`2010/0298053 ("Kotkin ")
`1[P]. A device for enhancing operation of a game
`controller including at least one actuable element,
`the device comprising:
`
`Support U.S. Provisional Application No. 61/179,551 ("'551 Provisional ")
`
`The '551 Provisional discloses a device for enhancing the operation of a game controller including at least one actuable element.
`
` "A device for enhancing operation of a game controller, comprising at least one actuator cooperating with a game controller. . ."
`'551 Provisional at [0003] (emphasis added); see also id. at [0004].
`
`"The invention relates to a device for enhancing operation of a game controller and a method of using the same which allow the user
`of the device to manually control features of a game beyond those which are assigned to the usual buttons or keys without moving
`the user's hand from the usual position." Id. at [0001].
`
`"A motor A moves a lever B and pushes a button when the controller is tilted up or down." Id. at [0030]; see also id. at [0032].
`
`Id. at FIGs. A and L (illustrating two embodiments placed over an Xbox 360 Controller); see also id . at FIGs. 1-3, 5-12, B-K, and
`M-O (also showing the device placed on a controller).
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`1[a]. a skin configured to overlay at least a portion
`of the game controller;
`
`The '551 Provisional teaches a skin configured to overlay at least a portion of the game controller.
`
`"[A] so-called skin is placed onto part or all of the controller. . ." Id. at [0005]. (emphasis added); see also id. at [0029]; [0031] ("A
`completely removable rubber or plastic skin B is placed over the controller.").
`
`Id. at FIGs. A and L (illustrating the device over a portion and over the entirety of the controller); see also id . at FIGs. 1-3, 5-12, B-
`K, and M-O (also illustrating the device placed on a controller).
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`1[b]. at least one actuator supported by said skin
`with a first end disposed over the at least one
`actuable element and a second end distal from
`said first end; and
`
`The '551 Provisional teaches actuators (i.e., levers C and D) supported by the device with an end over 2 buttons of the controller.
`
`Id. at FIGs. 1 and 7; see also FIGs. A-E, I, K, M-O (depicting two actuators over the buttons of the Xbox Controller). Id.
`
`Id. at FIGs. A and L (illustrating the device over a portion and over the entirety of the controller) (annotatedd).
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`1[c]. said at least one actuator arranged on the
`skin such that actuation of said second end in a
`first direction causes said first end to engage and
`actuate the at least one actuable element.
`
`The '551 Provisional discloses actuators arranged on the skin such that actuation of said second end in a frist direction cuases said
`first end to engage and actuate the at least one actuable element.
`
`"[T]he tip or side of a finger . . . is used to actuate the game controller." Id. at [0005] (emphasis added); see also id . at [0009]
`(levers are provided so that the controller can be actuated without using thumbs).
`
`"The tip of the index finger is positioned under a lever C of the skin. The side of the index finger is under lever D, so that the Levers
`C and D can be actuated without using or moving the thumbs." Id. at [0025]; see also id . [0031].
`
`
`
`Id. at FIG. 9 (illustrating how an index finger can actuate the device); see also id . at FIGs. 1 and 7 (illustrating how the index finger
`can lift up on the lever so that the corresponding button is pressed.
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`2. The device of claim 1, wherein said second end
`is connected to a motorized actuator for actuating
`the controller in response to stimuli on the
`controller.
`
`The '551 Provisional teaches that the second end is connected to a motorized actuator for actuating the controller in response to
`stimuli on the controller.
`
`"Fig. 6 shows an electronic push device or trigger for use with the PlayStation 3 game controller or future game controllers. A motor
`A moves a lever B and pushes a button when the controller is tilted up or down." Id. at [0030] (emphasis added); see also id. at
`[0011] ("In accordance with yet an added feature of the invention, an electronic device is provided and connected to batteries stored
`in the game controller."); [0021]; [0027]; [0032].
`
`Id . at FIGs. 6 and 12 (illustrating the electronic trigger device for the PS3 and Xbox 360 Controllers respectively).
`
`3. The device of claim 2, wherein the stimuli is
`provided by a motion sensor provided with said
`skin.
`
`The '551 Provisional teaches that the stimuli is provided by a motion sensor provided with said skin.
`
`"A sensor C is provided for sensing the tilt." Id. at [0030 ] (emphasis added); see also id. at [0032].
`
`Id. at FIG. 8.
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`4. The device of claim 1, wherein said second end
`is a free end overhanging at least one of a
`circumferential edge of said skin or a
`circumferential edge of the game controller, said
`free end being actuable by a part of a user's hand
`other than a thumb of the user when the game
`controller is held by the user.
`
`The '551 Provisional teaches that the second end is a free end overhanging at least one of a circumferential edige of said skin or a
`circumferential edge of the game controller, the free end being actuable by part of a user's hand other than a thumb of the user when
`the game controller is held by the user.
`
`"The tip of the index finger is positioned under a lever C of the skin. The side of the index finger is under lever D, so that the Levers
`C and D can be actuated without using or moving the thumbs." Id. at [0025] (emphasis added); see also id . at [0031].
`
`"[T]he tip or side of a finger, preferably the index fingers, is used to actuate the game controller." Id. at [0006].
`
`Id. at FIG 9 (illustrating how the index finger can lift up on the lever so that the corresponding button is pressed); see also id. at
`FIGs. 1 and 7.
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`5. The device of claim 1, including at least one
`thumb control disposed on the face of the game
`controller for actuation by a thumb of the user, the
`second end being arranged to be actuable by a part
`of the user's same hand other than the thumb
`while the thumb is simultaneously engaged with
`the at least one thumb control.
`
`The '551 Provisional teaches at least one thumb control disposed on the face of the game controller for actuation by a thumb of the
`user, the second end being arranged to be actuable by a part of the user's same hand other than the thumb while the thumb is
`simultaneously engaged with the at least one thumb controle.
`
`"The tip of the index finger is positioned under a lever C of the skin. The side of the index finger is under lever D, so that the Levers
`C and D can be actuated without using or moving the thumbs." Id. at [0025] (emphasis added); see also id. at [0031].
`
`
`
`Figure 9 specifically illustrates and states "Thumbs no longer have to leave analog sticks" while the index finger can control the
`levers over the buttons on the right. Id. at FIG 9.
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`6. The device of claim 1, wherein the at least one
`actuable element is located on the top face of the
`game controller.
`
`The '551 Provisinoal discloses that at least one actuable element is located on the top face of the game controller.
`
`"A motor A moves a lever B and pushes a button when the controller is tilted up or down." Id. at [0030].
`
`"Fig. 9 illustrates that thumbs no longer need to leave the analog keys or buttons, since a finger assumes the operation previously
`required of the thumb." Id. at [0031].
`
`"[A]dded functions such as walking, running, jumping, switching weapons, shooting and zooming, can be controlled while keeping
`the thumbs in place. . . ." Id. at [0004].
`
`7. The device of claim 1, wherein the at least one
`actuable element is located on an end face of the
`game controller.
`
`Id. at FIG. K; see also id . at FIGs. 1, 7, A-J, and M-O (illustrating an actuable element on the "top face" of the controller).
`
`The '551 Provisional discloses at least one actuable element located on an end face of the game controller.
`
`"A line G pulls the trigger so as to be highly adjustable, such as for a zoom, which can thus be activated without using the left index
`finger. A mere change of the user's grip will slightly pull the line controlling the trigger to operate the left trigger." Id . at [0029]
`(emphasis added).
`
`Id. at FIG. 11 (illustrating the actuable element on the "end face") (emphasis added); see also id . at FIGs. 10, C-D, F-I, and L-O
`(illustrating each how each actuable element on the "end face" interacts with the left and right triggers).
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`8. The device of claim 7, wherein the at least one
`actuator is actuated by squeezing at least a portion
`of the skin.
`
`The '551 Provisional discloses at least one actuator actuated by squeezing at least a portion of the skin.
`
`"A line G pulls the trigger so as to be highly adjustable, such as for a zoom, which can thus be activated without using the left index
`finger. A mere change of the user's grip will slightly pull the line controlling the trigger to operate the left trigger." Id. at [0029]
`(emphasis added); see also id. at [0007]; [0010].
`
`9. The device of claim 1, wherein the at least one
`actuator is customizable by plastically deforming
`the actuator to fit the hand of a particular user.
`
`Id. at FIG. 11 (illustrating the actuable element that is actuated by squeezing) (emphasis added); see also id . at 1- 2, 8, 10, C-D,
`and F-I.
`The '551 Provisional discloses at least one actuator customizable by plastically deforming the actuator to fit the hand of a particular
`user.
`
`"[T]he at least one actuator or lever is customizable by plastically deforming the actuator to fit the hand of a particular user." Id. at
`[0008] (emphasis added); see also id. at [0029]; see also id . at [0031].
`
`10. The device of claim 1, wherein the at least one
`actuator includes a lever pivotally supported on
`said skin by a hinge.
`
`The '551 Provisional discloses that at least one actuator includes a lever ppivotally supported on said skin by a hinge.
`
`"[L]evers, preferable with hinges, are provided for actuation by parts of the hand other than the thumb." Id. at [0009] (emphasis
`added); see also id. at [0031].
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`11. The device of claim 1, including a plurality of
`actuators supported by said skin, each of said
`plurality of actuators having a first end disposed
`over one of a plurality of actuable elements of the
`game controller and a second end distal from said
`first end.
`
`The '551 Provisional discloses a plurality of actuators (i.e., levers C and D) supported by said skin, each of said plurality of actuators
`having a first end disposed over one of a plurality of actuable elements of the game controller and a second end distal from said first
`end.
`
`"The tip of the index finger is positioned under a lever C of the skin. The side of the index finger is under a lever D, so that the
`levers C and D can be actuated without moving the thumbs." Id. at [0029]; see also id. at [0004]; [0031].
`
`Id. at FIG. K; see also id . at FIGs. 1-2, 8, 10-11, A-J, and M-O.
`
`12. The device of claim 1, wherein each said
`second end is a free end overhanging at least one
`of the circumferential edge of said skin or the
`circumferential edge of the game controller, said
`free end being actuable by a part of a user's hand
`other than a thumb of the user when the game
`controller is held by the user.
`
`The '551 Provisional discloses each said second end is a free end overhanging at least one of the circumferential edge of said skin or
`the circumferential edge of the game controller, said free end being actuable by a part of a user's hand other than a thumb of the user
`when the game controller is held by the user.
`
`"The tip of the index finger is positioned under a lever C of the skin. The side of the index finger is under lever D, so that the Levers
`C and D can be actuated without using or moving the thumbs." Id. at [0025]; see also id. at [0031].
`
`
`
`Id. at FIG. 9 (outlining an index finger underneath two actuable elements); see also id . at FIGs. 1 and 7 (illustrating how the index
`finger can lift up on the lever so that the corresponding button is pressed).
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`13[P]. An accessory for enhancing operation of a
`game controller including at least one actuable
`element, the accessory comprising:
`
`The '551 Provisional discloses an accessory for enhancing operation of a game controller including at least one actuable element.
`
`"A device for enhancing operation of a game controller, comprising at least one actuator cooperating with a game controller. . ." Id.
`at [0003] (emphasis added).
`
`Id . at FIG A; see also id . at FIGs. 1-3, 5-12, and B-O (depicting the accessory placed on a controller).
`
`13[a]. a skin configured to overlay at least a
`portion of the game controller, the skin including
`a top housing and a housing bottom, said top
`housing engaging said bottom housing to maintain
`the game controller there between;
`
`The '551 Provisional discloses a skin configured to overlay at least a portion of the game controller, the skin including a top housing
`and a housing bottom, said top housing engaging said bottom housing to maintain the game controllere there between.
`
`"[A] so-called skin is placed onto part or all of the controller. . ." Id. at [0005] (emphasis added); see also id. at [0029]; [0031] ("A
`completely removable rubber or plastic skin B is placed over the controller.").
`
`Id . at FIGs. M-O (illustrating the entirety of the controller encased); see also id . at FIG. M.
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`13[b]. at least one actuator mounted to said skin
`proximal to the at least one actuable element;
`
`The '551 Provisional teaches at least one actuator mounted to said skin proximal to the at least one actuable element.
`
`"[T]here is provided, in accordance with the invention, a device for enhancing operation of a game controller. . ." Id. at [0004]
`(emphasis added).
`
`Id . at FIG. M (illustrating the actuator proximal to the buttons of the Xbox Controller) (annotated).
`
`13[c]. said at least one actuator configured such
`that actuation of a first part of the actuator causes
`a second part of the actuator to engage and actuate
`the at least one actuable element.
`
`The '551 Provisional teaches at least one actuator configured such that actuation of a first part of the actuator causes a second part of
`the actuator to engage and actuate the at least one actuable element.
`
`"The invention relates to a device for enhancing operation of a game controller and a method of using the same which allow the user
`of the device to manually control features of a game beyond those which are assigned to the usual buttons or keys without moving
`the user's hand from the usual position." Id. at [0001].
`
`14. The accessory of claim 13 wherein at least
`said top housing is formed of a substantially rigid
`molded plastic.
`
`Id. at FIG M (illustrating levers that, when engaged, press the buttons of the controller).
`
`The '551 Provisional teaches that said top housing is formed or a substantially rigid molded plastic.
`
`"A completely removable rubber or plastic skin B is placed over the controller." Id. at [0031] (emphasis added); see also id . at
`[0029].
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`15. The accessory of claim 13, wherein the top
`housing including a plurality of openings there
`through for providing access to at least one
`actuable element located on a top face of the game
`controller when the top housing overlays the top
`face of the game controller.
`
`The '551 Provisional teaches that the top housing including a plurality of openings there through for providing access to at least one
`actuable element located on a top face of the game controller when the top housing overlays the top face of the game controller.
`
`
`
`Id. at FIG. M; see also id . at FIGs. A-E, I, K-L, and N-O (illustrating a top housing with a plurality of openings on the top of the
`housing overlaid onto the top of a controller).
`
`16. The accessory of claim 13, wherein the
`actuator is located proximal to, and actuates, an
`actuable element located on an end face of the
`game controller.
`
`The '551 Provisional teaches that the actuator is located proximal to, and actuates, an actuable element located on an end face of the
`game controller.
`
`"The invention relates to a device for enhancing operation of a game controller and a method of using the same which allow the user
`of the device to manually control features of a game beyond those which are assigned to the usual buttons or keys without moving
`the user's hand from the usual position." Id. at [0001]
`
`"[A]t least one actuator cooperating with a game controller for adding functions to be controlled with parts of the hand other than the
`thumbs. . . ." Id. at [0004].
`
`Id. at FIG. M (illustrating the accessory of claim 13 and an actuator that engages with the buttons of the controller).
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`17. The accessory of claim 16, wherein the
`actuator is actuated by pressing a portion of the
`housing bottom towards the top housing.
`
`The '551 Provisional teaches that the actuator is actuated by pressing a portion of the housing bottom towards the top housing.
`
`18. The accessory of claim 13, wherein said at
`least one actuator is mounted to the skin by a
`hinge, wherein said actuator is pivotable relative
`to said hinge.
`
`Id . at FIG. L (illustrating bands, which form a part of the bottom housing and are actuated when pressed toward the top housing)
`(emphasis added).
`
`The '551 Provisional discloses that at least one actuator is mounted to the skin by a hinge, wherein said actuator is pivotable relative
`to said hinge.
`
`"[L]evers, preferably with hinges, are provided for actuation by parts of the hand other than the thumb." Id. at [0009] (emphasis
`added).
`
`"The side of the index finger operates a lever D having hinges F2 and being plastically deformable, as described above." Id . at
`[0031] (emphasis added).
`
`19. The accessory of claim 13, wherein said
`actuator is a motorized actuator.
`
`The '551 Provisional teaches that said actuator is a motorized actuator.
`
`"Fig. 6 shows an electronic push device or trigger for use with the PlayStation 3 game controller or future game controllers. A motor
`A moves a lever B and pushes a button when the controller is tilted up or down." Id. at [0030] (emphasis added); see also id. at
`[0011]; [0032].
`
`Id. at FIG. 12 (illustrating the electronic trigger device for the PS3 Controller); see also id . at FIG. 6 (illustrating the electronic
`trigger device for the Xbox 360 Controller).
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`20. A method for using an accessory for
`enhancing operation of a game controller
`including at least one actuable element, the
`method comprising:
`
`The '551 Provisional discloses a method for using an accessory for enhancing the operation of a game controller including at least
`one actuable element.
`
`"With the objects of the invention in view, there is concomitantly provided a method for using a game controller, which comprises
`moving an actuator with parts of the hand other than the thumbs while using the thumbs for other functions." Id. at [0012] (emphasis
`added).
`
`"[A] method . . . to manually control features of a game beyond those which are assigned to the usual buttons or keys without
`moving the user's hand from the usual position." Id. at [0001] (emphasis added).
`
`20[a]. providing an accessory according to claim
`13;
`
`The '551 Provisional discloses providing an accessory.
`
`"[T]here is provided, in accordance with the invention, a device for enhancing operation of a game controller. . ." Id. at [0004]
`(emphasis added).
`
`The '551 Provisional teaches enclosing the game controller within the skin of the accessory such that the outer housing of the top
`face of the controller underlies the top housing of the skin and the actuator is disposed proximal to the at least one actuable element.
`
`20[b]. enclosing the game controller within the
`skin of the accessory such that the outer housing
`of the top face of the controller underlies the top
`housing of the skin and the actuator is disposed
`proximal to the at least one actuable element; and
`
`Id . at FIG. K (illustrating the top face of the game controller encased by the skin with an actuator near at least one button on the
`controller); see also id . at FIGs. 1-3, 5-9, 12, A-E, I.
`
`20[c]. actuating the at least one actuable element
`with the actuator.
`
`The '551 Provisional discloses actuating the at least one actuable element with the actuator.
`
`"[T]here is concomitantly provided a method for using a game controller, which comprises moving an actuator. . ." Id. at [0012]
`(emphasis added).
`
`"[A] method . . . to manually control features of a game beyond those which are assigned to the usual buttons or keys without
`moving the user's hand from the usual position." Id. at [0001] (emphasis added).
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