Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 6
`Date: January 23, 2023
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE NOCO COMPANY, INC.,
`Petitioner,
`
`v.
`
`PILOT, INC.,
`Patent Owner.
`____________
`
`IPR2022-01237
`Patent 11,124,077 B2
`____________
`
`
`
`
`Before JEFFREY W. ABRAHAM, JULIA HEANEY, and
`STEVEN M. AMUNDSON, Administrative Patent Judges.
`
`AMUNDSON, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314
`
`
`
`
`
`
`
`
`
`Tel: 571-272-7822
`
`Paper 6
`Date: January 23, 2023
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE NOCO COMPANY, INC.,
`Petitioner,
`
`v.
`
`PILOT, INC.,
`Patent Owner.
`____________
`
`IPR2022-01237
`Patent 11,124,077 B2
`____________
`
`
`
`
`Before JEFFREY W. ABRAHAM, JULIA HEANEY, and
`STEVEN M. AMUNDSON, Administrative Patent Judges.
`
`AMUNDSON, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314
`
`
`
`
`
`
`
`
`
`
`IPR2022-01237
`Patent 11,124,077 B2
`
`
`I. INTRODUCTION
`The NOCO Company, Inc. (“Petitioner”) filed a Petition requesting an
`inter partes review of claims 1–24 in U.S. Patent No. 11,124,077 B2
`(Exhibit 1001, “the ’077 patent”) under 35 U.S.C. §§ 311–319. Paper 1
`(“Pet.”). Pilot, Inc. (“Patent Owner”) did not file a Preliminary Response.
`Under 37 C.F.R. § 42.4(a), we have authority to determine whether
`to institute an inter partes review. We may institute an inter partes review
`only if “the information presented in the petition filed under section 311
`and any response filed under section 313 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.” 35 U.S.C. § 314(a) (2018). The
`“reasonable likelihood” standard is “a higher standard than mere notice
`pleading” but “lower than the ‘preponderance’ standard to prevail in a final
`written decision.” Hulu, LLC v. Sound View Innovations, LLC, IPR2018-
`01039, Paper 29 at 13 (PTAB Dec. 20, 2019) (precedential).
`After considering the Petition and the evidence of record, and for the
`reasons explained below, we determine that Petitioner has shown that there
`is a reasonable likelihood that it would prevail with respect to at least one of
`the challenged claims. Thus, we institute an inter partes review of claims
`1–24 in the ’077 patent on all challenges included in the Petition.
`II. BACKGROUND
`A. Real Parties in Interest
`Petitioner identifies itself as the real party in interest. Pet. 74. Patent
`Owner identifies itself as the real party in interest. Paper 3, 2. The parties
`do not raise any issue about real parties in interest.
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`B. Related Matters
`Petitioner and Patent Owner identify the following civil action as a
`related matter involving the ’077 patent: Pilot, Inc. v. The NOCO Company,
`Inc., No. 2:22-cv-00389-PHX-SRB (D. Ariz. filed Mar. 14, 2022). Pet. 74;
`Paper 3, 2.
`
`C. The ’077 Patent (Exhibit 1001)
`The ’077 patent, titled “Automobile Charger,” issued on
`September 21, 2021, from an application filed on April 21, 2021. Ex. 1001,
`codes (22), (45), (54). The patent identifies that application as the latest in a
`series of continuation applications that began with an application filed on
`December 12, 2014. Id. at 1:5–15, code (63). The patent claims priority to
`an application filed in China on April 28, 2014. Id. at 1:14–16. The patent
`states that the disclosure “relates to an automobile charging device,” in
`particular, “a novel automobile charger with a safe power supply charging
`quickly.” Id. at 1:21–23; see id. at code (57).
`The ’077 patent describes problems with conventional automobile
`chargers. See Ex. 1001, 1:24–34. For instance, the patent states that
`“current automobile chargers have common problems” because they cannot
`“automatically detect” the following:
`(1)
`“whether a load is connected”;
`(2)
`“whether an electrode is connected with an automobile
`storage battery reversely”;
`“whether an automobile engine or the storage battery
`has a reverse current”; and
`“whether the battery state is suitable for heavy current
`power generation.”
`
`(3)
`
`(4)
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`Id. at 1:28–34. The patent purports to address those problems with “a novel
`automobile charger with the safe power supply charging quickly.” Id. at
`1:34–38, 1:42–45; see id. at 2:31–58.
`The ’077 patent’s Figure 1 (reproduced below) depicts a block
`diagram for an automobile charger:
`
`
`
`Figure 1 illustrates an automobile charger including the following
`components:
`(1) DC-to-DC module 1;
`(2) microcontroller 2;
`(3)
`battery voltage detection module 3;
`(4)
`automobile start control module 4;
`(5)
`load detection module 5;
`(6)
`load module 6; and
`(7)
`direct current power supply 7.
`Ex. 1001, 2:62–63, 2:66–3:2, 3:15–35, Fig. 1.
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`The DC-to-DC module “provides a stable voltage for the
`microcontroller.” Ex. 1001, 2:1–3, 4:13–14. The microcontroller “collects
`relevant data to conduct the corresponding control.” Id. at 2:2–4, 4:14–15.
`The battery voltage detection module “conducts the measurement of” the
`power-supply battery’s voltage and “provides protection” for the power-
`supply battery to “prevent damages caused by the discharging of the direct
`current power supply.” Id. at 2:4–5, 2:16–19, 4:15–17. The automobile start
`control module “conducts the power supply or the power outage for the load
`module” and corresponds to an electronic switch controlled by the
`microcontroller. Id. at 2:5–8, 2:29–30, 4:18–20, 4:42. The load detection
`module “detects whether the load module is correctly connected” and
`“prevents improper operations of the user.” Id. at 2:8–10, 2:20–22, 4:20–22.
`The load module “comprises the automobile storage battery and the
`automobile engine.” Id. at 3:32–34.
`Additionally, the microcontroller “determines whether the automobile
`storage battery is connected with the automobile engine through the load
`detection module.” Ex. 1001, 4:23–25. The automobile start control module
`is “automatically activated and the battery starts to supply power to the load
`module when the load is correctly connected.” Id. at 4:26–28. The
`automobile start control module is “automatically deactivated and the battery
`stops supplying power to the load module when assuming that the load is not
`connected or the positive and negative polarities are reversely connected.”
`Id. at 4:28–32.
`The automobile charger includes a standby mode where “the
`microcontroller closes all outputs when the battery voltage is lower than
`9V.” Ex. 1001, 4:32–34; see id. at 2:23–26. The automobile charger
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`“recovers the normal operation only when the battery voltage is larger than
`10V.” Id. at 4:34–35; see id. at 2:23–28.
`An automobile engine “will generate the normal voltage to recharge
`the battery after the automobile starts.” Ex. 1001, 4:36–37. But the
`automobile start control module is “deactivated immediately once the
`recharging voltage is larger than the voltage before that battery starts the
`power supply, to protect the battery from damages caused by charging with
`the normal voltage.” Id. at 4:37–41.
`The ’077 patent’s Figure 2 (reproduced below) depicts a circuit
`diagram for an automobile charger:
`
`
`
`Figure 2 illustrates an automobile charger including microcontroller U2 and
`the modules illustrated in Figure 1 except the load module (the automobile
`storage battery and the automobile engine). See Ex. 1001, 2:64–65,
`3:36–4:12, Figs. 1–2.
`As an example, the DC-to-DC module in Figure 2 comprises “a
`diode D1, a resistor R1, capacitor C1, a HT7530 voltage stabilizing tube,
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`[and] capacitors C2 and C3.” Ex. 1001, 3:36–38, Fig. 2. As another
`example, the battery voltage detection module in Figure 2 comprises
`“resistors R2, R13 and capacitor C6.” Id. at 4:7–8, Fig. 2. As yet another
`example, the load detection module in Figure 2 comprises “capacitor C7,
`resistors R9, 10, a capacitor C6 and a resistor R13.” Id. at 3:67–4:2, Fig. 2.
`Additionally, Figure 2 depicts electronic switching circuitry
`comprising a plurality of n-channel transistors identified as Q3_1, Q3_2,
`Q3_3, Q4_1, Q4_2, and Q4_3. Ex. 1001, Fig. 2; see id. at 2:12–14,
`2:29–30, 4:42. Further, Figure 2 shows Q3_1, Q3_2, and Q3_3 connected
`to a negative terminal (V-OUT-) of a depleted battery and Q4_1, Q4_2, and
`Q4_3 connected to a negative terminal (BT-) of a power-supply battery. Id.
`at Fig. 2.
`
`D. The Challenged Claims
`Petitioner challenges independent apparatus claim 1 and claims 2–24
`that depend directly or indirectly from claim 1. Pet. 6, 21–73.
`Claim 1 exemplifies the challenged claims and reads as follows (with
`formatting added for clarity and with numbers and letters added for
`reference purposes):1
`1. [1p] A jumpstarter comprising:
`[1(a)(i)] a battery connected to a voltage regulator,
`[1(a)(ii)] the battery capable of supplying power, via
`the voltage regulator, to at least a microcontroller,
`[1(a)(iii)] the battery also capable of supplying power
`to an automobile battery when the battery has at least a
`predetermined voltage;
`
`
`1 We use the same numbers and letters that Petitioner uses to identify the
`claim language. See Pet. 21–29.
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`[1(b)] a load detector circuit, connected to the
`microcontroller, to detect when the jumpstarter is correctly
`connected to the automobile battery;
`[1(c)] the microcontroller generating, when the
`jumpstarter is correctly connected to the automobile battery,
`an output signal; and
`[1(d)] switching circuitry, including at least one switch,
`to operatively connect the battery to the automobile battery
`when the microcontroller generates the output signal to supply
`a charging current to the automobile battery.
`Ex. 1001, 5:11–27.
`
`1004
`
`1005
`
`1006
`
`E. The Asserted References
`For its challenges, Petitioner relies on the following references:
`Name
`Reference
`Exhibit
`Richardson US 2013/0154543 A1, published June 20, 2013
`(based on an application filed February 15, 2013)
`Krieger US 2004/0130298 A1, published July 8, 2004
`(based on an application filed December 10, 2002)
`US 2010/0173182 A1, published July 8, 2010
`Baxter
`(based on an application filed March 24, 2010)
`Tracey WO 2012/080996 A1, published June 21, 2012
`(based on an application filed December 14, 2011)
`US 8,232,772 B2, issued July 31, 2012
`(based on an application filed May 27, 2008)
`Pet. 6, 21–73.
`Petitioner asserts that each reference qualifies as prior art for the
`’077 patent “under at least 35 U.S.C. § 102(a)(1) (AIA).” Pet. 7, 10,
`16–17, 19.
`
`Lai
`
`1007
`
`1008
`
`8
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`F. The Asserted Challenges to Patentability
`Petitioner asserts the following challenges to patentability:
`Claim(s) Challenged
`35 U.S.C. §
`Reference(s)/Basis
`1–7, 9–11, 18–20
`103
`Krieger
`8
`103
`Krieger, Baxter
`22, 23
`103
`Krieger, Tracey
`1–7, 9–16, 18–21, 24
`103
`Richardson
`17
`103
`Richardson, Lai
`3–7, 19, 20
`103
`Richardson, Krieger
`8
`103
`Richardson, Krieger, Baxter
`22, 23
`103
`Richardson, Tracey
`Pet. 6, 21–73.
`
`G. Testimonial Evidence
`To support its challenges, Petitioner relies on the declaration of
`Jonathan R. Wood, Ph.D. (Exhibit 1003, “Wood Decl.”). Dr. Wood states,
`“I have 54 years of experience in power electronics and analog circuits,
`including battery systems.” Ex. 1003 ¶ 5. Dr. Wood also states, “I hold
`a Ph.D in Electrical Engineering from the Massachusetts Institute of
`Technology (1973), an M.E. in Electrical Engineering from the University
`of Auckland (1969), and a B.E. in Electrical Engineering from the
`University of Auckland (1968).” Id.
`III. PATENTABILITY ANALYSIS
`A. Legal Principles: Obviousness
`A patent may not be obtained “if the differences between the claimed
`invention and the prior art are such that the claimed invention as a whole
`would have been obvious before the effective filing date of the claimed
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`invention to a person having ordinary skill in the art to which the claimed
`invention pertains.” 35 U.S.C. § 103. An obviousness analysis involves
`underlying factual inquiries including (1) the scope and content of the prior
`art; (2) differences between the claimed invention and the prior art; (3) the
`level of ordinary skill in the art; and (4) where in evidence, objective indicia
`of nonobviousness, such as commercial success, long-felt but unsolved
`needs, and failure of others.2 Graham v. John Deere Co., 383 U.S. 1,
`17−18, 35–36 (1966); Apple Inc. v. Samsung Elecs. Co., 839 F.3d 1034,
`1047–48 (Fed. Cir. 2016) (en banc). When evaluating a combination of
`references, an obviousness analysis should address “whether there was an
`apparent reason to combine the known elements in the fashion claimed by
`the patent at issue.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007).
`We analyze the obviousness issues according to these principles.
`B. Level of Ordinary Skill in the Art
`Factors pertinent to determining the level of ordinary skill in the art
`include (1) the educational level of the inventor; (2) the type of problems
`encountered in the art; (3) prior-art solutions to those problems; (4) the
`rapidity with which innovations are made; (5) the sophistication of the
`technology; and (6) the educational level of workers active in the field.
`Envtl. Designs, Ltd. v. Union Oil Co., 713 F.2d 693, 696–97 (Fed. Cir.
`1983). Not all factors may exist in every case, and one or more of these or
`other factors may predominate in a particular case. Id. These factors are not
`exhaustive, but merely a guide to determining the level of ordinary skill in
`the art. Daiichi Sankyo Co. v. Apotex, Inc., 501 F.3d 1254, 1256 (Fed. Cir.
`
`
`2 The record does not include evidence or argument regarding objective
`indicia of nonobviousness.
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`2007). Moreover, the prior art itself may reflect an appropriate skill level.
`Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001).
`Petitioner asserts that a person of ordinary skill in the art at the time of
`the alleged invention would have had “at least a Bachelor’s Degree in a
`relevant engineering discipline such as electrical engineering and at least
`two years of relevant experience in the design and/or development of
`automotive electrical systems, or a Masters or more advanced degree in a
`relevant engineering discipline such as electrical engineering.” Pet. 5.
`Dr. Wood’s testimony supports Petitioner’s assertion. See Ex. 1003 ¶ 45.
`Based on the current record and for purposes of analysis, we accept
`Petitioner’s description of an ordinarily skilled artisan as consistent with
`the ’077 patent and the asserted prior art.
`C. Claim Construction
`We construe claim terms “using the same claim construction
`standard” that district courts use to construe claim terms in civil actions
`under 35 U.S.C. § 282(b). See 37 C.F.R. § 42.100(b) (2022). Under that
`standard, claim terms “are given their ordinary and customary meaning,
`which is the meaning the term would have to a person of ordinary skill in
`the art at the time of the invention.” Power Integrations, Inc. v. Fairchild
`Semiconductor Int’l, Inc., 904 F.3d 965, 971 (Fed. Cir. 2018) (citing Phillips
`v. AWH Corp., 415 F.3d 1303, 1312–13 (Fed. Cir. 2005) (en banc)). The
`meaning of claim terms may be determined by “look[ing] principally to the
`intrinsic evidence of record, examining the claim language itself, the written
`description, and the prosecution history, if in evidence.” DePuy Spine, Inc.
`v. Medtronic Sofamor Danek, Inc., 469 F.3d 1005, 1014 (Fed. Cir. 2006)
`(citing Phillips, 415 F.3d at 1312–17).
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`Petitioner does not propose an explicit construction for any claim
`term. See, e.g., Pet. 7.
`Based on the current record, we determine that no claim term requires
`an explicit construction to decide whether Petitioner satisfies the “reasonable
`likelihood” standard for instituting trial. “[O]nly those terms need be
`construed that are in controversy, and only to the extent necessary to resolve
`the controversy.” Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795,
`803 (Fed. Cir. 1999); see Nidec Motor Corp. v. Zhongshan Broad Ocean
`Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017).
`D. Alleged Obviousness over Krieger: Claims 1–7, 9–11, and 18–20
`Petitioner contends that claims 1–7, 9–11, and 18–20 are unpatentable
`under § 103 as obvious over Krieger. See Pet. 6, 21–39. Below, we provide
`an overview of Krieger, and then we consider the obviousness issues.
`As explained below, Petitioner establishes sufficiently for purposes of
`institution that Krieger teaches the subject matter of claims 1–7, 9–11,
`and 18–20.
`
`1. OVERVIEW OF KRIEGER (EXHIBIT 1005)
`Krieger is a U.S. patent application publication titled “Microprocessor
`Controlled Booster Apparatus with Polarity Protection,” filed on
`December 10, 2002, and published on July 8, 2004. Ex. 1005, codes (12),
`(22), (43), (54). Krieger states that the invention relates “to a booster device
`used for boosting a depleted battery,” and more particularly “to
`microprocessor control of the booster apparatus and a polarity protection
`circuit.” Id. ¶ 2; see id. at code (57). The polarity-protection circuit
`prevents current flow to a depleted battery “unless proper polarity is
`achieved.” Id. ¶ 10, code (57).
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`Krieger describes problems with conventional booster devices. See
`Ex. 1005 ¶¶ 4–9. For example, Krieger explains that connecting a boosting
`battery’s terminals to a depleted battery’s terminals “can be very dangerous
`if the batteries are connected incorrectly.” Id. ¶ 5. A “large current passes
`through the electric wires” even when “the two batteries are connected
`correctly.” Id. But when “the two batteries are connected erroneously, a
`current which passes through the electric wires is 10 to 20 times larger than
`the current existing on the electric wires when the batteries are correctly
`connected.” Id. Further, an “incorrect connection may result in one or both
`of the batteries being short-circuited,” and “in some cases, an explosion, fire
`and damage to the vehicle or to a person may result.” Id.
`To address those issues, Krieger discloses a booster device that “can
`be used to ensure that the connection of the two batteries is made correctly
`and in a safe manner.” Ex. 1005 ¶¶ 6, 10.
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`Krieger’s Figure 1 (reproduced below) depicts a booster device
`including a polarity-protection circuit:
`
`
`
`Figure 1 illustrates a booster device including boosting battery 2 with
`positive terminal 4 and negative terminal 6, switch 12 comprising field-
`effect transistors 12a–12d, and polarity-sensing circuit (opto-isolator) 16
`coupled to boosting battery 2 and depleted battery 11. Ex. 1005 ¶¶ 22,
`28–31, Fig. 1.
`“The positive terminal 4 of the boosting battery 2 is coupled to one of
`a pair of alligator clamps 8, 10 to be connected to” depleted battery 11 “via a
`wire or battery cable.” Ex. 1005 ¶ 28, Fig. 1. “The negative terminal 6 of
`the boosting battery 2 is connected to the other of the alligator clamps 8, 10
`to be connected to” depleted battery 11 “via a wire or battery cable.” Id.
`¶ 28, Fig. 1.
`Switch 12 is “activated to complete a boosting circuit between the
`boosting battery 2 and the depleted battery 11” by polarity-sensing circuit
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`(opto-isolator) 16 “only when a correct polarity connection between the
`batteries is attained.” Ex. 1005 ¶¶ 29, 31. Polarity-sensing circuit (opto-
`isolator) 16 “senses the polarity of the connection between the boosting
`battery 2 and the depleted battery 11 and provides a signal indicating the
`state of the connection” to switch 12. Id. ¶ 31.
`Preferably, switch 12 is “a solid state device, such as a transistor,
`diode, field effect transistor (FET), etc.” Ex. 1005 ¶ 30. Figure 1 depicts
`switch 12 as “a number [of] FETs 12a–12d connected in parallel with each
`other.” Id. ¶ 30, Fig. 1.
`Polarity-sensing circuit (opto-isolator) 16 includes phototransistor 22
`and light emitting diode (LED) 26. Ex. 1005 ¶ 32, Fig. 1. “The opto-
`isolator 16 only turns on when it is properly biased as a result of a correct
`polarity connection being made between the boosting battery 2 and the
`depleted battery 11.” Id. ¶ 33.
`Krieger’s Figure 5 (reproduced below) depicts a microprocessor-
`controlled jump-starter system:
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`Figure 5 illustrates a jump-starter system including boosting battery 2 with
`positive terminal 4 and negative terminal 6, switch 12 comprising field-
`effect transistors 12a–12d, opto-isolator 16, microprocessor 60, display 64,
`and voltage regulator 70. Ex. 1005 ¶¶ 26, 28, 43–46, Fig. 5.
`Microprocessor 60 may “perform essentially all of the control
`functions needed for operation of the jump starter.” Ex. 1005 ¶ 43. With
`“a feedback circuit or other means,” microprocessor 60 may monitor (1) “the
`voltage and/or current being supplied to the depleted battery 11 from the
`booster battery 2” and (2) “the voltage and/or current of the battery 11.” Id.
`¶ 44. By doing so, microprocessor 60 may detect “short circuits or other
`faults.” Id. “A resistive divider may be used to provide the voltage and
`current measurements to the microprocessor’s A/D input.” Id. Further,
`microprocessor 60 receives a “low voltage power supply,” e.g., 5 volts, from
`boosting battery 2 via voltage regulator 70. Id. ¶ 46, Fig. 5.
`Voltage regulator 70 is “coupled to the boosting battery 2 and the
`depleted battery 11 for detecting their charge levels.” Ex. 1005 ¶ 52, Fig. 5.
`Voltage regulator 70 “produces a voltage proportional to the voltage of the
`boosting battery 2.” Id. ¶ 53. Microprocessor 60 detects “when the voltage
`of the boosting battery 2 falls below a predetermined level, for example,
`about 80% of its rated value.” Id. Voltage regulator 70 also “produces a
`voltage proportional to the voltage of the depleted battery 11.” Id. ¶ 54.
`Microprocessor 60 “receives this signal from” voltage regulator 70 and
`“determines and displays the voltage of the depleted battery 11 on
`display 64.” Id.
`
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`2. INDEPENDENT CLAIM 1
`
`(a)
`
`Preamble
`Claim 1 recites “[a] jumpstarter.” Ex. 1001, 5:11.
`Petitioner contends that Krieger discloses claim 1’s preamble because
`Krieger discloses a microprocessor-controlled jump-starter system and
`Krieger’s Figure 5 depicts that system. Pet. 21 (quoting Ex. 1005 ¶ 43).
`Generally, a preamble does not limit a claim. Allen Eng’g Corp. v.
`Bartell Indus., Inc., 299 F.3d 1336, 1346 (Fed. Cir. 2002). We need not
`decide whether claim 1’s preamble limits the claim because Petitioner
`establishes sufficiently for purposes of institution that Krieger discloses
`claim 1’s preamble. See Pet. 21; Ex. 1003 ¶¶ 49, 74. Specifically, Krieger
`discloses a microprocessor-controlled jump-starter system. Ex. 1005 ¶ 43,
`Fig. 5; see Ex. 1003 ¶¶ 49, 74. Krieger explains that the microprocessor
`may “perform essentially all of the control functions needed for operation
`of the jump starter.” Ex. 1005 ¶ 43; see Ex. 1003 ¶ 50.
`(b) Limitation 1(a)(i)
`Claim 1 recites “a battery connected to a voltage regulator.”
`Ex. 1001, 5:12.
`Petitioner contends that Krieger discloses limitation 1(a)(i) because
`Krieger’s microprocessor-controlled jump-starter system includes voltage
`regulator 70 coupled to boosting battery 2 through resistor 62. Pet. 22
`(citing Ex. 1005 ¶ 52, Fig. 5).
`Based on the current record and for the reasons advanced by
`Petitioner and supported by Dr. Wood’s testimony, Petitioner establishes
`sufficiently for purposes of institution that Krieger discloses
`limitation 1(a)(i). See Pet. 22; Ex. 1003 ¶ 75.
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`(c) Limitation 1(a)(ii)
`Claim 1 recites “the battery capable of supplying power, via the
`voltage regulator, to at least a microcontroller.” Ex. 1001, 5:12–14.
`Petitioner contends that Krieger discloses limitation 1(a)(ii) because
`the voltage regulator in Krieger’s microprocessor-controlled jump-starter
`system supplies the microprocessor with a “low voltage power supply (e.g.,
`5 volts) from battery 2.” Pet. 22–23 (emphasis omitted) (citing Ex. 1005
`¶ 46, Fig. 5).
`Based on the current record and for the reasons advanced by
`Petitioner and supported by Dr. Wood’s testimony, Petitioner establishes
`sufficiently for purposes of institution that Krieger discloses
`limitation 1(a)(ii). See Pet. 22–23; Ex. 1003 ¶ 76.
`(d) Limitation 1(a)(iii)
`Claim 1 recites “the battery also capable of supplying power to an
`automobile battery when the battery has at least a predetermined voltage.”
`Ex. 1001, 5:14–16.
`Petitioner contends that Krieger discloses limitation 1(a)(iii) because
`the boosting battery in Krieger’s microprocessor-controlled jump-starter
`system is “coupled to a pair of alligator clamps 8, 10 to be connected to” an
`automobile battery requiring charging. Pet. 23–24 (citing Ex. 1005 ¶ 28,
`Fig. 5). Petitioner also contends that Krieger discloses:
`(1) monitoring the boosting battery “to detect when the
`battery falls below a predetermined voltage needed
`for supplying power to” the automobile battery; and
`notifying the operator when the boosting battery
`“is low and needs to be recharged,” e.g., when the
`microprocessor detects that “the boosting battery
`
`(2)
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`has fallen below ‘a predetermined level, for example,
`about 80% of its rated value.’”
`Id. at 24 (quoting Ex. 1005 ¶ 53) (citing Ex. 1005 ¶ 44).
`According to Petitioner, “the boosting battery is ‘capable’ of
`supplying power to an automobile battery when the [boosting] battery has
`at least a predetermined voltage, i.e., the boosting battery is above the
`‘predetermined level.’” Pet. 24 (emphasis omitted).
`Based on the current record and for the reasons advanced by
`Petitioner and supported by Dr. Wood’s testimony, Petitioner establishes
`sufficiently for purposes of institution that Krieger discloses
`limitation 1(a)(iii). See Pet. 23–25; Ex. 1003 ¶¶ 77–80.
`(e) Limitation 1(b)
`Claim 1 recites “a load detector circuit, connected to the
`microcontroller, to detect when the jumpstarter is correctly connected
`to the automobile battery.” Ex. 1001, 5:17–19.
`Petitioner contends that Krieger discloses limitation 1(b) because
`Krieger’s microprocessor-controlled jump-starter system includes “a
`feedback circuit or other means” for permitting the microprocessor to
`monitor “the voltage and/or current” of the automobile battery. Pet. 26
`(quoting Ex. 1005 ¶ 44). Petitioner contends that Krieger discloses using
`“[a] resistive divider” to “provide the voltage and current measurements to
`the microprocessor’s A/D input.” Id. (alteration by Petitioner) (quoting
`Ex. 1005 ¶ 44). Petitioner also contends that the microprocessor uses “the
`monitored voltage and/or current” to detect both (1) “that the automobile
`battery is connected” and (2) “that the positive and negative polarities of the
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`automobile battery are not reversed,” i.e., “that the jumpstarter is ‘correctly
`connected to the automobile battery.’” Id.
`Further, Petitioner asserts that “a feedback circuit” according to
`Krieger corresponds to “a load detector circuit” according to limitation 1(b).
`Pet. 26.
`Based on the current record and for the reasons advanced by
`Petitioner and supported by Dr. Wood’s testimony, Petitioner establishes
`sufficiently for purposes of institution that Krieger discloses limitation 1(b).
`See Pet. 25–27; Ex. 1003 ¶¶ 81–83.
`(f)
`Limitation 1(c)
`Claim 1 recites “the microcontroller generating, when the jumpstarter
`is correctly connected to the automobile battery, an output signal.”
`Ex. 1001, 5:20–22.
`Petitioner contends that Krieger discloses limitation 1(c) because the
`microprocessor in Krieger’s microprocessor-controlled jump-starter system:
`(1)
`controls switch 12 “to supply power from the boosting
`battery 2 to the depleted automobile battery 11 when the
`microprocessor determines that the automobile battery is
`‘correctly connected’”;
`“provides output signals to activate the switch 12 into a
`conducting state”; and
`“can deactivate switch 12 to terminate the jump starting
`process when a fault is detected.”
`Pet. 27 (quoting Ex. 1005 ¶ 45).
`Based on the current record and for the reasons advanced by
`Petitioner and supported by Dr. Wood’s testimony, Petitioner establishes
`sufficiently for purposes of institution that Krieger discloses limitation 1(c).
`See Pet. 27–28; Ex. 1003 ¶ 84.
`
`(2)
`
`(3)
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`(g) Limitation 1(d)
`Claim 1 recites “switching circuitry, including at least one switch,
`to operatively connect the battery to the automobile battery when the
`microcontroller generates the output signal to supply a charging current
`to the automobile battery.” Ex. 1001, 5:23–27.
`Petitioner contends that Krieger discloses limitation 1(d) because
`Krieger’s microprocessor-controlled jump-starter system includes FET-
`based switch 12 that the microprocessor activates “to complete a boosting
`circuit between the boosting battery 2 and the depleted battery 11.”
`Pet. 28–29 (quoting Ex. 1005 ¶ 29). Further, Petitioner asserts that “the
`switch may include ‘a number [of] FETs 12a–12d connected in parallel with
`each other.’” Id. at 28 (alteration by Petitioner) (quoting Ex. 1005 ¶ 30).
`Based on the current record and for the reasons advanced by
`Petitioner and supported by Dr. Wood’s testimony, Petitioner establishes
`sufficiently for purposes of institution that Krieger discloses limitation 1(d).
`See Pet. 28–29; Ex. 1003 ¶ 85.
`(h)
`Preliminary Conclusion About Obviousness
`As discussed above, Petitioner’s analysis explains how Krieger
`teaches claim 1’s subject matter. See supra §§ III.D.2(a)–(g). Hence,
`Petitioner demonstrates a reasonable likelihood of prevailing in proving
`claim 1 unpatentable under § 103 as obvious over Krieger.
`3. DEPENDENT CLAIMS 2–7, 9–11, AND 18–20
`Claims 2–7, 9–11, and 18–20 depend directly or indirectly from
`claim 1. Ex. 1001, 5:28–40, 6:1–9, 6:25–31.
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`For claims 2–7, 9–11, and 18–20, Petitioner’s analysis explains how
`Krieger teaches each claim’s subject matter. See Pet. 29–39. Dr. Wood’s
`testimony supports Petitioner’s analysis. See Ex. 1003 ¶¶ 86–111.
`Based on the current record and for the reasons advanced by
`Petitioner and supported by Dr. Wood’s testimony, Petitioner establishes
`sufficiently for purposes of institution that Krieger teaches the subject matter
`of claims 2–7, 9–11, and 18–20. See Pet. 29–39; Ex. 1003 ¶¶ 86–111.
`Hence, Petitioner demonstrates a reasonable likelihood of prevailing in
`proving claims 2–7, 9–11, and 18–20 unpatentable under § 103 as obvious
`over Krieger.
`E. Alleged Obviousness over Krieger and Baxter: Claim 8
`Petitioner contends that claim 8 is unpatentable under § 103 as
`obvious over Krieger and Baxter. See Pet. 6, 39–41. Above, we provided an
`overview of Krieger. See supra § III.D.1. Below, we provide an overview
`of Baxter, and then we consider the obviousness issues. As explained
`below, Petitioner establishes sufficiently for purposes of institution that the
`combined disclosures in Krieger and Baxter teach claim 8’s subject matter.
`1. OVERVIEW OF BAXTER (EXHIBIT 1006)
`Baxter is a U.S. patent application publication titled “Low-Voltage
`Connection with Safety Circuit and Method for Determining Proper
`Connection Polarity,” filed on March 24, 2010, and published on July 8,
`2010. Ex. 1006, codes (12), (22), (43), (54). Baxter states that the invention
`relates “to batteries providing certain safety features.” Id. ¶ 3; see id. at
`code (57).
`Baxter explains that jumper cables “commonly used to connect two
`low-voltage (e.g. battery-powered) systems temporarily” may “result in
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`personal injury and equipment damage.” Ex. 1006 ¶ 5. For example, when
`“jump starting a car with” a depleted battery “using a car with a good
`battery,” a “spark may be created.” Id. If “the spark is in the vicinity of
`hydrogen gas commonly generated by car batteries, the spark can ignite the
`hydrogen gas to explosive effect.” Id. Further, “connecting a jumper cable
`set backward (i.e. with polarity of
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