`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN NATIONAL MANUFACTURING INC.,
`Petitioner,
`v.
`SELECT COMFORT CORPORATION,
`Patent Owner.
`____________
`Case No. IPR2019-00497
`Case No. IPR2019-00500
`Patent No. 8,769,747
`Patent No. 9,737,154
`____________
`
`
`
`
`DECLARATION OF DR. WILLIAM C. MESSNER
`IN SUPPORT OF PATENT OWNER’S MOTIONS TO AMEND
`
`
`
`
`
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 1
`
`
`
`TABLE OF CONTENTS
`
`
`
`
`BACKGROUND ............................................................................................ 1
`I.
`THE UNDERSTANDINGS APPLIED TO MY ANALYSIS ....................... 2
`II.
`III. THE CHALLENGED PATENTS .................................................................. 4
`IV. THE AMENDED CLAIMS OF THE CHALLENGED PATENTS .............. 4
`V. WRITTEN DESCRIPTION SUPPORT OF THE SUBSTITUTE
`CLAIMS ......................................................................................................... 6
`A. Multiplicative and Additive Pressure Adjustment Factors ................ 48
`B.
`Adjustment Factor Error ..................................................................... 51
`VI. There is No Motivation to Combine Gifft-Mittal-Pillsbury with Ebel
`Unpatentable. ................................................................................................ 55
`A.
`Pillsbury with Ebel. ............................................................................ 58
`
`would not increase accuracy in adjustable air beds. ................ 59
`
`does. ......................................................................................... 63
`
`with Ebel. ................................................................................. 67
`VII. CONCLUSION AND JURAT ..................................................................... 69
`
`Changing Pressure Adjustment Factors Based on Pressure
`
`That Would Render The ‘154 Patent’s Proposed Substitute Claims
`
`Petitioner Fails to Identify a Motivation to Combine Gifft-Mittal-
`
`Ebel’s explicit disclosures do not teach or suggest the
`claimed multiplicative pressure adjustment factor and
`
`Ebel does not disclose the fluid-circuit diagrams or
`multiplicative offsets that Petitioner’s expert purports that it
`
`There Is No Motivation to Combine Gifft-Mittal-Pillsbury
`
`
`
`i
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 2
`
`
`
`
`
`I.
`
`BACKGROUND
`I, William C. Messner, make this Declaration in connection with the Patent
`
`Owner’s Motions to Amend U.S. Patent 8,769,747 (the ’747 Patent) and U.S. Patent
`
`9,737,154 (the ’154 Patent). Specifically, this Declaration is submitted with the
`
`Patent Owner’s Revised Motion to Amend in Case No. IPR2019-00497 involving
`
`the ’747 Patent and the Reply in Support of Patent Owner’s Motion to Amend in
`
`Case No. IPR2019-00500 involving the ’154 Patent. To that end, I hereby declare as
`
`follows:
`
`1.
`
`I am over the age of 21 years and am fully competent to make this
`
`Declaration. I make the following statements based on personal knowledge and, if
`
`called to testify to them, could and would do so. I have been retained on behalf of
`
`Sleep Number Corporation to opine on certain issues raised in the above-identified
`
`proceedings concerning the ’747 Patent and the ’154 Patent. My fee is not contingent
`
`on the outcome of any matter or on any of the technical positions that I explain in
`
`this Declaration. I have no financial interest in Sleep Number Corporation, nor the
`
`’747 and ’154 Patents.
`
`2.
`
`This Declaration is intended to be read with my prior declarations in
`
`support of the Patent Owner’s Responses (Exs. 2001 and 2025 in IPR2019-00497
`
`and Exs. 2001 and 2025 in IPR2019-00500; “Companion Declarations”). In my
`
`Companion Declarations, I address many topics, including my background and
`
`1
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 3
`
`
`
`
`
`qualifications, the level of skill in art, a background on the technology of the patents
`
`at issue, claim construction, and many other topics. I maintain all of the opinions and
`
`explanations expressed in my Companion Declarations, and all that I testified to in
`
`those documents applies equally here.
`
`3.
`
`In preparing this declaration, and in addition to the information I
`
`reviewed when preparing my Companion Declarations, (see, e.g., Ex. 2025 at ¶¶ 15-
`
`16), I have reviewed Patent Owner’s Motion to Amend in IPR2019-00500 and
`
`Patent Owner’s Revised Motion to Amend in IPR2019-00497. I have also reviewed
`
`Petitioner’s Oppositions to Patent Owner’s Motions to Amend in both IPR2019-
`
`00497 and -00500 (“Opp.”) and the supporting evidence submitted therewith as well
`
`as the transcript from the deposition of ANM’s expert, Dr. Phinney, from February
`
`20, 2020 (Ex. 2080). I have also reviewed the Board’s preliminary guidance in both
`
`IPR2019-00497 and -00500.
`
`II. THE UNDERSTANDINGS APPLIED TO MY ANALYSIS
`4.
`Based upon my review of the Petitions and Oppositions to Patent
`
`Owner’s Motions to Amend that were filed by Petitioner, it is my understanding that
`
`at least Gifft, Mittal, and Pillsbury are used to argue the proposed substitute claims
`
`are unpatentable. Specifically, I understand that Petitioner relies upon at least Gifft,
`
`Mittal, and Pillsbury (requiring Ebel for most of its combination) to argue the
`
`proposed substitute claims in IPR2019-00500 are unpatentable. I further understand
`
`2
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 4
`
`
`
`
`
`that because Patent Owner is filing a Revised Motion to Amend in IPR2019-00497,
`
`Petitioner is not confined to using these same references in its Opposition to Patent
`
`Owner’s Revised Motion to Amend. However, given Dr. Phinney’s admission that
`
`other than Ebel’s purported disclosures he is unaware of any art that discloses use of
`
`a multiplicative offset, I expect Petitioner will continue to use the same combinations
`
`in its Opposition to Patent Owner’s Revised Motion to Amend.
`
`5.
`
`In addition to the understandings outlined in my Companion
`
`Declarations (¶¶17-26 of Ex. 2001 in IPR2019-00497 and IPR2019-00500), Counsel
`
`has informed me that claims must be enabled by the original disclosure of the patent.
`
`For the claims to be enabled, the information contained in the disclosure must be
`
`sufficient to inform those skilled in the relevant art how to make and use the claimed
`
`invention without undue experimentation. I do not offer any opinions in this
`
`Declaration concerning enablement, and merely note my understanding of the
`
`concept to support the following discussion.
`
`6.
`
`Counsel has informed me that the original disclosure must contain a
`
`written description of the claimed invention. The written description requirement is
`
`separate and distinct from the enablement requirement I discussed above. To satisfy
`
`the written description requirement, the original disclosure must describe (in writing
`
`or drawings) the claimed invention in sufficient detail that one skilled in the art can
`
`reasonably conclude the inventor had possession of the claimed invention. In other
`
`3
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 5
`
`
`
`
`
`words, the question is whether one of skill can discern from the original disclosure
`
`that the named inventor actually invented the subject matter later claimed.
`
`III. THE CHALLENGED PATENTS
`7.
`The ’154 Patent is a continuation of the ’747 Patent. These two patents
`
`share an identical specification. The shared specification is gleaned from a priority
`
`international patent application—PCT/US2008/059409 (Ex. 2081; the ’409
`
`Application)—filed April 4, 2008. The analysis in my Companion Declarations
`
`references the ’747 Patent and the ’154 Patent, respectively. On the other hand, my
`
`written description analysis of this declaration will often refer to the ’409
`
`Application with an understanding that the international application represents the
`
`original disclosure of both patents.
`
`IV. THE AMENDED CLAIMS OF THE CHALLENGED PATENTS
`8.
`As noted in my Companion Declarations, Petitioner has challenged the
`
`validity of many claims. The following claims of the ’747 Patent and the ’154 Patent,
`
`in IPR2019-00497 and IPR2018-00500 are relevant to this analysis:
`
` ’747 Patent: claims 1-6 and 10-16
`
` ’154 Patent: claims 1, 3-5, 7-10, 12-22
`
`
`
`
`
`4
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 6
`
`
`
`9.
`
`Tables 1A and 1B below map the original claims to the proposed
`
`substitute claims of the Motions to Amend.
`
`
`
`TABLE 1A
`Original ’747 Patent Claim Proposed Substitute Claim
`Claim 1
`Claim 20
`Claim 2
`Claim 21
`Claim 3
`Claim 22
`Claim 4
`Claim 23
`Claim 5
`Claim 24
`Claim 6
`Claim 25
`Claim 10
`Claim 26
`Claim 11
`Claim 27
`Claim 12
`Claim 28
`Claim 13
`Claim 29
`Claim 14
`Claim 30
`Claim 15
`Claim 31
`Claim 16
`Claim 32
`
`
`
`TABLE 1B
`Original ’154 Patent Claim Proposed Substitute Claim
`Claim 1
`Claim 23
`Claim 3
`Claim 24
`Claim 4
`Claim 25
`Claim 5
`Claim 26
`Claim 12
`Claim 27
`Claim 13
`Claim 28
`
`5
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 7
`
`
`
`
`
`TABLE 1B
`
`Claim 15
`Claim 18
`Claim 19
`Claim 20
`Claim 21
`Claim 22
`Claim 14
`Claim 16
`Claim 17
`Claim 7
`Claim 8
`Claim 9
`Claim 10
`
`Claim 29
`Claim 30
`Claim 31
`Claim 32
`Claim 33
`Claim 34
`Claim 35
`Claim 36
`Claim 37
`Claim 38
`Claim 39
`Claim 40
`Claim 41
`
`
`
`V. WRITTEN DESCRIPTION SUPPORT OF THE SUBSTITUTE
`CLAIMS
`10. Table 2A below and my subsequent discussion of certain claim
`
`elements demonstrate that substitute claims 20-32 at issue in IPR2019-00497
`
`(the ’747 Patent proceeding) are fully supported by the ’409 Application’s
`
`6
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 8
`
`
`
`
`
`disclosure. 1 By “fully supported,” I mean that I have considered each of the
`
`substitute claims as a whole, and I have determined that the disclosure of the ’409
`
`Application makes clear the inventors possessed (i.e., invented) the subject matter
`
`recited in the substitute claims. The analysis and citations (which are meant to be
`
`exemplary, not necessarily exhaustive) in Table 2A indicate where the ’409
`
`Application addresses the features of each claim element.
`
`Claim Element
`
`20.P - A method for adjusting
`pressure within an air bed
`comprising;
`
`26.P - A method for adjusting
`pressure within an air bed
`comprising;
`
`32.P - A pressure adjustment system
`for an air bed comprising.
`
`Table 2A
`Support in ’409 Appl. (Ex. 2081) and
`’172 Patent (Ex. 1004)
`My analysis:
`Based on the citations to the ’409
`Application provided below, a POSITA
`would understand there was support for an
`air bed pressure adjustment system and
`method.
`
`Support in Ex. 2081:
`[0001]; [0008] (“The present invention
`solves the foregoing problems by providing
`
`
`1 Sleep Number’s Counsel has informed me that I should treat the disclosure of U.S.
`
`Patent No. 5,904,172 (the ’172 Patent) as part of the ’409 Application because it is
`
`incorporated by reference; and I have done so.
`
`7
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 9
`
`
`
`
`
`Table 2A
`a method for adjusting pressure within an
`air bed . . .”); [0009] (“The present
`invention also provides a pressure
`adjustment system for an air bed . . .”);
`FIGS. 1, 2, 5-7; Abstract.
`My analysis:
`Based on the citations to the ’409
`Application provided below, a POSITA
`would understand there was support for an
`(i) air bed including an air chamber and a
`pump housing; and (ii) the
`step/functionality of selecting a desired
`setpoint for the air chamber, e.g., from an
`input device like a remote control.
`Citations to the ’172 Patent further support
`the substitution of “pump housing” for
`“valve enclosure” and “air chamber” for
`“air bladder.” A POSITA would have
`understood that these are synonymous
`terms. The substitution does not change the
`meaning or scope of the claims.2
`
`20.1-20.2 - providing or receiving
`an air bed, the air bed including an
`air bladder and a pump having a
`valve enclosure; selecting a desired
`pressure setpoint for the air bladder;
`
`26.1-26.2 - providing or receiving
`an air bed, the air bed including
`plurality of air bladders and a pump
`having a valve enclosure; selecting
`a desired pressure setpoint for at
`least one of the plurality of air
`bladders;
`
`32.1-32.3 –
`an air bladder;
`
`2 I understand the Motion to Amend has universally implemented the replacement
`
`of these synonymous terms throughout the proposed amended claims based upon
`
`citations to the ’172 Patent. Rather than repeat the citations to the ’172 Patent for
`
`8
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 10
`
`
`
`
`
`Table 2A
`a pump in fluid communication with
`Support in Ex. 2081:
`the air bladder, the pump including
`[0003]; [0006]; [0007]; [0008] (“. . . [the]
`a pump manifold and at least one
`method . . . compris[es] providing an air
`valve;
`bed that includes an air chamber and a
`an input device adapted to receive a
`pump having a pump housing, selecting a
`desired pressure setpoint selected by
`desired pressure setpoint for the air
`a user.
`chamber . . .”); [0009] (“. . . [the] pressure
`
`adjustment system . . . compris[es] an air
`chamber, a pump in fluid communication
`with the air chamber and including a pump
`manifold and at least one valve, an input
`device adapted to receive a desired pressure
`setpoint selected by a user . . .”); [0018];
`[0019]; [0021]; [0048] (“The new pressure
`setpoint may be selected by, for example,
`manipulating pressure increase button 29 or
`pressure decrease button 30 on manual
`remote control 22.”); [0079]; FIGS. 1, 2, 5;
`Abstract.
`
`
`
`
`
`each applicable claim element, I have provided this single citation which applies
`
`equally throughout the claim elements addressed in Table 2A.
`
`9
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 11
`
`
`
`
`
`Table 2A
`Support in Ex. 1004:
`Column 2, lines 36-55; column 3, lines 26-
`57; column 4, lines 8-29 (“Left and right
`air hoses 116, 118 are fluidly coupled to
`the improved valve enclosure assembly
`100. The left and right air hoses 116, 118
`are fluidly coupled to the left and right
`bladders 122, 124 respectively of the air
`inflatable bed 120.”); column 7, lines 3-15;
`FIGS. 2-11; Abstract.
`My analysis:
`Based on the citations to the ’409
`Application provided below, a POSITA
`would understand there was support for (i)
`determining a pressure in the pump
`housing (or “pump manifold” or “valve
`enclosure”); and (ii) calculating a pressure
`target based on the selected pressure
`setpoint and a pressure adjustment factor.
`
`Support in Ex. 2081:
`[0008] (“The pressure target may be
`calculated based upon the desired pressure
`setpoint and a pressure adjustment
`factor.”); [0009] (“. . . [the] pressure
`
`20.3-20.4 –
`determining an initial pressure
`within the valve enclosure;
`calculating an inflate pressure target
`or a deflate pressure target based
`upon the desired pressure setpoint
`and a pressure adjustment factor,
`
`26.4-26.5
`determining an initial pressure
`within the valve enclosure;
`calculating an inflate pressure target
`or a deflate pressure target based
`upon the desired pressure setpoint
`and a pressure adjustment factor,
`
`10
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 12
`
`
`
`
`
`28.1
`The method of claim 26, wherein
`the step of selecting a desired
`pressure setpoint further includes
`selecting a first desired pressure
`setpoint for a first air bladder of the
`plurality of air bladders and
`selecting a second desired pressure
`setpoint for a second air bladder of
`the plurality of air bladders.
`
`32.4-32.6
`a pressure sensing means adapted to
`monitor pressure within the pump
`manifold; and
`a control device operably connected
`to the input device and to the
`pressure sensing means, the control
`device having control logic that is
`capable of: determining an initial
`pressure within the pump manifold;
`
`Table 2A
`adjustment system . . . compris[es] . . . a
`pressure sensing means adapted to monitor
`pressure within the pump manifold, and a
`control device operably connected to the
`input device and to the pressure sensing
`means. The control device includes control
`logic that is capable of calculating a
`manifold pressure target based upon the
`desired pressure setpoint and a pressure
`adjustment factor . . .”); [0020]; [0021];
`[0022] (“Microprocessor 36 is used to
`control various logic sequences of the
`present invention. Examples of such
`sequences are illustrated in FIGS. 5-7[.]”);
`[0046] (“For purposes of discussion only,
`the pressure adjustment method in
`accordance with the present invention will
`be described in reference to first chamber
`14A. However, those skilled in the art will
`appreciate that the pressure adjustment
`method applies in a similar manner to other
`chambers, such as second chamber 14B of
`bed 12.”); [0052] (“The sequence begins at
`step 152 when pressure transducer 46
`
`11
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 13
`
`
`
`20.5-20.8
`wherein the pressure adjustment
`factor is an inflate pressure
`adjustment factor that is used to
`calculate the inflate pressure target
`when the initial pressure within the
`valve enclosure is less than the
`desired pressure setpoint, and
`wherein the inflate pressure
`adjustment factor is an additive
`pressure adjustment factor, and the
`inflate pressure target for the valve
`enclosure is calculated by adding
`the desired pressure setpoint for the
`air bladder with the additive
`pressure adjustment factor;
`wherein the pressure adjustment
`factor is a deflate pressure
`adjustment factor that is used to
`calculate the deflate pressure target
`when the initial pressure within the
`valve enclosure is greater than the
`desired pressure setpoint;
`
`
`
`Table 2A
`samples the pressure within pump manifold
`43.”); [0053-0060]; FIGS. 2, 6-7; Abstract.
`My analysis:
`Based on citations to the ’409 Application
`provided below, a POSITA would
`understand there was support for (1) an
`additive pressure adjustment factor that
`was used to calculate a pressure target for
`inflation by adding the additive pressure
`adjustment factor and the desired pressure
`setpoint; (2) a multiplicative pressure
`adjustment factor that was used to calculate
`a pressure target for deflation by
`multiplying/dividing the multiplicative
`pressure adjustment factor and the desired
`pressure setpoint; and (3) that an inflate
`pressure target would be used when the
`initial pressure within the valve enclosure
`is less than the desired pressure setpoint
`and that a deflate pressure target would be
`used when the initial pressure within the
`valve enclosure is greater than the desired
`pressure setpoint.
`
`
`
`12
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 14
`
`
`
`
`
`wherein the deflate pressure
`adjustment factor is a multiplicative
`pressure adjustment factor, and the
`deflate pressure target for the valve
`enclosure is calculated by dividing
`the desired pressure setpoint for the
`air bladder by the multiplicative
`pressure adjustment factor,
`
`25.1
`The method of claim 20, wherein
`calculating the inflate pressure
`target uses a calculation consisting
`essentially of the desired pressure
`setpoint and the additive pressure
`adjustment factor.
`
`26.6-26.8
`wherein the pressure adjustment
`factor is an inflate pressure
`adjustment factor, consisting
`essentially of an additive pressure
`adjustment factor, that is used to
`calculate the inflate pressure target
`when the initial pressure within the
`
`Table 2A
`Support in Ex. 2081:
`[0008]; [0009]; [0028]; [0032] (“In
`particular, and as will be discussed in detail
`with reference to FIG. 4, modeling air bed
`system 10 as circuit diagram 50 results in
`an additive manifold pressure offset factor
`during an inflation cycle and a
`multiplicative manifold pressure factor
`during a deflation cycle.”); [0045]; [0046];
`[0053] (“If it is determined in step 158 that
`deflation of first chamber 14A is required,
`the method continues at step 160 where
`microprocessor 36 calculates a deflate
`pressure target, which corresponds to the
`sensed manifold pressure that will yield the
`desired pressure setpoint during a deflation
`cycle.”); [0054] (“Deflate Manifold
`Pressure Target = (Desired Pressure
`Setpoint) / (Deflate Factor)”); [0055];
`[0057] (“Alternatively, if it is determined
`in step 158 that inflation of first chamber
`14A is required, the method continues at
`step 164 where microprocessor 36
`calculates an inflate pressure target. The
`inflate pressure target corresponds to the
`
`13
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 15
`
`
`
`
`
`Table 2A
`sensed manifold pressure that will yield the
`desired pressure setpoint during an
`inflation cycle.”); [0058] (“Inflate Manifold
`Pressure Target = (Desired Pressure
`Setpoint) + (Inflate Offset Factor)”);
`[0059]; FIGS. 4-7; Abstract.
`
`valve enclosure is less than the
`desired pressure setpoint, and
`wherein the pressure adjustment
`factor is a deflate pressure
`adjustment factor, consisting
`essentially of a multiplicative
`pressure adjustment factor, that is
`used to calculate the deflate
`pressure target when the initial
`pressure within the valve enclosure
`is greater than the desired pressure
`setpoint;
`adjusting pressure within the at least
`one air bladder until a sensed
`pressure within the valve enclosure
`is substantially equal to the
`calculated deflate pressure target;
`
`32.7
`calculating a manifold pressure
`target based upon the desired
`pressure setpoint and a pressure
`adjustment factor, wherein an
`additive inflate pressure adjustment
`factor is used to calculate the
`
`14
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 16
`
`
`
`Table 2A
`
`
`
`manifold pressure target when the
`initial pressure within the pump
`manifold is less than the desired
`pressure setpoint, and wherein a
`multiplicative deflate pressure
`adjustment factor is used to
`calculate the manifold pressure
`target when the initial pressure
`within the pump manifold is greater
`than the desired pressure setpoint;
`20.9
`adjusting pressure within the air
`bladder until a sensed pressure
`within the valve enclosure is
`substantially equal to the calculated
`deflate pressure target;
`
`32.8-32.9
`monitoring pressure within the
`pump manifold;
`adjusting pressure within the air
`bladder until the sensed manifold
`pressure is within an acceptable
`pressure target error range of the
`calculated manifold pressure target,
`
`My analysis:
`Based on the citations to the ’409
`Application provided below, a POSITA
`would understand there was support for
`adjusting pressure in the air chamber (or
`“air bladder”) until the sensed pressure
`reaches either an acceptable pressure target
`error range or is substantially equal to the
`calculated pressure target.
`
`Support in Ex. 2081:
`[0008] (“. . . [the] method . . . compris[es] .
`. . adjusting pressure within the air chamber
`until a pressure within the pump housing is
`substantially equal to the pressure target . .
`
`15
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 17
`
`
`
`
`
`the acceptable pressure target error
`range having an upper limit and a
`lower limit, wherein, when the
`additive inflate pressure adjustment
`factor is used, the upper limit of the
`acceptable pressure target error
`range is the calculated manifold
`pressure target; and
`wherein, when the multiplicative
`deflate pressure adjustment factor is
`used, the lower limit of the
`acceptable pressure target error
`range is the calculated manifold
`pressure target;
`
`Table 2A
`.”); [0009] (“The control device includes
`control logic that is capable of . . .
`monitoring pressure within the pump
`manifold, adjusting pressure within the air
`chamber until the sensed manifold pressure
`is within an acceptable pressure target error
`range of the manifold pressure target . . .”);
`[0052] (“In one embodiment,
`microprocessor 36 calculates the difference
`between the sampled manifold pressure and
`the desired pressure setpoint selected by the
`user, and compares the difference to a
`predetermined, acceptable "error." The
`acceptable error may be any value greater
`than or equal to zero.”); [0057]; [0060];
`[0061]; [0062]; FIGS. 6-7; Abstract.
`
`20.10-20.11
`determining an actual bladder
`pressure within the air bladder;
`comparing the actual bladder
`pressure to the desired pressure
`setpoint to determine an adjustment
`factor error;
`
`
`
`My analysis:
`Based on the citations to the ’409
`Application provided below, a POSITA
`would understand there was support for (i)
`determining an actual pressure within the
`air chamber (or “air bladder”); and (ii)
`determining and/or quantifying an
`adjustment factor error by comparing the
`
`16
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 18
`
`
`
`
`
`Table 2A
`actual pressure to the desired pressure
`setpoint.
`
`Support in Ex. 2081:
`[0008] (“. . . [the] method . . . compris[es] .
`. . determining an actual chamber pressure
`within the air chamber, and comparing the
`actual chamber pressure to the desired
`pressure setpoint to determine an
`adjustment factor error.”); [0009] (“The
`control device includes control logic that is
`capable of . . . comparing an actual
`chamber pressure to the desired pressure
`setpoint to quantify an adjustment factor
`error. . .”); [0063-0067]; FIGS. 6-7;
`Abstract.
`
`26.9-26:10
`determining an actual bladder
`pressure within the at least one air
`bladder; comparing the actual
`bladder pressure of the at least one
`air bladder to the desired pressure
`setpoint to determine an adjustment
`factor error;
`
`
`32.10-32.11
`determining an actual air bladder
`pressure within the air bladder; if
`the actual air bladder pressure and
`the desired pressure setpoint are
`different, determining an adjustment
`factor error by quantifying a value
`representative of a difference
`between the actual air bladder
`pressure and the desired pressure
`setpoint;
`20.12-20.13
`modifying the additive pressure
`adjustment factor based upon the
`adjustment factor error following an
`inflate pressure adjustment; and
`
`My analysis:
`Based on the citations to the ’409
`Application provided below, a POSITA
`would understand there was support for
`changing or modifying the pressure
`
`17
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 19
`
`
`
`
`
`Table 2A
`adjustment factor based on the adjustment
`factor error.
`
`Support in Ex. 2081:
`[0004]; [0007]; [0008] (“Furthermore, the
`pressure adjustment factor may be
`modified based upon the adjustment factor
`error determined by comparing the actual
`chamber pressure to the desired pressure
`setpoint.”); [0009] (“The control device
`includes control logic that is capable of . . .
`calculating an updated pressure adjustment
`factor based upon the adjustment factor
`error.”); [0063-0067] (“Updated deflate
`adjustment factor = (Pressure setpoint
`from step 106) / (Manifold Pressure from
`Step 168)”); FIGS. 6-7; Abstract.
`
`modifying the multiplicative
`pressure adjustment factor based
`upon the adjustment factor error
`following a deflate pressure
`adjustment.
`
`26.11-26.12
`modifying the additive pressure
`adjustment factor based upon the
`adjustment factor error following an
`inflate pressure adjustment; and
`modifying the multiplicative
`pressure adjustment factor based
`upon the adjustment factor error
`following a deflate pressure
`adjustment.
`
`29.1
`The method of claim 26, wherein
`the step of modifying the pressure
`adjustment factor based upon the
`adjustment factor error includes
`determining a modified pressure
`adjustment factor which has a value
`that is not the same as an error value
`
`18
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 20
`
`
`
`
`
`Table 2A
`that equals a difference between the
`actual bladder pressure of the at
`least one air bladder and the desired
`pressure setpoint.
`
`30.1
`The method of claim 26, wherein
`the step of modifying the pressure
`adjustment factor based upon the
`adjustment factor error includes
`calculating a modified pressure
`adjustment factor by not using a
`value that represents a difference
`between the actual bladder pressure
`of the at least one air bladder and
`the desired pressure setpoint.
`
`32.12
`calculating an updated pressure
`adjustment factor based upon the
`adjustment factor error;
`21.1
`The method of claim 20, wherein
`the step of adjusting pressure within
`the air bladder further comprises
`
`My analysis:
`Based on the citation to the ’409 Application
`provided below, a POSITA would
`understand there was support for
`
`19
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 21
`
`
`
`simultaneously sensing pressure
`within the valve enclosure.
`
`22.1
`The method of claim 20, further
`including a step of determining a
`count configured to track a number
`of times the step of adjusting
`pressure within the air bladder
`occurs.
`
`
`
`
`
`Table 2A
`simultaneously sensing pressure within the
`pump housing (or “valve enclosure”).
`Support in Ex. 2081:
`Originally filed claim 2 (p.22) (“2. The
`method of claim 1, wherein the step of
`adjusting pressure within the air chamber
`further comprises simultaneously sensing
`pressure within the pump housing.”);
`[0023].
`My analysis:
`Based on the citations to the ’409
`Application provided below, a POSITA
`would understand there was support for (i)
`tracking a number of times the step of
`adjusting pressure within the air chamber (or
`“air bladder”) occurs; and (ii) subtracting the
`number of times the step of adjusting
`pressure within the air bladder occurs from a
`number of remaining attempts.
`
`Support in Ex. 2081:
`[0072] (“In particular, steps 151 and 182
`involve maintaining a count of the number
`of pressure adjustment attempts remaining
`during a pressure adjustment operation,
`
`20
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 22
`
`
`
`
`
`Table 2A
`while step 173 involves tracking elapsed
`time during an inflation or deflation cycle.”);
`[0073] (“With regard to steps 151 and 182,
`the number of pressure adjustment
`‘attempts’ may be tracked to limit the
`number of pressure adjustment iterations
`that pressure adjustment method 150A may
`perform after a new pressure setpoint has
`been selected. In particular, prior to sensing
`manifold pressure in step 152,
`microprocessor 36 determines if the number
`of remaining attempts is greater than zero. If
`the number of attempts remaining is greater
`than zero, then the method continues at step
`154 where microprocessor 36 determines if
`a pressure adjustment is required.”); [0074]
`(“If the pressure adjustment factor (either
`inflate or deflate) is modified in step 180,
`then the number of remaining attempts is
`decremented by one attempt in step 182.”);
`FIG. 7.
`My analysis:
`
`23.1
`
`The method of claim 20, wherein
`calculating the deflate pressure
`target uses a calculation consisting
`
`Based on the citations to the ’409
`Application provided below, a POSITA
`would understand there was support for (i)
`
`21
`
`Sleep Number Corp.
`EXHIBIT 2079
`IPR2019-00500
`Page 23
`
`
`
`essentially of the desired pressure
`setpoint and the multiplicative
`pressure adjustment factor
`
`25.1
`
`The method of claim 20, wherein
`calculating the inflate pressure
`target uses a calculation consisting
`essentially of the desired pressure
`setpoint and the additive pressure
`adjustment factor
`
`26.6
`
`wherein the pressure adjustment
`factor is an inflate pressure
`adjustment factor, consisting
`essentially of an additive pressure
`adjustment factor, that is used to
`calculate the inflate pressure target
`when the initial pressure within the
`valve enclosure is less than the
`desired pressure setpoint,
`
`26.7
`wherein the pressure adjustment
`factor is a deflate pressure
`
`
`
`Table 2A
`calculating an inflate pressure target
`consisting essentially of an additive pressure
`adjustment factor and a desired pressure
`setpoint; and (ii) calculating a deflate
`pressure target consisting essentially of a
`multiplicative pressure adjustment factor
`and a desired pressure setpoint.
`
`
`
`Support in Ex. 2081:
`[0032] (“In particular, and as will be
`discussed in detail with reference to FIG. 4,
`modeling air bed system 10 as circuit
`diagram 50 results in an additive manifold
`pressure offset factor during an inflation
`cycle and a multiplicative manifold pressure
`factor during a deflation cycle.”); [0035];
`[0036]; [0045] (“As illustrated in FIG. 4, in
`the first portion 71 of the graph 70
`representing inflation of the chamber, lines
`76 and 78 are g