UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`IPR2022-00040
`Patent 6,059,576
`
`Patent Owner LoganTree LP’s
`Demonstrative Exhibit
`
`Demonstrative Exhibit - Not Evidence
`
`1
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`IPR2022-00040
`Patent 6,059,576
`
`Patent Owner LoganTree LP’s
`Demonstrative Exhibit
`
`Demonstrative Exhibit - Not Evidence
`
`1
`
`
`
`’576 Patent: Overview
`The ’576 patent is directed to a portable, self-contained
`device for monitoring movement of body parts during
`physical activity.
`
`[Resp., Paper 17 at 1; EX1001 at 2:6-9]
`
`[Resp., Paper 17 at 3]
`
`Demonstrative Exhibit - Not Evidence
`
`2
`
`
`
`Claim Elements: Claim 1
`Claim Language
`A portable, self-contained device for monitoring movement of body parts during physical activity, said device
`comprising:
`a movement sensor capable of measuring data associated with unrestrained movement in any direction and
`generating signals indicative of said movement;
`a power source;
`
`Elem.
`
`Pre
`
`1a
`
`1b
`1c
`
`1d-1
`
`1d-2
`
`1d-3
`
`a microprocessor connected to said movement sensor and to said power source,
`said microprocessor capable of receiving, interpreting, storing and responding to said movement data
`based on user-defined operational parameters,
`detecting a first user-defined event based on the movement data and at least one of the user-defined
`operational parameters regarding the movement data, and
`storing first event information related to the detected first user-defined event along with first time stamp
`information reflecting a time at which the movement data causing the first user-defined event occurred;
`at least one user input connected to said microprocessor for controlling the operation of said device;
`
`1e
`1f
`a real-time clock connected to said microprocessor;
`1g memory for storing said movement data; and
`1h
`an output indicator connected to said microprocessor for signaling the occurrence of user-defined events;
`[’136 Pat. at 8:36-57 (Pet. at 13-14)]
`1i
`wherein said movement sensor measures the angle and velocity of said movement.
`
`Demonstrative Exhibit - Not Evidence
`
`[Pet., Paper 3 at vi-vii]
`
`3
`
`
`
`Claim Elements: 1pre
`
`self-
`portable,
`“A
`contained device for
`monitoring
`movement of body
`parts during physical
`activity, said device
`comprising:”
`
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`4
`
`
`
`Claim Elements: 1a
`
`“a movement sensor
`capable of measuring
`data associated with
`unrestrained
`movement
`direction
`generating
`indicative
`movement;”
`
`any
`and
`signals
`said
`
`in
`
`of
`
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`5
`
`
`
`Claim Elements: 1b
`
`“a power source;”
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`6
`
`
`
`Claim Elements: 1c
`
`“a microprocessor
`connected to said
`movement sensor
`and to said power
`source,”
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`7
`
`
`
`Claim Elements: 1d-1
`
`“said microprocessor capable of receiving, interpreting,
`storing and responding to said movement data based on
`user-defined operational parameters,”
`
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`8
`
`
`
`Claim Elements: 1d-2
`
`“detecting a first user-
`defined event based on the
`movement data and at least
`one of the user-defined
`operational parameters
`regarding the movement
`data, and”
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`9
`
`
`
`Claim Elements: 1d-3
`
`event
`first
`“storing
`information related to the
`detected
`first
`user-
`defined event along with
`first
`time
`stamp
`information reflecting a
`time
`at
`which
`the
`movement data causing
`the
`first
`user-defined
`event occurred;”
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`10
`
`
`
`Claim Elements: 1e
`
`least one user
`“at
`input connected to
`said microprocessor
`for
`controlling
`the
`operation
`of
`said
`device;”
`
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`11
`
`
`
`Claim Elements: 1f
`
`clock
`real-time
`“a
`connected to said
`microprocessor;
`
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`12
`
`
`
`Claim Elements: 1g
`
`“memory
`storing
`movement
`and”
`
`for
`said
`data;
`
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`13
`
`
`
`Claim Elements: 1h
`
`“an output indicator
`connected to said
`microprocessor
`for
`signaling
`the
`occurrence of user-
`defined events;”
`
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`14
`
`
`
`Claim Elements: 1i
`
`said
`“wherein
`sensor
`movement
`measures the angle
`and velocity of said
`movement.”
`
`[Pet., Paper 3 at vi]
`
`Demonstrative Exhibit - Not Evidence
`
`15
`
`
`
`Petitioner’s Grounds
`
`Ground
`
`Allum Raymond Conlan de Remer Gaudet Gesink
`
`Notes
`
`X
`
`X
`
`X
`
`X
`
`1
`1A
`2
`3
`4
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`X
`
`(Dependent claims only)
`
`(Dependent claims only)
`
`(Dependent claims only)
`(Method and Dependent
`Claims only)
`
`X
`
`Demonstrative Exhibit - Not Evidence
`
`16
`
`[see generally Pet., Paper 3]
`
`
`
`Prosecution History
`
`[Resp., Paper 17 at 5; EX1002 at 40; Sur-Reply., Paper 22 at 4-5]
`
`Demonstrative Exhibit - Not Evidence
`
`17
`
`
`
`Ex Parte Reexamination
`
`[Resp., Paper 17 at 5; EX1107 at 34]
`
`Demonstrative Exhibit - Not Evidence
`
`18
`
`
`
`Ex Parte Reexamination
`
`September 4, 2014 Interview:
`
`[Resp., Paper 17 at 6; EX1107 at 240]
`
`Demonstrative Exhibit - Not Evidence
`
`19
`
`
`
`Ex Parte Reexamination
`
`October 14, 2014 amendment and argument:
`
`. . .
`
`[Resp., Paper 17 at 6; EX1107 at 218-19]
`
`Demonstrative Exhibit - Not Evidence
`
`20
`
`
`
`Ex Parte Reexamination
`
`December 15,2014 interview:
`
`[Resp., Paper 17 at 6-7; EX1107 at 93]
`
`Demonstrative Exhibit - Not Evidence
`
`21
`
`
`
`Ex Parte Reexamination
`
`December 15,2014 interview:
`
`[Resp., Paper 17 at 7; EX1107 at 92-93]
`
`Demonstrative Exhibit - Not Evidence
`
`22
`
`
`
`Ex Parte Reexamination
`
`January 9, 2015 argument:
`
`[EX1100 at p.80 (Resp. at 7)]
`
`Demonstrative Exhibit - Not Evidence
`
`23
`
`
`
`Ex Parte Reexamination
`
`January 9, 2015 argument:
`January 9, 2015 argument:
`
`Demonstrative Exhibit - Not Evidence
`
`[Resp., Paper 17 at 7-8; EX1107 at 83]
`
`24
`
`
`
`Allum (EX1008)
`Allum is a full-body rehabilitation and posture-correcting
`device.
`
`[Resp., Paper 17 at 9, 18; EX1008 at Abstract 1:12-16, 3:60
`
`[Resp., Paper 17 at 10; EX1008 at Fig. 2]
`
`Demonstrative Exhibit - Not Evidence
`
`25
`
`
`
`Allum provides feedback to the user
`
`[Resp., Paper 17 at 10; EX1008 at Fig. 1]
`
`
`
`Allum is directed to the user
`
`[Resp., Paper 17 at 10; EX1008 at Fig. 2]
`
`Demonstrative Exhibit - Not Evidence
`
`27
`
`
`
`Raymond (EX1109
`Raymond is a complex, long-term “health monitoring system”
`
`[Resp., Paper 17 at 11; EX1009 at Fig. 3]
`
`[Sur-Reply, Paper 22 at 11; EX1009 at Fig. 17]
`
`Demonstrative Exhibit - Not Evidence
`
`28
`
`
`
`Raymond relies on user input
`
`[Resp., Paper 17 at 11; EX1009 at Fig. 16]
`
`[Sur-Reply, Paper 22 at 16; EX1009 at Fig. 20A]
`
`Demonstrative Exhibit - Not Evidence
`
`29
`
`
`
`Conlan (EX1010)
`Conlan is a hybrid activity monitor that uses buttons to track the user’s
`condition
`
`[Resp., Paper 17 at 12; EX1010 at Figs. 5, 6]
`
`Demonstrative Exhibit - Not Evidence
`
`30
`
`
`
`Conlan is not independent
`
`[Resp., Paper 17 at 12; EX1010 at Figs. 5]
`
`[Resp., Paper 17 at 20; EX1010 at 6:38-44]
`
`Demonstrative Exhibit - Not Evidence
`
`31
`
`
`
`“ARC” Combination
`
`Who? Me?
`
`Well, you didn’t
`prove it
`wouldn’t work
`
`Demonstrative Exhibit - Not Evidence
`
`32
`
`
`
`[Sur-Reply, Paper 22 at 16; EX1009 at Fig. 20A]
`
`33
`
`ARC is not a compatible combination
`
`[Resp., Paper 17 at 10; EX1008 at Fig. 2]
`
`[Resp., Paper 17 at 12; EX1010 at Figs. 5]
`
`Demonstrative Exhibit - Not Evidence
`
`
`
`Allum flags movement for the user while Raymond and Conlan rely on the user to
`flag movement
`
`[Resp., Paper 17 at 12; EX1010 at Figs. 5]
`
`[Resp., Paper 17 at 10; EX1008 at Fig. 1]
`
`Demonstrative Exhibit - Not Evidence
`
`34
`
`
`
`Raymond relies on the user to connect sensor data with specific times
`
`[Resp., Paper 17 at 11; EX1009 at Fig. 16]
`
`[Sur-Reply, Paper 22 at 11; EX1009 at Fig. 17]
`
`Demonstrative Exhibit - Not Evidence
`
`35
`
`
`
`Ground 1: Petitioner’s Arguments
`
`Petitioner relies almost entirely on Allum:
`Elem.
`Allum
`1pre
`(Argued)
`1a
`(Argued)
`1b
`(Argued)
`1c
`(Argued)
`1d-1
`(Argued)
`
`(Argued)
`
`(Argued)
`
`Raymond
`Not argued
`Not argued
`(Argued)
`(Argued)
`Not argued
`
`Not argued
`
`Not argued (except for de minimis
`supplementation of Petitioner’s argument for
`Allum)
`
`1d-2
`
`1d-3
`
`1e
`
`1f
`
`1g
`
`1h
`
`1i
`
`Conlan
`Not argued
`Not argued
`Not argued
`Not argued
`Not argued
`
`Not argued
`
`Not argued
`
`(Argued)
`
`Not argued
`
`Not argued
`
`Not argued
`
`Not argued
`
`Not argued (except for de minimis
`supplementation of Petitioner’s argument
`for Conlan)
`(Argued)
`
`Not argued (except for de minimis
`supplementation of Petitioner’s argument for
`Conlan)
`(Argued)
`
`(Argued)
`
`(Argued)
`
`(Argued)
`
`Not argued
`
`Not argued
`
`Not argued
`
`Demonstrative Exhibit - Not Evidence
`
`36
`
`
`
`Ground 1: Element 1d-3
`Claim Language
`A portable, self-contained device for monitoring movement of body parts during physical activity, said device
`comprising:
`a movement sensor capable of measuring data associated with unrestrained movement in any direction and
`generating signals indicative of said movement;
`a power source;
`
`a microprocessor connected to said movement sensor and to said power source,
`said microprocessor capable of receiving, interpreting, storing and responding to said movement data
`based on user-defined operational parameters,
`detecting a first user-defined event based on the movement data and at least one of the user-defined
`operational parameters regarding the movement data, and
`storing first event information related to the detected first user-defined event along with first time
`stamp information reflecting a time at which the movement data causing the first user-defined event
`occurred;
`at least one user input connected to said microprocessor for controlling the operation of said device;
`
`Elem.
`
`Pre
`
`1a
`
`1b
`1c
`
`1d-1
`
`1d-2
`
`1d-3
`
`1e
`1f
`a real-time clock connected to said microprocessor;
`1g memory for storing said movement data; and
`1h
`an output indicator connected to said microprocessor for signaling the occurrence of user-defined events;
`[’136 Pat. at 8:36-57 (Pet. at 13-14)]
`1i
`wherein said movement sensor measures the angle and velocity of said movement.
`Demonstrative Exhibit - Not Evidence
`
`[Pet., Paper 3 at vi-vii]
`
`37
`
`
`
`Element 1d-3
`
`storing first event information related to the detected first user-defined event …
`
`… along with first time stamp information reflecting a time at which the movement data causing the first
`user-defined event occurred;
`
`Allum
`
`(Argued)
`
`Raymond
`Not argued (except for de minimis
`supplementation of Petitioner’s argument for
`Allum)
`
`Conlan
`
`Not argued
`
`1d-
`3(a)
`1d-
`3(b)
`
`Elem.
`
`1d-3
`
`Demonstrative Exhibit - Not Evidence
`
`38
`
`
`
`Element 1d-3 (The extent of Petitioner’s argument)
`
`“A POSITA would have
`understood that the
`“circumstances” of the
`fall warning would
`have included
`movement data that
`caused the fall
`warning to occur”
`
`[Pet., Paper 3 at 32-33]
`
`Demonstrative Exhibit - Not Evidence
`
`39
`
`
`
`Entirely conclusory
`
`1d-
`3(a)
`1d-
`3(b)
`
`storing first event information related to the detected first user-defined event …
`
`… along with first time stamp information reflecting a time at which the movement data causing the first
`user-defined event occurred;
`
`“Allum explains that the system processor 14 ‘save[s] in the processor system
`memory’ the ‘circumstances’ of the fall warning, including the ‘time of day’
`(‘along with first time stamp information’).”
`
`“A POSITA would have understood that the “circumstances” of the fall warning
`would have included movement data that caused the fall warning to occur”
`Demonstrative Exhibit - Not Evidence
`
`[Pet., Paper 3 at 32-33]
`
`40
`
`
`
`Time stamping would occur after the underlying movement data
`
`[Resp., Paper 17 at 24]
`
`Demonstrative Exhibit - Not Evidence
`
`41
`
`
`
`Apple’s improper Reply arguments
`
`[Reply., Paper 21 at 10-11]
`
`Demonstrative Exhibit - Not Evidence
`
`42
`
`
`
`Apple’s connection between circumstances data and time histories is fictitious
`
`[Sur-Reply, Paper 22 at 7; EX1008 at 14:47-57]
`
`Demonstrative Exhibit - Not Evidence
`
`43
`
`
`
`Allum’s time history solely records magnitude
`
`Allum’s time histories solely
`record the magnitude of data
`in a particular direction
`without recording the time of
`each individual movement,
`and more importantly, does
`not record any time of
`movement associated with
`that movement having caused
`any “user defined event” to
`occur.
`
`[Sur-Reply, Paper 22 at 6; EX1008 at Fig. 3]
`
`[Sur-Reply, Paper 22 at 6]
`
`Demonstrative Exhibit - Not Evidence
`
`44
`
`
`
`Ground 1: Element 1e
`Claim Language
`A portable, self-contained device for monitoring movement of body parts during physical activity, said device
`comprising:
`a movement sensor capable of measuring data associated with unrestrained movement in any direction and
`generating signals indicative of said movement;
`a power source;
`
`Elem.
`
`Pre
`
`1a
`
`a microprocessor connected to said movement sensor and to said power source,
`said microprocessor capable of receiving, interpreting, storing and responding to said movement data
`based on user-defined operational parameters,
`detecting a first user-defined event based on the movement data and at least one of the user-defined
`operational parameters regarding the movement data, and
`storing first event information related to the detected first user-defined event along with first time stamp
`information reflecting a time at which the movement data causing the first user-defined event occurred;
`1e
`at least one user input connected to said microprocessor for controlling the operation of said device;
`1f
`a real-time clock connected to said microprocessor;
`1g memory for storing said movement data; and
`1h
`an output indicator connected to said microprocessor for signaling the occurrence of user-defined events;
`[’136 Pat. at 8:36-57 (Pet. at 13-14)]
`1i
`wherein said movement sensor measures the angle and velocity of said movement.
`
`1b
`1c
`
`1d-1
`
`1d-2
`
`1d-3
`
`Demonstrative Exhibit - Not Evidence
`
`[Pet., Paper 3 at vi-vii]
`
`45
`
`
`
`Element 1e
`
`Elem.
`
`1e
`
`Allum
`Not argued (except for de minimis
`supplementation of Petitioner’s argument
`for Conlan)
`
`Raymond
`Not argued (except for de minimis
`supplementation of Petitioner’s argument for
`Conlan)
`
`Conlan
`
`(Argued)
`
`[Resp., Paper 17 at 12; EX1010 at Fig. 5]
`
`Demonstrative Exhibit - Not Evidence
`
`46
`
`
`
`Conlan’s buttons
`
`[Pet., Paper 3 at 35; EX1010 at Fig. 6]
`Demonstrative Exhibit - Not Evidence
`
`47
`
`
`
`Ground 1: Element 1f
`Claim Language
`A portable, self-contained device for monitoring movement of body parts during physical activity, said device
`comprising:
`a movement sensor capable of measuring data associated with unrestrained movement in any direction and
`generating signals indicative of said movement;
`a power source;
`
`Elem.
`
`Pre
`
`1a
`
`1b
`1c
`
`1d-1
`
`1d-2
`
`1d-3
`
`a microprocessor connected to said movement sensor and to said power source,
`said microprocessor capable of receiving, interpreting, storing and responding to said movement data
`based on user-defined operational parameters,
`detecting a first user-defined event based on the movement data and at least one of the user-defined
`operational parameters regarding the movement data, and
`storing first event information related to the detected first user-defined event along with first time stamp
`information reflecting a time at which the movement data causing the first user-defined event occurred;
`at least one user input connected to said microprocessor for controlling the operation of said device;
`
`1e
`1f
`a real-time clock connected to said microprocessor;
`1g memory for storing said movement data; and
`1h
`an output indicator connected to said microprocessor for signaling the occurrence of user-defined events;
`[’136 Pat. at 8:36-57 (Pet. at 13-14)]
`1i
`wherein said movement sensor measures the angle and velocity of said movement.
`
`Demonstrative Exhibit - Not Evidence
`
`[Pet., Paper 3 at vi-vii]
`
`48
`
`
`
`Claim Elements of Claim 20
`
`Elem.
`
`Claim Language
`
`Pre A method to monitory physical movement of a body part comprising the steps of:
`
`20a
`
`attaching a portable, self-contained movement measuring device to said body part for measuring
`unrestrained movement in any direction;
`
`20c
`
`20b measuring data associated with said physical movement;
`interpreting, using a microprocessor included in the portable, self-contained movement
`measuring device, said physical movement data based on user-defined operational parameters
`and real-time clock;
`20d storing said data in memory;
`detecting, using the microprocessor, a first user-defined event based on the movement data and
`at least one of the user-defined operational parameters regarding the movement data, and
`storing, in said memory, first event information related to the detected first user-defined event
`along with first time stamp information reflecting a time at which the movement data causing the
`first user-defined event occurred.
`
`20e
`
`20f
`
`Demonstrative Exhibit - Not Evidence
`
`[Pet., Paper 3 at viii]
`
`49
`
`
`
`Element 20c
`
`Elem.
`
`Claim Language
`
`Pre A method to monitory physical movement of a body part comprising the steps of:
`
`20a
`
`attaching a portable, self-contained movement measuring device to said body part for measuring
`unrestrained movement in any direction;
`
`20c
`
`20b measuring data associated with said physical movement;
`interpreting, using a microprocessor included in the portable, self-contained movement
`measuring device, said physical movement data based on user-defined operational parameters
`and real-time clock;
`20d storing said data in memory;
`detecting, using the microprocessor, a first user-defined event based on the movement data and
`at least one of the user-defined operational parameters regarding the movement data, and
`storing, in said memory, first event information related to the detected first user-defined event
`along with first time stamp information reflecting a time at which the movement data causing the
`first user-defined event occurred.
`
`20e
`
`20f
`
`Demonstrative Exhibit - Not Evidence
`
`[Pet., Paper 3 at viii]
`
`50
`
`
`
`Apple agrees Allum does not disclose a RT Clock
`
`[Pet., Paper 3 at 17;
`Sur-reply, Paper 22 at 12]
`
`[Resp., Paper 17 at 10; EX1008 at Fig. 1]
`
`Demonstrative Exhibit - Not Evidence
`
`51
`
`
`
`Apple does not meet its burden
`
`[Pet., Paper 3 at 36]
`
`Demonstrative Exhibit - Not Evidence
`
`52
`
`
`
`Petitioner’s Argument
`
`[Pet., Paper 3 at 48]
`
`[Pet., Paper 3 at 17]
`Demonstrative Exhibit - Not Evidence
`
`53
`
`
`
`Even with Raymond, ARC still fails
`
`[Reply., Paper 21 at 19]
`
`Apple cites no specific arguments or disclosures
`explaining how any interpreting of movement data is
`done “based on” data from the RTC, as the claim
`language requires.
`
`[Sur-Reply., Paper 22 at 13]
`
`Demonstrative Exhibit - Not Evidence
`
`54
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`IPR2022-00040
`Patent 6,059,576
`
`END
`
`Demonstrative Exhibit - Not Evidence
`
`55
`
`
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