UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`ASSA ABLOY AB, ASSA ABLOY Inc.,
`ASSA ABLOY Residential Group, Inc., August Home, Inc., HID Global
`Corporation, and ASSA ABLOY Global Solutions, Inc.,
`Petitioners,
`
`v.
`
`CPC Patent Technologies PTY LTD.,
`Patent Owner.
`Case No. IPR2022-01006
`
`Patent No. 9,665,705
`
`_____________________________________________________________
`
`PETITION FOR INTER PARTES REVIEW OF
`
`U.S. PATENT NO. 9,665,705 (CLAIMS 1-17)
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`

`

`TABLE OF CONTENTS
`
`INTRODUCTION .......................................................................................... 1
`I.
`II. MANDATORY NOTICES ............................................................................ 1
`III.
`IDENTIFICATION OF CLAIMS AND GROUNDS .................................... 3
`IV. CERTIFICATION AND FEES ...................................................................... 4
`V.
`BACKGROUND ............................................................................................ 4
`A.
`The ’705 Patent .................................................................................... 4
`B.
`The Prior Art ........................................................................................ 8
`1.
`Bianco ........................................................................................ 8
`2. Mathiassen ................................................................................ 8
`3.
`Houvener ................................................................................... 8
`4.
`Richmond .................................................................................. 9
`VI. LEVEL OF SKILL ......................................................................................... 9
`VII. CLAIM CONSTRUCTION ........................................................................... 9
`A.
`Terms to be Construed ......................................................................... 9
`1.
`“signal for directing input” / “feedback signal
`adapted to direct provision of…the biometric signal” ......... 9
`Previously-Construed Terms .............................................................. 11
`B.
`VIII. ARGUMENT ................................................................................................ 12
`A. GROUND #1: Claims 1, 3-5, and 9-17 are rendered obvious by
`Bianco and Mathiassen. ...................................................................... 12
`1.
`Claim 1 .................................................................................... 12
`2.
`Claim 3 .................................................................................... 58
`3.
`Claim 4 .................................................................................... 65
`4.
`Claim 5 .................................................................................... 67
`5.
`Claim 9 .................................................................................... 69
`6.
`Claims 10-11, 14-17 ................................................................ 69
`7.
`Claim 12 .................................................................................. 74
`8.
`Claim 13 .................................................................................. 78
`
`i
`
`

`

`TABLE OF CONTENTS
`(continued)
`
`B. GROUND #2: Claims 2 and 6-7 are Rendered Obvious by
`Bianco and Mathiassen in view of Houvener .................................... 79
`1.
`Claim 2 .................................................................................... 80
`2.
`Claim 6 .................................................................................... 84
`3.
`Claim 7 .................................................................................... 90
`C. GROUND #3: Claim 8 Is Rendered Obvious by Bianco,
`Mathiassen, Houvener, and Richmond .............................................. 95
`1.
`Claim 8 .................................................................................... 95
`IX. CONCLUSION ............................................................................................. 99
`
` ii
`
`

`

`EXHIBIT LIST
`
`EXHIBITS FILED BY PETITIONERS
`
`EX-1001
`
`U.S. Patent No. 9,665,705 (“Burke II”)
`
`EX-1002
`
`Patent Prosecution History of U.S. Patent No. 9,665,705
`
`EX-1003
`
`U.S. Patent No. 6,256,737 to Bianco et al. (“Bianco”)
`
`EX-1004 World Intellectual Property Organization (WIPO) Int. Pub. No.
`WO 2002028067A1 (02/28067) to Mathiassen (“Mathiassen”)
`
`EX-1005
`
`Declaration of S. Lipoff Regarding Invalidity of U.S. Patent No.
`9,665,705
`
`EX-1006
`
`Curriculum Vitae of Stuart Lipoff
`
`EX-1007
`
`U.S. Patent No. 9,269,208 to Burke (“Burke I”)
`
`EX-1008
`
`Dawn Xiodong Song, David Wagner, and Xuqing Tian
`(University of California, Berkeley), “Timing Analysis of
`Keystrokes and Timing Attacks on SSH,” USENIX Security
`Symposium, vol. 2001 (2001), available at
`https://people.eecs.berkeley.edu/~daw/papers/ssh-use01.pdf.
`
`EX-1009
`
`Claim Construction Order in CPC Patent Technologies Pty Ltd
`v. Apple Inc., WDTX-6-21-cv-00165-ADA, Dkt. No. 76
`(“Apple CC Order”)
`
`iii
`
`

`

`EX-1010
`
`Claim Construction Order in CPC Patent Technologies Pty Ltd
`v. HMD Global Oy, WDTX-6-21-cv-00166-ADA, Dkt. No. 45
`(“HMD CC Order”)
`
`EX-1011
`
`R. Stockton Gaines, William Lisowski, S. James Press, and
`Normal Shapiro (Rand), Authentication by Keystroke Timing:
`Some Preliminary Results, R-2526-NSF, May 1980. (“Gaines”)
`
`EX-1012
`
`Patent Prosecution History of U.S. Patent No. 9,269,208
`
`EX-1013
`
`U.S. Patent No. 5,790,674 to Robert C. Houvener and Ian P.
`Hoenisch (“Houvener”)
`
`EX-1014
`
`U.S. Patent No. 6,856,237 to Thomas R. Richmond, Suzanne
`Richmond, and Patrick S. Kochie (“Richmond”)
`
`EX-1015
`
`Fabian Monrose, Michael K. Reiter, and Susanne Wetzel.
`“Password Hardening Based on Keystroke Dynamics,”
`Proceedings of the 6th ACM Conference on Computer and
`Communications Security, November 1999. (“Monrose”)
`
`EX-1017
`
`Excerpts from Longman, Dictionary of American English, 3rd
`Edition (2004)
`
`EX-1018
`
`Excerpts from Bloomsbury English Dictionary, 2nd Edition
`(2004)
`
`EX-1019 WIPO Patent Pub. No. WO2008113110A1 to Christopher John
`Burke (“Burke III”).
`
`EX-1020
`
`CPC Infringement Allegations re U.S. Patent No. 9,269,208
`
`iv
`
`

`

`EX-1021
`
`CPC Infringement Allegations re U.S. Patent No. 9,665,705
`
`v
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`I.
`
`INTRODUCTION
`Petitioners request Inter Partes Review (“IPR”) of claims 1-17 (the
`
`“Challenged Claims”) of U.S. Patent No. 9,665,705 (“ʼ705 Patent,” EX-1001),
`
`purportedly owned by CPC Patent Technologies Pty Ltd. (“Patent Owner”).
`
`This petition in IPR2022-01006 is being filed shortly before two petitions
`
`(IPR2022-01045 and -01089) challenging the claims of related U.S. Patent No.
`
`9,269,208 (“’208 Patent”). Petitioners request that the schedule, discovery, and
`
`hearing of these three IPRs be combined. The claims in the two patents are
`
`similar, but unlike the claims in the ’208 Patent, the claims of the ’705 Patent do
`
`not include any “means for” terms. Petitioners therefore recommend that the
`
`Board review the instant petition first.
`
`II. MANDATORY NOTICES
`Real Party-in-Interest: The real parties-in-interest are related entities ASSA
`
`ABLOY AB and ASSA ABLOY Inc. and its wholly owned subsidiaries ASSA
`
`ABLOY Residential Group, Inc., August Home, Inc., HID Global
`
`Corporation, and ASSA ABLOY Global Solutions, Inc. ASSA ABLOY AB is
`
`the ultimate parent of all parties-in-interest. None of the entities below were
`
`involved in or offered any assistance to the Real-Parties-in-Interest for this IPR.
`
`Related Matters: Petitioners have filed a declaratory judgment action of non-
`
`infringement only against Patent Owner and Charter Pacific Corporation Ltd.
`
`1
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`regarding the ’705 Patent, the ’208 Patent, and U.S. Patent No. 8,620,039 in ASSA
`
`ABLOY AB, et al. v. CPC Patent Technologies Pty Ltd., et al., No. 3-22-cv-00694
`
`(D. Ct.).1 Both the ’705 Patent and the ’208 Patent were asserted against Apple,
`
`Inc. in CPC Patent Technologies Pty Ltd v. Apple Inc., No. 5:22-cv-02553-NC
`
`(N.D. Cal., San Jose Division), and against HMD Global in CPC Patent
`
`Technologies Pty Ltd v. HMD Global Oy, WDTX-6-21-cv-00166-ADA.2 Both of
`
`those suits were filed on February 23, 2021. To the best of Petitioners’ knowledge,
`
`the ’705 Patent has not been asserted against other parties.
`
`The ’705 Patent was challenged in IPR2022-00602, filed by Apple Inc. on
`
`February 23, 2022. The ’208 Patent was challenged in IPR2022-00601, also filed
`
`by Apple Inc., on February 23, 2022. Both IPRs are pending pre-institution.
`
`Lead Counsel: Dion Bregman (Reg. No. 45,645); Back-up Counsel: Andrew
`
`Devkar (Reg. No. 76,671) and James J. Kritsas (Reg. No. 71,714).
`
`Service: Service of any documents may be made on Morgan, Lewis &
`
`Bockius LLP, 1400 Page Mill Road, Palo Alto, CA, 94304 (Telephone:
`
`650.843.4000; Fax: 650.843.4001).
`
`Petitioners consent to e-mail service at: HID-IPRs@morganlewis.com
`
`1 See also EX-1020 and EX-1021.
`
`2 HID Global and HMD Global have no relation to one another.
`
`2
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`III.
`
`IDENTIFICATION OF CLAIMS AND GROUNDS
`ʼ705 Patent: This patent was filed on January 19, 2016, and has an earliest
`
`possible priority date of August 13, 2003. It is subject to the pre-AIA provisions of
`
`35 U.S.C. § 102.
`
`Bianco: U.S. Patent No. 6,256,737 titled “System, method and computer
`
`program product for allowing access to enterprise resources using biometric
`
`devices” to Peter Garrett Bianco, William Taylor Boon, Robert Brewster Sterling,
`
`and Karl Roger Ware (“Bianco,” EX-1003), was filed March 9, 1999 and granted
`
`July 3, 2001, and is prior art under §102(b).
`
`Mathiassen: WIPO Pub. No. 2002028067 titled “Method and system for
`
`inputting characters” to Camilla Mathiassen (“Mathiassen,” EX-1004), was filed
`
`September 20, 2001 and published April 4, 2002, and is prior art under §102(b).
`
`Houvener: U.S. Patent No. 5,790,674 titled “System, method and computer
`
`program product for allowing access to enterprise resources using biometric
`
`devices” to Robert C. Houvener and Ian P. Hoenisch (“Houvener,” EX-1013), was
`
`filed July 19, 1996 and granted August 4, 1998, and is prior art under §102(b).
`
`Richmond: U.S. Patent No. 6,856,237 titled “Method and apparatus for
`
`radio frequency security system with automatic learning” to Thomas R. Richmond,
`
`Suzanne Richmond, Patrick S. Kochie (“Richmond,” EX-1014), was filed June 26,
`
`2000 and granted February 15, 2005, and is prior art under §102(e).
`
`3
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`Petitioners request that the Board find each of the Challenged Claims invalid
`
`on the following grounds:
`
`Ground
`
`Prior Art
`
`Statutory Basis
`
`Claims
`
`1
`
`2
`
`3
`
`Bianco and Mathiassen
`
`Bianco, Mathiassen, and
`Houvener
`
`Bianco, Mathiassen, Houvener,
`and Richmond
`
`§103
`
`§103
`
`§103
`
`1, 3-5, and 9-17
`
`2 and 6-7
`
`8
`
`IV. CERTIFICATION AND FEES
`Petitioners certify that the ’705 Patent is available for IPR and that
`
`Petitioners are not barred or estopped from requesting this IPR on the grounds
`
`herein.
`
`Any additional fees for this IPR may be charged to Deposit Account No. 50-
`
`0310 (Order No. 117139-0008).
`
`V.
`
`BACKGROUND
`A.
`The ’705 Patent
`The ʼ705 Patent describes authenticating users using biometrics to gain
`
`“access to a controlled item,” such as a locked door or electronic computing
`
`device. EX-1001 Abstract; EX-1005 ¶¶31-37.
`
`4
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`The ’705 Patent discloses granting access to a controlled item (blue, in
`
`figure below) by reading a biometric (e.g., a fingerprint) using a “sensor” (red). A
`
`controller (pink) compares that input biometric (called a “biometric signature”)
`
`with a previously-captured reference signature stored in a database (yellow). The
`
`specification discloses that the database (yellow) can be in the transmission
`
`subsystem (green), receiver subsystem (purple), or neither, and may be in
`
`“memory.” If a match is found, the input biometric is associated with a user ID
`
`associated with the stored biometric and the user is authenticated. If not, as recited
`
`in dependent claims 3 and 5, the access attempt is denied and an “alert” may be
`
`sounded.
`
`5
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`EX-1001 Fig.10.3 The system may be allocated in two “subsystems,” a
`
`“transmitter sub-system” (green) and “receiver sub-system” (purple), connected
`
`through a communication network (orange). However, as confirmed by dependent
`
`claim 9, the “sub-systems” can be “collocated in” a single device, such as the
`
`“electronic computing device” containing the data/applications being protected, in
`
`3 Unless otherwise specified, all emphasis/coloring is added throughout.
`
`6
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`which case the “network 1020” is “a…link” connecting the subsystems “directly.”
`
`EX-1001 Cl. 9, 14:64-15:3. Claim 1 requires “populat[ing] the data base according
`
`to the instruction,” which is typically referred as user enrollment. Ex. 1001 Cl. 1;
`
`EX-1005 ¶32.
`
`There are two features that the Applicant considered novel:
`
` Providing “conditional access” such as by sounding a silent alarm but
`
`still granting access. E.g., EX-1001 2:42-45, 8:24-47.
`
` Using a series of entries of a biometric signal in a duration/number
`
`pattern (like Morse-code) to provide an instruction to update the
`
`database of biometric signatures (e.g.,
`
`fingerprints/eyeprints/voiceprints). EX-1002, 120-122.
`
`After rejections, Applicant cancelled all claims and added new claims 21-37,
`
`additionally reciting “wherein the transmitter sub-system controller is further
`
`configured to: receive a series of entries of the biometric signal, said series being
`
`characterized [sic] according to at least one of the number of said entries and a
`
`duration of each said entry; map said series into an instruction; and populate
`
`the data base according to the instruction, wherein the controlled item is one
`
`of: a locking mechanism of a physical access structure or an electronic lock on
`
`an electronic computing device” in new independent claim 21.
`
`These amended claims were then allowed because “[n]one of the prior arts…
`
`7
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`anticipates or makes obvious” the limitations in the prior paragraph. Id., 154-156.
`
`B.
`
`The Prior Art
`1.
`Bianco
`The Examiner was not aware of Bianco (EX-1003) during prosecution. Like
`
`the ’705 Patent, Bianco discloses an access control system that uses biometrics.
`
`EX-1003 Abstract; EX-1005 ¶38.
`
`Regarding the purportedly novel aspects of the ’705 Patent, Bianco discloses
`
`“conditional access,” such that even if a user is authenticated an alert may be raised
`
`(e.g., a user under duress provides a different fingerprint to send a covert indication
`
`of a robbery while a silent alarm is sounded). EX-1005 ¶¶39-41.
`
`2. Mathiassen
`The Examiner was not aware of Mathiassen (EX-1004) during prosecution.
`
`Mathiassen teaches using a single biometric (fingerprint) sensor for the dual
`
`purposes of: (i) reading fingerprints for access control, and (ii) for issuing
`
`instructions through a series of finger “taps” of varying durations. EX-1004
`
`Abstract; EX-1005 ¶42.
`
`Houvener
`3.
`The Examiner was not aware of Houvener (EX-1013) during prosecution.
`
`Houvener teaches the well-known concept of logging and creating audit trails of
`
`biometric transactions (claim 2). It also teaches a control panel (claims 6-7). EX-
`
`8
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`1005 ¶43.
`
`Richmond
`4.
`The Examiner was not aware of Richmond (EX-1014) during prosecution.
`
`Richmond teaches a method for converting rolling code transmissions into the
`
`protocol for legacy Wiegand controllers, as required by dependent claim 8. EX-
`
`1005 ¶44.
`
`VI. LEVEL OF SKILL
`A person having ordinary skill in the art (“POSITA”) at the time of the
`
`alleged invention would have had at least an undergraduate degree in electrical
`
`engineering, or equivalent education, and at least two years of work experience in
`
`the field of security and access-control. EX-1005 ¶30.
`
`VII. CLAIM CONSTRUCTION
`A.
`Terms to be Construed
`Petitioners propose the following terms for construction:
`
`1.
`
`“signal for directing input” / “feedback signal
`adapted to direct provision of…the biometric signal”
`Dependent claim 2 claims a “signal for directing input.” Dependent claim
`
`13 similarly recites a “signal adapted to direct provision of…the biometric signal.”
`
`Neither term appears in the specification outside of the claims. As its name
`
`9
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`implies, this “signal” is a communication sent from the system to the user to
`
`“direct” the user to provide his/her biometrics, i.e., his/her “input.” EX-1005 ¶46.
`
`The patent teaches “code entry module 103 also incorporates at least one
`
`mechanism for providing feedback to the user 101.” EX-1001 6:24-25. As
`
`shown below, the patent explains this can “take the form or [sic-of]…visual
`
`feedback, depicted by an arrow 123 [purple]…or…an audio signal [red]”:
`
`Id. Fig.2 (excerpted/annotated), 6:25-31. These “feedback signalling [sic]
`
`mechanisms…are used…to direct the administration process.” Id. 11:15-20.
`
`10
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`Thus, “signal for directing input” and “feedback signal adapted to direct
`
`provision of…the biometric signal” should be construed as “a communication sent
`
`from the system to the user to direct the user to provide his/her biometrics.” EX-
`
`1005 ¶¶47-48.
`
`Previously-Construed Terms
`B.
`Judge Albright (WDTX) construed the following terms, which Petitioners do
`
`not necessarily agree with, and in any event are not material to the unpatentability
`
`of the challenged claims, so need not be construed.
`
`Term
`
`Construction
`
`“accessibility attribute”
`
`“biometric signature”
`
`“[map|mapping] said series into an
`instruction”
`
`“series”
`“being characterized [according
`to|determining|determine]”
`
`“at least one of the number of said
`entries and a duration of each said
`entry”
`
`“attribute that establishes whether and
`under which conditions access to the
`controlled item should be granted to a
`user.” EX-1010, p1; EX-1009, p2.
`
`“plain and ordinary meaning.” EX-
`1009, p2; EX-1010, p1.
`
`The term “‘at least’ modifies ‘one of
`the number of said entries.’ The claim
`additionally requires ‘a duration of
`each said entry.’” EX-1009, p2
`(emphasis added).
`
`“collocated”
`
`“plain and ordinary meaning (which is
`
`11
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`not ‘occurring in conjunction with’).”
`EX-1009, p3.
`
`VIII. ARGUMENT
`A.
`GROUND #1: Claims 1, 3-5, and 9-17 are rendered obvious by
`Bianco and Mathiassen.
`1.
`Claim 14
`
`Preamble [P]
`
`If the preamble is limiting, Bianco discloses “a system for providing secure
`
`access to a controlled item.” EX-1005 ¶¶68-72. Bianco is titled “[s]ystem,
`
`method and computer program product for allowing access to enterprise
`
`resources using biometric devices.” EX-1003 Title; see id. 1:8-12.
`
`That the “access” is only permitted after a biometrics match confirms that
`
`the access is “secure.” EX-1005 ¶¶68-69.
`
`As explained for limitation 1(E), a “controlled item” as described in the ’705
`
`Patent includes at least (1) physical resources, such as door locks, or (2) electronic
`
`resources such as applications, data, or computer access. See EX-1001 6:17-20,
`
`16:21-23. Both are disclosed by Bianco. EX-1005 ¶¶70-72. For example,
`
`Bianco’s system “can be attached to the entry of each physical location…that
`
`4 A full claim listing can be found in the Appendix.
`
`12
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`authentication is required for entry” and Bianco’s “[e]nterprise resources include
`
`computers, applications and data.” EX-1003 1:15-16, 57:32-34.
`
`Limitation [A]
`
`The claim requires “a memory comprising a database of biometric
`
`signatures,” which is disclosed by Bianco. EX-1005 ¶¶73-90.5
`
`Bianco teaches that “data stored in biometric server 104 can be
`
`configured…through the use of a database.” EX-1003 16:40-42. “The…data
`
`include[s] biometric templates.” Id. 2:58-60. A POSITA at the time would have
`
`known that biometric templates are stored biometric signatures. EX-1005 ¶¶74-75.
`
`This is illustrated in Figure 5:
`
`5 For brevity, citations to the expert declaration often appear at the end of each
`
`paragraph and apply to the full paragraph in which they are cited.
`
`13
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`EX-1003 Fig.5. A POSITA would have understood that biometric templates 502
`
`are stored on biometric server 104, which can be configured as a database. EX-
`
`1005 ¶¶76-77.
`
`Bianco teaches that a “biometric template is…stored in the biometric server
`
`each time a user enrolls in a different biometric device. Biometric
`
`devices...identify a user based on…biometric measurements…includ[ing]…finger
`
`and hand geometry, retina and facial images…voice, typing stroke[,] and
`
`signature.” EX-1003 2:64-3:6. Claim 1 does not require any particular type of
`
`biometric signature. Cf. EX-1003 Cl. 4 (requiring certain types). Bianco
`
`illustrates this in steps 620-622 of flowchart 6:
`
`14
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`EX-1003 Fig.6; see id. 19:32-42 (“[A] biometric template 502 is created…by
`
`enrolling the user…in step 620…. [I]n step 622, each…ID 512 [and] biometric
`
`template 502…is stored in biometric server 104. The steps…can be performed in a
`
`variety of orders.”). Bianco confirms “that data in biometric server 104 can be
`
`configured [using]…a database.” Id. 16:45-46. Bianco does not require any
`
`specific type of database, and details numerous database options. EX-1003 16:35-
`
`17:36; EX-1005 ¶¶84-88. Further, Bianco confirms that “data stored in biometric
`
`15
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`server 104…are stored in…memory 308.” Id. 14:36-38; EX-1005 ¶¶78-89.
`
`Therefore, Bianco discloses “a memory [e.g., memory 308] comprising a
`
`database [e.g., database on biometric server 104] of biometric signatures [e.g.,
`
`biometric templates 502].” EX-1005 ¶¶73-90.
`
`Limitation [B(P)]
`
`The claim requires “a transmitter sub-system [comprising].” This is
`
`disclosed by Bianco. EX-1005 ¶¶91-104.
`
`The “transmitter sub-system” is a portion of the overall system that
`
`determines whether access to a controlled item is granted and transmits the access
`
`signal. As addressed in its following three sub-limitations (B)(1-3), the
`
`“transmitter sub-system” comprises (1) “a biometric sensor”; (2)
`
`“a…controller…to match the biometric signal” measured “against
`
`[stored]…signatures”; and (3) “a transmitter…to emit a…signal” indicating
`
`whether access was granted. EX-1001 Cl. 1; EX-1005 ¶92.
`
`Both the ’705 Patent and Bianco make clear that their respective transmitter
`
`and receiver sub-systems can be collocated in a single system or broken into
`
`separate distributed components. Dependent claim 9 of the ’705 Patent recites:
`
`“the transmitter sub-system and the receiver sub-system [are] collocated in
`
`the…computing device,” confirming that claim 1 (from which claim 9 depends)
`
`16
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`also covers this configuration. EX-1001 Cl. 9. Similarly, Bianco teaches that
`
`“[o]bviously, more than one of these functional components could be implemented
`
`on a single computer 302.” EX-1003 14:29-31; EX-1005 ¶93.
`
`Conversely, both references teach that their respective systems can be split
`
`into separate physical devices, e.g., with wireless/radio links between the
`
`transmission and receiver subsystems. Dependent claim 6 of the ’705 Patent
`
`recites that “the transmitter is…configured to transmit information…using a secure
`
`wireless signal.” EX-1001 Cl. 6. Similarly, Bianco teaches that “various
`
`functional components of [its] biometric system 102 can be physically located at
`
`one or more [different] locations,” and can be connected “by…radio waves.” EX-
`
`1003 11:61-63, 52:23-26; see also 11:63-65 (providing examples); EX-1005 ¶94.
`
`In one embodiment, Bianco’s transmission sub-system is contained in a
`
`computer, just like the electronic lock embodiment in the ’705 Patent.6 The
`
`biometric sensor is an input device (green). EX-1003 12:16-18 (“[U]ser computer
`
`208…has…biometric devices attached to it.”).
`
`6 This is explained for limitation 1(E), which recites “an electronic lock.”
`
`17
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`EX-1003 Fig.3.7 Processor 304 is the claimed “controller,” and processor 304
`
`transmitting over bus 306 is the transmitter. Just like the ’705 Patent, the
`
`processor/controller may also be the transmitter. Cf. EX-1001 Fig.2; EX-1005 ¶95.
`
`Bianco discloses a transmitter subsystem that transmits information/data
`
`(whether internally within a device, or externally to a remote receiver subsystem).
`
`At least some of the components of an embodiment of Bianco’s transmitter
`
`subsystem are shown below in red:
`
`7 Computer 208 (Figure 2) is called “computer 302” in Figure 3. EX-1005 ¶95.
`
`18
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`EX-1003 Fig.2; EX-1005 ¶96.
`
`In another example of the transmitter subsystem, Bianco’s “system 202
`
`includes…one or more user computers…[and]…one or more remote/web
`
`computers” (yellow), as well as secondary server(s) (blue) and enrollment stations
`
`(green). EX-1003 11:66-12:5, 52:30-38, 10:36-43. Like the ’705 Patent, Bianco
`
`teaches that its link(s) 114 may be “LANs, WANs, the Internet…or any
`
`combination” thereof. Id. 11:2-8; EX-1005 ¶¶97-101.
`
`Additionally, Bianco teaches “communication” between its subsystems’
`
`components and confirms that “each computer in the network
`
`[can]…communicat[e] with any other computer in the network.” EX-1003 Figures
`
`19
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`4A-4I and 7; 3:63-67, 22:34-49; 15:57-16:19. Communication between Bianco’s
`
`subsystems/components necessarily requires both transmission and reception. EX-
`
`1005 ¶¶102-103.
`
`Limitation [B(1)]
`
`The claim requires “a biometric sensor configured to receive a biometric
`
`signal,” which is disclosed by Bianco. EX-1005 ¶¶105-108.
`
`The ’705 Patent does not define a “biometric sensor” other than to provide a
`
`single example: “[F]or example, if the biometric sensor…is a fingerprint
`
`sensor…the [biometric] request…typically takes the form of a thumb press on a
`
`sensor panel (not shown) on the…module.” EX-1001 5:60-63. Similarly, Bianco
`
`describes “[b]iometric devices” that “identify a user based on compared
`
`measurements of unique personal characteristics” called “biometric
`
`measurements.” EX-1003 12:51-61. A “biometric device” measuring/reading
`
`biometric characteristics is a biometric sensor. EX-1005 ¶106. Bianco discloses
`
`the same examples of a biometric device/sensor as the ’705 Patent, e.g.,
`
`fingerprint, eye-scan, and voiceprint devices. EX-1005 ¶106; see EX-1003 3:2-6;
`
`cf. EX-1001 1:30-32. Bianco even includes the same example of “a typical
`
`fingerprint device” that senses by touching “the user’s left index finger” on the
`
`device. EX-1003 8:26, 34:61-65.
`
`20
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`The “biometric signal” is the measurement of a biometric attribute, such as a
`
`fingerprint or voiceprint. EX-1005 ¶107. Bianco confirms that its “biometric
`
`devices” receive biometric signals. For example, as illustrated in Fig.11 below (in
`
`red), Bianco’s “fingerprint device measures the geometry of a fingerprint” and “a
`
`number of characteristics or measurements are identified.” EX-1003 8:26-30.
`
`EX-1003 Fig.11; id. 26:15-17 (“In step 1106, biometric device object 1006 causes
`
`a biometric device to read the…biometric data.”). This is elaborated upon in
`
`21
`
`

`

`Figure 9:
`
`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`EX-1003 Fig.9. As confirmed by “YES” (circled red), Bianco receives the
`
`biometric signal that is read. EX-1005 ¶107.
`
`Therefore, Bianco discloses “a biometric sensor [e.g., Bianco’s biometric
`
`device, e.g., Bianco’s fingerprint device] configured to receive [e.g., Bianco’s
`
`reading] a biometric signal [e.g., Bianco’s biometric data, characteristics, or
`
`measurements, e.g., a fingerprint].” EX-1005 ¶¶105-108.
`
`22
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`Limitation [B(2)]
`
`The claim requires “a transmitter sub-system controller configured to
`
`match the biometric signal against members of the database of biometric
`
`signatures to thereby output an accessibility attribute,” which is disclosed by
`
`Bianco.8 EX-1005 ¶¶109-119.
`
`As discussed in §VII.B, “accessibility attribute” was construed by a district
`
`court to mean an “attribute that establishes whether and under which conditions
`
`access to the controlled item should be granted to a user.” EX-1010, p1; EX-
`
`1009, p2. The ’705 Patent provides (and claims) three examples in claim 3: “the
`
`accessibility attribute comprises…an access attribute…a duress
`
`attribute…and…and alert attribute.” EX-1001 Cl. 3. Bianco discloses
`
`determining both “whether” and “under which conditions” a user is granted access
`
`to its controlled item, and specifically discloses each of the claimed examples of
`
`8 If this term is interpreted under §112¶6, the function is the text after
`
`“configured,” and the structure is “Controller/Transmitter 107” with an algorithm
`
`including numerals 201-203 in Figure 3, and equivalents thereof. Bianco similarly
`
`discloses a controller for matching a biometric input to a biometric
`
`signature/template in a database and outputting an attribute/characteristic about
`
`access, as described herein. EX-1003 Figs. 9 and 11; 8:25-63; 14:53-61; 26:8-47.
`
`23
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`accessibility attributes. EX-1005 ¶¶110-111.
`
`Bianco teaches that “[w]hen the user wants to gain access to a resource that
`
`is protected by the biometric device, the user is prompted for live biometric data.
`
`The live biometric data is matched with the stored biometric data.” EX-1003
`
`8:14-17. As illustrated in Fig.11 below (purple/green), “[i]f the output from the
`
`‘live’ process matches the stored biometric data within a certain predetermined
`
`tolerance, the user is considered to be authenticated”:
`
`EX-1003 Fig.11, 8:36-40, 8:61-63; see id. 26:31-37 (“In step 1112, an attempt is
`
`24
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`made to match the ‘live’ biometric data with biometric data stored in a
`
`biometric template.… In step 1114, if a match was successful…the user ID
`
`510…that belongs to the matching biometric template…is determined.”). A
`
`POSITA would have known that the signal to “proceed” (blue) after determining
`
`that “yes,” “a match [was] successful,” included an “accessibility attribute” in the
`
`signal. EX-1005 ¶112.
`
`As shown in Fig.9, when the “user passes” the check (blue), Bianco’s
`
`accessibility attribute is an access (i.e., success/pass) attribute. EX-1005 ¶113.
`
`25
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`EX-1003 Fig.9; EX-1005 ¶113.
`
`The ’705 Patent’s “accessibility attribute” may include a successful,
`
`unsuccessful, or “duress” authentication. EX-1001 8:26-38; §VII.B; EX-1005
`
`¶114; see EX-1001 Cls. 3, 5 (requiring that “accessibility attribute” be one of “an
`
`access attribute,” “an alert [denial] attribute,” or “a duress attribute,” thus
`
`confirming that any of these are encompassed by claim 1’s “accessibility
`
`26
`
`

`

`Case No. IPR2022-01006
`Patent No. 9,665,705
`
`attribute”).
`
`For “access attribute,” Bianco teaches that an “authenticated” user whose
`
`biometrics match may “gain[] access to which ever resource the fingerprint device
`
`is protecting.” EX-1003 8:34-40, 49:60-62; EX-1005 ¶115. Bianco summarizes
`
`the concept by reciting “determining whether the user is authenticated by
`
`executing said biometric policy; and…allowing the user access to the enterprise
`
`resources if the user passes said biometric policy, otherwise denying access to
`
`the user to the enterprise resources.” EX-1003 Cl. 49; see also EX-1001 8:28-35
`
`(“the accessibility attribute may comprise…an alert attribute (sounding a chime
`
`indicating that an unauth