`Paper No. ___
`Filed: May 6, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
`
`APPLE, INC.
`Petitioner
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`v.
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`UUSI, LLC dba NARTRON
`Patent Owner
`
`____________________
`
`Case IPR2019-00359
`Patent No. 5,796,183
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`____________________
`
`DECLARATION OF DR. DARRAN CAIRNS
`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
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`TABLE OF CONTENTS
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`BACKGROUND AND QUALIFICATIONS ................................................................. 2
`I.
`II. MATERIALS REVIEWED ............................................................................................. 4
`III.
`PERSON OF ORDINARY SKILL IN THE ART ......................................................... 5
`IV. OVERVIEW OF THE ’183 PATENT ............................................................................ 5
`V.
`REFERENCES RELIED ON BY PETITIONER........................................................ 12
`A.
`Chiu...................................................................................................................... 12
`B.
`Schwarzbach........................................................................................................ 16
`C.
`Lawson ................................................................................................................. 17
`D. Meadows .............................................................................................................. 18
`E.
`Ingraham ’548 ..................................................................................................... 18
`F.
`Tucker .................................................................................................................. 19
`PROPER CLAIM CONSTRUCTION.......................................................................... 20
`A.
`Legal Standard.................................................................................................... 20
`B.
`“selectively providing signal output frequencies”............................................ 20
`VII. OPINIONS REGARDING PRIOR ART COMBINATIONS .................................... 23
`The Asserted References Do Not Disclose Selectively Providing “Signal
`A.
`Output Frequencies” .......................................................................................... 23
`Neither Chiu nor Schwarzbach Discloses an Oscillator Providing an Output
`Signal Having a “Predefined Frequency” that is Used to Activate Touch
`Terminals in an Array........................................................................................ 27
`[All Grounds]—A POSITA Would Not Have Been Motivated to Combine
`Chiu with Schwarzbach’s Oscillator or Have Reasonably Expected the
`Combination to Work......................................................................................... 28
`A POSITA Would Not Have Been Motivated to Combine Chiu and
`Schwarzbach with Meadows and the Proposed Combination Would Not
`Work to Achieve the Claims of the ’183 Patent ............................................... 29
`VIII. CONCLUSION ............................................................................................................... 32
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`VI.
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`B.
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`C.
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`D.
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`I, Darran Cairns, declare as follows:
`1.
`My name is Dr. Darran Cairns. I am a Director of Program
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`Operations and Faculty Member in the School of Computing and Engineering at
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`the University of Missouri Kansas City. I am also an Adjunct Professor of
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`Mechanical and Aerospace Engineering at West Virginia University, where I have
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`served on the faculty since 2006.
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`2.
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`I have been retained by UUSI, LLC d/b/a/ Nartron (“Patent Owner” or
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`“Nartron”) as an independent expert consultant in this proceeding before the Patent
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`Trial and Appeal Board (“PTAB” or “Board”).
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`3.
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`I have been asked to review and opine as to Apple’s Petition for Inter
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`Partes Review, Case IPR2019-00359 of U.S. Patent No. 5,796,183 (“the ’183
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`Patent”) (the “Petition”), and the Declaration of Dr. Phillip Wright submitted in
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`support of that Petition. I also have been asked to explain the technology described
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`and the invention claimed in U.S. Patent No. 5,796,183 and the two Reexamination
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`Certificates issued for that patent. Finally, I have been asked to consider and
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`describe the prior art references asserted in the IPR.
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`4.
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`I am being compensated at a rate of $490/hour for my work. I have
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`no other interest in this proceeding. My compensation is in no way contingent on
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`the nature of my findings, the presentation of my findings in testimony, or the
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`outcome of this proceeding.
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`I.
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`BACKGROUND AND QUALIFICATIONS
`5.
`As stated above, I am a Director of Program Operations and Faculty
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`Member in the School of Computing and Engineering at the University of Missouri
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`Kansas City, and I am also an Adjunct Professor of Mechanical and Aerospace
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`Engineering at West Virginia University. I was an Associate Professor with
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`Tenure at West Virginia University until August 2014.
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`6.
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`I hold an undergraduate degree in Physics (1995) and Ph.D. in
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`Materials Science and Engineering (1999) from the University of Birmingham in
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`the United Kingdom. From 1998 to 2001, I was a postdoctoral research associate
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`in the Display Laboratory at Brown University. During my time at the University
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`of Birmingham, I performed research related to optical fibers and optical fiber
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`sensors and worked closely with engineers at Pirelli Cables. During my time at
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`Brown University, I performed research on optoelectronic and display devices
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`including flexible electronics, conformable displays, encapsulated liquid crystal
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`devices, and touch sensors.
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`7.
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`At West Virginia University my research focused on the fabrication of
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`flexible electronic devices. My work was funded by both federal agencies,
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`including the National Science Foundation, NASA, the Air Force Office of
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`Sponsored Research, and the Department of Energy, and private companies,
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`including EuropTec USA, Grote Industries, Kopp Glass, Eastman Chemical and
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`Articulated Technologies. I have worked closely with engineers at each of these
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`companies and assisted them in developing and commercializing electronic devices
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`including electronic lighting for automotive use; and flexible backlights for
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`displays.
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`8.
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`In my own research program, I am developing patented technologies
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`on functional coatings for electronic and energy applications. I am a named
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`inventor on 11 issued U.S. patents in the field of touch sensors, displays, and liquid
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`crystal materials.
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`9.
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`Prior to joining the faculty at West Virginia University, I worked for
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`five years as a Research Specialist at 3M Touch Systems. My research there
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`focused on capacitive touchscreen applications. My work at 3M included the
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`development of patented and proprietary technologies on capacitive touch sensors.
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`10.
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`I am a member of the Society of Information Display (SID), the
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`Institute of Physics (IOP) and the American Society of Mechanical Engineers.
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`11. My students have been awarded prestigious fellowships for work
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`performed in my laboratory including NSF Graduate Fellowships (3 students),
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`NDSEG Fellowship (1 student) and the RUBY graduate Fellowship (1 student).
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`12. My curriculum vitae documents more than 79 scientific publications
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`in journals, books, and peer-reviewed conferences, as well as invited presentations
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`on my work in polymer materials for electronic devices and surfaces, and is
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`attached as Appendix 1.
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`II. MATERIALS REVIEWED
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`13.
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`I have reviewed the following materials for the purpose of preparing
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`this declaration: Petition of Inter Partes Review of U.S. Patent No. 5,796,183;
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`U.S. Patent No. 5,796,183 including the Reexamination Certificates issued on
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`April 29, 2013 and June 27, 2014 (Ex. 1001); the declaration of Dr. Phillip Wright
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`(Ex. 1003); excerpts from the Prosecution History of U.S. Patent No. 5,796,183
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`(Ex. 1002); Prosecution History of Reexamination Control No. 90/012,439 (Ex.
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`1006); Prosecution History of Reexamination Control No. 90/012,439 (Ex. 1007);
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`U.S. Patent No. 4,561,002 to Chiu (“Chiu”) (Ex. 1005); U.S. Patent No. 4,418,333
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`to Schwarzbach (“Schwarzbach”) (Ex. 1014); U.S. Patent No. 4,731,548 to
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`Ingraham (Ingraham ’548) (Ex. 1016); U.S. Patent No. 4,308,443 to Tucker
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`(“Tucker”) (Ex. 1019); U.S. Patent No. 4,328,408 to Lawson (“Lawson”) (Ex.
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`1032); and, U.S. Patent No. 4,922,061 to Meadows (“Meadows”) (Ex. 1013); and
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`U.S. Patent No. 5,463,388 to Boie et al. (“Boie”). I have also reviewed the other
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`patents cited in the IPR Petition, including Exhibits 1004, 1006-1012, 1015, 1017,
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`1018, and 1020-1031.
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`III. PERSON OF ORDINARY SKILL IN THE ART
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`14.
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`I have been informed that factors relevant to determining the level of
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`ordinary skill may include: the educational level of the inventor; the type of
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`problems encountered in the art; the prior art solutions to those problems; the
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`rapidity with which innovations are made; the sophistication of the technology; and
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`the educational level of the active workers in the field. On this basis, one of
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`ordinary skill in the art of capacitive touch sensors would have had at least a
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`bachelor’s degree in physics or electrical engineering or equivalent industry
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`experience in the field.
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`IV. OVERVIEW OF THE ’183 PATENT
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`15.
`
`The ’183 Patent, issued in 1998, is exemplary of the efforts Nartron
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`undertook as a pioneer in touchscreen technology. The ’183 Patent builds upon
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`and provides significant improvements over prior Nartron patents invented by
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`Ronald D. Ingraham, including Ingraham ’735 and Ingraham ’548, which Apple
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`asserts in its IPR Petitions. Filed over 20 years ago, the ’183 Patent provides the
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`foundation upon which today’s touch screen technology is built. Samsung v.
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`UUSI, IPR2016-00908, Ex. 1014 at 1.
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`16.
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`The ‘183 Patent has been cited at least 161 times by patents and patent
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`applications. See https://patents.google.com/patent/US5796183A/en#citedBy.
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`Many of these patents are assigned to companies such as Cypress Semiconductor,
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`Samsung Electronics, Touchscreen Technologies Inc., Microsoft, Nokia and Intel.
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`See Samsung v. UUSI, IPR 2016-00908, Ex. 2004.
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`17.
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`The ’183 Patent issued on August 18, 1998 from an application filed
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`on January 31, 1996. The ’183 Patent has been reexamined twice. Ex. 1006-1007.
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`Three of the challenged claims, Claims 37, 38 and 39, were added during the first
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`reexamination. See Ex. 1001, Ex Parte Reexamination Certificate C1. The
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`remainder of the challenged claims were added during the second reexamination.
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`See Ex. 1001, Ex Parte Reexamination Certificate C2. The ’183 Patent generally
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`relates to a capacitive responsive electronic switching circuit including an
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`oscillator providing a periodic output signal, an input touch terminal defining an
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`area for an operator to provide an input by proximity and touch, and a detector
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`circuit coupled to the oscillator for receiving the periodic output signal from the
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`oscillator, and coupled to the input touch terminal. Ex. 1001 (Abstract).
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`18. Capacitive sensors at the time of the invention (including the prior art
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`cited in the Petition) were largely limited to use in kitchen appliances such as
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`stoves and microwaves. Indeed, the filing date of the application (January 1996)
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`predates the release of the widely used Palm Pilot 1000 in March 1996. The touch
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`screen interface for the Palm Pilot was a relatively crude resistive touch sensor that
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`was not capable of multi touch input.
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`19.
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`In early 1996 when the application from which the ‘183 Patent issued
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`was filed, due to physical space constraints, there was a drive to make capacitive
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`touch keypads smaller and smaller while increasing the number of touch terminals
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`on the keypad. Yet, a substantial barrier existed in that the more densely the touch
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`terminals were spaced and the smaller the touch terminals became, the greater the
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`risk of coupling adjacent touch terminals, resulting in multiple actuations of touch
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`terminals or keys where only a single one is desired. This problem is described in
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`the specification of the ‘183 Patent. See Ex. 1001 (3:64-4:8).
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`20. At the time, the only way that was known to put touch pads as closely
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`together as possible was to use physical structures to prevent inadvertent actuation
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`of adjacent touch pads or cross talk. These physical structures included guard
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`rings, guard bands, or a combination of electrodes with opposing electric fields
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`(collectively referred to as “guard rings”) included as a part of each touch terminal.
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`Id. However, guard rings presented a barrier to developing a truly compact device
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`because they require additional space and therefore limit the proximity and size of
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`the touch terminals. There was no known way to overcome this problem until the
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`invention disclosed and claimed in the ’183 Patent.
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`21.
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`Today’s cell phones and tablets offer a rich user input interface in
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`very large part due to the innovations taught in the ’183 Patent. These devices
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`require a very closely spaced array of sensitive small-sized multi-touch input
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`sensors that can be rapidly controlled using a microprocessor. In addition, these
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`devices must be able to recognize multi-touch gestures and differentiate these
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`gestures from noise, contamination and unintentional touches. The ’183 Patent
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`was the first to teach the combination of all these things.
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`22.
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`In particular, the teachings of the ’183 Patent were crucial to the
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`elimination of the physical structures used in the prior art to prevent crosstalk
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`between adjacent input touch terminals and an increase in sensitivity that allowed
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`for the reduction in the size of individual input touch terminals. In addition, I
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`understand that the ’183 Patent also teaches how to minimize noise due to
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`contaminants and how to select oscillator frequencies. This is another critical
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`contribution that is widely used in today’s cell phones and tablets. The ability to
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`differentiate between a touch and a partial touch and reject unintentional touches is
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`essential to the ability to recognize the multi-touch gestures, which led to the rich-
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`user interface that has driven the rapid adaptation of smart phones and cell phones
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`utilizing multi-touch capacitive sensors. The ’183 Patent enabled this innovation.
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`23. By eliminating the need for guard rings in a multi touch pad
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`configuration, the ’183 Patent offers improvements in detection sensitivity that
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`allow and enable employment of a multiplicity of small sized touch terminals in a
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`physically close array such as a keyboard. Id. (5:53-57). This increased sensitivity
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`is accomplished by using an oscillator circuit in combination with a floating
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`common operating at a voltage 5V different from the output of the oscillator and
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`used as a reference for the touch input circuitry and by using high frequency
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`signals (preferably greater than 800 kHz) to drastically reduce the impact of supply
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`noise and noise due to contaminants on the screen. Thus, the combination of the
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`innovative sensor design combining an oscillator and floating common with the
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`implementation of a microprocessor to selectively provide output frequencies to a
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`closely spaced array of touch input points opened up the development and
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`commercialization of today’s multi touch capacitive sensors in cell-phones and
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`tablets that replaced crude resistive sensors for mobile devices. This innovative
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`touch sensor design allows for input touch terminals to be very small and densely
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`arranged together. With the use of a microprocessor to send the oscillator signal to
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`each of these small, closely spaced input touch terminals, it was possible to create
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`for the first time a keypad we now see in cell phones and tablets.
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`24. Accordingly, the ’183 Patent paved the way for today’s touch screen
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`devices. The ’183 Patent achieves detection sensitivity without the need for guard
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`rings in several ways described below.
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`25.
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`First, the ’183 Patent offers “enhanced sensitivity” because it
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`minimizes “susceptibility to variations in supply voltage and noise” by use of high
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`oscillator frequencies and by “use of a floating common and supply that follow the
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`oscillator signal to power the detection circuit.” Id. (6:1-22; 18:66-19:6). The
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`floating common provides a reference that is only 5V away from the high-
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`frequency oscillator output signal, enabling the system to compare the signals that
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`are only 5V apart. This 5V differential thus minimizes noise that otherwise would
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`be generated due to the presence of contaminants on the touch pad, such as liquids
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`or skin oils. Id. (4:18-20; 5:48-53; 16:12-24).
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`26.
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`Second, the ’183 Patent discloses that this “enhanced sensitivity” of
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`the detection circuit also uses an oscillator that outputs a signal with a voltage that
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`is as high as possible, for example a 26V peak square wave, while at the same time
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`is low enough to obviate the need for expensive components and testing to
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`alleviate safety concerns. Id. (6:6-13; 12:6-23).
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`27.
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`Third, the ’183 Patent’s detection circuit “operates at a higher
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`frequency than prior art touch sensing circuits” which “is not a benign choice”
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`relative to the prior art detection circuits. Id. (8:9-14). The ’183 Patent discloses
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`extensive testing that was performed in order to determine the required frequency
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`ranges. With reference to Figure 3A, the ’183 Patent discloses that the tests were
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`designed to find the ideal frequency ranges that would provide a substantial
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`enough “impedance difference between the paths to ground of the touched pad 57
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`and adjacent pads 59.” Id. (11:1-9). “This . . . result[s] in a much lower incidence
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`of inadvertent actuation of adjacent touch pads to that of the touched pad.” Id.; see
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`also id. (11:19-25).
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`28.
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`Thus, the ’183 Patent discloses a circuit with very high frequencies, a
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`floating common generator, and as high an oscillator voltage as possible so as to
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`bring the input touch terminals in closer proximity and make them smaller, while
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`still providing enhanced detection sensitivity, without the need for physical
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`structures like guard rings to isolate the touch terminals, which therefore permits
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`touch terminals to be spaced extremely close together and yet avoid inadvertent
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`actuations. Id. (8:9-11:60). A schematic of the essential elements of the invention
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`is shown in Figure 11 reproduced below:
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`29.
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`The inventions of the ‘183 Patent therefore made a groundbreaking
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`contribution to the art as it existed at the time the application was filed. To my
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`knowledge, no other device existed that allowed for the combination of smaller
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`input terminals with enhanced detection sensitivity. To the contrary, the
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`developments in the art at that time were focused on the use of physical structures,
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`such as guard rings to reduce noise and crosstalk. Thus, the invention of the ‘183
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`Patent represented a marked departure from the prevailing approach at the time.
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`V.
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`REFERENCES RELIED ON BY PETITIONER
`A.
`Chiu
`30. Chiu relates to a capacitive switch arrangement useful as a control
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`panel for devices requiring control inputs from human users, such as major home
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`appliances, where the switch cells can be relatively closely spaced. Ex. 1005
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`(1:65-2:2). Chiu explains that when a large number of touch pads are desired in a
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`relatively small panel area, the minimum electrode and touch pad areas required to
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`provide the minimum capacitance needed to detect human touch operations
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`presents a design limitation for then-conventional capacitive attenuator type switch
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`cells. Id. (6:3-8). In the then-conventional techniques upon which Chiu seeks to
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`improve, the receiver and transmitter electrodes must share the touch pad, so the
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`touch pad area required to provide the minimum capacitance for each of the series
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`capacitances CT and CR (i.e., the capacitance between the touch pad 16/16’ and
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`the transmitter electrode 20/20’, and the capacitance between the touch pad 16/16’
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`and the receiver electrode 22/22’, respectively) must be more than twice that
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`required for the transmitting or receiving electrode alone. Id. (6:9-14).
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`31. Chiu purportedly is able to reduce the touch pad size by more than
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`50% without sacrificing coupling capacitance and while also eliminating problems
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`presented by the cross-coupling capacitance between transmitter and receiver
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`electrodes, by removing the transmitter electrode from a substrate and replacing it
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`with a discrete capacitor separate from the touch pad and the receiver electrode.
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`This arrangement allows the touch pad area to be reduced to the area of the
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`receiver electrode alone without reducing the capacitance of the resulting receiver
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`capacitance. Id. (6:15-30). Figs. 5A-5B schematically illustrate the outer face of a
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`dielectric substrate 44 according to this arrangement.
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`32.
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`Each touch pad 42 has an associated conductive path 56, extending
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`substantially parallel to the horizontal rows of touch pads to an associated terminal
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`point 60. Separate discrete capacitors 52 are provided such that one is associated
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`with each touch pad. On the opposite side of the substrate 44, receiver electrodes/
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`pads 48 are provided, with one for each touch pad. Each of the receiver electrodes
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`is placed in an area overlying and bounded by the area of its associated touch pad
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`42. The receiver electrodes 48 in each column are serially connected by a
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`conductive path 49, with each column of receiver electrodes being coupled to the
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`signal detection circuitry 58. Id. (7:1-35).
`
`33.
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`To help prevent erroneous operation that might result from touching
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`multiple conductive paths, a second plurality of conductive paths 70 are formed on
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`the outer surface of the substrate 44 so that respective first and second paths are
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`closely adjacent to one another, e.g., such that a human touch to one path
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`ordinarily would involve touch to the other in the pair. Each of the paths 70 is
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`connected to a terminal point 72, which is electrically connected through the
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`substrate to terminal points 71. The terminal points 71, in turn, are connected to a
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`capacitor network 74 via conductive runs 73, and paths 70 thus can function as a
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`“pseudo-touch pad.” Id. (7:36-67). Detection circuitry 58 ensures that detection of
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`an attenuated signal at output terminal 84 of capacitor network 74 takes priority
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`over any other input thereto. And because the relative positioning of conductive
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`paths 56 and 70 is such that touching of one of runs 56 ordinarily would be
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`accompanied by the touching one of the runs 70 as well, the control system does
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`not respond to inadvertent touching of any other panel except the touch pads.
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`34.
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`Fig. 6A shows Chiu’s control circuit:
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`Microprocessor 90 sequentially generates a scan pulse for the rows shown in Figs.
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`5A-5B and a separate test signal is generated simultaneously with each scan pulse
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`for the capacitive network to address the erroneous signal detection issue discussed
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`above. Id. (8:45-55). Signal detection circuitry 58 senses the scan signal coupled
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`by each of the touch cells in the row being scanned to their respective output lines
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`49 to detect an attenuation of the column output line signal, signifying a touch. Id.
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`(8:63 – 9:6).
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`B.
`35.
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`Schwarzbach
`Schwarzbach discloses an improved appliance control system for
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`providing communication between a central control unit and remote slave units
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`over common power lines such as a building’s power supply. Ex. 1014 (1:7-13,
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`2:3-6). The appliance control system includes a central control unit and a number
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`of slave units each including a user-programmable microprocessor. Appliances
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`and light fixtures are plugged into a respective slave unit, which is plugged into
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`outlet sockets of a power main in a building. This permits manual or automatic
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`transmission of command signals and status request signals from the central
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`control unit to individually addressed slave units, and transmission of status signals
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`from the slave units to the central control unit. Id. (Abstract).
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`36.
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`The central control unit includes a display panel, which is coupled to a
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`microprocessor, and a keyboard. Id. (4:28-29, 4:50-51). The keyboard is
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`connected as a 3×8 matrix, with its row pins 1 through 8 connected to
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`corresponding microprocessor output terminals. Key depresses are detected by
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`driving output terminals and scanning for closed keys. Specifically, the
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`microprocessor sequentially drives its output terminals to a high level for a set
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`interval. All keyboard pins are scanned once during each cycle of AC line voltage
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`for simultaneously driving the keyboard rows and the displaying the panel
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`character terminals. During the time that a keyboard row pin is held high, the
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`microprocessor looks at its input wires to determine whether a key is closed.
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`When the key closure is detected, the microprocessor takes the appropriate action
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`after the end of that keyboard scan. Id. (4:55 to 5:1).
`
`C.
`37.
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`Lawson
`Lawson relates to oven controllers for controlling temperature, duty
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`cycle, and time intervals and, more specifically, “to a microprocessor whose
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`function is dedicated as an oven controller by a read-only memory.” Ex. 1032
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`(1:7-11). Lawson states that controlling the operation of the (then) newly released
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`microwave oven has become complex. Id. (1:19-21). Thus, its “main object . . . is
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`to provide an oven controller with extreme versatility, capable of operating in a
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`time mode or in a temperature mode.” Id. (2:3-5). Lawson also seeks to provide a
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`controller that is simple to operate, yet controls a complex sequence. Id. (2:9-11).
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`With respect to the latter, Lawson discloses an oven 20 having a controller with a
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`capacitive touch panel 21. As shown in Figure 2, the touch panel 21 includes a
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`display 22, along with a number of LEDs D16-D29 that output information
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`relevant for operation of the microwave oven. Id. (2:28-44). Lawson describes the
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`function of its various pads and keyboard, noting that different pad functions may
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`have different effects on display modes, for instance, in connection with a timed
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`cooking example. See, e.g., id. (26:61-69, 27:1-25; Table 1).
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`D. Meadows
`38. Meadows discloses a capacitive touch panel system of the type used
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`with a pen or stylus. Ex. 1013 (1:12-15). The Meadows patent addresses
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`electromagnetic interference caused by the conductive coating on the faceplate and
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`the touch panel system, which generates electromagnetic noise that can make it
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`difficult to determine a touch location. Id. (1:51-63). As disclosed, Meadows
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`reduces susceptibility to electromagnetic noise by using a “lock-in type” signal
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`demodulator and low-pass filter. Id. (2:61-68). The signal demodulator, in
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`response to a pseudo-random number signal, employs a random frequency
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`measurement signal with a frequency between 150 kHz and 250 kHz as reference
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`for demodulating the positive and negative differential output signal. Id. (2:61-64,
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`4:28-32). This signal is fed into the low pass filter, which provides from the
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`demodulated signal a substantially steady-state address signal that corresponds to
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`an average of the magnitude of the current drawn through a bar electrode. Id.
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`(2:64-68).
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`Ingraham ’548
`E.
`39. Apple’s six petitions for IPR cite three patents granted in the name of
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`Ingraham: U.S. Patent Nos. 4,731,548 (Ex. 1016); 4,758,735 (Ex. 1017); and
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`5,087,825 (Ex. 1025). Each of these three Ingraham patents was invented by a
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`Nartron engineer and considered during prosecution of the ’183 Patent. The latter
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`two Ingraham patents—namely, Ingraham ’735 and Ingraham ’825 (Ex. 1017 and
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`1025, respectively)—are extensively discussed in the ’183 Patent. Ex. 1001 (3:44-
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`50; 4:3-8; 5:43-50; 6:6-16; 8:11-18; 18:1-10). And both Ingraham ’548 and
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`Ingraham ’825 were cited in and relied upon in the Samsung IPR.
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`40.
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`Like the later Ingraham patents, Ingraham ’548—the earliest of these
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`three Ingraham patents, and the particular Ingraham relied upon in Apple’s
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`Petition—discloses a touch control switch circuit. Ex. 1016 (Abstract). Ingraham
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`’548 in particular improves reliability of touch-controlled switching circuits since
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`it does not rely upon induced voltage for its operation. Rather, the body
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`capacitance of the person actuating the switch is coupled in a voltage dividing
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`circuit used to provide a logic output signal for controlling a DC trigger level
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`applied to a Triac or other bilateral solid-state switch coupled between the line
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`voltage source and a load to be controlled. By utilizing a direct current control
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`signal for the solid-state switch, the switch is rendered conductive near the
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`beginning of each half-cycle of operation and remains conductive during each half-
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`cycle of each cycle of operation. Thus, through a DC gate signal, inductive loads
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`such as fluorescent lights and motors, may be controlled. Id. (1:38-66).
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`F.
`41.
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`Tucker
`Tucker discloses a cooktop induction heating system with touch
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`control pads for electrically energizing induction heating coils. A “microprocessor
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`circuit receives as input signals the control signals generated by touch input
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`circuit.” Ex. 1019 (7:33-35; Figs. 3 and 5). These signals are applied to the
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`microprocessor circuit, with the output from the microprocessor circuit indicating
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`that a particular touch control pad has been touched. Id. (7:35-43). Additionally,
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`Tucker discloses various software flow diagrams that the processor can execute to
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`operate the cooktop controls. See id. (16:52-54; Fig 10) (describing the software
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`flow diagram for the basic program architecture of microprocessor circuit 82).
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`Tucker, like Ingraham ’548, was considered during prosecution of the ’183 Patent.
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`VI. PROPER CLAIM CONSTRUCTION
`A.
`Legal Standard
`42.
`I understand that ’183 Patent is expired. Accordingly, I understand
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`that the claim terms should be construed according to Federal Circuit’s decision in
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`Phillips v. AWH Corp. Below I discuss the meaning of “selectively providing
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`signal output frequencies” under that standard. I do not address the meaning of
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`other claim terms at this time, but may do so in the event the Petition is instituted.
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`B.
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`43.
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`“selectively providing signal output frequencies”
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`It is my opinion that “selectively providing signal output frequencies”
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`should be construed as meaning selectively sending signals selected from various
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`frequencies available from a microcontroller to the input touch terminals. My
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`reasons are as follows.
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`44.
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`The ‘183 Patent selectively provides signal output frequencies to the
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`input touch terminals using a “dedicated microprocessor referenced to the floating
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`supply and floating common of the detection circuit maybe [sic] used to cost
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`effectively multiplex a number of touch terminal output signals over a two line
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`optical bus to a dedicated microprocessor referenced to a fixed supply and
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`ground.” Ex. 1001 (6:16-22). The floating common generator receives the
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`oscillator output signal and “outputs a regulated floating common that is 5 volts
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`below the square wave output from the oscill