EXHIBIT B-36
`EXHIBIT B-36
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`EcoFactor, Inc.
`Exhibit 2011
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`IPR2021-00054
`Page 1 of 6
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`EcoFactor, Inc.
`Exhibit 2011
`IPR2021-00054
`Page 1 of 6
`
`

`

`
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`Exhibit B-36
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`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 first data from the at least one sensor is provided by a sensor that is not electrically
`connected to the first processor”
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`ASSERTED CLAIMS: This limitation is present in the following Asserted Claims: ’382 patent claims 14, 18.
`
`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.
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`Reference
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`enabling
`response
`“Demand
`technology development” (“Arens”)
`
`Disclosure*
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`Arens discloses “wherein the first data from the at least one sensor is provided by a sensor that is not
`electrically connected to the first processor.” For example, Arens’s temperature sensors at the house (the
`claimed at least one sensor) is remote from, and not electrically connected to the server at UC Berkeley
`(including the claimed first processor).
`
` “We want to save sets of data during the real-time test of the DR system in Summer 05 in order to analyze
`them later. These data will be stored in a database located on a server of UC Berkeley. They will be stored
`in the laptop in the house, thus the controller should rely on access to them for processing (even for learning).”
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`Arens at p. 68.
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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
`
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`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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`EcoFactor, Inc.
`Exhibit 2011
`IPR2021-00054
`Page 2 of 6
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`Reference
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`Disclosure*
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`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.
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`See Arens at FIG. 6 on p. 15.
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`U.S. Patent No. 2004/0117330
`(“Ehlers”)
`
`Ehlers discloses “wherein the first data from the at least one sensor is provided by a sensor that is not
`electrically connected to the first processor.”
`
`“With particular reference to FIG. 3B, in another aspect of the present invention the thermostat 1.30D forms
`part of a temperature and environmental sensing and control system 3.08. In this aspect of the present
`invention, the thermostat 1.30D is a node having a node processor 2.02, memory 2.04 and two-way
`communications channel 2.06. As shown, in the illustrated embodiment, the thermostat 1.30D is coupled to
`the nodes 1.10 at the customer site 1.04 through the gateway node 1.10D. The thermostat 1.30D is also
`coupled to one more sensors 3.10 which are adapted to sense one or more parameters related to indoor
`or outdoor air quality. Based on the sensed data, the thermostat 1.30D controls other devices 1.08 to manage
`air quality. The managed devices may include one or more HVAC systems, air cleaners or electro-static filters,
`fans, humidifiers, de-humidifiers, damper and fresh air input ducts, and ionization devices or at type of
`device 1.08 which may affect air quality.”
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`Ehlers at [0229].
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`“In another aspect of the present invention, the system 3.08 may also display on the display screen 3.04, energy
`efficiency data. The energy efficiency data may used to indicate, based on control parameters set in the
`system 3.08, how energy efficient the management protocol and control parameters capabilities are. This
`relative efficiency data may relate to the site's 1.04 performance on a standalone basis or may be tied to a
`comparison group against which relative efficiency can be determined or both. This data indicating the relative
`and actual cost of energy and effiency can also be communicated to other remote devices 1.08 like TV screens,
`or other display devices (at the site 1.04 or remote) which are capable of communicating and displaying
`information. These devices 1.08 may includes but are not limited to appliances with displays or indicator lights
`to reflect the cost of energy or any other means available at points of consumption or stand along means to
`inform the customer of the relative and actual cost of energy and their relative energy efficiency level. The
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`2
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`EcoFactor, Inc.
`Exhibit 2011
`IPR2021-00054
`Page 3 of 6
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`Reference
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`Disclosure*
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`system 3.08 may also manage, report and track its energy unit usage and interface with energy unit suppliers
`via a communications channel. In one embodiment, the system 3.08 controls will be located at the site 1.04,
`while the processors for modeling and managing the sources and types of energy units to be utilized and
`committed to can be local or distributed and operate over a communications network without regard to
`the actual location of or distance from the site 1.04.”
`
`Ehlers at [0238].
`
`Ehlers at FIG. 3B.
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`
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`U.S. Patent App. Pub. No.
`2005/0171645 (“Oswald ’645”)
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`
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`Oswald ’645 discloses “wherein the first data from the at least one sensor is provided by a sensor that is not
`electrically connected to the first processor.” For example, Oswald’s server (including the claimed first
`processor) is a remote server on an Internet-based network of computers, which is not electrically connected
`to the temperature sensor, which provides the inside temperature of the house.
`
`“The single central sensor 2 monitors the electrical power feeding into the house (e.g. current, voltage and
`power factor), stores appropriate data and analyses the data to determine what is happening with the house's
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`3
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`EcoFactor, Inc.
`Exhibit 2011
`IPR2021-00054
`Page 4 of 6
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`Reference
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`Disclosure*
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`appliances and with the occupants. The single central sensor 2 contains electronic computing capability
`including storage (long and short term), processing power, battery back up (not shown) and
`communications capability with the wider network and local devices.
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`Communications (FIGS. 3 and 4)
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`Existing communication methods will be used with the system to allow communication between all parts
`of the system including Internet servers, databases of information, the single central sensor 2, the
`moveable adaptors 10, the householder's personal computer and the householder's mobile phone etc, as
`shown in FIG. 3. These existing communication methods include the well-known methods of linking by
`telephone, radio, cable and communications by power cable. The system designer will simply use the most
`appropriate available technology to achieve the communication required. FIG. 4 illustrates in more detail the
`type of information that may be sent to and from the system over the Internet, as well as the sources and
`recipients of that information.
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`Stored data
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`The data acquired will be stored on a database. This will include data of appliance characteristics, times
`appliances are on and off and derived data. It can be stored either within the house in some form of small
`computer, perhaps as part of the single central sensor 2, or on a more powerful server on the Internet-
`based network of computers.”
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`Oswald ’645 at ¶¶ 55-59.
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`“The modelling functions associated with any of the aspects of the invention may be carried out locally,
`by computing means provided as part of the system within the house; or remotely, by external computing
`means accessed via a telecommunications network.”
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`Oswald ’645 at ¶ 29.
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`See Oswald ’645 at FIGS. 3-4.
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`Patent No.
`U.S.
`(“Geadelmann”)
`
`8,196,185
`
`Geadelmann discloses “wherein the first data from the at least one sensor is provided by a sensor that is not
`electrically connected to the first processor”
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`4
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`EcoFactor, Inc.
`Exhibit 2011
`IPR2021-00054
`Page 5 of 6
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`Reference
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`Disclosure*
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`See, e.g., 23:19-32. In use, a thermostat may employ one or more external sensors such as temperature sensors.
`In many cases, the external temperature sensors are provided having a particular resistance. An installer
`typically needs to know how to connect the external temperature sensors (which sensors should be used, and
`which sensors should be connected in series and/or which sensors should be connected in parallel) in order to
`provide the thermostat with an expected resistance. In some illustrative embodiments, web server 38 may serve
`up one or more web pages that prompt user (installer or the like) to provide information pertaining to the
`external temperature sensors (if any) that will be used with the particular thermostat, and in Some cases, the
`number of remote sensors that will be used.
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`5
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`EcoFactor, Inc.
`Exhibit 2011
`IPR2021-00054
`Page 6 of 6
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