`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`
`APPLE INC.,
`Petitioner
`
`v.
`
`S.M.R INNOVATIONS LTD and Y.M.R TECH LTD
`Patent Owners
`_________________
`
`
`Inter Partes Review Case No. IPR2024-01050
`U.S. Patent No. 7,969,990
`
`
`
`
`
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 7,969,990
`
`

`

`
`I.
`II.
`
`INTRODUCTION
`THE ’990 PATENT
`The ’990 Patent’s Alleged Invention
`A.
`B.
`The ’990 Patent’s Prosecution
`C.
`Priority Date of the Challenged Claims
`D. A Person of Ordinary Skill in the Art (“POSITA”)
`III. 37 C.F.R. § 42.104 Requirements
`37 C.F.R. § 42.104(a) Standing
`A.
`B.
`Summary of Ground and Relief Requested
`C. Claim Construction Under 37 C.F.R. § 42.104(b)(3)
`“Media transformer” should be construed to capture a
`1.
`commercially available voice-to-text converter software
`module
`IV. The PRIOR ART
`A. Chihara
`BluetoothSpec
`B.
`C.
`Everett
`D. Chang
`GROUND 1: CLAIMS 1-3, 9, and 24 ARE OBVIOUS OVER
`CHIHARA, BLUETOOTHSPEC, EVERETT AND CHANG
`A. Claim 1(Pre) - Apparatus for rerouting communication
`data, comprising:
`Claim 1(a) - a mobile communication device comprising:
`B.
`C. Claim 1(a)(i) - an announcer device associated with said
`mobile communication device, and configured for indicating
`to surrounding equipment that said mobile communication
`device is available to receive rerouting, thereby to enable
`receipt of rerouted data from said surrounding equipment,
`and
`
`V.
`
`IPR2024-01050
`U.S. Patent No. 7,969,990
`
`TABLE OF CONTENTS
`
`
`1
`1
`1
`2
`3
`3
`4
`4
`4
`7
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`7
`10
`10
`11
`13
`13
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`14
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`14
`18
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`18
`
`ii
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`

`

`18
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`21
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`25
`27
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`29
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`29
`
`IPR2024-01050
`U.S. Patent No. 7,969,990
`Announcing Availability to Receive Rerouted Data From
`Surrounding Equipment
`Chihara Teaches an Announcer Device and Rerouting
`Data
`BluetoothSpec Teaches Announcing Availability –
`Inquiry Substate
`4. Motivation to Combine Chihara and BluetoothSpec
`D. Claim 1(a)(ii) - a scout device associated with said mobile
`communication device, configured for scanning
`surroundings of said associated mobile communication
`device to identify and determine availability of compatible
`equipment in the vicinity, thereby to reroute data from said
`mobile communication device to a selected one of said
`surrounding equipment, wherein said rerouting comprises
`setting up a bidirectional communication link between said
`mobile communication device and said selected surrounding
`equipment, said bidirectional link having a first link
`direction from said mobile communication device to said
`selected surrounding equipment and a second link direction
`from said selected surrounding equipment to said mobile
`communication device, said bidirectional link carrying
`streaming data over both directions of said first link
`direction and said second link direction, and wherein said
`scout device is operable to determine media type
`requirements of said compatible equipment;
`Chihara Teaches a Scout Device and Bidirectional
`1.
`Communication Link
`BluetoothSpec Teaches Scanning Surroundings to
`Identify and Determine Availability of Compatible
`Equipment
`Chihara Teaches Bidirectional Communication Link
`3.
`Chihara Teaches Media Type Requirements
`4.
`5. Motivation to Combine Chihara and BluetoothSpec
`Claim 1(a)(iii) - a media transformer, associated with said
`scout device, for transforming media into a form that
`accords with said determined media type requirements,
`wherein a plurality of types correspond to said media type
`requirements, and further comprising a user interface for
`allowing a user to select one of said media type
`
`31
`34
`38
`39
`
`1.
`
`2.
`
`3.
`
`2.
`
`E.
`
`iii
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`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`requirements for transforming at said media transformer
`and
`Chihara-Everett’s Media Transformer
`1.
`2. Motivation to Combine Chihara with Everett
`Chihara’s Plurality of Media Type Requirements
`3.
`4.
`Chihara’s User Interface for Selecting a Media Type
`Requirement
`Chang’s User Interface for Selecting a Media Type
`Requirement
`6. Motivation to Combine Chihara, BluetoothSpec, Everett,
`and Chang
`Claim 1(a)(iv) - a media cloner, associated with said media
`transformer, for making multiple copies of a single
`incoming data stream, thereby to enable said apparatus to
`redirect said single incoming data stream to a plurality of
`locations, at least some of said multiple copies being
`redirected via said media transformer.
`’990 Patent’s Media Cloner Description
`1.
`2.
`Chihara-Everett Teaches a Media Cloner
`3. Motivation to Combine Chihara and Everett
`G. Claim 2 - Apparatus according to claim 1, further
`comprising a user interface associated with said scout
`device for allowing a user to select between available
`compatible equipment to reroute data thereto.
`H. Claim 3 - Apparatus according to claim 1, wherein said
`announcer is an active device, operable to transmit at least
`status information to respective surroundings.
`Claim 9 - Apparatus according to claim 1, further
`comprising control functionality operable to carry out said
`rerouting through locally available network infrastructure.
`Claim 24 - A cellular telephone comprising the apparatus of
`claim 1.
`VI. THE BOARD’S DISCRETION UNDER 35 U.S.C. § 314(a)
`VII. CONCLUSION
`VIII. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(a)(1)
`A. Real Party-In-Interest
`
`63
`63
`64
`65
`65
`
`5.
`
`F.
`
`I.
`
`J.
`
`40
`40
`44
`46
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`48
`
`52
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`55
`
`58
`58
`58
`60
`
`60
`
`62
`
`63
`
`iv
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`

`

`B.
`C.
`
`Related Matters
`Lead and Back-Up Counsel
`
`
`
`
`
`
`IPR2024-01050
`U.S. Patent No. 7,969,990
`65
`65
`
`v
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`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`TABLE OF AUTHORITIES
`
`
`Cases:
`10x Genomics, Inc. v. Bio-Rad Laboratories, Inc., IPR2020-00086, Paper 8 (PTAB
`Apr. 27, 2020) ..................................................................................................... 21
`DraftKings Inc. v. AG 18, LLC, IPR2022-01447, Paper 12 (PTAB Mar. 14, 2023) 8
`General Electric v. Vestas, IPR2018-00928, Paper 9 (PTAB Nov. 5, 2018) ......... 21
`Google LLC v. Jawbone Innovations, LLC, IPR2022-01124, Paper 11 (PTAB Jan.
`3, 2023) ............................................................................................................... 64
`Microsoft Corp., v. WSOU Investments, LLC, IPR2021-00930, Paper 8 (PTAB
`Dec. 2, 2021) ....................................................................................................... 64
`Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed. Cir. 2005) (en banc) ................ 7
`Western Digital Corporation v. SPEX Technologies, Inc., IPR2018-00084, Paper
`14, *11 (PTAB Apr. 25, 2018) ............................................................................ 20
`Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1349 (Fed. Cir. 2015) ............... 8
`Statutes:
`35 U.S.C. § 102 .......................................................................................... 10, 11, 13
`35 U.S.C. § 112 ........................................................................................................ 8
`
`Regulations:
`37 C.F.R. § 42. ........................................................................................................ 70
`37 C.F.R. § 42.100(b) ............................................................................................... 7
`37 C.F.R. § 42.104(b) ........................................................................................... 7, 8
`37 C.F.R. § 42.8(b)(1) ............................................................................................ 65
`37 C.F.R. § 42.6(e) ................................................................................................. 71
`37 C.F.R. § 42.24 .................................................................................................... 70
`37 C.F.R. § 42.105 .................................................................................................. 71
`
`
`
`
`
`
`vi
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`

`

`I.
`
`INTRODUCTION
`Petitioner Apple Inc. requests Inter Partes Review of Claims 1-3, 9, and 24
`
`IPR2024-01050
`U.S. Patent No. 7,969,990
`
`(collectively, the “Challenged Claims”) of USPN 7,969,990 (the “’990 Patent”).
`
`’990 Patent (Ex. 1001).
`
`II. THE ’990 PATENT
`A. The ’990 Patent’s Alleged Invention
`The ’990 Patent is directed to streaming data (e.g., audio and/or video)
`
`communications where media is rerouted from a “limited capability device” (e.g.,
`
`mobile phone) to a “more capable device” (e.g., standalone display, speakers, etc.).
`
`’990 Patent (Ex. 1001), 1:15-19, 4:14-51. Fig. 1 below depicts an incoming phone
`
`call originally received at a mobile phone. The audio is cloned with one copy of the
`
`audio sent to a fixed line phone and a second copy of the audio converted to text and
`
`displayed on a monitor:
`
`1
`
`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`
`
`
`’990 Patent, Fig. 1. The ’990 Patent explains that such cloning can beneficially allow
`
`hearing impaired individuals to participate in phone calls. Id., 11:52-12:2 (teaching
`
`that, by transforming a cloned copy of the audio to text and displaying it on a nearby
`
`monitor, the “hearing impaired person ‘hears’ the conversation by reading the text
`
`appearing on the monitor” and can respond verbally via the phone’s microphone).
`
`B.
`The ’990 Patent’s Prosecution
`The originally submitted claims broadly required only announcing the
`
`availability of data available for rerouting and scouting for compatible equipment
`
`that can receive rerouted data. Over many amendments, the Challenged Claims were
`
`narrowed and ultimately required a mobile device wirelessly receiving a single
`
`incoming data stream, scanning a local wireless network for a device that can handle
`
`2
`
`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`the data stream, selecting a compatible device, cloning the data stream, transforming
`
`at least some of the cloned data streams via a media transformer, and routing the
`
`cloned data streams from the mobile device to a plurality of compatible devices. See,
`
`e.g., ’990 Patent, Claim 1. The Examiner ultimately concluded that the closest
`
`known prior art references—Ortiz, Fano, Mousseau, and Hesse—failed to teach the
`
`lengthy amended claims. ’990 FH, 452-456, 473-475 (Notice of Allowability).
`
`C.
`Priority Date of the Challenged Claims
`The ’990 Patent claims its earliest priority to a US provisional application
`
`filed July 25, 2002. ’990 Patent, (60), 1:7-10. For purposes of this Petition only,
`
`Petitioner applies July 25, 2002, as the priority date for the Challenged Claims.
`
`D. A Person of Ordinary Skill in the Art (“POSITA”)
`A POSITA at the time of the ’990 Patent would have had a master’s degree in
`
`computer engineering, electrical engineering, or a related field, with at least 2 years
`
`of experience with wireless communications. Additional education or experience
`
`might substitute for the above requirements. Dec., ¶¶29-31.1
`
`
`1 All citations to “Dec.” are to paragraph numbers in Ex. 1003, Declaration of Dr.
`
`Sayfe Kiaei.
`
`3
`
`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`
`III. 37 C.F.R. § 42.104 REQUIREMENTS
`A.
`37 C.F.R. § 42.104(a) Standing
`Apple certifies the ’990 Patent is available for IPR and Apple is not barred or
`
`estopped from requesting IPR challenging the claims of the ’990 Patent. Apple is
`
`not the owner of the ’990 Patent, has not filed civil action challenging the validity
`
`of any claim of the ’990 Patent, and this Petition is filed less than one year after
`
`Apple was served with a complaint alleging infringement of the ’990 Patent.
`
`B.
`Summary of Ground and Relief Requested
`Chihara teaches a method of routing a data stream (e.g., phone call audio,
`
`video) from a mobile device to a plurality of compatible devices (e.g., wireless
`
`headset, video watch) on a local wireless network (e.g., Bluetooth). Chihara, [0078]-
`
`[0081], [0109]-[0118], Figs. 7, 9, 13. In one embodiment, phone call audio is sent to
`
`a wireless headset while simultaneously streaming video of the caller to a wristwatch
`
`display:
`
`4
`
`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`
`
`
`Chihara, Fig. 7. The Ground below establishes that a POSITA would have been
`
`motivated to utilize this expressly described hardware arrangement in support of the
`
`hearing impaired. Namely, phone call audio is exchanged with the wireless headset
`
`as in Chihara’s native embodiment, allowing the user to participate in the call
`
`normally. But that same audio is additionally converted to text and displayed on
`
`Chihara’s watch display, improving the hearing impaired caller’s ability to discern
`
`what the other party is saying. Such speech to text functionality was a well-known
`
`solution that allows those with hearing impairments to participate in audio phone
`
`calls. As discussed below, Everett describes this exact arrangement in which a
`
`5
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`

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`IPR2024-01050
`U.S. Patent No. 7,969,990
`hearing impaired2 caller is provided a text version of the conversation in addition to
`
`the audio, which improves their ability to participate. See Everett, 1:47-56, 2:19-23,
`
`2:35-38, 2:44-48, 2:66-3:5, 3:21-52, Figs. 1-2.
`
`The Ground below also establishes that a POSITA would have looked to the
`
`art for guidance on low-level (and well-known) implementation details that are not
`
`described in detail by Chihara. First, Bluetooth—the wireless protocol expressly
`
`proposed by Chihara—included device announcing and scouting functionality
`
`aligned with the Challenged Claims. The Ground relies on the details of this
`
`functionality described in BluetoothSpec and proposes that a POSITA would have
`
`been motivated to use such functionality to connect Chihara’s wireless headset and
`
`wireless watch display. Second, while Chihara teaches a mobile phone with an LCD
`
`screen and buttons, Chihara does not describe the specific user interactions with the
`
`phone to make selections. A POSITA would, however, have been motivated to
`
`implement Chihara such that a user could make necessary selections to deploy
`
`Chihara’s expressly described functionalities and would have looked for guidance
`
`in the field of mobile device user interfaces. The Ground relies on Chang, which
`
`
`2 A POSITA would have understood that “hearing-impaired,” as used by Everett, is
`synonymous with the ’990 Patent’s use of “hearing impaired.” Dec., n.2 and ¶89.
`Petitioner uses “hearing impaired” throughout for clarity.
`
`6
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`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`teaches a mobile device with user interfaces for making selections between multiple
`
`wireless devices.
`
`In view of the prior art and evidence presented, IPR should be instituted and
`
`the Challenged Claims cancelled. 37 C.F.R. § 42.104(b)(1)-(2).
`
`Ground 1
`
`Proposed Ground of Unpatentability
`Claims 1-3, 9, and 24 are obvious under § 103(a) over Chihara,
`BluetoothSpec, Everett, and Chang
`
`Section V maps the evidence to each element of the Challenged Claims. 37
`
`C.F.R. § 42.104(b)(4)-(5).
`
`C. Claim Construction Under 37 C.F.R. § 42.104(b)(3)
`In this proceeding, claims are interpreted under the same standard applied by
`
`Article III courts (i.e., the Phillips standard). 37 C.F.R. § 42.100(b); 83 Fed. Reg.
`
`197 (Oct. 11, 2018); Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed. Cir. 2005)
`
`(en banc). For all terms not expressly addressed below, Petitioner applies the plain
`
`and ordinary meaning of all claim terms as understood by a POSITA. Petitioner does
`
`not waive any argument in any litigation that claim terms in the ’990 Patent are
`
`indefinite or additional terms need construction.
`
`1.
`
`“Media transformer” should be construed to capture a
`commercially available voice-to-text converter software module
`Claim 1 recites “a media transformer . . . for transforming media into a form
`
`that accords with said determined media type requirements.” Although the claim
`
`construction process has not yet begun in the parallel litigation, Petitioner intends to
`
`7
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`IPR2024-01050
`U.S. Patent No. 7,969,990
`argue that media transformer invokes 35 U.S.C. § 112(f) (“§ 112(f)”), i.e., is a
`
`“means-plus-function” limitation, because this limitation does not recite sufficient
`
`structure for performing the recited function.3 Williamson v. Citrix Online, LLC, 792
`
`F.3d 1339, 1349 (Fed. Cir. 2015). Per 37 C.F.R. § 42.104(b)(3), Petitioner
`
`understands it is obligated to identify the “specific portions of the specification that
`
`describe the structure, material, or acts corresponding to each claimed function” for
`
`any limitations that invoke § 112(f). See also Consolidated Trial Practice Guide4
`
`(“CTPG”), 45 (“Where claim language may be construed according to 35 U.S.C. §
`
`112(f), a petitioner must provide a construction[.]”). Petitioner also recognizes that
`
`Patent Owner may contend this limitation does not invoke § 112(f). As set forth
`
`
`3 Petitioner also intends to argue in the parallel litigation that the limitation is
`indefinite because the ’990 Patent specification describes insufficient corresponding
`structure for the full scope of the function recited for the claimed “media
`transformer.” Recognizing that the Board cannot address indefiniteness in an IPR
`proceeding, Petitioner satisfies its burden by advancing a means-plus-function
`construction in the IPR based on the limited corresponding structure described in the
`’990 Patent. See DraftKings Inc. v. AG 18, LLC, IPR2022-01447, Paper 12 at 25
`(PTAB Mar. 14, 2023) (instituting review and accepting as procedurally proper a §
`112(f) construction advanced in an IPR where the petitioner argued in the parallel
`litigation that the claim was indefinite for failing to disclose sufficient corresponding
`structure).
`4 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`8
`
`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`below, whether construed as a means-plus function limitation or not, the limitation
`
`captures at least commercially available voice-to-text converter software modules—
`
`the expressly described structure associated with the claimed media transformer.
`
`Relevant to this limitation, the ’990 Patent explains that a media transformer
`
`may be voice-to text transformer:
`
`A media transformer 24 is responsible for transforming its input
`(incoming media) into a required media type, or types, and outputting
`the resulting media stream(s), or file(s). It too preferably has a multi-
`channel Output. The media types required as output are preferably
`specified externally. A preferred embodiment of a media transformer
`includes a voice to text transformer as discussed above.
`
`’990 Patent, 6:32-38. The patent further explains that such transformers were
`
`commercially available:
`
`Furthermore, a preferred embodiment of the present invention
`provides an ability to route an incoming voice message from say a
`mobile device or voice mailbox to a facsimile machine or display
`monitor, combined with a transformation capability—in this case an
`ability to transform voice to text. Software packages that interpret
`voice and translate into text are well known and commercially
`available. Such packages, which presently require training on a specific
`voice in order to produce reasonable results, may broaden the usage of
`voice messages. However, even without training, the best packages can
`produce sufficiently good results to enable say the hard of hearing to
`make a reasonable interpretation of an incoming voice signal. Thus
`
`9
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`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`such a rerouting-while-transforming capability may be highly
`desirable for people with special needs—impaired senses (hearing,
`vision) who may use such a capability to receive information in a form
`more usable to them.
`
`Id., 4:52-67.
`
`Per § 112(f), the disclosed structure associated with the “media transformer”
`
`limitation includes commercially available voice-to-text converter software
`
`modules. Because the prior art set forth below strictly aligns with the disclosed
`
`speech-to-text media transformation, Petitioner proposes that, for purposes of this
`
`proceeding, the recited function requires no express construction beyond its plain
`
`terms.
`
`Alternatively, if this limitation is found to not evoke § 112(f), the claimed
`
`“media transformer” must be construed broadly enough to capture the specifically
`
`disclosed example of a commercially available voice-to-text converter software
`
`module.
`
`IV. THE PRIOR ART
`A. Chihara
`Chihara was filed June 20, 2001 and published June 6, 2002, qualifying as
`
`prior art to the ’990 Patent under at least 35 U.S.C. §§ 102(a) and (e). Chihara (Ex.
`
`1004). Chihara was neither cited nor considered during prosecution of the ’990
`
`Patent.
`
`10
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`

`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`Chihara teaches a method of routing a data stream (e.g., phone call audio,
`
`video) from a mobile device to a plurality of compatible devices (e.g., wireless
`
`headset, video watch) on a local wireless network (e.g., Bluetooth) where the devices
`
`are identified as compatible to handle the data stream. Chihara, [0001], [0078]-
`
`[0081], [0109]-[0118], Figs. 7, 9, 13.
`
`Because Chihara, like the ’990 Patent, discloses routing media between
`
`electronic devices, Chihara is in the same field of endeavor as the ’990 Patent and
`
`is analogous art. Compare Chihara [0001], [0078]-[0081], [0109]-[0118], Figs. 7,
`
`9, 13, with ’990 Patent, 1:15-19; Dec., ¶¶82-84.
`
`B.
`BluetoothSpec
`BluetoothSpec was neither cited nor considered during prosecution of the ’990
`
`Patent. BluetoothSpec was released on February 22, 2001 and was publicly available
`
`at least as early as March 31, 2001, qualifying as prior art to the ’990 Patent under
`
`at least 35 U.S.C. §§ 102(a) and (b). BluetoothSpec (Ex. 1005). Dec., ¶¶85-88.
`
`Evidence establishing that BluetoothSpec was publicly available before the ’990
`
`Patent priority date include an Internet Archive Affidavit from Nathaniel E. Frank-
`
`White (Ex. 1041). The Internet Archive affidavit demonstrates that the specific
`
`version of BluetoothSpec relied upon in this Petition (i.e., Version 1.1) was publicly
`
`available for download on www.bluetooth.com as of March 31, 2001. Ex. 1041, at
`
`4. Consistent with this archived timeline, metadata in the BluetoothSpec reference
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`11
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`IPR2024-01050
`U.S. Patent No. 7,969,990
`indicates that the document relied upon by Petitioner was created on February 22,
`
`2001 and was last modified on February 23, 2001. Dec., ¶85 (discussing metadata
`
`reflected in BluetoothSpec). The Internet Archive Affidavit also reflects what
`
`appears to be the oldest archived copy of the same Version 1.1 Bluetooth
`
`Specification document used herein, establishing that BluetoothSpec was publicly
`
`available at least as early as December 17, 2001. Ex. 1041, at 7. The “created on”
`
`and “last modified” metadata contained in this archived copy of BluetoothSpec
`
`match that in the BluetoothSpec reference relied upon by Petitioner. Dec., ¶85.
`
`Further supporting that BluetoothSpec was publicly available to those in the relevant
`
`field, U.S. Patent Publication No. 2002/0035699 (“Method and System for Enabling
`
`Seamless Roaming in a Wireless Network”) “Crosbie” (Ex. 1034) was filed on July
`
`23, 2001 and notes that “[t]he Bluetooth technology is described in the Bluetooth
`
`specification version 1.1, available from Bluetooth SIG, Inc. (see also the
`
`www.bluetooth.com web site.).” Ex. 1034, [0003].
`
`BluetoothSpec teaches using mobile electronic devices to route media data
`
`between a plurality of mobile electronic devices. BluetoothSpec, 41-47, 335, 338,
`
`371, 515-18.
`
`Because BluetoothSpec, like the ’990 Patent, discloses routing media between
`
`electronic devices, BluetoothSpec is in the same field of endeavor as the ’990 Patent
`
`12
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`

`IPR2024-01050
`U.S. Patent No. 7,969,990
`and is analogous art. Compare BluetoothSpec, 41-47, 335, 338, 371, with ’990
`
`Patent, 1:15-19; Dec., ¶¶85-88.
`
`C. Everett
`Everett was neither cited nor considered during prosecution of the ’990 Patent.
`
`Everett was filed August 31, 2000, qualifying as prior art to the ’990 Patent under at
`
`least 35 U.S.C. § 102(e). Everett (Ex. 1006).
`
`Both Everett and the ’990 Patent propose solutions for facilitating phone calls
`
`involving hearing impaired individuals, employing speech-to-text transformation of
`
`phone call audio and displaying that text to a call participant. Compare Everett, 1:47-
`
`56, 2:19-23, 2:35-38, 2:44-48, 2:66-3:5, 3:21-52, Figs. 1-2 with ’990 Patent, 5:41-
`
`57, 11:53-12:2 (discussing converting voice call audio to text so a hearing impaired
`
`person can participate in a call), Fig. 1; Dec., ¶89. Therefore, Everett is reasonably
`
`pertinent to a problem described by the ’990 Patent and is analogous art. Dec., ¶89.
`
`D. Chang
`Chang was neither cited nor considered during prosecution of the ’990 Patent.
`
`Chang was filed November 18, 2001, and published May 23, 2002, qualifying as
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`prior art to the ’990 Patent under at least 35 U.S.C. §§ 102(a) and (e). Chang (Ex.
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`1007).
`
`Chang teaches an electronic system routing media data from an information
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`apparatus to an output device to be output in the form of text, graphics, images,
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`13
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`IPR2024-01050
`U.S. Patent No. 7,969,990
`video, and sound. Chang, [0001]-[0002], [0073], [0095]-[0096], [0189]. Chang
`
`teaches such information apparatus also includes an “interface” “for interactions
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`with users[,]” where such user interface includes “a keyboard, a touch-sensitive or
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`non-touch sensitive screen, push buttons, soft keys, a stylus[.]” Chang, [0074], id.
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`(“The interface may be implemented in software or hardware or a combination.”).
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`Because Chang, like the ’990 Patent, discloses routing media between
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`electronic devices, Chang is in the same field of endeavor as the ’990 Patent and is
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`analogous art. Compare Chang, [0001]-[0002], [0073], [0095]-[0096], [0189] with
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`’990 Patent, 1:15-19; Dec., ¶¶90-92.
`
`V. GROUND 1: CLAIMS 1-3, 9, AND 24 ARE OBVIOUS OVER
`CHIHARA, BLUETOOTHSPEC, EVERETT AND CHANG
`A. Claim 1(Pre) - Apparatus for rerouting communication data,
`comprising:
`To the extent the preamble is limiting, Chihara teaches Claim 1(Pre). Chihara
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`discloses a mobile video telephone system (“apparatus for rerouting communication
`
`data”)5 comprising a mobile telephone, a wrist watch-type information apparatus,
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`and a wireless headset. Chihara, [0078]. In one embodiment, Chihara teaches
`
`
`5 Corresponding claim language indicated with italics in parentheses.
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`14
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`mobile videophone system 10B comprises mobile telephone 11B, wrist watch-type
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`information apparatus 12B6, and headset 13, as depicted in Fig. 7 below:
`
`
`
`Chihara, Fig. 7. Chihara teaches that each of mobile telephone device 11B, wrist
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`watch-type information apparatus 12B, and headset 13 communicate with each other
`
`
`6 A POSITA would have understood reference to wrist watch-type information
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`apparatus 12A is a typographical error in Chihara. See Chihara, [0101], [0108]
`
`stating “wrist watch-type information apparatus 12A.” Elsewhere, the watch
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`apparatus is referred to as 12B. See Chihara, generally [0078]-[0079], [0081]-
`
`[0084], [0090], [0100]-[0105], Figs. 7-9, 12A-12B, 13, 15; Dec., n.3 and ¶93.
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`15
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`U.S. Patent No. 7,969,990
`via local bidirectional radio communication (short-distance radio communication)
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`using, for example, Bluetooth. Chihara, [0079]-[0080], [0083], [0110]; Dec., ¶93.
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`Fig. 13 below depicts a Bluetooth piconet with the mobile telephone as the “master”
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`device and the headset and wrist watch-type apparatus as “slave” devices.
`
`
`
`Chihara, Fig. 13.
`
`As described below, the mobile telephone device reroutes phone call audio to
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`a selected headset and video or text to a selected wrist watch-type information
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`apparatus using Bluetooth, and the selected headset and wrist watch-type
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`information apparatus route information back to the mobile phone (and ultimately
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`U.S. Patent No. 7,969,990
`to a calling party on the other end of the phone call or video call) using the
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`bidirectional Bluetooth connection. Dec., ¶94.
`
`Regarding “rerouting communication data,” Chihara teaches rerouting phone
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`call audio from the mobile telephone that receives the call to another device (e.g.,
`
`headset 13). For example, Chihara teaches that mobile telephone device 11B “can
`
`establish communication with a telephone set connected to a fixed telephone
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`network or another mobile telephone set accommodated in a mobile communication
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`network.” Chihara, [0079], [0109]. Chihara teaches that “upon receipt of the voice
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`data from the calling party, the microprocessor 23B of the mobile telephone device
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`11B sends to the [B]luetooth module 22 an instruction to transmit packets to the
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`headset 13.” Chihara, [0110]. After said instruction is transmitted, “a series of voice
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`data received from the calling party are sent to the [B]luetooth module 22. The
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`[B]luetooth module 22 places on the SCO packets the voice data received from the
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`calling party, and transmits them to the headset 13 (step S21).” Id. Upon receipt of
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`the packets, the headset processes the packets and outputs the call sound from
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`speaker 79. Chihara, [0111]. Similarly, the user can speak with the calling party via
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`the headset’s microphone (e.g., microphone 77), such that the communication
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`between the headset and mobile phone is bidirectional. Chihara, [0080], [0111]-
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`[0113], Fig. 9; Dec., ¶95; see also Claim 1(a)(ii) regarding bidirectional
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`communication.
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`Similarly, Chihara teaches routing image data from the calling party to the
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`wrist watch-type information apparatus (and vice versa). Chihara, [0114]-[0118],
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`[0006]-[0009], Fig. 7. Dec., ¶96.
`
`B. Claim 1(a) - a mobile communication device comprising:
`Chihara teaches a mobile videophone system 10B, including mobile
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`telephone device 11B (“mobile communication device”). Chihara, [0078]-[0081],
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`[0113], Figs. 7, 9; Dec., ¶¶97-98. See mappings for Claims 1(a)(i)-1(a)(iv), which
`
`are hereby incorporated.
`
`C. Claim 1(a)(i) - an announcer device associated with said mobile
`communication device, and configured
`for
`indicating
`to
`surrounding equipment that said mobile communication device is
`available to receive rerouting, thereby to enable receipt of rerouted
`data from said surrounding equipment, and
`1.
`
`Announcing Availability to Receive Rerouted Data From
`Surrounding Equipment
`Limitations 1(a)(i) and 1(a)(ii) recite an “announcer device” and a “scout
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`device,” each associated with the “mobile communication device[.]” Per Claim
`
`1(a)(ii), the “scout device” scans the surroundings to identify surrounding available
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`and compatible equipment such that the “mobile communication device” can
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`“reroute data from [itself] to a selected one of said surrounding equipment” (“the
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`Scouting Limitation”). In other words, the “mobile communication device” sets up
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`communication links that enable it to receive data and reroute that data to one or
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`more other compatible devices in the vicinity.
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`Claim 1(a)(i) recites an “announcer device”
`in
`the same mobile
`
`communication device that indicates to surrounding equipment that the mobile
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`communication device is available to “receive rerouting, thereby to enable receipt
`
`of rerouted data from said surrounding equipment” (“the Announcing Limitation”).
`
`The plain claim language suggests the reverse of Claim 1(a)(ii)—the subject mobile
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`communication device is receiving rerouted data from surrounding equipment,
`
`rather than rerouting data to surrounding equipment.
`
`In the parallel litigation, despite parroting the claim language of a mobile
`
`device “receiv[ing] rerouting,” Patent Owner has repeatedly and consistently
`
`interpreted Claims 1(a)(i) and 1(a)(ii) to capture a single scenario in which a mobile
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`device reroutes data to surrounding equipment. The following excerpt from Patent
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`Owner’s July 1, 2023 Complaint has remained unchanged through multiple revised
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`infringement allegations in the parallel litigation:
`
`Apple mobile devices such as iPhones comprise an announcer device
`associated with said mobile communication device, and configured for
`indicating to surrounding equipment that said mobile communication
`device is available to receive rerouting, thereby to enable receipt of
`rerouted data from said surrounding equipment via the Wi-Fi
`connection.
`For example, an Apple mobile apparatus (e.g., a smartphone or tablet)
`announces
`its availability
`to receiv