UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`GARMIN INTERNATIONAL, INC., GARMIN USA, INC.,
`AND GARMIN LTD.
`
`Petitioner
`
`v.
`
`PHILIPS NORTH AMERICA LLC,
`
`Patent Owner
`
`_________________
`
`Inter Partes Review Case No. IPR2020-00910
`
`U.S. Patent No. 7,088,233
`
`DECLARATION OF DR. JOSEPH PARADISO
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 1
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`
`B.
`
`TABLE OF CONTENTS
`I.
`INTRODUCTION ........................................................................................ 1
`QUALIFICATIONS ..................................................................................... 2
`II.
`SUMMARY OF OPINIONS AND MATERIAL CONSIDERED ................ 6
`III.
`IV. LEVEL OF ORDINARY SKILL IN THE ART ......................................... 10
`V.
`TECHNOLOGICAL BACKGROUND ...................................................... 11
`Electronic sensing and computer networks in the 1970s and
`A.
`1980s ................................................................................................11
`Communicatively-coupled portable and wearable computing in
`the 1990s...........................................................................................14
`C. Wireless personal area networks .......................................................19
`D. Applicant’s admitted prior art ...........................................................22
`VI. THE ’233 PATENT .................................................................................... 25
`A. Overview ..........................................................................................25
`B.
`Priority claims for the ’233 patent .....................................................27
`VII. CLAIM CONSTRUCTION ........................................................................ 30
`“means for signaling the bi-directional communications module
`A.
`to transition from the powered-down state to the powered-up
`state” .................................................................................................30
`VIII. OVERVIEW OF THE PRIOR ART ........................................................... 33
`Jacobsen ...........................................................................................33
`A.
`Say ....................................................................................................39
`B.
`Quy ...................................................................................................47
`C.
`D. Geva .................................................................................................49
`Reber ................................................................................................51
`E.
`Gabai ................................................................................................53
`F.
`IX. THE PRIOR ART DISCLOSES AND/OR SUGGESTS ALL THE
`FEATURES OF CLAIMS 1, 7-10, 13-16, 22 AND 24-26 OF THE ’233
`PATENT ..................................................................................................... 55
`A. Ground 1: Jacobsen discloses the features of claims 1, 7-10, and
`14 of the ’233 patent .........................................................................55
`1.
`Claim 1 ...................................................................................55
`
`ii
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 2
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`[1p] A bi-directional wireless communication system
`comprising: ...................................................................55
`[1a] (a) a first personal device, the first personal device
`further comprising: .......................................................57
`[lb] (i) a processor; ..................................................................60
`[1c] (ii) a memory; ..................................................................67
`[1d] (iii) a power supply: ........................................................68
`[1c] (iv) at least one detector input; and ..................................69
`[1f]
`(v)
`a
`short-range
`bi-directional wireless
`communications module; ..............................................73
`[1g] (b) a second device communicating with the first
`device, the second device having a short-range
`bidirectional wireless communications module
`compatible with
`the short-range bi-directional
`wireless communications module of the first device;
`and ................................................................................77
`[1h] (c) a security mechanism governing information
`transmitted between the first personal device and
`the second device. .........................................................84
`Claim 7 ...................................................................................86
`2.
`Claim 8 ...................................................................................89
`3.
`Claim 9 ...................................................................................91
`4.
`Claim 10 .................................................................................92
`5.
`Claim 14 .................................................................................94
`6.
`Ground 2: Say discloses and/or suggests the features of claims 1,
`7-10, and 14 of the '233 patent ..........................................................97
`1.
`Claim 1 ...................................................................................97
`[1p] A bi-directional wireless communication system
`comprising: ...................................................................97
`[1a] (a) a first personal device, the first personal device
`further comprising: .......................................................99
`[1b] (i) a processor; ............................................................... 103
`[1e] (ii) a memory; ................................................................ 106
`[1d] (iii) a power supply; ...................................................... 109
`iii
`
`B.
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 3
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`[1e] (iv) at least one detector input; and ................................ 111
`[1f]
`(v)
`a
`short-range
`bi-directional wireless
`communications module; ............................................ 118
`[1g] (b) a second device communicating with the first
`device, the second device having a short-range bi-
`directional wireless
`communications module
`compatible with
`the short-range bi-directional
`wireless communications module of the first device;
`and .............................................................................. 124
`[1h] (c) a security mechanism governing information
`transmitted between the first personal device and
`the second device. ....................................................... 128
`Claim 7 ................................................................................. 130
`2.
`Claim 8 ................................................................................. 133
`3.
`Claim 9 ................................................................................. 139
`4.
`Claim 10 ............................................................................... 139
`5.
`Claim 14 ............................................................................... 141
`6.
`Ground 3: Jacobsen in view of Say discloses and/or suggests the
`features of claims 1, 7-10, and 14 of the ’233 patent ....................... 143
`1.
`Claim 1 ................................................................................. 143
`2.
`Claims 7-10 and 14 ............................................................... 148
`D. Ground 4: Jacobsen in view of Say and Quy discloses and/or
`suggests the features of claim 13 of ’233 patent .............................. 148
`1.
`Claim 13 ............................................................................... 148
`Ground 5: Jacobsen in view of Say and Geva discloses and/or
`suggests the features of claims 24-25 of the '233 patent .................. 155
`1.
`Claim 24 ............................................................................... 156
`2.
`Claim 25 ............................................................................... 164
`Ground 6: Jacobsen in view of Say and Reber discloses and/or
`suggests the features of claim 26 of the '233 patent ......................... 165
`1.
`Claim 26 ............................................................................... 165
`G. Ground 7: Say in view of Gabai discloses and/or suggests the
`features of claims 15-16 and 22 of the '233 patent .......................... 174
`1.
`Claim 15 ............................................................................... 174
`iv
`
`C.
`
`E.
`
`F.
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 4
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`2.
`Claim 16 ............................................................................... 182
`Claim 22 ............................................................................... 184
`3.
`CONCLUSION ........................................................................................ 185
`
`
`
`
`X.
`
`v
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 5
`
`

`

`I, Dr. Joseph Paradiso, declare as follows:
`
`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`
`I.
`
`INTRODUCTION
`1.
`
`I have been retained as an independent expert consultant in this
`
`proceeding before the United States Patent and Trademark Office (“PTO”) regarding
`
`U.S. Patent No. 7,088,233 (“the ’233 patent”) (Ex. 1001).1 I have been asked to
`
`consider, among other things, whether certain references disclose or suggest the
`
`features recited in claims 1, 7-10, 13-16, 22, 24-26 (“the challenged claims”) of the
`
`’233 patent. My opinions are set forth below.
`
`2.
`
`I am being compensated at my normal rate of $600/hour for the time I
`
`spend working on this proceeding. My compensation is not dependent on the nature
`
`of my findings, or the outcome of this proceeding or any other proceeding. I have no
`
`other interest in this proceeding.
`
`
`
`1 In this declaration, I refer to exhibit numbers that I understand are assigned to
`
`documents that will be attached with the petition for Inter Partes Review of the ’233
`
`patent.
`
`1
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 6
`
`

`

`II. QUALIFICATIONS
`3. My qualifications for forming the opinions in this report are
`
`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`
`summarized here and explained in more detail in my curriculum vitae, which I
`
`understand is provided as Exhibit 1003.
`
`4.
`
`I received a B.S. in electrical engineering and physics from Tufts
`
`University in 1977 and a Ph.D. in physics from the Massachusetts Institute of
`
`Technology (MIT) in 1981. Currently, I am the Alexander W. Dreyfoos (1954)
`
`Professor and Associate Academic Head in the Program in Media Arts and Sciences
`
`at the MIT Media Laboratory.
`
`5.
`
`For over three decades, I have been involved with the research and
`
`development of sensor technology in a variety of applications. For example, after
`
`receiving my Ph.D., I was a post-doctoral researcher at the Swiss Federal Institute
`
`of Technology (ETH) in Zurich from 1981 to 1983, where I worked on sensor
`
`technology for high-energy particle physics. Following my post-doctoral position at
`
`ETH, I was a physicist at the Draper Laboratory until 1994, where I was a member
`
`of the Control and Decision Systems Directorate and Sensor and Signal Processing
`
`Directorate. There, my research encompassed spacecraft control systems, image
`
`processing algorithms, underwater sonar, and precision alignment sensors for large
`
`high-energy physics detectors.
`
`2
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 7
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`In 1994, I joined the MIT Media Lab, a research laboratory, founded in
`
`6.
`
`1985, that promotes a unique, cross-disciplinary culture and focuses on highly-
`
`collaborative research that joins seemingly disparate technological and academic
`
`fields. Researchers at the MIT Media Lab have pioneered areas such as wearable
`
`computing, tangible interfaces, and affective computing, which has led to numerous
`
`products and platforms that have become a ubiquitous part of consumer life today.
`
`Examples of technologies that have spun off from the Media Lab’s research include
`
`e-readers, such as the Amazon Kindle and Barnes & Noble Nook, the popular video
`
`game Guitar Hero, the MPEG-4 structured audio format, the first bionic lower-leg
`
`system for amputees, wireless mesh networks developed by Nortel, and the Mercury
`
`RFID Reader, commercialized by spin-off ThingMagic. Today, the Lab is supported
`
`by more than 80 members, including some of the world’s leading corporations that
`
`represent the fields of electronics, entertainment, fashion, health care, toys, and
`
`telecommunications, among others. Currently, faculty members, research staff, and
`
`students work in over 25 research groups and initiatives on more than 450 projects
`
`that range from digital approaches for treating neurological disorders, to advancing
`
`imaging technologies that can “see around a corner,” to the word’s first “smart”
`
`powered ankle-foot prosthesis.
`
`7. When I joined the Media Lab, I focused on developing new sensing
`
`modalities for human-computer interaction, which, by 1997, evolved into wearable
`
`3
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 8
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`and non-wearable wireless sensing and distributed sensor networks to measure
`
`movement activity. This work anticipated and influenced transformative products
`
`and industries that have blossomed in recent years.
`
`8.
`
`For example, in 1997, I developed a shoe with wireless sensors for
`
`measuring dynamic movement of the human foot during, for example, interactive
`
`dance and other physical activities. The shoe was intended to capture motion data,
`
`which were mapped into different information representations to facilitate
`
`interactivity. The design of this sensor-laden wireless shoe is now recognized as a
`
`watershed in the field of wireless sensing for activity tracking and was an inspiration
`
`for the Nike+, one of the very first activity trackers and the first commercial product
`
`to integrate dynamic music with monitored exercise. My team went on to pioneer
`
`on-shoe sensor architecture for clinical gait analysis in collaboration with the
`
`Massachusetts General Hospital (MGH) in 2002. We then worked in sports medicine
`
`with another MGH collaboration that developed an attachable, ultra-wide-range,
`
`wireless inertial measurement unit system for evaluating professional baseball
`
`pitchers and batters in 2007.
`
`9.
`
`Leading to over 300 publications, at least 17 issued patents, and a string
`
`of awards in the Pervasive Computing, Human-Computer Interaction, and sensor
`
`network communities, my research has become the basis for widely established
`
`curricula. Many of these publications are directed to fixed, wearable, or portable
`
`4
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 9
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`sensor devices. I have also advised over 55 graduate (M.S. and Ph.D.) theses for
`
`students who have done their work in my research group, and served as a reader for
`
`roughly 100 M.S. and Ph.D. students in other groups and at other universities.
`
`10.
`
`I have given over 300 invited talks, panel appearances, and seminars
`
`worldwide, recently keynoting on topics relating to ubiquitous sensing and the
`
`Internet of Things (IoT) for prestigious venues ranging from the Sensors Expo (the
`
`main industrial sensors conference) to the World Economic Forum. I am frequently
`
`asked to address industrial groups on sensing systems and IoT. For example, I
`
`recently gave the opening keynote at IoT Solutions World Congress in Barcelona,
`
`the leading Industrial IoT event, and I have been on the Editorial Board (and have
`
`served as Associate Editor in Chief) of IEEE Pervasive Computing Magazine (the
`
`original flagship publication in this area) since 2006. I often engage with the Media
`
`Lab’s extensive list of industrial partners in strategizing these areas.
`
`11.
`
`I also belong to and participate in numerous professional organizations.
`
`I am a senior member of the Institute of Electrical and Electronics Engineers (IEEE),
`
`and also belong to the Association for Computer Machinery (ACM). I also belong
`
`to the American Physical Society (the major professional society in physics), and
`
`am a senior member in the American Institute of Aeronautics and Astronautics
`
`(AIAA). Within the IEEE, I belong to the Signal Processing Society, the Controls
`
`Society, and the Computer Society. I have served on many Technical Program
`
`5
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 10
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`Committees (which solicit, review, and select papers for academic conferences) and
`
`journal editorial boards. I have also organized academic conferences in areas such
`
`as wireless sensor networks, wearable computing and wearable sensing, human-
`
`computer interfaces, ubiquitous computing, and the like.
`
`III. SUMMARY OF OPINIONS AND MATERIAL CONSIDERED2
`12. All of the opinions contained in this declaration are based on the
`
`documents I reviewed and my professional judgment, as well as my education,
`
`experience, and knowledge regarding computer networking. I am not an attorney
`
`and I am not offering any legal opinions in this declaration.
`
`13.
`
`In forming my opinions expressed in this declaration, I reviewed:
`
`• the ’233 patent (Ex. 1001);
`
`• the prosecution file history for the ’233 patent (Ex. 1004);
`
`• U.S. Patent No. 6,198,394 (“Jacobsen”) (Ex. 1005);
`
`• U.S. Patent No. 6,175,752 (“Say”) (Ex. 1006);
`
`• U.S. Patent No. 6,602,191 (“Quy”) (Ex. 1007);
`
`
`
`2 My citations to non-patent publications are to the original page numbers of the
`
`publication, and my citations to U.S. Patents or Patent Applications are to the
`
`column:line number or paragraph number, as applicable.
`
`6
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 11
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`• U.S. Patent No. 6,366,871 (“Geva”) (Ex. 1008);
`
`• Kaveh Pahlavan, Ali Zahedi, and Prashant Krishnamurthy,
`
`“Wireband Local Access: Wireless LAN and Wireless ATM,” IEEE
`
`Communications Magazine, Vol. 35 Issue 11, November 1997, pgs.
`
`34-40 (Ex. 1009);
`
`• Paradiso, J.A., Hsiao, K., Benbasat, A. and Teegarden, Z., “Design
`
`and Implementation of Expressive Footwear,” IBM Systems
`
`Journal, Vol. 39, No. 3&4, October 2000, pp. 511-529 (Ex. 1010);
`
`• Paradiso, J.A. “The Brain Opera Technology: New Instruments and
`
`Gestural Sensors for Musical Interaction and Performance,”
`
`Journal of New Music Research, 28(2), 1999, pp. 130-149 (Ex.
`
`1011);
`
`• Specification of the Bluetooth System, Vol. 1, Bluetooth v1.0B
`
`(Dec. 1, 1999) (Ex. 1012);
`
`• Provisional application No. 60/105,493 (Ex. 1013);
`
`• Provisional application No. 60/135,862 (Ex. 1014);
`
`• Provisional application No. 60/279,401 (Ex. 1015);
`
`• Digital Networks’ “RoamAbout 2.4 GHz frequency hopping
`
`wireless LAN adapters” (1996) (Ex. 1018);
`
`7
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 12
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`• Shawn Willett, “Digital ships tools for mobile clients,” InfoWorld,
`
`February 7, 1994 (Ex. 1019);
`
`• U.S. Patent No. 5,961,451 (“Reber”) (Ex. 1020);
`
`• Distributed Sensor Networks, Proceedings of a Workshop held at
`
`Carnegie-Mellon University December 7-8, 1978 (available at
`
`https://resenv.media.mit.edu/classarchive/MAS961/readings/DSN_
`
`CMU_1978.pdf) (Ex. 1021);
`
`• ‘Sensor networks: evolution, opportunities, and challenges,” IEEE
`
`Proceedings, Aug. 2003 (Ex. 1022);
`
`• Mark Weiser, “The Computer for the 21st Century,” Scientific
`
`American (1991) (Ex. 1023);
`
`• Richard S. Johnston et al., “Biomedical Results of Apollo” (1975)
`
`(available at http://history.nasa.gov/SP-368/sp368.htm) (Ex. 1024);
`
`• Steve Mann, “Wearable computing: A first step toward personal
`
`imaging”, IEEE Computer vol. 30 no. 2, pgs. 25-32 (Feb. 1997) (Ex.
`
`1025);
`
`• Steve Feiner, “A Touring Machine: Prototyping 3D Mobile
`
`Augmented Reality Systems for Exploring the Urban Environment,”
`
`Personal Technologies, pgs. 208-217 (1997) (Ex. 1026);
`
`8
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 13
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`• Kris Goodfellow, One Digital Day in Her Life, N.Y. Times, Apr.
`
`16, 1998 (available at:
`
` http://www.nytimes.com/1998/04/16/technology/one-digital-dayin-
`
`her-life.html) (Ex. 1027);
`
`• Maria S. Redin, “Marathon Man” thesis, MIT Media Laboratory,
`
`June 15, 1998 (Ex. 1029);
`
`• Brian Clarkson and Alex Pentland, “Predicting Daily Behavior via
`
`Wearable Sensors,” Technical report, MIT Media Laboratory, July
`
`2001 (available at
`
`https://pdfs.semanticscholar.org/2fd4/7fe8b3c65bfb32ffe91c61686
`
`9e071c4894a.pdf) (Ex. 1031);
`
`• Brian Clarkson and Alex Pentland, “Unsupervised Clustering of
`
`Ambulatory Audio and Video,” ICASSP, March 1999 (Ex. 1032);
`
`• Joseph Paradiso, “Expressive footwear for computer-augmented
`
`dance performance,” ISWC ’97: Proceedings of the 1st IEEE
`
`International Symposium on Wearable Computers, October 1997
`
`(Ex. 1033);
`
`• Robert Poor, “Hyphos: A Self-Organizing, Wireless Network,” MIT
`
`Master’s thesis, 1997 (Ex. 1034);
`
`9
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 14
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`• Per Johansson et al., “Short Range Radio Based Ad-hoc Networking:
`
`Performance and Properties,” ICC’99, 1999 (Ex. 1036);
`
`• Application no. 09/384,165 (Ex. 1038);
`
`• U.S. Patent No. 6,160,986 (“Gabai”) (Ex. 1040);
`
`• U.S. Patent No. 6,026,165 (“Marino”) (Ex. 1041);
`
`• U.S. Patent No. 5,408,250 (“Bier”) (Ex. 1042)
`
`My opinions are additionally guided by my appreciation of how a person of ordinary
`
`skill in the art would have understood the claims of the ’233 patent at the time of the
`
`alleged inventions.
`
`14. Based on my experience and expertise, it is my opinion that certain
`
`references disclose or suggest all the features recited in claims 1, 7-10, 13-16, 22,
`
`24-26 of the ’233 patent.
`
`IV. LEVEL OF ORDINARY SKILL IN THE ART
`15. At the time of the alleged inventions a person of ordinary skill in the art
`
`(“POSITA”) would have had at least a B.S. in computer science, electrical
`
`engineering, or an equivalent, and at least two years of experience in the relevant
`
`field, i.e., wireless communications. More education can substitute for practical
`
`experience and vice versa. I apply this understanding in my analysis herein.
`
`16.
`
`In determining the level of ordinary skill, I have considered, for
`
`example, the types of problems encountered in the art and prior solutions to these
`10
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 15
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`problems, the rapidity with which innovations are typically made, the sophistication
`
`of the technology, and the educational level and experience of workers in the field.
`
`17. My analysis of the ’233 patent and my opinions in this declaration are
`
`from the perspective of a POSITA, as I have defined it above, during the relevant
`
`time frame (see section VI.B). During this time frame, I possessed at least the
`
`qualifications of a POSITA, as defined above.
`
`V. TECHNOLOGICAL BACKGROUND
`18.
`In this section, I provide an overview of certain technologies, systems,
`
`and concepts that were known in the art at or before the dates of the alleged
`
`inventions of the ’233 patent. I believe the technologies and concepts I describe
`
`below were widely known and appreciated by POSITAs at or before that time. I rely
`
`on at least the discussions below (including references cited therein) to demonstrate
`
`the state of the art known to POSITAs at that time, which supports my opinions and
`
`analysis regarding the ’233 patent and my opinions and analysis provided in section
`
`IX.
`
`A. Electronic sensing and computer networks in the 1970s and 1980s
`19. Personal monitoring with electronic sensors has been well-known since
`
`at least the second half of the 20th century. Early examples of practical electronic
`
`sensing in the context of personal monitoring grew out of NASA’s space program.
`
`Crewman of the Apollo missions, for example, “wore a biosensor harness which
`11
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 16
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`provided a means of transmitting critical physiological data to the ground.” Ex.
`
`1024, 61. The harness, which provided “real-time telemetry of vital biomedical
`
`information,” included sensors for obtaining an “electrocardiogram, heart rate, and
`
`respiratory pattern and rate data.” Id. The wearable sensors also included sensing
`
`means for recording and transmitting media: “Voice communications and real-time
`
`television observations, coupled with monitoring of the vital signs, provided the
`
`medical basis for an inflight clinical profile of the Apollo astronauts.” Id. The data
`
`obtained from wearable sensors was displayed on remote monitors at the launch and
`
`at mission control centers. Id.; see also id. at 485-93.
`
`Example of a biobelt from the Apollo missions being worn with the electrode
`
`sensors in place. Id. at 491
`
`
`
`12
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 17
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`Around the same time, advancements in computer networking research were
`
`yielding practical applications. The precursor for the Internet—i.e., ARPANET—
`
`was built by DARPA and successfully implemented in the late 1960s.
`
`20. The combination of the distributed sensors and computer networking,
`
`i.e., sensor networks, were gestated mainly under DARPA funding, starting in the
`
`1970s. See Ex. 1021. These sensor networks were described as “a group of sensor
`
`devices connected by a communications networking trying to achieve a common
`
`goal—deriving an accurate world picture.” Id. at 38. As compact wireless
`
`networking technologies and capable microcomputer scaling were still fairly
`
`undeveloped at that time, these systems were mainly wired or hypothetical until the
`
`1990s, when building practical wireless systems began to be feasible. Again, much
`
`of this work was spurred by DARPA, this time under its SensIT program. Many
`
`papers from this program appeared in the 90s and made their way into the popular
`
`press at the time. See e.g., Ex. 1022.
`
`21. The idea of ubiquitously networking artifacts of daily life to form a new
`
`paradigm in Human-Computer Interfaces was first and famously elucidated by Mark
`
`Weiser of Xerox PARC in his visionary article ‘The Computer for the 21st Century’
`
`published in Scientific American in 1989. Ex. 1023. This article spoke of what
`
`Weiser called Ubiquitous Computing, where processing, networking and sensing
`
`would be in essentially everything, fundamentally changing the way we interact with
`
`13
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 18
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`things and information. Weiser punctuates the article with examples drawn from his
`
`group at PARC that pointed at possibilities extrapolated from the technology
`
`available at the time. This article (and the enormous flood of research that it inspired)
`
`foreshadowed the Internet of Things.
`
`B. Communicatively-coupled portable and wearable computing in the
`1990s
`22. By the 1990s, researchers had begun development of the concept of
`
`wearable computing. These pioneers were living in a world of distributed sensing,
`
`interface, and display, all arrayed on-body. They believed even then that the future
`
`of computing was to be up close and personal, always on, and with capabilities at
`
`the right place—e.g., a display at the eyes and an interface near the hands,
`
`ubiquitously networked to nearby and remote artifacts and resources with wireless
`
`and cellular links, etc. These researchers did not just speculate, patent, or write about
`
`it these concepts; they developed and lived with these systems. Several of them were
`
`close colleagues of mine at the MIT Media Lab at the time (see image below). Steve
`
`Mann, now a longstanding professor at the University of Toronto, was (and still is)
`
`one of the field’s most poignant visionaries, and Thad Starner, now a professor at
`
`Georgia Tech, went on to be one of the chief developers of Google Glass. Steve
`
`Mann traces his fielded wearable systems back to 1980 in his landmark survey article
`
`“Wearable computing: A first step toward personal imaging”, IEEE Computer Feb.
`
`14
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 19
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`1997. Ex. 1025. Steve’s wearable rig back then incorporated many of the challenged
`
`claims’ features, including wearable user interfaces, heart-rate and other monitors,
`
`GPS and other localization systems, and a variety of wireless links.
`
`
`
`MIT Wearable Computing Evangelists outside the Media Lab in the mid 90s – note
`
`Steve Mann at left and Thad Starner at right.
`
`23. The MIT Media Lab’s wearable researchers openly published and
`
`posted profusely during the 1990s, and many of their papers (and selected papers
`
`from other groups) are listed and linked on the Media Lab’s website. See
`
`http://www.media.mit.edu/wearables/papers.html.
`
`24. The Media Lab hosted the world’s first conference dedicated to
`
`Wearable Computing (ISWC) at MIT back in October of 1997, an event that is
`
`continuing to this day. One of many papers of note at the 1997 symposium was
`
`written by Prof. Steve Feiner and his team from Columbia University: ‘A Touring
`
`Machine: Prototyping 3D Mobile Augmented Reality Systems for Exploring the
`
`Urban Environment’. Ex. 1026. This paper describes classic, well-known pioneering
`15
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 20
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`work in mobile augmented reality, where his subjects would walk around Manhattan
`
`with a wearable computer then in a backpack, coupled to a separate GPS receiver,
`
`and including a “head-tracked, see-through, headworn, 3D display, and an
`
`untracked, opaque, handheld, 2D display with stylus and trackpad” with a RF
`
`wireless network link. A comprehensive history of significant mobile AR research
`
`and
`
`development
`
`is
`
`presented
`
`here:
`
`https://www.icg.tugraz.at/~daniel/
`
`HistoryOfMobileAR/
`
`25. The wearable community also explored physiological and health-
`
`related monitoring in their prototype systems back in the 1990s. In addition to Mann,
`
`researchers like Rosalind Picard (Mann’s advisor) and Dr. Jenn Healey used
`
`distributed biosensors in wearable systems for pioneering research in affective
`
`computing and e-health. Dr. Healey’s work on affective wearables was featured in
`
`the New York Times. See Ex. 1027. Dr. Picard’s group web page from 1997 includes
`
`articles on many other related projects conducted by the group around this time,
`
`including those using a multiplicity of biosensors and incorporating a variety of
`
`interface and graphing devices, including Palm Pilots and early tablet computers like
`
`the iPAQ. See http://affect.media.mit.edu/areas.php.
`
`26. Prof. Mike Hawley’s Personal Information Architecture research group
`
`at the MIT Media Lab was also building wearable computers for physiological
`
`sensing and dynamic tracking of athletes. His ‘Marathon Man’ project from 1997
`
`16
`
`IPR2020-00910
`Garmin, et al. EX1002 Page 21
`
`

`

`Declaration of Dr. Joseph Paradiso
`U.S. Patent No. 7,088,233
`equipped marathon runners with a wearable system that sensed heart rate, step
`
`cadence, core body temperature, and GPS position with a frequent data offlink via a
`
`cellphone or cellular modem to a remote internet-connected control center, where
`
`collaborators could plot the runners’ progress at frequent updates together with
`
`sensor state and communicate back to them. See 1029.
`
`27. Much of the early research in wearable and ubiquitous computing
`
`during the late 1990s explored context and activity recognition, fusing multiple
`
`sensors in the user’s environment (wearable and/or fixed), including audio, video,
`
`a