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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`VOCALIFE LLC,
`Patent Owner.
`
`_____________________________
`
`Case No. IPR2022-00005
`U.S. Patent No. RE48,371
`_____________________________
`
`DECLARATION OF JEFFREY S. VIPPERMAN, PH.D.
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. RE48,371
`
`Page 1 of 106
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`GOOGLE EXHIBIT 1006
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`

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`
`
`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`
`Table of Contents
`
`
`
`Introduction ................................................................................................. 1
`I.
`Qualifications and Background .................................................................... 1
`II.
`A.
`Education ........................................................................................... 2
`B.
`Experience ......................................................................................... 2
`III. Materials Considered ................................................................................... 6
`IV. Legal Standards ........................................................................................... 7
`A.
`Claim Construction ............................................................................ 7
`B.
`Anticipation Under 35 U.S.C. § 102 .................................................. 8
`C.
`Obviousness Under 35 U.S.C. § 103 .................................................. 9
`D.
`Secondary Considerations of Non-Obviousness ................................11
`The ’371 Patent ...........................................................................................13
`V.
`A. Overview of the ’371 Patent .............................................................13
`B.
`Summary of the Prosecution History of the ’371 Patent ....................14
`VI. Person of Ordinary Skill in the Art..............................................................16
`VII. The Prior Art ...............................................................................................16
`A. Overview of Mao ..............................................................................16
`B.
`Overview of Jeong ............................................................................18
`C.
`Overview of Briere ...........................................................................20
`D. Overview of Van Trees .....................................................................21
`E.
`Overview of Buck .............................................................................22
`F.
`Overview of Yen ...............................................................................23
`G. Overview of Andrea ..........................................................................24
`
`ii
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`
`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`
`Jeong, Van Trees, and Mao (Ground 2A) or Jeong, Van Trees,
`Mao, and Briere (Ground 2B) Render Obvious Claims 22, 30, 38,
`
`VIII. Opinions on Unpatentability .......................................................................25
`A. Mao and Briere (Ground 1A) or Mao, Briere, and Van Trees
`(Ground 1B) Render Obvious Claims 22, 23, 30, 31, and 38-41 .......26
`1.
`Claim 22 .................................................................................27
`2.
`Claims 30 and 38 ....................................................................54
`3.
`Claims 23 and 31 ....................................................................56
`4.
`Claim 39 .................................................................................58
`5.
`Claims 40 and 41 ....................................................................59
`39, 40, and 41 ...................................................................................59
`1.
`Claim 22 .................................................................................59
`2.
`Claims 30 and 38 ....................................................................74
`3.
`Claim 39 .................................................................................74
`4.
`Claims 40 and 41 ....................................................................75
`Claims 22, 24-26, 28-30, 32-34, 36, and 38 ......................................75
`1.
`Claim 22 .................................................................................77
`2.
`Claims 30 and 38 ....................................................................83
`3.
`Claims 24 and 32 ....................................................................83
`4.
`Claims 25 and 33 ....................................................................88
`5.
`Claims 26 and 34 ....................................................................88
`6.
`Claim 28 .................................................................................93
`7.
`Claim 29 .................................................................................93
`
`B.
`
`C.
`
`Jeong, Van Trees, Mao, and Buck (Ground 3A) or Jeong, Van
`Trees, Mao, Buck, and Briere (Ground 3B) Render Obvious
`
`iii
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`

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`Jeong, Van Trees, Mao, and Yen (Ground 4A) or Jeong, Van
`Trees, Mao, Yen, and Briere (Ground 4B) Render Obvious Claims
`
`Claim 36 .................................................................................95
`8.
`D.
`27 and 35 ..........................................................................................96
`1.
`Claims 27 and 35 ....................................................................96
`E.
`Claim 37 ......................................................................................... 100
`1.
`Claim 37 ............................................................................... 100
`IX. Conclusion ................................................................................................ 102
`
`
`
`
`
`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`
`Jeong, Van Trees, Mao, and Andrea (Grounds 5A) or Jeong, Van
`Trees, Mao, Andrea, and Briere (Ground 5B) Render Obvious
`
`iv
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`
`I.
`
`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`
`INTRODUCTION
`I, Dr. Jeffrey Vipperman, submit this declaration to state my opinions
`1.
`
`on the matters described below.
`
`2.
`
`I have been retained by Petitioner, Google LLC (“Petitioner” or
`
`“Google”), as an independent expert in this proceeding before the United States
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`Patent and Trademark Office. Although I am being compensated at my usual and
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`customary rate of $400.00 per hour, no part of my compensation depends on the
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`outcome of this proceeding, and I have no other interest in this proceeding.
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`3.
`
`I understand that this proceeding involves U.S. Patent No. RE48,371
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`(“the ’371 patent”), and I have been asked to provide my opinions as to the
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`patentability of the claims of the ’371 patent.
`
`4.
`
`I have been asked to consider the validity of certain claims of the ’371
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`patent based on certain prior art references. I have also been asked to consider the
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`state of the art and prior art available as of September 24, 2010, which is the
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`earliest claimed priority date on the face of the ’371 patent. Based on the
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`combination of prior art references discussed in this declaration, it is my opinion
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`that claims 22-41 of the ’371 patent are invalid for the reasons provided below.
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`II. QUALIFICATIONS AND BACKGROUND
`I believe that I am well qualified to serve as a technical expert in this
`5.
`
`matter based upon my educational and work experience, which I summarize below.
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`I understand that my curriculum vitae, which includes a more detailed summary of
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`my background, experience, patents, and publications, is attached as Ex. 1007.
`
`A. Education
`I received my Ph.D. in Mechanical Engineering from Duke University
`6.
`
`in 1997. Previously, I obtained Master of Science and Bachelor of Science degrees
`
`in Mechanical Engineering from the Virginia Polytechnic Institute and State
`
`University (“Virginia Tech”) in 1992 and 1990, respectively. My thesis at Duke
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`was titled “Adaptive Piezoelectric Sensoriactuators for Multivariable Structural
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`Acoustic Control.” My thesis addressed the development of a hybrid analog/digital
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`circuit and adaptation method to permit piezoelectric transducers to be used
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`simultaneously as a sensor and an actuator. Doing so provides an array of truly
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`“co-located” sensor/actuator pairs with minimum phase such that stability of the
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`multichannel feedback system is greatly enhanced. These were demonstrated for
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`active structural acoustic control.
`
`B.
`7.
`
`Experience
`I am a Professor of Mechanical Engineering, BioEngineering, and
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`Communication Science and Disorders, and Vice Chair of the Mechanical
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`Engineering and Materials Science Department at the University of Pittsburgh. I
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`am also the Director and the founder of the Sound, Systems, and Structures
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`Laboratory at the University of Pittsburgh.
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`2
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`I first began research in acoustics and sound systems in 1989 as an
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`
`
`8.
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`undergraduate student. My masters research concerned adaptive feedforward
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`control of broadband structural vibration, and my Ph.D. research concerned the
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`development of arrays of self-sensing piezoelectric transducers that could be used
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`for active structural-acoustic control. I have also developed a number of algorithms
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`for active control of noise and vibration.
`
`9. My acoustics research has included a mix of theory, analytical and
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`numerical modeling, and measurement of acoustic and vibration systems, including
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`transducer and controls development, transducer modeling/fabrication/testing,
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`analog/digital signal processing, embedded systems, active and passive noise and
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`vibration control, development of various types of metamaterials (e.g., phononic
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`crystals, resonant lattices, layered media, and pentamode materials) for acoustical
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`filtering and cloaking, development of noise classifiers to discern types of military
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`noise or for incorporation into surgical devices as surgical aids, development of
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`thermoacoustic engines, refrigerators, and sensors (e.g., a wireless, “in-core”
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`thermoacoustic sensor that can measure temperature and neutron flux inside an
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`nuclear reactor). Additional topics of my research include developing structural
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`acoustic models (i.e., concerned with sound radiation from vibrating structures) of
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`sound transmission through finite cylinders, various methods of passive and active
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`control of noise, vibration, and structural-acoustic radiation (i.e., controlling sound
`
`3
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`radiation of a vibrating structure by introducing additional vibrations to make it an
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`inefficient radiator), hearing loss prevention, and modeling of ear response and
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`damage to the inner ear for impulsive and ultrasound sources. During the early
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`stages of the microelectromechanical systems (MEMS) revolution, I worked on
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`producing some of earliest silicon-on-insulator (MEMS) microphones through
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`semiconductor fabrication methods.
`
`10. As a professor, I have developed and taught undergraduate and
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`graduate courses on Acoustics, Vibrations, Dynamic Systems, Mechanical
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`Measurements, Signal Analysis, and Controls. These courses include significant
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`amounts of material on electronics, transducers (including loudspeakers),
`
`acoustics, and vibrations. In addition, I have taught short courses on acoustic
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`theory and measurement, and active control of sound and vibration.
`
`11.
`
`I also have a consulting business (Blue Ridge Consulting) and am
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`Vice President of Atlas Medtech, LLC, a University of Pittsburgh licensed startup
`
`company.
`
`12.
`
`I have worked as a Principal Investigator and Co-Principal
`
`Investigator on Department of Defense (“DoD”) projects that involve acoustic
`
`arrays. In one project, a microphone array and cross-correlation methods (time
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`difference of arrival or TDOA methods) were used to determine the bearing angle
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`for acoustic plane waves associated with various forms of military and natural
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`4
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`noise. Multiple arrays were used to triangulate the location of the noise sources. In
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`conjunction, we developed machine learning algorithms to classify the noise
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`source, which provided additional help for noise management programs around
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`U.S. military bases. A corporate partner commercialized the array and machine
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`learning algorithms into a product. In another project, I helped co-develop a
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`method for localizing sound using small arrays of unidirectional (e.g., “shot-gun”)
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`microphones. The methods worked in both the time and frequency domains.
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`Another military project funded by DoD involved the development of 2-D and 3-D
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`parametric arrays for steering ultrasound.
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`13. Some of my extracurricular activities include chairing an American
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`National Standards Institute (ANSI) Committee to revise the ANSI S1.1 Acoustical
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`Terminology Standard. I am also a Fellow in the American Society of Mechanical
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`Engineers (ASME) and a former Chair of the Noise Control and Acoustics
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`Division of ASME. I also chaired the Per Bruel Gold Medal in Acoustics Award
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`selection committee for ASME. I have organized nine conference sessions on
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`acoustics and was a Track Organizer (over multiple conference sessions) for nine
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`ASME conferences, as well as Technical Program Chair over all acoustics-related
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`conference sessions at the ASME International Mechanical Engineering Congress
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`and Exposition (IMECE) in 2009. I also participated on a National Research
`
`Council (National Academies) panel to evaluate the hearing loss prevention
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`5
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`component of the mining program for the National Institute for Occupational
`
`Safety and Health (NIOSH) research programs.
`
`14.
`
`I have published numerous technical papers, book chapters, reports,
`
`and the like related to acoustic sensors and acoustic signal processing.
`
`III. MATERIALS CONSIDERED
`In forming my opinions, I have reviewed the following documents:
`15.
`
`Ex. 1009
`
`Description
`Exhibit
`Ex. 1001 U.S. Patent No. RE48,371 (“the ’371 patent”)
`Ex. 1002 Prosecution History of the ’371 patent
`Ex. 1003 U.S. Patent No. 8,861,756 (“the ’756 patent”)
`Ex. 1004 Prosecution History of the ’756 patent
`Ex. 1005 Provisional Application No. 61/403,952 (“the ’952 provisional”)
`Ex. 1008 U.S. Patent Publication No. 2005/0047611 to Mao (“Mao”)
`S. Brière, et al., “Embedded and Integrated Audition for a Mobile
`Robot”, American Association for Artificial Intelligence
`Symposium, 2006 (“Briere”)
`Ex. 1010 Excerpts from “Optimum Array Processing”, Harry L. Van Trees,
`Wiley-Interscience, 1st Edition (“Van Trees”)
`Ex. 1011 Korean Patent Publication No. 10-2009-0037845 to Jeong (“Jeong”)
`Ex. 1012 U.S. Patent Publication No. 2008/0144848 to Buck et al. (“Buck”)
`Ex. 1013 U.S. Patent Publication No. 2009/0271187 to Yen et al. (“Yen”)
`Ex. 1014 U.S. Patent Publication No. 2009/0268931 to Andrea et al.
`(“Andrea”)
`G. Lathoud, et al., “Segmenting Multiple Concurrent Speakers
`Using Microphone Arrays”, 8th European Conference on Speech
`Communication and Technology, Geneva, Switzerland, September
`1-4, 2003 (“Lathoud”)
`
`Ex. 1015
`
`6
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`
`Ex. 1016
`
`Barry D. Van Veen and Kevin M. Buckley, “Beamforming: A
`Versatile Approach to Spatial Filtering”, IEEE ASSP Magazine,
`April 1988 (Van Veen).
`Ex. 1017 Prosecution History of U.S. Patent No. RE47,049
`
`
`IV. LEGAL STANDARDS
`In forming my opinions and considering the subject matter of the ’371
`16.
`
`patent and its claims in light of the prior art, I am relying on certain legal principles
`
`that counsel in this case explained to me. My understanding of these concepts is
`
`summarized below.
`
`17.
`
`I understand that the claims define the invention. I also understand
`
`that an unpatentability analysis is a two-step process. First, the claims of the patent
`
`are construed to determine their meaning and scope. Second, after the claims are
`
`construed, the content of the prior art is compared to the construed claims.
`
`18.
`
`I understand that a claimed invention is only patentable when it is
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`new, useful, and non-obvious in light of the “prior art.” That is, the invention, as
`
`defined by the claims of the patent, must not be anticipated by or rendered obvious
`
`by the prior art.
`
`A. Claim Construction
`I understand that the United States Patent and Trademark Office
`19.
`
`interprets claim terms in an inter partes review proceeding under the same claim
`
`construction standard that is used in a United States federal court. I understand that
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`under this standard, the meaning of claim terms is considered from the viewpoint
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`of one of ordinary skill in the art at the time of the alleged invention.
`
`20.
`
`I have been informed that claim terms are generally given their
`
`ordinary and customary meaning as understood by one of ordinary skill in the art
`
`in light of the specification and the prosecution history pertaining to the patent. I
`
`understand, however, that claim terms are generally not limited by the
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`embodiments described in the specification.
`
`21.
`
`I understand that in addition to the claims, specification, and
`
`prosecution history, other evidence may be considered to ascertain the meaning of
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`claim terms, including textbooks, encyclopedias, articles, and dictionaries. I have
`
`been informed that this other evidence is often less significant and less reliable
`
`than the claims, specification, and prosecution history.
`
`B. Anticipation Under 35 U.S.C. § 102
`I understand that a patent claim is invalid as anticipated if a single
`22.
`
`piece of prior art teaches every element of the claims, viewed from the perspective
`
`of a person of ordinary skill in the art. I also understand that an anticipatory
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`reference does not have to recite word for word what is in the anticipated claims.
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`Anticipation can also occur when a claimed limitation is inherent in the relevant
`
`reference. I have been advised that if the prior art necessarily functions in
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`accordance with, or includes, the claimed limitations, it can anticipate even though
`
`the limitation is not expressly disclosed.
`
`C. Obviousness Under 35 U.S.C. § 103
`I understand that a patent claim is invalid as obvious if the claimed
`23.
`
`invention would have been obvious to a person of ordinary skill in the art at the
`
`time the claimed invention was made. This means that even if all of the elements
`
`of the claim cannot be found in a single prior art reference that would anticipate the
`
`claim, a person of ordinary skill in the field who knew about all the prior art would
`
`have come up with the claimed invention. I understand that in an obviousness
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`determination, the person of ordinary skill in the art is presumed to have
`
`knowledge of all material prior art. I understand that whether a claim is obvious is
`
`based upon the determination of several factual issues.
`
`24.
`
`In considering obviousness, I understand that one must determine the
`
`scope and content of the prior art. I understand that, in order to be considered as
`
`prior art to a patent being considered, a prior art reference must be reasonably
`
`related to the claimed invention of that patent. A reference is reasonably related if
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`it is in the same field as the claimed invention or is from another field to which a
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`person of ordinary skill in the art would look to solve a known problem.
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`25.
`
`I understand that one must determine what differences, if any, existed
`
`between the claimed invention and the prior art.
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`I understand that a patent claim composed of several elements is not
`
`
`
`26.
`
`proved obvious merely by demonstrating that each of its elements was
`
`independently known in the prior art. In evaluating whether such a claim would
`
`have been obvious, one may consider whether a reason has been identified that
`
`would have prompted a person of ordinary skill in the art to combine the elements
`
`or concepts from the prior art in the same way as in the claimed invention. There is
`
`no single way to define the line between true inventiveness on the one hand (which
`
`is patentable) and the application of common sense and ordinary skill to solve a
`
`problem on the other hand (which is not patentable). For example, market forces or
`
`other design incentives may be what produced a change, rather than true
`
`inventiveness.
`
`27.
`
`I understand that one may consider whether (1) the change was
`
`merely the predictable result of using prior art elements according to their known
`
`functions, or whether it was the result of true inventiveness; (2) there is some
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`teaching or suggestion in the prior art to make the modification or combination of
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`elements claimed in the patent; (3) the innovation applies a known technique that
`
`had been used to improve a similar device or method in a similar way; (4) the
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`claimed invention would have been obvious to try, meaning that the claimed
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`innovation was one of a relatively small number of possible approaches to the
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`problem with a reasonable expectation of success by those skilled in the art; (5) the
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`invention merely substituted one known element for another known element in
`
`order to obtain predictable results; (6) the invention merely applies a known
`
`technique to a known device, method, or product to yield predictable results, or (7)
`
`known work in the field may have prompted variations of use of the same
`
`inventions in the same or different fields due to market forces or design incentives
`
`that would have been predictable to a person of ordinary skill in the art.
`
`28.
`
`I understand that one must be careful not to determine obviousness
`
`using the benefit of hindsight; many true inventions might seem obvious after the
`
`fact. I understand that the determination should be based on the position of a
`
`person of ordinary skill in the field at the time the claimed invention was made and
`
`should not consider what is known today or what is learned from the teaching of
`
`the patent.
`
`D.
`29.
`
`Secondary Considerations of Non-Obviousness
`I understand that certain secondary considerations may be considered
`
`in evaluating obviousness in order to prevent hindsight bias. These secondary
`
`considerations include commercial success of products that practice the patent,
`
`long-felt need for the patented technology, failure by others to solve the problem
`
`addressed by the patent, initial skepticism by others in the industry, industry
`
`recognition and praise of the patented products, and efforts by others to copy the
`
`patented technology.
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`I have been informed that these secondary considerations of non-
`
`
`
`30.
`
`obviousness must be balanced against the strength of the prima facie case of
`
`obviousness. Where the invention represents no more than the predictable use of
`
`prior art elements according to their established functions, secondary
`
`considerations are inadequate to establish non-obviousness.
`
`31.
`
`I have also been informed that the patentee must establish a nexus
`
`between any secondary consideration factors and the claimed invention. Where a
`
`secondary consideration factor results from something other than what is both
`
`claimed and novel in the patent, there is no nexus to the merits of the claimed
`
`invention.
`
`32.
`
`I have been informed that, for example, the nexus requirement as it
`
`applies to the evidence of commercial success requires that the patentee must show
`
`that the sales of a product that allegedly practices the claimed invention must be a
`
`direct result of the unique characteristics of the claimed invention, as opposed to
`
`other economic and commercial factors that are unrelated to the patented
`
`invention. I understand that this means if the commercial success is due to an
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`element that existed in the prior art or that is not claimed by the patent, then no
`
`nexus exists.
`
`33.
`
`I have been further informed that, for example, the nexus requirement
`
`as it applies to the long-felt need element must likewise be supported by evidence.
`
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`U.S. Patent No. RE48,371
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`Where the differences between the prior art and the claimed invention are minimal,
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`it cannot be said that any long-felt need was met by the patented invention or that
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`the patent solved any technological problems that were unaddressed by others.
`
`34.
`
`I have been informed that evidence of industry praise must also show
`
`a nexus with the claimed invention, and that self-serving statements by the patentee
`
`regarding the merits of the claimed invention are generally not given weight.
`
`V. THE ’371 PATENT
`A. Overview of the ’371 Patent
`35. The ’371 patent describes methods and systems “for enhancing a
`
`target sound signal,” such as a person’s speech, “from multiple sound signals,”
`
`such as from other sound sources or from ambient noise. Ex. 1001, Abstract, 2:5-
`
`29. As shown below in FIG. 2, the system includes four components: (1) an array
`
`of microphones to receive sound signals; a “sound source localization unit” that
`
`estimates the location of the source of a target sound signal from the received
`
`sound signals; “an adaptive beamforming unit” that steers a directivity pattern of
`
`the microphone array toward the estimated location; and a “noise reduction unit”
`
`that suppresses ambient noise. Id., Abstract. The claims also require a fifth
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`component—an echo cancellation unit, which is not shown in FIG. 2 and only
`
`described briefly in the specification.
`
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`
`Ex. 1001, FIG. 2 (annotated).
`
`
`
`36. As I explain below, the prior art taught using this combination of
`
`components to achieve precisely the objective of the ’371 patent long before its
`
`earliest priority date of September 24, 2010. The prior art discussed below
`
`demonstrates that all of the limitations claimed in the ’371 patent were known to a
`
`person of ordinary skill in the art at that time. For example, the primary references
`
`discussed below, Mao and Jeong, disclose all the above-mentioned components, as
`
`do many other references discussed herein. Moreover, the prior art expressly taught
`
`how to incorporate these components together to achieve the stated objectives of
`
`the ’371 patent.
`
`B.
`37.
`
`Summary of the Prosecution History of the ’371 Patent
`I have reviewed the prosecution history of the application that led to
`
`the ’371 patent. Ex. 1002. I understand that the ’371 patent is one of two reissue
`
`patents of U.S. Patent No. 8,861,756 (the “’756 patent”). During prosecution of the
`
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`’756 patent, the examiner rejected the claims, finding that the prior art disclosed
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`the four components: a microphone array, a sound source localization unit, an
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`adaptive beamforming unit, and a noise reduction unit. Ex. 1004, 127-131. In
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`response, the applicant added details regarding the calculation for “determining a
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`time delay” (the well-known TDOA discussed above), Ex. 1004, 143-159, and the
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`examiner allowed the claims. Ex. 1004, 174-175.
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`38.
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`In the first reissue application, in response to another prior art
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`rejection, the applicant further amended the claims to require that the sound source
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`localization unit, adaptive beamforming unit, and noise reduction unit are
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`integrated in a digital signal processor (DSP). Ex. 1017, 203-236. The examiner
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`subsequently allowed the reissued claims, which were issued in U.S. Patent No.
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`47,049. Ex. 1017, 312-318.
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`39.
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`In the reissue application that led to the ’371 patent, the applicant
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`presented new claims that further required an “echo cancellation unit” that is
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`implemented in the DSP along with the other units. Ex. 1002, 153-161. The
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`examiner allowed the claims after the applicant argued that the prior art did not
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`disclose a sound source localization unit configured as required by the claims. Ex.
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`1002, Ex. 1002, 1145-1149. The echo cancellation unit did not form the basis for
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`allowance. Id.
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`VI. PERSON OF ORDINARY SKILL IN THE ART
`I am informed that patentability must be analyzed from the
`40.
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`perspective of “one of ordinary skill in the art” in the same field as the patent-in-
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`suit at the time of the invention. I am also informed that several factors are
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`considered in assessing the level of ordinary skill in the art, including (1) the types
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`of problems encountered in the art; (2) the prior art solutions to those problems;
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`(3) the rapidity with which innovations are made; (4) the sophistication of the
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`technology; and (5) the education level of active workers in the field.
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`41.
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`In my opinion, a person of ordinary skill in the art pertinent to the
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`’371 patent as of its earliest priority date would have had a bachelor’s degree in
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`physics, mechanical engineering, electrical engineering, acoustics, or audio
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`engineering (or equivalent experience), and three years of experience designing or
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`implementing acoustic systems. However, in my opinion, lack of professional
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`experience could be remedied by additional education. Likewise, lack of education
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`could be remedied by additional professional experience. I meet this definition of
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`one of ordinary skill in the art now and at the priority date of the ’371 patent.
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`VII. THE PRIOR ART
`A. Overview of Mao
`42. Like the ’371 patent, Mao discloses a method “for reducing noise
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`associated with an audio signal received through a microphone sensor array.” Ex.
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`1008, Abstract. As shown in annotated FIG. 6 below, Mao discloses a microphone
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`array framework in which audio signal 166 including noise and a source signal “is
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`received through a microphone sensor array,” (Ex. 1008, ¶48), and then processed
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`“through AEC module 168” for echo cancellation. Signals Z1-Zn corresponding to
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`the number of microphone sensors are then “delivered to filter-and-sum module
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`162” to “perform the adaptive beam-forming,” (Ex. 1008, ¶48), and are “delivered
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`to blocking filter 164” to “perform reverse beam-forming where the target signal is
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`viewed as noise.” Ex. 1008, ¶49. An adaptive noise cancellation block 180 further
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`“enhances the desired source signal.” Ex. 1008, ¶49.
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`Ex. 1008, FIG. 6 (annotated).
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
`43. Mao further discloses that its “adaptive beam-forming” is a “two-part
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`
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`process.” Ex. 1008, ¶45. In the first part, the system determines the TDOA for the
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`microphone sensor array. As shown in annotated FIG. 4 below, Mao discloses that
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`“the time-delay for the wave to travel a distance of d between two adjacent sensors
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`is given by dmcos θ.” Ex. 1008, ¶45, 57. In the second part, the determined time-
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`delay is used “in tracking [the] source signal.” Ex. 1008, ¶¶47, 57.
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`Ex. 1008, FIG. 4 (annotated).
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`
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`B. Overview of Jeong
`44. Like the ’371 patent, Jeong discloses a method and an apparatus “for
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`extracting a target sound source signal from a mixed signal.” Ex. 1011, Abstract.
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`As shown in annotated FIG. 2B below, Jeong’s apparatus includes a microphone
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`array (210) that “acquires, in the form of a mixed signal, sound source signals
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`emitted from a plurality of sound sources,” (Ex. 1011, ¶22), a sound source
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`Declaration of Dr. Jeffrey Vipperman
`U.S. Patent No. RE48,371
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`searching unit (223) that “searches for the location of the target sound source
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`around the target microphone array (210) using various alg