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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ____________
`UBISOFT ENTERTAINMENT, S.A.
`Petitioner
`v.
`PRINCETON DIGITAL IMAGE CORP.,
`Patent Owner
`____________
`
`Case No. IPR2014-00635
`Patent 5,513,129
` ____________
`
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`
`
`DECLARATION OF DR. VIJAY K. MADISETTI
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`PETITIONERS EX. 1013 Page 1
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`I, Vijay K. Madisetti, hereby declare the following:
`I. BACKGROUND AND EDUCATION
`1. My name is Vijay Madisetti, and I am a Professor of Electrical and
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`Computer Engineering at Georgia Institute of Technology (“Georgia Tech”) in
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`Atlanta, GA.
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`2.
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`I received a Bachelor of Technology in electronics and Electrical
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`Communications Engineering from the Indian Institute of Technology (IIT) in
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`1984. I received my Ph.D. in Electrical Engineering and Computer Sciences
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`(EECS) from the University of California, Berkeley in 1989. I am currently a
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`tenured full Professor at Georgia Institute of Technology, and I have been on the
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`faculty of Georgia Institute of Technology since 1989. I have authored or co-
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`authored over 100 reference articles in the area of electrical engineering. I have
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`also authored, co-authored, or edited several books in the areas of electrical
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`engineering, signal processing, image and video processing, computer engineering,
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`and embedded systems, including Modeling, Analysis, Simulation of Computer and
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`Telecommunications Systems (1994), VLSI Digital Signal Processors (1995) and
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`The Digital Signal Processing Handbook (First & Second Editions) (1998, 2012),
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`and VHDL: Electronics Systems Design Methodologies (2000). Although I discuss
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`my expert qualifications in more detail below, I also attach as [Appendix A] a
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`PETITIONERS EX. 1013 Page 2
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`recent and complete curriculum vitae, which details my educational and
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`professional background and includes a listing of most of my publications.
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`3.
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`I have been involved in research and technology in the area of signal
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`processing, event-driven programming, and embedded systems since the late
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`1980s, and my work in this area has focused on design and application of digital
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`signal processors, optimization of signal processing systems, hardware and
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`software of embedded systems, and event-driven programming in distributed
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`systems.
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`4.
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`In 1987, at UC Berkeley, I worked on implementing a globally
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`distributed file system, called GAFFES, to facilitate information sharing in a global
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`network of workstations. GAFFES provided four services to handle naming,
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`replication and caching, security and authentication, and file access primitives.
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`GAFFES outlined features of access in terms of users and their roles, and in terms
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`of beliefs and policies. Every file in GAFFES has at least one role, and the owner
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`of a role determines the roles that may use that role to operations on software files.
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`5.
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`I have authored, co-authored, or edited several books in the past
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`twenty years, including:
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`• VLSI Digital Signal Processors
`Madisetti, V.K.
`• Quick-Turnaround ASIC Design in VHDL
`Romdhane, M., Madisetti, V.K., Hines, J.
`• The Digital Signal Processing Handbook (First Edition)
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`PETITIONERS EX. 1013 Page 3
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`Madisetti, V. K., Williams, D. (Editors)
`• VHDL: Electronics Systems Design Methodologies.
`Madisetti, V. K. (Editor)
`• Platform-Centric Approach to System-on-Chip (SoC)
`Design.
`Madisetti, V. K., Arpnikanondt, A.
`• The Digital Signal Processing Handbook – Second Edition.
`Madisetti, V. K. (2009/2010)
`• Cloud Computing: A Hands-On Approach
`A Bahga, V. Madisetti (2013)
`In the past twenty years I have also authored several peer-reviewed
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`6.
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`papers in the areas of signal processing, embedded digital signal processing
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`systems, event driven programming, and computer and software design, and these
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`include:
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`• V. Madisetti, et al, “Synchronization mechanisms for distributed
`event-driven computation”, ACM Transactions on Modeling and
`Computer Simulation, Vol 2, No. 1, January 1992
`• V. Madisetti, et al, “The Georgia tech Digital Signal Multiprocessor”,
`IEEE Transactions on Signal Processing, Vol 41, No. 7, July 1993
`• V. Madisetti et al, “Rapid Prototyping on the Georgia Tech Digital
`Signal Multiprocessor”, IEEE Transactions on Signal Processing, Vol
`42, March 1994.
`• V. Madisetti et al, “Computer Simulation of Application-Specific
`Signal Processing Systems”, International Journal in Computer
`Simulariton, Vol. 4, No. 4, Nov 1994
`• V. Madisetti, “Reengineering legacy embedded systems”, IEEE
`Design & Test of Computers, Vol 16, Vol 2, 1999
`• V. Madisetti et al, “Virtual Prototyping of Embedded Microcontroller-
`based DSP Systems”, IEEE Micro, Vol 15, Issue 5, 1995
`• V. Madisetti, et al, “Incorporating Cost Modeling in Embedded-
`System Design”, IEEE Design & Test of Computers, Vol 14, Issue 3,
`1997
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`• V. Madisetti, et al, “Conceptual Prototyping of Scalable Embedded
`DSP Systems”, IEEE Design & Test of Computers, Vol 13, Issue 3,
`1996.
`• V. Madisetti, Electronic System, Platform & Package Codesign,”
`IEEE Design & Test of Computers, Vol 23, Issue 3, June 2006.
`• V. Madisetti, et al, “A Dynamic Resource Management and
`Scheduling Environment for Embedded Multimedia and
`Communications Platforms”, IEEE Embedded Systems Letters, Vol 3,
`Issue 1, 2011.
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`I have over 100 peer-reviewed publications issued from the early
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`7.
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`1980s to the present on topics related to computer engineering, signal processing,
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`event-driven programming, and digital system design.
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`8.
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`I am a Fellow of the Institute of Electrical and Electronics
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`Engineering (“IEEE”), which signifies the highest professional standing in my
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`research and educational community.
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`9.
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`I have already been qualified as an expert in over a dozen trials, and
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`two recent cases: Harkabi v. SanDisk Corp., No. 08-cv-8203 (S.D.N.Y.) and
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`Yangaroo Inc. v. Destiny Media Techs. Inc., No. 09-cv-462 (E.D. Wisc.) the
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`technology at issue was specific to the area of digital rights management of
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`software products. I testified in both of these cases at trial (Harkabi v. SanDisk)
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`and by deposition (Yangaroo v. Destiny).
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`10.
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`In sum, I have over 25 years of experience in research and
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`development in the areas of signal processing, event-driven programming,
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`computer engineering and electrical engineering as a professor, researcher and
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`consultant.
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`11.
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`I have been retained by Ubisoft Entertainment, S.A. and am
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`submitting this declaration to offer my independent expert opinion concerning
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`certain issues raised in the Patent Owner’s Response (“PO Response”) to the
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`Petition for inter partes Review (“Petition”). My compensation is not based on the
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`substance of the opinions rendered here. As part of my work in connection with
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`this matter, I have studied U.S. Patent No. 5,513,129 (“the ‘129 patent”), including
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`the respective written descriptions, figures and claims. I have also reviewed the
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`Petition for Inter Partes Review of the ‘129 patent, the Board’s Institution
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`Decision, and Patent Owner’s Response.
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`OPINION
`LEVEL OF A PERSON HAVING ORDINARY SKILL IN THE ART
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`I.
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`12.
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`It is my understanding that Petitioner contends that a person of
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`ordinary skill in the field of audio-controlled virtual objects in 1993 would have a
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`B.S. in electrical engineering, computer engineering, computer science or related
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`engineering discipline and at least two years experience in practical or post-
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`graduate work in the area of computer-generated animations and/or graphics or
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`equivalent experience or education. It is also my understanding that Petitioner
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`contends that the person would also have some knowledge of media processing
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`and digital audio programming.
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`13.
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`It is my understanding that Patent Owner’s expert is contending that a
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`person of ordinary skill in the art would have “at least a bachelor of science degree
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`in computer science or computer engineering, with at least two years of practical
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`experience with graphical interfaces.” Ex. 2002 at ¶9.
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`14.
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` Based on my education, training, and professional experience in the
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`field of the claimed invention, I qualify as a person having at least ordinary skill in
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`the art as of the filing date of the ‘129 Patent under, at least, the Patent Owner’s
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`definition of the level of one of ordinary skill in the art.
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`II. CLAIM CONSTRUCTION
`15.
`I have been informed that the ‘129 Patent is expired and that, in such a
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`case, the words of a claim are given their ordinary and customer meaning as would
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`have been understood by a person of ordinary skill in the art at the time of the
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`invention, in other words July 1993.
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`16.
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`I have also been informed that claim limitations that use certain
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`language, such as “means” or “means for,” may invoke 35 U.S.C. §112, 6th
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`paragraph, or what is now 35 U.S.C. §112(f). When a claim limitation falls under
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`this provision (and is thus considered a “means plus function” claim limitation), I
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`have been informed that the claim term is construed to only cover the
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`corresponding structure, material, or acts described in the specification and
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`equivalents thereof that were known at the time of the invention. Therefore, in
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`order for a prior art reference to teach such a claim term, it must disclose the same
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`function required by the claim and the same corresponding structure as that
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`disclosed in the patent for performing the function or an equivalent to the
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`corresponding structure. It is also my understanding that the corresponding
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`structure only includes the structure necessary to perform the function and that it is
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`inappropriate to incorporate structure from the specification beyond that necessary
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`to perform the recited function.
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`A. means for supplying a first signal selected from a group consisting
`of … (Claim 12)
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`It is my understanding that the Board has not construed this claim
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`17.
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`limitation. I understand that the parties agree that the function is “supplying a first
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`signal selected from a group consisting of a control signal having music and/or
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`control information generated in response to a music signal, a prerecorded control
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`track having music and/or control information corresponding to the music signal,
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`and a control signal having music and/or control information generated in response
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`to the prerecorded control track.” PO Response at 11; see also Petition at 5-6. I
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`understand that Patent Owner contends that the structure necessary for performing
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`this function is “a media player having signal outputs, a sound processor connected
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`to one or more of the media player outputs, an audio amplifier connected to the
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`sound processor, one or more tape IF converters connected to one or more of the
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`media player outputs, an audio source such as a microphone, a multichannel audio
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`digital with serial output connected to one or more outputs of the media player and
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`to an audio source, a microprocessor having inputs connected to the tape IF
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`converters and programmed to generate control signals.” PO Response at 11-12. I
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`was asked to consider whether all of the structures identified by Patent Owner are
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`necessary for performing the claimed function.
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`18. First, I note that Patent Owner relies solely on Figure 6 of the ‘129
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`Patent and appears to completely disregard Figures 1, 2, and 4. As described in the
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`‘129 Patent, Figure 6 is a “block diagram of a system for creating an audio tape
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`produced by the FIG. 5 system.” Ex. 1001, ‘129 patent at 7:33-34. The ‘129 Patent
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`also describes Figures 5 and 6 as one implementation that is specific to a
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`prerecorded multi-track audio tape for use with a head-coupled display system that
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`provides “head position and orientation.” Ex. 1001, ‘129 Patent at 12:38-42, 14:23-
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`26, 17:13-22. However, the ‘129 patent expressly discloses that a multi-track
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`audio tape and head-mounted display are not necessary components of the system,
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`and these components are not depicted in the “preferred embodiment of the
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`inventive system” that is depicted in Figure 1. Ex. 1001, ‘129 Patent at 7:65-67,
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`7:11-13, 20:10-15, 20:26-28, 8:7-17.
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`19. The ‘129 patent expressly discloses that the multichannel audio
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`digitizer 245, sound processor 205, audio source such as microphone 248, and
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`audio amplifier 210 are all optional components for the system depicted in Figure
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`6. Ex. 1001, ‘129 patent at 19:20-22 (“Sound processing equipment (such as
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`sound processor 205 shown in FIG. 6) can optionally be connected between audio
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`source 200 and amplifier 210.”); 19:15-19 (“VR system 250 of FIG. 6 can play
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`digitized music (e.g., generate original music), rather than merely routing digitized
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`music from an external source (e.g., digitizer 245 of FIG. 6).”); 17:13-22 (“The VR
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`system receives three signals: … digitized audio signals 246 that digitally represent
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`the original audio (which is typically music), and/or any other audio source
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`desired, such as a live microphone 248.”); 10:51-65 (disclosing that where “the VR
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`computer has digital-to-analog audio capabilities,” an audio amplifier
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`is
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`unnecessary). As described by the ‘129 patent, a system that does not include
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`these optional components, such as those depicted in Figures 1, 2, and 4, is still
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`capable of supplying a first signal. Accordingly, it is my opinion that these
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`optional components are not necessary for performing the claimed function.
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`20. The ‘129 patent also discloses that the system of Figure 6, which is “a
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`principally analog device, [] can easily be implemented digitally, in alternative
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`embodiments of the invention.” Id. at 20:32-34; see also id. at 10:59-61 (“a digital
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`VR computer itself (e.g., VR system 250 of FIG. 6)”); 15:34-42 (“there are many
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`forms of signal processing which can be used to derive this control signal … A
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`variety of digital signal processing techniques and analog signal processing
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`techniques may be used”); 19:14-18 (“VR system 250 of FIG. 6 can play digitized
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`music … rather than merely routing digitized music from an external source (e.g.,
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`digitizer 245 of FIG. 6).”). A skilled artisan would understand that where a
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`prerecorded control track or control signal is stored or initially provided in digital
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`form, converters and digitizers are not necessary. As such, it is my opinion that the
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`tape IF converters and digitizer are not necessary structures for performing the
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`specifically claimed function.
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`21.
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`It is my opinion that the only structure necessary for performing the
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`function of “supplying a first signal” is a music source and a general purpose
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`processor. See e.g., id. at 8:33-51 (“The control signals output from analyzer 5 are
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`supplied through interface 6 to VR processor 7. … One or more of the control
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`tracks (or both the music signal and one or more control tracks, or the music signal
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`alone) can be supplied directly to VR processor”); Fig. 1.
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`B. means for receiving the first signal and influencing action within a
`virtual environment (Claim 12)
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`It is my understanding that the Board has not construed this claim
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`22.
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`limitation. I understand that the parties agree that the function is “receiving the
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`first signal and influencing action within a virtual environment in response to said
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`first signal.” PO Response at 14; Petition at 7. I understand that Patent Owner
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`contends that the structure necessary for performing this function is “a virtual
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`reality system connected to the microprocessor and outputting video signals and a
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`virtual reality display connected to the virtual reality system.” PO Response at 14.
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`I was asked to consider whether all of the structures identified by Patent Owner are
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`necessary for performing the claimed function and, if not, what structure is
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`necessary to perform this specific function.
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`23. As depicted in Figure 6, the VR system 250 is the only structure that
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`receives the “first signals.” See e.g., Ex. 1001, ‘129 Patent at 17:13-22 (“The VR
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`system receives … a control and data tape signal 241 that is related to the control
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`tracks prerecorded on four-track tape 180T; and digitized audio signals 246 that
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`digitally represent the original audio (which is typically music), and/or any other
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`audio source desired, such as a live microphone 248.”); 17:42-49 (“The system …
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`reads the ‘control track’ control signal 241 and audio control signal 246 (steps 440
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`and 450). In response to this information, any number of programs can be
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`implemented (step 460) to control and create and manipulate the virtual
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`environment in a manner choreographed with the original music signal.”); see also
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`id. at 8:33-51 (“The control signals output from analyzer 5 are supplied through
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`interface 6 to VR processor 7. … One or more of the control tracks (or both the
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`music signal and one or more control tracks, or the music signal alone) can be
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`supplied directly to VR processor”).
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`24.
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`It is my opinion that a display is not a necessary structure for
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`receiving a first signal or for influencing action within a virtual environment. As
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`disclosed in the ‘129 patent, the display device merely displays image data
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`representing a virtual environment that was received from the VR processor. Ex.
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`1001, ‘129 Patent at 8:2-4, 10:6-13 (“…VR processor 7 would draw a
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`corresponding visual event (e.g., lightning) so that user would see the visual event
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`a fraction of a second later.”), 14:11-13 (“VR system 250 outputs two video signals
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`250L and 250R representing the left and right eye viewpoints of a virtual
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`environment.”). As the claimed functions are not directed toward visualization of
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`a virtual environment, a display is not necessary for performing the function of
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`“receiving the first signal and influencing action within a virtual environment in
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`response to said first signal.”.
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`25.
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`It is my opinion that the only structure necessary for performing the
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`function of “receiving the first signal and influencing action within a virtual
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`environment in response to said first signal” is a general-purpose computer. See
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`e.g., Ex. 1001, ‘129 Patent at 8:33-51 (“The control signals … are supplied … to
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`VR processor 7, for use within processor 7 for controlling generation of the virtual
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`environment. One or more of the control tracks (or both the music signal and one
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`or more control tracks, or the music signal alone) can be supplied directly to VR
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`processor 7, to enable processor 7 … to control generation of the virtual
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`environment in response to the control tracks or music”).
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`C.
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`analysis apparatus having means for receiving said music signal in
`digital or analog form, and processing said music signal to produce
`control information for modification of objects in the virtual
`environment (Claim 13)
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`26.
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`It is my understanding that the Board has not construed this claim
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`limitation. I understand that the parties agree that the function is “receiving said
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`music signal in digital or analog form, and processing said music signal to produce
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`control information for modification of objects in the virtual environment.” PO
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`Response at 15-16; Petition at 8. I understand that Patent Owner contends that the
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`structure necessary for performing this function is “a sound processor, an audio
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`amplifier connected to the sound processor, one or more tape IF converters, a
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`multichannel audio digitizer with serial output, a microprocessor having inputs
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`connected to the tape IF converters and programmed to generate control signals.”
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`PO Response at 16. I was asked to consider whether all of the structures identified
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`by Patent Owner are necessary for performing the claimed function and, if not,
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`identify what structures are necessary to perform this function.
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`27. The ‘129 patent expressly discloses that the multichannel audio
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`digitizer 245, sound processor 205, audio source such as microphone 248, and
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`audio amplifier 210 are all optional components for the system depicted in Figure
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`6. Ex. 1001, ‘129 patent at 19:20-22 (“Sound processing equipment (such as
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`sound processor 205 shown in FIG. 6) can optionally be connected between audio
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`source 200 and amplifier 210.”); 19:15-19 (“VR system 250 of FIG. 6 can play
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`digitized music (e.g., generate original music), rather than merely routing digitized
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`music from an external source (e.g., digitizer 245 of FIG. 6).”); 17:13-22 (“The VR
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`PETITIONERS EX. 1013 Page 14
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`system receives three signals: … digitized audio signals 246 that digitally represent
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`the original audio (which is typically music), and/or any other audio source
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`desired, such as a live microphone 248.”); 10:51-65 (disclosing that where “the VR
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`computer has digital-to-analog audio capabilities,” an audio amplifier
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`is
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`unnecessary). As described by the ‘129 patent, a system that does not include
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`these optional components, such as those depicted in Figures 1, 2, and 4, is still
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`capable of receiving a music signal in digital or analog form, and processing the
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`music signal. Accordingly, it is my opinion that these optional components are not
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`necessary for performing the claimed function.
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`28. With respect to the one or more tape IF converters, it is my opinion
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`that the need for a converter and the type of converter needed is dependent on the
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`music source. The ‘129 Patent discloses several specific types of converters in
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`addition to tape IF converters and discloses that a converter is only necessary to the
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`extent that a music signal is received in analog form. Ex. 1001, ‘129 Patent at
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`16:56-61, 20:26-35. As described in the ‘129 patent and depicted in Figures 1, 2,
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`and 4, the disclosed structure for receiving a music signal in analog form is an A-
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`to-D converter. An A-to-D converter merely digitizes analog signals before further
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`processing. Id. at 9:61-65. The added step of digitizing a signal is unnecessary for
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`digital signals, and as depicted in Figure 4, digital signals bypass the A-to-D
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`converter to be instead supplied directly to the processor. Id. at 9:61-66; Fig. 4.
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`One of skill in the art would understand that a tape IF converter is simply one kind
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`of A-to-D converter, and that the ‘129 patent discloses many other kinds of A-to-D
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`converters. It is my opinion that the disclosed structure for receiving a music
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`signal in analog form is not limited to any specific type of A-to-D converter.
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`29.
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`It is my opinion that the only structure necessary for performing the
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`function of “receiving said music signal in … analog form” is an A-to-D converter.
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`It is also my opinion that the only structure necessary for performing the function
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`of “receiving said music signal in digital … form” and “processing said music
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`signal to produce control information for modification of objects in the virtual
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`environment” is a general purpose computer. See, e.g., Ex. 1001, ‘129 Patent at
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`Abstract (“In preferred embodiments, a computer creating a virtual world interprets
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`the music, the control track, or both, and uses the resulting information to modify,
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`create, and or control objects in the virtual environment.”); 1:48-51 (“A VR system
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`which embodies the invention can … create, animate, or otherwise control …
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`virtual environments and virtual objects in response to music”); see also 5:1-10,
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`11:28-43, 9:19-26.
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`D. means for prerecording a control track having music and/or control
`information corresponding to a music signal (claim 16)
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`means for prerecording a control track having audio and/or control
`information corresponding to an audio signal (Claim 22)
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`PETITIONERS EX. 1013 Page 16
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`30.
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`It is my understanding that the Board has not construed these claim
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`limitations. I understand that the parties agree that the function is “prerecording a
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`control track having music/audio and/or control information corresponding to an
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`music/audio signal.” Petition at 9; see also PO Response at 16-17. I understand
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`that Patent Owner contends that for the limitation in claim 22 the structure
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`necessary for performing this function is “a first media player unit, one or more
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`input devices, one or more microprocessors programmed with software to generate
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`a control track from audio data and other input data and connected to the input
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`devices, one or more interface converters connected to the one or more
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`microprocessors, a second media player unit, a synchronizer connected to the first
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`and second media player units, and a media recorder connected to the one or more
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`interface converters and the second media player unit,” and for the similar
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`limitation in claim 16, the corresponding structure “is the same except that the term
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`‘audio’ is replaced with ‘music,’ a particular type of audio.” PO Response at 17. I
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`was asked to consider whether all of the structures identified by Patent Owner are
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`necessary for performing the claimed function.
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`31. Both parties agree that the disclosed structure for performing the
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`function of this limitation is illustrated in Figure 5. However, Figure 5
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`encompasses structures for multiple disclosed embodiments, and
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`includes
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`structures not necessary for the claimed function. See e.g., Ex. 1001, ‘129 Patent
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`at 15:17-24. For example, in one embodiment the ‘129 Patent discloses
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`prerecording control tracks by automatically deriving control signals from an
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`original recording. See e.g., id. at 15:17-62. In another embodiment the ‘129
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`Patent discloses a human operator prerecording a control track by creating control
`
`signals via input switches and/or a computer data storage device. See e.g., id. at
`
`15:17-24; 16:8-41.
`
`32. With respect to the one or more interface converters, it is my opinion
`
`that the need for a converter and the type of converter needed is dependent on the
`
`music source. The ‘129 Patent discloses several specific types of converters in
`
`addition to interface converters and discloses that a converter is only necessary to
`
`the extent that a music signal is received in analog form. Id. at 15:63-16:1; 16:56-
`
`61. A skilled artisan would understand that where a prerecorded control track is
`
`stored or initially provided in digital form, converters are not necessary. As such, it
`
`is my opinion that the interface converter is not necessary structure for performing
`
`the claimed function.
`
`33.
`
`In the embodiment depicted in Figure 5, where the control track is
`
`prerecorded automatically, the ‘129 Patent discloses the “original multitrack and
`
`two-track tape machines … can be replaced by any form of an audio source.” Id.
`
`at 20:26-35. Likewise, in the embodiment wherein the control track is prerecorded
`
`manually, the ‘129 Patent discloses that the input can be via “digital switches 150
`
`
`
`18
`
`PETITIONERS EX. 1013 Page 18
`
`
`
`or analog controls 160” or “via a disk drive 165 or other type of electronic data
`
`storage and retrieval mechanism or directly by a computer system.” Id. at 16:16-
`
`25. In the later case, “[s]uch information may be created in a multiple of ways
`
`including paint programs, 3D modeling programs, digitizing scanners and so on.”
`
`Id. at 16:22-27.
`
`34.
`
`It is my opinion that the only structure necessary for performing the
`
`function of “prerecording a control track having music/audio and/or control
`
`information corresponding to an music/audio signal” is an input, a general purpose
`
`computer, and a data storage device.
`
`E. means for producing the virtual environment in response to said
`prerecorded control track (claim 16)
`
`It is my understanding that the Board has not construed this claim
`
`35.
`
`limitation. I understand that the parties agree that the function is “producing the
`
`virtual environment in response to said prerecorded control track.” PO Response
`
`at 20; Petition at 10. I understand that Patent Owner contends that the structure
`
`necessary for performing this function is “a media player having signal outputs, a
`
`sound processor connected to one or more of the media player outputs, an audio
`
`amplifier connected to the sound processor, one or more tape IF converters
`
`connected to one or more of the media player outputs, a multichannel audio digital
`
`with serial output connected to one or more outputs of the media player, a
`
`microprocessor having inputs connected to the tape IF converters and programmed
`
`
`
`19
`
`PETITIONERS EX. 1013 Page 19
`
`
`
`to generate control signals.” PO Response at 20. I was asked to consider whether
`
`all of the structures identified by Patent Owner are necessary for performing the
`
`claimed function and, if not, what structure are necessary to perform this function.
`
`36. The ‘129 patent expressly discloses that the multichannel audio
`
`digitizer 245, sound processor 205, and audio amplifier 210 are all optional
`
`components for the system depicted in Figure 6. Ex. 1001, ‘129 patent at 19:20-22
`
`(“Sound processing equipment (such as sound processor 205 shown in FIG. 6) can
`
`optionally be connected between audio source 200 and amplifier 210.”); 19:15-19
`
`(“VR system 250 of FIG. 6 can play digitized music (e.g., generate original music),
`
`rather than merely routing digitized music from an external source (e.g., digitizer
`
`245 of FIG. 6).”); 17:13-22 (“The VR system receives three signals: … digitized
`
`audio signals 246 that digitally represent the original audio (which is typically
`
`music), and/or any other audio source desired, such as a live microphone 248.”);
`
`10:51-65 (disclosing that where “the VR computer has digital-to-analog audio
`
`capabilities,” an audio amplifier is unnecessary). As described by the ‘129 patent,
`
`a system that does not include these optional components, such as those depicted in
`
`Figures 1, 2, and 4, is still capable of producing the virtual environment in
`
`response to the prerecorded control track. Accordingly, it is my opinion that these
`
`components are not necessary for performing the claimed function.
`
`
`
`20
`
`PETITIONERS EX. 1013 Page 20
`
`
`
`37. The ‘129 patent also discloses that the system of Figure 6, which is “a
`
`principally analog device, [] can easily be implemented digitally, in alternative
`
`embodiments of the invention.” Id. at 20:32-34; see also id. at 10:59-61 (“a digital
`
`VR computer itself (e.g., VR system 250 of FIG. 6)”); 15:34-42 (“there are many
`
`forms of signal processing which can be used to derive this control signal … A
`
`variety of digital signal processing techniques and analog signal processing
`
`techniques may be used”); 19:14-18 (“VR system 250 of FIG. 6 can play digitized
`
`music … rather than merely routing digitized music from an external source (e.g.,
`
`digitizer 245 of FIG. 6).”). A skilled artisan would understand that where a
`
`prerecorded control track or control signal is stored or initially provided in digital
`
`form, converters and digitizers are not necessary. As such, it is my opinion that the
`
`tape IF converters and digitizer are not necessary structures for performing the
`
`claimed function.
`
`38. Likewise, a media player does not perform the function of this
`
`limitation. As illustrated in Figure 6, the four-track audio tape player 200 does not
`
`“produce the virtual environment,” rather it outputs “left and right audio signals
`
`200R and 200L, and control track signals 200X and 200Y consisting of data
`
`encoded as audio signals.” Ex. 1001, ‘129 Patent at 13:63-65.
`
`39.
`
`It is my opinion that the only structure necessary for performing the
`
`function of “producing the virtual environment in response to said prerecorded
`
`
`
`21
`
`PETITIONERS EX. 1013 Page 21
`
`
`
`control track” is a general purpose computer. Ex. 1001, ‘129 Patent at 1:48-51 (“A
`
`VR system which embodies the invention can … create, animate, or otherwise
`
`control … virtual environments and virtual objects … in response to prerecorded
`
`‘control tracks’ which correspond to audio signals (such as music).”); 8:41-44
`
`(“The control signals output from the analyze 5 are supplied through interface 6 to
`
`VR processor 7 for controlling generation
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