Trials@uspto.gov
`571-272-7822
`
`Paper No. 8
`Entered: May 13, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VOLKSWAGEN GROUP OF AMERICA,INC.,
`Petitioner,
`
`v.
`
`WEST VIEW RESEARCH,LLC,
`Patent Owner.
`
`Case IPR2016-00177
`Patent 8,781,839 Bl
`
`Before KARL D. EASTHOM, MICTTATT. RK. ZECHER, and
`JASON J. CHUNG, Administrative Patent Judges.
`
`ZEUCIIER, Adminisirutive Puieni Judge.
`
`DECISION
`Institution of Inter Puries Review
`35 USC. § 314(a) and 37 CER. § 42.108
`
`
`571-272-7822
`
`Paper No. 8
`Entered: May 13, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VOLKSWAGEN GROUP OF AMERICA,INC.,
`Petitioner,
`
`v.
`
`WEST VIEW RESEARCH,LLC,
`Patent Owner.
`
`Case IPR2016-00177
`Patent 8,781,839 Bl
`
`Before KARL D. EASTHOM, MICTTATT. RK. ZECHER, and
`JASON J. CHUNG, Administrative Patent Judges.
`
`ZEUCIIER, Adminisirutive Puieni Judge.
`
`DECISION
`Institution of Inter Puries Review
`35 USC. § 314(a) and 37 CER. § 42.108
`
`
`
`IPR2016-00177
`Patent 8,781,839 Bl
`
`I. INTRODUCTION
`
`Petitioner, Volkswagen Group of America, Incorporated
`
`(“Volkswagen”), filed a Petition requesting an inter partes review of
`claims 1, 10, 11, 16, 22, 23, 29, and 35 of U.S. Patent No. 8,781,839 B1
`(Ex. 1001, “the ’839 patent”). Paper 2 (“Pet.”). Patent Owner, West View
`Research, Limited Liability Corporation (“West View”), filed a Preliminary
`Response. Paper 6 (“Prelim. Resp.”).
`|
`Under 35 U.S.C. §3 14(a), an inter partes review may notbeinstituted
`unless the information presented in the Petition shows“there is a reasonable
`likelihood that the petitioner would prevail with respect to at least 1 of the
`
`claims challengedin thepetition.” Taking into account the arguments
`presented in West View’s Preliminary Response, we concludethat the
`information presented in the Petition establishes that there is a reasonable
`likelihuud that Volkswagen would prevail in challenging claims1, 10, 11,
`16, 22, 23, 29, and 35 of the ’839 patent as unpatentable under 35 U.S.C.
`
`§ 1U3(a). Pursuant to § 314, we herebyinstitute an inter partes review as to
`
`these claims of the °839 patent.
`
`A, Related Matters
`
`The ’839 patentis involved in, or may be affected by, the following
`district court cases: (1) West View Research, LLC vy, Audi AG, No. 3:14-cv-
`02668-BAS-JLB(S.D.Cal.); (2) West View Research, LLC v. Bayerische
`Motoren Werk AG, No. 3:14-cv-02670 (S.D. Cal.); (3) West View Research,
`
`LLC v. Hyundai Motor Co., No. 3:14-cv-02675 (S.D. Cal.); (4) West View
`Research, LLC v. Nissan Motor Co., No. 3:14-cv-02677 (S.D. Cal.); and (5)
`
`
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`IPR2016-00177
`Patent 8,781,839 B1
`
`West View Research, LLC v. Tesla Motor, Inc., No. 3:14-cv-02679 (S.D.
`
`Cal.). Pet. 1; Paper 4,2.
`
`In addition to this Petition, Volkswagenfiled otherpetitions
`
`challenging the patentability of certain subsets of claimsin the following
`patents owned by West View: (1) U.S. Patent No. 8,065,156 B2 (Case
`IPR2015-01941); (2) U.S. Patent No. 8,719,037 B2 (Case IPR2016-00123);
`(3) U.S. Patent No. 8,706,504 B2 (Case IPR2016-00124); (4) U.S. Patent
`No. 8,290,778 B2 (Case IPR2016-00125); (5) U.S. Patent No. 8,682,673 B2
`
`(Case IPR2016-00137); (6) U.S. Patent No. 8,719,038 B1 (Case IPR2016-
`00146); and (7) U.S. Patent No. 8,296,146 B2 (Case IPR2016-00156). Pet.
`
`1-2.
`
`b. The ’83Y Patent
`
`The °839 patent, titled “Computerized Information and Display
`Apparatus,” issued July 15, 2014, from U.S. Patent Application
`No. 13/746,266,filed on January 21, 2013. Ex. 1001, at [54], [45], [21],
`
`[22]. The ’839 patent has an extensive chain of continuationsandat least
`onedivisional that ultimately claims the benefit of U.S. Patent Application
`
`No. 09/330,101, filed on June 10, 1999—now US. Patent No. 6,615,175 Bl.
`
`Id. at [60], 1:4-27.
`
`The ’839 patent generally relates to a personnel transport apparatus
`and, in particular, to elevators or other types of personneltransport devices
`that incorporate various information technologies. Ex. 1001, 2:32-35, 6:61-
`67. Accordingto the ’839 patent, one problem associated with using these
`devicesrelates to determining the location of a person,firm, or store within a
`building or structure. Jd. at 2:59-60. For instance, conventional building
`
`
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`IPR2016-00177
`Patent 8,781,839 Bl
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`directories require a user to locate manually or visually the nameofthe
`
`desired person,firm, or store, and often do not provide precise location
`
`information other than a floor or suite number. Jd. at 2:61-67. The ’839
`
`patent discloses that recent advancements in data networking,thin or flat
`
`panel displays, personal electronics, and speech recognition/compression
`
`algorithms and corresponding processing, as enhancing the ability of a user
`
`to address the aforementioned problem. Jd. at 3:62—4:2.
`
`The *839 patent proposes to use these recent advancements to create
`an apparatusfor locating an organization or entity disposed within a building
`
`or structure. Ex. 1001, 4:17-19. Figure | of the ’839 patent, reproduced
`
`below,illustrates a block diagram of one embodimentof an information and
`
`control system that is used, e.g., within an elevator car. Jd. at 5:62—-64, 7:5—
`
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`
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`
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`
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`
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`CONTROL.CLT
`
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`
`
`ELEVATOR
`
`CONTROL
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`ap)
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`
`AN 139
`
`5
`STORAGE
`DEVICE
`
`P-7HOR
`
`FIG.
`
`1
`
`As shownin Figure 1, system 100 includes, amongother things, input
`
`device 102, speech recognition (“SR”) module 104, central processor 106,
`non-volatile storage device 108 containing a database, audio amplifier and
`
`speaker module 111, spéech synthesis module 112, micro-controller 123,
`
`
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`IPR2016-00177
`Patent 8,781,839 Bl
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`and display device 113. Ex. 1001, 7:7-15. SR module 104 further includes
`microphone 118, analog-to-digital converter (““ADC”) 141, and an algorithm
`run ondigital signal processor (“DSP”) 125 having an associated SR module
`
`randomaccess memory (“RAM”) 127. Jd. at 7:27—32.
`The °839 patent discloses that microphone 118 generates signals that
`
`are digitized by ADC 141, which, in turn, are processed using the SR
`algorithm and DSP 125 to producedigital representations of the user’s
`speech. Ex. 1001, 7:59-63. DSP 125 uses a speechlibrary or dictionary
`stored within SR module RAM 127 to match phenomestrings resulting from
`
`linear predictive coding analysis with known words. Jd. at 7:63-66. Once a
`matchis identified, central processor 106 and micro-controller 123
`implement the desired functionality, such as retrieving one or moredatafiles
`from non-volatile storage device 108 for display on display device 113. Id.
`
`at 7:66-8:2, Fig. 2.
`
`C. Illustrative Claim
`
`Ofthe challenged claims, claim | and 35 are independent.
`Independentclaim 1
`is directed to a computerized apparatus useful for:
`locating an organizationor entity, the organization or entity being disposed
`within a building or structure. Independentclaim 35 is directed to a
`vumpulerized apparatus. Claims 10, 11, 16, 22, 23, and 29 directly or
`indirectly depend from independent claim 1. Independentclaim 1 is
`illustrative of the challenged claims and is reproduced below:
`1.
`Computerized apparatus useful
`for
`locating an
`organization orentity, the organization or entity being disposed
`within a building or structure, the apparatus comprising:
`a wireless interface;
`data processing apparatus;
`
`5
`
`
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`IPR2016-00177
`Patent 8,781,839 Bl
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`a touch-screen input and display device;
`a speech digitization apparatus in data communication
`with the data processing apparatus; and
`a storage apparatus in data communication with the data
`processing apparatus, said storage apparatus comprising at least
`one computer program,
`said at
`least one program being
`configured to:
`receive a digitized speech input via the speech digitization
`apparatus, the input relating to an organization or entity which a
`user wishesto locate;
`based at least in part on the input, causing recognition of
`at Icast one word therein relating to the organization or entity,
`and identification of a location associated with the organization
`or entity basedat least in part on the at least one recognized word,
`the location being inside of the building or structure; and
`provide a graphicalor visual representation of the location
`on the touch screen input and display device in orderto aid a user
`in tinding the organization or entity, the graphical or visual
`representation of the location also comprising a graphical or
`visual representation of at least the immediate surroundings of
`the organization or entity, the immediate surroundings being
`inside the building or structure.
`
`Ex. 1001, 26:11—-40.
`
`D. Prior Art Relied Upon
`
`Volkswagenrelies upon the following priorart references:
`
`Goldman
`Hsieh
`Hollenberg
`
`Ezaki
`
`Greenwood
`
`Ito
`
`US 4,558,300
`US 5,574,443
`US 6,091,956
`
`Dec. 10, 1985
`Nov. 12, 1996
`July 18, 2000
`(filed June 12, 1997)
`US 6,201,544 B1 Mar. 13, 2001
`(filed Aug. 10, 1998)
`US 6,211,777. B1 Apr. 3, 2001
`(filed Nov. 30, 1998)
`June 19, 2001
`(tiled Jan. 21, 1999)
`
`US 6,249,740 B1
`
`Ex. 1008
`Fx 1006
`Ex. 1005
`
`Ex. 1004
`
`Ex. 1009
`
`Ex. 1003
`
`
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`IPR2016-00177
`Patent 8,781,839 Bl
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`D. Asserted Grounds of Unpatentability
`
`Volkswagen challenges claims 1, 10, 11, 16, 22, 23, 29, and 35 of the
`
`’839 patent based on the asserted grounds of unpatentability (“grounds”) set
`
`forth in the table below. Pet. 5-59.
`
`
`References Basis|Challenged Claim(s)
`
`
`
`Ito, Ezaki, and Hollenberg § 103(a)|1, 10, 11, 16, 22, 23, and 35
`
`
`
`
`
`Ito, Ezaki, Hollenberg, and § 103(a)|29
`
`Hsieh
`
`If. ANALYSIS
`
`A. Claim Construction
`
`In an inter partes review, we construe claims by applying the broadest
`
`reasonable interpretation in light of the specification. 37 C.F.R. § 42.100(b);
`
`In re Cuozzo Speed Techs., LLC, 793 F.3d 1268, 1278-79 (Fed. Cir. 2015),
`
`cert. granted sub nom. Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 890
`(mem.) (2016). Under the broadest reasonable interpretation standard, and
`
`absent any special definitions, claim terms or phrases are given their
`ordinary and customary meaning, as would be understood by oneofordinary
`skill in the art, in the context of the entire disclosure. In re Translogic Tech.,
`
`Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007).
`
`In its Pctition, Volkswagen contendsthat claim terms are presumed to
`
`take on their ordinary and customary meaning. Pet. 5. Volkswagen further
`argues that the specification ofthe ’839 patent does not include any special
`definitions tor any claim terms, nor does the prosecution history of the *839
`patent include any claim construction arguments. Jd. Volkswagen then
`
`
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`IPR2016-00177
`Patent 8,781,839 BI
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`asserts that all the claim terms should be given their broadest reasonable
`
`interpretation. Jd. We understand Volkswagento argue that, because there
`
`are no special definitions for any claim termsin the specification of the ’839
`patent and norelevant prosecutionhistory, each claim term or phrase should
`be given its ordinary and customary meaning, as would be understood by
`
`one of ordinary skill in the art, and need not be construed explicitly at this
`
`time.
`
`1, Alleged Deficient Petition Under 37 C.F.R. § 42.104(b)(3)
`West View contends that Volkswagenfails to provide proposed
`
`constructions tor several key claim terms of the ’839 patent and, therefore,
`
`the Petition includes a fatal defect. Prelim. Resp. 21. In particular, West
`
`View argues that Volkswagen’s failure to propose constructions for several
`key claim termsis contrary to 37 C.F.R. §42.104(b)(3), which requires a
`pelilioner lu identify “[h]ow the challenged claim is to be construed.” Id.
`West View further argues thal Volkswagenhasinferred certain meanings tor
`
`certain claim terms, bul has not explained adequately why those interences
`
`are appropriate. Jd. at 24. West View then directs us to several examples
`where Volkswagen purportedly inferred a construction for a claim term
`
`without providing any analysis. Id. at 24-32.
`
`At the outset, we note that the Office Patent Trial Practice Guide
`
`indicates that, where appropriate, the requirement imposed by § 42.104(b)(3)
`
`maybesatisfied by including a “simple statement that the claim termsare to
`be given their broadest reasonable interpretation.” 77 Fed. Reg. 48,756,
`48,764 (Aug. 14, 2012). Based on the particular circumstancesofthis case,
`Volkswagen’s contentions reproduced abovearesufficient to satisfy the
`
`
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`1PR2016-00177
`Patent 8,781,839 B1
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`requirement imposed by § 42.104(b)(3). For purposes of completeness, we
`
`now address each of the examples identified by West View in turn.
`
`a. “digitized speech input”(all challenged claims)
`
`West View contends that Volkswageninfers a construction of the
`
`claim phrase “digitized speech input” that is contrary to its proper
`construction, which, according to West View,includes(a) digitized speech
`
`that has not yet been recognized; (b) digitized speech that also has been run
`through a speech recognition algorithm; or (c) both (a) and (b). Prelim.
`Resp. 24. West View then argues that Volkswagen and its Declarant, Mr.
`Scott Andrews, improperly infer that “digitization” is synonymous with
`“recognition,” which,in turn, led Volkswagen to infer improperly that the
`computerized information systems of independentclaims | and 35 must
`necessarily perform recognition. Jd. (citing Ex. 1001, 7:59-63; Pet. 13).
`As an initial matter, we do not share West View’s view that, when
`
`presenting argumentsin the Petition to address the limitations in
`independent claims 1 and 35 that include the claim phrase “digitized speech
`input,” Volkswagen somehow hasinferred or implied a construction forthis
`claim phrase. In its Petition, Volkswagen simply states that “Ito discloses
`that the input 105 [illustrated in Figure 1] may be a data input device that
`uses voice recognition.” Pet. 13 (citing Ex. 1003, 10:39-47), 28 (stating the
`same). We do notview this statement, byitself, as an explanation as to how
`Volkswagenintendsto construe the claim phrase “digitized speech input.”
`Instead, we view this statement as an argument advanced by Volkswagen
`that the voice recognition used by Ito’s input 105 properly accountsforthe
`“digitized speech input,” as recited in independentclaims | and 35.
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`In any event, as we explained above, we understand Volkswagen to
`
`argue that, because there are no special definitions for the claim phrase
`
`“digitized speech input” in the specification of the ’839 patent, this claim
`phrase should be given its ordinary and customary meaning, as would be
`understood by oneofordinary skill in the art, in light of the entire disclosure
`
`of the ’839 patent. See Pet. 5. To the extent that we must determine whether
`the position taken by Volkswagen in its Petition is consistent with the
`ordinary and customary meaningofthe claim phrase “digitized speech
`input,” as would be understood by oneofordinary skill in the art, in light of
`the entire disclosure of the ’839 patent, we note that the evidence ofrecord
`
`supportsa finding that Ito’s input 105 that uses voice recognition necessarily
`requires converting the commandsspoken by a user from analog-to-digital
`form. See, e.g., Ex. 1010, 729 (admitting in Exhibit H of West View’s
`Revised Disclosure of Asserted Claims and Infringement Contentions in a
`
`related district court case that “all speech recognition systems inherently
`
`digitize the speaker’s analog voice’’).
`
`b.
`
`“a graphical or visual representation ofthe location ”
`(all challenged claims)
`
`West View contendsthat that Volkswagen doesnot provide a
`
`construction for the claim phrase “a graphical or visual representation ofthe
`location,” but instead performsa cursory “hand wave”as to the meaning of
`
`this claim phrase. Prelim. Resp. 25. West View further argues that
`Volkswagen and its Declarant, Mr. Andrews, do not explain adequately how
`the combined disclosures of Ezaki and Hollenberg accountfor the elements
`
`included in this claim phrase. Id. at 26. Instead, West View arguesthat
`Volkswagen simply has broken the elementsof this claim phraseinto
`
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`disparate parts and attempted to provide an index as to where each part is
`taughtin the prior art. Jd. West View asserts that evaluating the scope of
`the challenged claims by evaluating elements of the claimsin isolationis
`
`improper. Jd.
`
`Wedo not share West View’s view that Volkswagenhasresorted to a
`
`cursory “hand wave”as to the meaning of claim phrase “a graphical or
`visual representation of the location,” much less improperly evaluated the
`scope of this claim phrase by focusing on elements in isolation. As we
`explained above, we understand Volkswagento argue that, because there are
`no special definitions for this claim phrase in the specification ofthe °839
`patent, it should be given its ordinary and customary meaning, as would be
`understood by oneofordinary skill in the art, in light of the entire disclosure
`
`ofthe ’839 patent. See Pet. 5. We agree with Volkswagen in that we cannot
`
`discern howconstruing the claim phrase “a graphical or visual
`
`representation of the location” would add anyclarity to the claim phrase
`itself, which, in our view, is self-explanatory. For purposesof this decision,
`
`no explicit construction is necessary beyondits ordinary and customary
`
`meaning.
`
`c.
`
`“land-mobile transport apparatus” (claim 10)
`
`West View contendsthat the claim phrase “land-mobile transport
`
`apparatus” maybe highly relevant to an obviousness evaluation,yet
`Volkswagenhasnot explained adequately how the disclosures in Ezaki and
`Hollenberg of automobiles/sportsutility vehicles (“SUVs”) are germane to
`this claim phrase. Prelim. Resp. 26. West View asserts that Volkswagen
`leaves the answerto this claim construction issue, at best, completely to the
`
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`imagination and, at worst, contradictory to other assertions in its Petition.
`
`Td.
`
`Wedo not share West View’s view that an explicit construction of the
`
`claim phrase “land-mobile transport apparatus” is required to perform an
`
`obviousness evaluation. As we explained above, we understand
`
`Volkswagento argue that, because there are no special definitionsfor this
`claim phrase in the specification of the ’839 patent, it should be given its
`ordinary and customary meaning, as would be understood by one of ordinary
`
`skill in the art, in light of the entire disclosure of the °839 patent. See Pet.5.
`Weagree with Volkswagenin thal we cannot discern how construing the
`claim phrase “land-mobile transport apparatus” would add anyclarity to the
`claim phrase itself, which, in our view,is self-explanatory. For purposes of
`this decision, no explivit construction is necessary beyondits ordinary and
`
`customary meaning.
`
`d. purported “means-plus-function”limitations
`Lastly, West View contends that Volkswagenprovidesno analysis as
`to whethercertain limitations recited in independent claims 1 and 35 could
`
`be construed under 35 U.S.C. § 112 9 6. Prelim. Resp. 27. West View
`
`argues that, pursuant to § 42.104(b)(3), an explicit construction of each
`means-plus-function limitation is required that should include the
`identification of correspondingstructure disclosed in the specification thatis
`necessary to perform each claimed function. Jd. West View then directs us
`to the “storage apparatus” recited in independent claims 1 and 35 that
`includes “at least one computer program”configuredto “receive a digitized
`speech input,”“cause identification of a location,” and “provide a graphical
`visual representation of the location,” and argues thatit is at least facially
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`plausible that these portions ofthe challenged claims could be interpreted as
`means-plus-function limitations. Jd. at 29-30. West View asserts that the
`Petition is deficient because it does not offer possible constructions for these
`
`functions under § 112 § 6, muchless direct us to the relevant portions of the
`
`specification of the ’839 patent that may apply in such constructions. Jd. at
`
`31,
`
`In this case, because independent claims 1 and 35 do not use the
`phrase “meansfor,”“step for,” or a generic placeholder coupled with “for,”
`there is a presumption that § 112 § 6 does not apply. See Williamsonv.
`Citrix Online, LLC, 792 ¥.3d 1339, 1348 (Fed. Cir. 2015) (en banc in
`
`relevant part) (noting the failure to use the word “means”creates a
`rebuttable presumption that § 112 { 6 does not apply); Lighting World, Inc.
`v. Birchwood Lighting, Inc., 382 F.3d 1354, 1358 (Fed. Cir. 2004)(stating
`the same). Here, the only basis that West View proffers for overcoming the
`presumption that § 112 7 6 does not apply to these claims is an assertion that
`the vummpuler program configured to “receive a digitized speech input,”
`“cause identification of a location,” and “provide a graphical visual
`
`representation of the location,” arguably recites no particular structure to
`perform these functions. Prelim. Resp. 30-31. These functions configured
`to be performed by the computer program, however, do notrecite “means
`for,” nor does West View direct us to a nonce word, or verbal construct,
`
`devoid of a structure that is used as a substitute for “meansfor.” See
`
`Lighting World, 382 F.3d at 1360. Consequently, based on this record, West
`View has not presented sufficient rebuttal evidence to overcome the
`presumption that § 112 6 does not apply to the aforementioned limitations
`
`of independentclaims 1 and 35.
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`e. Summary
`
`In summary, we decline West View’s invitation to dismiss the Petition
`
`on the basis that Volkswagen’s contentions regarding claim construction are
`
`insufficient to satisfy the requirement imposed by § 42.104(b)(3), or because
`
`Volkswagen purportedly inferred a construction for a claim term without
`
`providing any analysis.
`
`2. Remaining Claim Construction Arguments
`
`West View also contends that, even under the broadest reasonable
`
`interpretation standard, Volkswagen assumesconstructions for several key
`
`claim terms that are unreasonable and, as a consequence,the Petition
`
`includesa fatal defect. Prelim. Resp. 32-39. For instance, West View
`argues that Volkswagen unreasonably construes the claim phrases
`“identification of a location associated with the organization or entity” and
`
`“a wireless interface,” and then improperly relies upon the disclosuresofIto,
`
`Hollenberg, or the combined disclosures of these references to account for
`each vluim phrase. Jd. at 33-38. Although West View couchesthese
`
`arguments as predicated on Volkswagen’s purportedly unreasonable claim
`constructions, we nonetheless view them as being directed to the merits of
`
`the asserted grounds based on obviousness. We, therefore, addressthese
`
`arguments underthe asserted grounds based on obviousness discussed
`
`below.
`
`B. Ubviousness Over the Combination ofIto, Ezaki, and Hollenberg
`
`Volkswagen contendsthat claims 1, 10, 11, 16, 22, 23, and 35 of the
`°839 patent are unpatentable under § 103(a) over the combination ofIto,
`Ezaki, and Hollenberg. Pet. 5-57. Volkswagen explains howthis proffered
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`combination teaches the subject matter of each challenged claim (id.), and
`
`relies upon the Declaration of Mr. Andrews (Ex. 1002 {{{ 4-26, 38-40) to
`support its positions. At this stage of the proceeding, we are persuaded by
`Volkswagen’s explanations and supporting evidence.
`Webegin ouranalysis with the principles of law that generally apply
`to a ground based on obviousness, followed by brief overviewsofIto, Ezaki,
`and Hollenberg, and then we addressthe parties’ contentions with respectto
`
`each challenged claim.
`
`1. Principles ofLaw
`A claimis unpatenlable under § 103(a) if the differences between the
`claimed subject matter andthe prior art are such that the subject matter, as a
`whole, would have been obviousat the time the invention was made to a
`person having urdinary skill in the art to which said subject matter pertains.
`KSR Int'l Co.v. Teleflex Inc., 550 U.S. 398, 406 (2007). The question of
`obviousnessis resolved on the basis of underlying factual determinations,
`including (1) the scope and contentofthe prior art; (2) any differences
`betweenthe claimed subject matter and the priorart; (3) the level of skill in
`the art; and (4) where in evidence, so-called secondary considerations.
`Graham v. John Deere Co., 383 U.S. 1, 17-18 (1966). We analyze this
`
`1 Volkswagen and its Declarant, Mr. Andrews,testifies as to the level of
`skill in the art as of June 10, 1999—theearliest effective filing date of the
`°839 patent. Pet. 38-39 (citing Ex. 1002 {{] 27-37). West View does not
`challenge this assessmentof the level of skill in the art or propose an
`alternative to this assessment. For purposesof this Decision, and to the
`extent necessary, we accept the assessment offered by Volkswagen and Mr.
`Andrews.
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`asserted ground based on obviousness with theprinciples identified above in
`
`mind.
`
`2. Ito Overview
`
`Ito generally relates to a communications navigation system that
`aupplics navigatiun dala necessary for route guidance trom a navigation base
`
`to a moving body, such as a vehicle. Ex. 1003, 1:9-12. Figure 1 of Ilo,
`reproduced below,illustrates one embodiment of the communications
`
`navigation system. fe. al 5:65-67, 8:11-13.
`
`?[ POSITION DATA
`i] CORRECTING
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`
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`Fig. 1
`
`i{
`
`As shown in Figure 1, the communications navigation system includes
`
`vehicle navigation apparatus 100 mounted in a vehicle and navigation base
`apparatus 150 arranged as a base. Ex. 1003, 8:13-16. Vehicle navigation
`apparatus 100 includes, amongotherthings, input 105 and display 106. Jd.
`at 9:53-58. Input 105 includes a data input device using voice recognition
`that allows a user to control the communications navigation system by using
`
`his/her voice to input corresponding data and commands. Jd. at 10:39-47.
`Display 106 includes a liquid crystal display (“LCD”) or cathode-ray tube
`(“CRT”) display unit that is equipped with a touch panel. Jd. at 10:48-50.
`Display 106 is capable of displaying detailed maps of the departure point,
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`course-changepoints along a recommendedroute, and the destination, as
`
`well as providing corresponding voice guidance. Jd. at 18:62—-67.
`
`3. Ezaki Overview
`
`Ezaki generally relates to display method for locating a floor number
`
`used in a navigation apparatus and,in particular, to a display methodthat
`visually displays the floor numberofa floorin a building, along with
`detailed information regardinga target institution. Ex. 1004, 1:7—-12, 4:36—
`
`59. Figure 2 of Ezakiillustrates the components of the navigation apparatus
`(not illustrated).
`/d. at 4:8-9, 4:60-61. The navigation apparatus includes,
`amongother things, processor 18 for controlling the navigation apparatus as
`a whole, display controller 21 for generating a map image, and display
`
`device 27 for displaying an image oulput.
`
`/d. at 5:10-22.
`
`4. Hollenberg Overview
`
`Hollenberg generally relates to distributed information systems and, in
`particular, to systemsthat exchange intormation aboutplaces, associated
`events, and details with mobile computers and their users. Ex. 1005, 1:5-8.
`Figure 1 of Hollenberg illustrates the main components of such a system for
`a physical defined environment, such as shopping areas(notillustrated). Jd.
`at 10:50-52. This system for communicating information includes, among
`other things, at least one mobile computer 18a—18c and at least one service
`provider, which further includes computer network 30a, transceivers 32a—
`32c, global positioning system (“GPS”) receiver 34a, control system 36a,
`data 38a, and memory 39a. Jd. at 11:43-12:12, Fig. 1.
`Hollenberg discloses at least one embodiment where the mobile
`computer, e.g., mobile computers 18a—18c, may be mountedin a vehicle for
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`use by visitors in a city to view traffic information and area attractions near a
`particular hotel. Ex. 1005, 6:31-54. The mobile computer may be removed
`from the vehicle so that it may be carried by a visitor as he/she explores the
`
`city on foot and used bythe visitor to learn about the city as he/she
`approacheshistoricalsites and attractions. Jd. at 6:50-54. The mobile
`computeralso may be usedto find locations in topographically complex
`areas surroundedby buildings and enclosed within a building, such as
`
`shopping malls.
`
`/d. at 5:13-28, 7:36—39,Figs. 2, 4.
`
`5. Claims 1 and 35
`
`a. Limitations
`
`In its Petition, Volkswagenrelies upon the collective teachingsofIto,
`Ezaki, and Hollenberg to accountforall the limitations recited in
`
`independentclaim 1. Pet. 8-19, 39-57. For instance, Volkswagen contends
`that Ito’s vehicle navigation apparatus 100, Ezaki’s navigation apparatus,
`
`and Hollenberg’s mobile computers 18a—18call qualify as a “computerized
`apparatus,” as recited in the preamble of independent claim 1. Jd. at 8-9,
`39-40. Volkswagen then arguesthat Ito’s vehicle navigation apparatus 100,
`
`which uses transmitting and receiving section 108to interface with a
`wireless network, and Hollenberg’s wireless system that provides services or
`intormation about places or events to mobile computers 18a—18c, each teach
`“a wireless interface,”as recited in independent claim 1. Jd. at 9-10, 40.
`
`Next, Volkswagen contendsthat Ito’s processing section 101 or main
`componentof its navigation apparatus 100, Ezaki’s processorthat controls
`the navigation apparatus, and Hollenberg’s computer together teach the
`“data processing apparatus,” as recited in independent claim 1. Pet. 10, 40—
`
`18
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`41. Volkswagenalso arguesthat Ito’s display 106, which includes a LCD or
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`CRTdisplay unit, and Hollenberg’s touch-screen graphical display unit, both
`
`teach “a touch-screen input and display device,” as recited in independent
`
`claim 1. Jd. at 10-11, 41. Volkswagen further argues that Ito’s input section
`
`105 that uses voice recognition, in conjunction with West View’s admission
`
`that “all speech recognition systems inherently digitize the speaker’s analog
`
`voice,” teach “a speech digitization apparatus in data communication with
`
`the data processing apparatus,” as recited in independent claim 1. Jd. at 11,
`41. Volkswagen further argues that Ito’s program storage section 102 serves
`as memory forstoring programs, Ezaki’s read-only memory (“ROM”) that
`stores various types of programs, and Hollenberg’s memory that stores
`computer programsall teach “a storage apparatus in data communication
`
`with the data processing apparatus, said storage apparatus comprising at
`least one computer program,”as recited in independent claim 1. Jd. at 12,
`
`41-42.
`
`Lastly, Volkswagenrelies upon Ito’s input 105 that uses voice
`recognition, together with Ito’s display device 106 that displays detailed
`maps, Ezaki’s navigation apparatusthat displays detailed maps, and
`Hollenberg’s mobile computers 18a-—18c that displays topographically
`
`complex locations, such as shopping malls, to teach “at least one computer
`
`program”configured to “receive a digitized speech input,” “cause
`identification of a location,” and “provide a graphical visual representation
`of the location,” as recited in independent claim 1. Pet. 13-19, 42-46. With
`a few exceptions, Volkswagenrelies upon essentially the same teachings of
`Ito, Ezaki, and Hollenberg to accountforall the limitationsrecited in
`
`ly
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`independent claim 35. Compareid. at 8-19, 39-46, with id. at 28-36, 53—
`
`57.
`
`In its Patent Owner Response, West View contends that Volkswagen
`
`does not explain adequately how Ito and Hollenberg, individually or
`collectively, teach the “wireless interface,” as recited in independent claims
`
`1 and 35. Prelim Resp. 34. In particular, West View arguesthat the wireless
`
`interface disclosed in the specification of the ’839 patent is a terrestrial high-
`data bandwidth information that specifically supports certain bandwidth
`requirements. . Jd. at 35-38 (citing Ex. 1001, 9:18-25, 12:3-4; Ex. 2007, 2-
`4; Ex. 2008, 1; Ex. 2009, 2). West View thenasserts that the wireless
`
`interfaces purportedly taught by Ito and Hollenberg do not teach a high
`bandwidth, generally ubiquitous single wireless interface described in the
`exemplary embodimentofthe ’839 patent. Jd. at 38 (citing Ex. 1001, 7:51-
`
`58)
`
`Onthe current record, we decline West View’s invitation to limit the
`
`“wireless iterface,” as recited {In independent claims | and 35, to a specific
`
`type of wireless interface described in the exemplary embodimentofthe
`’839 patent. Instead, in our view, the scope and breadth ofthe “wireless
`interface” required by these claims is broad enough to encompassIto’s
`transmitting and receiving section 108 that interfaces with a wireless
`network, as well as Hollenberg’s wireless system that provides services or
`information about places or events to mobile computers 18a—18c. Pet. 9-10,
`
`35-36.
`
`West View also contends that Volkswagen improperly infers that the
`
`“identification of a location associated with the organization orentity,” as
`
`recited in independentclaim 1, andsimilarly recited in independent claim
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`35, constitutes the floor numberof a floor in a building in which a target
`
`institution is located. Prelim. Resp. 33 (citing Pet. 14, 42-43). According to
`
`West
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