IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Elenga et al.
`In re Patent of:
`Attorney Docket No. 50095-0178IP1
`
`8,860,337
`U.S. Patent No.:
`
`October 14, 2014
`Issue Date:
`
`Appl. Serial No.: 13/345,607
`
`Filing Date:
`January 6, 2012
`Title:
`LINEAR VIBRATION MODULES AND LINEAR-RESONANT
`VIBRATION MODULES
`
`
`
`
`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. 8,860,337 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`

`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`TABLE OF CONTENTS
`
`I.
`
`II.
`
`INTRODUCTION ........................................................................................... 1
`
`REQUIREMENTS FOR IPR .......................................................................... 1
`A. Grounds for Standing ................................................................................ 1
`B. Challenge and Relief Requested ............................................................... 1
`C. Claim Construction ................................................................................... 2
`1. Means-Plus-Function Terms ........................................................... 2
`
`III.
`
`’337 PATENT .................................................................................................. 6
`A. Brief Description ....................................................................................... 6
`B. Prosecution History ................................................................................... 6
`
`IV. APPLICATION OF PRIOR ART ................................................................... 7
`A. GROUND 1: Wakuda-Ramsay Renders Obvious Claims 1-4 (Plain-and-
`Ordinary Meaning and Patent Owner’s Means-Plus-Function
`Construction)............................................................................................. 7
`1. Wakuda ............................................................................................ 7
`2.
`Ramsay ............................................................................................ 9
`3. Wakuda-Ramsay Combination .....................................................10
`4. Analysis .........................................................................................13
`B. GROUND 2: Wakuda-Ramsay-Rossi-Aldrich Renders Obvious Claims
`1-4 (Both Parties’ Means-Plus-Function Constructions) .......................31
`1.
`Rossi ..............................................................................................31
`2. Aldrich ...........................................................................................31
`3. Wakuda-Ramsay-Rossi-Aldrich Combination..............................32
`4. Analysis .........................................................................................38
`C. GROUND 3A: Gregorio-Ramsay-Wakuda Renders Obvious Claims 1,
`2, and 4 (Plain-and-Ordinary Meaning and Patent Owner’s Means-Plus-
`Function Construction) ...........................................................................50
`1. Gregorio .........................................................................................50
`2. Gregorio-Ramsay-Wakuda Combination ......................................53
`3. Analysis .........................................................................................57
`D. GROUND 3B: Gregorio-Ramsay-Tierling Renders Obvious Claims 2,
`3, and 4 (Plain-and-Ordinary Meaning and Patent Owner’s Means-Plus-
`Function Construction) ...........................................................................66
`1.
`Tierling ..........................................................................................66
`2. Gregorio-Ramsay-Tierling ............................................................68
`3. Analysis .........................................................................................70
`
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`E. GROUND 4A: Gregorio-Ramsay-Wakuda-Rossi-Aldrich Renders
`Obvious Claims 1, 2, and 4 (Both Parties’ Means-Plus-Function
`Constructions) .........................................................................................75
`1. Gregorio-Ramsay-Wakuda-Rossi-Aldrich ....................................75
`2. Analysis .........................................................................................79
`F. GROUND 4B: Gregorio-Ramsay-Tierling-Rossi-Aldrich Renders
`Obvious Claims 2, 3, and 4 (Both Parties’ Means-Plus-Function
`Constructions) .........................................................................................80
`
`V. DISCRETIONARY CONSIDERATIONS ...................................................80
`
`VI. PAYMENT OF FEES ...................................................................................86
`
`VII. CONCLUSION ..............................................................................................86
`
`VIII. MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) .........................86
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1)..............................86
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2) .......................................86
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ...................87
`D. Service Information ................................................................................87
`
`
`
`
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`LIST OF EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 8,860,337
`
`APPLE-1002
`
`U.S. Patent No. 8,860,337 File History
`
`APPLE-1003
`
`Declaration of Blake Hannaford
`
`APPLE-1004
`
`U.S. Patent No. 7,843,277 to Pedro Gregorio, et al.
`(“Gregorio”)
`
`APPLE-1005
`
`U.S. Patent No. 7,005,811 to Hiroshi Wakuda, et al.
`(“Wakuda”)
`
`APPLE-1006
`
`U.S. Patent Application Publication. No. 2008/0294984 to Erin
`B. Ramsay, et al. (“Ramsay”)
`
`APPLE-1007
`
`U.S. Patent Application Publication No. 2006/0109256 to
`Danny A. Grant, et al. (“Grant”)
`
`APPLE-1008
`
`U.S. Patent Application Publication No. 2005/0134561 to
`Kollin M. Tierling, et al. (“Tierling”)
`
`APPLE-1009
`
`U.S. Patent Publication No. 2008/0246532 (“Cosper”)
`
`APPLE-1010
`
`U.S. Patent Application Publication No. 2008/0198139 to
`Robert Andre Lacroix, et al. (“Lacroix”)
`
`APPLE-1011
`
`U.S. Patent Application Publication No. 2005/0134562 to
`Danny Grant, et al.
`
`APPLE-1012
`
`C. McLyman, Transformer and Inductor Design Handbook,
`Marcel Dekker, Third Edition, Revised and Expanded, 2004
`
`APPLE-1013
`
`U.S. Patent No. 6,088,017 to Mark R. Tremblay, et al.
`
`APPLE-1014
`
`U.S. Patent No. 8,686,952 to Bobby Burrough, et al.
`
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`APPLE-1015
`
`U.S. Patent No. 8,207,832 to Jue Byung Yun, et al.
`
`APPLE-1016
`
`U.S. Patent No. 8,203,640 to Jong Hwan Kim, et al.
`
`APPLE-1017
`
`U.S. Patent Application Publication No. 2007/0285216 to
`Kollin M. Tierling, et al.
`
`APPLE-1018
`
`Thorsten A. Kern, Engineering Haptic Devices: A Beginner's
`Guide for Engineers, Springer, 2009
`
`APPLE-1019
`
`U.S. Patent No. 6,982,696 to Erik J. Shahoian
`
`APPLE-1020
`
`U.S. Patent No. 4,879,641 to Domenico Rossi, et al. (“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 to Louis B. Rosenberg, et al.
`(“Rosenberg”)
`
`
`APPLE-1024
`
`U.S. Patent No. 5,736,797 to Ryo Motohashi, et al.
`(“Motohashi”)
`
`APPLE-1025
`
`U.S. Patent No. 5,955,799 to Hidetoshi Amaya, et al.
`(“Amaya”)
`
`APPLE-1026
`
`J. Peckol, Embedded Systems, A contemporary Design Tool,
`2008 (“Peckol”)
`
`APPLE-1027
`
`Corrosion - two case studies: aluminium and iron, Primary
`Connections: Linking science with literacy, available at
`https://www.primaryconnections.org.au/themes/custom/connect
`ions/assets/SBR/data/Chem/sub/corrosion/corrosion.htm#:~:tex
`t=When%20it%20starts%20to%20corrode,keep%20attacking%
`20the%20underlying%20iron (retrieved 2/12/2024)
`
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`APPLE-1028
`
`How to Protect Aluminum From Corrosion, OneMonroe,
`available at https://monroeengineering.com/blog/how-to-
`protect-aluminum-from-corrosion/ (retrieved 2/12/2024)
`
`APPLE-1029
`
`Electrical Conductivity of Materials, Blue Sea Systems,
`https://www.bluesea.com/resources/108/Electrical_Conductivit
`y_of_Materials (retrieved 2/12/2024)
`
`APPLE-1030
`
`Thermal Conductivity, available at hyperphysics.phy-
`astr.gsu.edu/hbase/Tables/thrcn.html (retrieved 2/12/2024)
`
`APPLE-1031
`
`U.S. Patent No. 8,134,437 to Elliot Brooks
`
`APPLE-1032
`
`Magnetic Materials, Phys 251; archived at Wayback Machine;
`citing a capture dated March 23, 2002
`(https://web.archive.org/web/20020323183824/http://webphysi
`cs.iupui.edu/webscience/physics_archive/magneticmaterials.ht
`ml)
`
`APPLE-1033
`
`Resonant Systems Proposed Claim Constructions, 7-23-cv-
`00077 (WDTX) (Feb. 15, 2024)
`
`APPLE-1034
`
`Apple, Inc. Proposed Claim Constructions, 7-23-cv-00077
`(WDTX) (Feb. 15, 2024)
`
`APPLE-1035
`
`Types of Magnetism, DolTPoMS, Department of Materials
`Science and Metallurgy, University of Cambridge; archived at
`Wayback Machine; citing a capture dated October 9, 2006
`(https://web.archive.org/web/20061015000000*/https://www.d
`oitpoms.ac.uk/tlplib/ferromagnetic/types.php)
`
`APPLE-1036
`
`Motion to Transfer Venue, 7-23-cv-00077 (WDTX)
`
`APPLE-1037
`
`Moskowitz, B.M. (1991). Hitchhiker’s Guide to Magnetism. In
`Environmental Magnetism Workshop, pp. 1–38. Minneapolis:
`The Institute for Rock Magnetism and the Global Paleorecords
`Research Training Group
`
`v
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`APPLE-1038
`
`Resistance and Ohm’s Law; archived at Wayback Machine;
`citing a capture dated February 18, 1999
`(https://web.archive.org/web/19990218085938/https://physics.b
`u.edu/~duffy/PY106/Resistance.html)
`
`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 Publication No. 2005/0275294 (“Izumi”)
`
`APPLE-1044
`
`[RESERVED]
`
`APPLE-1045
`
`[RESERVED]
`
`APPLE-1046
`
`Apple, Inc. Opening Claim Construction Brief, 7-23-cv-00077
`(WDTX) (March 21, 2024)
`
`APPLE-1047
`
`Resonant Systems, Inc’s Responsive Claim Construction Brief,
`7-23-cv-00077 (WDTX) (April 11, 2024)
`
`
`
`
`
`
`
`
`
`
`
`
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`LISTING OF CLAIMS
`
`Claim 1
`
`[1pre] A linear vibration module comprising:
`
`[1a]
`
`a housing;
`
`[1b]
`
`a moveable component;
`
`[1c]
`
`a power supply;
`
`[1d]
`
`user-input features;
`
`a driving component that drives the moveable component in each of
`two opposite directions within the housing;
`
`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 user input
`received from the user-input features; and
`
`flux paths comprising a paramagnetic material that is shaped and
`positioned to reduce the reluctance of one or more magnetic circuits
`within the linear vibration module.
`
`[1e]
`
`[1f]
`
`[1g]
`
`Claim 2
`
`[2pre] A linear vibration module comprising:
`
`[2a]
`
`a housing;
`
`[2b]
`
`a moveable component;
`
`[2c]
`
`a power supply;
`
`[2d]
`
`user-input features;
`
`[2e]
`
`[2f]
`
`a driving component that drives the moveable component in each of
`two opposite directions within the housing; and
`
`a control component that controls supply of power from the power
`supply to the driving component to cause the moveable component to
`
`vii
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`

`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`oscillate at a frequency and an amplitude specified by user input
`received from the user-input features,
`
`[2g]
`
`wherein the control component drives simultaneous oscillation of the
`moveable component at two or more frequencies to generate complex
`vibration modes.
`
`Claim 3
`
`[3]
`
`Claim 4
`
`The linear vibration module of claim 2 wherein the complex vibration
`modes include: a primary oscillation frequency modulated by a
`modulating oscillation frequency; a beat frequency; and an aperiodic
`oscillation waveform.
`
`[4pre] A linear vibration module comprising:
`
`[4a]
`
`a housing;
`
`[4b]
`
`a moveable component;
`
`[4c]
`
`a power supply;
`
`[4d]
`
`user-input features;
`
`a driving component that drives the moveable component in each of
`two opposite directions within the housing; and
`
`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.
`
`[4e]
`
`[4f]
`
`
`
`viii
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`I.
`
`INTRODUCTION
`
`Apple Inc. (“Apple” or “Petitioner”) petitions for IPR of claims 1-4
`
`(“Challenged Claims”) of U.S. Patent No. 8,860,337 (“the ’337 patent”).
`
`II. REQUIREMENTS FOR IPR
`
`A. Grounds for Standing
`
`Apple certifies that the ’337 patent is available for IPR and that Petitioner is
`
`not barred or estopped from requesting this review challenging the Challenged
`
`Claims on the below-identified grounds.
`
`B. Challenge and Relief Requested
`
`The Challenged Claims are invalid based on the grounds below. Dr. Blake
`
`Hannaford provides supporting testimony in his Declaration (APPLE-1003).
`
`Ground
`
`Claims
`
`1
`
`2
`
`3A
`
`3B
`
`4A
`
`4B
`
`1-4
`
`1-4
`
`1, 2, 4
`
`2, 3, 4
`
`1, 2, 4
`
`2, 3, 4
`
`§103
`
`Wakuda, Ramsay
`
`Wakuda, Ramsay, Rossi, Aldrich
`
`Gregorio, Ramsay, Wakuda
`
`Gregorio, Ramsay, Tierling
`
`Gregorio, Ramsay, Wakuda, Rossi, Aldrich
`
`Gregorio, Ramsay, Tierling, Rossi, Aldrich
`
`Each applied reference pre-dates U.S. provisional application 61/179,109,
`
`filed on May 18, 2009 (“Critical Date”), which is the earliest filed application from
`
`which the ’337 patent claims priority. Petitioner does not concede that the Critical
`
`1
`
`

`

`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`Date is May 18, 2009, but has applied references that pre-date the Critical Date and
`
`qualify as prior art as shown below.
`
`Reference
`
`Gregorio
`
`Wakuda
`
`Tierling
`
`Ramsay
`
`Rossi
`
`Aldrich
`
`Date
`
`Pre-AIA Section
`
`12/16/2008 (filed),
`11/30/2010 (published)
`
`2/28/2006
`
`6/23/2005
`
`11/27/2008
`
`11/7/1989
`
`4/2008 (APPLE-1022)
`
`§102(e)
`
`§102(b)
`
`§102(b)
`
`§102(a)
`
`§102(b)
`
`§102(b)
`
`C. Claim Construction
`
`All claim terms should be construed according to the Phillips standard. 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.,
`
`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.
`
`1. Means-Plus-Function Terms
`
`Certain claims recite “driving component” and “control component” as
`
`discussed below. 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). Although Patent
`
`Owner currently agrees in co-pending litigation that the terms “control component”
`
`2
`
`

`

`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`and “driving component” should be interpreted according to the means-plus-
`
`function construction, Patent Owner initially asserted that these terms are under the
`
`plain-and-ordinary meaning interpretation. APPLE-1046, 5, 8; APPLE-1033, 1-2,
`
`4. In view of Patent Owner’s inconsistent positions, this Petition demonstrates
`
`unpatentability by applying both the plain-and-ordinary meaning and the means-
`
`plus-function meaning of these terms. Indeed, the Petition’s plain-and-ordinary
`
`meaning interpretation (Grounds 1, 3A-3B) and means-plus-function interpretation
`
`(Grounds 2, 4A-4B) cover all of Patent Owner’s various means-plus-function
`
`treatments of the terms.
`
`The corresponding analysis and construction under 35 U.S.C. §112(¶6) for
`
`each term is provided below. 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 ’337 patent specification.
`
`General Electric Co. v Vestas Wind Systems A/S, IPR2018-00928, Paper 9, 12-16
`
`(PTAB Nov. 5, 2018) (“the rule does not prohibit a petitioner from submitting
`
`more than one construction”); Intel Corp. v Qualcomm Inc., IPR2018-01340, Paper
`
`8, 11-13 (PTAB Jan. 15, 2019); APPLE-1003, [21]-[29].
`
`(a)
`
`“control component”
`
`As agreed by Patent Owner in co-pending litigation, the term “control
`
`component” in claim 2 is a means-plus-function limitation because it uses non-
`
`3
`
`

`

`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`structural general placeholder (“component”) defined by a specified function
`
`(“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 user input received from the user-input features” and “drives
`
`simultaneous oscillation of the moveable component at two or more frequencies to
`
`generate complex vibration modes”). This Petition treats “control component” in
`
`claim 2 as including one of the switches shown in Figures 5A-6 and described at
`
`5:45-65, 6:2-8 and the processor (also referred to as microprocessor,
`
`microcontroller, or CPU) that performs the algorithm shown in Figures 7A-7C and
`
`described at 6:43-8:30 and 13:3-41, and equivalents of this structure. 37 CFR
`
`§42.104(b)(3); APPLE-1046, 12-13; APPLE-1034, 5; APPLE-1003, [25].
`
`Similarly, claims 1 and 4 recite that 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 oscillate at a frequency and an
`
`amplitude [that are independently] specified by user input received from the user-
`
`input features”). This Petition treats “control component” in claims 1 and 4 as
`
`including one of the switches shown in Figures 5A-6 and described at 5:45-65, 6:2-
`
`8 and the processor (also referred to as microprocessor, microcontroller, or CPU)
`
`that performs the algorithm shown in Figures 7A-7C and described at 6:43-8:30,
`
`and equivalents of this structure. APPLE-1034, 5; APPLE-1003, [24].
`
`4
`
`

`

`Grounds 2 and 4A-4B demonstrate unpatentability under the means-plus-
`
`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`function interpretation.
`
`While agreeing on the means-plus-function treatment as to claim 2 in co-
`
`pending litigation, Patent Owner identifies an alternative means-plus-function
`
`construction that only includes some unspecified part of the disclosed algorithm of
`
`the ’337 patent. APPLE-1046, 12-13; APPLE-1047, 14-19. Regardless, as
`
`discussed below, the claims are also unpatentable under Patent Owner’s various
`
`means-plus-function positions as to the “control component.” Infra, Grounds 1
`
`([2f]-[2g]), 2 ([2f]-[2g]), 3A ([2f]-[2g]), 4A ([2f]-[2g]); APPLE-1003, [26]-[27].
`
`(b)
`
`“driving component”
`
`As agreed by Patent Owner in co-pending litigation, the term “driving
`
`component that drives the moveable component to oscillate within the housing” is
`
`a means-plus-function limitation because it uses a non-structural generic
`
`placeholder (“component”) defined only by functional limitations (“driv[ing] the
`
`moveable component to oscillate within the housing”). The ’337 patent describes
`
`the following structures that perform the recited function when they receive
`
`alternating current: “a coil of conductive wire 420” (Figures 4A-4G); “coil 514”
`
`(Figures 5A-5B); “coil 626” (Figure 6); “electromagnet” (Figures 10-11);
`
`“additional coils 1202 and 1204” (Figure 12); “coils 1302 and 1304” (Figure 13);
`
`“driving coils 1412 and 1414” (Figure 14); “coil 1510” (Figures 15-17); “stator
`
`5
`
`

`

`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
`
`
`coils” (Figures 24A-25). APPLE-1001, 5:2-34, 5:54-59, 6:32-35, 9:11-52, 9:64-
`
`10:22, 14:5-9. 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.
`
`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.
`
`III.
`
`’337 PATENT
`
`A. Brief Description
`
`The ’337 patent provides “vibration modules that can be incorporated into a
`
`wide variety of different types of electromechanical devices and systems to
`
`produce vibrations of selected amplitudes and frequencies over a wide range of
`
`amplitude/frequency space.” APPLE-1001, 1:14-19; APPLE-1003, [36]-[45].
`
`“[T]he vibrational forces are produced by a linear oscillation of a weight or
`
`component within the LVM [linear vibration module].” Id., 4:17-32.
`
`B.
`
`Prosecution History
`
`The Examiner issued one office action with prior art rejections and
`
`indication of allowable claims. APPLE-1002, 114-118. In response, Applicant
`
`rewrote the allowable claims in independent form without substantive argument,
`
`which subsequently led to allowance. Id., 141-146, 153-157; APPLE-1003, [46]-
`
`6
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`[56].
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`IV. APPLICATION OF PRIOR ART
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`A. GROUND 1: Wakuda-Ramsay Renders Obvious Claims 1-4
`(Plain-and-Ordinary Meaning and Patent Owner’s Means-
`Plus-Function Construction)
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`1. Wakuda
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` Wakuda provides “a vibration generator system, which can generate
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`vibrations at a frequency that can be bodily sensed by humans, while being small
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`in size, and which makes setting of a configuration of vibrations easy.” APPLE-
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`1005, 2:13-17; APPLE-1003, [64]-[66]. Wakuda’s “vibration generator means 1”
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`includes “cylindrical-shaped casing 2,” “covers 3,” “coil 5,” “movable body 6”
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`including weight 7 and magnet M, and “energizing members 9” (e.g., “cone coil
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`springs”). Id., 4:30-5:24.
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`APPLE-1005, Figure 1A
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`Wakuda generates “drive signal S1” for driving the movable body, which
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`includes “an accumulation signal S1a” that “excites resonant vibrations at the
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`natural frequency in the movable body 6,” and “a damping signal S1b” thereafter.
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`APPLE-1005, 7:9-17, 8:40-48, Figure 4. Referring to Figure 5, “where the
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`accumulation signal S1a and the damping signal S1b are made consecutive and
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`signals composed of a set of the accumulation signal S1a and the damping signal
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`S1b are given at a cycle Te,” “the movable body 6 vibrates at the natural frequency
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`(resonance frequency), its amplitude increasing with time for the accumulation
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`signal S1a, and damping with time for the damping signal S1b.” Id., 9:12-15.
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`“[A] line connecting peaks of amplitude of the movable body 6 together is shown
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`as an envelope E, the envelope E increasing or decreasing according to the cycle
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`Te of the accumulation signal S1a and the damping signal S1b, and a frequency fe
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`of the envelope E corresponding to 1/Te.” Id., 9:15-20. As such, “[a] frequency of
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`the envelope is in a lower band than a natural frequency. The envelope is varied
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`whereby changes in intensity of vibrations are given to humans. Since changes in
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`intensity of vibrations are easy to be bodily sensed as changes in feeling of
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`pressure and the frequency of the envelope is in a frequency band, which can be
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`bodily sensed effectively, humans can surely detect vibrations.” Id., 2:29-40.
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`APPLE-1005, Figure 5
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`2.
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`Ramsay
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`Ramsay provides techniques for “enabling a regular user of an end user
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`device, such as a cellular telephone, to customize parameters associated with haptic
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`effects applied to the user by the end user device.” APPLE-1006, Abstract;
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`APPLE-1003, [67]-[70]. “[T]he user may access programmable haptic design
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`software 30 via GUI 24” to modify “parameters or characteristics of a haptic
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`output” that “include a frequency of vibration and amplitude of vibration. Id.,
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`[0030]-[0035], [0046], [0053], Figure 4. Ramsay also can “enable[] the user to
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`enter one or more frequencies for the haptic track or even continually changing
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`frequencies to be played along the length of the haptic track,” and “combine or mix
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`different haptic tracks together if desired to provide a fuller haptic experience.”
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`Id., [0015], [0030], [0037], [0046]-[0047].
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`3. Wakuda-Ramsay Combination
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`In the predictable combination, Wakuda’s system is implemented to enable a
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`user to specify parameters (e.g., frequency and amplitude) associated with haptic
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`effects, according to Ramsay. APPLE-1003, [92]-[93]. The resulting system
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`provides Wakuda’s “small-sized terminal devices, such as portable telephones,
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`PDA, portable game equipment[],” that are implemented to store the user-specified
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`haptic effects to be selected and used in generating desired haptic feedback. Id.;
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`APPLE-1005, 1:11-14. Further, Wakuda-Ramsay’s terminal device includes
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`“input/output devices” equipped in Ramsay’s “end user device” similar to
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`Wakuda’s terminal device. APPLE-1003, [93]; APPLE-1006, [0019], [0022]-
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`[0024]. Ramsay modifies Wakuda’s system to embed “[s]oftware and systems”
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`“according to the teachings [of Ramsay], to lead a user through the process of
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`entering and/or modify[ing] parameters and characteristics of haptic tracks.”
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`APPLE-1006, [0015]; APPLE-1003, [93]. Particularly, the memory device in
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`Wakuda-Ramsay (e.g., Ramsay’s memory) would store “a software program for
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`enabling an end user to create and/or modify haptic effects, the software program
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`of which can be executed by processor,’ and would “also store haptic track files
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`created or modified by the user and [] also store mixed track files, which include
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`multiple haptic tracks combined together.” APPLE-1006, [0025]-[0028]; APPLE-
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`1003, [93]. Further, the resulting system would allow users to “access[]
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`programmable haptic design software 30 via GUI 24 and open[] a file to be
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`edited,” and to “interact with programmable haptic design software 30 by input and
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`output mechanisms of GUI,” as taught by Ramsay. APPLE-1006, [0037]; APPLE-
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`1003, [93].
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`A person of ordinary skill in the art (POSITA)1 would have been motivated
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`and found it obvious to modify Wakuda’s vibration generator system to be user-
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`configurable as described in Ramsay for several reasons. APPLE-1003, [94]. As
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`discussed in Ramsay, a POSITA would have recognized that the capability of
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`modifying characteristics of haptic feedback was normally limited to professional
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`designers, and that end users “typically [did] not have the option on the device
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`itself to modify characteristics of haptic feedback.” APPLE-1006, [0014];
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`APPLE-1003, [94]. Therefore, a POSITA would have looked for references like
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`Ramsay to expand the functionalities of haptic devices and allow end users to
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`freely create and customize haptic effects. APPLE-1003, [94]; APPLE-1006,
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`[0014]-[0015]. With Ramsay’s teachings, a POSITA would have been motivated
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`1 APPLE-1003, [30]-[31] (defining a POSITA).
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`to provide Wakuda’s system with Ramsay’s user tools to offer flexibility in
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`customizing haptic effects by allowing users to conveniently “create or modify the
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`haptic effect files directly on the device.” APPLE-1003, [94]. The resulting
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`system would also benefit from Ramsay’s GUI that displays haptic tracks and
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`offers various, easy-to-use mechanisms for adjusting haptic parameters. Id.;
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`APPLE-1006, [0053]-[0057].
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`Further, Wakuda-Ramsay enables the resulting system to “provide a fuller
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`haptic experience” by allowing users to “combine or mix different haptic tracks
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`together if desired” according to Ramsay. APPLE-1006, [0030], [0047]. A
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`POSITA would have recognized that vibrant haptic effects would result from the
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`combination that enables independent controlling of the frequency and amplitude
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`for oscillation. APPLE-1003, [95] (citing APPLE-1018, 224).
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`A POSITA would have had a reasonable expectation of success in making
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`the proposed modifications because Wakuda and Ramsay describe the same
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`techniques for controlling a linear actuator to produce desired output. APPLE-
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`1003, [96]; APPLE-1005, 3:42-44; APPLE-1006, [0026]. Indeed, a POSITA
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`would have recognized that Wakuda-Ramsay requires only routine knowledge of
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`software implementation techniques, which were well within the POSITA’s skill.
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`APPLE-1003, [97]. The proposed modification merely involves implementing
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`Ramsay’s software solutions in Wakuda’s hardware setup without substantially
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`changing Wakuda’s other structures. Id. The combination modifies Wakuda’s
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`system only to the extent that it is necessary to implement Ramsay’s software
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`tools, and Wakuda’s system would otherwise remain unchanged and perform its
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`intended operations. Id., [98]. Further, a POSITA would have recognized that
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`Wakuda’s and Ramsay’s purposes (e.g., providing vibrational feedback) are
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`compatible, and Wakuda-Ramsay would have accomplished those purposes in a
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`similar way that each of Wakuda and Ramsay achieves. Id. The intended
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`operations in each of Wakuda and Ramsay would be achievable in parallel to
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`receive the benefits described by each reference. Id. Therefore, combining
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`Wakuda and Ramsay was merely the application of known techniques (Ramsay’s
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`software solution for user-customization of haptic effects) to a known device
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`(Wakuda’s vibration generator system) ready for improvement to yield predictable
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`results (benefits articulated above). KSR Int’l Co. v. Teleflex Inc. 550 U.S. 398,
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`417 (2007).
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`[1pre]
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`4.
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`Analysis
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`Wakuda-Ramsay provides a linear vibration module, such as Wakuda’s
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`“bodily sensed vibration generator system mountable on small-sized information
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`terminal devices, such as portable telephones, PDA, portable game equipment.”
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`APPLE-1005, 1:11-16, 3:43-45 (“the movable body reciprocates linearly”);
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`APPLE-1003, [99]-[101]. According to Wakuda, the resulting system includes
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`“vibration generator means 1” that includes “casing 2,” “covers 3,” “coil 5,”
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`“movable body 6,” and “control means 10.” APPLE-1005, 4:30-5:24, 6:11-62.
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`The linear vibration module in the resulting system further includes “input/output
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`devices” as taught by Ramsay. APPLE-1003, [100]; APPLE-1006, [0022]-[0024];
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`§IV.A.3.
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`[1a]
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`Wakuda-Ramsay provides a housing (“casing 2”) within the resulting
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`system. APPLE-1003, [102]-[103]; APPLE-1005, 4:34-38.
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`APPLE-1005, Figure 1B2
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`[1b]
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`Wakuda-Ramsay provides a moveable component (“movable body 6”
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`2 All annotations in the figures herein are added unless otherwise indicated.
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`including “weight 7” and “magnet M”). APPLE-1003, [104]; APPLE-1005, 4:48-
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`57.
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`[1c]
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`APPLE-1005, Figure 2
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`Wakuda-Ramsay provides a power supply that supplies current to “coil 5.”
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`APPLE-1005, 4:42-47. Referring to Figure 1 below, Wakuda describes that
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`current is supplied to the coil to generate a magnetic force. Id., 6:4-10. To do so, a
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`POSITA would have understood and found obvious that Wakuda’s system
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`includes a power supply. APPLE-1003, [105].
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`Attorney Docket No. 50095-0178IP1
`IPR of U.S. Patent No. 8,860,337
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`APPLE-1005, Figure 2
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`Indeed, “terminal devices, such as portable telephones, PDA, portable game
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`equipment[]” were well-known to include a battery or connect to a power source to
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`supply power to compo