Paper 1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`––––––––––––––
`
`
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`ROOFR INC.,
`Petitioner
`
`
`v.
`
`PICTOMETRY INTERNATIONAL CORP.,
`Patent Owner
`––––––––––––––
`
`IPR2023-00435
`Patent 10,648,800
`
`––––––––––––––
`
`PETITION FOR INTER PARTES REVIEW
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`

`

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`
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`TABLE OF CONTENTS
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`Page
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`PETITION FOR INTER PARTES REVIEW ........................................... 1
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`I.
`
`II.
`
`INTRODUCTION...................................................................... 1
`
`LEVEL OF SKILL IN THE ART................................................. 2
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`III. CLAIM CONSTRUCTION ......................................................... 2
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`IV. OVERVIEW OF THE ’800 PATENT ........................................... 2
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`V.
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`PROSECUTION OF THE ’800 PATENT ..................................... 5
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`VI. PRIORITY DATE OF THE ’800 PATENT ................................... 5
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`VII. PRIOR ART .............................................................................. 5
`
`A.
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`Pershing-789 .................................................................... 5
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`B. Abhyanker ....................................................................... 7
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`C.
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`Pictometry........................................................................ 9
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`D. Kennedy .........................................................................11
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`E.
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`Bailey .............................................................................14
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`VIII. DISCRETIONARY FACTORS ..................................................18
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`A.
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`B.
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`C.
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`The Prior Art Was Not Considered During Prosecution .........18
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`The General Plastic Factors Do Not Apply..........................21
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`Institution Should Not Be Denied Under Fintiv ....................21
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`IX. GROUND 1: PERSHING-789 AND ABHYANKER RENDER
`OBVIOUS CLAIMS 1-17 OF THE ’800 PATENT .......................24
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`A. Motivation To Combine Pershing-789 and Abhyanker ..........24
`
`B.
`
`C.
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`Claim 1 ...........................................................................27
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`Claim 2: The process of claim 1, further comprising
`providing visual access to one or more outline drawing
`corresponding to the roof structure of the building. ...............36
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`D. Claim 3: The process of claim 2, further comprising
`providing one or more length dimension on the outline
`drawing...........................................................................38
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`E.
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`Claim 4: The process of claim 3, wherein the length
`dimension is one or more of a perimeter of the roof
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`i
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`structure, a length of a ridge of the roof structure, a total
`length of ridges of the roof structure, a length of a valley
`of the roof structure, a total length of valleys of the roof
`structure, a length of a flashing of the roof structure, and
`a total length of flashings of the roof structure. .....................41
`
`F.
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`Claim 5: The process of claim 2, further comprising
`providing one or more area dimension on the outline
`drawing...........................................................................43
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`G. Claim 6: The process of claim 2, further comprising
`providing one or more pitch dimension on the outline
`drawing...........................................................................46
`
`H. Claim 7: The process of claim 2, further comprising
`providing one or more indicator of pitch direction on the
`outline drawing. ...............................................................48
`
`I.
`
`J.
`
`Claim 8: The process of claim 2, further comprising
`providing one or more non-dimensional attribute of the
`roof structure on the outline drawing. ..................................52
`
`Claim 9: The process of claim 2, further comprising,
`providing visual access to a nadir image from an imagery
`database corresponding to location coordinates of the
`building roof structure location, and wherein the outline
`drawing is super(cid:173) imposed on the nadir image. .....................54
`
`K. Claim 10 The process of claim 1, wherein the first image
`is taken from an overhead view with respect to the roof
`structure of the building. ...................................................57
`
`L.
`
`Claim 11 .........................................................................58
`
`M. Claim 12: The non-transitory computer memory of claim
`11, wherein said computer logic when executed by
`computer hardware causes the computer hardware to:
`provide visual access to one or more outline drawing
`corresponding to the roof structure of the building. ...............60
`
`N. Claim 13: The non-transitory computer memory of claim
`12, wherein said computer logic when executed by
`computer hardware causes the computer hardware to:
`provide at least one length dimension on the outline
`drawing...........................................................................60
`
`
`
`ii
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`O. Claim 14: The non-transitory computer memory of claim
`12, wherein said computer logic when executed by
`computer hardware causes the computer hardware to:
`provide visual access to a nadir image of an imagery
`database corresponding to location coordinates of the
`building roof structure location, and wherein the outline
`drawing is super-imposed on the nadir image. ......................61
`
`P.
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`Claim 15: The non-transitory computer memory of claim
`12, wherein said computer logic when executed by
`computer hardware causes the computer hardware to:
`provide one or more area dimension on the outline
`drawing...........................................................................61
`
`Q. Claim 16 The non-transitory computer memory of claim
`11, wherein the first image is taken from an overhead
`view with respect to the roof of the building.........................61
`
`R.
`
`Claim 17 .........................................................................61
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`X. GROUND 2: PERSHING-789, ABHYANKER AND
`PICTOMETRY RENDER OBVIOUS CLAIMS 9 AND 14 ............63
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`A. Claims 9 and 14 ...............................................................63
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`B. Motivation To Combine ....................................................64
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`XI. GROUND 3: KENNEDY, ABHYANKER AND BAILEY
`RENDER OBVIOUS CLAIMS 1-17 OF THE ’800 PATENT.........66
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`A. Motivation To Combine Kennedy and Abhyanker ................67
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`B. Motivation To Combine Kennedy, Abhyanker and Bailey .....69
`
`C.
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`Claim 1 ...........................................................................71
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`D. Claim 2: The process of claim 1, further comprising
`providing visual access to one or more outline drawing
`corresponding to the roof structure of the building. ...............75
`
`E.
`
`F.
`
`Claim 3: The process of claim 2, further comprising
`providing one or more length dimension on the outline
`drawing...........................................................................76
`
`Claim 4: The process of claim 3, wherein the length
`dimension is one or more of a perimeter of the roof
`structure, a length of a ridge of the roof structure, a total
`length of ridges of the roof structure, a length of a valley
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`iii
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`of the roof structure, a total length of valleys of the roof
`structure, a length of a flashing of the roof structure, and
`a total length of flashings of the roof structure. .....................77
`
`G. Claim 5: The process of claim 2, further comprising
`providing one or more area dimension on the outline
`drawing...........................................................................77
`
`H. Claim 6: The process of claim 2, further comprising
`providing one or more pitch dimension on the outline
`drawing...........................................................................79
`
`I.
`
`J.
`
`Claim 7: The process of claim 2, further comprising
`providing one or more indicator of pitch direction on the
`outline drawing. ...............................................................80
`
`Claim 8: The process of claim 2, further comprising
`providing one or more non-dimensional attribute of the
`roof structure on the outline drawing. ..................................82
`
`K. Claim 9: The process of claim 2, further comprising,
`providing visual access to a nadir image from an imagery
`database corresponding to location coordinates of the
`building roof structure location, and wherein the outline
`drawing is super(cid:173) imposed on the nadir image. .....................84
`
`L.
`
`Claim 10 The process of claim 1, wherein the first image
`is taken from an overhead view with respect to the roof
`structure of the building. ...................................................85
`
`M. Claim 11 .........................................................................85
`
`N. Claim 12: The non-transitory computer memory of claim
`11, wherein said computer logic when executed by
`computer hardware causes the computer hardware to:
`provide visual access to one or more outline drawing
`corresponding to the roof structure of the building. ...............87
`
`O. Claim 13: The non-transitory computer memory of claim
`12, wherein said computer logic when executed by
`computer hardware causes the computer hardware to:
`provide at least one length dimension on the outline
`drawing...........................................................................87
`
`P.
`
`Claim 14: The non-transitory computer memory of claim
`12, wherein said computer logic when executed by
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`iv
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`
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`computer hardware causes the computer hardware to:
`provide visual access to a nadir image of an imagery
`database corresponding to location coordinates of the
`building roof structure location, and wherein the outline
`drawing is super-imposed on the nadir image. ......................87
`
`Q. Claim 15: The non-transitory computer memory of claim
`12, wherein said computer logic when executed by
`computer hardware causes the computer hardware to:
`provide one or more area dimension on the outline
`drawing...........................................................................87
`
`R.
`
`Claim 16 The non-transitory computer memory of claim
`11, wherein the first image is taken from an overhead
`view with respect to the roof of the building.........................88
`
`S.
`
`Claim 17 .........................................................................88
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`XII. SECONDARY CONSIDERATIONS DO NOT SUPPORT A
`FINDING OF NON-OBVIOUSNESS..........................................89
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`XIII. MANDATORY DISCLOSURES ................................................90
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`A. Real Party in Interest ........................................................90
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`B.
`
`C.
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`Related Matters ................................................................90
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`Lead and Back-Up Counsel (37 C.F.R. § 42.8(b)(3)) and
`Service Information (37 C.F.R. § 42.8(b)(3)-(4)) ..................90
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`D.
`
`Payment of Fees (37 C.F.R. § 42.15(a))...............................91
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`XIV. CONCLUSION ........................................................................91
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`IPR2023-00435
`Patent 10,648,800
`
`
`
`Petition
`
`
`LIST OF EXHIBITS
`
`Description
`Exhibit
`Ex. 1001 U.S. Patent No. 10,648,800 (“’800 patent”)
`
`Ex. 1002 File History of the ’800 patent
`Ex. 1003 Expert Declaration of Tony Cummings
`
`Ex. 1004 U.S. Pat. Pub. No. 2008/0262789 A1 (“Pershing-789”)
`Ex. 1005 U.S. Pat. Pub. No. 2007/0220174 A1 (“Abhyanker”)
`Ex. 1006 U.S. Pat. Pub. No. 2008/0231700 A1 (“Schultz”)
`
`Ex. 1007 Airborne Digital Imaging Technology: A New Overview,
`Petrie et al., The Photogrammetric Record 11(119): 203-225
`(September 2007) (“Petrie”)
`Ex. 1008 Pictometry: aerial photography on steroids, LET Staff, Law
`Enforcement Technology (July 2002) (“Pictometry”)
`
`Ex. 1009 U.S. Pat. Pub. No. 2009/0304227 A1 (“Kennedy”)
`Ex. 1010 Roofer: Steep Roofing Inventory Procedures And Inspection
`And Distress Manual For Asphalt Shingle Roofs, David M.
`Bailey, U.S. Army Corps of Engineers, CERL Tech. Rept.
`(December 1999) (“Bailey”)
`Ex. 1011 04/17/2008 Drawings From File History of Pershing-789
`Ex. 1012 Declaration of Sylvia Hall-Ellis
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`IPR2023-00435
`Patent 10,648,800
`
`
`
`Petition
`
`
`GROUNDS OF CHALLENGE (37 C.F.R. § 42.204(b)(2))
`
`No.
`1
`
`2
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`3
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`
`
`Ground for Challenge
`Pershing-789 And Abhyanker Render Obvious Claims 1-17
`Of The ’800 Patent
`Pershing-789, Abhyanker And Pictometry Render Obvious
`Claims 9 And 14 Of The ’800 Patent
`Kennedy And Abhyanker Render Obvious Claims 1-17 Of
`The ’800 Patent
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`IPR2023-00435
`Patent 10,648,800
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`
`
`Petition
`
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`LIST OF CHALLENGED CLAIMS
`
`Claim
`Claim 1a: A process, comprising:
`
`Claim 1b: receiving first location data;
`Claim 1c: providing visual access to a first image corresponding to the
`first location data, the first image including a roof structure of a building;
`
`Claim 1d: providing a first computer input capable of signaling a
`designation from a user of a building roof structure location within the
`first image, wherein the building roof structure location is a geographic
`position of the building roof structure and is different than the first
`location data;
`
`Claim 1e: receive a designation of the building roof structure within the
`first image;
`Claim 1f: responsive to receiving the designation of the building roof
`structure location, providing a second computer input capable of signaling
`user-acceptance of the building roof structure location within the first
`image, wherein user-acceptance is one or more affirmative steps
`undertaken by the user to confirm the designation of the building roof
`structure location; and
`Claim 1g: subsequent to receiving the user-acceptance confirming the
`designation of the building roof structure location, providing a report for
`the building roof structure.
`
`Claim 2: The process of claim 1, further comprising providing visual
`access to one or more outline drawing corresponding to the roof structure
`of the building.
`Claim 3: The process of claim 2, further comprising providing one or
`more length dimension on the outline drawing.
`
`Claim 4: The process of claim 3, wherein the length dimension is one or
`more of a perimeter of the roof structure, a length of a ridge of the roof
`structure, a total length of ridges of the roof structure, a length of a valley
`of the roof structure, a total length of valleys of the roof structure, a length
`of a flashing of the roof structure, and a total length of flashings of the
`roof structure.
`
`Claim 5: The process of claim 2, further comprising providing one or
`more area dimension on the outline drawing.
`
`
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`IPR2023-00435
`Patent 10,648,800
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`Petition
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`Claim
`Claim 6: The process of claim 2, further comprising providing one or
`more pitch dimension on the outline drawing.
`
`Claim 7: The process of claim 2, further comprising providing one or
`more indicator of pitch direction on the outline drawing.
`Claim 8: The process of claim 2, further comprising providing one or
`more non-dimensional attribute of the roof structure on the outline
`drawing.
`Claim 9: The process of claim 2, further comprising, providing visual
`access to a nadir image from an imagery database corresponding to
`location coordinates of the building roof structure location, and wherein
`the outline drawing is super(cid:173) imposed on the nadir image.
`
`Claim 10: The process of claim 1, wherein the first image is taken from
`an overhead view with respect to the roof structure of the building.
`Claim 11a: A non-transitory computer memory storing computer logic,
`that when executed by computer hardware causes the computer hardware
`to:
`
`Claim 11b: receive first location data generally corresponding to a
`geographic location of a building;
`Claim 11c: provide visual access to a first image corresponding to the first
`location data, the first image including a roof structure of the building;
`
`Claim 11d: provide a first computer input capable of signaling a
`designation from a user of a building roof structure location within the
`first image, wherein the building roof structure location is a geographic
`position of the building roof structure and is different than the first
`location data;
`
`Claim 11e: receive the designation of the building roof structure location;
`Claim 11f: responsive to receiving the designation of the building roof
`structure location, provide a second computer input capable of signaling
`user-acceptance of the building roof structure location within the first
`image, wherein user-acceptance is one or more affirmative steps
`undertaken by the user to confirm the designation of the building roof
`structure location; and
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`IPR2023-00435
`Patent 10,648,800
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`
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`Petition
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`
`Claim
`Claim 11g: subsequent to receiving the user-acceptance confirming the
`designation of the building roof structure location, providing a report for
`the building roof structure.
`Claim 12: The non-transitory computer memory of claim 11, wherein said
`computer logic when executed by computer hardware causes the computer
`hardware to: provide visual access to one or more outline drawing
`corresponding to the roof structure of the building.
`
`Claim 13: The non-transitory computer memory of claim 12, wherein said
`computer logic when executed by computer hardware causes the computer
`hardware to: provide at least one length dimension on the ou tline drawing.
`Claim 14: The non-transitory computer memory of claim 12, wherein said
`computer logic when executed by computer hardware causes the computer
`hardware to: provide visual access to a nadir image of an imagery database
`corresponding to location coordinates of the building roof structure
`location, and wherein the outline drawing is super-imposed on the nadir
`image.
`Claim 15: The non-transitory computer memory of claim 12, wherein said
`computer logic when executed by computer hardware causes the computer
`hardware to: provide one or more area dimension on the outline drawing.
`Claim 16: The non-transitory computer memory of claim 11, wherein the
`first image is taken from an overhead view with respect to the roof of the
`building.
`
`Claim 17a: A method, comprising:
`Claim 17b: receiving, by a user, visual access to a first image of a region
`corresponding to first location data, the first image including a roof
`structure of a building;
`
`Claim 17c: signaling, by the user, a designation from the user of a
`building roof structure location within the first image, wherein the
`building roof structure location is a geo(cid:173)graphic position of the building
`roof structure and is different than the first location data;
`Claim 17d: signaling, by the user, user-acceptance of the building roof
`structure location within the first image, wherein user-acceptance is one or
`more affirmative steps undertaken by the user to confirm the designation
`of the building roof structure location; and
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`IPR2023-00435
`Patent 10,648,800
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`
`
`Petition
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`Claim
`Claim 17e: subsequent to signaling the user-acceptance confirming the
`designation of the building roof structure location, receiving a report for
`the building roof structure; and
`Claim 17f: repairing or constructing a roof designated by the building
`roof structure location.
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`IPR2023-00435
`Patent 10,648,800
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`I.
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`INTRODUCTION
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`Petition
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`For many decades, roofers used age-old measurement techniques to
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`generate estimates for roof repair and replacement. These techniques include
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`estimated dimensions such as length, roof area and roof pitch which allow
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`roofers to approximate the size of a roof and, consequently, the amount of
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`materials needed for a given project. The ’800 patent claims nothing more
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`than applying these well-known measurement techniques to aerial images of
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`roofs stored on a computer, rather than sending workers to make estimates by
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`hand.
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`But even the computer automation recited in the ’800 patent claims is
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`not new. The prior art disclosed such automation before the ’800 invention.
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`For example, Pershing-789, published on October 23, 2008, expressly
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`discloses generating roofing estimates using such aerial imagery. As
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`described below, the prior art expressly teaches each and every element
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`recited in the challenged claims. Accordingly, claims 1-17 of the ’800 patent
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`should be found unpatentable.
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`IPR2023-00435
`Patent 10,648,800
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`II. LEVEL OF SKILL IN THE ART
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`Petition
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`A person of ordinary skill in the art at the time of the alleged invention
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`would have bachelor’s degree in architecture or an equivalent with at least
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`five years of experience performing roof estimation. This level of skill is
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`approximate, and more experience would compensate for less formal
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`education, and vice versa. Ex. 1003 at ¶ 1-7.
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`III. CLAIM CONSTRUCTION
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`Petitioner submits that express interpretations of the challenged claims
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`of the ’800 patent are not necessary, as the challenged claims are rendered
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`unpatentable by the cited art under any reasonable interpretation of the claims.
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`Petitioner takes no position in this petition as to whether the claims are
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`indefinite, and no statements herein should be interpreted to mean that the
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`terms are definite. Ex. 1003 at ¶ 15.
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`IV. OVERVIEW OF THE ’800 PATENT
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`The ’800 patent is generally directed towards a “system and process for
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`roof measurement” using an image of a roof. Ex. 1003 at ¶¶ 16-21; Ex. 1001
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`at Abstract. The challenged claims generally recite: (1) receiving a location;
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`(2) providing an image of the location; (3) providing an input for a user to
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`select a roof within the image; (4) receiving the user selection; (5) providing
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`IPR2023-00435
`Patent 10,648,800
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`an input for the user to confirm the selection; and (6) providing a “report” for
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`Petition
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`the selected roof. Ex. 1001 at claim 1.
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`The specification of the ’800 patent includes exemplary flow charts
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`describing the alleged invention. Id. at 1:66-2:4. For example, Figure 3
`
`embodies the steps recited in claim 1.
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`
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`Ex. 1001 at Fig. 3. At the first step “location data . . . is entered.” Id.
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`at 11:39. Then, corresponding “[a]erial imagery with a marker is provided.”
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`Id. at 11:39-40. These steps are shown in Figs. 4A and 4B:
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`3
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`IPR2023-00435
`Patent 10,648,800
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`Petition
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`Ex. 1001 at Figs. 4A-B. As shown in the figure above, the location may
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`be the address of a house or a building with a roof to be measured.
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`Next, a “person moves the marker on the image of the building.” Id. at
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`11:40-41. Then, a user signals “acceptance of that marker position”—in other
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`words, the user confirms their selection. Id. at 11:41-42. These steps are
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`shown in Figs. 4C and 4D, highlighted below:
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`Id. at Figs. 4C-D. Finally, a “report” may be delivered (id. at 7:35-39)
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`including “one or more pages or screen shots, or both, made available to a
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`IPR2023-00435
`Patent 10,648,800
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`user including aerial imagery and/or data from such imagery.” Id. at 4:36-39.
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`Petition
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`According to the specification, these steps may all be performed using routine
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`computer processes (e.g., mouse clicks or check boxes). Id. at 3:12-15, 10:19-
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`22.
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`V.
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`PROSECUTION OF THE ’800 PATENT
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`The application that led to the ’800 patent was filed on February 1,
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`2019. The Examiner issued a Notice of Allowance less than a year later, on
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`January 10, 2020, without issuing a single rejection. Ex. 1002; Ex. 1003 at ¶
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`22.
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`VI. PRIORITY DATE OF THE ’800 PATENT
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`The earliest application to which the ’800 patent claims priority is U.S.
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`Pat. No. 8,401,222 filed on May 22, 2009. As discussed in the next section,
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`all of the references relied upon in the Grounds in this petition qualifies as
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`prior art if the ’800 patent is given a priority date of May 22, 2009. Ex. 1003
`
`at ¶ 23.
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`VII. PRIOR ART
`
`A.
`
`Pershing-789
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`U.S. Pat. Pub. No. 2008/0262789 A1 (“Pershing-789”) is a U.S. Patent
`
`Publication published on October 23, 2008. Accordingly, Pershing-789
`
`qualifies as prior art to the ’800 patent under pre-AIA § 102(a). Pershing-789
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`5
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`IPR2023-00435
`Patent 10,648,800
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`discloses a “system that allows the remote measurement of the size, geometry,
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`Petition
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`pitch and orientation of the roof…and then uses the information to provide an
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`estimate to repair or replace the roof, or to install equipment thereon.” Ex.
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`1004 at Abstract, [0003]; Ex. 1003 at ¶¶ 24-26.
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`Pershing-789 discloses receiving first location data, such as an address
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`(Ex. 1004 at [0011]), and displaying an aerial image of the address in question
`
`to enable roof measurement:
`
`The software program 50 is linked to an aerial image file
`database 52 that contains aerial images files 54 of various
`building 92 in a region. The aerial image files 54 may be taken
`any available means, such as an aircraft, balloon, a satellite, etc.
`As shown in FIG. 3, the image files 54 typically include at least
`one a top plan view 65 and a perspective view 66 of the building
`92.
`
`Id. at [0022] (emphasis added). Pershing-789 discloses, after taking
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`measurements of the roof in question, generating a report: “From these
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`determinations, the overall shape, slopes and square footage of the roof
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`sections are determined and a report is produced.” Ex. 1004 at [0012]
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`(emphasis added). An exemplary report is shown in Figure 5C:
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`IPR2023-00435
`Patent 10,648,800
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`Petition
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`Ex. 1004 at Fig. 5C; id. at [0038].
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`B. Abhyanker
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`
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`U.S. Pat. Pub. No. 2007/0220174 A1 (“Abhyanker”) is a U.S. Patent
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`Publication published on September 20, 2007. Accordingly, Abhyanker
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`qualifies as prior art to the ’800 patent under pre-AIA § 102(b). Abhyanker
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`discloses a system that allows “marker placement in a mapping
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`IPR2023-00435
`Patent 10,648,800
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`environment.” Ex. 1005 at Abstract (emphasis added). Abhyanker discloses
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`Petition
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`that its mapping environment may include, e.g., “aerial photography over
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`neighborhoods and/or places in a terrestrial environment (e.g., the Earth).”
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`Ex. 1004 at [0005] (emphasis added). Abhyanker teaches a “marker” (e.g., a
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`pushpin, an indicator, a pointer, a pin, etc.) may be placed on a landmark in
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`the aerial image by an algorithm. Id. at [0004].
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`Abhyanker notes that, in some cases, an algorithm may not correctly
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`place the marker. Abhyanker explains that the algorithm may mistakenly
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`“place [a] marker nearby, but not precisely on, a correct rooftop” or other
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`landmark. Id. at [0005]. This glitch may cause problems because, for
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`example, a misplaced marker may result in incorrect driving directions and
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`would result in customer disappointment. Id.
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`Abhyanker teaches remedying marker misplacement by allowing a user
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`to “drag and drop” a market to a corrected location:
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`Furthermore, the method may include applying a drag and drop
`algorithm that enables the user to sequentially and/or
`concurrently relocate markers in the mapping environment,
`iteratively performing additional verifications when any
`particular marker has been previously moved[.]
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`Ex. 1005 at [0011] (emphasis added). Abhyanker further teaches that,
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`once the marker has been placed by a user, the user may “lock” the location
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`of a marker, confirming its placement:
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`The locking module 220 may process a marker locking request
`when the particular user claims the wiki profile associated with
`the address data. In addition, the locking module 220 may enable
`the user(s) to control the future relocation of the marker in the
`mapping environment.
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`Id. at [0064] (emphasis added); Ex. 1003 at ¶¶ 27-30.
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`C.
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`Pictometry
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`Pictometry: aerial photography on steroids, LET Staff, Law
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`Enforcement Technology (July 2002) (“Pictometry”) is a printed publication
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`published on July 2002. Accordingly, Pictometry qualifies as prior art to
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`the ’800 patent under pre-AIA § 102(b). Ex. 1003 at ¶ 31.
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`Pictometry is a printed publication. As set forth in the accompanying
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`declaration of Dr. Hall-Ellis, Pictometry qualifies as a printed publication
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`because it was published in July 2002 and publicly available on or shortly
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`after July 18, 2002 at the University of Wisconsin – Madison Libraries.
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`Specifically, Dr. Hall-Ellis personally obtained a copy of Pictometry from the
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`University of Wisconsin, examined its date stamp and further verified through
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`its MARC records that it was available no later than July 18, 2002. Ex. 1012
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`at ¶¶ 59-65. As a publication of the journal titled Law Enforcement
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`Petition
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`Technology from the University of Wisconsin – Madison Libraries,
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`Pictometry is inherently reliable and trustworthy. Indeed, Pictometry was
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`made available on the U.S. Department of Justice, Office of Justice Programs
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`(OJP) website. See, e.g., Ericsson Inc. v. Intellectual Ventures I LLC, IPR
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`2014-00527, Paper 41 at 11-12 (PTAB May 18, 2015) (“[a]llowing IPR
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`petitioners to rely on” publication dates from well-known sources “serves
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`the interests of justice”).
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`Pictometry is also authentic. As noted above, Dr. Hall-Ellis obtained
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`a copy from the University of Wisconsin—this is the same copy relied upon
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`in this petition. Dr. Hall-Ellis confirmed the authenticity of this reference
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`by comparing the attached copy to the version she obtained from the
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`University of Wisconsin. Dr. Hall-Ellise confirmed that Pictometry is
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`complete, with no pages missing and no alterations. Ex. 1012 at ¶ 56. It is
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`also located in a place “a copy of this journal would likely be.” Id.
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`Pictometry discloses a program that allows users to annotate aerial
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`photographs. See, generally Ex. 1008. Pictometry teaches that a variety of
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`aerial photographs can be taken, and that users can “zoom, measur[e]…and
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`annotate[e]” these images. Id. at 115. Pictometry teaches a “distance tool”
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`which allows a user to measure things contained within the image. Id. at 116.
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`Petition
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`Pictometry specifically teaches drawing lines around a “parcel” to learn the
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`square footage and area of a region. Id. Pictometry’s tool can also be used
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`for “measuring angles.” Id. at 116.
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`D. Kennedy
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`U.S. Pat. Pub. No. 2009/0304227 A1 (“Kennedy”) is a U.S. Patent
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`Publication published on December 10, 2009 claiming priority to provisional
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`applications filed February 1, 2008 and April 22, 2008. Ex. 1003 at ¶¶ 32-35.
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`Accordingly, Kennedy qualifies as prior art to the ’800 patent under pre-AIA
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`§ 102(e). Kennedy teaches a computer implemented method for generating a
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`roof estimate. Kennedy teaches a “roof estimating software program.” Ex.
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`1009 at Abstract. Kennedy teaches displaying an aerial image of a building
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`having a roof comprising a plurality of planar roof sections that each have a
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`corresponding pitch. Kennedy teaches that some embodiments of the system
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`“include a sizing tool for determining the size, geometry, and pitch of the roof
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`sections of a building being displayed.” Ex. 1009 at Abstract. This is shown,
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`for example, in Figure 36:
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`Id. at Fig. 36. Kennedy discloses a sizing subsystem with a “sizing tool” that
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`can be used to determine pitch:
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`
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`In one embodiment of the invention, a graphical user interface
`(best illustrated in FIGS. 8-9) cooperates with sizing subsystem
`500 of system 100 to implement a sizing tool enabling user 107
`to determine surface dimensions and pitch of a surface, for
`example a roof 191 of a house appearing in the retrieved image
`153. Thus there is no need to physically visit the installation site
`to make measurements and perform sizing calculations.
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`Id. at [0058] (emphasis added).
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`In one embodiment, Kennedy’s “sizing subsystem” includes an
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`“interactive measuring tool…for use in sizing surfaces such as roof of house
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`600 in Fig. 6.” Id. at [0105] (emphasis added). The sizing tool is shown, for
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`example, in Figure 11:
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`Id. at Fig. 11 (annotated). Kennedy explains that its measuring tool is
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`“rotatable and scalable by a user 507 to align at least two sides of the tool an
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`image [sic] of an object to be measured, for example a roof surface to be
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`measured.” Id. at [0105]. Kennedy further explains that “an orientation of
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`measuring tool with respect to axes 670 [the x/y/z axis] is determined.” Id. at
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`[0108].
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`Kennedy makes clear that the sizing tool is “superimposed” over an
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