Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper: 32
`Entered: August 10, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`K/S HIMPP,
`Petitioner,
`
`v.
`
`BENHOV GMBH, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00930
`Patent 8,170,884 B2
`____________
`
`
`
`Before BARBARA A. PARVIS, DANIEL N. FISHMAN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
`and
`DECISION DENYING PATENT OWNER’S MOTION TO EXCLUDE
`37 C.F.R. § 42.64
`
`
`
`
`
`Tel: 571-272-7822
`
`Paper: 32
`Entered: August 10, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`K/S HIMPP,
`Petitioner,
`
`v.
`
`BENHOV GMBH, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00930
`Patent 8,170,884 B2
`____________
`
`
`
`Before BARBARA A. PARVIS, DANIEL N. FISHMAN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
`and
`DECISION DENYING PATENT OWNER’S MOTION TO EXCLUDE
`37 C.F.R. § 42.64
`
`
`
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`INTRODUCTION
`I.
`K/S HIMPP (“Petitioner”), filed a Petition (Paper 2, “Pet.”) for inter
`partes review of claims 1–17 (the “challenged clams”) of U.S. Patent No.
`8,170,884 B2 (“the ’884 patent”) (Ex. 1001) pursuant to 35 U.S.C. §§ 311–
`319. Benhov GmbH, LLC (“Patent Owner”) filed a Patent Owner
`Preliminary Response (Paper 6, “Prelim. Resp.”). On August 14, 2017,
`based on the record before us at that time, we instituted an inter partes
`review of only claims 9–13 and 17 (denying review of claims 1–8 and 14–
`16). Paper 9 (“Decision” or “Dec.”), 40.
`Patent Owner filed a Patent Owner Response (Paper 12, “Response”
`or “PO Resp.”) and Petitioner filed a Reply (Paper 14, “Pet. Reply”).
`Petitioner relies on Declarations of Sayfe Kiaei, Ph.D. (Exs. 1003, 1017) and
`Patent Owner relies on a Declaration of David V. Anderson, Ph.D. (Ex.
`2003).
`Responsive to the Supreme Court’s decision in SAS Institute, Inc. v.
`Iancu, 138 S. Ct. 1348 (2018), we issued an Order modifying our Decision
`to institute review of all claims and all grounds. Paper 27 (“SAS Order”).
`In the SAS Order, we authorized additional briefing to address issues
`relating to claims 1–8 and 14–16. Petitioner filed an authorized
`Supplemental Reply (Paper 29, “Supp. Reply”), Patent Owner filed an
`authorized Supplemental Response (Paper 30, “Supp. Resp.”), and Petitioner
`filed an authorized Sur-Reply (Paper 31).
`Oral Argument was conducted on April 30, 2018 and a transcript of
`that hearing is of record. Paper 28 (“Tr.”).
`We have jurisdiction under 35 U.S.C. § 6. The Petitioner has the
`burden of proving unpatentability by a preponderance of the evidence. See
`
`
`
`2
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`35 U.S.C. § 316(e); see also 37 C.F.R. § 42.1(d). This Final Written
`Decision is issued pursuant to 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73.
`For the reasons expressed below, we conclude that Petitioner has
`shown by a preponderance of the evidence that claims 9–13 and 17 are
`unpatentable. Petitioner has not persuaded us by a preponderance of the
`evidence that claims 1–8 and 14–16 are unpatentable.
`
`
`
`The ’884 Patent
`A.
`According to the ’884 patent, high-end audio systems include
`multi-channel amplifiers coupled with multi-speaker systems. Ex. 1001,
`1:38–39. Such systems typically include a “center” channel and allow some
`limited capability to adjust the volume of the center channel independent of
`other channels. Id. at 1:40–43. Further according to the ’884 patent, many
`movies use the center channel for dialog (voice audio signals) and use the
`other channels for other sound effects. Id. at 1:43–44. The adjustment
`capability of high-end systems, though limited, allows a user to adjust the
`voice/dialog volume independent of the other audio (i.e., remaining audio
`signals) to make the dialog more intelligible relative to other, remaining
`audio such as loud sound effects. Id. at 1:45–47.
`The ’884 patent discloses the high cost of such high-end systems
`renders adjustment features inaccessible to many people. Id. at 1:49–57.
`Further, the ’884 patent discloses that an adjustment suitable for one listener
`could be unsuitable for other listeners in the same room. Id. at 1:58–64.
`The ’884 patent additionally discloses that a static adjustment of the center
`(dialog/voice) channel that is suitable for one portion of, for example, a
`
`
`
`3
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`movie may be unsuitable for a different portion of the movie. Id. at 1:65–
`2:5.
`
`The ’884 patent purports to resolve these problems by providing a
`voice to remaining audio (“VRA”) adjustment capability in a personal
`listening device (“PLD”) for each of multiple users that permits each user to
`independently adjust the voice audio signal independent of adjustments to
`the remaining audio signals. See id. at 2:64–3:4. According to the ’884
`patent, the invention discloses a system that allows each individual PLD user
`to adjust a received voice audio signal relative to received remaining audio
`signals. Id. at 8:27–43. Figures 1 and 2, reproduced below, depict an
`environment in which the invention is applied.
`
`Figure 1 depicts an exemplary system for generating the encoded
`audio signals comprising at least a voice audio signal and remaining audio
`signals. See id. at 6:65–7:3. Signal encoder 304 receives an audio input
`
`
`
`
`
`4
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`signal from microphone 301 (“voice signal”), receives background audio
`signals from microphone(s) 302 (“remaining audio”), and receives a video
`signal from camera 303. Id. at 7:4–34. The encoded voice audio,
`background audio, and video signals are broadcast through broadcasting
`system 305 and antenna 313 and/or recorded by recording system 306 on a
`storage medium for later playback by a listener. Id. at 7:35–42.
`
`
`
`Figure 2, above, depicts a device for playback (PLD) of the encoded
`audio and video signals received from broadcast via receiver 307 and/or
`retrieved from storage media 314 by tape heads or disk laser 308. Id. at
`7:43–49. The received/retrieved encoded signals are applied to decoder 309
`to decode the video, voice audio, and background audio signals. Id. at 50–
`54. The decoded background audio signal is applied to variable gain
`amplifier 310 that selectively adjusts the gain (i.e., amplitude/volume) of the
`decoded background audio signal. Id. at 7:50–59. In like manner, the
`decoded voice audio signal is applied to variable gain amplifier 311 that
`
`
`
`5
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`adjusts the gain of the decoded voice audio signal independent of any
`adjustments by amplifier 310. Id.
`The two adjusted signals are summed by a unity gain summing
`amplifier 132 [sic 312] to produce the final audio output.
`Alternatively, the two adjusted signals are summed by unity
`gain summing amplifier 312 and further adjusted by variable
`gain amplifier 315 to produce the final audio output.
`Id. at 7:60-64. Thus, the listener can adjust the voice audio signal relative
`to, and independent of, the background audio signal by varying the gain on
`amplifiers 310 and 311 and can adjust the overall gain of the sum of the two
`adjusted signals by varying the gain of amplifier 315. Id. at 7:64-8:4.
`Figure 4 of the ’884 patent, reproduced below, depicts exemplary
`details of one of multiple personal listening devices usable by multiple users
`to adjust the received audio signals without affecting adjustments by other
`users.
`
`
`
`6
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`
`
`Figure 4 above depicts an exemplary system 400 in which personal
`listening devices (PLDs) 220 are used to receive and decode signals from
`transceiver 221.1 Id. at 8:6–15. Transceiver 221 includes receiver 223 for
`receiving a broadcast or recorded signal 235 and includes transmitter 222 for
`transmitting voice component (audio signal) 239 and remaining audio
`component (signal) 240 to PLDs 220. See id. at 8:16–26. Received signal
`235 may be decoded into its constituent audio signal components by decoder
`processing within transceiver 221. See id. Each PLD 220 includes receiver
`231 to receive broadcast signals 239 and 240. Id. at 8:29–33. The received
`
`1 The ’884 patent erroneously refers to the transceiver using reference
`number 210. The context of Figure 4 and the other related descriptions
`make clear that the transceiver component is labeled with reference number
`221.
`
`
`
`7
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`signals (239 and 240) are applied to respective variable gain amplifiers (229
`and 230) to independently adjust the two received audio signals. See id. at
`33–39. The adjusted signals are then applied to adder 228 to sum (combine)
`the two adjusted audio signals. Id. at 8:39–40. The combined signal may be
`further adjusted by gain amplifier 227 before being applied to transducer 226
`to generate audible acoustic signal 232. Id. at 8:40–43.
`
`
`Related Matters
`B.
`Both parties assert there are no litigations or other post-grant
`proceedings related to the ’884 patent. Pet. 2; Paper 4, 2. Petitioner notes
`various related patents on the face of the ’884 patent but does not indicate
`any litigation or post-grant proceedings are pending with respect to those
`patents. Pet. 2.
`
`
`Illustrative Claims
`C.
`Claims 1, 9, and 17 are the only independent claims among the
`challenged claims, are reproduced below, and are exemplary of the
`invention:
`
`1. A personal listening device useful in a listening
`environment having a plurality of listeners, the personal
`listening device comprising:
`a receiver configured to receive a first audio signal and a
`second audio signal,
`the
`first audio signal
`including
`substantially a voice signal and the second audio signal
`including a remaining audio, the first audio signal being
`different than the second audio signal;
`an adjustment device configured to allow a listener to
`adjust the first audio signal and the second audio signal
`independent of each other; and
`
`
`
`8
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`a transducer configured to receive the adjusted first
`and/or second audio signals, combine the received first and
`second audio signals, and output an audible sound based on the
`combined first and second audio signals to the listener without
`interfering with other listeners in the listening environment.
`
`9. A broadcasting apparatus, comprising:
`a storage medium holding a first audio signal and a
`second audio signal corresponding to the first audio signal, the
`first audio signal including substantially a voice signal and the
`second audio signal including a remaining audio; and
`a transmitter configured to transmit the first and second
`audio signals to a plurality of receivers, wherein the first and/or
`second audio signals are configured to be independently
`adjusted at each of the plurality of receivers and subsequently
`combined to produce an audible sound.
`
`17. A personal listening device useful in a listening
`environment having a plurality of listeners, the personal
`listening device comprising:
`means for receiving a first audio signal and a second
`audio signal, the first audio signal including a voice signal and
`the second audio signal including a remaining audio, wherein
`the first audio signal is different than the second audio signal;
`means for adjusting the first audio signal and the second
`audio signal independent of each other by a listener; and
`means for receiving the adjusted first and/or second
`audio signals, combining the received first and second audio
`signals, and outputting an audible sound based on the combined
`first and second audio signals to the listener without interfering
`with other listeners in the listening environment.
`
`
`
`9
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`Wang2
`Wang and Fishman3
`Wang and Scofield4
`Wang and Eggers5
`Wang, Webb,6 and Obara7
`Wang and Marx8
`Wang, Marx, and Fishman
`Wang, Marx, and Scofield
`Wang, Marx, Webb, and Obara
`Wang, Walden,9 and Kim10
`
`
`
`Asserted Grounds
`D.
`The Petition sets forth the following asserted grounds of
`unpatentability:
`Ground
`References
`No.
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`
`Basis
`
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`
`Challenged
`Claims
`1, 2, and 5
`3
`4
`6 and 7
`8
`9, 10, and 13–15
`11
`12
`16
`17
`
`II. ANALYSIS
`Claim Construction
`A.
`As a step in our analysis, we first determine the meaning of the claim
`terms. In an inter partes review, a claim in an unexpired patent shall be
`given its broadest reasonable construction in light of the specification of the
`patent in which it appears. 37 C.F.R. § 42.100(b); Cuozzo Speed Techs.,
`LLC v. Lee, 136 S. Ct. 2131, 2144–46 (2016). Neither party indicates that
`
`
`2 U.S. Pat. No. 5,563,951 (“Wang”). Ex. 1004.
`3 U.S. Pat. No. 5,734,964 (“Fishman”). Ex. 1010.
`4 U.S. Pat. No. 5,661,812 (“Scofield”). Ex. 1011.
`5 U.S. Pat. No. 5,692,058 (“Eggers”). Ex. 1006.
`6 U.S. Pat. No. 3,350,643 (“Webb”). Ex. 1012.
`7 U.S. Pat. No. 5,867,581 (“Obara”). Ex. 1013.
`8 U.S. Pat. No. 5,734,731 (“Marx”). Ex. 1009.
`9 U.S. Pat. No. 5,130,665 (“Walden”). Ex. 1007.
`10 U.S. Pat. No. 5,764,775 (“Kim”). Ex. 1008.
`10
`
`
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`the challenged patent may expire within 18 months from the February 23,
`2017, entry of the Notice of Filing Date Accorded to Petition in this case.
`Indeed, Patent Owner asserts the parties agree the ’884 patent will expire
`March 6, 2019. Paper 8. Therefore, we apply the broadest reasonable
`construction standard to interpreting claims in the ’884 patent.
`Under the broadest reasonable construction standard, we give claim
`terms their ordinary and customary meaning, as would be understood by one
`of ordinary skill in the art in the context of the entire disclosure. In re
`Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). “[A] claim
`construction analysis must begin and remain centered on the claim language
`itself.” Innova/Pure Water, Inc. v. Safari Water Filtration Sys., Inc., 381
`F.3d 1111, 1116 (Fed. Cir. 2004). “Though understanding the claim
`language may be aided by the explanations contained in the written
`description, it is important not to import into a claim limitations that are not
`a part of the claim.” SuperGuide Corp. v. DirecTV Enters., Inc., 358 F.3d
`870, 875 (Fed. Cir. 2004). Only terms that are in controversy need to be
`construed and only to the extent necessary to resolve the controversy. See
`Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1361 (Fed. Cir. 2011);
`Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir.
`1999).
`Additionally, claim 17 includes multiple “means-plus-function”
`elements. Use of the word “means” in a claim gives rise to a rebuttable
`presumption that 35 U.S.C. § 112, sixth paragraph analysis applies to
`interpret the claim. Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1348
`(Fed. Cir. 2015). Construing a means-plus-function claim term is a two-step
`process, wherein we first identify the claimed function and then determine
`
`
`
`11
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`what structure, if any, disclosed in the specification corresponds to the
`claimed function. Id. at 1351; Med. Instrumentation & Diagnostics Corp. v.
`Elekta AB, 344 F.3d 1205, 1210 (Fed. Cir. 2003); Cardiac Pacemakers, Inc.
`v. St. Jude Med., Inc., 296 F.3d 1106, 1119 (Fed. Cir. 2002). Our Rules
`specifically require that a petition for inter partes review identify how each
`challenged claim is to be construed, including identification of the
`corresponding structure for means-plus-function limitations. In particular,
`“[w]here the claim to be construed contains a means-plus-function . . .
`limitation as permitted under 35 U.S.C. 112 [¶ 6], the construction of the
`claim must identify the specific portions of the specification that describe the
`structure, material, or acts corresponding to each claimed function.” 37
`C.F.R. § 42.104(b)(3). Moreover, “structure disclosed in the specification is
`‘corresponding’ structure only if the specification or prosecution history
`clearly links or associates that structure to the function recited in the claim.”
`Golight, Inc. v. Wal-Mart Stores, Inc., 355 F.3d 1327, 1334 (Fed. Cir. 2004);
`Cardiac Pacemakers, 296 F.3d at 1113.
`Petitioner proposes construction of a number of terms. Pet. 16–26.
`We address some of Petitioner’s proposed constructions in our Decision on
`Institution. Dec. 12–16. Patent Owner has adopted our constructions as
`discussed in the Decision on Institution. PO Resp. 9. We repeat below our
`construction of various terms.
`“Transducer”
`1.
`Claim 1 recites “a transducer configured to receive the adjusted first
`and/or second audio signals, combine the received first and second audio
`signals, and output an audible sound based on the combined first and second
`audio signals to the listener without interfering with other listeners in the
`
`
`
`12
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`listening environment.” Petitioner cites, but does not rely on, a dictionary
`definition of “transducer” as “[a]ny device or element which converts an
`input signal into an output signal of a different form,” the definition noting
`examples such as microphones and speakers. Pet. 19–20, n.2 (citing Ex.
`1005, 205311). Based on the recitation of claim 1, Petitioner argues the
`transducer as recited in claim 1 must perform three specific functions
`including receiving audio signals, combining the received signals, and
`transducing the combined signals. Pet. 19 (citing Ex. 1003 ¶ 53). Thus,
`Petitioner construes “transducer” to include “a component that combines at
`least two signals and a component that converts an electrical signal into an
`audible acoustic audio signal.” Id. at 21 (citing Ex. 1003 ¶ 54).
`As discussed in our Decision on Institution, we disagree with
`Petitioner’s proposed interpretation because it is inconsistent with the plain
`meaning of “transducer” as evidenced by the proffered dictionary definition
`and is inconsistent with the use of “transducer” in the ’884 patent
`Specification. Dec. 12–13. The ’884 patent Specification uses the noun
`“transducer” and the verb “transduce” consistent with the proffered
`dictionary definition. For example, the Abstract refers to “one or more
`transducers” separate from the adjustment devices and the combining
`device. Ex. 1001, Abstract. Further, transducer 226 in PLD 220 of Figure 4
`of the ’884 patent similarly depicts the transducer as separate from adder
`228 (combiner). Id. at Fig. 4, 8:39–43. The ’884 patent further refers to
`separate steps of adjusting, combining, and then transducing. Id. at 8:63–
`
`
`11 Petitioner is reminded that our rules require each paper filed as an Exhibit
`must have each page “uniquely numbered in sequence.” 37 C.F.R.
`§ 42.63(d)(2).
`
`
`
`13
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`9:2. Similarly, Figure 7 of the ’884 patent shows transducer 27 separate
`from mixer 26 and VRA adjust 25. Id. at Fig. 7, 10:12–26. Other figures
`and supporting text are similarly consistent with the plain meaning of
`“transducer” as supported by the noted dictionary definition. Moreover,
`Petitioner acknowledges that, outside of claim 1 itself to be construed, the
`’884 patent does not disclose any structure that supports an interpretation of
`“transducer” as an element that combines, within the transducer itself, all
`three functions of receiving adjusted signals, combining those signals, as
`well as the above-defined function of a transducer, outputting the combined
`signals. See Supp. Reply 4 (arguing “the ’884 patent does not disclose a
`single component that can perform each of these functions”). Nor do we
`discern such a structure.
`In view of the above discussion, we adopt the dictionary definition of
`“transducer” cited by Petitioner and, accordingly, interpret “transducer” to
`mean “any device or element which converts an input signal into an output
`signal of a different form.” Our interpretation is consistent with the plain
`meaning as the term is used in the ’884 patent Specification as discussed
`above.
`
`“Voice Signal”
`2.
`Petitioner argues “voice signal,” as recited in all independent claims,
`means “a signal that contains primarily speech or voice.” Pet. 17. Petitioner
`cites the ’884 patent Specification in support of this interpretation. Id. The
`’884 patent refers to “voice signals” as a “pure voice signal” (Ex. 1001,
`10:22), “speech or voice” (id. at 4:15), and “speech only or mostly speech”
`(id. at 8:46). We find Petitioner’s interpretation supported by the ’884
`
`
`
`14
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`patent and adopt Petitioner’s interpretation of “voice signal” to mean “a
`signal that contains primarily speech or voice.”
`3.
`“Remaining Audio”
`Petitioner argues “remaining audio,” as recited in all independent
`claims, means “audio containing primarily non-speech sounds.” Pet. 19.
`Petitioner cites several portions of the ’884 Specification in support of this
`interpretation. Id. at 18 (citing Ex. 1001, 4:12–18, 5:11–12, 5:30–39, 6:6,
`7:51–52, 7:65–66, 11:55–60). We are persuaded by, and adopt, Petitioner’s
`interpretation. Importantly, the ’884 patent refers to examples of “remaining
`audio” as including music, sound effects, and laughter and refers to these in
`a broader group of “other non-speech sounds.” Ex. 1001, 4:12–18. Thus,
`“remaining audio” can be any non-speech sounds including, by way of
`example, music, etc. We interpret “remaining audio” to mean “audio
`containing primarily non-speech sounds.”
`4.
`“Means for Receiving”
`Claim 17 recites “means for receiving a first audio signal and a second
`audio signal.” Petitioner identifies the function of this recited means as
`“receiving a first audio signal and a second audio signal” and identifies
`multiple structures in the ’884 patent Specification that provide this function,
`including a “receiver”—a well-known structure to those of ordinary skill in
`the art. Pet. 21–22 (citing Ex. 1001, 8:29–33, 9:58–61, 10:5–20, 10:42–44,
`15:41–46, 18:62–65, Figs. 4, 7, 8, 14); see also Ex. 1003 ¶¶ 55–57.
`We are persuaded by Petitioner’s arguments and adopt Petitioner’s
`proposed interpretation. The ’884 patent discloses, for example, “[t]he
`received signals [(first and second audio signals)] are received by PLD
`receiver 231 which may be for example, an infrared receiver, a wireless
`
`
`
`15
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`radio frequency receiver, or a multi-port audio input jack for a wired
`connection.” Ex. 1001, 8:29–33. We take notice that a receiver, such as the
`disclosed “wireless radio frequency receiver,” is a well-known structure to
`those of ordinary skill in the art. Accordingly, we find that the ’884 patent
`clearly links the disclosed receiver (e.g., a radio frequency receiver) with the
`identified function of the “means for receiving” (receiving the first and
`second audio signals). Therefore, we interpret the recited “means for
`receiving” to include the structure of a wireless radio frequency receiver that
`receives a first audio signal and a second audio signal.
`5.
`“Means for Adjusting”
`Claim 17 recites “means for adjusting the first audio signal and the
`second audio signal independent of each other by a listener.” Petitioner
`identifies the function of this recited means as “adjusting the first audio
`signal and the second audio signal independent of each other by a listener,”
`as the claim reads. Pet. 22–23. Petitioner identifies multiple structures that
`provide this function including “variable gain amplifiers.” Id. (citing Ex.
`1001, 7:54–59, 8:33–39, 10:55–11:16, Figs. 2, 4); see also Ex. 1003 ¶¶ 58–
`60.
`
`We agree that the structure includes, at least, a first variable gain
`amplifier that adjusts the first audio signal (e.g., Ex. 1001, Fig. 2 element
`311, Fig. 4 element 229) and a separate variable gain amplifier that adjusts
`the second audio signal (e.g., Ex. 1001, Fig. 2 element 310, Fig. 4 element
`230) independent of the first variable gain amplifier. Specifically, “[t]he
`background audio signal is sent to a separate variable gain amplifier 310,
`that the listener can adjust to his or her preference [and the] voice signal is
`sent to a variable gain amplifier 311, that can be adjusted by the listener to
`
`
`
`16
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`his or her particular needs.” Ex. 1001, 7:54–58. Thus, a user can adjust
`variable gain amplifiers 310 and 311 independent of one another to adjust
`independently the first and second audio signals, respectively.
`We find that the ’884 patent clearly links the disclosed variable gain
`amplifiers with the identified function and, accordingly, we interpret the
`recited “means for adjusting” to include the structure of a variable gain
`amplifier that adjusts the first audio and a variable gain amplifier that adjusts
`the second audio signal independent of the first audio signal.
`6. Means for Receiving, Combining, and Adjusting
`Claim 17 recites, “means for receiving the adjusted first and/or second
`audio signals, combining the received first and second audio signals, and
`outputting an audible sound based on the combined first and second audio
`signals to the listener without interfering with other listeners in the listening
`environment.” Petitioner identifies the function of this means to be
`“receiving the adjusted first and/or second audio signals, combining the
`received first and second audio signals, and outputting an audible sound
`based on the combined first and second audio signals to the listener without
`interfering with other listeners in the listening environment,” as recited in
`the claim. Pet. 23–26. Petitioner identifies multiple structures that perform
`the identified function, including “an adder/summer and a transducer.” Id. at
`24 (citing Ex. 1001, 8:39–43, 10:20–26, 11:16–21, Figs. 4, 7, 9); see also
`Ex. 1003 ¶¶ 61–63.
`We are persuaded by Petitioner’s argument. Figure 4 of the ’884
`patent shows adder 228 receiving adjusted audio signals from variable gain
`amplifiers 229 and 230, combining the received adjusted signals, and
`applying the combined audio signal to transducer 226 to convert that signal
`
`
`
`17
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`to an audio output. Ex. 1001, Fig. 4, 8:39–43. Therefore, we find that the
`’884 patent clearly links the disclosed adder/summer coupled to a transducer
`with the identified function of the “means for receiving . . . , combining . . . ,
`and outputting.” Accordingly, we interpret the recited “means for receiving
`. . . , combining . . . , and outputting” to include the structure of an adder that
`receives adjusted first and second audio signals, combines the signals by
`summing them, and outputs the combined signal by applying the signal to a
`transducer.
`
`Other Claim Terms
`7.
`We determine that it is unnecessary to construe expressly any other
`claim terms.
`
`
`B. Grounds 1–5 - Claims 1–8
`Petitioner argues claims 1, 2, and 5 are obvious over Wang alone, and
`argues claims 3, 4, 6, 7, and 8 are obvious over Wang in various
`combinations with other references.
`1. Wang (Ex. 1004)
`Wang discloses a personal communication system that allows for
`hands free communication without blocking the user’s ears. Ex. 1004, 2:17–
`20. Wang’s Figure 1, reproduced below, is a schematic diagram of an
`embodiment of Wang’s invention.
`
`
`
`18
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`
`
`Wang’s Figure 1, above, discloses garment based audio interface 10
`including garment member 12 worn on the upper torso of a user with neck
`opening 14 allowing the user’s neck to extend there through. Id. at 3:40–46.
`Interface 10 further includes audio output device 16 (e.g., speakers) for
`producing acoustic audio waves from audio signals applied thereto and
`audio input device 20 (e.g., microphones) for generating an audio signal
`from acoustic audio waves received by device 20. “Sound waves generated
`by the user speaking in a normal manner are converted into an audio signal
`by the audio input device 20 for transmission by the transmitter 24.” Id. at
`4:6–9. “Similarly, the audio output device 16 produces sound waves in
`response to a signal received by the receiver 22 for listening by the user.”
`Id. at 4:9–11.
`Where each person of a group of people uses a personal
`communication device, the system allows users to share their personal
`19
`
`
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`auditory surroundings with other users by each user transmitting their
`respective audio signals and receiving audio signals from other users. Id. at
`4:12–16. For example, user A may choose to shut off listening to his/her
`auditory space and listen to the auditory space of user B by receiving audio
`signals from user B. Id. at 4:22–24. In another example, user A can mix its
`auditory space with that of user B by selectively adjusting its perception of
`user B’s audio signals—i.e., by rotating, flipping, augmenting, or weakening
`user B’s signal relative to user A’s auditory space. Id. at 25–35.
`Audio input device 20 may be an array of microphones electronically
`controlled to change directional characteristics of the array to selectively
`capture sound sources in the 3D space around the user. Id. at 4:49–59. At
`least two microphones of the array of microphones are positioned near the
`ears of the user to receive acoustic waves (sounds) similar to those heard by
`the user of the device and others of the microphones may be distributed
`around the user’s neck to receive other sounds. Id. at 4:60–65.
`The transmitter may use well-known modulation techniques to
`multiplex multiple audio signals in a transmission. Id. at 7:16–22. Thus, a
`user may receive a signal that modulates multiple audio signals from a
`selective mix of multiple audio sources transmitted from another user and
`demodulates the received signal to reproduce the multiple audio sources at
`the receiving user’s personal communication device. Id. at 7:47–53.
`Wang’s Figure 3, reproduced below, is a block diagram providing additional
`details of an exemplary receiver of the disclosed personal communication
`device.
`
`
`
`20
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`
`Figure 3, above, depicts receiver 64 including demodulator 72 to
`extract each of one or more modulated audio signals from a signal received
`through antenna 70. Id. The one or more extracted audio signals are applied
`to audio mixer 74 that, under control of user interface 76, selectively mixes
`the received, demodulated audio sources for output to a transducer (not
`shown). Id. at 7:53–57. Examples of audio signals modulated over a
`transmitted signal include “audio from a telephone receiver, one or more
`sources of music, and audio from one or more other users having a like
`personal communications apparatus.” Id. at 8:12–14. User interface 76
`allows the user to selectively mix the received audio signals. Id. at 8:18–20.
`“For example, if the telephone rings while the user is listening to music,
`he/she can reduce the volume of the music and increase the volume of the
`receiver of the telephone using the user interface 76.” Id. at 8:20–23.
`
`
`
`21
`
`
`
`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`Ground 1 - Claims 1, 2, and 5 Obvious over Wang
`2.
`Claim 1 is directed to a personal listening device (PLD) comprising a
`receiver that receives a first and second audio signal, an adjustment device,
`that independently adjust the first and second audio signals, and a
`transducer. Petitioner maps the limitations of independent claim 1 to
`disclosures of Wang. Pet. 26–37. In particular, Petitioner identifies mixer
`74 of Wang as the recited adjustment device. Pet. 34–35. Claim 1
`specifically recites, “a transducer configured to receive the adjusted first
`and/or second audio signals, combine the received first and second audio
`signals, and output an audible sound based on the combined first and second
`audio signals to the listener without interfering with other listeners in the
`listening environment.”
`The Petition proposes a construction of “transducer” as a device that
`provides all the recited functionality (receiving adjusted signals, combining
`the adjusted signals, and generating an audible sound therefrom). Pet. 19–
`21. Based on that interpretation, Petitioner argues the recited transducer is
`taught in Wang as the combination of mixer 74 and speakers 42 and 44
`coupled thereto. Pet. 37 (“Accordingly, the audio mixer and speakers of
`Wang in combination (the claimed ‘transducer’) receive the adjusted first
`audio signal (the voice of the second user) and/or the second audio
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
