IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Pepin et al.
`In re Patent of:
`
`8,093,767
`U.S. Patent No.:
`January 10, 2012
`Issue Date:
`Appl. Serial No.: 12/782,697
`Filing Date:
`May 18, 2010
`Title:
`LINEAR-RESONANT VIBRATION MODULE
`
`
`
`Attorney Docket No. 50095-0177IP2
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`
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`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 8,093,767 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`

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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`TABLE OF CONTENTS
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`
`
`I.
`
`II.
`
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104 ............................ 8
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a)................................. 8
`B. Challenge Under 37 C.F.R. § 42.104(b) and Relief Requested ............... 8
`
`SUMMARY OF THE ’767 PATENT ............................................................. 3
`A. Brief Description ....................................................................................... 3
`B. Prosecution History ................................................................................... 3
`
`III. LEVEL OF ORDINARY SKILL .................................................................... 4
`
`IV. Claim Construction under 37 C.F.R. §§ 42.104(b)(3) ..................................... 4
`A. Means-Plus-Function Terms ..................................................................... 5
`1.
`“driving component” (all claims) .................................................... 6
`2.
`“control component . . .” (all claims) .............................................. 8
`
`V. DETAILED EXPLANATION OF GROUNDS ............................................10
`A. GROUND 1A – Izumi-Cosper renders obvious claim 1 (plain and
`ordinary meaning) ...................................................................................10
`1.
`Izumi ..............................................................................................11
`2.
`Cosper ............................................................................................13
`3.
`Predictable Izumi-Cosper Combination ........................................15
`4. Application to Challenged Claims ................................................21
`B. GROUND 1B – Izumi-Cosper-Rossi renders obvious claims 1-3 (plain
`and ordinary meaning) ............................................................................30
`1.
`Rossi ..............................................................................................30
`2.
`Predictable Izumi-Cosper-Rossi Combination ..............................31
`3. Application to Challenged Claims ................................................36
`C. GROUND 1C – Izumi-Cosper-Ibuki renders obvious claim 1 (plain and
`ordinary meaning) ...................................................................................46
`1.
`Ibuki ...............................................................................................47
`2.
`Predictable Combination of Izumi-Cosper -Ibuki .........................48
`3. Application to Challenged Claims ................................................51
`D. GROUND 1D – Izumi-Cosper-Rossi-Ibuki renders obvious claims 4-5
`(plain and ordinary meaning) ..................................................................52
`E. GROUND 2A: Izumi-Cosper-Ibuki-Aldrich renders obvious claim 1
`(means-plus-function construction) ........................................................55
`1. Aldrich ...........................................................................................56
`2.
`Predictable Izumi-Cosper-Ibuki-Aldrich Combination ................57
`
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`3. Application to Challenged Claims ................................................61
`F. GROUND 2B: Izumi-Cosper-Ibuki-Aldrich-Rossi renders obvious
`claims 1-5 (means-plus-function construction) ......................................72
`1. Application to Challenged Claims ................................................73
`
`VI. DISCRETIONARY DENIAL IS NOT WARRANTED ...............................76
`A. The General Plastic Factors Favor Institution .......................................76
`B. The Advanced Bionics Test Favors Institution—§325(d) ......................77
`C. The Fintiv Factors Weigh in Favor of Institution - 35 U.S.C. § 314 .....77
`
`VII. PAYMENT OF FEES – 37 C.F.R. § 42.103 .................................................78
`
`VIII. CONCLUSION ..............................................................................................79
`
`IX. MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) .........................79
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1)..............................79
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2) .......................................79
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ...................80
`D. Service Information ................................................................................80
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`ii
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`LIST OF EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 8,093,767 (“’767 patent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ’767 patent
`
`APPLE-1003
`
`Declaration of Dr. Blake Hannaford
`
`APPLE-1004
`
`U.S. Patent No. 6,982,696 (“Shahoian”)
`
`APPLE-1005
`
`U.S. Patent Publication No. 2005/0275294 (“Izumi”)
`
`APPLE-1006
`
`RESERVED
`
`APPLE-1007
`
`U.S. Patent No. 7,843,277 (“Gregorio”)
`
`APPLE-1008
`
`RESERVED
`
`APPLE-1009
`
`U.S. Patent Publication No. 2008/0246532 (“Cosper”)
`
`
`
`APPLE-1010-19 RESERVED
`
`APPLE-1020
`
`U.S. Patent No. 4,879,641 (“Rossi”)
`
`APPLE-1021
`
`Jack Aldrich, et al, Controller for Driving a Piezoelectric
`Actuator at Resonance, NASA Tech Briefs, April 2008
`(“Aldrich”)
`
`APPLE-1022
`
`Declaration of June Munford re Aldrich
`
`APPLE-1023
`
`U.S. Patent No. 7,027,032 (“Rosenberg”)
`
`APPLE-1024
`
`U.S. Patent No. 5,736,797 (“Motohashi”)
`
`APPLE-1025
`
`U.S. Patent No. 5,955,799 (“Amaya”)
`
`iii
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`
`APPLE-1026
`
`J. Peckol, Embedded Systems, A contemporary Design Tool,
`2008 (“Peckol”)
`
`APPLE-1027-32 RESERVED
`
`APPLE-1033
`
`Resonant Systems Opening Claim Construction Brief, 7-23-cv-
`00077 (WDTX) (Feb. 15, 2024)
`
`APPLE-1034
`
`Apple, Inc. Opening Claim Construction Brief, 7-23-cv-00077
`(WDTX) (Feb. 15, 2024)
`
`APPLE-1035
`
`RESERVED
`
`APPLE-1036
`
`Motion to Transfer Venue, 7-23-cv-00077 (WDTX)
`
`APPLE-1037
`
`RESERVED
`
`APPLE-1038
`
`U.S. Patent Publication No. 2005/0144784 (“Ibuki”)
`
`APPLE-1039
`
`RESERVED
`
`APPLE-1040
`
`U.S. Patent Publication No. 2011/0133682 (“Egger”)
`
`APPLE-1041
`
`U.S. Patent Publication No. 2008/0001484 (“Fuller”)
`
`APPLE-1042
`
`U.S. Patent Publication No. 2006/0145547 (“Kraus”)
`
`APPLE-1043
`
`U.S. Patent No. 6,510,995 (“Muthu”)
`
`APPLE-1044
`
`Central Processing Unit, Wikipedia,
`https://web.archive.org/web/20081205054505/http://en.wikiped
`ia.org/wiki/Central_processing_unit, (Dec. 5, 2008)
`
`APPLE-1045
`
`RESERVED
`
`APPLE-1046
`
`Apple, Inc. Opening Claim Construction Brief, 7-23-cv-00077
`(WDTX) (March 21, 2024)
`
`iv
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`

`

`APPLE-1047
`
`Resonant Systems, Inc’s Responsive Claim Construction Brief,
`7-23-cv-00077 (WDTX) (April 11, 2024)
`
`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`v
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`

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`Claim 1
`
`[1.P]
`
`[1.1]
`
`[1.2]
`
`[1.3]
`
`[1.4]
`
`[1.5.1]
`
`[1.5.2]
`
`[1.5.3]
`
`[1.6]
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`LISTING OF CLAIMS
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`A linear resonant vibration module comprising:
`
`a housing;
`
`a moveable component;
`
`a power supply;
`
`a driving component that drives the moveable component
`in each of two opposite directions; and
`
`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
`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 sensors
`
`vi
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`

`

`Claim 2
`
`[2.1]
`
`[2.2]
`
`[2.3]
`
`[2.4]
`
`Claim 3
`
`[3.1]
`
`[3.2]
`
`Claim 4
`
`[4]
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`corresponding to one or more operational control
`parameters.
`
`The linear resonant vibration module of claim 1 wherein
`the switch comprises: a directional-signal d input;
`
`a voltage input;
`
`a directional-signal splitter/inverter that generates two
`complementary internal signals, d and d(cid:2), corresponding to
`directional-signal d; and
`
`two pairs of solid-state switches, a first switch of each
`pair controlled by internal signal d and a second switch of
`the pair controlled by internal signal d(cid:2), that apply the
`input voltage in a first direction to the driving component
`when the d is in a first voltage state and that apply the
`input voltage in a second direction to the driving
`component when the d is in a second voltage state.
`
`The linear resonant vibration module of claim 2 wherein
`the linear resonant vibration module further includes a
`vibration sensor; and
`
`wherein the control program continuously monitors
`output from the vibration sensor in order to adjust the
`frequency at which the control program changes the
`voltage state of the directional signal d.
`
`The linear resonant vibration module of claim 2 wherein
`the control program receives user input from one or more
`input features, including one or more of buttons, dials,
`switches, and other user-input features.
`
`vii
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`Claim 5
`
`[5.1]
`
`[5.2]
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`The linear resonant vibration module of claim 4 wherein,
`when the control program receives user input directing a
`change in vibration strength, the control program changes
`the current provided from a power supply to the driving
`component; and
`
`wherein, when the control program receives user input
`directing a change in vibration frequency, the control
`program changes the frequency at which the control
`program changes the voltage state of the directional signal
`d.
`
`Apple Inc. (“Apple” or “Petitioner”) petitions for IPR of claims 1-5
`
`(“Challenged Claims”) of U.S. Patent No. 8,093,767 (“’767 patent”). As explained
`
`in this petition, there exists a reasonable likelihood that Apple will prevail with
`
`respect to at least one of the Challenged Claims.
`
`I.
`
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104
`
`A.
`
`Grounds for Standing Under 37 C.F.R. § 42.104(a)
`
`Petitioner certifies that IPR is available and Petitioner is not barred/estopped.
`
`B.
`
`Challenge Under 37 C.F.R. § 42.104(b) and Relief
`Requested
`
`Petitioner requests IPR based on the following grounds, as further explain in
`
`this Petition and supported by a declaration from Dr. Blake Hannaford (APPLE-
`
`1003):
`
`1
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`

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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`Ground
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`Patent Claims
`
`§103 Basis
`
`1A
`
`1B
`
`1C
`
`1D
`
`2A
`
`2B
`
`1
`
`1-3
`
`1
`
`4-5
`
`1
`
`1-5
`
`Izumi-Cosper
`
`Izumi-Cosper-Rossi
`
`Izumi-Cosper-Ibuki
`
`Izumi-Cosper-Rossi-Ibuki
`
`Izumi-Cosper-Ibuki-Aldrich
`
`Izumi-Cosper-Ibuki-Aldrich-Rossi
`
`Each applied reference pre-dates U.S. provisional application 61/179,109,
`
`filed on May 18, 2009, which is the earliest filed application from which the ’767
`
`patent claims priority:
`
`Reference
`
`Date
`
`Cosper (APPLE-1009)
`
`Apr. 9, 2007 (filed)
`Oct. 9, 2008 (published)
`
`Status
`
`§102(a),
`§102(b) 1
`
`Rossi (APPLE-1020)
`
`Nov. 7, 1989 (issued)
`
`§102(b)
`
`Izumi (APPLE-1005)
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`Dec. 15, 2005 (published) §102(b)
`
`Rosenberg (APPLE-1023) Apr. 11, 2006 (issued)
`
`§102(b)
`
`Ibuki (APPLE-1038)
`
`Jul. 7, 2005 (published)
`
`§102(b)
`
`Aldrich (APPLE-1021)
`
`April 2008 (published)
`(APPLE-1022)
`
`§102(b)
`
`1 The ’767 patent claims lack §112 support in the provisional application. But
`
`even if entitled to provisional priority, Cosper is prior art under §102(a).
`
`2
`
`

`

`None of the above references were applied in a substantive office action or
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
`
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`cited during original prosecution.
`
`II.
`
`SUMMARY OF THE ’767 PATENT
`
`A. Brief Description
`
`The ’767 patent relates to linear resonant vibration modules. APPLE-1001,
`
`1:9-10, Abstract; APPLE-1003, ¶¶58-64. The vibrational forces of the linear
`
`resonant vibration module (LRVM) “are produced by a linear oscillation of a
`
`weight or component.” APPLE-1001, 3:63-66. The LRVM includes a feedback
`
`control mechanism to maintain the frequency of the vibration close to a resonant
`
`frequency. APPLE-1001, 4:12. The “frequency of vibration falls close to the
`
`resonant frequency of the LRVM, [and] results in optimal power consumption with
`
`respect to the amplitude and frequency of vibration produced by the LRVM.”
`
`APPLE-1001, 4:10-15; APPLE-1003, ¶64.
`
`B.
`
`Prosecution History
`
`The ’767 patent issued on January 10, 2012 from U.S. Patent Application
`
`No. 12/782,697 (“’697 application”), filed May 18, 2010. APPLE-1002, 197;
`
`APPLE-1003, ¶65. In response to an initial office action, Applicant cancelled the
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`single pending claim and filed new claims 2-20 that “include a control component
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`that includes a microprocessor.” Id., 87. Independent claim 2 and dependent
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`claims 3-6 were rejected over Oba(US2005/0231045) and Orr(US2005/0275508)
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`3
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`

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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`and never allowed, but a final office action identified dependent claims 7-11, as
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`allowable subject matter. APPLE-1002, 36, 52. Applicant cancelled the rejected
`
`claims, and amended claim 7 by incorporating the features of rejected base claims.
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`APPLE-1003, ¶¶65-71.
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`A notice of allowance followed, ending prosecution prematurely and without
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`consideration of more pertinent art such as Izumi, Cosper, Rosenberg, Rossi, Ibuki,
`
`and Aldrich, none of which were cited during original prosecution. APPLE-1003,
`
`¶¶67-71. While the ’767 patent touts its linear resonant vibration module as an
`
`“invention,” it is beyond reasonable debate that those of skill in the art were aware
`
`of linear vibration modules that included microprocessor and feedback control
`
`features recited in the ’767 patent claims. Id.
`
`III. LEVEL OF ORDINARY SKILL
`
`A person of ordinary skill in the art at the time of the ’767 patent (a
`
`“POSITA”) would have had a degree in mechanical engineering, electrical
`
`engineering, physics, or a related technical field, and at least 2-3 years of
`
`experience related to the design or development of systems incorporating linear
`
`actuators; additional years of experience could substitute for the advanced-level
`
`degree. APPLE-1003, ¶¶30-31.
`
`IV. Claim Construction under 37 C.F.R. §§ 42.104(b)(3)
`
`All claim terms should be construed according to the Phillips standard.
`
`4
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`

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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005); 37 C.F.R. § 42.100. The
`
`Board has repeatedly explained that “claim terms need only be construed to the
`
`extent necessary to resolve the controversy.” Wellman, Inc. v. Eastman Chem. Co.,
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`642 F.3d 1355, 1361 (Fed. Cir. 2011). As the prior art discloses the claims under
`
`each of the constructions offered in the Petition, the Board need not construe the
`
`claims to resolve unpatentability. Id.
`
`A. Means-Plus-Function Terms
`
`Certain claims recite “driving component” and “control component.” These
`
`terms do not recite “means for” and thus a presumption exists that these terms are
`
`not subject to 35 U.S.C. §112(¶6). This Petition therefore applies the plain and
`
`ordinary meaning of these terms, demonstrating unpatentability of each term
`
`consistent with its plain and ordinary meaning.
`
`And yet, because Petitioner has endeavored in the District Court to
`
`overcome the presumption against construing under §112(¶6), Petitioner also
`
`applies herein a means-plus-function (“MPF”) approach to claim construction
`
`under 35 U.S.C. §112(¶6) and demonstrates unpatentability of each term to the
`
`extent construed under 35 U.S.C. §112(¶6). APPLE-1034, 3-8. That is, to equip
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`the Board to resolve unpatentability under any plausible construction, Petitioner
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`demonstrates unpatentability of the claims under a plain meaning interpretation of
`
`these terms (e.g., as set forth in Grounds 1A-1D) and also under the means-plus-
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`5
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`function interpretation (e.g., as set forth in Grounds 2A-2B). Petitioner
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`acknowledges 37 C.F.R. 42.104(b)(3), to the extent that §112(¶6) is deemed to
`
`apply, and it has fully addressed the attendant requirement to “identify the specific
`
`portions of the specification that describe the structure, material, or acts
`
`corresponding to each claimed function” for each means-plus-function limitation,
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`and sets forth the corresponding analysis and construction under 35 U.S.C.
`
`§112(¶6) for each term below.
`
`Therefore, regardless of the interpretation adopted, the instant record
`
`demonstrates that the implicated terms are plainly satisfied in view of the overlap
`
`between the prior art cited herein and the ’767 patent specification.2 General
`
`Electric Co. v Vestas Wind Systems A/S, IPR2018-00928, Paper 9, 12-16 (PTAB
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`Nov. 5, 2018) (“rule [37 C.F.R. 42.104(b)(3)] does not prohibit a petitioner from
`
`submitting more than one construction”); Intel Corp. v Qualcomm Inc., IPR2018-
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`01340, Paper 8, 11-13 (PTAB Jan. 15, 2019); APPLE-1003, ¶¶21-23.
`
`1.
`
`“driving component” (all claims)
`
`
`
`
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`2 The claims also recite “moveable component,” which is satisfied based on
`
`any interpretation based on the overlap between the cited art and the ’767
`
`specification.
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`6
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`As agreed by Patent Owner in co-pending litigation, “driving component”
`
`should be interpreted according to the means-plus-function construction, including
`
`the identified corresponding structures, as set forth here. Claim 1 recites the
`
`“driving component” performs a specified function (“drives the moveable
`
`component”). The Petition identifies the ’767 patent’s columns 4, 5, 9 and 10 as
`
`the “specific portions of the specification that describe the structure”
`
`corresponding to the recited function of “driv[ing] the moveable component in
`
`each of two opposite directions.” 37 CFR §42.104(b)(3); APPLE-1034, 7. In
`
`particular, the ’767 patent describes one or more coils that receive alternating
`
`current as a structure that performs the recited function. For example, the ’767
`
`patent describes “a coil of conductive wire 420” such that “[w]hen an electric
`
`current is applied to the coil 420 in a first direction 422, a corresponding magnetic
`
`force 424 is generated in a direction parallel to the axis of the cylindrical chamber,
`
`which accelerates the weight 404 in the direction of the magnetic force 424,” and
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`“[a]s the weight reverses direction, as shown in FIG. 4D, current is applied in an
`
`opposite direction 430 to the coil 420, producing a magnetic force 432 in an
`
`opposite direction from the direction of the magnetic force shown in FIG. 4B,
`
`which accelerates the weight 404 in a direction opposite to the direction in which
`
`the weight is accelerated in FIG. 4B.” APPLE-1001, 4:44-60, Figures 4A-4G; see
`
`also 5:25-37; 5:49-6:14; 8:64-9:6; 9:7-20; 9:33-45; FIGS. 5A-5B (“coil 514”);
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`7
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`FIG. 6 (“coil 626”); FIGS. 10-11 (“electromagnet”); FIG. 12 (“coil 1202 and
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`1204”); FIG. 13 (“coils 1302 and 1304”); FIG. 14 (“driving coils 1412 and 1414”);
`
`FIGS. 15-17 (“coil 1510”); APPLE-1003, ¶¶28-29. For the purpose of analyzing
`
`the prior art grounds, the Petition treats these structures and their equivalents as the
`
`corresponding structure.
`
`To be clear, all Grounds include disclosure of the specific structures
`
`described by the ’767 patent for performing this function, and, regardless of
`
`whether this term is subject to §112(¶6) or plain and ordinary meaning, all
`
`Grounds set forth why this element was provided in the prior art publications.
`
`2.
`
`“control component . . .” (all claims)
`
`The claim 1 language recites the “control component” performs a specified
`
`function (“controls supply of power from the power supply to the driving
`
`component to cause the moveable component to linearly oscillate”). The ’767
`
`patent’s column 6-7 and associated description of the flowcharts shown in FIGS.
`
`7A-7C as the “specific portions of the specification that describe the structure”
`
`corresponding to the recited functions. 37 CFR §42.104(b)(3); APPLE-1034, 3-5;
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`APPLE-1046, 19. For the purpose of analyzing the prior art grounds, the Petition
`
`treats “control component” as including a microprocessor and switch, as recited in
`
`claim 1, and the microprocessor is programmed with an algorithm (refer to analysis
`
`of “control program” below, and shown in FIGS. 7A-7C of the ’767 patent). In
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`8
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`particular, the structure includes a microprocessor; a switch that receives a
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`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
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`program performs the algorithm shown in Figs. 7A–C and described at 6:15–8:3;
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`and equivalents thereof. APPLE-1001, 6:15-7:2-8:50-62; APPLE-1034, 3-5;
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`APPLE-1003, ¶¶24-27; APPLE-1046, 19-20.
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`Claim 1 recites further functions of the “control component” of
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`“control[ling] operation of the linear resonant vibration module,” “receiving output
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`signals from sensors within the linear resonant vibration module during operation
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`of the linear resonant vibration module,” and “adjusting one or more operational
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`control outputs of the control component according to the received output signals
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`from the sensors . . . .” The corresponding structure is the algorithm described at
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`col. 6, line 15 to col. 8, line 3, with reference to the “control flow diagrams that
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`illustrate the control program” at FIGS. 7A-7C. APPLE-1001, 6:18-19 (“FIG. 7A
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`provides a control-[fl]ow diagram for the high-level control program.”); 7:3-4
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`(“FIG. 7B provides a control-flow diagram for the routine ‘monitor’ called in step
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`712 of FIG. 7A.”); 7:50-51 (“FIG. 7C provides a control-flow diagram for the
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`routine ‘control,’ called in step 716 in FIG. 7A.”); APPLE-1003, ¶¶24-27. The
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`Petition treats this structure and its equivalents as the corresponding structure.
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`Patent Owner has argued in co-pending litigation that “control component”
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`should be interpreted according to plain and ordinary meaning. APPLE-1033, 2;
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`APPLE-1047, 9. Patent Owner also proposes an alternative means-plus-function
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`construction that omits much of the disclosed algorithm of the ’767 patent.
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`APPLE-1046, 19-20; APPLE-1047, 10-14.
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`Regardless, the claims are unpatentable. Specifically, the claims are
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`demonstrated unpatentable in Grounds 2A-2B that apply a means-plus-function
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`interpretation of the recited control component. As Grounds 2A-2B demonstrate
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`how the prior art addresses the claims according to the narrower means-plus-
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`function interpretation, Grounds 2A-2B likewise address each element of the claim
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`according under plain and ordinary meaning. And, the claims are demonstrated
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`unpatentable in Grounds 1A-1D, as well as 2A-2B, that apply the plain and
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`ordinary meaning interpretation and Patent Owner’s alternative means-plus
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`function construction based on Grounds 1A-1D.
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`V. DETAILED EXPLANATION OF GROUNDS
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`A. GROUND 1A – Izumi-Cosper renders obvious
`claim 1 (plain and ordinary meaning)
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`Izumi describes a linear actuator resonance system of a handheld (shaver)
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`device that provides features recited by the ’767, including the use of feedback
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`control of oscillation. Cosper details POSITA knowledge of additional known
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`implementation details, including the use of multiple sensors in feedback control,
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`which would have been readily and obviously integrated into a device that includes
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`the noted features of Izumi.
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`Under the plain and ordinary meaning of “control component,” and
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`Resonant’s means-plus-function construction (APPLE-1046, 19), claim 1 is
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`obvious based on the Izumi-Cosper combination. APPLE-1003, ¶108.
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`1.
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`Izumi
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`Izumi describes a driving unit that drives a linear actuator resonance system,
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`such as for a shaver device. APPLE-1005, Abstract, [0007]. The driving unit
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`includes a “moving element,” with a permanent magnet, an “elastic body,” and a
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`“controller.” APPLE-1005, [0009]; FIG. 1A; APPLE-1003, ¶¶72-74.
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`APPLE-1003, ¶74 (APPLE-1005, FIG. 1A (annotated)).
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`The controller determines and provides a current waveform to a wire coil,
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`and a resulting magnetic force acts on the permanent magnet to drive the “moving
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`element.” APPLE-1005, [0008]. The current waveform (shape and phase) is
`
`determined by the controller, based on an electric current that would efficiently
`
`cause motion of the moving element while managing energy loss. APPLE-1005,
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`[0008]-[0010]. A sensor 7 is configured to detect the movement of the moving
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`element during operation of the device. APPLE-1005, [0010]; [0040]-[0044];
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`[0057]; [0059]; cl. 5; FIG. 2. The sensor is electrically connected to the controller,
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`and provides detected behavior of the moving element to the controller, which in
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`turn produces the current waveform based on the detected behavior. Id.; APPLE-
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`Attorney Docket No. 50095-0177IP2
`IPR of U.S. Patent No. 8,093,767
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`1003, ¶¶74-82.
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`
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`APPLE-1005, FIG. 2.
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`2.
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`Cosper
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`
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`Cosper describes a feedback control system for maintaining resonant
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`oscillation of a linear actuator. APPLE-1009, [0049]-[0050]; FIG. 1; APPLE-
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`1003, ¶¶83-85.
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`APPLE-1003, ¶86 (APPLE-1009, FIG. 1 (annotated)).
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`The controller includes “hardware” and “software”—a microprocessor—that
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`provides control logic to drive and maintain the moveable subassembly at or near
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`resonance. APPLE-1009, [0049], [0056]; APPLE-1003, ¶86 (explaining a
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`POSITA would have understood Cosper’s description as reciting a
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`microprocessor). Multiple sensors are included to monitor parameters of the
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`moving mass and provide data to the control circuit, including sensors configured
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`to measure position, velocity, and/or acceleration, or other related data of the
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`moving mass. APPLE-1009, [0050] (“detect position, velocity, acceleration, etc.
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`for the subassembly” or “load or driving force applied”); [0054]; [0058]; [0069];
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`[0125]; [0127]; cls. 1-2, 7, 12, 17, 23, 28; Abstract (“position or motion”); APPLE-
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`1003, ¶¶87-90. “Feedback on the position, velocity, and/or acceleration of the
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`mass” is input to the controller, and the controller processes the feedback signal
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`and generates drive signals “to maintain mechanical oscillation at the mechanical
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`resonant frequency of the system.” APPLE-1009, [0008]-[0010].
`
`3.
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`Predictable Izumi-Cosper Combination
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`A POSITA would have been motivated to implement Izumi’s linear actuator
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`that utilizes sensor feedback in accordance with Cosper’s suggestions for utilizing
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`multiple sensors, and use of a microprocessor as a controller. APPLE-1003,
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`¶¶109-122. Izumi’s driving unit for driving a linear actuator resonance system
`
`includes a controller that drives a moving element. APPLE-1005, [0007]-[0008].
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`Similar prior art systems, such as Cosper, demonstrated the conventional
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`knowledge of using more than one sensor to precisely monitor and control
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`vibrations of the actuator, and a microprocessor that receives inputs from the
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`sensors and that generates control signals to control the actuators. Id.; APPLE-
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`1003, ¶109.
`
`In the combined system, Izumi’s LRVM would have included multiple
`
`sensors, such as sensors that “detect position, velocity, acceleration, etc.,” or a
`
`“load or driving force,” respectively, in accordance with Cosper’s teachings.
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`APPLE-1003, ¶110; APPLE-1009, [0050]; APPLE-1005, [0041] (“detects a
`
`behavior of the moving element 1, such as amplitude, velocity, acceleration,
`
`vibration force, frequency, and a moving direction.”); APPLE-1005, [0014]-
`
`[0015], [0039], [0059]. The sensors would monitor the moving element during
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`operation, and would communicate the detected sensor data to the controller,
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`which would in turn generate the control signal, in accordance with Izumi.
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`APPLE-1003, ¶110.
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`Additionally, Izumi’s “controller” would have been implemented using a
`
`microprocessor and memory, in accordance with Cosper’s suggestions. APPLE-
`
`1003, ¶111. The microprocessor receives inputs such as signals from the sensors
`
`(e.g., including from sensors that detect position, velocity, acceleration, load, etc.),
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`and generates the “control signals” for control of the oscillating movement in
`
`accordance with Izumi. APPLE-1005, [0040]; [0047]-[0050]; [0060]-[0062];
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`FIGS. 2, 22A, 23A; APPLE-1003, ¶111.
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`Multiple reasons would have prompted a POSITA to utilize multiple sensors
`
`for feedback control, and a “microprocessor” and memory, in accordance with
`
`Cosper’s suggestions, in Izumi’s LRVM. APPLE-1003, ¶¶113-122.
`
`First, a POSITA would have been motivated to combine Izumi and Cosper
`
`to achieve the benefit of monitoring the real-time movement with a high level of
`
`accuracy and precision. APPLE-1003, ¶114; APPLE-1005, [0041], [0050], [0059].
`
`Izumi describes that a controller drives the moving element, while a sensor within
`
`the driving unit detects the movement of the moving element. APPLE-1005,
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`[0010]. A POSITA would have predictably looked to other teachings such as
`
`Cosper to implement and further this objective, especially because Izumi expressly
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`Attorney Docket No. 50095-0177IP2
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`indicates that its “sensor 7 is not limited to” a particular sensor. APPLE-1005,
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`[0059]. Moreover, Izumi describes detecting “amplitude, velocity, acceleration,
`
`vibration force, frequency, and a moving direction,” and Cosper describes
`
`including more than one sensor to measure such data, and that each sensor
`
`provides feedback to the controller. APPLE-1009, [0050]-[0051], [0054], [0125];
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`APPLE-1005, [0041]. Utilizing additional sensors (e.g., position, velocity,
`
`acceleration) to monitor movement of the moving element, in accordance with
`
`Cosper’s suggestions, would have facilitated additional information about real-time
`
`motion of the magnet head to promote characterization of the movement, and a
`
`robust feedback control loop. APPLE-1003, ¶114.
`
`Second, a POSITA would have been motivated to combine Izumi and
`
`Cosper to achieve the benefit of enhancing reliability of the feedback system by
`
`utilizing multiple sensors that can capture data specific to different operating
`
`parameters. For example, utilization of multiple sensors would hav