ASSA ABLOY AB, et al v
`CPC Patent Technologies
`Pty Ltd
`
`I P R 2 0 2 2 - 0 1 0 9 3
`
`I P R 2 0 2 2 - 0 1 0 9 4
`
`H E A R I N G : N O V E M B E R 9 , 2 0 2 3
`
`Patent Owner’s Slides – Not Evidence
`
`1
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`CPC EX. 2050 – Page 1
`ASSA ABLOY AB v. CPC Patent Technologies Pty Ltd.
`IPR2022-01093
`
`

`

`Petitioner’s Grounds 1 & 2
`
`Source: Petition at p. 3
`
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`Claim 1
`
`1. A method of enrolling in a biometric card pointer
`system, the method comprising the steps of
`receiving card information;
`receiving the biometric signature:
`
`defining, dependent upon the received
`card information, a memory location in a local
`memory external to the card;
`
`determining if the defined memory location
`is unoccupied;
`
`and
`
`storing, if the memory location is
`unoccupied, the biometric signature at the defined
`memory location.
`
`Source: Ex. 1001 (‘039 Patent) at Claim 1
`
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`Claim 2
`
`2. A method of obtaining verified access to a
`process, the method comprising the steps of:
`storing a biometric signature according to
`the enrolment method of claim 1;
`
`subsequently presenting card information
`and a biometric signature; and
`
`verifying the subsequently presented
`presentation of the card information and the
`biometric signature if the subsequently presented
`biometric signature matches the biometric
`signature at the memory location, in said local
`memory, defined by the subsequently presented
`card information.
`
`Source: Ex. 1001 (‘039 Patent) at Claim 2
`
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`Claim 3
`
`3. A method of securing a process at a verification station, the method comprising the steps of:
`
`(a) providing card information from a card device to a card reader in the verification station;
`(b) inputting a biometric signature of a user of the card device to a biometric reader in the verification station;
`
`(c) determining if the provided card information has been previously provided to the verification station;
`
`(d) if the provided card information has not been previously provided to the verification station;
`
`(da) storing the inputted biometric signature in a memory at a memory location defined by the provided
`card information; and
`
`(db) performing the process dependent upon the received card information;
`
`(e) if the provided card information has been previously provided to the verification station;
`
`(ea) comparing the inputted biometric signature to the biometric signature stored in the memory at the
`memory location defined by the provided card information;
`
`(eb) if the inputted biometric signature matches the stored biometric signature, performing the process
`dependent upon the received card information; and
`
`(ec) if the inputted biometric signature does not match the stored biometric signature, not performing
`the process dependent upon the received card information.
`
`Source: Ex. 1001 (‘039 Patent) at Claim 3
`
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`Claim Construction
`
`“DEFINING, DEPENDENT UPON THE RECEIVED C ARD I NFORMATION, A
`MEMORY LOCATI ON I N A LOCAL MEMORY EXTERNAL TO THE C ARD”
`
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`Proposed Constructions of “Defining”
`Limitation
`
`Claim Term At Issue
`
`Petitioner’s Proposed
`Construction
`
`Board’s Institution Construction
`
`PO’s Proposed Construction
`
`Board’s Construction (Apple IPR)
`
`“Defining, dependent upon
`the received card
`information, a memory
`location in a local memory
`external to the card”
`
`First interpretation: a memory
`location is somehow determined
`from (or is dependent on) the card
`information (“First Construction”).
`Under this interpretation, the
`system can look up or otherwise
`determine a specific memory
`location from a user’s card
`information.
`
`“the user’s card information
`itself specifies the physical
`memory address (such as by
`acting as a pointer) for the user’s
`biometric signature.”
`
`Institution Decision (Paper 20) at
`38
`
`Second interpretation: a memory
`location is specified by the card
`information itself (“Second
`Construction”). Under this
`interpretation, the card
`information itself must specify the
`physical memory address where
`the user’s biometric signature is
`stored, without the need to look
`up the memory address in a
`database or other data structure.
`
`Petition at 11-12
`
`“Dependent upon” means
`“contingent upon or
`determined by.”
`
`“The system sets or establishes
`a memory location in a local
`memory external to the card,
`said location being contingent
`upon or determined by the
`received card information.”
`
`POR at 11-14
`
`“Overall, in terms of ‘defining’ and
`limitation [1c] as a whole, we
`understand that during an enrollment
`process, the claimed ‘biometric
`signature,’ e.g., a fingerprint, is not yet
`stored in the memory, and no
`memory location or address has been
`‘defined,’ as in ‘set’ or ‘established,’
`in the memory for storing the
`fingerprint, until card information is
`received.”
`
`“Once the card information and
`fingerprint is received during
`enrollment, the card information
`provides data that establishes where,
`i.e., at what memory location or
`address, the system will store the
`fingerprint data.”
`
`IPR2022-00600 (Apple IPR), Paper No. 22
`at 36
`
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`PO’s Proposed Construction
`
`“Dependent upon” means: “contingent upon or determined by.”
`◦ POR at 9-11
`
`“Defining” means: “setting” or “establishing”
`◦ POR at 12
`
`Limitation 1[c] means: “The system sets or establishes a memory location in a local memory external to
`the card, said location being contingent upon or determined by the received card information.”
`◦ POR at 11-14
`
`Limitation 1[c] would read: “Defining [i.e., setting or establishing], dependent upon [i.e., contingent
`upon or determined by] the received card information, a memory location in a local memory
`external to the card”
`
`Source: POR at 9-14
`
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`Board’s Construction in Apple IPR
`
`“Overall, in terms of “defining” and limitation [1c] as a whole, we understand that during an
`enrollment process, the claimed “biometric signature,” e.g., a fingerprint, is not yet stored in the
`memory, and no memory location or address has been “defined,” as in “set” or “established,” in
`the memory for storing the fingerprint, until card information is received. Once the card
`information and fingerprint is received during enrollment, the card information provides data that
`establishes where, i.e., at what memory location or address, the system will store the fingerprint
`data.
`
`◦ The Board further noted “the proper interpretation and understanding that the meaning of ‘defining’
`includes ‘sets’ or ‘establishes’...”
`
`Source: IPR2022-00600 (Apple IPR), Paper No. 22 at 36, 38-39
`
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`Support for PO’s Construction
`
`“defining, dependent upon the received card information, a memory location in a local memory
`external to the card”
`
`“Dependent upon” means “contingent upon or determined by”
`◦ Plain and ordinary meaning
`
`◦ Agreed upon construction in CPC v Apple litigation
`
`◦ See Ex. 1013 (Apple Litigation Joint Claim Construction Statement), p. 2
`
`◦ Adopted by the Board in the Apple IPR Institution Decision
`
`◦ IPR2022-00600, Paper 8 at 10
`
`◦ Adopted by Board in Apple IPR Final Written Decision
`
`◦ “…we will consistently apply the plain and ordinary meaning of ‘dependent upon’ as ‘contingent on or
`determined by.’”
`
`◦ IPR2022-00600, Paper 22 at 13
`
`◦ Petitioner does not dispute this construction.
`
`Source: Ex. 1013 at 2; IPR2022-00600, Paper 8 at 10; IPR2022-00600, Paper 22 at 13
`
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`Support for PO’s Construction
`
`“defining, dependent upon the received card information, a memory location in a local memory
`external to the card”
`
`“Defining” means “setting” or “establishing”
`◦ Plain and ordinary meaning
`
`◦ Supported by Intrinsic Evidence:
`
`◦ “[t]he biometric signature is stored at a memory address defined by the card as read by the (‘unique’) card information on the
`user’s card as read by the card reader of the verification station.”
`
`◦ Ex. 1001 at 2:64-67
`
`◦ “[i]n an enrollment phase…the card data 604 defines the location 607 in the memory 124 where the unique biometric signature is
`stored.”
`
`◦ Ex. 1001 at 7:43-49
`
`◦ See also Ex. 1001 at Abstract, 3:4-11, 7:53-56, 9:23-25, 9:62-67, and Fig 4
`
`Source: Ex. 1001 at Abstract, 2:64-67, 3:4-11, 7:43-49, 7:53-56, 9:23-25, 9:62-67, and Fig 4
`
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`Support for PO’s Construction
`
`PO’s Expert Testimony
`
`41. A POSITA would have understood (at the
`time of the invention) that “defining,” as used
`in the Challenged Claims, is not the same as
`merely looking up, specifying, or identifying
`something that has already been defined. As
`noted above, the Board has adopted
`“contingent upon or determined by” as the
`construction for the “dependent upon” portion
`of Limitation 1[C]. IPR2022-00600, Paper 8
`at 10. In light of this construction, a POSITA
`would consider the word “defining,”
`especially in the context of enrollment, to
`mean “setting” or “establishing.”
`
`Source: Ex. 2039 (Russ Decl.) at ¶ 41.
`
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`Support for PO’s Construction
`
`The Board adopted “setting” or “establishing” in the Apple IPR
`◦ “We have no major issue with Patent Owner’s interpretation of ‘defining’ as also meaning ‘setting’ or
`‘establishing.’”
`
`◦ IPR2022-00600, Paper 22 at 30
`
`◦ “[W]e can give Patent Owner the benefit of the doubt that during an enrollment process the card data is
`provided for ‘setting’ or ‘establishing’ what memory location, or address, in the local database the
`fingerprint is to be stored.”
`
`◦ IPR2022-00600, Paper 22 at 35 and 38-39;
`
`◦ See also discussion generally at pp. 29-36
`
`Source: IPR2022-00600, Paper 22 at 29-36, 38-39
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`Petitioner’s Proposed Constructions
`
`First interpretation: a memory location is somehow determined from (or is dependent on) the
`card information (“First Construction”). Under this interpretation, the system can look up or
`otherwise determine a specific memory location from a user’s card information.
`
`Second interpretation: a memory location is specified by the card information itself (“Second
`Construction”). Under this interpretation, the card information itself must specify the physical memory
`address where the user’s biometric signature is stored, without the need to look up the memory address in a
`database or other data structure.
`
`Source: Petition at 11-12 (emphasis added)
`
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`Board’s Institution Decision Construction
`
`“the user’s card information itself specifies the physical memory address (such as by acting as a
`pointer) for the user’s biometric signature.”
`
`Source: Institution Decision (Paper 20) at 38
`
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`Claim 1 = Enrollment
`
`Claim 1 is directed to Enrollment
`
`The Board agreed in the Apple IPR:
`
`“Considering the abstract and the specification of the ’039 patent, what ‘defining, dependent
`upon . . .’ means as a whole, in the context of claim 1 and ‘a method of enrolling,’ is that
`during an enrollment process, the claimed ‘biometric signature,’ e.g., a fingerprint, is not yet
`stored in the memory and no memory location or address has been ‘set’ or ‘established’ for the
`fingerprint. When the fingerprint, and then the card, is provided to the system during
`enrollment, the card information provides data that establishes where, e.g., at what memory
`location or address, the system will store the fingerprint data.”
`
`Source: IPR2022-00600, Paper 22 at 30 (italicized emphasis in original)
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`Claim 1 = Enrollment
`
`Claim 1 is directed to Enrollment
`
`The intrinsic record agrees:
`
`Claim 1 [and all independent claims] concludes with “storing…the biometric signature at the defined
`memory location.”
`
`“Storing” the biometric signature is the natural end-result of enrollment
`
`The “method of enrolling” in the preamble of claim 1 provides antecedent basis for “the enrollment
`method” recited in dependent claim 2
`
`“storing a biometric signature according to the enrollment method of claim 1”
`
`Source: Ex. 1001, Claims 1, 2, 13, and 19; POR at 6-8
`
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`Claim 1 = Enrollment
`
`Claim 1 is directed to Enrollment
`
`Petitioner’s expert agrees:
`
`Q.· ·So Claim 1 is directed to a method of
`enrollment; you agree with that?
`
`A.· ·Yes, I do.· That's how it -- the preamble reads.·
`Method of enrollment.
`
`Q.· ·Even if you were to disregard the preamble,
`would you agree that Claim 1 is describing a
`method of enrollment?
`
`A.· ·Yeah.· I believe that's -- that's -- that’s a fair
`characterization of Claim 1, yes.
`
`Source: Ex. 2049 (Second Lipoff Tr.) at 53:1-9; PO Surreply at 3-4
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`Claim 1 – Enrollment vs Verification
`
`Enrollment vs Verification
`
`The Board distinguished between Enrollment and Verification
`
`“A difference between verification process 205 and enrollment process 207 is that the enrollment
`process includes step 401, which stores the biometric signature “at a memory address
`defined by the card data 604,” whereas in verification process 205 “step 204 reads the
`contents stored at a single memory address defined by the card data 604” and compares the
`stored biometric signature with the input biometric signature.”
`
`Source: Inst. Dec. at 7 citing Ex. 1001 at 9:65–66, 8:24–26; POR at 8
`
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`Claim 1’s Temporal Requirements
`
`The “Defining” step occurs during enrollment
`
`1. A method of enrolling in a biometric card pointer
`system, the method comprising the steps of
`receiving card information;
`receiving the biometric signature:
`defining, dependent upon the received card
`information, a memory location in a local memory
`external to the card;
`determining if the defined memory location is
`unoccupied;
`and
`storing, if the memory location is unoccupied,
`the biometric signature at the defined memory
`location.
`
`Source: Ex. 1001 (‘039 Patent) at Claim 1; POR at 8-9
`
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`Claim 1’s Temporal Requirements
`
`Claim 1 Requires Ordered Steps
`
`PO’s Expert testified:
`
`(1) receiving card information;
`
`(2) receiving the biometric signature;
`
`(3) defining a memory location based upon the
`received card information;
`
`(4) determining if the defined memory location is
`unoccupied; and
`
`(5) storing the biometric signature at the defined
`memory location.
`
`Source: Ex. 2039 (Russ Decl.) at ¶ 37; POR at 8-9
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`Claim 1’s Temporal Requirements
`
`Claim 1 Requires Ordered Steps
`
`The Apple Board found that a memory location is “defined” only after the card information is
`received
`
`“Therefore, based on the proper interpretation and understanding that the meaning of “defining”
`includes “sets” or “establishes,” we can agree with Patent Owner that “[a]fter, and only after,
`that card information is received can a memory location be defined” for the biometric
`signature.”
`
`Source: IPR2022-00600, Paper No. 22 at 39.
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`Claim 1’s Temporal Requirements
`
`Claim 1 Requires Ordered Steps
`
`Petitioner’s expert agrees that storing cannot
`occur until after the defining step:
`
`Q.· ·Okay.· But as far as the fifth step, storing the
`biometric signature at the defined memory location,
`that needs to occur after the memory location is
`defined, right?
`
`A.· ·That's correct, I would agree with that.
`
`Q.· ·And the system doesn't know what that memory
`location is until after the card information has been
`received, correct?
`
`A.· ·That's my understanding of what the claim implies,
`yes.
`
`Source: Ex. 2041 (Lipoff Tr.) at 23:22-24:6; see generally, Id. at 23:22-25:10; POR at 17-18
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`Claim 1’s Temporal Requirements
`
`The “Defining” step occurs during Enrollment (not Verification)
`
`The “Defining” referenced in Claim 3’s Verification step refers to the
`“Defining” during Enrollment
`
`3. A method of securing a process at a verification station, the method
`comprising the steps of:
`
`***
`
`(d) if the provided card information has not been previously provided to the
`verification station;
`◦ (da) storing the inputted biometric signature in a memory at a memory location
`defined by the provided card information; and
`◦ (db) performing the process dependent upon the received card information;
`
`(e) if the provided card information has been previously provided to the
`verification station;
`◦ (ea) comparing the inputted biometric signature to the biometric signature stored in
`the memory at the memory location defined by the provided card information;
`
`Source: Ex. 1001 at Claim 3; PO Surreply at 4-5
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`Claim 1’s Temporal Requirements
`
`The “defining” of Limitation 3[ea] is the “defining” that
`occurred during Enrollment
`
`Petitioner’s expert agrees:
`
`Q.· ·Is it the same memory location referred to in both Limitation [D]
`and Limitation [E]?
`
`A.· ·It's my understanding that defined – the memory location
`defined by the -- the card information is the same throughout all
`these claims.
`
`***
`
`Q.· ·Okay.· So the memory location in Limitation [E-A] is referring
`back to the same memory location as in Limitation 3[D]; is that your
`understanding?
`
`A.· ·As I previously testified, I believe wherever the -- wherever the
`patent talks about the memory location defined by the card
`information, it means the same memory location.
`
`Source: Ex. 2049 (Second Lipoff Tr.) at 57:16-58:13; PO Surreply at 5-6
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`Hsu
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`Hsu
`
`Hsu fails to disclose use of the card information to define
`(set or establish) the memory location – the memory
`location is not “contingent upon” the card information
`
`“The enrollment procedure requires that each user enroll
`by presenting a finger to the fingerprint sensor 16, which
`generates a fingerprint image for a fingerprint enrollment
`analyzer 64. At the same time, the user's identity has to be
`independently verified, by some means other than
`fingerprint matching, as indicated in block 66, and the user
`also presents an account number, employee number or
`similar identity number. If the user does not have such a
`number, one is assigned at this stage. The account number
`is stored in the database 44 in association with the user's
`fingerprint image data.”
`
`Source: Ex. 1003 (Hsu) at 7:1-12 (POR at 16-17)
`
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`Hsu
`
`Hsu fails to disclose use of the card information to define
`(set or establish) the memory location – the memory
`location is not “contingent upon” the card information
`
`“[T]he fingerprint database 44 contains reference
`fingerprint data for each user, employee, or customer using
`the system, and…the reference fingerprint data are
`associated with corresponding user numbers, or employee
`or customer account numbers.”
`
`Source: Ex. 1003 (Hsu) at 6:54-57 (POR at 17)
`
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`Hsu
`
`Hsu fails to disclose use of the card information to define (set or establish) the memory
`location – the memory location is not “contingent upon” the card information
`
`PO’s Expert Agrees:
`
`“49. A POSITA would have understood that, in Hsu’s enrollment procedure, the user’s account number
`specifically does not set or establish the memory location for the fingerprint data as required by the
`Challenged Claims…There is no step in Hsu wherein the account number (or the “card information”) first sets
`or establishes the memory location. Nor is there a step wherein after—and only after—the account
`number sets or establishes the memory location, the fingerprint data is then stored at that location.”
`
`Source: Ex. 2039 (Russ Decl) at ¶ 49 (POR at 17-18)
`
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`Hsu
`
`Hsu fails to meet the temporal requirements of the ‘039 Patent claims
`
`Hsu does not teach:
`
`(1) First receiving the user’s account information (i.e., “card information); then
`
`(2) setting or establishing a memory location for storage of fingerprint date contingent upon that
`card information.
`
`Source: POR at 18-19; PO Surreply at 9
`
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`Hsu
`
`Hsu fails to meet the temporal requirements of
`the ‘039 Patent claims
`
`PO’s Expert Confirms this:
`
`“The claim requires that the card data be used to
`determine where to put the data.· In other words, the –
`the system knows where to put the data because the card
`information defines the location.
`
`And -- and in the case of Hsu -- so a contrasting example
`is Hsu.· In the case of Hsu, the card information does
`not tell the database where to put the information.”
`
`Source: PO Surreply at 9-10
`
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`Card Information Must Be Received
`Before the Memory Location is Set
`
`The Apple Board agreed:
`
`“Overall, in terms of “defining” and limitation [1c] as a whole, we understand that during an
`enrollment process, the claimed “biometric signature,” e.g., a fingerprint, is not yet stored in the
`memory, and no memory location or address has been “defined,” as in “set” or “established,” in
`the memory for storing the fingerprint, until card information is received. Once the card
`information and fingerprint is received during enrollment, the card information provides data
`that establishes where, i.e., at what memory location or address, the system will store the
`fingerprint data.”
`◦ IPR2022-00600, Paper No. 22 (Apple IPR FWD) at 36 and 38-39.
`
`“Therefore, based on the proper interpretation and understanding that the meaning of “defining”
`includes “sets” or “establishes,” we can agree with Patent Owner that “[a]fter, and only after, that
`card information is received can a memory location be defined” for the biometric signature.”
`IPR2022-00600, Paper No. 22 (Apple IPR FWD) at 39
`
`Source: IPR2022-00600, Paper No. 22 at 36, 38-39.
`
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`Hsu
`
`Hsu Figure 4 does not help Petitioner’s Argument
`
`Source: Petitioner’s Reply at 11; Ex. 1003 (Hsu) at Fig. 4; PO Surreply at 10-11
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`Hsu
`
`Petitioner Admits “Hsu is silent on how a new user record is created”; Petitioner’s proposed
`modifications do not cure this deficiency”
`
`“One option is to store all the user numbers in Hsu’s database and reserve/pre-establish memory locations
`for associated fingerprint data. Upon a user enrolling by providing a user number, the system looks up the
`user number and determines the corresponding memory location for storing the user’s fingerprint.”
`◦ Petitioner’s Reply at 16-17
`
`◦ The “system looking up” a user number is distinct from the card information “defining” the memory location
`
`“Another option is to create a new user record on enrollment…Upon a user enrolling, she would provide a
`previously unseen card/user number, and the system would then create a new record for the user, including
`setting/establishing for the first time the memory location for storing the user’s fingerprint.”
`◦ Petitioner’s Reply at 17
`◦ This is a hindsight-driven “option” with no support
`
`Source: Petitioner’s Reply at 16-17
`
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`Tsukamura
`
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`Tsukamura
`
`Petitioner relies upon Tsukamura solely for its memory configuration:
`
`◦ “…the Petition does not rely on Tsukamura’s IC card 21 for disclosing the claimed ‘card information.’
`Tsukamura is relied on under Ground 2 solely for its memory configuration…[I]t would have been
`obvious to assign Tsukamura’s index number as the user/account/employee number in the Hsu-Stanford
`system.”
`
`Source: Petitioner’s Reply at 18 (citing Petition at 23-26, 74-76, and 83-84)
`
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`Tsukamura
`
`Tsukamura discloses that the USER (not the card
`information) defines the memory location
`
`“When the fingerprint of a person for authentication
`is registered in the fingerprint collating unit 30, the
`personal computer 10 Sends a fingerprint registration
`instruction Reg and an index number N index
`specified by the user to the fingerprint collating unit
`30 in response to the fingerprint registration
`operation of the user.”
`
`Source: Ex. 1005 (Tsukamura) at 2:39-45 (POR at 22); see also Ex. 1005 at 3:39-47
`
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`

`No Motivation To
`Combine
`
`N O MOT I VAT I O N TO A D D T H E I N D E X - BA S E D DATA BA S E O F
`TS U K A MU R A TO T H E H S U - STA N FO R D SYST E M
`
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`No Motivation to Combine
`
`Tsukamura discloses an index-based memory
`system
`◦ Records stored at address of Nx512
`
`◦ Each record address is 512 bytes
`
`◦ Each record begins at an address that is a multiple
`of 512
`
`◦ The index number N is “specified by the user” (not
`by the card information)
`
`Source: Ex. 2039 (Russ Decl.) at ¶ 60; Ex. 1005 (Tsukamura) at 2:40-45; POR at 22-25
`
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`

`Tsukamura
`– Fig. 3
`
`Source: Ex. 1005 (Tsukamura) at Fig. 3; POR at 24
`
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`No Motivation to Combine
`
`Disadvantages of Tsukamura’s Index-based Memory System
`◦ Each memory location is a fixed size
`
`◦ Each memory location is an identical size
`
`◦ Indexes (arrays) are static; they are established in memory once and cannot be changed
`
`◦ Indexes (arrays) do not handle variable-sized data efficiently
`
`◦ Each index must be large enough to accommodate the largest data to be stored, even if other data
`chunks are smaller
`
`◦ Results in significant empty, unused space
`
`◦ Empty space in any computer system is wasteful and undesirable
`
`◦ Cannot accommodate a piece of data larger than the pre-defined index size limit
`
`Source: Ex. 2039 (Russ Decl.) ¶ 66; Ex. 2046 (“Arrays and Pointers” article) at 8; POR at 26-28
`
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`

`No Motivation to Combine
`
`The ‘039 Patent Discloses a Flexible Pointer-based System
`◦ A data-field is a pointer to a location in memory
`
`◦ ‘039 Patent Specification: “[t]he card data 604 acts as the memory reference which points, as depicted
`by arrow 608 [as shown in Fig. 4] to a particular memory location at an address 607 in the local
`database 124….”
`
`◦ ‘039 Patent Specification: “The card data 604 defines the location 607 in the memory 124 where their
`unique biometric signature is stored.”
`
`◦ Biometric signatures – like fingerprints – are of varying size
`
`◦ Pointer-system records can be of varying size
`
`◦ Pointers allow for extremely rapid location of data in memory
`
`Source: Ex. 2039 (Russ Decl.) at ¶ 61 and 67; Ex. 1001 at 7:32-35 and 7:47-49; POR at 26-28
`
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`‘039 Patent
`Fig. 4
`
`Source: Ex. 1001 at Fig. 4
`
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`No Motivation to Combine
`
`Tsukamura’s Index System would be Unsuitable for Fingerprint Storage
`
`Fingerprint data (i.e., “minutiae”) are known to be of varying sizes from person to person
`
`POSITA would therefore find fixed-size Index system unsuitable as a storage option for biometric
`data
`
`Source: Ex 2039 (Russ Decl.) at ¶ 63; Ex. 2044 (Jain) at 1373-1375; POR at 26-27
`
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`

`Minutiae
`
`The amount and type of “minutiae” of a
`fingerprint differ from person to person
`
`Petitioner’s expert agrees:
`
`Q.· ·Okay.· And do different people have different
`numbers of minutiae among themselves?
`
`***
`
`THE WITNESS:· Yes, I believe in general they have
`different numbers of minutiae, and the minutiae differ
`from one another as well in a general sense.
`
`Source: Ex. 2049 (Lipoff Tr., Vol. II) at 89:1-6; PO Surreply at 17-18
`
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`

`Ex 1036 – Engelsma (2019)
`
`Engelsma supports the preferred use of variable
`length records for fingerprint storage
`
`“Abstract—We present DeepPrint, a deep network,
`which learns to extract fixed-length fingerprint
`representations of only 200 bytes. DeepPrint
`incorporates fingerprint domain knowledge, including
`alignment and minutiae detection, into the deep
`network architecture to maximize the discriminative
`power of its representation. The compact, DeepPrint
`representation has several advantages over the
`prevailing variable length minutiae representation….”
`◦ Note: Engelsma published in December 2019.
`
`Source: Ex. 1036 (Engelsma) at p. 1, Abstract; PO Surreply at 18-19
`
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`

`No Motivation to Combine
`
`POSITA would understand that fingerprint records are
`of varying sizes even if not disclosed in ‘039 Patent
`
`PO’s Expert testified:
`
`“Q.· ·Are you aware of anywhere in the ‘039 patent
`where it describes that the fingerprint records are of
`variable size?
`
`A.· ·I'm not aware of where the '039 patent discloses it, but
`it doesn't need to because it's -- would be well-known in
`the art.
`
`Q.· ·Are you aware of anywhere in any claim of the '039
`patent where it matters whether the memory locations for
`users are of the same size or of variable size?
`
`·MR. RYAN:· Objection to form.
`
`·THE WITNESS:· I think the claims of the '039 patent are
`silent on the subject, but -- but a person of ordinary skill
`would appreciate that fingerprint data can be of
`varying size.”
`
`Source: Ex. 1031 (Russ Tr.) at 123:17-124:6 (Reply at 19)
`
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`

`

`No Motivation to Combine
`
`POSITA would understand that fingerprint
`records are of varying sizes even if not claimed
`in ‘039 Patent
`
`PO’s Expert testified:
`
`“Q.· ·Do any of the '039 patent claims
`require the memory location being able to
`store records of varying sizes?
`
`A.· ·Well, the '039 patent is silent on the
`subject, but a person of ordinary skill would
`know that fingerprint data is of varying
`size.”
`
`Source: Ex. 1031 (Russ Tr.) at 124:16-21 (Reply at 19)
`
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`

`Patentability Conclusion
`
`P E T I T I O N E R H A S FA I L E D TO P ROVE T H AT T H E ‘0 3 9 PAT E N T C L A I MS
`L AC K PAT E N TA B I L I T Y
`
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