Docket Nos. 17-1894, 17-1936
GOPRO, INC.,
Appellant,
v.
CONTOUR IP HOLDING LLC,
Appellee.
Appeals from the United States Patent and Trademark Office, Patent Trial and
Appeal Board in Nos. IPR2015-01078 and IPR2015-01080
CORRECTED BRIEF OF APPELLANT GOPRO, INC.
Mark A. Lemley Adam R. Brausa Durie Tangri LLP 217 Leidesdorff Street San Francisco, CA 94111 (415) 362-6666
Karineh Khachatourian Duane Morris LLP 2475 Hanover Street Palo Alto, CA 94304 (650) 847-4145
Attorneys for Appellant GoPro, Inc.
July 28, 2017
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FORM 9. Certificate of Interest Form9 R ev. 03/16
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
GoPr·o, Inc. v. Contour IP Holding LLC
Case No. 2017-1894, -1936
CERTIFICATE OF INTEREST
Counsel for the: D (petitioner)~ (appellant) D (respondent) D (appellee)D (amicus)D (name of party)
GoPro, Inc.
certifies the following (use "None" if applicable; use extra sheets if necessary):
2. Name of Real Party in interest 3. Parent corporations and 1. Full N arne of Party (Please only include any real party publicly held companies
Represented by me in interest NOT identified in that own 10 % or more of Question 3) represented by me is: stock in the party
GoPro, Inc. GoPro, Inc. None
4. The names of all law firms and th e partners or associates that appeared for the party or a micus now represented by me in t he trial court or agency or are expected to appear in this court (and who have not or will not enter an appearance in this case) are:
DURIE TANGRI LLP- Mark A. Lemley & Adam R. Brausa
DUANE MORRIS LLP - Karineh Khachatourian, Patrick D. McPherson, John M. Baird & David T. Xue
Jul 28,2017 /s/ Mark A. Lemley
Date Signature of counsel
Please Note: All questions must be a nswered Mark A Lemley
Printed name of counsel
cc: ECF Service List
I Reset Fields I
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i
TABLE OF CONTENTS
Page
CERTIFICATE OF INTEREST
TABLE OF CONTENTS ........................................................................................ i
TABLE OF AUTHORITIES ............................................................................... iii
STATEMENT OF RELATED CASES ................................................................. 1
JURISDICTIONAL STATEMENT ...................................................................... 2
STATEMENT OF ISSUES ................................................................................... 3
INTRODUCTION ................................................................................................. 4
STATEMENT OF THE CASE .............................................................................. 5
A. The ’954 and ’694 Patents ........................................................................... 5
B. GoPro’s Petitions for Inter Partes Review .................................................. 6
C. Contour IP, LLC’s Preliminary Responses ................................................. 9
D. The Board’s Institution Decisions ............................................................... 9
E. The IPR Proceedings ................................................................................. 10
F. The Board’s Final Written Decisions and Rehearing Decision ................ 12
SUMMARY OF THE ARGUMENT .................................................................. 16
ARGUMENT ....................................................................................................... 18
I. STANDARD OF REVIEW .......................................................... 18
II. THE UNDISPUTED FACTS SHOW THAT THE GOPRO CATALOG WAS WIDELY DISSEMINATED IN A VARIETY OF FORMS ....................................................... 18
III. THE BOARD’S DETERMINATION THAT THE
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GOPRO CATALOG IS NOT PRIOR ART CONSTITUTES LEGAL ERROR ............................................... 22
A. The Board Ignored Undisputed Facts Showing that the GoPro Catalog Was Publicly Available after the Tucker Rocky Dealer Show .......................................................................................................... 23
B. The Distribution of the GoPro Catalog at the Tucker Rocky Dealer Show Made the GoPro Catalog Publicly Accessible and a Printed Publication ..................................................................................... 34
CONCLUSION .................................................................................................... 52
ADDENDUM
ADDENDUM TABLE OF CONTENTS
CERTIFICATE OF SERVICE
CERTIFICATE OF COMPLIANCE
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iii
TABLE OF AUTHORITIES
Page(s)
Cases
Blue Calypso, LLC v. Groupon, Inc., 815 F.3d 1331 (Fed. Cir. 2016) .................................................................... 45, 47
Constant v. Advanced Micro-Devices, Inc., 848 F.2d 1560 (Fed. Cir. 1988) ...................................................................passim
Contour IP Holding, LLC v. GoPro, Inc., Case No. 1:15-cv-01108-LPS (D. Del. Nov. 30, 2015) ....................................... 1
Cooper Cameron Corp. v. Kvaerner Oilfield Prods., Inc., 291 F.3d 1317 (Fed. Cir. 2002) .......................................................................... 42
In re Cronyn, 890 F.2d 1158 (Fed. Cir. 1989) .......................................................................... 42
Garrett Corp. v. United States, 422 F.2d 874 (Ct. Cl. 1970) .............................................................. 36, 37, 39, 43
In re Hafner, 410 F.2d 1403 (C.C.P.A. 1969) .......................................................................... 49
In re Hall, 781 F.2d 897 (Fed. Cir. 1986) .....................................................................passim
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 855 F.3d 1356 (Fed. Cir. 2017) .......................................................................... 44
Iovate Health Scis., Inc. v. Bio-Engineered Supplements & Nutrition, Inc., 586 F.3d 1376 (Fed. Cir. 2009) .................................................................... 43, 46
Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928) ............................................................... 31, 32, 33, 37
In re Klopfenstein, 380 F.3d 1345 (Fed. Cir. 2004) ...................................................................passim
Case: 17-1894 Document: 20 Page: 5 Filed: 07/31/2017
iv
Kyocera Wireless Corp. v. Int’l Trade Comm’n, 545 F.3d 1340 (Fed. Cir. 2008) .................................................................... 18, 47
In re Lister, 583 F.3d 1307 (Fed. Cir. 2009) .......................................................................... 42
Lockwood v. American Airlines, Inc., 107 F.3d 1565 (Fed. Cir. 1997) .................................................................... 44, 45
Massachusetts Institute of Technology v. AB Fortia, 774 F.2d 1104 (Fed. Cir. 1985) .................................................................... 35, 36
Orion IP, LLC v. Hyundai Motor America, 605 F.3d 967 (Fed. Cir. 2010) .....................................................................passim
Singleton v. Wulff, 428 U.S. 106 (1976) ............................................................................................ 49
Voter Verified, Inc. v. Premier Election Solutions, Inc., 698 F.3d 1374 (Fed. Cir. 2012) .................................................................... 26, 27
In re Wyer, 655 F.2d 221 (C.C.P.A. 1981) ............................................................................ 42
Statutes
37 C.F.R. § 42.1(d) .................................................................................................. 24
35 U.S.C. § 102(b) ............................................................................................passim
35 U.S.C. § 112(a) ................................................................................................... 48
35 U.S.C. § 141(c) ..................................................................................................... 2
Leahy-Smith America Invents Act, 35 U.S.C. § 7(c)(2), Pub. L. No. 112-29, 125 Stat. 314 (effective Sept. 16, 2011) .................................................. 2
Other Authorities
MPEP § 2159.01 (9th ed. Rev. 07.2015, Nov. 2015) .............................................. 24
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STATEMENT OF RELATED CASES
This is a consolidated appeal of 17-1894 and 17-1936, each of which is from
a final written decision of the Patent Trial and Appeal Board (“Board”) concerning
certain claims of U.S. Patent No. 8,890,954 (the “’954 patent”) and U.S. Patent No.
8,896,694 (the “’694 patent”), respectively. The underlying inter partes review
case numbers are IPR2015-01080 and IPR2015-01078, respectively. Given that
the issues on appeal are substantially identical between the two IPR proceedings,
for the sake of simplicity, references herein are to IPR2015-01080 (challenging
claims 1, 2, and 11-30), but apply equally to IPR2015-01078 (challenging claims
1-20). The ’954 and ’694 patents are also the subject of the district court litigation
captioned Contour IP Holding, LLC v. GoPro, Inc., Case No. 1:15-cv-01108-LPS
(D. Del. Nov. 30, 2015), which was stayed on July 17, 2016 in view of the IPR
proceedings. The stay was lifted on November 7, 2016 after the Board’s final
written decisions. On July 6, 2017, Magistrate Judge Burke issued an order
granting GoPro’s motion to transfer the case to the Northern District of California.
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JURISDICTIONAL STATEMENT
The statutory basis for jurisdiction of this Court to hear this appeal is 35
U.S.C. § 141(c) (as amended by the Leahy-Smith America Invents Act (“AIA”),
35 U.S.C. § 7(c)(2), Pub. L. No. 112-29, 125 Stat. 314 (effective Sept. 16, 2011)).
This is an appeal of final written decisions from the Patent Trial and Appeal Board
dated October 26, 2016, dismissing the inter partes review proceedings in cases
IPR2015-01080 and IPR2015-01078. The Board denied GoPro’s requests for
rehearing on February 16, 2017. GoPro then filed timely notices of appeals from
both final written decisions on April 10, 2017.
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STATEMENT OF ISSUES
1. Whether the undisputed fact that the GoPro Catalog was published
and made available to the general public through GoPro’s website, direct mail, and
electronic mail more than one year before the effective filing date of the ’954 and
’694 patents makes it an invalidating printed publication.
2. Whether the undisputed fact that the GoPro Catalog was published
and made available to the public through display and distribution of hundreds of
copies of the GoPro Catalog at the Tucker Rocky Dealer Show, which ran from
July 23-27, 2009, more than one year before the effective filing date of the ’954
and ’694 patents makes it an invalidating printed publication.
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INTRODUCTION
The facts of this case are undisputed. GoPro printed and distributed
hundreds of copies of the GoPro Catalog at a trade show attended by over 1,000
individuals interested in products like GoPro’s action sports point of view cameras.
After the trade show, GoPro continued to make the GoPro Catalog available
through its website, direct email, and electronic mail. The legal question on this
appeal is whether the distribution of that catalog without restriction made it a
printed publication and therefore prior art.
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STATEMENT OF THE CASE
A. The ’954 and ’694 Patents
The ’954 patent issued on November 18, 2014 from a national stage utility
application filed on September 13, 2011. Appx92. The ’694 patent issued from
continuation of that application on November 25, 2014. Appx148. Both the ’954
and ’694 patents claim priority back to a provisional application filed on
September 13, 2010. See Appx92, Appx148. For the purposes of this appeal, the
one-year critical date is therefore September 13, 2009. See 35 U.S.C. § 102(b)
(pre-AIA).
The ’954 and ’694 patents share a common specification which generally
relates to and describes action sports video cameras or camcorders that are
“configured for remote image acquisition control and viewing.” Appx131 at 1:16-
17. One embodiment disclosed includes a camera and wireless viewer/controller,
which the ’954 patent illustrates running on an Apple iPhone®.
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Appx100 at fig.4A, Appx127 at fig.38, Appx142-143 at 24:65-25:22.
The ’954 patent discloses that the viewer/controller can be used to preview
images and also alter video settings, such as light and color. Appx141-142 at
22:33-23:25. The ’954 patent also describes recording video at a high quality
resolution and a lower quality resolution, “in which the lower quality file is
streamed or played back after the recorded action has taken place.” Appx140 at
20:7-16. The bandwidth of the wireless connection between the camera and the
viewer/controller can be monitored and used to modify the streaming rate and
format of the lower quality file. Id.
B. GoPro’s Petitions for Inter Partes Review
GoPro filed petitions for inter partes review of the ’954 and ’694 patents on
April 20, 2015. See Appx339, Appx267. In IPR2015-01080, GoPro challenged
the patentability of claims 1-30 of the ’954 patent. Appx306-307. In IPR2015-
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01078, GoPro challenged the patentability of claims 1-20 of the ’694 patent.
Appx234-235.
1. Grounds for challenges
In both petitions for inter partes review, GoPro challenged the patentability
of the claims of the ’954 and ’694 patents solely on obviousness grounds.
Appx306-307, Appx234-235. All of the obviousness challenges raised by GoPro
rely on a 2009 GoPro sales catalog (the “GoPro Catalog”) as prior art. Id.; see also
Appx4301-4316. The GoPro Catalog discloses a digital camera linked to a
wireless viewfinder/controller that allows the user to preview a scene before the
user starts recording, which is relevant to the challenged claims of both the ’954
and ’694 patents. See, e.g., Appx309, Appx316-317 (IPR2015-01080), Appx237-
238, Appx347 (IPR2015-01078), Appx4302-4303, Appx4306, Appx4315 (GoPro
Catalog).
2. The Jones declaration
GoPro supported its petitions for inter partes review and reliance on the
GoPro Catalog as prior art by providing the catalog itself, a declaration from
GoPro employee Damon Jones about its distribution, and email records supporting
Mr. Jones’s recollection. Mr. Jones had been a GoPro employee since 2008 (he
retired in 2016) and participated in various trade organizations relevant to GoPro’s
business. See Appx4328 ¶ 2, Appx4329 ¶ 4. As Mr. Jones explained, one such
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organization is Tucker Rocky Distributing (“Tucker Rocky”), a trade organization
focused on action sports vehicles like motorcycles and all-terrain vehicles as well
as related apparel, parts and accessories. Appx4329 ¶ 4. Those accessories include
video cameras, like GoPro’s, that are mountable to an action sports vehicle rider’s
helmet or the vehicle itself to capture video from the point of view of the rider. Id.
Mr. Jones testified that Tucker Rocky holds an annual trade show that draws
thousands of attendees. Appx4329 ¶ 5. In 2009, the Tucker Rocky Dealer Show
ran from July 23 to July 27, 2009 at the Fort Worth Convention Center in Fort
Worth, Texas. Id. Tucker Rocky became a distributor of GoPro products at least
as early as 2008. Appx4330 ¶ 6.
GoPro attended the Tucker Rocky Dealer Show as a vendor and had a
demonstration booth at the show, along with approximately 150 other vendors.
Appx4330 ¶ 7. Mr. Jones personally attended the 2009 show and testified that
there were over 1,000 attendees, including hundreds of dealers. Appx4329 ¶ 5.
More specifically, the trade show was attended by “actual and potential dealers,
retailers, and customers of portable, point of view video cameras.” Appx4330 ¶ 7.
At the GoPro booth, which Mr. Jones manned, GoPro displayed and distributed
hundreds of copies of the GoPro Catalog to attendees of the Tucker Rocky Dealer
Show without any confidentiality restriction. Appx4330-4331 ¶¶ 8-10.
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After the Tucker Rocky Dealer Show, but before the critical date of
September 13, 2009, Mr. Jones testified that GoPro continued to make the GoPro
Catalog available to “GoPro’s actual and potential customers, dealers and retailers
through its website, direct mail, and other means of distribution.” Appx4331 ¶ 11.
C. Contour IP, LLC’s Preliminary Responses
Contour IP, LLC (“Contour IP”) filed Patent Owner Preliminary Responses
in IPR2015-01080 and IPR2015-01078 on July 30, 2015. See, e.g., Appx454.
Contour IP argued that GoPro had not carried its burden to prove that the GoPro
Catalog was a prior art printed publication. Appx416-419. Specifically, Contour
IP argued that GoPro had failed to demonstrate that: (1) the GoPro Catalog was
available to persons of ordinary skill in the art; or (2) that the Tucker Rocky Dealer
Show was advertised or announced to the public. Appx419-423. Contour IP also
made several evidentiary challenges to Mr. Jones’s declaration, Appx423-428, and
argued that because GoPro had not demonstrated that it was reasonably likely that
the GoPro Catalog was a prior art printed publication, “no inter partes review
should be instituted.” Appx428-429.
D. The Board’s Institution Decisions
The Board rejected Contour IP’s preliminary arguments and instituted trial
in both IPR2015-01080 and IPR2015-01078 on October 28, 2015. See Appx499,
Appx465. In doing so, the Board considered whether GoPro had made the
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“threshold showing that the GoPro Catalog is prior art,” and concluded that it had.
Appx509-514. Specifically, the Board found that “Mr. Jones’s testimony amounts
to a threshold showing of public accessibility.” Appx511. The Board was also
“persuaded that those interested in digital video cameras of the type described in
the ’954 patent would have been interested in events like the Tucker Rocky Dealer
Show where the GoPro Catalog was available.” Appx512. The Board did not rely
on Mr. Jones’s statements about the public availability of the GoPro Catalog after
the Tucker Rocky Dealer Show, because GoPro’s “assertions regarding the GoPro
Catalog’s availability at the Tucker Rocky Dealer Show in 2009 [were]
sufficient . . . .” Appx513. The Board noted that Contour IP would have the
“opportunity to challenge all of [GoPro’s] assertions during trial, including the
ability to cross-examine Mr. Jones and object and move to exclude his testimony if
warranted . . . .” Appx513-514.
E. The IPR Proceedings
On November 20, 2015, after trial was instituted, and before Contour IP
filed its Patent Owner Responses, Mr. Jones executed a supplemental declaration
to clarify that the statements in his first declaration were based on his personal
knowledge. Appx5004 ¶ 6, Appx5005-5006 ¶¶ 7, 10, 11. Mr. Jones confirmed
that he personally distributed GoPro Catalogs at the Tucker Rocky Dealer Show
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and “witnessed another GoPro employee distribute the GoPro Catalog to
attendees” as well. Appx5004 ¶ 6.
Additionally, Mr. Jones specified that he was “familiar with the marketing
material available on GoPro’s website and distributed through direct mail,
including such material that was available and distributed after the 2009 Tucker
Rocky Dealer Show and prior to September 13, 2009.” Appx5005-5006 ¶ 10. Mr.
Jones also confirmed that during this time, he was personally aware of the fact that
the GoPro Catalog was available to “GoPro’s actual and potential customers,
dealers and retailers through its website or by hardcopy, and electronic copies were
emailed to GoPro distributors.” Id.
Furthermore, Mr. Jones testified that in July 2009, the “GoPro Catalog was a
new catalog that GoPro produced to introduce GoPro’s new HD HERO camera,
and specifically the HD Motosports HERO camera.” Appx5005 ¶ 8. And he
confirmed that “[t]he copy of the GoPro Catalog that is identified as Exhibit
GOPRO-1011 was taken from the inventory of these catalogs that GoPro
maintained and distributed in the ordinary course of business.” Appx5005 ¶ 9.
Contour IP filed its Patent Owner Responses on January 19, 2016 and
continued to argue that GoPro had not demonstrated that the GoPro Catalog was a
prior art publication. See, e.g., Appx795-807. At no point during trial did Contour
IP seek to depose Mr. Jones on the contents of his declarations or on his personal
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knowledge that provided the foundation for the statements contained in these
declarations. The Board found that Contour IP did not “point to any reason to
doubt the veracity of [Mr. Jones’s] testimony.” Appx55 n.9. And Contour IP did
not put on any witness of its own to challenge Mr. Jones’s testimony.
F. The Board’s Final Written Decisions and Rehearing Decision
On October 26, 2016, after hearing oral argument, the Board issued final
written decisions in IPR2015-01080 and IPR2015-01078. In both cases, the Board
confirmed the patentability of the challenged claims based solely on its decision
that, contrary to its conclusion at the institution stage, the GoPro Catalog was not a
prior art printed publication. Appx61, Appx30. Because the Board resolved this
threshold issue in Contour IP’s favor and because it implicates all of the grounds
for unpatentability raised by GoPro, the Board did not address the substantive
obviousness arguments made by GoPro at all in its final written decisions. Id.
GoPro requested rehearing on November 22, 2016 and the Board denied
GoPro’s request on February 16, 2017, for similar reasons to those set forth in the
Board’s final written decisions. Appx76-84.
In its final written decisions, the Board offered two primary reasons
supporting its conclusion that the GoPro Catalog was not a printed publication.
First, the Board concluded that GoPro had not provided any evidence “that the
2009 Tucker Rocky Dealer Show was advertised or announced to the public, such
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that a person interested and ordinarily skilled in the art from the public would have
known about it and could have obtained a copy of the GoPro Catalog there.”
Appx55. The Board criticized GoPro for failing to specifically show how a
“member of the general public (as opposed to just Tucker Rocky’s members)
would have known about the show.” Id. The Board offered no legal authority for
its apparent position that dissemination of the GoPro Catalog to an interested
subset of the general public at a trade show was insufficient to make it a printed
publication.
Second, the Board concluded that the GoPro Catalog was not prior art
because GoPro did not prove that the “GoPro Catalog was disseminated or
otherwise made available at the 2009 Tucker Rocker Dealer Show to persons
ordinarily skilled in the art . . . .” Appx57 (emphasis added). The Board first
noted that the parties were in agreement that a person of ordinary skill in the art
would have had “at least a bachelor’s degree in computer science, electrical
engineering, or a similar discipline, and some experience creating, programming,
or working with digital video cameras, such as POV action sports video cameras.”
Id. The Board concluded that GoPro had not explained “why, or provid[ed] any
evidence demonstrating that, such persons would have been in attendance at the
2009 Tucker Rocky Dealer Show.” Id. According to the Board, GoPro needed to
show that someone meeting the agreed-upon definition of a person of ordinary skill
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in the art actually attended the Tucker Rocky Dealer Show to prove that the GoPro
Catalog was a printed publication. Appx58-60.
The Board addressed GoPro’s argument that the GoPro Catalog was also
publicly available by other means after the Tucker Rocky Dealer Show in a
footnote. While the Board recognized that Contour IP “did not cross-examine Mr.
Jones, and does not point to any reason to doubt the veracity of his testimony[,]”
Appx55 n.9, the Board nonetheless discounted Mr. Jones’s sworn testimony that
the GoPro Catalog was available on GoPro’s website and emailed to distributors.
The Board deemed Mr. Jones’s unrebutted and sworn declarations insufficient to
demonstrate public accessibility, because GoPro provided no additional support for
Mr. Jones’s testimony. Appx53-54 n.8.
The Board concluded that it was “unable to assess whether the GoPro
Catalog was disseminated in any way other than at the 2009 Tucker Rocky Dealer
Show.” Id. According to the Board, GoPro was obligated to provide more specific
information, such as the “specific web page from which the GoPro Catalog
allegedly could be downloaded,” “how someone could locate and access the web
page,” and “any circumstances under which the GoPro Catalog was mailed or
emailed to others (e.g., to whom, how many times, on what dates).” Id. The Board
cited no legal authority to support its conclusion that such specifics are necessary
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to demonstrate the public accessibility required for a prior art printed publication.
Appx53-54 n.8.
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SUMMARY OF THE ARGUMENT
GoPro printed and distributed hundreds of copies of the GoPro Catalog at a
trade show attended by over 1,000 people interested in products like GoPro’s
action cameras, and GoPro continued to make the GoPro Catalog available after
the trade show through its website, direct mail, and electronic mail. The wide
distribution of that catalog without restriction made it a printed publication and
therefore prior art under this Court’s precedent.
The Board’s decision to the contrary should be reversed on either of two
alternative grounds. First, the Board all but ignored the undisputed evidence that
the GoPro Catalog was publicly available outside of the Tucker Rocky Dealer
Show, both through direct mail and over the Internet. That evidence was sufficient
to find that the catalog was reasonably accessible to the interested public.
Alternatively, the Board should be reversed because it erred in concluding
that the undisputed distribution of several hundred copies of the GoPro Catalog at
the Tucker Rocky Dealer Show did not qualify as a printed publication. The Board
made two legal errors in assessing the trade show evidence. First, it held—
contrary to this Court’s precedent—that distribution of materials at a conference
could not be a printed publication unless the conference was open to the public at
large. Second, it wrongly held that distribution of the catalog to attendees at the
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conference could not constitute a printed publication unless the attendees were
themselves scientists skilled in camera design.
Because the Board refused to accept the GoPro Catalog as prior art, it did
not consider the merits of GoPro’s obviousness case. This Court should remand so
that the Board can decide whether the challenged patent claims are obvious in view
of the disclosures and teachings in the GoPro Catalog.
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ARGUMENT
I. STANDARD OF REVIEW
Whether a reference constitutes a printed publication under 35 U.S.C. §
102(b) (pre-AIA) “is a legal determination based on underlying fact issues . . . .”
In re Hall, 781 F.2d 897, 899 (Fed. Cir. 1986). Review of the legal determination
of whether something is a printed publication is done “without deference while
according substantial evidence deference to the factual components of the
determination.” Kyocera Wireless Corp. v. Int’l Trade Comm’n, 545 F.3d 1340,
1350 (Fed. Cir. 2008). Where no facts are in dispute, the question of whether a
reference represents a “‘printed publication’ is a question of law” that “will be
reviewed de novo.” See In re Klopfenstein, 380 F.3d 1345, 1347-48 (Fed. Cir.
2004).
II. THE UNDISPUTED FACTS SHOW THAT THE GOPRO CATALOG WAS WIDELY DISSEMINATED IN A VARIETY OF FORMS
There are no facts in dispute in this appeal. Mr. Jones provided two sworn
declarations in the IPR proceedings describing the manner and circumstances in
which the GoPro Catalog was made publicly available. See Appx4327-4336,
Appx5002-5012. He corroborated those declarations with contemporaneous email
records indicating the delivery of several hundred of the catalogs to the Tucker
Rocky Dealer Show and with a copy of the catalog itself. Appx5004-5005 ¶¶ 5-9,
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Appx5011-5012, Appx4301-4316. While Contour IP argued that Mr. Jones’s
declarations were insufficient, it declined the Board’s invitation to cross-examine
him on his testimony. Contour IP never sought to depose Mr. Jones. Nor did it put
on its own witnesses to challenge Mr. Jones’s testimony. Indeed, as the Board
recognized, Contour IP did not call into question the veracity of any of Mr. Jones’s
testimony. Appx55 n.9. And it did not challenge the authenticity of the email
documenting the delivery of several hundred catalogs to Mr. Jones at the Tucker
Rocky Dealer Show before the critical date.
The following facts are therefore undisputed:
Mr. Jones was familiar with the marketing materials available on
GoPro’s website and distributed through direct mail between July 28,
2009 and September 13, 2009; Appx4329 ¶ 5, Appx4331 ¶ 11,
Appx5005-5006 ¶ 10;
Between July 28, 2009 and September 13, 2009, the GoPro Catalog
was distributed and made available to GoPro’s actual and potential
customers, dealers, and retailers on GoPro’s website; Appx4331 ¶ 11,
Appx5005-5006 ¶ 10;
Between July 28, 2009 and September 13, 2009, hard copies of the
GoPro Catalog were distributed and made available to GoPro’s actual
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and potential customers, dealers, and retailers; Appx4331 ¶ 11,
Appx5005-5006 ¶ 10;
Between July 28, 2009 and September 13, 2009, electronic copies of
the GoPro Catalog were emailed to GoPro distributors; Appx4331 ¶
11, Appx5005-5006 ¶ 10;
The Tucker Rocky trade organization is for vendors, dealers,
customers and enthusiasts of action sports vehicles, like motorbikes,
as well as associated accessories, which include video cameras, like
GoPro’s, that are mountable to a rider’s helmet or vehicle to capture
video from the rider’s point of view; Appx4329 ¶ 5;
Tucker Rocky holds an annual trade show that features its dealer and
vendor members and is attended by thousands of individuals;
Appx4329 ¶ 5;
The 2009 Tucker Rocky Dealer Show was held from July 23, 2009 to
July 27, 2009 at the Fort Worth Convention Center in Fort Worth,
Texas; Appx4329 ¶ 5;
Approximately 150 vendors displayed and demonstrated their
products and accessories in demonstration booths at the 2009 Tucker
Rocky Dealer Show, including GoPro; Appx4330 ¶ 7;
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Actual and potential dealers, retailers, and customers of portable,
point of view video cameras, like GoPro’s, also attended the 2009
Tucker Rocky Dealer Show; Appx4330 ¶ 7;
On July 20, 2009, Nicholas Woodman, GoPro’s founder and Chief
Executive Officer, emailed Damon Jones and indicated that several
hundred hard copies of the GoPro Catalog would be delivered to Mr.
Jones on Wednesday, July 22, 2009 for distribution at the Tucker
Rocky Dealer Show; Appx5004 ¶ 5;
On or around July 22, 2009, Mr. Jones received the hard copies of the
GoPro Catalog that had been shipped to his hotel and brought them
with him to the 2009 Tucker Rocky Dealer Show; Appx5004 ¶ 6;
Mr. Jones manned GoPro’s demonstration booth at the 2009 Tucker
Rocky Dealer Show and he, along with at least one other GoPro
employee, personally distributed hundreds of hard copies of the
GoPro Catalogs that had been shipped to him to trade show attendees;
Appx4330 ¶¶ 7-8; Appx5004 ¶ 6;
The GoPro Catalog was also displayed and made available at GoPro’s
demonstration booth at the 2009 Tucker Rocky Dealer Show;
Appx4330 ¶ 7;
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The GoPro Catalog was displayed and distributed to attendees of the
2009 Tucker Rocky Dealer Show without any restrictions regarding
use or confidentiality; Appx4330 ¶¶ 8-9; and
The GoPro Catalog cited as Exhibit GOPRO-1011 in the IPR
proceedings is a true and correct copy of the GoPro Catalog that was
distributed at the 2009 Tucker Rocky Dealer Show and made
available on GoPro’s website and emailed to GoPro distributors prior
to September 13, 2009; Appx4331 ¶ 10; Appx5005 ¶ 9.
To summarize, it is undisputed that hundreds of hard copies of the GoPro
Catalog were distributed to attendees of the 2009 Tucker Rocky Dealer Show from
July 23, 2009 to July 27, 2009. The GoPro Catalog was also displayed at GoPro’s
demonstration booth at this trade show. No confidentiality restrictions were placed
on recipients of the GoPro Catalog. After the Tucker Rocky Dealer Show, from
July 28, 2009 to September 13, 2009 (one year before the effective filing date of
the ’954 and ’694 patents), the GoPro Catalog was available on GoPro’s website
and by direct mail, and it was also emailed to distributors of GoPro products.
III. THE BOARD’S DETERMINATION THAT THE GOPRO CATALOG IS NOT PRIOR ART CONSTITUTES LEGAL ERROR
In no case prior to the Board’s decision below has a reference that has been
disseminated and made available as widely as the GoPro Catalog been found not to
be a prior art printed publication. The cases from this Court addressing the legal
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question of printed publications have instead typically involved facts where the
reference at issue was disseminated to only a few people, if at all, where some
confidentiality restrictions were placed on receipt of the reference, or where the
reference is technically accessible to the public, but one has to know how to search
for it. In contrast, here, it is undisputed GoPro handed out hundreds of hard copies
of the GoPro Catalog to people interested in purchasing GoPro products and the
GoPro Catalog was available on GoPro’s website, all before the one-year critical
date of September 13, 2009. Appx4330 ¶¶ 7-8, Appx4331 ¶ 11, Appx5004 ¶ 6,
Appx5005-5006 ¶ 10.
The Board’s final written decision finding that such dissemination and
availability does not show that the GoPro Catalog is a prior art printed publication
constitutes legal error and should be reversed. Because the Board did not reach the
merits of GoPro’s obviousness challenges to the ’694 and ’954 patents, the case
should be remanded so that the Board can render a decision on the merits once the
GoPro Catalog is properly viewed as a prior art printed publication.
A. The Board Ignored Undisputed Facts Showing that the GoPro Catalog Was Publicly Available after the Tucker Rocky Dealer Show
The bulk of the Board’s final written decisions focuses on GoPro’s
distribution of the GoPro Catalog at the 2009 Tucker Rocky Dealer Show. But this
Court need not reach that issue at all, because the undisputed facts demonstrate that
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the GoPro Catalog was available to the general public after the 2009 Tucker Rocky
Dealer Show but before the one-year critical date, on GoPro’s website, in hard
copy through direct mail, and via email to GoPro distributors. Appx4331 ¶ 11,
Appx5005-5006 ¶ 10. This degree of public accessibility, the hallmark of the
printed publication analysis, is more than adequate to make the GoPro Catalog
prior art under 35 U.S.C. § 102(b).
Section 102(b) of the Patent Act of 19521 bars patentability when “the
invention was patented or described in a printed publication in this or a foreign
country . . . more than one year prior to the date of the application for the patent in
the United States.” 35 U.S.C. § 102(b). The ’954 and ’694 patents both have
effective filing dates of September 13, 2010, so the critical date is September 13,
2009. Appx92, Appx148.
GoPro need only demonstrate that the GoPro Catalog is prior art by a
preponderance of the evidence. 37 C.F.R. § 42.1(d). The determination of
whether something constitutes a prior art printed publication “involves a case-by-
case inquiry into the facts and circumstances surrounding the reference’s
disclosure to members of the public.” In re Klopfenstein, 380 F.3d 1345, 1350
1 Both the ’954 and ’694 patents have filing dates prior to March 16, 2013 and
therefore the pre-AIA version of 35 U.S.C. § 102(b) applies. See MPEP § 2159.01 (9th ed. Rev. 07.2015, Nov. 2015), Appx92, Appx148.
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(Fed. Cir. 2004). “Because there are many ways in which a reference may be
disseminated to the interested public, ‘public accessibility’ has been called the
touchstone in determining whether a reference constitutes a ‘printed publication’
bar under 35 U.S.C. § 102(b).” In re Hall, 781 F.2d 897, 898-99 (Fed. Cir. 1986).
The party challenging the validity of patent claims based on a printed publication
“must show that prior to the critical date the reference was sufficiently accessible,
at least to the public interested in the art, so that such a one by examining the
reference could make the claimed invention without further research or
experimentation.” Id. at 899. As this Court explained in Constant v. Advanced
Micro-Devices, Inc., 848 F.2d 1560 (Fed. Cir. 1988):
Accessibility goes to the issue of whether interested members of the relevant public could obtain the information if they wanted to. If accessibility is proved, there is no requirement to show that particular members of the public actually received the information.
Id. at 1569.
Here, there are no facts in dispute relating to the distribution of the GoPro
Catalog after the Tucker Rocky Dealer Show but before the critical date of
September 13, 2009. First, the GoPro Catalog was available on GoPro’s website
and accessible to GoPro’s actual and potential customers, dealers and retailers.
Appx4331 ¶ 11, Appx5005-5006 ¶ 10. Second, it was available via hard copy
through direct mail. Id. Third, the GoPro Catalog was emailed to GoPro
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distributors. Id. Contour IP never challenged this sworn testimony of Damon
Jones and never sought to depose him. Appx55 n.9.
These unrebutted facts demonstrate that the GoPro Catalog is a prior art
printed publication. At a minimum, interested persons could access the GoPro
Catalog on GoPro’s website. It was also available via direct mail from GoPro and
it would have been accessible to interested persons that worked with the GoPro
distributors who had been emailed copies of the reference.
In similar circumstances, where there is undisputed evidence that a reference
is publicly accessible, the reference is considered a printed publication. For
example, in Constant, a specification sheet for a product was deemed a printed
publication where the defendant had provided “uncontroverted evidence of
business practice that was sufficient to prove that [the reference at issue] was
widely available and accessible to the interested public” before the critical date.
848 F.2d at 1568-69.
In Voter Verified, Inc. v. Premier Election Solutions, Inc., 698 F.3d 1374,
1380 (Fed. Cir. 2012), this Court applied the printed publication precedent to facts
involving an online publication. The undisputed facts in that case showed that the
website hosting the article was open to any interested user before the critical date
and that any “interested researcher would have found the . . . article using that
website’s own search functions and applying reasonable diligence.” Id. at 1381.
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As a result, the online publication was found to be publicly accessible and
available as a prior art printed publication. Id.
Additionally, Orion IP, LLC v. Hyundai Motor America, 605 F.3d 967 (Fed.
Cir. 2010), is closely analogous. In that case, unrebutted testimony from a former
employee of the company that published a sales catalog testified that the catalog
was used by salespersons to pitch the products described therein and to serve as a
direct mail piece to dealers to generate interest in the products. Id. at 974.
Because the patentee did not rebut this testimony, this Court concluded that the
sales catalog “qualifie[d] as a prior art printed publication because it was
accessible to those interested in the business of auto parts” prior to the critical date.
Id. at 975.
Like the facts in these decisions, the facts in this case stand unrebutted,
because Contour IP made no attempt to depose Mr. Jones or to present contrary
evidence of its own. The Board itself acknowledged that Contour IP “does not
point to any reason to doubt the veracity of [Mr. Jones’s] testimony.” Appx55 n.9.
The Board, in a footnote, nonetheless found Mr. Jones’s testimony about the
public availability of the GoPro Catalog after the Tucker Rocky Dealer Show
insufficient. Appx53-54 n.8. In the Board’s view, Mr. Jones’s unrebutted
testimony that the GoPro Catalog was available on GoPro’s website or through
direct mail to GoPro’s customers, dealers and retailers, and was also emailed to
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GoPro distributors prior to the critical date, was insufficient to demonstrate that the
GoPro Catalog was a prior art printed publication. Id. The Board criticized GoPro
for not providing “a copy of the specific web page from which the GoPro Catalog
allegedly could be downloaded, . . . and does not explain any circumstances under
which the GoPro Catalog was mailed or emailed to others (e.g., to whom, how
many times, on what dates).” Id. As a result, the Board determined that it was
“unable to assess whether the GoPro Catalog was disseminated in any way other
than the 2009 Tucker Rocky Dealer Show . . . .”2 Id.
The Board’s requirement is neither reasonable nor supported in the law. To
require a start-up company to keep records of every physical catalog it mailed eight
years ago, when they were mailed, and to whom, would impose an unreasonable
burden on anyone seeking to produce prior art. Nor should we expect that
companies will freeze or take screenshots of their websites every week against the
2 The Board incorrectly states that disclosure at the 2009 Tucker Rocky Dealer
Show “is the only basis for the GoPro Catalog being prior art argued by Petitioner in its Petition. See Pet. 26.” Appx54 n.8. Page 26 of GoPro’s petition states that the GoPro Catalog was “distributed publicly at least as early as July 2009” when GoPro attended the Tucker Rocky Dealer Show, but cites paragraphs 4-11 of the Jones declaration. Appx306. Paragraphs 4-10 of the Jones declaration relate to the distribution of the GoPro Catalog at the Tucker Rocky Dealer Show, but paragraph 11 pertains to the public availability of the reference after the trade show, but before the critical date, September 13, 2009. Appx4329-4331 ¶¶ 4-11.
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risk that, years later, the precise way in which content was available on those
websites will be relevant in litigation.
Fortunately that is not the law. The law requires reasonable evidence that
the GoPro Catalog was made available, not evidence of exactly who received it.
Consistent with the Federal Rules of Evidence, this Court accepts evidence of
normal and expected practice as corroboration of testimony about the accessibility
of prior art. In re Hall, for example, considered the public accessibility of a single
copy of a thesis in a German library and addressed the specificity required to set
forth a prima facie case that a document is a printed publication. The thesis was
found to be sufficiently accessible to the interested public and therefore a prior art
printed publication, based solely on unrebutted affidavit testimony from the
director of the library housing the thesis at issue. 781 F.2d at 899. That testimony
did not actually establish a “specific date of cataloging and shelving before the
critical date.” Id. (emphasis in original). Instead, the witness provided only “a
rather general library procedure as to indexing, cataloging, and shelving of theses.”
Id. The Court concluded, however, that “[w]hile such evidence would be
desirable, in lending greater certainty to the accessibility determination, the
realities of routine business practice counsel against requiring such evidence. The
probative value of routine business practice to show the performance of a specific
act has long been recognized.” Id.
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As a result, the Court held that “general library practice may be relied upon
to establish an approximate time when a thesis became accessible.” 781 F.2d at
899. The affidavits at issue maintained that the thesis “most probably was
available for general use toward the beginning of the month of December, 1977.”
Id. It was “undisputed that appellant proffered no rebuttal evidence[,]” and the
Court therefore found the affidavits to be “competent evidence, and in these
circumstances, persuasive evidence that the [thesis] was accessible prior to the
critical date.” Id.
The factual specificity required by the Board finds no support in the law and
is contrary to the holding of In re Hall. As discussed above, in that case general
testimony about the public accessibility of theses was sufficient to demonstrate that
the particular thesis at issue was a prior art publication. 781 F.2d at 899. This
Court explicitly rejected the argument that the testimony was inadequate because it
did not establish the specific date on which the thesis was publicly available. Id. at
899-900.
The Court should similarly reject the Board’s logic for ignoring the evidence
that the GoPro Catalog was publicly available during a roughly six week period
after the Tucker Rocky Dealer Show, but before the critical date. Mr. Jones
provided undisputed testimony about the ways in which the GoPro Catalog was
accessible to the public between July 28, 2009 and September 13, 2009. He did so
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based on his personal knowledge of “the marketing material available on GoPro’s
website and distributed through direct mail” during the relevant timeframe.
Appx4331 ¶ 11, Appx5005-5006 ¶ 10. As in In re Hall, while additional specifics
“would be desirable, in lending greater certainty to the accessibility determination,
the realities of routine business practice counsel against requiring such evidence.”
781 F.2d at 899. Mr. Jones’s declaration is in fact more specific than the one at
issue in In re Hall, because he testified to the public availability of the GoPro
Catalog specifically, not GoPro’s routine business practices with respect to sales
catalogs generally.
Further, the public accessibility of the GoPro Catalog is corroborated by the
nature of the publication itself. The GoPro Catalog is a sales catalog. It is
intended to be distributed to people who might buy products to induce them to do
so. It would be remarkable indeed if GoPro, having printed hundreds of copies of
a catalog and distributed them at a trade show, thereafter hid the catalog from
anyone else except the lucky participants in that trade show. No business works
like that. GoPro sales representatives would naturally have distributed the catalog
as widely as possible in order to sell more cameras and accessories—just as Mr.
Jones testified they did.
In Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928), the Second Circuit
confronted this precise situation—the testimony of an employee about the
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distribution of a product catalog. On the issue of corroboration, Judge Learned
Hand noted that:
To be sure the fact of any distribution at all rests upon the uncorroborated testimony of him and Scharpe, because there was further documentary corroboration of neither, though each was explicit in his recollection, and each had had first hand knowledge. This would not be enough, if the catalogue itself were not produced, bearing its own evidence of existence since 1908 . . . .
Id. at 814. But there, as here, the catalog was itself produced. And Judge Hand
held that was sufficient to corroborate the testimony as to the distribution, because:
[N]o one can seriously suppose that such a document, printed in quantity, was intended to be kept secret; its whole purpose was to be spread broadcast as far as possible. It had been printed at some expense in French for French customers, and, unless some accident happened to prevent, it would in due course have gone upon its intended errand. To prove that no accident did happen, and that it did reach its destination we have, it is true, only oral, though entirely disinterested, testimony; but it is a mistake to assume that, even under the extraordinarily severe tests applied to the proof of anticipation, every step must be buttressed by documents. That some documents are necessary, perhaps, may be the rule; but, when the documents go so far as here, the ritual, if there is any, is satisfied . . . .
Id. (emphasis added).
The Board clearly wished it had before it the “specific web page from which
the GoPro Catalog allegedly could be downloaded[.]” Appx54 n.8. That would, of
course, be ideal. But it is not required. Mr. Jones’s sworn testimony is undisputed
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and there is not “any reason to doubt the veracity of his testimony.”3 Appx55 n.9.
So is the presence of the catalog, its distribution to the public in other ways, and
the common-sense notion from Jockmus that catalogs are meant to be shared with
the world.
The Board offers no legal justification for discounting the unrebutted facts
set forth in Mr. Jones’s two declarations. The specificity requirements imposed by
the Board find no support in the law and under In re Hall are not required. Taking
the facts in Mr. Jones’s two declarations as true, the GoPro Catalog was available
on GoPro’s website, by hard copy, and emailed to GoPro distributors for several
weeks prior to the one-year critical date of September 13, 2009. Appx4331 ¶ 11,
Appx5005-5006 ¶ 10. Under In re Hall and its progeny, this more than satisfies
the requirement of “public accessibility” for a printed publication and therefore, on
these grounds alone, the Board’s final written decision should be reversed.
3 Mr. Jones references “GoPro’s website,” but does not specifically reference its
URL, which at the time was www.goprocamera.com and now has been abbreviated to www.gopro.com. Appx5005-5006 ¶ 10. While such specifics might be desirable, they are unnecessary. A person interested in GoPro products in 2009 could readily have located GoPro’s website on the Internet using Google or any other search engine.
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B. The Distribution of the GoPro Catalog at the Tucker Rocky Dealer Show Made the GoPro Catalog Publicly Accessible and a Printed Publication
Alternatively, the Board also erred by concluding that the distribution of
hundreds of copies of the GoPro Catalog at the Tucker Rocky Dealer Show
attended by over 1,000 people did not make that catalog reasonably accessible.
1. Whether the Tucker Rocky Dealer Show was open to the general public is legally irrelevant
The focus of the Board’s final written decision is on the question of whether
the distribution of the GoPro Catalog at the Tucker Rocky Dealer Show made the
reference a prior art printed publication. The Board concluded that the undisputed
distribution of hundreds of copies of the GoPro Catalog at the trade show was
insufficient to make it a printed publication, in part because GoPro did “not explain
how any member of the general public (as opposed to just Tucker Rocky’s
members) would have known about the show.” Appx55. According to the Board,
it was “significant” that GoPro did not show that the “2009 show was advertised to
the public or even open to the public . . . .” Appx56.
The Board’s imposition of the requirement that the Tucker Rocky Dealer
Show be advertised and accessible to the general public in addition to Tucker
Rocky members is contrary to Federal Circuit precedent. Multiple decisions by
this Court and its predecessors have held that distribution to, and accessibility by,
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an interested subset of the public is sufficient, even in factual circumstances
involving much more limited distribution than in this case.
In Orion IP, sales catalogs were deemed printed publications even though
the undisputed testimony was that the catalogs were only sent to dealers and used
as part of demonstrations by sales personnel to dealers. 605 F.3d at 974-75. The
Federal Circuit concluded that the catalog was a printed publication because “it
was accessible to those interested in the business of auto parts” prior to the critical
date. Id. at 975 (emphasis added). The court made no suggestion that
advertisement to, or accessibility by, the general public (as opposed to just dealers)
was required for the sales catalog to be a printed publication. No such evidence of
advertisement or accessibility was even discussed.
In In re Klopfenstein, the reference at issue was a slide presentation given
orally and displayed at an industry conference and subsequently displayed “for less
than a day at an Agriculture Experiment Station (“AES”) at Kansas State
University.” 380 F.3d at 1347. The Court found that this slide presentation was
sufficiently accessible to constitute a “printed publication” even though there was
no evidence that it was advertised to, or made available to, any members of the
general public rather than just invited attendees at the conference. Id. at 1352.
Similarly, in Massachusetts Institute of Technology v. AB Fortia, 774 F.2d
1104 (Fed. Cir. 1985), a research paper was deemed a printed publication after it
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was orally presented during a conference attended by “50 to 500 cell culturists.”
Id. at 1108. It was then “distributed on request, without any restrictions, to as
many as six persons, more than one year” before the critical date. Id. at 1108-09
(emphasis added). Again, the Federal Circuit made no inquiry into whether the
conference was advertised to or accessible to members of the general public, nor
did it inquire how the six persons that requested the paper became aware of it.
Finally, in Garrett Corp. v. United States, 422 F.2d 874 (Ct. Cl. 1970), this
Court’s predecessor also concluded that a reference was a “printed publication”
despite limited circulation to a subset of the general public. In that case, “about 80
copies” of the reference, which was “unclassified and unrestricted in its use,” were
distributed in Great Britain to “British Government agencies, American
Government personnel in Great Britain, and 6 commercial companies.” Id. at 878.
The Court held that “[w]hile distribution to government agencies and personnel
alone may not constitute publication . . . , distribution to commercial companies
without restriction on use clearly does.” The reference was subsequently made
available in the United States “to government contractors who were advised of its
availability and could obtain copies upon request at no cost.” Id.
In Garrett Corp., actual distribution in Great Britain, coupled with
“availability in the United States to an interested segment of the public show[ed]
intent to make the conten[t]s of the report freely accessible.” Id. The Court
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therefore concluded that the reference was a printed publication and available as
prior art. Id. No suggestion was made that a further showing of advertisement and
availability to the general public was required. See also Jockmus, 28 F.2d at 814
(Hand, J.) (“Schmidt says that perhaps 1,000 [sales catalogs] went out. Far less
would have served; the 50 which was his lower limit were quite enough.”).
Taken together, the facts and holdings in these cases demonstrate that the
Board’s view that evidence of advertising and availability to the general public, in
addition to Tucker Rocky members, is required for the GoPro Catalog to be a
printed publication, is legal error. All that is required is availability to a reasonable
number of members of the interested public, not the public at large. See, e.g.,
Orion IP, 605 F.3d at 975; Garrett Corp., 422 F.2d at 878 (both finding a reference
to be a “printed publication” where it was only shown to be available to certain
members of the interested public).
Here, the undisputed facts show that the GoPro Catalog was available, and
indeed actually distributed hundreds of times, to interested members of the public
that attended the Tucker Rocky Dealer Show. Tucker Rocky is a trade
organization for vendors, dealers, retailers, customers and enthusiasts of action
sports vehicles and apparel, parts, and accessories related to such vehicles,
including “video cameras that are mountable, for example, to a rider’s helmet or
vehicle so as to capture video from the rider’s perspective.” Appx4329 ¶ 4. That
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is a good definition of the public interested in action cameras like GoPro’s HD
Motorsports Hero. Tucker Rocky became a GoPro distributor no later than 2008
and advertised GoPro cameras in Tucker Rocky catalogs at trade shows.
Appx4330 ¶ 6. The 2009 Tucker Rocky Dealer Show, which GoPro attended as a
vendor, was attended by over 1,000 individuals, including hundreds of dealers and
vendors, like GoPro, as well as retailers and customers of video cameras.
Appx4330 ¶¶ 6-7. During the Tucker Rocky Dealer Show, Mr. Jones manned
GoPro’s demonstration booth and handed out hundreds of copies of the GoPro
Catalog, which was also displayed at the booth, all without restriction. Appx4330
¶¶ 8-9. That is more than enough under this Court’s case law.
Further, even if availability to the general public were required, the nature of
GoPro’s distribution of the GoPro Catalog at the Tucker Rocky Dealer Show
makes it likely that members of the general public interested in GoPro’s cameras
did have access to the GoPro Catalog. The purpose of a sales catalog like the
GoPro Catalog is to help explain what the GoPro products are and what
functionality they have, both to dealers and retailers and their potential customers.
The primary purpose of a trade show aimed at product retailers and dealers is to
educate them about products so they can in turn make those products available to
their customers. There is every reason to think the general public had access to the
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GoPro Catalog after the trade show via the hundreds of retailers and dealers who
obtained them. That was, after all, the point of distributing the catalog at the show.
The Board’s strict requirement that members of the general public must have
been aware of the Tucker Rocky Dealer Show and attended it ignores the high
likelihood that at least some of the GoPro Catalogs distributed at the trade show
were subsequently introduced and made available to the general public after the
trade show by the dealers and retailers that received a copy of the GoPro Catalog.
Even if the general public did not attend the Tucker Rocky Dealer Show, they
likely had access to the hundreds of GoPro Catalogs actually distributed at the
trade show. These hundreds of copies were handed out without any restrictions on
subsequent use or copying by the recipients of the catalog and thus reflect an intent
by GoPro to make the contents of the catalog freely accessible to the public. See
Garrett Corp., 422 F.2d at 878 (holding that a British report was a printed
publication where there was “evidence of availability in the United States to an
interested segment of the public [showing an] intent to make the conten[t]s of the
report freely accessible”).
Indeed, were the Board’s view of the law correct, many traditional scientific
journals would not qualify as prior art printed publications. Specialized scientific
journals may cost thousands of dollars and have only a few hundred subscribers.
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The fact that they are not advertised or sold to the public at large, but instead to a
fairly small group of interested people, does not mean they are not publications.
In short, the Board’s opinion that it was “significant” that GoPro did not
demonstrate that the Tucker Rocky Dealer Show was advertised or accessible to
members of the general public is unsupported by the facts and the law. On the
facts, it is likely that members of the general public did have access to the GoPro
Catalog based on the unrestricted distribution of hundreds of copies of it at the
Tucker Rocky Dealer Show. Even if that were not true, the law requires only
disclosure to a certain number of interested members of the public. Here, the facts
that GoPro attended the show, hosted a booth, and distributed hundreds of copies
of the GoPro Catalog all demonstrate that the GoPro Catalog was publicly
accessible to many members of the public interested in action sports vehicle
accessories, like the GoPro cameras and accessories described in the GoPro
Catalog.4
4 During oral argument, the Board itself appeared to recognize that GoPro’s
participation in the Tucker Rocky Dealer Show leads to the common sense conclusion that members of the public interested in GoPro’s products would attend the Tucker Rocky Dealer Show. See Appx1440 at 44:8-18, Appx1441 at 45:4-6. That fact would provide an independent reason to reject the Board’s conclusion.
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2. The law does not require proof that persons of ordinary skill in the art attended the Tucker Rocky Dealer Show for the GoPro Catalog to be a printed publication
The second basis the Board provided for its conclusion that distribution of
the GoPro Catalog at the Tucker Rocky Dealer Show was insufficient to make it a
printed publication, is that GoPro did not demonstrate that persons meeting the
agreed-upon definition of a person of ordinary skill in the art attended the show.
The Board acknowledged that some cases “refer simply to ‘the public interested in
the art,’” but that, in the Board’s view, “the majority of cases define the standard as
accessibility to persons interested and ordinarily skilled in the art.” Appx52
(emphasis added).
The Board’s emphasis on the articulation of the legal standard set forth in
some—but not all—cases ignores the policy behind why a printed publication is a
statutory bar to patentability in the first place and also imposes a legal requirement
on GoPro that is not warranted given the facts of this case. For both these reasons,
the Board’s holding that GoPro was required to prove that persons of ordinary skill
in the art were aware of, and/or attended the 2009 Tucker Rocky Dealer Show,
constitutes legal error and should be reversed.
The Board did not examine or explain why trade shows must be attended by
persons of skill in the art as opposed to interested customers for a reference to be
considered a prior art publication. The policy behind the printed publication bar
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has little to do with whether a reference was available to one of ordinary skill in
the art specifically. Instead, the “bar is grounded on the principle that once an
invention is in the public domain, it is no longer patentable by anyone.” In re Hall,
781 F.2d at 898. As the Court explained in In re Wyer:
[T]he printed publication provision was designed to prevent withdrawal by an inventor, as the subject matter of a patent, of that which was already in possession of the public. Thus, the question to be examined under [section] 102(b) is the accessibility to at least the pertinent part of the public, of a perceptible description of the invention, in whatever form it may have been recorded.
655 F.2d 221, 226 (C.C.P.A. 1981) (emphasis added). As the Board admitted,
many other cases from this Court and its predecessors similarly discuss
accessibility in terms simply of the interested public, not interested and ordinarily
skilled persons. See, e.g., In re Hall, 781 F.2d at 899 (“The proponent of the
publication bar must show that prior to the critical date the reference was
sufficiently accessible, at least to the public interested in the art . . . .”) (emphasis
added); Constant, 848 F.2d at 1568 (“The statutory phrase ‘printed publication’ has
been interpreted to mean that before the critical date the reference must have been
sufficiently accessible to the public interested in the art . . . .”) (emphasis added);
see In re Cronyn, 890 F.2d 1158, 1160 (Fed. Cir. 1989) (quoting Constant v.
Advanced Micro-Devices and holding the same); In re Lister, 583 F.3d 1307, 1311
(Fed. Cir. 2009) (quoting In re Cronyn and holding the same); Cooper Cameron
Corp. v. Kvaerner Oilfield Prods., Inc., 291 F.3d 1317, 1323 (Fed. Cir. 2002)
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43
(reversing summary judgment that certain reports were not printed publications
based on “genuine issue of material fact that the reports were sufficiently available
to the public interested in the art” before the critical date) (emphasis added));
Garrett Corp., 422 F.2d at 878 (finding a report to be a printed publication based
on being available to “an interested segment of the public” before the critical date)
(emphasis added); Orion IP, 605 F.3d at 975 (holding that a sales catalog was prior
art “because it was accessible to those interested in the business of auto parts”
before the critical date) (emphasis added); Iovate Health Scis., Inc. v. Bio-
Engineered Supplements & Nutrition, Inc., 586 F.3d 1376, 1380 (Fed. Cir. 2009)
(finding that an advertisement was a printed publication where it was “published in
Flex magazine and that the magazine was accessible to those interested in the art
of nutritional supplements” prior to the critical date) (emphasis added).
It is irrelevant to this question of accessibility whether the interested persons
are also of ordinary skill in the art. So long as persons interested in the art have
access to the potential prior art without any restrictions, the potential prior art is in
the public domain and should be available as a prior art printed publication barring
patentability if it satisfies the other conditions of Section 102(b). Here, the
attendees of the Tucker Rocky Dealer Show were interested in GoPro’s products.
Were it otherwise, GoPro would not have had a demonstration booth and would
not have distributed hundreds of copies of the GoPro Catalog there. The attendees
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of the Tucker Rocky Dealer Show received the GoPro Catalog without restriction
and were free to further copy it or show it to their customers to explain what GoPro
products were available. Thus, the GoPro Catalog was in the public domain and
accessible to persons interested in the art.
The conclusion that accessibility by persons of ordinary skill in the art is not
required for a reference to be a printed publication is further supported by holdings
in cases considering the other statutory bars to patentability. For example, in
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 855 F.3d 1356, 1371
(Fed. Cir. 2017), this Court concluded that a purchase agreement triggered the on-
sale bar provisions of Section 102(b) and held that “if the existence of the sale is
public, the details of the invention need not be publicly disclosed . . . .” The Court
cited with approval its prior holding that a sale can preclude patentability even
where members of the public are not “aware that the product sold actually
embodies the claimed invention.” Id. at 1370-71.
In Lockwood v. American Airlines, Inc., 107 F.3d 1565 (Fed. Cir. 1997), the
“in public use” statutory bar was considered whether the potentially invalidating
prior art was an airline reservation system called “SABREvision,” or the “SABRE
system.” Id. at 1568. The parties did not dispute that the SABRE system was
introduced to the public prior to the one year critical date. Id. at 1570. The
patentee, argued, however, that because “‘critical aspects’ of the SABRE system
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45
were not accessible to the public, it could not have been prior art.” Id. But this
argument was rejected on the grounds that the public use of the “high-level aspects
of the SABRE system was enough to place the claimed features of the [asserted
patent] in the public’s possession.” Id.
Thus, in both the context of the public use and on-sale statutory bars, public
disclosure of the prior art, not the knowledge of the reader, is the key.
It is true that some of this Court’s cases articulate the relevant audience for
public accessibility as “persons interested and ordinarily skilled in the subject
matter or art,” see, e.g., Blue Calypso, LLC v. Groupon, Inc., 815 F.3d 1331, 1348
(Fed. Cir. 2016) (emphasis added) (quoting Kyocera Wireless Corp. v. Int’l Trade
Comm’n, 545 F.3d 1340, 1350 (Fed. Cir. 2008)). Often that seems simply to be
loose language. In many cases, courts have referred to the target audience as
“persons interested in the art,” but in the same opinion referred to the target
audience as “persons interested in the art and of ordinary skill.” While the phrases
are sometimes used interchangeably, the court’s analysis typically only evaluates
accessibility to interested persons, and does not evaluate whether any such persons
also satisfy the definition of one of ordinary skill in the art, as the Board’s decision
would require.
For example, in Orion IP, a sales catalog shown and distributed by sales
personnel to car dealers was the alleged prior art printed publication. The court
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first stated that “to qualify as a printed publication, the [catalog] promotional
publication must have been disseminated or otherwise made accessible to persons
interested and ordinarily skilled in the subject matter to which the advertisement
relates prior to the critical date.” Id. at 974. Undisputed testimony was provided
from a witness indicating that the catalog was used by salespersons to demonstrate
the products described therein to car dealers and as a “direct mail piece to dealers
to generate interest in the products . . . .” Id. The Court found that this catalog
qualified as prior art because it was “accessible to those interested in the business
of auto parts” prior to the critical date, even though car dealers are not automotive
engineers. Id. at 975.
And in Iovate Health Sciences, this Court considered an advertisement for a
protein supplement in Flex magazine. Again, the standard initially recited was that
the advertisement “must have been disseminated or otherwise made accessible to
persons interested and ordinarily skilled in the subject matter to which the ads
relate prior to the critical date.” 586 F.3d at 1380. But in concluding that the
advertisement was a printed publication, the Court only held that the magazine in
which it was published was “accessible to those interested in the art of nutritional
supplements” prior to the critical date. Id. And bodybuilders—the readers of Flex
magazine—are not nutritionists.
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In both of these cases, while the Court refers to the relevant audience as
having ordinary skill, the critical inquiry was actually whether the publication was
accessible to members of the interested public. Once that was shown, no further
analysis was done. Other Federal Circuit decisions also interchangeably refer to
the relevant audience as persons “interested in the art” or persons “interested in the
art and ordinarily skilled,” but do not actually evaluate whether any persons
matching the definition of one of ordinary skill in the art were in the target
audience. See, e.g., Kyocera Wireless Corp. v. Int’l Trade Comm’n, 545 F.3d
1340, 1350-51 (Fed. Cir. 2008) (referring to “persons interested and ordinarily
skilled in the subject matter or art” as the relevant audience, but holding that a
GSM standard was a printed publication because it was “sufficiently accessible, at
least to the public interested in the art”); Blue Calypso, LLC, 815 F.3d at 1350
(quoting Kyocera and referring to “persons interested and ordinarily skilled in the
subject matter or art” as the relevant audience, but holding that an article was not a
printed publication because there was “no evidence that an interested party” could
locate the reference). Indeed, at oral argument in the IPR proceedings, counsel for
Contour was unable to identify any case in which disclosure of a reference to the
interested public had been shown, but was found not to be a printed publication
based on lack of proof that persons of ordinary skill in the art also had access.
Appx1438-1439 at 42:23-43:1.
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The holding of Orion IP is particularly applicable to this case given the
similar factual circumstances it involved. In that case, a sales catalog was the
potential prior art and it was only distributed to a subset of the general population,
i.e., car dealers. No analysis was conducted on appeal of whether the car dealers
were persons of ordinary skill in the art (or even who that person was), because it
was shown that the persons that received the sales catalog were interested in the
business of auto parts, just like the dealers that received the GoPro Catalog at the
Tucker Rocky Dealer Show were interested in GoPro’s cameras and accessories.
Accordingly, for the same reasons that the sales catalog in Orion IP was found to
be a printed publication, the GoPro Catalog is a printed publication and the
Board’s decision otherwise should be reversed.
To be sure, prior art publications must enable one of skill in the art. See
Constant, 848 F.2d at 1568-69 (holding that to be invalidating, a printed
publication must be “sufficiently accessible to the public interested in the art,” and
“must also be enabling”). And enablement is measured from the perspective of
one of ordinary skill in the art. But there is no reason to measure public
accessibility from the same perspective. In any event, unlike the enablement
requirement 35 U.S.C. § 112(a) imposes on patentees, a prior art reference need
not teach a person of skill in the art to make and use an invention. It is sufficient if
that reference teaches the interested public how to make or use the invention. See
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In re Hafner, 410 F.2d 1403, 1405-06 (C.C.P.A. 1969). Dealers in cameras and
related accessories—the sort of people present at the Tucker Rocky Dealer Show—
would certainly be able to use the GoPro products described in the GoPro Catalog.
Cameras are made to be used by the general public, not just by camera designers.
Notably, neither Contour IP nor the Board suggested that the GoPro Catalog was
not enabling, and Contour IP has accordingly waived any such argument. See
Singleton v. Wulff, 428 U.S. 106, 120 (1976) (“It is the general rule, of course, that
a federal appellate court does not consider an issue not passed upon below.”).
The few cases that do discuss the expertise of the target audience explicitly
do so where the publication is distributed in an extremely limited fashion, if at all.
In these instances, the publication itself will never be shared with the public, and
the expertise of the target audience is relevant to the question of whether they have
sufficient skill to remember what was disclosed and carry that knowledge back to
the public at large.
In re Klopfenstein is explicit on this point. There, the prior art reference was
a slide presentation that was displayed and presented at an industry meeting and
then presented at a subsequent meeting, but no copies were distributed, nor was
there any evidence that photographs of the slides had been taken. 380 F.3d at
1347. Given that the reference “was never distributed to the public and was never
indexed,” the Court held that it “must consider several factors relevant to the facts
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of this case before determining whether or not it was sufficiently publicly
accessible in order to be considered a ‘printed publication’ under § 102(b).” Id. at
1350. Among the relevant factors in these circumstances was “the expertise of the
target audience,” because this can help “determine how easily those who viewed
[the slide presentation] could retain the displayed material.” Id. at 1350-51. The
Court recognized that a reference, “‘however ephemeral its existence,’ may be a
‘printed publication’ if it ‘goes direct to those whose interests make them likely to
observe and remember whatever it may contain that is new and useful.’” Id. at
1351 (quoting Jockmus v. Leviton, 28 F.2d 812, 813-14 (2d Cir. 1928)).
The intended target audience of the slide presentation at the industry meeting
was “cereal chemists and others having ordinary skill in the art” and the “intended
viewers” at the second meeting “most likely also possessed ordinary skill in the
art.” Id. Notably, however, the Court did not impose a requirement, as the Board
did here, that persons of ordinary skill in the art must have access to the
publication for it to be considered a printed publication. Instead, the Klopfenstein
court relied on persons of ordinary skill in the art as a proxy for persons having
interests making them likely to observe and remember the contentions of the slide
presentation.
Here, the GoPro Catalog was undisputedly distributed to hundreds of
attendees of the Tucker Rocky Dealer Show interested in the point-of-view action
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cameras and accessories like those described in the GoPro Catalog. These
interested persons, many of whom were dealers, would remember the products and
product features described in the GoPro Catalog because they were interested in
buying these products and selling them to customers. Given that the GoPro
Catalog was distributed in hard copy form, they could also share the contents of the
catalog with customers or technical colleagues, including persons of ordinary skill
in the art. These dealers did not need to understand or memorize anything in order
to take the information with them after the trade show. They could take the GoPro
Catalog with them directly. Thus, there is no need to evaluate whether the
interested persons that received the GoPro Catalog were also of ordinary skill in
the art. Regardless of whether they would remember it based on the display at the
GoPro booth, hundreds of these interested persons received a copy of the GoPro
Catalog without any confidentiality restrictions, reflecting GoPro’s intent and
indeed hope that it would be widely redistributed. The recipients of the hundreds
of GoPro Catalogs distributed at the Tucker Rocky Dealer Show were free to
further copy and distribute the GoPro Catalog to any member of the general public,
including persons satisfying the definition of persons of ordinary skill in the art.
Proof of actual distribution or dissemination to such persons is not required:
Accessibility goes to the issue of whether interested members of the relevant public could obtain the information if they wanted to. If accessibility is proved, there is no requirement to show that particular members of the public actually received the information.
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Constant, 848 F.2d at 1569 (emphasis added).
CONCLUSION
This Court should hold that the GoPro Catalog was a printed publication that
qualifies as prior art and remand for determination of whether the claims of the
patents at issue are obvious in view of that prior art.
Dated: July 28, 2017
By:
Respectfully submitted, DURIE TANGRI LLP
/s/ Mark A. Lemley
Attorneys for Appellant GoPro, Inc.
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ADDENDUM
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ADDENDUM TABLE OF CONTENTS
1
Docket Entry Description Page
54 Final Written Decision in IPR2015-01078 Appx1
55 Final Written Decision in IPR2015-01080 Appx33
59 Decision – Petitioner’s Request for Rehearing in IPR2015-01078
Appx64
60 Decision – Petitioner’s Request for Rehearing in IPR2015-01080
Appx75
NA U.S. Patent No. 8,890,954 (issued Nov. 18, 2014) Appx92
NA U.S. Patent No. 8,896,694 (issued Nov. 25, 2014) Appx148
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[email protected] 571-272-7822
Paper 54 Entered: October 26, 2016
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
GOPRO, INC., Petitioner,
v.
CONTOUR IP HOLDING LLC, Patent Owner.
Case IPR2015-01078 Patent 8,896,694 B2
Before illSTIN T. ARBES, MICHAEL J. FITZPATRICK, and NEll.- T. POWELL, Administrative Patent Judges.
ARBES, Administrative Patent Judge.
FINAL WRITTEN DECISION 35 U.S.C. § 318(a)
Appxl
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IPR2015-01078 Patent 8,896,694 B2
I. BACKGROUND
Petitioner Go Pro, Inc. filed a Petition (Paper 1, "Pet.") seeking inter
partes review of claims 1-20 of U.S. Patent No. 8,896,694 B2 (Ex. 1002,
"the '694 patent") pursuant to 35 U.S.C. §§ 311-319. On October 28,2015,
we instituted an inter partes review of claims 1-20 on two grounds of
unpatentability (Paper 8, "Dec. on Inst."). Patent Owner Contour IP Holding
LLC 1 filed a Patent Owner Response (Paper 30, "PO Resp."), and Petitioner
filed a Reply (Paper 38, "Reply"). Petitioner filed a Motion to Exclude
(Paper 42, "Pet. Mot.") certain evidence submitted by Patent Owner. Patent
Owner filed an Opposition (Paper 47, "PO Mot. Opp.") and Petitioner filed a
Reply (Paper 50, "Pet. Mot. Reply"). Patent Owner filed a Motion to
Exclude (Paper 44, "PO Mot.") certain evidence submitted by Petitioner.
Petitioner filed an Opposition (Paper 48, "Pet. Mot. Opp.") and Patent
Owner filed a Reply (Paper 49, "PO Mot. Reply"). A combined oral hearing
with Case IPR2015-010802 was held on June 22,2016, and a transcript of
the hearing is included in the record (Paper 53, "Tr.").
We have jurisdiction under 35 U.S.C. § 6. This final written decision
is issued pursuant to 35 U.S.C. § 318(a). For the reasons that follow, we
determine that Petitioner has not shown by a preponderance of the evidence
that claims 1-20 are unpatentable.
1 The original Patent Owner was Contour, LLC. Paper 5. During trial, Patent Owner filed a notice indicating that ownership of the challenged patent was transferred from Contour, LLC to Contour IP Holding LLC. See Papers 19, 28. 2 The '694 patent is a continuation of U.S. Patent No. 8,890,954 B2 (Ex. 1001), which is being challenged in Case IPR2015-01080.
2
Appx2
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IPR2015-01078 Patent 8,896,694 B2
A. The '694 Patent
The '694 patent describes an "integrated hands-free, [point-of-view
(POV)] action sports video camera or camcorder that is configured for
remote image acquisition control and viewing." Ex. 1002, col. 1, 11. 16-19.
According to the '694 patent, "integrated hands-free, POV action sports
video cameras" available at the time of the invention were "still in their
infancy and may be difficult to use." ld. at col. 1, 11 . 46-51 , Figs. 2A, 2B.
The disclosed device uses global positioning system (GPS) technology to
track its location during recording and a wireless connection protocol, such
as Bluetooth, to "provide control signals or stream data to [the] wearable
video camera and to access i1nage content stored on or streamjng from [the]
wearable video camera." ld. at col. 1, 11. 55-64, col. 16, 11. 52- 62.
Figure 3A of the '694 patent is reproduced below.
80 /
10
,-52
26
FIG. 3A
106
As shown in Figure 3A, digital video camera 10 comprises camera
housing 22, rotatable lens 26, image sensor 18 (not shown), such as a
complementary metal-oxide semiconductor (CMOS) image capture card,
microphone 90, and slidable switch activator 80, which can be moved to on
and off positions to control recording and the storage of video. ld. at col. 5,
3
Appx3
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IPR2015-01078 Patent 8,896,694 B2
ll. 41-64, col. 8, 1. 66-col. 9, 1. 52. "When recording video or taking
photographs in a sports application, digital video camera 10 is often
mounted in a location that does not permit the user to easily see the camera."
Id. at col. 19, ll. 37-39. Digital video camera 10, therefore, includes
wireless communication capability to allow another device, such as a
smartphone or tablet computer executing application software, to control
camera settings in real time, access video stored on the camera, and act as a
"viewfinder" to "preview what digital video camera 10 sees" and allow the
user to check alignment, light level, etc. Id. at col. 19, 1. 40-col. 20, 1. 49.
B. Illustrative Claim
Claim 1 of the '694 patent recites:
1. A point of view digital video camera system, compnsmg:
an integrated hands-free portable viewfinderless video camera, the video camera including a lens and an image sensor, the image sensor capturing light propagating through the lens and representing a scene to be recorded, and the image sensor producing real time video image data of the scene without displaying the scene to a user of the video camera, wherein the real time video image data of the scene relates to an activity in which the user of the video camera is about to engage, the video camera compnsmg:
a camera processor for receiving the video image data directly or indirectly from the image sensor, and
a wireless connection protocol device operatively connected to the camera processor to send real time video image content by wireless transmission directly to and receive control signals or data signals by wireless transmission directly from a wireless connection-enabled controller, wherein
4
Appx4
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the camera processor is configured to:
generate the video image content simultaneously at a first resolution and at a second resolution, the video image content at the first resolution and the second resolution corresponding to the video image data representing the scene to be recorded, wherein the first resolution is lower than the second resolution,
stream the real time video image content at the first resolution using the wireless connection protocol device to the wireless connection-enabled controller without displaying the video image content at the video camera,
receive the control signals for adjusting image capture settings of the video camera,
adjust the image capture settings of the video camera prior to recording the scene, and
in response to a record command, cause the video image content at the second resolution to be stored at the video camera;
a mounting interface coupled to the video camera;
a mount configured to be mounted to the body, a garment, or a vehicle of the user of the video camera, the mount configured to receive the mounting interface for rotatably mounting the camera on the body, the garment, or the vehicle of the user of the video camera, the mounting interface and the mount further configured for manual adjustment of the video camera with respect to the user of the video camera; and
the wireless connection-enabled controller for controlling the video camera, the controller comprising executable instructions for execution on a personal portable computing device operable by a user of the personal portable computing device, wherein when executed, the executable instructions cause the personal portable computing device to:
receive video image content at the first resolution directly from the video camera,
5
Appx5
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display the video image content at the first resolution on a display of the portable computing device for adjustment of the image capture settings prior to the user of the video camera recording the activity, the video image content at the first resolution comprising a preview image of the scene which is not recorded on the camera or the personal portable computing device, the preview image allowing the user of the video camera to manually adjust an angle of the video camera with respect to the user of the video camera, and
generate the control signals to the wireless connection protocol device on the video camera to allow the user of the personal portable computing device to remotely adjust the image capture settings prior to the video camera recording the activity, wherein the control signals comprise at least one of frame alignment, multi-camera synchronization, remote file access, data acquisition, and resolution setting adjustment and at least one of lighting setting adjustment, audio setting adjustment, and color setting adjustment.
C. Prior Art
The pending grounds of unpatentability in the instant inter partes
review are based on the following prior art:
U.S. Patent No. 7,362,352 B2, issued Apr. 22, 2008 (Ex. 1013, "Ueyama");
U.S. Patent Application Publication No. 2010/0118158 AI, published May 13, 2010 (Ex. 1010, "Boland"); and
GoPro Sales Catalog (Ex. 1011, "GoPro Catalog"). 3
3 When citing the GoPro Catalog, we refer to the page numbers at the bottom-right comer of each page. See 37 C.P.R. § 42.63(d)(2).
6
Appx6
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D. Pending Grounds of Unpatentability
The instant inter partes review involves the following grounds of
unpatentability:
References Basis Claims
Boland and GoPro 35 U.S.C. § 103(a)4 1- 13, 15, 16, and Catalog 18-20
Boland, GoPro Catalog, 35 U.S.C. § 103(a) 14 and 17 and Ueyama
II. ANALYSIS
A. Motions to Exclude
Before turning to the merits of Petitioner' s asserted grounds of
unpatentability, we resolve certain aspects of the parties' motions to exclude.
The party moving to exclude evidence bears the burden of proof to establish
that it is entitled to the relief requested- namely, that the material sought to
be excluded is inadmissible under the Federal Rules of Evidence. See
37 C.F .R . §§ 42 .20(c), 42.62(a).
1. Petitioner's Motion to Exclude
a. Exhibits 2001 and 2002
Petitioner moves to exclude printouts of two web pages: a March 3,
2009 archived copy of the Tucker Rocky Distributing ("Tucker Rocky")
website from the Internet Archive Wayback Machine (Exhibit 2001) and a
4 The Leahy-Smith America Invents Act, Pub. L. No. 112-29, 125 Stat. 284 (2011 ) ("AlA"), amended 35 U.S.C. §§ 102 and 103. Because the '694 patent has an effective filing date before the effective date of the applicable AlA amendments, we refer to the pre-AlA versions of35 U.S.C. §§ 102 and 103.
7
Appx7
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Facebook web page for the 2013 Tucker Rocky Dealer Show (Exhibit 2002).
Pet. Mot. 2-4. Petitioner argues that the printouts are inadmissible as
unauthenticated under Federal Rule of Evidence 901 and as hearsay under
Federal Rule of Evidence 802. Id. Patent Owner argues that Petitioner
waived its objection to these exhibits by failing to object timely. PO Mot.
Opp. 1-2. We agree with Patent Owner.
A party challenging the admissibility of evidence "must object timely
to the evidence." Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
48,767 (Aug. 14, 2012). A preliminary proceeding "begins with the filing of
a petition for instituting a trial and ends with a written decision as to whether
a trial will be instituted." 37 C.P.R. § 42.2. "Any objection to evidence
submitted during a preliminary proceeding must be filed within ten business
days of the institution of the trial." 37 C.P.R.§ 42.64(b)(1). Doing so
allows the party that originally submitted the evidence to attempt to cure the
objection by serving supplemental evidence. 37 C.P.R. § 42.64(b)(2). If the
submitting party does not serve supplemental evidence, or if the
supplemental evidence does not cure the objection, "[a] motion to exclude
evidence must be filed to preserve [the] objection. The motion must identify
the objections in the record in order and must explain the objections."
37 C.P.R.§ 42.64(c).
Patent Owner submitted Exhibits 2001 and 2002 with its Preliminary
Response on July 30, 2015, prior to our Decision on Institution on October
28, 2015. Therefore, Petitioner was required to object to the evidence within
ten business days of institution. Petitioner, however, did not object until
January 26, 2016, and thus waived any objection to Exhibits 2001 and 2002.
See Pet. Mot. 1; Paper 31 ("Petitioner GoPro Inc.'s First Set of Objections to
8
Appx8
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Patent Owner's Exhibits" (emphasis added)). Petitioner argues that its
objections were timely because Petitioner filed them within five business
days of Patent Owner filing its Response and a declaration from Michael P.
Duffey (Exhibit 2012) purportedly authenticating the two web page
printouts. Pet. Mot. Reply 2. Petitioner, however, is not moving to exclude
Exhibit 2012, in which case an objection to the exhibit filed within five
business days of its service would have been timely. 5 Rather, Petitioner is
moving to exclude Exhibits 2001 and 2002, which were submitted during
the "preliminary proceeding." Pursuant to 37 C.P.R.§ 42.64(b)(1), any
objection was due within ten business days of institution, and Petitioner
failed to meet that requirement. Petitioner's Motion to Exclude is denied as
to Exhibits 2001 and 2002.
b. Exhibits 1036 and 2004-2011
Petitioner also moves to exclude certain materials (Exhibits
2005-2011) pertaining to Patent Owner's arguments regarding secondary
considerations of non-obviousness, as well as the testimony (Exhibits 1036
and 2004) of Patent Owner's declarant, Brent E. Nelson, Ph.D., regarding
whether the asserted references render obvious the challenged claims.
Pet. Mot. 2-15. As explained below, we need not reach these issues because
Petitioner has not proven that the GoPro Catalog is a prior art printed
publication. See infra Section II.B. Therefore, Petitioner's Motion to
Exclude is dismissed as moot as to Exhibits 1036 and 2004-2011.
5 For evidence served after institution, "any objection must be filed within five business days of service of [the] evidence." 37 C.F .R. § 42.64(b )(1 ).
9
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2. Patent Owner's Motion to Exclude
a. Exhibit 1011
Patent Owner moves to exclude the Go Pro Catalog (Exhibit 1011) as
unauthenticated under Federal Rule of Evidence 901. PO Mot. 3-8. The
GoPro Catalog is a product catalog for Petitioner's HD Motorsports HERO
camera. Ex. 1011, 2. As we discuss in greater detail below, Petitioner
provides testimony from Damon Jones, a Senior Product Manager employed
by Petitioner, to support its arguments regarding the GoPro Catalog. See
infra Section II.B; Ex. 1012 ,-r 1. Mr. Jones states, among other things, that
he attended and distributed copies of the Go Pro Catalog at the Tucker Rocky
Dealer Show on July 23-27,2009 in Fort Worth, Texas. Ex. 1012 ,-r,-r 5, 8.
Patent Owner argues that Petitioner has not proven that the version of
the Go Pro Catalog provided as Exhibit 1011 is "the same catalog that was
purportedly distributed at the Dealer Show in July 2009, or even that the
GoPro Catalog had been printed at that time." PO Mot. 4. According to
Patent Owner, Mr. Jones's testimony is conclusory and does not explain how
or why Mr. Jones knows the GoPro Catalog is what he claims it to be, i.e., a
copy of the catalog that he distributed at the Tucker Rocky Dealer Show. I d.
at 4-7. Patent Owner contends that "Mr. Jones does not identify any
markings or indicators on the GoPro Catalog that inform him that it is the
same catalog he claims to have distributed," and "does not say how he is
capable of determining with any certainty that the GoPro Catalog is the same
version, printing, or content as the catalog he claims to have distributed." Id.
at 5-6.
We are not persuaded that Exhibit 1011 should be excluded for two
reasons. First, Patent Owner withdrew its objection, as Petitioner argues.
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See Pet. Mot. Opp. 4-5. Patent Owner timely objected to Exhibit 1011
within ten business days of institution. See Paper 14,2-3. Petitioner later
filed, pursuant to our authorization, a motion to submit a supplemental
declaration from Mr. Jones as supplemental information under 37 C.P.R.
§ 42.123(a). Paper 20. Patent Owner then filed objections to the
supplemental declaration, stating that
the Jones Supplemental Declaration cannot resolve Patent Owner's objections stated in Patent Owner Contour LLC's First Set of Objections to Petitioner's Exhibits. However, to the extent the Board overlooks the untimeliness of Petitioner's evidence and allows Petitioner's evidence to be part of the record, the Jones Supplemental Declaration resolves the objections presented in Patent Owner Contour LLC 's First Set of Objections to Petitioner's Exhibits.
Paper 22, 3 (emphasis added). We allowed Mr. Jones's supplemental
declaration "to be part of the record" when we granted Petitioner's motion to
submit it as supplemental information. See Paper 28. We also now deny
Patent Owner's Motion to Exclude the supplemental declaration, for the
reasons explained below. See infra Section II.A.2.b. Thus, by Patent
Owner's own statement (reproduced above), Mr. Jones's supplemental
declaration "resolves" Patent Owner's objection to the admissibility of
Exhibit 1011.
Second, even if Patent Owner had not withdrawn its objection, Patent
Owner's arguments regarding admissibility still would not be persuasive.
"To satisfy the requirement of authenticating or identifying an item of
evidence, the proponent must produce evidence sufficient to support a
finding that the item is what the proponent claims it is." Fed. R. Evid.
901(a). "Testimony that an item is what it is claimed to be" may be used to
satisfy the authentication requirement. Fed. R. Evid. 901(b)(1).
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Mr. Jones's testimony is sufficient to establish that Exhibit 1011 is
what he claims it to be, i.e., a copy of the catalog that he distributed at the
Tucker Rocky Dealer Show. Mr. Jones testifies in his original declaration
that Petitioner "distributed hundreds of copies" of the Go Pro Catalog at the
Tucker Rocky Dealer Show, and that Exhibit 1011 "is a true and correct
copy of the GoPro Catalog that was distributed" there. Ex. 1012 ~~ 8, 10. In
his supplemental declaration, Mr. Jones testifies that Nicholas Woodman,
Petitioner's founder and Chief Executive Officer, sent him an email
(Exhibit 1023) on July 20, 2009, with the subject "Shipping for DAMON"
and stating that "KINK OS is FEDEXING your HD Moto HERO Catalogs to
you on TUES for arrival on WED." Ex. 1022 ~ 5. Mr. Jones states that he
received catalogs at his hotel in Fort Worth, Texas and brought them to the
Tucker Rocky Dealer Show. Id. ~ 6. Importantly, Mr. Jones also testifies
that (1) he is familiar with Petitioner's marketing materials as a result of his
employment with Petitioner since 2008; (2) he recognizes the catalog, which
states that "[t]the HD Motorsports HERO is available Fall '09," as
pertaining to Petitioner's HD Motorsports HERO camera launched in the fall
of 2009; (3) he "recognize[ s ]"Exhibit 1011 as a copy of the catalog that he
brought to the Tucker Rocky Dealer Show; and ( 4) the copy of the catalog
provided as Exhibit 1011 "was taken from the inventory of these catalogs
that [Petitioner] maintained and distributed in the ordinary course of
business." See id. ~~ 7-10; Ex. 1012 ~~ 1-2 (listing Mr. Jones's
employment positions with Petitioner); Ex. 1011, 7.
Thus, Mr. Jones has personal knowledge of what catalog he brought
to the Tucker Rocky Dealer Show, and a basis on which to recognize Exhibit
1011 as that catalog due to his employment with Petitioner and familiarity
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with Petitioner's products and marketing practices. His testimony also is
consistent with the content of Exhibit 1011 itself, which describes the "HD
Motorsports HERO" product. Given Mr. Jones's personal involvement in
receiving and using the GoPro Catalog, we are not persuaded that he was
required to provide additional detail as to precisely how he recognizes
Exhibit 1011 as the particular catalog from the Tucker Rocky Dealer Show,
as Patent Owner contends. See PO Mot. 4-7. Nor are we persuaded that he
needed to identify particular "markings or indicators" on the document as
the basis for that recognition. See id. at 6. "[D]istinctive characteristics" of
an item may provide a basis for admissibility under Rule 901 (b)( 4 ), but we
are persuaded that Exhibit 1011 is admissible under at least Rule 901 (b )(1)
based on Mr. Jones's testimony that Exhibit 1011 is what he claims it to be.
Finally, the cases relied on by Patent Owner are distinguishable from the
present facts, for all of the reasons stated by Petitioner. See id. at 3-4, 7;
Pet. Mot. Opp. 8-9. Patent Owner's Motion to Exclude is denied as to
Exhibit 1011.6
b. Exhibits 1022 and 1023
Patent Owner moves to exclude Mr. Jones's supplemental declaration
(Exhibit 1022) and the email from Mr. Woodman (Exhibit 1023) as
containing inadmissible hearsay under Federal Rule of Evidence 802 and as
untimely. PO Mot. 8-11. First, Patent Owner argues that Mr. Woodman's
email and paragraph 5 of the supplemental declaration quoting it contain
6 Although we deem the GoPro Catalog admissible based on Mr. Jones's testimony, the question of whether his testimony is sufficient to prove that the GoPro Catalog is a prior art printed publication is a separate issue, which we address below. See infra Section II.B.5.
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out-of-court statements offered for the truth of the matter asserted-namely,
"that, on or around July 20, 2009, Mr. Woodman intended to and, in fact,
sent Mr. Jones copies of the GoPro Catalog for distribution at the Dealer
Show." Id. at 8-10. We are not persuaded. As Petitioner points out, the
disputed statements are not offered to prove the truth of whether
Mr. Woodman in fact sent catalogs by FedEx to Mr. Jones, but rather that
"Mr. Jones was informed that catalogs were being sent to him," which
supports Mr. Jones's testimony authenticating Exhibit 1011. Pet. Mot. Opp.
10-11; see Fed. R. Evid. 801 Advisory Comm. Notes ("If the significance of
an offered statement lies solely in the fact that it was made, no issue is raised
as to the truth of anything asserted, and the statement is not hearsay.").
Thus, we are not persuaded that the statements constitute inadmissible
hearsay under Rule 802.7
Second, Patent Owner argues that the supplemental declaration and
email are untimely under 37 C.P.R.§ 42.23(b), which provides that "[a]
reply may only respond to arguments raised in the corresponding opposition,
patent owner preliminary response, or patent owner response." PO Mot.
10-11. Patent Owner contends that Petitioner should have submitted the
testimony in the supplemental declaration with its Petition. Id. We are not
persuaded. A motion to exclude ordinarily is not the proper mechanism for
raising the issue of whether a reply or reply evidence is beyond the proper
scope permitted under the rules, as a motion to exclude is for challenging the
"admissibility of evidence" under the Federal Rules of Evidence. See
7 Even if the disputed statements were inadmissible, our conclusions herein, including the determination that Exhibit 1011 is authentic, would be the same. See supra Section II.A.2.a.
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37 C.P.R. §§ 42.62, 42.64; Office Patent Trial Practice Guide, 77 Fed. Reg.
at 48,758, 48,767. Regardless, though, the supplemental declaration and
email were filed timely. Petitioner submitted the supplemental declaration
and email as supplemental information pursuant to our Decision granting
Petitioner's corresponding motion, which was prior to Patent Owner filing
its Response. See Paper 28. They were not submitted with Petitioner's
Reply. Patent Owner had the opportunity to cross-examine Mr. Jones
regarding his declarations and the email and respond substantively in its
Response, and Petitioner had the opportunity to respond to Patent Owner's
arguments in its Reply. Patent Owner's Motion to Exclude is denied as to
Exhibits 1022 and 1023.
c. Exhibit 1037
Patent Owner also moves to exclude the cross-examination testimony
(Exhibit 1037) of its declarant, Richard Mander, Ph.D., regarding secondary
considerations of non-obviousness. PO Mot. 11-15. We need not reach the
issue of secondary considerations of non-obviousness, see infra Section II.B,
and dismiss Patent Owner's Motion to Exclude as moot as to Exhibit 1037.
B. Petitioner's Asserted Grounds of Unpatentability
Petitioner argues that claims 1-13, 15, 16, and 18-20 are unpatentable
over Boland and the GoPro Catalog under 35 U.S. C. § 103(a), and that
claims 14 and 17 are unpatentable over Boland, the GoPro Catalog, and
Ueyama under 35 U.S. C. § 103(a), relying on the supporting testimony of
Kendyl A. Roman. Pet. 25-56 (citing Ex. 1007). We have reviewed the
Petition, Patent Owner Response, and Reply, as well as the evidence
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discussed in each of those papers, and are not persuaded, by a preponderance
of the evidence, that the challenged claims are unpatentable. based on the
asserted grounds.
1. Boland
Boland describes a "video recording camera system configured to
record video from a user's perspective," comprising a headset positioned on
the wearer ' s ear and a wireless handset. Ex. 1010 ,-r,-r 6, 30, Fig. 1. Figure
2A of Boland is reproduced below.
HEADSET .1M
~lnputA~SognaJ._,-----------,
Input Image Signal(s) ----1
z.a.a
1-+---- Video Data
Output Audio Signal llZ
EARPIECE AUDIO
SPEAKER :tali
.------Video Oala .ull l lli r=~~~·~~
ICH~RI. f--1 ------
FIG. 2A
CoiMI. ChoMel ~
.----- ----t I I I WIRELESS I
: COMM. : I HANDSET I
: 2lU : • __________ _!
Figure 2A depicts headset 100 comprising lens 105, image sensor(s) 205,
multimedia processor 210, storage medium 228, and radio 240, which
commtmicates with wireless commtmication handset 201 over
conuntmication channel202 (e.g., Bluetooth). ld. ,-r,-r 32-35. Handset 201
includes "view screen 303 ... to serve as a viewfinder for the headset 100
and ... further provide for previewing of video recorded by the
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headset 100," and video control soft keys 307 to allow the user to control the
operation of headset 100. !d. ,-r,-r 46, 58, 61, 63, Fig. 3A. Video data is
stored and overwritten, in a first in-first out manner, in non-volatile recorded
video data buffer 229 of storage medium 228 for "continuous video
recording," and the user may save particular video portions as clip files 231.
!d. ,-r,-r 35, 40-42, 48.
2. GoPro Catalog
The GoPro Catalog is a product catalog for Petitioner's
"HD Motorsports HERO" product. Ex. 1011, 2-3 . It describes a "1080p
[high-definition (HD)] wearable camera" and "optional wireless remote with
an omni-directional range of 30 feet." !d. at 3, 6. The images shown on
pages 2 and 15 of the catalog are reproduced below.
The images above depict the camera attached to a user's helmet, and the
wireless remote control, which the GoPro Catalog describes as follows:
"With a 30' I 10m range and the ability to wirelessly transmit a preview
image of your photo or video before you start recording, the wireless remote
opens up a world of filming opportunities and convenience." !d. at 15.
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3. Ueyama
Ueyama describes an "image capturing apparatus which can be
remotely operated and is able to transmit captured image data to [an]
operation terminal." Ex. 1013, col. 3, 1. 67-col. 4, 1. 4. The operation
terminal receives streamed image data over a wireless connection, such as
Bluetooth, at a particular frame rate and can act as a "view finder" by
displaying the images on a monitor. Id. at col. 4, ll. 13-18,24-30. The
image capturing apparatus 'judges" the speed of the connection and
"decreas[ es] the resolution" of images when the speed is low. I d. at
Abstract, col. 1 0, ll. 4-14.
4. Level of Ordinary Skill in the Art
Section 103(a) forbids issuance of a patent when "the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains."
KSR Int'l Co. v. Telejlex Inc., 550 U.S. 398,406 (2007) (quoting 35 U.S.C.
§ 103(a)). In the Decision on Institution, we preliminarily determined that a
person of ordinary skill in the art would have had at least a bachelor's degree
in computer science, electrical engineering, or a similar discipline, and some
experience creating, programming, or working with digital video cameras,
such as POV action sports video cameras. Dec. on Inst. 12. The parties
agree with this assessment. See PO Resp. 11; Tr. 30:8-11. Based on our
review of the '694 patent, the types of problems and solutions described in
the '694 patent and cited prior art, and the testimony of the parties'
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declarants, we maintain our preliminary determination and apply that level
of ordinary skill in the art for purposes of this Decision.
5. Whether Petitioner Has Proven That The GoPro Catalog Is Prior Art
Before reaching the merits of Petitioner's obviousness grounds, both
of which are based on combinations of the Go Pro Catalog with other
asserted prior art, we must determine whether the GoPro Catalog is a prior
art printed publication under 35 U.S.C. § 102(b ). See Pet. 24. It is
Petitioner's burden to prove that it is, as Petitioner bears the burden of
proving unpatentability by a preponderance of the evidence. See 35 U.S.C.
§ 316(e); Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1363 (Fed. Cir.
20 16) ("In an [inter partes review], the petitioner has the burden from the
onset to show with particularity why the patent it challenges is
unpatentable."); In re Wyer, 655 F.2d 221, 227 (CCPA 1981) (a party
asserting a reference as a prior art printed publication "should produce
sufficient proof of its dissemination or that it has otherwise been available
and accessible to persons concerned with the art to which the document
relates").
We first resolve the legal standard to be applied, which the parties
dispute. The determination of whether a document is a "printed publication"
under 35 U.S.C. § 102 "involves a case-by-case inquiry into the facts and
circumstances surrounding the reference's disclosure to members of the
public." In re Klopfenstein, 380 F.3d 1345, 1350 (Fed. Cir. 2004).
"Because there are many ways in which a reference may be disseminated to
the interested public, 'public accessibility' has been called the touchstone in
determining whether a reference constitutes a 'printed publication' bar under
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35 U.S.C. § 102(b)." Blue Calypso, LLC v. Groupon, Inc., 815 F.3d 1331,
1348 (Fed. Cir. 2016) (citing In re Hall, 781 F.2d 897, 898-99 (Fed. Cir.
1986)). Petitioner argues that the standard to be applied to the GoPro
Catalog is whether it was "sufficiently accessible to the public interested in
the art." Reply 2 (citing In re Cronyn, 890 F.2d 1158, 1160 (Fed. Cir.
1989)). According to Petitioner, there are two different standards depending
on the factual circumstances of the case: for "catalog" cases, like a thesis
stored at a university, the standard is accessibility to persons interested and
ordinarily skilled in the art, but for "dissemination [cases], like at a trade
show," the standard is only accessibility to the interested public. Tr. 28:13-
29:17, 31:16-33:11. Patent Owner disagrees, arguing that a "reference is
'publicly accessible' upon a satisfactory showing that such document has
been disseminated or otherwise made available to the extent that persons
interested and ordinarily skilled in the subject matter or art exercising
reasonable diligence, can locate it." PO Resp. 5-6 (citing Suffolk Techs.,
LLC v. AOL Inc., 752 F.3d 1358, 1364 (Fed. Cir. 2014)). Patent Owner
asserts that the standard is the same regardless of whether accessibility is
being shown via cataloguing or dissemination. Tr. 40:14-42:13.
We agree with Patent Owner. Although some cases, such as Cronyn,
refer simply to "the public interested in the art," the majority of cases define
the standard as accessibility to persons interested and ordinarily skilled in
the art. Numerous cases pertaining to dissemination of a reference have
applied that standard. For example, in Massachusetts Inst. of Tech. v. AB
Fortia, 774 F.2d 1104, 1108-1109 (Fed. Cir. 1985), the Court found that a
paper delivered orally at a cell culture conference was a prior art printed
publication because "between 50 and 500 persons interested and of ordinary
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skill in the subject matter were actually told of the existence of the paper and
informed of its contents by the oral presentation, and the document itself was
actually disseminated without restriction to at least six persons." Likewise,
in Klopfenstein, 380 F.3d at 1350-52, the Court found that a reference
displayed at two industry association meetings was a prior art printed
publication because it "was shown to a wide variety of viewers, a large
subsection of whom possessed ordinary skill in the art of cereal chemistry
and agriculture," specifically noting that "the intended target audience at the
[first] meeting was comprised of cereal chemists and others having ordinary
skill in the art," and "[t]he intended viewers at the [second meeting] most
likely also possessed ordinary skill in the art." In Suffolk, 752 F.3d at 1364-
65, the Court found that a newsgroup post "was sufficiently disseminated to
those of ordinary skill in the art to be considered publically accessible"
because, among other reasons, "those of ordinary skill in the art actually
were using [the] newsgroups." See also Medtronic, Inc. v. Barry, Case
IPR2015-00780, at 9-13 (PTAB Sept. 7, 2016) (Paper 51) (determining that
a video and set of slides were not prior art printed publications by virtue of
their availability at certain programs because the attendees were invited
experts voted into membership, not persons of "ordinary" skill in the art).
Accordingly, we apply the following standard, recently enunciated by
the Federal Circuit, for determining whether the Go Pro Catalog is a prior art
printed publication: "A reference will be considered publicly accessible if it
was 'disseminated or otherwise made available to the extent that persons
interested and ordinarily skilled in the subject matter or art exercising
reasonable diligence, can locate it."' Blue Calypso, 815 F .3d at 1348 (citing
Kyocera Wireless Corp. v. fTC, 545 F.3d 1340, 1350 (Fed. Cir. 2008)).
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Turning to the sufficiency of Petitioner's showing of public
accessibility, we now consider Petitioner's argument that the GoPro Catalog
is a prior art printed publication because it was "distributed publicly at least
as early as July 2009, when [Petitioner] attended the 2009 Tucker Rocky
Dealer Show and handed the GoPro Catalog to potential customers," citing
Mr. Jones's original declaration as support. 8 Pet. 24 (citing Ex. 1012
,-r,-r 4-11 ). Mr. Jones testifies that as part of his employment with Petitioner,
he "participate[s] in and [is] otherwise familiar with various trade
organizations relevant to [Petitioner's] business," including Tucker Rocky.
Ex. 1012 ,-r 4. According to Mr. Jones, "Tucker Rocky is a trade
organization directed to motorcycles and other action sports vehicles, such
as motorbikes, all-terrain vehicles (ATVs), snowmobiles and watercraft, as
well as apparel, parts and accessories related thereto," and is "for vendors,
dealers, retailers, customers and enthusiasts of such motorcycles and outdoor
8 Although not argued in the Petition, Mr. Jones states that "[a]fter the 2009 Tucker Rocky Dealer Show and prior to September 13, 2009, [Petitioner] continued to distribute and otherwise make available the GoPro Catalog to [Petitioner's] actual and potential customers, dealers and retailers through its website, direct mail, and other means of distribution." Ex. 1012 ,-r 11; see also Ex. 1022 ,-r 10 (similar statement). Petitioner provides no support for this assertion, as Patent Owner points out. See PO Resp. 13-15. Petitioner does not cite or provide a copy of the specific web page from which the GoPro Catalog allegedly could be downloaded, does not explain how someone could locate and access the web page, and does not explain any circumstances under which the GoPro Catalog was mailed or emailed to others (e.g., to whom, how many times, on what dates). Thus, we are unable to assess whether the GoPro Catalog was disseminated in any way other than at the 2009 Tucker Rocky Dealer Show, which is the only basis for the GoPro Catalog being prior art argued by Petitioner in its Petition. See Pet. 24.
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vehicles, and associated accessories," including "video cameras that are
mountable, for example, to a rider's helmet or vehicle." Id.
Mr. Jones states that Tucker Rocky "holds an annual trade show with
attendees numbering in the thousands and typically featuring its dealer and
vendor members." Id. ,-r 5. Mr. Jones attended the 2009 Tucker Rocky
Dealer Show on July 23-27,2009 in Fort Worth, Texas, which, according to
Mr. Jones, had "approximately 150 vendors," including Petitioner, and
"over 1000 attendees," including "actual and potential dealers, retailers, and
customers of portable, point of view video cameras." I d. ,-r,-r 5-7 (citing a
vendor booth list attached as Ex. A). Mr. Jones further states that he manned
Petitioner's booth at the show, where Petitioner demonstrated its new HD
Motorsports HERO camera, displayed the GoPro Catalog, "made [it]
available, without restriction, to attendees," and "distributed hundreds of
copies ... without restriction to attendees." See id. ,-r,-r 7-9 (citing a booth
layout diagram attached as Ex. B); Ex. 1022 ,-r 8. Mr. Jones testifies that he
brought copies of the Go Pro Catalog to the show, "personally distributed"
them, and "witnessed another [Petitioner] employee distribute the GoPro
Catalog to attendees." Ex. 1022 ,-r 6. 9
Patent Owner argues that the evidence provided by Petitioner is
insufficient to demonstrate that the GoPro Catalog is a prior art printed
publication. PO Resp. 5-17. We agree. First, Petitioner provides no
evidence that the 2009 Tucker Rocky Dealer Show was advertised or
announced to the public, such that a person interested and ordinarily skilled
9 Patent Owner did not cross-examine Mr. Jones, and does not point to any reason to doubt the veracity of his testimony. The only issue, therefore, is whether his testimony and cited exhibits are sufficient for Petitioner to meet its burden to prove that the GoPro Catalog is a prior art printed publication.
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in the art from the public would have known about it and could have
obtained a copy of the Go Pro Catalog there. See id. at 8-10. According to
Mr. Jones, the show was "attended by over 1000 attendees," and "[b]esides
vendors, attendees ... included actual and potential dealers, retailers, and
customers of portable, point of view video cameras." Ex. 1012 ,-r,-r 5, 7
(emphases added). Mr. Jones, however, does not explain how any member
of the general public (as opposed to just Tucker Rocky's members) would
have known about the show. Indeed, Tucker Rocky is a membership
organization, and the show features "its dealer and vendor members." See
id. ,-r 50
Further, Patent Owner has submitted some evidence indicating that it
is unlikely that the public (including persons interested and ordinarily skilled
in the art) would have known about the 2009 Tucker Rocky Dealer Show.
See PO Resp. 9-10. Tucker Rocky's website from 2009 states that Tucker
Rocky is a wholesale distributor that does not sell to the public:
Tucker Rocky Distributing is a world-wide leader in the wholesale distribution of aftermarket parts, accessories and apparel for the powersports industry. We stock and sell over 75,000 items for street bikes, off-road motorcycles and ATVs, as well as all the accessories and apparel needed by the people that ride them. We do not sell direct to the public, but we have a network of thousands of retail dealers located throughout the world. You can use our Dealer Locator on our consumer website ... to find your nearest dealer. If they don't have what you are looking for, they can usually order it and have it for you the next day.
Ex. 2001; see also id. (describing a related "dealer website" where Tucker
Rocky's "registered dealers" can "check stock, see pricing, [and] place
orders" with Tucker Rocky). A Facebook web page for the 2013 Tucker
Rocky Dealer Show also states: "Not open to the public. Dealers Only."
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Ex. 2002. The Face book posting is of limited relevance because it pertains
to the 2013 show, not the 2009 show. Notably, however, Petitioner does not
provide any supporting evidence showing that the 2009 show was advertised
to the public or even open to the public, beyond Mr. Jones's bare assertion
that the GoPro Catalog was "made publicly available" at the show. See
Ex. 1012 ,-r,-r 9-10. Given Tucker Rocky's function as a wholesale
distributor for its members and the fact that it did not sell to the public in
2009, we find that lack of proof from Petitioner significant.
Second, Petitioner provides no evidence that the GoPro Catalog was
disseminated or otherwise made available at the 2009 Tucker Rocky Dealer
Show to persons ordinarily skilled in the art, as Patent Owner contends. See
PO Resp. 10-13. As explained above, a person of ordinary skill in the art
would have had at least a bachelor's degree in computer science, electrical
engineering, or a similar discipline, and some experience creating,
programming, or working with digital video cameras, such as POV action
sports video cameras. See supra Section II.B.4. Petitioner does not explain
why, or provide any evidence demonstrating that, such persons would have
been in attendance at the 2009 Tucker Rocky Dealer Show. The evidence
shows that Tucker Rocky is a trade organization for action sports vehicles
(e.g., motorcycles, motorbikes, ATVs, snowmobiles, watercraft) and related
apparel, parts, and accessories, and that the show was directed primarily at
sales and marketing personnel. See Ex. 2001 (2009 website stating that
Tucker Rocky is a wholesale distributor of "aftermarket parts, accessories
and apparel for the powersports industry," and stocks "items for street bikes,
off-road motorcycles and ATVs, as well as ... accessories and apparel"
(emphases added)); Ex. 1012 ,-r 4 ("Tucker Rocky is a trade organization
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directed to motorcycles and other action sports vehicles, such as motorbikes,
all-terrain vehicles (ATVs), snowmobiles and watercraft, as well as apparel,
parts and accessories related thereto," and is "for vendors, dealers, retailers,
customers and enthusiasts of such motorcycles and outdoor vehicles, and
associated accessories." (emphasis added)), 5 (stating that the annual show
"typically featur[ es Tucker Rocky's] dealer and vendor members"), Ex. A
("Tucker Rocky National Sales Mtg & Dealer Show") (emphasis added).
Petitioner does not provide any proof that the 2009 Tucker Rocky
Dealer Show would have been attended by, for example, camera engineers,
designers, or developers, who would have a technical background with
digital video cameras and fall within the above definition of someone
ordinarily skilled in the art. Certainly, it is possible that such an individual
could have been in attendance, but speculation is insufficient for Petitioner
to meet its burden. 10 The mere fact that someone is an action sports vehicle
and accessory enthusiast does not demonstrate that he or she is a person
ordinarily skilled in the art at the time of the invention of the '694 patent.
We do not see how an interest in action sports vehicles and accessories
implies in any way having a technical background with digital video
cameras. See Tr. 30:12-31:2 (Petitioner arguing that a person of ordinary
skill in the art would have been interested in something like the show
10 Indeed, the only confirmed attendee, based on the evidence provided by Petitioner, is Mr. Jones, but we find no evidence in the record indicating that he would have been a person of ordinary skill in the art. See Ex. 1012 ,-r 1 (listing his positions with Petitioner as "Senior Product Manager," "Product Manager, User Generated Content Specialist (Marketing), Marketing Brand Compliance Manager (Marketing), Online Brand Manager (Marketing), QA, and North and South America Sales"); Tr. 84:13-20 (Petitioner acknowledging that "that is not something we put in the declaration").
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"[b ]ecause they also liked extreme sports"). The 2009 Tucker Rocky Dealer
Show was not an academic conference or camera industry conference. It
was a dealer show for action sports vehicles like motorcycles, motorbikes,
ATVs, snowmobiles, and watercraft. To the extent it pertained to digital
video cameras at all, it did so only tangentially-as one type of "accessory"
for riders of certain action sports vehicles. Further, we agree with Patent
Owner that, even assuming that "those interested in buying [Petitioner's]
devices" were in attendance at the show, that does not establish that any of
those individuals were ordinarily skilled in the art. See PO Resp. 12-13.
Again, customers "may or may not" have been of ordinary skill in the art, as
Petitioner acknowledged. See Tr. 86: 16-22.
Finally, when asked at the hearing to point to any evidence in the
record indicating that a person of ordinary skill in the art would have been
present at the 2009 Tucker Rocky Dealer Show, Petitioner cited Mr. Jones's
attendance, his alleged "pass[ing the GoPro Catalog] out to others ... after
the show," and the vendor list for the show. Id. at 84:13-87:20. We
addressed the first two arguments above. Regarding the vendor list, the
document lists numerous company names, such as "Accel," "Acerbis,"
"AFE Power," and "Airhawk Seat Cushions," as well as Petitioner.
Ex. 1012, Ex. A. Petitioner does not provide any evidence in the record of
what products these companies make, what they displayed or promoted at
the show, or who might have been present from these companies at the
show. We do not know if the companies made digital video cameras, or, for
example, action sports vehicles, parts, apparel, or other types of accessories.
We do not agree that such facts are 'judicially noticeable" or "verifiable by a
quick Internet search," as Petitioner argued at the hearing. See Tr. 85:7-
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86:11,88:7-19. It was Petitioner's obligation to provide the evidence
necessary to substantiate its assertion of the Go Pro Catalog as prior art.
Ultimately, it is Petitioner's burden to prove unpatentability by a
preponderance of the evidence, which includes proving that the Go Pro
Catalog qualifies as a prior art printed publication under 35 U.S.C. § 102(b ).
The evidence of record provided by Petitioner is not sufficient to show that
the GoPro Catalog was disseminated or otherwise made available to the
extent that persons interested and ordinarily skilled in the subject matter or
art exercising reasonable diligence could have located it. Therefore, based
on the record presented, the Go Pro Catalog is not prior art to the '694 patent.
6. Analysis
Both of Petitioner's asserted grounds rely on the GoPro Catalog as
prior art allegedly teaching certain limitations of the challenged claims. See
Pet. 25-56; Ex. 1007 ,-r 104 (Mr. Roman testifying that "I have been
informed and understand that the GoPro Catalog is available as prior art
under 35 U.S.C. § 102(b)"). For example, with respect to claim 1, Petitioner
relies on Boland alone as allegedly teaching an "integrated hands-free
portable viewfinderless video camera," "camera processor," and "wireless
connection protocol device," and relies on the combined teachings of Boland
and the GoPro Catalog as allegedly teaching the following limitations of
claim 1:
(1) the camera processor being configured to "generate the video image content simultaneously at a first resolution and at a second resolution, the video image content at the first resolution and the second resolution corresponding to the video image data representing the scene to be
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recorded, wherein the first resolution is lower than the second resolution";
(2) the camera processor being configured to "adjust the image capture settings of the video camera prior to recording the scene";
(3) a "mounting interface coupled to the video camera" and a "mount configured to be mounted to the body, a garment, or a vehicle of the user of the video camera, the mount configured to receive the mounting interface for rotatably mounting the camera on the body, the garment, or the vehicle of the user of the video camera, the mounting interface and the mount further configured for manual adjustment of the video camera with respect to the user of the video camera"; and
( 4) executable instructions that cause a personal portable computing device to "display the video image content at the first resolution on a display of the portable computing device for adjustment of the image capture settings prior to the user of the video camera recording the activity, the video image content at the first resolution comprising a preview image of the scene which is not recorded on the camera or the personal portable computing device, the preview image allowing the user of the video camera to manually adjust an angle of the video camera with respect to the user of the video camera."
Pet. 25-44 (arguing that "Boland in view of the GoPro Catalog" teaches the
limitations above). 11
According to Petitioner, it would have been obvious to combine
Boland's teachings with the GoPro Catalog's teaching of a camera and
wireless remote control that perform certain functions, as well as the GoPro
Catalog's teaching of mounting devices. Id. at 27-32, 34-41. For example,
11 Petitioner also argues that "Boland alone, or in view of the Go Pro Catalog," teaches an "image sensor capturing light propagating through the lens and representing a scene to be recorded." Pet. 29-32.
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with respect to the "adjust[ing] the image capture settings" limitation,
Petitioner argues that Boland's camera processor is configured to adjust
image capture settings, and "[i]t would have been obvious to do so prior to
recording in view of the [preview] teaching in the GoPro Catalog" because a
person of ordinary skill in the art "would readily understand that previewing
before recording allows for 'filming opportunity and convenience."' I d. at
3 7 (citing Ex. 1011, 15). Petitioner makes similar assertions for independent
claims 3 and 11, and relies on its arguments regarding the combined
teachings of Boland and the Go Pro Catalog for its asserted ground based on
Boland, the GoPro Catalog, and Ueyama for claims 14 and 17. Id. at 45-51,
53-56.
As explained above, Petitioner has not established that the GoPro
Catalog is a prior art printed publication under 35 U.S.C. § 102(b ).
Consequently, we determine that Petitioner has not shown, by a
preponderance of the evidence, that the challenged claims are unpatentable
based on Petitioner's asserted grounds.
III. ORDER
Petitioner has not demonstrated, by a preponderance of the evidence,
that claims 1-13, 15, 16, and 18-20 are unpatentable over Boland and the
GoPro Catalog under 35 U.S.C. § 103(a), or that claims 14 and 17 are
unpatentable over Boland, the GoPro Catalog, and Ueyama under 35 U.S.C.
§ 103(a).
In consideration of the foregoing, it is hereby:
ORDERED that claims 1-20 of the '694 patent have not been shown
to be unpatentable;
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FURTHER ORDERED that Petitioner's Motion to Exclude
(Paper 42) is denied-in-part and dismissed-in-part; and
FURTHER ORDERED that Patent Owner's Motion to Exclude
(Paper 44) is denied-in-part and dismissed-in-part.
This is a final decision. Parties to the proceeding seeking judicial
review of the decision must comply with the notice and service requirements
of 37 C.P.R. § 90.2.
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PETITIONER:
Patrick D. McPherson David T. Xue John M. Baird Karineh Khachatourian DUANE MORRIS LLP [email protected] [email protected] [email protected]
PATENT OWNER:
Nicole M. Jantzi Ian B. Brooks Paul M. Schoenhard ROPES & GRAY LLP [email protected] Ian.Brooks@ropesgray .com paul. schoenhard@ropesgray. com
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[email protected] 571-272-7822
Paper 55 Entered: October 26, 2016
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
GOPRO, INC., Petitioner,
v.
CONTOUR IP HOLDING LLC, Patent Owner.
Case IPR2015-01080 Patent 8,890,954 B2
Before illSTIN T. ARBES, MICHAEL J. FITZPATRICK, and NEll.- T. POWELL, Administrative Patent Judges.
ARBES, Administrative Patent Judge.
FINAL WRITTEN DECISION 35 U.S.C. § 318(a)
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I. BACKGROUND
Petitioner Go Pro, Inc. filed a Petition (Paper 1, "Pet.") seeking inter
partes review of claims 1-30 of U.S. Patent No. 8,890,954 B2 (Ex. 1001,
"the '954 patent") pursuant to 35 U.S.C. §§ 311-319. On October 28,2015,
we instituted an inter partes review of claims 1, 2, and 11-30 on two
grounds ofunpatentability (Paper 8, "Dec. on Inst."). Patent Owner Contour
IP Holding LLC1 filed a Patent Owner Response (Paper 30, "PO Resp."),
and Petitioner filed a Reply (Paper 39, "Reply"). Petitioner filed a Motion to
Exclude (Paper 43, "Pet. Mot.") certain evidence submitted by Patent
Owner. Patent Owner filed an Opposition (Paper 48, "PO Mot. Opp.") and
Petitioner filed a Reply (Paper 51, "Pet. Mot. Reply"). Patent Owner filed a
Motion to Exclude (Paper 45, "PO Mot.") certain evidence submitted by
Petitioner. Petitioner filed an Opposition (Paper 49, "Pet. Mot. Opp.") and
Patent Owner filed a Reply (Paper 50, "PO Mot. Reply"). A combined oral
hearing with Case IPR2015-010782 was held on June 22, 2016, and a
transcript of the hearing is included in the record (Paper 54, "Tr. ").
We have jurisdiction under 35 U.S.C. § 6. This final written decision
is issued pursuant to 35 U.S.C. § 318(a). For the reasons that follow, we
determine that Petitioner has not shown by a preponderance of the evidence
that claims 1, 2, and 11-30 are unpatentable.
1 The original Patent Owner was Contour, LLC. Paper 5. During trial, Patent Owner filed a notice indicating that ownership of the challenged patent was transferred from Contour, LLC to Contour IP Holding LLC. See Papers 19, 28. 2 U.S. Patent No. 8,896,694 B2 (Ex. 1002), which is being challenged in Case IPR2015-01078, is a continuation of the '954 patent.
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A. The '954 Patent
The '954 patent describes an "integrated hands-free, [point-of-view
(POV)] action sports video camera or camcorder that is configured for
remote image acquisition control and viewing." Ex. 1001, col. 1, 11. 14-17.
According to the '954 patent, "integrated hands-free, POV action sports
video cameras" available at the time of the invention were "still in their
infancy and may be difficult to use." l d. at col. 1, 11 . 44--49, Figs. 2A, 2B.
The disclosed device uses global positioning system (GPS) technology to
track its location during recording and a wireless connection protocol, such
as Bluetooth, to "provide control signals or stream data to [the] wearable
video camera and to access i1nage content stored on or streamjng from [the]
wearable video camera." Id. at col. 1, 11. 53-62, col. 16, 11. 50-60.
Figure 3A of the '954 patent is reproduced below.
80 /
10
,-52
26
FIG. 3A
106
As shown in Figure 3A, digital video camera 10 comprises camera
housing 22, rotatable lens 26, image sensor 18 (not shown), such as a
complementary metal-oxide semiconductor (CMOS) image capture card,
microphone 90, and slidable switch activator 80, which can be moved to on
and off positions to control recording and the storage of video. Id. at col. 5,
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ll. 38-61, col. 8, 1. 64-col. 9, 1. 50. "When recording video or taking
photographs in a sports application, digital video camera 10 is often
mounted in a location that does not permit the user to easily see the camera."
Id. at col. 19, ll. 35-37. Digital video camera 10, therefore, includes
wireless communication capability to allow another device, such as a
smartphone or tablet computer executing application software, to control
camera settings in real time, access video stored on the camera, and act as a
"viewfinder" to "preview what digital video camera 10 sees" and allow the
user to check alignment, light level, etc. Id. at col. 19, 1. 38-col. 20, 1. 47.
B. Illustrative Claim
Claim 1 of the '954 patent recites:
1. An integrated, hands-free, portable, viewfinderless point of view digital video camera, comprising:
a lens and an image sensor, the image sensor capturing light propagating through the lens and representing a scene to be recorded, and the image sensor producing real time video image data of the scene;
a wireless connection protocol device configured to send real time image content by wireless transmission directly to and receive control signals or data signals by wireless transmission directly from a wireless connection-enabled controller; and
a camera processor configured to:
receive the video image data directly or indirectly from the image sensor,
generate, from the video image data, first video image content at a first resolution and second video image content at a second resolution, wherein the first resolution is lower than the second resolution,
communicate the first video image content using the wireless connection protocol device to the wireless
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connection-enabled controller without displaying the first video image content, the second video image content, or the video image data at the video camera,
receive the control signals from the wireless connection-enabled controller,
adjust image capture settings of the video camera prior to recording the scene based at least in part on at least a portion of the control signals, and
in response to a record command, cause the second video image content to be stored at the video camera, wherein
the wireless connection-enabled controller comprises executable instructions for execution on a handheld personal portable computing device, wherein when executed, the executable instructions cause the handheld personal portable computing device to:
receive the first video image content from the wireless connection protocol device,
display the first video image content on a display of the handheld personal portable computing device, the first video image content comprising a preview image of the scene, the preview image allowing a user of the video camera to manually adjust a position or orientation of the video camera to record the scene,
generate the control signals based at least on input received at the handheld personal portable computing device, wherein the control signals comprise at least one of a frame alignment, a multi -camera synchronization, remote file access, and a resolution setting and at least one of a lighting setting, an audio setting, and a color setting, and
communicate the control signals to the wireless connection protocol device.
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C. Prior Art
The pending grounds of unpatentability in the instant inter partes
review are based on the following prior art:
U.S. Patent No. 7,362,352 B2, issued Apr. 22, 2008 (Ex. 1013, "Ueyama");
U.S. Patent Application Publication No. 2010/0118158 AI , published May 13, 2010 (Ex. 1010, "Boland"); and
GoPro Sales Catalog (Ex. 1011 , "GoPro Catalog"). 3
D. Pending Grounds ofUnpatentability
The instant inter partes review involves the following grmmds of
unpatentability:
References Basis Claims
Boland and GoPro 35 U.S.C. § 103(a)4 1, 2, 11- 20, 22- 25 , Catalog and 27-30
Boland, GoPro Catalog, 35 U.S.C. § 103(a) 21 and 26 and Ueyama
II. ANALYSIS
A. Motions to Exclude
Before turning to the merits of Petitioner' s asserted grmmds of
unpatentability, we resolve certain aspects of the parties' motions to exclude.
3 When citing the GoPro Catalog, we refer to the page numbers at the bottom-right comer of each page. See 37 C.F.R. § 42.63(d)(2). 4 The Leahy-Smith America Invents Act, Pub. L. No. 112-29, 125 Stat. 284 (201 1) ("AlA"), amended 35 U.S.C. §§ 102 and 103. Because the '954 patent has an effective filing date before the effective date of the applit able AlA amendments, we refer to the pre-AlA versions of 35 U.S.C. §§ 102 and 103.
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The party moving to exclude evidence bears the burden of proof to establish
that it is entitled to the relief requested-namely, that the material sought to
be excluded is inadmissible under the Federal Rules of Evidence. See
37 C.P.R.§§ 42.20(c), 42.62(a).
1. Petitioner's Motion to Exclude
a. Exhibits 2001 and 2002
Petitioner moves to exclude printouts of two web pages: a March 3,
2009 archived copy of the Tucker Rocky Distributing ("Tucker Rocky")
website from the Internet Archive Wayback Machine (Exhibit 2001) and a
Facebook web page for the 2013 Tucker Rocky Dealer Show (Exhibit 2002).
Pet. Mot. 2-4. Petitioner argues that the printouts are inadmissible as
unauthenticated under Federal Rule of Evidence 901 and as hearsay under
Federal Rule of Evidence 802. Id. Patent Owner argues that Petitioner
waived its objection to these exhibits by failing to object timely. PO Mot.
Opp. 1-2. We agree with Patent Owner.
A party challenging the admissibility of evidence "must object timely
to the evidence." Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
48,767 (Aug. 14, 2012). A preliminary proceeding "begins with the filing of
a petition for instituting a trial and ends with a written decision as to whether
a trial will be instituted." 37 C.F .R. § 42.2. "Any objection to evidence
submitted during a preliminary proceeding must be filed within ten business
days of the institution of the trial." 37 C.P.R.§ 42.64(b)(1). Doing so
allows the party that originally submitted the evidence to attempt to cure the
objection by serving supplemental evidence. 37 C.P.R.§ 42.64(b)(2). If the
submitting party does not serve supplemental evidence, or if the
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supplemental evidence does not cure the objection, "[a] motion to exclude
evidence must be filed to preserve [the] objection. The motion must identify
the objections in the record in order and must explain the objections."
37 C.P.R.§ 42.64(c).
Patent Owner submitted Exhibits 2001 and 2002 with its Preliminary
Response on July 30, 2015, prior to our Decision on Institution on October
28, 2015. Therefore, Petitioner was required to object to the evidence within
ten business days of institution. Petitioner, however, did not object until
January 26, 2016, and thus waived any objection to Exhibits 2001 and 2002.
See Pet. Mot. 1; Paper 31 ("Petitioner Go Pro Inc.'s First Set of Objections to
Patent Owner's Exhibits" (emphasis added)). Petitioner argues that its
objections were timely because Petitioner filed them within five business
days of Patent Owner filing its Response and a declaration from Michael P.
Duffey (Exhibit 2012) purportedly authenticating the two web page
printouts. Pet. Mot. Reply 2. Petitioner, however, is not moving to exclude
Exhibit 2012, in which case an objection to the exhibit filed within five
business days of its service would have been timely. 5 Rather, Petitioner is
moving to exclude Exhibits 2001 and 2002, which were submitted during
the "preliminary proceeding." Pursuant to 37 C.P.R.§ 42.64(b)(1), any
objection was due within ten business days of institution, and Petitioner
failed to meet that requirement. Petitioner's Motion to Exclude is denied as
to Exhibits 2001 and 2002.
5 For evidence served after institution, "any objection must be filed within five business days of service of [the] evidence." 37 C.F .R. § 42.64(b )(1 ).
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b. Exhibits 1036 and 2004-2011
Petitioner also moves to exclude certain materials (Exhibits
2005-2011) pertaining to Patent Owner's arguments regarding secondary
considerations of non-obviousness, as well as the testimony (Exhibits 1036
and 2004) of Patent Owner's declarant, Brent E. Nelson, Ph.D., regarding
whether the asserted references render obvious the challenged claims.
Pet. Mot. 2-15. As explained below, we need not reach these issues because
Petitioner has not proven that the GoPro Catalog is a prior art printed
publication. See infra Section II.B. Therefore, Petitioner's Motion to
Exclude is dismissed as moot as to Exhibits 1036 and 2004-2011.
2. Patent Owner's Motion to Exclude
a. Exhibit 1011
Patent Owner moves to exclude the Go Pro Catalog (Exhibit 1011) as
unauthenticated under Federal Rule of Evidence 901. PO Mot. 3-8. The
Go Pro Catalog is a product catalog for Petitioner's HD Motorsports HERO
camera. Ex. 1011, 2. As we discuss in greater detail below, Petitioner
provides testimony from Damon Jones, a Senior Product Manager employed
by Petitioner, to support its arguments regarding the GoPro Catalog. See
infra Section II.B; Ex. 1012 ,-r 1. Mr. Jones states, among other things, that
he attended and distributed copies of the Go Pro Catalog at the Tucker Rocky
Dealer Show on July 23-27,2009 in Fort Worth, Texas. Ex. 1012 ,-r,-r 5, 8.
Patent Owner argues that Petitioner has not proven that the version of
the Go Pro Catalog provided as Exhibit 1011 is "the same catalog that was
purportedly distributed at the Dealer Show in July 2009, or even that the
GoPro Catalog had been printed at that time." PO Mot. 4. According to
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Patent Owner, Mr. Jones's testimony is conclusory and does not explain how
or why Mr. Jones knows the GoPro Catalog is what he claims it to be, i.e., a
copy of the catalog that he distributed at the Tucker Rocky Dealer Show. I d.
at 4-7. Patent Owner contends that "Mr. Jones does not identify any
markings or indicators on the GoPro Catalog that inform him that it is the
same catalog he claims to have distributed," and "does not say how he is
capable of determining with any certainty that the GoPro Catalog is the same
version, printing, or content as the catalog he claims to have distributed." Id.
at 5-6.
We are not persuaded that Exhibit 1011 should be excluded for two
reasons. First, Patent Owner withdrew its objection, as Petitioner argues.
See Pet. Mot. Opp. 4-5. Patent Owner timely objected to Exhibit 1011
within ten business days of institution. See Paper 14, 2-3. Petitioner later
filed, pursuant to our authorization, a motion to submit a supplemental
declaration from Mr. Jones as supplemental information under 37 C.F.R.
§ 42.123(a). Paper 20. Patent Owner then filed objections to the
supplemental declaration, stating that
the Jones Supplemental Declaration cannot resolve Patent Owner's objections stated in Patent Owner Contour LLC's First Set of Objections to Petitioner's Exhibits. However, to the extent the Board overlooks the untimeliness of Petitioner's evidence and allows Petitioner's evidence to be part of the record, the Jones Supplemental Declaration resolves the objections presented in Patent Owner Contour LLC 's First Set of Objections to Petitioner's Exhibits.
Paper 22, 3 (emphasis added). We allowed Mr. Jones's supplemental
declaration "to be part of the record" when we granted Petitioner's motion to
submit it as supplemental information. See Paper 28. We also now deny
Patent Owner's Motion to Exclude the supplemental declaration, for the
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reasons explained below. See infra Section II.A.2.b. Thus, by Patent
Owner's own statement (reproduced above), Mr. Jones's supplemental
declaration "resolves" Patent Owner's objection to the admissibility of
Exhibit 1011.
Second, even if Patent Owner had not withdrawn its objection, Patent
Owner's arguments regarding admissibility still would not be persuasive.
"To satisfy the requirement of authenticating or identifying an item of
evidence, the proponent must produce evidence sufficient to support a
finding that the item is what the proponent claims it is." Fed. R. Evid.
901(a). "Testimony that an item is what it is claimed to be" may be used to
satisfy the authentication requirement. Fed. R. Evid. 901(b)(1).
Mr. Jones's testimony is sufficient to establish that Exhibit 1011 is
what he claims it to be, i.e., a copy of the catalog that he distributed at the
Tucker Rocky Dealer Show. Mr. Jones testifies in his original declaration
that Petitioner "distributed hundreds of copies" of the Go Pro Catalog at the
Tucker Rocky Dealer Show, and that Exhibit 1011 "is a true and correct
copy of the GoPro Catalog that was distributed" there. Ex. 1012 ~~ 8, 10. In
his supplemental declaration, Mr. Jones testifies that Nicholas Woodman,
Petitioner's founder and Chief Executive Officer, sent him an email
(Exhibit 1023) on July 20, 2009, with the subject "Shipping for DAMON"
and stating that "KINK OS is FEDEXING your HD Moto HERO Catalogs to
you on TUBS for arrival on WED." Ex. 1022 ~ 5. Mr. Jones states that he
received catalogs at his hotel in Fort Worth, Texas and brought them to the
Tucker Rocky Dealer Show. Id. ~ 6. Importantly, Mr. Jones also testifies
that (1) he is familiar with Petitioner's marketing materials as a result of his
employment with Petitioner since 2008; (2) he recognizes the catalog, which
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states that "[t]the HD Motorsports HERO is available Fall '09," as
pertaining to Petitioner's HD Motorsports HERO camera launched in the fall
of 2009; (3) he "recognize[ s ]"Exhibit 1011 as a copy of the catalog that he
brought to the Tucker Rocky Dealer Show; and ( 4) the copy of the catalog
provided as Exhibit 1011 "was taken from the inventory of these catalogs
that [Petitioner] maintained and distributed in the ordinary course of
business." See id. ,-r,-r 7-10; Ex. 1012 ,-r,-r 1-2 (listing Mr. Jones's
employment positions with Petitioner); Ex. 1011, 7.
Thus, Mr. Jones has personal knowledge of what catalog he brought
to the Tucker Rocky Dealer Show, and a basis on which to recognize Exhibit
1011 as that catalog due to his employment with Petitioner and familiarity
with Petitioner's products and marketing practices. His testimony also is
consistent with the content of Exhibit 1011 itself, which describes the "HD
Motorsports HERO" product. Given Mr. Jones's personal involvement in
receiving and using the GoPro Catalog, we are not persuaded that he was
required to provide additional detail as to precisely how he recognizes
Exhibit 1011 as the particular catalog from the Tucker Rocky Dealer Show,
as Patent Owner contends. See PO Mot. 4-7. Nor are we persuaded that he
needed to identify particular "markings or indicators" on the document as
the basis for that recognition. See id. at 6. "[D]istinctive characteristics" of
an item may provide a basis for admissibility under Rule 901 (b)( 4 ), but we
are persuaded that Exhibit 1011 is admissible under at least Rule 901 (b )(1)
based on Mr. Jones's testimony that Exhibit 1011 is what he claims it to be.
Finally, the cases relied on by Patent Owner are distinguishable from the
present facts, for all of the reasons stated by Petitioner. See id. at 3-4, 7;
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Pet. Mot. Opp. 8-9. Patent Owner's Motion to Exclude is denied as to
Exhibit 1011.6
b. Exhibits 1022 and 1023
Patent Owner moves to exclude Mr. Jones's supplemental declaration
(Exhibit 1022) and the email from Mr. Woodman (Exhibit 1023) as
containing inadmissible hearsay under Federal Rule of Evidence 802 and as
untimely. PO Mot. 8-11. First, Patent Owner argues that Mr. Woodman's
email and paragraph 5 of the supplemental declaration quoting it contain
out-of-court statements offered for the truth of the matter asserted-namely,
"that, on or around July 20, 2009, Mr. Woodman intended to and, in fact,
sent Mr. Jones copies of the GoPro Catalog for distribution at the Dealer
Show." Id. at 8-10. We are not persuaded. As Petitioner points out, the
disputed statements are not offered to prove the truth of whether
Mr. Woodman in fact sent catalogs by FedEx to Mr. Jones, but rather that
"Mr. Jones was informed that catalogs were being sent to him," which
supports Mr. Jones's testimony authenticating Exhibit 1011. Pet. Mot. Opp.
10-11; see Fed. R. Evid. 801 Advisory Comm. Notes ("If the significance of
an offered statement lies solely in the fact that it was made, no issue is raised
as to the truth of anything asserted, and the statement is not hearsay.").
6 Although we deem the GoPro Catalog admissible based on Mr. Jones's testimony, the question of whether his testimony is sufficient to prove that the GoPro Catalog is a prior art printed publication is a separate issue, which we address below. See infra Section II.B.5.
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Thus, we are not persuaded that the statements constitute inadmissible
hearsay under Rule 802.7
Second, Patent Owner argues that the supplemental declaration and
email are untimely under 37 C.P.R.§ 42.23(b), which provides that "[a]
reply may only respond to arguments raised in the corresponding opposition,
patent owner preliminary response, or patent owner response." PO Mot.
10-11. Patent Owner contends that Petitioner should have submitted the
testimony in the supplemental declaration with its Petition. Id. We are not
persuaded. A motion to exclude ordinarily is not the proper mechanism for
raising the issue of whether a reply or reply evidence is beyond the proper
scope permitted under the rules, as a motion to exclude is for challenging the
"admissibility of evidence" under the Federal Rules of Evidence. See
37 C.P.R. §§ 42.62, 42.64; Office Patent Trial Practice Guide, 77 Fed. Reg.
at 48,758, 48,767. Regardless, though, the supplemental declaration and
email were filed timely. Petitioner submitted the supplemental declaration
and email as supplemental information pursuant to our Decision granting
Petitioner's corresponding motion, which was prior to Patent Owner filing
its Response. See Paper 28. They were not submitted with Petitioner's
Reply. Patent Owner had the opportunity to cross-examine Mr. Jones
regarding his declarations and the email and respond substantively in its
Response, and Petitioner had the opportunity to respond to Patent Owner's
arguments in its Reply. Patent Owner's Motion to Exclude is denied as to
Exhibits 1022 and 1023.
7 Even if the disputed statements were inadmissible, our conclusions herein, including the determination that Exhibit 1011 is authentic, would be the same. See supra Section II.A.2.a.
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c. Exhibit 1037
Patent Owner also moves to exclude the cross-examination testimony
(Exhibit 1037) of its declarant, Richard Mander, Ph.D., regarding secondary
considerations of non-obviousness. PO Mot. 11-15. We need not reach the
issue of secondary considerations of non-obviousness, see infra Section II.B,
and dismiss Patent Owner's Motion to Exclude as moot as to Exhibit 1037.
B. Petitioner's Asserted Grounds of Unpatentability
Petitioner argues that claims 1, 2, 11-20, 22-25, and 27-30 are
unpatentable over Boland and the GoPro Catalog under 35 U.S.C. § 103(a),
and that claims 21 and 26 are unpatentable over Boland, the GoPro Catalog,
and Ueyama under 35 U.S. C. § 103(a), relying on the supporting testimony
ofKendyl A. Roman. Pet. 27-59 (citing Ex. 1007). We have reviewed the
Petition, Patent Owner Response, and Reply, as well as the evidence
discussed in each of those papers, and are not persuaded, by a preponderance
of the evidence, that the challenged claims are unpatentable based on the
asserted grounds.
1. Boland
Boland describes a "video recording camera system configured to
record video from a user's perspective," comprising a headset positioned on
the wearer's ear and a wireless handset. Ex. 1010 ,-r,-r 6, 30, Fig. 1.
15
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Figure 2A of Boland is reproduced below.
HEADSET jgJl
~lnpytA~S!gnat._.----------,
lnputlnlll90 Signal(s) ----1
2Jla
.-------Video Data 4 m
I CH~RI. f--1 ------
Teloc:om Audio DB
Video 212 Conlfa -m ----l
FIG.2A
OutPUt AudiO Signal
llZ EARPIECE
AUDIO SPEAKER
m
Co111111. Chotonel
~
.----- ----, I I I WIRaESS I
: COMM. : 1 HANDSET I
: ru : ':_ _________ ~
Figure 2A depicts headset 100 comprising lens 105, image sensor(s) 205,
multimedia processor 210, storage medium 228, and radio 240, which
communicates with wireless communication handset 201 over
communication channel202 (e.g., Bluetooth). ld. ~~ 32-35. Handset 201
includes "view screen 303 ... to serve as a viewfinder for the headset 100
and ... further provide for previewing of video recorded by the
headset 100," and video control soft keys 307 to allow the user to control the
operation of headset 100. ld. ~~ 46, 58, 61 , 63, Fig. 3A. Video data is
stored and overwritten, in a first in-first out manner, in non-volatile recorded
video data buffer 229 of storage medium 228 for "continuous video
recording," and the user may save particular video portions as clip files 231.
ld. ~~ 35, 40- 42, 48.
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2. GoPro Catalog
The GoPro Catalog is a product catalog for Petitioner's
"HD Motorsports HERO" product. Ex. 1011 , 2-3. It describes a " 1080p
[high-definition (HD)] wearable camera" and "optional wireless remote with
an omni-directional range of 30 feet." I d. at 3, 6. The images shown on
pages 2 and 15 of the catalog are reproduced below.
The images above depict the camera attached to a user's helmet, and the
wireless remote control, which the GoPro Catalog describes as follows:
"With a 30' I 10m range and the ability to wirelessly transmit a preview
image of your photo or video before you start recording, the wireless remote
opens up a world of filming opportunities and convenience." Id. at 15.
3. Ueyama
Ueyama describes an "image capturing apparatus which can be
remotely operated and is able to transmit captured image data to [an]
operation terminal." Ex. 1013, col. 3, 1. 67-col. 4, 1. 4. The operation
terminal receives streamed image data over a wireless connection, such as
Bluetooth, at a particular frame rate and can act as a "view finder" by
displaying the images on a monitor. ld. at col. 4, ll. 13-18,24-30. The
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image capturing apparatus 'judges" the speed of the connection and
"decreas[ es] the resolution" of images when the speed is low. I d. at
Abstract, col. 1 0, ll. 4-14.
4. Level of Ordinary Skill in the Art
Section 103(a) forbids issuance of a patent when "the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains."
KSR Int'l Co. v. Telejlex Inc., 550 U.S. 398,406 (2007) (quoting 35 U.S.C.
§ 103(a)). In the Decision on Institution, we preliminarily determined that a
person of ordinary skill in the art would have had at least a bachelor's degree
in computer science, electrical engineering, or a similar discipline, and some
experience creating, programming, or working with digital video cameras,
such as POV action sports video cameras. Dec. on Inst. 11-12. The parties
agree with this assessment. See PO Resp. 11; Tr. 30:8-11. Based on our
review of the '954 patent, the types of problems and solutions described in
the '954 patent and cited prior art, and the testimony of the parties'
declarants, we maintain our preliminary determination and apply that level
of ordinary skill in the art for purposes of this Decision.
5. Whether Petitioner Has Proven That The GoPro Catalog Is Prior Art
Before reaching the merits of Petitioner's obviousness grounds, both
of which are based on combinations of the Go Pro Catalog with other
asserted prior art, we must determine whether the GoPro Catalog is a prior
art printed publication under 35 U.S.C. § 102(b ). See Pet. 26. It is
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Petitioner's burden to prove that it is, as Petitioner bears the burden of
proving unpatentability by a preponderance of the evidence. See 35 U.S.C.
§ 316(e); Harmonic Inc. v. Avid Tech., Inc., 815 F.3d 1356, 1363 (Fed. Cir.
2016) ("In an [inter partes review], the petitioner has the burden from the
onset to show with particularity why the patent it challenges is
unpatentable."); In re Wyer, 655 F.2d 221, 227 (CCPA 1981) (a party
asserting a reference as a prior art printed publication "should produce
sufficient proof of its dissemination or that it has otherwise been available
and accessible to persons concerned with the art to which the document
relates").
We first resolve the legal standard to be applied, which the parties
dispute. The determination of whether a document is a "printed publication"
under 35 U.S.C. § 102 "involves a case-by-case inquiry into the facts and
circumstances surrounding the reference's disclosure to members of the
public." In re Klopfenstein, 380 F.3d 1345, 1350 (Fed. Cir. 2004).
"Because there are many ways in which a reference may be disseminated to
the interested public, 'public accessibility' has been called the touchstone in
determining whether a reference constitutes a 'printed publication' bar under
35 U.S.C. § 102(b)." Blue Calypso, LLC v. Groupon, Inc., 815 F.3d 1331,
1348 (Fed. Cir. 2016) (citing In re Hall, 781 F.2d 897, 898-99 (Fed. Cir.
1986)). Petitioner argues that the standard to be applied to the GoPro
Catalog is whether it was "sufficiently accessible to the public interested in
the art." Reply 2 (citing In re Cronyn, 890 F.2d 1158, 1160 (Fed. Cir.
1989)). According to Petitioner, there are two different standards depending
on the factual circumstances of the case: for "catalog" cases, like a thesis
stored at a university, the standard is accessibility to persons interested and
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ordinarily skilled in the art, but for "dissemination [cases], like at a trade
show," the standard is only accessibility to the interested public. Tr. 28:13-
29:17, 31:16-33:11. Patent Owner disagrees, arguing that a "reference is
'publicly accessible' upon a satisfactory showing that such document has
been disseminated or otherwise made available to the extent that persons
interested and ordinarily skilled in the subject matter or art exercising
reasonable diligence, can locate it." PO Resp. 6 (citing Suffolk Techs., LLC
v. AOL Inc., 752 F.3d 1358, 1364 (Fed. Cir. 2014)). Patent Owner asserts
that the standard is the same regardless of whether accessibility is being
shown via cataloguing or dissemination. Tr. 40:14-42:13.
We agree with Patent Owner. Although some cases, such as Cronyn,
refer simply to "the public interested in the art," the majority of cases define
the standard as accessibility to persons interested and ordinarily skilled in
the art. Numerous cases pertaining to dissemination of a reference have
applied that standard. For example, in Massachusetts Inst. of Tech. v. AB
Fortia, 774 F.2d 1104, 1108-1109 (Fed. Cir. 1985), the Court found that a
paper delivered orally at a cell culture conference was a prior art printed
publication because "between 50 and 500 persons interested and of ordinary
skill in the subject matter were actually told of the existence of the paper and
informed of its contents by the oral presentation, and the document itself was
actually disseminated without restriction to at least six persons." Likewise,
in Klopfenstein, 380 F.3d at 1350-52, the Court found that a reference
displayed at two industry association meetings was a prior art printed
publication because it "was shown to a wide variety of viewers, a large
subsection of whom possessed ordinary skill in the art of cereal chemistry
and agriculture," specifically noting that "the intended target audience at the
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[first] meeting was comprised of cereal chemists and others having ordinary
skill in the art," and "[t]he intended viewers at the [second meeting] most
likely also possessed ordinary skill in the art." In Suffolk, 752 F.3d at 1364-
65, the Court found that a newsgroup post "was sufficiently disseminated to
those of ordinary skill in the art to be considered publically accessible"
because, among other reasons, "those of ordinary skill in the art actually
were using [the] newsgroups." See also Medtronic, Inc. v. Barry, Case
IPR2015-00780, at 9-13 (PTAB Sept. 7, 2016) (Paper 51) (determining that
a video and set of slides were not prior art printed publications by virtue of
their availability at certain programs because the attendees were invited
experts voted into membership, not persons of "ordinary" skill in the art).
Accordingly, we apply the following standard, recently enunciated by
the Federal Circuit, for determining whether the Go Pro Catalog is a prior art
printed publication: "A reference will be considered publicly accessible if it
was 'disseminated or otherwise made available to the extent that persons
interested and ordinarily skilled in the subject matter or art exercising
reasonable diligence, can locate it."' Blue Calypso, 815 F .3d at 1348 (citing
Kyocera Wireless Corp. v. fTC, 545 F.3d 1340, 1350 (Fed. Cir. 2008)).
Turning to the sufficiency of Petitioner's showing of public
accessibility, we now consider Petitioner's argument that the GoPro Catalog
is a prior art printed publication because it was "distributed publicly at least
as early as July 2009, when [Petitioner] attended the 2009 Tucker Rocky
Dealer Show and handed the GoPro Catalog to potential customers," citing
Mr. Jones's original declaration as support. 8 Pet. 26 (citing Ex. 1012
8 Although not argued in the Petition, Mr. Jones states that "[a]fter the 2009 Tucker Rocky Dealer Show and prior to September 13, 2009, [Petitioner]
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,-r,-r 4-11 ). Mr. Jones testifies that as part of his employment with Petitioner,
he "participate[s] in and [is] otherwise familiar with various trade
organizations relevant to [Petitioner's] business," including Tucker Rocky.
Ex. 1012 ,-r 4. According to Mr. Jones, "Tucker Rocky is a trade
organization directed to motorcycles and other action sports vehicles, such
as motorbikes, all-terrain vehicles (ATVs), snowmobiles and watercraft, as
well as apparel, parts and accessories related thereto," and is "for vendors,
dealers, retailers, customers and enthusiasts of such motorcycles and outdoor
vehicles, and associated accessories," including "video cameras that are
mountable, for example, to a rider's helmet or vehicle." Id.
Mr. Jones states that Tucker Rocky "holds an annual trade show with
attendees numbering in the thousands and typically featuring its dealer and
vendor members." Id. ,-r 5. Mr. Jones attended the 2009 Tucker Rocky
Dealer Show on July 23-27,2009 in Fort Worth, Texas, which, according to
Mr. Jones, had "approximately 150 vendors," including Petitioner, and
"over 1000 attendees," including "actual and potential dealers, retailers, and
continued to distribute and otherwise make available the GoPro Catalog to [Petitioner's] actual and potential customers, dealers and retailers through its website, direct mail, and other means of distribution." Ex. 1012 ,-r 11; see also Ex. 1022 ,-r 10 (similar statement). Petitioner provides no support for this assertion, as Patent Owner points out. See PO Resp. 14-15. Petitioner does not cite or provide a copy of the specific web page from which the GoPro Catalog allegedly could be downloaded, does not explain how someone could locate and access the web page, and does not explain any circumstances under which the GoPro Catalog was mailed or emailed to others (e.g., to whom, how many times, on what dates). Thus, we are unable to assess whether the GoPro Catalog was disseminated in any way other than at the 2009 Tucker Rocky Dealer Show, which is the only basis for the GoPro Catalog being prior art argued by Petitioner in its Petition. See Pet. 26.
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customers of portable, point of view video cameras." I d. ,-r,-r 5-7 (citing a
vendor booth list attached as Ex. A). Mr. Jones further states that he manned
Petitioner's booth at the show, where Petitioner demonstrated its new HD
Motorsports HERO camera, displayed the GoPro Catalog, "made [it]
available, without restriction, to attendees," and "distributed hundreds of
copies ... without restriction to attendees." See id. ,-r,-r 7-9 (citing a booth
layout diagram attached as Ex. B); Ex. 1022 ,-r 8. Mr. Jones testifies that he
brought copies of the Go Pro Catalog to the show, "personally distributed"
them, and "witnessed another [Petitioner] employee distribute the Go Pro
Catalog to attendees." Ex. 1022 ,-r 6. 9
Patent Owner argues that the evidence provided by Petitioner is
insufficient to demonstrate that the GoPro Catalog is a prior art printed
publication. PO Resp. 5-15, 17. We agree. First, Petitioner provides no
evidence that the 2009 Tucker Rocky Dealer Show was advertised or
announced to the public, such that a person interested and ordinarily skilled
in the art from the public would have known about it and could have
obtained a copy of the GoPro Catalog there. See id. at 9-11. According to
Mr. Jones, the show was "attended by over 1000 attendees," and "[b]esides
vendors, attendees ... included actual and potential dealers, retailers, and
customers of portable, point of view video cameras." Ex. 1012 ,-r,-r 5, 7
(emphases added). Mr. Jones, however, does not explain how any member
of the general public (as opposed to just Tucker Rocky's members) would
have known about the show. Indeed, Tucker Rocky is a membership
9 Patent Owner did not cross-examine Mr. Jones, and does not point to any reason to doubt the veracity of his testimony. The only issue, therefore, is whether his testimony and cited exhibits are sufficient for Petitioner to meet its burden to prove that the GoPro Catalog is a prior art printed publication.
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organization, and the show features "its dealer and vendor members." See
id. ~ 5.
Further, Patent Owner has submitted some evidence indicating that it
is unlikely that the public (including persons interested and ordinarily skilled
in the art) would have known about the 2009 Tucker Rocky Dealer Show.
See PO Resp. 9-11. Tucker Rocky's website from 2009 states that Tucker
Rocky is a wholesale distributor that does not sell to the public:
Tucker Rocky Distributing is a world-wide leader in the wholesale distribution of aftermarket parts, accessories and apparel for the powersports industry. We stock and sell over 75,000 items for street bikes, off-road motorcycles and ATVs, as well as all the accessories and apparel needed by the people that ride them. We do not sell direct to the public, but we have a network of thousands of retail dealers located throughout the world. You can use our Dealer Locator on our consumer website ... to find your nearest dealer. If they don't have what you are looking for, they can usually order it and have it for you the next day.
Ex. 2001; see also id. (describing a related "dealer website" where Tucker
Rocky's "registered dealers" can "check stock, see pricing, [and] place
orders" with Tucker Rocky). A Facebook web page for the 2013 Tucker
Rocky Dealer Show also states: "Not open to the public. Dealers Only."
Ex. 2002. The Facebook posting is of limited relevance because it pertains
to the 2013 show, not the 2009 show. Notably, however, Petitioner does not
provide any supporting evidence showing that the 2009 show was advertised
to the public or even open to the public, beyond Mr. Jones's bare assertion
that the GoPro Catalog was "made publicly available" at the show. See
Ex. 1012 ~~ 9-10. Given Tucker Rocky's function as a wholesale
distributor for its members and the fact that it did not sell to the public in
2009, we find that lack of proof from Petitioner significant.
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Second, Petitioner provides no evidence that the GoPro Catalog was
disseminated or otherwise made available at the 2009 Tucker Rocky Dealer
Show to persons ordinarily skilled in the art, as Patent Owner contends. See
PO Resp. 11-13. As explained above, a person of ordinary skill in the art
would have had at least a bachelor's degree in computer science, electrical
engineering, or a similar discipline, and some experience creating,
programming, or working with digital video cameras, such as POV action
sports video cameras. See supra Section II.B.4. Petitioner does not explain
why, or provide any evidence demonstrating that, such persons would have
been in attendance at the 2009 Tucker Rocky Dealer Show. The evidence
shows that Tucker Rocky is a trade organization for action sports vehicles
(e.g., motorcycles, motorbikes, ATVs, snowmobiles, watercraft) and related
apparel, parts, and accessories, and that the show was directed primarily at
sales and marketing personnel. See Ex. 2001 (2009 website stating that
Tucker Rocky is a wholesale distributor of "aftermarket parts, accessories
and apparel for the powersports industry," and stocks "items for street bikes,
off-road motorcycles and ATVs, as well as ... accessories and apparel"
(emphases added)); Ex. 1012 ,-r 4 ("Tucker Rocky is a trade organization
directed to motorcycles and other action sports vehicles, such as motorbikes,
all-terrain vehicles (ATVs), snowmobiles and watercraft, as well as apparel,
parts and accessories related thereto," and is "for vendors, dealers, retailers,
customers and enthusiasts of such motorcycles and outdoor vehicles, and
associated accessories." (emphasis added)), 5 (stating that the annual show
"typically featur[ es Tucker Rocky's] dealer and vendor members"), Ex. A
("Tucker Rocky National Sales Mtg & Dealer Show") (emphasis added).
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Petitioner does not provide any proof that the 2009 Tucker Rocky
Dealer Show would have been attended by, for example, camera engineers,
designers, or developers, who would have a technical background with
digital video cameras and fall within the above definition of someone
ordinarily skilled in the art. Certainly, it is possible that such an individual
could have been in attendance, but speculation is insufficient for Petitioner
to meet its burden. 10 The mere fact that someone is an action sports vehicle
and accessory enthusiast does not demonstrate that he or she is a person
ordinarily skilled in the art at the time of the invention of the '954 patent.
We do not see how an interest in action sports vehicles and accessories
implies in any way having a technical background with digital video
cameras. See Tr. 30:12-31:2 (Petitioner arguing that a person of ordinary
skill in the art would have been interested in something like the show
"[b ]ecause they also liked extreme sports"). The 2009 Tucker Rocky Dealer
Show was not an academic conference or camera industry conference. It
was a dealer show for action sports vehicles like motorcycles, motorbikes,
ATVs, snowmobiles, and watercraft. To the extent it pertained to digital
video cameras at all, it did so only tangentially-as one type of "accessory"
for riders of certain action sports vehicles. Further, we agree with Patent
Owner that, even assuming that "those interested in buying [Petitioner's]
10 Indeed, the only confirmed attendee, based on the evidence provided by Petitioner, is Mr. Jones, but we find no evidence in the record indicating that he would have been a person of ordinary skill in the art. See Ex. 1012 ,-r 1 (listing his positions with Petitioner as "Senior Product Manager," "Product Manager, User Generated Content Specialist (Marketing), Marketing Brand Compliance Manager (Marketing), Online Brand Manager (Marketing), QA, and North and South America Sales"); Tr. 84:13-20 (Petitioner acknowledging that "that is not something we put in the declaration").
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devices" were in attendance at the show, that does not establish that any of
those individuals were ordinarily skilled in the art. See PO Resp. 13. Again,
customers "may or may not" have been of ordinary skill in the art, as
Petitioner acknowledged. See Tr. 86:16-22.
Finally, when asked at the hearing to point to any evidence in the
record indicating that a person of ordinary skill in the art would have been
present at the 2009 Tucker Rocky Dealer Show, Petitioner cited Mr. Jones's
attendance, his alleged "pass[ing the GoPro Catalog] out to others ... after
the show," and the vendor list for the show. Id. at 84:13-87:20. We
addressed the first two arguments above. Regarding the vendor list, the
document lists numerous company names, such as "Accel," "Acerbis,"
"AFE Power," and "Airhawk Seat Cushions," as well as Petitioner.
Ex. 1012, Ex. A. Petitioner does not provide any evidence in the record of
what products these companies make, what they displayed or promoted at
the show, or who might have been present from these companies at the
show. We do not know if the companies made digital video cameras, or, for
example, action sports vehicles, parts, apparel, or other types of accessories.
We do not agree that such facts are 'judicially noticeable" or "verifiable by a
quick Internet search," as Petitioner argued at the hearing. See Tr. 85:7-
86:11,88:7-19. It was Petitioner's obligation to provide the evidence
necessary to substantiate its assertion of the Go Pro Catalog as prior art.
Ultimately, it is Petitioner's burden to prove unpatentability by a
preponderance of the evidence, which includes proving that the Go Pro
Catalog qualifies as a prior art printed publication under 35 U.S.C. § 102(b ).
The evidence of record provided by Petitioner is not sufficient to show that
the GoPro Catalog was disseminated or otherwise made available to the
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extent that persons interested and ordinarily skilled in the subject matter or
art exercising reasonable diligence could have located it. Therefore, based
on the record presented, the GoPro Catalog is not prior art to the '954 patent.
6. Analysis
Both of Petitioner's asserted grounds rely on the Go Pro Catalog as
prior art allegedly teaching certain limitations of the challenged claims. See
Pet. 27-59; Ex. 1007 ,-r 118 (Mr. Roman testifying that "I have been
informed and understand that the GoPro Catalog is available as prior art
under 35 U.S.C. § 102(b)"). For example, with respect to claim 1, Petitioner
relies on Boland alone as allegedly teaching an "integrated, hands-free,
portable, viewfinderless point of view digital video camera," "image
sensor," "camera processor," and "wireless connection protocol device,"
and relies on the combined teachings of Boland and the Go Pro Catalog as
allegedly teaching the following limitations of claim 1:
(1) the camera processor being configured to "generate, from the video image data, first video image content at a first resolution and second video image content at a second resolution, wherein the first resolution is lower than the second resolution";
(2) the camera processor being configured to "adjust image capture settings of the video camera prior to recording the scene based at least in part on at least a portion of the control signals"; and
(3) executable instructions that cause a handheld personal portable computing device to "display the first video image content on a display of the handheld personal portable computing device, the first video image content comprising a preview image of the scene, the preview image allowing a user of the video camera to manually
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adjust a position or orientation of the video camera to record the scene."
Pet. 27-42 (arguing that "Boland in view of the GoPro Catalog" teaches the
limitations above). 11
According to Petitioner, it would have been obvious to combine
Boland's teachings with the GoPro Catalog's teaching of a camera and
wireless remote control that perform certain functions. Id. at 29,35-37,39.
For example, with respect to the "adjust[ing] image capture settings"
limitation, Petitioner argues that Boland's camera processor is configured to
adjust image capture settings, and "[i]t would have been obvious to do so
prior to recording in view of the [preview] teaching in the Go Pro Catalog"
because a person of ordinary skill in the art "would readily understand that
previewing before recording allows for 'filming opportunity and
convenience."' Id. at 36-37 (citing Ex. 1011, 15). Petitioner makes similar
assertions for independent claims 11, 22, and 27, and relies on its arguments
regarding the combined teachings of Boland and the Go Pro Catalog for its
asserted ground based on Boland, the GoPro Catalog, and Ueyama for
claims 21 and 26. Id. at 49-50, 52-59.
As explained above, Petitioner has not established that the GoPro
Catalog is a prior art printed publication under 35 U.S.C. § 102(b ).
Consequently, we determine that Petitioner has not shown, by a
preponderance of the evidence, that the challenged claims are unpatentable
based on Petitioner's asserted grounds.
11 Petitioner also argues that "Boland alone, or in view of the Go Pro Catalog," teaches "a lens and an image sensor, the image sensor capturing light propagating through the lens and representing a scene to be recorded." Pet. 31-33.
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III. ORDER
Petitioner has not demonstrated, by a preponderance of the evidence,
that claims 1, 2, 11-20, 22-25, and 27-30 are unpatentable over Boland and
the GoPro Catalog under 35 U.S.C. § 103(a), or that claims 21 and 26 are
unpatentable over Boland, the GoPro Catalog, and Ueyama under 35 U.S.C.
§ 103(a).
In consideration of the foregoing, it is hereby:
ORDERED that claims 1, 2, and 11-30 of the '954 patent have not
been shown to be unpatentable;
FURTHER ORDERED that Petitioner's Motion to Exclude
(Paper 43) is denied-in-part and dismissed-in-part; and
FURTHER ORDERED that Patent Owner's Motion to Exclude
(Paper 45) is denied-in-part and dismissed-in-part.
This is a final decision. Parties to the proceeding seeking judicial
review of the decision must comply with the notice and service requirements
of37 C.P.R.§ 90.2.
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PETITIONER:
Patrick D. McPherson David T. Xue John M. Baird Karineh Khachatourian DUANE MORRIS LLP pdrncpherson@duan em orri s.com [email protected] [email protected]
PATENT OWNER:
Nicole M. Jantzi Ian B. Brooks PaulM. Schoenhard ROPES & GRAY LLP [email protected] [email protected] [email protected]
31
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[email protected] 571-272-7822
Paper 59 Entered: February 16,2017
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
GOPRO, INC., Petitioner,
v.
CONTOUR IP HOLDING LLC, Patent Owner.
Case IPR2015-01078 Patent 8,896,694 B2
Before illSTIN T. ARBES, MICHAEL J. FITZPATRICK, and NEll.- T. POWELL, Administrative Patent Judges.
ARBES, Administrative Patent Judge.
DECISION Petitioner's Request for Rehearing
37 C.P.R.§ 42.71
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Introduction
Petitioner filed a Request for Rehearing (Paper 55, "Req. Reh'g") of
our Final Decision (Paper 54, "Dec.") determining that Petitioner had not
shown, by a preponderance of the evidence, that claims 1-20 of U.S. Patent
No. 8,896,694 B2 (Ex. 1001, "the '694 patent") are unpatentable. Patent
Owner filed an Opposition (Paper 56, "Opp."), pursuant to our authorization
provided to the parties by email on November 28, 2016. For the reasons
stated below, Petitioner's Request for Rehearing is denied.
Analysis
The party requesting rehearing bears the burden of showing that a
decision should be modified. 37 C.P.R. § 42.71(d). "The request must
specifically identify all matters the party believes the Board misapprehended
or overlooked, and the place where each matter was previously addressed in
a motion, an opposition, or a reply." I d.
In the Final Decision, we determined that the evidence provided by
Petitioner was not sufficient to show that a reference relied upon in each of
Petitioner's obviousness grounds, the Go Pro Catalog (Ex. 1011 ), is a prior
art printed publication under 35 U.S.C. § 102(b ). Dec. 19-28. The entirety
of Petitioner's argument in the Petition is as follows:
The GoPro Catalog was distributed publicly at least as early as July 2009, when Go Pro attended the 2009 Tucker Rocky Dealer Show and handed the GoPro Catalog to potential customers. Thus, it is a printed publication at least as early as July 2009, and is therefore available as prior art under 35 U.S.C. § 102(b).
Paper 1, 24 ("Pet.") (citing Ex. 1012 ,-r,-r 4-11). Petitioner did not include
any further explanation in its Petition, relying solely on the cited declaration
2
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from Damon Jones, a Senior Product Manager employed by Petitioner. Id.
Petitioner later submitted a supplemental declaration from Mr. Jones
(Ex. 1022), and argued in its Reply that the GoPro Catalog qualifies as prior
art. Paper 38, 2-4 ("Reply"). We evaluated all of Petitioner's arguments
and evidence in the Final Decision. See Dec. 19-28. Based on the record
presented, we were not persuaded that Petitioner had submitted sufficient
proof that the Go Pro Catalog is a prior art printed publication, for two main
reasons: (1) Petitioner provided no evidence that the 2009 Tucker Rocky
Dealer Show was advertised or announced to the public, such that members
of the public, including persons interested and ordinarily skilled in the art, 1
would have known about it and could have obtained a copy of the Go Pro
Catalog there, and (2) Petitioner provided no evidence that the GoPro
Catalog was disseminated or otherwise made available at the 2009 Tucker
Rocky Dealer Show to persons ordinarily skilled in the art. Id. at 23-28.
Petitioner does not appear to dispute the first reason above, but as to
the second, argues that we misapprehended the case law regarding prior art
printed publications. Req. Reh' g 3-15. First, Petitioner continues to argue
that the appropriate standard to be applied to determine whether a reference
is a prior art printed publication is accessibility only to the "interested
public." I d. at 2-7. Petitioner's arguments largely repeat what it argued in
the Reply and at the oral hearing. Mere disagreement with a decision is not
a proper basis for rehearing when a party's arguments were considered and
1 We determined that, with respect to the '694 patent, a person of ordinary skill in the art would have had "at least a bachelor's degree in computer science, electrical engineering, or a similar discipline, and some experience creating, programming, or working with digital video cameras, such as [point-of-view] action sports video cameras." Dec. 18-19.
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addressed in the decision. As we stated in the Final Decision, although some
cases, such as In re Cronyn, 890 F.2d 1158, 1160 (Fed. Cir. 1989), refer
simply to "the public interested in the art," the majority of cases define the
standard as accessibility to persons interested and ordinarily skilled in the
art. Dec. 19-21. We remain persuaded that the appropriate standard is that
set forth in Blue Calypso, LLC v. Groupon, Inc., 815 F .3d 1331, 1348 (Fed.
Cir. 20 16): "A reference will be considered publicly accessible if it was
'disseminated or otherwise made available to the extent that persons
interested and ordinarily skilled in the subject matter or art exercising
reasonable diligence, can locate it"' (citation omitted).2
Second, Petitioner argues that "[i]n effect, the Board held that to
satisfy the standard [for a document to be a prior art printed publication],
Petitioner had to show that a person ordinarily skilled in the art was among
2 Petitioner cites a number of cases in its Request for Rehearing that, contrary to Petitioner's assertions, applied that standard. See, e.g., Req. Reh'g 5-11; Suffolk Techs., LLC v. AOL Inc., 752 F.3d 1358, 1364-65 (Fed. Cir. 2014); Bruckelmyer v. Ground Heaters, Inc., 445 F.3d 1374, 1379 (Fed. Cir. 2006) (clarifying that in Cronyn, the Court determined that three student theses were not publicly accessible and "[ t ]he significance of whether these theses were meaningfully catalogued or indexed was whether one skilled in the art could locate them" (emphasis added)); In re Klopfenstein, 380 F .3d 1345, 1350-52 (Fed. Cir. 2004); Massachusetts Inst. of Tech. v. AB Fortia, 774 F.2d 1104, 1108-1109 (Fed. Cir. 1985); Hilsinger Co. v. Eyeego, LLC, No. 13-cv-10594-IT, 2016 WL 5388944, at *6 (D. Mass. Sept. 26, 2016) (citing the above standard from Blue Calypso and finding that a catalog was accessible to "optical professionals" in "optical trade publications"); Eastman Kodak Co. v. CTP Innovations, LLC, Case IPR2014-00789, 20-22 (PTAB Nov. 25, 2015) (Paper 34) (finding that testimonial evidence demonstrated that "a person of ordinary skill, using reasonable diligence, could have gained access to the earlier version [of the cited reference], which reasonably would have led that person to the updated version").
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the attendees of the Tucker Rocky Show to whom the Go Pro Catalog was
distributed." Req. Reh'g 3-4, 15. According to Petitioner, decisions of the
U.S. Court of Appeals for the Federal Circuit require "a flexible standard
that has been applied in diverse contexts," and "[t]he standard has not been
applied to require that the proponent show actual distribution to a person
ordinarily skilled in the art." Id. at 4-5.
Petitioner misunderstands the Final Decision. We did not require
proof that Petitioner physically provided a copy of the Go Pro Catalog to
someone at the 2009 Tucker Rocky Dealer Show that was of ordinary skill
in the art. Rather, as Patent Owner correctly points out, we found no
evidence that persons of ordinary skill in the art would have been in
attendance at-or even aware of-the 2009 Tucker Rocky Dealer Show,
such that they could have obtained a copy there. See Dec. 25-28; Opp. 2,
8-13. This is a factor supporting Patent Owner's position that the Go Pro
Catalog was not sufficiently accessible to persons interested and of ordinary
skill in the art. See Dec. 25-28; Paper 30, 10-13. Again, Petitioner
provided no evidence during trial that the 2009 Tucker Rocky Dealer Show
was advertised to or open to the general public, such that the public would
have known about the show and could have obtained a copy of the GoPro
Catalog there, and Patent Owner presented some evidence to the contrary.
Dec. 23-25 (citing Exs. 2001, 2002, 1012 ,-r 5). Further, as explained in the
Final Decision, the 2009 Tucker Rocky Dealer Show primarily pertained to
motorcycles and other action sports vehicles and was directed to sales and
marketing personnel, but a person of ordinary skill in the art for purposes of
the '694 patent is someone with a technical background with digital video
cameras. Id. at 18-19,22-28 (citing Exs. 1012, 2001).
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Third, Petitioner argues that our conclusion in the Final Decision is
"inconsistent" with our Decision on Institution (Paper 8, "Dec. on Inst.").
Req. Reh'g 4, 7, 12-14. Petitioner is incorrect. At the institution stage, the
standard for institution is "a reasonable likelihood that the petitioner would
prevail with respect to at least 1 of the claims challenged in the petition,"
and we look for only a threshold showing that an asserted reference is prior
art. See 35 U.S.C. § 314(a); Dec. on Inst. 13. At the final decision stage,
however, a petitioner has the burden of providing unpatentability by a
preponderance of the evidence. 35 U.S.C. § 316(e). There is no
inconsistency between finding a reasonable likelihood of prevailing at the
time of institution and less than a preponderance of the evidence in a final
decision. Indeed, at institution, "the Board is considering the matter
preliminarily without the benefit of a full record." Trivascular, Inc. v.
Samuels, 812 F.3d 1056, 1068 (Fed. Cir. 2016). "The Board is free to
change its view of the merits after further development of the record, and
should do so if convinced its initial inclinations were wrong. To conclude
otherwise would collapse these two very different analyses into one .... "
I d. We stated in the Decision on Institution that our finding of a threshold
showing by Petitioner was "[b ]ased on the current record." Dec. on Inst. 17
("The fact that we institute an inter partes review on a not fully developed
record is not dispositive of the ultimate legal conclusion as to whether the
GoPro Catalog qualifies as prior art. That conclusion will be based on a
preponderance of the fully developed record evidence.").
Further, to the extent Petitioner asserts an inconsistency by virtue of
the fact that we cited the "public interested in the art" language from
Cronyn, 890 F.2d at 1160, in the Decision on Institution, but cited the
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"persons interested and ordinarily skilled in the subject matter or art"
language from Blue Calypso, 815 F.3d at 1348, in the Final Decision, we are
not persuaded. See Req. Reh'g 7, 12-14. Petitioner overlooks the fact that
in the Decision on Institution, we also stated the following:
"A reference is publicly accessible 'upon a satisfactory showing that such document has been disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence, can locate it."' Kyocera Wireless Corp. v. fTC, 545 F.3d 1340, 1350-51 (Fed. Cir. 2008) (citation omitted).
Dec. on Inst. 13. This formulation of the test for public accessibility is the
same one set forth in Blue Calypso. See 815 F.3d at 1348 (citing Kyocera,
545 F.3d at 1350); Dec. 19-21. Regardless, the issue to be decided now is
whether we misapprehended or overlooked any matters in rendering the
Final Decision, and Petitioner's arguments regarding slight differences in
wording between the Decision on Institution and Final Decision do not
demonstrate that we did.
Fourth, Petitioner argues that the facts in this proceeding are
analogous to or distinguishable from a number of prior cases. Req. Reh'g
8-15. We could not have misapprehended or overlooked arguments not
made in a party's papers. Petitioner had the opportunity to analogize or
distinguish the facts of these cases in its Petition and Reply, but did not do
so. See Pet. 24; Reply 2-4. A request for rehearing is not an opportunity to
supplement the record with new substantive argument. Nevertheless, we
agree with Patent Owner's arguments in its Opposition, see Opp. 4-13, and
respond specifically to the following points made by Petitioner.
Petitioner asserts throughout its Request for Rehearing that the GoPro
Catalog was "widely" distributed. See, e.g., Req. Reh'g 3, 6, 9, 10. For the
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reasons explained in the Final Decision, we do not see how distribution at a
single trade show for sales and marketing personnel, only tangentially
related (at best) to the art to which the '694 patent pertains, and with no
evidence that the show was advertised to or open to the public, amounts to
"wide" distribution that would qualify it as a prior art printed publication.
See Dec. 22-28.
Petitioner also argues that the 2009 Tucker Rocky Dealer Show was
"for 'vendors, dealers, retailers, customers and enthusiasts' of action sports
vehicles and accessories." Req. Reh'g 11 (citing Ex. 1012 ,-r 4). According
to Petitioner,
[t]here is no reason why this broad group could not include persons of skill in the art and there is no indication that people with technical backgrounds fitting the definition of persons ordinarily skilled in the art were excluded from the show. To the contrary, it is reasonable to infer, as does the majority of the case law that such persons would be found among these groups.
Id. at 11-12. Petitioner's double-negative argument ignores that it is
Petitioner's burden to establish the Go Pro Catalog as a prior art printed
publication. Petitioner provided no evidence that an ordinarily skilled
artisan with a technical background with digital video cameras would have
known about or likely attended the 2009 Tucker Rocky Dealer Show. Dec.
22-28. Given the lack of supporting evidence in the record, speculation that
such an individual could have done so is insufficient to meet Petitioner's
burden.
Finally, we note that Petitioner argues a number of times in its
Request for Rehearing that it made the GoPro Catalog available via "direct
mail," "email," and on Petitioner's "website" for "nearly two months" after
the 2009 Tucker Rocky Dealer Show. Req. Reh'g 2, 11-12, 14. We pointed
8
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out in the Final Decision, and emphasize again, that Petitioner provided no
underlying facts or evidence to substantiate this, other than Mr. Jones's bare
statement that Petitioner "continued to distribute and otherwise make
available the Go Pro Catalog to [Petitioner's] actual and potential customers,
dealers and retailers through its website, direct mail, and other means of
distribution." See Dec. 22 n.8; Ex. 1012 ,-r 11; Ex. 1022 ,-r 10. We are not
persuaded that simply stating that a document was available "by mail" or
"on a website," without additional detail, is sufficient to demonstrate public
accessibility of a reference. See Blue Calypso, 815 F.3d at 1349-50
(analyzing the underlying facts regarding a report posted on a website,
including the lack of evidence that anyone "viewed or downloaded" the
report or that "a query of a search engine" would have led to it). For
example, Petitioner does not tell us the website to which it is referring from
2009, identify or provide a copy of the specific web page from which the
GoPro Catalog allegedly could have been downloaded, or explain in any
detail how someone could have obtained a hard copy via mail. Without
supporting evidence from Petitioner, we are unable to determine how
potential availability online or by mail impacts the analysis, and are left only
with Petitioner's evidence regarding the 2009 Tucker Rocky Dealer Show,
as explained in the Final Decision. See Dec. 22-28 & n.8.
It was Petitioner's burden to prove unpatentability by a preponderance
of the evidence, including proving that the Go Pro Catalog qualifies as a prior
art printed publication under 35 U.S.C. § 102(b ). See Pet. 24; 35 U.S.C.
§ 316( e); In re Magnum Oil Tools Int '1, Ltd., 829 F .3d 1364, 1375-80 (Fed.
Cir. 2016); Blue Calypso, 815 F.3d at 1348-51 (affirming Board decision
that the petitioner "failed to carry its burden of proving public accessibility"
9
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of an asserted reference); Dynamic Drinkware, LLC v. National Graphics,
Inc., 800 F.3d 1375, 1378-79 (Fed. Cir. 2015) ("In an inter partes review,
the burden of persuasion is on the petitioner to prove 'unpatentability by a
preponderance of the evidence,' and that burden never shifts to the patentee.
'Failure to prove the matter as required by the applicable standard means
that the party with the burden of persuasion loses on that point-thus, if the
fact trier of the issue is left uncertain, the party with the burden loses."'
(citations omitted)). The limited evidence and argument provided by
Petitioner during trial did not suffice to meet that burden, for the reasons
explained in the Final Decision. See Dec. 19-28.
Based on the foregoing discussion, we determine that Petitioner has
not carried its burden of demonstrating that we misapprehended or
overlooked any matters in the Final Decision as required by 3 7 C.F .R.
§ 42.71(d).
In consideration of the foregoing, it is hereby:
ORDERED that Petitioner's Request for Rehearing is denied.
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PETITIONER:
Patrick D. McPherson David T. Xue John M. Baird Karineh Khachatourian DUANE MORRIS LLP [email protected] [email protected] [email protected]
PATENT OWNER:
Nicole M. Jantzi Paul M. Schoenhard McDERMOTT WILL & EMERY LLP [email protected] [email protected]
11
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[email protected] 571-272-7822
Paper 60 Entered: February 16,2017
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
GOPRO, INC., Petitioner,
v.
CONTOUR IP HOLDING LLC, Patent Owner.
Case IPR2015-01080 Patent 8,890,954 B2
Before illSTIN T. ARBES, MICHAEL J. FITZPATRICK, and NEll.- T. POWELL, Administrative Patent Judges.
ARBES, Administrative Patent Judge.
DECISION Petitioner's Request for Rehearing
37 C.P.R.§ 42.71
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Introduction
Petitioner filed a Request for Rehearing (Paper 56, "Req. Reh'g") of
our Final Decision (Paper 55, "Dec.") determining that Petitioner had not
shown, by a preponderance of the evidence, that claims 1, 2, and 11-3 0 of
U.S. Patent No. 8,890,954 B2 (Ex. 1001, "the '954 patent") are
unpatentable. Patent Owner filed an Opposition (Paper 57, "Opp."),
pursuant to our authorization provided to the parties by email on November
28, 2016. For the reasons stated below, Petitioner's Request for Rehearing
is denied.
Analysis
The party requesting rehearing bears the burden of showing that a
decision should be modified. 37 C.P.R. § 42.71(d). "The request must
specifically identify all matters the party believes the Board misapprehended
or overlooked, and the place where each matter was previously addressed in
a motion, an opposition, or a reply." I d.
In the Final Decision, we determined that the evidence provided by
Petitioner was not sufficient to show that a reference relied upon in each of
Petitioner's obviousness grounds, the Go Pro Catalog (Ex. 1011 ), is a prior
art printed publication under 35 U.S.C. § 102(b ). Dec. 18-28. The entirety
of Petitioner's argument in the Petition is as follows:
The GoPro Catalog was distributed publicly at least as early as July 2009, when Go Pro attended the 2009 Tucker Rocky Dealer Show and handed the GoPro Catalog to potential customers. Thus, it is a printed publication at least as early as July 2009, and is therefore available as prior art under 35 U.S.C. § 102(b).
2
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Paper 1, 26 ("Pet.") (citing Ex. 1012 ,-r,-r 4-11). Petitioner did not include
any further explanation in its Petition, relying solely on the cited declaration
from Damon Jones, a Senior Product Manager employed by Petitioner. Id.
Petitioner later submitted a supplemental declaration from Mr. Jones
(Ex. 1022), and argued in its Reply that the GoPro Catalog qualifies as prior
art. Paper 38, 2-4 ("Reply"). We evaluated all of Petitioner's arguments
and evidence in the Final Decision. See Dec. 18-28. Based on the record
presented, we were not persuaded that Petitioner had submitted sufficient
proof that the Go Pro Catalog is a prior art printed publication, for two main
reasons: (1) Petitioner provided no evidence that the 2009 Tucker Rocky
Dealer Show was advertised or announced to the public, such that members
of the public, including persons interested and ordinarily skilled in the art, 1
would have known about it and could have obtained a copy of the Go Pro
Catalog there, and (2) Petitioner provided no evidence that the GoPro
Catalog was disseminated or otherwise made available at the 2009 Tucker
Rocky Dealer Show to persons ordinarily skilled in the art. Id. at 23-28.
Petitioner does not appear to dispute the first reason above, but as to
the second, argues that we misapprehended the case law regarding prior art
printed publications. Req. Reh'g 3-15. First, Petitioner continues to argue
that the appropriate standard to be applied to determine whether a reference
is a prior art printed publication is accessibility only to the "interested
public." I d. at 2-7. Petitioner's arguments largely repeat what it argued in
1 We determined that, with respect to the '954 patent, a person of ordinary skill in the art would have had "at least a bachelor's degree in computer science, electrical engineering, or a similar discipline, and some experience creating, programming, or working with digital video cameras, such as [point-of-view] action sports video cameras." Dec. 18.
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the Reply and at the oral hearing. Mere disagreement with a decision is not
a proper basis for rehearing when a party's arguments were considered and
addressed in the decision. As we stated in the Final Decision, although some
cases, such as In re Cronyn, 890 F.2d 1158, 1160 (Fed. Cir. 1989), refer
simply to "the public interested in the art," the majority of cases define the
standard as accessibility to persons interested and ordinarily skilled in the
art. Dec. 19-21. We remain persuaded that the appropriate standard is that
set forth in Blue Calypso, LLC v. Groupon, Inc., 815 F .3d 1331, 1348 (Fed.
Cir. 20 16): "A reference will be considered publicly accessible if it was
'disseminated or otherwise made available to the extent that persons
interested and ordinarily skilled in the subject matter or art exercising
reasonable diligence, can locate it"' (citation omitted).2
2 Petitioner cites a number of cases in its Request for Rehearing that, contrary to Petitioner's assertions, applied that standard. See, e.g., Req. Reh'g 5-11; Suffolk Techs., LLC v. AOL Inc., 752 F.3d 1358, 1364-65 (Fed. Cir. 2014); Bruckelmyer v. Ground Heaters, Inc., 445 F.3d 1374, 1379 (Fed. Cir. 2006) (clarifying that in Cronyn, the Court determined that three student theses were not publicly accessible and "[ t ]he significance of whether these theses were meaningfully catalogued or indexed was whether one skilled in the art could locate them" (emphasis added)); In re Klopfenstein, 380 F .3d 1345, 1350-52 (Fed. Cir. 2004); Massachusetts Inst. of Tech. v. AB Fortia, 774 F.2d 1104, 1108-1109 (Fed. Cir. 1985); Hilsinger Co. v. Eyeego, LLC, No. 13-cv-10594-IT, 2016 WL 5388944, at *6 (D. Mass. Sept. 26, 2016) (citing the above standard from Blue Calypso and finding that a catalog was accessible to "optical professionals" in "optical trade publications"); Eastman Kodak Co. v. CTP Innovations, LLC, Case IPR2014-00789, 20-22 (PTAB Nov. 25, 2015) (Paper 34) (finding that testimonial evidence demonstrated that "a person of ordinary skill, using reasonable diligence, could have gained access to the earlier version [of the cited reference], which reasonably would have led that person to the updated version").
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Second, Petitioner argues that "[i]n effect, the Board held that to
satisfy the standard [for a document to be a prior art printed publication],
Petitioner had to show that a person ordinarily skilled in the art was among
the attendees of the Tucker Rocky Show to whom the Go Pro Catalog was
distributed." Req. Reh'g 4, 15. According to Petitioner, decisions of the
U.S. Court of Appeals for the Federal Circuit require "a flexible standard
that has been applied in diverse contexts," and "[t]he standard has not been
applied to require that the proponent show actual distribution to a person
ordinarily skilled in the art." Id. at 4-5.
Petitioner misunderstands the Final Decision. We did not require
proof that Petitioner physically provided a copy of the Go Pro Catalog to
someone at the 2009 Tucker Rocky Dealer Show that was of ordinary skill
in the art. Rather, as Patent Owner correctly points out, we found no
evidence that persons of ordinary skill in the art would have been in
attendance at-or even aware of-the 2009 Tucker Rocky Dealer Show,
such that they could have obtained a copy there. See Dec. 25-28; Opp. 2,
8-13. This is a factor supporting Patent Owner's position that the Go Pro
Catalog was not sufficiently accessible to persons interested and of ordinary
skill in the art. See Dec. 25-28; Paper 30, 11-13. Again, Petitioner
provided no evidence during trial that the 2009 Tucker Rocky Dealer Show
was advertised to or open to the general public, such that the public would
have known about the show and could have obtained a copy of the GoPro
Catalog there, and Patent Owner presented some evidence to the contrary.
Dec. 23-24 (citing Exs. 2001, 2002, 1012 ,-r 5). Further, as explained in the
Final Decision, the 2009 Tucker Rocky Dealer Show primarily pertained to
motorcycles and other action sports vehicles and was directed to sales and
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marketing personnel, but a person of ordinary skill in the art for purposes of
the '954 patent is someone with a technical background with digital video
cameras. Id. at 18,23-28 (citing Exs. 1012, 2001).
Third, Petitioner argues that our conclusion in the Final Decision is
"inconsistent" with our Decision on Institution (Paper 8, "Dec. on Inst.").
Req. Reh'g 4, 7, 12-14. Petitioner is incorrect. At the institution stage, the
standard for institution is "a reasonable likelihood that the petitioner would
prevail with respect to at least 1 of the claims challenged in the petition,"
and we look for only a threshold showing that an asserted reference is prior
art. See 35 U.S.C. § 314(a); Dec. on Inst. 12-13. At the final decision stage,
however, a petitioner has the burden of providing unpatentability by a
preponderance of the evidence. 35 U.S.C. § 316(e). There is no
inconsistency between finding a reasonable likelihood of prevailing at the
time of institution and less than a preponderance of the evidence in a final
decision. Indeed, at institution, "the Board is considering the matter
preliminarily without the benefit of a full record." Trivascular, Inc. v.
Samuels, 812 F.3d 1056, 1068 (Fed. Cir. 2016). "The Board is free to
change its view of the merits after further development of the record, and
should do so if convinced its initial inclinations were wrong. To conclude
otherwise would collapse these two very different analyses into one .... "
I d. We stated in the Decision on Institution that our finding of a threshold
showing by Petitioner was "[b ]ased on the current record." Dec. on Inst. 17
("The fact that we institute an inter partes review on a not fully developed
record is not dispositive of the ultimate legal conclusion as to whether the
GoPro Catalog qualifies as prior art. That conclusion will be based on a
preponderance of the fully developed record evidence.").
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Further, to the extent Petitioner asserts an inconsistency by virtue of
the fact that we cited the "public interested in the art" language from
Cronyn, 890 F.2d at 1160, in the Decision on Institution, but cited the
"persons interested and ordinarily skilled in the subject matter or art"
language from Blue Calypso, 815 F.3d at 1348, in the Final Decision, we are
not persuaded. See Req. Reh'g 7, 12-14. Petitioner overlooks the fact that
in the Decision on Institution, we also stated the following:
"A reference is publicly accessible 'upon a satisfactory showing that such document has been disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence, can locate it."' Kyocera Wireless Corp. v. fTC, 545 F.3d 1340, 1350-51 (Fed. Cir. 2008) (citation omitted).
Dec. on Inst. 13. This formulation of the test for public accessibility is the
same one set forth in Blue Calypso. See 815 F.3d at 1348 (citing Kyocera,
545 F.3d at 1350); Dec. 19-21. Regardless, the issue to be decided now is
whether we misapprehended or overlooked any matters in rendering the
Final Decision, and Petitioner's arguments regarding slight differences in
wording between the Decision on Institution and Final Decision do not
demonstrate that we did.
Fourth, Petitioner argues that the facts in this proceeding are
analogous to or distinguishable from a number of prior cases. Req. Reh'g
8-15. We could not have misapprehended or overlooked arguments not
made in a party's papers. Petitioner had the opportunity to analogize or
distinguish the facts of these cases in its Petition and Reply, but did not do
so. See Pet. 26; Reply 2-4. A request for rehearing is not an opportunity to
supplement the record with new substantive argument. Nevertheless, we
7
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agree with Patent Owner's arguments in its Opposition, see Opp. 4-13, and
respond specifically to the following points made by Petitioner.
Petitioner asserts throughout its Request for Rehearing that the GoPro
Catalog was "widely" distributed. See, e.g., Req. Reh'g 3, 6, 9, 10. For the
reasons explained in the Final Decision, we do not see how distribution at a
single trade show for sales and marketing personnel, only tangentially
related (at best) to the art to which the '954 patent pertains, and with no
evidence that the show was advertised to or open to the public, amounts to
"wide" distribution that would qualify it as a prior art printed publication.
See Dec. 23-28.
Petitioner also argues that the 2009 Tucker Rocky Dealer Show was
"for 'vendors, dealers, retailers, customers and enthusiasts' of action sports
vehicles and accessories." Req. Reh'g 11-12 (citing Ex. 1012 ,-r 4).
According to Petitioner,
[t]here is no reason why this broad group could not include persons of skill in the art and there is no indication that people with technical backgrounds fitting the definition of persons ordinarily skilled in the art were excluded from the show. To the contrary, it is reasonable to infer, as does the majority of the case law that such persons would be found among these groups.
Id. at 12. Petitioner's double-negative argument ignores that it is
Petitioner's burden to establish the Go Pro Catalog as a prior art printed
publication. Petitioner provided no evidence that an ordinarily skilled
artisan with a technical background with digital video cameras would have
known about or likely attended the 2009 Tucker Rocky Dealer Show. Dec.
23-28. Given the lack of supporting evidence in the record, speculation that
such an individual could have done so is insufficient to meet Petitioner's
burden.
8
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Finally, we note that Petitioner argues a number of times in its
Request for Rehearing that it made the GoPro Catalog available via "direct
mail," "email," and on Petitioner's "website" for "nearly two months" after
the 2009 Tucker Rocky Dealer Show. Req. Reh'g 2, 11-12, 14. We pointed
out in the Final Decision, and emphasize again, that Petitioner provided no
underlying facts or evidence to substantiate this, other than Mr. Jones's bare
statement that Petitioner "continued to distribute and otherwise make
available the Go Pro Catalog to [Petitioner's] actual and potential customers,
dealers and retailers through its website, direct mail, and other means of
distribution." See Dec. 21-22 n.8; Ex. 1012 ,-r 11; Ex. 1022 ,-r 10. We are
not persuaded that simply stating that a document was available "by mail" or
"on a website," without additional detail, is sufficient to demonstrate public
accessibility of a reference. See Blue Calypso, 815 F.3d at 1349-50
(analyzing the underlying facts regarding a report posted on a website,
including the lack of evidence that anyone "viewed or downloaded" the
report or that "a query of a search engine" would have led to it). For
example, Petitioner does not tell us the website to which it is referring from
2009, identify or provide a copy of the specific web page from which the
GoPro Catalog allegedly could have been downloaded, or explain in any
detail how someone could have obtained a hard copy via mail. Without
supporting evidence from Petitioner, we are unable to determine how
potential availability online or by mail impacts the analysis, and are left only
with Petitioner's evidence regarding the 2009 Tucker Rocky Dealer Show,
as explained in the Final Decision. See Dec. 21-28 & n.8.
It was Petitioner's burden to prove unpatentability by a preponderance
of the evidence, including proving that the Go Pro Catalog qualifies as a prior
9
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art printed publication under 35 U.S.C. § 102(b ). See Pet. 26; 35 U.S.C.
§ 316( e); In re Magnum Oil Tools Int '1, Ltd., 829 F .3d 1364, 1375-80 (Fed.
Cir. 2016); Blue Calypso, 815 F.3d at 1348-51 (affirming Board decision
that the petitioner "failed to carry its burden of proving public accessibility"
of an asserted reference); Dynamic Drinkware, LLC v. National Graphics,
Inc., 800 F.3d 1375, 1378-79 (Fed. Cir. 2015) ("In an inter partes review,
the burden of persuasion is on the petitioner to prove 'unpatentability by a
preponderance of the evidence,' and that burden never shifts to the patentee.
'Failure to prove the matter as required by the applicable standard means
that the party with the burden of persuasion loses on that point-thus, if the
fact trier of the issue is left uncertain, the party with the burden loses."'
(citations omitted)). The limited evidence and argument provided by
Petitioner during trial did not suffice to meet that burden, for the reasons
explained in the Final Decision. See Dec. 18-28.
Based on the foregoing discussion, we determine that Petitioner has
not carried its burden of demonstrating that we misapprehended or
overlooked any matters in the Final Decision as required by 37 C.P.R.
§ 42.71(d).
In consideration of the foregoing, it is hereby:
ORDERED that Petitioner's Request for Rehearing is denied.
10
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PETITIONER:
Patrick D. McPherson David T. Xue John M. Baird Karineh Khachatourian DUANE MORRIS LLP [email protected] [email protected] [email protected]
PATENT OWNER:
Nicole M. Jantzi Paul M. Schoenhard McDERMOTT WILL & EMERY LLP [email protected] [email protected]
11
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c12) United States Patent O'Donnell et al.
(54) PORTABLE DIGITAL VIDEO CAMERA CONFIGURED FOR REMOTE IMAGE ACQUISITION CONTROL AND VIEWING
(75) Inventors: Laura O'Donnell, Hermosa Beach, CA (US); Richard Mander, Bainbridge, WA (US); Michael Denton, Christchurch (NZ); Ben Bodley, Auckland (NZ); Alan Tompkins, Ferny Grove (AU); Keith Gurganus, San Diego, CA (US); Kelvin P. Barnsdale, Christchurch (NZ); Simon Third, Christchurch (NZ); Carm Pierce, Stanwood, WA (US); Carl Perkins, Seallle, WA (US)
(73) Assignee: Contour, LLC, Provo, UT (US) ( *) Notice: Subject to any disclaimer, the term of this
patent is extended or adjusted under 35 U .S.C. 154(b) by 0 days.
This patent is subject to a terminal disclaimer.
(21) Appl. No.: (22) PCT Filed: (86) PCT No.:
13/822,255 Sep. 13, 2011 PCT/US2011!051418
§ 371 (c)(l), (2), (4) Date: Sep. 20,2013
(87) PCT Pub. No. W02012/037139
PCT Pub. Date: Mar. 22, 2012
(65)
(60)
(51)
(52)
Prior Publication Data
US 2014/0049636 AI Feb. 20, 2014 Related U.S. Application Data
Provisional application No. 61/382,404, filed on Sep. 13, 2010.
Int. Cl. H04N9147 H04N51232 G08C 17102 H04N51225 H04N7118 G06F 19100 G08B 13/196 H04N211218 H04N 2112343 H04N 2112365 H04N 2112385 H04N211258 H04N 2112662 H04N211462 U.S. Cl.
(2006.01) (2006.01) (2006.01) (2006.01) (2006.01) (2011.01) (2006.01) (2011.01) (2011.01) (2011.01) (2011.01) (2011.01) (2011.01) (2011.01)
CPC ............ H04N 5123206 (2013.01); G08C 17102 (2013.01); H04N 512251 (2013.01); H04N 7118
(2013.01); G06F 1913418 (2013.01); G08B
111111 1111111111111111111111111111111111111111111111111111111111111 US008890954B2
(10) Patent No.: US 8,890,954 B2 (45) Date of Patent: *Nov. 18, 2014
13119641 (2013.01); G08B 1311966 (2013.01); G08B 13119682 (2013.01); G08B 13119684
(2013.01); H04N 71181 (2013.01); H04N 71183 (2013.01); H04N 21121805 (2013.01); H04N
211234363 (2013.01); H04N 2112365 (2013.01); H04N 2112385 (2013.01); H04N
21125825 (2013.01); H04N 21/2662 (2013.01); H04N 2114621 (2013.01)
USPC ............ 348/143; 348/157: 725/105; 600/300 (58) Field of Classification Search
CPC ......... GOSC 17/02; H04N 512251; H04N7/18 USPC .......................................................... 348/143 See application file for complete search history.
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(Continued) Primary Examiner- Sath V Perungavoor Assistant Examiner- Dakshesh Parikh (74) Attorney, Agent, or Firm- Knobbe, Martens, Olson & Bear, LLP
(57) ABSTRACT
A wearable digital video camera (10) is equipped with wireless connection protocol and global navigation and location positioning system technology to provide remote image acquisition control and viewing. The Bluetooth® packetbased open wireless technology standard protocol ( 400) is preferred for use in providing control signals or streaming data to the digital video camera and for accessing image content stored on or streaming from the digital video camera. The GPS technology ( 402) is preferred for use in tracking of the location of the digital video camera as it records image information. A rotating mount (300) with a locking member (330) on the camera housing (22) allows adjustment of the pointing angle of the wearable digital video camera when it is attached to a mounting surface.
30 Claims, 35 Drawing Sheets
GOPR0-1 001, Page 001
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contour-adds-live-viewfinder-to-its-contourgps-helmet-cam-real/, Jan. 5, 2011. Stevens, Tim, Contour Announces 1080p ContourGPS helmetcam, Lets Friends Locate Your Extreme Exploits (video), retrieved from the Internet on Jul. 3, 2014: http://www.engadget.com/2010/09/13/ contour -announces-! 0 80p-contourgps-helmetcam -lets-friendslocat/, 2011. Twenty20 VHoldR Helmet Camera-Press Release, retrieved from the Internet on Jul. 15, 2014: http:/ /helmetcameracentral.corn/2007 I 08/08/twenty20-k:ills-the-helmet-cam-with-vholdr-%E2%80%93-the-next-gen-wearable-camcorder/, Aug. 8, 2007, Seattle, WA. Happich, Julien, Ambarella targets pocket -sized hybrid cameras with its ASs SoCs, eetimes.com, retrieved from the Internet on Jul. 17, 2014: http:/ /www.eetimes.com/document.asp?doc_id~ 1270493, Jan. 7, 2010, Cambridge, UK.
* cited by examiner
GOPR0-1 001, Page 004
Appx95
Case: 17-1894 Document: 20 Page: 149 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 1 of 35 US 8,890,954 B2
FIG. 1A (Prior Art)
FIG. 1B (Prior Art)
Appx96
FIG« 10 (Prior Art)
GOPR0-1 001, Page 005
Case: 17-1894 Document: 20 Page: 150 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014
FIG. 2A (Prior Art)
Sheet 2 of 35
Appx97
US 8,890,954 B2
FIG. 28 (Prior Art)
GOPR0-1 001, Page 006
Case: 17-1894 Document: 20 Page: 151 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 3 of 35
10 /
80
124 112
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106
US 8,890,954 B2
,-52 -....... 26
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Case: 17-1894 Document: 20 Page: 152 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 4 of 35
10 80 90 "'..... Hl--------____.1:::;::=:::::!:;:;:::;?
28
112
48
US 8,890,954 B2
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Case: 17-1894 Document: 20 Page: 153 Filed: 07/31/2017
U.S. Patent Nov. 18,2014
90
112
Sheet 5 of 35
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US 8,890,954 B2
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GOPR0-1 001, Page oog
Case: 17-1894 Document: 20 Page: 154 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 6 of 35 US 8,890,954 B2
FIG. 5
GOPR0-1001, Page 010
AppxlOl
Case: 17-1894 Document: 20 Page: 155 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014
0 0 ..,.--
Sheet 7 of 35
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GOPR0-1 001, Page 011
Case: 17-1894 Document: 20 Page: 156 Filed: 07/31/2017
> "0 "0 ~
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= N
Case: 17-1894 Document: 20 Page: 157 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 9 of 35 US 8,890,954 B2
120
/
142
64
132 30
FIG. 12
' 126
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GOPR0-1001, Page 013
Appx104
Case: 17-1894 Document: 20 Page: 158 Filed: 07/31/2017
> "0 "0 ~
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d rJl
'.0010 010 \Q
--= \Q Ul ~
= N
Case: 17-1894 Document: 20 Page: 159 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 11 of 35 US 8,890,954 B2
132a
130a
130a
170 FIG. 13C FIG. 138
160
FIG. 130 FIG. 13E
GOPR0-1001, Page 015
Appx106
Case: 17-1894 Document: 20 Page: 160 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 12 of 35 US 8,890,954 B2
,....-----\7'-f
FIG. 14A
132b
\ 160b
-172
;.}----~
FIG. 148 FIG. 14C
160b 172
FIG. 140
GOPR0-1 001, Page 016
Appx107
Case: 17-1894 Document: 20 Page: 161 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 13 of 35 US 8,890,954 B2
FIG. 15A 13oc
130e
126e_... 132c
FIG. 15B 130:.: 180
182 /"
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130d
FIG. 16
GOPR0-1001, Page 017
Appx108
Case: 17-1894 Document: 20 Page: 162 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 14 of 35
_j
FIG. 17
Appx109
;
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US 8,890,954 B2
194
GOPR0-1001, Page 018
Case: 17-1894 Document: 20 Page: 163 Filed: 07/31/2017
U.S. Patent Nov. 18,2014 Sheet 15 of 35 US 8,890,954 B2
140 126g
/
214
216
FIG. 18
GOPR0-1001, Page o1g
AppxllO
Case: 17-1894 Document: 20 Page: 164 Filed: 07/31/2017
U.S. Patent
302
302
142
Nov. 18, 2014 Sheet 16 of 35
140
9 ---140 ~
-----------------------------u=-=-~--~~----
Appxlll
318
US 8,890,954 B2
FIG. 19
300
/ 130h
142
144
138
FIG. 20
GOPR0-1 001, Page 020
Case: 17-1894 Document: 20 Page: 165 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 17 of 35 US 8,890,954 B2
FIG. 21
304 314
302
316
~ 318
FIG. 22
GOPR0-1 001, Page 021
Appx112
Case: 17-1894 Document: 20 Page: 166 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 18 of 35 US 8,890,954 B2
346
336 FIG. 23C
334
~3~~ ,L3
~2
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332
346
354
FIG. 238 FIG. 23E
GOPR0-1 001, Page 022
Appx113
Case: 17-1894 Document: 20 Page: 167 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 19 of 35 US 8,890,954 B2
362
374
FIG. 24
GOPR0-1 001, Page 023
Appx114
Case: 17-1894 Document: 20 Page: 168 Filed: 07/31/2017
> "0 "0 ~
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CAMERA ROTATED 90° ANTICLOCKWISE
FIG. 25A
10
I IU 10
I .rBO 2,2 1
48 LENS VERTICAL
CAMERA VERTICAL
LENS VERTICAL CAMERA ROTATED 90°
CLOCKWISE
FIG. 25C FIG. 258 8o
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185°
10/
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10
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CAMERA INVERTED
FIG. 250
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Case: 17-1894 Document: 20 Page: 169 Filed: 07/31/2017
> "0 "0 ~
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= N
Case: 17-1894 Document: 20 Page: 170 Filed: 07/31/2017
ll.s P · ate11t No" 1 . 8, 2014
FIG 2 . 8
Appx117
Sheet22 otJs us 8 ,890 954
' B2
GOPR0-1 001, Page 026
Case: 17-1894 Document: 20 Page: 171 Filed: 07/31/2017
\}.S. -patent 456 402
I 4so
456 402
I
GOPR0-1 001 p ' age 027
Appx118
Case: 17-1894 Document: 20 Page: 172 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 24 of 35 US 8,890,954 B2
500 400
~ Bluetooth Module
Main Processor
"0 () (') (J)
Y¢ c L... 0 C0.8 ~::t> Ill CD .., (') ...... (.) 0-o a..c _Q Q)
u~ o-o
(f) c CD - .., c rn CD ;:::::;:
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I I 514 502
504 10
FIG. 30
GOPR0-1 001, Page 028
Appx119
Case: 17-1894 Document: 20 Page: 173 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014
-------------------~&~-::~~~-~~ Camera
Press button to Start Bluetooth connection
Sheet 25 of 35 US 8,890,954 B2
,-' ,' 510
-------------~~: ____________ _
Viewer I Controller
Viewer/Controller is On and BT is Enabled
• Bluetooth module turns l)) 1---------'
on and attempt to connect
Bluetooth Module passes challenge
~ Processor passes challenge
~ Apple Coprocessor sends w/ security codes
~ Processor passes codes
~ Bluetooth Module passes codes
Camera enable BT data transfer
l))
I
-----------------------------~
Request BT connection
Receives BT request
(~ Yes
'---------; Apple Device
FIG. 31
Appx120
I I I I I
sends security challenge
iPhone confirms security codes
BT data allowed & App launches
L------------------------------
GOPR0-1 001, Page 029
Case: 17-1894 Document: 20 Page: 174 Filed: 07/31/2017
U.S. Patent
_,,--90
---------~:~-------
Bluetooth Mic
Pairing Complete
Nov. 18, 2014 Sheet 26 of 35
------ -~:~-:::~~~----Camera
Camera is on and paired with Controller
.----____L_---, ~) 1-------' Forward Pair request for confirmation
'-------1 (~ Confirm
Pairing
Ready for Recording
L---------------------
FIG. 32
Mic Pair Request
Appx121
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US 8,890,954 B2
,-510'
----------~:~~': __________ _
Controller
Controller is paired & Control App is Active
Prompt for passcode (if req'd by mic)
L--------------------------
GOPR0-1 001, Page 030
Case: 17-1894 Document: 20 Page: 175 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 27 of 35 US 8,890,954 B2
___ _,.-1 0
----------------~-------------
Camera
Camera is on and paired with Viewer I Controller
Enable BT data transfer
permitted
Request data
~~~--~~~----~ Take photos in rapid Photos And succession (-1/5 sec) Camera Status
-------------------------------·
Mounting
Adjust Mount '----'--+
Angle I Position
-------------------------------·
FIG. 33
Appx122
_,------51 0 .---------------------------1 I
:viewer/Controller
Viewer Controller is paired
Launch Control/ Viewer Application
(~ Request Fast Photo Transfer
Display photos near real-time
No
Yes
Position Adjustment Complete
GOPR0-1 001, Page 031
Case: 17-1894 Document: 20 Page: 176 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 28 of 35 US 8,890,954 B2
,--10
------------~~:~~: ____________ _
Camera
Camera is on and paired with Viewer I Controller
Enable BT data
BT data transfer permitted
Request data
~--~----~~~------~ Photos And
Camera Status
Modify Lighting I color settings New Settings
FIG. 34
Appx123
-------510 ----------~~----------------
Viewer/Controller
Viewer Controller
! No
(~ Alter lighting and color settings
Setting Adjustment Complete
GOPR0-1 001, Page 032
Case: 17-1894 Document: 20 Page: 177 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 29 of 35 US 8,890,954 B2
'10 ,, .. '"''
----------~~--------------
r.---
Camera
Camera is on and paired with Viewer I Controller
Enable BT data transfer
1 Take photos in rapid succession (-1/5 sec)
--!----- Modify Lighting I color settings
FIG. 35
permitted
Request data
Photos And Camera Status
New Settings
Setting Adjustment Complete
Appx124
Viewer/Controller
Viewer/Controller
Display photos near real-time
Analyze photo color, lighting, position
•-------------------------------
GOPR0-1 001, Page 033
Case: 17-1894 Document: 20 Page: 178 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014
z
X
(Master) Camera 1 532
Before position and color correction
FIG. 36
536 ~
Sheet 30 of 35 US 8,890,954 B2
Color and Position Chart
;:; '10 530
534
32
After position and color matching
GOPR0-1 001, Page 034
Appx125
Case: 17-1894 Document: 20 Page: 179 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 31 of 35
-------102 -----------J~-------
(Slave) Camera 2
Camera enable BT data transfer
Modify Lighting I color settings
~---------------------
FIG. 37
_ __,101
' ' '
-----------~~ .. :: ____ _ (Master) Camera 1
Camera is on and paired with Apple Device
Pass on Slave Camera data
Pass command to Slave Cam
~---------------------
Appx126
Slave Cam Photos I Status
' '
US 8,890,954 B2
/510 , .... "''
----~--------------
iPhone/ iPod/iPad
Apple device paired & App is Active
Display Slave Cam photos I data
' ' , ____________________ _
GOPR0-1 001, Page 035
Case: 17-1894 Document: 20 Page: 180 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 32 of 35 US 8,890,954 B2
--------------------~~;~; -- ' Camera 1 i
Camera is on and paired with Controller
I Start recording
Camera 1
'
[Start Record J
FIG. 38
101 510
Viewer/Controller
Controller is paired and Control App is Active
~
§ '{'
Time
Camera 2
' iiFramel IFr~mel ! 1 '
"' ~ ,rn
102 -----------~7~: ____ _ Camera 2
Camera is on and paired with Controller
Camera 1 Video
' : IFramel m IFr~mel ! 3 ... '
---~-----------------~----------------------------·
Near-synchronized start
' :I Frame I i 1 '
• Camera 2 Video
BJBJ ... BJ
Time Camera 1 Video
~ ···~
--T·----------------------------------------------· ' Camera 2 Video '
Appx127
~ ~ ~ ···~
GOPR0-1 001, Page 036
Case: 17-1894 Document: 20 Page: 181 Filed: 07/31/2017
U.S. Patent
BT module on and attempt to connect
I Paired
Nov. 18, 2014 Sheet 33 of 35
I Camera 1 ~----
Camera is on and paired with Controller
Detect request to pair
US 8,890,954 B2
/,-510'
---~ Controller I Controller is paired To Cam1 & Control App is Active
540 '
Sync1ronize Start from master camera to slave camera
Overlay sync OSD in video x frames
Insert DSD in video fraf-ne to facilitate post proce!'lsing frame sync of videos :
Overlay sync OSD in video x frames
',,, ~----------------------
'',544
Appx128
·--------------------------
Post Processing
Search video for I sync OSD I tone
Shift Cam2 video timing to match Cam1 sync signals
Adjust Cam2 frame center, color, vol, etc. using sync OSD &/or tone
! Combine videos for multi-angle shots, 30 or other effects
-----------------------------'
',, 546
FIG. 39
GOPR0-1 001, Page 037
Case: 17-1894 Document: 20 Page: 182 Filed: 07/31/2017
U.S. Patent
Camera
Mic 2 (wireless) 2nd
Mounting Location
/ 550
Nov. 18, 2014 Sheet 34 of 35 US 8,890,954 B2
500 10
Original Video File
: [5J ~F~meiiFr~mei .. ·IF~meli L---------------------------------------------1 ! Audio
1 IFrameiiFrameiiFrameiiFramel I Frame I i 1-----+....;..., __ .,. 1 2 3 4 • • • n •
' ' L---------------------------------------------1 ! Audio
2 IFrameiiFrameiiFramel· .. I Frame I i
, 1 2 3 n • ' ' L--------------------------------------------J
580 Computer New Video File
:video ~ IFrameiiFrameiiFramel I Frame I: 1
l___!_j 2 3 4••• n!
rA~d~;1-F~:~I-f;,~:~I-F'~:~I-f;,~:~l----~~~:~:f! • 1 2 3 4•••n• ' ' L---------------------------------------------1 i Audio
21Framei1Framei1Framei1Framel· .. I Frame I i 1+-------IH
, 1 2 3 4 n ' ' ' '------'"" L---------------------------------------------1
FIG. 40
Qj ""0 rn ~
0~ Ill 0 (f)0 ::J(f)
574
578
GOPR0-1 001, Page 038
Appx129
Case: 17-1894 Document: 20 Page: 183 Filed: 07/31/2017
U.S. Patent Nov. 18, 2014 Sheet 35 of 35 US 8,890,954 B2
500 10
Camera 558 Main
552
602
Camera
Frame IFrameiiFrameiiFramel IFramel Hf-o------1~ 1 2 3 4 • • • n I I
~--------------------------------------------------~ Audio
1
f--+----+-i----.JFrame IFrameiiFrameiiFramel·.. I Frame I 1
1 2 3 4 n : 1 I
L--------------------------------------------------~ ! TextTrack1crJ crJ [!] ~: 1 Text Te
2xt Text . . . Text !
r--+-----+-o~----+ 1 3 n 1
I I
•---------------------------------------------------1
FIG. 41 610 500
1
Fr~me IFr~meiiFr;meiiFr~mel .. ·IFr~mel 1
~---------------------------------------------------~
:Audio m m m BJ : t-t------t_,1 ___ +1Frame Frame Frame Frame ... Frame : 1 2 3 4 n
OJ c -~ Q) 0
2 o._ co co 0
612
1 I
L---------------------------------------------------~ ! TextTrack1crJ crJ [!] ~ ! 1 Text T~xt T~xt . . . T~xt 1
: GPS 1
: L---------------------------------------------------~
Text Track 2 1
: ~ ~---~! : Camera Status l___2_j ~ ~ : L---------------------------------------------------~ ! Text Track 3 :
: Text ~ I Text I· .. ~ 1
: BTDataA 1 ~ 3 l...':_J 1
~---------------------------------------------------~ 1
Text Track 4 :
l--lh-------+1 Text I Text II Text II Text I"". ~ ! 1 BT Data B 1 2 3 4 ~ : I 1
~---------------------------------------------------~ : TextTrack5 crJ[!JcrJ ~: Hf+-------+1 Text Text Text Text . . . Text ! : 1 2 3 4 n : I I
L---------------------------------------------------J
FIG.42
562
GOPR0-1 001, Page 039
Appx130
Case: 17-1894 Document: 20 Page: 184 Filed: 07/31/2017
US 8,890,954 B2 1
PORTABLE DIGITAL VIDEO CAMERA CONFIGURED FOR REMOTE IMAGE
ACQUISITION CONTROL AND VIEWING
RELATED APPLICATIONS
2
This application claims benefit of International Application No. PCT/US2011/051,418, filed Sep. 13, 2011, which claim benefit of U.S. Provisional Patent Application No. 61/382,404, filed Scp. 13, 2010.
TECHNICAL FIELD
receiver enables periodic capture of location once every few seconds with near pinpoint accuracy to bring together video and mapping. The inclusion of GPS technology introduces a new level of context to any video, making location, speed, time, and outside world conditions as important as the scene recorded. GPS capability makes it relatively easy to capture video within the action and share it online in seconds. For example, a user can watch an epic run down any mountain while tracking progress, speed, and elevation on a map. The
10 GPS data, together with high definition video images, can be readily edited to organize video content, configure the video camera, and post stories online.
GPS ground plane customization and electrical coupling to This disclosure relates to point-of-view (POV) video cam
eras or camcorders and, in particular, to an integrated handsfree, POV action sports video camera or camcorder that is configured for remote image acquisition control and viewing.
BACKGROUND INFORMATION
15 the housing or other metal components of the video camera improves reception and performance. The ground plane is maximized by coupling it with an aluminum case that houses the video camera. The result is higher antenna gain and consequent enhanced signal reception when the video camera is
20 mounted in multiple positions. The video camera is configured with a signal path that
allows for provision of a separate signal security module for use with only those applications that require the separate security module. An iPhone™ security module is packaged
First-person video cameras are a relatively new product category that have been adapted to capture POV video by action sports enthusiasts in a hands-free manner. Conventional first-person video cameras primarily comprise a lens that must be tethered to a separate digital video recorder or camcorder. FIGS. 1A and 1B present pictorial views of prior
25 separately in a small subscriber identity module (SIM) card form factor.
art first-person video cameras requiring a tethered lens approach to capturing first-person video recording. FIG. 1A presents a Twenty201 M device, and FlG. lH presents a Viosport™ device. FIGS. 1C and 1D present pictorial views 30
of prior art video cameras tethered to camcorders for implementing the tethered lens approach to capturing first-person video recording. FIG. 1C and FIG. 1D present Samsung™ devices.
These products are not generally hands-free products, and 35
consumers have been employing their own unique mounting techniques to permit "hands-free" video recording of action sports activities. FIG. 1E presents a pictorial view of a tethered camera attempting to facilitate hands-free POV video recording. FIG. 1E presents a Blackeye™ device. These 40
recent devices attempt to convey image data from "tethered" cameras to separate camcorders through IR signals to eliminate the tethering cables.
More recently, integrated hands-free, POV action sports video cameras have become available. FIGS. 2A and 2B 45
Simplified mounting of the wearable video camera is accomplished by rotating the horizon 180° so that the video camera can be mounted fully upside down as the picture remains in the proper orientation. Rotation of the horizon may be accomplished electrically or mechanically. A rotating mount with a locking feature that allows adjustment of the angle of the video camera when it is attached to a mounting surface uses an adhesive, a strap, or another connection option. The video camera housing is equipped with a scissor spring to assist in moving a slide switch actuator over a long travel range. A user wearing the video camera uses the slide switch actuator to initiate video image recording.
The portable digital video camera includes a camera housing and a lens.
Some embodiments of the portable digital video camera comprise an integrated hands-free, POV action sports digital video camera.
Some embodiments of the portable digital video camera or the integrated hands-free, POV action sports digital video camera include an image sensor for capturing image data. present pictorial views of two prior art products implement
ing integrated solutions to first-person video recording. These products are still in their infancy and may be difficult to use well.
SUMMARY OF THE DISCLOSURE
Some embodiments oftbe portable digital video camera or the integrated hands-free, POV action sports digital video camera include a manual horizon adjustment control for
50 adjusting an orientation of a horizontal image plane recorded by the image sensor with respect to a housing plane of the camera housing.
Preferred embodiments of a portable digital video camera Some embodiments of the portable digital video camera or the integrated hands-free, POV action sports digital video
55 camera include a laser alignment system with one or more laser sources capable of projecting light emissions to define a horizontal projection axis that is coordinated with orientation of the horizontal image plane.
or camcorder (hereinafter collectively, "video camera") are equipped with global positioning system (GPS) technology for data acquisition and wireless connection protocol to provide remote image acquisition control and viewing. A wireless connection protocol, such as the Bluetooth® packetbased open wireless technology standard protocol, is used to provide control signals or stream data to a wearable video camera and to access image content stored on or streaming from a wearable video camera. Performing intelligent frame analysis of the image content enables picture setup optimization on one or more cameras simultaneously to enable multiangle and three-dimensional video. A GPS receiver inte- 65
grated in the video camera enables tracking of the location of the video camera as it acquires image information. The GPS
Some embodiments of the portable digital video camera or 60 the integrated hands-free, POV action sports digital video
camera include a microphone and a manually operable switch for controlling one or both of audio and video data capturing operations, the switch having an activator that may cover the microphone whenever the switch is in the OFF position.
Some embodiments of the portable digital video camera or the integrated hands-free, POV action sports digital video camera include a "quick-release" mounting system that can
GOPR0-1 001, Page 040
Appx131
Case: 17-1894 Document: 20 Page: 185 Filed: 07/31/2017
US 8,890,954 B2 3
be used in conjunction with the laser alignment system to adjust the image capture orientation for pitch, yaw, and roll.
Additional aspects and advantages will be apparent from the following detailed description of preferred embodiments, which proceeds with reference to the accompanying drawings.
BRIEF DESCRIPTION OF THE DRAWINGS
FIGS. 1A, 1B, 1C 1D, and 1E constitute a set of pictorial views of five prior art products implementing a tethered lens approach to capturing first-person video recording.
FIGS. 2A and 2B constitute a set of pictorial views of two prior art products implementing integrated solutions to firstperson video recording.
FIGS. 3A, 3B, 3C 3D, 3E, and 3F are, respectively, front perspective, back perspective, side elevation, front elevation, back elevation, and top plan views of an embodiment of an integrated hands-free, POV action sports digital video camera.
FIG. 4A is a front perspective view of an embodiment of an integrated hands-free, POV action sports digital video camera, showing alternative positioning of a switch and representative alternative rotation of a rotary horizontal adjustment controller.
FIG. 4B is a back perspective view of an embodiment of an integrated hands-free, POV action sports digital video camera, showing a representative alternative number of rail cavities and an optional detent within a rail cavity.
FIG. 5 is a cross-sectional side view of an embodiment of an integrated hands-free, POV action sports digital video camera.
FIG. 6 is an exploded view of mechanical components of an embodiment of an integrated hands-free, POV action sports digital video camera.
FIG. 7 is an exploded view of optical and mechanical components of an integrated hands-free, POV action sports digital video camera.
FIGS. SA and SB are fragmentary cross-sectional views of the lens system of the camera of FIG. 7, showing, respectively, a standard lens and the standard lens fitted with a lens filter.
FIG. 9 is a partly exploded view of a versatile mounting system demonstrating ease of adjustment of camera mount orientation coupled with ease of camera detachment with retention of the mount orientation.
FTG. 10 is a front perspective view of a standard mount, employing a rail plug having two rails and two detents.
4 FIG.14D is a front perspective view of the alternative pole
mount of FIG. 14A locked about a pole. FIG. 15A is a front perspective view of a goggle mount,
employing a strap entrance facing in the opposite direction of the mounting rails.
FIG. 15B is a side elevation view of an alternative goggle mount, employing a strap entrance facing in the same direction of the mounting rails.
FIG. 15C is a fragmentary front perspective view of the 10 alternative goggle mount ofFIG.15B mounted upon a goggle
strap. FIG. 16 is a front perspective view of a vented helmet
mount, adapted for employing a strap for attachment to a vented helmet.
15 FIG. 17 is a front perspective view of another alternative goggle mount, adapted for employing a strap for attachment to a goggle strap.
FIG. 18 is a front perspective view of an alternative pole mount system, employing the rail plug ofFIG. 10.
20 FIGS. 19 and 20 are, respectively, perspective and top plan views of a mounting system comprising a rotating circular rail plug set in a base mount configured with a locking feature.
FIGS. 21 and 22 are, respectively, perspective and top plan views of the base mount of FIGS. 19 and 20.
25 FIGS. 23A, 23B, 23C, 23D, and 23E, are, respectively, perspective, top plan, end elevation, side elevation, and bottom plan views of a slidable lockable member installed in the base mount of FIGS. 21 and 22.
FIG. 24 is an exploded view of the mounting system of 30 FIGS. 19 and 20, to which is attached an attaching mecha
msm. FIGS. 25A, 25B, 25C, and 25D are front perspective views
of the digital video camera of FIGS. 4A and 4B, showing its lens set in a vertical position, with the camera housing rotated
35 90° counter-clockwise, not rotated, rotated 90° clock-wise, and rotated 180° to an inverted position, respectively, relative to the vertical position. FIG. 25E is a front elevation view of the digital video camera in the orientation of FIG. 25B annotated with dimension lines indicating ranges of angular dis-
40 placement of a horizontal image plane achievable by manual rotation of the rotary horizontal adjustment controller.
FIGS. 26A and 26B are, respectively, front perspective and top plan views of the digital video camera ofFIGS. 4A and4B with its slidable switch activator in a recording ON slide
45 setting position; and FIGS. 27A and 27B are, respectively, front perspective and top plan views of the digital video camera ofFTGS. 4A and 4R with its slidable switch activator in a recording OFF slide setting position.
FIGS. llA, llB, llC, and llD are, respectively, back elevation, front elevation, side elevation, and top plan views 50
of the versatile mounting system, demonstrating the matable relationship between the camera of FIGS. 3A-3E with the standard mount shown in FIG. 10.
FIG. 28 is a partly exploded view of the digital video camera of FIGS. 26A, 26B, 27A, and 27B.
FIGS. 29A and 29B show, respectively, perspective and exploded views of a GPS assembly that includes a GPS patch antenna and GPS receiver module to provide GPS functionality in the digital video camera ofFIGS. 26A, 26B, 27 A, and FIG. 12 is a perspective view of an alternative mount,
employing two mounting rails and two detents. 55 27B. FIG. 13A is a front perspective view of a pole mount
system, employing the mount ofFIG.12. FIG. 30 is a simplified block diagram showing a preferred
implementation of wireless technology in the digital video camera of FIGS. 26A, 26B, 27A, and 27B. FIGS.13B and 13C are cross-sectional side views of a pole
mount system showing, respectively, unlocked and locked configurations.
FIG. 31 is a flow diagram showing the pairing of two 60 devices by Bluetooth® wireless connection.
FIGS. 13D and 13E are front perspective views of a pole mount system showing, respectively, unlocked and locked configurations about a handle bar.
FIG. 14A is a front perspective view of an alternative pole mount system, employing the mount of FIG. 12 and a strap. 65
FIGS. 14B and 14C are respective side and front views of the alternative pole mount of FIG. 14A.
FIG. 32 is a flow diagram showing an example of pairing a Bluetooth®-enabled microphone and the digital video camera of FIGS. 26A, 26B, 27A, and 27B.
FIG. 33 is a flow diagram showing a preferred camera mounting position adjustment procedure carried out by a helmet-wearing user to align a helmet-mounted digital video camera of FIGS. 26A, 26B, 27A, and 27B.
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FIG. 34 is a flow diagram showing a preferred manual lighting level and color settings adjustment procedure carried out by a user upon completion of the camera mounting position adjustment procedure of FIG. 33.
FIG. 35 is a flow diagram showing a preferred automatic lighting level and color settings adjustment procedure carried out by a user after completing the camera mounting position adjustment of FIG. 33.
FIG. 36 shows two of the digital video cameras of FIGS. 26A, 26B, 27A, and 27B aimed at a common color chart.
FIG. 37 is a flow diagram showing the digital video camera of FIGS. 26A, 26B, 27 A, and 27B and a mobile controller device paired by Bluetooth® wireless connection and cooperating to accomplish without security the pass-through of data from a second Bluetooth®-enabled digital video camera.
FIG. 38 is a hybrid flow diagram and pictorial illustration of a mobile controller device paired by Bluetooth® wireless data and control command connection to two digital video cameras of FIGS. 26A, 26B, 27A, and 27B to implement a remote Start/Stop capability for multiple cameras.
FIG. 39 is a flow diagram showing an example of pairing two digital video cameras of FIGS. 26A, 26B, 27A, and27B by Bluetooth® wireless connection through a mobile controller device.
FIG. 40 is a block diagram showing the post-processing procedure of synchronizing audio data produced by a wireless microphone and hard-wired microphone incorporated in the digital video camera of FIGS. 26A, 2613, 27 A, and 2713.
FIG. 41 is a simplified block diagram showing the processing of a single track of data from one data source.
FIG. 42 is a simplified block diagram showing the processing of multiple tracks of data from multiple data sources.
DETAILED DESCRIPTION OF PREFERRED EMBODIMENTS
FIGS. 3A, 3B, 3C 3D, 3E, and 3F are, respectively, front perspective, back perspective, side elevation, front elevation, back elevation, and top plan views of an embodiment of an integrated hands-free, POV action sports digital video camera 10, and FIGS. 4A and 4B are front and back perspective views of, respectively, an alternative configuration and an alternative embodiment of digital video camera 10. For purposes of this description, the term "camera" is intended to cover camcorder(s) as well as camera(s ). An example of such a digital video camera 1 0 is included in the Contour 1 OROP™ system, marketed by Contour, Inc., of Seattle, Wash.
FIGS. 5, 6, 7, 8A, and 8B show optical and mechanical components of digital video camera 10. With reference to FIGS. 3A-3F, 4A, 4B, 5, 6, 7, 8A, and 8B, some embodiments of digital video camera 10 include a manual horizon adjustment control system 12 including a manual horizon adjustment control for adjusting an orientation of a horizontal image plane 16 of an image recorded by an image sensor 18 with respect to a housing plane 20 (along a vertical crosssection) of a camera housing 22. An exemplary image sensor 18 may be a CMOS image capture card that provides for minimum illumination of 0.04 Lux @ f/1.2 and offers high sensitivity for low-light operation, low fixed pattern noise, anti-blooming, zero smearing, and low power consumption.
6 to offset horizontal image plane 16 with respect to the pitch, yaw, and roll of the mounting position of camera housing 22.
In some preferred embodiments, rotary controller 14 is positioned about a lens 26 and cooperates with a lens shroud 32 to support lens 26 within camera housing 22 such that manual rotation of rotary controller 14 rotates lens 26 with respect to camera housing 22. In other embodiments, lens 26 may remain fixed with respect to camera housing 22 even though rotary controller 14 rotates around lens 26. In some
10 embodiments, lens 26 is a 3.6 mm focal length, four-element glass lens with a 135° viewing angle and a focal length covering a large range, such as from arm's length (e.g., 500 mm) to infinity, which focuses visual information onto image sen-
15 sor 18 at a resolution such as at 1920x I 080. Skilled persons will appreciate that a variety of types and sizes of suitable lenses are commercially available.
In some preferred embodiments, image sensor 18 is supported in rotational congruence with the orientation of rotary
20 controller 14 such that manual rotation of rotary controller 14 rotates image sensor 18 with respect to housing plane 20 of camera housing 22. When image sensor 18 has a fixed relationship with the orientation of rotary controller 14, the image data captured by image sensor 18 do not require any post-
25 capture horizon adjustment processing to obtain play back of the image data with a desired horizontal image plane 16. In particular, rotary controller 14 can be set to a desired horizontal image plane 16, and image sensor 18 will capture the image data with respect to the orientation ofhorizontal image
30 plane 16. In some embodiments, image sensor 18 may remain fixed with respect to camera housing 22 even though rotary controller 14 rotates around image sensor 18.
With reference to FIGS. 6, 7, 8A, and 8B, in some embodiments, an exemplary optical assembly 34 shows how image
35 sensor 18 and lens 26may be supported in rotational congruence by the cooperation of! ens shroud 32, an internal rotation controller 36, and rotary controller 14. In some preferred embodiments, rotary controller 14 may be separated from camera housing 22 by a gap 37 to facilitate the rotation of
40 rotary controller 14 with respect to camera housing 22. A lens cap holder 38 may be secured to rotary controller 14
by screw threads and cooperates with an 0-ring 40a and to provide support for a lens cover 42 (such as a piece of glass). A lens holder 44 and a lens assembly holder 46 may also be
45 employed to support lens 26 in a desired position with respect to the other components in optical assembly 34. Lens assembly bolder 46 may be secured to lens cap holder 38 by screw threads and an 0-ring 40b. An 0-ring or bearings 43 may be employed between lens assembly holder 46 and a main hous-
50 ing 100 to facilitate the rotation of lens assembly holder 46 about control axis 24 with respect to main housing 100. A set screw 45 may be employed to secure lens assembly holder 46 of optical assembly 34 to main housing 100 without impeding the rotation of lens assembly holder 46 or the components
55 within it. In some embodiments, rotary controller 14, lens cap holder 38, 0-ring 40a, lens cover 42, lens shroud 32, laser sources 48, lens 26, lens holder 44, image sensor 18, internal rotation controller 36, 0-ring 40b, and lens assembly holder 46 of optical assembly 34 may rotate together. Skilled persons
60 will appreciate that several of these components may be fixed with respect to camera housing 22 or their synchronized rotation may be relaxed. For example, lens cover 42, lens 26, and lens holder 44 need not rotate.
With reference to FIGS. 3A, 3C, 3F, 4A, 6, and 7, in some embodiments, the manual horizon adjustment control is a rotary controller 14 that rotates about a control axis 24 such that manual rotation of rotary controller 14 changes the ori- 65
entation ofhorizontal image plane 16 with respect to housing plane 20. The manual horizon adjustment control can be used
With reference to FIG. 8B, rotary controller 14 may support a lens filter or other lens component, or rotary controller 14 may include screw threads or other means to enable attachment of additional or alternative lens components.
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In some embodiments, rotary controller 14 cooperates with an encoder to orient image sensor 18 to a desired horizontal image plane 16. Alternatively, the encoder could guide postcapture horizon adjustment processing to adjust horizontal image plane 16 of the captured image so that it is transformed to play back the image data with the encoded horizontal image plane 16.
In some embodiments, rotary controller 14 is positioned in one or both of an arbitrary location away from lens 26 and an arbitrary relationship with the position of image sensor 18. For example, rotary controller 14 may be positioned on a side 28 of camera housing 22 or on a back door 30, and rotary controller 14 may remotely control the orientation of image sensor 18 or may control an encoder. Skilled persons will appreciate that an arbitrarily located manual horizon adjustment control need not be of a rotary type and may be of an electronic instead of a mechanical type.
In some embodiments, rotary controller 14 provides greater than or equal to 180° rotation of horizontal image plane 16 with respect to housing plane 20 of camera housing 22 in each of the clockwise and counterclockwise directions. In one example, rotary controller 14 provides 180° plus greater than or equal to 6° of additional rotation in each direction, providing a 360° rotation ofhorizontal image plane 16 with respect to housing plane 20. This adjustability includes embodiments in which the orientation of rotary controller 14 is in congruence with the orientation of image sensor 18, as well as embodiments employing an encoder. Preferably, both lens 26 and image sensor 18 rotate together 360° within a pivoting hermetically sealed capsule. This means that, no matter how an operator mounts digital video camera 10, image sensor 18 can be rotated to capture a level world.
With reference to FIGS. 4A and 4B, in some embodiments, a rotation indicator 54 is provided on an exterior surface 56 of rotary controller 14. Rotation indicator 54 may take the form of a horizontal notch or raised bar that may be of a different color from the color of camera housing 22. Camera housing 22 may have set in a fixed position a notch or raised bar 58 that is similar to or smaller than rotation indicator 54. Rotation indicator 54 and notch or raised bar 58 may be of the same color or of different colors. The angular extent of dislocation between rotation indicator 54 and notch 58 provides a physical indication of the amount that rotary controller 14 is displaced from its "home" position with respect to camera housing22.
Tn some preferred embodiments, rotation indicator 54 and horizontal notch 58 are in a collinear alignment (in the "home" position) when horizontal image plane 16 is perpendicular to housing plane 20. Thus, if digital video camera 10 were set on a level horizontal surface and the two notches were collinear, horizontal image plane 16 would be horizontal.
With reference to FIGS. 3A, 3C, 3D, 3F, 4A, 7, and 8 in preferred embodiments, one or more laser sources 48 are fitted within rotary controller 14, are oriented with horizontal image plane 16, and are capable of projecting light emission (s) to define a horizontal projection axis or plane 52 that is parallel to or coplanar with horizontal image plane 16. Thus, manual rotation of rotary controller 14 changes the orientation of horizontal projection axis 52 with respect to housing plane 20 as the orientation of horizontal image plane 16 is changed with respect to horizontal projection axis 52. The beam( s) oflight forming horizontal projection axis 52 can be used as a guide by an operator to facilitate adjustment of horizontal image plane 16 by simple rotation of rotary controller 14 after camera housing 22 has been mounted.
8 In some embodiments, a single laser source 48 may employ
beam shaping optics and or a beam shaping aperture, filter, or film to provide a desired beam shape such as a line, lines of decreasing or increasing size, or a smiley face. In some embodiments, only a single beam shape is provided. In some embodiments, multiple beam shapes are provided and can be exchanged such as through manual or electronic rotation of a laser filter. Skilled persons will appreciate that two or more laser sources 48 may be outfitted with beam shaping capa-
10 bilities that cooperate with each other to provide horizontal projection axis 52 or an image that provides horizontal projection axis 52 or other guidance tool.
In some embodiments, two laser sources 48 (or two groups oflaser sources) are employed to project two beams oflight
15 that determine horizontal projection axis 52. Two laser sources 48 may be mounted on opposite sides oflens 26 such that their positions determine a laser mounting axis that bisects lens 26. In some embodiments, lens shroud 32 provides support for laser sources 48 such that they are posi-
20 tioned to emit light through apertures 60 in lens shroud 32 (FIG. 7). In some embodiments, an alternative or additional optical support barrel32a may support laser source 48 and the other optical components.
Laser sources 48 may be diode lasers that are similar to 25 those used in laser pointers. Laser sources 48 preferably
project the same wavelength(s) of light. In some embodiments, an operator may select between a few different wavelengths, such as for red or green, depending on contrast with the background colors. In some embodiments, two wave-
30 lengths may be projected simultaneously or alternately. For example, four laser sources may be employed with red and green laser sources 48 positioned on each side of! ens 26 such that red and green horizontal projection axes 52 are projected simultaneously or alternately in the event that one of the
35 colors does not contrast with the background. In some embodiments, laser sources 48 may be responsive
to a power switch or button 64, which in some examples may be located on back door 30 of camera housing 22. A rotation of horizon adjustment control system 12 or rotary controller
40 14 may provide laser sources 48 with an ON condition responsive to a timer, which may be preset such as for five seconds or may be a user selectable time period. Alternatively, a single press ofbutton 64 may provide laser sources 48 with an ON condition with a second press of button 64 pro-
45 viding an OFF condition. Alternatively, a single press of button 64 may provide an ON condition responsive to a timer, which may he preset such as for five seconds or may he a user selectable time period. Alternatively, button 64 may require continuous pressure to maintain laser sources 48 in an ON
50 condition. Button 64 may also control other functions such as standby mode. Skilled persons will appreciate that many variations are possible and are well within the domain of skilled practitioners.
Skilled persons will also appreciate that any type of video 55 screen, such as those common to conventional camcorders,
may be connected to or be a part of camera housing 22. Such video screen and any associated touch display may also be used as feedback for orientation in conjunction with or separately from laser sources 48. Skilled persons will appreciate
60 that the video screen may take the form of a micro-display mounted internally to camera housing 22 with a viewing window to the screen through camera housing 22 or may take the form of an external LCD screen.
With reference to FIGS. 3A, 3B, 3C, 3F, 4A, 4B, 5, and 6, 65 in preferred embodiments, digital video camera 10 has a
manually operable switch activator 80 that controls one or both of the recording condition of image sensor 18 and con-
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veyance of the acquired image data to a data storage medium, such as on a two-gigabyte MicroSD card. In some embodiments, digital video camera 10 is designed to use pulse power
10 tially concurrently and thereby substantially instantaneously cease the video data and audio data capturing operations.
In some embodiments, switch activator 80 controls supply of power to additional electronics such that the additional electronics are deactivated when switch activator 80 is in the OFF position and such that the additional electronics are activated when switch activator 80 is in the ON position.
Skilled persons will appreciate that switch activator 80 may be designed to have more than two slide settings. For
to conserve battery life while monitoring switch activator 80. When switch activator 80 is positioned to the ON position, the pulse power system is instructed to provide full power to the electronics and begin recording immediately; similarly, when switch activator 80 is positioned to the OFF position, the pulse power system is instructed to cut power to the electronics and stop recording immediately.
In some preferred embodiments, when switch activator 80 10 example, in addition to ON and OFF settings for recording,
switch activator 80 may provide an intermediate setting to activate laser sources 48, to activate one or more status indicators, or initiate other functions in digital video camera 10.
is slid or toggled, it moves a magnetic reed that is recognized from an impulse power sensor. Once the sensor recognizes the magnetic reed has been toggled to the ON position, the pulse power system is then triggered to power up most or all 15
of the electronics of digital video camera 10, including all of the electronics required for recording as well as selected other electronics or simply all the electronics. Once full power is provided to the system electronics, a feed from image sensor
The use of a magnetic reed switch as an embodiment for switch activator 80 prevents water or other fluids from entering through the camera housing 22. Skilled persons will appreciate that other waterproof ON/OFF switch designs are possible. In preferred embodiments, digital video camera 10 also employs a waterproof microphone 90, such as an omni-directional microphone with a sensitivity (0 dB= 1 V /Pa, 1 KHz) of -44±2 dB and a frequency range of 100-10,000 Hz, for capturing audio data and providing them to the data storage medium or to a second data storage medium. Alternatively, camera housing 22 may include breathable, watertight
18 begins encoding and writing to the data storage medium. 20
As soon as the first frames are written to the data storage medium, a signal is sent to an LED 82 to indicate via a light pipe 84 that digital video camera 10 is recording. Thus, activation of switch activator 80 initiates recording nearly instantaneously. 25 materials (such as GoreTex™) to prevent the egress of water
without requiring a waterproof microphone 90. Skilled persons will appreciate microphones with a large variety of operational parameters that are suitable for microphone 90
In some embodiments, switch activator 80 powers up the electronics and initiates recording from a standby mode such as after button 64 has been pushed to activate the pulse power mode. In other embodiments, switch activator 80 powers up the electronics and initiates recording directly without any 30
pre-activation. In some embodiments, a video encoder that cooperates with image sensor 18 and a microprocessor provides instructions to the video encoder. In some embodiments, switch activator 80 is adapted to substantially simultaneously control supply of power to the microprocessor, 35
image sensor 18, and the video encoder, such that when switch activator 80 is placed in the ON position the microprocessor, image sensor 18, and the video encoder all receive power substantially concurrently and thereby substantially instantaneously initiate a video data capturing operation.
In some embodiments, an audio encoder cooperates with a microphone 90, and the microprocessor provides instructions to the audio encoder. In some embodiments, switch activator
are commercially available or can be manufactured to suit desired criteria.
In some embodiments, microphone 90 is positioned beneath switch activator 80 such that switch activator 80 covers microphone 90 whenever switch activator 80 is in the OFF position and such that switch activator 80 exposes microphone 90 whenever switch activator 80 is in the ON position. The audio data capturing operation is preferably deactivated when switch activator 80 is in the OFF position and that the audio data capturing operation is preferably activated when switch activator 80 is in the ON position. The ON
40 and OFF conditions of the audio data capturing operation may be controlled by switch activator 80 in conjunction with the ON and OFF conditions of the video capturing operation.
With reference to FIGS. 5 and 6, in some embodiments, camera housing 22 includes main housing 100 that supports switch activator 80, a front and bottom trim piece 106, and back door 30 which is cmmected to main housing 100 through a hinge 102. Tn some emhodiments, hack door 30 may he removable through its hinge 102 to allow connection of accessories to main housing 100 for extended functionality. Back
80 is adapted to substantially simultaneously control the supply of power to microphone 90 and the audio encoder such 45
that when switch activator 80 is placed in the ON position, the microprocessor, microphone 90, and the audio encoder all receive power substantially concurrently and thereby substantially instantaneously initiate an audio data capturing operation. 50 door 30 may provide an area of thinner material to permit
compression of button 64. Gaskets 114 may be seated between main housing 100 and back door 30 to provide waterproofing. A housing cover 108 may be connected to main housing 100 through a rubber gasket 110 that also
In some embodiments, when switch activator 80 is placed in the OFF position, the microprocessor, image sensor 18, and the video encoder all cease to receive power substantially concurrently and thereby substantially instantaneously cease the video data capturing operation. In some embodiments, when switch activator 80 is placed in the OFF position, the microprocessor, microphone 90, and the audio encoder all cease to receive power substantially concurrently and thereby substantially instantaneously cease the audio data capturing operation.
In some embodiments, the microprocessor, image sensor 18, the video encoder, microphone 90, and the audio encoder
55 enhances the waterproof characteristics of camera housing 22.
Side caps 112 may be ultrasonically welded to the exterior surfaces of housing cover 108 and the lower portion of main housing 100, which form the lower portions of sides 28 of
60 camera housing 22. In some embodiments camera housing 22 is made from brushed aluminum, baked fiberglass, and rubber. In particular, main housing 100, housing cover 108, and side caps 112 may be made from aluminum. Front and bottom all receive power substantially concurrently and thereby sub
stantially instantaneously initiate the video data and audio data capturing operations. In some embodiments, the micro- 65
processor, image sensor 18, the video encoder, microphone 90, and the audio encoder all cease to receive power substan-
trim piece 106 may also be ultrasonically welded to main housing 100.
With reference to FIGS. 3A, 3B, 4A 4B, 6, and 9, in preferred embodiments, digital video camera 10 includes part
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of a mounting system 120 that has two or more housing rail cavities 122 and two or more interleaved housing rails 124 on each side 28 of camera housing 22 for engaging a versatile mount 126. An example of such a mounting system 120 is the TRail™ mounting system, marketed by Contour, Inc, of Seattle, Wash.
Housing rail cavities 122 and housing rails 124 may be formed by cut outs in side caps 112 that are mounted to main housing 100. In some embodiments, digital video camera 10 is bilaterally symmetrical and has an equal numberofhousing 10
rail cavities 122 on each of side caps 112 and an equal number of housing rails 124 on each of side caps 112. In some embodiments, digital video camera 10 may for example provide two housing rail cavities 122 (such as shown in FIGS. 3A and 3B) or three housing rail cavities 122 in each side cap 112 15
(such as shown in FIGS. 4A and 4B). Skilled persons will appreciate, however, that in some embodiments, digital video camera 10 need not be symmetrical and may have an unequal number of rail cavities 122 on its side caps 112.
12 detents 128 such that if camera housing 22 has detents 128 then rail plug 132 has bumps 140 or if camera housing 22 has bumps 128 then rail plug 132 has detents 140. Skilled persons will appreciate that in some alternative embodiments, housing rails 124 have bumps or detents 128 and mount rail cavities 138 have detents or bumps 140.
The versatile mounting system 120 provides for ease of mounting and orientation of digital video camera 10 with ease of detachment of digital video camera 10 with retention of the mounted orientation. In some embodiments, base mount 130 may have a very small footprint and may be attached to a surface with an adhesive pad designed for outdoor use. After base mount 130 has been attached to a surface, rail plug 132 can be detached from base mount 130.
In some embodiments, rail plug 132 has a circumferential sawtoothed edge 142 that is mated to a sawtooth-receiving inside edge 144 of a base mount cavity 146 adapted to receive rail plug 132. In some embodiments, rail plug 132 has a compression fit within base mount 130. In some embodiments, hook and loop double-toothed Velcro™ may be used instead of or in addition to a compression fit technique to further secure rail plug 132 within base mount 130.
Mount rails 136 of rail plug 132 can slide into housing rail cavities 122 of camera housing 22 as mount rail cavities 138
25 of rail plug 132 slide onto housing rails 124 of camera housing 22 as indicated by a direction arrow 148 (FIG. 9) to secure rail plug 132 to camera housing 22. The mated detents and bumps 128 and 140 can be engaged to prevent unintended lateral movement of rail plug 132 with respect to camera
In some embodiments, rail cavities 122 have a "T"-like, 20
wedge-like, or trapezoid-like cross-sectional appearance. Skilled persons will appreciate that the dimensions of the stem or lateral branches of the "T" can be different. For example, the stem can be thicker than the branches, or one or more of the branches may be thicker than the stem; similarly, the stem can be longer than the branches, and one or more of the branches may be longer than the stem. The cross-sectional shapes may have flat edges or corners, or the edges or corners may be rounded. Skilled persons will also appreciate that numerous other cross-sectional shapes for rail cavities 122 are possible and that the cross-sectional shapes of different housing rail cavities 122 need not be the same whether in the same side cap 112 or in different side caps 112. Similarly, housing rail cavities 122 may have different lengths and housing rails 124 may have different lengths. The bottom of trim piece 106 may be alternatively or additionally fitted with housing rails 124.
30 housing 22. Rail plug 132 with the attached digital video camera 10 can be rotated from zero to 360 degrees about an axis perpendicular to base mount 130 to capture a desired viewing angle. Then, rail plug 132 can be inserted or reinserted into base mount 13 0 as indicated by a direction arrow
35 150 (FIG. 9). FIG. 11 shows from several different views how digital video camera 10, rail plug 132, and base mount 130 appear when they are mated together.
In some embodiments, rail plug 132 and base mount 130 may be made from a hard, but flexible material such as rubber
In some embodiments, one or more of housing rail cavities 122 may contain one or more bumps or detents 128. In some embodiments, each side 28 of camera housing 22 contains at least one bump or detent 128. In some embodiments, each housing rail cavity 122 contains at least one bump or detent 128. In some examples, however, only a single housing rail cavity 122 on each side 28 contains a bump or detent 128. Skilled persons will appreciate that the different sides 28 need not contain the same number of bumps or detents 128.
40 or a polymer with similar properties, but skilled persons will appreciate that rail plug 132 and base mount 130 may be made from a hard or soft plastic. Because base mount 130 can be flexible, it can be attached to a variety of surfaces such as, for example, the surfaces of helmets, snow board decks, skis, fuel
45 tanks, windows, doors, and vehicle hoods. The type and flexibility of the material of flat mount 126 may provide a "rubher" dampening effect as well as enhance rail sliding, rail engagement, and plug engagement. Mounting system 120
FTG. 9 shows a hase mount 130 and a rail plug 132 that fit together to form a flat surface mount 134 shown in FIG. 10. FIGS. 11A-11D (FIG. 11) depict different views of camera housing 22 mated with flat surface mount 134. With reference 50
to FIGS. 9-11, rail plug 132 contains one or more mount rails 136 that are adapted to mate with housing rail cavities 122 on camera housing 22. Similarly, rail plug 132 contains one or more mount rail cavities 138 that are adapted to mate with housing rails 124 on camera housing 22. Mount rails 136 may 55
have the same or different cross-sectional shapes as those of housing rails 124, and mount rail cavities 138 may have the same or different cross-sectional shapes as those of housing rail cavities 122. In some preferred embodiments, rails 124 and 136 and cavities 122 and 138 have the same cross-sec- 60
tiona! profiles. In some embodiments, one or more of mount rails 136 on
rail plug 132 may contain one or more detents or bumps 140. In some embodiments, each mount rail136 contains at least one detent or bump 140. In some examples, however, only a 65
single mount rail 136 contains a detent or bump 140. The detents or bumps 140 are adapted to mate with bumps or
may also include a runaway leash (not shown). When recording of an activity is completed, rail plug 132
with the attached digital video camera 10 may be disengaged from base mount 130 for safe storage or data uploading. Base mount 130 can be left attached to the surface and need not be re-attached and/or re-adjusted. Alternatively, camera housing 22 may be disengaged from rail plug 132, leaving rail plug 132 engaged with base mount 130 so that the original orien-tation of mount rails 136 of rail plug 132 is maintained to permit quick reattachment of digital video camera 10 without requiring its orientation to be re-adjusted to base mount 130 or the person, equipment, or vehicle to which base mount 130 is mounted.
FIG. 12 shows an alternative rail plug 132a; and FIGS. 13A, 13B, 13C, 13D, and 13E (FIG. 13) show several views of rail plug 132a with an alternative base mount 130a, including locked and unlocked configurations, to form a pole mount 126a for mounting on a pole 160 such as handle bars. With reference to FIGS. 12 and 13, rail plug 132a may be used as
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a standalone mount with an adhesive backing, or it may be used in conjunction with or integrated into one or more varieties ofbase mounts 130a. Rail plug 132a may be attached to base mount 130a through the use of an adhesive mounting, through the use of Velcro™, through the use of a screw, 5
through the use of other conventionally known means, or combinations thereof. Mount rails 136 may be formed to provide an aperture 162 to provide access for a screw and screwdriver to mount rail plug 132a onto base mount 130a.
Base mount 130a is configured to open and close around 10
poles 160, particularly poles of standardized recreational equipment and especially such poles having small diameters of about 1-1.5 inches (2.5-3.8 em). In some embodiments, base mount 130a has a locking pin 164 with a head 166 that can be secured within a lock chamber 168. Locking pin 164 15
increases compression against pole 160 to prevent base mount 130a from rotating around pole 160 after its desired positioned is established. Base mount 130a may also be provided with a pin door cover 170 to prevent debris from accessing locking pin 164 or lock chamber 168. 20
FIGS. 14A, 14B, 14C, 14D, and 14E (FIG. 14) show several views of a rail plug 132b with an alternative base mount 130b, including a strap 172, to form a pole mount 126b for mounting on a pole 160b such as a roll cage, a windsurfing mast, or a hang glider support. With reference to FIG. 14, in 25
some embodiments, >trap 172 is large enough to accommodate poles 160b having a diameter up to 4 inches (12 em) or larger. In some embodiments, a dial174 may be employed to tighten and loosen strap 172. In other embodiments, dial174 controls the swivel of rail plug 132b with respect to base 30
mount 130b so that the side-to-side angle of digital video camera 10 can be adjusted. As with rail plug 132a, rail plug 132b may be attachable to base mount 130b or may be integrated with it.
FIGS. 15A, 15B, and 15C (FIG. 15) show several views of 35
a rail plug 132c attached to or integrated with alternative base mounts 130c and 130e of respective band or strap mounts 126c and 126e for mounting on a belt, strap, or band 180, such as a band 180 of a pair of goggles 182. With reference to FIG. 15A, base mount 130e has a dampener 184a and a strap 40
entrance 186a on an interior side of the base mount 130e, i.e., facing in the direction opposite to that mount rails 136 face. Dampener 184a may be made from mbber or other suitable cushioning material to cushion a user's head away from digi
14 degree rotation of mount rails 136. Such embodiments permit a user adjust the angle of digital video camera 10 to be different from the vertical viewing angle of the user. For example, the user can be viewing down at the ground while digital video camera 10 (and its image sensor 18) captures images straight ahead. In some embodiments, base mount 130fmay include pads 198 and 202 to dampen against vibrations and may include retaining tabs 200 to prevent rail plug 132 from being inadvertently jarred loose. Strap 192 may also or alternatively include pads 204 and 208.
Skilled persons will appreciate that base mounts 130a through 130d can also alternatively be configured to receive a round rail plug 132 (of FIG. 10) that permits 360-degree rotation of mounting rails 136. For example, FIG. 18 shows an alternative pole mount 126g having a base mount 130g adapted to receive circular rail plug 132 that permits 360-degree rotation of mount rails 136. Such embodiments can facilitate compensation for handle bars or other poles 160 or 160b that may be angled backward or forward.
In some embodiments, base mount 130g has a different locking mechanism from that of base mount 130a (FIG. 13). For example, in some embodiments, a locking pin 210 is attached by a hinge 212 to base mount 130g, and locking pin 210 is attached at its other end to a pindoorcover214 through a hinge 216. Locking pin 210 cooperates with hinge door cover 214 to increase compression against pole 160 to prevent base mount 130g from rotating around pole 160 after its desired position is established. Skilled persons will appreciate that base mount 130a may alternatively employ this locking mechanism. In some embodiments, base mounts 130a and 130g include a pole grip 218 to help maintain a preferred orientation ofbase mounts 130a and 130g with respect to pole 160. In some embodiments, base mounts 130 and 130a-130g may include a leash ring 220 adapted to receive a lease line that may be attached to an associated rail plug 132 and 132a-132d, digital video camera 10, or the operator.
FIGS. 19 and 20 are, respectively, perspective and top plan views of a mounting system 300 that comprises rotatable circular rail plug 132 set in a base mount 130h configured with a locking feature that allows adjustment of digital video camera 10 when it is attached to amounting surface. FIGS. 21 and 22 are, respectively, perspective and top plan views of base mount 130h. Base mount 130h is of generally rectangular shape and includes in its top wall 302 a large diameter
tal video camera 10. With reference to FIG. 15B, a dampener 184b is provided
45 circular opening 304 and in its bottom wall 306 a smaller diameter circular opening 308. Base mount 130h has opposite side walls 310 and 312 through which aligned, generally rectangular slots 314 of the same size are formed and opposite
on an interior side of base mount 130c, i.e., facing in the direction opposite to that mount rails 136 face. However, a strap entrance 186b is provided on an exterior side of base mount 130c, i.e., facing in the same direction that mount rails 50
136 face. FIG. 15C shows base mount 130c of FIG. 15B mounted upon strap 180 of goggles 182. Skilled persons will appreciate that the rail plug 132a can be substituted for rail plug 132c.
FIG. 16 shows a rail plug 132d with an alternative base mount 130d of a helmet mount 126d for mounting on a vented helmet. Helmet mount 126d includes one or more slots 190 through which a strap can be used to secure base mount 130d to a helmet through vent slots in the helmet. Skilled persons will appreciate that rail plug 132a can be substituted for rail plug 132d.
FIG. 17 is a front perspective view of another alternative goggle base mount 130/, adapted for employing a strap 192 for attachment to goggle band 180 (FIG. 15C). Strap 192 can
side walls 316 and 318 on the inner surfaces of which spatially aligned sawtooth-receiving edges 144 are formed. The inner surfaces of side walls 310, 312, 316, and 318 include arcuate segments that are sized to permit bidirectional ratcheted rotational motion of circular rail plug 132 when it is set through circular opening 304 in base mount 130h with saw-
55 tooth-receiving edges 144 in matable relationship with circumferential sawtoothed edge 142.
FIGS. 23A, 23B, 23C, 23D, and 23E are, respectively, perspective, top plan, end elevation, side elevation, and bottom plan views of a slidable locking member 330 of generally
60 rectangular shape. Slidable locking member 330 is sized to fit within each slot 314 and slidably extend through and project outside either one of side walls 310 and 312 when inserted in both of slots 314 in base mount 130h. Locking member 330 is
be looped through buckles 194 and 196 to secure base mount 65
130/ to goggle band 180. Base mount 130/ is adapted to receive circular rail plug 132 (FIG. 10) that permits 360-
a unitary structure that includes a generally planar center portion 332 positioned between a locking end piece 334 and a nonlocking end piece 336. Center portion 332 constitutes a recessed area that is bounded by raised end pieces 334 and
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US 8,890,954 B2 15 16
status indicators, and may control laser sources 48 and a recording standby mode as well).
In some embodiments, the status indicators may provide a different color depending on the status of the item in question. In some embodiments, green, yellow, and red LEDs are used to indicate whether the battery is completely charged, halfcharged, or nearly depleted. Similarly, in some embodiments, green, yellow, and red LEDs are used to indicate whether the SD memory card is nearly empty, half-empty, or nearly full.
336 and into which circular rail plug 132 is inserted when mounting system 300 is assembled. Center portion 332 includes an oblong hole 338 having opposite circular segments 340 separated by straight line segments 342. U-shaped slots 344 cut in center portion 332 on either side of oblong hole 338 provide downwardly depending the locking tabs 346. Locking tabs 346 are sized and configured to slide across and fit into corresponding grooves 350 in a floor 352 of base mount 130h. Locking end piece 334 has a serrated arcuate inner surface 354, and nonlocking end piece 336 has a smooth arcuate inner surface 356. The curvatures of arcuate inner surfaces 354 and 356 are complementary to the curvature of circular rail plug 132.
FIG. 24 is an exploded view of mounting system 300 to which is attached an exemplary attaching mechanism. When mounting system 300 is assembled, locking member 330 is installed in base mount 130h with end pieces 334 and 336 fitted for sliding movement in slots 314. A plug 360 composed
10 In other embodiments, green light indicates greater than or equal to 80% space or charge, yellow light indicates greater than or equal to 30% space or charge, and red light indicates less than 30% space or charge. Skilled persons will appreciate that the number and meaning of colors can be varied. Camera
15 housing 22 may provide symbols indicating what items light pipes 84 and 392 designate, such as a battery symbol 394 and a memory card symbol 396 on back door 30.
To facilitate an easier and more manageable process for the video once it has been recorded, digital video camera 10 may of a top disk 362 and two downwardly depending legs 364
secures locking member 330 to and limits its range of travel within slots 314 in base mount 130h. Top disk 362 fits in a recess in and thereby receives rail plug 132, and flanges 366 extending from the free ends oflegs 364 secure plug 360 in base mount 130h when the free ends of legs 364 are pushed through circular opening 308.
20 be designed to automatically segment the video into computer and web-ready file sizes. The segment can be automatically determined by the hardware during the recording process without intervention by the user. In some embodiments, software will automatically close a video file and open a new
25 file at predefined boundaries. In some embodiments, the boundaries will be time-based, for example, ten minutes for each segment, or size-based, for example 10 MB for each segment. Additionally, the segmentation process may be designed so that file boundaries are based on preset limits or
Mounting system 300 operates in the following manner. A user adjusts the angular position of digital video camera 10, which is operatively connected to mounting rails 136, by rotating rail plug 132 within base mount 130h. To permit such rotation, the user pushes nonlocking end piece 336 to slide locking member 330 so that serrated inner surface 354 moves away from and does not engage sawtoothed edge 142 of rail plug 132. Legs 364 of plug 360 contact the boundary of oblong hole 338 and thereby stop the sliding motion oflocking member 330 with its locking end piece 334 projecting outwardly from its associated slot 314. Locking tabs 346 fit in their corresponding grooves 350 to releasably hold locking member 330 in its unlocked position. Rotation of rail plug 132 provides audible, tactile feedback to the user because of the meshing relationship between sawtooth-receiving edges 40
144 and sawtoothed edge 142.
30 so that the user can adjust the segment length to the user's own preferred time. In some embodiments, the video encoder (hardware or software based) will optimize the file boundary by delaying the boundary from the nominal boundary position until a period of time with relatively static video and
35 audio, i.e., when there are minimal changes in motion. Skilled persons will appreciate, however, that in some embodiments, such segmentation may be implemented via software or hardware.
Upon completion of angular position adjustment of digital video camera 10, the user locks rail plug 132 in place by pushing locking end piece 334 to slide locking member 330 so that serrated inner surface 354 engages sawtoothed edge 45
142 of rail plug 132. The sliding motion of locking member 330 stops with its nonlocking end piece 336 projecting outwardly from its associated slot 314. Locking tabs 346 fit in their corresponding grooves to releasably hold locking member 330 in its locked position. 50
Base mount 130h can be directly mounted to a mounting surface with use of an adhesive. Base mount 130h also may be mated to a variety of mounting surfaces by adding a custom connecting plate, such as strap-connecting plate 370, with screws 372 or another technique such as adhesive bonding or 55
welding. These connecting plates may alter the shape ofbase mount 130h to better connect to shaped surfaces or may include a variety of attaching mechanisms, such as, for example, a strap 374 or a hook.
With reference again to FIGS. 3B, 3E, 4B, and 5, button 64 60
(or an additional button 388) may control one or more status indicators such as LED 82 that indicates via light pipe 84 that digital video camera 10 is recording. Button 64 (or additional button 388) may, for example, also control operation of an LED 390 that indicates through a light pipe 392 the power 65
status of a battery (not shown). In some embodiments, a single push controls two or more status indicators (or all of the
Digital video camera 10 is an all-in-one, shoot and store digital video camcorder and is designed to operate in extreme weather conditions and in a hands-free manner. Digital video camera 10 is wearable and designed for rugged environments (water, heat, cold, extreme vibrations), and the Contour 1 OSOP™ system includes application mounts 126 to attach to any person, equipment, or vehicle. The internal components of digital video camera 10 may be silicon treated, coated, or otherwise insulated from the elements, keeping digital video camera 10 operational, no matter the mud, the dirt, the snow, and the rain.
Preferred embodiments of digital video camera 10 are equipped with wireless connection protocol and global navigation and location determination, preferably global positioning system (GPS), technology to provide remote image acquisition control and viewing. The Bluetooth® packetbased open wireless technology standard protocol is used to provide control signals or stream data to digital video camera 10 and to access image content stored on or streaming from digital video camera 10. The GPS technology enables tracking of the location of digital video camera 10 as it records image information. The following describes in detail the implementation of the Bluetooth® protocol and GPS tech-nology in digital video camera 10.
Preferred embodiments of digital video camera 10 permit the mounting of camera housing 22 upside down while retaining the proper orientation of the video images by mechanical or electricall80° rotation of! ens 26. The mechanical rotation is shown in FIGS. 25A, 25B, 25C, 25D, and 25E. FIGS. 25A,
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US 8,890,954 B2 17 18
which a leg portion 424 upwardly extends back toward center portion 420. U-shaped center portion 420 includes a base member 426 and two generally parallel side members 428 that terminate in rounded distal ends 422. Upwardly extending leg portions 424 diverge generally outwardly away from side members 428 and terminate in ends 430 that are inwardly bent toward side members 428 and do not extend beyond center portion 420. A curved section 432 in each leg portion 424 forms its inwardly directed bend and provides a bearing
258, 25C, and 25D are front perspective views of digital video camera 10 showing lens 26 set in a vertical position, with camera housing 22 of digital video camera 10 rotated 90° counter-clockwise, not rotated, rotated 90° clockwise, and rotated 180° to an inverted position, respectively, relative to the vertical position. FIG. 25E is a front elevation view of digital video camera 10 in the orientation of FIG. 258 annotated with dimension lines indicating 185° counter-clockwise and 95° clockwise ranges of angular displacement of horizontal image plane 16 achievable by manual rotation of rotary controller 14. The orientation may be flipped prior to signal processing by simply altering the pixel selection or can be flipped during signal processing by simply altering the interpretation of the pixels. The orientation can be automatically controlled by sensing the orientation of camera housing 22 15
using a variety of sensors and altering the pixels based on these data.
10 surface that contacts an inner side wall surface 410 of switch
FIGS. 26A and 268, FIGS. 27A and 278, FIG. 28, and FIGS. 29A and 298 show the configuration of digital video camera 10 in which 8luetooth® wireless protocol and GPS 20
technology are implemented to enable remote image acquisition control and viewing. FIGS. 26A and 27A are front perspective views of digital video camera 10 with slidable switch activator 80 in its respective recording ON and recording OFF slide setting positions; and FIGS. 268 and 278 are 25
top plan views of the digital video camera 10 with slidable switch activator 80 in its respective recording ON and recording OFF slide setting positions. A portion of switch activator 80 is broken away in these drawing figures to reveal the placement of certain internal component parts described in 30
greater detail below. FIG. 28 is a partly exploded view of digital video camera
10, showing the placement and mounting arrangement of component parts implementing Bluetooth® wireless protocol and GPS receiver technology in main housing 100 shown 35
in FIGS. 5 and 6. A Bluetooth® wireless module 400 is installed in main housing 100 at a location proximal to rotary controller 14. A GPS assembly 402 is installed in main housing 100 at a location proximal to back door 30 of camera housing 28. Optical support barrel32a having an open ended 40
slot 404 fits over main housing 100 in an orientation such that Bluetooth® wireless module 400 and the upper end of GPS assembly 402 fit and are thereby exposed within slot 404. Switch activator 80 provided with a two-dimensional array of circular openings 406 fits over and slides within slot 404 45
between the recording ON slide setting position shown in FIGS. 26A and 26R and the recording OFF slide setting position shown in FIGS. 27 A and 278. Openings 406 provide an audible sound passageway to facilitate pickup by microphone 90 of spoken words or other sound effects.
Common implementations for sliding switches that have long travel entail use of a magnet to pull and hold the switch
50
activator 80. FIGS. 26A, 268, 27A, and 278 show the geometric fea
tures in inner side wall surfaces 410 and inner end wall surface 412 of switch activator 80. Each side wall surface 410 includes an inwardly directed beveled portion 440 having an apex 442 and a proximal end 444 and a distal end 446 located respectively nearer to and farther from end wall surface 412.
Installation of scissor spring 408 in main housing 100 entails placement of U-shaped center portion 420 with its base member 426 and side members 428 against a raised block 450 on a top surface 452 of a printed circuit board (PCB) 454 ofGPS assembly 402. The length of base member 426 is chosen to establish a snug fit of raised block 450 within U-shaped center portion 420 to keep scissor spring 408 stationary during sliding motion of switch activator 80. As shown in FIGS. 26A and 268, whenever switch activator 80 is in the recording ON slide setting position, curved sections 432 of scissor spring leg portions 424 rest in shallow notches formed at distal ends 446 of beveled portions 440. As shown in FIGS. 27A and 278, whenever a user slides switch activator 80 from the recording ON slide setting position to the recording OFF slide setting position, curved sections 432 exit the shallow notches at distal ends 446, slide along entire lengths of beveled portions 440, and come to rest at shallow notches fom1ed at proximal ends 444 ofbeveled portions 440. Curved sections 432 of leg portions 424 are of complemen-tary shape to curved sections 448 of inner end wall surface 412.
The shaping of scissor spring 408 imparts resistance to prevent the initial sliding motion of switch activator 80 in either direction, but in response to user applied pressure overcoming the resistance, switch activator 80 automatically travels to the stopping position without effort by the user. Scissor spring 408 exerts passive resistance to any motion and there-fore holds switch activator 80 in the proper position until the user again moves switch activator 80. The shape of scissor spring 408 can he varied hased upon, for example, the geometry of switch activator 80, the length of travel, and desired holding force.
The above-described spring solution is uniquely resistant to vibration and is well-suited for a high vibration environment. Scissor spring 408 is an improvement over magnetic sliding switch movements because the former does not introduce magnetic interference that may affect other functions in digital video camera 10. Scissor spring 408 is also an improvement over a double detent implementation because the user is confident switch activator 80 is in the proper position. This spring solution could be expanded to include a combination of springs to provide specialized motion or spe-
in its final position or use of a switch mechanism continuously pressed by the user over the full travel distance and provided with a holding mechanism in place in the ON and OFF posi- 55
tions. Digital video camera 10 is equipped with a slide switch mechanism that solves the problems associated with long travel distance. A scissor spring 408 assists in actuating slidable switch activator 80 over the long travel range between the recording ON and OFF slide setting positions. 60 cific force profiles. This spring design can also control linear
or circular motion. FIGS. 268, 278, and 28 show a preferred shape of scissor spring 408 and the marmer in which it cooperates with the geometric features of inner side wall surfaces 410 and an inner end wall surface 412 formed in an underside cavity 414 of switch activator 80. Scissor spring 408 is a one-piece wire member including multiple bends that form aU-shaped center portion 420 having rounded distal ends 422 from each of
FIGS. 29A and 298 show respective perspective and exploded views of GPS assembly 402 separate from main housing 100, in which GPS assembly 402 is installed for
65 operation in digital video camera 10. GPS assembly 402 includes a GPS passive patch antenna 456 and a GPS receiver module 458 to provide GPS functionality to digital video
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US 8,890,954 B2 19 20
streamed and displayed in sequence to simulate video playback. Firmware in a main processor captures and streams the photographs, and the receiving application is designed to display photographs in quick succession. To be space efficient, the photographs may be stored in a FIFO buffer so that only limited playback is available.
Alternative implementations of a remote viewer include one or more of reduced resolution or frame rate, file sectioning, frame sampling, and Wi-Fi to media server. Reduced
camera 10. A GPS ground plane 460 in the form of a stepped, generally U-shaped aluminum shroud is positioned between patch antenna 456 and GPS printed circuit board 454 and affixed to top surface 452 of the latter by GPS ground plane mounting tape 462. GPS receiver module 458 is mounted to GPS printed circuit board 454 on its bottom surface 464. A preferred GPS patch antenna 456 is a Model PA1575MZ50K4G-XX-21, which is a high gain, customizable antenna available from INPAQ Technology Co., Ltd., Taiwan. GPS patch antenna 456 is custom tuned to its peak frequency to account for detuning effects of the edges of optical support barrel 32a. A preferred GPS receiver module 458 is a Model NE0-6 module available from u-blox AG, Switzerland.
10 resolution or frame rate entails recording video in two formats, high quality and low quality, in which the lower quality file is streamed or played back after the recorded action has taken place. For streaming implementation, wireless connection bandwidth can be monitored to adapt to the available
FIGS. 29A and 29B show that GPS ground plane 460 is physically shaped to complement or mirror the curved shape of optical support barrel32a of housing 22 so that the ground plane area can be maximized as the shape of the ground plane conforms to, i.e., without altering, the shape of camera housing 22. Additionally, GPS patch antenna 456 is supported by
15 bandwidth the resolution, bit rate, and frame rate on the secondary recording. Additionally, buffering can be used in conjunction with adaptive bit rate control. File sectioning entails breaking a recording into small files and transferring each file upon completion to allow for viewing via a wireless
20 device in near real time. File transfer may be delayed so as to limit interruptions that result from bandwidth limitations. Frame sampling entails real time video frame sampling (e.g., video compression intraframes (!-frames) only). Wi-Fi to media server entails use ofWi-Fi to establish the camera as a
its own internal ground plane, which is arranged such that it overlaps the inside ofthe existing aluminum case. This overlap allows RF currents to pass between the aluminum case and GPS ground plane 460 through capacitive coupling and hence have the effect of increasing the size of the overall 25
ground plane area. This increased ground plane area further improves the GPS reception. Moreover, GPS patch antenna 456 is tuned with these components coupled for optimal reception by the overall system. The ground plane customization and electrical coupling to camera housing 22 or other 30
metal components of digital video camera 10 improve performance by achieving higher antenna gain and consequent enhanced signal reception when digital video camera 10 is mounted in multiple positions.
When recording video or taking photographs in a sports 35
application, digital video camera 10 is often mounted in a location that does not permit the user to easily see the camera. Implementing digital video camera 10 with a wireless connection protocol enables remote control of the operation of and remote access to image data stored in digital video cam- 40
era 10. In preferred embodiments, the integration of Bluetooth® wireless technology in the wearable digital video camera 10 facilitates implementation of several features, including remote control, frame optimization, multi-camera synchronization, remote file access, remote viewing, data 45
acquisition (in combination with GPS capability), and multidata sources access (in combination with GPS capahility).
Implementing Bluetooth® wireless technology in digital video camera 10 enables the user to control it remotely using a telephone, computer, or dedicated controller. This allows 50
digital video camera 10 to remain sleek, with few buttons and no screen. Additionally, a lack of need for access to a screen or controls provides more flexibility in mounting digital video camera 10.
media server on selected networks, allowing other devices to read and play content accessed from the device.
FIG. 30 is a simplified block diagram showing a preferred implementation of wireless technology in digital video camera 10. FIG. 30 shows digital video camera 10 with built-in Bluetooth® wireless module 400 that responds to a Contour Connect Mobile App application software executing on an operating system for mobile devices such as smartphones and tablet computers to enable such a mobile device to become a wireless handheld viewfinder. A Contour Connect Mobile App that is compatible for use with an iOS mobile operating system of Apple®, Inc. is available on the iPhone App Store and that is compatible for use on an Android mobile operating systemofGoogle Inc. is available on the Android Market. The firmware of a main processor 500 stores an updated version of compatible software to respond to the Contour Connect Mobile App executing on a mobile device. This wireless connection capability enables a user to configure camera settings in real time and preview what digital video camera 10 sees. Specifically, a user can check the camera angle on the wireless device screen and without guesswork align the camera shot and adjust video, light level, and audio settings before heginning the activity he or she wants to record.
The functionality permitted across industry standard interfaces is often limited by the receiving or transmitting device based on its permissions. This means that one device may refuse to permit certain functionality if the other device does not have proper certificates or authentications. For example, the Apple® iPhone and similar products require certain security authentication on data signals transmitted using the Blue-
The remote control device (i.e., telephone, computer, dedicated viewer, or other Bluetooth®-enabled device) can access files stored on digital video camera 10 to allow the user to review the content in such files and manage them on the camera. Such access can include file transfer or file playback in the case of video or audio content.
55 tooth® interface. The security requirements on such interfaces vary by product and the manufacturer. Oftentimes the same product is intended to connect with a variety of devices, and it is not desirable to integrate the security component for
Using a wireless signal transfer, the remote device can access data streaming from digital video camera 10. Such data can include camera status, video, audio, or other data (e.g., GPS data) collected. Standard video can exceed the bandwidth of a Bluetooth® connection. To resolve any quality of service issues, a fast photo mode is used to simulate video. In this case, photographs are taken in succession, then
60
all possible features or external devices. In preferred embodiments, the signal path is designed such
that the presence of this security integrated circuit is not required for full functionality for such other devices. However, by including a connector in this signal path, a security module can be added by the user after manufacturing to allow
65 connection with such controlled devices. By including such a connector in the signal path, the relevant signal security module may be provided separately for only those applications
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that require such security authentication. Additionally, in preferred embodiments, the Apple® security card is packaged separately as a self-contained card. The circuit is designed to retain the authentication integrity but to interface with the controlling device through a standard connector. FIG. 30 also shows placement of a Contour Connect View (security) Card 502 in a card slot and connector 504 of digital video camera 10 to enable connection with a supported Apple® iOS device. A Contour Connect View Card is available from Contour, Inc., the assignee of this patent application.
FIG. 31 is a flow diagram showing the pairing of two devices by Bluetooth® wireless connection. Main processor 500 of digital video camera 10 stores a data file identifying a Bluetooth®-enabled viewer/controller device 510. (An appearance of a smiley face icon in the flow diagrams indicates action by or display of status information to a user.) A user presses a wireless connection activator button (preferably located near switch activator 80 but not shown in the drawings) on camera housing 22 to tum on Bluetooth® module 400, which transmits a Bluetooth® ("BT") Connection Request signal to Bluetooth® connection-enabled viewer/ controller 510. Viewer/controller 510 receives the Bluetooth® Connection Request signal, determines whether there is a Bluetooth® ID connection match pair, and upon recognition of a match pair, determines whether viewer/controller 510 is iOS or Android implemented. If it is Android implemented and therefore Apple® security is not required, viewer/controller 510 allows and launches the Contour Connect Mobile App to perform Bluetooth® data transfer to and from digital video camera 10. If it is iOS implemented and Apple® security is required, viewer/controller 510 sends a Security Challenge signal for passage through Bluetooth® module 400 and main processor 500 to an Apple® coprocessor 514 mounted on Apple® security card 502. Apple® coprocessor 514 sends security codes for passage through main processor 500 and Bluetooth® module 400 to viewer/ controller 510, which confirms the security codes and allows and launches the Contour Connect Mobile App to perform Bluetooth® data transfer to and from digital video camera 10.
The use of a data file to identifY the Bluetooth® ID of a device allows two devices to pair when neither device has a display screen. FIG. 32 is a flow diagram showing an example of pairing Bluetooth® microphone 90 and digital video camera 10, neither of which has a display screen. Digital video camera 10 and a controller 510' are initially paired by Bluetooth® wireless data connection, and the Contour Connect Mobile App is active, as descrihed ahove with reference to FIG. 31. Viewer/controller 510 and controller 510' are of similar construction, except that the latter has no display screen. A user slides switch activator 80 to its ON position to supply power to microphone 90 and transmit a Pair Request signal to digital video camera 10, which detects and forwards to controller 510' a Microphone Pair Request signal for confirmation. The user responds to the pairing request by manipulating an actuator associated with controller 510'. If user actuation indicates refusal of the pairing request, controller 510' concludes the pairing process. If user actuation indicates acceptance of the pairing request, controller 510' transmits to digital video camera 10 a Confirmation signal, together with a passcode if one is required by microphone 90. Upon receipt of the Confirmation signal, digital video camera 10 transmits a Confirmation signal and any passcode to microphone 90 and thereby completes the pairing by initiating audio data capture and recording by the audio encoder in digital video camera 10.
FIG. 33 is a flow diagram showing a preferred camera position adjustment procedure carried out by a helmet-wear-
22 ing user, such as a bicycle or snow board rider or skier, to align digital video camera 10 mounted on the user's helmet. Digital video camera 10 and viewer/controller 510 are initially paired by Bluetooth® wireless data connection, and the Contour Connect Mobile App is active, as described above with reference to FIG. 31. A launch control/viewer application instruction causes transmission of a fast photo transfer Data Request signal to Bluetooth® data transfer-enabled digital video camera 10, which responds by enabling the taking of
10 photographs in rapid succession (e.g., five photographs each second) of the scene to which camera lens 26 is pointed. A mounting activity sequence 520 indicated in FIG. 33 represents user activity of mounting digital video camera 10 on the helmet assuming a riding position, and adjusting the position
15 and angle of digital video camera 10 by selecting its mounting surface location on the helmet and rotating rail plug 132 within base mount 130h of mounting system 300. The angle/ position mounting adjustment performed by the user causes the taking of photographs of the scene in rapid succession and
20 transmitting them for near real-time display to the user observing the display screen of viewer/controller 510. Successive iterations of angle/position mounting adjustment, picture taking in rapid succession, and user observation of the displayed scene continue until the user is satisfied with the
25 position of the scene displayed, whereupon the mounting position adjustment of digital video camera 10 on the helmet is complete.
Frame optimization can be accomplished with a remote control device or within digital video camera 10, if it is
30 equipped with a screen and controls. Frame optimization may entail one or both of lighting and color optimization and frame alignment, either manually or automatically.
FIG. 34 is a flow diagram showing a preferred manual lighting level and color settings adjustment procedure fol-
35 lowed by the user after completing the mounting position adjustment described above with reference to FIG. 33. The manual lighting level and color setting procedure shown in FIG. 34 differs from the mounting position adjustment procedure of FIG. 33 in that 1) mounting activity sequence 520
40 does not apply, 2) a settings OK decision block replaces the Position OK decision block in viewer/controller 510, and 3) the manual angle/position mounting adjustment causing the taking of photographs of the scene in rapid succession is replaced by transmission of a new settings instruction pro-
45 duced in response to user-manipulation of an alter lighting level and color settings actuator associated with viewer/controller 510. The manual lighting level and color adjustment procedure entails the user observing the successive photographs on the display screen and manipulating the alter light-
50 ing level and color settings actuator associated with viewer/ controller 510 until the user is satisfied with the lighting level and color displayed, whereupon the manual setting adjustment is complete.
Automatic lighting and color optimization uses video or 55 photographic analysis in controlling the device. FIG. 35 is a
flow diagram showing a preferred automatic lighting level and color settings adjustment procedure followed by the user after completing the mounting position adjustment described above with reference to FIG. 33. The automatic lighting level
60 and color settings procedure shown in FIG. 35 differs from the manual lighting level and color settings procedure shown in FIG. 34 in that an Auto Adjust iterative loop replaces the Settings OK decision block of FIG. 33. Specifically, a Start Auto Adjust process block initiates an iterative Auto Adjust
65 loop of programmed analysis of photograph color, lighting level, and position followed by a Quality Optimization decision query based on a set of progrannned quality standards.
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The Auto Adjust loop iteratively performs the analysis and causes transmission of a new settings instruction to digital video camera 10 to take additional photographs for display and analysis by viewer/controller 510. The automatic lighting level and color adjustment procedure entails the automatic internal analysis of the photographs on the display screen and preprogrammed automatic adjustment of the lighting level and color settings until the Quality Optimized decision block indicates that image quality meets preprogrammed optimum quality standards and the final Quality Optimized decision 10
block indicates that the user is satisfied by user manipulation
position and color matching, respectively, before and after correction. Illustration 534 shows Z-axis misalignment of the two camera images and color imbalance, and illustration 536 shows post-correction image position alignment and color matching.
By controlling multiple cameras, the user is able to coordinate shots from different angles and ensure the color and lighting settings are similar to allow for seamless switching in playback. The preferred embodiments could be expanded so that in the event there were multiple devices daisy-chained together, they could use a single authentication. For example,
of an actuator indicating the automatic setting adjustment is complete. Viewer/controller 510 can implement tuning algorithms to analyze frames, adjust settings, and reanalyze the frames to optimize lighting level and color settings. Small and 15
fine aligrm1ent adjustments can be made automatically by altering the pixels used to define the frame. These adjustments can be made by redefining the center pixel or by redefining the bounding box. These adjustments can be horizontal, vertical, and rotational, including rotating a full 180° to 20
allow for digital video camera 10 to be positioned upside down, as shown in FIG. 25D. For more precise optimization, digital video camera 10 may be pointed at a predefined chart
if there were two cameras that were connected via Bluetooth® to a device that required such authentication, the signal from one camera could route through the other to use its security and the intermediary device would be the only device that requires such security provision. This security component may also be able to become a standalone component that is simply inserted into the security path as a passthrough that adds the authentication or approval required only for the receiving device and performs any translation required for the response to be interpreted properly.
FIG. 37 shows an exemplary user application to allow the user to change lighting level and color settings and immediately see the resulting changed video. FIG. 37 is a flow dia-to allow the automatic adjustments to achieve more precise
and consistent settings. Use of the many-to-many nature of Bluetooth® wireless
technology enables a user to control multiple cameras. Multicamera control allows for the controller to coordinate the lighting level and color settings on all cameras, provide guides for alignment of camera positions, and synchronize the videos on multiple cameras with synchronous start/stop or synchronous "alignment" on-screen display (OSD) frames or audio sound that can be embedded in the video to facilitate editing and post-processing. Use of wireless connection allows one camera to provide a synchronization signal to another camera so that videos can be synchronized in postprocessing. The OSD frames may be stored in advance in the memory of digital video camera 10 and be simply triggered by a frame sync pulse to limit transmission bandwidth requirements and any associated errors or delays. This synchronization may include information such as, for example, video file name and camera identity of the primary camera. To improve accuracy of synchronization timing, the wireless transfer rate can be calibrated by pinging a secondary device and listening for response. To further improve accuracy, this ping/response cycle is repeated multiple times.
A separate remote device can be used to pair two cameras in which neither camera has a screen. FIG. 36 shows a (Master) Camera 1 and a (Slave) Camera 2 of the same type as digital video camera 10 aimed at a common chart 530. The relative camera mounting can be adjusted to align the images in the Z-axis. The lighting level and color settings can be adjusted so that they are matched. Aligning the images and adjusting lighting level and color settings eliminate a need for post-processing when combining videos from multiple cameras at multiple angles or three-dimensional views. FIG. 36 shows an iPhone paired to Cameras 1 and 2 implemented with remote Start/Stop capability, which is described below. Mas-ter Camera 1 sends an OSD frame sync pulse to Slave Camera 2. Master Camera 1 analyzes photographs from Slave Camera 2 and adjusts settings to match the alignment and settings of Master Camera 1.
25 gram showing Camera 1 and an iOS mobile phone or tablet computer device 510 paired by Bluetooth® wireless connection and cooperating to accomplish without security the passthrough of Camera 2 data. A user pushes the wireless connection activator button on Camera 2 to transmit a Pair
30 Connection Request signal to Bluetooth®-enabled Camera 2, which detects the request, confirms the pairing, and transmits a signal to Camera 2 to complete the pairing. Camera 2 responds by taking photos in rapid succession and transmitting them together with status information to Camera 1 for
35 pass-through transmission to device 510 for display as Camera 2 image and data on display screen 532. A user manipulates an actuator associated with device 510 to change lighting level and color settings by causing transmission to Camera 1a New Settings command signal for pass-through
40 transmission to Camera 2, which responds by changing its lighting and color settings.
Data acquisition and data synchronization in the use of wireless communication, preferably in cooperation with GPS capability, can be accomplished by one of several techniques.
45 When capturing video during an activity, data may be used to better describe the activity as well as used for editing and optimizing either during recording or in post-processing. Typically, these data would be embedded in the video as user data or in the file as a data track (in accordance with MPEG
50 specifications). In a first alternative, the data may be written to a text track in the file. These data are ignored by players unless text display is turned on. Post-processing algorithms extract these data for analysis. Generally, the text track survives editing. In a second alternative, the data may be written to a
55 separate file, and the file name for the data may be written as metadata on the video file so that post-processing applications can properly associate the data with the video. Optimally, the data are synchronized with the video, but they need not be frame synchronized. In the event the data are stored in
60 a separate file, a timestamp could be used to synchronize the video. This marker may be embedded in the data file to tag the file at a single time (e.g., beginning, middle, end, or upon designation by the user), tag the file with every video frame, FIG. 36 presents two illustrations of a display screen 532 of
viewer/controller 510 of an iPhone type showing for user observation side-by-side images produced by Cameras 1 and 65
2 viewing chart 530. Upper illustration 534 and lower illustration 536 show the comparative relationship between the
or tag periodically. FIG. 38 shows a hybrid flow diagram and pictorial illus
tration of iPhone viewer/controller 510 paired by Bluetooth® wireless data and control command connection to Cameras 1
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and 2 to implement a remote Start/Stop capability for multiple cameras. (Cameras 1 and 2 are also identified by the respective reference numerals 10 1 and 102 to indicate they are of the same type as digital video camera 10.) The flow diagram shows iPhone viewer/controller 510 paired to Cameras 1 and 2 and Contour Connect Mobile App in its active operating mode. The pictorial view of iPhone viewer/controller 510 shows on its display screen 532 a Start Record actuator.
The user wanting to start a recording session taps the Start Record actuator to transmit to Bluetooth®-enabled Cameras 1 and 2 a Start Recording command signal. The flow diagram shows Cameras 1 and 2 recording video data in response to the Start Recording command signal. Bluetooth® wireless module 400 in each of Cameras 1 and 2 is configured to respond to the Start Recording command signal, irrespective of the OFF state of switch activators 80 of Cameras 1 and 2.
The user wanting to complete a recording session taps a Stop Record actuator (not illustrated in FIG. 38) on display screen 532 to transmit to Cameras 1 and 2 a Stop Recording command signal. The flow diagram shows Cameras 1 and 2 stopping video recording in response to the Stop Recording command signal.
FIG. 38 also shows upper and lower timing diagrams illustrating the timing sequences of video frame acquisition by Cameras 1 and 2 when they are, respectively, manually started asynchronously in response to user-positioning of switch activators 80 and started nearly synchronously in response to user-tapping of the Start Record actuator on display screen 532 of iPhone controller/viewer 510. The lower timing diagram shows the benefit of wireless connection in accomplishing near synchronous acquisition of streams of video data from multiple cameras.
FIG. 39 is a flow diagram showing an example of pairing Camera 1 and Camera 2 by Bluetooth® wireless data and control command connection through either viewer/controller 510 or controller 510', the latter of which is illustrated in FIG. 39. FIG. 39 shows Camera 1 paired by Bluetooth® wireless connection to controller 510' and Contour Connect Mobile App in its active operating mode. A user presses the wireless connection activator button on Camera 2 to tum on its Bluetooth® module 400, which transmits a Bluetooth® Pair (connection) Request signal to Camera 1. Camera 1, which is already paired with controller 510', detects the Pair Request signal and transmits a Camera Pair Request signal to controller 510'. Controller 510' presents a pairing request to the user, who manipulates an actuator to refuse the requested pairing connection, and therehy stop the pairing process, or manipulates an actuator to accept the requested pairing connection, and thereby transmit and pass through Camera 1 to Camera 2 a Confirm Pairing signal to complete the pairing connection.
26 tion of the calibrated delay determined by the synchronization calibration sequence 540 to achieve a synchronized start of recording video data by Cameras 1 and 2.
An on-screen display ("OSD") sync pulse insertion process 544 facilitates video frame synchronization in video and audio post-processing. Camera 1 transmits a Trigger OSD Sync signal to Camera 2 in response to the start of video data recording by Camera 1. Camera 2 responds to the Trigger OSD Sync signal by inserting an OSD Sync pulse overlay in
10 the stream of video frames Camera 2 acquires. After expiration of the calibrated delay determined by synchronization calibration sequence 540, Camera 1 inserts an OSD Sync pulse overlay in the stream of video frames Camera 1 acquires. The time base for computing calibration delay and
15 OSD Sync pulse insertion is preferably provided by a GPS date/time clock available to GPS receiver 458.
A video and audio post-processing procedure 546 entails perfom1ing a search of the streams of video frames for the OSD Sync pulses and shifting the timing of the stream of
20 video frames of Camera 2 to match the OSD Sync pulses of Camera 1. The frame center, color, audio volume, and other parameters of the Camera 2 video and audio data are adjusted using the OSD Sync pulse so that the streams of video and audio data can be combined for multi-angle shots, three-
25 dimensional images, or other effects. FIG. 40 is a block diagram showing the post-processing
procedure of synchronizing audio data produced by a wireless microphone 550 and wired microphone 90 incorporated in digital video camera 10. Audi data produced by micro-
30 phone 90 are compressed by an audio codec 552. An audio signal produced by wireless microphone 550 is received by Bluetooth® wireless module 400, converted to digital fonn by an analog-to-digital convertor 554, and compressed by an audio codec 556. Video data produced by image sensor 18 is
35 compressed by a video codec 558, which resides in main processor 500 of digital video camera 10. AnAudia I Track of hard-wired audio data, an Audio 2 Track of wireless audio data, and a Video Track of video data delivered from the respective outputs of audio codec 552, audio codec 556, and
40 video codec 558 are combined and contained as parallel tracks in an original video file 560 and stored in an SD memory card 562.
Wireless microphone 550 introduces a delay in the Audio 2 Track. FIG. 40 illustrates this delay by showing a one-frame
45 temporal offset between corresponding frames of the Audio 1 and 2 Tracks. The above-described OSD Sync pulse functions as an audio time stamp that can he used to correct for the delay and thereby synchronize the Audio 1 and 2 Tracks for automatic post-processing audio analysis. Post-processing is per-
50 formed in a peripheral computer 570, which includes a video editor 572 having an audio tracks extraction module 574 that receives from SD card 562 the stored Video, Audio 1, and Audio 2 Tracks data from original video file 560. Audio tracks extraction module 574 separates the Audio 1 and 2 Tracks,
A synchronization calibration sequence 540 performed between Cameras 1 and 2 calibrates transmission delays between them. Camera 1 transmits to Camera 2 a Sync Calibration signal, to which Camera 2 responds by transmitting a Sync Response signal. Camera 1 determines a calibration delay representing the amount of delay from transmission of the Sync Calibration signal to receipt of the Sync Response signal. This process is repeated a number of times until successive measured calibrated delays are within an operational 60
tolerance.
55 and an audio synchronizer module 576 using the time stamp sync pulse synchronizes them. The synchronized Audio 1 and 2 Tracks, together with the Video Track, are combined in a video/audio combiner module 578 and delivered in proper temporal frame alignment to a new video file 580.
Data measurements performed depend on the type of data acquired. The most appropriate data varies based upon sport or type of motion recorded; therefore, ideally data sensors are tailored to the relevant sport. Additionally, the best location for measuring data is often not the ideal location for mounting
A synchronized video recording process 542 starts upon completion of synchronization calibration sequence 540. Camera 1, operating as the master camera and in response to a user-controlled trigger signal, transmits a Start Recording signal to Camera 2, which responds by starting to record video data. Camera 1 starts to record video data after expira-
65 a camera. FIG. 41 is a simplified block diagram showing the process
ing of a single track of data from one data source. FIG. 41
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shows digital video camera 10 including in its main processor 500 a video file 600 containing a Video Track, an Audio Track, and a Text Track. The Video and Audio Tracks correspond to, respectively, the Video and Audio 1 Tracks contained in original video file 560 of FIG. 40. The Text Track represents data that are produced by a subtitle generator 602 hardwired to main processor 500 and is presented for display on the video frames.
28 The foregoing approach differs from the prior art technique
of automatically switching between an internal microphone and an external microphone, where the external microphone is used when it exists and software automatically reverts to the internal microphone when the external microphone signal is unavailable. Automatic switching would, however, mix audio from different locations and not provide a seamless audio experience.
FIG. 42 is a simplified block diagram showing the process-10 ing of multiple tracks of data from multiple data sources. FIG.
42 shows digital video camera 10 including in its main processor 500 a video file 610 containing Video and Audio Tracks corresponding to those contained in video file 600 of
By using Bluetooth® with its many-to-many connections, multiple data sources can be recorded by the camera. These data sources can be customized to the specific application, for example for automobile racing, data relating to the automobile engine may be captured from on-board diagnostics and transmitted to digital video camera 10, where the data can be
15 embedded in the video stream for later playback. Examples of multiple data sources include streaming data to one or more cameras from one or more data sources (e.g., GPS data from telephone or GPS collection device, and audio data from remote microphone) and storing such data as individual files 20
or embedded in the video file as metadata, audio tracks, or text.
In post-processing, data associated with video content can
FIG. 41 and five text tracks described below. A data processing and calculations module 612 of main
processor 500 receives data from GPS receiver 458, camera sensors 614, Bluetooth® wireless module 400 receiving data transmissions from Bluetooth® wireless connection-enabled sources, and a wired data module 614 and delivers these data as Text Track I, Text Track 2, Text Track 3, Text Track 4, and Text Track 5, respectively.
Text Track 1 contains GPS data such as longitude, latitude, elevation, date/time, and other data available from GPS receiver 458. The date/time information enables associating
25 acquired video and other data, including data on Text Tracks 2-5, to a certain time point in the video data stream. Peripheral computer 570 takes the time-stamped information and displays it by time point. The transmission delay calibration described with reference to FIG. 39 can be implemented
be used in editing to correct for shade/lighting changes, to correct for video processing errors, and to enhance the story with information about the path taken, location of the video, speed, and other information. Location and time data embedded in video from sources such as GPS can be used to synchronize videos in post-processing generating a three-dimensional video. Speed, vibration, altitude, temperature, date, and location can be combined to determine the likely sport or activity as part of a post-processing suite. The recommendations can be tuned based on data gathered from a large body of videos in which the activity in the video has been identified. Data associated with video content may be used to associate 35
and group videos from one or more users. The groupings may
30 using the GPS-provided date/time clock as a time standard.
be based on any characteristic such as time, location, speed, and other factors. Videos that intersect in time or location may be linked so that the viewer can transition to a different camera or video when two videos cross in location or time. 40
Additionally, the data can be used to correlate multiple cameras or videos to create multiple view angles for the same location or event. These data may also be used to correlate videos of the same location taken over time to document the changes in that location over extended durations (hours, days, 45
weeks, years).
Text Track 2 contains operating parameter data such as video resolution, compression rate, and frame rate information available from camera sensors 614 associated with digital video camera 10.
Text Tracks 3 and 4 contain data acquired from Bluetooth® wireless connection-enabled Data A and Data B transmission sources such as, for example, race car engine sensor data and race car driver heart rate monitor data. These data are typically periodically transmitted to Bluetooth® module 400. Another example of Data A and Data B sources is data sources transmitting data at different transmission rates.
Text Track 5 contains data produced from a text data module (e.g., subtitle generator 602 of FIG. 41) hardwired to data processing and calculations module 612.
It will be obvious to those having skill in the art that many changes may be made to the details of the above-described embodiments without departing from the underlying principles of the invention. For example, skilled persons will appreciate that subject matter of any sentence or paragraph
Multiple "language" tracks on video file can be used to capture different audio sources (including wireless microphone) from the video camera. This allows the user to select from the optimal audio source in post-processing or allows automatic correction for signal errors and synchronization issues. By storing multiple sources, users are post-processing algorithms and may select the most reliable track in the event there is a dropout resulting from signal quality issues caused
50 can be combined with subject matter of some or all of the other sentences or paragraphs, except where such combinations are mutually exclusive. The scope of the present invention should, therefore, be determined only by the following claims.
by use of a wireless device. Additionally, audio may be cap- 55
tured from multiple sources and from different locations to provide different audio information so that the preferred audio may be selected in post-processing. In the event multiple audio tracks are not available, data tracks may be used and the data can be converted into an audio source in post- 60
processing. In the event the wireless audio source cannot be channeled through the audio codec, the raw data can be stored and post-processing can modify these data to convert them to audio. Any delay introduced by the wireless connection can be corrected by synchronizing the wireless audio source to 65
the primary audio source (internal microphone) using the audio waveforms.
The invention claimed is: 1. An integrated, hands-free, portable, viewfinderless point
of view digital video camera, comprising: a lens and an image sensor, the image sensor capturing light
propagating through the lens and representing a scene to be recorded, and the image sensor producing real time video image data of the scene;
a wireless connection protocol device configured to send real time image content by wireless transmission directly to and receive control signals or data signals by wireless transmission directly from a wireless connection-enabled controller; and
a camera processor configured to:
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receive the video image data directly or indirectly from the image sensor,
generate, from the video image data, first video image content at a first resolution and second video image content at a second resolution, wherein the first resolution is lower than the second resolution,
communicate the first video image content using the wireless connection protocol device to the wireless connection-enabled controller without displaying the first video image content, the second video image 10
content, or the video image data at the video camera, receive the control signals from the wireless connection
enabled controller, adjust image capture settings of the video camera prior
to recording the scene based at least in part on at least 15
a portion of the control signals, and in response to a record command, cause the second
video image content to be stored at the video camera, wherein
30 signals comprising at least one of a frame alignment, multi-camera synchronization, and a resolution setting, and at least one of a lighting setting, a color setting, and an audio setting;
means for receiving, prior to recording the scene, the control signals directly from the personal portable computing device via wireless transmission;
means for adjusting one or more settings of the video camera based at least in part on at least a portion of the control signals received from the personal portable computing device; and
means for causing the second data stream to be stored in a storage device as a second video file at the video camera based at least in part on a record command.
4. The point of view digital video camera of claim 3, wherein the first data stream comprises first video image content and the second data stream comprises second video image content, wherein the first video image content and the second video image content comprises the same video image
the wireless connection-enabled controller comprises executable instructions for execution on a handheld personal portable computing device, wherein when executed, the executable instructions cause the handheld personal portable computing device to:
20 content at different resolutions or different frame rates.
receive the first video image content from the wireless 25
connection protocol device, display the first video image content on a display of the
handheld personal portable computing device, the first video image content comprising a preview image of the scene, the preview image allowing a user of the 30
video camera to manually adjust a position or orientation of the video camera to record the scene,
generate the control signals based at least on input received at the handheld personal portable computing device, wherein the control signals comprise at least 35
one of a frame alignment, a multi-camera synchronization, remote file access, and a resolution setting and at least one of a lighting setting, an audio setting, and a color setting, and
communicate the control signals to the wireless connec- 40
tion protocol device.
5. The point of view digital video camera of claim 3, further comprising:
means for causing the first data stream to be stored in the storage device at the video camera as a first video file based at least in part on the record command, and
following an end record command: means for receiving a request to view the video image
data, and means for wirelessly communicating content from the
first video file directly to the personal portable computing device for display on the display of the personal portable computing device.
6. The point of view digital video camera of claim 3, wherein the video camera is configured as a server to the personal portable computing device.
7. The point of view digital video camera of claim 3, wherein the video camera does not have a scene preview screen.
8. The point of view digital video camera of claim 3, wherein the first data stream comprises at least one of a first image resolution that is lower than a second image resolution of the second data stream and a first frame rate that is lower than a second frame rate of the second data stream.
9. The point of view digital video camera of claim 3,
2. The point of view digital video camera of claim 1, wherein the first video image content comprises a lower frame rate than a frame rate of the second video image content.
3. A portable, point of view digital video camera, compris-ing:
a lens;
45 wherein the first data stream comprises a first image resolution that is lower than a second image resolution of the second data stream and a first frame rate that is lower than a second frame rate of the second data stream.
means for capturing light propagating through the lens and representing a scene and producing real time video 50
image data of the scene; means for receiving the video image data directly or indi
rectly from the means for capturing light; means for generating a first data stream and a second data
stream corresponding to the video image data, wherein 55
the second data stream is a higher quality than the first data stream;
means for wirelessly communicating the first data stream directly to a personal portable computing device for display on a display of the personal portable computing 60
device, wherein the first data stream comprises a preview image
of the scene, the preview image allowing a user of the video camera to adjust a position or orientation of the video camera to record the scene, and
wherein the personal portable computing device generates control signals for the video camera, the control
65
10. The point of view digital video camera of claim 3, further comprising:
means for monitoring a wireless connection bandwidth between the video camera and the personal portable computing device, and
means for adjusting at least one of a frame rate and an image resolution of the first data stream based at least in part on the monitored wireless connection bandwidth.
11. A portable, point of view digital video camera, com-prising:
a lens; an image sensor configured to capture light propagating
through the lens and representing a scene, and produce real time video image data of the scene;
a wireless connection protocol device configured to send real time image content by wireless transmission directly to and receive control signals or data signals by wireless transmission directly from a personal portable computing device executing an application; and
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a camera processor configured to: receive the video image data directly or indirectly from
the image sensor, generate from the video image data a first image data
stream and a second image data stream, wherein the second image data stream is a higher quality than the first image data stream,
cause the wireless connection protocol device to send the first image data stream directly to the personal portable computing device for display on a display of 10
the personal portable computing device, wherein the personal portable computing device generates the control signals for the video camera, and wherein the control signals comprise at least one of a frame align-
15 ment, multi-camera synchronization, remote file access, and a resolution setting, and at least one of a lighting setting, a color setting, and an audio setting,
receive the control signals from the personal portable computing device, and 20
adjust one or more settings of the video camera based at least in part on at least a portion of the control signals received from the personal portable computing device.
12. The point of view digital video camera of claim 11, 25
wherein the first image data stream comprises first video image content and the second image data stream comprises second video image content, wherein the first video image content and the second video image content comprise substantially the same video image content at different resolu- 30
tions or different frame rates. 13. The point of view digital video camera of claim 11,
wherein based at least in part on a record command, the camera processor is further configured to cause the first image data stream to be stored in a storage device at the video 35
camera as a first video file and cause the second image data stream to be stored in the storage device at the video camera as a second video file.
14. The point of view digital video camera of claim 13, wherein following an end record command, the camera pro- 40
cessor is further configured to: receive a request to view the video image data, and cause the wireless connection protocol device to wirelessly
communicate content from the first video file directly to the personal portable computing device for display on 45
the display of the personal portable computing device. 15. The point of view digital video camera of claim 11,
wherein the control signals comprise the color setting and the camera processor is configured to adjust a video camera color setting based at least in part on the color setting from the 50
control signals. 16. The point of view digital video camera of claim 11,
wherein the control signals comprise the lighting setting and the camera processor is configured to adjust a video camera lighting setting based at least in part on the lighting setting 55
from the control signals. 17. The point of view digital video camera of claim 11,
wherein the control signals comprise the audio setting and the camera processor is configured to adjust a video camera audio setting based at least in part on the audio setting from the 60
control signals. 18. The point of view digital video camera of claim 11,
wherein the video camera is configured as a server to the personal portable computing device.
19. The point of view digital video camera of claim 11, 65
wherein the first image data stream comprises at least one of a first image resolution that is lower than a second image
32 resolution of the second image data stream and a first frame rate that is lower than a second frame rate of the second image data stream.
20. The point of view digital video camera of claim 11, wherein the first image data stream comprises a first image resolution that is lower than a second image resolution of the second image data stream and a first frame rate that is lower than a second frame rate of the second image data stream.
21. The point of view digital video camera of claim 11, wherein the camera processor is further configured to:
monitor a wireless connection bandwidth between the wireless connection protocol device and the personal portable computing device, and
adjust at least one of a frame rate and an image resolution of the first image data stream based at least in part on the monitored wireless connection bandwidth.
22. A method for previewing a scene to be recorded on an integrated point of view digital video camera, the method comprising:
capturing in real time the scene using a lens and an image sensor of the video camera;
generating video image content corresponding to the scene at a first quality and at a second quality, wherein the first quality is lower than the second quality;
wirelessly communicating the video image content at the first quality in real time using a wireless connection protocol device of the video camera directly to a personal portable computing device, wherein the video image content at the first quality is displayed on a display of the personal portable computing device, thereby allowing a user to manually adjust a position or orientation of the video camera to record the scene, wherein the personal portable computing device generates control signals for adjusting one or more settings of the video camera, the control signals comprising at least one of a frame aliglllllent, a multi -camera synchronization, and a resolution setting and at least one of a lighting setting, an audio setting, and a color setting;
receiving the control signals directly from the personal portable computing device to adjust the settings of the video camera prior to recording the scene; and
based at least in part on a record command, storing the video image content at the second quality at a storage device at the video camera.
23. The method of claim 22, further comprising: based at least in part on the record command, causing the
video image content at the first quality to he stored in the storage device at the video camera as a first video file, and
following an end record command: receiving a request to view the video image content, and wirelessly communicating content from the first video
file directly to the personal portable computing device for display on the display of the personal portable computing device.
24. The method of claim 22, wherein the video image content at the first quality comprises at least one of a first image resolution that is lower than a second image resolution of the video image content at the second quality and a first frame rate that is lower than a second frame rate of the video image content at the second quality.
25. The method of claim 22, wherein the video image content at the first quality comprises a first image resolution that is lower than a second image resolution of the video image content at the second quality and a first frame rate that is lower than a second frame rate of the video image content at the second quality.
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26. The method of claim 22, further comprising: monitoring a wireless connection bandwidth between the
wireless connection protocol device and the personal portable computing device, and
adjusting at least one of a frame rate and an image resolution of the video image content at the first quality based at least in part on the monitored wireless connection bandwidth.
27. A portable, point of view digital video camera, comprising:
a lens; 10
an image sensor configured to capture light propagating through the lens and representing a scene, and produce real time video image data of the scene, wherein the video camera does not include a screen for viewing the 15
scene; a wireless connection protocol device configured to send
real time image content by wireless transmission directly to and receive control signals or data signals by wireless transmission directly from a personal portable 20
computing device; and a camera processor configured to:
receive the video image data directly or indirectly from the image sensor,
generate from the video image data a first image data 25
stream and a second image data stream, wherein the second image data stream comprises a higher resolution image than the first image data stream,
prior to recording the scene, cause the wireless connection protocol device to communicate the first image 30
data stream directly to the personal portable computing device for display on a display of the personal portable computing device, wherein the personal portable computing device generates the control signals for the video camera, and wherein the control signals
34 comprise at least one of a frame alignment, multicamera synchronization, remote file access, and a resolution setting, and at least one of a lighting setting, a color setting, and an audio setting,
receive the control signals from the personal portable computing device, and
adjust one or more settings of the video camera based at least in part on at least a portion of the control signals received from the personal portable computing device.
28. The point of view digital video camera of claim 27 wherein: '
based at least in part on a record command, the camera processor is further configured to cause the first image data stream to be stored in a storage device at the video camera as a frrsl video D.le and cause lhe second image data stream to be stored in the storage device at the video camera as a second video file, and
following an end record command, the camera processor is further configured to: receive a request to view the video image data, and cause the wireless connection protocol device to wirc-
lessly communicate content from the first video file directly to the personal portable computing device for display on the display of the personal portable computing device.
29. The point of view digital video camera of claim 27 wherein the video camera is configured as a server to th~ personal portable computing device.
30. The point of view digital video camera of claim 27 wherein the first image data stream comprises a first fram~ rate that is lower than a second frame rate of the second image data stream.
* * * * *
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c12) United States Patent O'Donnell et al.
(54) PORTABLE DIGITAL VIDEO CAMERA CONFIGURED FOR REMOTE IMAGE ACQUISITION CONTROL AND VIEWING
(71) Applicant: Contour, LLC, Provo, UT (US)
(72) Inventors: Laura O'Donnell, Hermosa Beach, CA (US); Richard Mander, Bainbridge, WA (US); Michael Denton, Christchurch (NZ); Ben Bodley, Christchurch (NZ); Alan Tompkins, Ferny Grove (AU); Keith Gurganus, San Diego, CA (US); Kelvin P. Barnsdale, Christchurch (NZ); Simon Third, Christchurch (NZ); Carm Pierce, Stanwood, WA (US); Carl Perkins, Seattle, W/'1.. (US)
(73) Assignee: Contour, LLC, Provo, UT (US)
( *) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 3 5 U.S.C. 154(b) by 0 days.
(21) Appl. No.: 141268,724
(22) Filed: May 2, 2014
(65) Prior Publication Data
US 201410240505 AI Aug. 28, 2014
Related U.S. Application Data
(63) Continuation of application No. 131822,255, filed as application No. PCTIUS2011/051418 on Sep. 13, 2011.
(60) Provisional application No. 61/382,404, filed on Sep. 13, 2010.
(51) Int. Cl. H04N9147 H04N51232
(52) U.S. Cl.
(2006.01) (2006.01)
(Continued)
CPC ............ H04N 5123206 (2013.01); GOSC 17102 (2013.01); H04N 2112385 (2013.01); H04N
(Continued)
111111 1111111111111111111111111111111111111111111111111111111111111 US008896694B2
(10) Patent No.: US 8,896,694 B2 Nov.25,2014 (45) Date of Patent:
(58)
(56)
CA CN
Field of Classification Search None See application file for complete search history.
References Cited
U.S. PATENT DOCUMENTS
D246,528 S 4,516,157 A
1111977 Miller 5/1985 Campbell
(Continued)
FOREIGN PATENT DOCUMENTS
2 463 117 A1 1425953 A
8/2004 6/2003
(Continued) OTHER PUBLICATIONS
Happich, Julien, Ambarella targets pocket -sized hybrid cameras with its ASs SoCs, eetimes.com, retrieved from the Internet on Jul. 17, 2014: http:/ /www.eetimes.com/document.asp?doc_id~ 1270493, Jan. 7, 2010, Cambridge, UK.
(Continued)
Primary Examiner- Sath V Perungavoor Assistant Examiner- Dakshesh Parikh (74) Attorney, Agent, ur Firm- Knobbe, Martens, Olson and Bear, LLP
(57) ABSTRACT
A wearable digital video camera (10) is equipped with wireless connection protocol and global navigation and location positioning system technology to provide remote image acquisition control and viewing. The Bluetooth® packetbased open wireless technology standard protocol ( 400) is preferred for use in providing control signals or streaming data to the digital video camera and for accessing image content stored on or streaming from the digital video camera. The GPS technology ( 402) is preferred for use in tracking of lhe localion of lhe digilal video camera as il records image information. A rotating mount (300) with a locking member (330) on the camera housing (22) allows adjustment of the pointing angle of the wearable digital video camera when it is attached to a mounting surface.
20 Claims, 35 Drawing Sheets
GOPR0-1 002, Page 001
Appx148
Case: 17-1894 Document: 20 Page: 202 Filed: 07/31/2017
(51)
(52)
(56)
US 8,896,694 B2 Page 2
Int. Cl. D603,442 S 7,646,910 B1 G08C 17102 (2006.01) 7,658,556 B2
H04N 21/2385 (2011.01) 7,661,891 B2 H04N 2112365 (2011.01) 7,675,550 B1 G08B 131196 (2006.01) 7,688,203 B2 H04N7/18 (2006.01) 7,688,364 B2
7,725,015 B2 G06F 19100 (2011.01) 7,753,599 B2
H04N211258 (2011.01) 7,778,237 B2 H04N21/462 (2011.01) 7,856,468 B2 H04N 2112662 (2011.01) D630,238 S
H04N51225 (2006.01) 7,880,776 B2 7,893,967 B1 H04N 211218 (2011.01) 7,898,573 B1
H04N 2112343 (2011.01) D640,304 S U.S. Cl. D640,722 S CPC ............... 21/2365 (2013.01); G08B 13/19682 7,965,888 B2
7,982,788 B1 (2013.01); H04N 71181 (2013.01); G06F D643,057 S
1913418 (2013.01); H04N 7118 (2013.01); 8,014,656 B2 H04N 21125825 (2013.01); H04N 2114621 D646,315 S
(2013.01); H04N 2112662 (2013.01); H04N 8,045,850 B2
512251 (2013.01); H04N 21121805 (2013.01); 8,079,501 B2 D653,692 S H04N 211234363 (2013.01); G08B 13119641 8,120,651 B2
(2013.01); G08B 1311966 (2013.01); H04N 8,131,071 B2 71183 (2013.01); G08B 13119684 (2013.01) D663,350 S
USPC ........... 348/143; 348/157; 725/105; 600/300 D665,006 S 8,243,171 B2
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Appx149
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12/2005 Bryant 112006 Ku 3/2006 Ollila
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1112007 Anglin eta!. ................. 600/300 1112007 Chen 12/2007 Wang 2/2008 Bloebaum 5/2008 Xi a 6/2008 Kong eta!.
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GOPR0-1 002, Page 002
Case: 17-1894 Document: 20 Page: 203 Filed: 07/31/2017
US 8,896,694 B2 Page 3
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0980181 1638326 A1 1903782 A2 2070322 A2 2870365 A3
61-118076 06141308
08-223524 2002152371 2002300238 2004206707 2006146542 2006186904 2006332970 2006352540 2007019644 A 2007103091 2007310815 2008536443 2009021914
WO 2006071123 A1 wo 2006110109
6/2005 3/2008 8/2011 4/2012 8/2012 4/2013
10/1998 8/2002 6/2004 5/1999 2/2000 3/2006 3/2008 2/2011
1112005 6/1986 5/1994 8/1996 5/2002
10/2002 7/2004 6/2006 7/2006
12/2006 12/2006
112007 4/2007
1112007 9/2008 112009 7/2006
10/2006
OTHER PUBLICATIONS
725/109 348/157
348/164
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GOPR0-1 002, Page 003
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US 8,896,694 B2 Page 4
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* cited by examiner
GOPR0-1 002, Page 004
Appx151
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U.S. Patent Nov. 25, 2014
FIG. 1A (Prior Art)
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Appx152
Case: 17-1894 Document: 20 Page: 206 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014
FIG. 2A (Prior Art)
Sheet 2 of 35 US 8,896,694 B2
GOPR0-1 002, Page 006
Appx153
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U.S. Patent Nov. 25, 2014 Sheet 3 of 35 US 8,896,694 B2
GOPR0-1 002, Page 007
Appx154
Case: 17-1894 Document: 20 Page: 208 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014
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Appx155
Case: 17-1894 Document: 20 Page: 209 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 5 of 35 US 8,896,694 B2
GOPR0-1 002, Page 009
Appx156
Case: 17-1894 Document: 20 Page: 210 Filed: 07/31/2017
U.S. Patent Nov. 25,2014 Sheet 6 of 35 US 8,896,694 B2
FIG. 5
GOPR0-1002, Page 010
Appx157
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U.S. Patent Nov. 25, 2014 Sheet 7 of 35 US 8,896,694 B2
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Case: 17-1894 Document: 20 Page: 213 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 9 of 35 US 8,896,694 B2
162 i32a
FIG. 12
FIG. 10
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Appx160
Case: 17-1894 Document: 20 Page: 214 Filed: 07/31/2017
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Case: 17-1894 Document: 20 Page: 215 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 11 of 35 US 8,896,694 B2
FIG. 13B FIG. 13C
GOPR0-1002, Page 015
Appx162
Case: 17-1894 Document: 20 Page: 216 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 12 of 35 US 8,896,694 B2
132b
FIG. 148
GOPR0-1002, Page 016
Appx163
Case: 17-1894 Document: 20 Page: 217 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 13 of 35 US 8,896,694 B2
GOPR0-1002, Page 017
Appx164
Case: 17-1894 Document: 20 Page: 218 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 14 of 35 US 8,896,694 B2
FIG. 17
GOPR0-1002, Page 018
Appx165
Case: 17-1894 Document: 20 Page: 219 Filed: 07/31/2017
U.S. Patent Nov. 25,2014 Sheet 15 of 35 US 8,896,694 B2
FIG. 18
GOPR0-1002, Page 019
Appx166
Case: 17-1894 Document: 20 Page: 220 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 16 of 35 US 8,896,694 B2
3oo 11P 136 " ; ........ ":
138
FIG. 19
GOPR0-1 002, Page 020
Appx167
Case: 17-1894 Document: 20 Page: 221 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 17 of 35 US 8,896,694 B2
FIG. 21
304
310 -·~::~~ .. ·"""" ~~~==~~~ 314 w ••• ~ FIG. 22
GOPR0-1 002, Page 021
Appx168
Case: 17-1894 Document: 20 Page: 222 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 18 of 35 US 8,896,694 B2
GOPR0-1 002, Page 022
Appx169
Case: 17-1894 Document: 20 Page: 223 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 19 of 35 US 8,896,694 B2
FIG. 24
GOPR0-1 002, Page 023
Appx170
Case: 17-1894 Document: 20 Page: 224 Filed: 07/31/2017
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ANT!CLOCKWlSE
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10
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CLOCKWISE
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Case: 17-1894 Document: 20 Page: 225 Filed: 07/31/2017
Case: 17-1894 Document: 20 Page: 226 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 22 of 35 US 8,896,694 B2
FIG. 28
GOPR0-1 002, Page 026
Appx173
Case: 17-1894 Document: 20 Page: 227 Filed: 07/31/2017
ns s,s96,694 n2 Sbeet 23 of 35
u.s. -patent
402
I
GOPR0-100 2, Page 027
Appx174
Case: 17-1894 Document: 20 Page: 228 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 24 of 35
I
500
Main Processor
~ ....... •.•.•.•.•.•.•.•.•.• ............... ..
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400
B!iJE!tOCth Module
FIG. 30
Appx175
US 8,896,694 B2
l I 1
514 502
GOPR0-1 002, Page 028
Case: 17-1894 Document: 20 Page: 229 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 25 of 35 US 8,896,694 B2
--~ ... --
/ 10 {.., ... ............. -.~.s ........ ._ .. -. .... •••• • ••·;.·"' ··-- -- • --- -)
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i [;:~:;~f~,;~ i ' 4- :
'""" ._._._.__! ijl ! f Bluetooth module turnjs r ~ ~----·······------------------·····-········· on and attempt to j Request BT
conner:~---········----~""" ! connection
1
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l Vievver/Controlier is On l and BT is Enabled :
------------·-·-·-·-·-------------------------····------·-···········- : < <
'
GOPR0-1 002, Page 029
Case: 17-1894 Document: 20 Page: 230 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 26 of 35
,90 /
,..-'"' -......... -~....- ............. ..:~ ............ ~ ..... ··~.--· ....
Bluetooth Mic
FIG. 32
Appx177
US 8,896,694 B2
Controller
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GOPR0-1 002, Page 030
Case: 17-1894 Document: 20 Page: 231 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 27 of 35 US 8,896,694 B2
./10
~ ............... ~- ...... -~ .... • .•. •.• .... • .............. -· .... -· • ·- ..... 'i. ;----------- -------------- --~ . ' ' ' ' {
{ {
Camera ' ' :Viewer/Controller! . < .-.-.~~~~~~"~ ................................................ ----------·--~~~j-· ' '
. ~ { {
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Camera is on and paired with View·er / Controller
Enable BT data ~ /' ~ ~
r·~ifl~~~-c~~-t~~ii~~-;~·-··
[ ....................... l .............. , .. ,_ Launch Control/ Viewer Application
'
'
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)) ;[ ~, 1
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succession (~1/5 sec) Camera Status ,...,...-~ ............................................... ' .......................................... '( .... /
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No /h:i Mounting ' : ~~ 520
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Appx178
,: '-......._ ......-· (
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Position Adjustment Complete
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GOPR0-1 002, Page 031
Case: 17-1894 Document: 20 Page: 232 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014
, "~~ ~ -~·'"
,'10
............................................. -:: .... ,.,. ...... ~--.. ~· .... ._ ... ·.~ _ ... ·~ .~-··· '"(
Camera Camera is on and pairec wittl Viewer I Controller
'-+--~---~1~;jity--l:~-hti;,;~~ color settings
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Sheet 28 of 35
FIG. 34
Appx179
US 8,896,694 B2
510
------------, ' ' Viewer/Controller :
Setting Adjustment Complete
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GOPR0-1 002, Page 032
Case: 17-1894 Document: 20 Page: 233 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 29 of 35 US 8,896,694 B2
//10 '510 ,..' ,...," ... ..
- ~ ~-- ~- ~ ~ -")....: ..•..... ······ . '• .... '• .. ·.··: 5~···-~ ..... · .. ·-···· ...... : .. -· .............................. ..., ......... {
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j ~d~i~t.:;;~~~~N Viewer/Controller ' Camera is on and paired with Viewer I Controller
t "'···... permitted 1
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............ ·1. .......................... -·-·-·]! (i:( ....................... 1 ~~~~::fiTd~i;;~~] i <~Request data ; ~ r~~=;~~~:hclo I ;:~~~:~~~~ ,11 c;~;1;~,: ~~~ -~!:;;if,~~~;l
---~-~-~~~~--~-~~~...... 1 · 1 r·····------.-~) ! 1 !"'st~·rt·A~t;·Ad·j~·;{~~f--j ; ····················-~~~]_._._·_-.-.-.-.-.-.............. _
Analyze photo colo-·r·,··-····''• lighting, position
' ' ' ' ' ' : '
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FIG. 35 1----;;~i-ti~~-----···
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L.::~mp!ete
1 r ............... . : /'--..... .... ~ ..... ~ // "-(" "\ , Yes /
0 1. \,_----·)No .... l.. ........... --</ ua 1ty ·-·~-~
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GOPR0-1 002, Page 033
Appx180
Case: 17-1894 Document: 20 Page: 234 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014 Sheet 30 of 35 US 8,896,694 B2
Color and Position Chart
X
(Master) Camera 1
534
Before position and color correction
536 -·-·-----;:;.:..
FIG. 36 After position and color matching
GOPR0-1 002, Page 034
Appx181
Case: 17-1894 Document: 20 Page: 235 Filed: 07/31/2017
U.S. Patent
' ' j ' ' > , . 1 [··;;~~~~-b~ti~-;~·-1 ij) ! to Pair <:;·~ .,'-\ ~ .......................................................... [' ~ .... :_:::;:_..-~ l , ' ' ' ' ' l > , ' ' ' ' • l > , ' ' < <
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'
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Nov. 25, 2014
FIG. 37
Sheet 31 of 35 US 8,896,694 B2
GOPR0-1 002, Page 035
Appx182
Case: 17-1894 Document: 20 Page: 236 Filed: 07/31/2017
U.S. Patent Nov.25,2014
Carnera 1 Camera 2
FIG. 38
Sheet 32 of 35 US 8,896,694 B2
I
~ JFram>;i
tL2-J
Time
Camera 1 Video
1 r~-;~~3 ; 3 I
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~ ~;J [;,:~~~~~.:.1· LJ L3_J 9~9 n
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f Tim• ~ -~~ ,I
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i Camera 2 Video
i !Frame~ . 1
GOPR0-1 002, Page 036
Appx183
Case: 17-1894 Document: 20 Page: 237 Filed: 07/31/2017
U.S. Patent Nov. 25, 2014
' Synchronize Start 1 fron-, master can; era ; to slave camera
Insert OSO in v:dec frri·ne to faci;ltale post proce~sing frarne syr.c of v:deos :
·······················································!···············
Sheet 33 of 35
Appx184
US 8,896,694 B2
r [--~.:.:.: .. :::::::::::.~::.: .. ::.:.::.:::: .. ~::.~.~-~-~.:1-: : Post Processing il
....... .. ............ , ...... ~~~··
Shift Cam2 video timing to match Cam1 sync signals
Adjust Carn2 frarnEl center, color, vol. etc. using sync OSD &for tone
f ............................................. .
1 Combine videos for 11 multi-angle shots.
~_:~~:~tt1er ef~::::: ____ __
< <
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',, 546
FIG. 39
GOPR0-1 002, Page 037
Case: 17-1894 Document: 20 Page: 238 Filed: 07/31/2017
U.S. Patent
90
Mic2 (wireless)
2r1d
Mounting Location/
.I /
550
Nov.25,2014 Sheet 34 of 35 US 8,896,694 B2
500 10
580 Computer ·--------············································--
New Video Fi:e
;video
'574
'578
GOPR0-1 002, Page 038
Appx185
Case: 17-1894 Document: 20 Page: 239 Filed: 07/31/2017
U.S. Patent Nov. 25,2014 Sheet 35 of 35 US 8,896,694 B2
Carner;~
t8 .. ~
FIG. 41
562 .. \ .. ] so
.:~~.~:~! ..
--·:~nirn(!J n:: : ('ij m : rn
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GOPR0-1 002, Page 039
Appx186
Case: 17-1894 Document: 20 Page: 240 Filed: 07/31/2017
US 8,896,694 B2 1
PORTABLE DIGITAL VIDEO CAMERA CONFIGURED FOR REMOTE IMAGE
ACQUISITION CONTROL AND VIEWING
PRIORITY CLAIM
The present application is a continuation of U.S. application Ser. No. 13/822,255 having a 371(c) date of Sep. 20, 2013, which is a national phase application of International App. No. PCT/US2011/051418 filed Scp. 13, 2011, which 10
claims priority benefit to U.S. Prov. Pat. App. No. 61/382,404 filed Sep. 13, 2010.
TECHNICAL FIELD
This disclosure relates to point-of-view (POV) video cameras or camcorders and, in particular, to an integrated handsfree, POV action sports video camera or camcorder that is configured for remote image acquisition control and viewing.
15
2 grated in the video camera enables tracking of the location of the video camera as it acquires image information. The GPS receiver enables periodic capture of location once every few seconds with near pinpoint accuracy to bring together video and mapping. The inclusion of GPS technology introduces a new level of context to any video, making location, speed, time, and outside world conditions as important as the scene recorded. GPS capability makes it relatively easy to capture video within the action and share it online in seconds. For example, a user can watch an epic run down any mountain while tracking progress, speed, and elevation on a map. The GPS data, together with high definition video images, can be readily edited to organize video content, configure the video camera, and post stories online.
GPS ground plane customization and electrical coupling to the housing or other metal components of the video camera improves reception and performance. The ground plane is maximized by coupling it with an aluminum case that houses the video camera. The result is higher antenna gain and con-
BACKGROUND INFORMATION 20 sequent enhanced signal reception when the video camera is
mounted in multiple positions.
First-person video cameras are a relatively new product category that have been adapted to capture POV video by action sports enthusiasts in a hands-free manner. Conventional first-person video cameras primarily comprise a lens that must be tethered to a separate digital video recorder or camcorder. FIGS. lA and lB present pictorial views of prior
The video camera is configured with a signal path that allows for provision of a separate signal security module for use with only those applications that require the separate
25 security module. An iPhone™ security module is packaged separately in a small subscriber identity module (SIM) card form factor.
art first-person video cameras requiring a tethered lens approach to capturing first-person video recording. FIG. lA 30
presents a Twenty20™ device, and FIG. lB presents a Viosport™ device. FIGS. lC and lD present pictorial views of prior art video cameras tethered to camcorders for implementing the tethered lens approach to capturing first-person video recording. FIG. lC and FIG. lD present Samsung™ 35
devices. These products are not generally hands-free products, and
consumers have been employing their own unique mounting techniques to permit "hands-free" video recording of action sports activities. FIG. lE presents a pictorial view of a teth- 40
ered camera attempting to facilitate hands-free POV video recording. FIG. lE presents a Blackeye™ device. These recent devices attempt to convey image data from "tethered" cameras to separate camcorders through IR signals to eliminate the tethering cables. 45
Simplified mounting of the wearable video camera is accomplished by rotating the horizon 180° so that the video camera can be mounted fully upside down as the picture remains in the proper orientation. Rotation of the horizon may be accomplished electrically or mechanically. A rotating mount with a locking feature that allows adjustment of the angle of the video camera when it is attached to a mounting surface uses an adhesive, a strap, or another connection option. The video camera housing is equipped with a scissor spring to assist in moving a slide switch actuator over a long travel range. A user wearing the video camera uses the slide switch actuator to initiate video image recording.
The portable digital video camera includes a camera housing and a lens.
Some embodiments of the portable digital video camera comprise an integrated hands-free, POV action sports digital video camera.
Some embodiments of the portable digital video camera or the integrated hands-free, POV action sports digital video camera include an image sensor for capturing image data.
Some embodiments of the portable digital video camera or the integrated hands-free, POV action sports digital video
More recently, integrated hands-free, POV action sports video cameras have become available. FIGS. 2A and 2B present pictorial views of two prior art products implementing integrated solutions to first-person video recording. These products are still in their infancy and may be difficult to use well.
SUMMARY OF THE DISCLOSURE
50 camera include a manual horizon adjustment control for adjusting an orientation of a horizontal image plane recorded by the image sensor with respect to a housing plane of the camera housing.
Some embodiments of the portable digital video camera or Preferred embodiments of a portable digital video camera 55 the integrated hands-free, POV action sports digital video
camera include a laser alignment system with one or more laser sources capable of projecting light emissions to define a horizontal projection axis that is coordinated with orientation
or camcorder (hereinafter collectively, "video camera") are equipped with global positioning system (GPS) technology for data acquisition and wireless connection protocol to provide remote image acquisition control and viewing. A wireless connection protocol, such as the Bluetooth® packet- 60
based open wireless technology standard protocol, is used to provide control signals or stream data to a wearable video camera and to access image content stored on or streaming from a wearable video camera. Performing intelligent frame analysis of the image content enables picture setup optimization on one or more cameras simultaneously to enable multiangle and three-dimensional video. A GPS receiver inte-
of the horizontal image plane. Some embodiments of the portable digital video camera or
the integrated hands-free, POV action sports digital video camera include a microphone and a manually operable switch for controlling one or both of audio and video data capturing operations, the switch having an activator that may cover the
65 microphone whenever the switch is in the OFF position. Some embodiments of the portable digital video camera or
the integrated hands-free, POV action sports digital video
GOPR0-1 002, Page 040
Appx187
Case: 17-1894 Document: 20 Page: 241 Filed: 07/31/2017
US 8,896,694 B2 3
camera include a "quick-release" mounting system that can be used in conjunction with the laser aligmnent system to adjust the image capture orientation for pitch, yaw, and roll.
Additional aspects and advantages will be apparent from the following detailed description of preferred embodiments, which proceeds with reference to the accompanying drawings.
BRIEF DESCRIPTION OF THE DRAWINGS
FIGS. 1A, 1B, 1C 1D, and 1E constitute a set of pictorial views of five prior art products implementing a tethered lens approach to capturing first-person video recording.
4 FIGS. 14B and 14C are respective side and front views of
the alternative pole mount of FIG. 14A. FIG.14D is a front perspective view of the alternative pole
mount of FIG. 14A locked about a pole. FIG. 15A is a front perspective view of a goggle mount,
employing a strap entrance facing in the opposite direction of the mounting rails.
FIG. 15B is a side elevation view of an alternative goggle mount, employing a strap entrance facing in the same direc-
10 tion of the mounting rails. FIG. 15C is a fragmentary front perspective view of the
alternative goggle mount ofFIG.15B mounted upon a goggle strap.
FIGS. 2A and 2B constitute a set of pictorial views of two 15
prior art products implementing integrated solutions to firstperson video recording.
FIG. 16 is a front perspective view of a vented helmet mount, adapted for employing a strap for attachment to a vented helmet.
FIGS. 3A, 3B, 3C 3D, 3E, and 3F are, respectively, front perspective, back perspective, side elevation, front elevation, back elevation, and top plan views of an embodiment of an 20 integrated hands-free, POV action sports digital video cam-
FIG. 17 is a front perspective view of another alternative goggle mount, adapted for employing a strap for attachment to a goggle strap.
FIG. 18 is a front perspective view of an alternative pole mount system, employing the rail plug ofFIG. 10. era.
FIG. 4A is a front perspective view of an embodiment of an integrated hands-free, POV action sports digital video camera, showing alternative positioning of a switch and representative alternative rotation of a rotary horizontal adjustment controller.
FIG. 4B is a back perspective view of an embodiment of an integrated hands-free, POV action sports digital video camera, showing a representative alternative number of rail cavities and an optional detent within a rail cavity.
FIG. 5 is a cross-sectional side view of an embodiment of an integrated hands-free, POV action sports digital video camera.
FIGS. 19 and 20 are, respectively, perspective and top plan views of a mounting system comprising a rotating circular rail
25 plug set in a base mount configured with a locking feature. FIGS. 21 and 22 are, respectively, perspective and top plan
views of the base mount of FIGS. 19 and 20. FIGS. 23A, 23B, 23C, 23D, and 23E, are, respectively,
perspective, top plan, end elevation, side elevation, and bot-30 tom plan views of a slidable lockable member installed in the
base mount of FIGS. 21 and 22. FIG. 24 is an exploded view of the mounting system of
FIGS. 19 and 20, to which is attached an attaching mechamsm.
FIG. 6 is an exploded view of mechanical components of 35
an embodiment of an integrated hands-free, POV action sports digital video camera.
FIGS. 25A, 25B, 25C, and 25D are front perspective views of the digital video camera of FIGS. 4A and 4B, showing its lens set in a vertical position, with the camera housing rotated 90° counter-clockwise, not rotated, rotated 90° clockwise, and rotated 180° to an inverted position, respectively, relative
FIG. 7 is an exploded view of optical and mechanical components of an integrated hands-free, POV action sports digital video camera.
FIGS. SA and 8B are fragmentary cross-sectional views of the lens system of the camera of FIG. 7, showing, respectively, a standard lens and the standard lens fitted with a lens filter.
40 to the vertical position. FIG. 25E is a front elevation view of the digital video camera in the orientation of FIG. 25B annotated with dimension lines indicating ranges of angular displacement of a horizontal image plane achievable by manual rotation of the rotary horizontal adjustment controller.
FIG. 9 is a partly exploded view of a versatile mounting 45
system demonstrating ease of adjustment of camera mount orientation coupled with ease of camera detachment with retention of the mount orientation.
FIGS. 26A and 26B are, respectively, front perspective and top plan views of the digital video camera ofFIGS. 4A and4B with its slidahle switch activator in a recording ON slide setting position; and
FIG. 10 is a front perspective view of a standard mount, employing a rail plug having two rails and two detents.
FIGS. llA, llB, llC, and llD are, respectively, back elevation, front elevation, side elevation, and top plan views of the versatile mounting system, demonstrating the matable relationship between the camera of FIGS. 3A-3E with the standard mount shown in FIG. 10.
FIG. 12 is a perspective view of an alternative mount, employing two mounting rails and two detents.
FIG. 13A is a front perspective view of a pole mount system, employing the mount ofFIG.12.
FIGS. 27 A and 27B are, respectively, front perspective and 50 top plan viewsofthedigital video cameraofFIGS. 4Aand4B
with its slidable switch activator in a recording OFF slide setting position.
55
FIG. 28 is a partly exploded view of the digital video camera of FIGS. 26A, 26B, 27A, and 27B.
FIGS. 29A and 29B show, respectively, perspective and exploded views of a GPS assembly that includes a GPS patch antenna and GPS receiver module to provide GPS functionality in the digital video camera ofFIGS. 26A, 26B, 27 A, and 27B.
FIGS.13B and 13C are cross-sectional side views of a pole 60
mount system showing, respectively, unlocked and locked configurations.
FIG. 30 is a simplified block diagram showing a preferred implementation of wireless technology in the digital video camera of FIGS. 26A, 26B, 27A, and 27B.
FIGS. 13D and 13E are front perspective views of a pole mount system showing, respectively, unlocked and locked configurations about a handle bar.
FIG. 14A is a front perspective view of an alternative pole mount system, employing the mount of FIG. 12 and a strap.
65
FIG. 31 is a flow diagram showing the pairing of two devices by Bluetooth® wireless connection.
FIG. 32 is a flow diagram showing an example of pairing a Bluetooth®-enabled microphone and the digital video camera of FIGS. 26A, 26B, 27A, and 27B.
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FIG. 33 is a flow diagram showing a preferred camera mounting position adjustment procedure carried out by a helmet-wearing user to align a helmet-mounted digital video camera of FIGS. 26A, 26B, 27A, and 27B.
FIG. 34 is a flow diagram showing a preferred manual lighting level and color settings adjustment procedure carried out by a user upon completion of the camera mounting position adjustment procedure of FIG. 33.
FIG. 35 is a flow diagram showing a preferred automatic lighting level and color settings adjustment procedure carried out by a user after completing the camera mounting position adjustment of FIG. 33.
FIG. 36 shows two of the digital video cameras of FIGS. 26A, 26B, 27 A, and 27B aimed at a common color chart.
FIG. 37 is a flow diagram showing the digital video camera of FIGS. 26A, 26B, 27 A, and 27B and a mobile controller device paired by Bluetooth® wireless connection and cooperating to accomplish without security the pass-through of data from a second Bluetooth®-enabled digital video camera.
6 that manual rotation of rotary controller 14 changes the orientation of horizontal image plane 16 with respect to housing plane 20. The manual horizon adjustment control can be used to offset horizontal image plane 16 with respect to the pitch, yaw, and roll of the mounting position of camera housing 22.
In some preferred embodiments, rotary controller 14 is positioned about a lens 26 and cooperates with a lens shroud 32 to support lens 26 within camera housing 22 such that manual rotation of rotary controller 14 rotates lens 26 with
10 respect to camera housing 22. In other embodiments, lens 26 may remain fixed with respect to camera housing 22 even though rotary controller 14 rotates around lens 26. In some embodiments, lens 26 is a 3.6 mm focal length, four-element glass lens with a 135° viewing angle and a focal length cov-
15 ering a large range, such as from arm's length (e.g., 500 mm) to infinity, which focuses visual information onto image sensor 1S at a resolution such as at 1920x 1080. Skilled persons will appreciate that a variety of types and sizes of suitable lenses are commercially available.
FIG. 3S is a hybrid flow diagram and pictorial illustration 20
of a mobile controller device paired by Bluetooth® wireless data and control command connection to two digital video cameras of FIGS. 26A, 26B, 27A, and 27B to implement a remote Start/Stop capability for multiple cameras.
In some preferred embodiments, image sensor 1S is sup-ported in rotational congruence with the orientation of rotary controller 14 such that manual rotation of rotary controller 14 rotates image sensor 1S with respect to housing plane 20 of camera housing 22. When image sensor 1S has a fixed rela-
FIG. 39 is a flow diagram showing an example of pairing two digital video cameras of FIGS. 26A, 26B, 27A, and27B by Bluetooth® wireless connection through a mobile control-ler device.
FIG. 40 is a block diagram showing the post-processing procedure of synchronizing audio data produced by a wireless microphone and hard-wired microphone incorporated in the digital video camera of FIGS. 26A, 26B, 27A, and 27B.
FIG. 41 is a simplified block diagram showing the processing of a single track of data from one data source.
25 tionship with the orientation of rotary controller 14, the image data captured by image sensor 1S do not require any postcapture horizon adjustment processing to obtain play back of the image data with a desired horizontal image plane 16. In particular, rotary controller 14 can be set to a desired hori-
30 zontal image plane 16, and image sensor 1S will capture the image data with respect to the orientation ofhorizontal image plane 16. In some embodiments, image sensor 1S may remain fixed with respect to camera housing 22 even though rotary controller 14 rotates around image sensor 1S.
FIG. 42 is a simplified block diagram showing the process- 35
ing of multiple tracks of data from multiple data sources. With reference to FIGS. 6, 7, SA, andSB, in some embodi-
ments, an exemplary optical assembly 34 shows how image sensor 1S and lens 26 may be supported in rotational congruence by the cooperation of! ens shroud 32, an internal rotation controller 36, and rotary controller 14. In some preferred
DETAILED DESCRIPTION OF PREFERRED EMBODIMENTS
FIGS. 3A, 3B, 3C 3D, 3E, and 3F are, respectively, front perspective, back perspective, side elevation, front elevation, back elevation, and top plan views of an embodiment of an integrated hands-free, POV action sports digital video camera 1 0, and FIGS. 4A and 4B are front and back perspective views of, respectively, an alternative configuration and an alternative embodiment of digital video camera 10. For purposes of this description, the term "camera" is intended to cover camcorder(s) as well as camera(s ). An example of such a digital video camera 10 is included in the Contour 1 OSOP™ system, marketed by Contour, Inc., of Seattle, Wash.
FIGS. 5, 6, 7, SA, and SB show optical and mechanical components of digital video camera 10. With reference to FIGS. 3A-3F, 4A, 4B, 5, 6, 7, SA, and SB, some embodiments of digital video camera 10 include a manual horizon adjustment control system 12 including a manual horizon adjustment control for adjusting an orientation of a horizontal image plane 16 of an image recorded by an image sensor 1S with respect to a housing plane 20 (along a vertical crosssection) of a camera housing 22. An exemplary image sensor 1S may be a CMOS image capture card that provides for minimum illumination of 0.04 Lux@f/1.2 and offers high sensitivity for low-light operation, low fixed pattern noise, anti-blooming, zero smearing, and low power consumption.
With reference to FIGS. 3A, 3C, 3F, 4A, 6, and 7, in some embodiments, the manual horizon adjustment control is a rotary controller 14 that rotates about a control axis 24 such
40 embodiments, rotary controller 14 may be separated from camera housing 22 by a gap 37 to facilitate the rotation of rotary controller 14 with respect to camera housing 22.
A lens cap holder 3S may be secured to rotary controller 14 by screw threads and cooperates with an 0-ring 40a and to
45 provide support for a lens cover 42 (such as a piece of glass). A lens holder 44 and a lens assembly holder 46 may also be employed to support lens 26 in a desired position with respect to the other components in optical assembly 34. Lens assembly holder 46 may be secured to lens cap holder 3S by screw
50 threads and an 0-ring 40b. An 0-ring or bearings 43 may be employed between lens assembly holder 46 and a main housing 100 to facilitate the rotation of lens assembly holder 46 about control axis 24 with respect to main housing 100. A set screw 45 may be employed to secure lens assembly holder 46
55 of optical assembly 34 to main housing 100 without impeding the rotation of lens assembly holder 46 or the components within it. In some embodiments, rotary controller 14, lens cap holder 3S, 0-ring 40a, lens cover 42, lens shroud 32, laser sources 4S, lens 26, lens holder 44, image sensor 1S, internal
60 rotation controller 36, 0-ring 40b, and lens assembly holder 46 of optical assembly 34 may rotate together. Skilled persons will appreciate that several of these components may be fixed with respect to camera housing 22 or their synchronized rotation may be relaxed. For example, lens cover 42, lens 26,
65 and lens holder 44 need not rotate. With reference to FIG. SB, rotary controller 14 may sup
port a lens filter or other lens component, or rotary controller
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14 may include screw threads or other means to enable attachment of additional or alternative lens components.
In some embodiments, rotary controller 14 cooperates with an encoder to orient image sensor 18 to a desired horizontal image plane 16. Alternatively, the encoder could guide postcapture horizon adjustment processing to adjust horizontal image plane 16 of the captured image so that it is transformed to play back the image data with the encoded horizontal image plane 16.
In some embodiments, rotary controller 14 is positioned in one or both of an arbitrary location away from lens 26 and an arbitrary relationship with the position of image sensor 18. For example, rotary controller 14 may be positioned on a side
8 of horizontal image plane 16 by simple rotation of rotary controller 14 after camera housing 22 has been mounted.
In some embodiments, a single laser source 48 may employ beam shaping optics and or a beam shaping aperture, filter, or film to provide a desired beam shape such as a line, lines of decreasing or increasing size, or a smiley face. In some embodiments, only a single beam shape is provided. In some embodiments, multiple beam shapes are provided and can be exchanged such as through manual or electronic rotation of a
10 laser filter. Skilled persons will appreciate that two or more laser sources 48 may be outfitted with beam shaping capabilities that cooperate with each other to provide horizontal projection axis 52 or an image that provides horizontal pro-
28 of camera housing 22 or on a back door 30, and rotary controller 14 may remotely control the orientation of image 15
sensor 18 or may control an encoder. Skilled persons will appreciate that an arbitrarily located manual horizon adjustment control need not be of a rotary type and may be of an electronic instead of a mechanical type.
jection axis 52 or other guidance tool. In some embodiments, two laser sources 48 (or two groups
oflaser sources) are employed to project two beams oflight that determine horizontal projection axis 52. Two laser sources 48 may be mounted on opposite sides oflens 26 such that their positions determine a laser mounting axis that
In some embodiments, rotary controller 14 provides greater than or equal to 180° rotation of horizontal image plane 16 with respect to housing plane 20 of camera housing 22 in each of the clockwise and counterclockwise directions. In one example, rotary controller 14 provides 180° plus greater than or equal to 6° of additional rotation in each direction, providing a 360° rotation ofhorizontal image plane 16 with respect to housing plane 20. This adjustability includes embodiments in which the orientation of rotary controller 14 is in congruence with the orientation of image sensor 18, as well as embodiments employing an encoder. Preferably, both lens 26 and image sensor 18 rotate together 360° within a pivoting hermetically sealed capsule. This means that, no matter how an operator mounts digital video camera 10, image sensor 18 can be rotated to capture a level world.
With reference to FIGS. 4A and 4B, in some embodiments, a rotation indicator 54 is provided on an exterior surface 56 of rotary controller 14. Rotation indicator 54 may take the form of a horizontal notch or raised bar that may be of a different color from the color of camera housing 22. Camera housing 22 may have set in a fixed position a notch or raised bar 58 that is similar to or smaller than rotation indicator 54. Rotation indicator 54 and notch or raised bar 58 may be of the same color or of different colors. The angular extent of dislocation between rotation indicator 54 and notch 58 provides a physical indication of the amount that rotary controller 14 is displaced from its "home" position with respect to camera housing22.
In some preferred embodiments, rotation indicator 54 and horizontal notch 58 are in a collinear aligmnent (in the "home" position) when horizontal image plane 16 is perpendicular to housing plane 20. Thus, if digital video camera 10 were set on a level horizontal surface and the two notches were collinear, horizontal image plane 16 would be horizontal.
With reference to FIGS. 3A, 3C, 3D, 3F, 4A, 7, and 8 in preferred embodiments, one or more laser sources 48 are fitted within rotary controller 14, are oriented with horizontal image plane 16, and are capable of projecting light emission(s) to define a horizontal projection axis or plane 52 that is parallel to or coplanar with horizontal image plane 16. Thus, manual rotation of rotary controller 14 changes the orientation of horizontal projection axis 52 with respect to housing plane 20 as the orientation of horizontal image plane 16 is changed with respect to horizontal projection axis 52. The beam(s) of light forming horizontal projection axis 52 can be used as a guide by an operator to facilitate adjustment
20 bisects lens 26. In some embodiments, lens shroud 32 provides support for laser sources 48 such that they are positioned to emit light through apertures 60 in lens shroud 32 (FIG. 7). In some embodiments, an alternative or additional optical support barrel3 2a may support laser source 48 and the
25 other optical components. Laser sources 48 may be diode lasers that are similar to
those used in laser pointers. Laser sources 48 preferably project the same wavelength(s) of light. In some embodiments, an operator may select between a few different wave-
30 lengths, such as for red or green, depending on contrast with the background colors. In some embodiments, two wavelengths may be projected simultaneously or alternately. For example, four laser sources may be employed with red and green laser sources 48 positioned on each side of! ens 26 such
35 that red and green horizontal projection axes 52 are projected simultaneously or alternately in the event that one of the colors does not contrast with the background.
In some embodiments, laser sources 48 may be responsive to a power switch or button 64, which in some examples may
40 be located on back door 30 of camera housing 22. A rotation of horizon adjustment control system 12 or rotary controller 14 may provide laser sources 48 with an ON condition responsive to a timer, which may be preset such as for five seconds or may be a user selectable time period. Alterna-
45 tively, a single press ofbutton 64 may provide laser sources 48 with an ON condition with a second press of button 64 providing an OFF condition. Alternatively, a single press of button 64 may provide an ON condition responsive to a timer, which may be preset such as for five seconds or may be a user
50 selectable time period. Alternatively, button 64 may require continuous pressure to maintain laser sources 48 in an ON condition. Button 64 may also control other functions such as standby mode. Skilled persons will appreciate that many variations are possible and are well within the domain of
55 skilled practitioners. Skilled persons will also appreciate that any type of video
screen, such as those common to conventional camcorders, may be connected to or be a part of camera housing 22. Such video screen and any associated touch display may also be
60 used as feedback for orientation in conjunction with or separately from laser sources 48. Skilled persons will appreciate that the video screen may take the form of a micro-display mounted internally to camera housing 22 with a viewing window to the screen through camera housing 22 or may take
65 the form of an external LCD screen. With reference to FIGS. 3A, 3B, 3C, 3F, 4A, 4B, 5, and 6,
in preferred embodiments, digital video camera 10 has a
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manually operable switch activator 80 that controls one or both of the recording condition of image sensor 18 and conveyance of the acquired image data to a data storage medium, such as on a two-gigabyte MicroSD card. In some embodiments, digital video camera 10 is designed to use pulse power to conserve battery life while monitoring switch activator 80. When switch activator 80 is positioned to the ON position, the pulse power system is instructed to provide full power to the electronics and begin recording immediately; similarly, when switch activator 80 is positioned to the OFF position, the 10
pulse power system is instructed to cut power to the electron-ics and stop recording immediately.
In some preferred embodiments, when switch activator 80 is slid or toggled, it moves a magnetic reed that is recognized from an impulse power sensor. Once the sensor recognizes 15
the magnetic reed has been toggled to the ON position, the pulse power system is then triggered to power up most or all of the electronics of digital video camera 10, including all of the electronics required for recording as well as selected other electronics or simply all the electronics. Once full power is 20
provided to the system electronics, a feed from image sensor 18 begins encoding and writing to the data storage medium. As soon as the first frames are written to the data storage medium, a signal is sent to an LED 82 to indicate via a light pipe 84 that digital video camera 10 is recording. Thus, acti- 25
vation of switch activator 80 initiates recording nearly instantaneously.
In some embodiments, switch activator 80 powers up the electronics and initiates recording from a standby mode such as after button 64 has been pushed to activate the pulse power 30
mode. In other embodiments, switch activator 80 powers up the electronics and initiates recording directly without any pre-activation. In some embodiments, a video encoder that cooperates with image sensor 18 and a microprocessor provides instructions to the video encoder. In some embodi- 35
ments, switch activator 80 is adapted to substantially simultaneously control supply of power to the microprocessor, image sensor 18, and the video encoder, such that when switch activator 80 is placed in the ON position the microprocessor, image sensor 18, and the video encoder all receive 40
power substantially concurrently and thereby substantially instantaneously initiate a video data capturing operation.
In some embodiments, an audio encoder cooperates with a microphone 90, and the microprocessor provides instructions to the audio encoder. In some embodiments, switch activator 45
80 is adapted to substantially simultaneously control the supply of power to microphone 90 and the audio encoder such that when switch activator 80 is placed in the ON position, the microprocessor, microphone 90, and the audio encoder all receive power substantially concurrently and thereby sub- 50
stantially instantaneously initiate an audio data capturing operation.
In some embodiments, when switch activator 80 is placed in the OFF position, the microprocessor, image sensor 18, and the video encoder all cease to receive power substantially 55
concurrently and thereby substantially instantaneously cease the video data capturing operation. In some embodiments, when switch activator 80 is placed in the OFF position, the microprocessor, microphone 90, and the audio encoder all cease to receive power substantially concurrently and thereby 60
substantially instantaneously cease the audio data capturing operation.
10 processor, image sensor 18, the video encoder, microphone 90, and the audio encoder all cease to receive power substantially concurrently and thereby substantially instantaneously cease the video data and audio data capturing operations.
In some embodiments, switch activator 80 controls supply of power to additional electronics such that the additional electronics are deactivated when switch activator 80 is in the OFF position and such that the additional electronics are activated when switch activator 80 is in the ON position.
Skilled persons will appreciate that switch activator 80 may be designed to have more than two slide settings. For example, in addition to ON and OFF settings for recording, switch activator 80 may provide an intermediate setting to activate laser sources 48, to activate one or more status indicators, or initiate other functions in digital video camera 10.
The use of a magnetic reed switch as an embodiment for switch activator 80 prevents water or other fluids from entering through the camera housing 22. Skilled persons will appreciate that other waterproof ON/OFF switch designs are possible. In preferred embodiments, digital video camera 10 also employs a waterproof microphone 90, such as an omni-directional microphone with a sensitivity (0 dB= IV /Pa, I KHz) of -44±2 dB and a frequency range of 100-10,000 Hz, for capturing audio data and providing them to the data storage medium or to a second data storage medium. Alternatively, camera housing 22 may include breathable, watertight materials (such as GoreTex™) to prevent the egress of water without requiring a waterproof microphone 90. Skilled persons will appreciate microphones with a large variety of operational parameters that are suitable for microphone 90 are commercially available or can be manufactured to suit desired criteria.
In some embodiments, microphone 90 is positioned beneath switch activator 80 such that switch activator 80 covers microphone 90 whenever switch activator 80 is in the OFF position and such that switch activator 80 exposes microphone 90 whenever switch activator 80 is in the ON position. The audio data capturing operation is preferably deactivated when switch activator 80 is in the OFF position and that the audio data capturing operation is preferably activated when switch activator 80 is in the ON position. The ON and OFF conditions of the audio data capturing operation may be controlled by switch activator 80 in conjunction with the ON and OFF conditions of the video capturing operation.
With reference to FIGS. 5 and 6, in some embodiments, camera housing 22 includes main housing 100 that supports switch activator 80, a front and hottom trim piece 106, and back door 30 which is cmmected to main housing 100 through a hinge 102. In some embodiments, back door 30 may be removable through its hinge 102 to allow connection of accessories to main housing 100 for extended functionality. Back door 30 may provide an area of thinner material to permit compression of button 64. Gaskets 114 may be seated between main housing 100 and back door 30 to provide waterproofing. A housing cover 108 may be connected to main housing 100 through a rubber gasket 110 that also enhances the waterproof characteristics of camera housing 22.
Side caps 112 may be ultrasonically welded to the exterior surfaces of housing cover 108 and the lower portion of main housing 100, which form the lower portions of sides 28 of camera housing 22. In some embodiments camera housing 22 is made from brushed aluminum, baked fiberglass, and rubber. In particular, main housing 100, housing cover 108, and
In some embodiments, the microprocessor, image sensor 18, the video encoder, microphone 90, and the audio encoder all receive power substantially concurrently and thereby substantially instantaneously initiate the video data and audio data capturing operations. In some embodiments, the micro-
65 side caps 112 may be made from aluminum. Front and bottom trim piece 106 may also be ultrasonically welded to main housing 100.
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With reference to FIGS. 3A, 3B, 4A, 4B, 6, and 9, in preferred embodiments, digital video camera 10 includes part of a mounting system 120 that has two or more housing rail cavities 122 and two or more interleaved housing rails 124 on each side 28 of camera housing 22 for engaging a versatile mount 126. An example of such a mounting system 120 is the TRail™ mounting system, marketed by Contour, Inc, of Seattle, Wash.
12 single mount rail 136 contains a detent or bump 140. The detents or bumps 140 are adapted to mate with bumps or detents 128 such that if camera housing 22 has detents 128 then rail plug 132 has bumps 140 or if camera housing 22 has bumps 128 then rail plug 132 has detents 140. Skilled persons will appreciate that in some alternative embodiments, housing rails 124 have bumps or detents 128 and mount rail cavities 138 have detents or bumps 140.
The versatile mounting system 120 provides for ease of Housing rail cavities 122 and housing rails 124 may be formed by cut outs in side caps 112 that are mounted to main housing 100. In some embodiments, digital video camera 10 is bilaterally symmetrical and has an equal number ofhousing rail cavities 122 on each of side caps 112 and an equal number
10 mounting and orientation of digital video camera 10 with ease of detachment of digital video camera 10 with retention of the mounted orientation. In some embodiments, base mount 130 may have a very small footprint and may be attached to a surface with an adhesive pad designed for outdoor use. After of housing rails 124 on each of side caps 112. In some
embodiments, digital video camera 10 may for example provide two housing rail cavities 122 (such as shown in FIGS. 3A and 3B) or three housing rail cavities 122 in each side cap 112 (such as shown in FIGS. 4A and 4B). Skilled persons will appreciate, however, that in some embodiments, digital video camera 10 need not be symmetrical and may have an unequal 20
number of rail cavities 122 on its side caps 112.
15 base mount 130 has been attached to a surface, rail plug 132 can be detached from base mount 130.
In some embodiments, rail cavities 122 have a "T"-like, wedge-like, or trapezoid-like cross-sectional appearance. Skilled persons will appreciate that the dimensions of the stem or lateral branches of the "T" can be different. For 25
In some embodiments, rail plug 132 has a circumferential sawtoothed edge 142 that is mated to a sawtooth-receiving inside edge 144 of a base mount cavity 146 adapted to receive rail plug 132. In some embodiments, rail plug 132 has a compression fit within base mount 130. In some embodi-ments, hook and loop double-toothed Velcro™ may be used instead of or in addition to a compression fit technique to further secure rail plug 132 within base mount 130.
Mount rails 136 of rail plug 132 can slide into housing rail cavities 122 of camera housing 22 as mount rail cavities 138 of rail plug 132 slide onto housing rails 124 of camera housing 22 as indicated by a direction arrow 148 (FIG. 9) to secure rail plug 132 to camera housing 22. The mated detents and
example, the stem can be thicker than the branches, or one or more of the branches may be thicker than the stem; similarly, the stem can be longer than the branches, and one or more of the branches maybe longer than the stem. The cross-sectional shapes may have flat edges or corners, or the edges or corners may be rounded. Skilled persons will also appreciate that numerous other cross-sectional shapes for rail cavities 122 are possible and that the cross-sectional shapes of different housing rail cavities 122 need not be the same whether in the same side cap 112 or in different side caps 112. Similarly, housing rail cavities 122 may have different lengths and housing rails 124 may have different lengths. The bottom of trim piece 106 may be alternatively or additionally fitted with housing rails 124.
30 bumps 128 and 140 can be engaged to prevent unintended lateral movement of rail plug 132 with respect to camera housing 22. Rail plug 132 with the attached digital video camera 10 can be rotated from zero to 360 degrees about an axis perpendicular to base mount 130 to capture a desired
35 viewing angle. Then, rail plug 132 can be inserted or reinserted into base mount 13 0 as indicated by a direction arrow 150 (FIG. 9). FIG. 11 shows from several different views how digital video camera 10, rail plug 132, and base mount 130 appear when they are mated together.
In some embodiments, rail plug 132 and base mount 130 may be made from a hard, but flexible material such as rubber or a polymer with similar properties, but skilled persons will appreciate that rail plug 132 and base mount 130 may be made from a hard or soft plastic. Because base mount 130 can be
In some embodiments, one or more of housing rail cavities 40
122 may contain one or more bumps or detents 128. In some embodiments, each side 28 of camera housing 22 contains at least one bump or detent 128. In some embodiments, each housing rail cavity 122 contains at least one bump or detent 128. In some examples, however, only a single housing rail cavity 122 on each side 28 contains a bump or detent 128. Skilled persons will appreciate that the different sides 28 need not contain the same number of bumps or detents 128.
45 flexible, it can be attached to a variety of surfaces such as, for example, the surfaces of helmets, snow board decks, skis, fuel tanks, windows, doors, and vehicle hoods. The type and flexibility of the material of flat mount 126 may provide a "rubber" dampening effect as well as enhance rail sliding, rail FIG. 9 shows a base mount 130 and a rail plug 132 that fit
together to form a flat surface mount 134 shown in FIG. 10. FIGS. 11A-11D (FIG. 11) depict different views of camera housing 22 mated with fiat surface mount 134. With reference
50 engagement, and plug engagement. Mounting system 120 may also include a runaway leash (not shown).
When recording of an activity is completed, rail plug 132 with the attached digital video camera 10 may be disengaged from base mount 130 for safe storage or data uploading. Base
55 mount 130 can be left attached to the surface and need not be
to FIGS. 9-11, rail plug 132 contains one or more mount rails 136 that are adapted to mate with housing rail cavities 122 on camera housing 22. Similarly, rail plug 132 contains one or more mount rail cavities 138 that are adapted to mate with housing rails 124 on camera housing 22. Mount rails 136 may have the same or different cross-sectional shapes as those of housing rails 124, and mount rail cavities 138 may have the same or different cross-sectional shapes as those of housing 60
rail cavities 122. In some preferred embodiments, rails 124 and 136 and cavities 122 and 138 have the same cross-sectional profiles.
In some embodiments, one or more of mount rails 136 on rail plug 132 may contain one or more detents or bumps 140. 65
In some embodiments, each mount rail 136 contains at least one detent or bump 140. In some examples, however, only a
re-attached and/or re-adjusted. Alternatively, camera housing 22 may be disengaged from rail plug 132, leaving rail plug 132 engaged with base mount 130 so that the original orientation of mount rails 136 of rail plug 132 is maintained to permit quick reattachment of digital video camera 10 without requiring its orientation to be re-adjusted to base mount 130 or the person, equipment, or vehicle to which base mount 130 is mounted.
FIG. 12 shows an alternative rail plug 132a; and FIGS. 13A, 13B, 13C, 13D, and 13E (FIG. 13) show several views of rail plug 132a with an alternative base mount 130a, including locked and unlocked configurations, to form a pole mount
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126a for mounting on a pole 160 such as handle bars. With reference to FIGS. 12 and 13, rail plug 132a may be used as a standalone mount with an adhesive backing, or it may be used in conjunction with or integrated into one or more varieties ofbase mounts 130a. Rail plug 132a may be attached to 5
base mount 130a through the use of an adhesive mounting, through the use of Velcro™, through the use of a screw, through the use of other conventionally known means, or combinations thereof. Mount rails 136 may be formed to provide an aperture 162 to provide access for a screw and 10
screwdriver to mount rail plug 132a onto base mount 130a. Base mount 130a is configured to open and close around
poles 160, particularly poles of standardized recreational equipment and especially such poles having small diameters of about 1-1.5 inches (2.5-3.8 em). In some embodiments, 15
base mount 130a has a locking pin 164 with a head 166 that can be secured within a lock chamber 168. Locking pin 164 increases compression against pole 160 to prevent base mount 130a from rotating around pole 160 after its desired positioned is established. Base mount 130a may also be pro- 20
vided with a pin door cover 170 to prevent debris from accessing locking pin 164 or lock chamber 168.
FIGS. 14A, 14B, 14C, 14D, and 14E (FIG. 14) show several views of a rail plug 132b with an alternative base mount 130b, including a strap 172, to form a pole mount 126b for 25
mounting on a pole 160b such as a roll cage, a windsurfing mast, or a hang glider support. With reference to FIG. 14, in some embodiments, >trap 172 is large enough to accommodate poles 160b having a diameter up to 4 inches (12 em) or larger. In some embodiments, a dial174 may be employed to 30
tighten and loosen strap 172. In other embodiments, dial174 controls the swivel of rail plug 132b with respect to base mount 130b so that the side-to-side angle of digital video camera 10 can be adjusted. As with rail plug 132a, rail plug 132b may be attachable to base mount 130b or may be inte- 35
grated with it. FIGS. 15A, 15B, and 15C (FIG. 15) show several views of
a rail plug 132c attached to or integrated with alternative base mounts 130c and 130e of respective band or strap mounts 126c and 126e for mounting on a belt, strap, or band 180, such 40
as a band 180 of a pair of goggles 182. With reference to FIG. 15A, base mount 130e has a dampener 184a and a strap entrance 186a on an interior side of the base mount 130e, i.e., facing in the direction opposite to that mount rails 136 face. Dampener 184a may be made from mbber or other suitable 45
cushioning material to cushion a user's head away from digi-tal video camera 10.
With reference to FIG. 15B, a dampener 184b is provided on an interior side of base mount 130c, i.e., facing in the direction opposite to that mount rails 136 face. However, a 50
strap entrance 186b is provided on an exterior side of base mount 130c, i.e., facing in the same direction that mount rails 136 face. FIG. 15C shows base mount 130c of FIG. 15B mounted upon strap 180 of goggles 182. Skilled persons will appreciate that the rail plug 132a can be substituted for rail 55
plug 132c.
14 130/ to goggle band 180. Base mount 130/ is adapted to receive circular rail plug 132 (FIG. 10) that permits 360-degree rotation of mount rails 136. Such embodiments permit a user adjust the angle of digital video camera 10 to be different from the vertical viewing angle of the user. For example, the user can be viewing down at the ground while digital video camera 10 (and its image sensor 18) captures images straight ahead. In some embodiments, base mount 130fmay include pads 198 and 202 to dampen against vibrations and may include retaining tabs 200 to prevent rail plug 132 from being inadvertently jarred loose. Strap 192 may also or alternatively include pads 204 and 208.
Skilled persons will appreciate that base mounts 130a through 130d can also alternatively be configured to receive a round rail plug 132 (of FIG. 10) that permits 360-degree rotation of mounting rails 136. For example, FIG. 18 shows an alternative pole mount 126g having a base mount 130g adapted to receive circular rail plug 132 that permits 360-degree rotation of mount rails 136. Such embodiments can facilitate compensation for handle bars or other poles 160 or 160b that may be angled backward or forward.
In some embodiments, base mount 130g has a different locking mechanism from that of base mount 130a (FIG. 13). For example, in some embodiments, a locking pin 210 is attached by a hinge 212 to base mount 130g, and locking pin 210 is attached at its other end to a pindoorcover214 through a hinge 216. Locking pin 210 cooperates with hinge door cover 214 to increase compression against pole 160 to prevent base mount 130g from rotating around pole 160 after its desired position is established. Skilled persons will appreciate that base mount 130a may alternatively employ this lock-ing mechanism. In some embodiments, base mounts 130a and 130g include a pole grip 218 to help maintain a preferred orientation ofbase mounts 130a and 130g with respect to pole 160. In some embodiments, base mounts 130 and 130a-130g may include a leash ring 220 adapted to receive a lease line that may be attached to an associated rail plug 132 and 132a-132d, digital video camera 10, or the operator.
FIGS. 19 and 20 are, respectively, perspective and top plan views of a mounting system 300 that comprises rotatable circular rail plug 132 set in a base mount 130h configured with a locking feature that allows adjustment of digital video camera 10 when it is attached to amounting surface. FIGS. 21 and 22 are, respectively, perspective and top plan views of base mount 130h. Base mount 130h is of generally rectangular shape and includes in its top wall 302 a large diameter circular opening 304 and in its bottom wall 306 a smaller diameter circular opening 308. Base mount 130h has opposite side walls 310 and 312 through which aligned, generally rectangular slots 314 of the same size are formed and opposite side walls 316 and 318 on the inner surfaces of which spa-tially aligned sawtooth-receiving edges 144 are formed. The inner surfaces of side walls 310, 312, 316, and 318 include arcuate segments that are sized to permit bidirectional ratcheted rotational motion of circular rail plug 132 when it is set through circular opening 304 in base mount 130h with saw-tooth-receiving edges 144 in matable relationship with circumferential sawtoothed edge 142.
FIGS. 23A, 23B, 23C, 23D, and 23E are, respectively,
FIG. 16 shows a rail plug 132d with an alternative base mount 130d of a helmet mount 126d for mounting on a vented helmet. Helmet mount 126d includes one or more slots 190 through which a strap can be used to secure base mount 130d to a helmet through vent slots in the helmet. Skilled persons will appreciate that rail plug 132a can be substituted for rail plug 132d.
FIG. 17 is a front perspective view of another alternative goggle base mount 130/, adapted for employing a strap 192 for attachment to goggle band 180 (FIG. 15C). Strap 192 can be looped through buckles 194 and 196 to secure base mount
60 perspective, top plan, end elevation, side elevation, and bottom plan views of a slidable locking member 330 of generally rectangular shape. Slidable locking member 330 is sized to fit within each slot 314 and slidably extend through and project outside either one of side walls 310 and 312 when inserted in
65 both of slots 314 in base mount 130h. Locking member 330 is a unitary structure that includes a generally planar center portion 332 positioned between a locking end piece 334 and
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status of a battery (not shown). In some embodiments, a single push controls two or more status indicators (or all of the status indicators, and may control laser sources 48 and a recording standby mode as well).
In some embodiments, the status indicators may provide a different color depending on the status of the item in question. In some embodiments, green, yellow, and red LEDs are used to indicate whether the battery is completely charged, halfcharged, or nearly depleted. Similarly, in some embodiments,
a nonlocking end piece 336. Center portion 332 constitutes a recessed area that is bounded by raised end pieces 334 and 336 and into which circular rail plug 132 is inserted when mounting system 300 is assembled. Center portion 332 includes an oblong hole 338 having opposite circular segments 340 separated by straight line segments 342. U-shaped slots 344 cut in center portion 332 on either side of oblong hole 338 provide downwardly depending the locking tabs 346. Locking tabs 346 are sized and configured to slide across and fit into corresponding grooves 350 in a floor 352 of base mount 130h. Locking end piece 334 has a serrated arcuate inner surface 354, andnonlocking end piece 336 has a smooth arcuate inner surface 356. The curvatures of arcuate inner surfaces 354 and 356 are complementary to the curvature of circular rail plug 132.
10 green, yellow, and red LEDs are used to indicate whether the SD memory card is nearly empty, half-empty, or nearly full. In other embodiments, green light indicates greater than or equal to 80% space or charge, yellow light indicates greater than or equal to 30% space or charge, and red light indicates
15 less than 30% space or charge. Skilled persons will appreciate that the number and meaning of colors can be varied. Camera housing 22 may provide symbols indicating what items light pipes 84 and 392 designate, such as a battery symbol394 and
FIG. 24 is an exploded view of mounting system 300 to which is attached an exemplary attaching mechanism. When mounting system 300 is assembled, locking member 330 is installed in base mount 130h with end pieces 334 and 336 fitted for sliding movement in slots 314. A plug 360 composed 20
of a top disk 362 and two downwardly depending legs 364 secures locking member 330 to and limits its range of travel within slots 314 in base mount 130h. Top disk 362 fits in a recess in and thereby receives rail plug 132, and flanges 366 extending from the free ends oflegs 364 secure plug 360 in base mount 130h when the free ends of legs 364 are pushed through circular opening 308.
a memory card symbol 396 on back door 30. To facilitate an easier and more manageable process for the
video once it has been recorded, digital video camera 10 may be designed to automatically segment the video into computer and web-ready file sizes. The segment can be automatically determined by the hardware during the recording pro-
25 cess without intervention by the user. In some embodiments, software will automatically close a video file and open a new file at predefined boundaries. In some embodiments, the boundaries will be time-based, for example, ten minutes for each segment, or size-based, for example 10 MB for each
Mounting system 300 operates in the following manner. A user adjusts the angular position of digital video camera 10, which is operatively connected to mounting rails 136, by rotating rail plug 132 within base mount 130h. To permit such rotation, the user pushes nonlocking end piece 336 to slide locking member 330 so that serrated inner surface 354 moves away from and does not engage sawtoothed edge 142 of rail plug 132. Legs 364 of plug 360 contact the boundary of oblong hole 338 and thereby stop the sliding motion oflocking member 330 with its locking end piece 334 projecting outwardly from its associated slot 314. Locking tabs 346 fit in their corresponding grooves 350 to releasably hold locking member 330 in its unlocked position. Rotation of rail plug 40
132 provides audible, tactile feedback to the user because of the meshing relationship between sawtooth-receiving edges 144 and sawtoothed edge 142.
30 segment. Additionally, the segmentation process may be designed so that file boundaries are based on preset limits or so that the user can adjust the segment length to the user's own preferred time. In some embodiments, the video encoder (hardware or software based) will optimize the file boundary
35 by delaying the boundary from the nominal boundary position until a period of time with relatively static video and audio, i.e., when there are minimal changes in motion. Skilled persons will appreciate, however, that in some embodiments,
Upon completion of angnlar position adjustment of digital video camera 10, the user locks rail plug 132 in place by 45
pushing locking end piece 334 to slide locking member 330 so that serrated inner surface 354 engages sawtoothed edge 142 of rail plug 132. The sliding motion of locking member 330 stops with its nonlocking end piece 336 projecting outwardly from its associated slot 314. Locking tabs 346 fit in 50
their corresponding grooves to releasably hold locking member 330 in its locked position.
Base mount 130h can be directly mounted to a mounting surface with use of an adhesive. Base mount 130h also may be mated to a variety of mounting surfaces by adding a custom 55
connecting plate, such as strap-connecting plate 370, with screws 372 or another technique such as adhesive bonding or welding. These connecting plates may alter the shape ofbase mount 130h to better connect to shaped surfaces or may include a variety of attaching mechanisms, such as, for 60
example, a strap 374 or a hook. With reference again to FIGS. 3B, 3E, 4B, and 5, button 64
(or an additional button 388) may control one or more status indicators such as LED 82 that indicates via light pipe 84 that digital video camera 10 is recording. Button 64 (or additional 65
button 388) may, for example, also control operation of an LED 390 that indicates through a light pipe 392 the power
such segmentation may be implemented via software or hardware.
Digital video camera 10 is an all-in-one, shoot and store digital video camcorder and is designed to operate in extreme weather conditions and in a hands-free manner. Digital video camera 10 is wearable and designed for rugged environments (water, heat, cold, extreme vibrations), and the Contour I OSOP™ system includes application mounts 126 to attach to any person, equipment, or vehicle. The internal components of digital video camera 10 may be silicon treated, coated, or otherwise insulated from the elements, keeping digital video camera 10 operational, no matter the mud, the dirt, the snow, and the rain.
Preferred embodiments of digital video camera 10 are equipped with wireless connection protocol and global navigation and location determination, preferably global positioning system (GPS), technology to provide remote image acquisition control and viewing. The Bluetooth® packet-based open wireless technology standard protocol is used to provide control signals or stream data to digital video camera 10 and to access image content stored on or streaming from digital video camera 10. The GPS technology enables tracking of the location of digital video camera 10 as it records image information. The following describes in detail the implementation of the Bluetooth® protocol and GPS technology in digital video camera 10.
Preferred embodiments of digital video camera 10 permit the mounting of camera housing 22 upside down while retaining the proper orientation of the video images by mechanical
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or electrical180° rotation of! ens 26. The mechanical rotation 18
member including multiple bends that form aU-shaped center portion 420 having rounded distal ends 422 from each of which a leg portion 424 upwardly extends back toward center portion 420. U-shaped center portion 420 includes a base member 426 and two generally parallel side members 428 that terminate in rounded distal ends 422. Upwardly extending leg portions 424 diverge generally outwardly away from side members 428 and terminate in ends 430 that are inwardly bent toward side members 428 and do not extend beyond
is shown in FIGS. 25A, 25B, 25C, 25D, and 25E. FIGS. 25A, 25B, 25C, and 25D are front perspective views of digital video camera 10 showing lens 26 set in a vertical position, with camera housing 22 of digital video camera 10 rotated 90° counter-clockwise, not rotated, rotated 90° clockwise, and rotated 180° to an inverted position, respectively, relative to the vertical position. FIG. 25E is a front elevation view of digital video camera 10 in the orientation of FIG. 25B annotated with dimension lines indicating 185° counter-clockwise and 95° clockwise ranges of angular displacement of horizontal image plane 16 achievable by manual rotation of rotary controller 14. The orientation may be flipped prior to signal processing by simply altering the pixel selection or can be flipped during signal processing by simply altering the inter- 15
pretation of the pixels. The orientation can be automatically controlled by sensing the orientation of camera housing 22 using a variety of sensors and altering the pixels based on these data.
10 center portion 420. A curved section 432 in each leg portion 424 forms its inwardly directed bend and provides a bearing surface that contacts an inner side wall surface 410 of switch activator 80.
FIGS. 26A and 26B, FIGS. 27A and 27B, FIG. 28, and 20
FIGS. 29A and 29B show the configuration of digital video camera 10 in which 8luetooth® wireless protocol and GPS technology are implemented to enable remote image acquisition control and viewing. FIGS. 26A and 27A are front perspective views of digital video camera 10 with slidable 25
switch activator 80 in its respective recording ON and recording OFF slide setting positions; and FIGS. 26B and 278 are top plan views of the digital video camera 10 with slidable switch activator 80 in its respective recording ON and recording OFF slide setting positions. A portion of switch activator 30
80 is broken away in these drawing figures to reveal the placement of certain internal component parts described in greater detail below.
FIG. 28 is a partly exploded view of digital video camera 10, showing the placement and mounting arrangement of 35
component parts implementing Bluetooth® wireless protocol and GPS receiver technology in main housing 100 shown
FIGS. 26A, 26B, 27A, and 27B show the geometric features in inner side wall surfaces 410 and inner end wall surface 412 of switch activator 80. Each side wall surface 410 includes an inwardly directed beveled portion 440 having an apex 442 and a proximal end 444 and a distal end 446 located respectively nearer to and farther from end wall surface 412.
Installation of scissor spring 408 in main housing 100 entails placement of U-shaped center portion 420 with its base member 426 and side members 428 against a raised block 450 on a top surface 452 of a printed circuit board (PCB) 454 ofGPS assembly 402. The length of base member 426 is chosen to establish a snug fit of raised block 450 within U-shaped center portion 420 to keep scissor spring 408 sta-tionary during sliding motion of switch activator 80. As shown in FIGS. 26A and 26B, whenever switch activator 80 is in the recording ON slide setting position, curved sections 432 of scissor spring leg portions 424 rest in shallow notches formed at distal ends 446 of beveled portions 440. As shown in FIGS. 27A and 27B, whenever a user slides switch activator 80 from the recording ON slide setting position to the recording OFF slide setting position, curved sections 432 exit the shallow notches at distal ends 446, slide along entire lengths of beveled portions 440, and come to rest at shallow notches formed at proximal ends 444 ofbeveled portions 440. Curved sections 432 of leg portions 424 are of complementary shape to curved sections 448 of inner end wall surface
40 412.
in FIGS. 5 and 6. A Bluetooth® wireless module 400 is installed in main housing 100 at a location proximal to rotary controller 14. A GPS assembly 402 is installed in main housing 100 at a location proximal to back door 30 of camera housing 28. Optical support barrel32a having an open ended slot 404 fits over main housing 100 in an orientation such that Bluetooth® wireless module 400 and the upper end of GPS assembly 402 fit and are thereby exposed within slot 404. 45
Switch activator 80 provided with a two-dimensional array of circular openings 406 fits over and slides within slot 404 between the recording ON slide setting position shown in FIGS. 26A and 268 and the recording OFF slide setting position shown in FIGS. 27 A and 27B. Openings 406 provide 50
an audible sound passageway to facilitate pickup by microphone 90 of spoken words or other sound effects.
Common implementations for sliding switches that have long travel entail use of a magnet to pull and hold the switch in its final position or use of a switch mechanism continuously 55
pressed by the user over the full travel distance and provided with a holding mechanism in place in the ON and OFF positions. Digital video camera 10 is equipped with a slide switch mechanism that solves the problems associated with long travel distance. A scissor spring 408 assists in actuating slid- 60
able switch activator 80 over the long travel range between the recording ON and OFF slide setting positions.
FIGS. 26B, 27B, and 28 show a preferred shape of scissor spring 408 and the marmer in which it cooperates with the geometric features of inner side wall surfaces 410 and an 65
inner end wall surface 412 formed in an underside cavity 414 of switch activator 80. Scissor spring 408 is a one-piece wire
The shaping of scissor spring 408 imparts resistance to prevent the initial sliding motion of switch activator 80 in either direction, but in response to user applied pressure overcoming the resistance, switch activator 80 automatically travels to the stopping position without effort by the user. Scissor spring 408 exerts passive resistance to any motion and therefore holds switch activator 80 in the proper position until the user again moves switch activator 80. The shape of scissor spring 408 can be varied based upon, for example, the geometry of switch activator 80, the length of travel, and desired holding force.
The above-described spring solution is uniquely resistant to vibration and is well-suited for a high vibration environment. Scissor spring 408 is an improvement over magnetic sliding switch movements because the former does not introduce magnetic interference that may affect other functions in digital video camera 10. Scissor spring 408 is also an improvement over a double detent implementation because the user is confident switch activator 80 is in the proper position. This spring solution could be expanded to include a combination of springs to provide specialized motion or specific force profiles. This spring design can also control linear or circular motion.
FIGS. 29A and 29B show respective perspective and exploded views of GPS assembly 402 separate from main housing 100, in which GPS assembly 402 is installed for operation in digital video camera 10. GPS assembly 402
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ity of service issues, a fast photo mode is used to simulate video. In this case, photographs are taken in succession, then streamed and displayed in sequence to simulate video playback. Firmware in a main processor captures and streams the photographs, and the receiving application is designed to display photographs in quick succession. To be space efficient, the photographs may be stored in a FIFO buffer so that only limited playback is available.
Alternative implementations of a remote viewer include
includes a GPS passive patch antenna 456 and a GPS receiver module 458 to provide GPS functionality to digital video camera 10. A GPS ground plane 460 in the form of a stepped, generally U-shaped aluminum shroud is positioned between patch antenna 456 and GPS printed circuit board 454 and affixed to top surface 452 of the latter by GPS ground plane mounting tape 462. GPS receiver module 458 is mounted to GPS printed circuit board 454 on its bottom surface 464. A preferred GPS patch antenna 456 is a Model PA1575MZ50K4G-XX-21, which is a high gain, customizable antenna available from INPAQ Technology Co., Ltd., Taiwan. GPS patch antenna 456 is custom tuned to its peak frequency to account for detuning effects of the edges of optical support barrel 32a. A preferred GPS receiver module 458 is a Model NE0-6 module available from u-blox AG, Switzerland.
10 one or more of reduced resolution or frame rate, file sectioning, frame sampling, and Wi-Fi to media server. Reduced resolution or frame rate entails recording video in two formats, high quality and low quality, in which the lower quality file is streamed or played back after the recorded action has
FIGS. 29A and 29B show that GPS ground plane 460 is physically shaped to complement or mirror the curved shape of optical support barrel32a of housing 22 so that the ground plane area can be maximized as the shape of the ground plane conforms to, i.e., without altering, the shape of camera housing 22. Additionally, GPS patch anteillla 456 is supported by
15 taken place. For streaming implementation, wireless connection bandwidth can be monitored to adapt to the available bandwidth the resolution, bit rate, and frame rate on the secondary recording. Additionally, buffering can be used in conjunction with adaptive bit rate control. File sectioning
20 entails breaking a recording into small files and transferring each file upon completion to allow for viewing via a wireless device in near real time. File transfer may be delayed so as to limit interruptions that result from bandwidth limitations. Frame sampling entails real time video frame sampling (e.g.,
its own internal ground plane, which is arranged such that it overlaps the inside ofthe existing aluminum case. This overlap allows RF currents to pass between the aluminum case and GPS ground plane 460 through capacitive coupling and hence have the effect of increasing the size of the overall ground plane area. This increased ground plane area further improves the GPS reception. Moreover, GPS patch antenna 456 is tuned with these components coupled for optimal 30
reception by the overall system. The ground plane customization and electrical coupling to camera housing 22 or other metal components of digital video camera 10 improve performance by achieving higher antenna gain and consequent enhanced signal reception when digital video camera 10 is 35
mounted in multiple positions.
25 video compression intraframes (I-frames) only). Wi-Fi to media server entails use ofWi-Fi to establish the camera as a
When recording video or taking photographs in a sports application, digital video camera 10 is often mounted in a location that does not permit the user to easily see the camera. Implementing digital video camera 10 with a wireless con- 40
nection protocol enables remote control of the operation of and remote access to image data stored in digital video camera 10. In preferred embodiments, the integration of Bluetooth® wireless technology in the wearable digital video camera 10 facilitates implementation of several features, 45
including remote control, frame optimization, multi-camera synchronization, remote file access, remote viewing, data acquisition (in combination with GPS capability), and multidata sources access (in combination with GPS capability).
Implementing Bluetooth® wireless technology in digital 50
video camera 10 enables the user to control it remotely using a telephone, computer, or dedicated controller. This allows digital video camera 10 to remain sleek, with few buttons and no screen. Additionally, a lack of need for access to a screen or controls provides more flexibility in mounting digital video 55
camera 10.
media server on selected networks, allowing other devices to read and play content accessed from the device.
FIG. 30 is a simplified block diagram showing a preferred implementation of wireless technology in digital video camera 10. FIG. 30 shows digital video camera 10 with built-in Bluetooth® wireless module 400 that responds to a Contour Connect Mobile App application software executing on an operating system for mobile devices such as smartphones and tablet computers to enable such a mobile device to become a wireless handheld viewfinder. A Contour Connect Mobile App that is compatible for use with an iOS mobile operating system of Apple®, Inc. is available on the iPhone App Store and that is compatible for use on an Android mobile operating systemofGoogle Inc. is available on the Android Market. The firmware of a main processor 500 stores an updated version of compatible software to respond to the Contour Connect Mobile App executing on a mobile device. This wireless connection capability enables a user to configure camera settings in real time and preview what digital video camera 10 sees. Specifically, a user can check the camera angle on the wireless device screen and without guesswork align the camera shot and adjust video, light level, and audio settings before beginning the activity he or she wants to record.
The functionality permitted across industry standard interfaces is often limited by the receiving or transmitting device based on its permissions. This means that one device may refuse to permit certain functionality if the other device does not have proper certificates or authentications. For example, the Apple® iPhone and similar products require certain security authentication on data signals transmitted using the Blue-tooth® interface. The security requirements on such interfaces vary by product and the manufacturer. Oftentimes the same product is intended to connect with a variety of devices,
The remote control device (i.e., telephone, computer, dedicated viewer, or other Bluetooth®-enabled device) can access files stored on digital video camera 10 to allow the user to review the content in such files and manage them on the camera. Such access can include file transfer or file playback in the case of video or audio content.
60 and it is not desirable to integrate the security component for all possible features or external devices.
Using a wireless signal transfer, the remote device can access data streaming from digital video camera 10. Such data can include camera status, video, audio, or other data (e.g., GPS data) collected. Standard video can exceed the bandwidth of a Bluetooth® connection. To resolve any qual-
In preferred embodiments, the signal path is designed such that the presence of this security integrated circuit is not required for full functionality for such other devices. How-
65 ever, by including a connector in this signal path, a security module can be added by the user after manufacturing to allow connection with such controlled devices. By including such a
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connector in the signal path, the relevant signal security module may be provided separately for only those applications that require such security authentication. Additionally, in preferred embodiments, the Apple® security card is packaged separately as a self-contained card. The circuit is designed to retain the authentication integrity but to interface with the controlling device through a standard connector. FIG. 30 also shows placement of a Contour Connect View (security) Card 502 in a card slot and connector 504 of digital video camera 10 to enable connection with a supported Apple® iOS device. 10
A Contour Connect View Card is available from Contour, Inc., the assignee of this patent application.
22 FIG. 33 is a flow diagram showing a preferred camera
position adjustment procedure carried out by a helmet-wearing user, such as a bicycle or snow board rider or skier, to align digital video camera 10 mounted on the user's helmet. Digital video camera 10 and viewer/controller 510 are initially paired by Bluetooth® wireless data connection, and the Contour Connect Mobile App is active, as described above with reference to FIG. 31. A launch control/viewer application instruction causes transmission of a fast photo transfer Data Request signal to Bluetooth® data transfer-enabled digital video camera 10, which responds by enabling the taking of photographs in rapid succession (e.g., five photographs each second) of the scene to which camera lens 26 is pointed. A mounting activity sequence 520 indicated in FIG. 33 represents user activity of mounting digital video camera 10 on the helmet assuming a riding position, and adjusting the position and angle of digital video camera 10 by selecting its mounting surface location on the helmet and rotating rail plug 132 within base mount 130h of mounting system 300. The angle/ position mounting adjustment performed by the user causes the taking of photographs of the scene in rapid succession and transmitting them for near real-time display to the user observing the display screen of viewer/controller 510. Successive iterations of angle/position mounting adjustment, pic-
FIG. 31 is a flow diagram showing the pairing of two devices by Bluetooth® wireless connection. Main processor 500 of digital video camera 10 stores a data file identifying a 15
Bluetooth®-enabled viewer/controller device 510. (An appearance of a smiley face icon in the flow diagrams indicates action by or display of status information to a user.) A user presses a wireless connection activator button (preferably located near switch activator 80 but not shown in the 20
drawings) on camera housing 22 to tum on Bluetooth® module 400, which transmits a Bluetooth® ("BT") Connection Request signal to Bluetooth® connection-enabled viewer/ controller 510. Viewer/controller 510 receives the Bluetooth® Connection Request signal, determines whether there is a Bluetooth® ID connection match pair, and upon recognition of a match pair, determines whether viewer/controller 510 is iOS or Android implemented. If it is Android implemented and therefore Apple® security is not required, viewer/controller 510 allows and launches the Contour Con- 30
nect Mobile App to perform Bluetooth® data transfer to and from digital video camera 10. If it is iOS implemented and Apple® security is required, viewer/controller 510 sends a Security Challenge signal for passage through Bluetooth® module 400 and main processor 500 to an Apple® coproces- 35
sor 514 mounted on Apple® security card 502. Apple® coprocessor 514 sends security codes for passage through main processor 500 and Bluetooth® module 400 to viewer/ controller 510, which confirms the security codes and allows and launches the Contour Connect Mobile App to perform Bluetooth® data transfer to and from digital video camera 10.
25 ture taking in rapid succession, and user observation of the displayed scene continue until the user is satisfied with the position of the scene displayed, whereupon the mounting position adjustment of digital video camera 10 on the helmet
The use of a data file to identifY the Bluetooth® ID of a device allows two devices to pair when neither device has a display screen. FIG. 32 is a flow diagram showing an example of pairing Bluetooth® microphone 90 and digital video camera 10, neither of which has a display screen. Digital video camera 10 and a controller 51 0' are initially paired by Rluetooth® wireless data connection, and the Contour Connect Mobile App is active, as described above with reference to FIG. 31. Viewer/controller 510 and controller 510' are of similar construction, except that the latter has no display screen. A user slides switch activator 80 to its ON position to supply power to microphone 90 and transmit a Pair Request signal to digital video camera 10, which detects and forwards to controller 510' a Microphone Pair Request signal for confirmation. The user responds to the pairing request by manipulating an actuator associated with controller 510'. If user actuation indicates refusal of the pairing request, controller 510' concludes the pairing process. If user actuation indicates acceptance of the pairing request, controller 510' transmits to digital video camera 10 a Confirmation signal, together with a passcode if one is required by microphone 90. Upon receipt of the Confirmation signal, digital video camera 10 transmits a Confirmation signal and any passcode to microphone 90 and thereby completes the pairing by initiating audio data capture and recording by the audio encoder in digital video camera 10.
is complete. Frame optimization can be accomplished with a remote
control device or within digital video camera 10, if it is equipped with a screen and controls. Frame optimization may entail one or both of lighting and color optimization and frame alignment, either manually or automatically.
FIG. 34 is a flow diagram showing a preferred manual lighting level and color settings adjustment procedure followed by the user after completing the mounting position adjustment described above with reference to FIG. 33. The manual lighting level and color setting procedure shown in
40 FIG. 34 differs from the mounting position adjustment procedure of FIG. 33 in that 1) mounting activity sequence 520 does not apply, 2) a settings OK decision block replaces the Position OK decision block in viewer/controller 510, and 3) the manual angle/position mounting adjustment causing the
45 taking of photographs of the scene in rapid succession is replaced by transmission of a new settings instruction produced in response to user-manipulation of an alter lighting level and color settings actuator associated with viewer/controller 510. The manual lighting level and color adjustment
50 procedure entails the user observing the successive photographs on the display screen and manipulating the alter lighting level and color settings actuator associated with viewer/ controller 510 until the user is satisfied with the lighting level and color displayed, whereupon the manual setting adjust-
55 ment is complete. Automatic lighting and color optimization uses video or
photographic analysis in controlling the device. FIG. 35 is a flow diagram showing a preferred automatic lighting level and color settings adjustment procedure followed by the user
60 after completing the mounting position adjustment described above with reference to FIG. 33. The automatic lighting level and color settings procedure shown in FIG. 35 differs from the manual lighting level and color settings procedure shown in FIG. 34 in that an Auto Adjust iterative loop replaces the
65 Settings OK decision block of FIG. 33. Specifically, a Start Auto Adjust process block initiates an iterative Auto Adjust loop of programmed analysis of photograph color, lighting
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level, and position followed by a Quality Optimization decision query based on a set of programmed quality standards. The Auto Adjust loop iteratively performs the analysis and causes transmission of a new settings instruction to digital video camera 10 to take additional photographs for display and analysis by viewer/controller 510. The automatic lighting level and color adjustment procedure entails the automatic internal analysis of the photographs on the display screen and preprogrammed automatic adjustment of the lighting level and color settings until the Quality Optimized decision block 10
indicates that image quality meets preprogrammed optimum quality standards and the final Quality Optimized decision block indicates that the user is satisfied by user manipulation of an actuator indicating the automatic setting adjustment is complete. Viewer/controller 510 can implement tuning alga- 15
rithms to analyze frames, adjust settings, and reanalyze the frames to optimize lighting level and color settings. Small and fine aligrnnent adjustments can be made automatically by altering the pixels used to define the frame. These adjustments can be made by redefining the center pixel or by rede- 20
fining the bounding box. These adjustments can be horizontal, vertical, and rotational, including rotating a full 180° to allow for digital video camera 10 to be positioned upside down, as shown in FIG. 25D. For more precise optimization, digital video camera 10 may be pointed at a predefined chart 25
to allow the automatic adjustments to achieve more precise and consistent settings.
Use of the many-to-many nature of Bluetooth® wireless technology enables a user to control multiple cameras. Multicamera control allows for the controller to coordinate the 30
24 2 viewing chart 530. Upper illustration 534 and lower illustration 536 show the comparative relationship between the position and color matching, respectively, before and after correction. Illustration 534 shows Z-axis misalignment of the two camera images and color imbalance, and illustration 536 shows post-correction image position alignment and color matching.
By controlling multiple cameras, the user is able to coordinate shots from different angles and ensure the color and lighting settings are similar to allow for seamless switching in playback. The preferred embodiments could be expanded so that in the event there were multiple devices daisy-chained together, they could use a single authentication. For example, if there were two cameras that were connected via Bluetooth® to a device that required such authentication, the signal from one camera could route through the other to use its security and the intermediary device would be the only device that requires such security provision. This security component may also be able to become a standalone component that is simply inserted into the security path as a pass-through that adds the authentication or approval required only for the receiving device and performs any translation required for the response to be interpreted properly.
FIG. 37 shows an exemplary user application to allow the user to change lighting level and color settings and immediately see the resulting changed video. FIG. 37 is a flow diagram showing Camera 1 and an iOS mobile phone or tablet computer device 510 paired by Bluetooth® wireless connection and cooperating to accomplish without security the passthrough of Camera 2 data. A user pushes the wireless connec-tion activator button on Camera 2 to transmit a Pair Connection Request signal to Bluetooth-enabled Camera 2, which detects the request, confirms the pairing, and transmits
lighting level and color settings on all cameras, provide guides for alignment of camera positions, and synchronize the videos on multiple cameras with synchronous start/stop or synchronous "alignment" on-screen display (OSD) frames or audio sound that can be embedded in the video to facilitate editing and post-processing. Use of wireless connection allows one camera to provide a synchronization signal to another camera so that videos can be synchronized in postprocessing. The OSD frames may be stored in advance in the memory of digital video camera 10 and be simply triggered
35 a signal to Camera 2 to complete the pairing. Camera 2 responds by taking photos in rapid succession and transmitting them together with status information to Camera 1 for pass-through transmission to device 510 for display as Camera 2 image and data on display screen 532. A user manipu-
40 lates an actuator associated with device 510 to change lighting level and color settings by causing transmission to Camera la New Settings command signal for pass-through transmission to Camera 2, which responds by changing its
by a frame sync pulse to limit transmission bandwidth requirements and any associated errors or delays. This synchronization may include information such as, for example, video file name and camera identity of the primary camera. To improve accuracy of synchronization timing, the wireless 45
transfer rate can be calibrated by pinging a secondary device and listening for response. To further improve accuracy, this ping/response cycle is repeated multiple times.
lighting and color settings. Data acquisition and data synchronization in the use of
wireless communication, preferably in cooperation with GPS capahility, can he accomplished hy one of several techniques. When capturing video during an activity, data may be used to better describe the activity as well as used for editing and A separate remote device can be used to pair two cameras
in which neither camera has a screen. FIG. 36 shows a (Master) Camera 1 and a (Slave) Camera 2 of the same type as digital video camera 10 aimed at a common chart 530. The relative camera mounting can be adjusted to align the images in the Z-axis. The lighting level and color settings can be adjusted so that they are matched. Aligning the images and adjusting lighting level and color settings eliminate a need for post-processing when combining videos from multiple cameras at multiple angles or three-dimensional views. FIG. 36 shows an iPhone paired to Cameras 1 and 2 implemented with remote Start/Stop capability, which is described below. Master Camera 1 sends an OSD frame sync pulse to Slave Camera 2. Master Camera 1 analyzes photographs from Slave Camera 2 and adjusts settings to match the alignment and settings of Master Camera 1.
FIG. 36 presents two illustrations of a display screen 532 of viewer/controller 510 of an iPhone type showing for user observation side-by-side images produced by Cameras 1 and
50 optimizing either during recording or in post-processing. Typically, these data would be embedded in the video as user data or in the file as a data track (in accordance with MPEG specifications). In a first alternative, the data may be written to a text track in the file. These data are ignored by players unless
55 text display is turned on. Post-processing algorithms extract these data for analysis. Generally, the text track survives editing. In a second alternative, the data may be written to a separate file, and the file name for the data may be written as metadata on the video file so that post-processing applica-
60 tions can properly associate the data with the video. Optimally, the data are synchronized with the video, but they need not be frame synchronized. In the event the data are stored in a separate file, a timestamp could be used to synchronize the video. This marker may be embedded in the data file to tag the
65 file at a single time (e.g., beginning, middle, end, or upon designation by the user), tag the file with every video frame, or tag periodically.
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FIG. 38 shows a hybrid flow diagram and pictorial illustration of iPhone viewer/controller 510 paired by Bluetooth® wireless data and control command connection to Cameras 1 and 2 to implement a remote Start/Stop capability for multiple cameras. (Cameras 1 and 2 are also identified by the respective reference numerals 10 1 and 10 2 to indicate they are of the same type as digital video camera 10.) The flow diagram shows iPhone viewer/controller 510 paired to Cameras 1 and 2 and Contour Connect Mobile App in its active operating mode. The pictorial view of iPhone viewer/controller 10
510 shows on its display screen 532 a Start Record actuator. The user wanting to start a recording session taps the Start
Record actuator to transmit to Bluetooth®-enabled Cameras
26 a user-controlled trigger signal, transmits a Start Recording signal to Camera 2, which responds by starting to record video data. Camera 1 starts to record video data after expiration of the calibrated delay determined by the synchronization calibration sequence 540 to achieve a synchronized start of recording video data by Cameras 1 and 2.
An on-screen display ("OSD") sync pulse insertion process 544 facilitates video frame synchronization in video and audio post-processing. Camera 1 transmits a Trigger OSD Sync signal to Camera 2 in response to the start of video data recording by Camera 1. Camera 2 responds to the Trigger OSD Sync signal by inserting an OSD Sync pulse overlay in the stream of video frames Camera 2 acquires. After expira-1 and 2 a Start Recording command signal. The flow diagram
shows Cameras 1 and 2 recording video data in response to the Start Recording command signal. Bluetooth® wireless module 400 in each of Cameras 1 and 2 is configured to respond to the Start Recording command signal, irrespective of the OFF state of switch activators 80 of Cameras 1 and 2.
15 tion of the calibrated delay determined by synchronization calibration sequence 540, Camera 1 inserts an OSD Sync pulse overlay in the stream of video frames Camera 1 acquires. The time base for computing calibration delay and OSD Sync pulse insertion is preferably provided by a GPS
The user wanting to complete a recording session taps a Stop Record actuator (not illustrated in FIG. 38) on display screen 532 to transmit to Cameras 1 and 2 a Stop Recording command signal. The flow diagram shows Cameras 1 and 2 stopping video recording in response to the Stop Recording command signal.
20 date/time clock available to GPS receiver 458. A video and audio post-processing procedure 546 entails
perfom1ing a search of the streams of video frames for the OSD Sync pulses and shifting the timing of the stream of video frames of Camera 2 to match the OSD Sync pulses of
25 Camera 1. The frame center, color, audio volume, and other parameters of the Camera 2 video and audio data are adjusted using the OSD Sync pulse so that the streams of video and audio data can be combined for multi-angle shots, three-
FIG. 38 also shows upper and lower timing diagrams illustrating the timing sequences of video frame acquisition by Cameras 1 and 2 when they are, respectively, manually started asynchronously in response to user-positioning of switch activators 80 and started nearly synchronously in response to 30
user-tapping of the Start Record actuator on display screen 532 of iPhone controller/viewer 510. The lower timing diagram shows the benefit of wireless connection in accomplishing near synchronous acquisition of streams of video data from multiple cameras.
dimensional images, or other effects. FIG. 40 is a block diagram showing the post-processing
procedure of synchronizing audio data produced by a wireless microphone 550 and wired microphone 90 incorporated in digital video camera 10. Audi data produced by micro-
FIG. 39 is a flow diagram showing an example of pairing Camera 1 and Camera 2 by Bluetooth® wireless data and control command connection through either viewer/control-
35 phone 90 are compressed by an audio codec 552. An audio signal produced by wireless microphone 550 is received by Bluetooth® wireless module 400, converted to digital fonn by an analog-to-digital convertor 554, and compressed by an
ler 510 or controller 510', the latter of which is illustrated in FIG. 39. FIG. 39 shows Camera 1 paired by Bluetooth® 40
wireless connection to controller 510' and Contour Connect Mobile App in its active operating mode. A user presses the wireless connection activator button on Camera 2 to tum on its Bluetooth® module 400, which transmits a Bluetooth® Pair (connection) Request signal to Camera 1. Camera 1, 45
which is already paired with controller 510', detects the Pair Request signal and transmits a Camera Pair Request signal to controller 510'. Controller 510' presents a pairing request to the user, who manipulates an actuator to refuse the requested pairing connection, and thereby stop the pairing process, or 50
manipulates an actuator to accept the requested pairing connection, and thereby transmit and pass through Camera 1 to Camera 2 a Confirm Pairing signal to complete the pairing connection.
audio codec 556. Video data produced by image sensor 18 is compressed by a video codec 558, which resides in main processor 500 of digital video camera 10. AnAudia 1 Track of hard-wired audio data, an Audio 2 Track of wireless audio data, and a Video Track of video data delivered from the respective outputs of audio codec 552, audio codec 556, and video codec 558 are combined and contained as parallel tracks in an original video file 560 and stored in an SD memory card 562.
Wireless microphone 550 introduces a delay in the Audio 2 Track. FIG. 40 illustrates this delay by showing a one-frame temporal offset between corresponding frames of the Audio I and 2 Tracks. The above-described OSD Sync pulse functions as an audio time stamp that can be used to correct for the delay and thereby synchronize the Audio I and 2 Tracks for automatic post-processing audio analysis. Post-processing is per-
A synchronization calibration sequence 540 performed between Cameras 1 and 2 calibrates transmission delays between them. Camera 1 transmits to Camera 2 a Sync Calibration signal, to which Camera 2 responds by transmitting a Sync Response signal. Camera 1 determines a calibration delay representing the amount of delay from transmission of the Sync Calibration signal to receipt of the Sync Response signal. This process is repeated a number of times nntil successive measured calibrated delays are within an operational tolerance.
55 formed in a peripheral computer 570, which includes a video editor 572 having an audio tracks extraction module 574 that receives from SD card 562 the stored Video, Audio I, and Audio 2 Tracks data from original video file 560. Audio tracks extraction module 574 separates the Audio I and 2 Tracks,
60 and an audio synchronizer module 576 using the time stamp sync pulse synchronizes them. The synchronized Audio I and 2 Tracks, together with the Video Track, are combined in a video/audio combiner module 578 and delivered in proper
A synchronized video recording process 542 starts upon 65
completion of synchronization calibration sequence 540. Camera 1, operating as the master camera and in response to
temporal frame alignment to a new video file 580. Data measurements performed depend on the type of data
acquired. The most appropriate data varies based upon sport or type of motion recorded; therefore, ideally data sensors are
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tailored to the relevant sport. Additionally, the best location for measuring data is often not the ideal location for mounting a camera.
28 audio. Any delay introduced by the wireless connection can be corrected by synchronizing the wireless audio source to the primary audio source (internal microphone) using the audio waveforms.
The foregoing approach differs from the prior art technique of automatically switching between an internal microphone and an external microphone, where the external microphone is used when it exists and software automatically reverts to the internal microphone when the external microphone signal is
FIG. 41 is a simplified block diagram showing the processing of a single track of data from one data source. FIG. 41 shows digital video camera 10 including in its main processor 500 a video file 600 containing a Video Track, an Audio Track, and a Text Track. The Video and Audio Tracks correspond to, respectively, the Video and Audio I Tracks contained in original video file 560 of FIG. 40. The Text Track represents data that are produced by a subtitle generator 602 hardwired to main processor 500 and is presented for display
10 unavailable. Automatic switching would, however, mix audio from different locations and not provide a seamless audio experience.
on the video frames. FIG. 42 is a simplified block diagram showing the processing of nmltiple tracks of data from multiple data sources. FIG.
15 42 shows digital video camera 10 including in its main processor 500 a video file 610 containing Video and Audio Tracks corresponding to those contained in video file 600 of FIG. 41 and five text tracks described below.
By using Bluetooth® with its many-to-many connections, multiple data sources can be recorded by the camera. These data sources can be customized to the specific application, for example for automobile racing, data relating to the automobile engine may be captured from on-board diagnostics and transmitted to digital video camera 10, where the data can be embedded in the video stream for later playback. Examples of 20
multiple data sources include streaming data to one or more cameras from one or more data sources (e.g., GPS data from telephone or GPS collection device, and audio data from remote microphone) and storing such data as individual files or embedded in the video file as metadata, audio tracks, or 25
text. In post-processing, data associated with video content can
A data processing and calculations module 612 of main processor 500 receives data from GPS receiver 458, camera sensors 614, Bluetooth® wireless module 400 receiving data transmissions from Bluetooth® wireless connection-enabled sources, and a wired data module 614 and delivers these data as Text Track I, Text Track 2, Text Track 3, Text Track 4, and Text Track 5, respectively.
Text Track I contains GPS data such as longitude, latitude, elevation, date/time, and other data available from GPS receiver 458. The date/time information enables associating acquired video and other data, including data on Text Tracks
30 2-5, to a certain time point in the video data stream. Peripheral computer 570 takes the time-stamped information and displays it by time point. The transmission delay calibration described with reference to FIG. 39 can be implemented
be used in editing to correct for shade/lighting changes, to correct for video processing errors, and to enhance the story with information about the path taken, location of the video, speed, and other information. Location and time data embedded in video from sources such as GPS can be used to synchronize videos in post-processing generating a three-dimensional video. Speed, vibration, altitude, temperature, date, and location can be combined to determine the likely sport or 35
activity as part of a post-processing suite. The recollllllendations can be tuned based on data gathered from a large body of videos in which the activity in the video has been identified. Data associated with video content may be used to associate and group videos from one or more users. The groupings may be based on any characteristic such as time, location, speed, and other factors. Videos that intersect in time or location may be linked so that the viewer can transition to a different camera or video when two videos cross in location or time. Additionally, the data can be used to correlate multiple cameras or videos to create multiple view angles for the same location or event. These data may also be used to correlate videos of the same location taken over time to document the changes in that location over extended durations (hours, days, weeks, years).
Multiple "language" tracks on video file can be used to capture different audio sources (including wireless microphone) from the video camera. This allows the user to select from the optimal audio source in post-processing or allows automatic correction for signal errors and synchronization issues. By storing multiple sources, users are post-processing algorithms and may select the most reliable track in the event there is a dropout resulting from signal quality issues caused
using the GPS-provided date/time clock as a time standard. Text Track 2 contains operating parameter data such as
video resolution, compression rate, and frame rate information available from camera sensors 614 associated with digital video camera 10.
Text Tracks 3 and 4 contain data acquired from Bluetooth® 40 wireless connection-enabled Data A and Data B transmission
sources such as, for exan1ple, race car engine sensor data and race car driver heart rate monitor data. These data are typically periodically transmitted to Bluetooth® module 400. Another example of Data A and Data B sources is data
45 sources transmitting data at different transmission rates. Text Track 5 contains data produced from a text data mod
ule (e.g., subtitle generator 602 ofFTG. 41) hardwired to data processing and calculations module 612.
It will be obvious to those having skill in the art that many 50 changes may be made to the details of the above-described
embodiments without departing from the underlying principles of the invention. For example, skilled persons will appreciate that subject matter of any sentence or paragraph can be combined with subject matter of some or all of the
55 other sentences or paragraphs, except where such combinations are mutually exclusive. The scope of the present invention should, therefore, be determined only by the following claims.
by use of a wireless device. Additionally, audio may be captured from multiple sources and from different locations to 60
provide different audio information so that the preferred audio may be selected in post-processing. In the event multiple audio tracks are not available, data tracks may be used and the data can be converted into an audio source in postprocessing. In the event the wireless audio source cannot be 65
channeled through the audio codec, the raw data can be stored and post-processing can modify these data to convert them to
The invention claimed is: 1. A point of view digital video camera system, compris
ing: an integrated hands-free portable viewfinderless video
camera, the video camera including a lens and an image sensor, the image sensor capturing light propagating through the lens and representing a scene to be recorded, and the image sensor producing real time video image data of the scene without displaying the scene to a user of
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the video camera, wherein the real time video image data of the scene relates to an activity in which the userofthe video camera is about to engage, the video camera comprising:
a camera processor for receiving the video image data directly or indirectly from the image sensor, and
a wireless connection protocol device operatively connected to the camera processor to send real time video image content by wireless transmission directly to and receive control signals or data signals by wireless trans- 10
mission directly from a wireless connection-enabled controller, wherein
the camera processor is configured to: generate the video image content simultaneously at a
first resolution and at a second resolution, the video 15
image content at the first resolution and the second resolution corresponding to the video image data representing the scene to be recorded, wherein the first resolution is lower than the second resolution,
stream the real time video image content at the first 20
resolution using the wireless connection protocol device to the wireless connection-enabled controller without displaying the video image content at the video camera,
receive the control signals for adjusting image capture 25
settings of the video camera, adjust the image capture settings of the video camera
prior to recording the scene, and in response to a record command, cause the video image
content at the second resolution to be stored at the 30
video camera; a mounting interface coupled to the video camera; a mount configured to be mounted to the body, a garment,
or a vehicle of the user of the video camera, the mount configured to receive the mounting interface for rot at- 35
ably mounting the camera on the body, the garment, or the vehicle of the user of the video camera, the mounting interface and the mount further configured for manual adjustment of the video camera with respect to the user of the video camera; and 40
the wireless connection-enabled controller for controlling the video camera, the controller comprising executable instructions for execution on a personal portable computing device operable by a user of the personal portable computing device, wherein when executed, the execut- 45
able instructions cause the personal portable computing device to: receive video image content at the first resolution
directly from the video camera, display the video image content at the first resolution on 50
a display of the portable computing device for adjustment of the image capture settings prior to the user of the video camera recording the activity, the video image content at the first resolution comprising a preview image of the scene which is not recorded on the 55
camera or the personal portable computing device, the preview image allowing the user of the video camera to manually adjust an angle of the video camera with respect to the user of the video camera, and
generate the control signals to the wireless connection 60
protocol device on the video camera to allow the user of the personal portable computing device to remotely adjust the image capture settings prior to the video camera recording the activity, wherein the control signals comprise at least one of frame aligmnent, 65
multi-camera synchronization, remote file access, data acquisition, and resolution setting adjustment
30 and at least one of lighting setting adjustment, audio setting adjustment, and color setting adjustment.
2. The point of view digital video camera system of claim 1, wherein the user of the video camera is the user of the personal portable computing device.
3. A point of view digital video camera system, comprising:
a hands-free compact portable video camera, comprising: a lens, an image sensor configured to capture light propagating
through the lens and representing a scene, and produce real time video image data of the scene,
a camera processor for receiving the video image data directly or indirectly from the image sensor, and
a wireless connection protocol device operatively coupled to the processor and configured to send video image content by wireless transmission directly to and receive control signals or data signals by wireless transmission directly from a personal portable computing device executing an application;
a mounting interface coupled to the video camera for mounting the video camera to a user of the video camera; and
a camera mount configured to be mounted to at least one of the body, a garment, and a vehicle of the user of the video camera, the camera mount configured to couple to the mounting interface to mount the video camera on at least one of the body, the garment, and the vehicle of the user of the video camera, wherein the camera mount is further configured for manual adjustment of the video camera with respect to the user of the video camera,
wherein the camera processor is configured to: generate first video image content and second video
image content corresponding to the video image data representing the scene, wherein the second video image content is a higher quality than the first video image content,
cause the wireless connection protocol device to send the first video image content directly to the personal portable computing device for display on a display of the personal portable computing device,
wherein the first video image content comprises a preview image of the scene, the preview image allowing the user of the video camera to manually adjust an angle of the video camera with respect to the user of the video camera, and
wherein the personal portable computing device generates the control signals for the video camera based at least in part on input received from a user of the personal portable computing device, wherein the control signals comprise at least one of a frame aligmnent, multi-camera synchronization, remote file access, data acquisition, and a resolution setting, and at least one of a lighting setting, a color setting, and an audio setting,
receive, prior to a recording of the scene, the control signals from the personal portable computing device for adjusting one or more image acquisition settings of the video camera in accordance with input received at the personal portable computing device, and
based at least in part on a record command, cause the second video image content to be stored in a storage device at the video camera.
4. The point of view digital video camera system of claim 3, wherein the first video image content comprises at least one of a first image resolution that is lower than a second image
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resolution of the second video image content and a first frame rate that is lower than a second frame rate of the second video image content.
5. The point of view digital video camera system of claim 3, wherein the control signals comprise the color setting.
6. The point of view digital video camera system of claim 3, wherein the control signals comprise the lighting setting.
7. The point of view digital video camera system of claim 3, wherein the control signals comprise the audio setting.
8. The point of view digital video camera system of claim 10
3, wherein the video camera is configured as a server to the personal portable computing device.
9. The point of view digital video camera system of claim 3, wherein the video camera does not have a scene preview
15 screen.
10. The point of view digital video camera system of claim 4, wherein the video camera does not have a screen for viewing the scene.
11. A method for previewing and adjusting a scene to be 20
recorded by a user on an integrated point of view digital video camera, the method comprising:
capturing in real time the scene using the video camera, wherein the video camera comprises:
a lens, an image sensor configured to capture light propagating
through the lens and representing the scene, and produce real time video image data of the scene,
25
32 receiving the control signals directly from the personal
portable computing device to adjust the image capture settings of the video camera prior to recording the scene; and
based at least in part on a record command, storing the video image content at the second quality at the video camera.
12. The method of claim 11, wherein the video image content at the first quality comprises at least one of a first image resolution that is lower than a second image resolution of the video image content at the second quality and a first frame rate that is lower than a second frame rate of the video image content at the second quality.
13. The method of claim 11, wherein the video image content at the first quality comprises a first image resolution that is lower than a second image resolution of the video image content at the second quality and a first frame rate that is lower than a second frame rate of the video image content at the second quality.
14. The method of claim 12, further comprising: monitoring a wireless connection bandwidth between the
wireless connection protocol device and the personal portable computing device, and
adjusting at least one of the frame rate and the image resolution of the video image content at the first quality based at least in part on the monitored wireless connection bandwidth.
15. The method of claim 11, further comprising based at least in part on the record command, storing the video image content at the first quality at the video camera.
a camera processor for receiving the video image data directly or indirectly from the image sensor, and 30
16. The point of view digital video camera system of claim 3, wherein the first video image content comprises a first image resolution that is lower than a second image resolution of the second video image content and a first frame rate that is lower than a second frame rate of the second video image
a wireless connection protocol device operatively coupled to the processor and configured to communicate directly with a personal portable computing device executing an application;
generating video image content corresponding to the scene to be recorded at a first quality and at a second quality, wherein the first quality is lower than the second quality;
35
wirelessly transmitting the video image content at the first quality in real time using the wireless connection proto- 40 col device of the video camera directly to the personal portable computing device of the user,
wherein the video image content at the first quality is displayed on a display of the personal portable computing device allowing the user to manually adjust an angle 45 of the video camera with respect to the user using at least in part a mounting interface coupled to the video camera and a camera mount configured to be mounted to at least one of the body, a garment, and a vehicle of the user, and wherein the personal portable computing device gener- 50 ates control signals for adjusting image capture settings of the video camera, the control signals comprising at least one of a frame alignment, multi-camera synchronization, remote file access, data acquisition, and a resolution setting, and at least one of a lighting setting, a color setting, and an audio setting;
content. 17. The point of view digital video camera system of claim
4, wherein the camera processor is further configured to: monitor a wireless connection bandwidth between the
wireless connection protocol device and the personal portable computing device, and
adjust at least one of the frame rate and the image resolution of the first video image content based at least in part on the monitored wireless connection bandwidth.
18. The point of view digital video camera system of claim 3, wherein the camera processor is further configured to cause the first video image content to be stored in the storage device at the video camera based at least in part on the record command.
19. The point of view digital video camera system of claim 3, wherein the user of the video camera is the user of the personal portable computing device.
20. The point of view digital video camera system of claim 1, wherein the video image content at the first resolution has a lower frame rate than a frame rate of the video image content at the second resolution.
* * * * *
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