PTAB

IPR2016-01818

ams AG v. 511 Innovations Inc

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1. Case Identification

2. Patent Overview

  • Title: Color sensing apparatus and method
  • Brief Description: The ’283 patent relates to a color sensing apparatus that uses a probe with optical sensors to measure the intensity of reflected light and determine an object's optical characteristics, such as color. The invention focuses on using light-to-frequency converters and determining a "critical height"—the probe-to-object distance where reflected light intensity is maximal—to ensure accurate measurements independent of distance.

3. Grounds for Unpatentability

Ground 1: Obviousness over JP ’028 and TSL2XX Datasheets - Claims 1, 3, 21-23, and 27 are obvious over JP ’028 in view of the TSL2XX Datasheets.

  • Prior Art Relied Upon: JP ’028 (Japanese Laid Open Patent Application No. H01-276028) and the TSL2XX Datasheets (specifically the TSL230 Datasheet).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that JP ’028, which describes a non-contact colorimeter, discloses nearly all elements of the independent claims. JP ’028 teaches an apparatus for determining a color characteristic of an object using a light source, a light receiving input, a plurality of filter elements, and a plurality of sensors. However, the sensors in JP '028 generate an electric signal corresponding to light intensity, not a signal with a frequency proportional to intensity. Petitioner contended this missing element is supplied by the TSL230 Datasheet, a commercially available light-to-frequency converter sensor which the ’283 patent itself admits is prior art. The arguments for dependent claims followed from this combination, with JP '028 teaching distance-finding mechanisms analogous to the "first height" limitation.
    • Motivation to Combine: A person of ordinary skill in the art (POSITA) would be motivated to replace the photodetectors in JP ’028 with the well-known, commercially available TSL230 sensors. This substitution would create a more advanced system with higher resolution light measurement and a simpler design requiring fewer analog components, which is a predictable improvement.
    • Expectation of Success: A POSITA would have had a reasonable expectation of success in this combination. Utilizing the TSL230 sensor in the JP ’028 system was a simple design choice that would predictably result in an apparatus that generates a signal with a frequency proportional to the received light intensity, as claimed.

Ground 2: Obviousness over JP ’028, TSL2XX Datasheets, Bayer, and Banning - Claims 22-24 are obvious over JP ’028 and the TSL2XX Datasheets in view of Bayer and Banning.

  • Prior Art Relied Upon: JP ’028, TSL2XX Datasheets, Bayer (Patent 3,971,065), and Banning (Patent 2,755,334).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground built upon the combination in Ground 1 to specifically address the limitations of claims 22-24, which recite red, green, and blue filters (claim 22) and a broadband sensor that does not receive light through those filters (claim 24). While JP '028 discloses color filters, Petitioner argued that Bayer and Banning explicitly teach the specific filter arrangements required. Banning describes color imaging systems using red, green, blue, and "white" (clear) filter segments to accurately capture both color and overall luminance. Bayer similarly describes filter mosaics (now known as "Bayer filters") using red, green, and blue segments to account for luminance.
    • Motivation to Combine: A POSITA would be motivated to incorporate the filter patterns from Banning or Bayer into the colorimeter of JP ’028. This would allow the device to more accurately characterize not only the color but also the overall luminance of the source light and the object, a known goal in colorimetry. Specifically, Banning’s teaching of a "white" filter segment directly motivates the addition of a broadband sensor (claim 24) to account for overall intensity.
    • Expectation of Success: Combining these known filter patterns for their intended purpose of improving color accuracy and accounting for luminance in the established colorimeter design of JP '028 would have been a straightforward modification with predictable results.

Ground 3: Obviousness over Eguchi - Claims 1, 3, 21, and 27 are obvious over Eguchi.

  • Prior Art Relied Upon: Eguchi (Patent 4,381,523).

  • Core Argument for this Ground:

    • Prior Art Mapping: Petitioner asserted that Eguchi, which describes a camera with an autofocus feature, discloses every limitation of the challenged claims in this ground without combination. Eguchi teaches an apparatus (camera) that determines a characteristic (distance to an object for focus) based on the intensity of reflected light. It discloses using a color stripe filter (plurality of filter elements) and a CCD sensor array (plurality of sensors). Crucially, Eguchi's sensor driver includes a light-to-frequency conversion circuit that generates a square wave signal with a frequency proportional to the intensity of incident light. This signal is then used to control the accumulation time of the CCD sensor array, meaning the sensor array's output signal rate is based on a frequency proportional to the received light intensity.
    • Motivation to Combine (for §103 grounds): This ground alleged obviousness over a single reference, arguing all elements were present.
    • Expectation of Success (for §103 grounds): Not applicable as this is a single-reference ground.

  • Additional Grounds: Petitioner asserted an additional obviousness challenge (Ground 4) based on combining Eguchi with Bayer and Banning to explicitly teach the red, green, blue, and broadband filter limitations of claims 22-24, mirroring the logic of Ground 2.

7. Relief Requested

  • Petitioner requests institution of an inter partes review and cancellation of claims 1, 3, 21-24, and 27 of the ’283 patent as unpatentable.