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. IPR2019-00500
`Patent No. 9.737,154
`____________
`
`DECLARATION OF DR. WILLIAM C. MESSNER
`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 1
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN NATIONAL MANUFACTURING INC.,
`Petitioner,
`v.
`SELECT COMFORT CORPORATION,
`Patent Owner.
`____________
`Case No. IPR2019-00500
`Patent No. 9.737,154
`____________
`
`DECLARATION OF DR. WILLIAM C. MESSNER
`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 1
`
`
`
`TABLE OF CONTENTS
`BACKGROUND ............................................................................................ 3
`I.
`QUALIFICATIONS ....................................................................................... 4
`II.
`III. RELEVANT FIELD AND LEVEL OF ORDINARY SKILL IN THE
`ART ................................................................................................................ 6
`IV. MATERIALS REVIEWED ........................................................................... 8
`V.
`THE UNDERSTANDINGS APPLIED TO MY ANALYSIS ..................... 10
`VI. BRIEF SUMMARY OF THE ‘154 PATENT AND PRIOR ART .............. 14
`A.
`The ‘154 Patent .................................................................................. 14
`B.
`Summary of the Asserted Prior Art .................................................... 21
`
`1
`
`
`
`C.
`
`There is No Motivation to Combine Gifft-Mittal with Pillsbury or
`Ebel ..................................................................................................... 56
`IMPERMISSIBLE HINDSIGHT ................................................................. 58
`PETITIONER FAILS TO IDENTIFY EACH LIMITATION OF THE
`CLAIMS IN THE ASSERTED ART ........................................................... 61
`
`X.
`XI.
`
`2
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 3
`
`
`
`I.
`
`BACKGROUND
`I, William C. Messner, make the present Declaration in support of the Patent
`
`Owner’s Preliminary Response rebutting the Petition for Inter Partes Review (IPR)
`
`of U.S. Patent 9,737,154 (the ‘154 Patent) (Ex. 1001). 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 prepare a declaration that will be used in its Patent
`
`Owner’s Preliminary Response to the inter partes review proceedings related to
`
`Patent Number 9,737,154 (referred to as the “’154 Patent”), and to opine regarding
`
`the applicability of prior art references and arguments presented by petitioner. 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 or the ‘154 Patent.
`
`2.
`
`This declaration briefly sets forth my background and qualifications to
`
`provide my opinion, describes the technology at issue and background of the art,
`
`identifies the materials I reviewed to prepare this declaration, and sets forth my
`
`understanding of the patent claims at issue and my analysis regarding the application
`
`to the patent claims of the prior art provided to me. I reserve the right to supplement
`
`3
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 4
`
`
`
`my opinions in the future, to clarify responses where appropriate, and to take into
`
`account new information as it becomes available to me.
`
`II. QUALIFICATIONS
`3.
`My qualifications as an expert in the general field of mechanical and
`
`electrical engineering are set forth in the paragraphs below and in my curriculum
`
`vitae, attached as Appendix A.
`
`4.
`
`I received a B.S. in mathematics from Massachusetts Institute of
`
`Technology (“MIT”) in Cambridge, MA in 1985. I received an M.S. and Ph.D. in
`
`mechanical engineering at the University of California, Berkeley in Berkeley, CA in
`
`1989 and 1992, respectively.
`
`5.
`
`Following my graduation from MIT, I worked as an engineer at BBN
`
`Laboratories in Newport, RI where I developed software for analyzing data from
`
`tests of a new torpedo under development for the US Navy. After receiving my
`
`Ph.D., I joined the Department of Mechanical Engineering at Carnegie Mellon
`
`University (CMU) in 1993. At CMU I held courtesy appointments with the
`
`Department of Electrical and Computer Engineering and with the Robotics Institute.
`
`There I specialized in control and design for data storage systems, robotics, and
`
`microfluidics. I was the leader the of the Servo Control effort at CMU’s Data Storage
`
`Systems Center. I had extensive work in robotics including developing flight
`
`controls for unmanned air vehicles (UAVs), developing autonomous vehicles for
`
`4
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 5
`
`
`
`off-road operation for the Grand Challenges competitions of the Defense Advanced
`
`Research Projects Agency (DARPA) in 2004 and 2005, and being the leader of the
`
`Augmented Harvest effort for the Comprehensive Automation for Specialty Crops
`
`project.
`
`6.
`
`In the September of 2012, I moved from CMU to Tufts University to
`
`become the Chair of the Department of Mechanical Engineering, a position that I
`
`held for three years. Currently, I am a professor in the Department of Mechanical
`
`Engineering at Tufts University and I hold a secondary appointment in the
`
`Department of Electrical and Computer Engineering. I remain affiliated with CMU
`
`as an adjunct professor in the Department of Mechanical Engineering there. In
`
`recent years my research has emphasized control and design for atomic force
`
`microscopes, bioreactors for whole
`
`joints for osteoarthritis research, and
`
`development of robotic assistance for activities of daily living for persons with high
`
`level spinal cord injury, in addition to continuing work on data storage systems and
`
`microfuidics.
`
`7.
`
`I am a member of several Honor Societies, including the Tau Beta Pi
`
`(The Engineering Honor Society), Sigma Xi (The Scientific Research Honor
`
`Society), and Phi Beta Kappa. I am a Fellow of the American Association for the
`
`Advancement of Science (AAAS), a Fellow of the American Society of Mechanical
`
`Engineers (ASME), and a Senior Member of the Institute of Electrical and Electronic
`
`5
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 6
`
`
`
`Engineers (IEEE), and a member of the American Society of Engineering Educators
`
`(ASEE).
`
`8.
`
`I am a named inventor on eight (8) patents, include three related to
`
`design and control of microfluidic systems.
`
`9.
`
`I have authored or co-authored over 75 papers, which have been
`
`published in refereed journals including, but not limited to, Journal of the American
`
`Chemical Society, IEEE Transactions on Control Systems Technology, Lab on a
`
`Chip, PLOS One, and Proceedings of the National Academy. Some of these papers
`
`address fluid pressure and fluid flow in electro-mechanical systems.
`
`10.
`
`The opinions expressed below are mine and were developed after
`
`studying the Petition and supporting evidence and the ‘154 Patent and other
`
`documents referenced herein. These opinions are based on my knowledge and
`
`experience and on my understanding of what a person of ordinary skill in the art
`
`would have understood in April of 2008.
`
`III. RELEVANT FIELD AND LEVEL OF ORDINARY SKILL IN THE
`
`ART
`
`11.
`
`I have reviewed the ‘154 Patent and portions of its prosecution history
`
`in the United States Patent and Trademark Office. Specifically, I have reviewed the
`
`‘154 Patent and its prosecution history in relation to the systems and methods for
`
`6
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 7
`
`
`
`adjusting pressure in an air bed as recited in claims 1-22, which I understand to be
`
`at issue in the present inter partes review.
`
`12. Based on my review, I believe that the relevant field for analyzing the
`
`‘154 patent is adjustable air mattress bed systems.
`
`13.
`
`The first page of the ‘154 Patent states that it was filed on May 21,
`
`2014. The ‘154 Patent is a continuation of, and therefore includes a priority claim
`
`to, utility application no. 12/936,084 (“the ‘084 application”), which was filed as
`
`part of the Patent Cooperation Treaty as application No. PCT/US2008/059409 on
`
`April 4, 2008. I further understand the ‘084 application issued as U.S. Patent No.
`
`8,769,747 (“the ‘747 Patent”). Accordingly, the relevant timeframe for analyzing the
`
`‘154 Patent is prior to April 4, 2008.
`
`14. Based on my experience described above and contained in my C.V., I
`
`have an established understanding of the relevant field in the relevant timeframe,
`
`and the knowledge that would have been known by a person of ordinary skill in the
`
`art in the relevant field during the relevant timeframe. A person having ordinary skill
`
`in the art (“POSITA”) during the relevant timeframe would have been a person with
`
`at least a bachelor’s degree in mechanical engineering or electrical engineering and
`
`at least one to two years of experience in the development of mechanical and
`
`electrical products. Alternatively, a person having ordinary skill in the art during the
`
`relevant timeframe could have been a person with at least one to two years of
`
`7
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 8
`
`
`
`experience working in product development, design, or manufacturing of adjustable
`
`air mattress bed systems.
`
`IV. MATERIALS REVIEWED
`
`15.
`
`I have reviewed the Petition and supporting evidence. I have also
`
`reviewed all claims (claims 1-22) of the ‘154 patent, as well as the ‘154 specification
`
`and parts of its file history. I have examined the prior art references cited in the ‘154
`
`Patent, its prosecution history, and in the current Petition for Inter Partes Review. I
`
`will use the exhibit numbers listed the “Exhibit List” on page vi in the Petition. I will
`
`also use the exhibit numbers listed in Patent Owner’s “Exhibit List” on page xi of
`
`Patent Owner’s Preliminary Response. For ease of reference, I have included a
`
`combined exhibit list of the documents I have considered below:
`
`Description
`
`Paper/
`Exhibit
`Paper 1 Petition for Inter Partes Review of U.S. Patent No. 9,737,154
`
`1001 U.S. Patent No. 9,737,154 to Mahoney (the ‘154 Patent)
`
`1002 Excerpts of the File History of the ‘154 Patent (App. No. 14/283,675
`
`1003
`
`Claim Listing
`
`1004
`
` U.S. Patent No. 5,904,172 to Gifft (“Gifft”)
`
`1005
`
` U.S. Patent No. 5,629,873 to Mittal (“Mittal”)
`
`8
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 9
`
`
`
`1006
`
`U.S. Patent No. 5,277,187 to Pillsbury (“Pillsbury”)
`
`1007
`
`U.S. Patent Publication No. 2007/0000559 to Ebel (“Ebel”)
`
`1008
`
`U.S. Patent No. 6,088,642 to Finkelstein (“Finkelstein”)
`
`1009
`
`Declaration of Dr. Joshua Phinney (“Phinney Decl.”)
`
`1010
`
`Curriculum vitae of Dr. Joshua Phinney
`
`1011
`
`U.S. Patent No. 6,686,711 to Rose (“Rose”)
`
`1012
`
`U.S. Patent No. 7,022,113 to Lockwood (“Lockwood”)
`
`1013
`
`U.S. Patent No. 5,735,267 to Tobia (“Tobia”)
`
`1014
`
`PCT Publication WO2007/016054 (“Bhai”)
`
`1015
`
`U.S. Publication 2004/0186630 (“Shire”)
`
`2002
`
`File History for U.S. Patent No. 8,769,747
`
`2003
`
`File History for U.S. Patent No. 9,737,154
`
`2014
`
`Random House Webster's Unabridged Dictionary Excerpt
`
`2015 Webster's II New Riverside University Dictionary Excerpt
`
`9
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 10
`
`
`
`16.
`
`In addition, I have had the opportunity to learn from those in this field
`
`of adjustable air mattress systems. These understandings inform my analysis herein.
`
`V.
`
`THE UNDERSTANDINGS APPLIED TO MY ANALYSIS
`
`17.
`
`I understand that in an IPR proceeding claims should be construed as
`
`having their ordinary and customary meaning as understood by a POSITA at the
`
`time of the invention. I understand that claims should be read in the context of the
`
`claim language of which they are a part. I further understand that the specification
`
`and file history can also inform the scope of the claims. If, after a review of this
`
`evidence, the construction is not apparent, I understand that extrinsic evidence, such
`
`as dictionary definitions, treatises, and trade journals may be consulted to discern
`
`the meaning of a term. For terms where no construction is necessary, I have simply
`
`read the terms according to their ordinary and customary meaning. My
`
`understandings herein are made in light of how a person of ordinary skill in the art
`
`in 2008 would view the ordinary and customary meaning of the claim terms. I
`
`reserve the right to supplement my declaration should any claim terms be given
`
`different constructions.
`
`18.
`
`I understand that a claim is anticipated if a single prior art reference
`
`discloses each and every limitation of the claimed invention.
`
`19.
`
`I understand that a patent claim may be unpatentable for obviousness if
`
`the difference between the claimed subject matter and the prior art is such that the
`
`10
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 11
`
`
`
`subject matter as a whole would have been obvious at the time the invention was
`
`made to a person having ordinary skill in the art. I understand that a finding of
`
`obviousness requires a determination of: (1) the scope and content of the prior art;
`
`(2) the difference(s) between the claimed invention and the prior art; (3) the level of
`
`skill of the ordinary artisan in the pertinent art. I understand this analysis looks at
`
`whether the differences are such that the claimed invention as a whole would have
`
`been obvious to one of ordinary skill in the art at the time the invention was made. I
`
`further understand that any obviousness analysis must consider objective evidence
`
`of non-obviousness, where such evidence is present.
`
`20.
`
`I understand that objective evidence of nonobviousness includes (1)
`
`copying, (2) long felt but unsolved need, (3) failure of others, (4) commercial success
`
`of the invention, (5) unexpected results created by the claimed invention, (6)
`
`unexpected properties of the claimed invention, (7) licenses showing industry
`
`respect for the invention, (8) skepticism of skilled artisans before the invention, (9)
`
`recognition of invention’s advancement, and (10) contemporaneous invention by
`
`others or absence thereof. In general, there must be a connection between the factor
`
`and the claimed invention. For instance, the "commercial success" of a product
`
`practicing the claimed invention is relevant to the obviousness analysis only if the
`
`commercial success is attributable to advantages from the use of the invention that
`
`were not available to the purchasing public before the invention was made.
`
`11
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 12
`
`
`
`21. My understanding is that the obviousness inquiry is not limited to just
`
`the prior art references being applied, but includes the knowledge and understanding
`
`of one of ordinary skill in the art.
`
`22. However, I understand that merely demonstrating that each element,
`
`independently, was known in the prior art is, by itself, insufficient to establish a
`
`claim was obvious. My understanding is that the test for obviousness is not whether
`
`the features of one reference can be incorporated into the structure of another
`
`reference, but rather what the combined teachings would have suggested to those of
`
`ordinary skill in the art. I further understand that a party seeking to invalidate a patent
`
`must show a person of ordinary skill in the art would have been motivated to
`
`combine the teachings of the prior art references to achieve the claimed invention.
`
`23.
`
`It is my understanding that each prior art reference must be considered
`
`as a whole, including the portions that would lead away from the claimed invention.
`
`I have been informed that some prior art combinations are improper, or not
`
`combinable. For instance, the reference cannot be non-analogous art. In order for a
`
`reference to be used to show obviousness, the reference must be analogous art to the
`
`claimed invention. I understand that to be analogous, the art must be from the same
`
`field of endeavor or be reasonably pertinent to the problem – and therefore logically
`
`would command the artisan's attention in considering her/his problem. I also
`
`understand that when (1) the combination of prior art references teach away from
`
`12
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 13
`
`
`
`the claimed invention or from each other, (2) the combination makes one invention
`
`unsatisfactory for its intended purpose, or (3) when the combination would change
`
`the principle of operation of prior art reference, such a combination is improper and
`
`does not show obviousness.
`
`24.
`
`I understand that a combination of old, familiar, or known elements
`
`according to known methods is likely to be obvious when it does no more than yield
`
`predictable results. Predictable variations of a work from one field are likely to be
`
`obvious, even if the variation is in another field. For example, where a technique has
`
`been used to improve a device, use of the same technique to improve similar devices
`
`is a predictable variation and likely obvious. Likewise, if the use of prior art for
`
`improvements is simply done according to the prior art’s established functions, a
`
`person of ordinary skill in the art has simply implemented a predictable variation. If
`
`there existed at the time of invention a known problem for which there was an
`
`obvious solution, a patent claim encompassing that solution is not patentable.
`
`25.
`
`I also understand that where one or more references in combination
`
`teach or disclose a given claim element, there is no motivation to look to an
`
`additional reference for that element.
`
`26. Although the following analysis cites to particular pages, lines,
`
`paragraphs, or figures of many of the references discussed, these citations are
`
`intended to assist in understanding the various bases of my conclusions, and prior
`
`13
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 14
`
`
`
`art teachings used to reach them. These citations are not intended to be an exhaustive
`
`recitation of every page, line number, or paragraph in which these teachings may be
`
`found. Similar teachings or disclosures may be found at other pages, lines, or
`
`paragraphs, as well as in other references, and it is to be understood that my opinions
`
`and statements are made in view of all of the references and teachings I have
`
`reviewed.
`
`VI. BRIEF SUMMARY OF THE ‘154 PATENT AND PRIOR ART
`A.
`The ‘154 Patent
`
`27.
`
`The ‘154 Patent, titled “System and Method for Improved Pressure
`
`Adjustment,” was filed on May 21, 2014, and issued August 22, 2017. As further
`
`discussed above, the ‘154 Patent claims priority back to April 4, 2008. (Ex. 1001.)
`
`28.
`
`The ‘154 Patent is directed to methods and systems for adjusting
`
`pressure within an adjustable air bed. (See Ex. 1001 at Abstract, 13:10-16:26.) At
`
`least one articulated purpose of the ‘154 Patent is as follows:
`
`As one skilled in the art will appreciate, numerous iterations of inflating
`and deflating the air bladder may be required until the sensed chamber
`pressure falls within the acceptable range of the desired pressure . . .
`Furthermore, the pump must be turned off each time the pressure
`transducer takes a pressure measurement, which increases the amount
`of time that the user must wait until the air bladder reaches the desired
`pressure. Therefore, there is a need for an improved pressure
`adjustment system and method for an air bed that is able to minimize
`
`14
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 15
`
`
`
`the amount of time and the number of adjustment iterations necessary
`to achieve a desired pressure in an air bladder, while also increasing the
`accuracy of the actual bladder pressure.
`(Ex. 1001 at 2:4-16.)
`29.
`The air bed system of the ‘154 includes a bed 12 (shown in FIG. 1)
`
`having a first and second air chamber 14A and 14B that, via tubes 48A and 48B, are
`
`in fluid communication with a pump 20, as seen in FIG. 2 below. (Id. at FIG. 2, 3:29-
`
`32.) The pump 20 includes a motor 42, pump manifold 43, valves 45A, 45B, and 44,
`
`and pressure transducer 46. (Id. at FIG. 2, 3:59-64.) The pressure transducer 46
`
`senses the pressure within the pump manifold 43. (Id. at 4:32-47.) The pump 20 is
`
`in electrical communication and operated by control box 24. (Id. at FIG. 2, 3:32-50.)
`15
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 16
`
`
`
`30. When the motor is not running, the pressure is fairly stable and the
`
`pressure sensed in the manifold is substantially equal the actual pressure within the
`
`chamber 14A, 14B. (Id. at 8:7-16.) The ‘154 discloses the use of pressure adjustment
`
`factors, however, to account for differences in the pressure within a chamber 14A,
`
`14B and the pressure sensed within a manifold 43 during inflation or deflation. (See,
`
`e.g., Ex. 1001 at 5:50-6:26.) That is, the pressure sensed within the pump manifold
`
`during a pressure adjustment approximates and/or is related to the pressure in the
`
`chamber 14A, 14B. (Id. at 4:48-50.) The ‘154 Patent discloses a mathematical
`
`relationship between the sensed pressure and the chamber pressure. (See id. at 5:3-
`
`6:65 (disclosing how an inflate or deflate pressure adjustment factor can be
`
`combined with the sensed pressure to mathematically calculate the chamber
`
`pressure.) The use of these pressure adjustment factors can reduce the number of
`
`iterative adjustments necessary for the sensed pressure to reach the desired pressure.
`
`(See id. at 5:50-6:26)
`
`31.
`
`The ‘154 also discloses that the mathematical relationship between the
`
`sensed pressure in the manifold and the actual pressure in the chambers can
`
`compensate for circumstances or characteristics specific to the user of the system.
`
`(Ex. 1001 at 5:26-7:34.) For instance, the pressure adjustment factors can be updated
`
`or modified to more accurately reflect this mathematical relationship for users of
`
`different heights, sizes, weights, etc. (See, e.g., id. at 8:54-58, 9:12-16, 10:53-11:13.)
`
`16
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 17
`
`
`
`32. A POSITA reading the ‘154 Patent would understand the pressure
`
`adjustment method or system usually begins with the selection of or receiving of a
`
`new setpoint or “desired pressure setpoint,” which represents a desired pressure or
`
`firmness of the mattress. (Ex. 1001 at 13:14-15, 7:34-39; FIG. 5.)
`
`17
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 18
`
`
`
`33.
`
`The desired pressure setpoint and pressure adjustment factor are used
`
`to calculate an inflate or deflate pressure target 160, 164. (See, e.g., id. at FIG. 6,
`
`8:36-49.) After the pressure target is calculated, the pressure may be adjusted, either
`
`by inflation 166 or deflation 162, until a pressure sensed 168 is substantially equal
`
`to the pressure target 170. (Id. at 9:17-57, FIG. 6.)
`
`18
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 19
`
`
`
`34. As shown in FIG. 6 above, a POSITA would understand that the ‘154
`
`discloses that after inflation or deflation stops at step 174, the pressure in the
`
`manifold is measured at step 176. (Id. at FIGS. 6, 7, 9:47-10:3.) This pressure
`
`measurement of step 176 is compared in step 178 to the pressure measurement taken
`
`in step 168 to determine if the actual pressure achieved is substantially equal to the
`
`expected or desired pressure. (Id. at 9:58-10:6, FIG. 6.) A POSITA reading the ‘154
`
`Patent would understand that this comparison was a determination of an adjustment
`
`factor error. If there was an error, the error is used to modify the pressure adjustment
`
`factor so that the next adjustment may more accurately reflect the correct
`
`mathematical relationship between the chamber pressure and sensed pressure during
`
`inflation or deflation. (See id.) In fact, the modification can be specific to each
`
`particular user. (See Ex. 1001 at 10:11-11:13 (stating the pressure adjustment factor
`
`may be “‘customized’ pressure adjustment factor specifically tailored to that
`
`user.”).) A POSITA would understand that different user metrics and environmental
`
`factors would play a role in the presence and magnitude of any error, and that by
`
`modifying the pressure adjust factor based upon the error, the systems and methods
`
`of the ‘154 Patent the pressure adjustment factor could become specific to or tailored
`
`to each user. Because each subsequent adjustment uses a modified pressure
`
`19
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 20
`
`
`
`adjustment factor, the adjustments are faster and more accurate at achieving the
`
`user’s desired pressure. (See, e.g., Ex. 1001 at 2:4-16, 7:24-33, 10:53-13.)
`
`35. A POSITA would understand that the pressure in the adjustable air
`
`mattress chambers was typically between the range of 0 and 0.6 PSI. (Id. at FIG. 4,
`
`6:27-65.) Therefore, a POSITA would further understand that the pressure
`
`adjustments to control the firmness of the bed were a fraction of this. Accordingly,
`
`a POSITA would recognize that a desired pressure adjustment could be in the range
`
`of about 0.03 to 0.06 PSI.
`
`20
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 21
`
`
`
`B.
`
`Summary of the Asserted Prior Art
`
`21
`
`
`
`2:4-33.) Second, Gifft recognized that prior art systems required periodically sealing
`
`and unsealing of the valves in order to monitor pressure in the bladder. (Id.) Third,
`
`Gifft recognized that the periodic sealing and unsealing of the valve, or the opening
`
`and closing of the valves through repeated actuation of the solenoids, generated
`
`unwanted heat. (Id.)
`
`39.
`
`Petitioner contends that Gifft recognized a problem in the prior art was
`
`the “inability to continuously monitor the pressure in the bladders during inflation
`
`and deflation resulting in slow inflation and deflation of the bladder.” (Pet. at 18.)
`
`Gifft, however, did not identify slow inflation and deflation as a problem. Rather, a
`
`POSITA reading Gifft would understand that the problem with prior art identified
`
`by Gifft was that sealing discs of the valves for prior art valve enclosures developed
`
`leaks and would continuously leak or bleed air, which results in a constantly
`
`deflating bladder. (See Ex. 1004 at 2:21-26.)
`
`22
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 23
`
`
`
`40. At least partially in an attempt to address these problems, Gifft
`
`discloses an improved valve enclosure assembly (“VEA”). The improved VEA is
`
`located within the pump or air controller 112. (Id. at 3:64-65.) The VEA includes a
`
`substantially fluidly sealed enclosure that is fluidly coupled to and used to inflate the
`
`bladders 122, 124 of bed 120 through hoses 116, 118. (Ex. 1004 at 2:35-3:24; 3:65-
`
`4:50.) The substantially fluidly sealed enclosure also includes a tap 146, 240 that is
`
`fluidly coupled to a pressure transducer in order to continuously monitor the pressure
`
`within the bladders, and which is used to inflate or deflate air from the bladders 122,
`
`124 of bed 120 through hoses 116, 118. (Id.; see also 4:30-37, 7:36-8:15, FIGS. 3 &
`
`9.)
`
`23
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 24
`
`
`
`41. A POSITA would understand the method of pressure adjustment
`
`disclosed by Gifft begins with a command or desired pressure input being provided.
`
`(Id. at 3:3-24.) In response to this desired pressure input, the valves, which are fluidly
`
`coupled to the bladder, open to allow for a pressure adjustment. (See id.) A POSITA
`
`would understand that the valves connected to hoses 116, 118 open and allow for
`
`inflation/deflation of bladders 122, 124. (Id. at 4:3-10, 7:10-15, 7:63-8:3.)
`
`42.
`
`To inflate, the pump is energized and compressed air is added to the
`
`chamber 14A, 14B. (Id. at 3:3-24, 7:10-28.) To deflate, the air can be exhausted from
`
`the bladders through the VEA. (Id. at 3:3-24, 7:29-35.) In order to determine whether
`
`24
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 25
`
`
`
`an inflation or deflation occurs, the system monitors the pressure using the pressure
`
`monitoring port 146, 240, which is both fluidly coupled to a pressure sensor and to
`
`the interior of the air chamber or valve of the valve enclosure assembly. (Id. at 4:31-
`
`36, 7:63-8:15.) 1 A POSITA would understand that the pressure in the VEA is
`
`substantially equal to the pressure in the bladder because the VEA is substantially
`
`fluidly sealed. Accordingly, the tap allows for the continuous monitoring of the
`
`pressure within the air chamber or valve. (Id. at 2:48-3:24, 7:63-8:15.) Thus, a
`
`POSITA would recognize that in Gifft, the pressure can be monitored before and
`
`during inflation/deflation. (Id.) This continuous monitoring during inflation allows
`
`the system of Gifft to inflate and/or deflate until the actual pressure is substantially
`
`equal to the desired pressure. A POSITA would understand that after the actual
`
`pressure is substantially equal to the desired pressure, the inflation and/or deflation
`
`stops. (See, e.g., id. at 3:3-24.)
`
`1 ∗ Note that Gifft applies the label “240” in Fig. 9 to two different components and
`
`refers to two different components in the description—“an expanded diameter
`
`portion 240 of valve body 220” (e.g. Ex. 1004 at 7:18-19) and “a pressure monitor
`
`tab 240” (Ex. 1004 at 7:23) Thus, a person reading the patent must use the context
`
`and wording in the specification to determine to which component the inventors
`
`are referring. This task is well within capability of a POSITA.
`
`25
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 26
`
`
`
`43. A POSITA would understand that Gifft discloses the structure of an
`
`improved VEA with the capability to continuously monitoring the pressure. A
`
`POSITA would recognize that the inflation or deflation process does not need to stop
`
`to wait for the pressure to stabilize to estimate the pressure in the bladders of the
`
`mattress. Stopping and waiting requires the closing of valves and an idle period
`
`before opening valves to continue inflating or deflating until the desired pressure is
`
`achieved. With the VEA of Gifft, the valves would not need to repeatedly close and
`
`then reopen to measure the pressure during the inflation or deflation. A POSITA
`
`would understand that the invention of Gifft would substantially reduce the wear and
`
`tear on the solenoids and other components and reduce unwanted heat buildup that
`
`Gifft states is a problem in the prior art.
`
`26
`
`
`
`pressurization system as having six or more tires).) Mittal discloses a high-pressure
`
`system and a method to maintain and/or adjust the pressure in tires depending on
`
`current driving conditions or performance characteristics. (Id. at Abstract, 4:19-
`
`5:29.) The system uses pressure offsets, which Mittal claims help to enhance the
`
`control of inflation and deflation. (Id. at 5:34-67.) The offsets are recomputed after
`
`inflation to account for dynamic changes in the system. (Id. at 5:42-44.)
`
`46.
`
` As stated above, a POSITA would understand Mittal’s disclosures to
`
`relate to a high-pressure system. For example, the desired pressures of each tire’s
`
`chambers “are set between five PSI and sixty PSI.” and the desired pressure under
`
`normal operating conditions is 45 PSI. (Id. at 24:4-7; 18:8-10.) In addition, Mittal
`
`teaches the pressure may be inflated or deflated in set “one PSI increments.” (Id. at
`
`24:4-7.)
`
`47. A POSITA would understand Mittal’s pressure adjustment cycles to be
`
`multi-step. That is, as explained below, there are several aspects to the pressure
`
`adjustment and there are two main pressure adjustments that occur during each
`
`cycle.
`
`48. Mittal discloses the use of a null pressure, which is used to compensate
`
`for environmental conditions, e.g., temperate, humidity, and altitude. (Id. at 18:49-
`
`65; 22:23-25.) The null pressure is determined or measured 210 upon powering up
`
`of the vehicle. (See id. at FIG. 5A, 18:56-65, 21:9-12.) Mittal makes clear that “[a]ny
`
`27
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 28
`
`
`
`shift in the null pressure directly affects the accuracy of the pressure measurement.”
`
`(Id. at 18:54-56.)
`
`28
`
`Sleep Number Corp.
`EXHIBIT 2001
`IPR2019-00500
`Page 29
`
`
`
`49. Upon initiation of the pressure adjustment cycle, the system senses the
`
`actual pressure 212. (See id. at FIG. 5A). The actual pressure is sensed within a
`
`central cavity 60 a “predetermined number of times, for example, sixteen times, and
`
`computes an average actual pressure value.” (Ex. 1005 at 11:22-24.) Indeed, Mittal
`
`explains:
`
`The system does not work of an [sic] differential voltage directly
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
