throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 37
`Entered: June 25, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TRW AUTOMOTIVE US LLC,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-00262
`Patent 7,655,894 B2
`_______________
`
`
`Before JUSTIN T. ARBES, BENJAMIN D. M. WOOD, and
`NEIL T. POWELL, Administrative Patent Judges.
`
`WOOD, Administrative Patent Judge.
`
`
`
`FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
`
`
`
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`IPR2014-00262
`Patent 7,655,894 B2
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`I.
`
`INTRODUCTION
`
`Background
`A.
`TRW Automotive US LLC (“TRW”) filed a Petition (Paper 1, “Pet.”)
`to institute an inter partes review of claims 1–5, 9, 10, 12–21, and 24–28 of
`U.S. Patent No. 7,655,894 B2 (Ex. 1002, “the ’894 patent”). Magna
`Electronics Inc. (“Magna”) filed a Preliminary Response. Paper 7. We
`instituted an inter partes review of claims 1–3, 5, 10, 13–16, 25, 26, and 28
`based on the following proposed grounds of unpatentability:
`Reference[s]
`Basis
`Claims Challenged
`Yanagawa,1 Vellacott,2 and
`§ 103(a) 1–3, 5, and 10
`Koshizawa3
`Yanagawa, Vellacott, Koshizawa,
`and Bottesch4
`Yanagawa, Vellacott, Koshizawa,
`and Aurora5
`Yanagawa, Vellacott, Koshizawa,
`and Kawahara6
`
`After the Board instituted trial, Magna filed a Patent Owner Response
`(Paper 23, “PO Resp.”), to which TRW replied (Paper 27, “Pet. Reply”).
`
`§ 103(a) 16
`
`§ 103(a) 13 and 14
`
`§ 103(a) 15, 25, 26, and 28
`
`
`1 JP S62-131837 to Yanagawa (June 15, 1987) (Ex. 1005).
`2 Oliver Vellacott, CMOS in Camera, IEE REVIEW (May 1994) (Ex. 1007).
`3 US 5,177,606 to Koshizawa (Jan. 5, 1993) (Ex. 1008).
`4 US 5,166,681 to Bottesch et al. (Nov. 24, 1992) (Ex. 1010).
`5 Mai Chen, AURORA: A Vision-Based Roadway Departure Warning
`System, 1995 IEEE/RSJ INT’L CONG. ON INTELLIGENT ROBOTS AND SYS.
`(Aug. 9, 1995) (Ex. 1012).
`6 US 4,758,883 to Kawahara (Jul. 19, 1988) (Ex. 1013).
`
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`IPR2014-00262
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`Oral Hearing was held on February 19, 2015, and the Hearing Transcript
`(Paper 36, “Tr.”) has been entered in the record.
`We have jurisdiction under 35 U.S.C. § 6(c). This Final Decision is
`entered pursuant to 35 U.S.C. § 318(a). We determine that TRW has not
`shown by a preponderance of the evidence that the challenged claims are
`unpatentable.
`
`Related Proceedings
`B.
`TRW discloses that the ’894 patent has been asserted in Magna
`Electronics, Inc. v. TRW Automotive Holdings Corp., Case No. 1:12-cv-
`00654-PLM (W.D. Mich. 2012). Pet. 6.
`
`The ’894 Patent (Ex. 1002)
`C.
`The ’894 patent, titled “Vehicular Image Sensing System,” describes a
`system for controlling a vehicle—e.g., dimming the vehicle’s headlights—
`in response to detecting “objects of interest” in front of the vehicle—e.g., the
`headlights of oncoming vehicles and the taillights of leading vehicles.
`Ex. 1002, 1:19–24. The system uses an image sensor that divides the scene
`in front of the vehicle into “a plurality of spatially separated sensing
`regions.” Id. at 2:9–12. A control circuit with a processor receives image
`data from the image sensor and determines if individual regions include light
`sources having a particular characteristic, such as a “spectral characteristic”
`(color), or intensity. Id. at 1:60–66, 5:48–56. By comparing the lights’
`characteristics with the “distribution” of the lights across the spatially
`separated sensing regions, such as the lights’ proximity to each other and to
`the vehicle’s central axis, the system can distinguish oncoming headlights
`and leading taillights from streetlights and other lights that are not of interest
`to the system. Id. at 2:38–49.
`
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`
`Illustrative Claims
`D.
`Of the claims at issue in this proceeding, claims 1 and 25 are
`independent, and each is drawn to an image sensing system for a vehicle.
`Ex. 1002, 12:18–15:37. Claims 2, 3, 5, 10, and 13–16 depend directly or
`indirectly from claim 1, and claims 26 and 28 depend directly or indirectly
`from claim 25. Id. at12:18–16:9.
`The independent claims share at least three common limitations:
`(1) an imaging sensor comprising a two-dimensional array of light-sensing
`photosensor elements; (2) the imaging sensor being inside the vehicle on
`which it is mounted, having a forward field of view through the vehicle’s
`windshield; and (3) a logic and control circuit comprising a processor that
`processes the image data to identify objects of interest. Ex. 1002, 12:18–32,
`13:55–67, 14: 31–42, 15:11–24. Independent claim 1 is illustrative and is
`reproduced below:
`1. An image sensing system for a vehicle, said image sensing
`system comprising:
`an imaging sensor comprising a two-dimensional array of
`light sensing photosensor elements formed on a semiconductor
`substrate;
`wherein said imaging sensor is disposed at an interior
`portion of the vehicle proximate the windshield of the vehicle
`and wherein said interior portion is at or proximate to an
`interior rearview mirror assembly of the vehicle and wherein
`said imaging sensor has a forward field of view to the exterior
`of the vehicle through the windshield;
`a logic and control circuit comprising an image processor
`for processing image data derived from said imaging sensor;
`wherein said image sensing system identifies objects of
`interest by processing said image data to identify objects of
`interest based at least on spectral differentiation; and
`
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`
`wherein identification of objects of interest is enhanced by
`comparing over successive frames image data associated with
`objects in said forward field of view of said image sensor.
`
`
`II. ANALYSIS
`
`Claim Construction
`A.
`“A claim in an unexpired patent shall be given its broadest reasonable
`construction in light of the specification of the patent in which it appears.”
`37 C.F.R. § 42.100(b); see In re Cuozzo Speed Tech., LLC, 778 F.3d 1271,
`1281 (Fed. Cir. 2015) (“We conclude that Congress implicitly adopted the
`broadest reasonable interpretation standard in enacting the AIA.”). Under
`that standard, the claim language should be read in light of the specification
`as it would be interpreted by one of ordinary skill in the art. In re Suitco
`Surface, Inc., 603 F.3d 1255, 1260 (Fed. Cir. 2010). Thus, we generally
`give claim terms their ordinary and customary meaning. See In re
`Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007) (“The ordinary
`and customary meaning is the meaning that the term would have to a person
`of ordinary skill in the art in question.”) (internal quotation marks omitted).
`We construe the following term in claim 1: “wherein identification of
`objects of interest is enhanced by comparing over successive frames image
`data associated with objects in said forward field of view of said image
`sensor” (“the enhanced limitation”). No other terms require express
`construction for purposes of this decision.
`
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`“wherein identification of objects of interest is enhanced by
`comparing over successive frames image data associated with
`objects in said forward field of view of said image sensor”
`
`The parties dispute the meaning of this term, and in particular the
`meaning of the phrase “the identification of objects of interest is enhanced.”
`Magna argues that this phrase means “the quality of the identification of
`objects [of interest] is improved.” PO Resp. 6. According to Magna,
`The ordinary and customary meaning of the term “enhanced” is
`“to increase or improve in value, quality, desirability, or
`attractiveness.” (Merriam-Webster definition of “enhance,”
`Ex. 2034).
` The phrase “is enhanced” directly follows
`“identification of objects of interest.” Accordingly, the plain
`language of claim 1 is clear that the quality of the identification
`of objects is improved.
`
`Id. Magna asserts that the ’894 patent Specification “is consistent with this
`construction,” as it explains that “using a plurality of frames [of image data]
`guards against erroneous object detection due to noise and eliminates
`headlamp toggling when sources are at the fringe of the detection range.”
`Id. at 6–7 (quoting Ex. 1002, 7:28–37). Thus, Magna asserts that “the
`recited enhancement is part of the object-identification process, not separate
`from it.” Id. at 7.
`TRW’s position, however, is that the construction of “identification of
`objects of interest is enhanced” in claim 1 “includes identifying a further
`characteristic of an object of interest.” Pet. Reply 3. Like Magna, TRW
`finds support for its proposed interpretation in the dictionary definition of
`“enhanced” set forth in Ex. 2034. Id. at 2; see Tr. 8:23–9:14 (agreeing with
`Magna that “enhanced” means “to increase or improve value [or] the quality,
`
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`IPR2014-00262
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`desirability or attractiveness”). And, again like Magna, TRW finds support
`for its proposed construction in the Specification. TRW states:
`[T]he ’894 Patent describes (i) obtaining information on object
`motion, (ii) by comparing objects over successive frames,
`(iii) to enhance object recognition. While the ’894 Patent does
`use hysteresis, it is clear that the ’894 Patent also initially
`identifies a headlight or taillight spectral signature in a single
`frame. See 1002 at 6:32–7:17. The hysteresis is used to
`determine when to send a signal to switch the headbeam state,
`not to identify an object. See 1002 at 7:28–35.
`
`Id. at 2–3 (emphasis in original).
`The claim language at issue recites that the “identification of objects
`of interest is enhanced” (emphasis added). It does not, as TRW’s arguments
`suggest, recite that the knowledge of various aspects of the object of interest
`is enhanced. Further, using the definition of “enhance” on which the parties
`apparently agree (PO Resp. 6 (quoting Ex. 2034); Pet. Reply 2 (same)), the
`plain meaning of “identification of objects of interest is enhanced” is that the
`identification of objects of interest is improved, e.g., in quality, as Magna
`proposes. That is, the quality of the identification of objects of interest is
`better than it would have been if the identification had not been based on
`processing multiple frames of image data.
`The Specification supports this interpretation in two ways. First, the
`Specification uses the term “enhance” in the context of describing
`processing techniques that improve the quality of an identification of an
`object of interest—i.e., that improve the likelihood of correctly identifying,
`or “recognizing,” objects of interest, and ignoring objects not of interest.
`For example, the Specification teaches that
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`The present invention is capable of utilizing spatial filtering to
`even further enhance the ability to identify light sources. . . .
`For example, it can be concluded that very closely adjacent red
`and white light sources are not of interest as oncoming
`headlights or taillights . . . [because they] can be identified as a
`streetlight.
`
`Ex. 1002, 10:18–31 (emphasis added). Likewise, the Specification teaches
`that
`
`Pattern recognition may be used to further assist in the
`detection of headlights, taillights, and other objects of interest.
`. . . By looking for a triad pattern, including the center high-
`mounted stoplight required on the rear of vehicles, stoplight
`recognition can be enhanced. Furthermore, “object recognition
`can be enhanced by comparing
`identified objects over
`successive frames.
` This temporal processing can yield
`information on object motion and can be used to assist in
`qualifying or disqualifying objects of interest.
`
`Id. at 10:33–45.
`Second, the Specification teaches that processing image data over
`several frames does, in fact, improve the quality of the identification of
`objects of interest. In particular, the Specification teaches a control routine
`that “requir[es] that a headlight spectral signature or a taillight spectral
`signature [to] be detected for a number of frames prior to switching the
`headlights to a low-beam state.” Id. at 7:28–31. Doing so “guards against
`erroneous detection due to noise in a given frame.” Id. at 7:33–36. That is,
`this control routine improves the quality of the identification of objects of
`interest by reducing the chance that noise in a single frame will cause the
`system to erroneously detect an object of interest when none is present.
`We do not find persuasive TRW’s argument that Magna’s
`interpretation “reads out embodiments where an object of interest is
`
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`recognized in a single frame.” Pet. Reply 2. The interpretation does not
`require that the identification of objects of interest always requires
`processing of multiple frames of image data; rather, it means that an
`identification based on processing multiple frames of image data is less
`likely to be erroneous than an identification based on the processing of a
`single frame of image data. To summarize, we agree with Magna that the
`broadest reasonable interpretation of “identification of objects of interest is
`enhanced” is that the quality of the identification of objects of interest is
`improved. Further, the quality of such identification is improved when the
`possibility of error is reduced.7
`
`B.
`
`Claims 1–3, 5, and 10—Obviousness—Yanagawa, Vellacott,
`and Koshizawa
`A claim is unpatentable under 35 U.S.C. § 103 if the differences
`between the subject matter sought to be patented and the prior art are such
`that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which the
`subject matter pertains. KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 406
`(2007). In the Decision to Institute, we adopted Petitioner’s proposed
`definition of a person having ordinary skill in the art of the ’894 patent at the
`time of the invention, which was supported by Dr. Miller’s testimony.
`
`7 We note that our construction is consistent with the court’s construction of
`the same term in Magna Elec., Inc. v. TRW Automotive Holdings Corp., Civ.
`No. 1:12-cv-654, slip op. at 22 (W.D. Mich. Apr. 28, 2015p ). There, the
`court adopted Magna’s construction of the term, i.e., that “identification of
`objects if interest is improved.” Id. The court explained that “the
`specification and claims describe a system that operates better after
`comparing successive frames than it would if it captured only one frame.”
`Id. at 23.
`
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`Dec. 12–13. The parties have not disputed this definition, and we see no
`reason to modify it in light of the record developed during trial. Therefore,
`we conclude that a person of ordinary skill in the art would have had at least
`the qualifications of or equivalent to either (1) a master’s degree in electrical
`engineering or computer science, with course work or research in vision
`systems, or (2) an undergraduate degree in electrical engineering or
`computer science with at least two years of work making optical vision
`systems. Id. (citing Pet. 22, Ex. 1014 ¶ 19).
`1.
`Claim 1
`TRW relies on Yanagawa as teaching most of the limitations of
`independent claim 1. Pet. 21–22. Yanagawa describes a vehicle-mounted
`imaging apparatus that detects the high beams of oncoming vehicles and
`taillights of leading vehicles based on the “color features” of the lights and
`whether the lights are at the same height. Ex. 1005, 002–003. Yanagawa’s
`system dims the vehicle’s headlights in response to such detection. Id. at
`001.
`
`TRW relies on the following excerpt from Yanagawa to teach the
`enhanced limitation:
`The distance between vehicles is calculated in this way every
`0.05 second as the image data are stored, and the speed of the
`device vehicle relative to a vehicle traveling ahead is calculated
`from the distance between vehicles obtained every 0.05 second.
`Specifically, 0.05 second after a taillight image such as shown
`in Fig. 5(A) has been obtained, the same taillight image is
`shown in Fig. 5(B), and the distance between taillights 52 and
`53 changes from r1 to r2.
`
`Pet. 27 (quoting Ex. 1005, 4).
`
`
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`
`Magna responds that TRW is “[u]sing an incorrect construction of
`‘identification of objects of interest is enhanced’” to support its
`unpatentability argument. PO Resp. 9. Magna asserts that the quoted
`passage explains how Yanagawa’s system calculates the distance between
`the equipped vehicle and a vehicle traveling ahead, and the relative speed of
`the vehicle traveling ahead, but does not describe identifying objects of
`interest or enhancing such identification. Id. at 9–10. According to Magna,
`the described distance and speed calculations are unrelated to and separate
`from the step of recognizing headlights and taillights in Yanagawa, and, in
`fact, are carried out after Yanagawa’s system already has recognized the
`leading vehicle’s taillights. Id. at 10 (citing Ex. 1005, Fig. 3).
`TRW does not dispute that the portion of Yanagawa on which it relies
`to teach this limitation does not involve the actual identification of objects of
`interest. Instead, TRW argues that this portion “expressly determines at
`least two further characteristics of identified taillights and vehicles thereof,”
`i.e. speed of the vehicle and distance to the device vehicle. Pet. Reply 3
`(emphasis omitted). Further, TRW argues that Yanagawa teaches this
`limitation even under Magna’s interpretation, because “Yanagawa utilizes
`speed and distance calculation . . . to enhance identification of objects by
`identifying detected objects as potential rear-end collision objects.” Id. at 4.
`As an initial matter, there is no dispute that the portion of Yanagawa
`on which TRW relies teaches “comparing over successive frames image data
`associated with objects in said forward field of view of said image sensor.”
`Further, there does not seem to be any dispute that the portion of Yanagawa
`on which TRW relies describes calculating the relative speed and distance of
`an object of interest that has already been identified as such. Therefore, the
`
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`dispute is whether that teaching corresponds to “enhanc[ing]” “identification
`of objects of interest” as claim 1 requires. We determine that it does not. As
`discussed above, we construe “identification of objects of interest is
`enhanced” to mean that the quality of the identification of objects of interest
`is improved; i.e., that the identification is less likely to be erroneous. But, as
`Magna correctly points out, Yanagawa’s speed and distance calculations of a
`leading vehicle are independent of its identification of the leading vehicle as
`an object of interest; nor does Yanagawa teach that such calculations reduce
`the possibility of error in an identification of an object of interest. See PO
`Resp. 9–10; Ex. 2032 ¶¶ 27–36 (supporting testimony of Matthew A. Turk,
`Ph.D.).
`In its Reply, TRW argues that even under Magna’s construction,
`Yanagawa teaches the “enhanced” limitation. Pet. Reply 4. According to
`TRW, “Yanagawa utilizes speed and distance calculation . . . to enhance
`identification of objects by identifying detected objects as potential rear-end
`collision objects.” Id. TRW refers to Yanagawa’s teaching that “because
`the distance between vehicles and relative speed have been calculated in this
`case, these data can be used to predict a potential rear-end collision.” Id.
`(quoting Ex. 1005, 005) (emphasis omitted).
`As an initial matter, this argument is newly raised in the Reply, and is
`based on a portion of Yanagawa that TRW alleges, for the first time,
`corresponds to the enhanced limitation. Although the argument is based on
`Magna’s proposed claim construction rather than the construction that TRW
`proposes in its Reply,8 we consider the dispute over the proper construction
`
`8 TRW did not propose a construction for the enhanced limitation in the
`Petition.
`
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`of this term to be sufficiently foreseeable so that TRW should have
`presented the argument and evidence in the Petition. TRW’s failure to do so
`at that time has deprived Magna of the opportunity to respond to it, as
`Magna could not respond to TRW’s Reply. For this reason, we decline to
`consider it. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`48,767 (Aug. 14, 2012) (stating that a reply that belatedly presents evidence
`will not be considered, and that one indication that a new issue has been
`raised in a reply is where the petitioner submits “new evidence necessary to
`make out a prima facie case” of unpatentability of an original claim).
`Even if we were to consider this argument, however, we would find it
`unpersuasive. TRW does not point us to anything in Yanagawa that
`suggests that a previously identified vehicle becomes a new “collision
`object” when it becomes a collision hazard. Nor do we find any such
`teaching in the reference. Instead, the vehicle remains a known (i.e.,
`identified) object regardless of its speed and distance relative to the equipped
`vehicle.
`In sum, we determine that TRW has not shown by a preponderance of
`the evidence that claim 1 would have been obvious over Yanagawa,
`Vellacott, and Koshizawa.
`2.
`Claims 2, 3, 5, and 10
`Claims 2, 3, 5, and 10 depend from claim 1, and, therefore,
`necessarily contain the enhanced limitation. TRW relies on its discussion of
`claim 1 with respect to this limitation in the dependent claims. Pet. 30–34.
`Therefore, for the reasons set forth above, we determine that TRW has not
`shown by a preponderance of the evidence that claims 2, 3, 5, and 10 would
`have been obvious over Yanagawa, Vellacott, and Koshizawa.
`
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`C.
`
`Claims 13–16—Obviousness—Yanagawa, Vellacott,
`Koshizawa, and Bottesch (Claim 16), Aurora (Claims 13 and
`14), or Kawahara (Claim 15)
`Claims 13–16 depend from claim 1, and, therefore, necessarily
`contain the enhanced limitation. TRW relies on its discussion of claim 1
`with respect to this limitation in these dependent claims. Pet. 38, 40–44.
`Therefore, for the reasons set forth above, we determine that TRW has not
`shown by a preponderance of the evidence that claims 13–16 would have
`been obvious over Yanagawa, Vellacott, Koshizawa, and Bottesch (claim
`16), Aurora (claims 13 and 14), or Kawahara (claim 15).
`
`D. Claims 25, 26, and 28—Obviousness—Yanagawa, Vellacott,
`Koshizawa, and Kawahara
`Claim 25 is independent. It does not contain the enhanced limitation,
`but instead recites “wherein a comparison is made by said logic and control
`circuit of a frame comprising image data to a successor frame in order to
`identify, at least in part, an object of interest.” Claims 26 and 28 depend
`from claim 25. TRW asserts that the following portion of Yanagawa teaches
`this limitation:
`The distance between vehicles is calculated in this way every
`0.05 second as the image data are stored, and the speed of the
`device vehicle relative to a vehicle traveling ahead is calculated
`from the distance between vehicles obtained every 0.05 second.
`Specifically, 0.05 second after a taillight image such as shown
`in Fig. 5(A) has been obtained, the same taillight image is
`shown in Fig. 5(B), and the distance between taillights 52 and
`53 changes from r1 to r2.
`
`Pet. 47, 50, 57 (quoting Ex. 1005, 004). This is the same passage on which
`TRW relies in the Petition as teaching the enhanced limitation of claim 1.
`
`
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`
`Magna disputes that this portion of Yanagawa teaches this limitation.
`As it argued with respect to the enhanced limitation in claim 1, and based on
`the same reasoning, Magna argues that this passage “is unrelated to the
`identification of objects.” PO Resp. 21. TRW likewise counters with the
`same arguments it raised with respect to claim 1. Pet. Reply 5.
`Claim 25 expressly requires that the comparison of a frame of image
`data with a successor frame be for the purpose of “identify[ing], at least in
`part, an object of interest.” For the reasons discussed above in Section
`II.B.1, we determine that the passage on which TRW relies is not directed to
`the identification of objects of interest; instead, it describes calculating the
`relative speed and distance of a previously identified object of interest.
`Accordingly, for the reasons discuss above, we determine that TRW has not
`shown by a preponderance of the evidence that claims 25, 26, and 28 would
`have been obvious over Yanagawa, Vellacott, Koshizawa, and Kawahara.
`
`III. CONCLUSION
`
`For the foregoing reasons, we determine that TRW has not shown by
`a preponderance of the evidence that claims 1–3, 5, 10, 13–16, 25, 26, and
`28 of the ’894 patent are unpatentable under 35 U.S.C. § 103(a).
`
`IV. ORDER
`
`For the reasons given, it is
`ORDERED that claims 1–3, 5, 10, 13–16, 25, 26, and 28 of the ’894
`patent have not been shown to be unpatentable.
`
`
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`This is a Final Decision. Parties to the proceeding seeking judicial
`review of the decision must comply with the notice and service requirements
`of 37 C.F.R. § 90.2.
`
`
`
`
`PETITIONER:
`
`Josh Snider
`A. Justin Poplin
`Timothy Sendek
`LATHROP & GAGE LLP
`patent@lathropgage.com
`jpoplin@lathropgage.com
`tsendek@lathropgage.com
`
`
`PATENT OWNER:
`
`David K.S. Cornwell
`Jason Eisenberg
`Robert Sterne
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`Davidc-PTAB@skgf.com
`jasone-PTAB@skgf.com
`rsterne-PTAB@skgf.com
`
`Timothy A. Flory
`Terence J. Linn
`GARDNER, LINN, BURKHART & FLORY, LLP
`Flory@glbf.com
`linn@glbf.com
`
`
`
`
`
`
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