UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`TCT MOBILE (US), INC.; TCT MOBILE (US) HOLDINGS, INC.;
`HUIZHOU TCL MOBILE COMMUNICATION CO. LTD.; AND
`TCL COMMUNICATION, INC.
`
`Petitioner,
`
`v.
`
`Fundamental Innovation Systems International LLC,
`Patent Owner.
`___________________
`
`Case IPR2021-00428
`Patent No. 8,624,550
`___________________
`
`DECLARATION OF DR. KENNETH FERNALD IN SUPPORT OF
`PATENT OWNER'S RESPONSE
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`10928705
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`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`TCT MOBILE (US), INC.; TCT MOBILE (US) HOLDINGS, INC.;
`HUIZHOU TCL MOBILE COMMUNICATION CO. LTD.; AND
`TCL COMMUNICATION, INC.
`
`Petitioner,
`
`v.
`
`Fundamental Innovation Systems International LLC,
`Patent Owner.
`___________________
`
`Case IPR2021-00428
`Patent No. 8,624,550
`___________________
`
`DECLARATION OF DR. KENNETH FERNALD IN SUPPORT OF
`PATENT OWNER'S RESPONSE
`
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`TABLE OF CONTENTS
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`I.
`II.
`
`Page
`Introduction ............................................................................................ 1
`Technology Background ........................................................................ 5
`A. USB Topology ............................................................................. 5
`B.
`USB Hub ...................................................................................... 6
`C.
`Device States and Enumeration ................................................. 14
`D.
`Speed Detection ......................................................................... 23
`III. Use of SE1 in Cited Prior Art ............................................................... 26
`IV. The '550 Inventions .............................................................................. 33
`V.
`Level And Knowledge Of Skill In The Art .......................................... 35
`VI. Use of SE1 in Morita's System ............................................................. 37
`A. Morita ......................................................................................... 37
`B.
`TCT's modification would disable the USB-hub
`controllable charger's primary functionality .............................. 46
`There is no conceivable reason for Morita's charger to
`generate a signal that identifies a power source type ................. 56
`There were other known methods to enable charging or
`inform power source type that would not interfere with
`normal USB communications .................................................... 60
`
`C.
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`D.
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`I.
`
`Introduction
`1. My name is Kenneth Fernald, Ph.D. My qualifications are
`
`summarized below and are addressed more fully in my CV attached as
`
`EXHIBIT A.
`
`2.
`
`For over 35 years I have been involved in the design of integrated
`
`circuits. A large portion of my work has involved the design of integrated
`
`circuits that involve power management, battery charging and USB control. I
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`have designed USB controllers that have sold in the hundreds of millions of
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`units, and I was intimately involved in this field during the time of the patents
`
`at issue in this case.
`
`3.
`
`I earned my Bachelor of Science and Master of Science degrees in
`
`Electrical Engineering from North Carolina State University (NCSU) in 1985
`
`and 1987. During this period I worked for the Space Electronics Group
`
`developing software for predicting the effects of radiation environments on
`
`integrated circuits. I also consulted for the Naval Research Laboratory (NRL).
`
`My services to NRL included the design of dosimetry instrumentation and the
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`execution of radiation studies on electronic devices at various facilities around
`
`the United States. I joined NASA Langley Research Center in 1987 where I
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`designed motor control instruments and firmware for ground and space station
`
`experiments.
`
`4.
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`I returned to NCSU in 1988 to earn my Ph.D. in Electrical
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`Engineering. My doctoral research efforts were funded by the National
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`Science Foundation and focused on the development of medical systems
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`utilizing wireless digital telemetry. My work included a thorough investigation
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`of medical telemetry technology and design of a microprocessor-based system
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`for the fast prototyping of implantable medical instruments. I also completed
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`the design and testing of various components of this system, including a
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`bidirectional digital telemetry integrated circuit (IC) and a general-purpose
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`sensor interface and conversion IC. I completed my Ph.D. in 1992, after which
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`I joined Intermedics Inc. in Angleton, Texas.
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`5. My responsibilities at Intermedics included system and circuit
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`design of telemetry, signal-processing, and control ICs for medical devices.
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`Examples include the design of a sensor acquisition, compression, and storage
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`IC for implantable pacemakers and defibrillators. I also worked on advanced
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`wireless digital telemetry technology, control ICs for therapy delivery in
`
`defibrillators, and software development for sensor waveform compression and
`
`recovery. I left Intermedics in 1998 to join Analog Devices Inc. in Greensboro,
`
`NC.
`
`6. My work at Analog Devices included the design of advanced ICs
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`for wireless digital communication devices. Specific projects included the
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`design, debug, and testing of a base-band receiver IC for digital satellite
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`systems. This IC performed QPSK demodulation, symbol recovery, and
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`forward-error correction for high-bandwidth wireless video signals. I also
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`performed system design for a CDMA base-band transceiver IC for personal
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`communication devices.
`
`7.
`
`I rejoined Intermedics in 1998 as the first employee of an IC
`
`design group in Austin, Texas. I continued to work on next-generation medical
`
`telemetry ICs until Intermedics was acquired by Guidant in 1999. At that time
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`I joined Cygnal Integrated Products, a startup company in Austin, Texas. My
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`responsibilities at Cygnal included the design and development of mixed-signal
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`embedded products for industrial and instrumentation applications. Specific
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`projects included the design of a proprietary communication system for in-
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`system debug, a proprietary clock recovery method for USB devices, and the
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`design of numerous analog and digital circuits and systems. I remained at
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`Cygnal until its acquisition by Silicon Laboratories Inc. in 2003, at which time
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`I joined Zilker Labs, a start-up company in Austin, Texas, as their first VP of
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`Engineering and later became their Chief Technical Officer.
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`8. My responsibilities at Zilker Labs included the development of
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`advanced IC technologies for power management and delivery for board-level
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`electronic systems. Specific duties included architecture design and firmware
`
`development for all Zilker Labs products. I left Zilker Labs in 2006 to join
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`Keterex as their first VP of Engineering. My responsibilities at Keterex
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`included management of engineering resources, design and layout of
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`application-specific integrated circuits, and development of software and
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`firmware for Keterex products. I joined Silicon Laboratories in 2010 as a
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`Principal Design Engineer and I held the title of Fellow when I retired in 2017.
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`My responsibilities included architecture development and design of 8-bit and
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`32-bit microcontrollers. Projects included microcontrollers for metrology,
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`motor control, and low-power and USB applications.
`
`9.
`
`I hold over 70 patents on technologies such as wireless telemetry
`
`for medical devices, low-power analog-to-digital converters, security in
`
`embedded systems, clock recovery in communication systems, serial
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`communication protocols, and power management and conversion. I have
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`authored or co-authored over 25 articles, presentations, and seminars on topics
`
`including radiation effects in microelectronics, wireless medical devices, low-
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`power circuit design, circuit design for digital communications,
`
`microcontrollers and embedded systems, and power management. I am also a
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`co-author of the PMBus™ Power System Management Protocol Specification.
`
`10.
`
`I have been asked by Fundamental Innovation Systems
`
`International LLC to explain the technologies involved in U.S. Patent Nos.
`
`7,239,111, 6,936,936 and 8,624,550, the technologies described in the cited
`
`references, the knowledge of a person of ordinary skill in the art at the time of
`
`the invention, and other pertinent facts and opinions regarding IPR2021-00395,
`
`IPR2021-00410 and IPR2021-00428.
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`11.
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`I am being compensated for my work on this case at a fixed,
`
`hourly rate, plus reimbursement for expenses. My compensation does not
`
`depend on the outcome of this case or any issue in it, and I have no interest in
`
`these proceedings. The testimony below is provided from the perspective of a
`
`person of ordinary skill in the art at the time of the inventions.
`
`II. Technology Background
`12.
`I provide below an overview of the pertinent parts of the Universal
`
`Serial Bus ("USB") technology. Because TCT's petitions cite predominantly
`
`from the USB 1.1 Specification ("USB 1.1"), the figures I reproduce below are
`
`also from USB 1.1. The page numbers cited below are the original page
`
`numbers of the USB specifications.
`
`A. USB Topology
`13. USB has a tiered star bus topology as shown below. USB 1.1 at
`
`16; USB 2.0 at 16. USB 1.1 permits up to 4 tiers below the root tier while
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`USB 2.0 permits up to 7 tiers. Id.
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`14. A USB host at the top of the tier is connected to a node (or a
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`function) through the tiered star topology shown above. The host/roothub may
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`be connected directly to a hub or a function. A hub "provide[s] additional
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`attachment points to the USB"; and a function—"such as an ISDN connection,
`
`a digital joystick, or [a] speaker[]"—"provide[s] capabilities to the system."
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`USB 1.1 at 16, § 4.1.1.2; USB 2.0 at 17, § 4.1.1.2.
`
`15. Because TCT's primary reference Morita concerns a USB "hub-
`
`controllable charger" (see Morita, Abstract), I provide below some basic facts
`
`about a USB hub.
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`B. USB Hub
`16. At the center of each star in the above topology is a USB hub. A
`
`hub connects to either a host or another hub in the upstream direction and to
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`another hub or one or more nodes (functions) in the downstream direction. See
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`USB 1.1 at 230, Fig. 11-1 (reproduced below); USB 2.0 at 298, Fig. 11-1.
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`17.
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`"The Hub Repeater is responsible for managing connectivity on a
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`per-packet basis, while the Hub Controller provides status and control and
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`permits host access to the hub." USB 1.1 at 230; see also USB 2.0 at 297
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`("The Hub Repeater is responsible for managing connectivity between
`
`upstream and downstream facing ports which are operating at the same speed.
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`… The Hub Controller provides status and control and permits host access to
`
`the hub.").
`
`18. The Hub Repeater has one and only one upstream port that
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`connects in the upstream direction to a host or an upper-level hub. USB 1.1 at
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`231; USB 2.0 at 298. The Hub Repeater also has one or more downstream
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`ports facing towards a function or a lower-level hub. Id.
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`19. Packets sent in an upstream direction are sent to the upstream port
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`only and not to any of the other downstream ports. In contrast, packets sent in
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`a downward direction are broadcast to all enabled downstream ports. USB 1.1
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`at 231, Fig. 11-2; USB 2.0 at 298-99, Fig. 11-2.
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`
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`20. When a hub is in a suspended mode and resume signaling comes
`
`from an upstream port, that signaling is reflected to all downstream ports. In
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`contrast, resume signaling from a downstream port is reflected to the upstream
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`port and all other non-disabled or non-suspended ports. USB 1.1 at 232, Fig.
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`11-3; USB 2.0 at 299, Fig. 11-3.
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`21. Because hubs "are the essential USB component for establishing
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`connectivity between the host and other devices," it is "vital that any
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`connectivity faults, especially those that might result in a deadlock, be detected
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`and prevented from occurring." USB 1.1 at 232; USB 2.0 at 300.
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`22. A hub can be classified as a bus-powered hub or a self-powered
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`hub based on the source of its power supply. USB 1.1 at 134; USB 2.0 at 171.
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`
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`23. As is clear from the USB specification reproduced above, a bus-
`
`powered hub draws all of its energy for downstream ports and any internal
`
`functions from the VBUS line of the hub's upstream port. In contrast, a self-
`
`powered hub has an alternate power source for its internal functions and
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`downstream ports. Id.; see also USB 1.1 at 18 ("USB devices that rely totally
`
`on power from the cable are called bus-powered devices. In contrast, those that
`
`have an alternate source of power are called self-powered devices."); USB 2.0
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`at 18 (same).
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`24. An annotated schematic of a self-powered hub is shown below
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`("compound" refers to the fact the hub also has internal or non-removable
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`functions in addition to downstream ports). USB 1.1 at 136, Fig. 7-33; USB
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`2.0 at 172-73, Fig. 7-33. As seen below, "Local Power Supply" supplies power
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`to both the downstream ports and the non-removable function via a power
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`regulator (which may include over-current protection). USB 1.1 at 134, 136;
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`USB 2.0 at 171, 172-73. A self-powered hub may (but need not) draw up to 1
`
`unit load, or 100 mA, of current from its upstream port to supply power to the
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`USB hub controller (but not to supply power to the downstream ports or the
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`internal functions). Id.
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`
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`25.
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`In contrast to a bus-powered hub, each downstream port of a self-
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`powered hub can supply 500 mA or 5 unit loads of current. This is particularly
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`the case when the alternate or local power supply is a non-battery power, such
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`as an AC power from an outlet. See USB 1.1 at 134 ("Hubs that obtain
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`operating power externally (from the USB) must supply five unit loads to each
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`port. Battery-powered hubs may supply either one or five unit loads per port.");
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`USB 2.0 at 171 (same).
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`26. The USB specification also requires that a hub "be able to provide
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`the maximum current per port (one unit load of current per port for bus-
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`powered hubs and five unit loads per port for self-powered hubs)" even
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`"[w]hen [the] hub is in the Suspend state." USB 1.1 at 139; USB 2.0 at 176.
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`"This is necessary to support remote wakeup-capable devices that will power-
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`up while the remainder of the system is still suspended." Id.
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`27. A downstream port in a self-powered hub that is powered by an
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`AC power source would be considered a High-power Hub Port, because the
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`port can meet the power demand of a High-power function requiring up to
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`500mA of current. USB 1.1 at 142, Table 7-5; USB 2.0 at 178, Table 7-5.
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`28. Of note, there is no inconsistency between Table 7-5's requirement
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`of a "Min." output from a High-power Hub port and the reference of
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`"maximum current per port" (e.g., USB 1.1 at 139) in other parts of the
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`reference. As seen in Table 7-5, a USB function is limited to draw up to
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`500mA of current per port. USB 1.1 at 142, Table 7-5; USB 2.0 at 178, Table
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`705. The amount of current drawn by a connected USB device determines the
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`current that is supplied from the port. The "Min." 500mA requirement in Table
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`7-5 is to make sure that the port has enough capacity to furnish the maximum
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`500mA of current that a high-power function is allowed to draw from the port.
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`It does not mean, however, in a USB-compliant system, more than 500 mA of
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`current is allowed to be drawn or supplied from a High-Power Hub port.
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`29. Were a USB port to supply as much current as it can without
`
`regard to the current demand of the device drawing the current, the limit of 100
`
`mA of current draw before configuration would be meaningless: Even while
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`completing enumeration, the device would be supplied with much more current
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`than the 100mA it is allowed to draw. A POSITA also would not design a
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`USB port to supply more current than that drawn by the downstream cables
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`and devices because that over-supply of current would result in wasted
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`power/energy and the excess current would be converted into excess heat that
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`would raise the operating temperature of the USB connection, hub, cable
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`and/or device, degrade electrical performance (such as signal integrity) and
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`even damage the USB connections and cables. Furthermore, forcing excess
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`current into a device could raise the supply voltage to levels that would damage
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`the device's circuitry.
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`30. An example of a self-powered hub is Morita's USB hub-
`
`controllable charger, whose annotated Figure 1 with matching color to USB
`
`specification's Figure 7-33 is provided below. (Note, the arrows and texts are
`
`by TCT).
`
`31.
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`In this hub charger, the USB-hub controller 27, downstream ports
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`24 for external peripherals and USB port 21 for connecting to the dual-role
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`mobile device (i.e., one that can operate both as a host and as a device) all
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`receive their power from the external power supply unit 22 via the power
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`regulator (charging control unit) 23. Morita at [0014] ("A power supply
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`voltage supplied from a power supply source is supplied from the charging
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`control unit 23 to the USB hub control unit 27 and the second USB port 21.");
`
`[0016] (p. 9, col. 5, ll. 1-5) ("The power supply cable 22 is connected to an
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`outlet or the like connected to a commercial power supply, and the supplied
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`power supply voltage is supplied to the mobile videophone device 100 via the
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`USB port 21 to charge an internal battery and supply power supply voltage
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`from the USB port 24 to an external peripheral").
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`C. Device States and Enumeration
`32. When a USB device is connected to a USB host, the host and the
`
`device undergo a series of handshakes in order for the host to access the
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`device's functions. This process—which involves "initial exchange of
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`information that enables the host's device driver to communicate with the
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`device"—is called enumeration. Ex. 2003 ["USB Complete" 1st] at 74.
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`Because a hub is also a USB device, "the host enumerates a newly attached hub
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`in exactly the same way it enumerates a device. If the hub has devices
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`attached, the host also enumerates each of these after the hub informs the host
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`of their presence." Id., at 79-80.
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`33. The enumeration process involves a series of steps. First, when a
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`user plugs the device in to the powered port of a USB hub, the device enters
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`the "powered" state. Ex. 2003 at 76; Ex. 2006 [USB Complete 2nd ed.] at 96.
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`In this state, the device may receive power from the USB hub—however, it
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`may not draw more than 100 mA from VBUS until it is configured. USB 1.1
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`at 178; USB 2.0 at 242. Furthermore, the USB port to which the device is
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`attached is disabled (USB 1.1 at 179; USB 2.0 at 243), and the USB device
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`cannot respond to any requests from the USB bus until it receives a "reset"
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`command from the bus. USB 1.1 at 178-79; USB 2.0 at 242-43.
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`34. Next, the hub detects the device by "monitor[ing] the voltages on
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`the signal lines of each of its ports." Ex. 2003 at 76; Ex. 2006 at 96. In this
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`step, the USB device sends a high voltage on either the D+ or D- line. Id. The
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`USB hub detects the voltage and determines that the device is either a full-
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`speed device (if D+ is high) or a low-speed device (if D- is high). Ex. 2003 at
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`76, 77; Ex. 2006 at 96, 97 (detecting whether a full-speed device supports high
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`speed); USB 1.1 at 179; USB 2.0 at 243. Upon detecting the device, the hub
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`"continues to provide power but doesn't transmit USB traffic to the device."
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`Ex. 2003 at 76; Ex. 2006 at 96. The hub then reports to the host that one of its
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`ports (and indicates which port) has experienced an event. Id.
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`35. The host learns of the nature of the event, and of the attachment of
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`the new device, by sending a "Get_Port_Status" request. Ex. 2003 at 76; Ex.
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`2006 at 96.
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`36. Then, the host issues a port enable and reset command to the port,
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`which puts the port into the "enabled" state. USB 1.1 at 179; USB 2.0 at 243;
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`Ex. 2003 at 76; Ex. 2006 at 97. In an enabled state, the host can now signal the
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`connected USB device with control packets.
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`37. After the reset, the USB device enters the "default" state and can
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`still draw no more than 100 mA from the VBUS line. Id. In this state, the
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`USB device uses the "default address" of 0 to receive control requests. USB
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`1.1 at 179; USB 2.0 at 243; Ex. 2003 at 77; Ex. 2006 at 97.
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`38. The USB host then reads the device's device descriptor to
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`determine the maximum data payload the USB device can use. Id. Maximum
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`data payload refers to the maximum packet size. Id. Either before or after the
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`USB host requests the device's device descriptor to determine the maximum
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`payload, the host assigns a unique address to the USB device, such that it is in
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`the "Address" state. USB 1.1 at 179; USB 2.0 at 243; Ex. 2003 at 77-78; Ex.
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`2006 at 98.
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`39. The host then "sends a Get_Descriptor" request to the new address
`
`to learn about the device's abilities. Ex. 2003 at 78; Ex. 2006 at 98. The
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`standard USB descriptors include the following fields (see USB 1.1 at 197-98,
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`USB 2.0 at 263-64, Table 9-8):
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`40. The descriptor description above matches that listed in U.S.
`
`5,884,086 ("Amoni"), Table II. As noted by Amoni, the descriptors can
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`include information unique to a device, including its nonstandard voltage or
`
`current configurations. For example, such information can be encoded by
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`"assign[ing] a vendor specific Device Class . . . and designat[ing] a unique
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`device sub-class assignment with unique encoded voltage and power
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`requirements." Ex. 2004 [Amoni] at 7:16-19. Alternatively, the information
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`can be encoded with "a Product String Index [iProduct] pointing to a string
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`containing voltage and current requirements." Id. at 7:27-29. Additionally, the
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`USB specification provides that the "assignment of class, subclass, and
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`protocol codes must be coordinated but is beyond the scope of this
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`specification." USB 1.1 at 181; USB 2.0 at 245. Hence, the USB Specification
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`does not restrict the content or values that may be associated with Device Class
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`or device sub-class. Additionally, the USB specification does not limit the
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`content of the string descriptor associated with iProduct.
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`41. The host continues to learn about the device "by requesting the
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`one or more configuration descriptors specified in the device descriptor." Ex.
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`2003 at 78. The configuration descriptor has the following fields (USB 1.1 at
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`199-200, Table 9-8; USB 2.0 at 265-66, Table 9-10). As Amoni noted, the
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`iConfiguration field can also be used to encode a device's nonstandard voltage
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`or current configuration, e.g., with the index "point[ing] to the location of a text
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`string of UNICODE format" as specified in section 9.6.7 of USB 2.0. Ex. 2004
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`[Amoni] at 7:37-44. Again, the USB specification does not limit the content of
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`the text string descriptor associated with iConfiguration.
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`42. The host then reads the "configuration" information from the
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`device, which contains information about the device's capabilities. USB 1.1 at
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`179; USB 2.0 at 243; USB 2.0 at 243; Ex. 2003 at 77; Ex. 2006 at 98-99.
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`Finally, the host assigns a configuration value to the USB device, which puts
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`the device into the "configured" state. USB 1.1 at 179; USB 2.0 at 244; Ex.
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`2003 at 79; Ex. 2006 at 99-100. Before this step, since the host does not yet
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`know what additional functionality the device can support, the host will only
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`issue standard device requests, and hence the device will only respond to
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`standard device requests. See USB 1.1 at 185-87; USB 2.0 at 250-51
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`(describing the various standard device requests and noting that "USB devices
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`must respond to standard device requests, even if the device has not yet been
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`assigned an address or has not been configured"); Ex. 2003 at 37 (application
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`communications begin after enumeration); Ex. 2006 at 41 (same). After it is
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`configured, however, the device can participate in additional USB
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`communications, and draw an amount of current, as defined by MaxPower,
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`across the VBUS according to its configuration. USB 1.1 at 179; USB 2.0 at
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`244; Ex. 2003 at 79; Ex. 2006 at 99-100.
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`43. Shortly after the enumeration process has been completed, the
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`device transitions from being unrecognized by the USB host, to being
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`identified, configured, and ready for operation. This configuration is critical to
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`normal operation of the USB device, because "[a] USB device must be
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`configured before its function(s) may be used." USB 1.1 at 179; USB 2.0 at
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`243. The USB device may now also draw power over the VBUS line
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`according to the configuration information set by the USB host. Id.
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`44. When a hub instead of a device is connected to a host, the host
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`also undergoes enumeration with the hub (as well as any devices attached to
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`the hub) using the same procedures as described above. Ex. 2003 at 79-80; Ex.
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`2006 at 100.
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`45. A host's USB system software "examines hub descriptor
`
`information to determine the hub's characteristics" to reject illegal power
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`topologies. USB 1.1 at 261-62; USB 2.0 at 340-41. The Hub power operating
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`modes include the following. Id.
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`46. Thus, if a high-power function is connected to e.g., a bus-power
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`hub or otherwise low-power hub, the host will reject the proposed
`
`configuration or select a lower-power configuration in order to ensure that the
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`maxPower set for a device does not exceed the hub's power capability. USB
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`1.1 at 179 (enumeration process); Cf., USB Complete 2nd Ed. at 447-48. If a
`
`configuration is not accepted, the device can only draw 100mA per port. USB
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`1.1 at 142, Table 7-5.
`
`D.
`Speed Detection
`47. One step in USB communication is for a hub to detect the speed
`
`of an attached device. USB 1.1 at 251-52. That determination is made "by the
`
`placement of a pull-up resistor on the device." Id. Two illustrations are shown
`
`below, as reproduced from USB 1.1 at 113-114.
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`48.
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`I understand that TCT and its expert, Dr. Baker, suggests instead
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`connecting the pull-down resistors on the hub side high, as annotated below, to
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`generate the SE1 state. See, e.g., IPR2021-00395 Pet. 48.
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`49. TCT is probably proposing that with the pull-down resistors on
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`the hub side being pulled high, the USB transceiver in the mobile device would
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`observe high on both D+ and D-. In USB, if speed evaluation is performed "on
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`entry to the Resetting state from the Disabled state" and "both D+ and D- are
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`high at [the time of speed valuation]," a hub "may stay in the Disabled state
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`and set the C_PORT_ENABLE bit to indicate that the hub could not determine
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`the speed of the device." USB 1.1 at 252. But often, the hub simply
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`"assume[s] that the device is low speed" and sets the PORT_LOW_SPEED
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`status accordingly. Id. Another possibility is "to do speed valuation on exit
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`from the Resetting sate." Id.
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`50. But it appears that TCT is of the view that with the port disabled,
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`no reset is possible and the device can continue to draw power from the VBUS
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`line. See, e.g., IPR2021-00395 at 22-23. Yet, if there is no detected
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`communication or bus activity from the host or hub for a preset period of time
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`(3 milliseconds), the attached device will enter into a suspend mode, during
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`which mode, it can draw no more than 0.5 mA of current in a low-power mode
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`and 2.5 mA of current in a high-power mode. USB 1.1 at 176-77; USB 2.0 at
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`240-41. This amount of current does not provide sufficient power to charge a
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`battery. The following diagram shows the ability to enter a Suspended state
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`from any state where the device is powered. Id.
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`III. Use of SE1 in Cited Prior Art
`51. As in earlier petitioners, TCT alleges that "a POSITA would have
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`understood that the SE1 condition would be a logical choice for signaling
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`information about a device without interfering with USB signaling because the
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`SE1 is an abnormal condition outside the USB specification's teaching on USB
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`communications." E.g., IPR2021-00395 Pet. 24; IPR2021-00410 Pet. 25-26.
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`52. As before, I disagree with this conclusion. As TCT appears to
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`acknowledge, SE1 is used when there is no USB communication and an SE1
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`sent to a mobile device "would confirm and indicate that communication will
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`not happen." E.g., IPR2021-00395 at 45. Disabling USB communication
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`would be considered a severe interference with USB signaling.
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`53. TCT's understanding of course comports with the USB
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`specification's description that a USB hub disable the USB port when SE1
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`signaling is observed to avoid "errors that are very difficult to isolate and
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`correct":
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`Each port is required to have a timer used for detecting disconnect
`when a full-/low-speed device is attached to the port. This timer is
`used to constantly monitor the port's single-ended receivers to
`detect a disconnect event. The reason for constant monitoring is
`that a noise event on the bus can cause the attached device to
`detect a reset condition on the bus after 2.5 µs of SE0 or SE1 on
`the bus. If the hub does not place the port in the disconnect state
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`before the device resets, then the device can be at the Default
`Address state with the port enabled. This can cause errors that
`are very difficult to isolate and correct.
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`USB 2.0 at 316, § 11.5.2.2.
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`54. TCT cites Zyskowski and Kerai to argue that using SE1 "for
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`charging a battery and no communication" was well-known. See, e.g.,
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`IPR2021-00395 at 24-27, 46-47.
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`55. Zyskowski has nothing to do with battery charging. Instead,
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`Zyskowski is concerned with waking up a power supply, like a host computer,
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`from its reduced state. Zyskowski, [0019]-[0020].
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`56. Zyskowski does not disclose using or observing SE1 condition to
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`determine whether the host computer is powered on (e.g., in a "full power
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`state") or in standby mode ("reduced power state"). Id. Specifically,
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`Zyskowski explains:
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`On USB, device 106 may detect that the host 104 is in a reduced
`power state by monitoring the state of one or both of the data
`paths D1 and D2. When the host 104 is in a full power state, data
`lines D1 and D2 may be raised to a predefined DC voltage level,
`for example, 5 volts (systems operating at lower v
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