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28 Notice Other: Notice Other

Document IPR2020-01190, No. 28 Notice Other - Notice Other (P.T.A.B. Sep. 24, 2021)
On this record, Patent Owner does not appear to have identified adequate written description support for the limitation “the primary location tracking circuitry continues to consume at least reduced power,” as recited in proposed substitute claims 27–36.
At this stage of the proceeding, we find that the portions of the ’905 application cited by Patent Owner do not adequately support “the primary location tracking circuitry continues to consume at least reduced power,” as recited in proposed substitute claim 27.
For reasons similar to those discussed above in Section II.A.4 of this Preliminary Guidance, the cited portions of the ’905 application do not provide adequate written description support for “the primary location tracking circuitry continues to consume at least reduced power,” as recited in proposed substitute claim 27.
Specifically, Petitioner contends that a POSITA would have been motivated to make such a modification to achieve the advantages expressly taught by Gronemeyer, including saving power and more quickly reacquiring GPS satellite signals.
Further, Petitioner’s reasons for modifying the Sakamoto– Gotoh–Levi system to include Gronemeyer’s select components that remain powered during a sleep mode have a rational underpinning and are supported by the testimony of Mr. Andrews, which is unrebutted at this stage of the proceeding.
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