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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` ____________
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`UBISOFT ENTERTAINMENT SA
`Petitioner
`
`v.
`
`PRINCETON DIGITAL IMAGE CORPORATION,
`Patent Owner
`
`____________
`
`Case No. IPR2014-00635
`Patent No. 5,513,129
` ____________
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`
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`
`
`PETITION FOR INTER PARTES REVIEW
`
`OF U.S. PATENT NO. 5,513,129
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`

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`Table of Contents
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`I.   INTRODUCTION ............................................................................................. 1  
`II.   REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R. §
`42.104 ................................................................................................................. 1  
`A.   GROUNDS FOR STANDING UNDER 37 C.F.R. § 42.104(A) .............................. 1  
`B.   IDENTIFICATION OF CHALLENGE UNDER 37 C.F.R. 42.104(B) AND RELIEF
`REQUESTED ................................................................................................... 1  
`1.   The Grounds For Challenge ................................................................... 1  
`2.   Level of a Person Having Ordinary Skill in the Art ............................... 3  
`3.   Claim Construction Under 37 C.F.R. § 42.104(b)(3) ............................ 3  
`III.  OVERVIEW OF THE ‘129 PATENT .......................................................... 11  
`A.   DESCRIPTION OF THE ALLEGED INVENTION OF THE ‘129 PATENT ................ 11  
`B.   SUMMARY OF THE PROSECUTION HISTORY OF THE ‘129 PATENT ................. 12  
`IV.  THERE IS A REASONABLE LIKELIHOOD THAT CLAIMS 1-23 ARE
`UNPATENTABLE ......................................................................................... 13  
`A.   TSUMURA ANTICIPATES CLAIMS 1, 5-7, 10-15, AND 21 UNDER 35 U.S.C.
`§102(A) ....................................................................................................... 13  
`B.   LYTLE ANTICIPATES CLAIMS 5-7, 9-12, 16-18, AND 22-23 UNDER 35 U.S.C.
`§102(B) ....................................................................................................... 22  
`C.   ADACHI ANTICIPATES CLAIMS 1, 12, 13, 15, AND 21 UNDER 35 U.S.C.
`§102(B) ....................................................................................................... 33  
`D.   WILLIAMS ANTICIPATES CLAIMS 10, 11, 22 AND 23 UNDER 35 U.S.C.
`§102(E) ....................................................................................................... 37  
`E.   TSUMURA IN VIEW OF WILLIAMS RENDERS CLAIMS 16-20 OBVIOUS UNDER
`35 U.S.C. §103(A) ....................................................................................... 42  
`F.   LYTLE IN VIEW OF ADACHI RENDERS CLAIMS 1, 8, 12, 13, 15, AND 21
`OBVIOUS UNDER 35 U.S.C. §103(A) ........................................................... 46  
`G.   THALMANN IN VIEW OF WILLIAMS RENDERS CLAIMS 1-6, 8, 9, 12, 13, 15, 19,
`AND 21 OBVIOUS UNDER 35 U.S.C. §103(A) ............................................... 50  
`V.   MANDATORY NOTICES ............................................................................ 59  
`A.   REAL PARTIES-IN-INTEREST UNDER 37 C.F.R. § 42.8(B)(1) ........................ 59  
`B.   RELATED MATTERS UNDER 37 C.F.R. § 42.8(B)(2) ERROR! BOOKMARK NOT
`DEFINED.  
`C.   LEAD AND BACK-UP COUNSEL UNDER 37 C.F.R. § 42.8(B)(3) & (4) .......... 59  
`
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`1
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`

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`D.   PAYMENT OF FEES UNDER 37 C.F.R. §§ 42.103 AND 42.15(A) ................... 60  
`VI.  CONCLUSION ............................................................................................... 60  
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`2
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`I.
`
`INTRODUCTION
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`Petitioner Ubisoft Entertainment SA (“Petitioner”) requests an Inter Partes Review
`
`(“IPR”) of claims 1-23 (collectively, the “Challenged Claims”) of U.S. Patent No. 5,513,129
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`(“the ‘129 Patent”) issued on April 30, 1996 to Mark Bolas, et al. (“Applicants”). Exhibit
`
`1001, ‘129 Patent.
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`II. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R.
`§ 42.104
`A. Grounds For Standing Under 37 C.F.R. § 42.104(a)
`
`Petitioner certifies that the ‘129 Patent is available for IPR and that Petitioner is not
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`barred or estopped from requesting IPR challenging the claims of the ‘129 Patent.
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`Specifically, Petitioner states: (1) Petitioner is not the owner of the ‘129 Patent; (2)
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`Petitioner has not filed a civil action challenging the validity of any claim of the ‘129 Patent;
`
`(3) this Petition is timely filed less than one year after the Petitioner was served with a
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`complaint alleging infringement of the ‘129 Patent; and (4) this Petition is filed more than
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`nine months after the ‘129 Patent issued and the ‘129 Patent was not the subject of a post-
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`grant review.
`
`B.
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`Identification Of Challenge Under 37 C.F.R. 42.104(b) And Relief
`Requested
`
`In view of the prior art, evidence, and claim charts, claims 1-23 of the ‘129 Patent
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`are unpatentable and should be cancelled. 37 C.F.R. § 42.104(b)(1).
`
`1.
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`The Grounds For Challenge
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`Based on the prior art references identified below, IPR of the Challenged Claims
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`1
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`

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`should be granted. 37 C.F.R. § 42.104(b)(2).
`
`•
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`Claims 1, 5-7, 10-15, and 21 are anticipated under 35 U.S.C. §102(a) by U.S.
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`Patent No. 5,208,413 to Tsumura, et al. (“Tsumura”) [Ex. 1002].
`
`•
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`Claims 5-7, 9-12, 16-18, and 22-23 are anticipated under 35 U.S.C. §102(b) by
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`“Driving Computer Graphics Animation From a Musical Score” by Lytle (“Lytle”) [Ex.
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`1003].
`
`•
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`Claims 1, 12, 13, 15, and 21 are anticipated under 35 U.S.C. §102(b) by U.S.
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`Patent No. 5,048,390 to Adachi, et al. (“Adachi”) [Ex. 1004].
`
`•
`
`Claims 10, 11, 22 and 23 are anticipated under 35 U.S.C. §102(e) by U.S.
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`Patent No. 5,430,835 to Williams, et al. (“Williams”) [Ex. 1005].
`
`•
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`Claims 16-20 are obvious under 35 U.S.C. §103(a) over Tsumura [Ex. 1002]
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`in view of Williams [Ex. 1005].
`
`•
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`Claims 1, 8, 12, 13, 15, and 21 are obvious under 35 U.S.C. §103(a) over
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`Lytle [Ex. 1003] in view of Adachi [Ex. 1004].
`
`•
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`Claims 1-6, 8, 9, 12, 13, 15, 19, and 21 are obvious under 35 U.S.C. §103(a)
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`over “Using Virtual Reality Techniques in the Animation Process” by Thalmann
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`(“Thalmann”) [Ex. 1006] in view of Williams [Ex. 1005].
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`Section V identifies where each element of the Challenged Claims is found in the
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`prior art patents. 37 C.F.R. § 42.104(b)(4). The exhibit numbers of the supporting evidence
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`relied upon to support the challenges are provided above and the relevance of the evidence
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`2
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`

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`to the challenges raised are provided in Section V. 37 C.F.R. § 42.104(b)(5). Exhibits 1001
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`– 1011 are also attached.
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`2.
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`Level of a Person Having Ordinary Skill in the Art
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`A person of ordinary skill in the field of audio-controlled virtual objects in 1993
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`would have a B.S. in electrical engineering, computer engineering, computer science or
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`related engineering discipline and at least two years experience in practical or post-graduate
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`work in the area of computer-generated animations and/or graphics or equivalent
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`experience or education. The person would also have some knowledge of media
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`processing and digital audio programming. Ex. 1007, Pope Decl., at ¶¶19-20.
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`3.
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`Claim Construction Under 37 C.F.R. § 42.104(b)(3)
`
`The ‘129 Patent expired on July 14, 2013 and are therefore not subject to
`
`amendment. For purposes of this Petition, the claims are construed pursuant to Phillips v.
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`AWH Corp., 415 F.3d 1303, 1327 (Fed. Cir. 2005) (words of a claim “are generally given
`
`their ordinary and customary meaning” as understood by a person of ordinary skill in the
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`art in question at the time of the invention).1
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`(a) Non-Means-Plus Function Terms
`
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`1 The claim construction analysis is not, and should not be viewed as, a concession by
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`Petitioners as to the proper scope of any claim term in any litigation. These assumptions
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`are not a waiver of any argument in any litigation that claim terms in the ‘129 Patent are
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`indefinite or otherwise invalid.
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`3
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`

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`i)
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`Virtual Environment (Claims 1, 5-9, and 12-21)
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`The term “virtual environment” should be construed as “a computer-simulated
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`environment which includes a graphic display, and optionally also sounds which simulate
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`environmental sounds.” Ex. 1001, ‘129 Patent at 1:22-28. The ‘129 Patent further
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`describes a virtual environment, in parenthetical terms, as “intended to be immersive” and
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`“from a user’s first person perspective.” Id. Petitioner’s contend such parenthetical
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`statements of “intent” find no place in a proper claim construction analysis. Should Patent
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`Owner contend such parenthetical statements should be incorporated as limitations, those
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`concepts must be understood in the context of the ‘129 patent, where the written
`
`description embraces a virtual reality system that “can be a two-dimensional (2D) or a
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`three-dimensional (3D) display” and may be displayed on “a device which mounts on the
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`head of a human user … or a single flat screen display which outputs either a non-
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`stereoscopic display or a stereoscopic display.” Id. at 1:34-35, 8:7-13. Thus, the ‘129
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`Patent’s use of “virtual environment” encompasses a head-mounted system or a
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`conventional non-stereoscopic, two-dimensional display on a flat screen.
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`Further, such descriptors must be understood in the context of the written
`
`description examples of “virtual environments” created by the disclosed “VR system,”
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`which include: “displaying virtual hands clapping in time to the beat of the music” (id. at
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`11:36-41); “show[ing] images of the performers texture mapped onto dancing characters
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`which dance in time to the music” (id. at 11:56-62); “display[ing] (virtual) stick figure
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`danc[ing] in time” (id. at 12:18-24); and “words [are] displayed at the same time a singer
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`4
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`

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`(represented by a control track corresponding to the music signal) vocalizes the words in
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`the music” (id. at 18:45-53). These are examples of “virtual environments” “intended to be
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`immersive” and from a “user’s first person perspective.” Thus, to the extent such notions
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`of “intent” impact claim scope, they must encompass the embodiments expressly disclosed
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`by the ‘129 Patent.
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`ii)
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`Virtual Reality Computer System (Claims 1, 5-9, and 12-21)
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`For purposes of this Petition only, Petitioner adopts Patent Owner’s construction,
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`as proposed in IPR2014-00155: “a computer system programmed with software, and
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`including peripheral devices, for producing a virtual environment.” Ex. 1008, PO Preliminary
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`Response at 11-13; see also Ex. 1001, ‘129 Patent at 1:22-33.
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`(b) Means-Plus-Function Terms
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`Claims 12-20 and 22-23 include recitations in means-plus-function form. Petitioner
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`proposes the following constructions in accordance with 35 U.S.C. § 112, ¶ 6 (now 35
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`U.S.C. § 112(f)):
`
`i)
`
`means for supplying a first signal selected from a group consisting of
`… (Claim 12)
`
`This limitation is written as a Markush group. As such, the limitation is in alternative
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`form and the stated function is “supplying a first signal” where the first signal is: 1) “a
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`control signal having music and/or control information generated in response to a music
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`signal”; 2) “a prerecorded control track having music and/or control information
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`corresponding to the music signal”; or 3) “a control signal having music and/or control
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`5
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`
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`information generated in response to the prerecorded control track.” Petitioner notes that
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`the second and third elements of the Markush group include recitations that lack
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`antecedent basis (i.e., “the music signal” and “the prerecorded control track”). Because
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`challenges under 35 U.S.C. § 112 are not available in IPR petitions, Petitioner contends that
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`the only structure arguably suggested to perform the function is “Acoustic Etch” unit 3,
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`which includes a general purpose processor (also referred to as an analyzer) and/or a music
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`source. Ex. 1001 at Figs. 1, 2, & 4, 8:38-56, 9:56-10:2. The functions of the “Acoustic
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`Etch” unit may be embodied in a “physically distinct object” (id. at Fig. 1, 7:65-8:2, Fig. 4,
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`9:56-58, 7:11-20), “embodied in the VR processor” (id. at 8:44-51), or “incorporated as part
`
`of another device, e.g., the player of the input music signal or the prerecorded control
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`tracks or the VR system” (id. at 11:62-65). The music source may be, for example, a tape
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`player (id. at 10:56-57, Fig. 6 (item 200)), CD player (id. at 8:65, 11:65-12:2), microphone (id.
`
`at 17:11), or any form of an audio source (id. at 20:26-28). Petitioner notes that the
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`specification does not make any meaningful difference between the alternatively claimed
`
`elements of the three Markush Group members, but applies the following constructions
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`for purposes of this Petition.
`
`Where the “first signal” is “a control signal having [] control information generated
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`in response to a music signal,” the Acoustic Etch processor is programmed with software
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`for implementing algorithms such as “those related to simple filtering and analysis” or “of
`
`the same type used by well known graphic equalizers” to process a music signal to produce
`
`control information and pass it on to a VR computer. Id. at 5:1-7, 11:28-39, 4:29-33, Fig. 4.
`
`6
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`

`

`
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`Where the “first signal” is “a prerecorded control track having [] control
`
`information corresponding to the music signal,” the processor is programmed with
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`software to “implement the extraction of the control information from a control track.” Id.
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`at 11:1-4; also 8:55-57, Figs. 1, 2, and 4. For example, the processor may convert digital data
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`into a serial data stream such as RS232 or MIDI data stream. Id. at 16:62-65, Fig. 6 (item
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`240), 13:65-14:9, 13:21-23.
`
`ii) means for receiving the first signal and influencing action within a
`virtual environment (Claim 12)
`
`The stated function is “receiving the first signal and influencing action within a
`
`virtual environment.” The disclosed structure for performing the function is a general
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`purpose computer (i.e., VR Processor 7 and VR System 250). Ex. 1001 at Figs. 1, 2, 6, Fig.
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`16, 7:67-8:7, 8:18-21, 13:60-14:25, 17:13-26, 17:37-49.
`
`Where the “first signal” is “a control signal having [] control information generated
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`in response to a music signal,” the ‘129 Patent provides minimal disclosure regarding the
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`specific algorithm for “influencing action within a virtual environment.” At a minimum,
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`the processor is programmed with software to “populat[e] the virtual environment with
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`animated virtual objects which move in response to the music.” Id. at 4:29-33; see also id. at
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`11:36-43 (“[T]he beat of the music is passed on to the VR system which can then perform
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`operations such as displaying virtual hands clapping in time to the beat of the music. . . . As
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`the music rises and falls in overall level, the VR processor could create and destroy virtual
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`objects.”), 12:17-24, 7:67-8:7, 6:12-23.
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`7
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`

`

`
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`Where the first signal is “a prerecorded control track having [] control information
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`corresponding to the music signal,” the processor is programmed to 1) read control track
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`data; 2) read any digitized music information which corresponds to the control track data
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`and/or the output of any input devices that are connected to the VR system such as
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`instrument gloves, six-degree-of-freedom trackers, custom human input devices, mice, and
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`the like; and 3) create, destroy, move or modify the virtual environment or virtual objects
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`therein as described at 18:3-14. Id. at 17:13-18:56, Fig. 16.
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`Where the first signal is “a control signal having music” alone or a prerecorded
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`control track having music” alone, there is no structure disclosed in the ‘129 Patent to
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`perform the function of “influencing action within a virtual environment.” Since challenges
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`under 35 U.S.C. § 112 are not available in IPR petitions, Petitioner demonstrates that the
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`claimed function is unpatentable below.
`
`iii) 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)
`
`The stated function is “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.” As written, it is unclear to which antecedent “music signal” the
`
`claim 13 “said music signal” refers. In particular, because claim 12, from which claim 13
`
`directly depends, is written in Markush form, if the “first signal” is “a control signal having
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`music and/or control information generated in response to the prerecorded control track,”
`
`the limitation of claim 15 lacks antecedent basis. Since challenges under 35 U.S.C. § 112 are
`
`8
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`

`

`
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`not available in IPR petitions, Petitioner identifies the disclosed structure for performing
`
`the function as an A-to-D converter (if necessary) and a processor of the Acoustic Etch
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`unit depicted in Figure 4, where the processor is programmed with software for
`
`implementing algorithms such as “those related to simple filtering and analysis” or “of the
`
`same type used by well known graphic equalizers” to process a music signal to produce
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`control information. Id. at 5:1-7, 11:28-39, Fig. 4.
`
`iv) music playing means for supplying said music signal (Claim 15)
`
`The stated function is “supplying said music signal.” As discussed above, it is
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`unclear to which antecedent “music signal” the claim 15 “said music signal” refers. Since
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`challenges under 35 U.S.C. § 112 are not available in IPR petitions, Petitioner identifies the
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`disclosed structure for performing the function as a music source. Id. at Figs. 1 and 2 (item
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`1). Music source may be a tape player (id. at 10:56-57, Fig. 6), CD player (id. at 8:65, 11:65-
`
`12:2), microphone (id. at 17:11), or any form of an audio source (id. at 20:26-28).
`
`v) means for prerecording a control track having music and/or control
`information corresponding to a music signal (Claim 16)
`
`means for prerecording a control track having audio and/or control
`information corresponding to an audio signal (Claim 22)
`
`The stated function is prerecording a control track having music/audio and/or
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`control information corresponding to a music/audio signal. The disclosed structure for
`
`performing the function is illustrated in Figure 5 and described at 13:11-59 and 15:17-
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`16:41. In the preferred embodiment, a control track is prerecorded onto an audio magnetic
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`tape. Id. at 13:45-49. However, the control track can be recorded on a video game cartridge
`
`9
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`

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`
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`(id. at 8:62-65), CD (id. at 11:65-12:2, 20:10-13), Digital Audio Tape (id. at 20:10-13), or
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`other format (id. at 20:13-25). The ‘129 Patent discloses prerecording control tracks in
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`“either (or both) of two ways”: 1) by automatically deriving control signals from an original
`
`recording, and 2) by allowing a human operator to create control signals via input switches
`
`and/or a computer data storage device. Id. at 15:17-24, 16:8-29.
`
`vi) means for producing the virtual environment in response to said
`prerecorded control track (Claim16)
`
`The stated function is “producing the virtual environment in response to said
`
`prerecorded control track.” The disclosed structure for performing the function is a general
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`purpose computer (i.e., VR Processor 7 and VR System 250) programmed to 1) read
`
`control track data; and 2) create, destroy, move or modify the virtual environment or
`
`virtual objects therein based upon control track information, such as described at 18:15-56.
`
`See also id. at Figs. 1, 2, & 6, 8:44-51, 13:60-14:25, 17:13-49.
`
`vii) means for producing a graphic display of the virtual environment on
`the display device (claim 17)
`
`The stated function is “producing a graphic display of the virtual environment on
`
`the display device.” The disclosed structure is a general purpose computer programmed to
`
`create, destroy, move or modify the virtual environment or virtual objects therein based
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`upon control track information, such as described at 18:15-56.
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`viii) means for supplying the music signal to the means for producing the
`virtual environment (claim 18)
`
`means for supplying the audio signal to the processor (claim 23)
`
`10
`
`

`

`
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`The stated function is supplying the audio/music signal to the processor/means for
`
`producing the virtual environment. The disclosed structure is a four-track tape 180T and
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`four track tape playing unit 200 (or a digital recording medium and corresponding playing
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`unit, or live microphone) and multichannel audio digitizer 245 (if receiving analog signals).
`
`Id. at Fig. 6, 16:56-58, 17:7-12, 20:10-25.
`
`ix) means for producing said virtual environment in response to both
`said music signal and said prerecorded control track (claim 18)
`
`The stated function is “producing said virtual environment in response to both said
`
`music signal and said prerecorded control track.” The disclosed structure for performing
`
`the function is a general purpose computer programmed to control, create, and/or
`
`manipulate the virtual environment or virtual objects therein in a manner choreographed
`
`with the original music signal. Id. at 17:42-49, 18:10-15. In one example, the VR program
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`reads control track information and loads corresponding objects and displays the objects at
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`fixed X and Y locations in synchronization with the music signal (i.e., lyrics and other song
`
`dependent data displayed at the same time a singer vocalizes the words in the music). Id. at
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`18:38-53; see also id. at 18:57-19:11.
`
`III. OVERVIEW OF THE ‘129 PATENT
`A. Description of the Alleged Invention of the ‘129 Patent
`
`The ‘129 Patent describes controlling a computer system in response to music
`
`signals or in response to prerecorded control tracks corresponding audio signals. Ex. 1001,
`
`‘129 Patent at 1:8-11. The ‘129 Patent discloses deriving control signals from music by, for
`
`11
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`

`

`
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`example, employing “simple” algorithms (i.e., spectral analysis) to extract a rhythm or beat
`
`signal indicative from the level of a particular frequency band. Id. at 11:28-39. The ‘129
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`Patent discloses prerecording control tracks in “either (or both) of two ways”: 1) by
`
`automatically deriving control signals from an original recording, and 2) by allowing a
`
`human operator to create control signals via input switches and/or a computer data
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`storage device. Id. at 15:17-24, 16:8-29. Examples of the virtual environments created by
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`the disclosed virtual reality computer system include: “displaying virtual hands clapping in
`
`time to the beat of the music” (id. at 11:36-41); “show[ing] images of the performers
`
`texture mapped onto dancing characters which dance in time to the music” (id. at 11:56-
`
`62); “display[ing] (virtual) stick figure danc[ing] in time” (id. at 12:18-24); and “words [are]
`
`displayed at the same time a singer (represented by a control track corresponding to the
`
`music signal) vocalizes the words in the music” (id. at 18:45-53).
`
`B.
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`Summary of the Prosecution History of the ‘129 Patent
`
`The ‘129 Patent was filed as U.S. Ser. No. 08/091,650 (“the ‘650 Application”) on
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`July 14, 1993 with 23 initial claims. Ex. 1009, ‘129 File History at As-Filed Application. On
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`June 29, 1994 the Examiner rejected all claims under 35 U.S.C. § 103 as being unpatentable
`
`over Applicants’ admission of the invention and the prior art. Id. at June 29, 1994 Office
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`Action, p. 2. The Examiner identified the difference from the prior art to be that the “prior
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`art is object driven and the claimed invention is music driven.” Id., p. 3. The Examiner
`
`rejected the claims on the basis that the reversal of a known process is not patentable. Id.,
`
`pp. 3-4.
`
`12
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`
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`In response, Applicants argued that the prerecorded control track of claims 5-11
`
`and 16-20 was not taught in the prior art. Id. at Oct. 31, 1994 Office Action Response, pp.
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`1-2. With respect to the remaining claims, Applicant argued the reversal of the prior art
`
`methods would not result in the claimed invention. Id., pp. 3-4.
`
`On February 24, 1995, the examiner rejected all claims under 35 U.S.C. § 103, as
`
`being unpatentable over Applicants’ admission in view of U.S. Patent No. 3,609,019 to
`
`Tuber. Following an interview between the Examiner and inventor Mark Bolas on
`
`November 15, 1995, Applicants amended each of the independent claims to require the
`
`claimed control signal or control track to have “music and/or control information” or
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`“audio and/or control information.” Id. at November 16, 1995 Office Action Response,
`
`pp. 1-3. A Notice of Allowance issued on November 28, 1995. The patent issued on April
`
`30, 1996. The ‘129 Patent expired on July 14, 2013.
`
`IV. THERE IS A REASONABLE LIKELIHOOD THAT CLAIMS 1-23 ARE
`UNPATENTABLE
`
`Musically controlled virtual objects were prevalent before July 14, 1993. The
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`following prior art references disclose each limitation of the Challenged Claims. As such,
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`the Challenged Claims are unpatentable. Included in the claim charts below are exemplary
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`citations to the prior art references.
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`A.
`
`Tsumura Anticipates Claims 1, 5-7, 10-15, and 21 Under 35 U.S.C.
`§102(a)
`
`The ‘129 Patent expressly discloses a karaoke VR program where the “virtual
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`environment” includes the display of song lyric word data (i.e., virtual objects) at the same
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`time a singer vocalizes the words in the music. Ex. 1001 at 18:41-56, 16:20-21. Tsumura
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`was not cited or considered during original prosecution and discloses a karaoke device for
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`displaying lyrics and vocal features during the production of music for vocal
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`accompaniment. Ex. 1002, Tsumura at 1:6-8, 1:27-47. Tsumura discloses processing a user’s
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`vocal performance of a song to detect the user’s vocal pitch using frequency analysis and to
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`generate a signal indicative of the basic frequency (i.e., control signals). Id. at 12:35-49, 8:30-
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`61. An image generator means synchronizes and compares stored pitch data with the
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`detected frequency to generate control messages displayed to the user (e.g., "lower your
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`pitched", "as you are" or "raise your pitch"). Id. at 12:7-13:35.
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`The ‘129 Patent also discloses a number of techniques for compensating for system
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`delays. Ex. 1001 at 9:11-10:65. One such technique involves defining a pre-selected delay
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`between music and control tracks at the time of prerecording where the “control track is,
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`in effect, phase shifted in advance.” Id. at 10:20-29. Similarly, Tsumura discloses storing
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`(i.e., prerecording) vocal data relating to the vocal features of the music (i.e., pitch and
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`strength data) exactly one data block in advance of the corresponding music data blocks.
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`Ex. 1002, Tsumura at 2:42-52, Fig. 3. Tsumura also discloses storing screen display
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`indicators and current lyric position indicators at a specific time interval t in advance of
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`each corresponding real position in the music. Id. at 2:53-65, Fig. 3. As such, the stored
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`music is phase shifted in advance by a time interval t. Compare Ex. 1002, Tsumura at Fig. 3
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`with Ex. 1001, ‘129 Patent at Fig. 3.
`
`Claim 1
`
`Anticipated By Tsumura (Ex. 1002)
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`1. A method
`for controlling
`production of
`a
`virtual
`environment
`by a virtual
`reality
`computer
`system,
`including the
`steps of:
`
`Tsumura discloses production of a computer-simulated karaoke
`environment by a computer system programmed with software, and
`including peripheral devices such as a microphone (i.e., virtual reality
`computer system). Namely, Tsumura discloses a computer system that
`extracts and displays lyric data at the same time a singer vocalizes the
`words. Tsumura further discloses an interactive karaoke system where the
`user’s vocal pitch or strength is compared to stored vocal data and the
`results of the comparison are displayed to the user (e.g., "lower your
`pitched," "as you are" or "raise your pitch"), indicating that the system is
`interactive and intended to be immersive consistent with the descriptions
`in the ‘129 Patent.
`“The invention also enables the detection of the strength and basic
`frequency of an actual vocal presentation which can then be compared
`with the vocal data and the results of the comparison displayed on the
`visual display medium. The user is in this way able to gauge the
`perfection of his own vocal rendition in terms of, for example, its
`strength and pitch. Appropriate
`indications are also output
`in
`accordance with the results of the comparison made between the vocal
`data and the strength and basic frequency of the actual rendition.” Ex.
`1002, Tsumura at 1:48-58; see also id. at Abstract.
`“In said comparator 641, the pitch data and the basic frequency at the
`current lyric position are synchronized in accordance with the current
`lyric position indicator as described above and then compared. It is then
`determined whether or not the basic frequency is either "over pitched",
`in which case the basic frequency stands at a higher pitch than that
`prescribed by the pitch data, or is at the "correct pitch", in which case
`the basic frequency lies within the tolerance limits prescribed by the
`pitch data or is "under pitched", in which case the basic frequency
`stands at a lower pitch than that prescribed by the pitch data. . . . The
`message selector 642 selects an appropriate message in accordance with
`whether the basic frequency is found to be either "over pitched", at the
`"correct pitch" or "under pitched" and the display device 643 then
`outputs an appropriate display signal in accordance with the message
`received. On receipt of the display signal, the visual display medium 650
`displays the appropriate message on screen. The message which
`corresponds to "over pitched" is "lower your pitch", the message which
`corresponds to a "correct pitch" is "as you are" and the message which
`corresponds to "under pitched" is "raise your pitch".” Id. at 12:53-13:10;
`see also id. at 10:52-11:23.
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`(a) processing
`music signals
`to
`generate
`control signals
`having music
`and/or
`control
`information;
`and
`
`
`Tsumura discloses processing a user’s vocal performance of a song to
`detect the user’s vocal pitch using frequency analysis and to generate a
`signal indicative of the basic frequency (i.e., control signals).
`“There follows a description of the identification of the basic frequency
`of an actual vocal presentation. 681 in FIG. 15 is a microphone which is
`used to collect the sound of the user's vocals and to which are
`connected in sequence a microphone amplifier 682 and a frequency
`analyzer 683. A voice signal received from the microphone 681 is first
`amplified by the microphone amplifier 682 and then input to the
`frequency analyzer 683 where the basic frequency is identified. At the
`same time, the signal representing the frequency of the current lyric
`position indicator following division by the divider 628 is also input to
`the frequency analyzer 683. The signal output by said frequency analyzer
`683 is then input to the aforementioned comparator 641 as the basic
`frequency.” Id. at 12:35-49.
`“There now follows a description of the configuration of the above
`mentioned frequency analyzer 484 by reference to FIG. 11. The
`frequency analyzer 484 comprises a number of matched filters. 484a in
`FIG. 11 represents a number N of band pass filters numbered from 1 to
`N respectively and connected in parallel with the microphone amplifier
`482. Each of the frequency bands obtained by dividing the vocal sound
`band into N number of smaller bands is allocated as a pass band to one
`of said filters. A wave detector 484b and an integrator 484c are
`connected in sequence to each band pass filter 484a. The wave detector
`484b detects the signals passing each of the band pass filters 484a and
`eliminates the high frequency component, after which the signal is
`integrated by the integrator 484c. The output of each of the integrators
`484c is then input to the comparator detector circuit 484e. At the same
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`(b) operating
`the
`virtual
`reality
`computer
`in
`system
`to
`response
`the
`control
`signals
`to
`generate said
`virtual
`environment.
`
`time, the output of the aforementioned divider 483 is input both to said
`integrators 484c, after being subjected to delay processing by the delay
`circuit 484d, and also, without further processing, to the comparator
`detector circuit 484e. In other words, the comparator detector circuit
`484e first compares the values output by each of the integrators 484c
`and then, having iden