Trials@uspto.gov
`571-272-7822
`
`Paper 7
`Entered: May 13, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`VOLKSWAGEN GROUP OF AMERICA,INC.,
`Petitioner,
`
`Vv.
`
`WEST VIEW RESEARCH,LLC,
`Patent Owner.
`
`Case IPR2016-00125
`Patent 8,290,778 B2
`
`Before KARL D. EASTHOM, MICHAEL R. ZECHER,and
`JASON J. CHUNG,Administrative Patent Judges.
`
`EASTHOM,Administrative Patent Judge.
`
`DECISION
`Institution of Inter Partes Review
`35 US.C. § 314(a) and 37 CFR. § 42.108
`
`
`571-272-7822
`
`Paper 7
`Entered: May 13, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`VOLKSWAGEN GROUP OF AMERICA,INC.,
`Petitioner,
`
`Vv.
`
`WEST VIEW RESEARCH,LLC,
`Patent Owner.
`
`Case IPR2016-00125
`Patent 8,290,778 B2
`
`Before KARL D. EASTHOM, MICHAEL R. ZECHER,and
`JASON J. CHUNG,Administrative Patent Judges.
`
`EASTHOM,Administrative Patent Judge.
`
`DECISION
`Institution of Inter Partes Review
`35 US.C. § 314(a) and 37 CFR. § 42.108
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`I. INTRODUCTION
`
`Petitionerfiled a Petition (Paper2, “Pet.”) requesting an inter partes
`
`review of claims 1, 3, 5, 8, 9, 22, 27, 28, and 30 of U.S. Patent No.
`
`8,290,778 B2 (Ex. 1001, “the ’778 patent”). Pet. 2. Patent Ownerdid not
`
`file a Preliminary Response. We havejurisdiction under 35 U.S.C. § 314,
`
`which provides that an inter partes review may notbe instituted “unless ...
`
`the information presentedin the petition .
`
`.
`
`. and any response .
`
`.
`
`. shows that
`
`there is a reasonable likelihood that the petitioner would prevail with respect
`
`to at least 1 of the claims challengedin the petition.” 35 U.S.C. § 314(a).
`
`Upon consideration of the Petition, we determine that the information
`presented showsthere is a reasonable likelihood that Petitioner would
`
`prevail in establishing the unpatentability of at least one ofclaims1, 3, 5, 8,
`
`y, 22, 2'/, 28, and 30 ofthe *778 patent (“the challenged claims”).
`
`A. Related Matters
`
`Accordingto the parties, the °778 patent is involved in the following
`
`district court cases: Wesi View Research, LLC vy. Audi AG, No. 3:14-cv-
`
`02668-BAS-JLB (S.D. Cal.); West View Research, LLC v. Bayerische
`
`Motoren Werke, AG, No. 3:14-cv-02670-CAB-WVG(S.D. Cal.); West
`View Research, LLC y. Hyundai Motor Co., Ltd., 3:14-CV-02675-CAB-
`WVG(S.D.Cal.); West View Research, LLC v. Nissan Motor Co., 3:14-cv-
`02677-CAB-WVG(S.D.Cal.); and West View Research, LLC v. Tesla
`
`Motors, Inc., 3:14-CV-02679-CAB-WVG(S.D. Cal.). See Pet. 1, Paper 4,
`
`2.
`
`Petitionerfiled other petitions challenging the patentability of certain
`
`subsets ofclaims in the following patents owned by Patent Owner: (1) U.S.
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`Patent No. 8,719,037 B2 (Case IPR2016-00123); (2) U.S. Patent No.
`
`8,706,504 B2 (Case IPR2016-00124); (3) U.S. Patent No. 8,682,673 B2
`
`(Case IPR2016-00137); (4) U.S. Patent No. 8,719,038 B1 (Case IPR2016-
`
`00146); (5) U.S. Patent No. 8,296,146 B2 (Case IPR2016-00156); (6) U.S.
`
`Patent No. 8,781,839 B1 (Case IPR2016-00177); and (7) U.S. Patent No.
`
`8,065,156 B2 (Case IPR2015-01941). See Pet. 1-2.
`
`B. The '778 Patent
`
`The °778 patent generally relates to personnel transport apparatuses,
`
`such as trams, shuttles, or moving walkways, and, in particular, to elevators
`
`that incorporate various information technologies. Ex. 1001, 2:2—23, 6:12-
`21. The ’778 patent also applies to stationary devices, such as kiosks. Jd.at
`
`6:17-18. According to the ’778 patent, one problem related to these
`
`apparatuses involves determining the location of a person,firm, or store
`
`within a building orstructure. Jd. at 2:24-37. For instance, conventional
`
`building directories often do not provide precise location information other
`
`than a floor or suite number. Jd. The ’778 patent describes recent advances
`
`in data networking, displays, personal electronics, and speech recognition
`
`and compression algorithms and corresponding processing, as enhancing the
`
`ability lo address the aforementioned problem.
`
`/d. at 3:31—35.
`
`The ’778 patent describes using these recent advancesto create a
`usetul apparatus for locating an organization or entity disposed within a
`buildingor structure. /d. at 4:1-12. Figure 1 of the ’778 patent, reproduced
`below,illustrates a block diagram of one embodimentof an information and
`
`control system that is used within an elevator car. Jd. at 5:12-14, 6:23-24.
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`
`
`
`las
`
`VIDEO &
`LIGHTING
`CONTROL CLT
`
`ELEVATOR
`CONTROL
`CTRCUI
`
`
`
`
`
`
` SPEECH
`
`'
`
`STORAGE
`
`Po H0R
`
`SSATHESIS
`MODULE
`
`“Sy1i2
`
`FTG.
`
`|
`
`As shownin Figure 1, system 100 includes input device 102, speech
`
`recognition (“SR”) module 104, central processor 106, non-volatile storage
`device 108 containing a database, audiv amplifier and speaker module 111,
`speech synthesis module 112, micro-controller 123, display device 113, and
`remote central server 170 interfacing a device such as a local area network
`(“LAN”) network interface card. Id. at 6:23-47; 8:35-47. SR module 104
`further includes microphone 118, analog-to-digital converter (“ADC”) 141,
`and an algorithm run on digital signal processor (“DSP”) 125 having an
`associated SR random access memory (“RAM”) module 127. Jd. at 6:45—
`50; Fig. 1.
`Input device 102 can be a touch sensitive keypad with a display
`screen. Id. at 6:36-44. Input device 102 also can include a variety of
`different functional keys that allow the user to initiate queries of databases
`either manually by a keypad,display device, or audibly through a speech
`
`recognition module. Jd.
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`Microphone118 generates signals that ADC 141 digitizes, which,in
`
`turn, DSP 125 processes using the SR algorithm to producedigital
`
`representations ofthe user’s speech. Jd. at 7:9-13. DSP 125 uses a speech
`
`library or dictionary stored within SR RAM module 127 to match phenome
`
`strings resulting from linear predictive coding analysis with known words.
`
`Id. at 7:13-16. After a match, central processor 106 and micro-controller
`
`123 implementthe desired functionality, such as retrieving one or more data
`
`files from non-volatile storage device 108 for display on display device 113.
`
`Id. at 7:16-19.
`
`C. Illustrative Claim
`
`Ofthe challenged claims, claims 1, 27, 28, and 30 are independent.
`
`Illustrative claim 1 follows:
`
`1. Computerized apparatus comprising:
`a wireless interface;
`
`data processing apparatus;
`a touch-screen input and display device;
`a speech recognition apparatus in data communication with the
`data processing apparatus; and
`a storage apparatus in data communication with the data
`processing apparatus, said storage apparatus comprising at least one
`computer program,said at least one program being configured to:
`receive a digitized specch input via the speech
`recognition apparatus, the input relating to an organization
`or entity which a user wishesto locate;
`based at least in part on the input, cause identification
`of a locationassociated with the organization or entity;
`and
`
`provide a graphical or visual representation ofthe
`location on the touch screen input and display device in
`
`5
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`orderto aid a userin finding the organizationorentity, the
`graphical or visual representation ofthe location also
`comprising a graphical or visual representation of the
`surroundings of the organization orentity.
`
`Ex. 1001, 25:25—-46.
`
`D. Alleged Grounds of Unpatentability
`Petitioner challenges claims otthe ’778 patent on the references and
`
`alleged grounds ofunpatentability under 35 U.S.C. § 103(a) as set forth in
`
`the following table:
`
`
`eference(s
`Claims Challenged
`Ito! and Lind?
`1, 22, 28, and 30
`
`a R
`
`Ito, Lind, aid Fujiwara’
`
`3,5, and 27
`
`
`
`
`
`
`
`
`Pet. i—ii, 6.
`
`Il. ANALYSIS
`
`A. Claim Interpretation
`
`In an inter partes review, the Board construes claims by applying the
`
`broadest reasonable interpretation in light of the specification. 37 C.F.R.
`§ 42.100(b); In re Cuozzo Speed Techs., LLC, 793 F.3d 1268, 1278-79 (Fed.
`
`Cir. 2015), cert. granted sub nom. Cuozzo Speed Techs., LLC v. Lee, 136 S.
`
`'Tto et al., U.S. Patent No. 6,249,740 B1 (June 19, 2001) (Ex. 1003).
`2R. Lind et al., The Network Vehicle—A Glimpse Into the Future ofMobile
`Multi-Media, 17" DASC, The AIAA/IEEE/SAE Digital Avionics Systems
`Conference, Proc., Vol. Il, IEEE Pub. 0-7803-5086-3/98, Oct. 31—Nov.7,
`1998 (Ex. 1004).
`3 Fujiwara et al., EPO Pat. App. Pub. No. 0 829 704 A2 (Mar. 18, 1998)
`(Ex. 1005).
`4 Walters, U.S. Patent No. 6,188,956 B1 (Feb. 13, 2001) (Ex. 1006).
`
`6
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`Ct. 890 (mem.) (2016). Underthis standard, absent any special definitions,
`
`claim terms or phrases are given their ordinary and customary meaning,as
`
`would be understood by oneofordinary skill in the art, in the context of the
`
`entire disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed.
`Cir. 2007).
`Petitioner submits that claim terms in this proceeding carry their
`
`ordinary aud custumary meaning, as would be understood by one with
`
`ordinary skill in the art in light of the ’778 patent Specification. See Pet. 6
`
`(citing 3'/ C.F.R. § 42.100(b)). On this record at this initial stage, Petitioner
`
`persuasively showsthat no reason exists to construe explicitly most of the
`
`claim terms. See, e.g., Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d
`
`795, 803 (Fed. Cir. 1999) (explaining that only those claim terms or phrases
`
`that are in controversy need to be construed, and only to the extent necessary
`
`to resolve the controversy).
`
`Petitioner also submits that claim 30 recites “means for data
`
`processing,” raising a presumption that § 112 | 6 applies. Pet. 6 (citing
`
`Personalized Media Commc’n, LLC v. Int’! Trade Comm’n, 161 F.3d 696,
`
`704 (Fed. Cir. 1998)). Petitioner contends as follows:
`
`The term “meansfor data processing”is subject to 35 U.S.C.
`§ 112(6) sinceit is expressed as a “means” for performing a
`function—‘“data processing” —without reciting structure in
`support thereot.
`‘I'he ’778 patent describes that “the processor
`106, video RAM 107, storage device 108, 110, and other
`components (including necessary powersupplies, not shown)
`are disposed within equipment storage housings (not shown)”
`as an “arrangement .
`.
`. used primarily to allow rapid access to
`and processing of data by the system 100.” Ex. 1001, 8:11-18.
`Therefore, the “meansfor data processing” recited in claim 30
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
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`should be construed to mean “a processor” and equivalents
`thereof.
`
`Pet. 6—7.
`
`For purposesof this Decision, we adopt Petitioner’s claim
`
`construction for the term “means for data processing” as a processor and
`
`equivalents thereof. “A microprocessor or general purpose computer lends
`- sufficient structure only to basic functions of a microprocessor, All other
`computer-implemented functions require disclosure of an algorithm.” EON
`
`Corp. IP Holdings, LLC v. AT & T Mobility LLC, 785 F.3d 616, 623, 621—
`
`22 (Fed. Cir. 2015) (“As we stated in Katz, a microprocessor can serve as a
`structure for a computer-implemented function only where the claimed
`
`function is ‘coextensive’ with a microprocessoritself. ... Examples of such
`
`coextensive functions are ‘receiving’ data, ‘storing’ data, and ‘processing’
`
`data.”(citing in In re Katz Interactive Call Processing Patent Litigation, 639
`
`V.3d 1303, 1316 (Fed. Cir. 2011))).
`
`B. Alleged Obviousness ofClaims 1, 22, 28, and 30 Over Ito and Lind
`Petitioner contends that claims 1, 22, 28, and 30 would have been
`
`obvious over Ito and Lind. Pet. 9-37. To support its contentions, Petitioner
`
`provides explanations as to how thepriorart discloses each claim limitation.
`Id. Petitioner also relies upon the Declaration of Mr. Scott Andrewsto
`
`support its positions. Ex. 1002 (“Andrews Declaration”).
`
`1. Ito (Ex. 1003)
`
`Ito generally relates to a communications navigation system that
`supplies navigation data necessary for route guidance from a navigation base
`to a moving body, suchas a vehicle. Ex. 1003, 1:9-12. Figure | of Ito,
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`reproducedbelow,illustrates one embodimentof the communications
`
`navigation system. Jd. at 5:65-67, 8:11—13.
`
`
`
`if POSITION DATA
`{] CORRECTING
`
`
`' Fig. 1
`
`SECTION
`
`As shownin Figure 1, the communications navigation system includes
`
`vehicle navigation apparatus 100 mounted in a vehicle and navigation base
`
`apparatus 150 arranged as a base. /d. at 8:13-16. Vehicle navigation
`apparalus 100 Includes input 1U5, display 106, processing section 101, data
`storage 103, programstorage 102, voice output section 107, and transmitting
`and receiving station 108. Jd. at 9:53-58. Input 105 includesa data input
`
`device having voice recognition that allows a user to control the
`communications navigation system by using voice commands.
`/d. at 10:39-
`47. Input 105 further includes(liquid crystal) display 106 with a touch panel
`or icon inputs. Jd. at 10:39-50. Display 106 may display detailed maps of
`the departure point, course-change points along a recommendedroute, and
`the destination, and also provides corresponding voice guidance. Id. at
`
`18:62-67.
`
`2. Lind (Ex, 1004)
`
`Lind discloses a vehicle containing hardware and software that allow
`a prospective passengerto use an “onboard network”to connect wirelessly
`
`9
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`to the Internct and to retrieve wireless information from other sources, such
`
`as DirecTV. Ex. 1004, 10.° Lind’s onboard system includes a touch screen
`
`liquid crystal display (LCD) that serves as a user interface, and a speech
`recognition sub-system to allow access to features through voice commands.
`
`Id. at 10-11. The system also provides accessto Internet service providers,
`navigation, location services for restaurants and hotels, and text-to-speech
`synthesis outputsfor listening to e-mail messages. Jd. at 10, 11, 15, Fig. 9.
`Figure 3, representing a diagram of Lind’s off-board system
`
`architecture, follows:
`
`Figure 3 ofLind shows links to the Internet and other wireless services. See
`
`id. at 10.
`
`3. Analysis
`
`As noted above,Petitioner asserts that the collective teachings of Ito
`and Lind describe or render obvious the elements of claims 1, 22, 28, and
`
`30. See Pet. 9-37. For example, Petitioner relies on Ito’s processing section
`101 that includes a central processing unit (CPU), supplemented by Lind’s
`
`> All references to the page numbersin Lind refer to the page numbers
`inserted by Petitionerin the bottom, right-hand corner of each page in
`Exhibit 1005.
`
`10
`
`,
`
`
`
`_IPR2016 00125
`Patent 8,290,778 B2
`
`network computer, as teaching the “data processing apparatus” of claims 1
`and 28, and “meansfor data processing” of claim 30. /d. at 11-12 (citing
`
`Ex. 1003, 9:51-67; Ex. 1002 7 5; Ex. 1004, 10, Fig. 2). Petitioner also
`
`points out that Lind generally discloses microprocessors. Jd. at 13 (citing
`
`Ex. 1004, 9).
`
`Petitioner relies on Ito’s receiving and transmitting station 108, which
`
`includes a modem,and portable phones,as teaching the recited “wireless
`
`interface” of claim 1, 28, and 30. Jd. at 11-12 (citing Ex. 1003, 8:51-57;
`
`Ex. 1002 46). Petitioner relies further on Lind’s wireless network, wireless
`
`modem,satellite link, and roof-mounted antenna, to supplementthe
`
`teachings of Ito. Jd. at 12 (citing Ex. 1004, 10; Ex. 1002
`6).
`Petitioner relies on Ito’s display 106, which includes an LCD display
`
`and touch panelas part of input device 105 for obtaining travel route or
`
`direction information, as teaching the recited “touch-screen input and
`
`display device” of claims 1, 28, and 30. /d. (citing Ex. 1003, 10:48—-50,
`15:22-26; Ex. 1002 79). Petitioner further relies on Lind’s various displays,
`including a center console touch-screen LCD,to supplementthe teachings of
`
`Iw. Jd. at 13 (citing Ex. 1004, 1 12; Ex. 1UUZ ¥ 9).
`
`Petitionerrelies on Ito’s voice recognition system included as part of
`input device 105 as teachingthe recited “speech recognition apparatus” of
`claims 1, 28, and 30. /d. at 13-14 (citing Ex. 1003, 10:39-47; Ex. 1002
`q 10). Petitionerrelies further on Lind’s voice recognition system, which-
`processes voice commandsto provide navigation help, traffic updates, travel
`directions, and location of entities, such as hotels or restaurants, to
`
`supplementthe teachings of Ito. Jd. at 14 (citing Ex. 1004, 9-11; Ex. 1002
`
`411).
`
`11
`
`
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`IPR2016-00125
`Patent 8,290,778 B2
`
`Addressing the claim 1 limitation of a “visual representation of the
`
`surroundingsof the organizationorentity,” Petitioner points to Ito’s Figures
`
`9, 40(C), and 44. See Pet. at 18-19. Petitioner contends that Ito’s Figure9
`
`discloses selectable displayed area guidance data for some designated areas,
`
`including landmarks, and Ito’s Figures 40(C) and 44 display similar
`
`landmarks, such as a bank,fire station, and department store. See Pet. 18-19
`
`(citing Ex. 1003, 8:41-50; 18:37—43); see also Ex. 1003, 27:5—-16 (guidance
`
`data is selectable).
`
`Petitioner relies on the combined teachings of Ito and Lind to address
`
`the remaining limitations of claims 1, 28, and 30 in a similar manner, See
`
`Pet. 14-19. Further regarding the limitation of “receiving digitized speech
`
`via the speech recognition apparatus,” as recited in claims 1, 28, and 30,
`
`Petitioner contends, if not inherent in Ito and Lind, that it would have been
`
`obvious to digitize and analyze an analog voice signal, using for example, a
`
`digital signal processor. See id. at 15—16 (citing Ex. 1008, 5:17—30;
`Ex. 1002 J 13). In support of its contentions, Petitioner notes that Lind
`discloses processing voice commands for web commandsand an advanced
`speech recognition system,similar to Ito’s voice recognition system. Jd. at
`15-16 (citing Ex. 1003, 10:39-47; Ex. 1004, 11). Petitioner also contends
`
`that Patent Owner “has admitted that all speech recognition systems
`
`inherently digitize the speaker’s analog voice.” Jd. at 16 (citing Ex. 1010,
`729). Similar to that admission, the ’778 patent admits that “[m]yriad
`speech recognition systemsandalgorithmsare available, all considered
`within the scope of the invention disclosed herein.” Ex. 1001, 6:56—58.
`Claim 22 dependsfrom claim 1, and further requires “whereintheat
`least one computer program is further configured to generate on the touch-
`12
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`IPR2016-00125
`Patent 8,290,778 B2
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`screen input and display device a plurality of soft function keys or icons”
`
`that can select “a function associated therewith relating to obtaining
`
`directions” and “points of interest.” /d. at 27:11—18. Petitioner relies on
`
`Ito’s disclosure of various icons described in relation to Figures 23-25 for
`
`selecting various guidance options via input 105/display 106. See Pet. 20
`
`(citing Ex. 1003, 30:63-32:60). As noted above in connection with claim 1,
`
`Ito discloses that area guidance data associated with intersections and
`starting points are selectable. See Ex. 1003, 17:52, 27:3—16, Figs. 9A, 9B
`(travel direction), 1U (landscape image “MF”), 44 (Bank, DepartmentStore,
`
`Fire Station). At this preliminary stage of the proceeding, weinitially
`determine that claim 22 does not preclude a “point[] of interest” from being
`
`part of depicted landmark associated with a selection, for example, area
`guidancedata at a starting or intermediate intersection point.
`Petitioner also relies on Lind’s disclosure of soft keys and iconsfor
`the “Office” mode, and Lind’s disclosure that “the touch-screen LCD serves
`as a user interface for controlling nearly all of the Network Vehicle’s
`
`multimedia functions.” Pet. 21 (quoting Ex. 1004, 11; citing Ex. 1002
`
`q{ 19-20). Petitioner adds that Lind discloses displaying navigation maps
`
`and other items of interest. See id. Lind also discloses that a “driver can...
`
`requesttravel directions andtraffic updates from the Webor other sources”
`through the “speech recognition system.” Ex. 1004, 11. In addition to
`teaching at least some soft key functions as Petitioner indicates, Lindstates
`that “[vJoice activated commands can be used withall of the center console
`functions”(see id. (emphasis added)), further suggesting, on this preliminary
`
`record, the use of iconsor soft keys to select directions and points of
`
`interest.
`
`13
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`
`IPR2016-00125
`Patent 8,290,778 B2
`
`Petitioner also generally contends that a person of ordinary skill in the
`
`art would have found it obvious to combine Ito’s and Lind’s similar vehicle
`
`location systems, to provide “‘more productivity tools, convenience,safety,
`
`and entertainmentto millions of commuters who spend hours each day
`
`cruising the roads orstuck in traffic,’ .
`
`.
`
`. and to ‘simplify the structure of a
`
`vehicle navigation apparatus’.” Pet. 23-24 (quoting Ex. 1004, 9; Ex. 1003,
`
`3:2-3; Ex. 1002 {ff 32, 33).
`Based onthe present record, and for purposes of this Decision,
`Petitioner provides adequate support tor the combination ofthe references.
`For example, Petitioner showsthat it would have been obvious to combine
`teachingsrelated to the similar voice recognition navigation and location
`systemsin order to provide relevant information quickly and safely to users.
`
`See id. at 23-24. Providing guidance on the question of obviousness,the
`
`Court instructs that “[t]he combination of familiar elements according to
`
`known methodsis likely to be obvious when it does no more than yield
`
`predictableresults.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416
`(2007). The features disclosed in the respective prior art are directed to
`achieving similar goals. On this preliminary record, Pctitioner provides
`
`sufficient evidence suggesting that a person ofordinary skill would have had
`
`a sufficient reason to use the interrelated teachings of each reference in
`
`combination, and has demonstrated articulated reasoning with rational
`
`underpinning in support of its obviousness challenge. See Pet. 23-24.
`Basedonthe preliminary record, we determinethat Petitioner
`
`demonstrates a reasonable likelihood of prevailing on its assertion that the
`
`combination of Ito and Lind would have rendered obviousclaims 1, 22, 28,
`
`and 30.
`
`14
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`IPR2016-00125
`Patent 8,290,778 B2
`
`C. Alleged Obviousness ofClaims 3, 5, and 27
`Over Ito, Lind, and Fujiwara
`Relying on the AndrewsDeclaration, Petitioner contends that claims
`
`3, 5, and 27 would have been obvious overIto, Lind, and Fujiwara. Pet. 37-
`
`55. To support its contentions, Petitioner provides explanations as to how
`the proffered combination teaches the subject matter in each challenged
`
`claim. /d.
`
`I. Fujiwara (Ex. 1005)
`
`Fujiwara discloses an intelligent navigation system for a vehicle, such
`
`as acar. Ex. 1005, Abstract. Fujiwara’s system includes advertisements
`
`appearing on a mapdisplay. See id. at 5:53—-6:2; Fig. 22.
`
`Figure 22 of Fujiwara is reproduced below:
`
`FIG.22
`
`
`
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`ROOM 3oCcUPYI
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`INFORMATION
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`IPR2016-00125
`Patent 8,290,778 B2
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`YALMA i
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`INFORMATION
`VACANT feteutty
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`v
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`M v2; OCCUPYING
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`Thetop illustration of Figure 22 depicts a map display that includes an
`advertisementfor a hotel; the advertisement indicates a vacancyfor the
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`hotel, a price for the hotel per night, and a free saunafor the hotel. See id. at
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`5:53-6:2; 16:40-17:25.
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`2. Analysis
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`Addressing the feature in claim 3 of “advertising that is contextually
`related to the organizationor entity,” and the feature in claim 5 of.
`“advertising is displayed substantially contemporaneous with a display of
`the graphical or visual representation of that location,” Petitioner contends
`that Fujiwara discloses advertising sales information on an example map
`display, as depicted in Figure 22. Pet. 38 (reproducing Fig. 22). The display
`contextually relates the advertisement information to an organization by
`displaying the two contemporaneously(e.g., hotel with advertising about
`room rates, vacancy, and sauna). Jd. at 38-39 (citing Ex. 1005, 5:53-6:2,
`Fig. 22; Ex. 1002 9 34-35); see also Ex. 1005, Fig. 23 (hotel information),
`16:40-17:25 (describing display of data including with respect to Fig. 22).
`Addressing claim 27, Petitioner relies on its showing with respect to
`the sameor similarlimitations recited in claims 1 and 22, and furtherrelies
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`on Fujiwara to suggest the following limitation:
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`IPR2016 00125
`Patent 8,290,778 B2
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`provide a graphical or visual representation of the location on
`the touch screen input and display devicc in orderto aid a user
`in finding the organization or entity, the graphical or visual
`representation of the location comprising a map graphic
`showing the location of the organization or entity relative to
`other organizationsor entities proximate thereto.
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`Ex. 1001, 27:49-55; see Pet. 41.
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`Regarding this claim 22 limitation, Petitioner contends that the map
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`disclosedin the display as represented by Figure 22 of Fujiwara (reproduced
`above), indicates hotels located proximate to one another, and the maps
`disclosed in Figs. 40(C) and 44 ofIto indicate a bank,fire station, and
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`departmentstore displayed relative to each other. Pct. 41 (citing Ex. 1002
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`q 37).
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`Petitioner relies on the combined teachings of Ito, Lind, and Fujiwara
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`to address the remaining limitations of claim 27, including the functions of
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`“said at least one program.” See id. 40-46; Ex. 1002. Regarding the claim
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`27 limitation of “comprises an interface compliant with an IEEE 802.11
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`standard” (Ex. 1001, 28:20-21), Petitioner cites a reference to Greenwood
`(Ex. 1009), thereby providing evidence to show that skilled artisans would
`have knownthat the IEEE 8U2.11 wireless standard applies to a variety of
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`knownwireless systems, including those disclosed by Ito and Lind. See Pet.
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`46 (citing Ex. 1009, 3:11-17).
`Petitioner contends that combining Fujiwara, with the system ofIto as
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`modified by Lind, including providing Fujiwara’s advertising or relevant
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`location information as set forth in challenged claims 3, 5, and 27, would
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`have been obviousin orderto provide “beneficial informationto the user.”
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`Id. at 48 (quoting Ex. 1005, 10:16; citing id. at 9:58—10:40; Ex. 1002 4 45).
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`Patent 8,290,778 B2
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`Petitioner also contendsthat “[p]roviding advertising information, as
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`disclosed by Fujiwara, in the systems of Ito and Lind benefits the user by
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`providing useful information, such as room rates, vacancy information,etc.,
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`such that users can be alerted of services of which they might not otherwise
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`be aware.” Jd. at 49. Petitioner further contends that combiningthe three
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`systemsto provide a suitable navigation system would have been obvious
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`for the purpose of providing a suitable amountofintelligible and desired
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`information. See id. at 48 (citing Ex. 1005, 1:55-2:2; Ex. 1002 4 45).
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`Basedon the preliminary record, we determine that Petitioner
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`demonstrates a reasonable likelihood of prevailing on its assertion that the
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`combination ofIto, Lind, and Fujiwara would have rendered claims3, 5, and
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`27 obvious.
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`D. Alleged Obviousness ofClaims 8 and 9
`Over Ito, Lind, and Walters
`Relying on the Andrews Declaration, Petitioner contends that claims 8
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`and 9 ofthe ’778 patent would have been obvious over the combination of
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`Ito, Lind, and Walters, Pet. 55-60. To support its contentions, Petitioner
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`provides explanations as to how the proffered combination teaches the
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`subject matter in each challenged claim. Id.
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`Claim 8 depends from claim 1, and requires the computerized
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`apparatus to be “transportable.” Ex. 1001, 26:5-7 Claim 9 depends from
`claim 8, and requires the computerized apparatus to be mounted on a
`transport apparatus so that an operator thereof “can view and access a touch
`screen of the touch screen input and display device, and utilize the speech
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`recognition apparatus, while operating the transport apparatus.” Jd. at
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`26:12-15.
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`Patent 8,290,778 B2
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`Relying on additional teachings in Walters, Petitioner explains how
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`the proffered combination suggests the subject matter of these challenged
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`claims, and presenta rationale to combinetheir respective teachings. Pet.
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`57-58 (citing Ex. 1006, 4:38-49, 63-66; Ex. 1004, 10, 13; Ex. 1002 4 46).
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`For example, Petitioner relies on Walters’s teaching that “the navigation unit
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`may be ‘mountedon the dash of a vehicle.’” Jd. at 57 (quoting Ex. 1006,
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`4:63-66; citing Ex. 1002 ¥ 47). Petitioner contends that Lind and Ito
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`similarly “disclose touch input and display devices” for similar systems. See
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`id. 57-58 (citing Ex. 1003, 10:48-50, 15:22—26; Ex. 1004, 11; Ex. 1002
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`4 47). Based on the combined teachings, Petitioner reasonsthat it would
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`have been “obvious to implement the computerized information and display
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`systemsof Ito and Lind as transportable deviccs to, for example, allow the
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`device to be positioned in a comfortable mannerfor the driver, passenger, or
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`other user.” Jd. at 58 (citing Ex. 1002 { 46).
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`Based onthe preliminary record, we determine that Petitioner
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`demonstrates a reasonable likelihood that it would prevail in showing that
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`the combination of Ito, Lind, and Walters would have rendered obvious
`dependentclaims 8 and 9.
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`TI. CONCLUSION
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`Wedeterminethat the information presented in the Petition
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`demonstratesthat there is a reasonable likelihood that Petitioner would
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`prevail in challenging claims 1, 3, 5, 8, 9, 22, 27, 28, and 30 of the ’778
`patent as unpatentable under § 103(a). At this stage of the proceeding, we
`have not madea final determination with respect to the patentability of these
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`challenged claims.
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`IPR2016-00125
`Patent 8,290,778 B2
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`IV. ORDER
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`Accordingly,it is
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`ORDEREDthat, pursuant to 35 U.S.C. § 314(a) and 37 C.F.R. § 42.4,
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`an inter partes review is herebyinstituted based on the following grounds
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`under § 103(a):
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`A. claims 1, 22, 28, and 30 as unpatentable over the combination of
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`Itu and Lind;
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`B. claims 3, 5, and 27 as unpatentable over the combination ofIto,
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`Lind, and Fujiwara; and
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`C. claims 8 and 9 as unpatentable over the combination ofIto, Lind,
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`and Walters; and
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`FURTHER ORDEREDthatpursuant to 35 U.S.C. § 314(c) and
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`37 C.F.R. § 42.4,notice is hereby given oftheinstitution ofa trial; thetrial
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`will commence on the entry date of this decision.
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`IPR2016-00125
`Patent 8,290,778 B2
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`For PETITIONER:
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`Michael J. Lennon
`Clifford A. Ulrich
`Michelle Carniaux
`KENYON & KENYON LLP
`miennon@kenyon.com
`culrich@kenyon.com
`mcarniaux@kenyon.com
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`Fot PATENT OWNER:
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`Peter J. Gutierrez, IT
`Mark Wang
`Kim H. Leung
`GAZDZINSKI & ASSOCIATES,PC
`peter.gutierrez@gazpat.com
`DOCKETWMGAZPAT.COUM
`kim.leun
`azpat.com
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