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Flash-R™ patent portfolio e.Digital's Flash-R™ patent portfolio contains fundamental technology essential to the utilization of flash memory in today's large and growing portable electronic products market.
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Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 19 40. Thus, if the “social template” for “do-not-disturb-due-to-Mother-andbaby-sleeping” is selected in the above example, any communication requests would be handled according to the operations and authorizations set forth in Table 2. (Id.) VIII. The Combination of Miluzzo and Robarts A. Miluzzo 41. Miluzzo does not explicitly disclose specifics of how it infers a user’s status from sensor data, however, contrary to Mr. Williams’ assertion, it does teach where to store, and how to organize and retrieve, a users' status or privacy settings. 42. Miluzzo is concerned with sharing presence sensing, (e.g., determining a user’s location in conjunction with a keyboard’s activity). (Ex. GOOG 1007, ¶ [0002].) Miluzzo states “location is a key function in any sensing system.” (Id. ¶ [0044].) Miluzzo wants to update presence more frequently and allow more people to see the presence and to inject the presence into social networks. (Id. ¶¶ [0003]-[0004].) 43. Miluzzo suggests that it would be useful to sense the presence of a user like “outside of work.” (Id. ¶ [0012].) Miluzzo mentions analyzing sensed data (id. ¶ [0025]), but does not say how user activity classification (e.g., the inference engine) is accomplished. e.Digital Corporation Exhibit 2015 - Page 21 Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 20 44. The architecture of Miluzzo is best expressed in Fig. 3 shown below. There, like the subject patents, the system starts with sensor data that, in the case of Miluzzo, is associated with a user. 45. Next, an inference engine is used to “infer the presence status of the user” from the received sensor data. 46. Miluzzo then stores the sensor data and inferred presence status for later use and distributes the presence status based on the “user’s preferences.” Basically, the distribution is along the lines of privacy policies set by the user. B. Robarts 47. Robarts, on the other hand, teaches an approach that starts with the selection of “themes” as opposed to data collected from sensors. Robarts’ process e.Digital Corporation Exhibit 2015 - Page 22 Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 21 is expressed in Fig. 4, depicted below, which begins with a “theme” at step 402. (See also, Ex. GOOG 1008 at ¶ [0080].) 48. Themes in Robarts include “related sets of attributes that reflect the context of the user, including: (1) the user’s mental state, emotional state, and physical or health condition; (2) the user’s setting, car.” (GOOG 1008, ¶ [0040].) Attributes in Robarts are the product of the Context Server as described in Fig. 7, shown below. e.Digital Corporation Exhibit 2015 - Page 23 Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 22 49. Robarts’ Fig. 7 discloses that data enters the Context Server at step 702 and is processed by Logic at step 704 before becoming attributes. 50. However, Robarts does not disclose the process that occurs in the Logic (704) that results in the creation of an attribute. (See Ex. GOOG 1001 passim). 51. Looking at Fig. 15 (shown below) of Robarts, at step 1505, Robarts determines the availability of themes first, before applying any attributes to them (step 1510). Robarts then determines which themes match the current context (step 1515). These themes may have been created by the user or may have even been e.Digital Corporation Exhibit 2015 - Page 24

Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 23 purchased from third party vendors (Ex. GOOG 1008, ¶ [0201]). The user may decide to select a theme as shown in step 1520 below, or a theme may be selected automatically according to the “highest priority” (step 1525). (See also id. at Fig. 17, step 1730.) e.Digital Corporation Exhibit 2015 - Page 25 Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 24 C. Miluzzo’s Combination with Robarts is Improper Because a Suggestion to Combine cannot Require Substantial Reconstruction or Redesign Of The Way It Uses Themes 52. Miluzzo seeks to solve the problem of sensing data and determining sensed presence. (Ex. GOOG 1007 at Figure 3.) In contrast, Robarts starts with the context (themes in memory or purchased from third party vendors) then uses processed attributes to populate a display with information for the user. (Ex. GOOG 1008, Fig. 4 and ¶¶ 10, 80; Ex. 2013 at 164:9-19, 166:3-6.) 53. Robarts’ system essentially pre-selects themes, then tells processors to go out and gather attributes relevant to the pre-selected theme(s) to determine which themes are in the “current set.” 54. From the theme set, a single theme is selected and is loaded to act as the current theme (e.g., a “cardiac” theme), potentially by the user - a process that does not involve the system at all. (Ex. GOOG 1008 at Figure 15 (step 1515 and step 1530); id. at ¶ [0080].) 55. Robarts’ process thus operates in the reverse manner from Miluzzo and the disputed patents and is therefore “backwards” in a technical sense from these other systems. 56. Robarts’ architectural scheme is fundamentally different and simpler than Miluzzo’s or the claimed subject matter since the theme in Robarts is determinative of the amount and type of data that needs to be used to provide the e.Digital Corporation Exhibit 2015 - Page 26
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