UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`Promethean Ltd. and Promethean Inc.,
`Petitioners,
`
`
`
`v.
`
`FlatFrog Laboratories AB,
`Patent Owner.
`____________
`
`Case IPR2022-00061
`Patent 10,739,916
`____________
`
`DECLARATION OF
`DARRAN R. CAIRNS
`
`1
`
`Page 1 of 105
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`PROMETHEAN EXHIBIT 1002
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`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`Promethean Ltd. and Promethean Inc.,
`Petitioners,
`
`
`
`v.
`
`FlatFrog Laboratories AB,
`Patent Owner.
`____________
`
`Case IPR2022-00061
`Patent 10,739,916
`____________
`
`DECLARATION OF
`DARRAN R. CAIRNS
`
`1
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`Page 1 of 105
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`PROMETHEAN EXHIBIT 1002
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`I.
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`Engagement and Qualifications
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`1.
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`I have been retained by Nelson Mullins Riley & Scarborough, LLP,
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`through Patexia, Inc. as a technical expert in this matter. Patexia, Inc. is being
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`compensated for my services, and I am compensated $365 per hour by Patexia. No
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`part of my compensation is dependent on the substance of my opinions or on the
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`outcome of this matter.
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`2.
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`I am a Fellow of both the Institute of Materials, Minerals, and Mining
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`and of the Institute of Physics. Currently, I am a faculty member at the University
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`of Missouri – Kansas City. I have a Ph.D. degree in metallurgy and materials from
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`University of Birmingham in the United Kingdom and have over twenty years of
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`experience in the field of touch sensor materials, manufacturing, and measurement
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`in both academia and industry at Brown University, 3M Touch Systems, West
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`Virginia University, and University of Missouri – Kansas City. I have taught
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`engineering courses that include the topics of materials, mechanics, sensors, and
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`measurements. I have taught these topics at Brown University, West Virginia
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`University, and the University of Missouri – Kansas City.
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`3.
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`I began working on touch sensors at Brown University in 1999 and I’ve
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`continued to work on them for more than twenty years. While working for 3M, I
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`was responsible for developing a variety of touch sensors having glass touch plates
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`for both flat and curved products and worked on the fabrication and measurements
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`of curved glass touch plates and their surfaces.
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`4. While working at Brown University, West Virginia University, and
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`University of Missouri – Kansas City, I have worked on developing touch sensors,
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`often working in industry. I have developed custom testing and measurement
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`systems, performed measurements of surface technology, and evaluated touch
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`sensors.
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`5.
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`A copy of curriculum vitae, which includes testimony I have given in
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`the last five years, is attached as Exhibit A hereto.
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`II.
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`Basis for Opinions
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`6. While preparing this declaration, I have relied on my education,
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`knowledge, and experience in touch screens, glass, sensors, and optics. In addition,
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`I have relied on the ‘916 Patent, the file history of the ‘916 Patent, the prior art
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`identified herein, and any other documents identified herein.
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`7.
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`It is my understanding that terms in patent claims are typically given
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`their ordinary and customary meaning as would be understood by the ordinarily
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`skilled person at the time of the alleged invention in view of the patent’s
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`specification and prosecution history. I understand that the meaning of a claim term
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`is assessed in view of the entire patent, including its prosecution history, at the time
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`of the invention. I understand that claim construction may rely on both intrinsic and
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`extrinsic evidence, where intrinsic evidence is the patent’s text and its file history,
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`and that intrinsic evidence carries more weight than extrinsic evidence.
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`8.
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`I have been instructed to apply, and have applied, the following claim
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`constructions in my analysis herein. I express no opinion on whether these claim
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`constructions are correct:
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`Claim 1: “said first portion including a
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`said first portion including a first
`
`first projection extending downwards
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`structure that juts out downward from
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`from said first portion and a second
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`and is discrete from the first portion and
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`projection extending downwards from
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`a second structure
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`that
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`juts out
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`said first portion”
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`downward from and is discrete from the
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`Claim 1: “optical element”
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`an element
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`that
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`refracts, deflects,
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`first portion
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`diverts, or focuses light beams passing
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`therethrough
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`Claim 1: “fitted in the space between the
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`disposed within all or part of the
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`panel and
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`the
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`first portion and
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`separation between the first portion and
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`configured to seal the plurality of light
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`the panel so that it prevents the ingress
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`emitters from contaminants from the
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`of some, but not necessarily all, dirt,
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`touch surface”
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`water and other contaminants into the
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`interior of the touch sensing apparatus
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`4
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`Claim 3: “supported by”
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`directly or indirectly held in position by
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`9.
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`I have been informed that “prior art” includes patents and other printed
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`publications in the relevant art that predate the pertinent priority date for the subject
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`matter claimed by the ‘916 Patent. I understand that the ‘916 Patent asserts a priority
`
`date of March 28, 2017. For purposes of my analysis herein, I have assumed that to
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`be the priority date without expressing any opinion regarding the patent’s
`
`entitlement to claim priority to that date. As such, my references to knowledge in
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`the art herein relates to the knowledge prior to that date.
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`10.
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`I have been informed that in order for a claim of a patent to be invalid
`
`as anticipated, each and every limitation of the claim must be found, expressly,
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`implicitly, or inherently, in a single prior art reference. I further understand that the
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`requirement of strict identity between the claim and the prior art reference is not met
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`if a single element or limitation required by the claim is missing from the prior art
`
`reference.
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`11.
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`I have been informed that a patent is invalid as obvious if the
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`differences between the subject matter sought to be patented and the prior art are
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`such that the subject matter as a whole would have been obvious at the time the
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`invention was made to a person of ordinary skill in the art. In making determinations
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`of obviousness, I have been asked to consider: (1) the scope and content of the prior
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`art; (2) the differences between the prior art and the claims at issue; and (3) the level
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`of ordinary skill in the art.
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`III. Level of Ordinary Skill in the Art
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`12.
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`I have been informed that the claims of a patent are judged from the
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`perspective of a hypothetical “person of ordinary skill in the art” (“POSITA”).
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`13.
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`I understand that the level of ordinary skill in the art is determined in
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`view, at the time of the alleged invention, of the type of problems encountered in the
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`art, prior art solutions to those problems, the sophistication of the technology, and
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`the educational level of workers active in the relevant field.
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`14.
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`I have been informed that the Patent Owner has proposed in related
`
`litigation that a person of ordinary skill in this art is someone having an
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`undergraduate degree in electrical or mechanical engineering, plus at least two years
`
`of experience designing touch sensors.
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`15. Based on my experience and knowledge, I believe a person of ordinary
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`skill with regard to the ‘916 Patent is someone having at least a bachelor’s degree
`
`(bachelor-of-science or comparable degree) in mechanical engineering, or in an
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`equivalent discipline, plus at least five years of experience designing touch sensors.
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`However, the educational level can offset the experience level, and vice versa. For
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`example, I would consider a person with at least a master’s degree in those
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`disciplines, but at least two years of design experience in the field, to be a person of
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`ordinary skill in this technology.
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`IV.
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`Summary of Conclusions
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`16. Chen ‘221 discloses each claim limitation of claims 1-3 and 5 of the
`
`‘916 Patent.
`
`17. A POSITA would have modified the device disclosed in Chen ‘221 in
`
`view of the teachings in Chen ‘812 to practice the limitations of claims 1-3 and 5 of
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`the ‘916 Patent.
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`18. A POSITA would have modified the device disclosed in Hu in view of
`
`the teachings in Chen ‘221 to practice the limitations of claims 1-3 and 5 of the ‘916
`
`Patent.
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`19. A POSITA would have modified the device disclosed in Mo in view of
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`the teachings in Chen ‘221 and/or Hu to practice the limitations of claims 1-3 and 5
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`of the ‘916 Patent.
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`20. A POSITA would have modified the device disclosed in Chen ‘812 in
`
`view of the teachings of Chen ‘221 to practice the limitations of claims 1-3 of the
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`‘916 Patent.
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`21. A POSITA would have modified the device disclosed in Chen ‘221; the
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`modified device of Chen ‘221 in view of Chen ‘812 (as described in detail herein);
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`and/or the device of Mo in light of the teachings in Chen ‘707 to practice the
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`limitations of claims 4 and 9 of the ‘916 Patent.
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`V.
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`Analysis of the ‘916 Patent Claims
`
`A. Chen ‘221 Discloses All Elements of Claims 1-3 of the ‘916 Patent
`and, Alternatively, a POSITA Would Have Combined the
`Teachings of Chen ‘221 and Chen ‘812 To Practice the
`Limitations of Those Claims
`
`1.
`
`Claim 1
`
`a. A touch sensing apparatus
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`22. Chen ‘221 describes a “projection-type touch control electronic
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`whiteboard.” Ex-1004 ¶¶ 2, 7, 30, Figs. 4-5.
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`23.
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`For example, as explained in the “Background Art” of Chen ‘221, such
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`whiteboards use infrared sensing technology to provide “touch control positioning.”
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`Id., ¶ 2.
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`24.
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`In addition, the Chen ‘221 device includes a “touch control panel” and
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`sensors to “provide touch control positioning through the filter.” Id. ¶¶ 8, 13, 30,
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`32, 39, Figs. 4-7.
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`25. Based on such disclosures, Chen ‘221 discloses a “touch sensing
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`apparatus.”
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`b. a panel that defines a touch surface
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`26.
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`The Chen ‘221 electronic whiteboard has a “touch control panel 20.”
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`Id. ¶¶ 2, 39, Fig. 7.
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`27.
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`Touch control panel 20 in Chen ‘221 defines a touch surface as shown
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`below. Id. ¶¶ 4, 8, 32.
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`Touch Control
`Panel 20
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`c. A plurality of light emitters and detectors arranged
`along a perimeter of the panel
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`28. Chen ‘221 explains that its electronic whiteboard includes a “sensor
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`assembly 200” on opposing edges of the touch control panel 20. Id. ¶ 32. Each
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`sensor assembly 200 includes “sensors 210” that are arranged on a “circuit board
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`220.” Id.
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`29. As explained in Chen ‘221 and shown in annotated Fig. 7 below, a
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`transmitting sensor and a receiving sensor are correspondingly provided on opposing
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`edges of the touch control panel 20. Id. ¶ 32, Fig. 7.
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`Sensor Assembly 200
`(Detectors on Circuit Board)
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`Sensor Assembly 200
`(Emitters on Circuit Board)
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`30. Chen ‘221 explains that a plurality of sensors (emitters or detectors) are
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`provided on each circuit board 220, explaining that “[t]he circuit board 220 extends
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`along the edge of the electronic whiteboard, and a plurality of sensors 210 are
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`sequentially arranged along the extending direction thereof.” Id. ¶ 32.
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`31.
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`In addition, as noted above, Chen ‘221 confirms that the emitters and
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`detectors extend along a perimeter of the panel. For example, Chen ‘221 explains
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`that the circuit board 220, which includes emitters or detectors, “extends along the
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`edge of the electronic whiteboard,” i.e., is arranged along a perimeter of the panel
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`as required by claim 1 of the ‘916 patent. Id.
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`32.
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`This configuration is explained in detail in paragraph 32 of Chen ’221,
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`which is set forth below:
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`As shown in Fig. 6, the sensor assembly 200 includes
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`sensors 210 and a circuit board 220. In the frame structure
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`10 provided on opposing edges of the electronic
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`whiteboard, a transmitting sensor and a receiving sensor
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`are correspondingly provided. In this way, the sensor
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`signal sent from the edge on one side of the electronic
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`whiteboard can be received by the sensor on the other side
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`thereof. The sensors 210 are vertically arranged on the
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`circuit board 220, that is, the pins of the sensor 210 are in
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`the same axial direction as the sensors, so that the sensors
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`210 and the circuit board 220 are perpendicular to each
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`other. The circuit board 220 extends along the edge of the
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`electronic whiteboard, and a plurality of sensors 210 are
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`sequentially arranged along the extending direction
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`thereof; in addition, the transmission direction and
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`reception direction of the sensor signal faces the filter 300,
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`and the filter 300 provides touch control positioning. The
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`sensors 210 and the circuit board 220 which are
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`perpendicular to each other are accommodated in the
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`accommodating cavity having an L-shaped cross section
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`as mentioned above.
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`33. Based at least on the foregoing disclosures, Chen ‘221 discloses a
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`plurality of emitters and a plurality of detectors are arranged along a perimeter of the
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`panel.
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`d. a support structure comprising a first portion that is
`parallel to the touch surface and separated by a space
`from the panel
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`34.
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`The Chen ‘221 device includes a frame structure 10 that includes frame
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`100. For example, Chen ‘221 explains that “Fig. 4 is a schematic diagram of a frame
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`structure of a projection-type electronic whiteboard according to an embodiment.”
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`Id. ¶ 30. With reference to that Fig. 4, Chen ‘221 further provides that “the frame
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`structure 10 includes a frame 100.” Id.
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`35. As shown in Fig. 7 of Chen ‘221, the frame 100 supports the sensor
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`assembly 200 and the filter 300. Ex-1004, ¶¶ 30-31, Fig. 7. Claim 1 of Chen ‘221
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`confirms such a supporting function, providing that the frame structure includes a
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`frame and a “sensor assembly arranged in the frame” and “a filter arranged at an
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`opening on one side of the frame.” As a result, and as confirmed by Figs. 5 and 7 of
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`Chen ‘221 (reproduced infra), frame 100 is a support structure.
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`36.
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`In addition, as shown in annotated Figs. 5 and 7 of Chen ‘221 below,
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`the frame 100 has a first portion that is parallel to the touch surface (not shown
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`below) and is separated by a space from that touch surface:
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`First Portion
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`Frame 100
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`First Portion
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`Space
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`Panel
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`e. said first portion including a first projection
`extending downwards from said first portion and a
`second projection extending downwards from said
`first portion
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`37. As shown in the annotated Fig. 5 of Chen ‘221 below, the first portion
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`of the frame 100 includes a first projection and a second projection. Each of those
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`projections are discrete from the first portion and jut out downward from the first
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`portion:
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`Second Projection
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`First Projection
`First Portion
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`f. wherein a gap between the first projection and the
`second projection forms a receptacle having a first
`cross-sectional shape
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`38. As shown in the excerpted and annotated portion of Fig. 5 of Chen
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`‘221 below, there is a gap (outlined in red) between the first projection and the
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`second projection and the filter 300.
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`Second Projection
`
`First Projection
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`Gap / Receptacle
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`39. As described in detail in Limitation 1(h) below, Chen ‘221’s filter 300
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`has a mating portion that mates with the gap. As such, the gap shown above
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`constitutes a receptacle for the mating portion of filter 300. As shown, this
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`gap/receptacle has a first cross-sectional shape generally resembling a trapezoid.
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`g. an optical element fitted in the space between the
`panel and the first portion and configured to seal the
`plurality of light emitters from contaminants from the
`touch surface
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`40. Chen ‘221 discloses that a filter 300 is positioned in an opening in a
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`side of frame 100. Specifically, Chen ‘221 explains “[t]he side of the frame 100 is
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`provided with an opening extending along the edge of the screen of the electronic
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`whiteboard, and the filter 300 is disposed at the opening.” Id. ¶ 31. An example of
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`this configuration is shown in annotated Fig. 5 below:
`
`Optical Element
`(Filter 300)
`
`Position for Panel
`
`First Portion
`
`Sensor 210
`
`Frame 100
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`Ex-1004, ¶¶ 30-32, Figs. 5, 7.
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`41. As shown, “the transmission direction . . . of the sensor 210 faces the
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`filter 300,” id. ¶ 32, and “the sensor 210 provides touch control positioning through
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`filter 300,” id., Abstract.
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`42. Chen ‘221 provides that the sensor may include an infrared LED light
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`source. Id. ¶ 18; id. ¶ 4 (describing the use of infrared sensors and filters in the
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`“background art”). As a “filter,” the filter 300 functions to filter out ambient light
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`while allowing infrared wavelengths to pass through.
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`43.
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`In addition, as shown above, filter 300 is positioned at an angle. In this
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`configuration, light passing from a first medium (air) to a second medium (filter 300)
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`will be refracted under the principles of Snell’s law.
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`44. As such, filter 300 includes an element that “refracts, deflects, diverts,
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`or focuses light beams passing therethrough.”
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`45.
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`In addition, filter 300 is fitted in the space between the panel and the
`
`first portion and configured to seal the plurality of light emitters from contaminants
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`from the touch surface as required by claim 1 of the ‘916 Patent. Specifically, as
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`shown in the annotated Fig. 7 below, filter 300 is disposed within the space between
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`the frame 100 first portion and the surface of touch control panel 20:
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`First Portion
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`Space
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`Panel
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`46.
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`The filter 300 in the Chen ‘221 device also extends along the length of
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`the perimeter of touch screen 1 so as to protect the emitters from contaminants. In
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`particular, Chen ‘221 explains that the side of frame 100 has “an opening extending
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`along the edge of the screen of the electronic whiteboard” and that filter 300 is
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`disposed at that opening. Ex-1004, ¶ 31; see also id. ¶¶ 11, 13, 32, 35, Figs. 1, 7,
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`and 9.
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`47.
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`In addition, Chen ‘221 describes a plurality of emitters extending along
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`the length of the frame on the circuit board 220 that face “the filter” (singular, not
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`plural) is positioned along each perimeter of the panel. Id. ¶¶ 31-32. Thus, the filter
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`is arranged to extend along the length of the frame to align with the emitters. Claim
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`1 of Chen ‘221 confirms this configuration, requiring “a filter arranged at an
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`opening on one side of the frame, the opening on the side of the frame extending
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`along an edge of the electronic whiteboard, which is characterized in that sensors
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`of the sensor assembly are vertically arranged on a circuit board of the sensor
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`assembly, the circuit board extends along the edge of the display area, and the
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`vertically arranged sensors provide touch control positioning through the filter.”
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`48. By extending vertically and horizontally along a frame edge to encase
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`the sensor 210 (emitters) within the frame, filter 300 is configured to prevent the
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`ingress of some, but not necessarily all, dirt, water and other contaminants into the
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`interior of the touch sensing apparatus.
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`49.
`
`This “sealing” configuration is the same configuration described for
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`sealing in an embodiment of the ‘916 patent. See Ex-1001, 16:27-33 (explaining
`
`that “the sealing window 126 provides sealing around the perimeter 104 of the light
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`transmissive panel 101 and protects the emitters and detectors 103, 103’ and the edge
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`of the light transmissive panel 101”); 17:15-19 (noting that sealing window 126 is
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`“mounted between two surfaces for sealing and protecting the emitters and detectors
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`103, 103' from the outside environment”); 17:61-64 (noting that “deformable seals
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`or integral gaskets” are “optional” and, thus, not required to effect sealing).
`
`50.
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`In sum, filter 300 includes an element that “refracts, deflects, diverts,
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`or focuses light beams passing therethrough” and that is positioned to vertically and
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`horizontally encase the emitter to protect against contaminants. As such, filter 300
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`constitutes a an “optical element.”
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`51.
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`In addition, even if an optical element were required by claim 1 of the
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`‘916 patent to be “fitted in the [entire] space between the panel and the first portion,”
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`such a conventional configuration was known in the art and would have been nothing
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`more than a known and routine modification to the Chen ‘221 device.
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`52.
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`For example, as shown in annotated Fig. 2 of Chen ‘812 below, Chen
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`‘812 discloses an optical element (filter strip 4) extending in the entire vertical space
`
`between a touch surface (screen body 1) and a first portion (front wall 21). Ex-1006,
`
`¶¶ 0005, 0009, 0024-0025.
`
`First Portion
`Optical Element
`(Filter Strip 4)
`
`Panel
`
`Emitters
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`53. Chen ‘812 discloses that such a design was advantageous because it
`
`permits emitted light to be directed closer to the touch screen, thereby reducing the
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`likelihood of false touches, improving touch accuracy and reliability, and improving
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`product appearance. Id. ¶¶ 0003-0005, 0014.
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`54.
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`In light of such known advantages, a POSITA would have readily
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`modified the filter 300 in the Chen ‘221 device to extend “entirely” between the first
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`portion of its frame 100 first portion and the surface of touch control panel 20.
`
`55.
`
`Such a modification to use such a known filter configuration for such a
`
`known advantage would have been nothing more than a routine modification.
`
`h. said optical element comprises a mating portion having
`a second cross-section shape that is substantially
`reciprocal to the first cross-sectional shape, said
`mating portion engaged with the receptacle of the first
`portion.
`The Chen ‘221 optical element (filter 300) has a mating portion that is
`
`56.
`
`engaged with the gap/receptacle of the first portion.
`
`57.
`
`In particular, as shown in the annotated and excepted portion of Fig. 5
`
`of Chen ‘221 below, the mating portion has a second cross-sectional trapezoid shape
`
`that is substantially reciprocal to the first cross-sectional shape of the gap/receptacle
`
`and is configured so that it can be received in the gap/receptacle.
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`Gap / Receptacle
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`Mating Portion
`
`Optical Element
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`2.
`
`Claim 2
`
`a. The touch sensing apparatus according to claim 1,
`wherein the support structure further comprises a
`second portion extending from the first portion
`
`58.
`
`The frame 100 in the Chen ‘221 device includes a second portion
`
`extending from the first portion as shown in annotated Fig. 5 below:
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`First Portion
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`Second Portion
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`b. wherein the second portion is configured to enable
`mounting of the plurality of emitters and
`59. As shown in annotated Fig. 5 below and as described in Chen ‘221,
`
`circuit board 220 holds a plurality of sensors 210 (emitters) and is fixed on support
`
`board 400. Id. ¶¶ 32-33. The sensors 210 and the circuit board 220 are mounted
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`vertically in an “accommodating cavity” of frame 100 via support board 400. Id.
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`23
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`PROMETHEAN EXHIBIT 1002
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`
`
`First Portion
`
`Sensors 210
`(Emitters)
`
`Second Portion
`
`Support Board 400
`
`Circuit Board 220
`
`60. As shown above, the support board 400 engages the second portion to
`
`hold circuit board 220 (and its sensors 210 (emitters)) in place in the vertical position
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`(while still allowing circuit board 220 and support board 400 to be removed for
`
`maintenance purposes). Id. ¶¶ 32-34, 40.
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`61. With this arrangement, the second portion is configured to enable
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`mounting of the plurality of emitters.
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`c. wherein the second portion is oriented perpendicular
`to the first portion.
`62. As shown in annotated Fig. 5 above, the second portion is oriented
`
`perpendicular to the first portion.
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`24
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`PROMETHEAN EXHIBIT 1002
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`
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`3.
`
`Claim 3
`
`a. The touch sensing apparatus according to claim 2,
`wherein the plurality of emitters are mounted on an
`electronics board that is supported by the second
`portion, said plurality of emitters configured to emit
`light above the touch surface.
`63. As I previously explained above, Chen ‘221 discloses that a plurality
`
`of emitters are mounted on circuit board 220, and the circuit board 220 is fixed on
`
`a support board. Id. ¶¶ 32-33, Figs. 5, 7.
`
`64. As shown in annotated Fig. 5 below, the sensors 210 and the circuit
`
`board 220 are mounted vertically in an “accommodating cavity” of frame 100 via
`
`support board 400. Id.
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`25
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`PROMETHEAN EXHIBIT 1002
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`
`
`First Portion
`
`Sensors 210
`(Emitters)
`
`Second Portion
`
`Support Board 400
`
`Circuit Board 220
`
`65. As shown above, the support board 400 engages the second portion to
`
`hold circuit board 220 in place and to maintain circuit board 220 in the vertical
`
`position. Id. ¶¶ 33-34, 40.
`
`66. As such, circuit board 220 is supported by, i.e., directly or indirectly
`
`held in position by, the second portion.
`
`67.
`
`Furthermore, Chen ‘221 also provides that, in other embodiments,
`
`support board 400 can be removed based on cost or convenience. Id. ¶ 38; see also
`
`id. Fig. 3a. In such embodiments omitting the support board, a POSITA would
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`26
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`readily appreciate that circuit board 200 would be held directly against the second
`
`portion identified above.
`
`68. As such, Chen ‘221 alternatively discloses a frame structure in which
`
`circuit board 220 of a sensor assembly 200 is directly held in position (i.e., directly
`
`supported) by a second portion frame 100 that extends perpendicularly to a first
`
`portion.
`
`69.
`
`In addition, as shown by the positioning of the emitters, such as in Fig.
`
`7, Chen ‘221 also discloses that the plurality of emitters are configured to emit light
`
`above the surface of touch control panel 20. Id. ¶¶ 4, 13, 18, 32, Figs. 5, 7.
`
`70.
`
`For example, Chen ‘221 explains such above-surface emissions: “In the
`
`frame structure 10 provided on opposing edges of the electronic whiteboard, a
`
`transmitting sensor and a receiving sensor are correspondingly provided. In this
`
`way, the sensor signal sent from the edge on one side of the electronic whiteboard
`
`can be received by the sensor on the other side thereof.” Id. ¶ 32. As shown in
`
`annotated Fig. 7 below, such emitted light (generally indicated by the annotated
`
`dashed line) would travel over the touch surface:
`
`27
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`
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`Sensor Assembly 200
`(Detectors on Circuit Board)
`
`Sensor Assembly 200
`(Emitters on Circuit Board)
`
`4.
`
`Claim 5
`
`a. The touch sensing apparatus according to claim 1,
`wherein the optical element comprises a first surface
`facing the plurality of light emitters and a second
`surface opposite the first surface
`
`71. Chen ‘221 discloses that filter 300 has a first surface that faces the
`
`plurality of light emitters and a second surface opposite the first surface, as shown
`
`in the annotated excerpt from Fig. 5 below:
`
`28
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`
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`Offset
`
`Sensor 210
`(Emitters)
`
`First Surface
`
`Second Surface
`
`b. said first surface angled between a top portion of the
`optical element and a base portion of the optical
`element and configured to form an offset between a
`first end of the top portion and a second end of the
`base portion.
`
`72. As shown in the annotated figure above, the first surface is angled
`
`between a top portion and a base portion of the optical element.
`
`73. As also shown above, the first surface is configured with an offset
`
`between a first end of the top portion and a second end of the base portion.
`
`29
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`B. Hu In View of Chen ‘221 Discloses All Elements of Claims 1-3 and
`5 of the ‘916 Patent
`
`1.
`
`Claim 1
`
`a. A touch sensing apparatus
`
`74. Hu discloses “[a]n infrared touch device.” Ex-1008 ¶¶ 0001, 0004,
`
`0023, 0028, 0034, Figs. 1, 4-5. As Hu explains, that device may be used to determine
`
`the position of a touch event on the touch screen. Id. ¶ 0025, Fig. 1. As such, Hu
`
`discloses a touch sensing apparatus.
`
`b. a panel that defines a touch surface
`
`75.
`
`The infrared touch device of Hu includes a “touch screen 10.” Id.
`
`¶¶ 0023, 0028, 0035, Figs. 1, 4-5.
`
`76. As shown in annotated Fig. 4 of Hu below, for example, touch screen
`
`10 is a panel that defines a touch surface:
`
`Touch Screen 10
`
`30
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`
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`c. A plurality of light emitters and detectors arranged
`along a perimeter of the panel
`77. As shown in Fig. 1 of Hu, the infrared touch device comprises a
`
`plurality of light emitters and detectors arranged along a perimeter of the panel (i.e.,
`
`touch screen 10).
`
`78.
`
`In particular, as shown below, Hu discloses “a first group of multiple
`
`infrared emitters 20 and a first group of multiple infrared receivers 22, wherein the
`
`first group of multiple infrared emitters 20 are arranged on the first edge 12 of the
`
`touch screen 10, and first group of multiple infrared receivers 22 are arranged on the
`
`second edge 14 of the touch screen 10.” Id. ¶¶ 0023-24, Fig 1.
`
`31
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`
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`Second Plurality
`of IR Emitters
`
`Third
`Edge
`
`Touch Screen
`
`First
`Edge
`
`First Plurality of
`IR Emitters
`
`Second
`Edge
`
`First Plurality of
`IR Receivers
`
`Second Plurality
`of IR Receivers
`
`Fourth
` Edge
`
`32
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`
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`d. a support structure comprising a first portion that is
`parallel to the touch surface and separated by a space
`from the panel
`
`79.
`
`The Hu device includes a support structure, namely frame 28, having a
`
`first portion, namely “frame front connecting portion 36.” Id. ¶¶ 0029, 0035. As
`
`shown in annotated Fig. 5 below, frame front connecting portion 36 is parallel to the
`
`surface of touch screen 10 and is separated by a space from touch screen 10.
`
`First Portion
`
`Frame
`00
`
`Space
`
`Touch Screen
`
`e. said first portion including a first projection
`extending downwards from said first portion and a
`second projection extending downwards from said
`first portion
`
`80.
`
`The “first portion” (i.e., frame front connecting portion 36) in the Hu
`
`device includes inner frame portion 32. Id. Fig. 5, ¶¶ 0035, 0038-39. Inner frame
`
`portion 32 juts out downward from and is discrete from frame front connecting
`
`33
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`
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`portion 36. That structure forms a first projection, which is annotated as P1 in Fig.
`
`5 below.
`
`P1
`
`P2
`
`81.
`
`Frame front connecting portion 36 also includes a second part (denoted
`
`as “P2” in the image above). However, Hu does not expressly disclose that this
`
`second part juts out downward from frame front connecting portion 36.
`
`82. However, the use of both a first and second projection to form a
`
`receptacle for mating with an optical element was conventional in the art, and it
`
`would have been a routine modification for a POSITA to modify Hu to have such a
`
`“second projection.”
`
`34
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`83.
`
`For example and as I explained above for Limitation 1(e) in discussing
`
`Chen ‘221, Chen ‘221 likewise describes a touch sensing apparatus, specifically an
`
`infrared whiteboard frame structure with a filter 300 that extends along the edge of
`
`the display area and that is generally similar to the infrared filter of Hu. Id., ¶¶ 4, 8,
`
`13, 30, 32, 35, Fig. 5.
`
`84. Chen ‘221 describes that an IR filter can be secured at its upper end
`
`between two projections that jut out downward and are discrete from a support
`
`structure first portion. Ex-1004, ¶ Fig. 5.
`
`85.
`
`Specifically, as shown in the annotated Fig. 5 of Chen ‘221 below, the
`
`Chen ‘221 apparatus includes a filter 300 that has a mating portion to be received in
`
`a receptacle defined between first and second projections that extend downward
`
`from a first portion of frame 100 that extends parallel to the surface of whiteboard
`
`screen:
`
`35
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`PROMETHEAN EXHIBIT 1002
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`
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`Second Projection
`
`First Projection
`
`Mating Portion
`
`Filter
`
`86.
`
`In addition, other
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