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`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`American National Manufacturing Inc.,
`Petitioner
`
`v.
`
`Sleep Number Corporation
`f/k/a Select Comfort Corporation,
`Patent Owner
`
`____________________
`
`Case IPR: IPR2019-00497
`Patent No. 8,769,747
`
`
`Case IPR: IPR2019-00500
`Patent No. 9,737,154
`
`____________________
`
`DECLARATION OF DR. JOSHUA PHINNEY, PH.D., P.E.
`IN SUPPORT OF PETITIONER’S REPLY TO
`PATENT OWNER’S RESPONSE
`
`
`
`1
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 1
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`
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`I, Joshua Phinney, declare as follows:
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`I.
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`INTRODUCTION
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`1.
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`I am a Principal Engineer in the Electrical Engineering and Computer
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`Science practice at Exponent, an engineering and scientific consulting firm
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`headquartered at 149 Commonwealth Drive, Menlo Park, California 94025.
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`2.
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`I have been retained as an independent expert consultant in this
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`proceeding before the United States Patent and Trademark Office (the “Patent
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`Office”). I am a salaried employee of Exponent. Exponent charges an hourly rate
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`of $550 plus expenses for my work performed in connection with this case. My
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`compensation is not dependent on the opinions I render or the outcome of this
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`proceeding.
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`3.
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`I submitted expert declarations in support of American National
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`Manufacturing’s (“ANM”) Petitions for inter partes review (IPR). My declaration
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`in support of IPR2019-00497 regarding U.S. Patent No. 8,769,747 (“the ’747
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`patent”) is Ex. 1007. My declaration in support of IPR2019-00500 regarding U.S.
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`Patent No. 9,737,154 (“the ’154 patent”) is Ex. 1009. I understand that IPRs were
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`instituted in theabove proceedings.
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`4.
`
`I understand that Patent Owner Sleep Number Corporation (“PO”)
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`submitted a Patent Owner Response (POR) in IPR2018-00497 (Paper 46) and a POR
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`in IPR2019-00500 (Paper 45), each addressing grounds for obviousness presented
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 2
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`by Petitioner in its Petitions. I submit this expert declaration in support of ANM’s
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`Reply to the POR for each proceeding.
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`5.
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`Details regarding my qualifications, testifying experience, employment
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`history, fields of expertise, and publications are provided in my prior declarations in
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`these proceedings.
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`II. EXPLANATION OF OPINIONS
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`A. Construction of “desired pressure setpoint” and “pressure target”
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`6.
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`I understand that PO’s construction of “desired pressure setpoint” is “a
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`value that represents a selected pressure.” In my opinion, this definition is
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`inconsistent with how a person of ordinary skill would understand the term “desired
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`pressure setpoint” in light of the ’747 and ‘154 patent disclosures.
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`7.
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`First, the specifications of both patents do not discuss “a value that
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`represents” a selected pressure. What both patents do disclose is a desired pressure
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`setpoint that is commensurate with a pressure reading. As one example, claim 1 of
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`the ’747 patent provides a “desired pressure setpoint” that is compared to the sensed
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`pressure “within the pump housing” and “the actual chamber pressure” within the
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`air chamber of the air bed. In both these instances, pressure transducer 46 is the only
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`instrument described as determining, sensing, or reading pressure within the pump
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`housing or air chamber. Given this disclosure, a person of ordinary skill would
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 3
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`understand that a “desired pressure setpoint” must also be a pressure, namely a
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`pressure reading that is desired (or “selected,” using PO’s language).
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`8.
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`Second, to the extent that controller (such as microprocessor 36) works
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`with internal numerical quantities to practice the claimed invention, a person of
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`ordinary skill would understand that a “desired pressure setpoint” in this case is still
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`a pressure. I.e., the microprocessor works in terms of pressure, and uses pressure
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`readings in calculations involving the “desired pressure setpoint.” I therefore see no
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`reason, nor has PO articulated any, that “desired pressure setpoint” should be further
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`construed to include “a value representing…”
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`9.
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`I understand that PO’s construction of “pressure target” is “a value
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`representing the desired level of inflation or deflation.” In my opinion, this
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`definition is also inconsistent with how a person of ordinary skill would understand
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`the term “pressure target” in light of the ’747 and ‘154 patent disclosures.
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`10. The specifications of both patents never use the term “desired” to
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`describe the “pressure target,” and do not disclose “a value representing the desired
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`level of inflation or deflation.” Reiterating the discussion above, what both patents
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`do disclose is a pressure target that is commensurate with a pressure reading. As
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`one example, both patents describe a deflate “pressure target” and an inflate
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`“pressure target” that correspond to the sensed manifold pressure that will yield the
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`desired pressure setpoint (for IPR2019-00497, see Ex. 1001, 8:13-19; and for
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 4
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`IPR2019-00500, see Ex. 1001, 8:36-42). Given this disclosure, a person of ordinary
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`skill would understand that a “pressure target” must also be a pressure, a pressure
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`that corresponds to a sensor reading that is used to terminate inflation or deflation.
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`I see no reason, nor has PO articulated any, that “pressure target” should be further
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`construed to include “a value that represents…”
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`B. Opinions regarding
`References
`
`the Motivation
`
`to Combine Prior-art
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`11. As I explain in my previous declarations accompanying the Petitions,
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`the secondary references I discussed (Mittal, Pillsbury, and Ebel) would have
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`logically commended themselves to an inventor’s attention because of the
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`discrepancy between sensed pressure and chamber pressure in the air-bed system of
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`Gifft.
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`12. A person of ordinary skill would appreciate that during inflation or
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`deflation in Gifft, a pressure reading on the pump side of an air hose is not equal to
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`the bladder pressure at the opposite end of the hose. Gifft, for instance, distinguishes
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`its approach from the prior art, which during inflation periodically closes off the air
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`outlet “in order to provide to the processor board 20 a reading of the existing pressure
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`in the bladder.” Ex. 1004, 1:63-2:3. From this statement, a person of ordinary skill
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`would appreciate that for pressure measurements at the valve enclosure assembly (at
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`the pump side of an air hose), closing the air outlet and stopping air flow allows the
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 5
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`sensed pressure to come into equilibrium with the air bladder(s) at the opposite end
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`of the hose.
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`13. The differing pressures on either end of an air hose is typical of many
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`pneumatic control systems,
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`inasmuch as
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`the pressure sensor
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`is
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`in fluid
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`communication with a pump manifold that is remote from the controlled air volume.
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`A conduit or hose is typically interposed between a pressure sensor and air chamber
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`in other fluid-control applications, including seating comfort adjustment systems (as
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`in Ebel (for IPR2019-00497, see Ex. 1007; and for IPR2019-00500, see Ex. 1006)),
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`automatic tire pressure controllers (as in Mittal (Ex. 1005)), and blood-pressure
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`monitors (as in Pillsbury (for IPR2019-00497, see Ex. 1006; and for IPR2019-
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`00500, see Ex. 1011)).
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`14. All of these applications present a particular challenge to the control
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`engineer since the point of pressure sensing is separated from the pressurized volume
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`by an intervening conduit having a pneumatic impedance. Fast and accurate holding
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`of chamber pressure is difficult in such situations since the actual chamber pressure
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`can only be measured after dwelling in an idle state, i.e., after the sensor pressure
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`has come to equilibrium with the pressure in the chamber. This problem is
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`reasonably pertinent to the control of air beds generally, as well as the Gifft
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`particularly, which foregoes the periodic valve actuation used to accurately
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`determine pressure during adjustment.
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 6
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`15. While Gifft does not address these control and compensation
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`challenges directly, other references that do would have logically recommended
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`themselves to the consideration of a person of ordinary skill. In particular, a person
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`of ordinary skill would have been aware – whether through their experience or
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`training – that a pressure sensor collocated with the pump measures too high a
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`pressure during filling and a too low a pressure during emptying. Thus for each
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`valve state – inflating or deflating – a characteristic error is on hand, which can be
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`compensated by the pneumatic controller. This form of compensation (e.g., using
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`offsets) was known specifically in the art for air mattress control,1 as well as in the
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`general field of pneumatic controllers. For this reason, a person of ordinary skill
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`designing a pneumatic controller for an air bed would look to references in analogous
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`fields – such as seating comfort adjustment systems, tire pressure controllers, or
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`1 See, e.g., p. 15 of International Patent Application Publication WO 2007/016054
`A2 (“Bhai”) entitled “System and Method of controlling an Air Mattress” and
`assigned to Hill-Rom Services. Bhai is directed to the control of patient supports
`(such as hospital beds) with inflatable mattresses. Bhai discloses that once a set-
`point pressure in a patient support is calculated, the system determines a related
`“bogey” pressure. For inflation, the bogey pressure is developed as an “over-
`shoot” value that is set slightly greater than the pressure set-point. The bogey
`pressure is set slightly lower than the target pressure when the system is in the
`deflate mode. Bhai states that in its air-mattress application, “[e]mpirical evidence
`has shown that the offset between the bogey and the target [the set-point] results in
`an actual pressure within an acceptable tolerance of the target [the pressure set-
`point].” Id.
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 7
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`blood-pressure monitors – because these references address the same type of
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`problem, i.e., estimating a remote pressure accurately during inflation or deflation.
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`C. Opinions regarding the technical grasp of a Person of Ordinary
`Skill
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`16. As I explain in my previous declarations accompanying the Petitions,
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`modifying Gifft in view of the secondary references (Mittal, Pillsbury, and Ebel)
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`would have been within the technical knowledge and grasp of a person of ordinary
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`skill.
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`17.
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` A person of ordinary skill would have understood that using
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`inflate/deflate factors to compensate for pressure read errors while air is flowing
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`would combine prior art elements according to known methods to yield predictable
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`results. For instance, Gifft already provides a method of adjusting pressure until a
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`sensed pressure equals a target pressure. In view of Mittal and Ebel, it would be
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`obvious to a person of ordinary skill to still control the valve using a target pressure,
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`but modify the target pressure by adjustment factors. Thus, a person of ordinary
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`skill would be faced with what is essentially a software task, i.e., using existing
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`software functions and variables, but improving the accuracy of how certain
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`variables (like a pressure target) are calculated. Such improvements are well within
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`the capabilities of a person of ordinary skill, since (given the subject matter of the
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`’747 and ’154 patents) a person of ordinary skill would understand how to
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`implement software for an air-bed controller at least at an algorithmic level.
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 8
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`18. Additionally, from the standpoint of pneumatic control, the impedance
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`of an air hose, whether it is used to supply air to tires or to an air bladder internal to
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`a mattress, may be treated using the same engineering principles. A person of
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`ordinary skill would thus realize that different applications do not affect the
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`underlying compensation principles, or their utility.
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`19. A person of ordinary skill would therefore have a reasonable
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`expectation of success when implementing known control solutions (e.g., from
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`Mittal, Pillsbury, or Ebel) into the air-bed system of Gifft.
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`D. Opinions regarding the interpretation and obviousness of certain
`claim elements
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`20.
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`I understand that PO has challenged my understanding of variations on
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`the claimed principles “within an acceptable pressure target error range,” and
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`“substantially equal” in view of the prior art. (for IPR2019-00497, see Paper 46 at
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`56-57; and for IPR2019-00500, see Paper 45 at 57-58. Here, PO contends that while
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`I may have analyzed some claim language (e.g., “adjusting pressure within the air
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`chamber until a sensed pressure within the pump housing is substantially equal to
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`the calculated pressure target,” as recited in claim 1 of ’747 patent), that analysis is
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`insufficient for variations of the claim language.
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`21.
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`I understand that the test for obviousness is flexible, and does not
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`require that a prior art reference include the same words as the claim. My opinion,
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`rather, is based on what a person ordinary skill in the art would have understood or
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 9
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`appreciated based on disclosures in the prior art. For the claim language at issue
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`here, Gifft discloses the concept of adjusting pressure until a bladder pressure
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`“substantially equals” the desired pressure. In my opinion, a person of ordinary skill
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`would have understood that there are variety of ways to implement such a
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`comparison.
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`22. For instance, a person of ordinary skill would understand that in a
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`digital controller especially, a sensed pressure may not precisely equal a pressure
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`target even after a necessary pressure adjustment. Thus, there is a need to determine
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`when two pressure quantities are “close enough” for practical purposes.
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`23.
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` A person of ordinary skill would understand that one way of
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`determining the end-point of pressure adjustment – when the sensed pressure within
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`the valve enclosure is “substantially equal” to the calculated pressure target – is to
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`establish a numerical “error range” around the pressure target. A person of ordinary
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`skill would therefore find it obvious to implement control logic that adjusts pressure
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`“until the sensed manifold pressure is within an acceptable pressure target error
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`range of the calculated manifold pressure target.”
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`III. CONCLUSION
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`24.
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`I declare that all statements made herein of my knowledge are true, that
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`all statements made on information and belief are believed to be true, and that these
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`statements were made with the knowledge that willful false statements and the like
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`WA 14194595.2
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 10
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`so made are punishable by fine or imprisonment, or both, under Section 1001 of Title
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`18 of the United States Code and that such willful false statements may jeopardize
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`the validity of the application or any patents issued thereon.
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`
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`Dated:
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`January 22, 2020
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`
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`
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`
`
`
`
` By:
` Dr. Joshua W. Phinney
`
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`American National Manufacturing, Inc.
`EXHIBIT 1061
`IPR2019-00500
`Page 11
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