Homework 8: Patent Liability Analysis

Transcription

1 Homework 8: Patent Due: Thursday, March 24, at Classtime Team Code Name: Double Deuce Alarm System Group No. 2 Team Member Completing This Homework: Jacob Schroeder NOTE: This is the second in a series of four professional component homework assignments, each of which is to be completed by one team member. The completed homework will count for 10% of the team member s individual grade. It should be a minimum of five printed pages. Report Outline: Introduction (brief description of design project, with a focus on patent liability issues) Results of patent search (similar products/products that perform substantially the same function) Analysis of patent liability o Literal infringement o Infringement under doctrine of equivalents Action recommended to avoid infringement List of references (include links to manufacturers of products that are infringed) Evaluation: Component/Criterion Score Multiplier Points Introduction X 1 Results of Patent Search X 3 Analysis of Patent Liability X 3 Action Recommended X 1 List of References X 1 Technical Writing Style X 1 TOTAL

2 Include this sheet as a cover page for your report 1.0 Introduction The Double Deuce Alarm System (DDAS) is a microcontroller based home security system. It is comprised of a master microcontroller which communicates to slave microcontrollers via the I 2 C communication protocol. Each of the slave microcontrollers can monitor up to 8 sensors of a given type. The security system can be controlled by using either the keypad interface or a web based interface. The web based interface will utilize a Java applet hosted on web server running on the master microcontroller. The Java applet, once initialized on a given client web browser, will communicate with the master microcontoller by using the User Datagram Protocol. Using UDP (vs. TCP) allows for a simpler UDP server on the microntroller which will minimize the code size. When designing an embedded webserver, code compactness is crucial. The functions performed by the microcontoller will be broken down and patent databases searched to determine if there is any cause for concern over patent infringement. Patent databases were searched with regards to home security systems, I 2 C communication protocols, and web communications. After a thorough search and analysis of several patents, suggestions can be made on how to modify the design to ensure no patent infringement occurs. 2.0 Results of Patent Search Although there are many patented items which perform similar functions to the double deuce alarm system, there were none found patented which performed the same functions in the same manner as the double deuce alarm system. The relevant patents discovered from rigorous patent database searches are analyzed below. Patent 4,204,201 December 19, 1978 [3] Modular alarm system This patent for the "Modular alarm system" describes a basic alarm system which is fully customizable and expandible based upon the needs of the user. The basic philosophy is to have a main controller unit which has a standard interface to other secondary microcontrollers. Those

3 secondary microcontrollers will be responsible for monitoring the absence or presence of signals detected from the sensors being used. This design allows a standard interface between the main controller and the secondary controller regardless of the types of conditions the secondary controllers may be monitoring. The patented design of the "Modular alarm system" is nearly identical to the DDAS in the respect that both are designed to be fully flexible, expandable, and customizable to the needs of the user. Both designs have a main controller unit whose job is to communicate to secondary controllers and to determine the faulty sensor from the array of secondary controllers. The secondary controllers may be implemented in any such way to allow for monitoring of various events through various sensors (ie. smoke detectors, glass break, intrustion detection, etc.). Since the actual implementation of this functionality occurs differently between the "Modular alarm system" and the DDAS, this is not a literal infringement, but rather an infringement under doctrine of equivalents. Despite the close resemblance of the fundamental designs of the "Modular alarm system" and the DDAS, there is no enforceable patent infringement due to the fact that this patent is expired (filing date December 19, 1978). Patent 4,465,904 June 8, 1981 [2] Programmable alarm system This patent describes a rather complex alarm system in which each sensor will have internal memory stored in a digital communicator. In this internal memory, information can be stored to be transmitted to the master controller upon request. This allows location or sensor information to be stored on the individual sensor module to help the central control station determine where an alarm is triggered. The digital communicator is what will be responsible for communicating to the main controller via telephone lines. This internal memory of the digital communicator can be reprogrammed with a digital programmer, which can also test the status of the sensor modules. In addition, the main controller can activate/deactivate sensors for different modes of operation and for zoning.

4 Both the above mentioned patent and the current design of the DDAS are microcontroller based security systems. The "Programmable alarm system" describes a special programmer device that can be used for programming the individual sensor modules in addition to interfacing with the main controller. The DDAS utilizes a Java Applet served on a webpage for changing of configuration values and simple re programming. The "Programmable alarm system" uses signal transmission through phone lines connected to a telecom system for its method of communication. The design of the DDAS allows the "digital communicators" to be mounted on the main controller board via headers hence eliminating the need to communicate via a telecom system for the backplane communication. Since the two designs do not accomplish exactly the same task in exactly the same way, this is not an instance of literal infringement. Some could argue an infringement under doctrine of equivalents; both designs have a central controller which communicates to remote microcontrollers which monitor various sensors. In addition, both systems have a limited ability to be reprogrammed as well. This patent is expired (filing date June 8, 1981) and therefore the DDAS is free to utilize aspects already patented in this given patent. Patent 4,567,557 February 23, 1983 [4] Building intelligence system This patent describes a monitoring system for a building where the "brain" of the system is a dedicated computer. This computer will interface with external circuitry which is in turn interfaced to various input and output devices that are hardwired to the system. The external circuitry will monitor the inputs (sensors) and feed data to the dedicated computer. The dedicated computer will store the information gathered by the sensors and provide this information to a client personal computer where this data can viewed in a user friendly format. The entire system can be managed from an application running on the personal computer. Schedules can be set up for controlling certain devices and subroutines can be set up to perform certain actions based upon the time of day in addition to given input (sensor) values.

5 The "Building intelligence system" is a complicated design which covers many more aspects than the DDAS design. Even though the "Building intelligence system" is a much broader design than the DDAS, there are still some issues that one must consider. One aspect common to both designs is the monitoring and management of the home security system through a personal computer. In the case of the "Building intelligence system" the connection between the system and a personal computer is through a RS232 cable connected to the dedicated computer running the "Building intelligence system". On the other hand, the DDAS design calls for the microcontroller running the home security system to be connected to the internet. It is through the internet (via a Java applet) that a personal computer can be used to monitor and manage the entire system. The functionalities of the above patented design and the DDAS, although similar in nature, are implemented in totally different ways; thus, this is not a case of literal patent infringement. One could argue for infringement under doctrine of equivalence; however, the patent is expired (filing date February 23, 1983) so it isn't an illegal infringement it actually falls under prior art. Therefore, the design of the DDAS is safe from infringement again patent 4,567,557. Patent 4,581,606 August 30, 1982 [1] Central monitor for home security system This patent describes a home security system where each of the sensors has some internal memory which can be used to store information about each individual sensor. Suggestions for information include name, location, and type of sensor. A keypad driven by a microcontoller is used to directly interface with the monitors to program the internal memory. When an alarm is triggered, the individual monitors will transmit an alarm code along with the programmed information to the central micrcontroller where the data can be processed and the sensor can be singled out. There are several similarities and differences between the current design of the DDAS and the above mentioned patented design of a "Central monitor for home security system". Both designs are for a microcontroller based home security system with remote monitoring stations. For the above patent, the monitoring stations can be reprogrammed to store unique information that can be used by the main control unit in determining which sensors were tripped. In the DDAS the microcontroller can determine which sensors were tripped by comparing their address on the I2C bus to a lookup table stored in the main controller through the web interface.

6 Since the designs are not exactly the same, there is no literal infringement; although, one could argue the doctrine of equivalents. Both designs store electronic information about the remote sensors (entered via an external keypad) to use in reporting more precise information when a sensor is tripped. This patent is expired (filing date August 30, 1982) and therefore the DDAS is free to utilize aspects already patented in this given patent. 3.0 Action recommended to avoid infringement After an extensive patent search, no cases of patent infringement were found. Although several patented designs were found implementing similar functionality, all of them were expired. Patents expire twenty years after their filing date and can thus be considered prior art. Home security systems have been around for some time now, and the design of the DDAS is simply a logical and obvious extension of the basic home monitoring and home security system patented well over twenty years ago. Therefore, it is not surprising that it was difficult to find cases of patent infringement. Extensive searches were made on all patents referencing the ones outlined above yet none of them were similar enough to justify comparisons. Our design is basically an extension upon your standard security system with the logical extension that instead of having a physical access panel near the front door reporting status information, this design has a "virtual access panel" accessible from the internet via a Java Applet. With so much prior art and the modern popularity of the internet, it has been determined after an extensive patent search that the DDAS is safe from all charges of patent infringement against it. Therefore, there are no changes or actions necessary to avoid patent infringement. 4.0 List of references [1] =4,581,606.WKU.&OS=PN/4,581,606&RS=PN/4,581,606

7 [2] =4,465,904.WKU.&OS=PN/4,465,904&RS=PN/4,465,904 [3] =4,204,201.WKU.&OS=PN/4,204,201&RS=PN/4,204,201 [4] =4,567,557.WKU.&OS=PN/4,567,557&RS=PN/4,567,557 NOTE: It was difficult to find links to manufacturers websites for commerical products as the main patent owners for the above are companies that are no longer in operation (ie. Systron Donner Corporation) or have changed their focus (ie. Isotec Industries Limited). Although below are links to manufacturers of products similar to the Double Deuce Alarm System. [5] [6] [7] [8] interlogix/intrusion_fire/