EXHIBIT B-30
`EXHIBIT B-30
`
`EcoFactor, Inc.
`Exhibit 2007
`
`IPR2021-00054
`Page 1 of 6
`
`EcoFactor, Inc.
`Exhibit 2007
`IPR2021-00054
`Page 1 of 6
`
`

`

`
`
`Exhibit B-30
`
`Invalidity Contentions: U.S. Patent No. 10,534,382
`
`W.D. Tex., Case Nos. 6:20-cv-00075-ADA, 6:20-cv-00078, 6:20-cv-000801
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`REPRESENTATIVE CLAIM LIMITATION: “wherein the determination of whether the building is occupied or unoccupied by the one or more
`processors is based on a third data received from a motion sensor”
`
`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claims 10, 17, 18, 20.
`
`DISCLOSURE: To the extent Plaintiff alleges that any anticipatory reference identified in Exhibit A does not disclose any portion of the above
`limitation, the following exemplary pincites show that those allegedly missing portions would have been obvious to one of ordinary skill in the art at
`the time the alleged invention was made in light of the prior art references identified in the table below. Moreover, it would have been obvious to
`combine any anticipatory reference identified in Exhibit A with any one or more of the following references for at least the reasons explained in the
`cover document of Defendants’ Invalidity Contentions or as identified herein. All emphasis added unless otherwise indicated.
`
`Reference
`
`Disclosure*
`
`enabling
`response
`“Demand
`technology development” (“Arens”)
`
`Arens discloses “wherein the determination of whether the building is occupied or unoccupied by the one or
`more processors is based on a third data received from a motion sensor.”
`
` “The sensors currently implemented include…
`
`• Motion – used to determine occupancy of various spaces. Also used to preserve power on the signal light
`units (see Actuators, below). It uses a passive infrared motion sensor to detect changes in infrared radiation
`when there is movement by an object with a temperature different than the surroundings (see Appendix B).”
`
`
`
`Arens at p. 11.
`
`
`1 These contentions are being served by defendants in the following actions: EcoFactor, Inc. v. Google LLC, No. 6:20-cv-00075-ADA; EcoFactor, Inc. v. Ecobee, Inc., No. 6:20-cv-00078-ADA; and
`EcoFactor, Inc. v. Vivint, Inc., No. 6:20-cv-00080-ADA.
`*To the extent that these Invalidity Contentions rely on or otherwise embody particular constructions of terms or phrase in the Asserted Claims, Defendants are not proposing any such contentions as
`proper constructions of those terms or phrases. Various positions put forth in this document are predicated on Plaintiff’s incorrectly and overly broad interpretation of the claims as evidenced by its
`Infringement Contentions provided to Defendants. Those positions are not intended to and do not necessarily reflect Defendants’ interpretation of the true and proper scope of Plaintiff’s claims, and
`Defendants reserve the right to adopt claim construction positions that differ from or even conflict with various positions put forth in this document.
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`
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`EcoFactor, Inc.
`Exhibit 2007
`IPR2021-00054
`Page 2 of 6
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`

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`
`Reference
`
`Disclosure*
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`“Initially, we installed three T-mote Sky motes, and continued adding and relocating motes until we had 13
`motes installed in the house. Figure 6 below shows a plan of the house with the final configuration of
`distributed indoor sensors (motion, air temperature, globe temperature, relative humidity, power sensing)
`and outdoor weather station. All motes were battery-powered except for one ac-powered repeater mote, and
`the base mote connected to a Tablet PC. All battery-powered motes transmitted battery voltage data as well as
`sensor data.”
`
`Arens at p. 15.
`
`“As implemented, most generic motes have two temperature sensors (air and globe) and a motion sensor
`plugged in via the mono phone jacks. One port is available for future sensors, such as light sensor, reed switch
`to indicate door/window opening, or IR temperature sensor. See Figure 7 below.”
`
`Arens at p. 16.
`
`“We developed an HVAC actuation mote with four latching relays (24vac hot, heater, ac, fan) to replace the
`actuation functions of today’s thermostat. The HVAC mote was initially designed to include a temperature
`sensor and LCD display, price signal indicator, and motion sensor; the package was designed around the three
`C batteries required to operate price signal LEDs running full-time for several weeks. However, for this
`experiment, only the relay function was tested. See Figure 9 below.”
`
`Arens at p. 17.
`
`U.S. Patent No. 2004/0117330
`(“Ehlers”)
`
`Ehlers discloses “wherein the determination of whether the building is occupied or unoccupied by the one or
`more processors is based on a third data received from a motion sensor.”
`
`“Additional two-way communicating sensors will also improve the operational capabilities of the
`system 3.08 by providing additional input data. Occupancy sensors as an example would provide the
`system 3.08 with knowledge of if there were people present in the site 1.04. The system 3.08 is capable of
`receiving authorization from any authorized entity to perform items like ramping, set point modifications or
`dehumidification differently depending on the presence or absence of the occupant. If unoccupied, the
`system 3.08 can be directed to take more savings related actions and defer comfort control options. This ability
`increases its ability to deliver savings and reduce demand on the supply chain without affecting the occupants'
`level of comfort.”
`
`2
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`EcoFactor, Inc.
`Exhibit 2007
`IPR2021-00054
`Page 3 of 6
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`
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`Reference
`
`Disclosure*
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`Ehlers at [0266].
`
`“The system’s 3.08 performance and energy reduction capabilities are further enhanced during all periods by
`applying the most energy effective set point or its related off set if the occupancy mode is “vacant” and
`applying the comfort management off set if the occupancy mode is “home”. This occupancy sensitive control
`is further enhanced by the addition of occupancy sensing devices that communicate with the
`system 3.08.”
`
`Ehlers at [0245].
`
`“This type of temperature control device provides the occupant the convenience of not having to manually
`select either the heating or cooling system, as is the case of the standard single control device, and allows the
`occupant to define a temperature range between which they are comfortable. Using these two main types of
`design as a base line, there are many variations, which have been developed over time. Over the years, these
`sensing and control devices have moved from traditional bi-metal contractors to more sophisticated electronic
`devices over the years, and have incorporated the ability to be programmed with multiple set points for both
`heating and cooling as well as having the ability to activate these different set points based on time of day, day
`of week, and/or externally generated control signals from utility companies indicating a fixed cost tier that is
`in effect, e.g., low, medium, high & critical, and to interface with an infra-red motion sensor that
`automatically sets back the temperature to a predetermined point based on the presence of a person in
`the area. However, most end use consumers do not have the time, experience, and/or access to data to
`monitor, track, and use these devices.”
`
`Ehlers at [0013].
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`U.S. Patent Pub. No. 2003/0050737
`(“Osann”)
`
`Osann discloses “wherein the determination of whether the building is occupied or unoccupied by the one or
`more processors is based on a third data received from a motion sensor.”
`
`“The most common mechanism today for controlling lights is based on motion detectors incorporated into
`the controlling switch assembly or alternately incorporated into the light socket assembly. These work fairly
`well in some circumstances—especially in spaces where people seldom go such as attics and closets.
`However, in primary living areas, they can often cause a negative interaction with the user. For instance, the
`inventor installed a light switch with motion detector at the entry to his living room. Unfortunately, the
`detector's range does not cover the entire room, thus occasionally leaving the inventor ‘in the dark’. Were
`there a multitude of motion detectors scattered around this same room—communicating through a data
`
`3
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`EcoFactor, Inc.
`Exhibit 2007
`IPR2021-00054
`Page 4 of 6
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`Reference
`
`Disclosure*
`
`Patent No.
`U.S.
`(“Baldwin”)
`
`6,324,008
`
`communications link such that the light control circuit was guided in a more informed manner (as
`described later in this invention)—the inventor would be more positively illuminated.”
`
`Osann at ¶ 13.
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`Baldwin discloses “wherein the determination of whether the building is occupied or unoccupied by the one
`or more processors is based on a third data received from a motion sensor.” It would have been obvious to a
`POSITA to implement Baldwin’s motion sensor in Oswald’s system as one way to determine whether the
`building is occupied or unoccupied, at least because Oswald explicitly refers to Baldwin as disclosing such a
`motion sensor.
`
`“A universal multifunction sensor having multiple optical designs and providing a plurality of parameter
`sensors in one sensor module which can interface with and control operation of one or more processor control
`systems in an occupied space networked environment. The universal multifunction sensor comprises a
`passive infrared occupancy sensor and an ambient light sensor. A common network communications and
`control processor coupled to a common communication transceiver are shared in common by the occupancy
`sensor and the ambient light sensor, such that the multifunction sensor can interface with and control operation
`of one or more processor control systems in an occupied space networked environment. A segmented lens
`array comprises a plurality of lens segments forming a lens array for directing infrared radiation onto the
`passive infrared occupancy sensor, and is selected from one of the group of segmented lens arrays comprising:
`a wide view wallmount lens array providing both a wide field of view and both a long and short range detection
`optical pattern; a hallway wall mount lens array providing a narrow field of view and a long range detection
`optical pattern; a cubicle wall mount lens array providing a wide field of view and a very short range detection
`optical pattern; whereby the universal multifunction sensor can be provided with a segmented lens array
`designed to optimize the field of view and motion detection for a particular mounting application. The present
`invention also provides a novel detailed design for a cubicle wall mount segmented lens array providing a
`wide field of view and a very short range detection optical pattern suitable for operation in a close-in
`environment as in a cubicle.”
`
`Baldwin at Abstract.
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`“Different multifunction sensors 12 (1 to n) can be placed at various locations throughout a building, typically
`several on each floor level. The multifunction sensors are typically housed in small plastic enclosures such as
`those illustrated in FIGS. 2, 3 and 4. The occupancy (or motion) sensor 14 technology can be passive
`infrared (PIR), IR, ultrasonic, sonic, RF, microwave, radar or any other effective occupancy sensing
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`4
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`EcoFactor, Inc.
`Exhibit 2007
`IPR2021-00054
`Page 5 of 6
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`Reference
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`Disclosure*
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`technology. One preferred version is a Passive Infrared (PIR) design which can be used in hallways,
`rooms/offices or open office cubicles, each provided with a lens designed to optimize the field of view
`and motion detection for that particular application.”
`
`Baldwin at 4:1-12.
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`U.S. Patent No. 8,063,775 (“Reed”)
`
`
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`Reed discloses, expressly or inherently, “wherein the determination of whether the building is occupied or
`unoccupied by the one or more processors is based on a third data received from a motion sensor”:
`
`“Each of the sensors 20 is adapted to measure a pre-determined condition or characteristic and transmit the
`sensor signal representing the measured characteristic. For example, a motion sensor may be used to determine
`whether the enclosed area 11 is occupied or unoccupied.”
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`Reed, at 7:42-46.
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`5
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`EcoFactor, Inc.
`Exhibit 2007
`IPR2021-00054
`Page 6 of 6
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