Patent Owner’s Hearing Demonstratives
`IPR2018‐01281, ‐1282
`
`U.S. Patent No. 8,768,865
`October 30, 2019
`
`1
`
`
`IPR2018‐01281, ‐1282
`
`U.S. Patent No. 8,768,865
`October 30, 2019
`
`1
`
`
`
`Deficiencies in the Art
`
`Claims
`1, 21, 46
`
`1, 21, 46
`
`1, 21, 46
`
`3, 22, 27
`
`4, 23
`
`5, 24, 48
`
`Term
`“Identifying a first pattern …”
`“Fixing … by associating …” under any construction
`“Fixing … by associating …” under PO’s construction
`“initiat[ing] a process to attempt a recognition of a
`second pattern … based, at least in part, on said first
`identified pattern
`“said second pattern is [recognizing in] / [associated
`with] a reduced set of varying parameters [in response] /
`[due], at least in part, to said fixing”
`“captur[ing] a snapshot … in response to said detection
`of said at least one condition”
`
`Louch
`
`Wang
`Not Disclosed
`
`Not Disclosed
`
`Not Disclosed
`
`Not Disclosed
`
`Not Disclosed
`
`Not Disclosed
`
`Not Disclosed
`
`Not Disclosed
`
`2
`
`
`
`’865 Patent | Technology Overview
`
`’865 Patent (‐1281, Ex. 1001) at 1*
`
`*Except for slides specific to the Wang reference, all citations herein to ‐1281 have parallel content in the ‐1282 proceeding
`3
`
`
`
`’865 Patent | Technology Overview
`
`The ’865 Patent addresses a data and processing overload problem
`
`’865 Patent at 7:58‐63 (cited in ‐1281 POR at 8);
`see also Ex. 2004 at ¶ 20 (cited in ‐1281 POR at 4)
`
`’865 Patent at Figure 2
`(annotated) (cited in
`‐1281 POR at 5)
`
`4
`
`
`
`’865 Patent | Technology Overview
`
`First Stage
`
`Link Condition
`and First Pattern
`
`Set Scope
`of Analysis
`for Second
`Stage
`
`’865 Patent at Claim 1 (cited in ‐1281 POR at 14)
`
`5
`
`
`
`’865 Patent | Technology Overview
`
`Second Stage
`
`Further Details
`of Second Stage
`
`’865 Patent at Claims 3, 4, 5 (cited in ‐1281 POR at 14)
`
`6
`
`
`
`’865 Patent | Technology Overview
`
`• First Stage: Rather than continually tracking all varying
`parameters or attempting to recognize all possible patterns
`– First, monitor for conditions or “events of interest”
`
`’865 Patent at Claim 1 (cited in ‐1281 POR at 14)
`
`’865 Patent at 7:64‐8:1 (cited in ‐1281 POR at 8)
`
`7
`
`
`
`’865 Patent | Technology Overview
`
`• Second Stage: Upon detecting a condition, rather than attempting
`to recognize all patterns
`– Attempt to recognize a second pattern occurring “in
`connection” with the condition
`
`’865 Patent at 8:7‐15 (cited in ‐1281 POR at 8‐9)
`
`8
`
`
`
`’865 Patent | Technology Overview
`
`• Upon detecting a condition, still do not search for all patterns
`– Instead, attempt to recognize a second pattern occurring “in
`connection” with the condition, which “fixing” enables
`
`“Fixing …” enables the
`mobile device to
`recognize patterns that
`occur in connection with
`the condition
`
`’865 Patent at 8:7‐15 (cited in ‐1281 POR at 8‐9)
`
`9
`
`
`
`’865 Patent | Technology Overview
`
`• Upon detecting a condition, still do not search for all patterns
`– Instead, attempt to recognize a second pattern occurring “in
`connection” with the condition, which “fixing” enables
`
`’865 Patent at Claims 1, 3 (cited in ‐1281 POR at 14)
`
`’865 Patent at 8:7‐15 (cited in ‐1281 POR at 8‐9)
`
`10
`
`
`
`’865 Patent | Fixing
`
`Ex. 2001 (’865 Patent Provisional
`incorporated by ref) at 15 (cited in ‐1281
`POR at 10)
`
`’865 Patent Figure 2 (Annotated to Show “Fixing”) (‐1281 POR at 11); see also Ex. 2004 at ¶¶ 33‐34 (cited in ‐1281 POR at 11); ‐1281 POR at 9‐13
`11
`
`
`
`’865 Patent | Fixing
`
`Ex. 2001 (’865 Patent Provisional incorporated
`by ref) at 15 (cited in ‐1281 POR at 10)
`
`‘865 Patent Figure 2 (Annotated to Show “Recognize Second Pattern”) (‐1281 POR at 12); see also Ex. 2004 at ¶ 35 (cited in ‐1281 POR at 12)
`
`12
`
`
`
`“Fixing … by Associating” | Construction
`
`• Patent Owner’s construction
`– “Setting the scope of analysis” is consistent with the intrinsic record and
`gives meaning to all claim limitations
`• Petitioner’s construction
`– Provides no meaning to “fixing” rendering it surplusage
`– Does not accomplish what the specification says “fixing” accomplishes
`
`Petitioner’s
`construction
`redline against
`plain language
`
`fixing a subset of varying parameters associated with said
`first pattern by associating at least one parameter of a said
`subset of varying parameters with said first pattern to represent
`said at least one detected condition
`‐1281 POR at 20
`
`‐1281 POR at 18‐21; see also ‐1281 Sur‐Reply at 5‐8
`13
`
`
`
`“Fixing … by Associating” | “Associating …” is Not a Special Case of “Fixing …”
`
`• Dispute between parties was whether grammatical structure of
`the passage below meant “associating …” is either:
`(1) a sub‐step of “fixing …” or
`(2) a specific way to perform “fixing …”
`
`’865 Patent at 8:18‐21
`Now, both experts agree that “associating …” is a sub‐step of “fixing …”
`‐1281 POR at n.2, 20‐21; see also ‐1281 Sur‐Reply at 6
`14
`
`
`
`“Fixing … by Associating” | “Associating …” is Not a Special Case of “Fixing …”
`
`• The Institution Decisions, on a preliminary record, found
`Petitioner’s construction still limited the claims to fixing (and thus
`did not remove fixing), in fact fixing by the action of associating
`
`Now, both experts agree that “associating …” does not limit the claims to “fixing …”
`
`‐1281 POR at n.2, 20‐21; ‐1281 Sur‐Reply at 1, 5‐6; see also Apple Inc. v. Uniloc Luxembourg S.A., IPR2017–00222, slip op. at 15 (PTAB May 23,
`2018) (Paper 29) (rejecting, under the BRI standard, a construction that failed to give meaning to each word of the plain claim language).
`
`15
`
`‐1281 ID at 17
`
`
`
`“Fixing … by Associating” | “Associating …” is Not a Special Case of “Fixing …”
`
`Fixing
`
`Associating
`
`Context Labeling
`
`Associating
`
`Different Applications
`
`Associating
`
`‐1281 POR at 21; see also ‐1281 Sur‐Reply at 6
`
`Q. Okay. And you agree ‐‐ and so the
`specification uses associating as a substep of
`the process of fixing, correct?
`A. Yes.
`Allen Depo. (Ex. 2003) at 51:20‐23 (cited in ‐1281 POR at 3, 21;
`Sur‐Reply at 1, 6); see also Villasenor Decs (Exs. 2004, 2005) at
`¶¶ 32 (“‘associating’ does not, on its own, accomplish
`‘fixing.’”), 43
`
`Q. Okay. That computer operation of
`associating can be used in many different
`applications?
`A. Yes. Yes.
`Q. So the computer operation of associating
`can be used to achieve many different goals?
`A. Yes.
`Allen Depo. (Ex. 2003) at 49:25‐50:9 (cited in ‐1281 POR at 21;
`Sur‐Reply at 1, 6); see also id. at 52:12‐18 (context labelling is
`not fixing) (cited in ‐1281 POR at 21)
`
`16
`
`
`
`“Fixing … by Associating” | Patent Owner’s Construction
`
`Patent Owner’s construction provides meaning to “fixing” as the
`term is used in the specification
`
`Plain Language
`
`fixing a subset of varying parameters associated with said first
`pattern by associating at least one parameter of said subset of
`varying parameters with said first pattern to represent said at least
`one detected condition
`
`Patent Owner’s
`Construction
`
`setting the scope of pattern recognition analysis to where a
`subset of varying parameters match parameter values associated
`with said first pattern by associating at least one parameter of said
`subset of varying parameters with said first pattern to represent
`said at least one detected condition.
`
`‐1281 POR at 18‐19; see also ‐1281 Sur‐Reply at 7‐8
`17
`
`
`
`“Fixing … by Associating” | Assigning Meaning to “Fixing”
`
`• Test competing constructions with specification description
`
`“setting the scope of analysis to where motion state is equal to driving”
`enables an application processor to observe what other variables have
`patterns if motion state corresponds to “driving”
`
`“associating the varying parameter motion state with the parameter value
`driving” does not enable …
`‐1281 POR at 10‐11; ‐1281 Sur‐Reply at 7‐8;
`see also Villasenor Decs. (Exs. 2004, 2005) at ¶ 32
`
`’865 Patent at 13:23‐26, 13:36‐37 (cited in ‐1281 POR at 10‐11)
`
`18
`
`
`
`“Fixing … by Associating” | Assigning Meaning to “Fixing”
`
`Dr. Allen agrees that Petitioner’s construction of “fixing” does not
`enable determining what is relevant to a second pattern
`
`Q. So instantiating parameters to represent a condition tells you
`nothing about what varying parameters you should look at
`going forward, correct?
`A. It tells you what parameters are relevant to this state.
`Q. But it doesn't tell you what parameters are relevant to another
`state, such as the one you’ve mapped to the second pattern,
`correct?
`A. It doesn't tell you what's relevant to those, right.
`
`Allen Deposition (Ex. 2003) at 85:11‐20 (cited in ‐1281 POR at 22)
`
`Q. And 408 is instantiate the pattern. Is that fair?
`A. Yes.
`
`…Q
`
`. What does instantiate mean?
`A. It means that you're going to – the parameters are
`assigned a value.
`
`Allen Deposition (Ex. 2003) at 56:21‐57:6 (cited in ‐1281
`POR at 23)
`
`FIG. 4
`
`’865 Patent at Fig. 4 (excerpt) (cited in Villasenor Decs.
`(Exs. 2004, 2005) at ¶¶ 21, 24); see also ‐1281 POR at 8‐9
`
`19
`
`
`
`“Fixing … by Associating” | Assigning Meaning to “Fixing”
`
`Dr. Allen’s remaining testimony regarding “fixing” is inconsistent and unhelpful
`Dr. Allen’s independent assessment
`Q. Okay. And how does storing relate to fixing?
`A. The fixing is, in this case here, is determining which parameters ‐‐ determining what the pattern is. Storing is saving that
`pattern away.
`Q. So it's not fixing?
`A. Recording the pattern on the device is not fixing.
`
`Allen Deposition (Ex. 2003) at 116:22‐117:4 (cited in ‐1281 POR at 23)
`
`Dr. Allen’s testimony when instructed on redirect
`
`Q. Okay. And let me take a step back. Do you have a recollection of what the ‐‐ you don't have to have just a recollection. You can look
`at your declaration ‐‐ of what the construction or understanding of the fixing limitation is that you’ve applied?
`…
`Q. ‐‐ turning to your discussion in page 58 on paragraph 128, is that storing action ‐‐ could that be an example of the fixing limitation?
`A: Yes. That could be an example of the fixing, because it’s associating ‐‐ well, whatever the words are ‐‐ the parameter with the ‐‐
`basically the signature is representing the condition.
`Allen Deposition (Ex. 2003) at 150:7‐12; 151:2‐14 (cited in ‐1281 POR at 23‐24)
`
`20
`
`
`
`“Fixing … by Associating” | Qualcomm is Consistent with its Litigation Positions
`
`Qualcomm’s position on the flaws in Apple’s construction and the
`role of fixing have been consistent
`
`Ex. 1024 at 86 (cited in ‐1281 Sur‐Reply at 13)
`
`D.I. 129 in district court litigation at 10 (quoted in ‐1281 Sur‐Reply at 13)
`
`See also ‐1281 Sur‐Reply at 13‐14
`21
`
`
`
`Wang
`
`• Mapping of Wang fails for multiple reasons
`– Petitioner does not contest that EEMSS uses an XML file with
`state transitions to recognize patterns, which is fatal to
`Petitioner’s mapping of “first pattern” and “second pattern”
`– To recognize a second pattern through state transition, the
`EEMMS scope of analysis is where the first pattern does not
`match, contrary to the recited “fixing … by associating …”
`– The Petition asserts that EEMSS selects sensors for
`monitoring in response to detecting user state, not in
`response fixing as required by Claims 4 and 23
`
`‐1281 POR at 33‐40; Sur‐Reply at 14‐27
`22
`
`
`
`Wang | XML File—Not Table 1—Defines EEMMS State Detection
`
`Petitioner does not dispute that Wang describes a research system
`known as “EEMSS” that detects states based on state transitions
`
`Ex. 1005 (Wang) at 2, 3 (cited in ‐1281 POR at 25); see also ‐1281 POR at 24‐40; Sur‐Reply at 2, 14, 17
`
`23
`
`
`
`Wang | XML File—Not Table 1—Defines EEMMS State Detection
`
`EEMSS uses “state transition criteria” from the XML file to identify
`new states, not patterns from Table 1
`
`Ex. 1005 (Wang) at 4 (cited in ‐1281 POR at 25)
`
`24
`
`
`
`Wang | XML File—Not Table 1—Defines EEMMS State Detection
`
`• Petitioner’s mapping fatally relies upon an incorrect assumption
`that EEMSS uses the state definitions in Table 1 in operation
`– Wang never states that EEMSS uses the state definitions of Table 1
`For example, Wang discloses that, from a first
`pattern corresponding to the user state “walking”
`(i.e., the pattern comprising parameter values
`“Keep on changing” and “Moving Slowly”), a
`second pattern corresponding to the user state
`“riding a vehicle” (i.e., the pattern comprising
`parameter values “Keep on changing” and
`“Moving Fast”) can be recognized “[i]f a
`significant amount of increase is found on both
`user speed and recent distance of travel.” APPLE-
`1005, p5c1, Table 1.
`‐1281 Pet at 18 (cited in ‐1281 POR at n.4)
`
`‐1281 Pet at 18 (cited in ‐1281 POR at 26)
`
`‐1281 Sur‐Reply at 25‐27
`25
`
`
`
`Wang | XML File—Not Table 1—Defines EEMMS State Detection
`
`Petitioner’s reliance on Table 1 to define a “first pattern” is fatal to
`the mapping of multiple elements of the independent claims
`
`’865 Patent at Claim 1 (cited in ‐1281 POR at 14)
`‐1281 POR at 30‐35; Sur‐Reply at 19‐20
`26
`
`
`
`Wang | XML File—Not Table 1—Defines EEMMS State Detection
`
`• Petitioner identifies no passages in Wang that describe EEMSS
`using “both” the XML file and the “patterns” of Table 1
`– Nothing in the passage below, or anywhere else in Wang, states that EEMSS
`uses the patterns of Table 1 to detect states
`– Wang does not disclose using “both,” and such a notion is nonsensical
`
`Ex. 1005 (Wang) at 5 (cited in ‐1281 POR at 28‐29)
`
`‐1281 POR at 27‐30; Sur‐Reply at 14‐19
`27
`
`
`
`Wang | XML File—Not Table 1—Defines EEMMS State Detection
`
`• Petitioner’s alterations of Wang to insert references to Table 1
`confirm the actual disclosure of Wang provides no support
`– Wang does not actually include the bracketed text inserted by Petitioner
`referencing Table 1
`
`‐1281 Pet. Reply at 23 (cited in ‐1281 Sur‐Reply at 18)
`
`‐1281 Pet. Reply at 23 (cited in ‐1281 Sur‐Reply at 18)
`
`‐1281 Sur‐Reply at 17‐18
`28
`
`
`
`Wang | Detection of Non‐Overlapping States
`
`• Wang requires setting the scope of analysis to where the varying
`parameters do not match their values in the purported first pattern
`
`PO’s “Fixing … by
`Associating …”
`Construction
`
`setting the scope of pattern recognition analysis to where a subset of varying
`parameters match parameter values associated with said first pattern by
`associating at least one parameter of said subset of varying parameters with said
`first pattern to represent said at least one detected condition.
`
`‐1281 POR at 18‐19, 37‐38; see also ‐1281 Sur‐Reply at 7‐11
`
`‐1281 POR at 30‐32, 37‐38
`
`Ex. 1005 (Wang) at 4 (cited in ‐1281 POR at 25)
`
`29
`
`
`
`Wang | Detection of Non‐Overlapping States
`
`Table 1’s patterns cannot be recognized with the claimed “fixing”
`
`setting the scope of pattern
`recognition analysis to
`where a subset of varying
`parameters match parameter
`values associated with said
`first pattern …
`
`‐1281 POR at 18‐19
`
`Q.
`
`The bottom two states are walking and vehicle. Do
`you see that?
`Yes, I do.
`A.
`Q.
`Those two states cannot overlap in time, can they?
`A. They cannot.
`
`Allen Depo. (Ex. 2003) at 22:13‐18 (cited in ‐1281 POR at 30)
`30
`
`‐1281 Pet at 18 (cited in ‐1281 POR at 26)
`
`‐1281 POR at 30‐32, 37‐38
`
`
`
`Wang | Detection of Non‐Overlapping States
`
`• Petitioner’s new first pattern mapping is improper and fails
`– Mapping in Petition (two variable pattern):
`
`‐1281 Pet. at 25
`(cited in ‐1281 Sur‐Reply at 21)
`
`– Mapping in Reply (one variable pattern):
`
`‐1281 Reply at 28
`(cited in ‐1281 Sur‐Reply at 21)
`– Reply mapping breaks other parts of mapping: New first pattern does not
`“represent said condition,” does not match the “identifying” step
`‐1281 Sur‐Reply at 19‐23
`31
`
`
`
`Wang | Detection of Non‐Overlapping States
`
`• Petitioner’s second new first pattern mapping is improper and fails
`– Mapping in Petition (two variable pattern):
`
`‐1281 Pet. at 25
`(cited in ‐1281 Sur‐Reply at 21)
`
`– Mapping in Reply (to XML file not mapped in Petition):
`
`‐1281 Reply at 31
`(cited in ‐1281 Sur‐Reply at 22)
`
`– Petitioner breaks what Wang shows as single pattern into separate parts, no
`identification of “condition” represented by purported pattern
`
`‐1281 Sur‐Reply at 19‐23
`32
`
`
`
`Wang | No Selection of Sensors in Response Fixing (Claims 4 and 23)
`
`Claims 4 and 23 each recite a reduced set of varying parameters …. [in response]
`/ [due], at least in part, to said fixing of said subset of parameters.”
`
`’865 Patent at Claims 4, 23 (cited in ‐1281 POR at 39)
`
`‐1281 POR at 39‐40; Sur‐Reply at 24‐27
`33
`
`
`
`Wang | No Selection of Sensors in Response Fixing (Claims 4 and 23)
`
`The Petition asserts that Wang discloses selecting sensors to monitor
`“in response” to determining a user state, not “fixing”
`
`‐1281 Pet. at 36 (cited in ‐1281 POR at 39; Sur‐Reply at 26)
`
`‐1281 Pet. at 37 (cited in ‐1281 POR at 39 ; Sur‐Reply at 27)
`
`‐1281 POR at 39‐40; Sur‐Reply at 24‐27
`34
`
`
`
`Wang | No Selection of Sensors in Response Fixing (Claims 4 and 23)
`
`Dr. Allen admits that defining which sensors monitored has
`“nothing to do with fixing”
`
`Redo callout
`
`Ex. 1005 (Wang) at 3, 5 (cited in ‐1281 POR at 39)
`
`Q. So it also ‐‐ so fixing also has to require defining the
`state transition and what – and what you're going to
`monitor in order to see that state transition?
`
`A. That has nothing to do with fixing. That's a
`description of the system.
`
`Allen Depo. (Ex. 2003) at 91:11‐16
`(cited in ‐ 1281 POR at 3, 39; Sur‐Reply at 25)
`
`‐1281 POR at 39‐40; Sur‐Reply at 24‐27
`35
`
`
`
`Louch
`
`• Mapping of Louch fails for multiple reasons
`– Louch does not disclose any sort of setting the scope of analysis
`(i.e., “fixing”) or staged approach as required by Ind. Claims
`– Louch never discusses detecting more than one pattern in any
`embodiment, therefore it does not disclose attempting a
`recognition of a second pattern as required by Claims 3, 22, 27
`– Louch never discusses limiting sensors or data from sensors in
`any way, and thus does not disclose recognizing any variable in a
`reduced set of varying parameters as required by Claims 4, 23
`– The Petition asserts that Louch captures snapshots
`“continuously,” and thus not in response to said detection of
`said at least one condition as required by Claims 5, 23, 48
`‐1282 POR at 31‐39; Sur‐Reply at 16‐25
`36
`
`
`
`Louch | No Limited Scope of Analysis
`
`• Unlike the multi‐stage approach of the ’865 Patent, Louch discloses
`a single step without any setting of scope of analysis
`– Louch discloses nothing other than monitoring all sensors (i.e., all data
`derived from the sensors) at all times while attempting to detect all patterns
`
`’865 Patent at Fig. 4 (excerpt)
`(cited in Villasenor Dec.
`(Ex. 2005) at ¶¶ 21, 23, 24
`
`FIG. 4
`
`Louch (Ex. 1011) at Fig. 4
`(cited in ‐1282 POR at 26);
`see also ‐1282 POR at 25‐27
`
`37
`
`
`
`Louch | No “Fixing … By Associating” (Independent Claims)
`
`• Petitioner originally mapped “fixing … by associating …” to
`“learning” and/or “storing” a pattern
`
`‐1282 Pet. at 28‐29 (cited in ‐1282 POR at 31); see also ‐1282 POR at 31‐32
`
`• Petitioner pivots in reply to assert that Louch “sets the scope of
`analysis” through identifying a “duration” pattern
`
`‐1282 Reply at 18‐19 (cited in ‐
`1282 Sur‐Reply at 17, 19); see
`also ‐1282 Sur‐Reply at 16‐19
`
`38
`
`
`
`Louch | No “Fixing … By Associating” (Independent Claims)
`
`Both Dr. Allen and the ’865 Patent agree that a duration pattern does
`not “match” until the duration element is met, meaning there is no
`separate “first pattern” on which to perform “fixing”
`
`’865 Patent at 10:17‐21 (cited in ‐1282 POR at 35; ‐1282 Sur‐Reply at 17)
`
`Q. Why don't you say it because I'm doing a terrible
`job of terminology. Could you kind of say that back
`to me in how you would use the words, that basic
`notion?
`
`A. Uh‐huh. Yes. That would be the pattern ‐‐ that
`pattern with a duration constraint would have to
`hold for that amount of time before it matched.
`Allen Depo. (Ex. 2003) at 34:25‐35:7 (cited in ‐1282 POR at
`35; ‐1282 Sur‐Reply at 17)
`‐1282 POR at 33‐36; Sur‐Reply at 17‐18
`39
`
`
`
`Louch | No “Fixing … By Associating” (Independent Claims)
`Dr. Villasenor does not support Petitioner’s position
`Dr. Villasenor responding to Petitioner’s question on hypothetical functionality not in Louch
`
`A.
`
`Q. Yes. And to get from the situation in which you just have "motion sensing" equals "none" and "proximity" equals "close to an object,"
`to get from that scenario to the state in which you now have exceeded the duration threshold and determined that you want to trigger
`a control action, to make that leap, the only thing the device in Louch needs to analyze is the duration of the first state?
`I guess I disagree to the extent that your question has sort of relabeled as separate states what in Louch is a single state. But as a
`technical matter, it is the case that once you observe you're in a position and if there – if that state also includes the duration
`requirement, assuming that position remains the same, what you would then need to wait to establish is whether the duration of
`requirement is met or not.
`Villasenor Deposition (Ex. 1026) at 124:21‐125:18 (cited in Reply at 22); see also ‐1282 Sur‐Reply at 17‐18
`
`Dr. Villasenor again stating that Louch does not include any such functionality
`
`Q. So then in that example, once the device enters the state in which "motion" equals "none" and "proximity" equals "close to an object,"
`then the only thing the system needs in order to determine whether to trigger the control action is to analyze the duration of that state?
`But, again, it's ‐‐ it depends what you ‐‐ you know, in Louch the state would not be ‐‐ if duration is a criterion, then the way Louch is
`presented then you wouldn't declare that you're in the, quote, state until you actually have also assessed the duration.
`
`A.
`
`Villasenor Deposition (Ex. 1026) at 123:16‐124:4 (cited in ‐1282 Sur‐Reply at 18); see also ‐1282 Sur‐Reply at 17‐18
`
`40
`
`
`
`Louch | No “Fixing … By Associating” (Independent Claims)
`• Louch is entirely silent on how a duration pattern is detected
`– Louch does not describe setting any scope of analysis
`
`Louch (Ex. 1011) at 5:7‐21 (cited in ‐1282 POR at 34); see also ‐1282 POR at 29‐30, 32‐36
`
`41
`
`
`
`Louch | No Second Pattern (Claims 3, 22, 27)
`
`Dr. Allen agrees that a pattern recorded in “learning mode”
`and later matched are “the same”
`
`Q. Okay. Let me walk through both of those logical options because that's what I was getting at myself. Option one is
`that the first movement pattern is recorded and then days or weeks later, that exact pattern is identified in the
`current data being analyzed, correct?
`A. Yes.
`Q. So in that case, the first movement pattern and the second movement pattern would be the same pattern?
`A. The pattern ‐‐ yes. They are ‐‐ it’s the ‐‐ yes, yes. Yes.
`Q. And in the other logical case, which is what you were getting at in paragraph 156, the first movement pattern is
`recorded and then days or weeks later, something that's pretty close is identified, correct?
`A. Yeah, but we're conflating what it means, a notion of a pattern, right. The pattern is an abstract data structure.
`You're going to see the same thing in the '865 patent and the other. It's essentially when you're pattern
`matching you've got the pattern and the pattern you eventually match is the same as the one that was before.
`So it's in that sense.
`
`Allen Deposition (Ex. 2003) at 123:17‐124:16 (cited in ‐1282 POR at 3, 28, 29, 33); see also ‐1282 POR at 33‐36
`
`42
`
`
`
`Louch | No Second Pattern (Claims 3, 22, 27)
`
`• Petitioner’s argument in reply that the BRI of “second pattern”
`includes “first pattern” is untimely attorney argument and wrong
`– The ’865 Patent uses “occurrence” to refer to multiple instances of the
`same pattern
`
`– Claim 3 refers to two different patterns
`
`’865 Patent at 15:18‐20
`(cited in Sur‐Reply at 15‐16)
`
`’865 Patent at 21:17‐20
`(cited in Sur‐Reply at 16)
`
`‐1282 Sur‐Reply at 15‐16
`43
`
`
`
`Louch | No Second Pattern (Claims 3, 22, 27)
`• Louch discloses a pattern including a duration or distance
`component as an alternate pattern, not a second pattern
`– Louch does not disclose or suggest or given any reason to use both
`
`Louch (Ex. 1011) at 5:7‐21 (cited in ‐1282 POR at 34); see also ‐1282 POR at 33‐36
`
`44
`
`
`
`Louch | No Reduced Set of Varying Parameters (Claims 4, 23)
`
`Louch does not disclose limiting the number of sensors (or varying
`parameters derived from those sensors) in any way or at any time
`
`Q. And states are defined using less than all of those sensors, correct?
`A. Yes.
`Q. But Louch never suggests you should monitor less than all of them, correct?
`A. I'd have to go through and make sure; but to my best recall now, they don't.
`Although, the ‐‐ if the sensors are not relevant to the pattern, what you're
`looking for then ‐‐
`Allen Deposition (Ex. 2003) at 117:17‐25 (cited in ‐1282 POR at 4, 27, 32, 37, 39); see also ‐1282 POR at 27‐29, 36‐37
`Q. Okay. So on a happy note, you would agree with me that Louch does not discuss
`turning off various sensors at any time?
`A. Yes. I believe that's true, yes.
`Allen Deposition (Ex. 2003) at 114:24‐115:2 (cited in ‐1282 POR at 4, 27, 32, 37 ); see also ‐1282 POR at 27‐29, 36‐37
`
`45
`
`
`
`Louch | No Reduced Set of Varying Parameters (Claims 4, 23)
`Dr. Villasenor does not support Petitioner’s position
`
`Dr. Villasenor responding to Petitioner’s question on hypothetical functionality not in Louch
`
`Q. Does it need to analyze the input from the ambient light sensor or the pressure sensor?
`A.
`I mean, it could, but it doesn’t necessarily have to, no.
`
`Villasenor Deposition (Ex. 1026) at 126:6‐10 (cited in ‐1282 Reply at 26); see also ‐1282 Sur‐Reply at 21‐23
`
`Dr. Villasenor stating that Louch does not disclose such functionality
`
`A.
`
`Q. Okay. I turn you back to Louch, the column 2, 54 to 56. … When Louch says the state machine can track various combinations of
`inputs, do you understand that to mean it's not tracking all combinations of all inputs at all times?
`I don't think there's any disclosure in Louch that it's not tracking all ‐‐ that it's not monitoring all inputs at all times. I think what
`this sentence is referring to is that if you're looking for a particular state change or a particular state, you can preferentially be
`evaluating those variables. But I don't think there's any disclosure in Louch that you're not always looking at everything, it's just a
`question of what you're actually subjecting to computation.
`
`Villasenor Deposition (Ex. 1026) at 126:21‐127:20 (cited in ‐1282 Sur‐Reply at 22); see also ‐1282 Sur‐Reply at 21‐23
`
`46
`
`
`
`Louch | No Snapshots In Response to Detection of Condition (Claims 5, 23, 48)
`
`• Claims 5, 24, and 48 each recite “captur[ing] a snapshot … in
`response to said detection of said at least one condition.”
`– Louch never mentions taking a snapshot at any point and any automated
`snapshots taken as part of sensor capturing would be continuous, not in
`response to said detection of said at least one condition
`
`’865 Patent at Claim 5 (cited in ‐1282 POR at 38); see also ‐1282 POR at 4, 38‐39; ‐1282 Sur‐Reply at 3, 23‐25
`
`47
`
`
`
`Louch | No Snapshots In Response to Detection of Condition (Claims 5, 23, 48)
`
`• The Petition does not identify any “capturing” of “snapshots” “in
`response to detecting a condition”
`– The Petition alleges only that snapshots “are continuously captured”
`
`5. The method of claim 3, wherein said
`process further comprises: capturing a
`snapshot of said monitored input signals
`in response to said detection of said at
`least one condition
`
`Q. No. Okay. So if you're analyzing data, you're definitely capturing snapshots?
`A.
`If a computer is analyzing data, at some stage, that data is recorded in its memory so that it can operate on it.
`There's no other thing a computer can do.
`Allen Deposition (Ex. 2003) at 54:12‐18 (cited in ‐1282 POR at 38)
`
`‐1282 POR at 4, 38‐39; ‐1282 Sur‐Reply at 3, 23‐25
`48
`
`‐1282 Pet. at 45‐46 (cited in ‐1282 POR at 38, 39)
`
`
`
`
`
`
`Additional Slides
`
`Additional Slides
`
`49
`
`
`
`Patterns
`
`• Example of patterns
`– “Motion State” = Driving
`– “Motion State” = Driving AND “Starting Location” = Work
`
`’865 Patent at 13:8‐13 (cited in ‐1281 POR at 6)
`
`‐1281 POR at 6‐7
`50
`
`
`
`’865 Patent | Fixing
`
`• “Fixing a subset of variables” enables subsequent pattern
`recognition efforts subsequent pattern recognition efforts not of
`all patterns, but when there is a pattern in the fixed variables
`
`Ex. 2001 (’865 Patent Provisional) at 15 (cited in ‐1281 POR at 10); see also 865 Patent at 1:7‐10
`(stating provisions is “expressly incorporated herein by reference) (cited in ‐1281 POR at 10)
`
`‐1281 POR at 9‐13
`51
`
`
`
`’865 Patent | Fixing
`
`• “Fixing a subset of variables” enables subsequent pattern
`recognition efforts subsequent pattern recognition efforts not of
`all patterns, but when there is a pattern in the fixed variables
`
`’865 Patent at 13:19‐22 (cited in ‐1281 POR at 10)
`
`‐1281 POR at 9‐13
`52
`
`
`
`’865 Patent | Fixing
`
`• “Fixing a subset of variables” enables subsequent pattern
`recognition efforts subsequent pattern recognition efforts not of
`all patterns, but when there is a pattern in the fixed variables
`
`‐The Patent provides another example of “fixing one variable
`associated with or corresponding to ‘driving’”
`
`’865 Patent at 13:23‐26, 13:36‐37 (cited in ‐1281 POR at 10‐11)
`
`‐1281 POR at 9‐13
`53
`
`
`
`’865 Patent | Fixing
`
`•
`
`“Fixing a subset of variables” enables subsequent
`pattern recognition efforts subsequent pattern
`recognition efforts not of all patterns, but when
`there is a pattern in the fixed variables
`
`Ex. 2001 (’865 Patent Provisional incorporated by ref) at 15;
`’865 Patent at 13:19‐26, 13:36‐37 (cited in ‐1281 POR at 10‐11)
`
`’865 Patent Figure 2 (Annotated to Show “Fixing”) (‐1281 POR at 11); see also Ex. 2004 at ¶¶ 33‐34 (cited in ‐1281 POR at 11); ‐1281 POR at 9‐13
`54
`
`
`
`’865 Patent | Fixing
`
`‘865 Patent Figure 2 (Annotated to Show “Fixing”) (‐1281 POR at 11);
`see also Ex. 2004 at ¶¶ 33‐34 (cited in ‐1281 POR at 11)
`55
`
`
`
`’865 Patent | Fixing
`
`‘865 Patent Figure 2 (Annotated to Show “Recognize Second Pattern”)
`(‐1281 POR at 12); see also Ex. 2004 at ¶ 35 (cited in ‐1281 POR at 12)
`
`56
`
`
`
`’865 Patent | Fixing
`
`’865 Patent at 8:45‐54 (cited in ‐1281 POR at 12)
`
`‘865 Patent Figure 2 (Annotated to Show “Variable Disregarded”) (‐1281 POR at 13); see also Ex. 2004 at ¶ 36 (cited in ‐1281 POR at 12‐13)
`57
`
`
`
`“Fixing … by Associating” | Assigning Meaning to “Fixing”
`Dr. Allen agrees that by the time “identifying” is completed, the
`relevant varying parameters have been identified and linked.
`
`Q. And 408 is instantiate the pattern. Is that fair?
`A. Yes.
`Q. So one is find and one is instantiate?
`A. Yes.
`Q. What does instantiate mean?
`A. It means that you're going to – the parameters are assigned a value.
`
`Allen Deposition (Ex. 2003) at 56:21‐57:6 (cited in ‐1281 POR at 17‐18, 23)
`
`Q. Okay. So when you're done with the identifying step, you've identified the
`relevant parameters ‐‐
`A. Right.
`Q. ‐‐ you're identified the relevant parameter values, correct?
`A. Yes.
`
`Allen Deposition (Ex. 2003) at 58:9‐15 (cited in ‐1281 POR at 18, 23)
`
`FIG. 4
`’865 Patent at Fig. 4 (excerpt) (cited in
`Villasenor Decs. (Exs. 2004, 2005) at ¶¶ 21,
`24); see also ‐1281 POR at 17‐18, 23
`
`58
`
`
`
`Wang | XML File—Not Table 1—Defines EEMMS State Detection
`
`•
`
`If Petitioner were correct that EEMSS uses Table 1, then EEMSS
`would detect the state “Vehicle” by detecting a pattern of
`Feature “Location” = “Keep on changing”
`+
`Feature “Motion” = “Moving Fast”
`– But that is not what Wang says:
`
`Ex. 1005 (Wang) at 5 (cited in ‐1281 POR at 27)
`
`‐1281 POR at 27, 30
`59
`
`
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