UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner
`
`v.
`
`GESTURE TECHNOLOGY PARTNERS LLC
`Patent Owner
`_________________
`
`Inter Partes Review Case No. IPR2021-00922
`U.S. Patent No. 8,553,079
`
`SUPPLEMENTAL DECLARATION OF DR. BENJAMIN B. BEDERSON
`
`IPR2021-00922
`Apple EX1017 Page 1
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner
`
`v.
`
`GESTURE TECHNOLOGY PARTNERS LLC
`Patent Owner
`_________________
`
`Inter Partes Review Case No. IPR2021-00922
`U.S. Patent No. 8,553,079
`
`SUPPLEMENTAL DECLARATION OF DR. BENJAMIN B. BEDERSON
`
`IPR2021-00922
`Apple EX1017 Page 1
`
`
`
`IPR2021-00922
`U.S. Patent No. 8,553,079
`
`I, Benjamin B. Bederson, hereby declare the following:
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`1. My name is Benjamin B. Bederson, Ph.D and I am over 21 years of age
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`and otherwise competent to make this Declaration. I make this Declaration based on
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`facts and matters within my own knowledge and on information provided to me by
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`others.
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`2.
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`I submitted an initial declaration in support of Apple’s petition for Inter
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`Partes Review of U.S. Patent No. 8,533,079 (“the ’079 Patent”). I understand the
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`PTAB instituted the requested review and that the proceeding involves the full scope
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`of the proposed grounds addressed in my initial declaration. I have been asked to
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`address a few additional issues in response to Patent Owner’s Response (Paper 13)
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`and Patent Owner’s expert’s declaration (Ex. 2002).
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`Numazaki’s eighth embodiment’s “photo-detection sensor unit”
`implements the first embodiment’s photo-detection sensors
`
`I.
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`
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`3.
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`As set forth in my initial declaration (Ex. 1010) at ¶ 35, Numazaki
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`describes a unique image differencing structure configured with two photo-detection
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`units 109, 110 and a lighting unit 101:
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`2
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`Apple EX1017 Page 2
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`IPR2021-00922
`U.S. Patent No. 8,553,079
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`Ex. 1004, Fig. 2, 11:9-11 (noting Fig. 2 illustrates an “information input generation
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`apparatus”). I also explained at ¶ 36 that Numazaki’s photo-detection units 109, 110
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`are imaging sensors. More specifically, they are electro-optical sensors that convert
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`captured light into electrical signals. At ¶¶ 40-43, I explained that Numazaki’s eighth
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`embodiment (directed to allowing users to control portable devices through gestures)
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`incorporates “the controlled light and two-camera configuration described in its first
`
`embodiment.” Namely, the eighth embodiment’s “photo-detection sensor unit” 702
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`and light source 701 are implemented using the components depicted in Fig. 2 and
`
`described with respect to the first embodiment.
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`4.
`
`I understand that Patent Owner and its expert, Mr. Occhiogrosso, have
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`suggested that a PHOSITA would not have agreed that Numazaki’s eighth
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`embodiment implements the structure depicted in Fig. 2 based on an alleged
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`terminology discrepancy. Namely, Patent Owner and its expert take issue with the
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`3
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`IPR2021-00922
`U.S. Patent No. 8,553,079
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`fact that Numazaki describes component 702 in its eighth embodiment as a “photo-
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`detection sensor unit” and the components within reflected light extraction unit 102
`
`in its first embodiment as “photo-detection units.” Paper 13, 9-11; Ex. 2002, 48-51.
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`In fact, Numazaki’s terminology is entirely consistent—both internally consistent
`
`and consistent with my conclusion that Numazaki’s eighth embodiment implements
`
`the structure from Fig. 2.
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`5.
`
`As illustrated below, the first embodiment’s information input
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`generation apparatus includes lighting unit 101 (green) and reflected light extraction
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`unit 102 (orange):
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`Ex. 1004, Fig. 2 (annotated). Numazaki’s eighth embodiment utilizes lighting unit
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`701 (green) and a photo-detection sensor unit 702 (orange):
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`4
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`IPR2021-00922
`U.S. Patent No. 8,553,079
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`Id. at Fig. 74 (annotated). As I explained in my original declaration at ¶¶ 42-43,
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`“Numazaki’s eighth embodiment portable devices incorporate the controlled
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`lighting and two-camera sensor structure described with respect to the first
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`embodiment.” Numazaki clearly states that the eighth embodiment incorporates the
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`apparatus of the earlier embodiments, including the first embodiment. “This eighth
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`embodiment is directed to a system configuration incorporating the information
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`input generation apparatus of the present invention as described in the above
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`embodiments.” Id. at 50:21-24. Furthermore, Numazaki describes its eighth
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`embodiment’s photo-detection sensor unit 702 as consisting of multiple “photo-
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`detection sections.” Id. at 50:34. Accordingly, Numazaki’s “photo-detection sensor
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`unit” 702 includes both photo-detection units 109 and 110. And, as noted above,
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`photo-detection units 109 and 110 are sensors. Specifically, they are electro-optical
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`sensors.
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`5
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`Apple EX1017 Page 5
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`IPR2021-00922
`U.S. Patent No. 8,553,079
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`6.
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`Given the above, rather than a terminology conflict or discrepancy as
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`Patent Owner suggests, Numazaki uses the phrase “photo-detection sensor unit” to
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`describe a photo-detection unit that includes sensors—an entirely consistent and
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`easy to understand designation. Accordingly, not only is Numazaki internally
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`consistent, referring to a sensor-containing unit as a “sensor unit,” but it also fully
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`supports my conclusion that a PHOSITA would have understood Numazaki’s Fig.
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`74 photo-detection sensor unit includes the photo-detecting sensors depicted in Fig.
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`2.
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`II. Numazaki’s multi-camera gesture detection accomplishes the same goals
`as a single camera system with improved accuracy
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`7.
`
`I understand Patent Owner and its expert argue that Numazaki’s gesture
`
`detection system falls outside the scope of the ’079 Patent claims because it employs
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`multiple cameras/imaging sensors. Paper 13, 11-12; Ex. 2002, 53-54. I disagree.
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`Numazaki teaches a system that captures images of an illuminated object in order to
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`detect gestures performed by that object. This is precisely what is described in the
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`’079 Patent and evidences that the prior art was more sophisticated than the
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`Challenged Patent.
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`8.
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`As I stated in my initial declaration at ¶ 43, Numazaki uses its
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`controlled lighting and two-camera arrangement to illuminate the target object (e.g.,
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`the user’s hand) in a controlled manner such that a precise image of the user’s
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`hand and hand movement can be ascertained. Ex. 1004, 11:9-23. A timing control
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`unit turns lighting unit 101 on to illuminate a target object while Numazaki’s first
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`camera unit 109 is active, then off when the second camera unit 110 is active. Id. at
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`11:20-32. Using this lighting control, the first camera captures an image of a target
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`object illuminated by both natural light and directed light from lighting unit 101,
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`while the second camera captures an image of the target object illuminated by only
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`natural light. Id. at 11:33-39. The difference calculation unit 111 extracts and outputs
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`a “reflected light image” created by subtracting the first camera’s captured aggregate
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`of natural and reflected light image information from the second camera’s captured
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`natural light-only image information. Id. at 11:43-55. Numazaki’s two-sensor
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`structure thus improves upon a single sensor structure by ensuring that resulting
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`image reflects only
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`the
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`illuminated gesture, excluding extraneous
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`image
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`information.
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`III. Conclusion
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`9.
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`I declare that all statements made herein of my knowledge are true, and
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`that all statements made on information and belief are believed to be true, and that
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`these statements were made with the knowledge that willful false statements and the
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`like so made are punishable by fine or imprisonment, or both, under Section 1001 of
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`Title 18 of the United States Code.
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`Date:
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`7
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`IPR2021-00922
`Apple EX1017 Page 7
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`
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`By: _______________________________
`Dr. Benjamin B. Bederson
`
`IPR2021-00922
`U.S. Patent No. 8,553,079
`
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`8
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`IPR2021-00922
`Apple EX1017 Page 8
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