`
`
`Paper 12
`Entered: September 13, 2022
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SCRAMOGE TECHNOLOGY LTD.,
`Patent Owner.
`____________
`
`IPR2022-00573
`Patent 7,825,537 B2
`____________
`
`
`
`Before JAMESON LEE, KRISTINA M. KALAN, and MICHELLE N.
`WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314
`Dismissing Motion for Joinder
`35 U.S.C. § 315(c); 37 C.F.R. § 42.122
`
`
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`IPR2022-00573
`Patent 7,825,537 B2
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`
`INTRODUCTION
`I.
`Apple Inc. (“Petitioner”) filed a Petition (Paper 2, “Pet.”) requesting
`inter partes review of claims 1–22 and 28 of U.S. Patent No. 7,825,537 B2
`(Ex. 1001, “the ’537 patent”). Petitioner additionally filed a Motion for
`Joinder (Paper 3, “Joinder Motion” or “Joinder Mot.”) seeking to join this
`proceeding with Fantasia Trading LLC d/b/a Ankerdirect v. Scramoge
`Technology Ltd., IPR2022-00499 (“the Anker IPR”), which also concerns
`the ’537 patent. Scramoge Technology Ltd. (“Patent Owner”) filed a
`Preliminary Response (Paper 9, “Prelim. Resp.”). With our authorization
`provided in an e-mail dated June 22, 2022, Petitioner filed a preliminary
`Reply (Paper 10, “Reply”) to Patent Owner’s Preliminary Response, and
`Patent Owner filed a preliminary Sur-reply (Paper 11, “Sur-reply”) to
`Petitioner’s preliminary Reply. We have jurisdiction under 35 U.S.C. § 314
`and 37 C.F.R. § 42.4(a). Under 35 U.S.C. § 314(a), an inter partes review
`may not be instituted “unless . . . there is a reasonable likelihood that the
`petitioner would prevail with respect to at least 1 of the claims challenged in
`the petition.” For the reasons that follow, we institute an inter partes review
`as to all the challenged claims of the ’537 patent based on all the grounds
`presented.
`
`
`II. BACKGROUND
`A. Related Proceedings
`The parties identify several related federal district court cases,
`including Scramoge Technology Ltd. v. Apple Inc., Case No. 6-21-cv-
`01071-ADA (W.D. Tex.). Pet. 81; Paper 5, 3–4 (Patent Owner’s Mandatory
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`Notices). The parties also identify several related inter partes review
`proceedings. Pet. 81; Paper 5, 2–3.
`
`
`B. The ’537 Patent
`The ’537 patent describes “inductively supplying electrical power.”
`Ex. 1001, 1:6–8. To illustrate, Figure 1 of the ’537 patent is reproduced
`below.
`
`
`Figure 1 shows inductive DC-DC converter circuit 100, which includes base
`unit 102 and target unit 103. Id. at 2:53–54, 3:22–27.
`Base unit 102 includes DC voltage supply 104, which provides input
`DC voltage Vin. Ex. 1001, 3:31–33. Base unit 102 also includes load 106,
`which includes internal node 108. Id. at 3:33–34. DC voltage supply 104
`and load 106 are electrically coupled through converter sub-circuit 110. Id.
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`at 3:39–40. Converter sub-circuit 110 includes first inductive element 112
`and switching network 114, which directs current to or from inductive
`element 112 at an operating frequency. Id. at 3:41–44. Switching
`network 114 includes input node 116, which receives voltage signal Vctrl.
`Id. at 3:45–48. Internal node 108 and input node 116 are electrically
`coupled through controller element (CTRL) 118, which monitors
`voltage Vnode at node 108, comparing it to voltage Vref, and adjusts
`voltage Vctrl at node 116 based on such comparison. Id. at 3:48–53.
`Target unit 103 includes second inductive element 120, rectifying
`element 122, and load 126. Ex. 1001, 3:61–4:6. Second inductive
`element 120 is electrically coupled to rectifying element 122. Id. at 3:61–66.
`Target unit 103 may be electrically coupled to an electronic device (e.g.,
`battery, display unit, keypad) to provide power. Id. at 3:27–31.
`In operation, first inductive element 112 serves as a primary coil for
`transferring power to target unit 103 via second inductive element 120,
`which serves as a secondary coil. Ex. 1001, 3:59–64. Second inductive
`element 120 generates a time-varying signal in response to coupling with
`first inductive element 112. Id. at 4:1–3. Rectifying element 122 generates
`a DC voltage signal between its node 124 and its node 125 for the time-
`varying signal generated by second inductive element 120. Id. at 3:65–4:3.
`The DC voltage can then be applied across second load 126 to produce
`output DC voltage Vout2. Id. at 4:3–6.
`The ’537 patent explains that to enhance power transfer efficiency,
`switching network 114 is used to adjust the operating frequency of first
`inductive element 112 until the oscillation of second inductive element 120
`is induced at the self-resonant frequency. Ex. 1001, 4:20–42. The operating
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`frequency of first inductive element 112 for inducing the self-resonant
`oscillation in second inductive element 120 can vary depending on the
`separation between the two inductive elements as well as the configuration
`of rectifying element 122 and second load 126. Id. at 4:42–50.
`
`
`C. Illustrative Claim
`Petitioner challenges claims 1–22 and 28 of the ’537 patent.
`Claims 1, 12, and 28 are independent. Claim 1 is illustrative of the claims
`challenged:
`1. A method for inductively transferring power from a base unit
`providing input power, to a target unit providing output power,
`where the base unit and the target unit are electrically isolated,
`comprising:
`positioning a second inductive element of said target unit
`within a predetermined distance of a first inductive
`element of said base unit;
`applying a time varying electric current to said first inductive
`element to produce a time varying magnetic field, said
`time varying magnetic field induces an electric current in
`said second inductive element;
`monitoring at least one parameter indicative of an efficiency
`of power transfer from said base unit to said target unit;
`automatically adjusting at least one characteristic of said time
`varying electric current responsive to said parameter to
`maximize an efficiency of power transfer from said base
`unit to said target unit.
`Ex. 1001, 9:64–10:14.
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`D. Asserted Grounds of Unpatentability
`Petitioner challenges claims 1–22 and 28 of the ’537 patent on the
`following six grounds. Pet. 6–76.
`Claims Challenged
`35 U.S.C. §1
`1–5, 8–16, 19–22, 28
`103
`6, 7, 17, 18
`103
`
`Reference(s)/Basis
`Baarman,2 Partovi-0023
`Baarman, Partovi-002, Partovi-
`4134
`Flowerdew5
`102
`1, 2, 8–11, 28
`Flowerdew, Jang6
`103
`3–5, 12–16, 19–22
`Flowerdew, Partovi-413
`103
`6, 7
`Flowerdew, Jang, Partovi-413
`103
`17, 18
`We refer to the first two grounds as the Baarman-based grounds and to the
`remaining four grounds as the Flowerdew-based grounds. In support of its
`arguments, Petitioner relies on a Declaration of Dr. Tamas Szepesi, Ph.D.
`(Ex. 1003).
`
`
`
`1 The Leahy-Smith America Invents Act (“AIA”), Pub. L. No. 112-29, 125
`Stat. 284 (2011), amended 35 U.S.C. §§ 102 and 103, effective March 16,
`2013. Because the application from which the ’537 patent issued was filed
`before this date, the pre-AIA versions of §§ 102 and 103 apply.
`2 Baarman et al., U.S. Publ’n No. 2009/0174263 A1, published July 9, 2009
`(Ex. 1004).
`3 Partovi, U.S. Publ’n No. 2007/0279002 A1, published Dec. 6, 2007
`(Ex. 1005).
`4 Partovi et al., U.S. Publ’n No. 2009/0096413 A1, published Apr. 16, 2009
`(Ex. 1006).
`5 Flowerdew et al., U.S. Patent No. 7,211,986 B1, issued May 1, 2007
`(Ex. 1007).
`6 Jang et al., U.S. Publ’n No. 2004/0218406 A1, published Nov. 4, 2004
`(Ex. 1010).
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`III. DISCUSSION
`A. Discretionary Denial Under 35 U.S.C. § 314(a)
`Before addressing Petitioner’s asserted grounds of unpatentability, we
`note that Patent Owner urges us to exercise our discretion under 35 U.S.C.
`§ 314(a) to deny institution based on the above-identified parallel litigation
`in the District Court for the Western District of Texas. Prelim. Resp. 3; see
`also supra Part II.A.
`Under § 314(a), the Director has discretion to deny institution of an
`inter partes review. See 37 C.F.R. § 42.4(a) (“The Board institutes the trial
`on behalf of the Director.”); Harmonic Inc. v. Avid Tech., Inc., 815 F.3d
`1356, 1367 (Fed. Cir. 2016) (“[T]he PTO is permitted, but never compelled
`to institute an IPR proceeding.”). In exercising that discretion on behalf of
`the Director, the Board may consider the state of a parallel district court
`proceeding as a “factor that weighs in favor of denying the Petition under
`§ 314(a).” NHK Spring Co. v. Intri-Plex Techs, Inc., IPR2018-00752,
`Paper 8, 20 (PTAB Sept. 12, 2018) (precedential). When considering the
`impact of parallel litigation, the Board seeks, among other things, to
`minimize the duplication of work to resolve the same issue. See id. at 19–
`20.
`
`The Board has identified a nonexclusive list of factors “relat[ing] to
`whether efficiency, fairness, and the merits” favor discretionary denial in
`view of parallel district court litigation. Apple Inc. v. Fintiv, Inc., IPR2020-
`00019, Paper 11, 5–6 (PTAB Mar. 20, 2020) (precedential); see also Interim
`Procedure for Discretionary Denials in AIA Post-Grant Proceedings with
`Parallel District Court Litigation, at 1–2 (June 21, 2022) (“Interim
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`Procedure”).7 Among the factors is proximity of the court’s trial date to the
`Board’s projected statutory deadline for a final written decision. Id. at 6.
`Here, Patent Owner contends that “[t]he statutory deadline for a final
`written decision in this proceeding is September 16, 2023, which can be
`extended to March 16, 2024 for good cause or in the case of joinder,”
`whereas “the pending case is set for trial on July 31, 2023.” Prelim. Resp. 5.
`According to Patent Owner, “trial in the district court litigation will occur
`months before the deadline for a final written decision.” Id. Patent Owner
`adds that the “standing order governing proceedings in patent cases
`expressly states that ‘[a]fter the trial date is set, the Court will not move the
`trial date except in extreme situations.’” Id. at 6 (quoting Ex. 2006, 9
`(emphasis added by Patent Owner)).
`Petitioner counters that “[t]he most recent statistics show a median
`time-to-trial in the Western District of Texas of 27.2 months.” Reply 2
`(citing Ex. 1020, 5). Applying this time period, Petitioner asserts that “[t]he
`co-pending district court case was filed in the Western District of Texas on
`October 15, 2021,” and, “[a]ccordingly, the projected trial date for purposes
`of Fintiv is January of 2024,” which is “four months after the Board’s Final
`Written Decision is due on September 16, 2023.” Id.
`In response, Patent Owner reiterates that the district court “will not
`move the trial date except in extreme situations.” Sur-reply 2 (quoting
`Ex. 2006, 9 (emphasis added by Patent Owner)). Patent Owner also asserts
`that “Petitioner, in addition to ignoring Patent Owner’s evidence, does not
`
`
`7 Available at https://www.uspto.gov/sites/default/files/documents/
`interim_proc_discretionary_denials_aia_parallel_district_court_litigation_
`memo_20220621_.pdf.
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`cite to anything other than the statistics.” Id. In particular, Patent Owner
`states that Board procedure “dictates the PTAB should also consider
`additional factors ‘such as the number of cases before the judge in the
`parallel litigation and the speed and availability of other case dispositions.’”
`Id. (citing Interim Procedure 9). We note that neither party presents
`evidence relating to such additional factors.
`In considering proximity of the court’s trial date to the Board’s
`projected statutory deadline for a final written decision, we “will consider
`the speed with which the district court case may come to trial and be
`resolved,” and we “will weigh this factor against exercising discretion to
`deny institution under Fintiv if the median time-to-trial is around the same
`time or after the projected statutory deadline for [our] final written
`decision.” Interim Procedure 9. Here, our projected statutory deadline for a
`final written decision is September 16, 2023. Based on a median time-to-
`trial of 27.2 months in the Western District of Texas, the expected trial date
`in the parallel litigation is in January 2024, which is about four months after
`our projected statutory deadline for a final written decision. This factor thus
`weighs against exercising discretion to deny the Petition.
`The remaining Fintiv factors do not sufficiently outweigh our
`consideration of the proximity of the court’s expected trial date to the
`Board’s projected statutory deadline for a final written decision to lead us to
`exercise discretion to deny institution. Accordingly, under the
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`circumstances of this case, we decline to exercise our discretion to deny
`institution under § 314(a) in view of the parallel litigation.8
`
`
`B. Claim Construction
`In an inter partes review proceeding, we construe a claim of a patent
`“using the same claim construction standard that would be used to construe
`the claim in a civil action under 35 U.S.C. 282(b).” See 37 C.F.R.
`§ 42.100(b) (2019). That standard involves construing claims in accordance
`with the ordinary and customary meaning of such claims as would have been
`understood by one of ordinary skill in the art and the prosecution history
`pertaining to the patent. See id.; Phillips v. AWH Corp., 415 F.3d 1303,
`1312–14 (Fed. Cir. 2005) (en banc).
`Petitioner asserts that “no formal construction is ‘necessary to resolve’
`the anticipation/obviousness issues raised in this Petition.” Pet. 5–6 (citing
`Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1361 (Fed. Cir.
`2011)). Patent Owner does not respond. See generally Prelim. Resp. For
`purposes of this Decision, we conclude that no claim term requires express
`interpretation at this time to resolve any controversy in this proceeding. See
`Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir.
`1999).
`
`
`
`8 The parties informed us by email that “[o]n Friday, September 9, the
`district court issued a new scheduling order. The trial date has been moved
`from July of 2023 to Oct 31, 2023.” Ex. 3002. This new development does
`not change the outcome of our analysis. The median time-to-trial remains
`the same.
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`C. Anticipation by Flowerdew
`We turn now to Petitioner’s asserted grounds, starting with the
`Flowerdew-based grounds. Petitioner asserts that Flowerdew anticipates
`claims 1, 2, 8–11, and 28 of the ’537 patent. Pet. 47–61. Patent Owner does
`not respond. See generally Prelim. Resp. For the reasons explained below,
`we determine that Petitioner has demonstrated a reasonable likelihood of
`prevailing on this asserted ground.
`Before addressing Petitioner’s analysis, we provide an overview of the
`asserted prior art, Flowerdew.
`
`
`1. Flowerdew
`Flowerdew describes inductive battery chargers. Ex. 1007, 1:6–7. To
`illustrate, Figure 2 of Flowerdew is reproduced below.
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`Figure 2 shows a charging system that includes primary unit (charger) 302
`and secondary unit 304. Id. at 4:60–64. Primary unit 302 includes power
`source 306, controller 308, oscillator 310, and charging coils 312, 314. Id.
`at 5:16–17, 5:38–41. Secondary unit 304 includes receive coil 316,
`rectifier 318, and rechargeable battery 320, which may be charged by
`primary unit 302. Id. at 4:66–67, 5:61–6:2. Secondary unit 304 may be a
`small electronic device, such as a wireless headset, a mobile telephone, a
`personal digital assistant, or a camera. Id. at 5:1–4.
`In operation, secondary unit 304 is placed near primary unit 302 so
`that the magnetic flux from the magnetic field created by charging coils 312,
`314 passes through receive coil 316. Ex. 1007, 5:49–52; see also id.
`at 8:26–37. The magnetic flux in turn induces a voltage across receive
`coil 316, which results in an induced current that charges battery 320. Id.
`at 5:56–58; see also id. at 8:38–50. A meter may be connected across
`receive coil 316 to display the degree of coupling. Id. at 5:58–60.
`Flowerdew explains that “[t]he EMF induced in a coil depends
`strongly on the angle that it makes to the magnetic field.” Ex. 1007, 6:18–
`20. According to Flowerdew, “the maximum possible induction (coupling)
`occurs when the field passes through the coil,” which “occurs when the
`direction of the field is orthogonal to the plane of the coil.” Id. at 6:20–24.
`To illustrate, Figure 10 of Flowerdew is reproduced below.
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`Figure 10 shows the placement of secondary unit 304 on charging
`surface 357 of primary unit 302. Id. at 11:25–27. When secondary unit 304
`is placed on dished charging surface 357, secondary unit 304 will be aligned
`along one axis such that the coupling between the receive coil in secondary
`unit 304 and charging coils in charger 302 is maximized. Id. at 11:27–32.
`
`
`2. Independent Claim 1
`Turning to the claims, we discuss independent claims 1 and 28 in
`detail, starting with claim 1. Claim 1 is directed to a “method for
`inductively transferring power” that comprises a “positioning” step, an
`“applying” step, a “monitoring” step, and an “automatically adjusting” step.
`We address the recited preamble and steps in turn.
`
`
`a. Preamble
`The preamble of claim 1 recites “[a] method for inductively
`transferring power from a base unit providing input power, to a target unit
`providing output power, where the base unit and the target unit are
`electrically isolated.” Ex. 1001, 9:64–67. With respect to the preamble,
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`Petitioner identifies Flowerdew’s primary unit 302 as a “base unit” and
`Flowerdew’s secondary unit 304 as a “target unit.” Pet. 49. As support,
`Petitioner directs us to where Flowerdew teaches that its “invention relates
`to inductive battery chargers,” where “[s]econdary unit 304 includes a
`rechargeable battery 320 to be charged by charger 302.” Ex. 1007, 1:67,
`4:66–67, Fig. 2 (cited by Pet. 49).
`At this stage of the proceeding, we do not determine whether the
`preamble of claim 1 is limiting. Regardless of whether it is limiting,
`however, we are persuaded that Petitioner has shown sufficiently for
`purposes of this Decision that Flowerdew teaches the preamble of claim 1.
`
`
`b. “positioning” step
`Claim 1 recites “positioning a second inductive element of said target
`unit within a predetermined distance of a first inductive element of said base
`unit.” Ex. 1001, 10:1–3. For this step, which Petitioner designates as
`element 1.1, Petitioner identifies Flowerdew’s charging coils 312, 314 as a
`“first inductive element” and Flowerdew’s receive coil 316 as a “second
`inductive element.” Pet. 49, 49–50 n.2. As support, Petitioner directs us to
`Flowerdew’s teaching that “the charger takes the form of a shallow concave
`(herein also referred to as ‘dished’ or a ‘dish’) [ . . . ], which whilst
`substantially flat and thin, develops a magnetic field which is substantially
`horizontal rather than perpendicular to its surface, which is typically the case
`if a coil were wound in the same plane as a plate.” Id. at 49–50 (quoting Ex.
`1007, 4:49–59). Petitioner further directs us to where Flowerdew teaches
`that placing secondary unit 304 on a dished charging surface of primary unit
`302 will align secondary unit 304 such that the coupling between the receive
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`coil in secondary unit 304 and the charging coils in charger 302 is
`maximized. Id. at 50 (citing Ex. 1007, 11:25–32). Petitioner notes that
`Flowerdew teaches that the charging surface of primary unit 302 may
`include markers indicating a preferred alignment or orientation for items
`placed on that part of the surface to receive power from charger 302. Id. at
`53 (citing Ex. 1007, 7:57–61).
`Based on Petitioner’s argument and evidence, we are persuaded that
`Petitioner has shown sufficiently for purposes of this Decision that
`Flowerdew teaches the recited positioning step of claim 1.
`
`
`c. “applying” step
`Claim 1 further recites “applying a time varying electric current to
`said first inductive element to produce a time varying magnetic field, said
`time varying magnetic field induces an electric current in said second
`inductive element.” Ex. 1001, 10:4–7. For this step, which Petitioner
`designates as element 1.2, Petitioner directs us to where Flowerdew teaches
`that “[a]n alternating current signal of prescribed frequency generated in
`oscillator 310 is supplied to charging coil 312 and charging coil 314,” and,
`“[a]s a result, an alternating magnetic field is generated by charging coil 312
`and charging coil 314 above charging surface 357 of charger 302.”
`Ex. 1007, 8:32–37 (cited by Pet. 54). Flowerdew further teaches that “[t]he
`alternating magnetic field generates an induced electromotive force in the
`secondary unit coil 316 arranged in the secondary unit 304.” Id. at 8:38–40
`(cited by Pet. 54). As discussed above, Flowerdew’s charging coils 312, 314
`correspond to the recited first inductive element and Flowerdew’s receive
`coil 316 corresponds to the recited second inductive element. Pet. 49, 54.
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`Based on Petitioner’s argument and evidence, we are persuaded that
`Petitioner has shown sufficiently for purposes of this Decision that
`Flowerdew teaches the recited applying step of claim 1.
`
`
`d. “monitoring” step and “automatically adjusting” step
`Claim 1 further recites “monitoring at least one parameter indicative
`of an efficiency of power transfer from said base unit to said target unit.”
`Ex. 1001, 10:8–10. Petitioner designates this step as element 1.3. Pet. 54.
`Additionally, claim 1 recites “automatically adjusting at least one
`characteristic of said time varying electric current responsive to said
`parameter to maximize an efficiency of power transfer from said base unit to
`said target unit.” Ex. 1001, 10:11–14. Petitioner designates this step as
`element 1.4. Pet. 54. We discuss these two steps together.
`Petitioner directs us to where Flowerdew states,
`Two element inductive charging systems typically create a
`resonance in both the transmitting and the receiving coils for a
`given frequency. The resonance maximizes the current, and
`hence the flux density from a given drive voltage, and maximizes
`the receive voltage for a given intercepted flux. . . . When the
`number and type of secondary units being charged is variable,
`the power extracted from the field and the amount of permeable
`material and its distribution are ill defined and therefore the
`inductance and loss resistance seen in the resonant system are
`also ill defined. Changes in the inductance or loss resistance
`resulting from placement of one or[] more secondary units must
`be compensated for.
`Ex. 1007, 12:22–38 (cited by Pet. 54). To compensate for these changes,
`Flowerdew uses a resonance tuning circuit that varies the frequency of
`charging coils 312, 314 when secondary unit 304 is placed on the charging
`surface of primary unit 302, thereby keeping the system resonant. Id.
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`at 12:58–62 (cited by Pet. 54–55). A sense coil near the driven coil provides
`a feedback signal to a microcontroller that produces the signal to the driver,
`and software allows for the output frequency to be adjusted to maximize the
`signal from the sense coil. Id. at 13:24–30 (cited by Pet. 55). Flowerdew
`explains that “[a]pplication of a variable frequency is predicated on the basis
`that the high efficiency achieved by driving a resonant system is needed for
`effective operation.” Id. at 13:30–35 (cited by Pet. 55).
`Petitioner contends that “Flowerdew thus discloses a microcontroller
`of the charger 302 (base unit) that monitors a ‘feedback signal’ from the
`sense coil, and that automatically adjusts an output frequency (at least one
`characteristic of said time varying electric current) responsive to the
`‘feedback signal’ to achieve and maintain operation at the ‘resonant’
`frequency of the coupled inductor system,” where “the ‘feedback signal’
`from the sense coil constitutes “at least one parameter indicative of an
`efficiency of power transfer from said base unit to said target unit.’”
`Pet. 55. According to Petitioner, “the drive frequency is adjusted in
`response to the ‘feedback signal’ to ‘maximize an efficiency of power
`transfer’ from the charger 302 (base unit) to the secondary unit 304 (target
`unit).” Id. at 55–56. Petitioner asserts that “operating at the resonant
`frequency maximizes power transfer efficiency.” Id. at 56 (citing Ex. 1007,
`12:24–26, 13:31–32).
`Based on Petitioner’s argument and evidence, we are persuaded that
`Petitioner has shown sufficiently for purposes of this Decision that
`Flowerdew teaches the recited monitoring and adjusting steps of claim 1.
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`3. Independent Claim 28
`Claim 28 is directed to a “method for inductively transferring power”
`that comprises a “positioning” step, an “applying” step, a “monitoring” step,
`and an “automatically adjusting” step. The preamble and positioning step
`recited in claim 28 are similar to the preamble and positioning step recited in
`claim 1. In this regard, Petitioner relies on its discussion of claim 1 for its
`analysis of claim 28. Pet. 60. Similarly, our analysis of claim 1 applies to
`claim 28.
`The applying, monitoring, and automatically adjusting steps recited in
`claim 28 are similar to the applying, monitoring, and automatically adjusting
`steps recited in claim 1, but include additional requirements. We address
`these steps, including the additional requirements, in turn.
`
`
`a. “applying” step
`Claim 28 recites “applying a time varying electric current to said first
`inductive element to produce a time varying magnetic field having an
`operating frequency, said time varying magnetic field inducing an electric
`current in said second inductive element.” Ex. 1001, 12:50–54. Unlike
`claim 1, claim 28 requires the time varying magnetic field to have an
`operating frequency.
`With respect to the applying step of claim 28, Petitioner cross-
`references its analysis for claim element 1.2. Pet. 60. As discussed above
`with respect to claim element 1.2, Petitioner directs us to Flowerdew’s
`teaching that “[a]n alternating current signal of prescribed frequency
`generated in oscillator 310 is supplied to charging coil 312 and charging
`coil 314,” and, “[a]s a result, an alternating magnetic field is generated by
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`charging coil 312 and charging coil 314 above charging surface 357 of
`charger 302.” Ex. 1007, 8:32–37 (cited by Pet. 54). Flowerdew further
`teaches that “[t]he alternating magnetic field generates an induced
`electromotive force in the secondary unit coil 316 arranged in the secondary
`unit 304.” Id. at 8:38–40 (cited by Pet. 54). Flowerdew’s charging
`coils 312, 314 correspond to the recited first inductive element and
`Flowerdew’s receive coil 316 corresponds to the recited second inductive
`element. Pet. 49, 54.
`For the additional requirement that the time varying magnetic field
`has an operating frequency, Petitioner directs us to where Flowerdew
`describes using a resonance tuning circuit for operating the charging coils in
`a resonance circuit with a rechargeable device placed on the charging
`surface. Ex. 1007, 12:38–42 (cited by Pet. 60). Flowerdew teaches that “the
`frequency is changed to keep the system resonant.” Id. at 12:61–63 (cited by
`Pet. 60). Petitioner argues that the resulting frequency satisfies the operating
`frequency requirement. Pet. 60.
`Based on Petitioner’s argument and evidence, and for the reasons
`given above with respect to claim element 1.2, (see supra Part III.C.2.c), we
`are persuaded that Petitioner has shown sufficiently for purposes of this
`Decision that Flowerdew teaches the recited applying step of claim 28.
`
`
`b. “monitoring” step and “automatically adjusting” step
`Claim 28 further recites “monitoring at least one parameter of an
`electronic component of said base unit that is indicative of an efficiency of
`power transfer from said base unit to said target unit.” Ex. 1001, 12:55–57.
`This step is similar to the monitoring step recited in claim 1, except that it
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`requires specifically monitoring a parameter of an electronic component of
`said base unit. Claim 28 also recites “automatically adjusting said operating
`frequency based on a value of said parameter to maximize said efficiency of
`power transfer from said base unit to said target unit.” Id. at 12:58–60. This
`step is similar to the automatically adjusting step recited in claim 1, except
`that it requires specifically automatically adjusting said operating frequency.
`Petitioner cross-references its analysis for claim elements 1.3 and 1.4.
`Pet. 60–61. As discussed above with respect to claim elements 1.3 and 1.4,
`Flowerdew uses a resonance tuning circuit that varies the frequency of
`charging coils 312, 314 when secondary unit 304 is placed on the charging
`surface of primary unit 302, thereby keeping the system resonant. Ex. 1007,
`12:58–62 (cited by Pet. 54–55). Flowerdew teaches that a sense coil near
`the driven coil provides a feedback signal to a microcontroller that produces
`the signal to the driver, and software allows for the output frequency to be
`adjusted to maximize the signal from the sense coil. Ex. 1007, 13:24–30
`(cited by Pet. 55). Flowerdew explains that “[a]pplication of a variable
`frequency is predicated on the basis that the high efficiency achieved by
`driving a resonant system is needed for effective operation.” Id. at 13:30–35
`(cited by Pet. 55).
`Petitioner contends that “Flowerdew discloses a microcontroller in the
`charger 302 that monitors a ‘feedback signal’ (at least one parameter) of a
`‘sense coil’ (electronic component of said base unit) that is indicative of
`resonance and thus efficiency of power transfer from the charger 302 (base
`unit) to the secondary unit 304 (target unit). Pet. 60. As noted above,
`Flowerdew teaches that software allows for the output frequency to be
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`adjusted to maximize the signal from the sense coil. Ex. 1007, 13:24–30
`(cited by Pet. 55).
`Based on Petitioner’s argument and evidence, and for the reasons
`given above with respect to claim elements 1.3 and 1.4, (see supra
`Part III.C.2.d), we are persuaded that Petitioner has shown sufficiently for
`purposes of this Decision that Flowerdew teaches the recited monitoring and
`automatically adjusting steps of claim 28.
`
`
`4. Summary
`In view of the foregoing, we determine that Petitioner has
`demonstrated a reasonable likelihood of showing that Flowerdew anticipates
`claims 1 and 28. Claims 2 and 8–11 depend from claim 1. Having reviewed
`Petitioner’s arguments asserting that Flowerdew anticipates claims 2 and 8–
`11, (see Pet. 56–59), we also determine that Petitioner has demonstrated a
`reasonable likelihood of prevailing on its assertion as to these dependent
`claims.
`
`
`D. Obviousness over Flowerdew and Jang
`Petitioner asserts that claims 3–5, 12–16, and 19–22 of the ’537 patent
`would have been obvious over Flowerdew and Jang. Pet. 61–72. Patent
`Owner does not respond. See generally Prelim. Resp. For the reasons
`explained below, we determine that Petitioner has demonstrated a reasonable
`likelihood of prevailing on this asserted ground.
`We provided an overview of Flowerdew above. See supra
`Part III.C.1. Before addressing Petitioner’s analysis, we additionally provide
`an overview of Jang.
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`1. Jang
`Jang describes contactless electrical energy transmission systems,
`where power is transferred through “an air-gap inductive coupling without
`there being any direct electric connection betw