[00:00:00] Speaker 02:
one five zero eight apple versus lbc mr. chong please proceed thank you your honor and may it please support the board erred

[00:00:24] Speaker 05:
in its narrow construction of the claim phrase at issue, the power level comprising a multitude of threshold values.

[00:00:32] Speaker 05:
Power level is a broad term, and the claim language is not narrow or constrained that term at all.

[00:00:39] Speaker 05:
The specification indisputably describes two types of power levels, battery power levels and signal power levels.

[00:00:46] Speaker 05:
But without any clear evidence to support its conclusion, the board narrowed the claims to cover only battery power levels and exclude signal power levels.

[00:00:54] Speaker 05:
That was error.

[00:00:55] Speaker 04:
So at least the other side, maybe the board as well, focuses on how

[00:01:03] Speaker 04:
In the opening clause of this element, there are two power levels referred to.

[00:01:10] Speaker 04:
One is basically how much is in the tank and the other is how much you're putting out, both coming from the battery.

[00:01:17] Speaker 04:
And so what follows when it uses the

[00:01:21] Speaker 04:
Definite Article V is referring to some sort of antecedent, which seems a strong indication that it's a level of the battery, either what it's putting out or what's still in the tank, not any other kind of parallel.

[00:01:39] Speaker 05:
Here, Your Honor, the claim phrase uses the broad term, the power level comprising a multitude of threshold values.

[00:01:46] Speaker 05:
And when we're thinking about antecedent basis, that broad term refers back to the earlier recited A power level

[00:01:55] Speaker 05:
that is measured in a power level that is adjusted.

[00:01:58] Speaker 05:
And there isn't anything in the claim language that limits that broad term to the narrower term battery power level.

[00:02:05] Speaker 05:
It's evident from the patent that the inventors knew how to use and distinguish between the broad term power level and the narrower term battery power level.

[00:02:14] Speaker 05:
But they chose to use that broad term.

[00:02:17] Speaker 05:
And under this court's precedent, in our view, the broader interpretation therefore should apply.

[00:02:23] Speaker 00:
Can I interrupt you for a minute?

[00:02:26] Speaker 00:
It's not just battery power level.

[00:02:29] Speaker 00:
It's battery power level monitor, right?

[00:02:33] Speaker 05:
Correct, Your Honor.

[00:02:34] Speaker 00:
Why isn't it reasonable to think that what a battery power level monitor is monitoring or measuring is a battery power level?

[00:02:43] Speaker 05:
Because, Your Honor, there is nothing in the claim language after the recitation of the battery power level monitor that requires the power level that is measured and the power level that is adjusted to be limited to a battery power level.

[00:02:56] Speaker 00:
In the specification, what does the element that corresponds to the battery power level monitor in the specification, what does that measure?

[00:03:06] Speaker 05:
So, for example, on page 54 of the joint appendix, this is at column 13, lines 52 to 58.

[00:03:13] Speaker 05:
This is the only portion of the specification where there is any discussion of the battery power level monitor adjusting a power level.

[00:03:24] Speaker 05:
In this particular paragraph, what the specification says is that the battery level monitor 116, quote, adjusts a power level, e.g., for example, battery power level.

[00:03:40] Speaker 05:
And so here what the specification is saying is not that the adjusted power level is a battery power level.

[00:03:46] Speaker 05:
It uses EG, for example.

[00:03:48] Speaker 05:
It doesn't use IE.

[00:03:49] Speaker 00:
And under this court's case law, that would be about a battery power level monitor in that part of the specification.

[00:03:57] Speaker 00:
It doesn't say the battery power level monitor has the capability of measuring a power level, EG, a battery power level, right?

[00:04:07] Speaker 00:
It doesn't say that.

[00:04:08] Speaker 00:
It just says, in contrast to the previous

[00:04:10] Speaker 00:
the device power level, the present invention has the capability of power level monitoring, right?

[00:04:17] Speaker 00:
I mean, I just want to make sure we're both being clear with one another.

[00:04:19] Speaker 00:
OK.

[00:04:21] Speaker 00:
Yes.

[00:04:21] Speaker 00:
I mean, that's a distinction, right?

[00:04:23] Speaker 00:
I understand.

[00:04:25] Speaker 00:
Your main argument relies on a different part of the specification, doesn't it, column 7?

[00:04:30] Speaker 00:
Correct.

[00:04:30] Speaker 00:
Which uses the phrase threshold value.

[00:04:33] Speaker 00:
And your view is that because the specification uses the word threshold value in column 7, that must mean that the phrase threshold value in the claim corresponds to this as well.

[00:04:43] Speaker 05:
That's part of the argument, yes, Your Honor.

[00:04:45] Speaker 05:
But in column 13 in that paragraph where it states the battery level monitor adjusts a power level, it doesn't limit it to a battery power level.

[00:04:57] Speaker 05:
There isn't any express restriction there.

[00:04:59] Speaker 05:
And so in the entirety of the specification, including in column 7, lines 55 to

[00:05:05] Speaker 05:
and in column 10 as well, when the specification is discussing the signal power level embodiment, it discusses it in the same way.

[00:05:15] Speaker 05:
And in that particular embodiment, LBT agrees that there are threshold values that are adjustable to activate or deactivate location tracking circuitry.

[00:05:27] Speaker 02:
So you do agree that column 13, line 52 on both of

[00:05:34] Speaker 02:
the power levels or battery power levels that are being discussed as adjusted in this disclosure, correct?

[00:05:41] Speaker 05:
In that passage, correct, your honor.

[00:05:43] Speaker 02:
Are you suggesting that that is limited to a particular embodiment?

[00:05:47] Speaker 02:
Because it begins with yet another advantage of the present invention, power charging monitor.

[00:05:52] Speaker 02:
So usually an advantage of the present invention is required all the way through.

[00:06:00] Speaker 05:
Here your honor, it's not our view that it's limited to a battery power level if I'm understanding your honor's question Here because they used eg as an example of a power level that is adjusted It this is an indication that the inventors intended to leave open the possibility that there is another type of power level that is adjusted and as we know in the Specification there is only one other type of power level that is contemplated and that is the signal power level

[00:06:30] Speaker 04:
Is there anything in the specification that talks about a source of power other than a battery like a wall plug?

[00:06:39] Speaker 05:
No, your honor

[00:06:40] Speaker 05:
not that I'm aware of.

[00:06:42] Speaker 05:
And when we're talking about adjusting a power level in the claim, the best that we can understand is that it is not some sort of voltage or battery current or wall plug that Your Honor is referring to.

[00:06:54] Speaker 05:
It is a trade-off between battery life and how often you're seeking location updates.

[00:07:00] Speaker 05:
There is a similar purpose for the signal power level embodiment, because as disclosed in column 7, line 55, the signal power level embodiment employs a threshold value that you can select or adjust so that depending on the strength of a detected signal.

[00:07:19] Speaker 04:
You can do something else.

[00:07:20] Speaker 04:
You can use accelerometers rather than checking the sky in order to figure out where you are.

[00:07:25] Speaker 05:
Correct, Your Honor.

[00:07:26] Speaker 05:
So if you are in a basement or a covered parking garage, as the specification explains, it would make no sense to activate the location tracking circuitry to try to process and receive signals that are effectively not usable or would create error.

[00:07:42] Speaker 05:
And so the purpose of the signal power level embodiment is

[00:07:45] Speaker 05:
similar but different than the battery power level embodiment, but they are both directed to the same goal of conserving battery life, and LBT agrees with this.

[00:07:56] Speaker 05:
Now, the board, however, omitted the signal power level embodiment from the scope of the claims entirely.

[00:08:03] Speaker 05:
They held that the power level that is adjusted in the claim is limited only to battery power levels,

[00:08:10] Speaker 05:
And that the threshold values of which the power level is comprised are limited only to values that correspond to battery power levels.

[00:08:18] Speaker 05:
But there is nothing in the claim language or specification that says that.

[00:08:21] Speaker 00:
The indication is- I'm going to go back to, what about the phrase battery power level monitor?

[00:08:26] Speaker 00:
I mean, even in column 13, which we're relying on, and it does say EG, battery power level monitor, EG, battery

[00:08:40] Speaker 00:
power level, right?

[00:08:42] Speaker 00:
Correct.

[00:08:42] Speaker 00:
So the claims are drawn to the more specific embodiment that's in the bottom of column 13, e.g., the battery power level monitor.

[00:08:52] Speaker 00:
And I'm having a hard time understanding when the claims are drawn to that more narrow embodiment

[00:08:59] Speaker 00:
why then I would go back and think that it was intended to cover what's in column 7, given the phrase battery power, before the words level monitor.

[00:09:11] Speaker 05:
I have two points in response to that, Your Honor.

[00:09:14] Speaker 05:
The first is that there is nothing in the specification that limits the battery level monitor to working only on battery power levels.

[00:09:21] Speaker 05:
Second, for the signal power level embodiment, when it's described in column 7 through column 10,

[00:09:29] Speaker 05:
Column 10 makes clear that figure 3, which is an illustration of how the signal power level embodiment works, that it illustrates figures 1 and 2.

[00:09:40] Speaker 05:
And figure 1 is very clear that the electronic device does contain a monitor.

[00:09:46] Speaker 02:
Do you agree that the charging unit is the battery?

[00:09:51] Speaker 05:
Yes, Your Honor.

[00:09:52] Speaker 02:
OK, so the claim says, wherein the battery power level measures the power level of the charging unit.

[00:09:59] Speaker 02:
Do you agree that the power level of the charging unit is the battery power?

[00:10:04] Speaker 05:
Yes, Your Honor.

[00:10:05] Speaker 02:
So it measures a power level of the charging unit.

[00:10:09] Speaker 02:
We all agree that is battery power.

[00:10:11] Speaker 02:
So we're just going to say measures battery power.

[00:10:14] Speaker 02:
Then later it says the power.

[00:10:16] Speaker 02:
I don't understand.

[00:10:17] Speaker 02:
I'm referring back to Judge Toronto's original point about providing antecedent basis.

[00:10:23] Speaker 02:
When you say the power in

[00:10:25] Speaker 02:
claim parlance, it always refers back to what you previously described.

[00:10:29] Speaker 02:
The only previously described power here is battery power level.

[00:10:33] Speaker 02:
So a power level of the charging unit we just agreed was the battery power.

[00:10:37] Speaker 02:
So how can we construe the power level as anything other than the battery power level?

[00:10:44] Speaker 05:
Your Honor, because a power level is also earlier described when the claim says, adjusts a power level applied to location tracking circuitry.

[00:10:54] Speaker 05:
So in our view, the claim phrase, the power level comprising a multitude of threshold values, refers back to both a power level that is measured and a power level that is adjusted.

[00:11:06] Speaker 05:
We agree that the measured power level of the charging unit is limited to a battery power level.

[00:11:13] Speaker 05:
But the adjusted power level that's applicable or applied to the location tracking circuitry is not.

[00:11:19] Speaker 04:
Can the power level applied to the circuitry come from anything but the battery?

[00:11:26] Speaker 04:
I thought you answered the chief's question, no.

[00:11:30] Speaker 05:
Oh, I understood the... Forget about the question.

[00:11:33] Speaker 04:
Just answer this.

[00:11:35] Speaker 05:
The power level of the charging unit that is measured, I agree, is limited to the battery power level.

[00:11:42] Speaker 04:
And the power level applied to the circuitry?

[00:11:45] Speaker 04:
It could either be a battery power... You said it can't be a wall plug, so it's got to be a battery, right?

[00:11:54] Speaker 05:
So the best that I can understand of that, Your Honor, is that the power level that is adjusted is something more like a trade-off or a setting where you are adjusting or you're selecting, for example, in the battery power level embodiment, a time in which, depending on how much battery is left,

[00:12:15] Speaker 05:
how much the frequency at which you want to actually seek location updates.

[00:12:21] Speaker 04:
The power is still coming from the battery, not from the wall or anything else.

[00:12:27] Speaker 05:
In that embodiment, yes, Your Honor.

[00:12:29] Speaker 00:
I also want to ask, going back to column seven, I noticed that you kept on calling it a power signal level.

[00:12:37] Speaker 00:
And where in column seven does it use that phrase?

[00:12:41] Speaker 00:
I just see signal level.

[00:12:42] Speaker 05:
So at column seven, lines 22 to 25.

[00:12:48] Speaker 05:
The specification does use the term signal power level.

[00:12:53] Speaker 05:
That is detected.

[00:12:54] Speaker 05:
And then at column 10, lines 38 to 67, the specification also describes detecting the strength of a signal.

[00:13:05] Speaker 05:
And depending on that, the location tracking circuitry is either activated or deactivated.

[00:13:10] Speaker 02:
Mr. Chung, you're using your rebuttal time.

[00:13:12] Speaker 05:
Thank you.

[00:13:13] Speaker 02:
Go ahead.

[00:13:13] Speaker 02:
Thank you, Your Honor.

[00:13:14] Speaker 02:
Mr. Seale, please proceed.

[00:13:21] Speaker 01:
Thank you, and may it please the court.

[00:13:25] Speaker 01:
I think we're all in agreement that the relevant power level recited in claim 8 is the power level that is measured and adjusted by the battery power level monitor.

[00:13:34] Speaker 01:
And apart from the plain reading of the claims, which the court... Are those two different power levels?

[00:13:39] Speaker 04:
I guess the way I was understanding this was that one is the level of what's still in the battery, and the other is the level of the output from the battery.

[00:13:50] Speaker 01:
I believe they are the same level, and the specification refers to both of those levels using the same number, which I think is 406.

[00:13:57] Speaker 01:
So I can look at that, but I think they are the same.

[00:14:01] Speaker 01:
The level that is remaining in the battery is referred to later in the claim as the estimated charge level.

[00:14:07] Speaker 01:
So that's what it refers to, and that's also shown in Figure 4 as a sort of battery icon with a value on it.

[00:14:15] Speaker 01:
So I'll confirm that.

[00:14:16] Speaker 01:
But the point I wanted to make here is that the power level that is adjusted and measured by the battery power level monitor cannot be a signal level for the plain reason that we know the signal level is measured by something else.

[00:14:30] Speaker 01:
It's in column 7, lines 22 to 25 that you were just reviewing.

[00:14:35] Speaker 01:
It notes that signal detecting circuitry 115 detects and measures the signal power level.

[00:14:41] Speaker 01:
It also says that signal processing circuitry 104 processes and measures the signal power level.

[00:14:47] Speaker 01:
So there is no reason to assign that measuring function to the battery power level monitor when the specification tells us there is separate circuitry to measure that level.

[00:14:56] Speaker 01:
Beyond that, the signal power level is never adjusted by anything.

[00:15:02] Speaker 01:
The signal power level, the GPS signal is received by the invention.

[00:15:07] Speaker 01:
It is processed to extract location information, and the power level of that signal is measured.

[00:15:12] Speaker 01:
And that measurement is then used to trigger certain events, a transaction between the location tracking circuitry and the accelerometer.

[00:15:19] Speaker 01:
But that signal level, which comes from outside the invention, is never adjusted.

[00:15:24] Speaker 01:
And there's a difference between adjusting the threshold value that triggers the switch between the accelerometer and the location tracking circuitry and adjusting the power level itself.

[00:15:36] Speaker 01:
You know the questions for me.

[00:15:37] Speaker 03:
That's all I have Okay, thank you

[00:15:48] Speaker 05:
Just very briefly, Your Honor, there is nothing in the claim language or the specification that contains an expressed restriction on the broad term power level or the threshold values that comprise the power level.

[00:16:04] Speaker 05:
And under this court's precedent, including the Google versus EcoFactor decision from 2024, where there are no expressed constraints placed on a broad term like this, the broad interpretation should apply.

[00:16:17] Speaker 05:
Thank you.

[00:16:17] Speaker 02:
Okay, I thank both counsels.

[00:16:19] Speaker 02:
Casey's taking another submission.