UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`LBT IP I LLC,
`
`Patent Owner
`_________________
`
`Inter Partes Review Case No. IPR2020-01192
`U.S. Patent No. 8,421,618
`
`SUPPLEMENTAL DECLARATION OF SCOTT ANDREWS
`
`IPR2020-01192
`Apple EX1080 Page 1
`
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`LBT IP I LLC,
`
`Patent Owner
`_________________
`
`Inter Partes Review Case No. IPR2020-01192
`U.S. Patent No. 8,421,618
`
`SUPPLEMENTAL DECLARATION OF SCOTT ANDREWS
`
`IPR2020-01192
`Apple EX1080 Page 1
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`
`TABLE OF CONTENTS
`INTRODUCTION .............................................................................. 3
`
`OPINIONS REGARDING SAKAMOTO ......................................... 3
`
`OPINIONS REGARDING OBVIOUSNESS OF NEW CLAIMS 6
`
`A. OPINIONS REGARDING THE NEW PRIOR ART ......................................... 6
`B. GROUND 6: CLAIMS 25, 27, 33-35, 38-40, 43-45, 48 ARE OBVIOUS
`OVER SAKAMOTO IN VIEW OF LEVI IN FURTHER VIEW OF ALBERTH ..... 10
`C. GROUND 7: CLAIMS 25, 27, 33-35, 38-40, 43-45, AND 48 ARE OBVIOUS
`OVER SAKAMOTO IN VIEW OF LEVI IN FURTHER VIEW OF GRONEMEYER
` ............................................................................................................ 21
`CONCLUSION ................................................................................ 27
`
`
`
`
`
`I.
`
`II.
`
`III.
`
`IV.
`
`
`
`
`
`IPR2020-01192
`Apple EX1080 Page 2
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`
`
`
`I, Scott Andrews, hereby declare the following:
`
`I.
`
`INTRODUCTION
`1.
`I have been asked to respond to certain issues raised by Patent Owner
`
`in Patent Owner’s Response dated June 1, 2021, and Motion to Amend dated June
`
`1, 2021. All of my opinions expressed in my original declaration (Ex. 1003) remain
`
`the same. I have reviewed the relevant portions of the POR (Paper 17) and the
`
`relevant portions of the Motion to Amend (Paper 16) in connection with preparing
`
`this supplemental declaration.
`
`2.
`
`As part of my work and in forming my opinions in connection with this
`
`proceeding, I have reviewed the following materials. For any prior art listed below,
`
`it is my opinion persons of ordinary skill in my field would reasonably rely upon
`
`such prior art in forming opinions regarding the subject matter of this proceeding:
`
`• Materials relied on for my previous Declaration;
`• U.S. Patent No. 6,438,381 to Alberth, Jr. et al. (“Alberth”) (Ex. 1076);
`• U.S. Patent No. 6,985,811 to Gronemeyer (“Gronemeyer”) (Ex. 1077);
`• Any other materials I cite in support of this Declaration.
`
`II. OPINIONS REGARDING SAKAMOTO
`3.
`In my opinion, the ’618 Patent describes periodically checking the
`
`availability of a GPS signal in a similar way to how Sakamoto teaches monitoring
`
`signal levels from GPS satellites “at the cycle set in advance.” Sakamoto, [0037].
`
`The ’618 Patent specification describes “the tracking device 100 periodically checks
`
`
`
`IPR2020-01192
`Apple EX1080 Page 3
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`availability of GPS signal, e.g., perform a GPS signal acquisition to determine if a
`
`receive communication signal is above a first signal level.” Ex. 1001, ’618 Patent,
`
`7:2-5, 9:48-56, Fig. 3 (Step 312).
`
`4.
`
`Similarly, Sakamoto teaches “at a cycle set in advance,” a positioning
`
`control message (“satellite signal level request message”) is transmitted from the
`
`positioning server 2 to the terminal 1 using the format depicted in Fig. 6. Sakamoto,
`
`[0037], Fig. 6; Ex. 1003, ¶ 137 (“Sakamoto teaches that position searching may be
`
`performed manually or automatically according to a ‘cycle set in advance,’ and that
`
`signal level detection is performed during a set ‘measurement time.’”), ¶ 138. As is
`
`known by a POSITA “position searching” is a process that involves much more
`
`processing of the GPS signals than simply measuring their level, so, while Sakamoto
`
`does not describe exactly what portions of the GPS receiver are activated to measure
`
`the signal level, a POSITA would have understood, as I noted in my deposition (Ex.
`
`2003, 20:25-21:20, 29:15-18), that at least some circuits in the GPS receiver are
`
`activated “at the cycle set in advance” to measure the signal level.
`
`5.
`
`Turning back to Sakamoto, in response to the satellite signal level
`
`request message, positioning control unit 13 of communication terminal 1 causes
`
`satellite signal level detection unit 15 of terminal 1 to “monitor the signal level from
`
`the GPS satellite during the measurement time specified in the satellite signal level
`
`request message,” and terminal 1 calculates the “result of the average value of the
`
`
`
`IPR2020-01192
`Apple EX1080 Page 4
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`signal level.” Sakamoto, [0037]. Terminal 1 prepares a satellite signal level response
`
`message using the format depicted in Fig. 7 and transmits said response message to
`
`the remote server 2. Id, [0037], Fig. 7.
`
`6.
`
`Positioning server 2 receives the satellite signal level response message
`
`from terminal 1 and selects an operating mode for terminal 1 based on a level of the
`
`GPS signal included in the satellite signal level response message. As I discussed in
`
`my Declaration (Ex. 1003), Sakamoto teaches terminal 1 transitions to one of the
`
`normal sensitivity mode, the high sensitivity mode, or the “stop-position searching”
`
`mode, depending on the satellite signal level measured during the measurement time
`
`specified in the satellite signal level request message. Ex. 1003, ¶¶ 107, 132-133.
`
`7. When the terminal 1 is in the stop-position searching mode, GPS
`
`positioning is not performed. At the cycle set in advance the terminal 1 measures
`
`GPS signal levels and either remains in its current operating mode or transitions to
`
`another mode based on the GPS signal level measurements. In the case where the
`
`terminal 1 is in the stop-position searching mode and at the cycle set in advance, the
`
`GPS signal level is measured and if has improved enough to perform GPS position
`
`searching, the terminal 1 then transitions to either the high sensitivity mode (if the
`
`signal level is low) or the normal sensitivity mode (if the signal level is high), based
`
`on the signal level measurements. As discussed above, in the high sensitivity mode
`
`and normal sensitivity mode, the GPS receiver of terminal 1 performs positioning
`
`
`
`IPR2020-01192
`Apple EX1080 Page 5
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`operations. Thus, transitioning to either the high sensitivity mode or normal
`
`sensitivity mode from the stop-position searching mode would reactivate the GPS
`
`receiver to perform positioning, as I discussed in my original declaration. (Ex. 1003,
`
`¶¶ 107, 132-133, 136, 140). However, as I noted in my previous Declaration,
`
`Sakamoto’s high sensitivity mode “is not relied on for the mapping in the Petition.”
`
`Ex. 1003, ¶ 132. Likewise, Sakamoto’s “high sensitivity” mode is not relied on here.
`
`III. OPINIONS REGARDING OBVIOUSNESS OF NEW CLAIMS
`A. Opinions Regarding the New Prior Art
`8.
`I have been informed that U.S. Patent No. 6,438,381 to Alberth, Jr. et
`
`al. (“Alberth” or “Ex. 1076”) is prior art to the ’618 Patent. I have reviewed Alberth
`
`and provide herein my opinions on the teachings of Alberth. The opinions provided
`
`herein do not necessarily represent my entire understanding of Alberth.
`
`9.
`
`Alberth generally relates to a method and apparatus for location
`
`determination of a cellular telephone utilizing a GPS receiver. Alberth, 1:6-7, 1:47-
`
`50. Alberth teaches periodically activating the GPS receiver 42 “to detect and
`
`process location signaling transmitted by the GPS satellites 18 (FIG. 1). For
`
`example, the GPS receiver can periodically activate at a rate of substantially every
`
`five seconds, thirty seconds or minute.” Id., 3:53-57. Alberth teaches that this
`
`“periodic activation rate is referred to as a first rate, and other frequencies of
`
`activation may be chosen for the first rate as necessary.” Id., 3:58-60. Alberth further
`
`
`
`IPR2020-01192
`Apple EX1080 Page 6
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`teaches that there is a tradeoff in battery drain in that the “more frequently the
`
`activation, the more up-to-date the position location information will be. The
`
`tradeoff for higher frequencies for the first rate of activation is battery drain.” Id.,
`
`3:60-63.
`
`10. Alberth teaches that if “position location signals are not suitable for
`
`processing (e.g., too weak), the controller 40 decreases the frequency at which the
`
`GPS receiver 42 periodically activate[s] to detect position location signaling. This is
`
`done to save battery power.” Id., 4:31-36. Alberth teaches that conditions such as the
`
`position of the mobile station (e.g., within a building) can cause the GPS signal to
`
`be weak. Id., 4:36-41. Alberth teaches that controller 40 decreases the frequency of
`
`GPS receiver 42 activation to a “second, predetermined rate” that can be, for
`
`example, “every five minutes, ten minutes, twenty minutes, or more” and that in the
`
`illustrated embodiment, “the rate of activation is reduced to once every twenty
`
`minutes.” Id., 4:42-47. Alberth teaches that this “rate of activation is a design
`
`tradeoff between how current the geographic location information is and battery
`
`conservation.” Id., 4:47-49. Alberth refers to this second rate as a “low power mode.”
`
`Id., 5:42-45. Alberth teaches that during the second rate (i.e., “low power mode”),
`
`“at least a portion of the receiver, here GPS receiver 42, is deactivated to conserve
`
`power.” Id., 4:50-52. Additionally, Alberth teaches that the GPS signal level is
`
`measured during the low power mode at the second rate (e.g., every twenty minutes)
`
`
`
`IPR2020-01192
`Apple EX1080 Page 7
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`and that if the signal level improves so that GPS positioning can again occur, the
`
`device transitions back to the “normal” operation mode (i.e., activates) and resumes
`
`performing GPS positioning, consumes more power, and increases the frequency of
`
`“detect[ing] and process[ing] location signaling transmitted by the GPS satellites,”
`
`such that activation is in response to a GPS signal level measurement. Alberth, 3:53-
`
`55, 5:37-42. I note that the Petition and my Declaration discuss Sakamoto’s
`
`“activation” as transitioning from the stop-position searching mode to the normal
`
`mode. Paper 1, 31-32, 38-41; Ex. 1003, ¶ 120, ¶ 140 (“[A]t least one portion of each
`
`of these circuitries within Sakamoto’s device are activated when the device enters
`
`normal mode.”), ¶ 136 (“[T]ransition to a positioning mode (i.e., activate GPS) when
`
`the signal was high enough to obtain positioning[.]”), generally ¶¶ 131-140.
`
`11. Because both Alberth and the ’618 Patent are directed to portable
`
`electronic tracking devices that employ GPS receivers, Alberth is in the same field
`
`of endeavor as the ’618 Patent. Additionally, like the ’618 Patent, Alberth teaches
`
`reducing applied power to location tracking circuitry (e.g., GPS receiver) in response
`
`to measurement of a GPS signal level too weak for processing. Therefore, Alberth is
`
`pertinent to a problem to be solved by the claimed invention in the ’618 Patent.
`
`12.
`
`I have been informed that U.S. Patent No. 6,985,811 to Gronemeyer
`
`(“Gronemeyer” or “Ex. 1077”) is prior art to the ’618 Patent. I have reviewed
`
`Gronemeyer and provide herein my opinions on the teachings of Gronemeyer. The
`
`
`
`IPR2020-01192
`Apple EX1080 Page 8
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`opinions provided herein do not necessarily represent my entire understanding of
`
`Gronemeyer.
`
`13. Gronemeyer generally relates to a portable GPS receiver unit.
`
`Gronemeyer, 1:14-15, 14:20-21. Gronemeyer teaches conserving power in the “GPS
`
`receiver unit by shutting down selected components during periods when the GPS
`
`receiver unit is not actively acquiring satellite information used to calculate the
`
`location of the GPS receiver unit.” Id., 5:11-14. Gronemeyer teaches maintaining
`
`power to “very low-power consuming devices,” including a K32 oscillator and low
`
`power clock that are part of a low power time keeping circuit even when the selected
`
`components are shut down. Id., 12:58-62, 14:1-21. Gronemeyer teaches that keeping
`
`low power time keeping circuit powered on even when shutting down other
`
`components to conserve power advantageously “accurately maintains GPS time
`
`during the sleeping period enabl[ing] a GPS receiver unit 100 to more quickly
`
`reacquire the GPS satellite signals, thereby saving power resources” compared to
`
`conventional GPS receivers. Id., 14:36-48.
`
`14. Because both Gronemeyer and the ’618 Patent are directed to portable
`
`electronic tracking devices that employ GPS receivers, Gronemeyer is in the same
`
`field of endeavor as the ’618 Patent. Additionally, Gronemeyer teaches a “sleep
`
`mode” (i.e., low power mode) in which some components of a GPS receiver are shut
`
`
`
`IPR2020-01192
`Apple EX1080 Page 9
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`down while others consume power. Gronemeyer, 14:1-12. Therefore, Gronemeyer
`
`is pertinent to a problem to be solved by the claimed invention in the ’618 Patent.
`
`B. Ground 6: Claims 25, 27, 33-35, 38-40, 43-45, 48 Are Obvious Over
`Sakamoto in View of Levi in Further View of Alberth
`15. Alberth teaches a mobile station with a GPS receiver 42 that operates
`
`at two different “frequencies of activation” (also referred to as “rate of activation”
`
`or “activation rate.”). Alberth, 3:53-63, 4:32-35, 4:42-49. The first rate is referred to
`
`as “normal operation” and the second rate is referred to as “low power mode.” Id.,
`
`4:26, 5:37-45. When operating at the first rate in normal operation, the GPS receiver
`
`activates periodically every five seconds, thirty seconds or minute. Id., 3:53-57. In
`
`my opinion, Alberth’s “normal operation” is similar to Sakamoto’s “normal
`
`positioning mode” because Sakamoto teaches its GPS receiver 10 turns on and off
`
`periodically according to a predetermined schedule when the GPS satellite signal
`
`level is high and when GPS positioning is performed. Sakamoto, [0004]-[0005],
`
`[0027], [0036], [0038]-[0039], [0042], [0045], [0050]; Alberth, 3:54-63, 5:39-42. I
`
`also note that Alberth’s predetermined rates for measuring GPS signal level strength
`
`are similar to Sakamoto’s measurement according to a “cycle set in advance,” i.e.,
`
`the GPS receiver in Alberth is activated periodically to measure GPS signal levels
`
`according to the instructed activation rate. Sakamoto, [0037]; Ex. 1003, ¶ 137-138.
`
`16. As noted above, Alberth expressly teaches that operation at the second
`
`activation rate is a low power mode and conserves power. Id., 5:42-45, 4:50-52.
`
`
`
`IPR2020-01192
`Apple EX1080 Page 10
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`Alberth teaches that selecting the low power mode is responsive to GPS signals
`
`being too weak for processing, such that GPS positioning does not occur in Alberth’s
`
`low power mode. Alberth, 4:32-36 (“If the position location signals are not suitable
`
`for processing (e.g. too weak), the controller 40 decreases the frequency at which
`
`the GPS receiver 42 periodically activate[s] to detect position location signaling.
`
`This is done to save battery power.”). Because transitioning to the second activation
`
`rate / low power mode is in response to a weak GPS signal, and transitioning to the
`
`second activation rate / low power mode conserves power, Alberth teaches the
`
`claimed deactivating “in response to measurement of a receive communication
`
`signal less than a first signal level.”
`
`17.
`
`I also note that Alberth’s “low power mode” is similar to Sakamoto’s
`
`“stop-position searching mode.” In each of these modes, position searching is
`
`stopped because GPS signals are not suitable for position determination
`
`(“processing”) because they are “too weak.” Alberth, 4:32-36; Sakamoto, [0038] (“If
`
`it is determined that the positioning cannot be performed when the signal level value
`
`is equal to or low than a predetermined threshold value, the position search may be
`
`stopped.”), [0050] (“[P]ower consumption can be reduced by stopping the position
`
`search when positioning is not possible[.]”). Thus, Sakamoto’s “stop-position
`
`searching mode” is similar to Alberth’s “low power mode” because 1) GPS
`
`positioning is not performed in either of these modes and 2) battery power is
`
`
`
`IPR2020-01192
`Apple EX1080 Page 11
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`conserved in both of these modes. Furthermore, I note that Alberth does not teach a
`
`mode similar to Sakamoto’s “high sensitivity” mode. However, as I noted in my
`
`previous Declaration, Sakamoto’s high sensitivity mode “is not relied on for the
`
`mapping in the Petition.” Ex. 1003, ¶ 132. Likewise, Sakamoto’s “high sensitivity”
`
`mode is not relied on here.
`
`18. Alberth teaches that operating in the low power mode saves battery
`
`power compared to operating in the normal mode. Id., 4:32-36, 3:60-63, 6:30-33. In
`
`my opinion, Alberth saves battery power in at least two ways. First, Alberth teaches
`
`saving battery power by decreasing the rate of activation to a second rate of
`
`activation, which means the receiver is inactive for a longer period of time than with
`
`the first rate of activation used in the normal operation mode. Alberth teaches that in
`
`the low power mode, in “illustrated embodiment, the rate of activation is reduced to
`
`once every twenty minutes.” Id., 4:45-47. In the normal operating mode, examples
`
`of the rate of activation are “five seconds, thirty seconds or minute.” Id., 3:55-60.
`
`Alberth expressly teaches more frequent activation uses more battery power. Id.,
`
`3:60-63 (“The more frequently the activation, the more up-to-date the position
`
`location information will be. The tradeoff for higher frequencies for the first rate of
`
`activation is battery drain.”). When describing the second rate of activation, Alberth
`
`provides a similar teaching. Id., 4:47-49 (“Once again, the rate of activation is a
`
`design tradeoff between how current the geographic location information is and
`
`
`
`IPR2020-01192
`Apple EX1080 Page 12
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`battery conservation.”), 4:31-36. In my opinion, if battery drain is lower, the GPS
`
`receiver “consumes at least reduced power,” as claimed. Furthermore, since the low
`
`power mode “conserve[s] power,” a POSITA would have understood that the GPS
`
`receiver “consumes at least reduced power,” as claimed, when compared to the first
`
`activation rate of the normal operation mode.
`
`19. Second, Alberth teaches that “at least a portion of the receiver, here
`
`GPS receiver 42, is deactivated to conserve power.” Id., 4:50-52. In my opinion, a
`
`POSITA would have understood that Alberth teaches deactivating a portion of GPS
`
`receiver 42 (and not necessarily the entire GPS receiver). In my opinion, based on
`
`Alberth’s teachings, there would be at least some circumstances where all power to
`
`the GPS receiver is not shut off or eliminated. Indeed, had Alberth intended to teach
`
`deactivating the entire GPS receiver, he would have taught such instead of teaching
`
`deactivating “at least a portion” of the GPS receiver. Furthermore, other teachings
`
`in Alberth indicate to a POSITA that the GPS receiver’s power is not shut off or
`
`eliminated entirely. For example, Alberth teaches when the signal strength is “still
`
`too weak,” the “GPS receiver 42 deactivates and operation in the low power mode
`
`continues- the controller continues to activate the GPS receiver 42 at the decreased
`
`frequency.” Id., 5:41-45. Because the low power mode continues and the controller
`
`continues to activate the GPS receiver at the second rate of activation, a POSITA
`
`would have understood that power to the entire GPS receiver is not shut off or
`
`
`
`IPR2020-01192
`Apple EX1080 Page 13
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`eliminated throughout the low power mode activation. Thus, Alberth achieves saving
`
`battery power in low power mode by both deactivating at least a portion of GPS
`
`receiver 42 and by making the second frequency rate a longer period of time than
`
`the first frequency rate of the normal operation mode.
`
`20.
`
`In addition to activating the GPS receiver to check a signal level at the
`
`predetermined rate of the low power mode (e.g., every twenty minutes), Alberth
`
`teaches a method of increasing the frequency at which the GPS signal level is
`
`checked while in the low power mode based on the cellular signal level. Alberth,
`
`4:59–5:34. In this method, when the GPS receiver is in the low power mode,
`
`measurements of the cellular signal levels are taken over a period of time (e.g., one
`
`minute) to form a “long term signal strength” measurement. Alberth, 4:59-5:7. The
`
`twentieth measurement, for example, is taken as a “short term signal strength” and
`
`is compared to the “long term signal strength.” Id., 5:12-24. Alberth teaches that if
`
`“the short term signal strength improves in comparison to the long term signal
`
`strength by some predetermined amount (e.g. 20 dB), the controller 40 activates the
`
`GPS receiver to attempt to detect the position location signaling.” Id., 5:35-39. Thus,
`
`Alberth teaches a method for causing the GPS receiver to check GPS signal level
`
`strength before the full twenty minutes of the second, predetermined rate (while in
`
`the low power mode) have elapsed.
`
`
`
`IPR2020-01192
`Apple EX1080 Page 14
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`21. While this method may be used to not wait for the full time period of
`
`the second, predetermined rate to elapse, use of this method still conserves battery
`
`power compared to the normal operations mode. Alberth teaches that “[d]ecreasing
`
`the rate of GPS receiver activation upon determining that the position location
`
`signals are not sufficient for location determination calculation conserves mobile
`
`station battery power.” Id., 6:30-33.
`
`22.
`
`I also note that Alberth teaches changing the rate of activation of the
`
`GPS receiver based on GPS signals rather than cellular signals “provides for a more
`
`reliable determination criteria.”
`
`In addition, changing the rate of activation of the GPS receiver
`based upon the actual position location signaling rather than, say,
`the strength of the cellular communication signals provides for a
`more reliable determination criteria. This is because the cellular
`communication signals are largely uncorrelated with GPS signals
`transmitted by GPS satellites. Thus, a user can be deep within a
`building and away from a window so that GPS signals are weak or
`virtually undetectable. There may be, however, a picocell cellular base
`station transmitter deep within the building. Basing the initial decision
`as to whether to decrease the rate of activation of the GPS receiver
`on the quality of the cellular communication link could thus result
`in erroneous decisions.
`Id., 6:34-47 (emphasis added).
`
`
`
`IPR2020-01192
`Apple EX1080 Page 15
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`23. Thus, Alberth does not teach changing the rate of activation based on
`
`the signal strength of cellular signals. Alberth teaches a method for the GPS receiver
`
`to check GPS signal strength before the full time period of the second, predetermined
`
`rate has elapsed. However, the decision to change the rate of activation (i.e.,
`
`transition from low power mode to normal operation mode) is based on the GPS
`
`signal level strength and not the cellular signal strength because of the shortcomings
`
`expressly taught by Alberth.
`
`24. Similar to entering the low power mode, Alberth teaches the GPS
`
`receiver activating to the normal operation responsive to a measurement of a GPS
`
`signal above a predetermined threshold. If the GPS receiver is currently in the
`
`normal operation mode and the GPS signal level is measured as suitable for
`
`processing, operation in the normal mode continues.
`
`If the position location signals are suitable for processing, normal
`operation continues and the position signals are used for geographic
`location as is known in the art. The GPS receiver 42 continues to
`periodically activate at the first predetermined rate to detect and process
`new position location signaling.
`Id., 4:25-30. If the GPS receiver is currently in the low power mode and when signal
`
`level detection is performed the GPS signals are sufficiently strong for processing,
`
`the GPS receiver activates and transitions to the normal operating mode.
`
`[T]he controller 40 activates the GPS receiver 42 to attempt to detect
`the position location signaling. If the position signals are of sufficient
`
`
`IPR2020-01192
`Apple EX1080 Page 16
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`strength, the controller 40 increases the frequency of activating the GPS
`receiver 42 back to the first predetermined rate and normal operation
`continues.
`Id., 5:37-42.
`
`25.
`
`If the GPS receiver is in the low power mode and signals are “still too
`
`weak for processing, the GPS receiver 42 deactivates and operation in the low power
`
`mode continues- the controller continues to activate the GPS receiver 42 at the
`
`decreased frequency.” Id., 5:41-45. It is my opinion that the “decreased frequency”
`
`refers to the second, predetermined rate used during the “low power mode.” Alberth
`
`4:31-35, 4:42-47. As I discussed above, Alberth teaches two frequency rates: 1)
`
`normal or “first” frequency rate (id., 3:53-63) and 2) low power or “second”
`
`frequency rate (id., 4:31-35, 4:42-47). As I also discussed above, battery power is
`
`conserved in the low power mode compared to the normal operation mode. Because
`
`the rate of activation is selected based on the GPS signal level, the reduction in
`
`battery usage is performed in response to a weak signal level.
`
`26. As I discussed above, Alberth teaches deactivating a portion of GPS
`
`receiver 42. I note that LBT included an amendment to the claims of the ’618 Patent
`
`to recite “the location tracking circuitry is deactivated by placing the at least one
`
`portion of the transceiver circuitry and the location tracking circuitry in a low power
`
`mode.” Paper 16, 26. In my opinion, LBT equates deactivation with a low power
`
`mode. Alberth similarly equates deactivation of at least a portion of a GPS receiver
`
`
`
`IPR2020-01192
`Apple EX1080 Page 17
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`42 with placing said receiver in a low power mode. For at least this reason, Alberth’s
`
`teaching of deactivating at least a portion of GPS receiver 42 by placing said receiver
`
`in a low power mode teaches the claimed “reducing, to a low power mode[.]”
`
`27.
`
`It would have been obvious to a POSITA to modify Sakamoto’s system
`
`to include Alberth’s low power mode and a POSITA would have been motivated to
`
`do so for the reasons I discuss below. In particular, a POSITA would have been
`
`motivated to modify Sakamoto’s GPS receiver 10 to utilize Alberth’s “second,
`
`predetermined rate” to decrease the frequency of activation to “save battery power”
`
`(also “conserve power”) as expressly taught by Alberth when GPS signals were “not
`
`suitable for processing (e.g. too weak).” Alberth, 4:31-37, 4:50-52.
`
`28. A POSITA would have recognized the similarities between Sakamoto’s
`
`GPS system and Alberth’s GPS system and would have appreciated that features of
`
`Alberth’s system would have been readily implementable in Sakamoto’s system. For
`
`example, as I discussed above, Alberth teaches two distinct predetermined rates of
`
`activation. The first predetermined rate is used during “normal operation,” and the
`
`GPS receiver periodically activates at a first rate, with examples given of “every five
`
`seconds, thirty seconds or minute.” Alberth, 3:53-63. Alberth teaches the first rate is
`
`used in the “normal operation” mode where the “GPS receiver 42 continues to
`
`periodically activate at the first predetermined rate to detect and process new
`
`position location signaling.” Id., 4:25-30. Alberth teaches that the “more frequently
`
`
`
`IPR2020-01192
`Apple EX1080 Page 18
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`the activation, the more up-to-date the position location information will be. The
`
`tradeoff for higher frequencies for the first rate of activation is battery drain.” Id.,
`
`3:53-63. Similarly, Sakamoto teaches a “normal sensitivity positioning mode” in
`
`which GPS receiver 10 is periodically turned on and off to perform positioning.
`
`Sakamoto, [0035]-[0036]. I also note that Sakamoto teaches periodically checking
`
`GPS satellite signal level “at the cycle set in advance,” which a POSITA would have
`
`understood is a predetermined rate for checking the signal level. Sakamoto, [0037].
`
`29. When checking the signal level in the normal operation mode, Alberth
`
`teaches that if “position location signals are not suitable for processing (e.g. too
`
`weak), the controller 40 decreases the frequency at which the GPS receiver 42
`
`periodically activate[s] to detect position location signaling. This is done to save
`
`battery. The position location signals may be too weak based upon the position of
`
`the mobile station.” Alberth, 4:31-37. The decrease in frequency is referred to as a
`
`“second, predetermined rate.” Id., 4:42-45. As I discussed above, Alberth teaches
`
`that decreasing the frequency of activation advantageously saves battery power
`
`when the signal level is weak.
`
`30. A POSITA would have been motivated to implement Alberth’s second
`
`rate of activation in Sakamoto’s system to achieve the same battery power saving
`
`advantages taught by Alberth. Indeed, it would have been advantageous and
`
`desirable to a POSITA to increase the time between each GPS receiver activation
`
`
`
`IPR2020-01192
`Apple EX1080 Page 19
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`(from five seconds / thirty seconds / a minute to, for example, twenty minutes) for
`
`checking the GPS signal level for the express advantages taught by Alberth.
`
`Modifying Sakamoto to check GPS signal level strength at a second rate (as opposed
`
`to Sakamoto’s single cycle set in advance) when GPS signals are too weak for
`
`processing, as taught by Alberth, would have provided the same advantages and
`
`would have increased battery power savings in Sakamoto’s system. In the modified
`
`Sakamoto system, a first pre-determined cycle would be used if the GPS signal levels
`
`are sufficient. A second pre-determined cycle would be used if the GPS signal levels
`
`are weak. Per Alberth, this would extend the battery usage.
`
`31. Additionally, it would have been obvious to a POSITA to deactivate “a
`
`portion” of Sakamoto’s GPS receiver and leave at least a portion of said GPS
`
`receiver powered on. A POSITA would have recognized that leaving at least a
`
`portion of Sakamoto’s GPS receiver 10 powered on would have advantageously
`
`avoided performing a cold start every time a GPS signal level measurement is taken.
`
`A POSITA would have understood that performing a cold start every time a GPS
`
`signal level measurement is taken would have wasted battery power. Ex. 1003, ¶ 140
`
`(“If that data is lost, then the receiver must do a ‘Cold Start’, requiring time spent
`
`reacquiring the satellite signals and/or data.”). Therefore, a POSITA would have
`
`been motivated to deactivate only “at least a portion” of the GPS receiver 10 to
`
`achieve additional battery savings and improve signal detection operations, as taught
`
`
`
`IPR2020-01192
`Apple EX1080 Page 20
`
`
`
`Supplemental Declaration of Scott Andrews
`Patent No. 8,421,618
`by Alberth. For at least these reasons, a POSITA would have been motivated to
`
`modify Sakamoto according to Alberth’s teachings and would have done so to
`
`achieve Alberth’s advantages of saving battery power and avoiding performing a
`
`cold start every time a GPS signal level measurement is taken. When making such a
`
`modification, a POSITA would have had at least a reasonable expectation of success
`
`because such a modification would have been straightforward and within the skillset
`
`of a POSITA, requiring only simple programming changes. Furthermore, modifying
`
`Sakamoto to utilize both a first and second rate of activation would have had a
`
`reasonable expectation of success because Sakamoto
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
