`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`Google LLC
`
`Petitioner
`
`v.
`
`Cywee Group Ltd.
`
`(record) Patent Owner
`
`Patent No. 8,552,978
`
`DECLARATION OF PROF. MAJID SARRAFZADEH
`
`1
`
`Google 1002
`
`
`
`
`
`
`TABLE OF CONTENTS
`ENGAGEMENT AND COMPENSATION ................................................. 4
`I.
`QUALIFICATIONS ..................................................................................... 4
`II.
`SUMMARY OF OPINIONS ........................................................................ 6
`III.
`IV. MATERIALS REVIEWED .......................................................................... 6
`V.
`UNDERSTANDING OF THE RELEVANT LAW ..................................... 6
`A. Anticipation ................................................................................................. 6
`B. Obviousness ................................................................................................. 7
`VI.
`LEVEL OF ORDINARY SKILL IN THE ART ........................................ 10
`VII.
`RELEVANT TIMEFRAME FOR DETERMINING OBVIOUSNESS .... 10
`VIII. TECHNICAL INTRODUCTION ............................................................... 11
`IX.
`CLAIM INTERPRETATION ..................................................................... 16
`A. Claim 10—“spatial reference frame” and “spatial reference frame
`associated with the 3D pointing device” ................................................... 17
`B. Claim 10—“rotation output” ..................................................................... 22
`THE PRIOR ART (ZHANG, BACHMANN, AND LIBERTY) ............... 23
`1.
`Overview of Zhang ................................................................... 23
`2.
`Overview of Bachmann ............................................................ 29
`3.
`Overview of Liberty .................................................................. 36
`CLAIMS 10 AND 12 WOULD HAVE BEEN OBVIOUS OVER ZHANG
`AND BACHMANN .................................................................................... 43
`Summary of Opinion ................................................................................. 43
`A.
`B. Overview of the obviousness determination ............................................. 43
`1.
`Combining Zhang and Bachmann ............................................ 44
`2.
`Rationale for combining Zhang and Bachmann ....................... 45
`3.
`Ability to Implement and Reasonable Expectation of Success 51
`C. How the Combination Meets the Elements of the Claims ........................ 53
`1.
`Claim 10 .................................................................................... 53
`
`XI.
`
`X.
`
`2
`
`
`
`
`
`
`
`XII.
`
`2.
`Claim 12 .................................................................................... 73
`CLAIMS 10 AND 12 WOULD HAVE BEEN OBVIOUS OVER
`LIBERTY AND BACHMANN .................................................................. 73
`Summary of Opinion ................................................................................. 73
`A.
`B. Overview of the Obviousness Determination ............................................ 74
`1.
`Combining Liberty and Bachmann ........................................... 74
`2.
`Rationale for the Combination .................................................. 75
`3.
`Ability to Implement and Reasonable Expectation of Success 79
`C. How the Combination Meets the Elements of the Claims ........................ 80
`1.
`Claim 10 .................................................................................... 80
`2.
`Claim 12 .................................................................................... 85
`XIII. OATH .......................................................................................................... 86
`
`
`3
`
`
`
`
`
`
`I.
`
`ENGAGEMENT AND COMPENSATION
` My name is Majid Sarrafzadeh. I have been retained by Google LLC
`
`for the purpose of providing my opinion with respect to the unpatentability of U.S.
`
`Pat. No. 8,552,978 (“the ’978 patent”). I am being compensated for my time in
`
`preparing this declaration at the rate of $650/hr, and my compensation is not
`
`dependent upon my opinions or the outcome of the proceedings.
`
`II. QUALIFICATIONS
`
`I currently hold the title of Distinguished Professor and Director of
`
`Embedded and Reconfigurable Computing (ER) Laboratory in the Computer
`
`Science Department at the University of California, Los Angeles (UCLA). I also
`
`have a courtesy appointment in the Department of Electrical Engineering at UCLA.
`
`I am the Co-Director of the Center for SMART Health, Co-Director for the BRITE
`
`Center on Minority Health Disparities, and a Co-Founder of the UCLA Wireless
`
`Health Institute.
`
`
`
`I believe that I qualify as an expert in the field of sensors and sensor
`
`data processing, and as at least a person of ordinary skill in the art. My current
`
`Curriculum Vitae is attached to the end of this declaration, and summarizes my
`
`qualifications.
`
`
`
`I received my Bachelor’s Degree from the University of Illinois at
`
`Urbana-Champaign in Electrical and Computer Engineering in 1982, a Master of
`
`4
`
`
`
`
`
`
`Science Degree in Electrical and Computer Engineering University of Illinois in
`
`1984, and a Ph.D. in Electrical and Computer Engineering University of Illinois in
`
`1987.
`
`
`
`From 1987 to 1991, I was an Assistant Professor in the Department of
`
`Electrical and Computer Engineering at Northwestern University. From 1991-1997,
`
`I held the title of Associate Professor, also in the Department of Electrical and
`
`Computer Engineering at Northwestern University. From 1997-2000, I held the title
`
`of Full Professor in that department.
`
`
`
`I am an author or co-author on more than 500 publications in electrical
`
`engineering and computer sciences. Many of my publications relate to the use of
`
`sensors and sensor networks to track human body movement and health indicators.
`
`
`
`I have used various sensors including motion sensors in my research. I
`
`have designed and built hardware and software systems for motion tracking, gait
`
`analysis, 3D rehab systems, and gaming just to name a few. I have performed data
`
`capture, data processing and analytics with these mobile systems. I have utilized the
`
`design in remote monitoring systems. In many of my projects I have developed
`
`algorithms relating to sensor fusion. For example, I have used motion sensor fusion
`
`to cancel motion noise
`
`in other signals, such as when working with
`
`photoplethysmography (PPG). I have used pressure sensors, accelerator and
`
`gyroscope fusion to construct motion data.
`
`5
`
`
`
`
`
`
`III. SUMMARY OF OPINIONS
`
`In my opinion, claims 10 and 12 are obvious over the Zhang publication
`
`and Bachmann patent.
`
`
`
`In my opinion, claims 10 and 12 are also obvious over the Liberty
`
`patent and Bachmann patent.
`
`IV. MATERIALS REVIEWED
`
`In forming my opinions, I have relied of my knowledge of the field and
`
`my experience, and have specifically reviewed the following exhibits:
`
`
`
`Exhibit No.
`1001
`1004
`1005
`1006
`1009
`
`Description
`U.S. Pat. No. 8,552,978 (“the ’978 patent”)
`U.S. Pat. No. 7,089,148 (“Bachmann”)
`U.S. Pat. App. Pub. 2004/0095317 (“Zhang”)
`U.S. Pat. No. 7,158,118 (“Liberty”)
`File History of U.S. Pat. App. 13/176,771
`
`
`V. UNDERSTANDING OF THE RELEVANT LAW
`
`I have the following understanding of the applicable law:
`
`A. Anticipation
`
`I understand that a claim in an issued patent can be unpatentable if it is
`
`anticipated. In this case, “anticipation” means that there is a single prior art reference
`
`that discloses every element of the claim, arranged in the way required by the claim.
`
`
`
`I understand that an anticipating prior art reference must disclose each
`
`6
`
`
`
`
`
`
`of the claim elements expressly or inherently. I understand that “inherent”
`
`disclosure means that the claim element, although not expressly described by the
`
`prior art reference, must necessarily be present based on the disclosure. I understand
`
`that a mere probability that the element is present is not sufficient to qualify as
`
`“inherent disclosure”.
`
`B. Obviousness
`
`I understand that a claim in an issued patent can be unpatentable if it is
`
`obvious. Unlike anticipation, obviousness does not require that every element of the
`
`claim be in a single prior art reference. Instead, it is possible for claim elements to
`
`be described in different prior art references, so long as there is motivation or
`
`sufficient reasoning to combine the references.
`
`
`
`I understand that a claim is unpatentable for obviousness if the
`
`differences between the claimed subject matter and the prior art are such that the
`
`subject matter as a whole would have been obvious at the time the alleged invention
`
`was made to a person having ordinary skill in the art to which said subject matter
`
`pertains.
`
`
`
`I understand, therefore, that when evaluating obviousness, one must
`
`consider obviousness of the claim “as a whole”. This consideration must be from
`
`the perspective of the person of ordinary skill in the relevant art, and that such
`
`perspective must be considered as of the “time the invention was made”.
`
`7
`
`
`
`
`
`
`
` The level of ordinary skill in the art is discussed in ¶24 below.
`
` The relevant time frame for obviousness, the “time the invention was
`
`made”, is discussed in ¶25, below.
`
`
`
`I understand that in considering the obviousness of a claim, one must
`
`consider four things. These include the scope and content of the prior art, the level
`
`of ordinary skill in the art at the relevant time, the differences between the prior art
`
`and the claim, and any “secondary considerations”.
`
`
`
`I understand that “secondary considerations” include real-world
`
`evidence that can tend to make a conclusion of obviousness either more probable or
`
`less probable. For example, the commercial success of a product embodying a claim
`
`of the patent could provide evidence tending to show that the claimed invention is
`
`not obvious. In order to understand the strength of the evidence, one would want to
`
`know whether the commercial success is traceable to a certain aspect of the claim
`
`not disclosed in a single prior art reference (i.e., whether there is a causal “nexus” to
`
`the claim language). One would also want to know how the market reacted to
`
`disclosure of the invention, and whether commercial success might be traceable to
`
`things other than innovation, for example the market power of the seller, an
`
`advertising campaign, or the existence of a complex system having many features
`
`beyond the claims that might be desirable to a consumer. One would also want to
`
`know how the product compared to similar products not embodying the claim. I
`
`8
`
`
`
`
`
`
`understand that commercial success evidence should be reasonably commensurate
`
`with the scope of the claim, but that it is not necessary for a commercial product to
`
`embody the full scope of the claim.
`
` Other kinds of secondary considerations are possible. For example,
`
`evidence that the relevant field had a long-established, unsolved problem or need
`
`that was later provided by the claimed invention could be indicative of non-
`
`obviousness. Evidence that others had tried, but failed to make an aspect of the
`
`claim might indicate that the art lacked the requisite skill to do so. Evidence of
`
`copying of the patent owner’s products before the patent was published might also
`
`indicate that its approach to solving a particular problem was not obvious. Evidence
`
`that the art recognized the value of products embodying a claim, for example, by
`
`praising the named inventors’ work, might tend to show that the claim was non-
`
`obvious.
`
`
`
`I further understand that prior art references can be combined where
`
`there is an express or implied rationale to do so. Such a rationale might include an
`
`expected advantage to be obtained, or might be implied under the circumstances. For
`
`example, a claim is likely obvious if design needs or market pressures existing in the
`
`prior art make it natural for one or more known components to be combined, where
`
`each component continues to function in the expected manner when combined (i.e.,
`
`when there are no unpredictable results). A claim is also likely unpatentable where
`
`9
`
`
`
`
`
`
`it is the combination of a known base system with a known technique that can be
`
`applied to the base system without an unpredictable result. In these cases, the
`
`combination must be within the capabilities of a person of ordinary skill in the art.
`
`
`
`I understand that when considering obviousness, one must not refer to
`
`teachings in the specification of the patent itself. One can, however, refer to portions
`
`of the specification admitted to being prior art, including the “BACKGROUND”
`
`section. Furthermore, a lack of discussion in the patent specification concerning
`
`how to implement a disclosed technique can support an inference that the ability to
`
`implement the technique was within the ordinary skill in the prior art.
`
`VI. LEVEL OF ORDINARY SKILL IN THE ART
`
`In my opinion, the relevant art was that of sensors and sensor data
`
`processing. In the relevant timeframe, a person of ordinary skill in the art had at
`
`least a Bachelor’s Degree in Computer Science, Electrical Engineering, Mechanical
`
`Engineering, or Physics, or equivalent work experience, along with knowledge of
`
`sensors (such as accelerometers, gyroscopes and magnetometers), and mobile
`
`computing technologies. I believe I would meet this definition, and would have met
`
`this definition in the relevant timeframe.
`
`VII. RELEVANT TIMEFRAME FOR DETERMINING OBVIOUSNESS
`
`I understand that obviousness must be evaluated “at the time of the
`
`invention”. From the cover page of the ’978 patent, I can see that the first provisional
`
`10
`
`
`
`
`
`
`application for a patent was filed in the United States on January 6, 2010. For the
`
`purpose of this declaration, I will analyze obviousness in the time frame immediately
`
`prior to this date, although my testimony is applicable to a longer period of time (at
`
`least a year) before January 6, 2010. My testimony is directed to this timeframe,
`
`even if I do not always use a past tense.
`
`VIII. TECHNICAL INTRODUCTION
` The ’978 patent discusses 3D pointing devices. (Ex. 1001, Title). Such
`
`devices are for “detecting motions of the device and translating the detected motions
`
`to a cursor display such as a cursor pointing on the screen…of a 2D display
`
`device….” (Ex. 1001, 1:31-33). As one example of such a device, a computer
`
`mouse could be adapted to detect movements and rotations in three dimensions. This
`
`would allow such movements to be translated into commands for a computer, for
`
`example. (Ex. 1001, 1:52-61). FIG. 1 of the ’978 patent shows an example pointing
`
`device 110 and an associated display 120:
`
`11
`
`
`
`
`
`
`
`
` The ’978 patent uses sensors within pointing devices to track
`
`movements and rotations. In the patent, three kinds of sensors are discussed:
`
`rotation sensors (for detecting the angular velocity of rotation), accelerometers (for
`
`detecting axial accelerations), and magnetometers (for detecting the local magnetic
`
`field). (Ex. 1001, FIG. 4). Such sensors can be mounted in 3D pointing device, and
`
`their outputs provide information on the movements and rotations of the device.
`
` The ’978 patent discusses using the output of the sensors to calculate
`
`the orientation of a 3D pointing device. (Ex. 1001, 4:15-57). Here, the word
`
`“orientation” describes how the device is rotated in space with respect to the axes of
`
`a given coordinate system, and is synonymous with the terms “attitude” and “tilt”.
`
`(Ex. 1001, 1:62-64). FIG. 2 of the ’978 patent shows the same 3D pointing device
`
`110 in a different “orientation”, having been rotated about the x-axis by 90 degrees:
`12
`
`
`
`
`
`
`
`
`(Ex. 1001, 2:11-14).
`
`
`
`
`
`“Orientation” can be represented in a number of different ways. One
`
`way is to use a set of angles, known as “Euler angles”. The Euler angles, called
`
`“yaw”, “pitch” and “roll,” represent rotation around three orthogonal axes. If the
`
`object whose orientation is being described is an airplane, the “yaw” could be
`
`thought of as the horizontal (compass) direction of the airplane, while the “pitch” is
`
`the inclination of the nose of the airplane, and the “roll” is the angle of wings. The
`
`Euler angles do not need to be defined relative to the axes that most naturally fit
`
`airplane flight, however, but can be with respect to any coordinate system with three
`
`orthogonal axes.
`
` Orientation can also be represented by a quaternion. A quaternion is a
`
`four-valued vector (q0 q1 q2 q3) that can be thought of as a generalization of a
`13
`
`
`
`
`
`
`complex number. Quaternions were first described in the 19th Century. The
`
`elements of a quaternion are usually thought of as having one real value (q0) and
`
`three values (q1 q2 q3) parallel with three different imaginary axes, labeled i, j and
`
`k. For this reason, quaternions can also be represented with vector addition in the
`
`form q = a + bi + cj +dk, where i2=j2=k2=ijk=-1, and where the following relations
`
`hold: ij=k, ji=-k, jk=i, kj=-i, ki=j, ik=-j.
`
`
`
` Quaternions have special mathematical properties that allow them to
`
`describe rotations efficiently. For any rotation of angle Θ around a given axis
`
`defined by a vector (x,y,z), a quaternion q representing the rotation can be defined
`
`such that q = cos(Θ/2) + sin(Θ/2)(xi +yj +zk). Furthermore, multiplying two
`
`quaternions together using the distributive law and the relationships defined in 30,
`
`above results in an application of rotations described by both quaternions.
`
`Furthermore, and most usefully, any ordinary vector v=(v1 v2 v3) can be defined as
`
`a quaternion with real component =0, e.g. v’=(0 v1 v2 v3). Then, any rotation
`
`defined by a quaternion q can be applied to v’ to get a rotated quaternion r, by using
`
`q and its conjugate (q-1), in the following way r=qv’q-1. In this equation, the
`
`application of the quaternion q is by quaternion multiplication using the distributive
`
`law and the relationships defined in 30. The conjugate of q, labeled q-1, is simply q
`
`with the imaginary components negated.
`
` The relationships described in ¶¶30-31 were well known in the relevant
`
`14
`
`
`
`
`
`
`timeframe, and are described in the prior art I reviewed. (e.g. Ex. 1004, 8:63-67)(Ex.
`
`1006, 16:65-18:28). It was also well known that the Euler angles, described above
`
`in ¶29 could be equivalently represented by a quaternion. For example, the Liberty
`
`reference (Ex. 1006), states:
`
`“Q is the normalized rotation quaternion that represents the
`rotation from the body frame to the user frame. Since the
`rotation quaternion to rotate from the user frame to the body
`frame is Q, we could replace Q with R* where R is the
`rotation from the user frame to the body frame. Note that Q
`can be represented in a number of equivalent forms
`including Euler angles and the direction cosine matrix
`(DCM), and the above equations may vary slightly in their
`equivalent forms based upon different representations of Q.”
`(Ex. 1006, 17:36-44).
`
` The ’978 patent discusses prior art 3D pointing devices having sensors
`
`(such as the Liberty patent, described below), but criticizes the prior art devices as
`
`as allegedly unable to calculate orientation accurately. (Ex. 1001, 2:41-3:52). The
`
`purpose that the ’978 describes is to use additional sensors and to compensate the
`
`output of the sensors to improve the accuracy of the orientation calculation. (Ex.
`
`1001, 1:22-27).
`
` To “compensate” the output of the sensors, the ’978 patent discloses a
`
`15
`
`
`
`
`
`
`mathematical method using quaternions. (Ex. 1001, 16:5 et seq.). Figure 7 of the
`
`’978 patent (right) shows an aspect of this method. The system obtains measured
`
`angular velocities at step 715 (Ex. 1001,
`
`16:27-30). The system also obtains
`
`measured axial accelerations in step 725
`
`(Ex. 1001, 16:60-64).
`
` Using
`
`the
`
`measured angular velocities, the system
`
`calculates predicted axial accelerations.
`
`(Ex. 1001, 17:2-9). By comparing the
`
`actual and predicted accelerations (step
`
`735), the method purports to improve
`
`the estimate of orientation (called here
`
`the “updated state (3rd quaternion)” in
`
`box 735). (Ex. 1001, 18:25-55).
`
`IX. CLAIM INTERPRETATION
`
`I understand that it is sometimes necessary or useful for claim terms in
`
`a patent to be further explained or interpreted (“construed”). In the present
`
`proceeding, I understand generally that claims terms are construed according to their
`
`broadest reasonable interpretation in light of the specification, looking at the
`
`ordinary meaning to a person of ordinary skill in the art in the relevant timeframe
`
`16
`
`
`
`
`
`
`and considering the specification of the patent and the file history of the patent.
`
`
`
`I have reviewed the claim interpretations in the corresponding petition
`
`for inter partes review, and I am of the opinion that they would have been reasonable
`
`to a person of ordinary skill in the art in the relevant timeframe in the context of the
`
`’978 patent. These interpretations are set forth in the following paragraphs, and my
`
`testimony applies these interpretations:
`
`A. Claim 10—“spatial reference frame” and “spatial reference frame
`associated with the 3D pointing device”
` The terms “spatial reference frame” and “spatial reference frame
`
`associated with the 3D pointing device” each mean “a reference frame associated
`
`with the 3D pointing device, which always has its origin at the same point in the
`
`device and in which the axes are always fixed with respect to the device.”
`
` My interpretation of these terms is based on the claims and specification
`
`of the ’978 patent. Claim 10 refers to several frames of reference, including (1) “a
`
`spatial reference frame associated with the 3D pointing device,” (2) “the spatial
`
`reference frame,” (3) a “global reference frame associated with Earth,” and (4) “a
`
`fixed reference frame associated with a display device.” Neither claim 10 nor
`
`dependent claims 11–18 defines “a spatial reference frame associated with the 3D
`
`pointing device” or “the spatial reference frame.” But claims 10–18 use these terms
`
`interchangeably, which leads me to conclude that they mean the same thing. The
`
`specification of the ’978 patent supports this conclusion as explained below.
`17
`
`
`
`
`
`
`
` The specification of the ’978 patent uses the terms “spatial reference
`
`frame” and “spatial reference frame associated with [a] 3D pointing device” to refer
`
`to the frames of reference of pointing devices like those shown in FIGS. 3, 5, 6, 9,
`
`and 13–15 of the ’978 patent. The ’978 patent does not define these terms in great
`
`detail, but it does liken the spatial reference frame to the reference frame associated
`
`with the 3D pointing device shown in FIGS. 1 and 2. For example, when describing
`
`the electronic device 300 shown in FIG. 3, the ’978 patent states:
`
`“The electronic device 300 is subject to movements and
`rotations in dynamic environments in a spatial reference
`frame such as a 3D reference frame. The spatial reference
`frame is analogous to the reference frame XPYPZP also
`shown in FIG. 1 and FIG. 2.”
`
`(Ex. 1001, 9:16-20)(Emphasis added). Similarly, when discussing the flowchart
`
`shown in FIG. 13, the ’978 patent refers to “the three coordinate axes of a spatial
`
`reference frame associated with the 3D pointing device itself (such as the
`
`reference frame XPYPZP shown in FIG. 1 and FIG. 2).” (Ex. 1001, 30:60-
`
`30:63)(Emphasis added). I take these references to mean that the reference frame
`
`XPYPZP shown in FIGS. 1 and 2 is an example of a spatial reference frame
`
`(associated with the 3D pointing device).
`
` The reference frame XPYPZP shown in FIGS. 1 and 2 (reproduced
`
`below) is called the “spatial pointer reference frame.” (Ex. 1001, 1:38–1:42). The
`
`18
`
`
`
`
`
`
`’978 patent states that the spatial pointer reference frame is “associated with the
`
`pointing device 110 [and] is defined by the coordinate axes XP, YP and ZP as shown
`
`in FIG. 1.” (Ex. 1001, 1:43-1:45). Because the pointing device 110 can be “a 3D
`
`pointing device” (Ex. 1001, 1:30), I interpret the spatial pointer reference frame to
`
`be “a reference frame associated with the 3D pointing device” per the first part of
`
`my interpretation of “spatial reference frame.” This interpretation is consistent with
`
`the descriptions of spatial reference frames elsewhere in the specification of the ’978
`
`patent.
`
` Next, I consider the second part of my interpretation, i.e., that the spatial
`
`reference frame “always has its origin at the same point in the device and in which
`
`the axes are always fixed with respect to the device.” This is based on FIGS. 1 and
`
`2 of the ’978 patent. These figures are reproduced below and show that the XP, YP
`
`and ZP coordinate axes intersect at a point within the electronic device 110. See, for
`
`example, FIG. 1 of the ’978 patent:
`
`19
`
`
`
`
`
`
`
`
`
`
` FIG. 2 (reproduced below) also shows that the intersection of the XP,
`
`YP, and ZP coordinate axes is within the electronic device 110:
`
`
`
` The intersection point of a set of coordinate axes is commonly called
`20
`
`
`
`
`
`
`the “origin” of the reference frame, hence my interpretation that the spatial reference
`
`frame (associated with the 3D pointing device) has an origin in the device.
`
` Not only is the origin in the device, it is always at the same point in the
`
`device, even if the device is rotated or translated. This is because the XP, YP, and ZP
`
`coordinate axes are always fixed with respect to the device. In other words, the
`
`coordinate frame does not move relative to the device, even if the device itself moves
`
`with respect to the display or the Earth.
`
` FIG. 2 of the ’978 patent shows that the XP, YP, and ZP coordinates do
`
`not move with respect to the device when the device is rotated. More specifically,
`
`rotating the device counterclockwise by 90 degrees with respect to the screen 120
`
`(i.e., around the XP axis) causes the XP, YP, and ZP coordinate axes to rotate
`
`counterclockwise by 90 degrees. This means that the XP, YP, and ZP coordinate axes
`
`do not rotate with respect to the device. Similarly, it is my opinion that the XP, YP,
`
`and ZP coordinate axes do not translate with respect to the device. In other words,
`
`the XP, YP, and ZP coordinate axes are always fixed with respect to the device, hence
`
`my interpretation that the spatial reference frame has axes that “are always fixed
`
`with respect to the device.”
`
` By definition, the coordinate axes are also fixed with each other. This
`
`means that their intersection point—the origin—is fixed with respect to the
`
`coordinate axes. And because the coordinate axes are fixed with respect to the
`
`21
`
`
`
`
`
`
`device, the origin is also fixed with respect to the device. This means that the origin
`
`is always in the same point in the device.
`
` For these reasons, I interpret “spatial reference frame” and “spatial
`
`reference frame associated with the 3D pointing device” to have the same meaning:
`
`“a reference frame associated with the 3D pointing device, which always has its
`
`origin at the same point in the device and in which the axes are always fixed with
`
`respect to the device.”
`
`B. Claim 10—“rotation output”
` Claim 10 uses the phrase “rotation output”. I interpret this “rotation
`
`output” to be the “output of a rotation sensor” for the following reasons.
`
` According to claim 10, the “rotation output” is “associated with a
`
`rotation of the 3D pointing device.” Claim 10 also states that “the rotation output is
`
`generated by a nine-axis motion sensor module”. Put differently, the nine-axis
`
`motion sensor module produces the rotation output as the 3D pointing device rotates.
`
` The specification of the ’978 patent makes clear that the rotation output
`
`is the output of a rotation sensor that is part of the nine-axis sensor module. For
`
`example, the Summary of the ’978 patent states:
`
`“The rotation sensor generates a rotation output associated
`with a rotation of the 3D pointing device associated with three
`coordinate axes of a spatial reference frame associated with the
`3D pointing device.” (Ex. 1001, 7:61-64)(Emphasis added).
`
`22
`
`
`
`
`
`
`
` The Detailed Description of the ’978 patent goes into more detail about
`
`the rotation output, rotation sensor, and nine-axis sensor module. It starts by
`
`disclosing a “nine-axis motion sensor module 302 [that] includes the rotation sensor
`
`342”. (Ex. 1001, 9:60-61). It also states:
`
`“The rotation sensor 342 of the nine-motion sensor module 302
`detects and generates the first signal set including angular
`velocities ωx, ωy, ωz associated with the movements and
`rotations of the electronic device 300 about each of three
`orthogonal coordinate axes XPYPZP of the spatial reference
`frame”. (Ex. 1001, 10:1-6).
`
` This description is consistent with claim 10 and indicates that “rotation
`
`output” should be interpreted as “output of a rotation sensor”.
`
`X. THE PRIOR ART (ZHANG, BACHMANN, AND LIBERTY)
`1. Overview of Zhang
` Zhang discloses a “handheld pointing device” for controlling a
`
`“computer pointing control system”. (Ex. 1005, Abstract). Zhang’s FIG. 2
`
`(reproduced below) shows an example of this computer pointing control system with
`
`a handheld pointing device 100:
`
`23
`
`
`
`
`
`
`
` Zhang’s device 100 includes several sensors that detect the device’s
`
`
`
`orientation. Zhang explains:
`
`“A universal pointing control system for televisions and
`computer displays is disclosed. The system is comprised of a
`remote handheld device, a display control unit and a command
`delivery unit. The remote handheld device includes a set of
`orientation sensors that detect the device’s current
`orientation.” (Ex. 1005, ¶0008)(Emphasis added).
`
` The set of orientation sensors “detects the device’s current orientation
`
`and generate[s] the pointing direction signal.” (Ex. 1005, ¶0021). This pointing
`
`direction signal indicates which way the device 100 is pointing. (Ex. 1005, ¶0021).
`24
`
`
`
`
`
`
`
` Zhang discloses that these different orientation sensors include a two-
`
`axis magnetic field sensor and a two-axis accelerometer. Zhang’s FIG. 3
`
`(reproduced immediately below) shows an example two-axis magnetic field sensor
`
`120 and an example accelerometer 130 on a circuit board 160 inside the device 100
`
`along with a microcontroller 110:
`
`
`
`
`
` FIG. 3 shows that the magnetic field sensor 120 and the accelerometer
`
`
`
`sensor 130 are mounted at right angles with respect to each other. (Ex. 1005, ¶0026).
`
`This is so that one sensor (here, the magnetic field sensor 120) detects the device’s
`
`yaw (azimuth) angle and the other sensor (here, the accelerometer sensor 130)
`
`detects the device’s pitch (inclination) angle. (Ex. 1005, ¶0025).
`
` Zhang’s FIG. 4a shows the magnetic field sensor 120, the yaw angle ϕ,
`
`25
`
`
`
`
`
`
`and the orientation of the Earth’s magnetic field 25. The magnetic field sensor 120
`
`“detects the device’s orientation relative to the direction of the earth’s magnetic field
`
`25.” (Ex. 1005, ¶0026). Similarly, Zhang’s FIG. 4b shows the accelerometer sensor
`
`130 and the pitch angle ε. The accelerometer sensor 130 “sense[s] the device’s
`
`heading change in the y-z plane.” (Ex. 1005, ¶0027). Zhang’s FIGS. 4a and 4b are
`
`reproduced immediately below:
`
`
`
` The microcontroller 110 determines the device’s orientation from the
`26
`
`
`
`
`
`
`
`
`signals generated by the magnetic field sensor 120 and the accelerometer sensor 130.
`
`(Ex. 1005, ¶¶0025 and 0029). These signals are filtered, amplified, digitized, and
`
`processed using the components shown in the system diagram in Zhang’s FIG. 5, an
`
`annotated version of which is reproduced immediately below. (Ex. 1005, ¶0029).
`
`
`
` The magnetic field sensor 120 and accelerometer sensor 130 appear in
`
`the lower left of FIG. 5 (numerals 120 and 130 are shown by red-dashed boxes).
`
`These sensors output signals to amplifiers 121, 123, 131, and 133, which amplify
`
`the sensor outputs. (Ex. 1005, ¶0029). Low-pass filters 122, 124, 132, and 134
`
`27
`
`
`
`
`
`
`remove high-frequency components from the amplified signals, which are
`
`multiplexed by a multiplexer 112 and digitized by an analog-to-digital converter
`
`(ADC) 111 before being processed by the microcontr