throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Byron Hourmand
`In re Patent of:
`5,796,183 Attorney Docket No.: 39521-0062IP3
`U.S. Patent No.:
`August 18, 1998
`
`Issue Date:
`Appl. Serial No.: 08/601,268
`
`Filing Date:
`January 31, 1996
`
`Title:
`CAPACITIVE RESPONSIVE ELECTRONIC SWITCHING
`CIRCUIT
`
`
`
`DECLARATION OF DR. PHILLIP WRIGHT
`
`1. My name is Dr. Phillip Wright. I am a Managing Director and Chief
`
`Analyst at WRT Associates. My current curriculum vitae is attached and some
`
`highlights follow.
`
`2.
`
`I received a Bachelor of Science in Engineering from Purdue
`
`University in 1972. I received a Master of Science in Electrical Engineering from
`
`the University of Illinois at Urbana Champaign in 1975. I received a Ph.D in
`
`Electrical Engineering from the University of Illinois at Urbana Champaign, IL in
`
`1977.
`
`3.
`
`Since completing my graduate studies, I have worked at Fortune 500
`
`and start-up companies on semiconductor, electronic, optical, information display
`
`and optoelectronic technology development. I have contributed to several
`
`industries including communications, consumer electronics, mobile handsets,
`
`displays, engineering services and defense electronics.
`
`1
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`APPLE 1003
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`

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`4.
`
`As a manager, I have led project teams that were granted more than 50
`
`issued U.S. patents and related foreign filings. I have contributed as an inventor to
`
`16 issued U.S. patents.
`
`5.
`
`From 1977 to 1979, I was an engineer at Varian Associates, a Palo
`
`Alto, CA based company that developed, manufactured and sold semiconductor
`
`devices, high vacuum material processing equipment, semiconductor processing
`
`equipment, and medical diagnostic equipment among other products. My
`
`significant projects included research on crystal growth of semiconductor materials
`
`for light emitting diodes (LEDs) and semiconductor lasers.
`
`6.
`
`From 1979-1984, I held positions as a member of technical staff and
`
`supervisor at Bell Telephone Laboratories, a Murray Hill, NJ company that was the
`
`research arm of the Bell System and the American Telephone and Telegraph
`
`Company (AT&T). In 1984, I was a district research manager of the newly formed
`
`Bell Communications Research (Bellcore). My significant projects included
`
`research and development of laser designs and fabrication processes for high
`
`reliability semiconductor lasers used in the first transatlantic optical
`
`communication system.
`
`7.
`
`From 1984-1987, I was a founder and manager of Lytel Incorporated,
`
`a Branchburg, NJ firm that developed, manufactured and sold optoelectronic
`
`devices and modules for optical communications systems.
`
`2
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`

`

`8.
`
`From 1987-1990, I was a manager at Ford Microelectronics, Inc., a
`
`Colorado Springs, CO company that designed electronic engine controllers for the
`
`parent Ford Motor Company and conducted independent research and development
`
`on behalf of Ford Aerospace Corporation. My significant projects included
`
`development of integrated circuit (IC) technology with performance at frequencies
`
`up to 80 GHz and analysis of the influence of transistor design parameters on
`
`device performance resulting in improved understanding and achievement of
`
`device performance at frequencies greater than 100 GHz.
`
`9.
`
`From 1990-1993, I was the founder, president, and general manager at
`
`Martin Kestrel Company, Inc., a Colorado Springs, CO company providing device
`
`oriented semiconductor material evaluation services to the global epitaxial
`
`semiconductor material industry.
`
`10. From 1993-1998, I was a manager at Motorola in Tempe, AZ. I
`
`helped establish the Displays Division of the Consumers Systems Group. The
`
`Displays Division was formed to market and manufacture low power, high
`
`information content displays for portable products such as mobile phone handsets
`
`and digital cameras. While at Motorola, I led technology development for a new
`
`display business based on miniature light emitting diode array displays, and liquid
`
`crystal displays on silicon, combined with magnifying injection molded plastic
`
`optics yielding a low cost, low power, high information content display for
`
`3
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`

`

`portable products. I established an optical design group for lens and
`
`optomechanical system design, and managed an interdisciplinary team of engineers
`
`and scientists with expertise in optics, optoelectronics, electronic system design,
`
`display technology, display human factors, and portable product user-interface
`
`design. I managed product and technology development, evaluated technology
`
`alternatives and business alliances, and partnered with customers and suppliers to
`
`bring the Motorola VirtuoVueTM display to market. I engaged in an early
`
`customer partnership with Gemplus (La Ciotat, France) that delivered the
`
`SmartVue card reader and won an Innovation Award at the international smart card
`
`exhibit. I established a business alliance with Kopin Corporation to manufacture
`
`and market low cost color display products. I identified and engaged with a wide
`
`range of critical display customers and product definers including Microsoft,
`
`Philips, Nextel, AT&T, Telcordia, DARPA, and the Motorola equipment divisions.
`
`I established key vendor relationships and negotiated supply agreements for
`
`injection molded plastic diffractive optics with Kodak, Polaroid, and Donnelly
`
`Corporation. I initiated a program for display applications research and rapid
`
`prototyping. This effort delivered several new product prototypes including
`
`wireless email and internet browsers, cell phones with color graphical user
`
`interfaces, and a visual communicator mobile handset integrating a digital cell
`
`4
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`

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`phone with a color display, and a color CMOS VGA resolution digital camera
`
`system for wireless image transfer using packet data services.
`
`11.
`
`In 1999, I was director, development engineering at AMP
`
`Incorporated in Harrisburg, PA, which was acquired that year by Tyco Electronics.
`
`At AMP, I managed a staff of 30 engineers and technicians at two locations
`
`responsible for product development of optoelectronic components, packaging, and
`
`transceivers for optical data communications.
`
`12. From 2000-2001, I was project director, Corning Inc., Corning, NY.
`
`At Corning, I directed a fast track optical switch project with an annual operating
`
`budget of $140 million working with geographically dispersed project teams at six
`
`locations in the US and Europe.
`
`13. Beginning in 2002, I commenced work as an independent consultant.
`
`My significant consulting engagements involved business development and
`
`commercialization of new products such as printed wiring boards with embedded
`
`optical waveguides, and business development for a company establishing a new
`
`high technology facility in the United Kingdom to provide leased manufacturing
`
`facilities and new business incubation. I also provided market research and
`
`international outreach services for the Optoelectronics Industry Development
`
`Association (OIDA).
`
`5
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`

`

`14.
`
`In 2007, I founded WRT Associates LLC to formalize and expand my
`
`consulting practice. Presently I am the founder, managing director, and chief
`
`analyst of WRT Associates in Fort Collins, Colorado.
`
`15. My ongoing consulting engagements have included projects involving
`
`printed light emitting diodes for general illumination applications, optical
`
`characteristics of metal mesh touch sensors for mobile device displays,
`
`semiconductor laser devices for projection displays, as well as patent analysis and
`
`patent litigation engagements involving mobile handset technologies, touch
`
`sensors, touch screen displays, touch-based user interfaces for mobile devices,
`
`substrates, materials, design and fabrication of light emitting diodes used for
`
`general illumination and display backlighting, electronic lighting control systems,
`
`and dimmable LED lighting fixtures.
`
`16.
`
`I provide technical consulting and market analysis for new and
`
`emerging high technologies including optoelectronics, optics, high brightness light
`
`emitting diodes (HBLEDs), Organic LEDs (OLEDs), solid state lighting (SSL),
`
`displays, display applications, touch sensors, wireless handsets, mobile devices,
`
`user interfaces, wireless device applications of optoelectronics, and semiconductor
`
`materials and devices. Engagements include technical consulting, intellectual
`
`property assessment, and expert testimony in litigations.
`
`6
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`

`

`17.
`
`I am a Life Senior Member of the Institute of Electrical and Electronic
`
`Engineers (IEEE) and the author or coauthor of numerous peer reviewed technical
`
`articles. I have authored industry reports, made presentations at leading
`
`international conferences on subjects including the future of interactive displays
`
`and display technologies for mobile devices, and have contributed editorial content
`
`for Insight Media and Display Daily covering information displays, input output
`
`device technologies, user interface advances, and new mobile device technologies.
`
`18. My over forty years of professional experience with electrical
`
`engineering and design, as well as my educational background, are summarized in
`
`more detail in my curriculum vitae.
`
`19.
`
`In writing this Declaration, I have considered the following: my own
`
`knowledge and experience, including my work experience in the above fields; and
`
`my experience in working with others involved in those fields.
`
`20.
`
`I have been retained on behalf of Apple Inc. to offer technical
`
`opinions relating to U.S. Patent No. 5,796,183 (“the ’183 Patent” or APPLE-1001),
`
`and prior art references relating to its subject matter. I have reviewed the ’183
`
`Patent and relevant excerpts of the prosecution history of the ’183 Patent (“the
`
`Prosecution History” or APPLE-1002). Additionally, I have reviewed the
`
`following:
`
` U.S. Patent No. 5,572,205 to Caldwell (“Caldwell”) (APPLE-1004)
`
`7
`
`

`

` U.S. Patent No. 4,561,002 to Chiu (“Chiu”) (APPLE-1005)
`
` U.S. Patent No. 4,560,954 to Leach (“Leach”) (APPLE-1008)
`
` U.S. Patent No. 4,878,107 to Hopper (“Hopper”) (APPLE-1009)
`
` U.S. Patent No. 5,341,036 to Wheeler (“Wheeler”) (APPLE-1010)
`
` U.S. Patent No. 4,237,421 to Waldron (“Waldron”) (APPLE-1011)
`
` U.S. Patent No. 5,650,597 to Redmayne (“Redmayne”) (APPLE-1012)
`
` U.S. Patent No. 4,922,061 to Meadows (“Meadows”) (APPLE-1013)
`
` U.S. Patent No. 4,418,333 to Schwarzbach (“Schwarzbach”) (APPLE-1014)
`
` U.S. Patent No. 4,293,734 to Pepper (“Pepper”) (APPLE-1015)
`
` U.S. Patent No. 4,731,548 to Ingraham (“Ingraham ’548”) (APPLE-1016)
`
` U.S. Patent No. 4,758,735 to Ingraham (“Ingraham ’735”) (APPLE-1017)
`
` U.S. Patent No. 5,189,417 to Caldwell (“Caldwell ’417”) (APPLE-1018)
`
` U.S. Patent No. 4,308,443 to Tucker (“Tucker”) (APPLE-1019)
`
` U.S. Patent No. 4,290,061 to Serrano (“Serrano”) (APPLE-1020)
`
` U.S. Patent No. 4,845,630 to Stephens (“Stephens”) (APPLE-1021)
`
` U.S. Patent No. 5,048,019 to Albertsen (“Albertsen”) (APPLE-1022)
`
` U.S. Patent No. 5,632,039 to Walker (“Walker”) (APPLE-1023)
`
` U.S. Patent No. 5,508,653 to Chu (“Chu”) (APPLE-1024)
`
` U.S. Patent No. 5,087,825 to Ingraham (“Ingraham ’825”) (APPLE-1025)
`
` U.S. Patent No. 4,649,323 to Pearlman (“Pearlman”) (APPLE-1026)
`
`8
`
`

`

` U.S. Patent No. 5,311,392 to Kinney (“Kinney”) (APPLE-1027)
`
` U.S. Patent No. 4,707,852 to Jahr (“Jahr”) (APPLE-1028)
`
` U.S. Patent No. 5,638,444 to Chou (“Chou”) (APPLE-1029)
`
` U.S. Patent No. 5,063,383 to Bobba (“Bobba”) (APPLE-1030)
`
` U.S. Patent No. 4,903,251 to Chapman (“Chapman”) (APPLE-1031)
`
`21. Counsel has informed me that I should consider these materials
`
`through the lens of a person having ordinary skill in the art related to the ’183
`
`Patent at the time of the earliest purported priority date of the ’183 Patent, and I
`
`have done so during my review of these materials. I understand issued on August
`
`18, 1998 from U.S. Patent Application No. 08/601,268 (“the ’268 application”),
`
`filed January 31, 1996. See APPLE-1002. There is no claim to an earlier priority
`
`application. It is therefore my understanding that the earliest priority date
`
`purported by the ’183 patent is January 31, 1996 (hereinafter the “Critical Date”).
`
`22. A person of ordinary skill in the art as of the Critical Date of the ’183
`
`patent (hereinafter a “POSITA”) would have had at least a Bachelor of Science
`
`degree in electrical engineering or a related technical field, and two or more years
`
`of experience in electrical circuits and sensor systems. APPLE-1001,
`
`(Background).
`
`23.
`
`I am familiar with the knowledge and capabilities of a POSITA as
`
`noted above. Specifically, my experience working with industry, undergraduate
`
`9
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`

`

`and post-graduate students, and designers and engineers practicing in industry has
`
`allowed me to become directly and personally familiar with the level of skill of
`
`individuals and the general state of the art.
`
`24.
`
`I have no financial interest in either party or in the outcome of this
`
`proceeding. I am being compensated for my work as an expert on an hourly basis,
`
`for all tasks involved. My compensation is not dependent in any manner on the
`
`outcome of these proceedings or on the content of my opinions.
`
`25. My opinions, as explained below, are based on my education,
`
`experience, and background in the fields discussed above. Unless otherwise stated,
`
`my testimony below refers to the knowledge of a POSITA in the fields as of the
`
`Critical Date.
`
`26. This declaration is organized as follows:
`
`I. 
`Technological Overview ................................................................................ 10 
`II. 
`Brief Overview of the ’183 Patent ................................................................. 15 
`III.  Legal Standards for Prior Art ........................................................................ 16 
`IV.  Claim Construction ........................................................................................ 22 
`V. 
`Prior Art ......................................................................................................... 26 
`VI.  Conclusion ..................................................................................................... 87 
`
`
`I.
`
`Technological Overview
`27. A capacitor can be thought of as, and is often constructed of, two
`
`parallel electrically conducting metal plates (or electrodes) each of area, A, with a
`
`10
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`

`

`non-conducting dielectric material with relative dielectric constant, εr , located
`
`between the plates which are spaced apart a distance, d.
`
`
`
`
`
`Figure 1. Physical example of a parallel plate capacitor and lumped circuit
`element equivalent circuit of a parallel plate capacitor.
`
`
`
`28. The capacitance, C, of the parallel plate capacitor in units of farads is
`
`given in Fig. 1 as a function of the area, A, and spacing, d, of the parallel plates,
`
`where εo is the permittivity constant of free space, and εr is the relative dielectric
`
`constant of the dielectric material between the metal plates.
`
`11
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`

`

`29.
`
`In electrical science and engineering we are concerned with
`
`characterizing circuit elements in terms of physical quantities which can be
`
`measured externally. For example, we can characterize two lumped circuit
`
`elements, a linear resistor with resistance, R, and a linear capacitor with
`
`capacitance, C, in terms of the measurable independently variable physical
`
`quantities voltage, v, current, i, and charge, q, as illustrated in Fig. 2.
`
`Figure 2. Lumped circuit element linear resistor and linear capacitor
`representations defining the resistance, R, capacitance, C, and the measureable
`independently variable physical quantities voltage, v, current, i, and charge, q, and
`
`
`
`12
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`

`

`the analytical and graphical relationships between voltage and current for a
`resistor, R, and charge and voltage for a capacitor, C.
`
`
`
`30. As illustrated in Fig. 2, a linear resistor can be described analytically
`
`by v=iR and a linear capacitor can be described analytically by q=Cv. To find the
`
`current flowing in the capacitor of capacitance, C, we use the definition of current
`
`as the rate of flow of charge and substitute q=Cv, the charge-voltage relationship
`
`for the capacitor, which yields:
`
`31. The principle of capacitance touch sensing can be considered and
`
`analyzed as illustrated in Fig. 3.
`
`
`
`13
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`

`

`
`
`Figure 3. Illustration and analysis of a capacitor used as a touch sensor.
`
`32. When a finger or other conductive object approaches in proximity to,
`
`or is present on, the surface of the touch sensor, an additional capacitor to ground
`
`with capacitance, Cf, representing the self-capacitance of the human body is
`
`connected in electrical parallel with the parallel plate capacitor with capacitance Cp
`
`resulting in a larger total capacitance totaling Cp + Cf.
`
`33. Various touch electrode designs, and electronic circuit topologies,
`
`designs and approaches can be employed to implement a capacitance touch sensor
`
`based on the physical principles illustrated in Fig. 3. In each capacitance touch
`
`sensor electronic circuit approach, changes over time in the measurable physical
`
`14
`
`

`

`quantities of voltage and current in the electronic circuit corresponding to the
`
`finger touch can be used to perform a switch closure operation thus acting as a
`
`non-mechanical electronic switch key. In similar fashion, an array of multiple
`
`such capacitance sensors can be used to implement multiple independent switches
`
`or a keypad, sliding switches, or x-y position touch sensors. In each case, and in
`
`each electronic circuit approach, changes over time in the measurable physical
`
`quantities of voltage and current are used to enable switch closure or position
`
`reporting functions.
`
`II. Brief Overview of the ’183 Patent
`34. The ’183 patent relates to a capacitive responsive electronic switching
`
`circuit. APPLE-1001, Abstract. Figure 4 of the ’183 patent depicts “a block
`
`diagram of a capacitive responsive electronic switching circuit.” APPLE-1001,
`
`7:22-24. As shown below, the circuit includes an oscillator 200 (shown in blue
`
`below) providing a periodic output signal, an input touch terminal 450 (green) for
`
`an operator to provide an input by proximity or touch, and a touch circuit 400
`
`(orange) that provides a detection signal to a microcontroller 500 (yellow)that
`
`receives the output signal from the oscillator. Id., FIG. 4, 12:6-28:
`
`15
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`

`

`APPLE-1001, Detail of FIG. 4 (annotated)
`
`
`
`III. Legal Standards for Prior Art
`35.
`In view that I am not an attorney, my understanding of the legal
`
`standards throughout this section are based on discussion with petitioner’s counsel
`
`and experience in prior patent cases.
`
`36.
`
`I understand that a patent or other publication must first qualify as
`
`prior art before it can be used to invalidate a patent claim. I understand further that
`
`changes to what constitutes prior art that were introduced by the America Invents
`
`Act do not apply to the ’183 Patent, thus those changes have not been considered
`
`here.
`
`16
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`

`

`37.
`
`I understand that a U.S. or foreign patent qualifies as prior art to an
`
`asserted patent if the date of issuance of the patent is prior to the invention of the
`
`asserted patent. I further understand from petitioner's counsel that a printed
`
`publication, such as an article published in a journal, magazine or trade
`
`publication, or a publication of a patent application, qualifies as prior art to an
`
`asserted patent if the date of publication is prior to the invention of the asserted
`
`patent.
`
`38.
`
`I understand that a U.S. or foreign patent also qualifies as prior art to
`
`an asserted patent if the date of issuance of the patent is more than one year before
`
`the filing date of the asserted patent. I further understand that a printed
`
`publication, such as an article published in a magazine or trade publication, or a
`
`publication of a patent application, constitutes prior art to an asserted patent if the
`
`publication occurs more than one year before the effective filing date of the
`
`asserted patent.
`
`39.
`
`I understand that a U.S. patent further qualifies as prior art to the
`
`asserted patent if the application for that patent was filed in the United States
`
`before the invention of the asserted patent.
`
`A. Legal Standards for Anticipation
`I understand that patents or printed publications that qualify as prior
`
`40.
`
`art can be used to invalidate a patent claim as anticipated or as obvious.
`
`17
`
`

`

`41.
`
`I understand that, once the claims of a patent have been properly
`
`construed, the second step in determining anticipation of a patent claim requires a
`
`comparison of the properly construed claim language to the prior art on a
`
`limitation-by-limitation basis.
`
`42.
`
`I understand that a prior art reference “anticipates” an asserted claim,
`
`and thus renders the claim invalid, if all limitations of the claim are disclosed in
`
`that prior art reference, either explicitly or inherently (i.e., necessarily present).
`
`43.
`
`I understand that anticipation in an inter partes review must be proven
`
`by a preponderance of the evidence.
`
`B.
`Legal Standards for Obviousness
`I understand that even if a patent is not anticipated, it is still invalid if
`
`44.
`
`the differences between the claimed subject matter and the prior art are such that
`
`the subject matter as a whole would have been obvious at the time the invention
`
`was made to a POSITA.
`
`45.
`
`I understand that a POSITA provides a reference point from which the
`
`prior art and claimed invention should be viewed. This reference point is applied
`
`instead of someone using his or her own insight or hindsight in deciding whether a
`
`claim is obvious.
`
`46.
`
`I also understand that an obviousness determination includes the
`
`consideration of various factors such as: (1) the scope and content of the prior art,
`
`18
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`

`

`(2) the differences between the prior art and the asserted claims, (3) the level of
`
`ordinary skill in the pertinent art, and (4) the existence of secondary considerations
`
`such as commercial success, long-felt but unresolved needs, failure of others, etc.
`
`47.
`
`I understand that an obviousness evaluation can be based on a
`
`combination of multiple prior art references. I understand that the prior art
`
`references themselves may provide a suggestion, motivation, or reason to combine,
`
`but other times the linkage between two or more prior art references is common
`
`sense. I further understand that obviousness analysis recognizes that market
`
`demand, rather than scientific literature, often drives innovation, and that a
`
`motivation to combine references may be supplied by the direction of the
`
`marketplace.
`
`48.
`
`I understand that if a technique has been used to improve one device,
`
`and a POSITA would recognize that it would improve similar devices in the same
`
`way, using the technique is obvious unless its actual application is beyond his or
`
`her skill.
`
`49.
`
`I also understand that practical and common sense considerations
`
`should guide a proper obviousness analysis, because familiar items may have
`
`obvious uses beyond their primary purposes. I further understand that a POSITA
`
`looking to overcome a problem through invention will often be able to fit together
`
`the teachings of multiple publications. I understand that obviousness analysis
`
`19
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`

`

`therefore takes into account the inferences and creative steps that a POSITA would
`
`employ under the circumstances.
`
`50.
`
`I understand that a particular combination may be proven obvious
`
`merely by showing that it was obvious to try the combination. For example, when
`
`there is a design need or market pressure to solve a problem and there are a finite
`
`number of identified, predictable solutions, a POSITA has good reason to pursue
`
`the known options within his or her technical grasp because the result is likely the
`
`product not of innovation but of ordinary skill and common sense.
`
`51. The combination of familiar elements according to known methods is
`
`likely to be obvious when it does no more than yield predictable results. When a
`
`work is available in one field of endeavor, design incentives and other market
`
`forces can prompt variations of it, either in the same field or a different one. If a
`
`POSITA can implement a predictable variation, the patent claim is likely obvious.
`
`52.
`
`It is further my understanding that a proper obviousness analysis
`
`focuses on what was known or obvious to a POSITA, not just the patentee.
`
`Accordingly, I understand that any need or problem known to those of ordinary
`
`skill in the field of endeavor at the time of invention and addressed by the patent
`
`can provide a reason for combining the elements in the manner claimed.
`
`53.
`
`I understand that a claim can be obvious in light of a single reference,
`
`without the need to combine references, if the elements of the claim that are not
`
`20
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`

`

`found explicitly or inherently in the reference can be supplied by the common
`
`sense of one of ordinary skill in the art.
`
`54.
`
`I understand that secondary indicia of non-obviousness may include
`
`(1) a long felt but unmet need in the prior art that was satisfied by the invention of
`
`the patent; (2) commercial success of processes covered by the patent; (3)
`
`unexpected results achieved by the invention; (4) praise of the invention by others
`
`skilled in the art; (5) taking of licenses under the patent by others; (6) deliberate
`
`copying of the invention; (7) failure of others to find a solution to the long felt
`
`need; and (8) skepticism by experts. I understand that evidence of secondary
`
`indicia of non-obviousness, if available, should be considered as part of the
`
`obviousness analysis.
`
`55.
`
`I also understand that there must be a relationship between any such
`
`secondary considerations and the invention. I further understand that
`
`contemporaneous and independent invention by others is a secondary consideration
`
`supporting an obviousness determination.
`
`56.
`
`In sum, my understanding is that prior art teachings are properly
`
`combined where a POSITA having the understanding and knowledge reflected in
`
`the prior art and motivated by the general problem facing the inventor, would have
`
`been led to make the combination of elements recited in the claims. Under this
`
`analysis, the prior art references themselves, or any need or problem known in the
`
`21
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`

`

`field of endeavor at the time of the invention, can provide a reason for combining
`
`the elements of multiple prior art references in the claimed manner.
`
`IV. Claim Construction
`57.
`I have been informed by counsel that, in the present IPR, the claims of
`
`the ’183 patent claims are properly construed under the standard set forth by the
`
`Federal Circuit in Phillips v. AWH. The sections below discuss the meaning of
`
`various terms of the claims of the ’183 patent under this standard.
`
`A.
`“providing signal output frequencies” (claims 61, 94)
`58. Claim 61 recites “the microcontroller selectively providing signal
`
`output frequencies to a plurality of small sized input touch terminals of a keypad.”
`
`Claim 66, which depends from 61, states that “each signal output frequency
`
`selectively provided to each row of the plurality of small sized input touch
`
`terminals of the keypad has a same hertz value.” Because it is a dependent claim,
`
`claim 66 further limits the claim from which it depends and independent claim 61
`
`must be interpreted to encompass the scope of claim 66. Thus, “providing signal
`
`output frequencies” in claim 61 must be interpreted to encompass the situation
`
`where “each signal output frequency” of the provided signal output frequencies
`
`“has the same hertz value.” 37 C.F.R. 1.75(c).
`
`59.
`
`In addition, a POSITA would have understood that two frequencies
`
`that have “the same hertz value” are the same frequency. Thus, the claimed
`
`22
`
`

`

`“signal output frequencies” can be the same, and need not be different frequencies.
`
`Id.
`
`60. Similarly, claim 67 which depends from claim 61, states that “each
`
`signal output frequency selectively provided to each row of the plurality of small
`
`sized input touch terminals of the keypad is selected from a plurality of hertz
`
`values.” Thus, “providing signal output frequencies” in claim 61 must also be
`
`interpreted to encompass selection of each frequency from a plurality of hertz
`
`values.
`
`61. As claims 66 and 67 confirm, the limitation “providing signal output
`
`frequencies” in claim 61 should be construed to include “providing signal output
`
`frequencies, wherein each signal output frequency has a same hertz value or is
`
`selected from a plurality of hertz values.”
`
`62. Claim 94 also recites “providing signal output frequencies.” Because
`
`there is no indication that this identical claim language should have a different
`
`meaning in these claims, “providing signal output frequencies” in claim 94 should
`
`be construed consistent with the identical language in claim 61. Pods, Inc. v. Porta
`
`Stor, Inc., 484 F. 3d 1359 (Fed. Cir. 2007).
`
`B.
`“supply voltage” (claims 61, 94)
`63. Claims 61 and 94 recite “wherein a peak voltage of the signal output
`
`frequencies is greater than a supply voltage.” The recitation of “a supply voltage”
`
`23
`
`

`

`in these claims is properly construed to be a supply voltage of the microcontroller,
`
`as opposed to a supply voltage for another component in the touch circuit.
`
`64. The placement of the term within a wherein clause describing the
`
`microcontroller supports this interpretation. APPLE-1001, claims 61, 94. In
`
`addition, the supply voltage being compared to the “signal output frequencies”
`
`provided by the microcontroller in claims 61 and 94 is indicative that the recited
`
`supply voltage is a supply voltage of the microcontroller. APPLE-1001, claim 94.
`
`65.
`
`In the previous IPR, the Board determined: “based on the context of
`
`the supply voltage limitations in [claims 61 and 94], that one of ordinary skill in
`
`the art would understand the term ‘supply voltage’ as referring to a supply voltage
`
`of the claimed microcontroller.” Samsung v. UUSI, IPR2016-00908, Paper 12, 10.
`
`The Board found that the term’s inclusion within a claim limitation reciting “a
`
`microcontroller” meant that the recited “supply voltage” referred to a supply
`
`voltage of the microcontroller rather than to some other circuit component (such as
`
`the oscillator). Id.
`
`66. Accordingly, the term “a supply voltage” in claims 61 and 94 should
`
`be construed to mean “a supply voltage of the microcontroller.”
`
`C.
`“coupled” (claims 61, 94)
`67. Claims 61 and 94 recite various components “coupled” to other
`
`components. For example, claim 61 recites “a detector circuit coupled to said
`
`24
`
`

`

`oscillator.” The ’183 patent discloses that such coupling may be direct (e.g., two
`
`components connected by a wire) or indirect (e.g., two components connected by a
`
`path through multiple other components).
`
`68. For example, the ’183 patent describes that “[o]scillator 1200 is
`
`preferably comprised of a first invertor gate 1210 having [its] input coupled to [its]
`
`output via resistors 1214 and 1216[.]” APPLE-1001, 20:6-8. FIG. 13 shows this
`
`configuration:
`
`APPLE-1001, FIG. 13 (annotated)
`
`
`
`25
`
`

`

`69. The ’183 patent includes several other examples of indirect coupling
`
`between components. APPLE-1001, 12:60-62, 13:46-48.
`
`70. Accordingly, the term “coupled” should be construed to include
`
`indirect coupling via intervening components.
`
`V.
`
`Prior Art
`A. The combination of Caldwell and Ingraham ’735
`1. Overview of Caldwell
`71. Caldwell teaches a “touch control system that is responsive to a user
`
`input selection” that “includes an electrically non-conducting substrate, such as
`
`glass ceramic, and at least one capacitive-responsive touchpad on the substrate.”
`
`APPLE-1004, Abstract. Caldwell describes “a high frequency line driver 32” (an
`
`oscillator) that produces a “source signal having a primary frequency that is greater
`
`than 150 kHz, and preferably in the range of between 150 kHz and 500 kHz, [that]
`
`is applied to one portion of the touchpad.” Id. “The touchpad couples the
`
`electrical signal to another portion of the touchpad in order to develop a detection
`
`signal, which is decoded in order to determine the presence of the capacitance of a
`
`user.” Id.
`
`72. Caldwell describes that “[e]ach touch pad 14 includes a first portion
`
`composed of an electrically co

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