
`tion accounts for the plain and ordinary meaning and is consistent with the ’865
`
`Patent, as claim 13 clarifies that “said condition database comprises said at least
`
`one context-related information stream,” and the ’865 Patent explains that “a
`
`monitored information stream may comprise, for example, one or more input
`
`14
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`

`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`signals obtained by one or more sensors associated with a mobile device and de-
`
`fining one or more context-related information streams.” APPLE-1001, 8:38-
`
`41. Expert-Declaration1, [0067]-[0069].
`
`“correlation database” (claim 12/14)
`This term should be construed to encompass “a database storing correlation
`
`data.” While the ’865 Patent does not define this term, this construction is con-
`
`sistent with the ’865 Patent disclosure, which notes that “a correlation between a
`
`condition or event and a context stream may be stored in a suitable database,
`
`such as in an event correlation database.” APPLE-1001, 11:7-10. Expert-Decla-
`
`ration1, [0070]-[0072].
`
`III. APPLICATION OF PRIOR ART TO CHALLENGED CLAIMS
`
`Although preceded with different preambles and corresponding forms of fea-
`
`tures thereafter (e.g., “monitoring” vs. “monitor”), claims 21-53 recite features of
`
`similar scope to those recited by claims 1-20. To promote efficiency, correspond-
`
`ing elements are addressed together. Also, for each dependent claim, discussions
`
`regarding base claims are hereby incorporated by reference.
`
` GROUND-1A–Wang anticipates Claims 1-4, 15-17, 21-23, 28, 29,
`46, 47
`
`15
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`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`Wang, entitled “A Framework of Energy Efficient Mobile Sensing for Auto-
`
`matic User State Recognition,” presents a “design framework for an Energy Effi-
`
`cient Mobile Sensing System (EEMSS).” APPLE-1005, Title, Abstract. Similar to
`
`the ’865 Patent, Wang’s EEMSS uses “machine learning tools” to “automatically
`
`recognize[]a set of users’ daily activities in real time using sensors on an off-the-
`
`shelf high-end smart phone.” APPLE-1005, Abstract, p8c2. Wang proposes to use
`
`“user’s contextual information [to bring] application personalization to new levels
`
`of sophistication” and leverage “user state … to represent the context. User state
`
`may contain a combination of features such as motion, location and background
`
`condition that together describe user’s current context.” APPLE-1005, p2c2. In-
`
`deed, Wang achieves at least the same advantage as alleged by the ‘865 Patent in
`
`that “[b]y extracting more meaningful characteristics of users and surroundings in
`
`real time, applications can be more adaptive to the changing environment and
`
`user preferences” APPLE-1005, p2c2; cf. APPLE-1001, 8:54-60.
`
`Similar to the ’865 Patent, Wang recognizes that context detection can be
`
`computationally intensive and resource-consuming, especially for mobile devices
`
`w.r.t. power consumption. APPLE-1005, p2c2. Wang suggests a similar solution as
`
`in the ‘865 patent, namely, using only a subset of the sensors and parameters at any
`
`one time: “the sensor management scheme assigns the minimum set of sensors …
`
`to detect user’s state as well as transitions to new states.” APPLE-1005, p2c1. See
`
`16
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`

`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`also APPLE-1005, p3c1, p13c1. Wang even discloses the very same example ap-
`
`plication that “phones can automatically adjust the ring tone profile to appro-
`
`priate volume and mode according to the surroundings and the events in
`
`which the users are participating,” APPLE-1005, p4c2, as the one provided by
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`the ‘865 Patent that “a mobile device may ring louder in response to an incom-
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`ing call if a learned situation indicates a noisy ambient environment, or may
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`silence a ringer and route an incoming call to voice mail if a learned situation
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`indicates that a user may not want to be disturbed.” APPLE-1001, 8:61-66.
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`Wang discloses monitoring one or more input signals from built-in sensors
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`associated with a mobile device including an “accelerometer, WiFi detector, GPS,
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`and microphone.” APPLE-1005, p3c1. At least one user state (i.e., condition) is
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`detected based on at least one of the monitored sensors (i.e., information sources).
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`APPLE-1005, p3c1. Each user state has “characteristic features defining that state”
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`(i.e., parameter values), which collectively form patterns to be identified by the
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`EEMSS. APPLE-1005, p5c1. Wang provides, in its Table 1, a “set of user states to
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`be recognized by EEMSS and three characteristic features that define each of these
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`states.” APPLE-1005, p5c1.
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`IPR of U.S. Patent No. 8,768,865
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`
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`APPLE-1005-Table 1 (annotated)
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`Wang also discloses detecting a second pattern based on the first pattern.
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`“In addition to monitoring the current state, EEMSS also monitors a set of sensors
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`that define a state transition.” APPLE-1005, p5c1. EEMSS can recognize a second
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`pattern transitioned from a first pattern in connection with monitoring these input
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`signals based on the first identified pattern. For example, Wang discloses that,
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`from a first pattern corresponding to the user state “walking” (i.e., the pattern com-
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`prising parameter values “Keep on changing” and “Moving Slowly”), a second
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`pattern corresponding to the user state “riding a vehicle” (i.e., the pattern compris-
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`ing parameter values “Keep on changing” and “Moving Fast”) can be recognized
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`“[i]f a significant amount of increase is found on both user speed and recent dis-
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`tance of travel.” APPLE-1005, p5c1, Table 1.
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`
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`Wang discloses the same representative process 400 of the ’865 Patent. AP-
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`PLE-1005, p3c1; p2c1-2, p5c1, Table 1. Expert-Declaration1, [0098]-[0113]. In
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`fact, as detailed below, Wang discloses most, if not all, claim elements of the ’865
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`Patent. Expert-Declaration1, [0098]-[0213].
`
`[1Pre]A method comprising:
`Wang discloses “a novel design framework for an Energy Efficient Mobile
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`Sensing System (EEMSS).... We present the design, implementation, and evalua-
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`tion of EEMSS that automatically recognizes a set of users’ daily activities in real
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`time using sensors on an off-the-shelf high-end smart phone.” APPLE-1005, Ab-
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`stract. Expert-Declaration1, [0114].
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`[21Pre]An apparatus comprising: a mobile device comprising at least one
`processor configured to:
`Wang discloses an apparatus comprising a mobile device by disclosing “an
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`[(EEMSS)]” “uses the off-the-shelf mobile device,” such as “Nokia N95 device.”
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`APPLE-1005, Abstract, p3c1, p5c1. The Nokia N95 device comprises at least one
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`processor. See “Figure 3: System architecture of EEMSS implementation on Nokia
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`N95.” APPLE-1005, p6c2. See also APPLE-1010 showing the Nokia N95 includ-
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`ing “CPU Dual ARM 11 332 MHz processor; 3D Graphics HW Accelerator.” AP-
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`PLE-1015; Expert-Declaration1, [0115].
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`[46Pre]An article comprising: a non-transitory storage medium having in-
`structions stored thereon executable by a special purpose computing plat-
`form at a mobile device to:
`Wang discloses such an article, and it explains that “an [EEMSS]” “uses the
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`off-the-shelf mobile device,” such as “Nokia N95 device.” APPLE-1005, Abstract,
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`Attorney Docket No. 39521-0042IP1
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`p3c1, p5c1. Nokia N95 includes a non-transitory storage medium storing instruc-
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`tions that are executable by a special purpose computing platform at a mobile de-
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`vice. See “Figure 3: System architecture of EEMSS implementation on Nokia
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`N95.” APPLE-1005, p6c2. See also APPLE-1010 showing the Nokia N95 includ-
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`ing “MEMORY: Internal 8 GB storage, 128 MB RAM” and “CPU Dual ARM 11
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`332 MHz processor; 3D Graphics HW Accelerator.” Together, these components
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`of the N95 represent the recited special purpose computing platform required by
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`the preamble. Expert-Declaration1, [0116]-[0117].
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`[1a/21a/46a]monitoring, at a mobile device,/monitor/monitor 3 input signals
`from a plurality of information sources associated with said mobile device;
`Wang discloses monitoring, at a mobile device, input signals (e.g., “sensor
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`value” or “sensor readings,” APPLE-1005, p5c1) from a plurality of information
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`sources associated with the mobile device (e.g., “sensors on an off-the-shelf high-
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`end smart phone,” APPLE-1005, Abstract). The EEMSS “monitors a set of sen-
`
`
`3 With all other terms common, claims 1, 21, and 46 recite “monitoring, at a mo-
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`bile device,” “monitor,” and “monitor,” respectively. In the following, the com-
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`mon terms are reproduced without alternating the meaning of each limitation, un-
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`less otherwise specified.
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`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`sors” and “monitors the characteristic features defining that state by reading a cor-
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`responding sensor value,” and thus, monitors values from sensors on a smart
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`phone, such as Nokia N95. APPLE-1005, p5c1, Abstract. Wang further discloses
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`that “[a]ll these states are specified as a combination of built-in Nokia N95 sensor
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`readings. The sensors used to recognize these states are accelerometer, WiFi detec-
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`tor, GPS, and microphone.” APPLE-1005, p2c1. Accordingly, the monitored input
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`signals include, for example, signals from built-in “accelerometer, WiFi detector,
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`GPS, and microphone” of the Nokia N95. Expert-Declaration1, [0118]-[0119].
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`[1b/21b/46b]detecting/detect at least one condition based, at least in part,
`on at least one of said monitored input signals;
`Wang discloses detecting at least one condition (e.g., user states such as
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`“walking,” “vehicle,” or “working”) based on at least one the monitored input sig-
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`nals (e.g., “sensor readings” from the accelerometer, microphone, or GPS). Wang
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`discloses a variety of user states that the device may recognize based on sensor
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`readings:
`
`In our EEMSS implementation, the state description subsystem cur-
`rently defines the following states: “Walking”, “Vehicle”, “Resting”,
`“Home_talking”, “Home_entertaining”, “Working”, “Meeting”, “Of-
`fice_loud”, “Place_quiet”, “Place_speech” and “Place_loud”. All
`these states are specified as a combination of built-in Nokia N95
`sensor readings. The sensors used to recognize these states are accel-
`erometer, WiFi detector, GPS, and microphone.
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`21
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`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
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`APPLE-1005, p2c1. Of note, several of these user states correspond directly to ex-
`
`ample conditions disclosed in the ’865 patent. Compare APPLE-1001, 7:40-45
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`(disclosing “walking” and “driving” as example conditions), with APPLE-1005,
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`p2c1 (disclosing “Walking” and “Vehicle” as example user states).
`
`Note that Wang also refers to its state features as “conditions.” APPLE-
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`1005, p2c1 (“EEMSS uses a combination of sensor readings to automatically rec-
`
`ognize user state as described by three real-time conditions; namely motion…, lo-
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`cation … and background environment[.]”). The term “condition,” as used by the
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`’865 Patent, is broad enough to encompass both Wang’s state features and Wang’s
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`user states. Though it is possible to map the claims to Wang under either read, for
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`simplicity this petition maps the claims such that Wang’s user states constitute the
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`claimed conditions. Expert-Declaration1, [0120]-[0122].
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`[1c/21c/46c]identifying/identify a first pattern based, at least in part, on said
`at least one detected condition; and
`Wang discloses identifying a first pattern (e.g., “the characteristic features
`
`defining that state”) based on the at least one detected condition (e.g., “user state”).
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`APPLE-1005, p5c1. As construed above, a pattern encompasses “a collection of
`
`one or more parameter values.” Wang discloses such a pattern or collection of pa-
`
`rameter values for a user state. For example, Wang discloses that the pattern based
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`Attorney Docket No. 39521-0042IP1
`IPR of U.S. Patent No. 8,768,865
`on the “Walking” user state is “Location” = “Keep on changing” and “Motion” =
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`“Moving Slowly”:
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`
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`APPLE-1005-Table 1 (annotated)
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`Said differently, when the phone detects that its location keeps on changing
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`while moving slowly, it identifies this collection of parameter values as a pattern.
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`As seen in Table 1, Wang discloses a wide variety of patterns (collections of pa-
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`rameter values), each based on a different user state or condition.
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`These patterns are “based on” the detected conditions because the parameter
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`values corresponding to these patterns are chosen based on real-world conditions.
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`That is, the parameters a