Trials@uspto.gov
`571-272-7822
`
`Paper 8
`Entered: December4, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLEINC.,
`Petitioner,
`
`Vv.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`Case IPR2018-01133
`Patent 9,538,152 B2
`
`Before MARC S. HOFF, BRYAN F. MOORE, and MONICAS.
`ULLAGADDI, Administrative Patent Judges.
`
`MOORE,Administrative Patent Judge.
`
`DECISION
`Instituting Inter Partes Review
`35 U.S.C. § 314
`
`I. INTRODUCTION
`
`Apple Inc. (“Petitioner”) requests inter partes review of claims 1-4 of
`
`U.S. Patent No. 9,538,152 B2 (“the ’152 patent,” Ex. 1001) pursuantto 35
`
`
`571-272-7822
`
`Paper 8
`Entered: December4, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLEINC.,
`Petitioner,
`
`Vv.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`Case IPR2018-01133
`Patent 9,538,152 B2
`
`Before MARC S. HOFF, BRYAN F. MOORE, and MONICAS.
`ULLAGADDI, Administrative Patent Judges.
`
`MOORE,Administrative Patent Judge.
`
`DECISION
`Instituting Inter Partes Review
`35 U.S.C. § 314
`
`I. INTRODUCTION
`
`Apple Inc. (“Petitioner”) requests inter partes review of claims 1-4 of
`
`U.S. Patent No. 9,538,152 B2 (“the ’152 patent,” Ex. 1001) pursuantto 35
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`IPR2018-01133
`Patent 9,538,152 B2
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`U.S.C. §§ 311 et seg. Paper 2 (‘‘Pet.”). Petitioner relies on the testimony of
`
`Dr. Oliver Cossairt. Ex. 1004. Institution of an inter partes review is
`
`authorized by statute when “the information presented in the petition .
`
`.
`
`. and
`
`. showsthat there is a reasonable likelihoodthat the
`.
`any response .
`petitioner would prevail with respect to at least 1 of the claims challenged in
`
`the petition.” 35 U.S.C. § 314(a); see 37 C-F.R. § 42.108. Upon
`consideration of the Petition and Preliminary Response, we conclude the
`information presented showsthere is a reasonable likelihood that Petitioner
`
`would prevail in establishing the unpatentability of claims 1-4 ofthe °152
`
`patent.
`
`A. Related Matters
`
`A decision in this proceeding could affect or be affected by the
`
`following case pending in the United States District Court for the Northern
`
`District of California and involving the ’152 patent: Corephotonics, Ltd.v.
`
`Apple Inc., Case No. 5-17-cv-06457 (N.D. Cal.). Pet. 2; Paper 4, 2 (Patent
`
`Owneralso asserts Corephotonics, Ltd. v. Apple Inc., Case No. 5:18-cv-
`
`02555 (N.D.Cal.) mayaffect, or be affected by, a decision in this
`
`proceeding).
`
`B. The ’152 patent
`
`The ’152 patentis directed to “multi-aperture imaging (“MAI”)
`systems with high colorresolution and/or optical zoom.” Ex. 1001, 1:15-18.
`The ’152 patent states that while mechanical zoom solutions are commonin
`digital still cameras, they are “typically too thick for most camera phones”
`and mayresult in “resolution compromise.” Id. at 1:35-43. In its
`background, the 152 patentstates that one of the known approachesis using
`a multi-aperture imaging (“MAI”) system, for example, a dual-aperture
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`imaging system (“DAI”) including “two optical apertures which may be
`
`formed by oneor two optical modules, and one or two image sensors” for
`
`‘implementing zoom, as well as increasing the output resolution.” Jd. at
`
`1:52-59,
`
`The Specification states that those known multi-aperture imaging
`
`systems“often trade-off functionalities and properties, for example zoom
`
`and color resolution, or imageresolution and quality for camera module
`
`height,” and therefore, there was a need to have thin multi-aperture imaging
`
`systemsthat “produce an image with high resolution (and specifically high
`
`color resolution) together with zoom functionality.” Jd. at 1:63-66, 1:67—
`
`2:3,
`
`As a solution to this problem, the’152 patent describes a dual aperture
`
`imaging system including a Wide sensor and a Tele sensor capturing a Wide
`
`image and a Tele image from two apertures, where colorfilter arrays may be
`used in the Wide sensorand Tele sensor. | Id. at 2:34-65. The Wide image
`and Tele image maybe fused to “output one fused (combined) output zoom
`
`image processed according to a user [zoom factor] ZF input request.” Jd. at
`
`3:17-20.
`
`The ’152 patent describes a dual-aperture zoom imaging system 100
`
`including a Wide subset 104 and a Tele subset 106 each having a respective
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`sensor. Jd. at Figs. 1A, 1B. The ’152 patent explains that a processor 108
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`“fuses ...a Wide image obtained with the Wide subset and a Tele image
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`obtained with the Tele subset, into a single fused output image according to
`
`a user-defined ‘applied’ ZF input or request.” Jd. at 5:60-6:2. The ’152
`
`patent explains that an overlap area 110 of the Wide image and Tele image
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`is illustrated on the Wide imagein the figure. Jd. at 4:62-64, 6:2-9.
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`To obtain the output image, the ’152 patent teachesaregistration
`
`process, which “chooseseither the Wide image or the Tele image to be a
`primary image... based on the ZF chosenfor the output image.” Jd. at
`
`9:20-21, 31-33. The registration process “considers the primary imageas
`
`the baseline image andregisters the overlap area in an auxiliary imagetoit,”
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`and the “output image point of view is determined according to the primary
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`image point of view (camera angle).” Jd. at 9:20-28.
`
`C. Illustrative Claim
`
`Independentclaim 1, reproduced below,isillustrative of the claimed
`
`subject matter:
`
`l.
`
`A multi-aperture imaging system comprising:
`a first camera that providesa first image, the first camera
`havinga first field of view (FOV)) andafirst sensor with a first
`plurality of sensor pixels coveredat least in part with a standard
`color filter array (CFA);
`a second camerathat provides a second image, the second
`camera having a second field of view (FOV2) such that
`FOV2<FOV;, and a second sensor with a second plurality of
`sensor pixels being either Clear or covered with a standard CFA,
`the second imagehaving an overlap area with thefirst image; and
`a processor configured to provide an output image from a
`point of view of the first camera based on a zoom factor (ZF)
`input that defines a respective field of view (FOVzr), the first
`image being a primary image and the second image being a non-
`primary image, wherein if FOV2<FOVz-<FOV,thenthe point of
`view of the output imageis that of the first camera, the processor
`further configured to register the overlap area of the second
`image as a non-primary image to the first image as primary
`image to obtain the output image.
`
`Ex. 1001, 12:60-13:13.
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`D. Asserted Grounds of Unpatentability
`
`Petitioner asserts that claims 1-4 are unpatentable based on the
`
`following grounds:
`
`Reference(s)
`
`Basis Claims challenged
`
`Border! and Parulski?
`
`§ 103
`
`Pet. 12.
`
`II. DISCUSSION
`
`A.
`
`1,
`
`Relevant Law
`
`Obviousness
`
`A claim is unpatentable under 35 U.S.C. § 103(a) if the differences
`
`between the claimed subject matter and the 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 ordinary skill in the art to which said subject matter
`
`pertains. KSR Int’l Co.v. Teleflex Inc., 550 U.S. 398, 406 (2007). The
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`question of obviousnessis resolved on the basis of underlying factual
`
`determinations including (1) the scope and contentofthe priorart; (2) any
`
`differences between the claimed subject matter and the priorart; (3) the level
`of skill in the art; and (4) where in evidence, so-called secondary
`considerations, including commercial success, long-felt but unsolved needs,
`
`>
`
`'US Patent Application Pub. No. 2008/0030592 A1, filed Aug. 1, 2006,
`published Feb. 7, 2008. (““Border,” Ex. 1006).
`~
`2 US Patent No. 7,859,588 B2, filed Mar. 9, 2007, issued Dec. 28, 2010.
`(‘‘Parulski,” Ex. 1007).
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`failure of others, and unexpected results.?> Graham v. John Deere Co.,
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`383 U.S. 1, 17-18 (1966) (“the Graham factors”).
`
`2.
`
`Level ofSkill
`
`For an obviousness analysis, prior art references must be “considered
`
`together with the knowledgeofoneof ordinary skill in the pertinent art.”
`
`In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994) (quoting Jn re Samour,
`
`571 F.2d 559, 562 (CCPA 1978)). Moreover, “it is proper to take into
`
`accountnot only specific teachings of the reference but also the inferences
`
`which oneskilled in the art would reasonably be expected to draw
`
`therefrom.” Jn re Preda, 401 F.2d 825, 826 (CCPA 1968). That is because
`
`an obviousness analysis “need not seek out precise teachings directed to the
`
`specific subject matter of the challenged claim, for a court can take account
`
`of the inferences and creative steps that a person of ordinary skill in theart
`
`would employ.” KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 418 (Fed. Cir.
`
`2007); In re Translogic Tech., Inc., 504 F.3d 1249, 1259 (Fed. Cir. 2007).
`
`Petitioner asserts a person of ordinary skill in the art of the subject
`matter of the ’152 patent at the time of the invention would have had a
`
`bachelor’s or the equivalent degree in computer science or
`electrical and/or computer engineeringora related field and 2-3
`years of experience in imaging systems including optics design
`and imaging processing [and] a person with less
`formal
`education but more experience, or more formal education butless
`experience, could have also met the relevant standard for a
`[person of ordinary skill in the art of the subject matter of the
`’152 patentat the time of the invention. ]
`
`3 Patent Owner doesnot put forth evidenceit alleges tends to show
`secondary considerations of non-obviousnessin its Preliminary Response.
`
`6
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`Pet. 9 (citing Ex. 1004, § 19). We adopt Petitioner’s articulation of the level
`of skill and acknowledgethat the level of ordinary skill in the art is also
`reflected by the prior art of record. See Okajima v. Bourdeau, 261 F.3d
`1350, 1355 (Fed. Cir. 2001); In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir.
`1995); In re Oelrich, 579 F.2d 86, 91 (CCPA 1978).
`
`B.
`
`Claim Construction
`
`In an inter partes review, we construe claim terms in an unexpired
`patent according to their broadest reasonable constructionin light of the
`specification of the patent in which they appear. 37 C.F.R.§ 42.100(b)
`(2016). Consistent with the broadest reasonable construction, claim terms
`are presumedto have their ordinary and customary meaning as understood
`by a person ofordinary skill in the art in the context of the entire patent
`disclosure. In re Translogic Tech., 504 F.3d at 1257.
`In view of our analysis below, we determinethatat this stage, no
`claim terms require express construction. See Vivid Techs., Inc. v. Am. Sci.
`& Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999) (Only termsthatare in
`controversy needto be construed, and only to the extent necessary to resolve
`
`the controversy).
`
`C. 35 U.S.C. § 325 (d)
`Petitioner argues that we should not exercise our discretion under 35
`U.S.C. § 325(d) to decline institution because Border* was before the
`Examiner during prosecution of the ’152 patent. Pet. 12-13 (citing
`Limelight Networks, Inc. v. Mass. Inst. of Tech., Case IPR2017-00249, Paper
`
`4 Parulski was not before the Examiner. Pet. 13
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`7
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`9, 7 (PTAB May18, 2017) (instituting despite a § 325(d) challenge where
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`reference was neversubstantively discussed by Examiner).
`
`Petitioner asserts (and we agree) that there was no substantive
`
`discussion of Border during the prosecution of the °152 patent. Pet. 12.
`
`Petitioner states that Border was cited in an Information Disclosure
`
`Statement (IDS) Form (Ex. 1002, 94), but was not discussed or relied upon
`for any claim rejection during prosecution ofthe 152 patent. Id. Although
`Border was identified on an IDS, we do not determine that that the same
`
`arguments set forth in the Petition were considered by the Examiner. In
`addition, Borderis being put forth as part of an obviousness ground that
`
`includes Parulski. The record includes no evidence that the Examiner
`
`considered Parulski, or that the combination of Border and Parulski was
`
`used by the Examinerto reject any claims. Accordingly, we decline to
`exercise our discretion to deny institution under 35 U.S.C. § 325(d).
`
`D.
`
`Obviousness over Border and Parulski
`
`1. Overview ofBorder
`
`Border describes providing a digital camera with an extended zoom
`range without unduly increasing the size or cost of the digital camera “while
`providing good perceived image quality throughout the zoom range.” Ex.
`1006 ¥ 10. As shown in Figure 5 of Border, reproduced below,the
`processorof a digital camera includes an image compositor 202 to form a
`composite image 208 using the two images, wide image 204 andtelephoto
`image 206 of the samescene,that are captured using lenses having different
`focal lengths. Jd. | 70.
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`202
`
`2068
`
`210
`
`IMAGE
`
`
`
`204
`
` TELEPHOTO
`
`~ IMAGE.
`
`; DETERMINER
`
`
`
`: RESAMPLER |
`
`REGISTRATION
`
`208
`
`
`
`COMPOSITE
`IMAGE
`200M
`IMAGE
`||AMOUNT
`
`FIG. 5
`Asseen in Figure 5, above, the image registration determiner 212
`determines the registration between the wide image 204and the telephoto
`image 206, so that the two images are matchedto “locate the high-resolution
`image accurately into the low-resolution image andthenstitched into place
`so the edge between the two imagesin the composite image is not
`discernible.” Jd. § 29, Fig. 5. Border goes on to explain that in the context
`of Figure 5, telephoto image 206 captures a smaller portion of the scene, but
`with greater resolution than wide image 204. Id. {| 36.
`,
`Borderalso describes that an image resampler 214 of the processor
`produces the composite image 208 based on a zoom amount Z specifying the
`desired relative zoom amountof the produced composite image 208. Jd.
`4 43. Specifically, Border explains that the composite image 208is
`generated from the two images and that the resulting composite image is
`produced differently for different zoom amount values, such as Z=1,
`1<Z<M,and Z=M,whereMistherelative magnification ratio M of the
`telephoto image 206 to the wide image 204. Id. {J 29,44.
`
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`2. Overview ofParulski
`
`Parulski “utilizes one of the images from a dual-lens camera as a
`secondary image that can be used to modify the other, primary image and
`thereby generate an enhanced primary image.” Ex. 1007, 7:32-35.
`Specifically, Parulski discloses that examples of the enhancementto the
`primary image include“to sharpen portionsofthe primary image,”“to
`modify the dynamic rangeof the primary image,”or “to replace portions of
`the primary image(areas of lower noise but with some motion blur) with
`correspondingportionsof the secondary image (areasofhigher noise but
`little or no motion blur) to obtain a modified image with relatively low noise
`
`and good sharpness.” Id. at 7:54-8:5, Fig. 26.
`Parulski describes determining the primary image and secondary
`image from two capture units of the digital camera based on a requested
`zoom position provided by a user. Id. at 27:8-24, Fig. 23. For example,if
`the requested zoom position is not within the zoom range ofthe current
`primary capture unit for providing a primary image, “the functions of the
`capture units are reversed”by switching the capture unit for providing a
`secondary image andthe capture unit for providing the primary image. Id. at
`
`27:8-15.
`
`3. Priority Date
`Petitioner asserts Borderis a US patent application filed on August1,
`2006 and published on February 7, 2008 and Parulski wasfiled on March 9,
`2007, published on September 11, 2008, and issued on December 28, 2010.
`Pet. 12. Petitioner asserts further that these references are priorart to the
`
`’152 Patent underat least 35 U.S.C. § 102(b). Jd. The ’152 patent is a
`
`National Phase application from PCT patent application
`
`10
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`PCT/IB2013/060356 filed November 23, 2013 which claims priority from
`US Provisional Application No. 61/730,570,filed November 28, 2012. Ex.
`1001. The ?152 patentissued on January 3, 2017. Jd. We accept,at this
`stage of the proceeding, that Border and Parulskiarepriorart.
`4. Analysis
`
`Petitioner asserts that claims 1-4 are unpatentable under 35 U.S.C.§
`
`103 over Border (Ex. 1006) and Parulski (Ex. 1007). Pet. 14-70.
`Petitioner provides reasons to combine Border and Parulski including:
`1) “Border and Parulski are analogouspriorart and are in the same field of
`endeavorpertaining to a digital camera that uses multiple lenses and image
`sensors to provide an enhanced output image”(id. at 18), 2) “When
`evaluating the teachings of Border, a POSITA would naturally have
`considered the teachings of Parulski, which is a patent that has the same co-
`inventor (John N. Border) and the same assignee (Eastman Kodak Company,
`oneofthe top digital camera makers) as Border”(id. at 19), and 3) “Parulski
`explicitly provides that its image augmentation process of using a secondary
`image to modify a primary image ‘can also be applied in connection with
`image pairs having different resolutions[]’” and “refers to Border’s system
`as an example for such application, and explicitly incorporates Border by
`reference”(id. at 18, 20).
`The preamble of independentclaim 1 recites, “A multi-aperture
`imaging system comprising.” Petitioner contends Border’s digital camera
`10B teaches a multi-aperture imaging system. Pet. 20—21 (citing Ex. 1006
`{J 36, 58, 59, Fig. 1B, Ex. 1002 {{[ 63-65).
`Independentclaim 1 furtherrecites “a first camera that providesa first
`image.” Petitioner contends Borderdescribes a digital camera 10B
`
`ll
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`including twofixed focal length lenses 2 and 4 “each providing an image to
`a corresponding image sensor 12 and 14” (Ex. 1006 {| 58), as such, Border’s
`wide camera, including fixed focal length lens 2 and corresponding image
`sensor 12, correspondsto “a first camera that provides a first image”as
`recited in claim 1. Pet. 23-25 (citing Ex. 1006 ff 36, 58; Ex. 1002 {{{ 67—
`
`69).
`Independentclaim 1 furtherrecites “the first camera havingafirst
`field of view (FOV)).” Petitioner contends that Border teachesthatits fixed
`focal length lens 2 hasa first field of view (FOV)) and describes that in an
`imagecapture device(e.g., digital camera 10B), “two or morelens systems
`are associated with a respective numberof image sensors. The lenses have
`_ different focal lengths and different fields of view within the same scene
`whereinthefield of view of the longer focal length lenses containsatleast a
`portion ofthe field of view of the shorter focal length lens” (Ex. 1006 ¥ 25).
`Pet. 25-26(citing EX. 1006, fff 25, 31; Ex. 1002 9] 71-72).
`Independentclaim 1 furtherrecites “[the first camera having] a first
`sensor withafirst plurality of sensor pixels covered at least in part with a
`standard colorfilter array (CFA).” Petitioner contends that Border teaches
`that its wide camera includes image sensor 12, which “includesan array of
`discrete light sensitive picture elements overlaid with a colorfilter array
`(CFA)pattern to produce color image data corresponding to the CFA
`pattern,” (Ex. 1006 § 60) and Borderteaches that its sensors 12 and 14 are
`“single-chip color Megapixel CCD sensors, using the well-known Bayer
`colorfilter pattern to capture color images.” (id. 432). Pet. (citing Ex. 1006
`{4 32, 60; Ex. 100274-78).
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`Independent claim 1 further recites “a second camerathat provides a
`second image.” Petitioner contends that Border describesthat “the image
`processor 50 of FIGS. 1A and 1B contains an image compositor 202 that
`receives both the wide image 204 from the fixed focal length lens 2 and the
`telephoto image 206 from the zoom lens 3.” (Ex. 1006 {] 36). Pet. 28. While
`some of the description in paragraph 36 of Border references a Figure 1A
`embodimentin which the telephoto image 206 is from the zoom lens3,
`Petitioner contendsthat a personofordinary skill in the art would have
`understood that in the corresponding example of Figure 1B, image processor
`50 receives the telephoto image 206 from fixed focal length lens 4 (Ex. 1006
`44 36, 58 Figs. 1B, 5; Ex. 1002 81). Pet. 28-30 (citing Ex. 1006, 36, 58; Ex.
`1002 4¥ 79-82.
`Independentclaim 1 furtherrecites “the second camera having a
`second field of view (FOV2) such that FOV2<FOV).” Petitioner contends
`that Border teachesthatits fixed focal length lens 4 has a secondfield of
`view (FOV?) such that FOV2<FOV) because Borderdescribesthat in its
`image capture device, “two or more lens systemsare associated with a
`respective numberof image sensors. The lenses havedifferent focal lengths
`and different fields of view within the same scene wherein the field of view
`of the longer focal length lenses containsat least a portion of the field of
`view ofthe shorter focal length lens.” Pet. 31 (citing Ex. 1006 25). And,
`in Border’s digital camera 10B of Figure 1B,the fixed focal length lens4 is
`the longer focal length lens andthe fixed focal length lens 2 is the shorter
`focal length lens, for example, “[t]he two fixed focuslensesare selected to
`provide a substantial zoom range, for example, 3:1 wherein the focal length
`ofthe secondfixed focal length lens 4 is 3x as longas the fixed focal length
`
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`lens 2” (Ex. 1006 58). Pet. 31-32. As such, according to Petitioner,
`because the FOV;of the longer focal length lens 4 “containsatleast a
`portion of’ FOV, ofthe shorter focal length lens 2, a POSITA would have
`understood that FOV?is less than FOV). Pet. 31-35 (with further detailed
`explanation,citing Ex. 1006 §§ 25, 47, 58, Fig. 6; Ex. 1002 {| 85-90).
`Independentclaim 1 furtherrecites “[the second camera having] a
`second sensor with a secondplurality of sensor pixels, the second plurality
`of sensor pixels being either Clear or covered with a standard CFA.”
`Petitioner contends Border teachesthat its tele camera includes an image
`sensor 14, which “includes an array ofdiscrete light sensitive picture
`elements overlaid with a colorfilter array (CFA) pattern to produce color
`image data corresponding to the CFA pattern” (Ex. 1006 { 60) and Border
`teaches that sensors 12 and 14 are “single-chip color Megapixel CCD
`sensors, using the well-known Bayercolorfilter pattern to capture color
`images”(id. 4 32). Pet. 36-37 (citing Ex. 1006 fff 32, 60; Ex. 1002 q 91-
`
`95).
`
`Independentclaim 1 furtherrecites “the second image having an
`overlap area with the first image.” Petitioner contends that Border describes
`that in its image capture device, “[t]he lenses have different focal lengths
`and different fields of view within the same scene wherein thefield of view
`of the longer focal length lenses contains at least a portion of the field of
`view ofthe shorter focal length lens” (Ex. 1006 4 25) and a person of
`ordinary skill in the art would have understood that the region 220 in Figure
`6 of Border below correspondsto the overlap area of the telephoto image
`206 (e.g., the entire area of the telephoto image 206) with the wide image
`
`14
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`204 (id. 4 32; Ex. 1002
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`98). Pet. 37-39 (citing Ex. 1006 {ff 25, 47; Ex.
`
`1002 Y] 96-100).
`Independentclaim 1 further recites “a processor configured to provide
`an output image from a point of view ofthe first camera based on a zoom
`factor (ZF) input that defines a respective field ofview (FOVzr).” Petitioner
`contends Borderteachesa processor configured to provide an output image
`from a pointof view ofthe first camera based on a zoom factor (ZF) input
`that defines a respective field of view (FOVzr) andprovides a detailed
`explanationofits contention. Pet. 39-48 (citing Ex. 1006 {if 28, 29, 36-40,
`42, 44, 48, 53, 58, 64, 66, Figs. 1B, 5; Ex. 1010 (Szeliski - as support for
`motivation to combine), 50-51, Fig. 2.12; Ex. 1008 (Jacobson- as support
`for motivation to combine), 5, 57-58; Ex. 1002 fq] 101-115).
`Independent claim | further recites “[processor configured to provide
`an output image fromapointof view ofthe first camera based on a zoom
`factor (ZF) inputthat defines a respective field of view (FOVZF),] the first
`image being a primary image and the second image being a non-primary
`image.” Petitioner contends Border in combination with Parulski renders
`obviousthe limitation that that the processor is configured to provide an
`output image from a point of view ofthe first camera based on a zoom factor
`(ZF) inputthat defines a respective field of view (FOVzr), the first image
`being a primary image and the second image being a non-primary image and
`provides a detailed explanation of its contention. Pet. 39-48 (citing Ex.
`1006 {§ 44; Ex. 1007 (Parulski), 7:32—35, 7:54-8:5, 23:28-40, 53-58, 27:8-
`15, 25-31, 28:33-40, 45-67, 29:51-67, 15A, 15B, 16A, 16B, 23, 26; Ex.
`1008 (Jacobson- as support for motivation to combine), 5, 57-58; Ex. 1010
`(Szeliski - as support for motivation to combine), 50-51, Fig. 2.12; Ex. 1002
`
`15
`
`
`
`IPR2018-01133
`Patent 9,538,152 B2
`
`q 116-123). For example, Petitioner contendsthat “{a]lthough Border does
`not expressly use ‘primary image’ and ‘non-primary image’ labels, Parulski,
`in an analogouscontext, uses the labels ‘primary image’ and ‘secondary
`image’ to describe the roles of respective images used in forming a
`
`composite image.” Pet. 49.
`Independentclaim 1 further recites “wherein if FOV2<FOVzr<FOV)
`then the point of view of the output imageis that ofthe first camera.”
`Petitioner contends Border teaches a zoom amount210 Z that defines a
`respective field of view (FOVzr) (Ex. 1002 4] 125) and Border teaches
`providing a composite image 208 from a point of view of the wide camera
`(first camera) when the zoom amount210 Z is between | and M, M being
`the relative magnification ratio of the telephoto image 206to the wide image
`204 (id.), thus, because FOVzr defined by the zoom amount 210 Z between
`1 and M is between FOV, and FOV», Borderteachesthatif
`FOV><FOVzr<FOV; then the point of view ofthe output imageis that of the
`first camera as claimed(id. at § 126). Pet. 55-56 (citing Ex. 1002 If] 124-
`
`130).
`
`Independentclaim 1 further recites “the processor further configured
`to register the overlap area of the second image as non-primary imageto the
`first image as primary imageto obtain the output image.” Petitioner
`contends that Border in combination with Parulski renders obviousthat the
`processoris further configuredto register the overlap area of the second
`image as non-primary imageto the first image as primary image to obtain
`the output image and provides a detailed explanation ofits contention. Pet.
`57-62 (citing Ex. 1006 § 36-40, 43, 45, 47, 48, Fig. 5; Ex. 1007 (Parulski),
`7:32-35, 7:54-8:5, 29:51-67; Ex. 1010 (Szeliski - as support for motivation
`
`16
`
`
`
`IPR2018-01133
`Patent 9,538,152 B2
`
`to combine), 50-51, Fig. 2.12; Ex. 1002 §§ 131-142). For example,
`Petitioner contendsthat a personof ordinary skill
`
`would have understood that Border establishes a primary/non-
`primary relationship between first image and second image as
`claimed, though without express usage of the ‘primary image’
`and ‘non-primary image’
`labels. However, Parulski,
`in an
`analogous context, uses
`the labels
`‘primary image’
`and
`‘secondary image’ to describethe roles ofrespective images used
`in forming a composite image.
`
`Pet. 57-58.
`
`Based on the above contentions, on the record before us, we are
`persuadedthat Petitioner has provided an articulated reasoning with some
`rational underpinning to support the legal conclusion of obviousness. See
`KSR Int'l Co. 550 U.S. 398, 418 (citing In re Kahn, 441 F.3d 977, 988 (Fed.
`Cir. 2006)). As a result, we are persuaded that the combination of Border
`and Parulski proposed by Petitioner is proper.
`Atthis stage in the proceeding, we are persuaded byPetitioner’s
`explanations and supporting evidence regarding independentclaim 1. Based
`on the record before us, Petitioner has demonstrated a reasonable likelihood
`that it would prevail onits assertion that independentclaim 1 would have
`been obvious over Border and Parulski.
`
`a. Claims 2-4
`Because Petitioner has shown a reasonable likelihood of successin
`proving thatat least one of the challenged claimsofthe ” 152 patentis
`unpatentable over Borderand Parulski, weinstitute on all the asserted
`groundsandall claims raised in the Petition. See SAS, 138 S. Ct. 1351,
`1359-60 (2018). Patent Owner, whodid notfile a Preliminary Response,
`has thus not raised arguments onthe merits of Petitioner’s contentions for
`
`17
`
`
`
`IPR2018-01133
`Patent 9,538,152 B2
`
`our consideration at this time. Therefore, at this stage of the proceedings,it
`
`is not necessary for us to discuss claims 2-4. Nevertheless, we have
`reviewed Petitioner’s arguments and evidence concerning claims 2-4 and
`are persuadedthatPetitioner also has shown a reasonable likelihood of
`success in proving that claims 2—4 are also unpatentable over Border and
`Parulski. See Pet. 63-70 (providing a detailed explanation and supporting
`citations to the prior art and testimony of Dr. Cossairt).
`
`lI. CONCLUSION
`
`Wedeterminethat Petitioner has shown a reasonablelikelihoodthat
`Petitioner would prevail in proving the unpatentability of at least one claim
`of the ’152 patent. Thus,weinstitute an inter partes review of claims 14
`over Border and Parulski, as set forth in the Petition.
`Atthis stage of the proceeding, the Board has not madea final
`determination as to the patentability of any challenged claim or any
`
`underlying factual and legal issues.
`
`IV. ORDER
`
`In consideration of the foregoing,it is:
`
`ORDEREDthat, pursuant to 35 U.S.C. § 314(a), an inter partes
`review of claims 1-4 of U.S. Patent No. 9,538,152 is instituted with respect
`
`to the single groundsetforth in the Petition; and
`FURTHER ORDEREDthatpursuant to 35 U.S.C. § 314(c) and
`37 CFR. § 42.4,notice is hereby given ofthe institution ofa trial |
`commencing onthe entry date of this Decision.
`
`
`
`IPR2018-01133
`Patent 9,538,152 B2
`
`PETITIONER:
`
`David W. O’Brien
`Andrew S. Ehmke
`Hong Shi
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`hong.shi.ipr@haynesboone.com
`
`PATENT OWNER:
`
`Neil Rubin
`C. Jay Chung
`Reza Mirzaie
`Russ August & Kabat
`nrubin@raklaw.com
`jchung@raklaw.com
`rmirzaic@raklaw.com
`
`19
`
`
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