throbber
Filed: December 15, 2014
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`
`
`Filed on behalf of
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`Patent Owner Intellectual Ventures I LLC
`By: Brenton R. Babcock
`
`Ted M. Cannon
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
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`2040 Main Street, Fourteenth Floor
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`Irvine, CA 92614
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`Tel.: (949) 760-0404
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`Fax: (949) 760-9502
`
`Email:
`BoxPGL5@knobbe.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`CANON INC.,
`
`Petitioner
`v.
`
`INTELLECTUAL VENTURES I LLC
`
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`IPR Trial No. 2014-00535
`U.S. Patent 7,315,406
`
`
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`
`
`
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`
`
`
`DECLARATION OF RICHARD G. ZECH, PH.D.
`
`

`
`I, Richard G. Zech, Ph.D., do hereby declare:
`I. INTRODUCTION
`
`1.
`
`I am a citizen of the United States residing in Colorado Springs,
`
`Colorado. In view of my scientific and technical knowledge and nearly 50 years of
`
`experience, I have been retained by Knobbe, Martens, Olson & Bear LLP, counsel
`
`for Intellectual Ventures I LLC as an independent expert in connection with a
`
`Petition for inter partes review (IPR) challenging the patentability of the claims of
`
`U.S. Patent 7,315,406 (“the ’406 patent”). I understand that the Patent Trial and
`
`Appeal Board (Board) of the U.S. Patent & Trademark Office has instituted an IPR
`
`of the patentability of claims 1–31 of the ‘406 patent based on a Petition by Canon
`
`Inc. (Petitioner) and a supporting declaration by L. Richard Carley, Ph.D. I
`
`understand the following are the instituted grounds for review:
`
`
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`
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`
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`
`
`whether claims 1–3, 5, 6, and 10–31 are patentable under 35 U.S.C.
`
`§ 102(b) as anticipated by Tsuboi (Exhibit 1015);
`
`whether claims 1–3, 5, 6, and 10–31 are patentable under 35 U.S.C.
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`§ 103(a) as being obvious over Tsuboi;
`
`whether claim 4 is patentable under 35 U.S.C. § 103(a) as being
`
`obvious over Tsuboi in combination with Takegawa (Exhibit 1017);
`
`whether claim 7 is patentable under 35 U.S.C. § 103(a) as being
`
`obvious over Tsuboi in combination with Koshimizu (Exhibit 1012);
`
`- 1 - 
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`

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`
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`whether claim 9 is patentable under 35 U.S.C. § 103(a) as being
`
`obvious over Tsuboi in combination with Nakamura (Exhibit 1018);
`
` whether claims 5, 6, 8, 16–25, 29, and 31 are patentable under 35
`
`U.S.C. § 103(a) as being obvious over Tsuboi in combination with
`
`Kono (Exhibit 1006);
`
` whether claim 7 is patentable under 35 U.S.C. § 103(a) as being
`
`obvious over Tsuboi in combination with Kono and Koshimizu;
`
` whether claims 2, 3, 14, 15, 18, 19, 23, 27, and 28 are patentable
`
`under 35 U.S.C. § 103(a) as being obvious over Tsuboi
`
`in
`
`combination with Ochiai (Exhibit 1009);
`
` whether claim 4 is patentable under 35 U.S.C. § 103(a) as being
`
`obvious over Tsuboi in combination with Ochiai and Takegawa; and
`
` whether claims 18, 19, and 23 are patentable under 35 U.S.C. § 103(a)
`
`as being obvious over Tsuboi in combination with Ochiai and Kono.
`
`2.
`
`The following discussion and analysis provides my opinion as to why
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`the challenged claims are not anticipated by Tsuboi and are not obvious in view of
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`Tsuboi alone or in combination with one or more of Takegawa, Koshimizu,
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`Nakamura, Kono, and Ochiai.
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`- 2 - 
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`

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`II. BACKGROUND AND QUALIFICATIONS,
`PREVIOUS TESTIMONY, AND COMPENSATION
`A. Background and qualifications
`
`3.
`
`I am a President and Managing Principal at the ADVENT Group,
`
`which provides forensic consumer electronics test and evaluation, market research,
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`product development, R&D, engineering, and technology assessment services in
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`the areas of optical and computer storage, flat panel displays, digital cameras,
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`nanotechnology, Microelectromechanical systems (MEMS), and photonics.
`
`ADVENT Group’s main areas of expertise
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`include consumer electronic
`
`technologies, such as digital cameras and imaging, scanners, small computer
`
`systems and components, and optical drive and media technologies.
`
`4.
`
`I graduated from Lawrence Institute of Technology (now Lawrence
`
`University) in 1965 with a B.S. in Electrical Engineering, while being named
`
`Founder’s Scholar each year of my undergraduate studies. I then graduated from
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`University of Michigan in 1974 with a Ph.D. in Electrical Engineering with
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`Computer Science and Photonics minors. While at the University of Michigan, I
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`studied under leading modern optical science pioneers E. N. Leith, A. Kozma, A.
`
`Vander Lugt, and Dennis Gabor (1971 Nobel laureate in physics).
`
`5.
`
`At the University of Michigan I began a lifetime of research and
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`development in the highly specialized areas of optical data and image storage,
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`processing, computing, and communications as well as image capture and display.
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`- 3 - 
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`

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`While completing my Master’s and Doctorate education at the University of
`
`Michigan, I performed research in the areas of holography, optical data processing
`
`and storage, light-sensitive materials, lasers, and grating ruling engines. I also
`
`worked on research and development of pioneering recording and processing
`
`systems for optical storage and image correction and enhancement.
`
`6.
`
`I have nearly 50 years of electrical and computer engineering
`
`experience
`
`in
`
`research and development, product development, systems
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`engineering, and program management, including being principal investigator role.
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`My work experience relates to advanced technologies for capturing, processing,
`
`and storing large data sets, such as LandSAT satellite data for NASA and the
`
`Department of Defense. I have been involved with pioneering work in the fields of
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`holography, 3D holographic memories, optical data storage on disc, tape, and card,
`
`flat panel displays, lasers, materials science, and input/output devices.
`
`7.
`
`Since my graduation from the University of Michigan, I have taken
`
`numerous courses and seminars to increase my technical knowledge, and I have
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`published nearly 200 papers.
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`8.
`
`I have extensive experience with document scanning. In the 1960s and
`
`1970s, I leveraged my expertise in optical data storage to establish a leadership
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`position in the document image management field. I focused on document image
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`management systems, document archiving systems, and near-line storage systems.
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`- 4 - 
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`Important applications at
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`that
`
`time
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`included personnel record databases,
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`cartographic databases, medical record databases, engineering drawing databases,
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`and weapons inventories. Each solution required a managing computer system,
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`application specific software, archival storage (normally, a write-once optical disc
`
`type), a printer, and a document scanner. As these components were relatively in
`
`their early stages of evolution, a large degree of customization was required.
`
`9.
`
`In particular, document scanners for text or image were primitive. I
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`designed and engineered laser-based scanners and printers based on the helium-
`
`neon laser. My group provided production acousto-optic scanners and modulators
`
`components to IBM and Xerox for incorporation into their high-performance
`
`scanner and printer product lines. My group invented and built super high-speed
`
`scanners based on acousto-optic traveling wave lenses for the USAF and laser
`
`FAX machines for high-resolution print out of satellite weather data.
`
`10.
`
`In the 1980s, as part of my modernization plan at McGraw-Hill, I
`
`introduced personal computers (PCs), local area networks (LANs), and document
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`image management systems. Starting in the 1990s, I have been researching ways to
`
`improve the performance, introduce higher levels of automation, and lower the cost
`
`of document image management systems. I have held VP positions in Engineering,
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`Marketing and Sales, and Strategic Planning. In 1990 I was President and COO of
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`the New Interfile Corporation, a document image management company.
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`- 5 - 
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`

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`11.
`
`I have considerable experience with charge coupled device (CCD) and
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`complementary metal oxide semiconductor (CMOS) image sensors through my
`
`work in 3D holographic memories, in which the image sensor is the output device.
`
`12. A detailed record of my professional qualifications is set forth in the
`
`attached Appendix A, which is my curriculum vitae, including a list of
`
`publications, awards, research grants, and professional activities.
`
`B.
`
`Previous testimony
`
`13. A list of my previous testimony by deposition and at trial is included
`
`in my curriculum vitae in Appendix A.
`
`C. Compensation
`
`14.
`
`I am being compensated for my time at a rate of $425 per hour. My
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`compensation does not depend upon the outcome of this proceeding.
`
`III. INFORMATION AND MATERIALS CONSIDERED
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`15.
`
`In connection with forming my opinions, I have considered the
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`following information and materials:
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`
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`
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`
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`
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`
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`The ’406 patent (Exhibit 1001)
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`Declaration of L. Richard Carley, Ph.D. (Exhibit 1002)
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`Kono (Exhibit 1006)
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`Ochiai (Exhibit 1009)
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`Koshimizu (Exhibit 1012)
`- 6 - 
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`

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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`Tsuboi (Exhibit 1015)
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`Takegawa (Exhibit 1017)
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`Nakamura (Exhibit 1018)
`
`Petition for inter partes review of the ’406 Patent (Paper 1)
`
`Institution decision (Paper 9)
`
`Transcript of the deposition of L. Richard Carley, Ph.D. (Exhibit
`
`2005)
`
`File history of the ’406 patent (Exhibit 2006)
`
`Konishi (Exhibit 2007)
`
`Kerschner (Exhibit 2008)
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`Horowitz and Hill (Exhibit 2009)
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`Sedra and Smith (Exhibit 2010)
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`Comprehensive Dictionary of Electrical Engineering (Exhibit 2011)
`
`IV. APPLICABLE LEGAL PRINCIPLES
`A. Claim construction
`
`16.
`
`I have been informed the first step of a validity analysis is to construe
`
`the claims. I understand the Board applies the “broadest reasonable interpretation”
`
`standard for claim construction. I understand this standard applies the broadest
`
`reasonable meaning of the words in their ordinary usage as they would be
`
`understood by one of ordinary skill in the art, taking into account whatever
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`- 7 - 
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`

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`enlightenment by way of definitions or otherwise that may be afforded by the
`
`intrinsic record. I further understand that, in post-issuance proceedings like this
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`IPR, the intrinsic record includes the written description contained in the
`
`applicant’s specification and the original prosecution history.
`
`17.
`
`I have been informed that, under 35 U.S.C. § 112, sixth paragraph,
`
`claim limitations written in “means-plus-function” format must be construed as
`
`follows: (1) the function specified in the claim, and the structure corresponding to
`
`the claimed function, must be identified, (2) to be corresponding structure, the
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`specification must clearly link the structure with performance of the claimed
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`function and the structure must actually be able to perform the claimed function,
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`and (3) once corresponding structure is identified, the claim limitation is construed
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`to cover the corresponding structure and equivalent structures.
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`B.
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`Perspective of a person of ordinary skill in the art at the time of the
`claimed invention
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`
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`
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`
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`18.
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`I have been informed that claim construction and patent validity is
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`generally analyzed from the perspective of a hypothetical person of ordinary skill
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`in the art of the invention.
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`19. A person of ordinary skill in the art as of 2002 would have had at least
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`a bachelor’s degree in electrical engineering and three to five years of experience
`
`related to analog and digital system or circuit design, or at least a master’s degree
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`- 8 - 
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`

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`in electrical engineering and one to two years of experience related to analog and
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`digital system or circuit design, or equivalent education and experience.
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`20.
`
`I have performed my analyses, and expressed my opinions, from the
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`perspective of the above described person of ordinary skill in the art at the time of
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`the invention.
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`21. The Carley declaration states that “a person of ordinary skill in the art
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`at the time of June 27, 2002, would have had either (i) a Bachelor’s degree with
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`two (2) years of experience in the design, testing, or analysis of data processing
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`circuitry including image processing circuitry, or (ii) a Master’s degree or higher in
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`fields related to data processing circuit design.” Exhibit 1002 ¶ 15. My opinions
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`remain the same under the perspective of a person of ordinary skill in the art as
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`stated in the Carley declaration.
`
`C. Anticipation
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`22.
`
`I have been informed that a patent claim is not novel (i.e., anticipated)
`
`if each and every element of the claim is found expressly or inherently in a single
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`prior art reference. In this analysis, each element of the invention must be arranged
`
`as dictated by the claim, but there is no requirement that the terminology of the
`
`prior art reference be identical to the terminology of the claim.
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`23.
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`I have been informed that to determine anticipation, a properly
`
`construed patent claim is compared to a prior art reference. It is my understanding
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`- 9 - 
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`that a patent claim is invalid for anticipation by a printed publication reference or a
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`patent reference if each and every element of the claimed invention is disclosed
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`either expressly or inherently in that reference. In other words, I understand there
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`must be no difference between the claimed invention and the disclosure in the
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`reference, as viewed by a person of ordinary skill in the field of the invention.
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`24.
`
`I also have been informed that to determine anticipation when a
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`reference is silent regarding an element of the claimed invention, it must be clear
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`that the missing element is necessarily present in the device or system described in
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`the reference.
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`25.
`
`I also understand that, in the context of assessing anticipation of
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`means-plus-function claims, the application of a prior art reference first requires
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`the prior art element perform the identical function specified in the claim. It is my
`
`understanding that, if a prior art reference teaches identity of function to that
`
`specified in the claim, the structure of the prior art element must be the same as or
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`equivalent to the structure descried in the specification that has been identified as
`
`corresponding to the claimed function. I have been informed that a factor
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`supporting a conclusion that the prior art element is an equivalent is whether the
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`element performs the identical function specified in the claim in substantially the
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`same way described in the specification to produce substantially the same result. I
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`understand that another factor supporting a conclusion that the prior art element is
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`- 10 - 
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`an equivalent is whether there are insubstantial difference between the prior art
`
`element and the corresponding element disclosed in the specification.
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`26.
`
`I have been informed that, in order to anticipate a dependent claim of
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`a patent, an item of prior art must disclose all of the limitations recited in the
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`dependent claim, as well as all of the limitations recited in the base claims from
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`which it depends, either directly or indirectly.
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`D. Obviousness
`
`27.
`
`I have been informed that that Section 103 of Title 35 of the United
`
`States Code governs the determination of obviousness. According to Section 103:
`
`A patent may not be obtained though the invention is not identically
`disclosed or described as set forth in section 102 of this title, 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.
`
`28.
`
`I also have been informed that the first three factors to be considered
`
`in an obviousness inquiry are: (a) the scope and content of the prior art; (b) the
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`differences between the prior art and the claims; and (c) the level of ordinary skill
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`in the pertinent art.
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`29.
`
`I also have been informed that a combination of claimed elements in a
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`patent claim is obvious when all of the claimed elements were known in the prior
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`- 11 - 
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`

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`art and there was a reason for person of ordinary skill to combine or modify the
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`prior art to obtain the elements as claimed with no change in their respective
`
`functions. Conversely, I am informed that a patent claim would not be obvious if a
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`proposed modification would render the prior art being applied unsuitable for its
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`intended purpose or if the proposed modification would change the principle of
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`operation of the prior art.
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`30.
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`I have been informed that, for a dependent claim to be obvious, the
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`combination of claimed elements in the dependent claim must be obvious in view
`
`of the prior art. Also, the combination of all of the limitations recited in the base
`
`claims from which the dependent claim depends, either directly or indirectly, must
`
`be obvious in view of the prior art.
`
`V. BACKGROUND OF THE ’406 PATENT
`
`31.
`
`I have been informed that the patent application from which the ’406
`
`patent issued was filed on June 27, 2002. In 2002, document scanning technology
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`for consumer computers was still relatively undeveloped. While high speed
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`scanners were available at that time, these scanners were generally large,
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`cumbersome, and expensive (some costing as much as $100,000).
`
`32. High speed, low cost document scanners for consumer computers
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`were generally not available in 2002. The ’406 patent paved the way for the
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`development and manufacturing of inexpensive, high speed, and high quality
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`- 12 - 
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`flatbed document scanners for consumer computers. These low-cost scanners are
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`ubiquitous today.
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`33. The background of the ’406 patent explains that then existing
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`document scanners generally included a main module fixed inside the casing of a
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`scanner and a moveable scanning module for scanning the document page placed
`
`on the glass plate. Exhibit 1001 col. 1, ll. 24–40; Fig. 1. However, then existing
`
`document scanners transmitted analog image signals from the scanning module to
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`the main module over a connection cable. Id. col. 1, ll. 40–49. In addition, then
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`existing document scanners generated timing control signals at the main module
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`and transmitted these signals over the connection cable to the scanning module. Id.
`
`col. 1, ll. 49–54. Some of the problems with such devices included distortion of
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`data transmitted over the connection cable due to electromagnetic interference
`
`(EMI), which becomes especially problematic at higher scanning speeds. Id. col 1,
`
`ll. 55–67. The simple architecture of then existing scanners illustrated in Figure 1
`
`of the ’406 patent was a serious limitation for obtaining higher scanning
`
`performance in low-range and mid-range scanners. Because of these shortcomings,
`
`then scanning performance of then existing scanners was limited.
`
`34. The ’406 patent provides an elegant solution to the problems
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`encountered by then existing scanners. The ’406 patent describes that the main
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`module converts a received scanning instruction to scan control signals and
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`- 13 - 
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`transmits the scan control signals across the connection cable to the scanning
`
`module. The scanning module, which performs document scanning, converts the
`
`received scan control signals to timing control signals that control document
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`scanning. During the scanning process, the scanning module converts analog
`
`image data captured by the optical sensor into digital image data and transmits
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`digital image data across the connection cable to the main module. Exhibit 1001
`
`col 2, ll. 1–51; col. 2, l. 64–col. 3, l. 1; Figure 2.
`
`35. The solution described in the ’406 patent minimizes signal distortion
`
`and maintains signals integrity because digital image data is transmitted over the
`
`connection cable and timing control signals are not transmitted over the connection
`
`cable. Id. col. 2, l. 64–col. 3, l. 5; col. 4, ll. 22–29. The novel and innovative
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`approach described in the ’406 patent enables high speed scanning to be performed
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`reliably and effectively. Id. col. 3. ll. 1–5; col. 4, ll. 22–29. In addition, the solution
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`of the ’406 patent is inexpensive to implement.
`
`VI. CLAIM CONSTRUCTION ADOPTED BY THE BOARD
`
`36.
`
`I understand that the Board has adopted the following claim
`
`constructions. I applied these constructions in my opinions set forth in Sections
`
`VIII and X of this Declaration.
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`
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`- 14 - 
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`

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`a. Non-means-plus-function terms
`
`Term
`scanning instruction
`
`timing controls signals
`
`scan control signals
`
`converting [X] into [Y] signals
`An optical sensor circuit module . . .
`capable of receiving the scan control
`signals and converting the scan control
`signals to timing control signals that
`control document scanning, extraction of
`an analog image signal . . . and conversion
`of the analog image signal into the digital
`image data
`b. Means-plus-function terms
`
`Construction
`interpreted in accordance with plain
`meaning
`interpreted in accordance with plain
`meaning
`interpreted in accordance with plain
`meaning
`generating Y signals from X
`“receiving,”
`“converting,”
`“extraction,” and “conversion” are all
`capabilities of
`the optical sensor
`circuit module, without the further
`requirement that the extraction and
`conversion be controlled by
`the
`timing control signals
`
`Term
`means for extracting an analog image
`signal captured in a document scanning
`operation from a document
`
`means for converting the analog image
`signal into a digital image data
`
`Construction
`Function: extracting an analog image
`signal captured
`in a document
`scanning operation from a document
`
`sensor circuit
`Structure: optical
`module 220 and optical sensor 240
`Function: converting
`the analog
`image signal into a digital image data
`
`Structure: analog/digital converter
`260
`Function: receiving the digital image
`data from said optical sensor circuit
`module
`
`Structure: main circuit module 210
`and main control logic unit 270
`timing control Function: generating timing control
`
`means for receiving the digital image data
`from said optical sensor circuit module
`
`means
`
`for generating
`
`- 15 - 
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`

`
`Term
`signals that control a generation of the
`analog image signal and a conversion of
`the analog image signal into the digital
`image data at the optical sensor circuit
`module
`
`means for receiving a scanning instruction
`from a communication interface
`
`scanning
`the
`for converting
`means
`instruction into scan control signals
`
`means for passing the scan control signals
`to said communication cable
`
`means for receiving the scan control
`signals at said optical sensor circuit
`module via the connection cable
`
`means for converting the scan control
`signals to timing control signals to control
`document scanning
`
`means for holding the digital image data at
`the main circuit module
`
`- 16 - 
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`Construction
`signals that control a generation of
`analog image signal and a conversion
`of the analog image signal into the
`digital image data
`
`Structure: timing signal generator
`265
`scanning
`a
`receiving
`Function:
`instruction from a communication
`interface
`
`Structure: main control logic unit 270
`Function: converting the scanning
`instruction into scan control signals
`
`Structure: main control logic unit 270
`and communication interface 285
`Function: passing the scan control
`signals to said communication cable
`
`Structure: main circuit module 210
`Function: receiving the scan control
`signals at said optical sensor circuit
`module via the connection cable
`
`Structure: optical
`module 220
`Function: converting the scan control
`signals to timing control signals to
`control document scanning
`
`Structure: optical
`module 220 and
`generator 265
`Function: holding the digital image
`data
`
`Structure: memory unit 280
`
`sensor circuit
`timing
`signal
`
`sensor circuit
`
`

`
`Term
`means for controlling the access of the
`digital image data at the main circuit
`module
`
`means for compensating and adjusting the
`digital image data at the main circuit
`module
`
`means for preprocessing the analog image
`signal at the optical sensor module
`
`Construction
`Function: controlling the access of
`the digital image data
`
`
`Structure: memory control logic unit
`275
`compensating
`Function:
`adjusting the digital image data
`
`Structure: main control logic unit 270
`Function: preprocessing the analog
`image signal
`
`Structure: analog front-end processor
`250
`pre-
`the
`converting
`Function:
`processed analog image signal into
`the digital image data
`
`Structure: analog/digital converter
`260
`VII. OPINIONS ON CLAIM CONSTRUCTION
`
`and
`
`means for converting the pre-processed
`analog image signal into the digital image
`data at the optical sensor circuit module
`
`37.
`
`I have been asked to opine on how a person of ordinary skill in the art
`
`would construe the claims applying broadest reasonable meaning of the words in
`
`their ordinary usage, taking into account whatever enlightenment by way of
`
`definitions or otherwise that may be afforded by the specification and the file
`
`history of the ’406 patent. My opinions on the broadest reasonable constructions
`
`are listed below. I applied these constructions in my opinions set forth in Sections
`
`IX and XI of this Declaration.
`
`- 17 - 
`
`

`
`a. converting scanning instruction into scan control signals
`
`38. The ’406 patent describes that a communication interface receives
`
`important scanning instructions, such as those regarding image resolution,
`
`brightness level, and scanning range, and converts the scanning instructions into
`
`scanning control signals. Exhibit 1001 col. 3, ll. 47–56. Consistent with the
`
`objective of enabling high speed scanning to be performed reliably and efficiently,
`
`the ’406 patent also describes that scanning control signals rather than timing
`
`control signals are transmitted across the flat cable connecting the main circuit
`
`module and the optical sensor circuit module. Id. col. 4, ll. 26–29; Figure 2. This
`
`minimizes the signal degradation due to EMI.
`
`39.
`
`In view of the ’406 patent disclosure and consistent with its
`
`objectives, it is my opinion that the claim term “converting the scanning instruction
`
`into scan control signals” means “converting the scanning instruction into scan
`
`control signals that do not include timing control signals.”
`
`b. converting scan control signals to timing control signals that
`control document scanning
`
`40. The ’406 patent illustrates in Figure 2, which is reproduced below,
`
`and describes that a timing signal generator that produces timing control signals is
`
`coupled to an optical sensor and an analog/digital converter. Id. col. 2 ll. 45–51;
`
`Figure 2. Timing controls signals control the scanning process, production of
`
`analog image data, and conversion of the analog image data into digital image data.
`- 18 - 
`
`

`
`Exhibit 1001 col. 2 ll. 45–51. Consistent with the objective of enabling high speed
`
`scanning to be performed reliably and efficiently, the ’406 patent describes that
`
`scanning control signals rather than timing control signals are transmitted across
`
`the flat cable. Id. col. 4, ll. 26–29.
`
`
`
`41.
`
`In view of the ’406 patent disclosure and consistent with its
`
`objectives, it is my opinion that the claim term “converting the scan control signals
`
`to timing control signals that control document scanning” means “converting the
`
`scan control signals that do not include timing control signals to timing control
`
`signals that control document scanning.” It is also my opinion that the claim term
`
`“converting the scan control signals to timing control signals to control document
`
`- 19 - 
`
`

`
`scanning” means “converting the scan control signals that do not include timing
`
`control signals to timing control signals to control document scanning.”
`
`c. generating timing control signals that control generation of analog
`image signal and conversion of the analog image signal into digital
`image data
`
`42. As explained above, the ’406 patent illustrates in Figure 2 and
`
`describes that the timing signal generator produces timing control signals that
`
`control the scanning process, production of analog image data, and conversion of
`
`the analog image data into digital image data. Exhibit 1001 col. 2 ll. 45–51; Figure
`
`2. The timing signal generator is positioned on the optical sensor circuit module.
`
`Exhibit 1001 Figure 2. Consistent with the objective of enabling high speed
`
`scanning to be performed reliably and efficiently, the ‘406 patent describes that
`
`scanning control signals rather than timing control signals are transmitted across
`
`the flat cable. Id. col. 4, ll. 26–29.
`
`43.
`
`In view of the ’406 patent disclosure and consistent with its
`
`objectives, it is my opinion that the claim term “generating timing control signals
`
`that control a generation of the analog image signal and a conversion of the analog
`
`image signal into the digital image data” means “generating, based on scan control
`
`signals that do not include timing control signals, timing control signals that
`
`control a generation of the analog image signal and a conversion of the analog
`
`image signal into the digital image data.” For the same reasons, it is also my
`
`- 20 - 
`
`

`
`opinion that the claim term “generating the timing control signals that control a
`
`generation of the analog image signal and a conversion of the analog image signal
`
`into the digital image data” means “generating, based on scan control signals that
`
`do not include timing control signals, the timing control signals that control a
`
`generation of the analog image signal and a conversion of the analog image signal
`
`into the digital image data.”
`
`VIII. OPINIONS ON LACK OF ANTICIPATION UNDER CLAIM
`CONSTRUCTION ADOPTED BY THE BOARD
`
`44. For the following reasons, it is my opinion that Tsuboi does not
`
`anticipate the claims of the ’406 patent under the claim construction adopted by the
`
`Board.
`
`B.
`
`Background of Tsuboi
`
`45. Tsuboi describes an image reading device 100 illustrated in Figure 1,
`
`which is reproduced below. The image reading device includes a contact glass 1
`
`for placing a document 3, an image processing circuit board 20 mounted to the
`
`device 100, and an image reading circuit board (or CCD circuit board) 30 mounted
`
`on a carriage 5 that moves “in the secondary scanning direction (the left–right
`
`direction in FIG. 1) in parallel to the contact glass 1.” Exhibit 1015 ¶¶ [0023];
`
`[0023]. The CCD circuit board 30, which includes a CCD 31 for converting image
`
`light into an image signal, is connected by a flexible cable 12 to the image
`
`- 21 - 
`
`

`
`processing circuit board 20. Exhibit 1015 ¶¶ [0018]; [0022]; [0025]. The image
`
`processing circuit board 20 performs processing on the image signal that is
`
`outputted by the CCD circuit board 30. Id. ¶ [0025].
`
` 
`
`46. Figure 2 of Tsuboi, which is reproduced below, is a block diagram
`
`that schematically illustrates the electric portion of the image reading device 100
`
`shown in Figure 1. Figure 2 illustrates the CCD circuit board 30 and its
`
`components memory 38, signal processing circuit 37 (labeled as “G/A”), CCD
`
`driver 32, CCD 31, and analog processing circuit 30AN that includes sample and
`
`hold circuit 33, signal amplifier 34, and analog-to-digital (A/D) converter 35. Id.
`
`¶¶ [0024]; [0033]. Figure 2 of Tsuboi also illustrates the image reading board 20.
`
`- 22 - 
`
`

`
`
`
`47. The description of Tsuboi emphasizes shading correction for
`
`improving image quality. Exhibit 1015 ¶¶ [0010]; [0014]; [0027]; [0030]; [0033];
`
`[0034]. As is described in Konishi, the need to compensate for shading arises due
`
`to the non-uniformity in the illumination of a document. Exhibit 2007 col. 1, ll.
`
`14–28. Shading correction involves achieving uniform brightness of the scanned
`
`document. Id. col. 1, ll. 14–28; col. 3, ll. 36-45. Tsuboi describes that due to the
`
`changes in the brightness of a light source that illuminates the document during
`
`scanning (e.g., due to heating), reference brightness data (shading data) that was
`
`previously captured through reading a reference white plate may become
`
`inaccurate. Exhibit 1015 ¶¶ [0005]; [0006]. Tsuboi describes ways to improve the
`
`- 23 - 
`
`

`
`shading correction by storing shading data directly in a memory of a CCD circuit
`
`board 30 and adjusting the gain of the amplifier. Exhibit 1015 ¶¶ [0017]; [0033].
`
`48. Tsuboi describes that its image reading device accomplishes the
`
`following objectives: 1) enabling a shared use of an image processing circuit board
`
`with an arbitrary CCD circuit board without any particular loss of image
`
`processing characteristics, 2) pr

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