UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`Axis Communications AB, Canon Inc., and Canon U.S.A., Inc.,
`
`Petitioner
`
`v.
`
`Avigilon Fortress Corporation,
`
`Patent Owner
`______________________
`
`Case: IPR2019-00236
`
`U.S. Patent No. 7,868,912
`Issue Date: January 11, 2011
`
`Title: Video Surveillance System Employing Video Primitives
`
`______________________
`
`
`PATENT OWNER’S PRELIMINARY RESPONSE TO PETITION FOR
`INTER PARTES REVIEW
`
`
`
`
`
`

`

`IPR2019-00236
`Patent Owner’s Preliminary Response
`
`
`TABLE OF CONTENTS
`
`Page
`INTRODUCTION ......................................................................................... 1
`BACKGROUND ............................................................................................ 2
`A.
`The ʼ912 Patent ..................................................................................... 2
`B.
`Overview of the Claims of the ’912 Patent ........................................... 4
`C.
`The Petition Proposes One Anticipation and Two Obviousness
`Challenges ............................................................................................. 5
`III. LEVEL OF ORDINARY SKILL ................................................................. 5
`IV. CLAIM CONSTRUCTION .......................................................................... 6
`A.
`Single Processor Claims (Claims 6, 9, 12, 18, 24, 25, 27–30, 32,
`33) .......................................................................................................... 6
`“Filtering” (Claims 23–25, 31–36) ....................................................... 8
`“analyzing a combination of the received determined attributes”
`or “wherein analyzing
`the combination of
`the received
`determined
`attributes
`comprises
`filtering”
`(Petitioners’
`“Independence Argument (1)” Discussion) (Claims 1, 6, 8, 11,
`12, 16, 18, 23–27, 29–36) ...................................................................... 9
`“Event” (Petitioners’ “Independence Argument (3)”) (Claims 1,
`3, 4, 6, 8, 9, 11, 12, 16–18, 22–36) ..................................................... 11
`“Independent” (Petitioners’ “Independence Argument (2)”)
`(Claims 1, 6, 9, 15, 18, 23–28, 30–33) ................................................ 12
`“Analyzing only the attributes” (Claims 3, 8, 11) ............................... 14
`F.
`THE BOARD SHOULD REJECT THE PETITION IN ITS
`ENTIRETY. ................................................................................................. 15
`
`I.
`II.
`
`V.
`
`B.
`C.
`
`D.
`
`E.
`
`
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`i
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`

`

`A.
`
`B.
`
`C.
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`E.
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`The Board Should Exercise Its Discretion To Dismiss This
`Petition As Cumulative To Prior Examination Of The ’912
`Patent. .................................................................................................. 15
`Petitioners Fail To Prove Talmon and Aspectus Are Prior Art. .......... 20
`1.
`It is uncontested that the claims of the ’912 patent reciting
`only one processor are entitled to a priority date earlier
`than Talmon and Aspectus. ....................................................... 20
`All claims of the ’912 patent are entitled to a priority date
`earlier than the alleged effective date of Talmon and
`Aspectus. ................................................................................... 21
`Petitioners
`fail
`to prove Aspectus
`is a “printed
`publication.” .............................................................................. 39
`Ground 1: Petitioners Fail To Prove Talmon Anticipates Claims
`1–4 And 6–36. ..................................................................................... 41
`Overview of Talmon ................................................................. 41
`Petitioners fail to prove Talmon teaches a system or
`method that “determines attributes independent of a
`selection of the first event.” (Claims 1–4, 6–36) ...................... 42
`Petitioners fail to prove Talmon teaches “a first processor
`which analyzes a video to determine attributes of objects
`detected in the video.” (Claims 1–4, 23, 26, 31) ...................... 47
`D. Ground 2: Petitioners Fail To Prove Talmon in Combination
`With Aspectus Renders Claims 1–4 And 6–36 Obvious..................... 51
`Overview of Aspectus ............................................................... 51
`Aspectus does not remedy any of the failings of Talmon
`addressed above. (Claims 1–4, 6–36) ...................................... 51
`Ground 3: Petitioners Fail To Prove Talmon In Combination
`With Brill Renders Claims 1–4 And 6–36 Obvious. .......................... 52
`Overview of Brill ...................................................................... 52
`
`2.
`
`3.
`
`1.
`2.
`
`3.
`
`1.
`2.
`
`1.
`
`
`
`ii
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`2.
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`3.
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`Petitioners fail to show a POSITA would combine Talmon
`with Brill. .................................................................................. 55
`Petitioners fail to prove Brill teaches a system or method
`that “determines attributes independent of a selection of
`the first event.” (Claims 1–4, 6–36) .......................................... 57
`VI. CONCLUSION ............................................................................................ 60
`
`
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`PATENT OWNER’S EXHIBIT LIST
`
`Description
`
`
`
`iv
`
`Exhibit
`No.
`2001 Declaration of Michael W. De Vries in Support of Unopposed Motion
`to Appear Pro Hac Vice on Behalf of Patent Owner Avigilon Fortress
`Corporation.
`
`2002 Declaration of Adam R. Alper in Support of Unopposed Motion to
`Appear Pro Hac Vice on Behalf of Patent Owner Avigilon Fortress
`Corporation.
`
`2003 Declaration of Akshay S. Deoras s in Support of Unopposed Motion to
`Appear Pro Hac Vice on Behalf of Patent Owner Avigilon Fortress
`Corporation.
`
`37 C.F.R. § 1.132 Declaration of Kenneth A. Zeger (excerpt of U.S.
`Patent No. 7,868,912 Reexamination).
`
`Thomas Olson & Frank Brill, Moving Object Detection & Event
`Recognition Algorithms for Smart Cameras, 1 PROC. 1997 IMAGE
`UNDERSTANDING WORKSHOP 159-175 (1997).
`
`Jonathan D. Courtney, Automatic Video Indexing Via Object Motion
`Analysis, 30(4) PATTERN RECOGNITION 607-625 (1997).
`
`Patent Application No. 09/987707.
`
`2008 U.S. Patent No. 6,628,835 to Brill et al.
`
`2009 Declaration of Jennifer A. Babbitt.
`2010
`SearchWorks Catalog Entry for Thomas Olson & Frank Brill, Moving
`Object Detection & Event Recognition Algorithms for Smart Cameras,
`1 PROC. 1997 IMAGE UNDERSTANDING WORKSHOP 159-175 (1997).
`
`Scanned Cover and Front Matter of Jonathan D. Courtney, Automatic
`Video Indexing Via Object Motion Analysis, 30(4) PATTERN
`RECOGNITION 607-625 (1997))
`
`
`
`
`
`
`2004
`
`2005
`
`2006
`
`2007
`
`2011
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`

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`IPR2019-00236
`Patent Owner’s Preliminary Response
`TABLE OF AUTHORITIES
`
` Page(s)
`
`Cases
`Acceleration Bay v. Activision Blizzard,
`908 F.3d 765 (Fed. Cir. 2018) ............................................................................ 41
`Axis Comm’ns v. Avigilon Fortress Corp.,
`IPR2018-00138 ....................................................................................... 11, 12, 14
`Axis Comm’ns v. Avigilon Fortress Corp.,
`IPR2018-00140 ............................................................................................. 12, 14
`Becton, Dickinson & Co. v. B. Braun Melsungen AG,
`IPR2017-01586, Paper No. 8 (Dec. 15, 2017) .................................................... 16
`Blue Calypso v. Groupon,
`815 F.3d 1331 (Fed. Cir. 2016) .................................................................... 40, 41
`GoPro v. Contour IP Holdings,
`908 F.3d 690 (Fed Cir. 2018) ............................................................................. 39
`Harmonic Inc. v. Avid Tech., Inc.,
`815 F.3d 1356 (Fed. Cir. 2016) .......................................................................... 16
`Hospira v. Genentech,
`IPR2017-00739, Paper No. 16 (July 27, 2017) ............................................ 16, 18
`Neil Zeigmann, N.P.Z., Inc. v. Stephens,
`IPR2015-01860, Paper No. 13 (Sept. 6, 2017) ................................................... 19
`Net MoneyIN v. VeriSign,
`545 F.3d 1359 (Fed. Cir. 2008) .......................................................................... 15
`Phillips v. AWH Corp.,
`415 F.3d 1303 (Fed. Cir. 2005) ...................................................................... 8, 12
`SMR Automotive Systems USA v. Magna Mirrors of America,
`IPR2018-00505, Paper No. 10 (June 28, 2018) ............................................ 16, 18
`Unified Patents Inc. v. Berman,
`IPR2016-01571, Paper No. 10 (Dec. 14, 2016) .................................................. 18
`
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`
`Statutes
`35 U.S.C. § 102 .............................................................................................. 5, 15, 20
`35 U.S.C. § 112(a) ................................................................................................... 19
`35 U.S.C. § 311(b) ................................................................................................... 20
`35 U.S.C. § 325(d) ................................................................................................... 16
`Other Authorities
`157 CONG. REC. 2710 (statement of Sen. Grassley) ................................................ 19
`175 CONG. REC. 12992 (Sept. 6, 2011) (statement of Sen. Leahy) ......................... 19
`H.R. Rep. No. 112-98, 48 (2011) ............................................................................. 19
`
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`IPR2019-00236
`U.S. Patent No. 7,868,912
`
`I.
`
`INTRODUCTION
`Axis Communications AB, Canon Inc., and Canon U.S.A., Inc. (collectively
`
`“Petitioners”) filed this Petition against Avigilon Fortress Corporation’s (“Patent
`
`Owner”) U.S. Patent No. 7,868,912 (Ex. 1001, “the ’912 patent”) seeking to
`
`invalidate the patent as anticipated or rendered obvious by prior art. Petitioners raise
`
`three grounds. First, Petitioners assert that Talmon anticipates claims 1–4 and 6–36
`
`of the ’912 patent. Second, Petitioners allege that Talmon in combination with
`
`Aspectus renders obvious claims 1–4 and 6–36. Third, Petitioners allege that Talmon
`
`in combination with Brill renders obvious claims 1–4 and 6–36. Each ground fails.
`
`To start, the claims of the ’912 patent are entitled to a priority date at least as
`
`early as November 15, 2001, as already specifically found during reexamination,
`
`and so Talmon and Aspectus—neither of which can claim a date prior to 2003 or
`
`2004 under Petitioners’ own assertions—are not prior art. Pet. at 2–3. Regardless,
`
`Talmon does not anticipate or render obvious any claim of the ’912 patent, at least
`
`because it does not teach the critical element of “determin[ing] attributes
`
`independent of a selection of the first event,” a requirement of each of the
`
`independent claims. See, e.g., Ex. 1001, Claim 1. Instead, in Talmon, a central
`
`server that performs the alleged event determination instructs the camera encoders,
`
`which perform the attribute determination according to Petitioners, to look for
`
`
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`1
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`specific alleged attributes by identifying what data to look for and where to look for
`
`it.
`
`Neither Aspectus nor Brill remedies these deficiencies of Talmon, and
`
`Petitioners do not allege that they do. Aspectus, a short brochure describing an
`
`implementation of the Talmon system, contains the same deficiencies Talmon does.
`
`And Brill, which is cumulative to art already considered in the ’912 patent
`
`reexamination, does not teach determining attributes “independent” of event
`
`determination or event determination by “analyzing a combination of the received
`
`determined attributes” as required by the ’912 patent claims. Instead, Brill describes
`
`a system where the alleged attributed detection is necessarily based on a predefined
`
`list of events.
`
`In sum, Petitioners fail to demonstrate the alleged references are prior art or
`
`that they anticipate or render obvious the claims of the ’912 patent. Patent Owner
`
`therefore respectfully requests that the Board reject the Petition.
`
`II. BACKGROUND
`A. The ʼ912 Patent
`The ’912 patent teaches an improved video surveillance system that distills
`
`important information from video, determines events, and generates alarms. Ex.
`
`1001 at 2:41–53.
`
`
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`2
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`First, video cameras and other sensors (motion, biometric, RFID, etc.) provide
`
`the initial input data. See id. at 11:39–40, 12:5–6, 12:11–12. Second, a processor
`
`determines “observable attribute[s]” of video camera subjects. See gen. id. at 13:11–
`
`15:35. Algorithms detect people, vehicles, and other items, describe their attributes
`
`(e.g., color, texture, car make or model, human gender, race, stance, etc.), and
`
`determine spatial and temporal attributes (e.g. position, time present, motion and
`
`trajectory). See id. at 13:39–43. The resulting data are “video primitives”—detailed
`
`descriptions of the video data. See id. at 13:14–15. They are concise in
`
`representation, but comprehensive. See id. at 12:53–55. They “should also contain
`
`all relevant information from the video.” See id. at 12:61–63.
`
`Third, a processor evaluates video primitives to determine events that
`
`occurred in the original video data. See id. at 5:51–57. Real-time event detection
`
`might be accomplished via “filtering,” performed by “event discriminators,” user-
`
`defined rules which determine an event as a combination or interaction of multiple
`
`characteristic, spatial, or temporal attributes. See id. at 12:47–50; 15:49–55; 20:35–
`
`41. Event discriminators for filtering are defined in a process called “tasking.” Id.
`
`at 12:41–42.
`
`Without tasking, the “video surveillance system operates by detecting and
`
`archiving video primitives and associated video imagery without taking any action.”
`
`Id. at 12:42–45. The patent describes event detection as an analysis based upon
`
`
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`combinations of video primitives. Id. at 16:34–45. For example, for “Show me any
`
`red vehicle,” there are two parts: 1) an object classified as a vehicle; and 2) an object
`
`classified as mostly red. See id. at 16:50–54. Then, combinations of primitives are
`
`analyzed using an array of Boolean operators. See id. at 17:23–24. For example,
`
`“spatial” and “temporal modifier[s]” combine only attributes within a specified
`
`location or timespan, while “object modifier[s]” combine only attributes relating to
`
`specific observed objects. See id. at 17:25–46.
`
`Finally, the system may act in response to an event determination. See id. at
`
`20:53–54. The system may “activat[e] a visual and/or audio alert,” “lock[] a door,”
`
`“contact[] a security service,” or generate an “activity record.” See id. at 15:36–38,
`
`16:20, 20:61.
`
`B. Overview of the Claims of the ’912 Patent
`The ’912 patent recites five groups of claims based upon independent claims
`
`1, 6, 9, 12, and 18. Claim 1 recites a system, is similar to independent claims 23, 26,
`
`and 31, and is the basis for dependent claims 2 through 4. Claim 6 also recites a
`
`system, is similar to independent claims 24, 27, and 32, and is the basis for dependent
`
`claims 7 and 8. Claim 9 recites a method, is similar to independent claims 25, 28,
`
`and 33, and is the basis for dependent claims 10 and 11. Claim 12 also recites a
`
`method, is similar to independent claim 29, and is the basis for dependent claims 13
`
`through 17. Claim 18 recites a device, is similar to independent claim 30, and is the
`
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`basis for dependent claims 19 through 22. Claim 34 depends upon claim 23. Claim
`
`35 depends upon claim 24. Claim 36 depends upon claim 25.
`
`C. The Petition Proposes One Anticipation and Two Obviousness
`Challenges
`Axis proposes three grounds of unpatentability:
`
`Ground ’912 Patent
`Claims
`1–4, 6–36
`
`1
`
`1–4, 6–36
`
`2
`
`3
`
`
`
`Primary
`Reference
`U.S. Patent No.
`8,004,563 to Gad
`Talmon et al.
`(“Talmon,” Ex.
`1003)
`Talmon
`
`Type
`
`§ 102
`
`
`§ 103
`
`
`Secondary Reference
`
`
`N/A
`
`“Aspectus Video
`Intelligence VI-SystemTM”
`Brochure (“Aspectus,” Ex.
`1005)
`“Event Recognition and
`Reliability Improvements for
`the Autonomous Video
`Surveillance System” by
`Frank Brill et al. (“Brill,”
`Ex. 1004)
`
`1–4, 6–36
`
`§ 103 Talmon
`
`III. LEVEL OF ORDINARY SKILL
`
`Petitioners’ expert, Dr. Grindon, states a person of ordinary skill
`
`(“POSITA”) would have a Bachelor of Science in “electrical engineering,
`
`computer engineering, or computer science, with approximately two years of
`
`experience or research related to video processing and/or surveillance systems.”
`
`Ex. 1006 at ¶ 62. No explanation or factual basis is provided.
`
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`Petitioners’ level of skill is incorrect because it allows for experience in
`
`“video processing” or “surveillance systems,” but does not require both. The field
`
`of the ’912 patent, “Video Surveillance System[s],” relates to both “video
`
`processing” and “surveillance systems”—both are required. See Ex. 1001 at 1:1–
`
`2; see also id. at 5:9 (“the automatic video surveillance system of the invention”).
`
`Further, the ’912 patent indicates a POSITA would be familiar with image
`
`processing techniques such as “moving target detection,” “detecting and tracking
`
`humans,” “blob analysis for trucks, cars, and people,” and “motion-based
`
`segmentation” known at the time of the patent. See Ex. 1001 at 1:27–2:25.
`
`Thus, a POSITA regarding the ’912 patent would have (i) a Bachelor of
`
`Science degree in electrical engineering, computer engineering, or computer science
`
`with approximately two years of experience or research in the field of video
`
`surveillance systems or (ii) equivalent training and work experience in the field of
`
`video surveillance systems.
`
`IV. CLAIM CONSTRUCTION
`A.
`Single Processor Claims (Claims 6, 9, 12, 18, 24, 25, 27–30, 32, 33)1
`Petitioners argue that “[a]s each of the grounds presented herein provides a
`
`two-processor system, any argument by Patent Owner regarding single-processor
`
`
`1 Dependent claims 7, 8, 10, 11, 13–17, 19–22, 35, and 36 also require no second
`processor.
`
`
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`6
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`

`IPR2019-00236
`Patent Owner’s Preliminary Response
`systems [is] irrelevant.” Pet. at 10. Petitioners’ argument that each of the claims of
`
`the ’912 patent requires two processors is the basis of their argument that all claims
`
`are not owed the asserted priority date. They argue that the relevant application used
`
`for priority date does not disclose the claimed two processors, as discussed more
`
`fully in Section V.B.2 below.
`
`Petitioners are incorrect. Not all claims of the ’912 patent require two
`
`processors. Claim 6, for example, recites only the singular “a processor.” Ex. 1001,
`
`claim 6. Indeed, on the very page of the reexamination file history cited by
`
`Petitioners, the applicant stated: “In other words, systems, devices, and methods
`
`having or using (a) the separate attribute determination and event determination
`
`processors required by claims 1–4 or (b) a single processor that performs both the
`
`attribute determination and the event determination may fall within the scope of
`
`claims 6–22.” Ex. 1016 at 24–25; see generally id. at 24–27. Claims 24, 25, 27–
`
`30, 32, 33 and their respective dependent claims are structurally similar to at least
`
`one of claims 6–22 and do not require two processors either.
`
`Petitioners, acknowledging that the above claims do not recite two processors,
`
`argue that “Patent Owner has argued, however, that even when the claims do not
`
`recite two processors, they cover systems with two processors wherein one of the
`
`processors met the elements of these claims.” Pet at 10 (citing Ex. 1016 at 25). This
`
`does not address the issue and does not imply that two processors are required for
`
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`these claims. Even in Petitioners’ own hypothetical, “one of the processors met the
`
`elements of these claims.” That there could be other processors not precluded by
`
`the claims does not indicate that the claims require two processors nor that written
`
`description of two processors in the prior application is required to demonstrate
`
`priority date.
`
`Patent Owner proposes the Board follow the plain language of the claims to
`
`determine the number of processors recited in the various claims of the ’912 patent,
`
`which are as listed in this section.
`
`B.
`“Filtering” (Claims 23–25, 31–36)
`As explained by Patent Owner during the ’912 patent reexamination, filtering
`
`“is a particular technique for examining streamed video attributes to determine if
`
`certain rules have been satisfied.” Ex. 1016 at 73; Phillips v. AWH Corp., 415 F.3d
`
`1303, 1316 (Fed. Cir. 2005) (“the inventor’s lexicography governs”). Further,
`
`filtering “has the capability of processing unlimited/unbounded/infinite data
`
`streams . . . such as a real-time data stream.” Id. at 73, 74.
`
`The patent explains “event discriminators are used to filter the video
`
`primitives to determine if any event occurrences occurred.” Ex. 1001 at 20:39–41.
`
`This is consistent with the purpose of event discriminators. Without tasking,
`
`defining the event discriminators which filter attributes, the system does not
`
`automatically detect events. See id. at 12:40–45. The patent further explains that
`
`
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`8
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`during filtering,
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`the “system cannot fall behind”
`in operating on
`the
`
`“unlimited/unbounded/infinite data streams.” See id. at 12:59–60; Ex. 1016 at 73.
`
`Petitioners purport to propose the “plain meaning,” but then construe filtering
`
`as “to select, process, and/or analyze.” Pet. at 12. This overbroad meaning directly
`
`contradicts the patentee’s definition. Not all “selecting,” “processing,” or
`
`“analyzing” qualifies as filtering. Petitioners’ attempt to broaden the claim
`
`language, in an attempt to read it on their relied upon art which does not perform
`
`filtering, should be rejected.
`
`C.
`
`“analyzing a combination of the received determined attributes”
`or “wherein analyzing the combination of the received determined
`attributes comprises filtering” (Petitioners’ “Independence
`Argument (1)” Discussion) (Claims 1, 6, 8, 11, 12, 16, 18, 23–27,
`29–36)
`Petitioners’ “Independence Argument (1)” is an attempt to broadly construe
`
`the terms “analyzing a combination of the received determined attributes” or
`
`“wherein analyzing the combination of the received determined attributes comprises
`
`filtering” so they improperly encompass the asserted prior art. See id. at 13.
`
`The “analyzing” term should be given its plain meaning. The “filtering” term
`
`should be construed as explained above.
`
`Petitioners contend that “a POSITA would understand the claimed ‘analyzing’
`
`or ‘filtering’ would encompass any process for determining the collected attributes
`
`satisfy an event discriminator, e.g., querying a database.” Id. at 13–14 (emphasis
`
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`added).2 Petitioners are incorrect because merely querying a database is not
`
`sufficient to disclose either filtering or analyzing as used in the claims.
`
`As above, filtering, consistent with the claims, specification, prosecution, and
`
`reexamination does not encompass “any process,” nor does it cover querying a
`
`database. When data is stored in a database and the database is then queried, the
`
`system does not have “the capability of processing unlimited/unbounded/infinite
`
`data streams . . . such as a real-time data stream,” because it is operating on discrete,
`
`stored units of data. See Ex. 1016 at 73–74; Ex. 1001 at 16:36 (“flexible queries on
`
`stored data of various types”). Although the ’912 patent does disclose retrieving
`
`data from a database, that is a separate embodiment from the “filtering” embodiment.
`
`See Ex. 1001 at 20:33–41 (“if the system is to be used only for real-time event
`
`detection, the archiving step can be skipped”).
`
`Additionally, the “analyzing” term is not disclosed by querying. Analysis to
`
`determine an event is more than mere data retrieval. Claim 1 recites “analyzing a
`
`combination of the received determined attributes.” Ex. 1001, claim 1. As Patent
`
`Owner argued in the ’912 patent reexamination, “the ’912 patent teaches that
`
`multiple detected attributes are to be examined and then, based upon such attributes,
`
`a decision is made as to whether or not certain events occurred.” See Ex. 1016 at
`
`
`2 All emphasis added throughout unless noted.
`
`
`
`10
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`18; Ex. 1001, claim 1. Indeed, one embodiment employs Boolean operators to
`
`evaluate the results of attribute queries. See Ex. 1001 at 17:23–55; id. at 15:52–54
`
`(describing event discriminators as describing an “interaction” between a
`
`“combination of one or more objects” and “one or more spatial areas”). This active
`
`evaluation of attributes cannot be satisfied merely by retrieving results from a
`
`database.
`
`Petitioner’s construction is also inapplicable to the numerous contexts in
`
`which the term “analyzes” is used in the specification. See, e.g., Ex. 1001 at 5:15
`
`(“analyzing video data”), at 5:54–55 (“inference analysis based on previously
`
`recorded video primitives”), at 6:27 (“video content analysis”), at 7:18 (“housing the
`
`analysis component”), at 8:7–9 (“video primitives and video can be stored in a
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`storage device on the back-end platform (2313) for later analysis”). Petitioners’
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`construction should be rejected for this additional reason, and the term should be
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`given its plain meaning.
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`D.
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`“Event” (Petitioners’ “Independence Argument (3)”) (Claims 1, 3,
`4, 6, 8, 9, 11, 12, 16–18, 22–36)
`As explicitly defined in the specification, “[a]n ‘event’ refers to one or more
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`objects engaged in an activity.” Ex. 1001 at 3:44–45.3 Petitioners, however, propose
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`3 Petitioners agreed with this construction in the Petition for Axis Comm’ns v.
`Avigilon Fortress Corp., IPR2018-00138 regarding a child patent of the ’912
`patent. There, U.S. Patent 8,564,661 defined an event as “one or more objects
`engaged in an activity” and Petitioners adopted that construction. See IPR2018-
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`Patent Owner’s Preliminary Response
`an “event comprise[s] a minimum of two attributes.” See Pet. at 15. The case law is
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`unambiguous that an applicant’s explicit definition governs. Phillips, 415 F.3d at
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`1316 (“the inventor’s lexicography governs”). Petitioners’ proposed construction
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`should be rejected in favor of the applicant’s definition.
`
`E.
`
`“Independent” (Petitioners’ “Independence Argument (2)”)
`(Claims 1, 6, 9, 15, 18, 23–28, 30–33)
`Certain of the ’912 patent claims recites a “first processor [which] determines
`
`attributes independent of a selection of a first event by the second processor.” See,
`
`e.g., Ex. 1001, claim 1. Independent means the attributes are detected without regard
`
`to or knowledge of events or selection of events.
`
`In the Axis Comm’ns v. Avigilon Fortress Corp., IPR2018-00138 and
`
`IPR2018-00140 institution decisions, the Board construed the “independent” term
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`in the claims of the related U.S. Patent 8,564,661 (“the ’661 patent”) (Ex. 1035) as
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`meaning that “attributes are detected without regard to or knowledge of events.” 4
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`IPR2018-00138, Paper No. 8 at 10; IPR2018-00140, Paper No. 8 at 10. The Board
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`drew this conclusion for two reasons. First, the ’661 patent “describe[d] two
`
`
`00138, Petition at 14 (“an ‘event’ should be construed as ‘one or more objects
`engaged in an activity.”); see also Ex. 1001 at 3:44–45 (“An ‘event’ refers to one
`or more objects engaged in an activity.”).
`4 Although the claims of the ’912 and ’661 patent contain some differences, and
`there is no terminal disclaimer from one patent to the other, the Board’s
`construction of the “independent” term should also apply in this proceeding, as
`described and modified below.
`
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`Patent Owner’s Preliminary Response
`different and distinct steps of detecting attributes and tasking event discriminators.”
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`Id. (citing ’661 patent at 16:24–30). Second, the patent explained “detecting video
`
`primitives or attributes may be performed without tasking any event discriminators.”
`
`Id. (citing ’661 patent at 16:24–30). These reasons also apply to the ’912 patent,
`
`which contain the same specification statements, “[t]asking the video surveillance
`
`system involves specifying one or more event discriminators. Without tasking, the
`
`video surveillance system operates by detecting and archiving video primitives and
`
`associated video imagery without taking any action.” Compare Ex. 1001 at 12:41–
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`45 with Ex. 1035 at 16:24–30. Thus, without tasking particular event determination,
`
`the attribute detection process still operates to independently detect the attributes.
`
`The ’912 patent further explains “video primitives should also contain all relevant
`
`information from the video, since at the time of extracting the video primitives, the
`
`user-defined rules are not known to the system.” Ex. 1001 at 12:61–65.
`
`Additionally, as Patent Owner’s expert during the ’912 patent reexamination,
`
`Dr. Zeger, explained, “the choice of which attributes the system is configured to
`
`detect is not dictated/determined by which events the system might be later tasked
`
`to identify.” See Ex. 2004 at ¶ 34.
`
`Patent Owner proposes a slight alteration to the construction the Board
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`adopted, appending the phrase “or selection of events.” This adds an important point
`
`consistent with the claim language, because not only are “attributes detected without
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`IPR2019-00236
`Patent Owner’s Preliminary Response
`regard to or knowledge of events,” but also without regard to or knowledge of the
`
`process of selecting the event. See Paper No. 8, IPR2018-00138, at 10; Paper No.
`
`8, IPR2018-00140, at 10; Ex. 1001, claim 1 (“determin[ing] attributes independent
`
`of a selection of a first event”). Thus, “independent” means the attributes are
`
`detected without regard to or knowledge of events or selection of events.
`
`Petitioners propose a variety of constructions, none of which is correct. First,
`
`Petitioners propose
`
`the
`
`term
`
`should “be understood
`
`to
`
`require
`
`the
`
`detection/determination of attributes be independent from, i.e., not affected by, the
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`selected event.” Pet. at 16. Then Petitioners propose “the definition of the event
`
`does not alter the attributes that are collected.” Id. at 17. Then again, Petitioners
`
`propose “this limitation merely requires that the event detection/determination
`
`process does not alter the attribute detection/determination process.” Id. The
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`subjects of Petitioners’ constructions alternate between the “attributes” and “the
`
`attribute detection/determination process” and the “event,” “definition of the event,”
`
`and the “event detection/determination process.” See id. Thus, Petitioners’ proposal
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`should be rejected.
`
`F.
`“Analyzing only the attributes” (Claims 3, 8, 11)
`“Analyzing only the attributes” should be interpreted according to its plain
`
`meaning. Petitioners seek to construe this term as “only exclude[ing] systems that
`
`require every query to analyze abstractions.” Pet. at 21–22. Thus, Petitioners believe
`
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`Patent Owner’s Preliminary Response
`“[s]ystems that allow detection of an event by applying the query to only the
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`attributes themselves, however, are encompassed by these claims.” Id. at 22. That
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`argument is incorrect because the claimed system or method must always analyze
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`“only the attributes transferred by the communications link.” Cf. Net MoneyIN v.
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`VeriSign, 545 F.3d 1359, 1369 (Fed. Cir. 2008) (“the prior art reference—in order
`
`to anticipate under 35 U.S.C. § 102—must not only disclose all elements of the claim
`
`within the four corners of the docume