Trials@uspto.gov
`571-272-7822
`
`Paper 10
`Date: November 12, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC.,
`Petitioner,
`v.
`COREPHOTONICS LTD.,
`Patent Owner.
`
`IPR2020-00906
`Patent 10,255,479 B2
`
`
`
`
`
`
`
`
`
`Before BRYAN F. MOORE, JOHN F. HORVATH, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`HORVATH, Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314
`
`
`
`
`
`
`
`
`571-272-7822
`
`Paper 10
`Date: November 12, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC.,
`Petitioner,
`v.
`COREPHOTONICS LTD.,
`Patent Owner.
`
`IPR2020-00906
`Patent 10,255,479 B2
`
`
`
`
`
`
`
`
`
`Before BRYAN F. MOORE, JOHN F. HORVATH, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`HORVATH, Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314
`
`
`
`
`
`
`
`
`
`IPR2020-00906
`Patent 10,255,479 B2
`
`INTRODUCTION
`I.
`Background and Summary
`A.
`Apple, Inc. (“Petitioner”) filed a Petition requesting inter partes
`review of claims 19–22 (“the challenged claims”) of U.S. Patent No.
`10,255,479 B2 (Ex. 1001, “the ’479 patent”). Paper 3 (“Pet.”), 10.
`Corephotonics Ltd. (“Patent Owner”) filed a Preliminary Response. Paper 8
`(“Prelim. Resp.”). We have jurisdiction and authority under 35 U.S.C. §§ 6,
`314 and 37 C.F.R. § 42.4.
`Upon consideration of the Petition and Preliminary Response, we are
`persuaded that Petitioner has demonstrated a reasonable likelihood that it
`would prevail in showing the unpatentability of at least one challenged claim
`of the ’479 patent. Accordingly, we institute inter partes review of all
`challenged claims on all grounds raised.
`Real Parties-in-Interest
`B.
`Petitioner and Patent Owner identifies themselves, respectively, as the
`real parties-in-interest. Pet. 1; Paper 5, 1.
`Related Matters
`C.
`Petitioner and Patent Owner identify Corephotonics Ltd. v. Apple Inc.,
`5:19-cv-04809 (N.D. Cal.), as a district court proceeding that can affect or
`be affected by this proceeding, and Petitioner also identifies IPR2020-00905
`as in inter partes review that affect or be affected by this proceeding. Pet. 1;
`Paper 5, 1.
`Our rules require both Petitioner and Patent Owner to identify “any
`other judicial or administrative matter that would affect, or be affected by, a
`decision in the proceeding.” 37 C.F.R. §§ 42.8(a), 42.8(b)(2). The ’479
`patent is part of a family of patents and patent applications that include at
`least U.S. Patent Nos. 10,326,942 (“the ’942 patent), 10,015,408 (“the ’408
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`patent”), 9,661,233 (“the ’233 patent”), and 9,185, 291 (“the ’291 patent”).
`Ex. 1001, code (63). Many of these patents either were or currently are
`involved in inter partes review proceedings between Petitioner and Patent
`Owner and, therefore, could affect or be affected by a decision in this
`proceeding. For example, claims of the ’291 patent were challenged in
`IPR2018-01348; claims of the ’233 patent were challenged in IPR2020-
`00487; and claims of the ’408 patent were challenged in IPR2020-00488 and
`are currently challenged in IPR2020-00489.
`As noted above, our rules require both Petitioner and Patent Owner to
`identify these, and any other related proceedings, that could affect or be
`affected by a decision in this matter. See 37 C.F.R. §§ 42.8(a), 42.8(b)(2).
`The parties are reminded of this duty. Failure to comply with our rules may
`result in sanctions. Id. § 42.12 (a)(1).
`The ’479 Patent
`D.
`The ’479 patent is directed to “a thin (e.g., fitting in a cell-phone)
`dual-aperture zoom digital camera with fixed focal length lenses” configured
`to use “partial or full fusion to provide a fused image in still mode.” Ex.
`1001, 3:18–23. Figure 1A, reproduced below, illustrates dual-aperture zoom
`digital camera 100.
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`Figure 1A is a “block diagram illustrating a dual-aperture zoom” digital
`camera 100. Id. at 5:64–65. Camera 100 includes a wide imaging
`subsystem consisting of wide lens 102, wide sensor 104, and wide image
`signal processor (“ISP”) 106, and a tele imaging subsystem consisting of tele
`lens 108, tele sensor 110, and tele ISP 112. Id. at 6:24–29.
`Camera 100 also includes controller 114, which includes sensor
`control 116, user control 118, video processing module 126 and still
`processing module 128. Id. at 6:33–37. User control 118 controls various
`camera functions, including, operational mode 120, region of interest
`(“ROI”) 122, and zoom factor (“ZF”) 124. Id. at 6:38–40. Zoom factor 124
`allows a user “to choose a zoom factor.” Id. at 6:50–51. Sensor control 116
`chooses “which of the sensors is operational” based on the selected zoom
`factor. Id. at 6:41–45. ROI function 122 allows a user to “choose a region
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`Patent 10,255,479 B2
`of interest,” i.e., a sub-region “on which both sub-cameras are focused.” Id.
`at 6:46–50.
`The dual lenses allow camera 100 to take an image having a shallow
`depth-of-field (“DOF”) “by taking advantage of the longer focal length of
`the Tele lens.” Id. at 4:23–27. The image taken with the Tele lens can be
`enhanced “by fusing data from an image captured simultaneously with the
`Wide lens.” Id. at 4:27–30. For example, the Tele lens can focus “on a
`subject of the photo” and the Wide lens can focus on “a closer distance than
`the subject so that objects behind the subject appear very blurry.” Id. at
`4:30–34. Then, a shallow depth-of-field image can be formed when
`“information from the out-of-focus blurred background in the Wide image is
`fused with the original Tele image background information, providing a
`blurrier background and even shallower DOF.” Id. at 4:34–38.
`The process for fusing images taken with the Wide and Tele lenses is
`shown in Figure 5 of the ’479 patent, which is reproduced below.
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`Patent 10,255,479 B2
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`|
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`15 P: Ferl'um: image signal
`processing m1 data recaivcii form
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`each sense-r to obtain prficasmd
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`Wide and Tale imager‘.
`592
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`Rectificatian: Align pmcessefl
`Wiée and Teie image-5 m be an an
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`cpipnlar Hm: t0-crbtain aligned
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`[rammed] images
`5114
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`Ragistratimi: Map thc alignad
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`‘ Wide and Teie imagea m ablain 3
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`registratinn map
`SHE'-
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`‘
`|
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`‘
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`Reaampi ing: Pmmsa ragi stratiun
`map and pracenseszl Teie image In
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`nhtain a rc‘sumplcd Talc image
`5118
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`flacisinn: Us: rc-samp1ed Tclt:
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`errors in [has regiatratinn ami m
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`image and Wifin image In detect
`pmvidc a dccisiun nutpui
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`Slfl
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`Fusim}: F115: the decisifln output,
`m—sampifid Tale image and Wifie
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`image into :1 fused 3mm image
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`512
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`Patent 10,255,479 B2
`Figure 5 is a flow chart depicting a method for acquiring a zoom image in a
`dual lens camera. Id. at 9:39–40. At step 502, separate images are captured
`by each of the Wide and Tele lenses. Id. at 9:40–44. At step 504, these
`images are aligned on an epipolar line. Id. at 9:46–47. At step 506, a
`registration map is generated by mapping either “Tele image pixels to a
`matching pixel set within the Wide image pixels” or “Wide image pixels to a
`matching pixel set within the Tele image pixels.” Id. at 5:23–30, 9:47–49.
`The process of generating the registration map allows a transform coefficient
`to be determined that represents “the translation between matching points in
`the two images,” and that is “measured in a number of pixels.” Id. at 12:3–
`9. The transform coefficient or pixel shift can then be “translated into depth
`and the depth can be translated into an AF (auto-focus) position.” Id. at
`12:9–13. At step 508, the registration map is used to resample the Tele
`image. Id. at 9:50–51. At step 510, registration errors are determined, and
`the choice of outputting either Tele pixel values or Wide pixel values is
`made. Id. at 9:51–58. Finally, at step 512, a fused image is generated from
`the re-sampled Tele image and the Wide image. Id. at 9:58–60.
`Illustrative Claim
`E.
`Claims 19 is the only independent claim challenged. See Ex. 1001,
`14:66–15:32. Claims 20–22 depend directly or indirectly from claim 19. Id.
`at 15:33–15:48. Claim 19 is illustrative of the challenged claims and is
`reproduced below.
`19. A dual-aperture digital camera for imaging an object or
`scene, comprising:
`a) a Wide camera comprising a Wide lens and a Wide image
`sensor, the Wide camera having a respective field of view
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`FOVW and being operative to provide a Wide image of the
`object or scene;
`b) a Tele camera comprising a Tele lens and a Tele image
`sensor, the Tele camera having a respective field of view
`FOVT narrower than FOVW and being operative to provide a
`Tele image of the object or scene, wherein the Tele lens has
`a respective effective focal length EFLT and total track
`length TTLT fulfilling the condition EFLT/TTLT > 1;
`c) a first autofocus (AF) mechanism coupled mechanically to,
`and used to perform an AF action on the Wide lens;
`d) a second AF mechanism coupled mechanically to, and used
`to perform an AF action on the Tele lens, wherein the Wide
`and Tele lenses have different F numbers F#Wide and F#Tele,
`wherein the Wide and Tele image sensors have pixels with
`respective pixel sizes Pixel sizeWide and Pixel sizeTele wherein
`Pixel sizeWide is not equal to Pixel sizeTele, and wherein the
`Tele camera has a Tele camera depth of field (DOFT)
`shallower that a DOF of the Wide camera (DOFW); and
`e) a camera controller operatively coupled to the first and
`second AF mechanisms and to the Wide and Tele image
`sensors and configured to control the AF mechanisms, to
`process the Wide and Tele images to find translations
`between matching points in the images to calculate depth
`information and to create a fused image suited for portrait
`photos, the fused image having a DOF shallower than DOFT
`and having a blurred background.
`Id. at 14:66–15:32.
`Evidence
`F.
`Reference
`US 7,859,588 B2
`Parulski
`JP 2007/259108 A
`Soga1
`US 8,989,517 B2
`Morgan-Mar
`
`1 Soga is a non-certified translation of a Japanese Patent Application
`Publication originally published in Japanese. See Ex. 1006, 18–30.
`
`Effective Date
`Dec. 28, 2010
`Oct. 4, 2007
`Mar. 24, 2015
`
`Exhibit
`1005
`1006
`1009
`
`8
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`IPR2020-00906
`Patent 10,255,479 B2
`Reference
`Kawamura2
`Ogata
`
`
`
`JP S5862609 A
`US 5,546,236
`
`Effective Date
`Apr. 14, 1983
`Aug. 13, 1996
`
`Exhibit
`1012
`1026
`
`Petitioner also relies upon the Declarations of Fredo Durand, Ph.D.
`(Ex.1003) and José Sasián, Ph.D. (Ex. 1021).
`Asserted Grounds
`G.
`Petitioner asserts the challenged claims would have been unpatentable
`on the following grounds:
`Ground
`Claims
`1
`19, 20
`2
`21, 22
`
`35 U.S.C. §
`103(a)
`103(a)
`
`References
`Parulski, Ogata, Kawamura, Soga
`Parulski, Ogata, Kawamura,
`Soga, Morgan-Mar
`
`
`
`II. ANALYSIS
`A. Discretionary Denial Under 35 U.S.C. § 314(a)
`As noted above, Petitioner challenges claims 19–22 of the ’479 patent
`in this Petition. See Pet. 10. Petitioner challenges claims 1–16, 18, 23–38,
`and 40 of the ’479 patent in a petition filed in IPR2020-00905. See Paper 2,
`1. Petitioner ranks this Petition higher than the petition filed in IPR2020-
`00905. Id. Accordingly, we consider this Petition on the merits as the
`principal petition filed.
`Level of Ordinary Skill in the Art
`B.
`Petitioner identifies a person of skill in the art (“POSITA”) at the time
`of the invention as someone that would have had “a bachelor’s or the
`
`
`2 Kawamura is a certified translation of an Unexamined Japanese Patent
`Application Publication originally published in Japanese. See Ex. 1012,
`10–16.
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`equivalent degree in electrical and/or computer engineering or a related field
`and 2-3 years of experience in imaging systems including optics and image
`processing.” Pet. 7 (citing Ex. 1003 ¶ 13). Patent Owner does not dispute
`this description or provide an alternative. See Prelim. Resp. 1–14.
`“[T]he level of skill in the art is a prism or lens through which a judge,
`jury, or the Board views the prior art and the claimed invention.” Okajima v.
`Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001). At this stage of the
`proceeding, we find Petitioner’s assessment of the level of skill in the art to
`be reasonable, and commensurate with the problems and solutions disclosed
`in the prior art. See In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995).
`Accordingly, for purposes of this Decision, we adopt Petitioner’s description
`as our own.
`Claim Construction
`C.
`In inter partes reviews, we interpret a claim “using the same claim
`construction standard that would be used to construe the claim in a civil
`action under 35 U.S.C. 282(b).” 37 C.F.R. § 42.100(b) (2019). Under this
`standard, a claim is construed “in accordance with the ordinary and
`customary meaning of such claim as understood by one of ordinary skill in
`the art and the prosecution history pertaining to the patent.” Id. Only claim
`terms which are in controversy need to be construed and only to the extent
`necessary to resolve the controversy. See Nidec Motor Corp. v. Zhongshan
`Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017).
`Petitioner contends the only term requiring construction is a camera
`controller configured “to find translations between matching points in the
`images to calculate depth information and to create a fused image suited for
`portrait photos.” Pet. 7–10. Petitioner argues this term requires the camera
`controller to “perform two separate functions: (1) ‘to find translations
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`between matching point[s] in the images to calculate depth information’ and
`(2) ‘to create a fused image suited for portrait photos.’” Id. at 8. Patent
`Owner does not appear to dispute this, 3 does not provide an alternative
`construction, and does not argue that any other term requires construction.
`Prelim. Resp. 1–15.
`At this stage of the proceeding, the parties do not appear to disagree
`on the meaning of any claim term, and we do not need to expressly construe
`any terms to determine the merits of the Petition. See Pet. 7–10; Prelim.
`Resp. 1–15. Accordingly, at this stage of the proceeding, we decline to
`expressly construe any claim term. See Nidec Motor, 868 F.3d at 1017.
`D. Ground 1
`Petitioner argues claims 19 and 20 are unpatentable as obvious over
`Parulski, Ogata, Kawamura, and Soga. Pet. 12–64. Patent Owner disagrees.
`Prelim. Resp. 7–12. For the reasons discussed below, at this stage of the
`proceeding and notwithstanding Patent Owner’s contentions to the contrary,
`Petitioner has established a reasonable likelihood of showing at least claim
`19 is unpatentable as obvious over Parulski and Konno.
`
`
`3 Patent Owner argues Petitioner fails to show Parulski’s camera controller
`finds translations between matching points to calculate depth information
`[element 19.5.1] and to create a fused image [element 19.5.2] because
`Petitioner has removed “th[ese] limitation[s] from claim 19.” Prelim. Resp.
`10. However, Petitioner’s proposed construction expressly “requir[es] the
`‘camera controller’ to perform [these] two separate functions,” and
`Petitioner maps the prior art to these two functions. Pet. 8, 53–57. Thus, we
`interpret Patent Owner’s argument to be that Parulski’s camera controller
`does not perform these two functions rather than a disagreement with
`Petitioner’s proposed construction.
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`IPR2020-00906
`Patent 10,255,479 B2
`1. Parulski
`Parulski discloses “a digital camera that uses multiple lenses and
`image sensors to provide an improved imaging capability.” Ex. 1005, 1:8–
`10. A schematic illustration of Paurlski’s camera is shown in Figure 1,
`which is reproduced below.
`
`Figure 1 is “a block diagram . . . of a digital camera using a first zoom lens
`with a first image sensor, and a second zoom lens with a second image
`sensor.” Id. at 8:28–30.
`The camera includes “two imaging stages 1 and 2, both with zoom
`lenses 3 and 4.” Id. at 12:42–43. “[Z]oom lens 3 is controlled by a first lens
`focus adjuster, e.g., zoom and focus motors 5a, and provides an image to a
`first image sensor 12.” Id. at 12:47–49. “[Z]oom lens 4 is controlled by a
`second lens focus adjuster, e.g., zoom and focus motors 5b, and provides an
`image to a second image sensor 14.” Id. at 12:49–52. Each of zoom lenses
`3 and 4 could be “replaced with a fixed focal length lens.” Id. at 13:3–6.
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`Image sensors 12 and 14 can “have a variety of aspect ratios” and “do not
`have to have the same specifications.” Id. at 13:26–32. “[C]ontrol processor
`and timing generator 40 [“CPT 40”] controls the first image sensor 12 . . .
`the second image sensor 14” and “the zoom and focus motors 5a and 5b.”
`Id. at 13:37–41. Analog data from image sensors 12 and 14 are digitized by
`analog signal processors 22 and 24, respectively, and the digitized data is
`supplied to each of multiplexers 34 and 36. Id. at 13:48–59. CPT 40
`controls multiplexer 34 to select digitized data from either sensor 12 or 14 as
`an image signal and controls multiplexer 36 to select digitized data from the
`other sensor as an autofocus image signal. Id. at 14:1–5. Image processor
`50 processes the digitized data from multiplexer 34 to produce a digital
`image and processes the digitized data from multiplexer 36 to calculate
`“focus detection signals that drive the first and second focus adjusters, that
`is, the zoom and focus motors 5a and 5b.” Id. at 14:5–16.
`Parulski’s dual-lens camera can be used to generate a distance or
`range map. Parulski states that generating a distance or range map is “well
`known to those skilled in the art,” and can be done by determining “pixel
`offset information for a set of images captured by multiple cameras with
`similar fields of view.” Id. at 19:53–58. A particular method for producing
`a range map is illustrated in Figure 11 of Parulski, which is reproduced
`below.
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`Figure 11 is a flow chart showing a method for processing images captured
`with a two-lens camera to generate a distance or range map. Id. at 19:49–51.
`At step 440, “a first autofocus image is captured with the lower focal length
`image capture stage,” e.g., lens 3 and image sensor 12. Id. at 20:1–3. At
`step 442, this image is “cropped and upsampled so that corresponding
`features in the two autofocus images span the same number of pixels.” Id. at
`20:3–6. At step 448, “a second autofocus image is captured with the higher
`focal length image capture stage,” e.g., lens 4 and image sensor 14. Id. at
`20:6–8. At step 480, “the second autofocus image is correlated with the
`cropped and upsampled image to determine the pixel offset between the
`images for different portions of the images.” Id. at 20:8–11. At step 482,
`these pixel offsets are “converted . . . to distances from the image capture
`device using the autofocus rangefinder calibration curve.” Id. at 20:11–14.
`Finally, at step 484, a distance or range map is produced “showing the
`distances to different portions of the images.” Id. at 20:14–15.
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`Parulski’s range map can be “used to modify the captured image
`signal or the output image for a variety of purposes,” including “to enable
`dynamic depth of field images by blurring portions of the image that
`correspond to areas of the scene that lie outside of the desired depth of
`field.” Id. at 20:51–53, 20:63–65. For example, the range map can be used
`to modify a picture having a dog in the foreground, a field of flowers in the
`midground, and a mountain range in the background. “[I]f the user really
`wants to emphasize the dog more than the beautiful scenery, the range data
`can be used to isolate the mountains and the flowers, which can then be
`blurred.” Id. at 21:27–30.
`2. Kawamura
`Kawamura discloses “[a] telephoto lens of a four-group, five-lens
`configuration.” Ex. 1012, 1. Kawamura’s telephoto lens is shown in Figure
`1, which is reproduced below.
`
`
`Kawamura’s Figure 1 is a schematic illustration of a telephoto lens having
`five lenses in four lens groups. Id. The first lens group consists of a positive
`first lens having thickness d1. Id. The second lens group is separated from
`the first lens group by a distance d2 and consists of a negative second lens
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`having thickness d3 laminated to a positive third lens having thickness d4.
`Id. The third lens group is separated from the second lens group by a
`distance d5 and consists of a negative fourth lens having thickness d6. Id.
`Finally, the fourth lens group is separated from the third lens group by a
`distance d7 and consists of a positive fifth lens having thickness d8. Id.
`3. Ogata
`Ogata discloses “[a] wide-angle photographic lens system.” Ex. 1026,
`code 57. Ogata’s lens system has “a short total length . . . a high aperture
`ratio and excellent optical performance, and is suited for use with the
`collapsible mount type cameras.” Id. at 3:2–5. Ogata’s wide-angle lens
`system is shown in Figure 1 of Ogata, which is reproduced below.
`
`
`Figure 1 of Ogata is a schematic illustration of a first embodiment of Ogata’s
`wide-angle lens system. Id. at 12:1–4.
`4. Soga
`Soga discloses a method for obtaining “an image having similar bokeh
`to an image photographed with a silver halide camera” when the image is
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`obtained with a digital “photographic device equipped with an imaging
`element of a small area.” Ex. 1006, code (57). According to Soga, when
`a subject is photographed by a silver halide camera . . . an image
`with a bokeh background is obtained, but when the same subject
`is photographed by a digital camera . . . an image is obtained that,
`due to the difference in the size of the photosensitive surface, has
`the background and a principle subject all in focus, without a
`blurred background.
`Id. ¶ 5.
`Soga’s method for obtaining an image having a bokeh background
`with a digital camera is disclosed in Figures 4(a) and 4(b), which are
`reproduced below.
`
`
`Figures 4(a) and 4(b) of Soga illustrate Soga’s method of obtaining an image
`having a bokeh background with a digital camera by compositing two
`images taken with the digital camera at different focal lengths. Id. ¶¶ 64–68.
`In Figure 4(a) two photographic images of a subject (e.g., a flower) are
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`taken; “the first photographic image is focused on the principal subject [and]
`the second photographic image is more on the wide-angle side . . . and is
`focused at a shorter distance.” Id. ¶ 65. The second photographic image is
`“a blurred photographic image,” and the diagonal lines illustrated in the
`second photographic image “indicate a bokeh background.” Id. ¶ 66. The
`two images can be composited, resulting in a composite image where “a
`focused image is obtained as the principal subject . . . and a blurred image
`(indicated by the diagonal lines) is obtained as the background.” Id. The
`composite image is “close to an image photographed by a silver halide
`camera.” Id. ¶ 67.
`Soga further discloses this method can be used where “the principal
`subject is a person,” whereby “a photographic device equipped with an
`imaging element of a small area[] can obtain an image having similar bokeh
`to an image photographed with a silver halide camera.” Id. ¶¶ 83, 86.
`5. Reasons to Combine
`At this stage of the proceeding, notwithstanding Patent Owner’s
`arguments to the contrary, discussed infra, Petitioner has set forth sufficient
`reasoning with rational underpinning to combine the teachings of Parulski,
`Kawamura, Ogata, and Soga.
`Petitioner argues that it would have been obvious to combine the
`teachings of Parulski and Kawamura because “Parulski does not indicate
`lens prescription data for . . . [the] telephoto fixed-focal-length lens systems
`in its camera.” Pet. 22. Thus, Petitioner argues, a skilled artisan “would
`have looked to telephoto lens assemblies like Kawamura’s” for “lens data
`that specifies the properties and configuration that teaches . . . how to
`construct a telephoto lens unit.” Id. at 22 (citing Ex. 1003 ¶ 52). Petitioner
`argues a skilled artisan would have known that Kawamura’s 1981 lens
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`prescription data could be scaled, and how to scale it to be compatible with
`the smaller 2007 image sensors available to Parulski, resulting in a telephoto
`lens having a 24.3 degree FOVT, an F-number of 4.0, a focal length (EFL) of
`16.33 mm and a total track length of 15.34 mm. Id. at 19–21 (citing Ex.
`1021 ¶¶ 43–45); see also Ex. 1005, 5:21–35; Ex. 1012, 1, Fig. 1; 1020, 57;
`Ex. 1022, 254–255; Ex. 1029; Ex. 1030; Ex. 1033, 62.
`Petitioner further argues that it would have been obvious to combine
`the teachings of Parulski and Ogata because “Parulski does not indicate lens
`prescription data for [] the wide . . . fixed-focal-length lens systems in its
`camera.” Id. at 29. Thus, a skilled artisan “would have looked to [wide]
`lens assemblies like Ogata’s” for “lens data that specifies the properties and
`configuration that teaches . . . how to construct a wide-angle lens unit.” Id.
`(citing Ex. 1003 ¶ 63). Petitioner argues a skilled artisan would have known
`that Ogata’s 1994 lens prescription data could be scaled, and how to scale it
`to be compatible with the smaller 2007 image sensors available to Parulski,
`resulting in a wide-angle lens having a 63.4 degree FOVW, an F-number of
`2.9, a focal length (EFL) of 5.72 mm and a total track length of 6.892 mm.
`Id. at 26–28 (citing Ex. 1021 ¶¶ 37–39); see also Ex. 1005, 5:21–35; 1020,
`57; Ex. 1022, 254–255; Ex. 1026, 7:35–61, Fig. 1; Ex. 1029; Ex. 1030; Ex.
`1033, 62.
`Finally, Petitioner argues a skilled artisan would have found it
`obvious to use Parulski’s dual-lens camera to perform Soga’s image fusing
`method to generate a portrait having a “bokeh” affect for several reasons.
`See Pet. 33–38. First, Parulski and Soga both teach modifying the depth of
`field of an image using information from another image taken at a different
`focal point. Id. at 35–36 (quoting Ex. 1005, 22:14–42; Ex. 1006 ¶ 67; citing
`Ex. 1003 ¶ 74). Second, Parulski’s method of simultaneously capturing the
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`two images would reduce the image processing complexities of Soga’s
`method because “differences between the two images due to motion of the
`camera or motion within the scene are avoided.” Id. at 34–35 (citing Ex.
`1003 ¶ 73; Ex. 1011 ¶ 15).
`Patent Owner does not dispute Petitioner’s individual reasons for
`replacing Parulski’s tele lens with Kawamura’s, for replacing Parulski’s
`wide lens with Ogata’s, or for using Parulski’s camera to obtain Soga’s
`fused image having a “bokeh” affect. See Prelim. Resp. 7–8. Instead, Patent
`Owner argues the proposed combination fails because Petitioner “has failed
`to disclose a motivation to combine all of these references,” instead
`providing “purported motivations for creating two-reference combinations of
`Parulski/Ogata, Parulski/Kawamura and Parulski/Soga.” Id. at 7.
`At this stage of the proceedings, we are not persuaded that Petitioner
`has failed to provide sufficient reasoning to combine the teachings of
`Parulski, Kawamura, Ogata, and Soga. “A person of ordinary skill is also a
`person of ordinary creativity,” and will often “be able to fit the teachings of
`multiple patents together like pieces of a puzzle.” KSR Int’l Co. v. Teleflex
`Inc., 550 U.S. 398, 420–21 (2007). Here, Petitioner has sufficiently
`articulated a rational reason to use Parulski’s camera to perform Soga’s
`method (e.g., simplifying image processing by simultaneously capturing the
`wide and tele images are). See Pet. 34–36. Petitioner has also sufficiently
`articulated a rational reason to use Kawamura’s tele lens and Ogata’s wide
`lens as the fixed focal length lenses in Parulski’s camera (e.g., because
`Parulski does not provide detailed lens prescription data for either lens). Id.
`at 19–22, 26–29.
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`6. Claim 19
`Claim 19 recites a dual-aperture camera for imaging an object or
`scene. Ex. 1001, 14:66–67. At this stage of the proceeding, Petitioner
`reasonably demonstrates its proposed combination discloses such a camera.
`See Pet. 39–40 (citing Ex. 1005, Figs. 2A, 2B). For example, Parulski
`discloses a digital camera having a first zoom lens 3 and a second zoom lens
`4 having different fields of view. Ex. 1005, 12:56–58, 13:6–9, Figs. 2A, 2B.
`Zoom lenses 3 and 4 can, alternatively, be “fixed focal length lens[es].” Id.
`at 13:4–6. Patent Owner does not dispute this. See Prelim. Resp. 7–12.
`Claim 19 requires a Wide camera for providing a Wide image,
`comprising a Wide lens having a field of view FOVW and a Wide image
`sensor. Ex. 1001, 15:1–4. At this stage of the proceeding, Petitioner
`reasonably demonstrates its proposed combination discloses this limitation.
`See Pet. 40–42. For example, Parulski’s camera can include fixed focal
`length lens 3 and image sensor 12. Ex. 1005, 13:3–9, Fig. 1; see also id. at
`23:36–38 (“The first lens 612 [is] preferably a fixed focal length wide angle
`lens . . . [that] forms an image on the first image sensor 614 . . .”). Parulski’s
`image sensors 12 (614) can be a 1/2.5” CCD (charge-coupled device). Id. at
`5:21–35; Ex. 1033, 62; Ex. 1030. According to Dr. Sasián, a skilled artisan
`would have known that Ogata’s lens prescription data, describing “a wide-
`angle photographic lens system which has an F number [F#Wide] on the order
`of 2.8,” could have been scaled to focus an image on the smaller 1/2.5”
`image sensors available to Parulski. Ex. 1026, 1:9–11; see also Ex. 1021
`¶¶ 37–39. Ogata’s lens, when so scaled, would have “maintain[ed] the same
`field of view [FOVW] of 63.4 degrees and f-number [F#Wide] of 2.9.” Pet. 41
`(citing Ex. 1021 ¶ 39). Patent Owner does not dispute this. See Prelim.
`Resp. 7–12.
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`Claim 19 further requires a Tele camera for providing a Tele image,
`comprising a Tele lens having a respective field of view FOVT narrower than
`FOVW, an effective focal length EFLT to total track length TTLT ratio that is
`greater than 1, and a Tele image sensor. Ex. 1001, 15:5–11. At this stage of
`the proceeding, Petitioner reasonably demonstrates its proposed combination
`meets this limitation. See Pet. 42–44. For example, Parulski’s camera can
`include fixed focal length lens 4 having image sensor 14. Ex. 1005, 13:3–9,
`Fig. 1; see also id. at 23:36–38 (“[T]he second lens 616 [is] preferably a
`fixed focal length telephoto lens . . . [that] forms an image on the second
`image sensor 618 . . .”). Parulski’s image sensor 14 (618) can be a 1/2.5”
`CCD. Id. at 5:21–35; Ex. 1033, 62; Ex. 1030. According to Dr. Sasián, a
`skilled artisan would have known that Kawamura’s lens prescription data,
`describing “[a] telephoto lens of a . . . five-lens configuration,” could have
`been scaled to focus an image on the smaller 1/2.5” image sensors available
`to Parulski. Ex. 1012, l; see also Ex. 1021 ¶¶ 43–45. Kawamura’s lens,
`when so scaled, would have “maintain[ed] the same f-number [F#Tele] of 4.0
`and field of view [FOVT] of 24.6 degrees,” which is narrower than the 63.4
`degree FOVW of the wide lens. Pet. 43 (citing Ex. 1021 ¶ 45; Ex. 1003, 54–
`55). Kawamura’s scaled lens would also have had “a focal length (EFL) of
`16.33 mm and a total track length (TTL) of 15.343 mm, yielding an
`EFL/TTL ratio of 1.064,” which is greater than 1. Id. at 44 (citing Ex. 1003,
`54–55). Patent Owner does not dispute this. See Prelim. Resp. 7–12.
`Claim 19 further requires first autofocus (AF) mechanism
`mechanically coupled to the Wide lens and a second AF mechanism
`mechanically coupled to the Tele lens. Ex. 1001, 15:12–16. At this stage of
`the proceeding, notwithstanding Patent Owner’s arguments to the contrary,
`Petitioner reasonably demonstrates its proposed combination meets these
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`limitations. See Pet. 45–47. For example, Parulski teaches a camera
`embodiment where:
`both lenses 612 and 616 are adjustable focus lenses, [and] the
`image processor 50 either (a) selects the sensor output from the
`wide angle lens 612 as the captured image signal and uses the
`sensor output from the telephoto lens 616 to generate a focus
`detection signal for the wide angle lens 612 or (
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