`
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`
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Case No. 6:21-cv-00985-ADA
`
`
`
`
`v.
`
`
`
`JAWBONE INNOVATIONS, LLC,
`
`
`
`
`
`GOOGLE LLC,
`
`
`
`
`
`
`
`
`Plaintiff,
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`Defendant.
`
`
`
`DEFENDANT GOOGLE LLC’S PRELIMINARY INVALIDITY CONTENTIONS
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`Pursuant to the Local Patent Rules and the Court’s Scheduling Order, Defendant Google
`
`LLC (“Google” or “Defendant”) respectfully submits these preliminary invalidity contentions with
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`respect to the asserted claims of U.S. Patent Nos. 8,019,091 (the “’091 Patent”); 8,280,072 (the
`
`“’072 Patent”); 7,246,058 (the “’058 Patent”); 10,779,080 (the “’080 Patent”); 11,122,357 (the
`
`“’357 Patent”); 8,467,543 (the “’543 Patent”); 8,503,691 (the “’691 Patent”); 8,321,213 (“the ’213
`
`Patent); and 8,326,611 (the “’611 Patent”) (collectively, the “Asserted Patents”) identified by
`
`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) in its Infringement Contentions.
`
`The currently Asserted Claims, as reflected in Plaintiff’s Infringement Contentions, are:
`
`(cid:129) Claims 1-18 of the ’091 Patent;
`
`(cid:129) Claims 1-4 of the ’058 Patent;
`
`(cid:129) Claims 1-9 of the ’072 Patent;
`
`(cid:129) Claims 1-20 of the ’080 Patent;
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`(cid:129) Claims 1-20 of the ’357 Patent;
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`(cid:129) Claims 1, 3, 6-13, 19-23, and 26 of the ’543 Patent;
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`GOOGLE’S PRELIMINARY INVALIDITY CONTENTIONS
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`(cid:129) Claims 1-46 of the ’691 Patent;
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`(cid:129) Claims 1-42 of the ’213 Patent; and
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`(cid:129) Claims 1-44 of the ’611 Patent.
`
`As detailed further below, the Asserted Patents are anticipated by, or obvious in view of,
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`one more of the prior art references being produced concurrently pursuant to 35 U.S.C. § 102
`
`and/or § 103, as well as invalid under 35 U.S.C. §§ 101 and 112.
`
`I.
`
`PRELIMINARY STATEMENT
`
`These invalidity contentions and eligibility contentions are based on Google’s current
`
`knowledge, understanding, and belief of the Asserted Patents and prior art, of Plaintiff’s
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`infringement theories (inasmuch as they can be inferred from its Infringement Contentions), and
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`of the facts and other information available as of the date of these invalidity contentions. Google’s
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`investigation, discovery, and analysis of information related to this action is ongoing. Additional
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`discovery, elucidation of Plaintiff’s impermissibly vague infringement contentions, and/or orders
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`of the Court may require Google to amend or supplement these invalidity contentions and
`
`eligibility contentions, and Google expressly reserves the right to do so as the case proceeds. These
`
`contentions represent Google’s good-faith effort to provide a comprehensive identification of prior
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`art relevant to this case, but Google reserves the right to modify or supplement their prior art list
`
`and invalidity contentions and eligibility contentions at a later time with, or based upon, pertinent
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`information that may be subsequently discovered.
`
`A.
`
`No Waiver
`
`Nothing in these invalidity contentions and eligibility contentions is intended, nor should
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`be construed, as a waiver of any noninfringement position or argument under 35 U.S.C. §§ 101 or
`
`112. Google’s statements herein (including the accompanying claim charts) reflect Google’s
`
`present understanding of the purported scope of the claims as alleged by Plaintiff in its
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`Infringement Contentions (as best those contentions can be understood in light of their present
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`deficiencies).
`
`The patent claims have yet to be construed. As a result, Google has based these invalidity
`
`contentions and eligibility contentions upon its knowledge and understanding of the potential
`
`scope of the Asserted Claims at this time, and, in part, upon the apparent interpretations of the
`
`Asserted Claims advanced by Plaintiff in its Infringement Contentions. Google may disagree with
`
`Plaintiff’s interpretation of the meaning of many terms and phrases in the Asserted Claims. Google
`
`has provided these invalidity contentions and eligibility contentions based in part on their present
`
`understanding of Plaintiff’s apparent constructions and interpretations of the Asserted Claims.
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`These invalidity contentions and eligibility contentions do not represent Google’s agreement or
`
`view as to the proper interpretation of any claim term contained therein. Any similarity between
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`any apparent claim interpretation in any of Google’s charts of prior art reference and Plaintiff’s
`
`contentions is not an admission or agreement with Plaintiff about the meaning of any claim term,
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`but rather a reflection of the fact that the subject matter Plaintiff believes is claimed is present in
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`the prior art, or that the claims are otherwise invalid. These invalidity contentions and eligibility
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`contentions are made in the alternative, and should not be interpreted to rely upon, or in any way
`
`affect, the non-infringement arguments Google may assert in this case. Google reserves the right
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`to amend, supplement, or materially modify its invalidity contentions and eligibility contentions
`
`as the case proceeds. Google also reserves the right to amend, supplement, or materially modify
`
`its invalidity contentions and eligibility contentions based on any infringement and/or additional
`
`claim construction positions that Plaintiff may take in this case.
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`Google also reserves the right to amend, supplement, or materially modify its invalidity
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`contentions and eligibility contentions in response to any claim construction or interpretation
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`positions that Plaintiff may take. Google also reserves the right to assert that a claim is indefinite,
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`not enabled, or fails to meet the written description requirement of 35 U.S.C. § 112 based on any
`
`claim construction or interpretation position Plaintiff may take in this case or based on any claim
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`construction the Court may further adopt in this case.
`
`B.
`
`No Admission
`
`Nothing disclosed herein is an admission or acknowledgement that any product accused of
`
`infringement by Plaintiff in its Infringement Contentions (the “Accused Products”), or any of
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`Google’s other products or services, infringes any of the Asserted Claims.
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`Google further notes that Plaintiff appears to rely upon overly broad interpretations of the
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`Asserted Claims. At the same time, Plaintiff’s Infringement Contentions are in most places too
`
`general and vague to discern Plaintiff’s infringement theories and how exactly Plaintiff contends
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`each Accused Product meets or practices each element of the Asserted Claims. As a result, Google
`
`has been prejudiced in its ability to prepare these invalidity contentions and eligibility contentions.
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`In addition, Plaintiff’s Infringement Contentions, in many cases, continue to fail to put Google on
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`notice of Plaintiff’s interpretation of the Asserted Claims, further prejudicing Google’s ability to
`
`identify relevant prior art. In addition, Plaintiff has identified theories of infringement under the
`
`doctrine of equivalents for only claim 6 of the ’091 Patent, claim 14 of the ’213 Patent, and claim
`
`1 of the ’611 Patent. Google has relied on Plaintiff’s apparent representation that it has no doctrine
`
`of equivalents theories for any other claims in preparing these invalidity contentions and eligibility
`
`contentions, and any attempt by Plaintiff to present an untimely doctrine of equivalents argument
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`would be severely prejudicial to Google. To the extent that Plaintiff is later permitted by the Court
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`to amend its contentions to cure the deficiencies of its current contentions or to pursue any
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`currently undisclosed doctrine of equivalents theories, Google expressly reserves the right to
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`supplement or amend these invalidity contentions to account for such amendments.
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`To the extent that any of the prior art references disclose the same functionality or feature
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`of any of the Accused Products, Google reserves the right to argue that said feature or functionality
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`does not practice any element of any of the Asserted Claims, and to argue, in the alternative, that
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`if said feature or functionality is found to practice any element of any of the Asserted Claims, then
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`the prior art reference demonstrates that the element is not novel, is obvious, and/or is otherwise
`
`not patentable. To the extent that any of the prior art references disclose the same functionality or
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`feature of any of the Accused Products, Google reserves the right to argue that said feature or
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`functionality does not practice any element of any of the Asserted Claims, and to argue, in the
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`alternative, that if said feature or functionality is found to practice any element of any of the
`
`Asserted Claims, then the prior art reference demonstrates that the element is not novel, is obvious,
`
`and/or is otherwise not patentable.
`
`Attached hereto are representative claim charts that identify where the elements of the
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`Asserted Claims of the Asserted Patents may be found in the prior art and further identifying why
`
`those references are not novel or non-obvious. The references cited in the attached claim charts
`
`may disclose the limitations of the Asserted Claims expressly and/or inherently. The suggested
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`obviousness combinations may be presented in conjunction with or in the alternative to Google’s
`
`contentions regarding anticipation. These obviousness combinations should not be construed to
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`suggest that any reference included in any combination is not anticipatory in its own right. Further,
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`to the extent that Plaintiff contends that any of the references identified do not constitute prior art
`
`under 35 U.S.C. § 102, Google reserves the right to rely upon other prior art references in the same
`
`patent family with substantially identical disclosures as evidence of invalidity based on the same
`
`theories as those disclosed below.
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`C.
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`Reservation of Rights
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`Prior art not currently included in this disclosure may become relevant. Google is currently
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`unaware of the extent, if any, to which Plaintiff will contend that limitations of the Asserted Claims
`
`are not disclosed in the prior art identified by Google. Google reserves the right to identify other
`
`references that would have made the addition of the allegedly missing limitation to the disclosed
`
`device or method obvious or show that the allegedly missing limitation would have been known
`
`or readily apparent to one of ordinary skill in the art at the time of the invention in light of the
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`disclosure of the prior art at issue. Google further reserves the right to rely on any of the references
`
`produced concurrently with these contentions in order to demonstrate the state of art at the alleged
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`times of invention and as evidence of the knowledge of one of ordinary skill in the art1 in support
`
`of any motivations to modify or combine the charted prior art references with other references or
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`knowledge.
`
`Plaintiff may also be aware of additional prior art that is not known to Google. To the
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`extent that Plaintiff produces additional prior art responsive to Google’s discovery requests after
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`these contentions are served, Google may supplement its Invalidity Contentions with prior art
`
`contained in such production once they have had a fair opportunity to review, analyze, and chart
`
`such prior art. Google reserves the right to amend its Invalidity Contentions with any additional
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`potential prior art known by Plaintiff but not yet disclosed to Google.
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`Google provides these Invalidity Contentions only for the claims that have been asserted
`
`by Plaintiff, but reserves the right to seek invalidation of all claims in each of the Asserted Patents.
`
`
`1 For purposes of these Invalidity Contentions, the term “general knowledge” includes the
`common knowledge and common sense of a POSITA as well as the general knowledge of
`POSITAs in the field.
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`D.
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`Ongoing Investigation
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`Google’s investigation is ongoing, and Google expressly reserves the right to amend its
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`disclosures and document production to account for evidence uncovered as its investigation
`
`continues. Such amendments include identifying and relying on additional references that may
`
`result from Google’s further search and analysis. Google reserves the right to supplement these
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`contentions in light of any additional prior art of which Plaintiff is aware and did not disclose to
`
`Google in discovery, or that might be subsequently disclosed by Plaintiff in response to Google’s
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`discovery requests. Google anticipates issuing subpoenas to third parties believed to have
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`knowledge, documentation and/or corroborating evidence concerning some of the prior art listed
`
`herein and/or additional prior art. These third parties include, but are not limited to, the authors,
`
`employers of authors, inventors, assignees, or former or current employees of assignees or
`
`previous assignees, of the references identified in these Invalidity Contentions. For example,
`
`Google anticipates issuing subpoenas to potential prior artists including but not limited to
`
`individuals and entities responsible for the development of prior art systems. Google reserves the
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`right to supplement these contentions in light of any newly discovered information produced by
`
`these or other companies from which Google may seek discovery.
`
`E.
`
`Incorporation by Reference
`
`Google herein incorporates by reference all arguments made in the IPR petitions filed in
`
`Samsung Electronics Co., Ltd. v. Ji Audio Holdings LLC, IPR2022-00213, Paper No. 3 (PTAB
`
`Nov. 19, 2021), challenging the ’072 patent, Google LLC f/k/a Google Inc. v. Jawbone
`
`Innovations, LLC, IPR2022-00623, Paper No. 1 (PTAB Mar. 1, 2022), challenging the ’058 patent,
`
`Google LLC f/k/a Google Inc. v. Jawbone Innovations, LLC, IPR2022-00630, Paper No. 1 (PTAB
`
`Mar. 1, 2022), challenging the ’072 patent, Google LLC f/k/a Google Inc. v. Jawbone Innovations,
`
`LLC, IPR2022-00649, Paper No. 1 (PTAB Mar. 15, 2022), challenging the ’091 patent, Google
`
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`LLC v. Jawbone Innovations, LLC, IPR2022-00604, Paper No. 1 (PTAB February 22, 2022),
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`challenging the ’611 patent, as well as any other IPR petitions challenging any of the Asserted
`
`Patents.
`
`II.
`
`PRIORITY DATE OF THE ASSERTED PATENT CLAIMS
`
`Plaintiff asserted the following priority dates for the Asserted Claims in its Infringement
`
`Contentions:
`
`Asserted Patent
`
`“Invention Date”
`
`“Priority Date”
`
`’091 Patent
`
`June 2000
`
`July 19, 2000
`
`’058 Patent
`
`June 2000
`
`May 30, 2001
`
`’072 Patent
`
`n/a
`
`March 27, 2003
`
`’080 Patent
`
`June 2005
`
`June 13, 2007
`
`’357 Patent
`
`June 2005
`
`June 13, 2007
`
`’543 Patent
`
`June 2000
`
`March 27, 2002
`
`’691 Patent
`
`June 2005
`
`June 13, 2007
`
`’213 Patent
`
`June 2005
`
`May 25, 2007
`
`’611 Patent
`
`June 2005
`
`May 25, 2007
`
`
`It is Plaintiff’s burden to show entitlement to its asserted priority dates, and Google asserts
`
`that Plaintiff has failed to meet that burden. For instance, the ’213 and ’611 Patents are
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`continuation-in-part of Application No. 11/805,987, filed on May 25, 2007, and Plaintiff has failed
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`to show that the Asserted Claims of the ’213 and ’611 Patents are entitled to the May 25, 2007
`
`priority date. Plaintiff has further failed in its obligations to disclose “the priority date to which
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`each asserted claim allegedly is entitled” (P.R. 3-1(e)), at least because it discloses an ambiguous
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`“invention date” and separate “priority dates” qualified with the phrase “at least as early as.” To
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`the extent Plaintiff attempts to rely on a date earlier than the “Priority Dates” listed above, Google
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`reserves the right to supplement these contentions.
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`III. THE ’091 PATENT IS INVALID.
`
`A.
`
`Identification of Prior Art
`
`Google contends that the prior art references charted in Exhibits A-1 through A-19 and/or
`
`described below anticipate and/or render obvious, alone or in combination, one or more of the
`
`Asserted Claims of the ’091 Patent.
`
`1.
`
`The ’091 Patent is Anticipated by the Prior Art
`
`Some or all of the Asserted Claims of the ’091 Patent are invalid as anticipated under 35
`
`U.S.C. § 102 in view of each of the prior art references identified in the claim charts included in
`
`Exhibit A-1 through A-19, which identify specific examples of where each limitation of the
`
`Asserted Claims is found in the prior art references. As explained above, the cited portions of prior
`
`art references identified in the attached claim charts are exemplary in nature and representative of
`
`the content and teaching of the prior art references, and should be understood in the context of the
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`reference as a whole and as they would be understood by a person of ordinary skill in the art.
`
`Google identifies the following references as anticipating one or more of the Asserted
`
`Claims of the ’091 Patent under 35 U.S.C. § 102. The table of anticipating references below is
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`exemplary, and it does not constitute an admission that any reference not listed below does not
`
`also anticipate the claims of the ’091 Patent. Further, Google contends that any prior art reference
`
`in the attached charts that is charted for each limitation of any given claim, anticipates that claim,
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`regardless of whether that prior art reference is listed in the following tables.
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`a)
`
`Prior Art Patents and Applications
`
`Number
`
`U.S. Patent No.
`4,901,354
`U.S. Patent No.
`5,251,263
`U.S. Patent No.
`5,406,622
`JPH1023122A
`
`U.S. Patent No.
`5,590,241
`
`U.S. Patent No.
`5,473,701
`U.S. Patent No.
`5,740,256
`U.S. Patent No.
`5,978,824
`
`U.S. Patent No.
`6,415,034
`
`Published/Issued
`Date
`February 13, 1990
`
`Short Name
`
`Gollmar
`
`Exhibit
`Number
`A-1
`
`October 5, 1993
`
`Andrea 263 A-2
`
`April 11, 1995
`
`Silverberg
`
`A-3
`
`January 23, 1998
`
`Aoki
`
`December 31, 1996
`
`
`Park
`
`
`December 5, 1995
`
`April 14, 1998
`
`November 2, 1999
`
`
`Cezanne
`
`Castello
`Da Costa
`Ikeda 824
`
`
`July 2, 2002
`
`Hietanen
`
`A-4
`
`A-5
`
`A-6
`
`A-7
`
`A-8
`
`A-9
`
`
`A-10
`
`A-11
`
`A-12
`
`A-13
`
`A-14
`
`
`JPH11305792A
`
`November 5, 1999
`
`Takano
`
`U.S. Patent No.
`8,000,482
`U.S. Patent No.
`5,473,684
`U.S. Patent No.
`5,796,819
`U.S. Patent No.
`3,746,789
`
`August 16, 2011
`
`Lambert
`
`December 5, 1995
`
`Bartlett
`
`August 18, 1998
`
`Romesburg
`
`July 17, 1973
`
`Alcivar
`
`
`
`
`
`
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`b)
`
`Prior Art Publications
`
`Publication/Use
`Date
`
`Short Name
`
`February 16,
`1993
`
`Toner
`
`Exhibit
`Number
`
`A-15
`
`November 1987
`
`
`Al-Kindi
`
`
`A-16
`
`
`April 3, 1990
`
`Van
`Compernolle
`
`February 2002
`
`Gustafsson
`
`September 1997 Hussain
`
`A-17
`
`
`
`A-18
`
`
`A-19
`
`
`Author or Publisher Title
`
`Toner et al.
`
`Al-Kindi et al.
`
`Van Compernolle
`et al.
`
`Gustafsson
`
`Hussain
`
`Speech Enhancement
`Using Sub-band
`Intermittent Adaption
`
`Improved adaptive noise
`cancellation in the
`presence of signal leakage
`on the noise reference
`channel.
`
`
`Switching Adaptive
`Filters for Enhancing
`Noisy and Reverberant
`Speech from Microphone
`Array Recordings
`
`Dual-Microphone
`Spectral Subtraction
`
`A New Metric for
`Selecting Sub-band
`Processing in Adaptive
`Speech Enhancement
`Systems
`
`c)
`
`Prior Art Systems
`
`On information and belief, the systems identified below were in public use, on sale, or
`
`otherwise available to the public before the priority dates of the Asserted Patents. Google’s
`
`further investigation and/or subsequent discovery from Plaintiff or third parties with knowledge
`
`regarding prior art systems may reveal additional relevant prior art systems and/or further
`
`information regarding the systems identified below, or other relevant prior art systems. Google
`
`reserves the right to supplement these Invalidity Contentions, based on subsequent investigation
`
`and discovery, including from third parties. In particular, Plaintiff has not yet produced art
`
`relevant to the systems in its control and/or in the control of its former officers and employees,
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`including Gregory Burnett, Eric Breitfeller, Nicolas Petit, Jing Zhinian, Andrew Einaudi,
`
`Alexander Asseily, Michael Luna, and Hosain Rahman.
`
`(cid:129) The Pathfinder System. See, e.g., ’357 Patent, 8:21-22.
`
`(cid:129) Jawbone headset available no later than 2004, and culminating in 10,000 units delivered
`to AT&T in 2006. See https://www.zerotoipopodcast.com/episodes/five/ at 30:27;
`https://www.zerotoipopodcast.com/episodes/four/ at 15:18.
`
`(cid:129) Jawbone earpiece available no later than December 2006. See, e.g., ’357 Patent, 1:63-65.
`
`(cid:129) Any other Aliphcom or Jawbone prototypes, models, or systems.
`
`(cid:129) Any prototypes, models, or systems developed by or in the possession of The Regents of
`the University of California, Lawrence Livermore National Security, LLC, and/or the
`Lawrence Livermore National Laboratory.
`
`Google additionally identifies and relies on any system, product, or public knowledge or
`
`
`
`
`
`use that embodies or otherwise incorporates any of the prior art patents and publications listed
`
`above. Google reserves the right to identify and rely on systems that represent different versions
`
`or are otherwise related variations of the identified systems. Google also incorporates by reference
`
`any and all other prior art systems identified in any other case brought by Plaintiff and/or involving
`
`the Asserted Patents.
`
`To the extent any item of prior art cited above is deemed not to disclose, explicitly or
`
`inherently, any limitation of an asserted claim of the ’091 Patent, Google contends that any
`
`difference between that prior art and the corresponding patent claim would have been either
`
`inherent in the art or obvious to a person of ordinary skill in the art, even if Google has not
`
`specifically denoted that the art is to be combined with the knowledge of a person of ordinary skill
`
`in the art.
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`2.
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`The ’091 Patent is Obvious Over the Prior Art
`
`To the extent Plaintiff argues that any limitation of the asserted claims of the ’091 Patent
`
`are not explicitly disclosed by an item of prior art identified above and in Exhibits A-1 through
`
`A1-9, any purported differences are such that the claimed subject matter as a whole would have
`
`been obvious to one skilled in the art at the time of the alleged invention, in view of the state of
`
`the art and knowledge of those skilled in the art. The item of prior art would, therefore, render the
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`relevant claims invalid as obvious under 35 U.S.C. § 103.
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`Furthermore, it would have been obvious to combine any of the prior art in Exhibits A-1
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`through A-19 with each other, at least because all of these references relate to acoustic noise
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`suppression methods and devices utilizing microphone elements in the same field of endeavor. For
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`example, U.S. Patent No. 5,251,263 (“Andrea 263”) teaches “a headset apparatus for use in an
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`intercommunications system, the headset suppressing both noise in the vicinity of a transducer
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`delivering sound to an operator's ear and in outgoing speech from the operator.” Andrea 263,
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`(Abstract).
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`Furthermore, U.S. Patent No. 5,590,241 (“Park”) teaches “a speech processing system (30)
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`[that] operates in a noisy environment (20) by performing adaptive prediction between inputs from
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`two sensors positioned to transduce speech from a speaker, such as an accelerometer and a
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`microphone. An adaptive filter (37) such as a finite impulse response (FIR) filter receives a digital
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`accelerometer input signal, adjusts filter coefficients according to an estimation error signal, and
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`provides an enhanced speech signal as an output. The estimation error signal is a difference
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`between a digital microphone input signal and the enhanced speech signal. In one embodiment,
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`the adaptive filter (37) selects a maximum one of a first predicted speech signal based on a
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`relatively-large smoothing parameter and a second predicted speech signal based on a relatively-
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`small smoothing parameter, with which to normalize a predicted signal power. The predicted
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`signal power is then used to adapt the filter coefficients.” Park at Abstract.
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`Furthermore, U.S. Patent No. 6,415,034 (“Hietanen”) teaches “an earphone unit in the
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`auditory tube (also called auditory canal) or on the ear, which unit comprises voice reproduction
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`means for converting an electric signal into acoustic sound signal and for forwarding the sound
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`signal into the user's ear, and speech detection means for detecting the speech of the user of the
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`earphone unit from the user's said same auditory tube.” Hietanen at 1:5-11. In Hietanen, “[w]hen
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`a user’s speech is registered, the ear capsule signal (12”) containing disturbances is canceled
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`utilizing methods based upon determining the transfer function between the ear capsule (12) and
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`the microphone (13). A separate error microphone (14) is used for eliminating external sources of
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`disturbances (17), such as noise.” Id. at Abstract.
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`Furthermore, U.S. Patent No. 8,000482 (“Lambert”) teaches a microphone array that
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`receives speech and noise signals. Lambert at Abstract. Speech detection circuitry 21 monitors
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`incoming signals to determine when speech is present. Id. at 4:59-63. When speech is detected,
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`speech detection circuitry 21 enables filters 24. Id. at 5: 48-50; 7:6-8. Frequency Impulse Response
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`(FIR) filters 24 are part of the processing system and enabled by the speech detection circuitry 21
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`to align the non-reference microphone output signals with the output signal of the reference
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`microphone. Id. at Abstract, FIG. 5.
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`Furthermore, JPH11305792 (“Takano”) teaches “a sound pickup apparatus for suppressing
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`a surrounding noise component and extracting a target signal from a sound source signal in which
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`ambient noise is mixed, having a sound collecting function, and obtaining a high recognition rate.”
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`Takano at [0001]. It does so by combining the outputs of a first microphone, located close to a
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`target signal source, and a second microphone, which is located away from the source, into a signal
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`that can be adapted to reduce noise and allow speech recognition. Id. at Abstract.
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`Furthermore, U.S. Patent No. 5,406,622 (“Silverberg”) teaches “Two adaptive filters are
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`employed, one driven by the handset transmitter to subtract speech from a reference value to
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`produce an enhanced reference signal; and a second adaptive filter driven by the enhanced
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`reference signal to subtract noise from the transmitter. The weights of the two adaptive filters are
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`allowed to adapt or are frozen according to criteria set as a result of transmitter power
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`measurements which determine whether speech is likely to be present or not.” Silverberg,
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`(Abstract).
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`Furthermore, Switching Adaptive Filters for Enhancing Noisy and Reverberant Speech
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`from Microphone Array Recordings (“Van Compernolle”) teaches “filters have two sections, of
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`which only one section at any given time is allowed to adapt its coefficients. The switch between
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`both is controlled by a speech detection function. The first section implements an adaptive look
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`direction and cues in on the desired speech. This section only adapts when speech is present. The
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`second section acts as a multichannel adaptive noise canceler.” Van Compernolle, (Abstract).
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`Furthermore, Speech Enhancement Using Sub-band Intermittent Adaption (“Toner”)
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`teaches “[a] sub-band multisensor structure using intermittent adaption is proposed for speech
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`enhancement.” Toner, (Abstract).
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`Furthermore, U.S. Patent No. 5,473,701 (“Cezanne”) teaches “a method of apparatus of
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`enhancing the signal-to-noise ratio of a microphone array.” Cezanne, (Abstract). Cezanne also
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`“provides a technique for adaptively adjusting the directivity of a microphone array to reduce (for
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`example, to minimize) the sensitivity of the array to background noise.” Cezanne at 1:42-46.
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`Furthermore, U.S. Patent No. 4,901,354 (“Gollmar”) teaches “a device for reliably
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`detecting at least the beginning of a voice command for a voice control of function elements,
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`signals of a first microphone to which contact sound of an operating person is applied, are used for
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`triggering a second microphone which is directed towards the mouth of the operating person in
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`order to improve the reliability of the voice control in high ambient noise.” Gollmar, (Abstract).
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`Furthermore, U.S. Patent No. 5,978,824 (“Ikeda 824”) teaches “a noise canceler for
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`canceling, by use of an adaptive filter, a background noise signal introduced into a speech signal
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`input via a microphone, a handset or the like.” Ikeda 824 at 1:4-8. Ikeda 824 further discloses a
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`noise canceler including an adaptive filter for approximating the impulse response of a noise path
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`along which a noise signal input to a reference signal microphone to propagate toward a main
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`signal microphone. Ikeda 824 at 1:21-26.
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`Furthermore, JPH1023122A (“Aoki”) teaches “a voice transmission signal of optimal
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`sound quality to be obtained in accordance with the ambient noise level.” Aoki at Abstract. Aoki
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`further discloses an ambient noise estimation configuration including an air conduction
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`microphone and a bone conduction microphone to determine the presence or absence of a voice
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`transmission state by comparing the output levels of low pass filters in a voice transmission state
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`detection unit. See id.
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`Furthermore, Improved Adaptative Noise Cancellation in the Presence of Signal Leakage
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`on the Noise Reference Channel (“Al-Kindi”) teaches “[A]n adaptive noise cancelling structure
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`suitable for situations where the noise reference transducer is closely spaced relative to the primary
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`transducer.” Al-Kindi, Abstract.
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`Furthermore, U.S. Patent No. 5,473,684 (“Bartlett”) teaches “[i]mproved microphone
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`performance . . . by configuring second-order derivative microphone assembly in such a way that
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`radially divergent near-field input produces a microphone response proportional to a first-order
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`spatial derivative of the acoustic pressure field.” Bartlett, Abstract.
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`Furthermore, U.S. Patent No. 5,796,819 (“Romesburg”) teaches “[a] system and a method
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`for echo suppression which use two or more microphones for beamforming of an echo signal
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`corresponding to an incoming speech signal that is output by a loudspeaker. The outputs of the
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`microphones are appropriately filtered and then linearly combined to cancel the echo signal, even
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`if the incoming speech signal has been non-linearly distorted. Also, the microphones may be
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`selectively positioned or pointed to allow the linear cancellation of ambient noise.” Romesburg,
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`Abstract.
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`Furthermore, U.S. Patent No. 3,746,789 (“Alcivar”) teaches “A voice-activated transmit
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`switch (VOX) for high noise environment voice communication systems, whi