UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`MIDLAND-ODESSA DIVISION
`
`RESONANT SYSTEMS, INC. d/b/a
`RevelHMI,
`
`Case No. 7:23-cv-00077-DC
`
`Plaintiff,
`
`JURY TRIAL DEMANDED
`
` v.
`
`APPLE INC.,
`
`Defendant.
`
`DEFENDANT APPLE INC.’S PROPOSED CLAIM CONSTRUCTIONS
`
`APPLE 1034
`
`1
`
`

`

`Pursuant to the Court’s December 20, 2023, Scheduling Order, Dkt. No. 40, Defendant
`
`Apple Inc. (“Apple”) hereby proposes the following constructions for terms, phrases, and/or
`
`clauses from United States Patent Nos. 8,093,767 (the “’767 patent”), 8,860,337 (the “’337
`
`patent”), 9,941,830 (the “’830 patent”) and 11,152,882 (the “’882 patent”) (collectively, the
`
`“Patents-in-Suit”). Unless otherwise indicated below, any occurrence of a listed claim term,
`
`phrase, and/or clause is intended to receive the same construction across all Patents-in-Suit for
`
`which the listed term, phrase, and/or construction is proposed for construction.
`
`Apple reserves the right to modify, supplement, or amend the proposed constructions for
`
`the claim terms, phrases, and/or clauses set forth below. Additionally, Apple reserves the right to
`
`request separately the construction of portions of the identified claim terms, phrases, and/or
`
`clauses.
`
`Apple further reserves all rights to assert that terms, phrases, and/or clauses in the Patents-
`
`in-Suit are invalid under 35 U.S.C. § 112, other than as indefinite, including without limitation the
`
`terms, phrases, and/or clauses listed herein and/or the terms, phrases and/or clauses listed in
`
`Apple’s Preliminary Invalidity Contentions and any supplements thereto.
`
`This list is preliminary, and Apple reserves the right to add, delete, and/or amend proposed
`
`constructions for claim terms, phrases, and/or clauses from the list based on, without limitation,
`
`the construction(s) propounded by Plaintiff Resonant Systems, Inc. d/b/a RevelHMI (“Resonant”)
`
`or any information learned throughout the course of the claim construction process. Apple reserves
`
`the right to include Resonant’s proposed claim terms, phrases, and/or clauses in its list.
`
`To the extent the claim terms, phrases, and/or clauses set forth below include terms,
`
`phrases, and/or clauses appropriate to be construed separately, such terms, phrases, and/or clauses
`
`are deemed part of this disclosed list. Similarly, to the extent it is appropriate to construe terms,
`
`2
`
`

`

`phrases, and/or clauses listed below in the context of additional claim language, such additional
`
`language is deemed part of this disclosure.
`
`No.
`
`1.
`
`2a.
`
`Term, Clause,
`and/or Phrase
`
`Patent
`Claim(s)
`
`Proposed Construction
`
`’767 patent,
`claim 1; ’337
`patent, claims
`1, 2, 4; ’830
`patent, claims
`1, 19, 20; ’882
`patent, claims
`1, 10
`’767 patent,
`claim 1
`
`Preambles: “linear
`resonant vibration
`module”; “linear
`vibration module”;
`“vibration module”;
`“oscillating resonant
`module[s]”
`
`“a control
`component that
`includes a
`microprocessor and
`that controls supply
`of power from the
`power supply to the
`driving component
`to cause the
`moveable
`component to
`linearly oscillate, the
`control component
`including, in
`addition to the
`microprocessor,
`
`a control
`program, stored
`in one of a
`separated
`electronic
`memory or
`within the
`processor, that is
`executed by the
`microprocessor
`to control
`operation of the
`linear resonant
`
`Limiting
`
`Subject to 35 U.S.C. 112 ¶ 6
`
`Function: controlling supply of power from the
`power supply to the driving component to cause
`the movable component to linearly oscillate;
`controlling operation of the linear resonant
`vibration module; receiving output signals from
`sensors within the linear resonant vibration
`module during operation of the linear resonant
`vibration module; and adjusting one or more
`operational control outputs of the control
`component according to the received output
`signals
`from
`the sensors
`in order
`that
`subsequent operation of
`linear
`resonant
`vibration module produces desired outputs from
`the one or more sensors corresponding to one or
`more operational control parameters
`
`Structure: a microprocessor; a switch that
`receives a directional signal d from
`the
`processor and that selects a corresponding
`direction of the two opposite directions in
`which
`the driving component drives
`the
`moveable component; a control program, stored
`in one of a separated electronic memory or
`within the processor, that is executed by the
`microprocessor wherein the control program
`performs the algorithm shown in Figs. 7A–C
`and described at 6:15–8:3; and equivalents
`thereof
`
`3
`
`

`

`No.
`
`Term, Clause,
`and/or Phrase
`
`Patent
`Claim(s)
`
`Proposed Construction
`
`vibration
`module, and
`
`a switch that
`receives a
`directional signal
`d from the
`processor and
`that selects a
`corresponding
`direction of the
`two opposite
`directions in
`which the driving
`component
`drives the
`moveable
`component,
`
`the control
`component receiving
`output signals from
`sensors within the
`linear resonant
`vibration module
`during operation of
`the linear resonant
`vibration module
`and adjusting one or
`more operational
`control outputs of
`the control
`component
`according to the
`received output
`signals from the
`sensors in order that
`subsequent
`operation of linear
`resonant vibration
`module produces
`desired outputs from
`the one or more
`
`4
`
`

`

`No.
`
`Term, Clause,
`and/or Phrase
`
`Patent
`Claim(s)
`
`Proposed Construction
`
`sensors
`corresponding to one
`or more operational
`control parameters”
`2b. “a control
`component that
`controls supply of
`power from the
`power supply to the
`driving component
`to cause the
`moveable
`component to
`oscillate at a
`frequency and an
`amplitude [that are
`independently]
`specified by user
`input received from
`the user-input
`features
`
`[wherein the control
`component drives
`simultaneous
`oscillation of the
`moveable
`component at two or
`more frequencies to
`generate complex
`vibration modes.]”
`
`’337 patent,
`claims 1, 2, 4
`
`Claims 1, 4
`
`Subject to 35 U.S.C. 112 ¶ 6
`
`Function: controlling supply of power from the
`power supply to the driving component to cause
`the moveable component to oscillate at a
`frequency and an amplitude
`[that are
`independently] specified by user input received
`from the user-input features
`
`Structure: the switches shown in Figures 5A–6
`and described at 5:45–65, 6:2–8 with either (i)
`the oscillator circuit described at 11:43–12:5 or
`(ii) the processor/microprocessor/
`microcontroller/CPU that performs the
`algorithm shown in Figures 7A–C and
`described at 6:43–8:30 and 13:3–41; and
`equivalents thereof
`
`Claim 2
`
`Subject to 35 U.S.C. 112 ¶ 6
`
`Function: controlling supply of power from the
`power supply to the driving component to cause
`the moveable component to oscillate at a
`frequency and an amplitude specified by user
`input received from the user-input features;
`driving simultaneous oscillation of the movable
`component at two or more frequencies to
`generate complex vibration modes
`
`Structure: the switches shown in Figures 5A–6
`and described at 5:45–65, 6:2–8 with the
`processor/microprocessor/microcontroller/
`CPU that performs the algorithm shown in
`Figures 7A–C and described at 6:43–8:30; and
`13:3–41; and equivalents thereof
`
`5
`
`

`

`No.
`
`2c.
`
`Term, Clause,
`and/or Phrase
`
`Patent
`Claim(s)
`
`Proposed Construction
`
`’830 patent,
`claims 1, 19,
`20
`
`“a control
`component that
`controls supply of
`power from the
`power supply to the
`driving component
`to cause the
`moveable
`component to
`oscillate at a
`frequency and an
`amplitude specified
`by one or more
`stored values
`
`Subject to 35 U.S.C. 112 ¶ 6
`
`Function: controlling supply of power from the
`power supply to the driving component to cause
`the movable component to oscillate at a
`frequency and an amplitude specified by one or
`more stored values
`
`Structure: the switches shown in Figures 5A–6
`and described at 5:52–6:5, 6:9–16 and the
`processor/microprocessor/microcontroller/
`CPU that performs the algorithm shown in
`Figures 7A–C and described at 6:52–8:40 and
`13:20–59; and equivalents thereof
`
`[wherein the control
`component drives
`simultaneous
`oscillation of the
`moveable
`component at two or
`more frequencies to
`generate complex
`vibration modes.]”
`2d. “a control
`component that
`
`receives control
`signals input to
`the oscillating
`resonant module
`[by the
`controller],
`
`receives outputs
`from the one or
`more sensors,
`and
`
`controls
`oscillation of the
`mass to produce
`a vibration
`
`’882 patent,
`claims 1, 10
`
`Subject to 35 U.S.C. 112 ¶ 6
`
`Function: receiving control signals input to the
`oscillating resonant module; receiving outputs
`from the one or more sensors; controlling
`oscillation of the mass to produce a vibration
`response according to the received control
`signals by generating, using one or more of the
`received sensor outputs, control outputs to an
`actuator that drives the mass to oscillate
`
`Structure: the processor/logic circuitry that
`performs the algorithm shown in Fig. 45 and
`described at 31:19–32:13
`
`6
`
`

`

`No.
`
`Term, Clause,
`and/or Phrase
`
`Patent
`Claim(s)
`
`Proposed Construction
`
`response
`according to the
`received control
`signals by
`generating, using
`one or more of
`the received
`sensor outputs,
`control outputs to
`an actuator that
`drives the mass
`to oscillate”
`“a driving
`component that
`drives the moveable
`component in each
`of two opposite
`directions”
`
`3a.
`
`’767 patent,
`claim 1
`
`Subject to 35 U.S.C. 112 ¶ 6
`
`Function: driving the moveable component in
`each of two opposite directions
`
`Structure: coils 420, 514, 626, 1202, 1204,
`1302, 1304, 1412, 1414, electromagnets shown
`in Figs. 10–11 each with alternating current
`applied thereto; and equivalents thereof
`Subject to 35 U.S.C. 112 ¶ 6
`
`Function: driving the moveable component in
`each of two opposite directions within the
`housing
`
`Structure: coils 420, 514, 626, 1202, 1204,
`1302, 1304, 1412, 1414, electromagnets shown
`in Figs. 10–11 each with alternating current
`applied thereto; and equivalents thereof
`Subject to 35 U.S.C. 112 ¶ 6
`
`Function: driving the moveable component to
`oscillate within the housing
`
`Structure: coils 420, 514, 626, 1202, 1204,
`1302, 1304, 1412, 1414, 1510 (also shown in
`Figs. 16–17), electromagnets shown in Figs.
`10–11 each with alternating current applied
`thereto; and equivalents thereof
`“a curved oscillation path”
`
`’337 patent,
`claims 1, 2, 4
`
`3b. “a driving
`component that
`drives the moveable
`component in each
`of two opposite
`directions within the
`housing”
`
`3c.
`
`“a driving
`component that
`drives the moveable
`component to
`oscillate within the
`housing”
`
`’830 patent,
`claims 1, 19,
`20
`
`4
`
`“an oscillation path,
`
`’882 patent,
`
`7
`
`

`

`No.
`
`Term, Clause,
`and/or Phrase
`
`Patent
`Claim(s)
`
`Proposed Construction
`
`which represents a
`segment of a space
`curve”
`“the one or more
`sensors”
`
`“the d”
`
`“desired outputs”
`
`“the one or more
`operational control
`outputs”
`“the received output
`signals”
`“the sensors”
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`“the mass”
`
`12
`
`13
`
`14
`
`15
`
`“the oscillating
`resonant module[s]”
`/ “the one or more
`oscillating resonant
`module[s]”
`“the physical
`device”
`“is are” (or all of
`claim 7)
`“claim 1”
`
`16
`
`“claim 1”
`
`claims 1, 10
`
`’767 patent,
`claim 1;
`’830 patent,
`claim 4
`’767 patent,
`claim 2
`’767 patent,
`claim 1;
`’830 patent,
`claim 4
`’830 patent,
`claim 4
`
`’830 patent,
`claim 4
`’830 patent,
`claim 4
`’882 patent,
`claims 1, 3–7,
`10
`’882 patent,
`claims 10, 17,
`19, 20
`
`’882 patent,
`claim 17
`’882 patent,
`claim 7
`830 patent,
`claim 4
`882 patent,
`claim 17
`
`Indefinite
`
`Indefinite
`
`Indefinite
`
`Indefinite
`
`Indefinite
`
`Indefinite
`
`Indefinite
`
`Indefinite
`
`Indefinite
`
`Indefinite
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Date: February 15, 2024
`
`Respectfully submitted,
`
`/s/ James Yang
`Roger A. Denning (Cal. Bar No. 228998)
`denning@fr.com
`
`8
`
`

`

`Ryan O’Connor (Cal. Bar No. 304815)
`oconnor@fr.com
`Oliver Richards (Cal. Bar No. 310972)
`orichards@fr.com
`Joy Backer Kete (Mass. Bar No. 694323)
`(pro hac vice forthcoming)
`kete@fr.com
`James Yang (Cal. Bar No. 323287)
`jyang@fr.com
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Suite 400
`San Diego, CA 92130
`Tel: (858) 678-5070 / Fax: (858) 678-5099
`
`Ruffin B. Cordell (Tex. Bar No. 04820550)
`cordell@fr.com
`FISH & RICHARDSON P.C.
`1000 Maine Ave., SW, Suite 1000
`Washington, DC 20024
`Tel: (202) 783-5070 / Fax: (202) 783-2331
`
`Nitika Fiorella (Del. Bar No. 5898)
`(pro hac vice forthcoming)
`ngupta@fr.com
`222 Delaware Avenue, 17th Floor
`Wilmington, DE 19801
`Tel: (302) 652-5070 / Fax: (302) 652-0607
`
`Kathryn Quisenberry (Tex. Bar No. 24105639)
`quisenberry@fr.com
`Karrie Wheatley (Tex. Bar No. 24098605)
`wheatley@fr.com
`FISH & RICHARDSON P.C.
`909 Fannin Street, Suite 2100
`Houston, TX 77010
`Tel: (713) 654-5300 / Fax: (713) 652-0109
`
`Steven J. Wingard (Tex. Bar No. 00788694)
`swingard@scottdoug.com
`SCOTT, DOUGLAS & McCONNICO, L.L.P.
`303 Colorado Street, Suite 2400
`Austin, Texas 78701
`Tel: (512) 495-6300 / Fax: (512) 495-6300
`
`Attorneys for Defendant Apple Inc.
`
`9
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that the counsel of record for Plaintiff Resonant who are deemed to have
`
`consented to electronic service are being served on February 15, 2024, with a copy of this
`
`document via electronic mail.
`
`/s/ James Yang
`James Yang
`
`10
`
`