Paper No. 36
`Entered: July 28, 2015
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`RECORD OF ORAL HEARING
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`- - - - - -
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`- - - - - -
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`CANON, INC.,
`Petitioner,
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`v.
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`INTELLECTUAL VENTURE I LLC,
`Patent Owner.
`
`- - - - - - -
`
`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
`
`- - - - - - -
`
`Oral Hearing Held on Wednesday, June 24, 2015
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`- - - - - - -
`
`
`
`Before: THOMAS L. GIANNETTI, JAMES A. TARTAL, and
`PATRICK M. BOUCHER (via video link), Administrative Patent Judges.
`
`
`
`The above-entitled matter came on for hearing on Wednesday, June
`24, 2015, at 2:00 p.m., in Hearing Room A, taken at the U.S. Patent and
`Trademark Office, 600 Dulany Street, Alexandria, Virginia.
`
`
`Entered: July 28, 2015
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`RECORD OF ORAL HEARING
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`- - - - - -
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`- - - - - -
`
`CANON, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURE I LLC,
`Patent Owner.
`
`- - - - - - -
`
`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
`
`- - - - - - -
`
`Oral Hearing Held on Wednesday, June 24, 2015
`
`- - - - - - -
`
`
`
`Before: THOMAS L. GIANNETTI, JAMES A. TARTAL, and
`PATRICK M. BOUCHER (via video link), Administrative Patent Judges.
`
`
`
`The above-entitled matter came on for hearing on Wednesday, June
`24, 2015, at 2:00 p.m., in Hearing Room A, taken at the U.S. Patent and
`Trademark Office, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
`
`
`APPEARANCES:
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`ON BEHALF OF THE PETITIONER:
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`JUSTIN J. OLIVER, ESQ.
`SEAN M. WALSH, ESQ.
`Fitzpatrick, Cella, Harper & Scinto
`975 F Street, N.W.
`Washington, D.C. 20004-1462
`202-530-1010
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`ON BEHALF OF THE PATENT OWNER:
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`
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`
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`
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`JOHN R. KING, ESQ.
`BRIDGET O'LEARY SMITH, ESQ.
`Knobbe Martens Olson & Bear LLP
`2040 Main Street
`14th Floor
`Irvine, California 92614
`949-760-0404
`
`JAMES R. HIETALA
`Director, Post Grant Proceedings
`Intellectual Ventures
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`P R O C E E D I N G S
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`(2:00 p. m.)
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`JUDGE GI ANNETTI: Please be se ated. So good
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`afternoon, ever yo ne. This is the fi nal hearing in t wo IPRs .
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`IPR2014 -00535 and IPR2014 -00757. Canon, Inc. ve rsus
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`Intellectual Vent ures I LLC , Paten t Owner .
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`Let me introduce the Panel. I a m J udge Giannetti.
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`I will be presiding. To my right is Judge Ta rtal. And on the
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`screen to my left is Judge Boucher, participating re motely
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`fro m our Denver facilit y.
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`Ma y I have appea rances f ro m coun sel. Let's start
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`first with Petitioner. Who is appea ring toda y for the
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`Petitioner?
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`MR. OLI VER: Your Honor, for Pe titioner, Justin
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`Oliver f ro m Fitzpatrick , Cella. Als o with me is Sean Walsh,
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`also of Fitzpatric k, Cella . Both on behalf of Petitio ner,
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`Canon.
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`JUDGE GI ANNETTI: Oka y. And who will be
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`making the prese ntation for Petitioner?
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`MR. OLI VER: I will, Your Honor.
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`JUDGE GI ANNETTI: All right. Mr. Oliver , thank
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`you. And who is appearing for the Patent Owner?
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`MR. KI NG: Goo d afternoon, Your Honor. M y
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`na me is John King. I' m lead counsel for the Pat ent Owne r, and
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`I will be presenti ng. At counsel table with me is ba ckup
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`counsel Bridget S mith.
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`JUDGE GI ANNETTI: Oka y. Mr . King, I will ask
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`you to keep your voice up. I a m ha ving some trouble hearing
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`you and I want to make sure the co urt reporter can g et
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`ever ything that you are sa ying.
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`So a fe w preli min ar y instructions. Each side has
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`one hour to prese nt argu ment. You ma y divide argu ment as
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`you wish. Petitioner gets r ebuttal, can rese rve ti me f or
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`rebuttal. You can either do that now or you can do that at the
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`end of your prese ntation.
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`Let me sa y a wor d about de monstr atives. We
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`received de mons tratives fro m both sides and we have revie wed
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`the m. In vie w of the nature of the de monstratives an d the
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`objections, the Pa nel has decided t hat the y will not be entered
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`in the record unless authorized b y the Board.
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`Howeve r, you ma y use the m as aid s to argu ment.
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`But I want to cau tion you that the record of the hea r ing is
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`going to be the tr anscript and not the de monstratives . So i f
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`you want so mething in the record , please place it on the
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`transcript and don't rel y on the de monstratives.
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`There was one ob jection that I do want to address ,
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`which was the objection, I believe i t was the P etitioner's
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`objection to the P rox yconn decision.
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`And the ob jection is overruled. Eit her side is
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`per mitted to re fer to or discuss that decision during the course
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`of the hea ring. Other than that, the re maining object ions to
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`the de monstrative s will be under su b mission, but we are not
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`going to rule on the m at this ti me .
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`All right. I belie ve we a re read y t o proceed. Does
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`either side have a n y questions? Pe titioner, an y ques tions?
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`MR. OLI VER: No, Your Honor.
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`JUDGE GI ANNETTI: Patent Own er?
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`MR. KI NG: No , Your Honor.
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`JUDGE GI ANNETTI: All right. I think we are
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`read y to proceed . I will set the ti mer her e and then ,
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`Mr. Oliver , you ma y proceed . Just give me a se cond.
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`JUDGE B OUC HER: Actuall y, I ju st want to verif y
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`that you c an hear me all right. And I want to ask the parties if
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`the y c an make sur e to re fer to the s lide nu mber that t he y are
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`on because I will be following along on the scre en a nd I can 't
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`see the displa y in the hearing roo m there.
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`JUDGE GI ANNETTI: Ye s, just gi ve me a se cond.
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`I should have me ntioned that. Wh en you do refe r to
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`de monstratives, p lease call out the slide nu mber for t he benefit
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`of the P anel, and particularl y for J udge Boucher. Ju st give me
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`a second here . I t hink we'll just us e the clock .
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`All right. M r. Ol iver, do you want to rese rve ti me
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`now or lat er?
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`MR. OLI VER: Yes, Your Honor. I would like to
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`reserve 15 minute s of rebuttal ti me .
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`JUDGE GI ANNETTI: Oka y. Fine . So you a re
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`starting at 2:05. I will tr y to give you a warning wh en you get
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`into your rebuttal ti me, but you ma y proc eed when you are
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`read y.
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`MR. OLI VER: Thank you, Your Honor. M a y it
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`please the Boa rd. This or al hearing relates to two IP Rs. The
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`first of which r elates to the '406 patent. The secon d of which
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`relates to the '285 patent. P etitioner has provided
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`de monstratives, s eparate sets for e ach of those t wo cases.
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`I would like to discuss the '285 patent first, as it is
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`the later or the continuation of the ' 406 patent and contains
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`narrower clai ms . Ho wever , be fore I turn my attention to the
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`'285 patent, I would like to give a brief overview of the
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`technology at issue.
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`The patents at issue relate to document scanners
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`having a main cir cuit module and a n optical sensor c ircuit
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`module. For the Board's convenie nce, in the '285
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`de monstratives, t he figure fro m th e '285 patent is pr ovided on
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`page 4 and that is figure 2 .
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`As can be se en f r o m page 4 of the ' 285
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`de monstratives, t here is a main mo dule 210 and an o ptical
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`sensor module 22 0. The main mod ule has a control logic unit
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`and a me mo r y. It is connected to t he optical sensor side b y a
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`cable 230.
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`In traditional sca nners the optical side will be
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`mounted on a car r iage and move rel ative to the docu ment
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`being scanned. The c able allows f or the move ment of one
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`relative to the oth er while maintain ing co mmunicatio n between
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`the two sides.
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`As can be se en he re, the optical sen sor side is
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`na med that becau se it includes the optical sensor that actuall y
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`reads the docu me nt. As can a lso b e seen it includes a ti ming
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`generator, an anal ogue front -end pr ocessor, and an
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`analogue/digital converter which converts the analogue i mage
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`data to a digital image signal.
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`As discussed in b oth patents, what happens is a
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`scanning instruction is provi ded to the main unit 210 or main
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`module 210. A s canning instruction ma y be a user level
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`instruction such as a start signal, a docu ment size , re solution,
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`so on and so fort h.
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`At the main side, the main control l ogic unit in
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`response to the sc anning instru ction prepares or gen erates
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`what is called a s can control signal. That scan control signal
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`is sent across the cable to the ti min g generator. In r esponse,
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`the ti ming gener a tor generates wha t is called a ti min g control
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`signal. Thus, we have a sc anning ins truction to a scan control
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`signal to a ti ming control signal.
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`Now, the stated a dvantages in the ' 285 and '406
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`patents are the location of the ti mi ng generator and the
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`analogue/digital converter on the o ptical side. Speci ficall y as
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`explained in the paten ts, the cable, if high frequenc y clock
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`signals and other ti ming control signals for operating the
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`optical sensor are sent ac ross the c able, the y can ge nerate
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`electro magnetic i nterference . That interfer ence can interfere
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`with or degr ade a n i mage signal.
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`Further mo re, anal ogue i mage signals are degraded
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`more easil y than digital i mage signals. For this r ea son the
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`ti ming control signals for controlling the optical sensor and
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`the A-to- D converter, as well as th e A -to-D conversion, take
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`place on the optic al si de. Howeve r , that's exactl y what was
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`done in the prior art before the filing date of either of the t wo
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`patents.
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`I would like to direct the Board's a ttention to
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`de monstrative pa ge 6 of the '285 which has a side -b y-side
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`co mparison of the figure we just lo oked at fro m the ' 285
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`patent, figure 2, a s well as the prior art . This partic ular figure
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`fro m the p rior art is fro m the Tsuboi refer ence whic h is
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`applied in both the '406 and the '28 5 cases.
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`As can be se en, Tsuboi includes a main module and
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`an optical s ensor module just like t he '285. The ma i n module
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`is on the botto m. It is labeled i ma ge processing board. Just
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`like the main mod ule in the '285 pa tent, there is a co ntrol logic
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`labeled here CP U and a me mor y. That control logic sends
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`scanning control sig nals across the cable to the optical sensor,
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`the top box in the figure. And, aga in, just like the '285 and
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`'406 patents, ther e is a ti ming gene rator labeled G/ A 37, a
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`CCD, an analogue processor and a n A -to- D converter. Thus,
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`the ti ming gener a tor for crea ting ti ming control signals and the
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`A-to-D conversion occur on the optical sensor side just as
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`described and cla i med in both the ' 285 and '406 case s.
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`For that r eason we believe the prior art , not onl y
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`Tsuboi but the other re ferences tha t show the sa me d e sign,
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`render the clai ms unpatentable. These other refe renc es we
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`will discuss are Ha yashi and Wada pri ma ril y. That b eing said,
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`I would like to turn to the '285 cas e specificall y.
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`For the Board's c onvenience, at th e beginning of
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`the de monstrative s we hav e the independent clai ms . I would
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`like for exe mpla r y purposes to loo k at de monstrative page 2
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`which includes cl ai m 7 of the '285 patent.
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`As discussed with respect to the fig ure, we can see
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`here that the clai ms -- and clai m 7 is repr esentative of the
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`independent claims -- clai m 7 re ci tes a ma in circuit module as
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`we discussed, a c onnection cable a nd an optical sensor circuit
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`module.
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`Further mo re, it st ates that the optic al sensor circuit
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`module r eceives s can control signals fro m the main c ircuit
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`module, just as we discussed with r espect to Tsuboi, and also
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`the optical sensor circuit module g enerates ti ming c ontrol
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`signals for extrac ting an analogue image signal in re sponse to
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`the received scan control signals.
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`The extr action of the analogue i ma ge signal being
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`the controlling of the CC D to re ad out the analogue image
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`data.
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`Finall y, clai m 7 a s well as all of th e independent
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`clai ms fro m the ' 285 patent recites a negative li mita tion in the
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`for m of the last " wherein" clause. Specificall y it sta tes:
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`" Wherei n the rec e ived scan control signals do not comprise
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`an y ti ming contro l signals." This i s because the ti mi ng control
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`signals rather tha n being sent acro ss are gene rated o n the
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`optical sensor side.
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`Now, bec ause the patents, the prior art at issue,
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`both Ts uboi and Wada and Ha yashi show this discussion, the
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`argu ment see ms t o co me down for the Patent Owner, I V, to
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`clai m construction. No w, I would like to turn to cla i m
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`construction.
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`JUDGE B OUC HER: Actuall y can I interrupt you
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`there. I re alize we haven't ta lked a bout the other patent yet ,
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`but is there a distinction between g enerating ti ming signals in
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`response to the re ceived scan signa ls and converting ti ming
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`signals to -- sorr y, converting scan signals to ti ming signals?
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`MR. OLI VER: F or purpose s of th e application of
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`the prior art I don't believe ther e is , Your Honor. In both the
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`Tsuboi, well, I gu ess Tsuboi would be the pri ma r y ex a mple
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`because that's the pri mar y pie ce of prior art used in both the
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`'406 and the '285. In both cases th ere is a C P U that receives,
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`for instance, an i nstruction.
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`Actuall y with res pect to ti ming co ntrol signals it
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`will be the CP U sends a scan control signal to a ti mi ng
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`generator. That i n response issues a ti ming control signal.
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`So I think with re spect to defining converting, it is
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`slightly diffe rent as far as the lang uage between the '406 and
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`the '285, but the r esult of the appli cation of the prio r art is the
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`sa me in that the t i ming generator r eceives a scan co ntrol
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`signal and in response it issues a di fferent sign al.
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`So there is one si gnal going in, a d ifferent signal
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`co ming out. And we believe that is a conversion as s hown in
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`the prior art . The re is nothing in the '406 or '285 pat ent that
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`reall y define converting in a diffe r ent wa y. Obviously a
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`response would be, I think, so me what broader, but i n this case
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`I think Tsuboi ap plies it in either c ase.
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`JUDGE B OUC HER: Thank you.
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`JUDGE GI ANNETTI: Counsel, I have a question.
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`In your view does this patent, the ' 285 patent, does an y ti ming
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`infor mation pass fro m th e main cir cuit module to the optical
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`side?
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`MR. OLI VER: In the '285 patent?
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`JUDGE GI ANNETTI: Yes.
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`MR. OLI VER: Well, the patent is not ver y clear
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`on that. All it sa ys is sc anning control signals go across and
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`ti ming control signals are generate d on th at side. Neither of
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`those ter ms ar e d efined particularl y clearl y.
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`Howeve r, the con struction offered b y I V would
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`see m to be that a n ything that even turns on a ti ming generator
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`would be considered a ti ming control signal, as we will
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`discuss.
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`Howeve r, as far a s what a ti ming c ontrol signal is,
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`at least in the con text of the '285 it explicitl y states that the
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`signal is for extra cting an analogue i mage signal. So the
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`ti ming control signal the y are discussing or clai ming in the
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`'285 patent would be the one that a ctuall y controls t he CC D.
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`And the a ctual si gnal that controls the CC D does not co me
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`across in the '285 patent or in Tsub oi or in Ha yashi, so on and
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`so forth.
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`Wh at actuall y controls the CCD would be the
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`output of the ti mi ng generator. An d in all o f the pri or art the
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`ti ming generator is actuall y locate d on the optical s ide,
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`including the '285 patent.
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`JUDGE GI ANNETTI: Well , what is your
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`interpretation of t he language in the patent where it talks
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`about converting signals? It sa ys t he optical senso r circuit
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`module r eceives t he scan control si gnal and converts the scan
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`control signals into ti ming control signals.
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`Wh at is your inte rpretation of convert in that
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`context?
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`MR. OLI VER: Our interpretation of convert in
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`that context, and, again, that cl ai m language is used in the
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`'406 case, not the '285.
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`JUDGE GI ANNETTI: But it appears in the
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`specification?
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`MR. OLI VER: Yes, it does , Your Honor, in both.
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`Convert would be , I me an, the pate nt itself shows ba sicall y
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`black boxes, a co ntrol logic, a ti m i ng generator, and it sa ys
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`that a signal goes into one and a ti ming control signal co mes
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`out. So there has to be a signal tha t goes in and a different or
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`modified signal c o ming out.
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`Other than that there is reall y no d efinition in the
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`'285 patent of wh a t that me ans as f ar as a conversion. But we
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`understand and have applied it f rom the prior art as , for
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`instance, in Tsuboi, a s ynchronizat ion signal goes into the
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`ti ming generator 37. What co mes out are clock signals and
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`other ti ming control signals for o peration of the CC D.
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`JUDGE GI ANNETTI: I looked up the definition of
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`convert in my dic tionary befor e thi s hearing. And it said: To
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`change into another for m.
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`MR. OLI VER: Yes, Your Honor.
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`Case IPR2014-00757 (Patent 8,300,285)
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`JUDGE GI ANNETTI: Does that h ave an y me aning
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`in this context, th at the signal is ch anging for m fro m a sc an
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`control signal to a ti ming control signal?
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`MR. OLI VER: M a ybe not in the st rictest
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`definition as provided in the dictionar y. But the wa y it is used
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`or the wa y it appears to be used in t he patent is that o ne sig nal
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`goes into the ti mi ng generator. In response another signal
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`co mes out. And t his is clear fro m t he file histor y as well that
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`sa ys: Upon r ecei pt of one signal t he other one is ge nerated.
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`And the patent do es go back and fo rth between
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`sa ying generating a ti ming control signal and converting a
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`ti ming control signal.
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`JUDGE GI ANNETTI: Do you think that's
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`consistent with the wa y the t er m "c onversion" is used in signal
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`processing?
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`MR. OLI VER: I think a lot of things in the '285
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`patent might not be consi stent with the wa y a perso n of skill in
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`signal processing would perhaps d efine things. It is not reall y
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`clear what a scan ning control signal is and how it is converted
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`to a ti ming control signal.
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`So there is a lack of definition as f ar as what is
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`me ant fro m that. I think a person o f ordinar y skill in the art
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`might look at this and be so me what confused b y wha t is meant
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`b y the conversion, given the lack o f understanding of the
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`signals and what takes place in the ti ming gene rator since
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`there is r eall y no d escription of wh at is going on inside that
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`box.
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`But absent an y de scription all we have is that one
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`signal goes in and another signal c o mes out. And th at's re all y
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`the onl y discussion in the '285 pat ent, that's what we looked
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`for in the p rior ar t, which i s one si gnal goes into a t i ming
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`generator. That s ignal is processed and it leads to a different
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`signal.
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`JUDGE GI ANNETTI: Thank you.
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`MR. OLI VER: Now, as I mentione d, clai m
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`construction has beco me a pri mar y issue in this case . I would
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`like to turn the B oard's attention to de monstrative p age 8.
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`There are provided Canon's construction, I V's construction and
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`the adopted construction fro m the Board.
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`As the Board is well aware , the construction
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`proposed by Cano n with r espect to ti ming control signals, and
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`obviously ti ming control signals have been the focus of this
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`case f ro m both sides, ti ming contr ol signals mean signals
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`generated b y a time generator and used to control the ti ming of
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`extraction of an a nalogue i mage signal. Extraction of an
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`analogue i mage si gnal is actuall y t he language used in the
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`clai ms .
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`Now, IV's constr uction co mes bac k and sa ys ti ming
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`control signals mean signals for ti ming control. But that does
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`ver y little to actu all y de fine or construe the ter ms . I think the
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`proble m that we h ave with IV's pro posal is what is stated here
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`is reall y not what is actuall y being applied as I V's
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`construction.
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`As we will se e f r o m both the discussion of Ha yashi
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`and Tsuboi, what IV argues is a ti ming control signal is an y
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`signal that affects a ti ming con trol generator -- excu se me , a
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`ti ming generator . Meaning I V has argued that even a signal
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`that turns on a ti ming gener ator sh ould itself be considered a
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`ti ming control signal.
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`Because that ti mi ng control signal is recited in a
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`negative li mitation, I V th en argues that, well, all of t he prior
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`art fails to disclose the negative -- excuse me , fails to satisf y
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`the negative li mit ation because, i f i t is turning on a t i ming
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`generator, then it is itself a ti ming control signal and can't
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`satisf y that li mita tion.
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`Howeve r, that ma kes no sense in th e context of the
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`clai ms or in the c ontext of the spec ification. In the context of
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`the clai ms, the ti ming control signals must be produ ced or
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`generated in r esponse to a scan co ntrol signal. I f a n ything that
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`co mes over an d pro mpts gener ation of a ti ming contr ol signal
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`is itself a ti ming control signal, then the clai m mak es no
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`sense.
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`Further mo re, the proposed construction where even
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`"on" signals for a ti ming gene rator are considered timing
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`control signals would read out t he sole e mbodi ment of the '285
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`patent. The '285 patent, as we sa w, has a ti ming gen erator. It
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`must r eceive an o n signal as we wi ll see is ad mitted b y I V's
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`own declar ant. Yet for so me r eason the on signals f or ti ming
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`generators in the prior art are consi dered ti ming control
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`signals that do not meet the negative li mitation.
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`Howeve r, the on signal used in the '285 patent
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`itself so meho w is exe mpt. That di choto my of vie ws si mpl y is
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`inconsistent and does not provide a rational basis f or
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`distinguishing the p rior a rt.
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`JUDGE B OUC HER: So under the Petitioner's
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`proposed construction, can signals generated b y the main
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`circuit module ev er be ti ming control signals?
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`MR. OLI VER: The y cannot if the y go to a ti ming
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`generator and a ff ect it in an y wa y.
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`JUDGE B OUC HER: How do you r econcile that
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`position then with the prosecution history that the P etitioner
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`has pointed out, because didn't the y distinguish Kono
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`specificall y on that basis, that Kon o shows ti ming c ontrol
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`signals that are g enerated b y the main circuit m odule?
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`MR. OLI VER: That is corre ct, Yo ur Honor. First
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`I would like to note that we don't necessaril y -- we d on't agree
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`that the Exa mine r was right in this case and the Boar d is not
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`bound by the Exa miner 's decision.
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`There is also an i mportant distinct ion with respect
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`to Kono. Kono operated diffe rently than an y of the prior art
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`being applied, although IV would like to co mpare ev er ything
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`to Kono. Kono has the clock gene rator on the main circuit
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`side. It gener ates a six - megahe rtz clock. It sends th at clock
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`across the c able t o the optical sensor side whe re that sa me
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`clock is si mpl y multiplied up to a higher frequenc y.
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`That is dif ferent t han what is shown in an y of the
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`prior art wher e an on signal, basica lly, as ad mitted by IV's
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`own declar ant, comes ac ross, and t he actual clock signals that
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`go to the CC D to control the extrac tion of the analogue i mage
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`signal, that actual generation of clock signals takes place on
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`the optical side.
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`In Kono the clock signals are gener ated on the
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`main side. So that woul d be a distinction. That bein g said I
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`don't think IV's p roposed construction with respect to an ything
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`that even af fects the ti ming gener a tor would be considered a
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`ti ming control signal. It might dist inguish Kono but, again, it
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`also distinguishes its own speci fica tion.
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`There has to be s o mething that con trols the ti ming
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`generator to gene rate ti ming contr ol signals. I f an ything that
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`controls a ti ming generator is itself a ti ming control signal,
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`then there is no wa y for a ti ming ge nerator to eve r r e ceive a
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`signal.
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`JUDGE B OUC HER: So under your proposed
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`construction then, that signal in Kono is not a ti ming control
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`signal, is that cor rect?
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`MR. OLI VER: The six - megahertz ?
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`JUDGE B OUC HER: Yes .
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`MR. OLI VER: That's the one that co mes across. I
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`would sa y it is di stinct because it i s a clock signal that co mes
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`across, where as t he prior a rt actua lly developed gen erates the
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`clocks on the optical side, but I wo uld agree that Ko no also --
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`I think the Exa mi ner got it wrong, to be quite honest -- I think
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`even Kono would meet the li mitati ons of the clai ms .
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`Now, obviously Kono was overco me which is wh y
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`it is not being applied here b y one of the r eferenc es and wh y
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`the refe rences tha t we re sele cted to invalidate these clai ms are
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`different. And al l of these refe ren ce s, whether it be Ha yashi
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`or Tsuboi or Wad a, the y don't send across the clock signals
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`that are used to e xtract analogue i mage data . I think the
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`distinction lies there.
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`JUDGE GI ANNETTI: Counsel, do you accept the
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`Board's construct ion of scan contr ol signa l or are you
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`challenging that?
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`MR. OLI VER: We don't challenge it si mpl y
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`because the P aten t Owner has not d isagreed that the prior art
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`shows scanning control signals. S o there is no argu ment there .
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`So to the extent t hat there has bee n tacit ad mission
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`that all of the pri or art shows scan ning control signals being
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`sent across, the d efinition doesn't affect this case .
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`JUDGE GI ANNETTI: What about the sa me
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`question for ti mi ng control signals, do you challeng e the
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`Board's construct ion of that ter m?
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`MR. OLI VER: No, Your Honor, we don't. The
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`Board adopted Ca non's constructions on the control signals so,
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`no, we do not dis pute that clai m construction.
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`Now, with respec t to the point I was making earlie r
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`concerning the ar gu ments here that an ything that tur ns on a
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`ti ming generator is a ti ming control signal in IV's vi ew, I
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`would like to dire ct the Boa rd's att ention to page 11 of the
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`de monstratives, a nd specificall y ju st the botto m quo te there .
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`IV's argu ment is signal A(0) enables register 109 --
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`and this is d iscussing the Ha yashi referenc e which I will turn
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`to in a minute -- enables register 1 09 for writing an d allows
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`the operating mo de data of C DATA to s witch the driving clock
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`generating circuit on and off .
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`Basicall y I V is admitting that what CDATA at A(0)
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`are, ar e si mpl y on signals for the dr iving clock generating
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`circuit 112, whic h generates the timing control signals.
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`Again, se e ming t o be that an ything that aff ects or t urns on a
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`ti ming generator is b y its ve r y nat ure a ti ming control signal.
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`We will se e that e ven mo re with r espect to further
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`discussion of Ha yashi. Figure 1 of Ha yashi is provided on
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`page 14 of the de monstratives. As we can see fro m figure 1 of
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-00757 (Patent 8,300,285)
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`Ha yashi on the right in that figure we have a main circuit
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`module which is l abeled 611. It i n cludes a C PU 84.
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`That main module is connected to a n optical sensor
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`module via a cable 106, which is also labeled as the bus. On
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`the left -hand side of figure 1 of Ha yashi we have the optical
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`sensor module. I t contains the optical sensor at the top
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`left-hand corner which is C CD ar r a y 607.
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`Just like the '285 patent it also includes an
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`analogue processor 82 and the A -t o-D converte r 83.
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`Further mo re, the scan signals that were relied
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`upon, which we just discussed, CDATA, A(0) , WR , t he y are
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`sent fro m CPU 84 across and read into the register 1 09, which
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`is on the botto m l eft -hand side of that diagra m. The reading in
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`of that infor matio n 109 will activat e the driving cloc k
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`generating circuit 112 to generate t he driving clock that is
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`used to control the CC D 6 07.
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`Thus, the C DATA is the scan contr ol signal that
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`co mes across. It will activate the driving clock generating
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`circuit and, in tur n, the driving clo ck generating circ uit will
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`provide the driving clocks that act ually control the extraction
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`of analogue i mag e data. And that' s what is recited i n the '285,
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`a ti ming control signal for extracti on of analogue i mage data.
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`Now, turning to t he next page of the
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`de monstratives, p age 15, the first two paragr aphs ba sicall y
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`Case IPR2014-00535 (Patent 7,315,406)
`Case IPR2014-007
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