Trials@uspto.gov
`571-272-7822
`
`Paper 12
`Entered: May 25, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,INC.,
`Petitioner,
`
`V.
`
`IMAGE PROCESSING TECHNOLOGIESLLC,
`Patent Owner.
`
`Case IPR2017-00347
`Patent 8,805,001 B2
`
`Before JONI Y. CHANG, MICHAELR. ZECHER,and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER,Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 US.C. § 314 and 37 CFR. $ 42.108
`
`
`571-272-7822
`
`Paper 12
`Entered: May 25, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,INC.,
`Petitioner,
`
`V.
`
`IMAGE PROCESSING TECHNOLOGIESLLC,
`Patent Owner.
`
`Case IPR2017-00347
`Patent 8,805,001 B2
`
`Before JONI Y. CHANG, MICHAELR. ZECHER,and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER,Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 US.C. § 314 and 37 CFR. $ 42.108
`
`
`
`IPR2017-00347
`Patent 8,805,001 B2
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America,
`
`Inc. (collectively, “Petitioner’) filed a Petition pursuant to 35 U.S.C.
`
`§§ 311-19 requesting an inter partes review of claims 1-4 of U.S. Patent
`
`No. 8,805,001 B2, issued on August 12, 2014 (Ex. 1001, “the ’001 patent’).
`
`Paper2 (“Pet.”). Image Processing Technologies LLC (“Patent Owner’)
`
`filed a Preliminary Response. Paper 6 (“Prelim. Resp.”). Applying the
`
`standard set forth in 35 U.S.C. § 314(a), which requires demonstration of a
`
`reasonable likelihood that Petitioner would prevail with respect to at least
`
`one challenged claim, we grant Petitioner’s request and institute an inter
`
`partes review ofall challenged claims.
`
`I. BACKGROUND
`
`A. The ’001 Patent (Ex. 1001)
`
`The ’001 patent is titled “Image Processing Method.” Ex. 1001, at
`
`[54]. The Abstract describes the subject matter as follows:
`
`A method and apparatus for localizing an area in relative
`movement and for determining the speed and direction thereofin
`real time is disclosed. Each pixel of an image is smoothed using
`its own time constant. A binary value corresponding to the
`existence of a significant variation in the amplitude of the
`smoothed pixel from the prior frame, and the amplitude of the
`variation, are determined, and the time constant for the pixelis
`updated. For each particular pixel, two matrices are formed that
`include a subset of the pixels spatially related to the particular
`pixel. The first matrix contains the binary values of the subset of
`pixels. The second matrix contains the amplitude ofthe variation
`of the subset of pixels.
`In the first matrix,
`it is determined
`whether the pixels along an oriented direction relative to the
`particular pixel have binary values representative of significant
`variation, and, for such pixels,
`it is determined in the second
`matrix whether the amplitude of these pixels varies in a known
`mannerindicating movementin the oriented direction.
`In each
`of several domains, histogram of the values in the first and
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`IPR2017-00347
`Patent 8,805,001 B2
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`second matrices falling in such domain is formed. Using the
`histograms, it is determined whetherthere is an area having the
`characteristics of the particular domain. The domains include
`luminance, hue, saturation, speed (V), oriented direction (Dl),
`time constant (CO),first axis (x(m)), and second axis (y(m)).
`
`Td. at [57].
`
`Figure 14a of the 001 patent is reproduced below.
`
`
`
`Figure 14a depicts a hypothetical velocity histogram with classes Ci—Cn
`
`each representing a particular velocity. Id. at 20:54-59. Figure 17 of the
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`’001 patent is reproduced below.
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`IPR2017-00347
`Patent 8,805,001 B2
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`5
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`Fig. 17
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`Figure 17 depicts x axis and y axis histogramsof the head ofa userin a
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`video conference. Jd. at 22:10—12, 22:60—23:5. The face V ofthe useris
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`approximately defined by the peaks in the two histograms. Jd. at 23:6—-14.
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`IPR2017-00347
`Patent 8,805,001 B2
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`_ Figure 22 of the ’001 patentis reproduced below.
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`
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`Figure 22 depicts a circumstance where an area under consideration begins
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`to cross the borders of the target. Jd. at 24:42—46. In particular, histograms
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`222 and 224 for x and y projections include pixels in whichthereis a
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`significant variation, and thus the histogramsdetect the target edge in the x
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`and y axis. Jd. at 5:15—18, 24:42-46. The ’001 patent discloses that in a
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`preferred embodiment, the center of the area “is determined to be
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`(Xmm+Xmax)/2, (Ymin+Ymax)/2, where Xm and Xmax are the positions of
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`the minima and maximaofthe x projection histogram, and Ym and Ymax
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`are the positions of the minima and maximaofthe y projection histogram.
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`. .. Other methodsof relocating the center of the target box maybe usedif
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`desired.” Jd. at 24:50-58.
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`IPR2017-00347
`Patent 8,805,001 B2
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`B. Illustrative Claim
`
`Ofthe challenged claims, claim 1 is independentand is reproduced
`
`below:
`
`in an input signal
`1. A process of tracking a target
`implemented using a system comprising an image processing
`system, the input signal comprising a succession of frames, each
`frame comprising a succession of pixels, the target comprising
`pixels in one or moreofa plurality of classes in one or more of a
`- plurality of domains,
`the process performed by said system
`comprising, on a frame-by-framebasis:
`forming at least one histogram ofthe pixels in the one or
`moreof a plurality of classes in the one or more of a plurality of
`domains,said at least one histogram referring to classes defining
`said target, and identifying the target
`in said at
`least one
`histogram itself,
`least one
`in said at
`wherein identifying the target
`histogram further comprises determining a center ofthe target to
`be between X and Y minima and maxima ofthe target.
`
`Id. at 26:40-54.
`
`C. Related Proceedings
`
`Petitioner and Patent Owneridentify a related litigation in the Eastern
`
`District of Texas involving the ’001 patent, as well as other patents,titled:
`
`Image Processing Techs. LLC v. Samsung Elecs. Co., No. 2:16-cv-00505-
`
`JRG (E.D. Tex.). Pet. 1; Paper 3, 2. Petitioner indicates that it has
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`concurrently filed inter partes review petitions for the other patents asserted
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`in that litigation, and Patent Owneralso identifies those inter partes reviews.
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`Pet. 1; Paper 3, 2.
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`D. Level ofSkill in the Art
`
`Petitioner contends that a person having ordinary skill in the art
`
`[at] the time of the alleged invention of the ’001 Patent would
`have had either (1) a Master’s Degree in Electrical Engineering
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`IPR2017-00347
`Patent 8,805,001 B2
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`or Computer Science or the equivalent plus at least a year of
`experience in the field of image processing, image recognition,
`machinevision, or a related field or (2) a Bachelor’s Degree in
`Electrical Engineering or Computer Science or the equivalent
`plus at least three years of experience in the field of image
`processing, image recognition, machinevision, ora relatedfield.
`Pet. 4. Petitioner further contends “[a]dditional education could substitute
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`for work experience andvice versa.” Id. (citing Ex. 1002 (Declaration of
`
`Dr. John C. Hart) {J 44-48). Patent Owner contends a person of ordinary
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`skill “would be someone with an undergraduate degree in electrical
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`engineering or image processing orarelated field, followed by at least two
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`years of graduate coursework andalsoat least early-stage thesis research,in
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`digital image processing.” Prelim. Resp. 11-12. At this stage of the
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`proceeding, we determine our decision would not change undereither
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`assessment.
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`E. References
`
`Petitioner relies on the following references:
`
`1. “Gilbert” (Alton L. Gilbert, et al., A Real-Time Video Tracking
`System, PAMI-2 No. 1 IEEE TRANSACTIONS ON PATTERN
`ANALYSIS AND MACHINE INTELLIGENCE47-56 (1980))
`(Ex. 1005);
`2. “Hashima”(U.S. Patent No. 5,521,843; issued May 28, 1996)
`(Ex. 1006); and
`3. “Ueno” (U.S. Patent No. 5,150,432; issued Sept. 22, 1992)
`(Ex. 1007).
`
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`IPR2017-00347
`Patent 8,805,001 B2
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`F. Grounds Asserted
`
`Petitioner challenges the patentability of claims 14 of the ’001 patent
`
`on the following grounds:
`
`
`
`
`—retureses__——|nas|cain
`GilbertandHashima
`35U.S.C.§ 103(a)a
`
`
`
`35 U.S.C. § 103(a)
`Hashima and Ueno
`35U.S.C.§ 103(a)
`Ueno and Gilbert
`Petitioner also. relies onexpert testimony from Dr. Hart (Ex. 1002,
`“Hart Decl.”).
`
`Tl. ANALYSIS
`
`A. Claim Construction
`
`Claims of an expired patent are given their ordinary and customary
`
`meaning in accordance with Phillips v. AWH Corp., 415 F.3d 1303 (Fed.
`Cir. 2005) (en banc). See In re RambusInc., 694 F.3d 42, 46 (Fed. Cir.
`2012). On the other hand, claim terms in an unexpired patent are construed
`
`according to their broadest reasonable interpretation in light of the
`specification of the patent in which they appear. See 37 C.F.R. § 42.100(b);
`Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2144-46 (2016).
`
`Petitioner contends the 001 patent will expire on December2, 2017,
`
`which is within 18 months of the Notice of Filing Date Accorded (Paper 5
`
`(according the Petition a filing date of November 29, 2016)) and, thus,
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`Petitioner states that it has applied the Phillips standard toall claim
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`construction issues. Pet. 3. We note that Petitioner does not propose any
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`explicit constructions for any claim terms, and Petitioner’s expert, Dr. Hart,
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`IPR2017-00347
`Patent 8,805,001 B2
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`states he has “interpretedall claim terms accordingto their plain and
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`ordinary meaning.” Jd.; Ex. 1002 § 49. Patent Owner “agrees that the
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`Phillips standard should apply for purposes ofthis inter partes review,” and
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`Patent Ownerproposes constructions for several claim terms. Prelim. Resp.
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`12-23.
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`In an inter partes review, a party may requesta district court-type
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`claim construction standard be applied if the challenged patent will expire
`
`within 18 months ofthe entry of the Notice of Filing Data Accorded to
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`Petition. See 37 C.F.R. § 42.100(b). In this case, other than the phrase
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`“forming at least one histogram of the pixels in the one or moreofa plurality
`
`of classes in the one or more ofaplurality of domains,”as recited in claim 1
`
`and discussed below, we determine explicit construction of any term is not
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`necessary to resolve the issues before usat this stage of the proceeding. See
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`Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir.
`
`1999) (holding that “only those terms need be construedthat are in
`
`controversy, and only to the extent necessary to resolve the controversy”).
`
`Wefurther determine our construction of “forming at least one histogram of
`
`the pixels in the one or more of a plurality of classes in the one or more of a
`
`plurality of domains,” discussed below, would not change based on the
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`claim construction standard applied. Because Patent Ownerdoes not contest
`that the ’001 patent will expire during this proceeding, we construe the
`claims of the ’001 patent underthe claim construction standard applicable to
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`expired patents—namely,the district court-type claim construction standard.
`
`Patent Ownerarguesthat “forming at least one histogram ofthe pixels
`
`in the one or more of a plurality of classes in the one or moreofa plurality
`
`of domains” should be construed as “forming at least one histogram of the
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`IPR2017-00347
`Patent 8,805,001 B2
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`pixels in two or moreclasses that are in two or more domains.” Prelim.
`Resp. 17. In essence, Patent Owner arguesthat “one or moreofa plurality”
`requires at least one plurality (i.e., two or more). Jd. (citing Ex. 2002).
`Patent Ownerfurther argues that a construction that requires“at least one
`class selected from multiple classes, and at least one domain selected from
`
`multiple domains, would render the term ‘plurality’ superfluous, so that the
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`claim limitation would be reduced to ‘one or more classes in one or more
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`domains.’” Jd. at 17-18.
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`Wedisagree with Patent Owner. “[C]laimsare interpreted with an
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`eye toward giving effect to all terms in the claim.” Bicon, Inc. v. Straumann
`Co., 441 F.3d 945, 950 (Fed. Cir. 2006). Here, Patent Owner’s proposed
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`construction would render “one or more”in the claim superfluous(..e.,
`
`under Patent Owner’s construction, the claim could simply read “a plurality
`
`of classes that are in a plurality of domains’). On the other hand,
`interpreting the phrase “forming at least one histogram of the pixels in the
`one or more of a plurality of classes in the one or moreofa plurality of
`domains” to encompassat least one class from amonga plurality of possible
`
`classes and at least one domain from amonga plurality of possible domains
`
`gives effect to all the terms of the claim.
`Accordingly, we determinethat “forming at least one histogram of the
`pixels in the one or moreof a plurality of classes in the one or more of a
`plurality of domains”is not limited to “formingat least one histogram ofthe
`pixels in two or moreclasses that are in two or more domains.”
`
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`Patent 8,805,001 B2
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`B. Asserted Obviousness Over Gilbert and Hashima
`
`1. Overview of Gilbert and Hashima
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`Gilbert is titled “A Real-Time Video Tracking System,” and dated
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`January 1980. Ex. 1005, 47.! Gilbert relates to an object identification and
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`tracking system, which includes an image processing system comprising a
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`video processor, a projection processor, a tracker processor, and a control
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`processor. Id. at 47-48. Gilbert’s video processorreceives a digitized video
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`signal in which eachfield consists of pixels. Jd. at 48. Gilbert discloses that
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`“felvery 96 ns, a pixel intensity is digitized and quantized into eightbits
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`(256 gray levels), counted into one of six 256-level histogram memories, and
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`then converted by a decision memoryto a 2-bit code indicating its
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`classification (target, plume, or background.).” Jd. Gilbert’s projection
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`processor then uses pixels identified as being part ofthe target to create
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`x- and y-projections.
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`/d. at 50. Figure 4 of Gilbert is reproduced below.
`
`! Werefer to the original page numbersat the top of the pages rather than
`the page numbersaddedby Petitioner.
`1]
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`IPR2017-00347
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`Patent 8,805,001 B2
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`‘
`Fig. 4. Projection location technique.
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`Figure 4 of Gilbert depicts a Y-projection and X-projectionsofthe target.
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`Gilbert’s system uses these projections to determine the center of the upper
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`and lowerportionsofthe target, and those points are then used to determine
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`the center of the target (Xc, Yc). Jd. at 50-51.
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`Hashimaistitled “System for and Method of Recognizing and
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`Tracking Target Mark,” and issued on May 28, 1996. Ex. 1006,at [45],
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`[54]. Hashimarelates to a system and method of recognizing and tracking a
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`target mark with a video camera. /d. at [57]. In Hashima,the target mark
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`can be a black circle with a white triangle as depicted in Figure 3
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`(reproduced below).
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`Patent 8,805,001 B2
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`FIG.3
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`f~
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`l2
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`Figure 3 depicts Hashima’s target mark. Figure 6 of Hashimais reproduced
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`below.
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`Y-PROJECTED
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`HISTOGRAM
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`X-PROJECTED HISTOGRAM
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`FIG6
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`Figure 6 depicts x- and y-projected histogramsof a target mark. Hashima
`describes creating these histograms by summing the numberof black pixels
`at each x- or y- location. Jd. at 8:18-9:7. Hashimaalso describes finding
`the central position ofthe detected mark as shown in Figure 15 below.
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`13
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`IPR2017-00347
`Patent 8,805,001 B2
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` Yb ™
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`¥b2
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`Figure 15 depicts a process offinding central position Pm of the target mark.
`Hashimadescribes finding Pm (mx, my) using the equations (1) mx =
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`(Xb1+Xb2)/2 and (2) my = (Yb1+Yb2)/2. Jd. at 11:6—-25.
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`2. Analysis
`
`A claim is unpatentable under 35 U.S.C. § 103(a) if the differences
`
`between the subject matter sought to be patented andtheprior art are such
`_ that the subject matter as a whole would have been obviousat the time the
`invention was madeto a person having ordinary skill in the art to which said
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`subject matter pertains. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406
`(2007). The question of obviousnessis resolved onthe basis of underlying
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`factual determinations including: (1) the scope and content of the priorart;
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`(2) any differences between the claimed subject matter andthe prior art;
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`(3) the level of ordinary skill in the art; and (4) whenin the record, objective
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`evidence of nonobviousness. See Graham v. John Deere Co., 383 US. 1,
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`17-18 (1966). In that regard, an obviousness analysis “need not seek out
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`precise teachings directed to the specific subject matter of the challenged
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`claim, for a court can take accountof the inferences and creative steps that a
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`person of ordinary skill in the art would employ.” KSR, 550 USS.at 418.
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`Petitioner contends that claims 1~4 would have been obvious over
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`Gilbert and Hashima. Pet. 32-49. We have reviewedthe information
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`provided by Petitioner, including the relevant portions of the supporting Hart
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`Declaration (Ex. 1002), and are persuaded, based on the current record, that
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`Petitioner has demonstrated a reasonable likelihood of prevailing on this
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`obviousnesschallenge.
`For example, for claim 1’s preamble,” Petitioner contends Gilbert
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`discloses a process of tracking a target(i.e., a missile) and uses a video
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`signal (i.e., input signal) comprising digitized fields with a frame rate of 60
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`fields/s (i.e., 30 frames/s in a succession of frames), each image frame
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`comprising a matrix of digitized points (i.e., a succession ofpixels). Pet. 37
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`(citing Ex. 1005, 47-48; Ex. 1002 Ff 90-91). Petitioner further contends
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`that Gilbert tracks the target by categorizing pixels into 256 gray-scale levels
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`(i.e., a plurality of classes) accordingto their pixel intensity (i-e., domain),
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`and Gilbert discloses that a plurality of other domains, such as “texture,
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`edge, and linearity measures” could also be used. Jd. (citing Ex. 1005, 48).
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`Petitioner contends Hashimaalso teaches the preamble. Jd. at 38.
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`Petitioner contends Gilbert and Hashimaeach disclose the step of
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`“forming at least one histogram ofthe pixels in the one or more of a plurality
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`of classes in the one or moreof a plurality of domains,said at least one
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`histogram referring to classes defining said target,” as recited in claim 1. Id.
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`at 38. Specifically, Petitioner relies on Gilbert’s intensity histogram
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`(discussed above), as well as Hashima’s X- and Y- projection histograms.
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`Id. at 38-39 (citing Ex. 1005, 48; Ex. 1006, 24:14—-21; Ex. 1002 ff 95-98).
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`* Atthis stage of the proceeding, we need not decide whether the claim
`preambleis limiting. Vivid Techs., 200 F.3d at 803.
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`For the limitation of “identifying the target in said at least one histogram
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`itself,” Petitioner contends the histograms in both Gilbert and Hashimaare
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`used to identify a target. Id. at 40-41 (citing Ex. 1005, 48-50; Ex. 1006,
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`8:18-10:24; Ex. 1002 {J 102-103).
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`Regarding “wherein identifying the target in said at least one
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`histogram further comprises determining a center of the target to be between
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`X and Y minima and maximaofthe target,” as recited in claim 1, Petitioner
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`contends “Gilbert determines a center by computing the center of areas of
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`the target’s upper and lowerhalves,” and by teaching that “‘‘target nose and
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`tail points’ could be used.” Jd. at 41 (citing Ex. 1005, 50-51, Fig. 4;
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`Ex. 1002 7 104). Petitioner further contends that Hashimadiscloses
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`“determining X-maxima and minima and Y-maxima and minimaofthe
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`boundariesof the target in the histogram to calculate the center point of the
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`target using the equations (Xmm + Xmax)/2 and (Ym + Yoax)/2.” Id.
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`(citing Ex. 1006, 11:13-24, Fig. 15; Ex. 1002 J 105-107).
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`Although Petitioner appears to contend Gilbert disclosesall of the
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`limitations of claim 1, Petitioner contendsthat, “[t]o the extent Patent Owner
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`argues Gilbert does not disclose the claimedplurality of domains or method
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`of finding the center ofthe target, it would have been obviousto replace
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`these features of Gilbert with those of Hashima.” Jd. at 41 (citing Ex. 1002
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`q 101). Petitioner further argues the combination of Hashima and Gilbert
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`teach “an input signal comprising a succession of frames, each frame
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`comprising a succession ofpixels,” as recited in claim 1. Jd. at 42.
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`Petitioner also provides a sufficiently persuasive rationale for
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`combining the teachings of Gilbert and Hashima. For example, Petitioner
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`contendsthat a person ofordinary skill in the art reading Gilbert would have
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`been motivated to plot histograms in other domainsto increase the
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`likelihood of successfully recognizing the target “because each additional
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`domain provides another opportunity for correlation between that domain
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`and the unique target being tracked.” Jd. at 34. Petitioner also contendsthat
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`a person of ordinary skill in the art would have been motivated to replace
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`Gilbert’s calculation of center points for the top and bottom half of the target
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`with a simpler center calculation for the entire target as taught in Hashimato
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`achieve a “significantly smaller computational burden,” and to allow Gilbert
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`to track objects with different shapes. /d. at 36. To support its rationales for
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`combining the teachings of Gilbert and Hashima,Petitionerrelies upon the
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`supporting testimony of Dr. Hart. Ex. 1002 {J 79-89.
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`Petitioner provides further analysis of claims 2—4, detailing whereit
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`contends each limitation of those claims is taught by Gilbert and Hashima.
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`Id. at 42-46. We have reviewed Petitioner’s evidence and argument, and
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`find that, on the current record, Petitioner has sufficiently shownthe cited
`references teach each limitation ofthe challenged claims, and that Petitioner
`has provided a sufficiently persuasive rationale for combining those
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`teachings at this stage of the proceeding. Jd.
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`Patent Ownerargues Gilbert and Hashima,alone or in combination,
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`do not teach “formingat least one histogram ofthe pixels in the one or more
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`of a plurality of classes in the one or more of a plurality of domains, said at
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`least one histogram referring to classes defining said target,” “identifying the
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`target in said at least one histogram itself,” and “wherein identifying the
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`target in said at least one histogram further comprises determining a center
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`of the target to be between X and Y minima and maximaofthe target,” as
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`recited in claim 1. Prelim. Resp. 29-38. Patent Owner argues neither
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`Gilbert’s intensity histogramsnorits projection histograms teach these claim
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`limitations. Jd. at 29-35. Regarding Gilbert’s intensity histograms, Patent
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`Ownerarguesthey fail to teach these limitations because (1) they are ina
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`single domain(i.e., intensity), (2) they are not formed of pixels in two or
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`moreclasses, and (3) they do not determinea center of the target. Jd. at 29—
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`33. Patent Owneralso argues that because Gilbert mentions other
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`parameters (i.e., domains), but does not disclose using more than a single
`parameter(i.e., intensity) in combination, a person of ordinary skill in the art
`would have been lead away “from forming histogram(s)of the pixels in two
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`or more selected subsets of parameter values that are in two or more
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`domains, where the histogram(s) refer to selected subsets of parameter
`
`values that define the target.” /d. at 31-32.
`
`Regarding Gilbert’s projection histograms, Patent Owner argues they
`
`fail to teach the argued limitations because (1) they are formedafter the
`
`target has been identified, (2) the classes in those histograms do not define
`
`the target, (3) they are not used to identify the target by determining a center
`
`of the target, and (4) they determine the center of the upper and lower halves
`
`of the target. Jd. at 33-35. Patent Owneralso argues that Gilbert “teaches
`
`away from identifying and using minima and maximaofthetarget(i.e., nose
`
`and tail).” Jd. at 34.
`
`Patent Ownerfurther argues that “Hashima doesnotcure the
`
`deficiencies of Gilbert, because the x-axis and y-axis histograms of Hashima
`
`on which Petitionerrelies do not satisfy the language of the claim.” Jd. at
`
`35. In particular, Patent Owner argues Hashima’s histograms(1) includeall
`
`of the pixels in a window,(2) form separate histograms in the x- and y-
`
`position domains, and (3) look for target characteristics such as number of
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`Patent 8,805,001 B2
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`peaks. Id. at 35-37. Patent Owneralso argues Hashima’s computation of
`
`the center ofthe target is not part of its identification of the target. /d. at 37.
`
`Atthis stage of the proceeding, we are not persuaded by Patent
`
`Owner’s arguments regarding the references’ teachings. As discussed above
`
`in our claim construction section, we have not adopted Patent Owner’s
`
`proposed construction which would require a plurality of domains. See
`supra Section JI.A. We also find Petitioner has sufficiently shown the
`references teach a plurality of classes. For example, Petitioner relies on
`
`Gilbert’s 256 gray-scale levels in its intensity domain as teachinga plurality
`
`of classes. See Pet. 37; Ex. 1002 4 52.
`
`Wealso see no requirementin claim 1 that the classes collectively
`
`musi comprise less than all of the values in the domain as Patent Owner
`
`appears to suggest. See Prelim. Resp. 32 (arguing Gilbert’s intensity
`
`histograms include pixels with all intensity values and, thus, “are not formed
`ofpixels in two or more selected subsets of values of a parameter(classes),
`in this case, intensity, that define the target”); id. at 35 (arguing Hashima’s
`
`histograms“include all of the pixel data in the window”). Specifically,
`
`claim 1, which uses the open-endedtransition “comprising,” recites that the
`
`target comprises pixels in one or more ofa plurality of classes and that the
`
`histogram is formed from those pixels, but it does not preclude the histogram
`
`from also including other pixels outside the target.
`Patent Ownerarguesthat a target is not identified from Gilbert’s
`
`projection histograms because the target was already previously identified in
`
`Gilbert’s intensity histogram. Prelim. Resp. 33-34. Weare sufficiently
`
`persuadedthat identifying the target in the intensity histograms does not
`
`preclude the target from also being identified in the projection histograms.
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`19
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`Patent 8,805,001 B2
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`Asshown in Gilbert’s Figure 4 (depicted above), Gilbert’s projection
`
`histogramsdisplay target pixels and identify the target in the x- and
`
`y-domains. See Ex. 1002 (Hart Decl.) 55.
`
`Patent Ownerfurther argues “Petitioner admits that Gilbert’s center
`
`calculation does not involve x and y minima and maximaofthe target, but
`
`instead uses the center of areas of the target’s upper and lower halves.”
`
`Prelim. Resp. 34 (citing Pet. 41). Patent Owner argues “Gilbert teaches
`
`away from identifying and using minima and maximaofthetarget(1.e., nose
`
`and tail)” because “Gilbert explainsthat it is difficult to determine nose and
`
`tail position and the determination is sensitive to noise.” Jd.
`
`Weare not persuaded by Patent Owner’s arguments regarding claim
`
`1’s determination of a center because these arguments are not commensurate
`
`with the scope of the claim, whichrecites “identifying the target in said at
`
`least one histogram further comprises determining a center of the target to be
`
`between X and Y minima and maximaofthe target.” This limitation does
`
`not require that the center calculation “involve x and y minima and maxima”
`
`or the nose andtail of the target, as Patent Ownerargues (Prelim. Resp. 34).
`
`Instead, it requires that the center of the target “be between X and Y minima
`
`and maximaofthe target.” As shownin Figure 4 of Gilbert (reproduced
`
`above), Gilbert determines a center of the target (Xc, Yc) which is between
`
`the X and Y minima and maxima. Ex. 1005, 50, Fig. 4. At this stage of the
`
`proceeding, we do not read claim | as precluding Gilbert’s intermediate
`
`calculation of the center of the top half and bottom half of the target, which
`
`are then used to determinethe target’s center. See id. In addition, we note ;
`that Patent Owner’s arguments do not persuasively address Petitioner’s
`
`contention that it would have been obvious to combine Gilbert with
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`Hashima’s teaching of determining the center of the target to be between X
`
`and Y minima and maximaofthe target. See Pet. 35-36, 41.
`
`Patent Owner argues Hashima does not cure Gilbert’s deficiencies and
`
`that Hashima’s x-axis and y-axis histogramsdo notsatisfy the limitations of
`
`claim 1. Prelim. Resp. 35. At this stage of the proceeding, we do not find
`
`these arguments persuasive because they focus on Hashimainisolation, and
`
`they do not address the combination of Gilbert and Hashima argued by
`
`Petitioner (see Pet. 32-36).
`
`Regarding Petitioner’s rationale to combine Gilbert and Hashima,
`
`Patent Ownercontends a person of ordinary skill in the art would not have
`
`combined Gilbert and Hashima because Gilbert is directed to tracking an
`
`unknownandfast-movingtarget (e.g., a missile), whereas Hashimais
`
`directed to tracking a knowntarget(e.g., for docking a spaceship). Prelim.
`
`Resp. 45-52. Patent Owneralso argues “Hashima’s histogram algorithm is
`
`incompatible with Gilbert,” and “Petitioner fails to explain why a [person of
`
`ordinary skill in the art] would have used Hashima’s x- and y-axis
`
`histogramsin place of Gilbert’s intensity histograms, especially given that
`
`the target shape andattitude with respect to the camera are not knownto the
`
`system of Gilbert.” Jd. at 49-50. Patent Owneralsoreiterates its teaching
`
`away argumentfor Gilbert: “Gilbert teaches away from using [a method of
`
`calculating the target center based on the nose and tail points] because it
`
`would be overly sensitive to noise in the operating environment of Gilbert.”
`
`Id. at 50-51.
`
`‘At this stage of the proceeding, we are not persuaded by Patent
`
`Owner’s arguments. As discussed above,Petitioner provides sufficiently
`
`persuasive reasoning for combining the teachings of Hashima with Gilbert,
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`Patent 8,805,001 B2
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`including that a person of ordinary skill would have been motivated to
`
`modify Gilbert to (1) include histograms in multiple domains, as taughtin
`
`Hashima,to increase thelikelihood of successfully recognizing a target in an
`
`image frame(Pet. 34-35 (citing Ex. 1002 {| 84—85)); and (2) use the center
`calculation of Hashima based on the end-points of a target, which is simpler
`
`and would result in a lower number of needed computations(id. at 35-36
`
`(citing Ex. 1002 JJ 86—89)). Petitioner’s reasoning in this regardis
`supported by its expert’s testimony. Ex. 1002 (Hart Decl.) {J 84-89.
`Based on the current record, we are unpersuaded a person of ordinary
`
`skill in the art would not have considered both Gilbert and Hashima because
`
`theytrack. different types of targets. It is well-settled that simply because
`
`two references have different objectives does not preclude a person of
`
`ordinary skill in the art from combiningtheir respective teachings. In re
`
`Heck, 699 F.2d 1331, 1333 (Fed. Cir. 1983) (“The use ofpatents as
`
`references is not limited to what the patentees describe as their own
`
`inventionsor to the problems with which they are concerned.”) (quoting In
`
`re Lemelson, 397 F.2d 1006, 1009 (CCPA 1968)); see also EWP Corp.v.
`
`Reliance Universal Inc., 755 F.2d 898, 907 (Fed. Cir. 1985) (“A reference
`
`must be considered for everythingthat it teaches, not simply the described
`
`invention or a preferred embodiment.”). In addition, we do not find Patent
`
`Owner’s teaching away argumentpersuasive for essentially the same reasons
`
`previously discussed above(i.e., claim 1 does not require a center
`
`calculation that uses the nose andtail points).
`
`For the reasons discussed above, based on the current record, we
`
`determine Petitioner has showna reasonablelikelihood of prevailing with
`
`respect to its obviousness challenge to claims 1-4 over Gilbert and Hashima.
`
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`C. Asserted Obviousness Over Ueno and Gilbert
`
`1. Overview of Ueno
`
`Uenoistitled “Apparatus for Encoding/Decoding Video Signals to
`
`Improve Quality of a Specific Region,” and issued on September 22, 1992.
`
`Ex. 1007, at [45], [54]. Ueno’s abstract describes its subject matter as
`
`follows:
`
`An image encoding apparatus comprises a region detecting
`circuit for detecting a specific region from input image signals
`and outputting the region specifying signals for discriminating
`the specific region from other regions, a low-pass filter for
`selectively filtering and outputting the image signals of regions
`other than the specific region in the input image signals, and an
`encoding circuit for encoding the image signal output from the
`low-passfilter.
`Id. at [57]. Figure 3 of Ueno is reproduced below.
`
`(0,0)
`
`HISTOGRAM
`
`HISTOGRAM
`
`{x,Y}
`
`|{{||I{
`
`XS
`
`xe
`
`FIG. 3
`
`Figure 3 showsx- and y-axis histograms in Ueno. Uenostates:
`
`23
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`IPR2017-00347
`Patent 8,805,001 B2
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`FIG. 3 shows an interframe difference image input to the facial
`region detecting circuit 102.
`Information for the interframe
`difference image is converted into binary data of “0” or “1” by
`the preset first threshold level. Then the numberofpixels having
`the binary data value
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