Trials@uspto.gov
`Tel: 571-272-7822
`
`.
`
`Paper 15
`Entered: June 26, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRW AUTOMOTIVE US LLC
`Petitioner
`
`Vv.
`
`MAGNA ELECTRONICS INC.
`Patent Owner
`
`Case IPR2014-00265
`Patent 8,222,588 B2
`
`Before JUSTIN T. ARBES, BARRY L. GROSSMAN,and
`BEVERLY M. BUNTING,Administrative Patent Judges.
`
`GROSSMAN,Administrative Patent Judge.
`
`DECISION
`Denying Institution ofInter Partes Review
`37 CFR. § 42.108
`
`
`Tel: 571-272-7822
`
`.
`
`Paper 15
`Entered: June 26, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRW AUTOMOTIVE US LLC
`Petitioner
`
`Vv.
`
`MAGNA ELECTRONICS INC.
`Patent Owner
`
`Case IPR2014-00265
`Patent 8,222,588 B2
`
`Before JUSTIN T. ARBES, BARRY L. GROSSMAN,and
`BEVERLY M. BUNTING,Administrative Patent Judges.
`
`GROSSMAN,Administrative Patent Judge.
`
`DECISION
`Denying Institution ofInter Partes Review
`37 CFR. § 42.108
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`J. INTRODUCTION
`
`TRW Automotive US LLC (“Petitioner”) filed a Petition requesting an inter
`partes review of claims.28-38 ofU.S. Patent No. 8,222,588 B2 (“the ’588 patent”).
`
`Paper 1 (“Pet.”). The patent owner, Magna ElectronicsInc. (“Patent Owner’),
`
`filed a Preliminary Response. Paper 7 (“Prelim. Resp.”).
`
`The standardfor instituting an inter partes reviewis set forth in 35 U.S.C.
`
`§ 314(a):
`
`THRESHOLD -— The Director may not authorize an inter partes
`review to be instituted unless the Director determines that
`the
`information presented in the petition filed under section 311 and any
`response filed under section 313 shows that there is a reasonable
`likelihood that the petitioner would prevail with respect to at least 1 of
`the claims challenged in the petition.
`
`Wedetermine that the information presented does not show that thereis a
`
`reasonable likelihood that Petitioner would prevail in establishing the
`
`unpatentability of any of claims 28-38. Accordingly, we deny the Petition and do
`
`not institute an inter partes review of the ’588 patent.
`
`A. Related Proceedings
`
`TRWstates that the ’588 patent is involved in a pending district court case,
`
`titled Magna Electronics Inc. v. TRWAutomotive Holding Corp., No. 1:12-cv-
`00654-PLM (W.D.Mich.). Pet. 4-5.
`B. The ’588 Patent
`The challenged claimsare directed to an image sensing system. Ex. 1002,
`
`col. 12, 1.58. The patent relates, in particular, to a system for controlling the
`
`headlights of a vehicle. /d., col. 1, ll. 23-25. The disclosedsystem particularly is
`
`adapted to controlling the vehicle’s headlampsin responseto sensing the
`headlights of oncoming vehiclesandtaillights of leading vehicles. /d., col. 1, 25—
`
`28. The image processing system is capable of identifying unique characteristics
`
`2
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`of light sources by comparing light source characteristics with spectral signatures
`of knownlight sources, such as headlights and taillights. Jd., col. 1, 1. 67—-col. 2, 1.
`9,
`
`Asshowngenerally in Figure 2 of the ’588 patent, reproduced below,the
`image processing system includes imaging sensor module 14, which senseslight
`from a scene forward of the vehicle; imaging control circuit 13', which receives
`data from sensor 14; and vehicle lighting control logic module 16, which
`exchanges data with control circuit 13 and controls headlamps 18 for the purpose
`of modifying the headlight beam. Ex. 1002, col. 3, Il. 44-51.
`
`
`
`
`
`LIGHTING
`CONTROL
`
` VEHICLE.
`
`LOGIC
`
`Fig. 2 ofthe ’588 patent.
`
`' The Specification also refers to imaging control circuit 13 as a “digital signal
`processor.” See Ex. 1002, col. 3, 1. 47 (“imaging control circuit 13”); col. 4, ll. 53—
`54 (“digital signal processor 13”). This explains why reference numeral 13 in
`Figure 2 points to a box labelled “DSP.”
`
`3
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2.
`
`Imaging sensor module 14 includes.alens, an array of photon-accumulating
`
`light sensors, and a spectral separation device, suchas a filter array, for separating
`
`light from the scene forward of the vehicle into a plurality of spectral bands. Ex.
`1002, col. 4, ll. 24-29. Digital signal processor 13 includes an analog-to-digital
`converter, which receives the output of the array of photon-accumulating light
`sensors and converts the analog pixel valuesto digital values. Jd. at col. 4, Il. 56—-
`58. The digital values are suppliedtoataillight detection circuit and a headlight
`detection circuit. Jd. at col. 4, Il. 58-60.
`
`Thetaillight detection circuit detects a red light source having intensity
`
`above a particular threshold. Ex. 1002, col. 5, ll. 4-5. For each pixel that is “red,”
`
`a comparison is made with adjacent “green” pixels and “blue” pixels. Jd. at col. 5,
`
`ll. 6-7. If the intensity of a red pixel is more than a particular numberoftimes the
`
`intensity of an adjacent green pixel and an adjacentblue pixel, then it is determined
`that the light source is red. Jd. at col. 5, ll. 7-10. The headlight detection circuit
`carries out a similar process. Jd. at col. 5, ll. 13-21. The image processing system
`recognizes the spectral signatures ofdetected light sources,i.e., headlights and
`taillights, as well as the spectral signatures ofrejected light sources, such as lane
`
`markers, signs, and other sourcesofreflected light, all of which may bereadily
`
`identified by their spectral signature. /d., col. 10, ll. 38-47.
`
`C. Illustrative Claim
`Challenged claims 28 and 35 are independent claims. Claim 35, reproduced
`below,is illustrative of the claimed invention:
`.
`
`1. An image sensing system for a vehicle, said image
`sensing system comprising:
`.
`‘ an imaging sensor comprising a two-dimensional array of
`light sensing pixels;
`
`
`
`-
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`said imaging sensor having a forward field of view through
`the windshield of a vehicle equipped with said image sensing
`system to the exterior of the equipped vehicle;
`wherein said imaging sensoris operable to capture image
`data;
`.
`a control comprising an image processor;
`wherein said image sensing system determines an. object of
`interest present in said forward field of view of said imaging
`sensor via processing of said captured image data by said image
`processor;
`wherein said image processing comprisesspatialfiltering;
`wherein said spatial filtering enhances determination ofat least
`one of a headlamp of an approaching vehicle ahead of the
`equipped vehicle anda taillight of a leading vehicle ahead of the
`equipped vehicle; and
`wherein said spatial filtering comprises analysis of a spectral
`signature representative of at
`least one detected light source
`presentin said forward field of view of said imaging sensor.
`
`D. References Relied Upon
`
`Petitioner relies upon the following prior art references:
`
`amb
`a
`References. 5 | Dat
`Yanagawa, Published June 15, 1987|Ex. 1004
`
`Japanese Kokai
`:
`Application, No. $62-
`131837, with certified
`translation.
`Kenue,
`U.S. Pat. No. 4,970,653.
`
`Issued Nov. 13, 1990
`
`translation.”
`
`Ex. 1005
`
`Tadashi, Published April 28, 1992|Ex. 1006
`
`Japanese Kokai
`Application No. Hei 4-
`127280, with certified
`
`? Werefer to “Yanagawa”and “Tadashi”as the English translations of the original
`|
`5
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`Vellacott,
`“CMOSin Camera”, IEE
`
`May 1994
`
`Venturello,
`European Patent
`Application Publication
`
`Ex. 1007
`
`Ex. 1008
`
`No. 0 353 200.
`Venturello
`
`E. The Asserted Grounds
`Petitioner asserts the following grounds of unpatentability under 35 U.S.C.
`
`§ 103:
`
`28, 29, 30, 31, 32, 33,
`and 34
`
`35, 37 and 38
`
`103(a)
`
`.
`
`Yanagawa
`Kenue
`Tadashi
`Vellacott
`Venturello
`Yanagawa
`Kenue
`Tadashi
`Bendell
`Yanagawa
`Kenue
`Tadashi
`Bendell
`
`II. ANALYSIS
`
`A. Claim Construction
`
`In an inter partes review, “[a] claim in an unexpired patent shall be givenits
`broadest reasonable construction in light of the specification of the patent in which
`
`
`references. Petitioner provided affidavits attesting to the accuracy of the
`translations. See Exs. 1005, 1007; 37 C.F.R. § 42.63(b).
`6
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`it appears.” 37 C.F.R. § 42.100(b); see also Office Patent Trial Practice Guide, 77
`Fed. Reg. 48,756, 48,764, 48,766 (Aug. 14, 2012) (Claim Construction); In re Am.
`Acad. ofSci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004). “[W]hen
`
`interpreting a claim, words of the claim are generally given their ordinary and
`
`accustomed meaning, unless it appears from the specification or the file history
`that they were used differently by the inventor.” In re Paulsen, 30 F.3d 1475, 1480
`(Fed. Cir. 1994). Any special definition for a claim term mustbesetforth in the
`
`specification with reasonable clarity, deliberateness, and precision. Jd. (citation
`
`omitted). Against this background of general principles, we construe relevant
`
`terms in the 588 patent.
`
`Petitioner proposes specific construction of the claim terms “spatial
`
`filtering” (Pet. 7); “spectral,” “spectral characteristic,” or “spectral signature” (Pet.
`9); and “pattern recognition” (Pet. 11). Patent Ownerasserts specific constructions
`for the phrase “spatial filtering” (Prelim. Resp. 29); and the phrase “‘said spatial
`
`filtering identifies, at least in part, atmospheric conditions,” recited in claim 28
`
`(Prelim. Resp. 30). For purposes of this decision, we conclude that only “spatial
`
`filtering” needs to be interpreted.
`
`“Spatialfiltering”
`Petitioner proposes that the claim term “spatial filtering” should be
`construed to mean “categorization of data that involves an assessment of
`
`information obtained from bothafirst pixel or group of pixels and a secondpixel
`
`or group of pixels, wherein the first pixel or group of pixels is adjacent or closely
`
`related to the second pixel or group ofpixels.” Pet. 9.
`
`Patent Ownerasserts that Petitioner misconstrued the phrase “spatial
`
`filtering” (Prelim. Resp. 29) and that Petitioner’s proposed construction “is wrong
`
`because it does not include a spectral signature component”(id. at 30).
`
`7
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`The Specification states that “[b]y spatial filtering is meant consideration of
`
`not only whethera particular pixel, or pixel group, is detecting a light source
`
`having a particular spectral signature, but also what adjacent, or closely related,
`pixels or pixel groups, are detecting.” Ex. 1002, col. 10, ll. 55-59 (emphasis
`
`added). We agree with Patent Ownerthat the Specification thereby expressly
`
`defines the term “spatial filtering.” This definition is fully consistent with the
`
`claims, whichstate the result of spatial filtering. For example, claim 30 states that
`spatial filtering, at least in part, identifies atmospheric conditions by detecting the
`effect on a light source caused by different types of atmospheric conditions; claim
`
`33 states that spatial filtering enhances determination of a light source; and claim
`35 states that spatial filtering enhances determination of a headlampora taillight.
`
`Based on the evidence before us and for purposes of this Decision, the
`broadest reasonable construction in light of the Specification of the claim term
`
`“spatial filtering” is consideration of not only whethera particular pixel, or pixel
`
`group,is detecting a light source having a particular spectral signature, but also
`
`whatadjacent, or closely related, pixels or pixel groups, are detecting.
`
`E. Asserted Grounds of Unpatentability
`
`1. Claims 28 and 35
`
`Petitioner asserts that independent claims 28 and 35 would have been
`obvious based on a combinationofreferences, including Yanagawa, Kenue, and
`Tadashi. Pet. 14, 41.°
`|
`Claims 28 and 35 require that the image processing include“spatial
`filtering” and, in claim 28, that the spatialfiltering, at least in part, identify
`atmospheric conditions. Petitioner relies on Yanagawa, Kenue, or Tadashifor the"
`
`3
`
`.
`.
`Wefocus on these three references because analysis of these referencesis
`dispositive of our Decision.
`.
`
`8
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`disclosure ofspatial filtering. For purposes of this Decision, we have construed the
`phrase “spatial filtering” to mean “consideration of not only whether a particular
`pixel, or pixel group,is detecting a light source having a particular spectral
`signature, but also what adjacent, or closely related, pixels or pixel groups, are
`detecting.” Spatialfiltering, as defined, requires detection of a light source having —
`a particular spectral signature. The Specification of the 588 patentstates that
`
`spectral characteristics are used in identifying a light source by comparing the
`
`spectral characteristics with spectral signatures of known light sources, such as
`
`those of headlights andtaillights. Ex. 1002,col. 2, Il. 5-9. As explained in the
`
`Specification, taillights are detected by identifying and analyzing a “red”pixel
`
`from the visible light electromagnetic spectrum, whereas headlights are detected by
`identifying and analyzing red,green,and blue pixels. Accordingly, a “spectral
`signature”is a unique identifier of visible light based on wavelengths ofthe
`electromagnetic spectrum. Spatialfiltering, thus, requires detecting this unique
`identifier of visible light.
`
`The Specification states that spatial filtering can be useful in identifying
`
`atmospheric conditions by detecting effects on light sources caused by particular
`
`types of atmospheric conditions. Ex. 1002, col. 11, ll. 15-17. As explained in the
`
`Specification, fog, or fine rain, tends to produce a dispersion effect aroundlight
`sources, which creates a series of transition regions surrounding the light source.
`
`Id. at col. 11, Il. 20-22. By placing appropriate limits on the size of the transition
`
`region, fog orlight rain, or a mixture of both, or other related atmospheric
`
`conditions, can be detected. Jd. at col. 11, Il. 24-26.
`
`Petitioner asserts that Yanagawadiscloses an image sensing system using
`
`“spatialfiltering.” Pet. 19. According to Petitioner, Yanagawa recognizes
`
`taillights “when two closely related pixels or pixel groups each indicate the
`
`9
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`presenceofred light, and recognizes headlights when twoclosely related pixels or
`
`pixel groups each indicate the presence of white luminescentcolors. /d., citing Ex.
`1004, 1004-003.* The cited disclosure in Yanagawa, however, doesnotrefer to
`pixels or pixel groups. The cited disclosure, which Petitioner quotes accurately,
`
`states that recognition unit 143 determines whether the image, from which features
`
`have beenextracted,is a taillight based on whether there are two red imagesat the
`
`same height. Ex. 1005, 1005-003.
`
`Patent Ownerasserts that Petitioner “failed to show howthe applied
`references suggestthis requirement[spatialfiltering] of the claims.” Prelim. Resp.
`
`40-41.
`
`Yanagawadiscloses a recognition device for a traveling vehicle that
`
`recognizes the presenceoftaillights of a vehicle traveling ahead and headlights of
`
`an oncoming vehicle. Ex. 1005, 1005-001, col. 2. The recognition device uses an
`
`imaging sensor, such as a color television camera. Jd. at 1005-002, col. 2. The
`
`device extracts color features of headlights andtaillights to form a feature
`
`extracted color image signal based on a color video signal imaged by the imaging
`
`apparatus, recognizes the headlights andtaillights of a vehicle ahead, and controls
`the headlight beams based on this recognition result. Jd. As shown in Figure 1
`from Yanagawa, reproducedbelow,a video signal of images from television
`
`camera 11 is supplied to decoder 13. Decoder 13 forms R (red), G (green) and B
`
`(blue) color image signals based on the video signal, and supplies the color image
`
`signals to imagesignal processor 14. /d. at 1005-003. Features are extracted by
`image signal processor 14 from the color image signal, and the luminescent colors
`
`of white and red are emphasized.
`
`/d.
`
`Imagesignal processor 14 includes features
`
`* The citation is to the unique, sequential page numberofthe exhibit. 37 C.F.R.
`§ 42.63(d)(2)(i).
`.
`
`10
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`extraction unit 141, as shownin Figure 4, reproduced below. Jd. The R, Gand B
`
`color image signals from decoder 13 are supplied to features extraction unit 141,
`
`wherethe inputted image signals “are binarized” to capture only information
`
`relating to headlights andtaillights. /d. Based on the information captured,
`recognition unit 143 determines whetherthe imageis a taillight. Jd. Recognition
`unit 143 makes this determination according to whether there are two red imagesat
`
`the sameheight. Jd.
`
`Figure 4 from Yanagawa
`
`Petitioner, however, has not pointed us to sufficient evidence showingthat .
`Yanagawadiscloses or suggests spatial filtering as required by claims 28 and 35,
`
`11
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`i.e., consideration of not only whethera particularpixel, or pixel group, is
`detecting a light source having a particular spectral signature, but also what
`adjacent, or closely related, pixels or pixel groups, are detecting. The disclosure on
`
`which Petitioner relies, a determination based on the physical height of two
`detected red lights, is a recognition of a pattern;it is not spatialfiltering as required
`by the claims of the ’588 patent.”
`
`Alternatively, Petitioner asserts that both Kenue and Tadashidisclose spatial
`
`filtering. Pet. 21.
`
`Petitioner asserts the boundary tracing algorithm of Kenueincludesspatial
`filtering, as claimed in claims 28 and 35. Pet. 20. Patent Owner’s declarant,
`Jeffrey A. Miller, Ph:D., opines that Kenue “showsspatial filtering.” Ex. 1012, ]
`
`19, p. 1009-14.
`
`Kenue discloses that the boundary tracing algorithm saves connected or
`adjacentpixels, and follows the contour of a lane markeror a road edgein all
`
`directions. Ex. 1005,col. 6, Il. 7-9. Next, obstacle detection is performed by
`
`counting edge pixels within the lane boundaries and within 50feet of the vehicle.
`Id. at col. 6, Il. 18-20. Wenote that the Specification of the ’588 patent states that
`“[l]Jane markers, signs, and other sourcesofreflected light . .. may be readily
`identified by spectral signature.” Ex. 1002, col. 10, Il. 45-47.
`
`.
`
`Kenue programs a computer with algorithms for processing the images
`
`sensed by the camera. Ex. 1005, col. 2, ll. 40-41. Kenue discloses two main
`algorithms for processing the image. One uses a Houghtransform andthe other
`
`uses template matching. Jd. at col. 2, ll. 41-44. In the template matching
`
`> See discussion ofpattern recognition in the 588 patent (Ex. 1002, col. 11, Il. 1-
`14), which discusses the fact that headlights andtaillights usually occur in pairs.
`Pattern recognition is not spatial filtering (e.g., id. at col. 10, Il. 55-59).
`12
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`algorithm, a template or window ofdesired intensity and shapeis correlated with
`the image to create a correlation matrix.
`/d. at col. 3, ll. 22-26. In the Hough
`
`algorithm, the intensity of pixels is determined and usedto identify lane markers
`
`and obstacles. Jd. at col. 6, 1l.47-60. Thus, the algorithms in Kenue rely on
`intensity or shape, not color, to identify objects of interest. Indeed, the system in
`
`Kenue does not analyze color, because Kenue uses a “black and white CCD video
`
`|
`
`camera.” Jd. at col. 2, ll. 29-30. Because Kenue doesnot detect color, Kenue does
`not consider any “spectral signature” and, therefore, does not provide “spatial
`filtering,” as required by claims 28 and 35.
`Asa secondalternative, Petitioner asserts that Tadashi discloses spatial
`filtering. Pet. 19. According to Petitioner, Tadashi uses spatial filtering to detect
`the presence of tunnels. Jd. Petitioner cites and quotes from the Tadashi
`
`disclosure, which discusses detecting black level and white level regions of an
`
`image. Jd. Petitioner does not direct our attention to any disclosure in Tadashithat
`
`provides “spatial filtering,” as required by claims 28 and 35. We are not persuaded
`
`that Tadashi’s black and white image processing constitutes “spatialfiltering” as
`
`required by claims 28 and 35.
`
`Petitioneralso relies on the declaration of Dr. Miller. Dr. Miller essentially
`
`-
`
`repeats Petitioner’s assertions in opining that Yanagawa, Kenue, and Tadashi
`
`disclose spatial filtering. Ex. 1009, 7 19, p. 1009-13—-1009-15.
`
`Based onthe analysis above, we are not persuaded that Yanagawa, Kenue,
`
`or Tadashidiscloses spatialfiltering as required by claims 28 and 35.
`Moreover, Petitioner does not provide a persuasive explanation as to why a
`person ofordinary skill would combine the technologies of Kenue or Tadashi with
`
`Yanagawato defeat patentability of claims 28 and 35. The rationale providedis
`
`that the proposed modification “would merely be a use of known techniquesto
`
`13
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`improve similar devices in the same way.” See Pet. 21. This “rationale”is a
`
`restatementof one ofthe basic. tests identified by the Supreme Court for
`
`determining whether an invention would have been obvious. KSR, 550 U.S. 416
`
`(“The combination of familiar elements according to known methodsislikely to be
`obvious whenit does no morethan yield predictable results.”) Restatement of
`generalprinciples on what may constitute a supporting rationale cannotsubstitute
`for specific application of those principles to the facts. Petitioner does not provide
`a persuasive fact-based analysis to support the proposed combination ofreferences.
`:
`Further, Petitioner does not rely on the additional references asserted against
`claims 28 and 35, that is, Vellacott, Venturello, and Bendell, as teaching the
`“spatial filtering” recited in claim 1. Pet. 14-15, 23, 42.
`Accordingly, based on the arguments and evidenceof Petitioner, we are not
`
`persuadedthat there is a reasonable likelihood that Petitioner would prevail in
`challenging the patentability of claims 28 and 35 orthe claims dependent thereon,
`which include claims 29-34 and 36-38. Petitioner has the burden of proof to
`establish a reasonable likelihood ofprevailing on its asserted grounds. Based on
`whatis presented in the Petition and supporting declaration, Petitioner has not met
`
`that burden.
`
`III. CONCLUSION
`
`For the foregoing reasons, basedon the information presented in the
`Petition, we determine that Petitioner has not demonstrated a reasonable likelihood
`that it would prevail in establishing that any of claims 28-38 of the ’588 patent are
`
`unpatentable. Accordingly, we deny the Petition and do notinstitute an inter
`
`partes review of claims 28-38 of the ’588 patent.
`
`14
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`For the reasonsgiven,it is
`
`IV. ORDER
`
`ORDEREDthat the Petition challenging the patentability of claims 28-38 of
`
`U.S. Patent No. 8,222,588 B2 is denied.
`
`
`
`IPR2014-00265
`Patent 8,222,588 B2
`
`FOR PETITIONER:
`
`Josh Snider
`Timothy Sendek
`A. Justin Poplin
`LATHROP & GAGE LLP
`patent@lathropgage.com
`tsendek@lathropgage.com
`jpoplin@lathropgage.com
`
`FOR PATENT OWNER:
`
`Timothy A. Flory
`Terence J. Linn
`GARDNER, LINN, BURKHART & FLORY, LLP
`Flo
`Ibf.com
`linn@glbf.com
`
`David K.S. Cornwell
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`davidc-PTAB@skgf.com
`
`
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