Whenthe strength of the device’s GPS signal is below a predetermined threshold value—for example, when the de- vice’s access to GPSsatellites is partially or fully blocked— portions of the location tracking circuitry may be deac- tivated to conserve battery power.
In his deposition, for example, Mr. Andrews repeatedly used qualifying language such as “presumably,” “maybe,” and “might” when he explained that although the GPSre- ceiver is deactivated when in the stop-position mode, a skilled artisan would understand Sakamoto turns on com- ponents of the GPSreceiverto cyclically measure the signal level.
The fact that Document: 39 Page:9 Filed: 06/09/2023 LBT IPI LLC v. APPLE INC. the GPS receiver cannot automatically transition out of stop-position mode in the cycle set in advance embodiment does not render Sakamoto’s device useless becausethe re- ceiver can be turned on manually.
In concluding otherwise, the Board relied on the following passage: “Advantageously as com- pared to conventional tracking devices, user input request 430 adjusts value 419 to select an appropriate update set Document: 39 Page:12 Filed: 06/09/2023 LBT IPI LLC v. APPLE INC. of network communication signaling protocols to achieve a desired user defined battery operating environment, e.g., obtain optimal battery life, obtain optimal update rate, tradeoffs between them.” Id. at 11:58—67 (emphasis added).
As relevant on appeal, the Board found Apple’s pro- posed combination of Miranda-Knapp and Miller discloses the claim limitation reciting “a battery power monitor con- figured to activate and deactivate at least one portion of signaling circuitry in response to the accelerometer cir- cuitry detecting a substantially stationary position of the electronic tracking device.” ‘619 Decision, at *8—-12.