`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`
`EARLY WARNING SERVICES, LLC
`Petitioner
`
`v.
`
`WEPAY GLOBAL PAYMENTS LLC
`Patent Owner
`
`_______________________
`
`
`
`Patent No. D. 930,702 S
`Issue Date: Sep. 14, 2021
`Title: DISPLAY SCREEN PORTION WITH
`ANIMATED GRAPHICAL USER INTERFACE
`
`_______________________
`
`Case No. PGR2022-00031
`____________
`
`DECLARATION OF GONZALO R. ARCE, PH.D.
`
`1
`
`Samsung, Exh. 1002, p. 1
`
`
`
`I, Gonzalo R. Arce, declare as follows:
`
`I.
`
`Introduction
`
`1.
`
`I have been retained by Early Warning Services, LLC (“Petitioner”)
`
`as an independent expert to opine on the design claimed in U.S. Patent No. D.
`
`930,702 S (the “’702 Patent”) (Ex. 1001), which identifies Wepay Global
`
`Payments LLC as its assignee (“Patent Owner”).
`
`2.
`
`I am being compensated at a rate of $395.00 per hour in this matter.
`
`No part of my compensation is dependent on the outcome of this proceeding, and I
`
`have no other interest in this proceeding.
`
`3.
`
`I understand that Petitioner is challenging the validity of the ’702
`
`Patent and is contemporaneously filing a petition for post grant review (“Petition”)
`
`with this Declaration. In the Petition, I understand that Petitioner raises four
`
`grounds on which the ’702 Patent is invalid based on five references alone or in
`
`combination with one another. The five references are:
`
`Exhibit
`
`Reference
`
`Publication
`Date
`
`1004
`
`US Patent Application Publication No. 2018/0260806
`(“Reddy”)
`
`Sept. 13,
`2018
`
`
`
`2
`
`Samsung, Exh. 1002, p. 2
`
`
`
`Exhibit
`
`1005
`
`1006
`
`1007
`
`Reference
`
`YouTube video entitled “SGQR – Singapore Quick
`Response Code,” uploaded by the Monetary Authority of
`Singapore (“SGQR”). Retrieved from the Internet at
`https://www.youtube.com/watch?v=1VmJm9imBp4&t=3s
`(screen captures at Ex. 1005)
`
`Publication
`Date
`
`Sept. 17,
`2018
`
`YouTube video entitled “GrabPay Standalone,” uploaded
`by DCS Synthesis (“GrabPay”). Retrieved from the
`Internet at
`https://www.youtube.com/watch?v=bc84sn1xTRc (screen
`captures at Ex. 1006).
`
`March 21,
`2020
`
`YouTube video entitled “Digital Debit App Preview,”
`uploaded by Digital Debit (“Digital Debit Video”).
`Retrieved from the Internet at
`https://www.youtube.com/watch?v=tDqvQFJB8GA
`(screen captures at Ex. 1007).
`
`Nov. 20,
`2017
`
`1008
`
`U.S. Patent No. D857,054 to Grecia (“Digital Debit
`Patent”)
`
`Aug. 20,
`2019
`
`
`
`4.
`
`I understand that Petitioner raises the following specific grounds of
`
`invalidity:
`
`Ground Statutory
`Basis
`
`Reference(s)
`
`1
`
`2
`
`
`
`§ 102 Anticipated by Reddy.
`
`§ 103 Obvious over Reddy alone, or in view of SGQR.
`
`3
`
`Samsung, Exh. 1002, p. 3
`
`
`
`3
`
`4
`
`§ 102 Anticipated by GrabPay.
`
`§ 103 Obvious over Digital Debit Video in view of the Digital
`
`Debit Patent
`
`5.
`
`I have been asked to consider the Section 102 (anticipation) and
`
`Section 103 (obviousness) arguments raised by Petitioner in Grounds 1-4 of the
`
`Petition. My opinions are set forth below.
`
`II. Qualifications
`
`6. My curriculum vitae is provided at Exhibit 1034.
`
`7.
`
`I am a professor at the University of Delaware (UDEL), where I
`
`currently hold the title of Charles Black Evans Distinguished Professor of
`
`Electrical and Computer Engineering and the J.P. Morgan Chase Senior Faculty
`
`Fellow in the Institute of Financial Services Analytics. I have a Bachelor’s degree
`
`in Electrical Engineering from the University of Arkansas (1979) and Master’s
`
`(1980) and Doctoral (1982) degrees in Electrical Engineering from Purdue
`
`University.
`
`8.
`
`I was twice awarded the Fulbright-Nokia Distinguished Chair in
`
`Information and Communications Technologies at Aalto University in Helsinki
`
`Finland (2010-2011 and 2017-2018). I also was elected member of the Arkansas
`
`Academy of Engineering and received the National Science Foundation (NSF)
`
`Research Initiation Award. I was elevated to Fellow of the Institute of Electrical
`
`
`
`4
`
`Samsung, Exh. 1002, p. 4
`
`
`
`and Electronic Engineers (IEEE), Fellow of the Center for Advanced Studies at the
`
`University of Delaware, and Fellow of the International Society for Optics and
`
`Photonics (SPIE) for contributions to nonlinear signal processing and
`
`computational imaging. Additionally, I have received Best Paper Awards from the
`
`Army Research Laboratory’s (ARL) ATIRP Federated Laboratory Symposium and
`
`the Rehabilitation Engineering Society of North America (RESNA) from the
`
`Whitaker Foundation.
`
`9. My current research interests include computational imaging, image
`
`processing, coded aperture optimization, and compressive spectral imaging
`
`research and development. I have extensive experience in image processing and its
`
`applications, with close to forty years of research in the field, including research
`
`and development in advanced QR code design encoding and decoding algorithms.
`
`In the general area of image and signal processing I have published over five
`
`hundred journal and conference papers in top venues of the Institute of Electrical
`
`and Electronics Engineers (IEEE), the International Society for Optics and
`
`Photonics (SPIE), and the Optical Society (OPTICA).
`
`10.
`
`I have served as principal investigator of a number of multi-
`
`investigator research programs including the Office of Naval Research (ONR)
`
`compressive spectral imaging program aimed at developing the theory and
`
`experimental testbed for a spectrally-selective imaging system that employed
`
`
`
`5
`
`Samsung, Exh. 1002, p. 5
`
`
`
`hyperspectral imaging, the Army’s Collaborative Technical Alliance on
`
`Communications and Networks, and the ARL Federated Laboratory on
`
`Information Distribution and Communication Networks. My research in image and
`
`signal processing technologies has been supported by the National Science
`
`Foundation (NSF), the Army Research Office (ARO), the Army Research
`
`Laboratory (ARL), NASA, ONR, and industrial corporations such as Intel and
`
`DuPont. I served as Editor and Guest-Editor of several scientific journal
`
`publications of the IEEE, OSA, and SPIE. I have been invited to give plenary
`
`technical talks at several international conferences, and as distinguished speaker at
`
`many universities and government laboratories. Additionally, I am the author of
`
`four books in the areas of imaging and signal processing.
`
`11. My research and development in QR code technology has focused on
`
`developing new types of QR code embedding to aesthetically improve the visual
`
`quality of QR codes, so that these can be more effectively used in advertising and
`
`ecommerce in general. I have developed intellectual property for fast encoding and
`
`decoding methods to embed imagery into QR codes, without sacrificing the
`
`decoding reliability using standard decoding software available in smart phones
`
`and cameras. I have published two scientific journal papers on QR code image
`
`embedding, coding and decoding. I have been awarded several US patents in
`
`various aspects of this technology.
`
`
`
`6
`
`Samsung, Exh. 1002, p. 6
`
`
`
`12. As part of the research and development I carry in signal and image
`
`processing, I have designed several graphical user interfaces (GUI), including a
`
`GUI to demonstrate the capabilities and the use of the advanced QR codes we have
`
`developed in my research laboratory. The GUIs designed for our products often
`
`aim at simplicity, so that the users find the use of the interface simple. At the same
`
`time, the GUIs are designed such that the product’s functionality can be utilized by
`
`the user using simple input commands.
`
`13. Through the projects that I have been involved in, I have worked with
`
`many engineers and computer scientists having bachelors, masters, and doctoral
`
`degrees. I have also taught numerous graduate, undergraduate, and industry
`
`seminars in image and signal processing. Additionally, I have supervised the
`
`research of Master’s and Ph.D candidates as well as that of undergraduate students.
`
`That supervision has included directing over forty Ph.D dissertations with four of
`
`these winning the Allan P. Colburn Prize Award given to the best Dissertation in
`
`Science and Engineering at the University of Delaware.
`
`14. All of my opinions herein are based on the documents I reviewed and
`
`my knowledge and professional experience. In forming these opinions, I
`
`considered the Petition, the ’702 Patent and its prosecution history, and the other
`
`exhibits cited in the Petition, and the other exhibits cited in this declaration.
`
`
`
`
`
`7
`
`Samsung, Exh. 1002, p. 7
`
`
`
`III. The ’702 Patent (Ex. 1001)
`
`15. The ’702 Patent purports to claim an “ornamental design for a display
`
`screen portion with animated graphical user interface, as shown and described.”
`
`Ex. 1001, Claim. The ’702 Patent includes five figures, reproduced below,
`
`showing two embodiments of the claimed graphical user interface (GUI) design.
`
`’702 Patent
`
`
`
`
`
`First Embodiment
`
`
`
`
`Second
`Embodiment
`
`
` FIG. 1 FIG. 2
`
`
`
`
`
` FIG. 3 FIG. 4 FIG. 5
`
`
`
`
`
`16. As shown above, almost everything in the figures is shown in broken
`
`lines, which the ’702 Patent describes as “forming no part of the claimed design.”
`
`Ex. 1001, Description (emphasis added). The only thing shown in solid lines and
`
`claimed in the figures is an arrangement of three solid squares, one in the upper left
`
`
`
`8
`
`Samsung, Exh. 1002, p. 8
`
`
`
`corner, one in the upper right corner, and one in the lower left corner (referred to in
`
`this Petition as the “Three Square Arrangement”) followed by the numerical value
`
`“$0.00.” As demonstrated in this Petition, the Three Square Arrangement is a
`
`standard component in conventional QR codes, and the $0.00 is the ubiquitous way
`
`of displaying a value of no dollars and no cents in U.S. currency.
`
`17.
`
`It is my view that there is nothing inventive about the ’702 Patent’s
`
`claimed design. As just one example, U.S. Patent Application Publication No.
`
`2018/0260806 to Reddy et al. (Ex. 1004, “Reddy”) published more than a year
`
`before the ’702 Patent’s filing date and discloses an animated GUI that has
`
`substantially the same overall appearance as the ’702 Patent, including a Three
`
`Square Arrangement followed by $0.00.1
`
`
`1 Yellow highlighting and red lines have been added for emphasis to some figures
`
`contained herein.
`
`
`
`9
`
`Samsung, Exh. 1002, p. 9
`
`
`
`
`
`Reddy
`(Figs. 9, 12)
`
`Prior Art
`
`
`
`
`’702 Patent
`(Figs. 1, 2)
`
`
`
`
`
`
`
`
`
`
`
`18.
`
`It is my understanding that the ’702 Patent was filed on September 3,
`
`2020 as application number 29/749,131 (the “’131 Application”) and issued
`
`September 14, 2021. Ex. 1001 at 1. The ’702 Patent has a single claim for the
`
`“ornamental design for a display screen portion with animated graphical user
`
`interface, as shown and described.” Ex. 1001 at 1. The ’702 Patent includes five
`
`figures, with FIGS. 1-2 describing a “First Embodiment” and FIGS. 3-5 describing
`
`a “Second Embodiment.” Ex. 1001 at 1. The ’702 Patent states that in the First
`
`Embodiment, “the appearance of the transitional image sequentially transitions
`
`between the image shown in FIGS. 1 through 2,” and that in the Second
`
`Embodiment, “the appearance of the transitional image sequentially transitions
`
`
`
`10
`
`Samsung, Exh. 1002, p. 10
`
`
`
`between the images shown in FIGS. 3 through 5.” Ex. 1001 at 1. The ’702 Patent
`
`further states that “[t]he process or period in which one image transitions to
`
`another image forms no part of the claimed design.” Ex. 1001 at 1.
`
`19. Both embodiments in the ’702 Patent simply show an animated GUI
`
`displaying an image including a Three Square Arrangement followed by an image
`
`including a $0.00:
`
`
`
`
`
`First Embodiment
`
`
`
`
`Second Embodiment
`
`’702 Patent
`
`
` FIG. 1 FIG. 2
`
`
`
`
`
` FIG. 3 FIG. 4 FIG. 5
`
`
`
`
`
`20. Everything else in FIGS. 1-5 is shown in broken lines, including the
`
`display screen, the text, and other portions of the GUI. The display screen and the
`
`
`
`11
`
`Samsung, Exh. 1002, p. 11
`
`
`
`entirety of the GUI shown in FIG. 4 is shown in broken lines. The ’702 Patent
`
`states that the items shown in broken lines, including the display screen, the text,
`
`and the other portions of the GUI, form “no part of the claimed design”:
`
`The broken line showing of a portion of a display screen
`
`and a computer device in FIGS. 1 through 5 forms no part
`
`of the claimed design. The broken line showing of text and
`
`portions of the graphical user interface in FIGS. 1 through
`
`5 represents environmental subject matter and forms no
`
`part of the claimed design.
`
`Ex. 1001 at 1.
`
`21. The only difference between the First and Second Embodiments is
`
`that the Second Embodiment includes an additional image (FIG. 4) between the
`
`image including the Three Square Arrangement (FIG. 3) and the image including
`
`the $0.00 (FIG. 5). In my view, this difference is immaterial to the scope of the
`
`’702 Patent because the entirety of FIG. 4 is shown in unclaimed broken lines.
`
`Because everything in FIG. 4 is shown in broken lines and is unclaimed, no
`
`additional design elements are added by FIG. 4, and it is my view that the claimed
`
`designs of the two embodiments are basically the same, i.e., obvious variants of
`
`one another. I understand that during prosecution of the ’131 Application, the
`
`examiner reached the same conclusion.
`
`22.
`
`In summary, the First Embodiment shows that the display of the Three
`
`Square Arrangement may be immediately followed by the display of the $0.00.
`
`
`
`12
`
`Samsung, Exh. 1002, p. 12
`
`
`
`The Second Embodiment shows that an additional intermediate image may be
`
`displayed between the Three Square Arrangement and the $0.00, but it is my view
`
`that the visual appearance of the intermediate image is irrelevant since FIG. 4 is
`
`shown entirely in broken lines. The only features shown in solid lines and claimed
`
`as part of the ’702 Patent’s alleged design is an animated GUI that displays an
`
`image including the Three Square Arrangement and subsequently an image
`
`including a $0.00.
`
`IV. Prior Art Overview
`
`23.
`
`It is my view that everything claimed in the ’702 Patent’s design was
`
`known in the prior art before the effective filing date of the ’702 Patent. The ’702
`
`Patent simply claims a standard component of a QR code (the Three Square
`
`Arrangement) followed by a $0.00. As I discuss below, QR codes have been in
`
`widespread use for over a decade, and their use on prior art GUI devices is
`
`common. The dollar sign ($) and the amount $0.00 have been used for centuries,
`
`and its use is also widespread in prior art GUI devices.
`
`Three Square Arrangement
`
`24. The Three Square Arrangement shown in both embodiments of the
`
`’702 Patent is the same three square arrangement that has been used for years in
`
`conventional prior art Quick Response barcodes, more commonly known as “QR
`
`codes.” The Three Square Arrangement in QR codes dates back to the 1990’s. Exs.
`
`
`
`13
`
`Samsung, Exh. 1002, p. 13
`
`
`
`1035-1037. As shown below, the Three Square Arrangement of the ’702 Patent is
`
`identical in appearance to the three solid black squares in the upper left, upper
`
`right, and bottom left corners of a QR code.
`
`’702 Patent Three Square Arrangement
`
`QR Code – version 6 (Ex. 1038)
`
`
`
`
`
`
`
`25. QR codes were created by Toyota’s subsidiary Denso Wave in 1994
`
`and were initially used for tracking inventory in vehicle parts manufacturing. Ex.
`
`1036. They are two-dimensional patterned codes, consisting of black modules
`
`arranged in a square pattern on a white background. The modules are the black and
`
`white dots that make up a QR Code. QR codes are designed to be decoded quickly
`
`at high speed and to have larger information storage capacity than horizontal or
`
`vertical barcodes. Ex. 1039 (http://www.thonky.com/qr-code-tutorial/), Ex. 1040
`
`(https://www.barcode.graphics/qr-code-overview-tutorial/), Ex. 1041 (S. Tiwari,
`
`“An Introduction to QR Code Technology,” 2016 International Conference on
`
`Information Technology, December 2016).
`
`26. The popularity of QR codes has increased rapidly due to both: (1) the
`
`proliferation of smart phones with built-in cameras that can seamlessly recognize
`
`
`
`14
`
`Samsung, Exh. 1002, p. 14
`
`
`
`and decode QR code content, and (2) the encoder-decoder procedures that have
`
`been standardized by the International Organization for Standardization (ISO) and
`
`the International Electrotechnical Commission (IEC). Ex. 1042. At the Relevant
`
`Time, QR codes are used in a variety of applications, including accessing websites,
`
`making payments, downloading personal card information, commercial tracking,
`
`entertainment, posting information to social networks, initiating phone calls,
`
`reproducing videos or opening text documents such as menus in the services
`
`industry. Exs. 1043, 1044.
`
`27. Variations of QR codes are available in the ISO/IEC standard (Ex.
`
`1042) including QR codes of various sizes, from micro-QR codes having much
`
`small footprint to large capacity QR codes having larger footprints. QR Codes can
`
`store information with various capacities depending on the version used. Version 1
`
`consists of 21 × 21 modules having low storage capacity. Version 2 consists of 25
`
`× 25 modules. Version 3 consists of 29 × 29 modules, and so on, increasing in
`
`steps of four modules per side. Higher versions thus have increasingly higher
`
`storage capacity with the highest being Vesion 40 which contains 177 × 177
`
`modules. The below figures show sample QR codes with different versions. Higher
`
`versions have a larger number of modules that correspond to higher capacity.
`
`
`
`15
`
`Samsung, Exh. 1002, p. 15
`
`
`
`Ex. 1041, Fig. 2
`
`
`
`
`
`Ex. 1038
`
`28. The Three Square Arrangement is part of the “finder pattern” that is
`
`included in almost every QR code. Finder patterns in QR codes are placed in the
`
`three corners of the code (upper left, upper right, and lower left) of each symbol.
`
`As depicted in Fig. 4 of the ISO/IEC standard (Ex. 1042, reproduced below), the
`
`finder pattern has an outer dark 7 × 7 module hollow square, an inner light hollow
`
`square that is 5 × 5 modules, and a solid dark 3 × 3 module square in the center.
`
`The module width ratios of each of the squares in the finder pattern is 1:1:3:1:1, as
`
`illustrated in Fig. 4 below. The finder pattern was designed to be unlike any other
`
`
`
`16
`
`Samsung, Exh. 1002, p. 16
`
`
`
`pattern that can appear in other regions of the code. This allows the QR code
`
`scanners to first seek the finder patterns that can then be used to subsequently
`
`orient the QR code for decoding. Finder patterns structures are essential to locate,
`
`rotate and align the QR code and thus have a well-defined function. Without
`
`proper identification of the patterns and of their location, the QR code symbol
`
`cannot be decoded.
`
`Ex. 1042 – Fig. 4
`
`
`
`29. The relative spacing and size of the Three Square Arrangement in the
`
`finder pattern is dictated by the version of the QR code used. Lower versions of
`
`QR codes (those that store less data) are smaller and thus the Three Square
`
`Arrangement of the finder pattern will be relatively large and closely spaced.
`
`
`
`17
`
`Samsung, Exh. 1002, p. 17
`
`
`
`Higher version of QR codes (those that store more data) have squares in a Three
`
`Square Arrangement that are relatively smaller are further spaced apart.
`
`
`
`
`
`
`
`
`
`Ex. 1041, Fig. 2; Ex. 1038 (annotated)
`
`30. The Three Square Arrangement in the ’702 Patent appears to
`
`correspond exactly to the relative size and spacing of the Three Square
`
`Arrangement in a version 6 QR code. As shown below, the Three Square
`
`
`
`18
`
`Samsung, Exh. 1002, p. 18
`
`
`
`Arrangement of the ’702 Patent is identical in appearance to the three solid black
`
`squares in the upper left, upper right, and bottom left corners of a version 6 QR
`
`code.
`
`
`
`
`
`’702 Patent Three Square Arrangement
`(Ex. 1001)
`
`QR Code – Version 6
`(Ex. 1038)
`
`
`
`31. As illustrated by the below, the Three Square Arrangement of the ’702
`
`Patent (outlined in red) can be superimposed over the Three Square Arrangement
`
`of a standard version 6 QR code with almost perfect correspondence.
`
`’702 Patent – with Three
`Square Arrangement
`Outlined in Red
`
`QR Code – Version 6
`
`
`
`’702 Patent Three Square
`Arrangement
`Superimposed Over QR
`Code – Version 6
`
`
`
`19
`
`Samsung, Exh. 1002, p. 19
`
`
`
`32. Version 6 of the QR Code was known and in-use well before the ’702
`
`Patent, and the layout of its Three Square Arrangement is specified in detail in the
`
`2015 ISO/IEC standard. Ex. 1042, p. 11.
`
`33. QR codes are common elements used in animated GUI’s, including
`
`animated GUI’s for facilitating financial transactions. Exs. 1004-1008. Persons
`
`designing animated GUI’s, such as animated GUI’s for facilitating financial
`
`transactions or other transactions, would be very familiar with QR codes and the
`
`different versions of QR codes that are available, as discussed above.
`
`
`
`
`
`
`
`
`
`
`
`Reddy – Fig. 9
`Ex. 1004
`
`SGQR – 0:29
`Ex. 1005
`
`GrabPay – 0:09
`Ex. 1006
`
`Digital Debit
`Video – 0:05
`Ex. 1007
`
`US
`2015/0220905 –
`FIG. 2D
`Ex. 1045
`
`
`
`34. As explained above, QR codes come in different versions, depending
`
`on how much data they can store. Some QR codes (those of lower version number)
`
`store less data than others (those of higher version number), as shown below.
`
`Conventional QR codes typically include the Three Square Arrangement, although
`
`the squares may be spaced closer together (and appear larger) or farther apart (and
`
`
`
`20
`
`Samsung, Exh. 1002, p. 20
`
`
`
`appear smaller) depending on the version number and the amount of data contained
`
`therein.
`
`$0.00
`
`35.
`
`“$0.00” is the standard way of displaying zero dollars and zero cents
`
`in U.S. currency. The $0.00 shown in both embodiments of the ’702 Patent is
`
`known worldwide in the prior art as the standard shorthand for indicating zero
`
`dollars and zero cents in US currency. See, e.g., Exs. 1004, 1006, 1008, 1046,
`
`1047, 1048. The $ symbol dates back to at least 1785, when it was officially
`
`adopted by the United States. Ex. 1046.
`
`36. The value “$0.00” is also a common element used in GUI’s, including
`
`GUI’s for facilitating financial transactions. Exs. 1004, 1006, 1008, 1047-49.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Reddy – Fig.
`12
`Ex. 1004
`
`GrabPay –
`0:27
`Ex. 1006
`
`US
`2019/0066089
`– Fig. 6C
`Ex. 1047
`
`Visa – 0:55
`Ex. 1048
`
`US D857,054
`Ex. 1008
`
`
`
`21
`
`Samsung, Exh. 1002, p. 21
`
`
`
`37. U.S. Patent No. D857,054 to Grecia (“Digital Debit Patent,” Ex.
`
`1008) names the same inventor (William Grecia) as the ’702 Patent. The Digital
`
`Debit Patent appears to show a GUI for a “Digital Debit” application including
`
`substantially the same (in my view the same) $0.00 as the ’702 Patent.
`
`Digital Debit Patent
`(Prior Art)
`
`’702 Patent – FIG. 2
`
`
`In view of the foregoing, the $0.00 claimed in the ’702 Patent was also well known
`
`
`
`in the prior art.
`
`Three Square Arrangement Followed By $0.00
`
`38. As noted earlier, one use for QR codes is to facilitate financial
`
`transactions. As such, it is unsurprising that there are several examples of animated
`
`GUI’s that would display an image including a Three Square Arrangement
`
`followed by displaying an image including a $0.00. Reddy (Ex. 1004) and Grabpay
`
`(Ex. 1006) are two examples of animated GUI’s that display an image including a
`
`QR Code (with a Three Square Arrangement) followed by an image including a
`
`
`
`22
`
`Samsung, Exh. 1002, p. 22
`
`
`
`$0.00. The Digital Debit Video (Ex. 1007) similarly displays an image including a
`
`QR Code (with a Three Square Arrangement) followed by an image including a
`
`0.00 (preceded with USD).
`
`39. The alleged design in the ’702 Patent was already in the prior art
`
`before the ’131 Application was filed. Several examples are discussed below.
`
`1.
`
`Reddy (Ex. 1004)
`
`40. US Patent Publication No. 2018/0260806 to Reddy et al. is for a
`
`“System and Method for Implementing Payment via Quick Response (QR) Code.”
`
`Reddy published on September 13, 2018. I understand that Reddy was not
`
`considered during prosecution of the ’702 Patent. Reddy’s figures show a design
`
`for an animated GUI that anticipates the claimed design of the ’702 Patent.
`
`41. Reddy discloses systems for QR code-based payments using mobile
`
`phones with animated GUI’s. In one example shown in FIG. 1 and discussed
`
`beginning at paragraph [0034], Reddy discloses a payer using a mobile phone to
`
`scan a QR code (at ref. 124 in FIG. 1) and, after scanning the QR code, entering a
`
`payment amount (at ref. 130 in FIG. 1):
`
`The Payer 112 may scan the QR Code, at 124. The payer
`
`may send a request to retrieve QR details from Payment
`
`Intermediary 114, as shown by 126. Also, the payer may
`
`then view QR details at 128 and confirm QR details and/or
`
`enter specifics at 130.
`
`
`
`23
`
`Samsung, Exh. 1002, p. 23
`
`
`
`Reddy at ¶ [0036] (emphasis added). FIG. 1 of Reddy shows the Payer first scanning
`
`a QR code at 124 and then entering an amount at 130.
`
`Reddy – FIG. 1
`
`
`
`42. For scanning a QR code 124, Reddy shows in FIG. 9 a mobile device
`
`GUI displaying a scanned QR code. Id. at ¶ [0052] (“A mobile device may include
`
`a camera feature that takes an image of a QR code 910.”). For entering an amount
`
`130, Reddy shows in FIG. 12 the mobile device GUI subsequently displaying a
`
`payment amount screen. Id. at ¶ [0056] (“…The paying entity, such as a customer,
`
`may provide an amount within the range or other monetary conditions, at 1212.”).
`
`As can be seen below, FIG. 9 of Reddy shows a QR code with substantially the
`
`same Three Square Arrangement as the ’702 Patent, and FIG. 12 of Reddy shows
`
`substantially the same $0.00 as the ’702 Patent.
`
`
`
`24
`
`Samsung, Exh. 1002, p. 24
`
`
`
`
`
` Three Square Arrangement
` Reddy – FIG. 9
`
` $0.00
` Reddy – FIG. 12
`
`43. As for the sequence between these two images, FIG. 1 and paragraph
`
`[0036] of Reddy show that the mobile device GUI first displays the image shown
`
`in FIG. 9 and then displays the image shown in FIG. 12—exactly as claimed in the
`
`First Embodiment of the ’702 Patent.
`
`44. Additionally, as highlighted below, Reddy shows at reference 128 in
`
`FIG. 1 that a mobile phone “may” display an intermediate image, i.e., QR details,
`
`between what it displays in FIG. 9 and what it displays in FIG. 12. See id. at
`
`¶ [0036] (“Also, the payer may then view QR details at 128…”). I interpret the
`
`term “may” consistent with its plain meaning as indicating that step 128 “show QR
`
`details” is optional and not required.
`
`
`
`25
`
`Samsung, Exh. 1002, p. 25
`
`
`
`
`
`45. Although it is not required, when step 128 is included, it is my view
`
`that this embodiment is substantially the same, if not exactly the same, as the
`
`Second Embodiment of the ’702 Patent, which shows in FIG. 4 that an
`
`intermediate image may be displayed between the image including the Three
`
`Square Arrangement and the image including the $0.00.
`
`2.
`
`SGQR (Ex. 1005)
`
`46. SGQR is a video posted by the Monetary Authority of Singapore to
`
`YouTube.com on September 17, 2018 at:
`
`https://www.youtube.com/watch?v=1VmJm9imBp4, entitled “SGQR – Singapore
`
`Quick Response Code.” I understand that SGQR is thus prior art to the ’702 Patent.
`
`47. SGQR discloses a QR code-based payment system using a mobile
`
`phone.
`
`
`
`26
`
`Samsung, Exh. 1002, p. 26
`
`
`
`SGQR @ 0:25
`
`
`
`48. During payment, the mobile phone displays an animated GUI
`
`including an image of a QR code followed by an image for entering a payment
`
`amount in US dollars, beginning with the dollar symbol “$.”
`
`
`
`27
`
`Samsung, Exh. 1002, p. 27
`
`
`
`
`
`
`Three Square
`Arrangement
`
`SGQR (Ex. 1005)
`@ 0:29
`
`
`
`
`$____
`
`
`SGQR (Ex. 1005)
`@ 0:30
`
`49.
`
` As can be seen above, the QR code displayed in SGQR has
`
`substantially the same Three Square Arrangement shown in the ’702 Patent,
`
`followed by substantially the same $ shown in the ’702 Patent.
`
`50. SGQR is a YouTube.com video posted September 16, 2018 at
`
`https://www.youtube.com/watch?v=1VmJm9imBp4. SGQR remains posted on
`
`YouTube and contains the same screen shots included above and as in Ex. 1005.
`
`51.
`
`It is my understanding that because SGQR indicates that it was posted
`
`publicly on September 16, 2018, it became available to anyone for viewing on that
`
`date. Ex. 1005 at 1.
`
`
`
`28
`
`Samsung, Exh. 1002, p. 28
`
`
`
`52. Persons interested and ordinarily skilled in the subject matter or art
`
`exercising reasonably diligence could locate SGQR. For example, persons or
`
`designers interested and possessing ordinary skill in cashless payment applications
`
`could have located the SGQR video by searching “Quick Response Code” or
`
`“SGQR.” In preparation of this Declaration, I conducted a YouTube search for
`
`“quick response code,” for example, and it yielded the SGQR prior art video cited
`
`herein as the fifth result. Persons or designers of ordinary skill in the art would
`
`regularly search for and view videos on YouTube and other platforms for
`
`information related to new product designs, launches, and reviews from consumer
`
`and experts concerning financial payment systems using QR codes. As such, a
`
`person or designer of ordinary skill in the art would have been aware of the SGQR
`
`payment system and the SGQR video and would have identified it as relevant to the
`
`design of financial payment systems using QR codes as of September 3, 2020.
`
`3. GrabPay (Ex. 1006)
`
`53. GrabPay is a video posted by DCS Synthesis to YouTube.com on
`
`March 20, 2020 at https://www.youtube.com/watch?v=bc84sn1xTRc, entitled
`
`“GrabPay Standalone.” I understand that GrabPay is prior art to the ’702 Patent as
`
`of that date.
`
`54. GrabPay shows a payment transaction between two devices, each of
`
`which includes a display screen with an animated GUI. Ex. GrabPay shows, starting
`
`
`
`29
`
`Samsung, Exh. 1002, p. 29
`
`
`
`at approximately 9 seconds into the video, (i) a display screen on one of the devices
`
`with an animated GUI that includes an image with a QR code including substantially
`
`the same Three Square Arrangement of the ’702 Patent (Ex. 1006 at 10), followed
`
`by (ii) an image at approximately 27 seconds into the video including substantially
`
`the same “$0.00” shown in the ’702 Patent (Ex. 1006 at 28). As shown at
`
`approximately 24 seconds into the video, the display screen also includes an
`
`intermediate image with a checkmark and the word “Success” between the QR code
`
`image and the $0.00 image. Ex. 1006 at 25.
`
`
`
`Three Square
`Arrangement
`
`Id. @ 0:09
`Ex. 1006 at 10
`
`
`
`Intermediate
`Image
`
`Id. @ 0:24
`Ex. 1006 at 25
`
`30
`
`
`
`
`
`$0.00
`
`
`Id. @ 0:27
`Ex. 1006 at 28
`
`Samsung, Exh. 1002, p. 30
`
`
`
`55.
`
`I understand that GrabPay is an application that allows “users [to] scan
`
`the merchant’s QR code, key in the amount and hit pay.” Ex. 1019 at 2.
`
`56. GrabPay remains posted on YouTube and contains the same screen
`
`shots as those included above and in Ex. 1006. Because GrabPay indicates that it
`
`was posted publicly on March 20, 2020, it is my understanding that it became
`
`available to anyone for viewing on that date.
`
`57. Persons interested and ordinarily skilled in the subject matter or art
`
`exercising reasonably diligence could locate GrabPay. Persons or designers
`
`interested and of ordinary skill in cashless payment applications could locate the
`
`GrabPay video by searching YouTube for “GrabPay.” Persons or designers of
`
`ordinary skill in the art would regularly search for and view videos on YouTube and
`
`other platforms for information related to new product designs, launches, and
`
`reviews from consumer and experts concerning financial payment systems using QR
`
`codes. As such, a person or designer of ordinary skill in the art would have been
`
`aware of GrabPay and the GrabPay video and would have identified it as relevant to
`
`the design of financial payment systems using QR codes as of September 3, 2020.
`
`4.
`
`Digital Debit Video (Ex. 1007)
`
`58. The Digital Debit Video is a video posted by Digital Debit to
`
`YouTube.com on November 20, 2017 at
`
`
`
`31
`
`Samsung, Exh. 1002, p. 31
`
`
`
` https://www.youtube.com/watch?v=tDqvQFJB8GA, entitled “Digital Debit App
`
`Preview.” I
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