UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`APPLE INC.,
`
`Petitioner,
`v.
`GESTURE TECHNOLOGY PARTNERS, LLC,
`
`Patent Owner
`__________________
`IPR2021-00922
`U.S. Patent No. 8,553,079
`__________________
`DECLARATION OF BENEDICT OCCHIOGROSSO, IN SUPPORT OF
`GESTURE TECHNOLOGY PARTNERS, LLC’s PATENT OWNER
`RESPONSE
`
`
`
`
`
`
`
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`APPLE INC.,
`
`Petitioner,
`v.
`GESTURE TECHNOLOGY PARTNERS, LLC,
`
`Patent Owner
`__________________
`IPR2021-00922
`U.S. Patent No. 8,553,079
`__________________
`DECLARATION OF BENEDICT OCCHIOGROSSO, IN SUPPORT OF
`GESTURE TECHNOLOGY PARTNERS, LLC’s PATENT OWNER
`RESPONSE
`
`
`
`
`
`
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`
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`IPR2021-00922
`Patent 8,553,079
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`I, Benedict Occhiogrosso, declare as follows:
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`1.
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`I make this declaration based upon my own personal knowledge and, if
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`called upon to testify, would testify competently to the matters contained herein.
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`2.
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`I have been asked to render opinions in inter partes review proceeding
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`IPR2021-00922, regarding claims 1-30 (the “Challenged Claims”) of U.S. Patent
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`No. 8,553,079 (Ex. 1001, the “’079 Patent”).
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`3.
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`This declaration is a statement of my opinions on issues related to the
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`patentability of the Challenged Claims.
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`4.
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`I am being compensated at my usual rate. My compensation is in no
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`way related to the outcome of this case.
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`I.
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`BACKGROUND AND QUALIFICATIONS
`5.
`I, Benedict Occhiogrosso, have been retained by counsel for Gesture
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`Technology Partners, LLC (“Patent Owner”) as an expert in Apple, Inc. v. Gesture
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`Technology Partners, LLC, IPR2021-00922.
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`6.
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`As shown in my curriculum vitae (attached as Exhibit A), I hold a
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`Bachelor of Science Degree in Electrical Engineering as well as a Master of Science
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`Degree in Electrical Engineering, both from the Polytechnic Institute of Brooklyn
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`(now part of New York University).
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`7.
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`I have authored or co-authored nearly three dozen articles in peer-
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`reviewed journals, conference proceedings, texts, industry trade publications, and
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`Patent 8,553,079
`monographs. These publications span a range of topics including Integrated Voice–
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`Data Communications/Switching, Integrated Packet-Circuit Switching, Voice
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`Digitization, Packet Voice, Indoor Wireless distribution, Disaster Recovery and
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`Business Continuity, Data Center Engineering, Switching Processor Architecture,
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`Telephone and Voice Mail Systems, PBX & LAN switching premises-based systems
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`and related technologies and Internet of Things (IoT).
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`8.
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`I have more than 40 years of telecommunications and information
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`technology experience. I am the co-founder and President of DVI Communications
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`Inc., a telecommunications and information technology and business consulting
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`firm. Since the establishment of DVI in 1979, I have planned, designed,
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`implemented, and managed large-scale projects involving wired and wireless
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`communications systems, which included transmission of voice and data. Prior to
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`founding DVI and for several years thereafter, I held a Department of Defense
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`security clearance and worked on several classified programs within the defense
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`industry, where I supported the development of several pioneering technologies that
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`have served as the prototypes for many telecommunications and IT systems later
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`utilized in commercial practice. I have also supported the analysis of many video-
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`based products and designed and deployed such technologies into numerous
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`applications as discussed below.
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`I have extensive expertise in voice-data-video switching, and
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`9.
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`transmission systems deployed in networks, including both circuit switching and
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`packet switching using wireline and wireless distribution methods (including Land
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`Mobile radio, Satellite, microwave, cellular and Wi-Fi). In addition, I have
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`developed various applications systems including voicemail, e-mail, unified
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`messaging, and audio/video recording for a variety of facility types including call-
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`contact centers, data centers, trading floors, and mission-critical communications
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`centers. At present, my primary responsibilities encompass strategic planning and
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`systems design of client IT Infrastructures and program management for major
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`projects undertaken by DVI.
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`10. With respect to wireless communications, I am knowledgeable in
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`transceiver architecture and design (including RF and baseband systems), operating
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`over various channels subject to different types of performance degradation
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`(including noise, multipath, rainfall, etc.). I have designed and deployed numerous
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`wireless communications systems over the course of my career operating at UHF,
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`microwave and millimeter wave frequencies supporting several applications
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`including voice/data/video telecommunications, Automatic Vehicle Location
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`(AVL), SCADA and telemetry in both outdoor and indoor settings. I am
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`knowledgeable in modulation techniques, error correction /error detection coding
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`and related signal processing used in transmission and reception supporting Land
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`Mobile Radio, Cellular (from AMPS through 5G) and Wi-Fi (different vintages), as
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`well as satellites and microwave. Among the clients I have supported over the years
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`included DARPA Packet Radio network (PRNET) technology for survivable
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`networks, Xerox’s pioneering XTEN Network (Microwave bypass (10.5 GHz) used
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`as an alternative to Telco local loops), United Nations (multi-location C-band earth
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`stations in a voice–data–fax network), TVRO applications for Bertelsmann BMG,
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`Citicorp’s Ku-band CitiSATCOM network for data and video distribution, a major
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`Financial Exchange’s low latency network for high frequency trading using
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`cascaded microwave links, and NYC Transit’s 700/800 MHZ regional Bus radio
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`System comprising 36 base stations supporting a fleet of 6000+ revenue producing
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`vehicles
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`for CAD/AVL, Fleet management
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`and Dispatch-to-Operator
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`communications. I have served as both a consulting and/or testifying expert in
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`several cases enumerated in my CV. I have extensive experience in cellular
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`voice/data communications technology and have supported multiple sides of the
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`industry including Service Providers such as Sprint/Nextel Wireless, AT&T
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`Wireless, Vonage, Rebtel; Equipment Manufacturers including Kyocera, Apple,
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`Ademco, Nokia, M/A-com, Partech and Licensing. entities such as ASCAP (in their
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`critical review of cellular technology).
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`11. With respect to electronic security including video surveillance systems
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`and access control systems I have analyzed, designed and deployed several physical
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`security systems which employ a variety of technologies relevant to the matter at
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`hand. Specifically, video analytics using image processing were deployed on both a
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`retrofit as well as greenfield basis to provide force multiplier and enhanced alerting
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`capabilities. The algorithms deployed vary in complexity from simple motion
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`detection and perimeter detection / tripwire to more advanced capabilities using
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`multiple sequence of frames for object detection, aberrant behavior, and other
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`abnormal conditions specific to the application/ business use case. Many of these
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`systems (typically using exterior cameras) for traditional facility protection, were
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`designed to operate under differing viewing and illumination conditions (night,
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`inclement weather etc.). For the Metropolitan Transportation Authority (MTA),
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`applications included people/passenger counting (bus and platform), camera tamper,
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`fare evasion, track intrusion, “wrong-way” and object leave – behind detection. For
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`the NYC School Construction Authority (SCA) applications included loitering,
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`occupancy and crowd formation in stairwells and other common areas. For several
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`corporate and institutional clients, I have examined use of license plate recognition
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`and vehicle detection (tailgating, stopped vehicle, zone alerts).
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`12. For access control applications, in addition to traditional swipe and
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`smart card methods, I have investigated various biometric and contactless methods
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`for identification and authorization technologies including facial recognition, hand
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`swipe/ hand geometry scanners that do not require the user to touch any surfaces.
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`Many of the video-based systems are combined with multi-sensor inputs to provide
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`a composite profile for viewer evaluation to facilitate risk assessment, identification
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`and authorization. Recently, for commercial real estate clients, I have also
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`investigated the use of thermographic cameras to detect individuals with elevated
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`temperatures or fever as part of an overall access control strategy in the post-
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`pandemic environment. In conjunction with our smart building and Internet of
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`Things (IoT) practice, I maintain ongoing familiarity with various every day
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`applications which employ a variety of sensors to engage users with respect to
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`speech, touch, gaze and gesture control (for access control, smart home and smart
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`office).
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`13. Lastly, in conjunction with work I had performed for a captioned
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`telephony project and the use of video relay services for users who are profoundly
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`deaf as opposed to being merely hearing impaired, I have investigated the use of
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`image processing and hand gesture recognition technology to support interpretation
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`of users employing American Sign Language (ASL).
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`14. As such, I am qualified to provide opinions regarding the state of the
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`art at the effective filing date of the ’079 Patent (which I understand to be November
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`9, 1998) and how a person of ordinary skill in the art (“POSITA”) at that time would
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`have interpreted and understood the ’079 Patent.
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`I am being compensated for my work and any travel expenses in
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`15.
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`connection with this proceeding at my standard consulting rates. My compensation
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`is in no way dependent on or contingent on the outcome of my analysis or opinions
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`rendered in this proceeding and is in no way dependent on or contingent on the
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`results of these or any other proceedings relating to the above-captioned patent.
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`16. Although I am not rendering an opinion about the level of skill of a
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`POSITA proffered by Petitioner, based on my professional experience, I have an
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`understanding of the capabilities of a POSITA (as such a POSITA is defined by
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`Petitioner). Over the course of my career, I have supervised and directed many such
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`persons. Additionally, I myself, at the time the ’079 Patent was filed and at its
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`priority date, qualified as at least a POSITA.
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`II. MATERIALS CONSIDERED
`17.
`In preparing this declaration, I reviewed the ’079 Patent, including its
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`claims in view of its specification, the prosecution history of the ’079 Patent, various
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`prior art and technical references from the time of the invention, and the IPR2021-
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`00922 and its exhibits.
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`18.
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`In addition, I have reviewed all of the papers and exhibits in the record
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`for inter partes review proceeding IPR2021-00922.
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`III. LEGAL UNDERSTANDING
`19.
`I have worked with counsel for Patent Owner in the preparation of this
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`IPR2021-00922
`Patent 8,553,079
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`Declaration. Nevertheless, the opinions, statements, and conclusions offered in this
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`Declaration are purely my own and were neither suggested nor indicated in any way
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`by counsel or anyone other than myself. I confirmed with counsel my understanding
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`that the term “obvious,” as used in the Petitions addressed herein and as a general
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`matter under United States law, refers to subject matter that would have occurred to
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`a POSITA to which the ’079 Patent is directed without inventive or creative thought.
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`That which is obvious, it is my understanding, flows naturally from the art and the
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`education one of skill practicing in that art would have had in the relevant time
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`frame, which for the ’079 Patent is 1998.
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`A. Obviousness
`20.
`I understand that a patent claim can be invalid under 35 U.S.C. § 103 if
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`the claimed subject matter would have been “obvious” to a person of ordinary skill
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`in the art as of the priority date of the patent based upon one or more prior art
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`references. I understand that an obviousness analysis should consider each of the
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`following so-called “Graham factors”: (1) the scope and content of the prior art; (2)
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`the differences between the claims and the prior art; (3) the level of ordinary skill in
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`the pertinent art; and (4) secondary considerations, if any (such as unexpected
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`results, commercial success, long-felt but unsolved needs, failure of others, copying
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`by others, licensing, and skepticism of experts).
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`21.
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`I understand that a conclusion of obviousness may be based upon either
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`a single prior art reference or a combination of prior art references. However, I
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`understand that merely demonstrating that each of the claim elements was,
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`independently, known in the prior art does not prove that a claim composed of
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`several known elements is obvious. In other words, I have been informed that
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`obviousness requires more than a mere showing that the prior art includes separate
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`references covering each limitation in a claim. Rather, obviousness requires the
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`additional showing that a person of ordinary skill at the time of the invention would
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`have selected and combined those elements in the normal course of research and
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`development to yield the claimed invention.
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`22. Moreover, I understand that it can be important to identify a reason that
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`would have prompted a person of ordinary skill in the relevant field to combine the
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`elements in a way the claimed new invention does.
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`23.
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`I further understand that, to determine obviousness, courts look to the
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`interrelated teachings of multiple patents or other prior art references, the effects of
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`demands known to the design community or present in the marketplace, and the
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`background knowledge possessed by a person having ordinary skill in the art.
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`I also understand that, in determining whether a combination of prior
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`24.
`
`art references renders a claim obvious, it may be helpful to consider whether there
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`is some teaching, suggestion, or motivation to combine the references and a
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`reasonable expectation of success in doing so. I understand, however, that the
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`teaching, suggestion, or motivation to combine inquiry is not required and may not
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`be relied upon in lieu of the obviousness analysis outlined above.
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`25.
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`I understand that the following exemplary rationales may lead to a
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`conclusion of obviousness: the combination of prior art elements according to
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`known methods to yield predictable results; the substitution of one known element
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`for another to obtain predictable results; and the use of known techniques to improve
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`similar devices in the same way.
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`26. However, a claim is not obvious if the improvement is more than the
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`predictable use of prior art elements according to their established functions.
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`Similarly, a claim is not obvious if the application of a known technique is beyond
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`the level of ordinary skill in the art.
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`27. Further, when the prior art teaches away from combining certain known
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`elements, discovery of successful means of combining them is not obvious. I
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`understand that similar subject matter may not be sufficient motivation for a person
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`of skill in the art to combine references if the references have conflicting elements.
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`Patent 8,553,079
`I understand that, in order to be used in an obviousness combination, a
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`28.
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`prior art reference must be “analogous.” I understand that two separate tests define
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`the scope of analogous prior art: (1) whether the art is from the same field of
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`endeavor, regardless of the problem addressed; and (2) if the reference is not within
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`the field of the inventor’s endeavor, whether the reference still is reasonably
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`pertinent to the particular problem with which the inventor is involved. In regard to
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`test (2), the problems to which both the reference and the claimed invention relate
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`must be identified and compared. I also understand that Petitioner has the burden of
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`showing a cited reference is analogous art.
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`29.
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`I understand that obviousness of a patent claim cannot properly be
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`established through hindsight, and that elements from different prior art references,
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`or different embodiments of a single prior art reference, cannot be selected to create
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`the claimed invention using the invention itself as a roadmap. I understand that the
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`claimed invention as a whole must be compared to the prior art as a whole, and courts
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`must avoid aggregating pieces of prior art through hindsight that would not have
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`been combined absent the inventors’ insight.
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`30.
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`I understand that obviousness is not established by simply combining
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`previously known elements from the prior art. A patent composed of several
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`elements is not proved obvious merely by demonstrating that each of its elements
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`was, independently, known in the prior art. An invention is unpatentable as obvious
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`if the differences between the patented subject matter and the prior art would have
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`been obvious at the time of invention to a person of ordinary skill in the art.
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`31.
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`I understand that obviousness of a patent cannot properly be established
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`by mere conclusory statements. Instead, there must be some articulated reasoning
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`with some rational underpinning to support the legal conclusion of obviousness.
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`When an expert opines that all the elements of a claim disparately exist in the prior
`
`art, the expert should provide the rationale to combine the disparate references. A
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`reason for combining disparate prior art references is a critical component of an
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`obviousness analysis. The obviousness analysis should be made explicit and needs
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`to provide an articulated reasoning with some rational underpinning to identify the
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`reason that would have prompted a person of ordinary skill in the relevant field to
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`combine the elements in the way the claimed invention does.
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`32.
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`I also understand that inventions in most, if not all, instances rely upon
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`building blocks long since uncovered, and claimed discoveries almost of necessity
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`will be combinations of what, in some sense, is already known. This is another
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`reason why merely pointing to the elements being known in the art in separate
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`locations is not the end of the obviousness inquiry.
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`33.
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`I understand that technical experts may testify to matters like the level
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`of skill in the art at the time of the invention and what a POSITA might find obvious
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`in light of the prior art without addressing objective indicia of non-obviousness.
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`However, where an expert purports to testify not just to certain factual components
`
`underlying the obviousness inquiry, but to the ultimate question of obviousness, the
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`expert must consider all factors relevant to that ultimate question, including all
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`objective evidence of non-obviousness. Accordingly, I have undertaken such
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`considerations here.
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`34.
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`I understand that, to render obvious a patent claim the prior art
`
`references must be enabling. That is, the references must provide sufficient
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`information to allow one skilled in the art to practice what is disclosed without undue
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`experimentation. I understand that, while a prior art reference may support any
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`finding apparent to a person of ordinary skill in the art, prior art references that
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`address different problems may not, depending on the art and circumstances, support
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`an inference that the POSITA would consult both of them simultaneously.
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`B.
`35.
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`Secondary Considerations
`I understand that one of the so-called Graham factors that must be
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`considered in determining obviousness is the existence of any secondary
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`considerations, which tend to show that a patent claim is not obvious. Such
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`secondary considerations of non-obviousness of a patent include (1) long-felt and
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`unmet need in the art that was satisfied by the claimed invention of the patent; (2)
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`failure of others to achieve the results of the claimed invention; (3) commercial
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`success or lack thereof of the products and processes covered by the claimed
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`Patent 8,553,079
`invention; (4) deliberate copying of the claimed invention by others in the field; (5)
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`taking of licenses under the patent by others; (6) whether the claimed invention was
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`contrary to the accepted wisdom of the prior art; (7) expression of disbelief or
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`skepticism by those skilled in the art upon learning of the claimed invention; (8)
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`unexpected results achieved by the claimed invention; (9) praise of the claimed
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`invention by others skilled in the art; and (10) lack of contemporaneous and
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`independent invention by others.
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`36.
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`I understand that each of these considerations may form an independent
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`basis for non-obviousness of a patent. I also understand that the fact that another
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`person simultaneously and independently created the same invention claimed in an
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`asserted patent can serve as an indication that the invention was obvious.
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`37.
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`I also have been informed by counsel that there must be a nexus
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`between any such secondary considerations and the claimed invention.
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`IV. CLAIM CONSTRUCTION
`38.
`I reviewed the comments in the Petition, and Petitioner’s expert’s
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`declaration (Ex. 1010) pertaining to “construction of the claims” of the ’079 Patent.
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`My understanding is simply that, in the absence of a specific controversy, one arrives
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`at the appropriate “construction” or definition of what is embraced by the claims of
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`the ’079 Patent and what is excluded by those claims by a reading of the ’079 Patent
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`Patent 8,553,079
`and arriving at what, based on that reading, the inventor of the claimed subject matter
`
`intended to protect as her or his invention.
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`39.
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`I have been asked to provide opinions related to construction of the
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`following terms:
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`A.
`“wherein the light source includes a plurality of light emitting
`diodes.”
`40. Claim 3 recites “wherein the light source includes a plurality of light
`
`emitting diodes.” Claim 3 depends from independent claim 1, which recites
`
`“determining . . . the gesture . . . illuminated by the light source.” It is my opinion
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`that a POSITA would understand claim 3, when read in light of the specification, as
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`meaning the light source illuminates the gesture by having two or more (i.e., a
`
`plurality) LEDs of the light source emit light at the same time. Claim 1 requires that
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`the gesture performed in the work volume be illuminated by the light source, not a
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`portion of the light source. As a result, the “plurality of light emitting diodes” recited
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`in claim 3 must illuminate the work volume, not a subset of the light emitting diodes.
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`41. Further, the specification describes the purpose of the light source as
`
`increasing the amount of light incident to the object (e.g., finger) performing the
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`gesture. Ex. 1001, 3:1-3 (“Light from below, such as provided by [the light source]
`
`can be used to illuminate the finger that typically looks bright under such
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`illumination”). By having two or more LEDs emitting light at the same time (as
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`opposed to only one), the object (e.g., finger) performing the gesture will appear
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`brighter, which increases the accuracy of the gesture recognition. That is a why a
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`POSITA would understand that this claim requires two or more LEDs of the light
`
`source emit light at the same time. Interpreting this claim to require that only one
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`light emitting diode of the plurality be used to illuminate would be contrary to the
`
`specification. Moreover, a POSITA would understand that including extra light
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`emitting diodes that are not used for illumination is nonsensical because doing so
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`would only increase the circuit complexity of the light source with no additional
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`benefit.
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`42. Accordingly, a POSITA would understand claim 3 to mean the light
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`source illuminates the gesture by having multiple LEDs of the light source emit light
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`at the same time. Claims 15 and 23 recite limitations that are similar to claim 3.
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`Accordingly, a POSITA would construe claims 15 and 23 in the same way as claim
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`3.
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`V. OPINIONS
`43. Petitioner challenges independent claims 1, 11, and 21, and dependent
`
`claims 2-10, 12-20, and 22-30 of the ’079 Patent (the “Challenged Claims”).
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`44.
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`In my opinion, as described below, Petitioner has not established by a
`
`preponderance of the evidence that the challenged claims are unpatentable.
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`Patent 8,553,079
`A. Ground 1 – Numazaki Does Not Render Claims 1, 2, 4-14, 17, 19,
`21, 22, 24-28, and 30 Obvious
`In my opinion, Numazaki (the “Ground 1 Reference”) does not render
`
`45.
`
`obvious any of claims 1, 2, 4-14, 17, 19, 21, 22, 24-28, and 30.
`
`1.
`46.
`
`Independent Claim 1
`In my opinion, the Ground 1 Reference does not render obvious
`
`independent claim 1 at least because it does not teach or suggest the following
`
`elements of independent claim 1.
`
`a. Claim element [1(b)]1
`47. Claim element [1(b)] recites “providing a camera oriented to observe a
`
`gesture performed in the work volume, the camera being fixed relative to the light
`
`source; and determining, using the camera, the gesture performed in the work
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`volume and illuminated by the light source.” Numazaki does not teach or suggest
`
`this limitation for several reasons.
`
`48.
`
`I understand that the Petition argues that Numazaki’s “photo-detection
`
`sensor unit” in Fig. 74 teaches “a camera,” as required by claim element [1(b)]. See
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`Pet., pp. 12-14. I disagree. I reviewed Numazaki in its entirety and it contains no
`
`disclosure stating that the “photo-detection sensor unit” is a camera. Numazaki’s
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`1 For convenience of reference only, this Declaration adopts the claim element
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`numbering presented in the Petition.
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`“photo-detection sensor unit” appears for the first time in Numazaki’s eighth
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`embodiment. Numazaki generically discloses the “eighth embodiment is directed to
`
`a system configuration incorporating the information input generation apparatus of
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`the present invention as described in [embodiments 1-7].” Ex. 1004, 50:21-24.
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`Embodiments 1-7 in Numazaki do not disclose a “photo-detection sensor unit.” That
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`is why it is my opinion that a POSITA would understand that none of embodiments
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`1-7 disclose the “photo-detection sensor unit” in Fig. 74 as being or including a
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`camera, as required by claim element [1(b)].
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`49. For example, an information input generation apparatus of Numazaki’s
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`first embodiment is reproduced below:
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`Ex. 1004, 5:5-11, Fig. 2. As shown, Fig. 2 does not contain a “photo-detection
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`sensor unit” and Numazaki does not identify any component (or grouping of
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`components) in Fig. 2 as being the “photo-detection sensor unit.”
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`50.
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`It is my understanding that the Petition argues that each of Numazaki’s
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`“photo-detection units” in Fig. 2 (e.g., photo-detection unit 109, photo-detection unit
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`110) is a camera. Pet., pp. 6, 7, 12-14; Benderson Declaration (Ex. 1010), ¶¶ 35-36.
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`Even if this is true, Numazaki does not disclose that the “photo-detection sensor
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`unit” in Fig. 74 is a “photo-detection unit” from Fig. 2.
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`51. Numazaki’s incorporation statement that its eighth embodiment may
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`“incorporate the information input generation apparatus” of Numazaki’s first
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`embodiment, Ex. 1004, 50:21-24, does not mean that the “photo-detection sensor
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`unit” in Fig. 74 is a “photo-detection unit” (i.e., camera) from Fig. 2. It is my
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`understanding that the Petition extensively relies on this teaching in Numazaki to
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`meet claim element [1(b)]. However, a POSITA would not understand this
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`incorporation statement in Numazaki to mean the “photo-detection sensor unit” in
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`Fig. 74 is a “photo-detection unit” from Fig. 2. Considering embodiments 1-7 in
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`Numazaki all require at least two “photo-detection units,” but Fig. 74 only has one
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`“photo-detection sensor unit,” a POSITA would not equate the “photo-detection
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`sensor unit” in Fig. 74 with the “photo-detection unit” from Fig. 2. To the contrary,
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`this would lead a POSITA to understand that the “photo-detection units” and “photo-
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`detection sensor unit” are different because the inventors of Numazaki chose
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`different terms.
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`52. Further, even if Numazaki’s “photo-detection sensor unit” in Fig. 74
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`includes a “photo-detection unit” from Fig. 2, and if Numazaki’s “photo-detection
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`unit” in Fig. 2 is a camera, Numazaki still does not teach or suggest “determining,
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`using the camera, the gesture performed in the work volume and illuminated by the
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`light source,” as recited by claim element [1(b)]. A POSITA would interpret claim
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`element [1(b)] as requiring the gesture be illuminated by the light source while the
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`camera is capturing one or more images of the gesture. Specifically, the
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`specification of the ’079 Patent discloses that the gesture is performed while being
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`illuminated by the light source. E.g., Ex. 1001, Abstract (“A method for determining
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`a gesture illuminated by a light source utilizes the light source to provide
`
`illumination through a work volume above the light source.”) (emphasis added), 3:1-
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`8 (“Light from below, such as provided by single central light 122 can be used to
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`illuminate the finger [performing a gesture] that typically looks bright under such
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`illumination. It is also noted that the illumination is directed or concentrated in an
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`area where the finger [performing a gesture] is typically located such as in work
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`volume 170. If the light [from the light source] is of sufficient spectral content, the
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`natural flesh tone of the finger [performing a gesture] can be observed—and
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`recognized by use of the [] cameras 100/101.”) (emphasis added). A POSITA would
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`understand this disclosure to mean that the light source illuminates the gesture while
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`the gesture is performed. Thus, any image of the gesture is captured by the camera
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`while the gesture is illuminated by the light source. Numazaki does not teach or
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`suggest at least this requirement.
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`53. Numazaki discloses specific hardware that must be operated in a
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`specific fashion. The “reflected light extraction unit 102” contains a “first photo-
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`detection unit 109,” a “second photo-detection unit 110,” and a “difference
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`calculation unit 111.” Ex. 1004, 10:57-66, 11:20-51, Fig. 2. Each “photo-detection
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`unit” is necessary. The first photo-detection unit 109 is active when lighting unit
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`101 emits light. Ex. 1004 at 11:26-30, Fig. 2. The second photo-detection unit 110
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`detects while lighting unit 101 is not active. Ex. 1004, 11:30-32, Fig. 2. Numazaki
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`states that those two images—the image from first photo-detection unit 109 (with
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`lighting unit 101 active) and the image from second photo-detection unit 110 (with
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`lighting unit 101 not active)—are subtracted from each other before the information
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`is used in the remainder of the system. Ex. 1004, 11:43-56. Embodiments 1-8 in
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`Numazaki require this two photo-detection unit configuration (i.e., two camera
`
`configuration), this specialized operation of the lighting unit (i.e., on for one image,
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`off for the other image), and other hardware that Numazaki identifies as being
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`necessary, such as the image-subtraction circuitry and associated timing circuitry.
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`It is my understanding that “a camera” in claim element [1(b)] may be
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`54.
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`interpreted to mean “only one camera.” Under this interpretation, Numazaki fails to
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`teach or suggest claim element [1(b)] because, as discussed above, Numazaki always
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`requires two photo-detection units (i.e., two cameras). Further, it would not have
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`been obvious to modify Numazaki such that it meets this claim element.
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`55.
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`It is my understanding that “a camera” in claim element [1(b)] may be
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`interpreted to mean “multiple cameras” (e.g., two cameras). Under this
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`interpretation, Numazaki still fails to teach or suggest claim element [1(b)]. As I
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`discuss above, a POSITA would interpret claim element [1(b)] as requiring the
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`gesture be illuminated by the light source when any camera of the multiple cameras
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`is capturing an image of the gesture. B
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