Unified Patents Petition Against Patent Owned by SpeakWare and Ambush Interactive

UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________
UNIFIED PATENTS INC.
Petitioner,
v.
AMBUSH INTERACTIVE, INC.
and
SPEAKWARE, INC.
Patent Owners.
____________
Case IPR2019-00495
U.S. Patent No. 6,397,186
____________
PETITION FOR INTER PARTES REVIEW

Petition for Inter Partes Review
TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................ i
LIST OF EXHIBITS.............................................................................................. iii
I. MANDATORY NOTICES PURSUANT TO 37 C.F.R. § 42.8 .................1
A. Real Party-In-Interest ............................................................................1
B. Related Matters......................................................................................1
C. Lead Counsel, Back-Up Counsel, and Service Information .................3
II. PAYMENT OF FEES ...................................................................................4
III. REQUIREMENTS FOR INTER PARTES REVIEW................................4
A. Grounds for Standing ............................................................................4
B. Identification of Challenge ....................................................................4
1. Prior Art ......................................................................................4
2. Grounds .......................................................................................7
IV. U.S. Patent 6,397,186 .....................................................................................7
A. Summary ...............................................................................................7
B. Prosecution History ...............................................................................9
V. LEVEL OF ORDINARY SKILL IN THE ART ......................................10
VI. CLAIM INTERPRETATION ....................................................................11
VII. GROUNDS OF UNPATENTABILITY.....................................................11
A. Ground 1: Claims 1-4, 7, 9-10, 12, 14, 16, 19, 21, 23-26, 28-31, 39,
41, 43 are rendered obvious by Bissonnette in view of Miyazawa
under 35 U.S.C. § 103(a).....................................................................12
i
1. Overview ...................................................................................12
2. Motivation to Combine Bissonnette and Miyazawa .................18
3. Claim Charts .............................................................................20
B. Ground 2: Claims 17-18 are rendered obvious by Bissonnette in view

of Miyazawa and Salazar under 35 U.S.C. § 103(a) ...........................65
C. Ground 3: Claims 19-20 are rendered obvious by Bissonnette in view

of Miyazawa and McCall under 35 U.S.C. § 103(a)...........................68
VIII. CONCLUSION ............................................................................................71
ii
LIST OF EXHIBITS
1001 U.S. Patent No. 6,397,186 by Bush et al.
1002 Prosecution History File of Application No. 09/469,707, which

matured into U.S. Patent No. 6,397,186
1003 Declaration of Bruce McNair
1004 Unified Patent’s Voluntary Interrogatory Responses
1005 USPTO Assignment Abstract of Title for U.S. Patent No. 6,397,186
1006 WIPO International Application Publication No. WO 1994/003020 by

Bissonnette et al.
1007 U.S. Patent No. 6,591,239 by McCall et al.
1008 U.S. Patent No. 5,983,186 by Miyazawa et al.
1009 U.S. Patent No. 5,774,841 by Salazar et al.
1010 Complaint for Patent Infringement, SpeakWare, Inc. v. Amazon.com,

Inc., 8:18-cv-01303 (CACD July 26, 2018)
1011 Complaint for Patent Infringement, SpeakWare, Inc. v. Microsoft

Corporation, 8:18-cv-01293 (CACD July 26, 2018)
1012 Complaint for Patent Infringement, SpeakWare, Inc. v. Google LLC,

8:18-cv-01299 (CACD July 26, 2018)
1013 Complaint for Patent Infringement, SpeakWare, Inc. v. Samsung

Electronics Co., Ltd. et al., 8:18-cv-01300 (CACD July 26, 2018)
1014 Complaint for Patent Infringement, SpeakWare, Inc. v. Apple Inc.,

8:18-cv-01302 (CACD July 26, 2018)
1015 R.L. Morris & J.R. Miller (ed), Designing with TTL Integrated
Circuits, McGraw-Hill (1971), pp. 131, 175
iii
1016 Tobey, Graeme, & Huelsman, Operational Amplifiers – Design and

Applications, Burr-Brown (1971), pp. 358-366
1017 F. Bates & M. Douglas, Programming Language One, Prentice-Hall

(1967), pp. 37-38
1018 B. Kernighan, The C Programming Language, Bell Telephone

Laboratories (1988), p. 41
1019 W.J. Weller, Assembly Level Programming for Small Computers,

D.C. Heath and Company (1975), p. 37, 41
1020 C. Melear, Hardware and Software Techniques for Power

Conservation in Portable Devices, Proceedings of WESCON ’94
(September 1994), pp.453-461
1021 M. Miyakate, S. Tsurufuji, M. Iida, & N. Mori, A Voice Activated

Telephone, IEEE Transactions on Consumer Electronics, Vol. CE-32,
No. 3 (August 1986)
1022 L.R. Rabiner, J.G. Wilpon, & A.E. Rosenberg, A Voice-Controlled

Repetory-Dialer System, The Bell System Technical Journal, Vol. 59,
No. 7 (September 1980)
1023 E.L. Campbell, VOX in a box, QST, American Radio Relay League
(March 1964) pp. 11-13
1024 U.S. Patent No. 5,519,762 by Bartlett
iv
I. MANDATORY NOTICES PURSUANT TO 37 C.F.R. § 42.8
A. Real Party-In-Interest
Pursuant to 37 C.F.R. § 42.8(b)(1), Petitioner Unified Patents Inc. (“Unified”)
certifies that it is the real party-in-interest, and further certifies that no other party
exercised control or could have exercised control over Unified’s participation in this
proceeding, the filing of this petition, or the conduct of any ensuing trial. In view of
Worlds Inc. v. Bungie, Inc., 903 F.3d 1237, 1242-44 (Fed. Cir. 2018), Unified has
submitted voluntary discovery in support of its certification. See Ex. 1004
(Petitioner’s Voluntary Interrogatory Responses).
B. Related Matters
U.S. Patent 6,397,186 (“the ’186 patent) is the subject of pending litigation
in the following cases:
1
Name Case No. Filing Date
SpeakWare, Inc. v. Microsoft

8-18-cv-01293 (CACD) 7/26/2018
Corporation
SpeakWare, Inc. v. Google LLC 8-18-cv-01299 (CACD) 7/26/2018
SpeakWare, Inc. v. Samsung

8-18-cv-01300 (CACD) 7/26/2018
Electronics Co., Ltd. et al.
SpeakWare, Inc. v. Apple Inc. 8-18-cv-01302 (CACD) 7/26/2018
SpeakWare, Inc. v.
8-18-cv-01303 (CACD) 7/26/2018
Amazon.com, Inc.
Google LLC v. SpeakWare, Inc. IPR2019-00340 11/30/2018
Google LLC v. SpeakWare, Inc. IPR2019-00342 11/30/2018
According to the assignment records of the USPTO, the ’186 patent is
assigned to Ambush Interactive, Inc. (Ex. 1005, Assignment Abstract of Title.)
However, an entity named “SpeakWare, Inc.” has stated that it is the owner of the
’186 patent in the complaints filed in each of the above-identified district court cases.
(Ex. 1010, 2 (“SpeakWare is the owner of U.S. Patent 6,397,186, entitled “Hands-
Free, Voice-Operated Remote Control Transmitter,” which issued on May 28,
2002.”); Ex. 1011, 2 (same); Ex. 1012, 2 (same); Ex. 1013, 2 (same); Ex. 1014, 2
(same).) Due to the discrepancy over the ownership of the ’186 patent, Petitioner has
identified both Ambush Interactive, Inc. and SpeakWare, Inc. as the owners of the
patent.
2
C. Lead Counsel, Back-Up Counsel, and Service Information
Lead Counsel Backup Counsel

Scott A. McKeown Jonathan R. Bowser
Reg. No. 42,866 Reg. No. 54,574
ROPES & GRAY LLP UNIFIED PATENTS INC.
2099 Pennsylvania Avenue, NW 1875 Connecticut Ave. NW, Floor 10
Washington, D.C. 20006-6807 Washington, D.C. 20009-6046
Phone: +1-202-508-4740 Phone: +1-202-701-1015
Fax: +1-617-235-9492 jbowser@unifiedpatents.com
scott.mckeown@ropesgray.com
Victor Cheung
Reg. No. 66,229
Mailing address for all PTAB ROPES & GRAY LLP
correspondence: 2099 Pennsylvania Avenue, NW
ROPES & GRAY LLP Washington, D.C. 20006-6807
IPRM—Floor 43 Phone: +1-202-508-4641
Prudential Tower Fax: +1-617-235-9492
800 Boylston Street victor.cheung@ropesgray.com
Boston, Massachusetts 02199-3600
Roshan Mansinghani
Reg. No. 62,429
UNIFIED PATENTS INC.
1875 Connecticut Ave. NW, Floor 10
Washington, D.C. 20009-6046
Phone: +1-214-945-0200
roshan@unifiedpatents.com
Please address all correspondence to lead and back-up counsel. Petitioner
consents to electronic service via email.
3
II. PAYMENT OF FEES
The undersigned authorizes the Office to charge the fees required by
37 C.F.R. § 42.15(a) for this Petition for inter partes review to Deposit Account No.
50-6990. Any additional fees that might be due are also authorized.
III. REQUIREMENTS FOR INTER PARTES REVIEW
A. Grounds for Standing
Pursuant to 37 C.F.R. § 42.104(a), Petitioner certifies that U.S. Patent
6,397,186 (“’186 patent,” Ex. 1001) is available for inter partes review and that
Petitioner is not barred or estopped from requesting inter partes review challenging
the claims of the ’186 patent on the grounds identified herein.
B. Identification of Challenge
Pursuant to 37 C.F.R. §§ 42.104(b) and (b)(1), Petitioner requests inter partes
review of claims 1-4, 7, 9-10, 12, 14, 16-21, 23-26, 28-31, 39, 41, and 43 of the ’186
patent, and that the Board cancel the same as unpatentable. The ’186 patent issued
from U.S. Patent Application No. 09/469,707 (filed 12/22/1999).
1. Prior Art
Petitioner relies upon the following prior art:
• Ex. 1006 – PCT Publication WO 94/03020 (“Bissonnette”) published on
2/3/1994 and is prior art to the ’186 patent under 35 U.S.C. § 102(b).
4
• Ex. 1007 – U.S. Patent 6,591,239 (“McCall”) issued on 7/8/2003, is based on
U.S. Patent Application 09/458,175 (filed 12/9/1999), and is prior art to the ’186
patent under 35 U.S.C. § 102(e).
• Ex. 1008 – U.S. Patent 5,983,186 (“Miyazawa”) issued on 11/9/1999 and is
based on U.S. Patent Application 08/700,181 (filed 8/20/1996). Miyazawa is prior
art to the ’186 patent under 35 U.S.C. § 102(a).
• Ex. 1009 – U.S. Patent 5,774,841 (“Salazar”) issued on 6/30/1998 and is prior
art to the ’186 patent under 35 U.S.C. § 102(b).
Neither Bissonnette, McCall, nor Salazar were considered during
prosecution of the ’186 patent, and they are not cumulative of any prior art
considered by the original patent examiner. Miyazawa was identified in Applicant’s
Information Disclosure Statement but was not substantively addressed during
prosecution of the ’186 patent.1 As a result, the prior art asserted in the challenges
1
Grounds based on a reference cited in an IDS but not considered at any length (e.g.,
Miyazawa) should not serve as the basis for the Board to deny institution under 35
U.S.C. § 325(d). See, e.g., Digital Check Corp. d/b/a ST Imaging v. E-Imagedata
Corp., IPR2017-00178, Paper 6 at 12-13 (PTAB April 25, 2017); Fox Factory, Inc.
v. SRAM, LLC, IPR2016-01876, Paper 8 at 7-9 (PTAB April 3, 2017); and Praxair
5
below do not constitute the same or substantially the same prior art or arguments
that were previously presented to the Office, as required by 35 U.S.C. § 325(d).
Moreover, the Board should not exercise its discretion under 35 U.S.C. §
314(a) to deny institution of this Petition in view of Google LLC’s challenges in
IPR2019-00340 (challenging claims 1-20) and IPR2019-00342 (challenging claims
21-50). Notably, Unified did not previously challenge the ’186 patent, Unified’s
petition was filed before Patent Owner(s) or the Board substantively addressed
Google’s challenges, and Unified presents different challenges based on different
prior art combinations supported by different expert testimony. In particular, as
shown below, Unified’s challenges are based primarily on the combination of
Bissonnette and Miyazawa. Google’s challenges in IPR2019-00340 and IPR2019-
00342 are based primarily on the combination of Salazar and Miyazawa, or
Salazar, Miyazawa and Bossemeyer (U.S. 6,012,027). Unified’s challenges
relying on Salazar are directed to only dependent claims 17 and 18. Unified’s
challenges are not cumulative of Google’s challenges. Accordingly, none of
discretionary factors 1—7 as set forth in General Plastic weigh in favor of denying
Distribution, Inc. v. INO Therapeutics LLC, IPR2015-00893, Paper 14 at 8 (PTAB
Sept. 22, 2015).
6
institution. General Plastic Indus. Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-
01357, Paper 19 at 15 (PTAB Sept. 6, 2017) (Section II.B.4.i. precedential).
2. Grounds
# Claims Statute Prior Art
1-4, 7, 9-10, 12, 14, 16, 21,

1 § 103(a) Bissonnette in view of Miyazawa
23-26, 28-31, 39, 41, 43
Bissonnette in view of Miyazawa

2 17-18 § 103(a)
and Salazar
Bissonnette in view of Miyazawa

3 19-20 § 103(a)
and McCall
Pursuant to 37 C.F.R. § 42.104(b)(4)-(5), Petitioner provides in Section VII
below an explanation of how the Challenged Claims of the ’186 patent are
unpatentable under the grounds identified above, including an identification of
where each claim element is found in the prior art, to demonstrate that Petitioner has
at least a reasonable likelihood of prevailing on these grounds.
IV. U.S. Patent 6,397,186
A. Summary
The ’186 patent, titled “Hands-Free, Voice-Operated Remote Control
Transmitter,” discloses a device that automatically activates and operates remote
devices (appliances) using voice commands. (Ex. 1001, Abstract.)
7
Fig. 1 of the ’186 patent, annotated below, shows an example of the electronic
components in a voice-operated system 10:
System 10 includes, among other things, a microphone 20, a speech
recognition system (including an audio switching circuit 30, a sound activation
circuit 40, and a speech recognition circuit 50), and an appliance control system
(including transmitter 70 and infrared light-emitting diode 80). (Id., 7:16-32.) By
determining whether the amplitude of a voice signal received at microphone 20
exceeds a certain threshold, system 10 is switched between a low-power sleep state
(a “sound activation mode”) and an awake state (a “speech recognition mode”) to,
inter alia, minimize power consumption. (Id., 4:27-32, 7:45-8:16). When system 10
is in a low-power sleep mode, an incoming voice signal is routed to the sound
8
activation circuit 40 to determine whether the amplitude of the voice signal exceeds
a threshold. (Id., 7:45-8:16.) When the amplitude exceeds the threshold, system 10
enters an awake state and the voice signal is routed to and recognized by the speech
recognition system to determine transmission of a control signal to one or more
remote devices (appliances). (Id.)
The ’186 patent purports to enable a simple procedure for efficient operation
by automatically switching between a low-power sleep mode and an awake mode.
(Id., 4:27-32, 7:45-8:16.) But such techniques were well-known prior to the filing of
the ’186 patent. (Ex. 1003 ¶¶ 26-28, 36-39.)
B. Prosecution History
During prosecution of the ’186 patent, the examiner identified prior art
systems that switched from low-power sleep modes to active modes by manual
switching (e.g., by depressing a button). To overcome prior art rejections, the
applicant: amended the claims to include converting audio signals into electrical
representative signals and argued that the applied prior art were deficient with
respect to automatically switching between operation modes (e.g., sound
9
activation/sleep and speech recognition/awake modes 2 (Ex. 1002 at 42-49);
amended the claims to include having the processor enter a low power state when in
the sound activation mode (id. at 71-88); and argued that the prior art taught away
from being combined due to allegedly conflicting discussions about the desirability
of push-to-talk switches to operate with automatic switching (id. at 71-88). The
USPTO issued a Notice of Allowance on 1/2/2002 without providing any reasons
for allowance. (Id. at 89-91.)
But the features that purportedly distinguished the claims of the ’186 patent
from the prior art of record were indeed well-known in the art before the earliest
possible priority date of the ’186 patent, as demonstrated by the prior art presented
herein.
V. LEVEL OF ORDINARY SKILL IN THE ART
The prior art discussed herein, and in the declaration of Bruce McNair (Ex.
1003) demonstrates that a person of ordinary skill in the art (“POSITA”), at the time
the ’186 patent was filed, would have been a person having a bachelor’s degree in
2
Providing an automatic means to replace a manual activity for achieving a same
result is not sufficient to distinguish over the prior art. In re Venner, 262 F.2d 91,
95 (CCPA 1958).
10
computer science, computer engineering, electrical engineering, or a related subject,
and one year of work experience with devices or systems for remotely controlling
electronic equipment. Less work experience may be compensated by a higher level
of education, such as a Master’s Degree, and vice versa. (Ex. 1003, ¶¶ 23-24.)
VI. CLAIM INTERPRETATION
At this time, Petitioner does not believe that any terms of the Challenged
Claims require construction beyond their plain and ordinary meaning.
VII. GROUNDS OF UNPATENTABILITY
Although the ’186 patent alleges to have invented a voice-operated remote
controller that automatically switches between different modes of operation, such
techniques were known in the communications device art prior to the earliest
possible priority date of the ’186 patent. As demonstrated below, the prior art
references render the Challenged Claims unpatentable.
This Petition is supported by the Declaration of Bruce McNair, which
describes the scope and content of the prior art at the time of the alleged invention
of the ’186 patent. (Ex. 1003, ¶¶ 10-11, 25-35, 41, 56, 64.)
11
A. Ground 1: Claims 1-4, 7, 9-10, 12, 14, 16, 19, 21, 23-26, 28-31, 39,
41, 43 are rendered obvious by Bissonnette in view of Miyazawa
under 35 U.S.C. § 103(a)
1. Overview
Bissonnette, titled “Voice Operated Remote Control Device,” discloses a
device that receives voice commands and performs voice recognition to determine
and transmit appropriate commands for controlling a variety of electronic
equipment. (Ex. 1006, Abstract.)
Bissonnette discloses that the device remotely controls electronic equipment
using customizable voice commands that are associated with control signals such as
IR codes. (Id., 2:34-3:20.) Like the ’186 patent, Bissonnette discloses that the device
is “normally in idle mode 200” (id., 33:27-29) to minimize power consumption (id.,
1:25-27, 11:28-31, 12:11-13).
For example, Bissonnette discloses that a user may press a voice key on the
device so that the device exits the idle mode and enters a state for processing voice
commands so that “the user can voice control: (1) all of the VCR playback functions;
(2) channel numbers; and (3) programming of recording events.” (Id., 33:20-26, Fig.
3.)
12
Fig. 3 of Bissonnette
shows one possible flow of steps
for the operation of a voice
controlled device. At step 307, a
user can press the Voice VCR key
and record voice events directed
to a VCR using voice commands.
Subsequently, at steps 308-309,
the system performs voice
recognition matching to
determine the appropriate voice
command and transmits an
associated IR code to the VCR.
Similar voice controlled
operations of the Record and
Channel functions are shown in steps 301-304 and 310-313, respectively. The device
then returns to idle mode. (Id., 37:5-39:29).
Therefore, Bissonnette discloses that activating a voice key (e.g., by pressing
it) switches the device from an idle low-power state to an active state of voice
recognition (e.g., to “listen” to the spoken voice command) and initiates voice
13
recognition to determine and transmit an associated control signal. (Id., 37:5-39:29.)
Bissonnette discloses switching between idle and active modes without additional
steps after pressing the voice key. (Id., 37:5-39:29, 38:25-37.) (Ex. 1003 ¶¶ 42-46.)
While Bissonnette discloses switching between an idle mode and an active
mode by pressing a voice key, Bissonnette does not explicitly disclose switching
automatically based on the amplitude of the amplitude of the received voice
command exceeding a threshold, and switching based on timing or errors.
Miyazawa does.
Miyazawa is titled “Voice-Activated Interactive Speech Recognition Device
and Method” and discloses a device that automatically switches its speech-
processing CPU between sleep and active states based, e.g., on a volume of a voice
command exceeding a threshold. (Ex. 1008, Abstract.) Miyazawa discloses that
known speech recognition devices would typically perform operations when
switches were manually turned on. Miyazawa sought to improve on those manual
processes with automatic switching.
Miyazawa discloses that it is beneficial for devices to remain in standby/sleep
modes, wherein electronic components are kept in low-power states, to minimize
battery drain. (Id., 2:30-42, 2:46-50.) When idle, Miyazawa’s device “determines
whether input sound signals…are at least at a predetermined threshold volume level
above the background noise [and, if] so, a determination is then made whether or not
14
threshold filtered input sound signal corresponds to a recognizable phrase, and, if so,
shifts the device from the sleep mode into the active mode.” (Id., 3:13-28, 4:10-22.)
And, with regard to the alleged point of distinction that was argued during
prosecution (see Section IV(B) above), Miyazawa discloses that the system
performs its volume-based switching automatically (“[a] device…in a standby state
waiting for speech input at all times, and perform[s] recognition operations by
sensing speech input, without the need for the user to turn on the switch every time”).
(Id., 2:13-18.)
Miyazawa discloses that the device includes a sleep mode, in which only
certain portions of the device remain active and consume small amounts of power,
and the device becomes fully activated only when it detects recognizable speech
input above background noise levels. (Id., 4:14-5:7.) As shown in Fig. 1, annotated
below, Miyazawa teaches using an input sound signal power detector 9 to first detect
a threshold level of input before activating the more power-consuming components,
such as CPU 10, which is kept in a power-saving state during the sleep mode. (Id.,
11:50-67.)
15
Miyazawa’s technique of automatic activation switching minimizes power
consumption and reduces accidental activations. (Id.)
Fig. 4 of Miyazawa, annotated below, shows one possible flow of steps for
the switching operations of a voice controlled device. At step s1, the device’s CPU
is sleeping (see step s7, for example) and the device compares the level of a received
voice command to a threshold level. (Id., 10:8-16.) Once a volume of a received
voice command (e.g., an amplitude) exceeds a threshold level, the CPU wakes and
exits the sleep mode, step s2. (Id., 10:14-18, 3:13-17.) Upon exiting the sleep mode,
16
the CPU detects and decodes the voice command to determine whether it is a
keyword (e.g., designated word or phrase such as “good morning” and “time”), at
steps s3 through s6. (Id., 10:17-45, 8:64-9:4.) If it is determined, at s6, that the voice
command is not a keyword, then the CPU re-enters sleep mode in order to conserve
power, step s7. (Id., 10:41-47.)
(Ex. 1003 ¶¶ 47-52.)
17
2. Motivation to Combine Bissonnette and Miyazawa
A POSITA would have been motivated to replace Bissonnette’s switching
functionality, which uses a manually operated voice key, with the automatic
switching techniques taught by Miyazawa—switching to a speech recognition mode
based on an input sound signal power detector that detects the amplitude of a voiced
command, and switching to a low-power idle mode when speech recognition is no
longer needed. Miyazawa specifically discloses that while some speech recognition
devices became ready to perform recognition operations in response to turning on a
switch (like in Bissonnette), it would have been more convenient to have a device
in a standby state waiting for speech input at all times, so the user did not need to
turn on the switch every time. (Ex. 1008, 2:8-18.) Because both Bissonnette and
Miyazawa were concerned with maximizing battery life by using idle and sleep
modes to reduce power drain from the voice recognition components, a POSITA
would have been motivated to look to analogous systems like Miyazawa to automate
and improve on the inconvenience of Bissonnette’s manual switching. (Ex. 1006,
11:28-31; Ex. 1008, 2:45-53, 11:33-42.) This would have been, at least, the simple
substitution of known elements (Miyazawa’s automatic switching techniques using
a sound signal power detector, timing criteria, and/or detected keywords) for another
(Bissonnette’s manual voice key) to obtain the predictable result of automatic
switching. (Ex. 1003 ¶¶ 26-32, 53.)
18
A POSITA would have had a reasonable expectation of success in making the
above modification. Bissonnette already disclosed components and methods for
switching between modes of a speech recognition device, and Miyazawa’s
teachings added checks of the speech inputs’ amplitude levels against some
threshold level and of speech inputs against time periods. Such checks were simply
comparisons of some values against others—basic functions found in standard off-
the-shelf components, from op-amps to more sophisticated microprocessors. As
shown by Bissonnette’s volume compensation techniques, for example, comparing
the values of signals was a well-known function that was within a POSITA’s ability
to apply. (Ex. 1006, 11:2-35; Ex. 1003 ¶¶ 28, 33-35, 54.)
19
3. Claim Charts 3
Claim 1 Bissonnette (Ex. 1006) and Miyazawa (Ex. 1008)

1[P] To the extent the preamble is considered limiting, Bissonnette
An audio discloses or at least renders obvious an audio signal control
signal activated system (including voice controller 1) for controlling appliances
control system (electronic equipment and electronic components).
for controlling • “A voice operated remote control device [that] accepts voice
appliances commands…determines the specific IR remote control code
comprising: or set of IR codes that represent the function corresponding
to the command and transmits the IR remote control codes
to the electronic equipement [sic] to be controlled….” (Ex.
1006, Abstract)
• “[T]here is provided a portable remote control device
operated by a voice command for controlling one or more
electronic components each which in turn is responsive to a
set of respective remote control codes.” (Id., 2:34-3:2)
• See annotated Fig. 1, showing voice controller 1, including
analog voice input 2 (for accepting the user’s voice input)
and IR output 12 (for outputting the IR codes to control
electronic equipment):
3
As discussed in Section VII.A.2, a POSITA would have been motivated to modify
Bissonnette with the teachings of Miyazawa to provide the voice input controls
in a more automatic and convenient way, including using a voice activated system.
(Ex. 1003 ¶¶ 53-54.). The claim charts are based on this obvious modification.
Bold and italicized text in the claim charts represent text from the Challenged
Claims.
20
To the extent the preamble is considered limiting, Miyazawa

discloses or at least renders obvious an audio signal activated
control system (a voice activated interactive speech
mechanism) for controlling appliances (electronic appliances
and similar devices):
• “[A] voice activated interactive speech mechanism….
performs various controls on the mechanism based on the
interpreted speech.” (Ex. 1008, 2:56-3:7)
• “All of the above embodiments include examples wherein
the present invention may be applied to a stuffed doll toy,
the present invention in no means limited to stuffed dolls….
[I]n addition to toys, the invention can be applied to
interactive game machines and electronic appliances that are
used in every day life.” (Id., 14:8-14.)
• “This may include … applications and embodiments as
scanning machines, home electronics, computer subsystems,
electronic appliances or similar devices.” (Id., 14:23-26.)
21
1[A] Bissonnette discloses or at least renders obvious a microphone

a microphone (e.g., analog voice input 2 that can be or include a microphone)
for receiving for receiving audio signals (e.g., from the user’s voice) and
audio signals converting the audio signals to electrical signals (e.g.,
and converting conditioned signals for microcontroller 20).
said audio • “An Analog Voice Input 2 converts the audio information in
signals to the user's voice to an analog electrical signal and also
electrical conditions this electrical signal for processing by
signals; Microcontroller 20….Analog Voice Input 2 includes a
microphone that is mounted against the front of the casing
with a small opening through the plastic located at the center
of the microphone.” (Ex. 1006, 10:8-19; Fig. 1)
• See annotated Fig. 1, showing analog voice input 2:
• “In operation, the voice signal output of the microphone is

fed into an analog input section of Analog Voice Input 2.
The signal is then conditioned by well known electronic
circuits that amplify and filter the voice input signal from
the microphone prior to going to an analog to digital
converter (ADC) 24 in microcontroller 20…. In a preferred
embodiment, Analog Voice Input 2 consists of three stages
of gain and filtering…. The overall frequency response of
22
the analog section is 300 to 4800 Hz. A third and final stage
of Analog Voice Input 2 provides for analog gain control
(AGC) of the voice input signal.” (Id., 10:30-11:22.)
• “[V]oice commands are received, filtered and conditioned
by Analog Voice Input 2.” (Id., 32:15-17.)
• “[A]n analog input circuit for receiving the voice command
and generating an analog voice signal based on the voice
command” (Id., 48:7-9 (claim 1).)
1[B] Bissonnette discloses or at least renders obvious a speech
a speech recognition system that includes a processor (e.g.,
recognition microcontroller 20 that includes microprocessor 21 and voice
system for recognition software stored in ROM 22 of Fig. 1) for receiving
receiving said the electrical signals (output from the Analog Voice Input 2, as
electrical discussed in claim 1[A]).
signals, said • “The input ports of Microcontroller 20 thus include: a voice
speech data port for receiving the analog voice signal from Analog
recognition Voice Input 2….” (Ex. 1006, 14:25-27)
system • “The output of Analog Voice Input 2 feeds into an 8-bit
including a ADC 24 within Microcontroller 20 which samples the data
processor and at 9.6 Khz…. Microcontroller 20 then processes the digital
having a low voice signal by means of microprocessor 21 and a voice
power sound recognition software routine that is part of a control program
activation stored in ROM 22. The digital voice signal is converted into
mode for a voice template that is compared against previously stored
detecting the voice templates of the user's voice. The program then
presence of decodes the voice templates as explained further below.”
said electrical (Id., 11:36-12:10)
signals and a
speech • See annotated Fig. 1, showing microcontroller 20 and
recognition microprocessor 21:
mode for
converting said
electrical
signals to
electrical
representative
signals,
23
Bissonnette discloses or at least renders obvious the speech

recognition system having a low power … mode (low power
idle mode 200).
• “[I]n Figure 3, the control program of the present invention
is normally in idle mode 200.” (Id., 33:27-29)
• “To maximize on battery life, Analog Voice Input 2 is also
powered up only when the user activates one of three voice
keys described below to speak into the unit.” (Id., 11:28-31)
Bissonnette discloses or at least renders obvious the speech
recognition system having a speech recognition mode for
converting said electrical signals to electrical representative
signals (e.g., in voice mode control of Fig. 3, converting the
conditioned signals for into voice templates).
• “--processing of voice commands--
Referring generally to Figure 3, to operate the present
invention by use of voice commands the user selects one of
three voice keys (shown as 33, 34, or 37 in Fig. 5A)
depending on the desired function.” (Id., 33:19-23)
24
• “[--voice recognition software operation--]

The conditioned voice signal is … converted by ADC 24
into a digital voice signal. (Id., 32:17-18)
• “The digital voice signal is converted into a voice template
that is compared against previously stored voice templates
of the user's voice. The program then decodes the voice
templates as explained further below.” (Id., 12:7-10)
• “[A] processor … for generating a first digital voice
template from the first digital voice signal….” (Id., 48:19-22
(claim 1))
• See also id., 32:13-32 (describing converting the
conditioned voice signal into a digital voice signal, sampling
the digital voice signal, and using a transform process to
convert each spoken word to a fixed length sequence of
normalized frequency spectra (the voice template)).
• “Figure 3 shows some of the functions that can be operated
by voice commands; obviously, others could be
implemented as required by any particular application.” (Id.,
31:4-7)
• See Fig. 3, annotated to show the steps of the diagram
involving voice mode control (id., 6:12-14)
25
Miyazawa discloses or at least renders obvious a low power (a

sleep mode in which CPU 10 is in an inactive power-saving
state) sound activation mode for detecting the presence of said
electrical signals (in the sleep mode, detecting the presence of
input sound signal power above a threshold before activating
the CPU 10).
• “CPU 10 is in an inactive, power-saving state during the
sleep mode, and only sound signal capture unit 1 and input
sound signal power detector 9 are in the active state. In
conventional speech recognition devices, power
26
consumption by an active mode CPU 10 is substantial in

order to handle complex speech recognition tasks. By
contrast, the power consumption by sound signal capture
unit 1 and input sound signal power detector 9 is relatively
quite small. In the present invention, CPU 10 momentarily
wakes up when a sound signal of at least a certain level is
input….Therefore, power consumption during the sleep
mode can be kept at an extremely low level, even in noisy
environments.” (Ex. 1008, 11:50-67)
• “[V]oice is input from sound signal input unit 1 and that the
sound signal waveform shown in FIG. 3A, for example, is
output by sound signal capture unit 1. Based on this, input
sound signal power detector 9 detects the input sound signal
power as explained below. Control begins at step s1, as
shown in FIG. 4. In step s1, input sound signal power
detector 9 determines whether or not the power of the input
sound signal is greater than a preset threshold th1, and
outputs a signal indicating that a sound signal has been input
when the power of the input sound signal becomes greater
than threshold th1 (at time t1 FIG. 3A). In such manner the
input signal power detector continues to monitor for sound
input signals until one meeting or exceeded threshold th1 is
encountered. (Id., 10:3-16)
1[C] Bissonnette discloses or at least renders obvious decoding said
decoding said electrical representative signals (e.g., microprocessor 21
electrical decodes and analyzes voice templates) and generating control
representative signals (e.g., IR remote control codes from RAM 23) for
signals and controlling one or more appliances (e.g., for controlling
generating component systems).
control signals • “Microcontroller 20 then processes the digital voice signal
for controlling by means of microprocessor 21 and a voice recognition
one or more software routine that is part of a control program stored in
appliances, ROM 22. The digital voice signal is converted into a voice
template that is compared against previously stored voice
templates of the user's voice. The program then decodes the
voice templates….” (Ex. 1006, 12:3-10)
27
• “[T]he voice recognition software within the control

program processes and decodes the spoken word at 311,
performs a device select at 312, and then outputs the
appropriate IR remote control code at 313.” (Id., 38:21-25)
• “When the user enters (…via a voice command) a particular
component command corresponding to one of the
component functions (such as volume for example),
processor 21, automatically selects both the appropriate
component and the remote control code corresponding to the
component function based on the component command
entered and the configuration data stored in reference RAM
23. This remote control code is then transmitted by IR
output 12 to the component to perform the function
corresponding to the component command.” (Id., 25:19-30)
• “[T]he present invention automatically outputs the correct
sequence of remote control codes required to effectuate a
particular system function. For example, when the user
enters (…via a voice command) a particular system
command (such as PLAY for example to play a
videocassette on a VCR), processor 21 automatically
generates a sequence of remote control codes based on the
… command and the configuration data described above.
This sequence would include remote control codes for
setting the TV to the appropriate channel depending on the
configuration data and playing a videocassette in the VCR[.]
IR output 12 then transmits the sequence of remote control
codes to the TV/cable box and VCR.” (Id., 29:16-27.)
• “a processor … for executing the control program to
determine whether the first digital voice template is
substantially equivalent to one of the reference digital voice
templates, and for selecting one of the remote control codes
based on the first digital voice template” (Id., 48:19-28
(claim 1))
• See also id., 34:22-25 (saying “START” to start a recording
process by outputting the necessary IR remote control
codes), 37:15-31 (saying a string of commands, with each
28
command being translated into corresponding remote

control codes)
1[D] Bissonnette discloses or at least renders obvious that, in the
wherein in said speech recognition mode (e.g., the voice operation mode/voice
speech mode control), the processor (e.g., microprocessor 21 and
recognition voice recognition software stored in ROM 22 of Fig. 2)
mode said decodes the electrical representative signals (e.g., decodes the
processor voice templates).
decodes said • “Microcontroller 20 then processes the digital voice signal
electrical by means of microprocessor 21 and a voice recognition
representative software routine that is part of a control program stored in
signals and ROM 22. The digital voice signal is converted into a voice
wherein in said template that is compared against previously stored voice
sound templates of the user's voice. The program then decodes the
activation voice templates….” (Ex. 1006, 12:3-10)
mode said • “[T]he voice recognition software within the control
processor is in program processes and decodes the spoken word at 311,
a low power performs a device select at 312, and then outputs the
state, appropriate IR remote control code at 313.” (Id., 38:21-25)
• “a processor … for executing the control program to
determine whether the first digital voice template is
substantially equivalent to one of the reference digital voice
templates” (Id., 48:19-26 (claim 1))
As discussed above, Bissonnette, in view of Miyazawa,
discloses the sound activation mode. (See, e.g., claim 1[B]
above.) Miyazawa discloses or at least renders obvious that the
sound activation mode includes a low power state of the
processor (a non-active, inactive, power-saving, low power
consumption, sleep mode state).
• “[P]ower detector includes processing circuitry for forcing
the mechanism to selectively enter or terminate a low-power
sleep mode.” (Ex. 1008, 3:18-20)
• “CPU 10 is placed in a non-active state or sleep mode, as is
well known in the computing arts.” (Id., 9:67-10:2)
29

environments.” (Id., 11:50-67)
1[E] Bissonnette discloses or at least renders obvious switching
said speech from an activation mode (idle mode 200) to the speech
recognition recognition mode (e.g., the voice operation mode/voice mode
system control).
configured to • “[T]o operate the present invention by use of voice
automatically commands the user selects one of three voice
switch from keys…[¶]…the control program of the present invention is
said sound normally in idle mode 200.” (Ex. 1006, 33:20-29)
activation • See Fig. 3, showing an example flow diagram for the voice
mode to said operation mode software routine, which includes switches to
speech and from idle mode 200 (idle mode 200 shown in red). (Id.,
recognition 6:12-14)
mode as a
function of the
amplitude of
said electrical
signals; and
30
Miyazawa discloses or at least renders obvious automatically

switching from the sound activation mode to the speech
recognition mode (switching from the low-power sleep mode,
in which only the input sound signal power detector 9 is active,
to the speech recognition mode, in which CPU 10 wakes to
perform speech analysis processing) as a function of the
amplitude of the electrical signals (automatically switching as
a function of the amplitude of the input sound signal exceeding
a threshold).
31
• “[I]nput sound signal power detector in communication with

at least the sound signal input unit and the interaction
controller for detecting the volume, magnitude or amplitude
of input sound signals based on sound signal waveforms
perceived by the sound input unit or capture device.” (Ex.
1008, 3:13-17, 4:10-13)
• “In step s1, input sound signal power detector 9 determines
whether or not the power of the input sound signal is greater
than a preset threshold th1, and outputs a signal indicating
that a sound signal has been input when the power of the
input sound signal becomes greater than threshold th1 (at
time t1 FIG. 3A). In such manner the input signal power
detector continues to monitor for sound input signals until
one meeting or exceeded threshold th1 is encountered.
Thereafter, control passes to step s2 in which CPU 10 wakes
up (step s2), and after a specified amount of time following
t1, (in about 10 msec) speech analyzer 2 thereof performs
speech analysis processing based on the signal captured by
sound signal capture unit 1 (step s3).” (Id., 10:8-21,
Abstract)
1[F] Bissonnette discloses or at least renders obvious an appliance
an appliance control circuit including a transmitter (e.g, transistors driving
control circuit a transmitter IR Output 12 having three LEDs) that receives the
which includes control signals from the speech recognition system (receives
a transmitter, the remote control codes as driven by Microcontroller 20) and
said appliance generates and automatically transmits appliance control
control circuit signals to the appliances (e.g., driving the output of IR remote
configured to control codes to the components).
receive said • “[A] Voice Controller 1 embodying the present invention
control signals consists generally of … an IR Output 12 and a
from said Microcontroller 20,” (Ex. 1006, 7:4-12)
speech • “The IR remote control codes from the user’s separate
recognition remote controllers are stored by the Microcontroller 20 until
system and such time as the user desires to control one of the separate
generate and components in their system. The IR remote control codes are
automatically output by IR Output 12. IR Output 12 … is also
transmit one or conventional, and consists of a well-known circuit including
more appliance
32
control signals three (3) infra-red light emitting diodes (LEDs) driven by
to said one or two transistors which in turn are driven from an output port
more of the Microcontroller 20.” (Id., 8:34-9:2)
appliances. • “When the user enters (…via a voice command) a particular
corresponding to the component command.” (Id., 25:19-30)
• See also 29:16-27 (transmitting IR remote control codes
based on a sequence of codes automatically generated by
processor 21); 34:20-35:4 (outputting IR remote control
codes to control multiple appliances as necessary), 37:32-
39:26 (outputting IR remote control codes to multiple
components).
Claim 2 Bissonnette and Miyazawa
The audio Bissonnette discloses or at least renders obvious the
signal activated transmitter (IR Output 12) configured to wirelessly (e.g., via
control system IR or RF signaling) transmit the appliance control signals
as recited (e.g., IR remote control codes) to the one or more appliances
in claim 1, (components, e.g., TV, VCR, cable box).
wherein said • “While one embodiment of IR output 12 has been shown, a
transmitter is number of equivalent circuits which output IR remote
configured to control codes could be used in place of the circuit shown.
wirelessly Moreover, as with the remote control capture circuit
transmit said described above, the remote control output circuit (IR output
one or more 12) of the present invention could also easily be
appliance implemented by a skilled artisan to accommodate RF rather
control signals than IR signals.” (Ex. 1006, 9:34-10:4)
to said one or
more • See also id., 7:4-12; 8:34-9:2; 25:19-30; 29:16-27; 34:20-
appliances. 35:4; and 37:32-39:26 (all describing wireless IR output of
the IR remote control codes).
33

signal activated transmitter is an infrared transmitter (e.g., IR output 12). (Ex.
control system 1006, 9:34-35; see citations above regarding Claim 2)
as recited
in claim 2,
wherein said
transmitter is
an infrared
transmitter.
signal activated transmitter is an RF transmitter (e.g., output circuit
control system implemented to accommodate RF). (Ex. 1006, 9:34-10:4)
as recited
in claim 2,
wherein said
transmitter is
an RF
transmitter.
34

The audio As discussed above, Bissonnette, in view of Miyazawa,
signal activated discloses or at least renders obvious the low power sound
control system activation mode including the low power state of the processor.
as recited (See, e.g., claim 1[D] above.) Miyazawa further discloses or at
in claim 1, least renders obvious that the low power state of the processor
wherein said is a sleep state (e.g., a non-active, inactive, power-saving, low
low power power consumption, sleep mode state).
state of said • “[P]ower detector includes processing circuitry for forcing
processor is a the mechanism to selectively enter or terminate a low-power
sleep state. sleep mode.” (Ex. 1008, 3:18-20)
environments.” (Id., 11:50-67)
35

The audio Bissonnette discloses or at least renders obvious that the
signal activated speech recognition system switches from a speech recognition
control system mode (e.g., the voice operation mode/voice mode control) to a
as recited low power activation mode (idle mode 200) after, e.g.,
in claim 1, outputting IR remote control codes, as shown in annotated Fig.
wherein said 3 below.
speech
recognition
system is
further
configured to
automatically
terminate said
speech
recognition
mode and
automatically
switch to said
low power
sound
activation
mode.
• “[T]he control program of the present invention is normally

in idle mode 200.” (Ex. 1006, 33:27-29)
Miyazawa discloses or at least renders obvious the system
automatically terminating the speech recognition mode and
automatically switching to the low power sound activation
mode (e.g., when a non-keyword is detected or if there is a
36
duration of no input, the system returns to the low-power sleep

mode, in which only the input sound signal power detector 9 is
active).
• “After the sleep mode is initially set, the stuffed toy is
placed in the sleep mode after conversation with the toy is
finished. In this particular embodiment, if the speaker is
quiet for a specified duration or if the speaker says ‘Be
quiet’ or ‘Good night’ to the stuffed toy, the device
interprets this as a sleep mode request, sets the sleep mode
flag and places itself in the sleep mode.” (Ex. 1008, 9:52-58)
• “If the input sound signal is determined not to contain a
keyword such as ‘Power On’; ‘Hello’ ‘Good Morning’ or
the like, the input sound signal is judged to be noise or some
other speech signal not intended for the stuffed toy, so
control passes to step s7 CPU 10 goes inactive, and
processing returns to step s1, wherein the device again
listens for sound signal input.” (Id., 10:41-47)
• “If the speaker says ‘Be quiet’ or ‘Good night’ to the stuffed
toy or if the speaker is quiet for a specified duration, the
device interprets this as a sleep mode request….[I]f either of
these sleep mode requests is present,…the device and CPU
10 go into the sleep mode (step s15) and returns to the state
in step s1 again.” (Id., 11:18-29)
• “[B]y keeping the device … in the sleep mode, the speaker
need not bother to turn on the switch when he or she wants
to converse with the stuffed toy, and can simply speak to the
toy using a recognizable phrase, yet economical battery
drain characteristics can be preserved.” (Id., 11:33-42)
• “[R]eturning the speech recognition CPU to the sleep mode
if the detected first sound fails to contain the at least one
keyword recognized by the speech recognition CPU as an
activation command.” (Id., 14:55-58 (claim 1))
37

The audio Miyazawa discloses or at least renders obvious that conditions
signal activated for automatically terminating the speech recognition mode (as
control system discussed in claim 9 above) include detecting a predetermined
as recited period of time (e.g., a specified duration with no input).
in claim 9, • “[T]he stuffed toy is placed in the sleep mode after
wherein said conversation with the toy is finished. In this particular
speech embodiment, if the speaker is quiet for a specified
recognition duration…, the device interprets this as a sleep mode
system is request, sets the sleep mode flag and places itself in the
configured for sleep mode.” (Ex. 1008, 9:53-58)
automatically
terminating • “If … the speaker is quiet for a specified duration, the
said speech device interprets this as a sleep mode request….[T]he device
recognition and CPU 10 go into the sleep mode (step s15) and returns to
mode after a the state in step s1 again.” (Id., 11:18-29)
predetermined
period of time.
38

The audio Miyazawa discloses or at least renders obvious that conditions
signal activated for automatically terminating the speech recognition mode (as
control system discussed in claim 9 above) are based upon results of the
as recited decoding of the electrical representative signals (e.g., decoding
in claim 9, explicit voice commands (“Be quiet”) or errors (no keywords
wherein said result from decoding).
speech • “If the input sound signal is determined not to contain a
recognition keyword such as ‘Power On’; ‘Hello’ ‘Good Morning’ or
system is the like, the input sound signal is judged to be noise or some
configured for other speech signal not intended for the stuffed toy, so
automatically control passes to step s7 CPU 10 goes inactive, and
terminating processing returns to step s1, wherein the device again
said speech listens for sound signal input.” (Ex. 1008, 10:41-47)
recognition
mode based • “If the speaker says ‘Be quiet’ or ‘Good night’ to the stuffed
upon the toy…, the device interprets this as a sleep mode
results of said request….[T]he device and CPU 10 go into the sleep mode
decoding of (step s15) and returns to the state in step s1 again.” (Id.,
said electrical 11:18-29)
representative
signals.
39

The audio Bissonnette discloses or at least renders obvious a memory
signal activated (e.g., RAM 23, ROM Code Library 7) for storing data
control system associated with appliance control signals (e.g., voice
as recited templates, IR control codes).
in claim 1, • “This device includes a voice input circuit for receiving the
wherein said voice command and generating a voice signal based on the
control system voice command; an analog to digital converter … for
further converting the voice signal into a first digital voice signal; a
comprises a reference memory (a RAM) for storing a plurality of
memory for reference digital voice templates and the remote control
storage of data codes; a program memory (a ROM) for storing a control
associated with program; a processor … for converting the first digital voice
said appliance signal into a first voice template and for executing the
control signals. control program to determine whether the first voice
template is substantially equivalent to one of the reference
voice templates, and for selecting one of the remote control
codes based on the first voice template; and finally, a remote
control code transmitter coupled to the processor for
transmitting the selected remote control code.” (Ex. 1006,
3:2-20)
• “In order to recognize a spoken word or phrase, this voice
template is compared to the reference voice templates
previously trained and stored in RAM 23 which represent
the vocabulary of word commands used in the system.” (Id.,
32:32-36)
• “Microcontroller 20 works out of its high speed internal
memory RAM 23 any operations requiring high speed
memory access such as for voice recognition or IR code
capture or transmission. In addition to External DRAM 8 the
present invention accommodates an additional ROM Code
Library 7 to support a code library of known manufacturer
IR remote control codes. ROM Code Library 7 allows the
user to select an IR code associated with their equipment
without having to learn the remote control code through IR
Input 5.” (Id., 15:25-35)
40
• “The present invention includes sufficient RAM capacity to

learn and store the IR codes from several separate remote
control units.” (Id., 7:18-21)
• “a reference memory for storing a plurality of reference
digital voice templates and the remote control codes” (Id.,
48:14-16 (claim 1))
The audio Bissonnette discloses or at least renders obvious a memory
signal activated (e.g., RAM 23, ROM Code Library 7) for storing data
control system associated with a plurality of appliance control signals (e.g.,
as recited voice templates, a library of IR control codes) for controlling a
in claim 1, plurality of the appliances (e.g., TV, VCR, cable box, etc.; the
wherein said memory has capacity for storing IR codes from several separate
control system remote control units).
further • “Microcontroller 20 works out of its high speed internal
comprises a memory RAM 23 any operations requiring high speed
memory for memory access such as for voice recognition or IR code
storage of data capture or transmission. In addition to External DRAM 8 the
associated with present invention accommodates an additional ROM Code
a plurality of Library 7 to support a code library of known manufacturer
said appliance IR remote control codes. ROM Code Library 7 allows the
control signals user to select an IR code associated with their equipment
for controlling without having to learn the remote control code through IR
a plurality of Input 5.” (Ex. 1006, 15:25-35)
said
appliances. • “This circuit is used to capture IR remote control codes for
later control of each unit of the user’s equipment, such as
their TV, VCR, cable box, satellite dish receiver and the
like. The present invention includes sufficient RAM
capacity to learn and store the IR codes from several
separate remote control units.” (Id., 7:15-21)
• Id., 3:2-20 and 32:32-36 (describing RAM for storing
reference digital voice templates and remote control codes,
and describing the selection of remote control codes based
on matched voice templates).
41

An audio discloses or at least renders obvious an audio signal control
signal activated system (including voice controller 1) for controlling appliances
control system (electronic equipment and electronic components). (Ex. 1006
for controlling Abstract; 2:34-3:2; annotated Fig. 1 in claim 1[P])
one or more To the extent the preamble is considered limiting, Miyazawa
appliances, discloses or at least renders obvious an audio signal activated
said control control system (a voice activated interactive speech
system mechanism) for controlling appliances (electronic appliances
comprising: and similar devices). (Ex. 1008, 2:56-3:7, 14:8-14, 14:23-26;
see citations above regarding claim 1[P].)
21[A] Bissonnette discloses or at least renders obvious a microphone
a microphone (e.g., analog voice input 2 that can be or include a microphone)
for receiving for receiving audio signals (e.g., from the user’s voice) and
audio signals converting the audio signals to electrical signals (e.g.,
and converting conditioned signals for microcontroller 20). (Id., 10:8-19;
said audio annotated Fig. 1 in claim 1[A]; 10:30-11:22; 32:15-17; 48:7-9
signals to (claim 1); see citations above regarding claim 1[A].)
electrical
signals;
21[B] Bissonnette discloses or at least renders obvious a speech
a speech recognition circuit that includes a processor (e.g.,
recognition microcontroller 20 that includes microprocessor 21 and voice
circuit recognition software stored in ROM 22 of Fig. 1). (Id., 14:25-
including a 27; 12:3-10; annotated Fig. 1 in claim 1[B]; see citations above
processor and regarding claim 1[B])
having a Bissonnette discloses or at least renders obvious a plurality of
plurality of modes, including a low power … mode (low power idle mode
modes of 200) and a speech recognition mode for converting said
operation electrical signals to electrical representative signals (e.g., in
including a voice mode control of Fig. 3, converting the conditioned
speech signals for into voice templates). (Id., 33:27-29; 11:28-31;
recognition 33:19-23; 32:17-18; 12:7-10; 48:19-22; 32:13-32; 31:4-7; 6:12-
mode and a 14; annotated Fig. 3 in claim 1[B]; see citations above
low power regarding claim 1[B])
sound
42
activation Miyazawa discloses or at least renders obvious a low power (a

mode, sleep mode in which CPU 10 is in an inactive power-saving
state) sound activation mode for detecting the presence of said
electrical signals (in the sleep mode, detecting the presence of
input sound signal power above a threshold before activating
the CPU 10). (Ex. 1008, 11:50-67, 10:3-16; see citations above
regarding claim 1[B])
21[C] wherein Bissonnette discloses or at least renders obvious the speech
in said speech recognition mode for converting said electrical signals to
recognition electrical representative signals (e.g., in voice mode control of
mode said Fig. 3, converting the conditioned signals for into voice
speech templates). (Id., 33:19-23; 32:17-18; 12:7-10; 48:19-22; 32:13-
recognition 32; 31:4-7; 6:12-14; annotated Fig. 3 in claim 1[B]; see
circuit converts citations above regarding claims 1[B]-1[C])
said electrical Bissonnette discloses or at least renders obvious the speech
signals to recognition circuit, including the processor, decoding said
electrical electrical representative signals (e.g., microprocessor 21
representative decodes and analyzes voice templates). (Ex. 1006, 12:3-10;
signals and 38:21-25; 48:19-28; see citations above regarding claim 1[C])
said processor
decodes said
electrical
representative
signals and
21[D] wherein As discussed above, Bissonnette, in view of Miyazawa,
in said sound discloses or at least renders obvious the sound activation mode
activation is a low power sound activation mode. (See, e.g., claims 1[B]
mode said and 21[B] above.) Miyazawa discloses or at least renders
processor is obvious that the low power sound activation mode includes a
placed in a low low power state of the processor. (Ex. 1008, 3:18-20, 9:67-
power state; 10:2, 11:50-67; see citations above regarding claim 1[D])
21[E] a sound Bissonnette discloses or at least renders obvious switching
activation from an activation mode (idle mode 200) to the speech
circuit recognition mode (e.g., the voice operation mode/voice mode
configured for control). (Ex. 1006, 33:20-29; 6:12-14; annotated Fig. 3 in
determining if claim 1[E]; see citations above regarding claim 1[E])
the amplitude
of said
43
electrical Miyazawa discloses or at least renders obvious a sound

signals exceeds activation circuit (e.g., input sound signal power detector 9)
a configured for determining if the amplitude of the electrical
predetermined signals exceeds a predetermined threshold (e.g., whether or
threshold and not the power of the input sound signal is greater than a preset
causing said threshold th1) and causing the speech recognition circuit to
speech switch automatically from the sound activation mode to
recognition another mode (e.g., switch to the speech recognition mode, the
circuit to voice operation mode of Bissonnette). (Ex. 1008, 3:13-17,
switch 4:10-13, 10:8-21, Abstract; see citations above regarding claim
automatically 1[E])
from said
sound
activation
mode to
another of said
plurality of
said modes of
operation;
21[F] said Bissonnette discloses or at least renders obvious the speech
speech recognition circuit generating first control signals (remote
recognition control codes used to drive the output of IR remote control
circuit codes) in the speech recognition mode (the voice operation
configured for mode/voice mode control) if the electrical signals represent
generating first one or more predetermined audible commands (user voice
control signals commands correspond to component functions).
in said speech • “When the user enters (…via a voice command) a particular
recognition component command corresponding to one of the
mode if said component functions (such as volume for example),
electrical processor 21, automatically selects both the appropriate
signals component and the remote control code corresponding to the
represent one component function based on the component command
or more entered and the configuration data stored in reference RAM
predetermined 23. This remote control code is then transmitted by IR
audible output 12 to the component to perform the function
commands, corresponding to the component command.” (Id., 25:19-30)
• “IR Output 12 … is also conventional, and consists of a
well-known circuit including three (3) infra-red light
44
emitting diodes (LEDs) driven by two transistors which in

turn are driven from an output port of the Microcontroller
20.” (Id., 8:34-9:2)
codes to control multiple appliances as necessary), 37:32-
39:26 (outputting IR remote control codes to multiple
components).
• See also citations and discussions above regarding claim
1[F].
21[G] said Bissonnette discloses or at least renders obvious that the
speech speech recognition circuit is configured for switching from
recognition the speech recognition mode (e.g., the voice operation
circuit mode/voice mode control) to another mode of the plurality of
configured for the modes of operation (to an idle mode 200), under
switching predetermined conditions (e.g., after outputting an IR code
automatically (steps 304, 309, 313)), as shown in annotated Fig. 3 below.
from said
speech
recognition
mode to
another of said
plurality of
said modes of
operation
under
predetermined
conditions; and
45
• “[T]he control program of the present invention is normally

in idle mode 200.” (Ex. 1006, 33:27-29)
Miyazawa further discloses or at least renders obvious, e.g.,
the system automatically terminating the speech recognition
mode and automatically switching from the speech
recognition mode to another of the plurality of modes of
operation (switching from the speech recognition mode, in
which CPU 10 is awake to perform speech analysis processing,
to the low-power sleep mode, in which only the input sound
signal power detector 9 is active) under predetermined
conditions, such as when a non-keyword is detected or if there
is a duration of no input.
46

listens for sound signal input.” (Ex. 1008, 10:41-47)
21[H] an Bissonnette discloses or at least renders obvious an appliance
appliance control circuit, including a transmitter (e.g, transistors driving
control circuit a transmitter IR Output 12 having three LEDs), that receives
configured for the first control signals from the speech recognition circuit
receiving said (receives the remote control codes as driven by Microcontroller
first control 20) and generates second control signals to cause appliances
signals from to perform one or more functions associated with the first
said speech control signals (e.g., driving the output of IR remote control
recognition codes to the components). (Ex. 1006, 7:4-12; 8:34-9:2; 25:19-
circuit and 30; 29:16-27; 37:32-39:26; see citations above regarding claim
generating 1[F])
second control
signals to cause
one or more
appliances to
perform one or
more functions
associated with
said first
control signals.
47

The audio Bissonnette discloses or at least renders obvious the appliance
signal activated control circuit (including IR output 12) configured to
control system wirelessly transmit (e.g., via IR or RF signaling) the second
as recited control signals (e.g., IR remote control codes) to the one or
in claim 21, more appliances (components, e.g., TV, VCR, cable box).
wherein said • “While one embodiment of IR output 12 has been shown, a
appliance number of equivalent circuits which output IR remote
control circuit control codes could be used in place of the circuit shown.
is configured to Moreover, as with the remote control capture circuit
wirelessly described above, the remote control output circuit (IR output
transmit said 12) of the present invention could also easily be
second control implemented by a skilled artisan to accommodate RF rather
signals to said than IR signals.” (Ex. 1006, 9:34-10:4)
one or more
appliances. • See also id., 7:4-12; 8:34-9:2; 25:19-30; 29:16-27; 34:20-
35:4; and 37:32-39:26 (all describing wireless IR output of
the IR remote control codes).
The control Bissonnette discloses or at least renders obvious transmitting
system as the second signals as RF signals (e.g., output circuit
recited in claim implemented to accommodate RF). (Ex. 1006, 9:34-10:4)
23, wherein
said second
control signals
are RF signals.
The control Bissonnette discloses or at least renders obvious transmitting
system as the second signals as infrared signals (e.g., IR output 12). (Ex.
recited in claim 1006, 9:34-35; see also citations above regarding claim 23)
23, wherein
said second
control signals
are infrared
signals.
48

The audio Miyazawa discloses or at least renders obvious the sound
signal activated activation circuit (e.g., input sound signal power detector 9)
control system causing the speech recognition circuit (e.g., Bissonnette’s
as recited microprocessor 21 and voice recognition software stored in
in claim 21, ROM 22 of Fig. 1) to switch automatically from the sound
wherein said activation mode (e.g., the low power idle/sleep mode) to
sound another of the plurality of modes, such as the speech
activation recognition mode (e.g., switch to the speech recognition mode,
circuit is the voice operation mode of Bissonnette). (Ex. 1008, 3:13-17,
configured to 4:10-13, 10:8-21, Abstract; see citations above regarding claim
cause said 1[E] and 21[E])
speech
recognition
circuit to
switch
automatically
from said
sound
activation
mode to
another of said
plurality of
said modes of
operation,
wherein
another of said
plurality of
said modes of
operation is
said speech
recognition
mode.
49

The audio As discussed above, Bissonnette, in view of Miyazawa,
signal activated discloses or at least renders obvious the low power sound
control system activation mode including the low power state of the processor.
as recited (See, e.g., claim 21[D] above.) Miyazawa further discloses or
in claim 21, at least renders obvious that the low power state of the
wherein said processor is a sleep state (e.g., a non-active, inactive, power-
low power saving, low power consumption, sleep mode state). (Ex. 1008,
state of said 3:18-20, 9:67-10:2, 11:50-67; see citations above regarding
processor is a claim 7)
sleep state.
50

The audio Bissonnette discloses or at least renders obvious that the
signal activated speech recognition circuit (e.g., microcontroller 20 that
control system includes microprocessor 21 and voice recognition software
as recited stored in ROM 22) is configured to automatically switch from
in claim 21, the speech recognition mode (e.g., the voice operation
wherein said mode/voice mode control) to another of the plurality of the
speech modes, including the idle mode (an idle mode 200), under
recognition predetermined conditions (e.g., after outputting an IR code
circuit is (steps 304, 309, 313)), as shown in Fig. 3 below). (Ex. 1006,
configured for 33:27-29)
switching
automatically
from said
speech
recognition
mode to
another of said
plurality of
said modes of
operation
under
predetermined
conditions,
wherein
another of said
plurality of
said modes of
operation is
said sound
activation
mode.
Miyazawa further discloses or at least renders obvious, e.g.,

the system automatically switching from the speech
51
recognition mode to another of the plurality of modes of

operation, including the sound activation mode (switching
from the speech recognition mode, in which CPU 10 is awake
to perform speech analysis processing, to the low-power sleep
mode, in which only the input sound signal power detector 9 is
active) under predetermined conditions, such as when a non-
keyword is detected or if there is a duration of no input.
listens for sound signal input.” (Ex. 1008, 10:41-47)
• See also id., 9:53-58 (describing putting the device in sleep
mode when conversation is finished).
The audio Miyazawa discloses or at least renders obvious that
signal activated predetermined conditions for automatically terminating the
control system speech recognition mode and automatically switching to the
as recited low power sound activation mode include a predetermined
in claim 21, period of time (e.g., a specified duration with no input).
wherein said • “If … the speaker is quiet for a specified duration, the
predetermined device interprets this as a sleep mode request….[T]he device
conditions and CPU 10 go into the sleep mode (step s15) and returns to
include a the state in step s1 again.” (Ex. 1008, 11:18-29)
predetermined
period of time. • See also id., 9:53-58 (describing putting the device in sleep
mode when conversation is finished).
52

The audio Miyazawa discloses or at least renders obvious that
signal activated predetermined conditions for automatically switching to the
control system low power sound activation mode include a period of time that
as recited is based upon the results of determining if the electrical
in claim 21, signals represent the predetermined audible commands (e.g.,
wherein said when in the speech recognition mode (i.e., after a keyword of
predetermined sufficient amplitude has been detected, switching back to the
conditions low power sound activation mode if a specific duration of time
include a passes with no input).
period of time • See Ex. 1008, Fig. 4 (below, annotated flow of steps s6, s10,
that is based s11, and s15).
upon the
results of • “[I]f the input sound signal is determined to be a keyword in
determining if step s6, … sleep mode flag is cleared for shifting the device
said electrical from the sleep mode to the active mode…. [I]f it is
signals determined that the input speech signal has been completed
represent said for a single interaction, the processing shifts to the
predetermined determination of whether or nor a sleep mode request is
audible present (step s11)…. If … if the speaker is quiet for a
commands. specified duration, the device interprets this as a sleep mode
request. If neither of these sleep mode requests is present,
the device assumes that the conversation is continuing….
On the other hand, if either of these sleep mode requests is
present, the device issues a shutdown response as needed
(step s13)….[T]he device and CPU 10 go into the sleep
mode (step s15) and returns to the state in step s1 again.”
(Id., 11:18-29)
53
54

The audio Bissonnette discloses or at least renders obvious a signal
signal activated circuit (e.g., A/D 24) that enables the electrical signals (from
control system analog voice input 2) to be in communication with the system,
as recited including the speech recognition circuit (microcontroller 20
in claim 21, that includes microprocessor 21 and voice recognition software
wherein said stored in ROM 22).
control system • “[T]he voice signal output of the microphone is fed into an
further analog input section of Analog Voice Input 2. The signal is
comprises a then conditioned by well known electronic circuits that
signal circuit amplify and filter the voice input signal from the
for enabling microphone prior to going to an analog to digital converter
said electrical (ADC) 24 in Microcontroller 20.” (Ex. 1006, 10:30-36)
signals to be in
communication • See annotated Fig. 1:
with said
speech
recognition
circuit in said
speech
recognition
mode and for
enabling said
electrical
signals to be in
communication
with said sound
activation
circuit in said
sound
activation
mode.
As discussed above, Bissonnette, as modified by Miyazawa,
includes a sound activation circuit (e.g., input sound signal
power detector 9 in Miyazawa) in addition to the existing
circuit for speech recognition (e.g., microcontroller 20 that
includes microprocessor 21 and voice recognition software
stored in ROM 22 in Bissonnette) as recipients of sound input
55
signals based on the mode of the device. See annotated Fig. 2

of Miyazawa, showing communication with each circuit:
Therefore, in the sound activation and speech recognition

modes, the signal circuit enables the electrical signals of
Bissonnette, modified by the teachings of Miyazawa, to be in
communication with each of the sound activation and speech
recognition circuits, respectively. In other words, for electrical
signals to be transmitted from the voice/sound input circuit and
then be processed or analyzed by the sound activation circuit
and speech recognition circuits, communications between the
circuits must be enabled.
56

A method for discloses or at least renders obvious a method for providing
providing hands-free control of appliances.
hands-free • “[T]here is provided a portable remote control device
control of operated by a voice command for controlling one or more
appliances, electronic components each which in turn is responsive to a
comprising: set of respective remote control codes.” (Ex. 1006, 2:34-3:2;
see also Abstract)
• See Fig. 3, showing an example flow diagram for
Bissonnette’s voice operation mode software routine. (Id.,
6:12-14)
57
41[A] Bissonnette discloses or at least renders obvious providing a

providing a speech recognition system having a processor (e.g.,
speech microcontroller 20 that includes microprocessor 21 and voice
recognition recognition software stored in ROM 22 of Fig. 1, annotated
system having below) that has a speech recognition mode (e.g., processing of
a speech voice commands in the voice operation mode/voice mode
recognition control).
mode wherein • “To maximize on battery life, Analog Voice Input 2 is also
a processor powered up only when the user activates one of three voice
recognizes keys described below to speak into the unit.” (Id., 11:28-31)
58
representations • “--processing of voice commands--

of audible Referring generally to Figure 3, to operate the present
signals as invention by use of voice commands the user selects one of
corresponding three voice keys (shown as 33, 34, or 37 in Fig. 5A)
to depending on the desired function.” (Id., 33:19-23)
predetermined • See annotated Fig. 1, showing microcontroller 20 and
audible microprocessor 21:
commands;
• See Fig. 3, annotated to show the steps of the diagram

involving voice mode control (id., 6:12-14; 31:4-7)
59
Bissonnette discloses or at least renders obvious the processor

recognizing representations of audible signals (e.g., voice
templates representing audible signals from the user’s voice) as
corresponding to predetermined audible commands (e.g.,
determining corresponding components and remote control
codes).
• “An Analog Voice Input 2 converts the audio information in
the user's voice to an analog electrical signal and also
conditions this electrical signal for processing by
60
Microcontroller 20….Analog Voice Input 2 includes a

microphone….” (Id., 10:8-19; see also Fig. 1)
• “The digital voice signal is converted into a voice template
that is compared against previously stored voice templates
of the user's voice. The program then decodes the voice
templates as explained further below.” (Id., 12:7-10)
corresponding to the component command.” (Id., 25:19-30;
see also 29:16-27; 37:32-39:26.)
• “[A] processor … for generating a first digital voice
template from the first digital voice signal….” (Id., 48:19-22
(claim 1))
41[B] Bissonnette discloses or at least renders obvious configuring
configuring the speech recognition system to have a low power mode
said speech wherein the processor is in a low power state (e.g., idle mode
recognition 200).
system to have • “Beginning at the top of the flow diagram in Figure 3, the
a low power control program of the present invention is normally in idle
sound mode 200.” (Id., 33:27-29)
activation • “To maximize on battery life, Analog Voice Input 2 is also
mode wherein powered up only when the user activates one of three voice
said processor keys described below to speak into the unit.” (Id., 11:28-31)
is in a low
power state; Miyazawa discloses or at least renders obvious using a low
power (a sleep mode in which CPU 10 is in an inactive power-
saving state) sound activation mode wherein the processor is
in a low power state (in the sleep mode, detecting the presence
of input sound signal power above a threshold before activating
the CPU 10).
61

environments.” (Ex. 1008, 11:50-67)
41[C] As discussed above, Bissonnette, in view of Miyazawa,
monitoring discloses or at least renders obvious the low power sound
said audible activation mode and the speech recognition mode. (See, claims
signals to 41[A] and [B] above.)
detect if the Miyazawa discloses or at least renders obvious enabling the
amplitude of speech recognition system to switch automatically from the
said audible sound activation mode to the speech recognition mode
signals exceeds (switching from the low-power sleep mode, in which only the
a input sound signal power detector 9 is active, to the speech
predetermined recognition mode, in which CPU 10 wakes to perform speech
threshold; analysis processing) if an amplitude of the audible signal
enabling said exceeds a predetermined threshold (automatically switching as
speech a function of the amplitude of the input sound signal exceeding
recognition a threshold).
system to • “[I]nput sound signal power detector in communication with
switch at least the sound signal input unit and the interaction
automatically controller for detecting the volume, magnitude or amplitude
from said of input sound signals based on sound signal waveforms
sound perceived by the sound input unit or capture device.” (Ex.
activation 1008, 3:13-17, 4:10-13)
mode to said • “In step s1, input sound signal power detector 9 determines
speech whether or not the power of the input sound signal is greater
62
recognition than a preset threshold th1, and outputs a signal indicating

mode if said that a sound signal has been input when the power of the
amplitude input sound signal becomes greater than threshold th1 (at
exceeds said time t1 FIG. 3A). In such manner the input signal power
predetermined detector continues to monitor for sound input signals until
threshold; one meeting or exceeded threshold th1 is encountered.
Thereafter, control passes to step s2 in which CPU 10 wakes
up (step s2), and after a specified amount of time following
t1, (in about 10 msec) speech analyzer 2 thereof performs
speech analysis processing based on the signal captured by
sound signal capture unit 1 (step s3).” (Id., 10:8-21;
Abstract)
41[D] Bissonnette discloses or at least renders obvious generating
generating and representations of the audible signals (e.g., converting into
decoding voice templates) and decoding representations of the audible
representations signals (e.g., decoding the voice templates) in the speech
of said audible recognition mode (the voice operation mode/voice mode
signals in said control functions to determine appropriate IR remote control
speech codes for output).
recognition • “Microcontroller 20 then processes the digital voice signal
mode; and by means of microprocessor 21 and a voice recognition
software routine that is part of a control program stored in
ROM 22. The digital voice signal is converted into a voice
template that is compared against previously stored voice
templates of the user's voice. The program then decodes the
voice templates….” (Ex. 1006, 12:3-10)
• “[T]he voice recognition software within the control
program processes and decodes the spoken word at 311,
performs a device select at 312, and then outputs the
appropriate IR remote control code at 313.” (Id., 38:21-25)
63

corresponding to the component command.” (Id., 25:19-30;
see also 29:16-27.)
41[E] Bissonnette discloses or at least renders obvious generating
generating and and transmitting one or more appliance control signals for
transmitting controlling one or more appliances (e.g., remote control codes)
one or more if the decoded representations of the audio signals represent
appliance one or more predetermined audible commands (e.g., if the
control signals decoded voice templates correspond to an IR remote control
for controlling code).
one or more • “When the user enters (…via a voice command) a particular
appliances if component command corresponding to one of the
said decoded component functions (such as volume for example),
representations processor 21, automatically selects both the appropriate
of said audio component and the remote control code corresponding to the
signals component function based on the component command
represent one entered and the configuration data stored in reference RAM
or more said 23. This remote control code is then transmitted by IR
predetermined output 12 to the component to perform the function
audible corresponding to the component command.” (Id., 25:19-30)
commands.
codes to multiple components).
The method for As discussed above, Bissonnette, in view of Miyazawa,
providing discloses or at least renders obvious the low power sound
hands-free activation mode including the low power state of the processor.
control of (See, e.g., claim 41[B] above.) Miyazawa further discloses or
appliances as at least renders obvious that the low power state of the
recited in claim processor is a sleep state (e.g., a non-active, inactive, power-
41, wherein saving, low power consumption, sleep mode state). (Ex. 1008,
said low power 3:18-20, 9:67-10:2, 11:50-67; see citations above regarding
state of said claims 7 and 28.)
processor is a
sleep state.
64
(Ex. 1003 ¶¶ 41, 55.)
B. Ground 2: Claims 17-18 are rendered obvious by Bissonnette in

view of Miyazawa and Salazar under 35 U.S.C. § 103(a)
Claims 17 of the ’186 patent recites a programming mode that enables a user
to define a control signal associated with an audible command for use in the speech
recognition mode. Claim 18 recites similar limitations as claim 17 but differs,
primarily, by reciting a plurality of control signals (see bold emphasis in chart
below).
Claim 17 of the ’186 patent Claim 18 of the ’186 patent

The audio signal activated control The audio signal activated control
system as recited in claim 1, wherein system as recited in claim 1, wherein
said speech recognition system further said speech recognition system further
includes a programming mode to includes a programming mode to
enable a user to define a control signal enable a user to define a plurality of
to be associated with a defined audible control signals to be associated with a
command, wherein in said speech defined audible command, wherein in
recognition mode said speech said speech recognition mode said
recognition system generates said speech recognition system generates
defined control signal for controlling said defined plurality of control
one or more appliances if said electrical signals for controlling said one or
signals represent said defined audible more appliances if said electrical
command. signals represent said defined audible
command.
Bissonnette, in view of Miyazawa, discloses the audio activated control
system of claim 1. See Section VII.A.
Bissonnette discloses that system configuration data is used by the system to
determine which appliances to perform different functions (Ex. 1006, 23:13-25:36)

65
and that voice commands can be used to control a plurality of appliances in sequence.
(See, e.g., id., 37:32-38:12 (“PLAY” command outputs control signals to a TV and
VCR).) Miyazawa discloses that recognition target phrases are created and
registered in memory in advance. (Ex. 1008, 6:58-7:6.) (Ex. 1003 ¶¶ 56-59.)
Bissonnette and Miyazawa do not explicitly disclose a programming mode
that enables a user to define the control signals associated with the audible
commands.
Salazar is titled “Real-Time Reconfigurable Adaptive Speech Recognition
Command and Control Apparatus and Method,” and discloses a mobile device that
uses voice recognition to control other devices/equipment using voice commands.
(Ex. 1009, Abstract.) Salazar discloses a macro programming mode that enables
users to create and modify commands. (Ex. 1009, 12:1-2, 18:4-11.) For example, a
macro command word can be used to generate and output a list of commands to a
plurality of camera appliances. (Id., 15:51-58.) “Macro command processes …
allows recognition of one spoken word to execute a series of discrete commands.”
(Id., 1:26-28.) (Ex. 1003 ¶¶ 60-61.)
A POSITA would have been motivated to include a programming mode to
enable a user to define control signals associated with audible commands, wherein
the speech recognition system generates defined control signals for controlling one
or more appliances upon receipt of the defined corresponding audible commands, as
66
taught by Salazar, in the system of Bissonnette and Miyazawa. While Bissonnette
and Miyazawa disclose that commands and control signal data were stored in the
system, they do not explain that the user was enabled to define and associate controls
with audible commands. However, including Salazar’s programming mode would
have provided the benefit of user customizability, allowing the user to create macro
commands to generate a plurality of control signals for a defined audible command,
allowing the user to create predefined scenes based on a single spoken word (e.g.,
Bissonnette’s PLAY command generating the multiple commands to control the TV
and VCR for the activity of playing a tape). (Ex. 1003 ¶ 62.)
A POSITA would have had a reasonable expectation of success in
incorporating a programming mode in the system of Bissonnette and Miyazawa.
Such modification would have been implemented via user prompts (to gather desired
input data from the user) and modifications to memory (to store the commands and
control signals). Such basic user interfaces and data access techniques would have
been well-known and within a POSITA’s ability to apply in the electronic devices
of Bissonnette and Miyazawa, which already had various modes and programming
functions. (See, e.g., Ex. 1006, Figs. 2-4.) (Ex. 1003 ¶ 63.)
67
C. Ground 3: Claims 19-20 are rendered obvious by Bissonnette in

view of Miyazawa and McCall under 35 U.S.C. § 103(a)
Claims 19 and 20 of the ’186 patent recite limitations that require, inter alia,
decoding the electrical representative signals to define an appliance type and
determining if the electrical representative signals correspond to functions
associated with the appliance type.
Claim 19 of the ’186 patent Claim 20 of the ’186 patent

The audio signal activated control The audio signal activated control
system as recited in claim 1, wherein system as recited in claim 19, wherein
said speech recognition system wherein said speech recognition system in said
in said speech recognition mode is speech recognition mode is further
further configured for configured for
decoding said electrical representative decoding said electrical representative
signals to define an appliance type, said signals to determine if said signals
appliance type defining said appliance represent predetermined audible
to which said appliance control signals commands corresponding to control
are transmitted by said appliance functions associated with said defined
control circuit. appliance type.
Bissonnette, in view of Miyazawa, discloses the audio activated control
system of claim 1. See Section VII.A.
Bissonnette discloses that its system includes multiple controllable appliance
types (e.g., TVs, VCRs, and cable boxes; Ex. 1006, 3:32-4:15). Bissonnette
discloses entering various voice control modes for the different appliances (i.e.,
pressing a VOICE VCR key 33 to control VCR playback functions by voice,
68
pressing a VOICE CHANNEL key 37 to set a channel number by voice; 37:5-14,
38:13-25). (Ex. 1003 ¶¶ 64-67.)
Bissonnette does not explicitly disclose that the audio activated control
system decodes electrical representative signals to define an appliance type (claim
19) and further decodes electrical representative signals to determine commands
corresponding to functions associated with the defined appliance type (claim 20).
McCall discloses voice control
techniques for use in the medical arts and
analogous fields of endeavor—“anywhere
there is a need for speech recognition
control by a human operator over a plurality
of integrated voice-controllable devices.”
(Ex. 1007, Abstract, 1:15-20.) As shown in
annotated Fig. 2 (right), McCall discloses a
voice activated device selection command
step 104 (which determines which of a
plurality of devices are to be controlled by
voice) before proceeding to a function
selection command step 120 and further command steps 152 and 154. (Id., 7:49-56.)
(Ex. 1003 ¶¶ 68-69.)
69
A POSITA would have been motivated to use a voice control system by
decoding signals to define an appliance type and determine commands
corresponding to control functions associated with the defined appliance type, as
taught by McCall, to control the plurality of appliances in Bissonnette. As explained
by McCall, the user is assured that commands intended for one appliance are not
confused with commands for any other appliance. (Ex. 1007, 7:57-8:5.) Thus, for
example, where Bissonnette discloses a TV, VCR, and cable box (which may have
common commands; see Ex. 1006, 4:20-22), McCall would have added the benefit
of controls directed at the appliance of choice. (Ex. 1003 ¶ 70.)
A POSITA would have had a reasonable expectation of success in
incorporating the hierarchical commands of McCall in the system of Bissonnette in
view of Miyazawa. In particular, Bissonnette and Miyazawa each already disclose
the basic functions of receiving, processing, decoding, and outputting voice
commands. See Section VII.A. The added function of having one voice command
lead to another (i.e., identifying the appliance and then commanding the appliance)
would have been like implementing categories in a menu of commands—a basic
logical structure. As evidenced by Bissonnette above, classes of commands (i.e.,
VCR commands, CHANNEL commands) had already been implemented by others
in the art. It would have been well within the skill of a POSITA to simply access
70
those commands by the well-known input disclosed by all of Bissonnette,
Miyazawa, and McCall—voice. (Ex. 1003 ¶¶ 26-28, 71.)
VIII. CONCLUSION
Petitioner has shown a reasonable likelihood of prevailing with respect to the
Challenged Claims and respectfully requests institution of trial and cancellation of
the Challenged Claims.
Respectfully submitted,
ROPES & GRAY LLP
Dated: December 27, 2018 /Scott A. McKeown /

Scott A. McKeown
Reg. No. 42,866
71
CERTIFICATE OF COMPLIANCE
Pursuant to 37 C.F.R. § 42.24(a) and (d), the undersigned hereby certify that
the Petition For Inter Partes Review complies with the type-volume limitation of
37 C.F.R. § 42.24(a)(i) because, exclusive of the exempted portions, it contains
13,883 words as counted by the word processing program used to prepare the
paper.
DATED: December 27, 2018 ROPES & GRAY LLP

/Scott A. McKeown/
Scott A. McKeown
72
CERTIFICATE OF SERVICE
The undersigned certifies service pursuant to 37 C.F.R. §§ 42.6(e) and
42.105(b) on the Patent Owners by Express Mail of a copy of this Petition for Inter
Partes Review and supporting materials at the correspondence address of record for
the ‘186 patent:
FITCH EVEN TABIN & FLANNERY, LLP

120 South LaSalle Street
Suite 2100
Chicago, IL 60603-3406
Sean A. Luner
Dovel & Luner, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, California 90401
Dated: December 27, 2018 /Jonathan Bradford/

Jonathan Bradford
73

Unified Patents Petition Against Patent Owned by SpeakWare and Ambush Interactive

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Unified Patents Petition Against Patent Owned by SpeakWare and Ambush Interactive

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UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

UNIFIED PATENTS INC.

AMBUSH INTERACTIVE, INC.

U.S. Patent No. 6,397,186

PETITION FOR INTER PARTES REVIEW

TABLE OF CONTENTS ........................................................................................ i

LIST OF EXHIBITS.............................................................................................. iii

I. MANDATORY NOTICES PURSUANT TO 37 C.F.R. § 42.8 .................1

A. Real Party-In-Interest ............................................................................1

C. Lead Counsel, Back-Up Counsel, and Service Information .................3

II. PAYMENT OF FEES ...................................................................................4

III. REQUIREMENTS FOR INTER PARTES REVIEW................................4

A. Grounds for Standing ............................................................................4

B. Identification of Challenge ....................................................................4

1. Prior Art ......................................................................................4

IV. U.S. Patent 6,397,186 .....................................................................................7

B. Prosecution History ...............................................................................9

V. LEVEL OF ORDINARY SKILL IN THE ART ......................................10

VI. CLAIM INTERPRETATION ....................................................................11

VII. GROUNDS OF UNPATENTABILITY.....................................................11

2. Motivation to Combine Bissonnette and Miyazawa .................18

3. Claim Charts .............................................................................20

B. Ground 2: Claims 17-18 are rendered obvious by Bissonnette in view

C. Ground 3: Claims 19-20 are rendered obvious by Bissonnette in view

VIII. CONCLUSION ............................................................................................71

1001 U.S. Patent No. 6,397,186 by Bush et al.

1002 Prosecution History File of Application No. 09/469,707, which

1003 Declaration of Bruce McNair

1004 Unified Patent’s Voluntary Interrogatory Responses

1006 WIPO International Application Publication No. WO 1994/003020 by

1007 U.S. Patent No. 6,591,239 by McCall et al.

1008 U.S. Patent No. 5,983,186 by Miyazawa et al.

1009 U.S. Patent No. 5,774,841 by Salazar et al.

1010 Complaint for Patent Infringement, SpeakWare, Inc. v. Amazon.com,

1011 Complaint for Patent Infringement, SpeakWare, Inc. v. Microsoft

1012 Complaint for Patent Infringement, SpeakWare, Inc. v. Google LLC,

1013 Complaint for Patent Infringement, SpeakWare, Inc. v. Samsung

1014 Complaint for Patent Infringement, SpeakWare, Inc. v. Apple Inc.,

1016 Tobey, Graeme, & Huelsman, Operational Amplifiers – Design and

1017 F. Bates & M. Douglas, Programming Language One, Prentice-Hall

1018 B. Kernighan, The C Programming Language, Bell Telephone

1019 W.J. Weller, Assembly Level Programming for Small Computers,

1020 C. Melear, Hardware and Software Techniques for Power

1021 M. Miyakate, S. Tsurufuji, M. Iida, & N. Mori, A Voice Activated

1022 L.R. Rabiner, J.G. Wilpon, & A.E. Rosenberg, A Voice-Controlled

1024 U.S. Patent No. 5,519,762 by Bartlett

I. MANDATORY NOTICES PURSUANT TO 37 C.F.R. § 42.8

Pursuant to 37 C.F.R. § 42.8(b)(1), Petitioner Unified Patents Inc. (“Unified”)

submitted voluntary discovery in support of its certification. See Ex. 1004

(Petitioner’s Voluntary Interrogatory Responses).

in the following cases:

Name Case No. Filing Date

SpeakWare, Inc. v. Microsoft

SpeakWare, Inc. v. Google LLC 8-18-cv-01299 (CACD) 7/26/2018

SpeakWare, Inc. v. Samsung

SpeakWare, Inc. v. Apple Inc. 8-18-cv-01302 (CACD) 7/26/2018

Google LLC v. SpeakWare, Inc. IPR2019-00340 11/30/2018

Google LLC v. SpeakWare, Inc. IPR2019-00342 11/30/2018

According to the assignment records of the USPTO, the ’186 patent is

assigned to Ambush Interactive, Inc. (Ex. 1005, Assignment Abstract of Title.)

Free, Voice-Operated Remote Control Transmitter,” which issued on May 28,

C. Lead Counsel, Back-Up Counsel, and Service Information

Lead Counsel Backup Counsel