Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 1 of 18 PageID #: 4240
`Case 6:12—cv—00799—JRG Document 143-2 Filed 04/11/14 Page 1 of 18 Page|D #: 4240
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`EXHIBIT B
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`EXHIBIT B
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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 2 of 18 PageID #: 4241
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Plaintiff,
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`Case No. 6:12-cv-00799-LED
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`INVENSYS SYSTEMS, INC.,
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`
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`vs.
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`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
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`
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`Defendants,
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`and
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`MICRO MOTION INC., USA,
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`
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`Counterclaim-Plaintiff,
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`vs.
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`
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`INVENSYS SYSTEMS, INC.,
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`
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`Counterclaim-Defendant.
`
`EMERSON ELECTRIC CO.’S AND MICRO MOTION, INC.’S
`LOCAL PATENT RULE 4-2 PRELIMINARY CLAIM CONSTRUCTIONS
`AND EXTRINSIC EVIDENCE
`
`Pursuant to the Court’s Third Amended Docket Control Order (Dkt. No. 85),
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`
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`Local Patent Rule 4-2, and by stipulation of the parties, Defendant Emerson Electric Co.
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`(“Emerson”) and Defendant/Counterclaim-Plaintiff Micro Motion, Inc. (“Micro Motion”) hereby
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`exchange Preliminary Claim Constructions and Extrinsic Evidence with Plaintiff/Counterclaim-
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`Defendant Invensys Systems, Inc. (“Invensys”), regarding U.S. Patent Nos. 7,136,761 (“the ’761
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`Patent”), 7,124,646 (“the ’646 Patent”), 6,311,136 (“the ’136 Patent”), 7,505,854 (“the ’854
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`Patent), 6,754,592 (“the ’594 Patent”), 7,571,062 (“the ’062 Patent”), and 8,000,906 (“the ’906
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`4828-3753-6536.
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`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 3 of 18 PageID #: 4242
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`Patent”) (collectively, “the Invensys Patents”). In addition, Micro Motion hereby provides its
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`Preliminary Claim Constructions and Extrinsic Evidence regarding U.S. Patent Nos. 5,555,190
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`(“the ’190 Patent”) and 6,505,131 (“the ’131 Patent”) (collectively, “the Micro Motion Patents”).
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`Pursuant to Local Patent Rule 4-2, Emerson and Micro Motion are prepared to
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`meet and confer with Invensys at a mutually agreeable time and place for the purposes of
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`finalizing a combined list, narrowing or resolving differences, and facilitating the ultimate
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`preparation of a Joint Claim Construction and Prehearing Statement.
`
` Emerson’s and Micro Motion’s preliminary claim constructions and
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`identification of extrinsic evidence are based on information that is currently available and in
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`light of Invensys’s Disclosure of Asserted Claims and Infringement Contentions served on July
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`17, 2013, and its document production and other discovery provided to date. In the event that
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`Invensys is granted leave by the Court to amend its Infringement Contentions, or should other
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`terms, clauses, and claim elements become relevant, Emerson and Micro Motion reserve the
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`right to amend, expand, add, supplement, change, alter, or otherwise modify this disclosure.
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`Emerson and Micro Motion also reserve the right to amend, expand, add, supplement, change,
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`alter, or otherwise modify this disclosure should additional information become available
`
`through discovery. Further, Emerson and Micro Motion reserve the right to amend, expand, add,
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`supplement, change, alter, or otherwise modify this disclosure once they have reviewed
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`Invensys’s preliminary claim constructions and identification of extrinsic evidence (pursuant to
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`Local Patent Rule 4-2) and in light of arguments made or positions taken by Invensys as this case
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`proceeds.
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`Unless otherwise indicated, all occurrences of a term, clause, claim element, or a
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`variant thereof, should be construed in accordance with Emerson’s and Micro Motion’s
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`
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`2
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`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 4 of 18 PageID #: 4243
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`preliminary claim constructions, regardless of whether all occurrences are expressly identified
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`with respect to all applicable claims. Please note that, in many instances, Emerson and Micro
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`Motion identified in the charts below only the first claim in which a claim term appears.
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`Subject to the above limitations and reservations of rights, Emerson and Micro
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`Motion submit that the following claim constructions should be adopted by the Court. If claim
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`constructions are not provided, the “plain and ordinary meaning” of the claim terms in the
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`Invensys and Micro Motion Patents should be used. However, Emerson and Micro Motion
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`understand that given the complexity of the technology, additional guidance may be needed to
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`supplement the plain and ordinary meaning of a specific term or phrase.
`
`INVENSYS PATENTS
`
`All Claims of All Invensys Patents Emerson’s and Micro Motion’s Proposed Construction
`“configured to” and “operable to”
`Means configured to or operable to (as the case may be)
`and variants thereof
`perform the recited function under the conditions of use
`for which it was intended
`
`’761 Patent
`Emerson’s and Micro Motion’s Proposed Construction
`“input module” and “output module” should be construed
`as means-plus-function elements
`The specification does not identify structure
`corresponding to the input module and output module
`limitations
`
`
`
`Claim 1
`“input module” and “output
`module”
`
`“control system operable to modify
`the drive signal and thereby
`maintain oscillation of the flowtube
`during a transition of the flowtube
`from a first state in which the
`flowtube is substantially empty of
`liquid to a second state in which the
`flowtube is substantially full of
`liquid…”
`
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“The control system modifies the drive signal, and, except
`for programmed pauses between setpoint adjustments, the
`drive signal maintains oscillation of the flow tube at
`amplitude setpoints set by the controller throughout the
`transition from the point in time the flowtube is
`substantially empty of liquid until the flowtube is
`substantially full of liquid.”
`
`
`
`3
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`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 5 of 18 PageID #: 4244
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`
`
`Claim 5
`“maintaining oscillation during an
`onset of liquid flow through the
`substantially empty flow tube”
`
`Claim 7
`Maintaining oscillation of the
`flowtube while separate batches of
`the liquid fluid flow are processed
`through the flowtube, wherein the
`flowtube is substantially empty of
`liquid between the separate batches
`
`Claim 9
`“input module” and “output
`module”
`
`“control system operable to modify
`the drive signal and thereby
`maintain oscillation of the flowtube
`during a transition of the flowtube
`from a first state in which the
`flowtube is substantially empty of
`liquid to a second state in which the
`flowtube is substantially full of
`liquid…”
`
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Except for programmed pauses between setpoint
`adjustments, maintaining oscillation of the flow tube at
`amplitude setpoints set by the controller throughout
`transition from the point in time when the flowtube is
`substantially empty until the flowtube is no longer
`substantially empty.”
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Except for programmed pauses between setpoint
`adjustments, maintaining oscillation of the flow tube at
`amplitude setpoints set by the controller throughout the
`processing of a first batch of liquid fluid flow, the
`transition between the first and second batches that
`includes a period when the flowtube is substantially empty
`of liquid fluid flow, and the processing of a second batch
`of liquid fluid flow.”
`Emerson’s and Micro Motion’s Proposed Construction
`“input module” and “output module” should be construed
`as means-plus-function elements
`The specification does not identify structure
`corresponding to the input module and output module
`limitations.
`
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“The control system modifies the drive signal, and, except
`for programmed pauses between setpoint adjustments, the
`drive signal maintains oscillation of the flow tube at
`amplitude setpoints set by the controller throughout the
`transition from the point in time the flowtube is
`substantially empty of liquid until the flowtube is
`substantially full of liquid.”
`
`
`
`4
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`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 6 of 18 PageID #: 4245
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`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“The control system modifies the drive signal, and, except
`for programmed pauses between setpoint adjustments, the
`drive signal maintains oscillation of the flow tube at
`amplitude setpoints set by the controller throughout the
`processing of a first batch of liquid fluid flow, the
`transition between the first and second batches that
`includes a period when the flowtube is substantially empty
`of liquid fluid flow, and the processing of a second batch
`of liquid fluid flow.”
`
`’646 Patent
`Emerson’s and Micro Motion’s Proposed Construction
`The preamble is not limiting
`
`“processing devices” should be interpreted as a “means-
`plus-function” element
`The structure in the specification, to the extent it is
`identified at all, is the algorithm set forth in figures Figs.
`9, 10, 26, 42, 45, 52 and 53 of the ’646 patent, as well as
`the text accompanying those figures.
`
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertain exactly the actual flow rate of the flowing
`liquid throughout the transition from the point in time the
`flowtube is substantially empty of liquid until the
`flowtube is substantially full of liquid.”
`
`
`Claim 11
`“Wherein the control system is
`further operable to modify the drive
`signal and thereby maintain
`oscillation of the flowtube while
`separate batches of the liquid fluid
`flow are processed through the
`flowtube, wherein the flowtube is
`substantially empty of liquid in
`between the separate batches”
`
`
`
`Claim 1
`Preamble
`
`“processing devices”
`
`“determine, based on the sensor
`signal, the flow rate of the flowing
`liquid during a transition of the
`flowtube from a first state in which
`the flowtube is substantially empty
`of the flowing liquid to a second
`state in which the flowtube is
`substantially full of the flowing
`liquid”
`
`
`
`5
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`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 7 of 18 PageID #: 4246
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`
`
`Claim 5
`“determine, based on the sensor
`signal, the flow rate of the liquid
`flowing through the flowtube
`during a transition from the second
`state to the first state”
`
`Claim 9
`“determine the flow rate of the
`flowing liquid when separate
`batches of the flowing liquid pass
`through the flowtube, wherein the
`flowtube is substantially empty of
`the flowing liquid in between the
`separate batches”
`
`Claim 10
`“processing devices”
`
`“determine, based on the sensor
`signal, the flow rate of the flowing
`liquid during a transition of the
`flowtube from a first state in which
`the flowtube is substantially empty
`of the flowing liquid to a second
`state in which the flowtube is
`substantially full of the flowing
`liquid”
`
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertain exactly the actual flow rate of the flowing
`liquid throughout the transition from the point in time the
`flowtube is substantially full of liquid until the flowtube is
`substantially empty of liquid.”
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertain exactly the actual flow rate of the flowing
`liquid throughout the passage through the flowtube of a
`first batch of flowing liquid, the transition between the
`first and second batches that includes a period when the
`flowtube is substantially empty of flowing liquid, and the
`passage through the flowtube of a second batch of flowing
`liquid.”
`Emerson’s and Micro Motion’s Proposed Construction
`“processing devices” should be interpreted as a means-
`plus-function element
`The structure in the specification, to the extent it is
`identified at all, is the algorithm set forth in figures Figs.
`9, 10, 26, 42, 45, 52 and 53 of the ’646 patent, as well as
`the text accompanying those figures.
`
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertain exactly, based on the sensor signal, the actual
`flow rate of the flowing liquid throughout the transition
`from the point in time the flowtube is substantially empty
`of liquid until the flowtube is substantially full of liquid.”
`
`
`
`6
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`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 8 of 18 PageID #: 4247
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`
`
`Claim 11
`“determining, based on the sensor
`signal, the flow rate of the flowing
`liquid during a transition of the
`flowtube from a first state in which
`the flowtube is substantially empty
`of the flowing liquid to a second
`state in which the flowtube is
`substantially full of the flowing
`liquid”
`Claim 15
`“determine, based on the sensor
`signal, the flow rate of the liquid
`flowing through the flowtube
`during a transition from the second
`state to the first state”
`
`Claim 17
`“determining a total amount of the
`flowing liquid”
`
`Claim 19
`“determining the flow rate of the
`flowing liquid when separate
`batches of the flowing liquid pass
`through the flowtube, wherein the
`flowtube is substantially empty of
`the flowing liquid between the
`separate batches.”
`
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertaining exactly, based on the sensor signal, the
`actual flow rate of the flowing liquid throughout the
`transition from the point in time the flowtube is
`substantially empty of liquid until the flowtube is
`substantially full of liquid.”
`
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertain exactly the actual flow rate of the flowing
`liquid throughout the transition from the point in time the
`flowtube is substantially full of liquid until the flowtube is
`substantially empty of liquid.”
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertaining exactly the actual total amount of the
`flowing liquid that has passed through the flowtube since
`the flowing liquid started flowing.”
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertaining exactly the actual flow rate of the flowing
`liquid throughout the passage through the flowtube of a
`first batch of flowing liquid, the transition between the
`first and second batches that includes a period when the
`flowtube is substantially empty of flowing liquid, and the
`passage through the flowtube of a second batch of flowing
`liquid.”
`
`
`
`
`
`7
`
`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 9 of 18 PageID #: 4248
`
`
`’136 Patent
`Emerson’s and Micro Motion’s Proposed Construction
`The control and measurement system actually performs
`the functions set forth in the “wherein” clause
`
`“proportional plus integral control” means “control in
`which the control signal is a linear combination of the
`error signal and its integral [i.e., the summation over time
`of the error signal].” McGraw-Hill Dictionary of
`Engineering (1997) at 390.
`Emerson’s and Micro Motion’s Proposed Construction
`The control and measurement system actually performs
`the functions set forth in the “wherein” clause
`
`
`
`Claim 17
`“Wherein”
`
`“a PI control algorithm”
`
`Claim 21
`“wherein”
`
`“selectively applies a negative gain” The control and measurement system applies a gain
`having a negative value
`Emerson’s and Micro Motion’s Proposed Construction
`The control and measurement system actually performs
`the functions set forth in the “wherein” clause
`
`Claims 24 and 36
`“wherein”
`
`’854 Patent
`Emerson’s and Micro Motion’s Proposed Construction
`“Disturbance” is indefinite.
`If it is not indefinite, a disturbance is a condition which
`causes the flowmeter measurements to become unstable.
`The digital transmitter must be operable, under the
`conditions of use for which it was intended, to ascertain
`whether or not a system disturbance has occurred, and, if
`it ascertains that a system disturbance has occurred, to
`switch drive signal generating modes as a result of that
`detection
`Emerson’s and Micro Motion’s Proposed Construction
`a mode in which the control and measurement system
`digitally creates a new waveform as the drive signal rather
`than feeding back a form of the sensor signal as the drive
`signal
`
`
`
`Claim 1
`“a digital transmitter operable to
`transition the flowmeter from a first
`drive signal generating mode into a
`second drive signal generating
`mode in response to detecting a
`system disturbance”
`
`Claim 7
`“digital synthesis mode”
`
`
`
`8
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`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 10 of 18 PageID #: 4249
`
`
`Claim 8
`“transitioning the flowmeter from
`the first drive signal generating
`mode into a second drive signal
`generating mode in response to
`detecting a system disturbance”
`
`Claim 13
`“positive feedback mode”
`
`Claim 15
`“processing device”
`
`“configured to transition the
`flowmeter from a first drive signal
`generating mode into a second drive
`signal generating mode in response
`to detecting a system disturbance”
`
`Claim 20
`“positive feedback mode”
`
`Claim 21
`“digital synthesis mode”
`
`Emerson’s and Micro Motion’s Proposed Construction
`“Disturbance” is indefinite.
`If it is not indefinite, a disturbance is a condition which
`causes the flowmeter measurements to become unstable.
`Ascertaining whether or not a system disturbance has
`occurred, and, if a system disturbance has occurred,
`switching drive signal generating modes as a result of the
`detection of that disturbance.
`Emerson’s and Micro Motion’s Proposed Construction
`A mode in which the drive signal includes components of
`a sensor signal detected by the sensor and fed back to the
`driver
`Emerson’s and Micro Motion’s Proposed Construction
`“processing devices” should be interpreted as a means-
`plus-function element
`The structure in the specification, to the extent it is
`identified at all, is the algorithm set forth in figures Figs.
`7, 10, 11, 16, 17, and 18 of the ’854 patent, as well as the
`text accompanying those figures.
`
`“Disturbance” is indefinite.
`If it is not indefinite, a disturbance is a condition which
`causes the flowmeter measurements to become unstable.
`The digital transmitter must be configured such that, under
`the conditions of use for which it was intended, it
`ascertains whether or not a system disturbance has
`occurred, and, if it ascertains that a system disturbance has
`occurred, it switches drive signal generating modes as a
`result of that detection.
`Emerson’s and Micro Motion’s Proposed Construction
`A mode in which the drive signal includes components of
`a sensor signal detected by the sensor and fed back to the
`driver
`Emerson’s and Micro Motion’s Proposed Construction
`a mode in which the control and measurement system
`digitally creates a new waveform as the drive signal rather
`than feeding back a form of the sensor signal as the drive
`signal
`
`
`
`9
`
`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 11 of 18 PageID #: 4250
`
`
`’594 Patent
`Emerson’s and Micro Motion’s Proposed Construction
`The control and measurement system performs the
`functions recited in the wherein clause
`
`’062 Patent
`Emerson’s and Micro Motion’s Proposed Construction
`“data for one and only one complete cycle of the periodic
`sensor signal”
`Emerson’s and Micro Motion’s Proposed Construction
`configured such that, under the conditions of use for
`which it was intended, it applies a negative gain to the
`sensor signal that results in reduced motion of the conduit
`Emerson’s and Micro Motion’s Proposed Construction
`The average measured amplitude of a signal when the
`average actual amplitude is zero
`Emerson’s and Micro Motion’s Proposed Construction
`a “subsequent cycle” is a cycle that does not overlap with
`the current cycle whose data is being processed
`
`Emerson’s and Micro Motion’s Proposed Construction
`The second drive signal is a different mode of signal from
`the first drive signal
`Emerson’s and Micro Motion’s Proposed Construction
`The second drive signal is a different mode of signal from
`the first drive signal
`
`
`
`Claims 3, 4, 6, 8-11, 13-14
`“Wherein”
`
`
`
`Claim 12
`“data for a complete cycle of the
`periodic sensor signal”
`Claims 24 and 43
`“configured to selectively apply a
`negative gain to the sensor signal to
`reduce motion of the conduit”
`Claim 25
`“zero offset”
`
`Claim 36
`“collect data corresponding to a
`subsequent cycle of the sensor
`signal simultaneously with
`processing the data for the current
`cycle”
`Claim 40
`“second drive signal is different
`from the first drive signal”
`Claim 45
`“second drive signal is different
`from the first drive signal”
`
`
`
`
`10
`
`

`
`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 12 of 18 PageID #: 4251
`
`
`
`
`Claim 1
`“input module,” and “output
`module,”
`
`“control system operable to modify
`the drive signal and thereby
`maintain oscillation of the flowtube
`during a transition of the flowtube
`from a substantially empty state to a
`substantially full state”
`
`“wherein the control system is
`further operable to modify the drive
`signal and thereby maintain
`oscillation of the flowtube while
`separate batches of the fluid flow
`are processed through the flowtube,
`wherein the flowtube is
`substantially empty in between the
`separate batches.”
`
`Claim 5
`“maintaining oscillation during an
`onset of liquid flow through the
`substantially empty flow tube
`during an onset of fluid flow”
`
`
`’906 Patent
`Emerson’s and Micro Motion’s Proposed Construction
`“input module,” and “output module,” should be
`construed as means-plus-function elements
`The specification does not identify structure
`corresponding to the input module and output module
`limitations
`
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“The control system modifies the drive signal, and, except
`for programmed pauses between setpoint adjustments, the
`drive signal maintains oscillation of the flow tube at
`amplitude setpoints set by the controller throughout the
`transition from the point in time the flowtube is
`substantially empty of liquid until the flowtube is
`substantially full of liquid.”
`
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“the control system modifies the drive signal, and except
`for programmed pauses between setpoint adjustments, the
`drive signal maintains oscillation of the flow tube at
`amplitude setpoints set by the controller throughout the
`processing of a first batch of liquid fluid flow, the
`transition between the first and second batches that
`includes a period when the flowtube is substantially
`empty, and the processing of a second batch of liquid fluid
`flow”
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Except for programmed pauses between setpoint
`adjustments, maintaining oscillation of the flow tube at
`amplitude setpoints set by the controller throughout
`transition from the point in time when the flowtube is
`substantially empty until the flowtube is no longer
`substantially empty.”
`
`
`
`11
`
`

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`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 13 of 18 PageID #: 4252
`
`
`“during an onset”
`
`Claim 6
`“in response to the extent to which
`the flowtube is filled by the fluid
`flow”
`
`Claim 7
`“maintaining oscillation of the
`flowtube when the flowtube is
`substantially filled by the fluid
`flow”
`
`Claim 8
`“input module,” and “output
`module,”
`
`“operable to modify the drive signal
`and thereby maintain oscillation of
`the flowtube during a transition of
`the flowtube from a first state in
`which the flowtube is substantially
`empty of liquid to a second state in
`which the flowtube is substantially
`full of liquid…”
`
`from the point in time the flowtube is substantially empty
`of liquid until the flowtube is no longer substantially
`empty of liquid
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“Ascertaining the extent to which the flowtube is filled by
`fluid flow, and, if a change in that extent is ascertained,
`adjusting the drive gain to maintain oscillation as required
`by claim 5.”
`Emerson’s and Micro Motion’s Proposed Construction
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“maintaining oscillation of the flow tube at amplitude
`setpoints set by the controller during that portion of the
`onset of fluid flow when the flowtube is substantially
`filled by the flowing fluid.”
`Emerson’s and Micro Motion’s Proposed Construction
`“input module,” and “output module,” should be
`construed as means-plus-function elements.
`The specification does not identify structure
`corresponding to the input module and output module
`limitations.
`
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“The control system modifies the drive signal, and, except
`for programmed pauses between setpoint adjustments, the
`drive signal maintains oscillation of the flow tube at
`amplitude setpoints set by the controller throughout the
`transition from the point in time the flowtube is
`substantially empty of liquid until the flowtube is
`substantially full of liquid.”
`
`
`
`12
`
`

`
`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 14 of 18 PageID #: 4253
`
`
`This limitation is indefinite.
`If it is not indefinite, it should be construed to mean:
`“the control system modifies the drive signal, and except
`for programmed pauses between setpoint adjustments, the
`drive signal maintains oscillation of the flow tube at
`amplitude setpoints set by the controller throughout the
`processing of a first batch of liquid fluid flow, the
`transition between the first and second batches that
`includes a period when the flowtube is substantially
`empty, and the processing of a second batch of liquid fluid
`flow”
`Emerson’s and Micro Motion’s Proposed Construction
`A control system containing at least one digital
`component.
`
`“wherein the control system is
`further operable to modify the drive
`signal and thereby maintain
`oscillation of the flowtube while
`separate batches of the fluid flow
`are processed through the flowtube,
`wherein the flowtube is
`substantially empty in between the
`separate batches.”
`
`Claim 9
`“a digital control system”
`
`
`
`MICRO MOTION PATENTS
`
`Claim 1
`“analog to digital converter means
`for periodically sampling said
`sensor output signals and for
`converting sampled sensor output
`signals to digital form”
`
`’190 Patent
`Micro Motion’s Proposed Construction
`This should be construed as a means-plus-function claim
`element.
`The specification identifies the structure as being an
`analog to digital converter and a function of periodically
`sampling said sensor output signals and converting
`sampled sensor output signals to digital form.
`
`“digital notch filtration means,
`responsive to the generation of said
`sequence of discrete sampled
`values, for generating a sequence of
`discrete enhanced values”
`
`This should be construed as a means-plus-function claim
`element.
`The specification identifies the structure as being an
`adaptive notch filter and a function of generating a
`sequence of discrete enhanced values.
`
`
`
`13
`
`

`
`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 15 of 18 PageID #: 4254
`
`
`“phase value determination means,
`responsive to the generation of said
`sequence of discrete enhanced
`values, for generating the phase
`values of the oscillatory movement
`of said flow tube”
`
`“phase difference means,
`responsive to the generation of said
`phase values, for determining a
`phase difference between the output
`signals of said first and second
`sensors”
`
`“mass flow measurement means,
`responsive to the determination of
`phase difference, for determining a
`mass flow rate value of the material
`flowing through the flow tube”
`
`
`Claim 2
`“notch adaptation means,
`cooperative with said digital notch
`filtration means, for altering filter
`parameters of said digital notch
`filtration means”
`
`Claim 18
`“phase difference computation
`means to determine a phase
`difference between the output
`signals of said first and second
`sensors”
`
`
`This should be construed as a means-plus-function claim
`element.
`The specification identifies the structure as being a
`“phase” block that determines the phase of the sinusoidal
`signals represented by the enhanced discrete sample
`signals applied to their respective inputs and a function of
`generating the phase values of the oscillatory movement
`of said flow tube.
`
`This should be construed as a means-plus-function claim
`element.
`The specification identifies the structure as being a “Δt
`Calculation” block that receives phase information related
`to the sensor signals and a function of determining a phase
`difference between the output signals of said first and
`second sensors.
`
`This should be construed as a means-plus-function claim
`element.
`The specification identifies the structure as being a “Mass
`Flow Computation” block that receives information
`related to phase difference from the “Δt Calculation”
`block and a function of determining a mass flow rate value
`of the material flowing through the flow tube.
`Micro Motion’s Proposed Construction
`This should be construed as a means-plus-function claim
`element.
`The specification identifies the structure as being Element
`1806 of FIG. 18, which is operable to update the
`parameters of the notch filters and a function of altering
`filter parameters of said digital notch filtration means.
`Micro Motion’s Proposed Construction
`This should be construed as a means-plus-function claim
`element.
`The specification identifies the structure as being a “Δt
`Calculation” block that receives phase information related
`to the sensor signals and a function of determining a phase
`difference between the output signals of said first and
`second sensors.
`
`
`
`14
`
`

`
`Case 6:12-cv-00799-JRG Document 143-2 Filed 04/11/14 Page 16 of 18 PageID #: 4255
`
`
`Micro Motion’s Proposed Construction
`This should be construed as a means-plus-function claim
`element.
`The specification identifies the structure as being a digital
`filter with variable parameters and a function of
`generating a sequence of discrete enhanced values.
`
`’131 Patent
`Micro Motion’s Proposed Construction
`“filtering and down-sampling the samples”
`
`
`Claim 35
`“digital filtration means, responsive
`to the generation of said sequence
`of discrete sampled values, for
`generating a sequence of discrete
`enhanced values”
`
`
`
`Claim 1
`“decimating said samples”
`
`“determining a frequency of
`vibration”
`
`“determining a frequency from the samples after
`decimation”
`
`“calculating a normalized
`frequency”
`
`“calculating a normalized
`pulsation”
`
`“calculating dot products”
`
`“normalizing the determined frequency using desired
`sample rate”
`
`“converting the normalized frequency into angular form”
`
`
`“calculating a single number from two equal-length
`sequences of numbers”
`
`
`
`Subject to the above limitations and reservations of rights, Emerson and Micro
`
`Motion further identify the following pieces of extrinsic evidence (including dictionary
`
`definitions, citations to learned treatises and prior art, and testimony of witnesses), that Emerson
`
`and Micro Motion contend support the proposed constructions above:
`
`
`
`
`
`
`
`McGraw-Hill Dictionary of Engineering (1997) at 390 (for the term “PI control”)
`
`The New IEEE Standard Dictionary of Electrical and Electronics Terms (Fifth Edition
`1993) at 1506 (for the term “zero offset”)
`
`Depending on the constructions offered by Invensys, possible testimony of one or more
`witnesses about the operat