Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`
`1. ’172 Patent
`
`a. Lack of Written Description under § 112, ¶ 1
`
`The asserted claims of the ’172 patent are invalid for failure to satisfy the written description
`requirement of § 112, ¶ 1. To the extent the following claim elements are even definite under §
`112, ¶ 2, the application that became the ’1172 patent fails to sufficiently describe the
`following:1
`
`• valve enclosure assembly
`•
`for use with an air inflatable mattress
`• a processor for providing commands to the improved valve enclosure assembly during an
`inflate/deflate cycle
`• an enclosure
`• an enclosure defining a substantially fluidly sealed air chamber
`• guides
`• stops
`• correctly positioning components within the enclosure
`• components
`• within the enclosure
`• valve
`• valve . . . being in selective fluid communication with the air chamber
`• valve . . . being in fluid communication with the at leave one air bladder
`• pressure monitor means
`• being operably coupled to the processor
`•
`for continuously monitoring the pressure in the at least one bladder
`•
`for monitoring the pressure in the at least one bladder
`• pressure monitor means . . . being in fluid communication with the at least one valve
`•
`two or more valves being in fluid communication with both the exterior of the enclosure
`and with the air chamber
`• solenoid is at least partially received within the air chamber of the enclosure
`• a pressure monitoring port defining an opening through the enclosure and into an interior
`of the air chamber
`
`
`1 Plaintiff’s infringement contentions are overly broad, vague, and fail to provide notice of Plaintiff’s infringement
`theory (if Plaintiff even has one), and therefore are deficient. Plaintiff’s infringement contentions fail to
`demonstrate how various claim limitation provide any meaningful limitations on claims and imply an overly broad
`claim scope. Plaintiff is also intentionally withhold identification of specific lines and variable names in source
`code that it believes to meet various claim limitation. Accordingly, the claims, at least as asserted by Plaintiff, lack
`written description. Defendants reserve the right amend or supplement and refine its invalidity theories when
`Plaintiff provides proper infringement contentions that properly disclose its infringement theory and its
`constructions (if Plaintiff has a legitimate theory and constructions).
`
`
`
`
`
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 1
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`•
`
`the pressure sensor configured for continuously monitoring . . . during an inflate/deflate
`cycle
`• enclosure portion
`•
`rear cover portion
`• substantially
`• partially
`•
`flexible seal
`• compressively interposed
`
`Furthermore, Plaintiff has alleged that certain limitations are implemented in software, firmware,
`and/or source code. However, the specification of this patent does not disclose any software,
`firmware, and/or source code. Thus, this patent fails to provide adequate disclosure and is
`invalid for lack of written description.
`
`To the extent a specific basis for invalidity is provided with respect to any claim from which any
`other claim depends, that basis should be understood to also apply to such dependent claims.
`
`b. Lack of Enablement under § 112, ¶ 1
`
`The asserted claims of the ’172 patent are invalid for failure to satisfy the enablement
`requirement of § 112, ¶ 1. To the extent the following claim elements are even definite under §
`112, ¶ 2, the application that became the ’172 patent fails to enable one of ordinary skill in the art
`to make and use the following:2
`
`• valve enclosure assembly
`•
`for use with an air inflatable mattress
`• a processor for providing commands to the improved valve enclosure assembly during an
`inflate/deflate cycle
`• an enclosure
`• an enclosure defining a substantially fluidly sealed air chamber
`• guides
`• stops
`• correctly positioning components within the enclosure
`• components
`• within the enclosure
`• valve
`
`
`2 Plaintiff’s infringement contentions are overly broad, vague, and fail to provide notice of Plaintiff’s infringement
`theory (if Plaintiff even has one), and therefore are deficient. Plaintiff’s infringement contentions fail to
`demonstrate how various claim limitation provide any meaningful limitations on claims and imply an overly broad
`claim scope. Plaintiff is also intentionally withhold identification of specific lines and variable names in source
`code that it believes to meet various claim limitation. Accordingly, the claims, at least as asserted by Plaintiff, are
`not enabled. Defendants reserve the right amend or supplement and refine its invalidity theories when Plaintiff
`provides proper infringement contentions that properly disclose its infringement theory and its constructions (if
`Plaintiff has a legitimate theory and constructions).
`
`
`
`
`2
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 2
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`• valve . . . being in selective fluid communication with the air chamber
`• valve . . . being in fluid communication with the at leave one air bladder
`• pressure monitor means
`• being operably coupled to the processor
`•
`for continuously monitoring the pressure in the at least one bladder
`•
`for monitoring the pressure in the at least one bladder
`• pressure monitor means . . . being in fluid communication with the at least one valve
`•
`two or more valves being in fluid communication with both the exterior of the enclosure
`and with the air chamber
`• solenoid is at least partially received within the air chamber of the enclosure
`• a pressure monitoring port defining an opening through the enclosure and into an interior
`of the air chamber
`the pressure sensor configured for continuously monitoring . . . during an inflate/deflate
`cycle
`• enclosure portion
`•
`rear cover portion
`• substantially
`• partially
`•
`flexible seal
`• compressively interposed
`
`•
`
`To the extent a specific basis for invalidity is provided with respect to any claim from which any
`other claim depends, that basis should be understood to also apply to such dependent claims.
`
`Furthermore, Plaintiff has alleged that certain limitations are implemented in software, firmware,
`and/or source code. However, the specification of this patent does not disclose any software,
`firmware, and/or source code. Thus, this patent fails to provide adequate disclosure and is
`invalid for lack of enablement.
`
`c. Indefiniteness under § 112, ¶ 2
`
`The asserted claims of the ’172 patent are invalid as indefinite under § 112, ¶ 2. The following
`claim elements are indefinite:3
`
`• valve enclosure assembly
`
`
`3 Plaintiff’s infringement contentions are overly broad, vague, and fail to provide notice of Plaintiff’s infringement
`theory (if Plaintiff even has one), and therefore are deficient. Plaintiff’s infringement contentions fail to
`demonstrate how various claim limitation provide any meaningful limitations on claims and imply an overly broad
`claim scope. Plaintiff is also intentionally withhold identification of specific lines and variable names in source
`code that it believes to meet various claim limitation. Accordingly, the claims, at least as asserted by Plaintiff, are
`indefinite as the specification and claim does not provide sufficient notice of the bounds of the claims. Defendants
`reserve the right amend or supplement and refine its invalidity theories when Plaintiff provides proper infringement
`contentions that properly disclose its infringement theory and its constructions (if Plaintiff has a legitimate theory
`and constructions).
`
`
`
`
`3
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 3
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`•
`for use with an air inflatable mattress
`• a processor for providing commands to the improved valve enclosure assembly during an
`inflate/deflate cycle
`• an enclosure
`• an enclosure defining a substantially fluidly sealed air chamber
`• guides
`• stops
`• correctly positioning components within the enclosure
`• components
`• within the enclosure
`• valve
`• valve . . . being in selective fluid communication with the air chamber
`• valve . . . being in fluid communication with the at leave one air bladder
`• pressure monitor means
`• being operably coupled to the processor
`•
`for continuously monitoring the pressure in the at least one bladder
`•
`for monitoring the pressure in the at least one bladder
`• pressure monitor means . . . being in fluid communication with the at least one valve
`•
`two or more valves being in fluid communication with both the exterior of the enclosure
`and with the air chamber
`• solenoid is at least partially received within the air chamber of the enclosure
`• a pressure monitoring port defining an opening through the enclosure and into an interior
`of the air chamber
`the pressure sensor configured for continuously monitoring . . . during an inflate/deflate
`cycle
`• enclosure portion
`•
`rear cover portion
`• substantially
`• partially
`•
`flexible seal
`• compressively interposed
`
`•
`
`Furthermore, Plaintiff has alleged that certain limitations are implemented in software, firmware,
`and/or source code. However, the specification of this patent does not disclose any software,
`firmware, and/or source code. Thus, this patent fails to provide adequate disclosure and
`reasonable notice of claim scope and is invalid as indefinite.
`
`To the extent a specific basis for invalidity is provided with respect to any claim from which any
`other claim depends, that basis should be understood to also apply to such dependent claims.
`
`d. Means Plus Function under § 112, ¶ 6
`
`
`
`
`4
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 4
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`The following term(s) are subject to § 112, ¶ 6 and render the claim invalid for failure to provide
`sufficient or where the corresponding structure cannot be identified:4
`
`• pressure monitor means
`
`Furthermore, Plaintiff has alleged that this claim and various limitation(s) thereof is implemented
`in software, firmware, and/or source code. However, the specification of this patent does not
`disclose any software, firmware, and/or source code. Thus, this patent fails to provide adequate
`disclosure and corresponding structure and is invalid as indefinite and/or for lack of written
`description or enablement.
`
`2. ’747 Patent
`
`a. Lack of Written Description under § 112, ¶ 1
`
`The asserted claims of the ’747 patent are invalid for failure to satisfy the written description
`requirement of § 112, ¶ 1. To the extent the following claim elements are even definite under §
`112, ¶ 2, the application that became the ’747 patent fails to sufficiently describe the following:5
`
`• providing or receiving an air bed
`• selecting a desired pressure setpoint for the air chamber
`• desired pressure setpoint
`• determining an initial pressure within the pump housing
`• pump housing
`• within pump housing
`•
`initial pressure
`• pressure target
`• pressure adjustment factor
`•
`inflate pressure adjustment factor
`• deflate pressure adjustment factor
`• adjusting pressure . . .
`• sensed pressure
`
`
`4 Plaintiff admits that the corresponding structure cannot be identified in the specification by failing to identify the
`corresponding structure in the specification in its infringement contentions or otherwise. Plaintiff admits further that
`the corresponding structure lacks written description or enabling disclosure by failing to identify the corresponding
`structure in the specification in its infringement contentions or otherwise. Thus, the claims are invalid as indefinite
`and/or for lack of written description or enablement.
`5 Plaintiff’s infringement contentions are overly broad, vague, and fail to provide notice of Plaintiff’s infringement
`theory (if Plaintiff even has one), and therefore are deficient. Plaintiff’s infringement contentions fail to
`demonstrate how various claim limitation provide any meaningful limitations on claims and imply an overly broad
`claim scope. Plaintiff is also intentionally withhold identification of specific lines and variable names in source
`code that it believes to meet various claim limitation. Accordingly, the claims, at least as asserted by Plaintiff, lack
`written description. Defendants reserve the right amend or supplement and refine its invalidity theories when
`Plaintiff provides proper infringement contentions that properly disclose its infringement theory and its
`constructions (if Plaintiff has a legitimate theory and constructions).
`
`
`
`
`5
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 5
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`• substantially equal
`• calculated pressure target
`• determining an actual chamber pressure within the air chamber
`• actual chamber pressure
`• within the air chamber
`• comparing the actual chamber pressure to the desired pressure setpoint to determine an
`adjustment factor error
`• determining an adjustment factor error
`• adjustment factor error
`• modifying the pressure adjustment factor based upon the adjustment factor error
`• simultaneously sensing pressure
`• multiplicative pressure adjustment factor
`• additive pressure adjustment factor
`• a tube extending between the chamber and the pump
`• determining an initial pressure within the pump manifold
`• pump manifold
`• within the pump manifold
`• manifold pressure target
`• sensing pressure within the pump manifold
`• sensing pressure
`• sensed manifold pressure
`• acceptable pressure target error rage
`• acceptable
`• storing the modified pressure adjustment factor in memory
`• modified pressure adjustment factor
`•
`input device
`• pressure sensing means
`• adapted to monitor
`• a desired pressure setpoint selected by a user
`• control logic that is capable of
`• capable of
`• monitoring pressure within the pump manifold
`• monitoring pressure
`• comparing an actual chamber pressure to the desired pressure setpoint to quantify an
`adjustment factor error
`• quantify
`• calculating an updated pressure adjustment factor based upon the adjustment factor error
`
`
`
`
`
`Furthermore, Plaintiff has alleged that certain limitations are implemented in software, firmware,
`and/or source code. However, the specification of this patent does not disclose any software,
`
`
`
`
`6
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 6
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`firmware, and/or source code. Thus, this patent fails to provide adequate disclosure and is
`invalid for lack of written description.
`
`To the extent a specific basis for invalidity is provided with respect to any claim from which any
`other claim depends, that basis should be understood to also apply to such dependent claims.
`
`b. Lack of Enablement under § 112, ¶ 1
`
`The asserted claims of the ’747 patent are invalid for failure to satisfy the enablement
`requirement of § 112, ¶ 1. To the extent the following claim elements are even definite under §
`112, ¶ 2, the application that became the ’747 patent fails to enable one of ordinary skill in the art
`to make and use the following:6
`
`• providing or receiving an air bed
`• selecting a desired pressure setpoint for the air chamber
`• desired pressure setpoint
`• determining an initial pressure within the pump housing
`• pump housing
`• within pump housing
`•
`initial pressure
`• pressure target
`• pressure adjustment factor
`•
`inflate pressure adjustment factor
`• deflate pressure adjustment factor
`• adjusting pressure . . .
`• sensed pressure
`• substantially equal
`• calculated pressure target
`• determining an actual chamber pressure within the air chamber
`• actual chamber pressure
`• within the air chamber
`• comparing the actual chamber pressure to the desired pressure setpoint to determine an
`adjustment factor error
`• determining an adjustment factor error
`• adjustment factor error
`• modifying the pressure adjustment factor based upon the adjustment factor error
`
`6 Plaintiff’s infringement contentions are overly broad, vague, and fail to provide notice of Plaintiff’s infringement
`theory (if Plaintiff even has one), and therefore are deficient. Plaintiff’s infringement contentions fail to
`demonstrate how various claim limitation provide any meaningful limitations on claims and imply an overly broad
`claim scope. Plaintiff is also intentionally withhold identification of specific lines and variable names in source
`code that it believes to meet various claim limitation. Accordingly, the claims, at least as asserted by Plaintiff, are
`not enabled. Defendants reserve the right amend or supplement and refine its invalidity theories when Plaintiff
`provides proper infringement contentions that properly disclose its infringement theory and its constructions (if
`Plaintiff has a legitimate theory and constructions).
`
`
`
`
`7
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 7
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`• simultaneously sensing pressure
`• multiplicative pressure adjustment factor
`• additive pressure adjustment factor
`• a tube extending between the chamber and the pump
`• determining an initial pressure within the pump manifold
`• pump manifold
`• within the pump manifold
`• manifold pressure target
`• sensing pressure within the pump manifold
`• sensing pressure
`• sensed manifold pressure
`• acceptable pressure target error rage
`• acceptable
`• storing the modified pressure adjustment factor in memory
`• modified pressure adjustment factor
`•
`input device
`• pressure sensing means
`• adapted to monitor
`• a desired pressure setpoint selected by a user
`• control logic that is capable of
`• capable of
`• monitoring pressure within the pump manifold
`• monitoring pressure
`• comparing an actual chamber pressure to the desired pressure setpoint to quantify an
`adjustment factor error
`• quantify
`• calculating an updated pressure adjustment factor based upon the adjustment factor error
`To the extent a specific basis for invalidity is provided with respect to any claim from which any
`other claim depends, that basis should be understood to also apply to such dependent claims.
`
`Furthermore, Plaintiff has alleged that certain limitations are implemented in software, firmware,
`and/or source code. However, the specification of this patent does not disclose any software,
`firmware, and/or source code. Thus, this patent fails to provide adequate disclosure and is
`invalid for lack of enablement.
`
`c. Indefiniteness under § 112, ¶ 2
`
`The asserted claims of the ’747 patent are invalid as indefinite under § 112, ¶ 2. The following
`claim elements are indefinite:7
`
`
`7 Plaintiff’s infringement contentions are overly broad, vague, and fail to provide notice of Plaintiff’s infringement
`theory (if Plaintiff even has one), and therefore are deficient. Plaintiff’s infringement contentions fail to
`
`
`
`
`8
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 8
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`• providing or receiving an air bed
`• selecting a desired pressure setpoint for the air chamber
`• desired pressure setpoint
`• determining an initial pressure within the pump housing
`• pump housing
`• within pump housing
`•
`initial pressure
`• pressure target
`• pressure adjustment factor
`•
`inflate pressure adjustment factor
`• deflate pressure adjustment factor
`• adjusting pressure . . .
`• sensed pressure
`• substantially equal
`• calculated pressure target
`• determining an actual chamber pressure within the air chamber
`• actual chamber pressure
`• within the air chamber
`• comparing the actual chamber pressure to the desired pressure setpoint to determine an
`adjustment factor error
`• determining an adjustment factor error
`• adjustment factor error
`• modifying the pressure adjustment factor based upon the adjustment factor error
`• simultaneously sensing pressure
`• multiplicative pressure adjustment factor
`• additive pressure adjustment factor
`• a tube extending between the chamber and the pump
`• determining an initial pressure within the pump manifold
`• pump manifold
`• within the pump manifold
`• manifold pressure target
`• sensing pressure within the pump manifold
`• sensing pressure
`• sensed manifold pressure
`• acceptable pressure target error rage
`
`
`demonstrate how various claim limitation provide any meaningful limitations on claims and imply an overly broad
`claim scope. Plaintiff is also intentionally withhold identification of specific lines and variable names in source
`code that it believes to meet various claim limitation. Accordingly, the claims, at least as asserted by Plaintiff, are
`indefinite as the specification and claim does not provide sufficient notice of the bounds of the claims. Defendants
`reserve the right amend or supplement and refine its invalidity theories when Plaintiff provides proper infringement
`contentions that properly disclose its infringement theory and its constructions (if Plaintiff has a legitimate theory
`and constructions).
`
`
`
`
`9
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 9
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`• acceptable
`• storing the modified pressure adjustment factor in memory
`• modified pressure adjustment factor
`•
`input device
`• pressure sensing means
`• adapted to monitor
`• a desired pressure setpoint selected by a user
`• control logic that is capable of
`• capable of
`• monitoring pressure within the pump manifold
`• monitoring pressure
`• comparing an actual chamber pressure to the desired pressure setpoint to quantify an
`adjustment factor error
`• quantify
`• calculating an updated pressure adjustment factor based upon the adjustment factor error
`
`Furthermore, Plaintiff has alleged that certain limitation are implemented in software, firmware,
`and/or source code. However, the specification of this patent does not disclose any software,
`firmware, and/or source code. Thus, this patent fails to provide adequate disclosure and
`reasonable notice of claim scope and is invalid as indefinite.
`
`To the extent a specific basis for invalidity is provided with respect to any claim from which any
`other claim depends, that basis should be understood to also apply to such dependent claims.
`
`d. Means Plus Function under § 112, ¶ 6
`
`The following term(s) are subject to § 112, ¶ 6 and render the claim invalid for failure to provide
`sufficient or where the corresponding structure cannot be identified:8
`
`•
`•
`•
`•
`•
`•
`•
`•
`•
`
`[mean for] providing or receiving. . .
`[mean for] selecting . . .
`[mean for] adjusting . . .
`[mean for] determining . . .
`[mean for] comparing . . .
`[mean for] modifying . . .
`[mean for] calculating . . .
`[mean for] sensing . . .
`[mean for] storing . . .
`
`
`8 Plaintiff admits that the corresponding structure cannot be identified in the specification by failing to identify the
`corresponding structure in the specification in its infringement contentions or otherwise. Plaintiff admits further that
`the corresponding structure lacks written description or enabling disclosure by failing to identify the corresponding
`structure in the specification in its infringement contentions or otherwise. Thus, the claims are invalid as indefinite
`and/or for lack of written description or enablement.
`
`
`
`
`10
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 10
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`•
`input device [means] adapted to . . .
`• pressure sensing means adapt to . . .
`• control device [means]
`• control logic [means]
`
`Furthermore, Plaintiff has alleged that certain limitations are implemented in software, firmware,
`and/or source code. However, the specification of this patent does not disclose any software,
`firmware, and/or source code. Thus, this patent fails to provide adequate disclosure and
`corresponding structure and is invalid as indefinite and/or for lack of written description or
`enablement.
`
`3. ’154 Patent
`
`a. Lack of Written Description under § 112, ¶ 1
`
`The asserted claims of the ’154 patent are invalid for failure to satisfy the written description
`requirement of § 112, ¶ 1. To the extent the following claim elements are even definite under §
`112, ¶ 2, the application that became the ’154 patent fails to sufficiently describe the following:9
`
`• pump housing
`•
`receiving a selection for a desired pressure setpoint for the air chamber
`•
`receiving a selection
`• desired pressure setpoint
`•
`for the air chamber
`• calculating a pressure target for the pump housing, wherein the pressure target for the
`pump housing is calculated based upon the desired pressure setpoint for the air chamber
`and a pressure adjustment factor
`• pressure target for the pump housing
`• pressure target
`• pressure adjustment factor
`• adjusting pressure within the air chamber until a pressure sensed within the pump
`housing is substantially equal to the pressure target
`• adjusting pressure . . . until . . .
`• pressure sensed
`• within the pump housing
`• substantially equal
`
`
`9 Plaintiff’s infringement contentions are overly broad, vague, and fail to provide notice of Plaintiff’s infringement
`theory (if Plaintiff even has one), and therefore are deficient. Plaintiff’s infringement contentions fail to
`demonstrate how various claim limitation provide any meaningful limitations on claims and imply an overly broad
`claim scope. Plaintiff is also intentionally withhold identification of specific lines and variable names in source
`code that it believes to meet various claim limitation. Accordingly, the claims, at least as asserted by Plaintiff, lack
`written description. Defendants reserve the right amend or supplement and refine its invalidity theories when
`Plaintiff provides proper infringement contentions that properly disclose its infringement theory and its
`constructions (if Plaintiff has a legitimate theory and constructions).
`
`
`
`
`11
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 11
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`• determining an actual chamber pressure within the air chamber
`• actual chamber pressure
`• comparing . . . to determine an adjustment factor error
`• adjustment factor error
`• modifying the pressure adjustment factor based upon the adjustment factor error
`• pressure sensed
`• sensed simultaneously while adjusting pressure
`• deflate pressure target
`• multiplicative pressure adjustment factor
`•
`inflate pressure target
`• additive pressure adjustment factor
`• modified pressure adjustment factor
`• modified pressure target
`• substantially equal
`• selecting a desired pressure setpoint for the air chamber
`• calculating a manifold pressure target, wherein the manifold pressure target is calculated
`based upon the desired pressure setpoint for the air chamber and a pressure adjustment
`factor, wherein the manifold pressure target is calculated to approximate the desired
`pressure setpoint for the air chamber as modified by the pressure adjustment factor to
`account for differences between sensing pressure in the manifold and sensing pressure in
`the air chamber
`• manifold pressure target
`• calculated to approximate
`• as modified by
`• sensing pressure within the manifold
`• sensing pressure in the air chamber
`• sensing pressure within the pump manifold
`• adjusting pressure within the air chamber until . . .
`• within an acceptable pressure target error range of the manifold pressure target
`• acceptable
`• pressure target error range
`• an actual chamber pressure within the air chamber;
`• actual chamber pressure
`• within the air chamber
`• modifying . . . to create a modified pressure adjustment factor configured to more
`accurately account for differences between sensing pressure in the manifold and sensing
`pressure in the air chamber
`• modified pressure adjustment factor
`• more accurately account for differences
`• sensing pressure in the manifold
`• sensing pressure in the air chamber
`• storing . . . in memory
`
`12
`
`WA 11846086.4
`
`
`
`
`
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 12
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`
`•
`
`• calculating a modified manifold pressure target, wherein the modified manifold pressure
`target is calculated based upon the desired pressure setpoint for the air chamber and the
`modified pressure adjustment factor
`• modified manifold pressure target
`• adjusting pressure within the air chamber until pressure sensed within the pump manifold
`is substantially equal to the modified manifold pressure target
`• updated pressure adjustment factor
`•
`repeating steps (b)-(g) using the updated pressure adjustment factor in place of the
`pressure adjustment factor
`the pressure within the pump housing is a pressure within a manifold within the pump
`housing
`•
`input device
`• pressure sensing means
`• adapted to monitor
`• sensed pump manifold pressure
`• manifold pressure target
`• corresponds to and is different than
`• a desired pressure setpoint selected by a user
`• control logic that is capable of
`• capable of
`• monitoring pressure within the pump manifold
`• monitoring pressure
`• comparing an actual chamber pressure to the desired pressure setpoint to quantify an
`adjustment factor error
`• quantify
`• calculating an updated pressure adjustment factor based upon the adjustment factor error
`
`Furthermore, Plaintiff has alleged that certain limitations are implemented in software, firmware,
`and/or source code. However, the specification of this patent does not disclose any software,
`firmware, and/or source code. Thus, this patent fails to provide adequate disclosure and is
`invalid for lack of written description.
`
`To the extent a specific basis for invalidity is provided with respect to any claim from which any
`other claim depends, that basis should be understood to also apply to such dependent claims.
`
`b. Lack of Enablement under § 112, ¶ 1
`
`The asserted claims of the ’154 patent are invalid for failure to satisfy the enablement
`requirement of § 112, ¶ 1. To the extent the following claim elements are even definite under §
`
`
`
`
`13
`
`WA 11846086.4
`
`Sleep Number Corp.
`EXHIBIT 2013
`IPR2019-00500
`Page 13
`
`

`

`Exhibit E
`
`Defendant’s Grounds of Invalidity Based on 35 U.S.C. § 112
`Pursuant to P.R. 3-3(d)
`
`
`112, ¶ 2, the application that became the ’154 patent fails to enable one of ordinary skill in the art
`to make and use the following:10
`
`• pump housing
`•
`receiving a selection for a desired pressure setpoint for the air chamber
`•
`receiving a selection
`• desired pressure setpoint
`•
`for the air chamber
`• calculating a pressure target for the pump housing, wherein the pressure target for the
`pump housing is calculated based upon the desired pressure setpoint for the air chamber
`and a pressure adjustment factor
`• pressure target for the pump housing
`• pressure target
`• pressure adjustment factor
`• adjusting pressure within the air chamber until a pressure sensed within the pump
`housing is substantially equal to the pressure target
`• adjusting pressure . . . until . . .
`• pressure sensed
`• within