`
`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. IPR2022-01089
`
`Patent No. 9,269,208
`
`_____________________________________________________________
`
`
`PETITION FOR INTER PARTES REVIEW OF
`
`U.S. PATENT NO. 9,269,208 (CLAIMS 10-13)
`
`
`
`
`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 ............................................................................................ 5
`A.
`The ’208 Patent .................................................................................... 5
`B.
`The Prior Art ........................................................................................ 7
`1.
`Bianco ........................................................................................ 7
`2. Mathiassen ................................................................................ 7
`VI. LEVEL OF SKILL ......................................................................................... 8
`VII. CLAIM CONSTRUCTION ........................................................................... 8
`A.
`Terms to be Construed ......................................................................... 8
`1.
`“feedback signal adapted to direct provision of… the
`biometric signal” ........................................................................ 8
`B. Means-Plus-Function Limitations ........................................................ 9
`C. Other Previously-Construed Terms .................................................... 10
`VIII. ARGUMENT ................................................................................................ 11
`A. GROUND #1: Claims 10-13 are rendered obvious by Bianco
`and Mathiassen. .................................................................................. 11
`1.
`Claim 10 .................................................................................. 11
`2.
`Claim 11 .................................................................................. 73
`3.
`Claim 12 .................................................................................. 77
`4.
`Claim 13 .................................................................................. 79
`IX. CONCLUSION ............................................................................................. 80
`
`
`
`i
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`

`

`
`
`
`
`
`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.
`9,269,208
`
`EX-1006
`
`Curriculum Vitae of Stuart Lipoff
`
`EX-1007
`
`U.S. Patent No. 9,269,208 to Burke (“Burke I”)
`
`EX-1008
`
`EX-1009
`
`EX-1010
`
`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.
`
`Claim Construction Order in CPC Patent Technologies Pty Ltd
`v. Apple Inc., WDTX-6-21-cv-00165-ADA, Dkt. No. 76
`(“Apple CC Order”)
`
`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”)
`
`ii
`
`

`

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

`

`INTRODUCTION
`Petitioners request Inter Partes Review (“IPR”) of claims 10-13 (the
`
`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`
`I.
`
`“Challenged Claims”) of U.S. Patent No. 9,269,208 (“ʼ208 Patent,” EX-1007),
`
`purportedly owned by CPC Patent Technologies Pty Ltd. (“Patent Owner”).
`
`This petition in IPR2022-01089 is being filed concurrently with IPR2022-
`
`01045, together challenging all claims of the ’208 Patent. These two petitions
`
`(IPR2022-01045/01089) are being filed shortly after a petition in IPR2022-01006,
`
`which challenges the claims of the related continuation patent, U.S. 9,665,705
`
`(“the ’705 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 ’705 Patent, the claims in the ’208 Patent include numerous
`
`“means for” terms. Petitioners, therefore, recommend that the Board review
`
`IPR2022-01006 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 mentioned in the
`
`Related Matters section below were involved in or offered any assistance to the
`
`
`
`1
`
`

`

`Real-Parties-in-Interest for this IPR.
`
`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`
`Related Matters: The ʼ208 Patent has not been asserted against Petitioners in
`
`litigation. Petitioners have filed a declaratory judgment action against Patent
`
`Owner and Charter Pacific Corporation Ltd. regarding non-infringement of the
`
`’208 Patent, the ’705 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 ’208 Patent and ’705 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) (“Case One”), and against HMD Global in CPC Patent Technologies Pty
`
`Ltd v. HMD Global Oy, WDTX-6-21-cv-00166-ADA (“Case Two”).2 Both of
`
`those suits were filed on February 23, 2021. Petitioners understand that Patent
`
`Owner dropped its assertions of the ’208 Patent against both Apple and HMD
`
`Global while In re Apple was pending before the Federal Circuit, but did so
`
`without prejudice. To the best of Petitioners’ knowledge, the ’208 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
`
`
`1 See also EX-1020 and EX-1021.
`
` 2
`
` HID Global and HMD Global have no relation to one another.
`
`
`
`2
`
`

`

`by Apple Inc., on February 23, 2022. Both IPRs are pending pre-institution.
`
`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`
`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
`
`
`
`III.
`
`IDENTIFICATION OF CLAIMS AND GROUNDS
`ʼ208 Patent: This patent was filed on August 10, 2012, 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, et al. (“Bianco,” EX-1003), filed March 9, 1999
`
`and granted July 3, 2001, is prior art under §102(b).
`
`Mathiassen: WIPO Pub. No. 2002028067 titled “Method and system for
`
`inputting characters” to Camilla Mathiassen (“Mathiassen,” EX-1004), filed
`
`September 20, 2001 and published April 4, 2002, is prior art under §102(b).
`
`
`
`
`
`3
`
`

`

`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`Petitioners request that the Board find each of the Challenged Claims invalid
`
`
`
`on the following grounds:
`
`Ground
`1
`
`
`
`Prior Art
`Bianco and Mathiassen
`
`Statutory Basis
`§103
`
`Claims
`10-13
`
`IV. CERTIFICATION AND FEES
`Petitioners certify that the ’208 Patent is available for IPR and that
`
`Petitioners are not barred or estopped from requesting this IPR on the grounds
`
`identified herein.
`
`Any additional fees for this IPR may be charged to Deposit Account No. 50-
`
`0310 (Order No. 117139-0008).
`
`
`
`
`
`4
`
`

`

`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`
`V. BACKGROUND
`A. The ’208 Patent
`The ʼ208 Patent describes authenticating users using biometrics to gain
`
`“access to a controlled item,” such as a locked door or electronic computing
`
`device. EX-1007 Abstract.
`
`Figure 10 of the ʼ208
`
`Patent is reproduced to the
`
`right. EX-1007 Fig.10.3 The
`
`patent discloses granting
`
`access to a controlled item
`
`(blue) 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
`
`
`3 Unless otherwise specified, all emphasis/coloring is added throughout.
`
`
`
`5
`
`

`

`a database (yellow). The specification discloses that the database (yellow) can be
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`Case No. IPR2022-01089
`Patent No. 9,269,208
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`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.
`
`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, the “sub-systems” can be “collocated
`
`in” a single device, such as the “electronic computing device” containing the
`
`data/applications being protected, in which case the “network 1020” is “a…link”
`
`connecting the subsystems “directly.” EX-1007 14:50-54. Claim 1 requires
`
`“populating the data base according to the instruction,” which is typically referred
`
`as user enrollment. Ex. 1007 Cl. 1; EX-1005 ¶28.
`
`There are two features that the Applicant considered novel:
`
`1.
`
`Providing “conditional access,” such as by sounding a silent alarm but still
`
`granting access. E.g., EX-1007 2:42-43, 8:15-37.
`
`2. 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-1012, pp.
`
`
`
`6
`
`

`

`300-305.
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`Case No. IPR2022-01089
`Patent No. 9,269,208
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`Additionally, after a call with the Examiner, the claims were allowed with
`
`the additional requirement that the lock be limited to either locks on physical
`
`locations (such as door lock) or locks on computer resources (e.g., applications or
`
`data). EX-1012 pp. 317-318. Accordingly, limiting the claims to physical or
`
`electronic locks appears to be what the Examiner determined was novel. EX-1005
`
`¶31.
`
`B.
`
`The Prior Art
`Bianco
`1.
`The Examiner was not aware of Bianco (EX-1003) during prosecution. Like
`
`the ’208 Patent, Bianco discloses an access control system that uses biometrics.
`
`EX-1003 Abstract; EX-1005 ¶33.
`
`Regarding the purportedly novel aspects of the ’208 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 ¶¶34-36.
`
`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
`
`
`
`7
`
`

`

`instructions through a series of finger “taps” of varying durations. EX-1004
`
`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`
`Abstract; EX-1005 ¶37.
`
`
`
`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 ¶26.
`
`
`
`VII. CLAIM CONSTRUCTION
`A. Terms to be Construed
`Petitioners propose the following terms for construction:
`
`1.
`
`“feedback signal adapted to direct provision of… the
`biometric signal”
`Dependent claim 12 recites a “feedback signal adapted to direct provision
`
`of… the biometric signal.” This phrase is absent from the specification. As its
`
`name implies, this “signal” is a communication sent from the system “directing”
`
`the user to provide his/her biometric “input.” EX-1005 ¶41.
`
`
`
`8
`
`

`

`The patent teaches that the “entry module 103 also incorporates at least one
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`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`
`mechanism for providing
`
`feedback to the user 101.”
`
`EX-1007 6:20-21. The patent
`
`explains this can “take the
`
`form or [sic-of]…visual
`
`feedback, depicted by an arrow
`
`123 [purple]…or…an audio
`
`signal [red],” as shown to the
`
`right.
`
`
`
`Id. Fig.2 (excerpted/annotated), 6:22-26. These “feedback signalling [sic]
`
`mechanisms…are used…to direct the administration process.” Id. 11:3-8.
`
`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 direct the user to provide his/her biometric input.” EX-1005
`
`¶¶41-43.
`
`B. Means-Plus-Function Limitations
`Judge Albright (WDTX) construed seven means-plus-function limitations
`
`from the challenged claims, which Petitioners propose here. Petitioners also
`
`
`
`9
`
`

`

`propose constructions for the remaining means-plus-function limitations which
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`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`
`Judge Albright did not construe due to his procedural limitations. These means-
`
`plus-function constructions appear in their respective Argument sections below.
`
`C. Other Previously-Construed Terms
`Judge Albright also construed the following terms, which are not material to
`
`the unpatentability of the challenged claims, so need not be construed (and which
`
`Petitioners do not necessarily agree with).
`
`
`
`Term
`
`“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”
`
`Construction
`“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).
`
`
`
`
`
`10
`
`

`

`Case No. IPR2022-01089
`Patent No. 9,269,208
`
`
`VIII. ARGUMENT
`A. GROUND #1: Claims 10-13 are rendered obvious by Bianco and
`Mathiassen.
`1.
`Claim 10 recites:
`
`Claim 104
`
`A method for providing secure access to a controlled item in a system
`comprising a database of biometric signatures, a transmitter sub-system
`comprising a biometric sensor for receiving a biometric signal, and means
`for emitting a secure access signal capable of granting more than two types
`of access to the controlled item, and a receiver sub-system comprising
`means for receiving the transmitted secure access signal, and means for
`providing conditional access to the controlled item dependent upon
`information in said secure access signal, the method comprising the steps of:
`populating the database of biometric signatures by:
`receiving a series of entries of the biometric signal;
`determining at least one of the number of said entries and a
`duration of each said entry;
`mapping said series into an instruction; and
`populating the database according to the instruction;
`receiving a biometric signal;
`matching the biometric signal against members of the database of
`biometric signatures to thereby output an accessibility attribute;
`emitting a secure access signal conveying information dependent
`
`
`4 A full claim listing can be found in the Appendix.
`
`
`
`11
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`

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`Case No. IPR2022-01089
`Patent No. 9,269,208
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`
`upon said accessibility attribute; and
`providing conditional access to the controlled item dependent upon
`said information,
`wherein the controlled item is one of: a locking mechanism of a
`physical access structure or an electronic lock on an electronic
`computing device.
`
`
`
`This claim has a large preamble comprising multiple limitations. They are
`
`addressed in turn.
`
`
`
`Preamble 10(P)(P)
`
`Bianco discloses a “method for providing secure access to a controlled item
`
`in a system comprising.” EX-1005 ¶264.5 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
`
`¶¶264-265.
`
`As explained for limitation 10(F), a “controlled item” as described in the
`
`
`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.
`
`
`
`12
`
`

`

`’208 Patent includes at least (1) physical resources, such as door locks, or (2)
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`Case No. IPR2022-01089
`Patent No. 9,269,208
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`electronic resources such as applications, data, or computer access. See EX-1007
`
`6:13-16, 16:1-3. Both are disclosed by Bianco. EX-1005 ¶266. For example,
`
`Bianco’s system “can be attached to the entry of each physical location…that
`
`authentication is required for entry” and Bianco’s “[e]nterprise resources include
`
`computers, applications and data.” EX-1003 1:15-16, 57:32-34; EX-1005
`
`¶¶264-268.
`
`
`
`Preamble 10(P)(A)
`
`The claim requires “a database of biometric signatures,” which is
`
`disclosed by Bianco. EX-1005 ¶269.
`
`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 would have known that
`
`biometric templates are stored biometric signatures. EX-1005 ¶¶270-271.
`
`
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`13
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`Case No. IPR2022-01089
`Patent No. 9,269,208
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`This is illustrated in Figure 5
`
`(on the right). 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 ¶272.
`
`
`
`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:
`
`
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`14
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`

`Case No. IPR2022-01089
`Patent No. 9,269,208
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`
`
`EX-1003 Fig.6; see id. 19:32-40 (“[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 ¶¶274-285.
`
`
`
`15
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`

`

`Therefore, Bianco discloses “a database [e.g., database on biometric server
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`104] of biometric signatures [e.g., biometric templates 502].” EX-1005 ¶¶269-286.
`
`Preamble 10(P)(B)(P)
`
`The claim requires “a transmitter sub-system comprising.” This is
`
`disclosed by Bianco. EX-1005 ¶287.
`
`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 sub-limitations 10(P)(B)(1-2), the
`
`“transmitter sub-system” comprises (1) “a biometric sensor”; and (2) “means for
`
`emitting a secure access signal capable of granting more than two types of access
`
`to the controlled item.” EX-1007 Cl. 10; EX-1005 ¶288.
`
`Both the ’208 Patent and Bianco make clear that their respective transmitter
`
`and receiver sub-systems can be collocated in a single system or reside in separate
`
`distributed components. EX-1007 e.g., 14:45-54; 7:9-20. Claim 1 of the ’208
`
`Patent reads on either configuration. Notably, the ’705 Patent, a continuation of
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`the ’208 Patent sharing a common specification, confirms that the collocated
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`configuration is contemplated by limiting its dependent claim 9 to that
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`configuration: “the transmitter sub-system and the receiver sub-system [are]
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`collocated in the…computing device”. EX-1001 Cl. 9. Similarly, Bianco teaches
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`that “[o]bviously, more than one of these functional components could be
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`implemented on a single computer 302.” EX-1003 14:29-31; EX-1005 ¶289.
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`Both references also teach that their respective systems can be split into
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`separate physical devices, e.g., with wireless/radio links between the transmission
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`and receiver subsystems. Dependent claim 6 of the ’208 Patent recites “a
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`transmitter for transmitting information…using a secure wireless signal.” EX-
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`1007 Cl. 6. Similarly, Bianco teaches that “various functional components of [its]
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`biometric system 102 can be physically located at one or more [different]
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`locations,” and can be connected “by…radio waves.” EX-1003 11:61-63, 52:23-
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`26; see also 11:63-65 (providing examples). EX-1005 ¶290.
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`In one embodiment, Bianco’s transmission sub-system is contained in a
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`computer, just like the electronic lock embodiment in the ’208 Patent.6 The
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`biometric sensor is one of the input devices (green). EX-1003 12:16-17 (“[U]ser
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`computer 208 [3027]…has…biometric devices attached to it.”).
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`6 This is explained for limitation 10(F), which recites “an electronic lock.”
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`7 Computer 208 (Figure 2) is called “computer 302” in Figure 3. EX-1005 ¶291.
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`EX-1003 Fig.3. Processor 304 is the claimed “controller,” and processor 304
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`transmitting over bus 306 is the “transmitter.” Just like the ’208 Patent, the
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`processor/controller may also be the transmitter. Cf. EX-1007 Fig.2; an electronic
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`lock; EX-1005 ¶291.
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`Bianco discloses a transmitter subsystem that transmits information/data
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`(whether internally within a device, or externally to a remote receiver subsystem).
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`Some of the components of an embodiment of Bianco’s transmitter subsystem are
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`shown in red below:
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`EX-1003 Fig.2; EX-1005 ¶292.
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`In another example of the transmitter subsystem, Bianco’s “system 202
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`includes…one or more user computers…[and]…one or more remote/web
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`computers” (yellow), as well as secondary server(s) (blue) and enrollment stations
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`(green). Id. 52:30-38, 10:36-43. Like the ’208 Patent, Bianco teaches that its
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`link(s) 114 may be “LANs, WANs, the Internet…or any combination” thereof. Id.
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`11:2-8; EX-1005 ¶¶293-297.
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`Additionally, Bianco teaches “communication” between its subsystems’
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`components and confirms that “each computer in the network
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`[can]…communicat[e] with any other computer in the network.” EX-1003 Figures
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`4A-4I and 7; 3:63-67, 22:34-49; 15:57-16:19. Communication between Bianco’s
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`subsystems/components necessarily requires both transmission and reception. EX-
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`1005 ¶298-300.
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`Preamble 10(P)(B)(1)
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`The claim requires “a biometric sensor for receiving a biometric signal,”
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`which is disclosed by Bianco. EX-1005 ¶301.
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`The ’208 Patent does not define a “biometric sensor” other than to provide a
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`single example: “[F]or example, if the biometric sensor…is a fingerprint
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`sensor…the [biometric] request…typically takes the form of a thumb press on a
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`sensor panel (not shown) on the…module.” EX-1007 5:56-59. Similarly, Bianco
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`describes “[b]iometric devices” that “identify a user based on compared
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`measurements of unique personal characteristics” called “biometric
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`measurements.” EX-1003 12:51-61. A “biometric device” measuring/reading
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`biometric characteristics is a biometric sensor. EX-1005 ¶302. Bianco discloses
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`the same examples of a biometric device/sensor as the ’208 Patent, e.g.,
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`fingerprint, eye-scan, and voiceprint devices. EX-1005 ¶302; see EX-1003 3:2-6;
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`cf. EX-1007 1:30-32. Bianco even includes the same example of “a typical
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`fingerprint device” that senses by touching “the user’s left index finger” on the
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`device. EX-1003 8:26, 34:61-65.
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`The “biometric signal” is the measurement of a biometric attribute, such as a
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`fingerprint or voiceprint. EX-1005 ¶303. Bianco confirms that its “biometric
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`devices” receive biometric signals. For example, as illustrated in Fig.11 below (in
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`red), Bianco’s “fingerprint device measures the geometry of a fingerprint” and “a
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`number of characteristics or measurements are identified.” EX-1003 8:26-30.
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`EX-1003 Fig.11; id. 26:15-17 (“In step 1106, biometric device object 1006 causes
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`a biometric device to read the…biometric data.”). This is elaborated upon in
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`Figure 9:
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`EX-1003 Fig.9. As confirmed by “YES” (circled red), Bianco receives the
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`biometric signal that is read. EX-1005 ¶303.
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`Therefore, Bianco discloses “a biometric sensor [e.g., Bianco’s biometric
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`device, e.g., Bianco’s fingerprint device] configured to receive [e.g., Bianco’s
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`reading] a biometric signal [e.g., Bianco’s biometric data, characteristics, or
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`measurements, e.g., a fingerprint].” EX-1005 ¶¶301-304.
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`Preamble 10(P)(B)(2)
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`The claim requires “means for emitting a secure access signal capable of
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`granting more than two types of access to the controlled item.”8,9 EX-1005
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`¶305.
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`This is a means-plus-function term. It has the function of “emitting a secure
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`access signal capable of granting more than two types of access to the controlled
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`item.” If the language “granting more than two types of access” is taken literally,
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`the claim may be indefinite because the specification does not disclose granting
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`8 It is unclear if the “secure access signal” is a “signal for secure access” or an
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`“access signal” transmitted securely. Bianco discloses both. EX-1005 ¶305. This
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`section focuses on the latter interpretation, which is likely the intended meaning. If
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`the former, then Bianco plainly discloses that all of its access signals provide
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`secure access. EX-1005 ¶305.
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`9 Although Judge Albright held that a similar means-plus-function term in claims 1
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`and 9 was “not indefinite,” he did not opine on this term. Petitioners reserve the
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`right to argue this term is indefinite in other forums. Indeed, the Court did not cite
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`to any structure for the “more than two types” limitation, and Petitioners are not
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`aware of any.
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`more than two types of access. In its infringement contentions, Patent Owner
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`appears to argue that the preamble may not be limiting and, if it is, only one access
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`type is required. EX-1020, p.74. To the extent that Patent Owner argues this claim
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`was intended to recite “two or more” or “more than one” (or only one, as Patent
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`Owner appears to incorrectly allege in its infringement contentions) access types,
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`the structure corresponding to the claimed means is a computer program product
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`having a computer readable medium having a computer program recorded
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`therein, with code for emitting a secure access signal capable of granting more
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`than two types of access to the controlled item provided at ’208 Patent, 4:8-13,
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`4:18-22, 4:40-45 & 4:50-54; 5:65-6:6; 6:28-55; 8:19-35; 14:16-20; Figure 2, item
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`107; Figure 3, item 205; and Figure 7, items 603-610 and the corresponding
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`description of Figure 7 items 603-610. See generally EX-1009, p3; EX-1010, p2;
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`EX-1005 ¶306.
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`Bianco discloses this construed limitation.
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`First, Bianco discloses the claimed function. As discussed above, Bianco
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`outputs an accessibility attribute indicating whether, and under which conditions
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`(such as providing “duress” access with an alarm), access to the controlled item
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`should be granted. Further, as discussed for limitation 10(P)(C)(2), Bianco
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`discloses conditioning access based upon whether the user is in a group authorized
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`to access the controlled item and/or is contemporaneously authorized by another
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`user. Accordingly, Bianco discloses four such “types of access,” which is “more
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`than two types.” Bianco necessarily transmits/emits this information to provide its
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`conditional access, and it transmits this information in a secure access signal (as
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`set forth in the paragraphs below).
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`Second, Bianco discloses the same or equivalent structure to that in the
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`’208 Patent. Starting with the secure access signal, the ’208 Patent discloses that
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`“the secure access signal comprises one of at least a rolling code, an encrypted
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`Bluetooth™ protocol, and a WiFi™ protocol.” EX-1007 Abstract. Thus,
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`“secure” is broader than, but includes, encryption. EX-1005 ¶¶308-314.
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`Bianco likewise discloses transmitting its signals over a network, and
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`discusses various types of networks including wireless networks that use the
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`“IEEE 802 family of protocols,” as is “commonly used in the networking
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`community.” EX-1003 1:44-47; 9:8-67; 11:1-12:44. A POSITA would have
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`known that IEEE 802.11 is a standard for Wi-Fi, and that to transmit and receive
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`Wi-Fi signals, a Wi-Fi transmitter and receiver (or transceiver) is necessarily
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`required. According to the ’208 Patent, Wi-Fi constitutes a “secure” protocol.
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`Thus, Bianco’s use of Wi-Fi discloses this limitation. EX-1005 ¶315. Further,
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`Bianco “uses encryption to protect data within biometric system 102,” and “[a]ll
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`data…must be secure.” EX-1003 50:45-47; EX-1003 51:2-4; see also id. 51:13-
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`16 (Bianco “transport