Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 9
`Entered: August 14, 2017
`
`
`
`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.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`

`

`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 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.”). We have authority to determine whether to institute a trial
`under 35 U.S.C. § 314, which provides that an inter partes review may be
`instituted only if “the information presented in the petition . . . shows that
`there is a reasonable likelihood that the petitioner would prevail with respect
`to at least 1 of the claims challenged in the petition.”
`Petitioner challenges the patentability of claims 1–17 of the ’884
`patent under 35 U.S.C. § 103. We are persuaded there is a reasonable
`likelihood that Petitioner would prevail in showing that claims 9–13 and 17
`are unpatentable. Pursuant to 35 U.S.C. § 314, we institute an inter partes
`review as to claims 9–13 and 17 of the ’884 patent.
`A.
`The ’884 Patent
`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
`
`
`
`2
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`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 such 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 a 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.
`
`
`
`3
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`
`
`Figure 1, above, 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 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.
`
`
`
`4
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`
`
`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. a 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
`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.
`
`
`
`5
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`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.
`
`Figure 4 above depicts an exemplary system 400 in which personal
`listening devices (PLDs) 220 are used to receive and decode signals from
`
`
`
`
`
`6
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`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
`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.
`B.
`Related Matters
`Both parties assert there are no litigations or 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.
`C.
`Illustrative Claims
`Claims 1, 9, and 17 are the only independent claims among the
`challenged claims, are reproduced below, and are exemplary of the
`invention:
`
`
`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
`
`
`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
`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
`8
`
`
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`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.
`D.
`Asserted Grounds
`The Petition sets forth the following asserted grounds of
`unpatentability:
`References
`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
`
`Petitioner also relies on the Declaration of Dr. Sayfe Kiaei (Ex. 1003).
`
`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.
`9
`
`Challenged Claims
`1, 2, and 5
`3
`4
`6 and 7
`8
`9, 10, and 13–15
`11
`12
`16
`17
`
`Basis
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`103(a)
`
`
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`II. ANALYSIS
`Claim Construction
`A.
`As a step in our analysis for determining whether to institute a review,
`we first determine the meaning of the claims for purposes of this Decision.
`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). Patent Owner asserts the ’884 patent will
`expire March 6, 2019. Paper 8. No party asserts that the challenged patent
`will expire within 18 months from the entry of the Notice of Filing Date
`Accorded to Petition, i.e., within 18 months from February 23, 2017.
`Therefore, we apply the broadest reasonable construction standard to
`interpreting claims in the ’884 patent.
`Under the broadest reasonable construction standard, claim terms are
`given 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, 1557 (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);
`
`
`
`10
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir.
`1999).
`Additionally, claim 17 includes multiple “means” 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 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.
`For purposes of this preliminary proceeding, Patent Owner has
`adopted Petitioner’s proposed constructions. Prelim. Resp. 9.
`
`
`
`11
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`“Transducer”
`1.
`Independent claim 1 recites, inter alia, a “transducer.” Petitioner cites
`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 providing examples such as microphones and speakers. Pet. 19
`(citing Ex. 1005, 205311). Petitioner argues claim 1 recites three functions
`that must be performed by the claimed “transducer” and, thus, 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).
`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. 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
`adjustment devices 229 and 230 (variable gain amplifiers) and separate from
`adder 228 (combiner). Id. at Fig. 4, 8:39–43. The patent further refers to
`separate steps of adjusting, combining, and then transducing. Id. at 8:63–
`9:2. Similarly, Figure 7 of the patent shows transducer 27 separate from
`mixer 26 and VRA adjust 25. Id. at Fig. 7, 10:12–26. Other figures and
`
`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),
`
`
`
`12
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`supporting text are similarly consistent with the plain meaning of
`“transducer” and we discern no disclosure in the ’884 patent that supports
`Petitioner’s interpretation that combines within a “transducer” the functions
`of receiving adjusted signals, combining those signals, and outputting the
`combined signals.
`In view of the above discussion, on this record, and for purposes of
`this Decision in this preliminary proceeding, we 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.
`2.
`“Voice Signal”
`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). Thus, on this record and for purposes of this Decision, we
`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 agree. Importantly, the ’884 patent refers
`to examples of “remaining audio” as including music, sound effects, and
`
`
`
`13
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`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. Thus, on this record and for
`purposes of this Decision, we adopt Petitioner’s interpretation of “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. (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).
`On this record and for purposes of this Decision, we find that the ’884
`patent clearly links the disclosed receiver with the identified function of the
`“means for receiving,” and, accordingly, we interpret the recited “means for
`receiving” to include the structure of a 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. 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). We agree that the
`
`
`
`14
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`structure includes, at least, a 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.
`On this record and for purposes of this Decision, we find that the ’884
`patent clearly links the disclosed variable gain amplifiers with the identified
`function of the “means for adjusting,” 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. 23–24. 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). We agree.
`Figure 4 of the ’884 patent shows adder 228 receiving adjusted audio signals
`from variable gain amplifiers 229 and 230, combining the received adjusted
`
`
`
`15
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`signals, and outputting an audio signal through transducer 226. Ex. 1001,
`Fig. 4, 8:39–43.
`On this record and for purposes of this Decision, 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,” and, 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.
`For the purposes of this Decision in this preliminary proceeding, we
`determine that it is unnecessary to construe any other claim terms.
`B.
`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.
`
`
`
`16
`
`

`

`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
`17
`
`
`
`

`

`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.
`
`
`
`18
`
`

`

`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 have 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.
`
`
`
`19
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`
`Claims 1, 2, and 5 Obvious over Wang
`2.
`Petitioner maps the limitations of independent claim 1 to disclosures
`of Wang. Pet. 26–37.
`a.
`First and Second Audio Signals Independently Adjusted
`Claim 1 recites, inter alia, “a receiver configured to receive a first
`audio signal and a second audio signal.” Petitioner identifies receiver 22 in
`Wang’s Figure 1 and receiver 64 in Figures 2 and 3 as disclosing the recited
`receiver. Id. at 29–31.
`Claim 1 further recites that the first audio signal includes substantially
`a voice signal and the second audio signal is a remaining signal different
`from the first audio signal. In addition, claim 1 recites that the first and
`second audio signals can be adjusted independently (by the claimed
`adjustment device). Petitioner argues the recited “first audio signal” is
`disclosed as a voice signal transmitted by a second user that is received by a
`first user—i.e., user A receives a signal that includes user B’s voice. Id. at
`31–32. Petitioner further argues the recited second audio signal is disclosed
`by Wang as the audio signals that surround the second user are picked up by
`the second user’s directional microphones and transmitted from user B to
`user A—i.e., user A receives a signal that includes user B’s surrounding
`sounds. Id. at 32.
`Regarding this feature of claim 1, Patent Owner argues Wang fails to
`disclose that the voice of user B (as received by user A) can be adjusted by
`user A independent of the surrounding environmental sounds of user B (as
`
`
`
`20
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`received by user A). Prelim. Resp. 15, 24.12 “Rather than this independent
`signal adjustment, the Petition admits that a combined voice and 3-D
`auditory space audio stream from a single audio source – a personal
`communications apparatus – is adjusted.” Id. at 15. Instead, Patent Owner
`argues that the audio received by user A from user B (i.e., the combination
`of voice and non-voice audio received from user B) is one type of audio
`source that may be mixed with other types of audio sources such as music,
`telephone, etc. Id. at 16–18. In other words, Patent Owner argues the voice
`of user B and the background sound of user B cannot be separated as
`received by user A to allow independent adjustment.
`On this record, we agree with Patent Owner that Wang does not
`expressly disclose that the voice signal received from user B can be
`independently adjusted relative to non-voice. However, under this asserted
`ground of obviousness, Petitioner also argues the ordinarily skilled artisan
`would have been motivated to modify Wang to permit independent
`
`12 Patent Owner’s Preliminary Response frequently refers to arguments
`presented in sections “VI(A) and VI(B).” Prelim. Resp. 24, 25, 28, 30, and
`32–36. There are no such sections in the Preliminary Response. We
`presume Patent Owner intended to refer to sections “VII(A) and VII(B)” on
`pages 13–24 of the Preliminary Response. All references to the earlier
`sections later in the Preliminary Response appear to be consistent with our
`presumption and, therefore, we deem the typographic error to be harmless to
`our analysis.
`
`Similarly, we note section VIII of the Preliminary Response on pages 24–30
`has multiple portions designated as subsections “A” and multiple portions
`designated as subsections “B.” Also, on page 33 of the Preliminary
`Response, Patent Owner refers to section “VII(D).” As above, we find no
`such subsection designation in section “VII” and, instead, presume Patent
`Owner intended to refer to subsection “VIII(D).” As above, we deem these
`further typographic errors to be harmless to our analysis.
`21
`
`
`
`

`

`IPR2017‐00930
`
`Patent 8,170,884 B2
`
`adjustment of a received voice signal from user B and a received non-voice
`(3-D auditory environment) signal from user B “so that the recipient of the
`signals can easily hear and distinguish the voice sounds from the
`environmental sounds.” Pet. 33.
`On the record before us, and for purposes of this preliminary
`Decision, we are persuaded by Petitioner’s argument that such a
`modification would have been suggested to the ordinarily skilled artisan.
`Wang clearly teaches that a user may mix or adjust signals selected from
`among a plurality of audio sources received by the user. Ex. 1004, 8:18–20
`(“The user interface 76 allows the user to selectively control the amplitude
`and the panning of each of the audio signals applied to the audio mixer
`74.”); id. at 4:28–35; see also Pet. 33 (“The user of the first personal
`listening apparatus may then selectively mix these audio signals received
`from the second personal listening device.”) (citing Ex. 1