`
`
`
`Filed: July 31, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
` Petitioner
`
`v.
`
`CYWEE GROUP LTD.
`Patent Owner
`
`____________________
`
`Case IPR2018-01257 (Patent No. 8,552,978)
`Case IPR2018-01258 (Patent No. 8,441,438)
`____________________
`
`
`EXPERT DECLARATION OF DR. JOSEPH LAVIOLA, PH.D., IN
`SUPPORT OF PATENT OWNER REPLY IN SUPPORT OF MOTION TO
`AMEND
`
`
`
`
`
`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`
`Table of Contents
`
`I. INTRODUCTION ............................................................................................. 3
`
`II. QUALIFICATIONS, PUBLICATIONS, AND PRIOR TESTIMONY ...... 4
`
`III. THE ATTITUDE.CPP SOURCE CODE PRACTICES THE SENSOR
`FUSION AND ERROR MINIMIZATION METHOD OF THE ‘978 AND ‘438
`PATENTS ................................................................................................................ 4
`
`IV. THE ‘558 PROVISIONAL APPLICATION SUPPORTS ALL
`PROPOSED CLAIM AMENDMENTS ............................................................. 15
`
`V. WITHANAWASAM IN VIEW OF BACHMANN DOES NOT RENDER
`THE PROPOSED AMENDED CLAIMS OBVIOUS ....................................... 18
`
`
`A. A PHOSITA Would Not Be Motivated to Combine the References ...... 18
`
`B. The References Do Not Disclose all Elements of the Proposed Amended
`Claims 19 and 20 of the ‘978 Patent ................................................................ 20
`
`
`
`
`
`C. The References Do Not Disclose all Elements of the Proposed Amended
`Claims 20 and 21 of the ‘438 Patent ................................................................ 24
`
`
`VI. CONCLUSION .............................................................................................. 28
`
`
`
`
`
`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`INTRODUCTION
`
`I have been retained by Patent Owner CyWee Group Ltd. (“CyWee” or
`
`
`I.
`
`1.
`
`“Patent Owner”) as an expert in the area of motion sensors and sensor fusion
`
`technology. I make this Declaration at the request of CyWee regarding my
`
`opinions as an independent expert regarding the evidence cited by Petitioner
`
`Google LLC (“Google” or “Petitioner”) in its Opposition to the proposed
`
`amendments to claims 10 and 12 of U.S. Patent No. 8,552,978 and claims 1 and 3
`
`of U.S. Patent No. 8,441,438 (the “‘438 Patent”), which are responsive to grounds
`
`raised in the matter of Inter Partes Reviews, Petitions IPR2018-01257 and
`
`IPR2018-01258.
`
`2.
`
`I am being compensated for this work at the rate of $400/hour, and my
`
`compensation is not dependent on the outcome of this matter.
`
`3.
`
`In addition to the documents already listed in my previous reports, Exhibits
`
`2004 and 2011, in preparation for this Declaration, I have studied Petitioner’s
`
`Oppositions to Patent Owner’s Motions to Amend, and Exhibits 1017-1018, and
`
`2022, 2026, 2027, and 2031.
`
`4.
`
`In addition to the above Papers and other documents, my opinions herein are
`
`also based upon my personal knowledge, professional judgment, education and
`
` 3
`
`
`
`
`experience gained through my years as a computer scientist, professor, and
`
`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`consultant.
`
`5.
`
`A detailed discussion of the ‘978 and ‘438 Patents, the level of ordinary skill
`
`in the art, the background of the relevant technology, the claim construction issues
`
`in the present IPR, and the prior art references relied on by Petitioner can be found
`
`in my Expert Declaration in Support of Patent Owner Response, provided as
`
`Exhibit 2004 in both IPR2018-01257 and IPR2018-01258.
`
`6. My initial opinions on the proposed amended claims 19 and 20 (to replace
`
`claims 10 and 12) of the ‘978 and proposed amended claims 20 and 21 (to replace
`
`claims 1 and 3) of the ‘438 Patent can be found in my Expert Declaration in
`
`Support of Patent Owner’s Motion to Amend, provided as Exhibit 2011 both
`
`IPR2018-01257 and IPR2018-01258.
`
`II. QUALIFICATIONS, PUBLICATIONS, AND PRIOR TESTIMONY
`
`7. My Curriculum Vitae is provided as Exhibit 2005. A detailed listing of my
`
`qualifications, publications, and prior testimony can be found in my Expert
`
`Declaration in Support of Patent Owner Response. Ex. 2004, Section II.
`
`III. THE ATTITUDE.CPP SOURCE CODE PRACTICES THE SENSOR
`FUSION AND ERROR MINIMIZATION METHOD OF THE ‘978 AND
`‘438 PATENTS
`
`
`
` 4
`
`
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`I have been provided with Exhibit 2031, Attitude.cpp, which I have been
`
`
`8.
`
`informed is the source code written for use with the JIL Phone. I have been
`
`informed that the inventions of the ‘438 and ‘978 Patents were conceived on May
`
`22, 2009. I have also been informed that the JIL Phone running an earlier version
`
`of Attitude.cpp was able to practice the claims of the’ 438 Patent at least by the
`
`date CyWee informed Qualcomm it had a functioning prototype of the JIL Phone
`
`on July 29, 2009. I have further been informed that updates to the Attitude.cpp
`
`source code by September 25, 2009, enabled the JIL Phone to practice the claims
`
`of the ‘978 Patent. My review of Ex. 2031 supports the information with which I
`
`have been provided regarding the JIL Phone and earlier versions of the
`
`Attitude.cpp code.
`
`9.
`
`I have thoroughly examined the Attitude.cpp code. It is my opinion that,
`
`given the hardware specifications of the JIL Phone, Ex. 2022, the JIL Phone,
`
`running the Attitude.cpp software, practiced all of the elements of at least claims
`
`10 and 12 of the ‘978 Patent and at least claims 1 and 3-5 of the ‘438 Patent.1 It is
`
`also my opinion that the source code running on the JIL Phone would have
`
`
`
`1 The source code contained in Attitude.cpp also practices at least independent
`claims 14 and 19 of the ‘438 Patent; however, I have not provided a claim mapping
`for these claims because they are not at issue in the present IPRs.
`
` 5
`
`
`
`
`practiced all elements of the proposed amended claims 19 and 20 of the ‘978
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`Patent and proposed amended claims 20 and 21 of the ‘438 Patent.
`
`10. The claim terms listed below are represented by the following variables in
`
`the Attitude.cpp source code:
`
`Claim Term
`Measured Axial Accelerations;
`First Signal Set (‘978);
`Second Signal Set (‘438)
`Measured Angular Velocities;
`First Signal Set (‘438);
`Rotation Output (‘978)
`Measured Magnetisms;
`Second Signal Set (‘978)
`Predicted Measurement of
`Second Signal Set (‘438)
`
`x-axis, Ax’
`
`y-axis, Ay’
`
`z-axis, Az’
`
`Predicted Magnetisms (‘978)
`
`x-axis, Mx’
`
`y-axis, My’
`
`z-axis, Mz’
`
` 6
`
`Orientation Output (‘978)
`
`Variable in Ex. 2031
`float Acc_x,float Acc_y,float Acc_z
`
`float Gyro_p,float Gyro_q,float Gyro_r
`
`float Mx,float My,float Mz
`
`2*(state_p[1]*state_p[3]-state_p[0]
`*state_p[2])
`
`2*(state_p[2]*state_p[3]+state_p[0]
`*state_p[1])
`(state_p[0]*state_p[0]-state_p[1]*state_p[1]-
`state_p[2]*state_p[2]+state_p[3]*state_p[3])
`((state_p[0]*state_p[0]+state_p[1]*state_p[1]-
`state_p[2]*state_p[2]-state_p[3]*state_p[3])
`*COS_LAMBDA+2*(state_p[1]*state_p[3]-
`state_p[0]*state_p[2])*SIN_LAMBDA)
`(2*(state_p[1]*state_p[2]-state_p[0]
`*state_p[3])*COS_LAMBDA
`+2*(state_p[2]*state_p[3]+state_p[0]
`*state_p[1])*SIN_LAMBDA)
`
`(2*(state_p[1]*state_p[3]+state_p[0]
`*state_p[2])*COS_LAMBDA+(state_p[0]
`*state_p[0]-state_p[1]*state_p[1]-
`state_p[2]*state_p[2]+state_p[3]*state_p[3])*
`SIN_LAMBDA)
`
`roll = roll *180/PI; //phi
`pitch = pitch*180/PI; //theta
`yaw = yaw *180/PI; //psi
`
`
`
`
`
`11. The following is a mapping of specific line numbers of the code to the
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`limitations of the claims of the ‘978 and ‘438 Patents.
`
`12.
`
`‘978 Patent, Claim 10:
`
`
`
`Claim Limitation
`
`Ex. 2031, Line Number
`
`10(a) "A method for compensating
`rotations of a 3D pointing device,
`comprising:”
`
`
`The JIL phone itself is shown in Ex.
`2024. Details regarding compensation
`are shown below.
`
`
`Lines 245-268, 290-312, and 337-359
`
`Lines 254, 298, and 345
`
`Lines 393,446, and 494
`
`10(b) "generating an orientation output
`associated with an orientation of
`the 3D pointing device associated
`with three coordinate axes of a
`global reference frame associated
`with Earth;”
`
`10(c) "generating a first signal set
`comprising axial accelerations
`associated with movements and
`rotations of the 3D pointing
`device in the spatial reference
`frame;"
`
`10(d) "generating a second signal set
`associated with Earth's
`magnetism;”
`
`
` 7
`
`
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`Lines 245-268, 290-312, and 337-359
`
`Lines 167-172
`
`Shown in Ex. 2026 at 6, Fig. 6; and Ex.
`2027 at 24, 29, and 35
`
`Lines 393, 466, and 494
`
`
`10(e) "generating the orientation output
`based on the first signal set, the
`second signal set and the rotation
`output or based on the first signal
`set and the second signal set;”
`
`10(f) "generating 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;”
`
`10(g) "and using the orientation output
`and the rotation output to
`generate a transformed output
`associated with a fixed reference
`frame associated with a display
`device, wherein the orientation
`output and the rotation output is
`generated by a nine-axis motion
`sensor module;”
`
`10(h) "obtaining one or more resultant
`deviation including a plurality of
`deviation angles using a plurality
`of measured magnetisms Mx,
`My, Mz and a plurality of
`predicted magnetism Mx', My'
`and Mz' for the second signal
`set.”
`
`
`
`
`
`
`
`
` 8
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`
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`
`
`
`
`
`
`
`13.
`
`‘978 Patent, Claim 12:
`
`Claim Limitation
`
`Ex. 2031, Line Number
`
`Lines 540-551
`
`"The method of claim 10,
`wherein the orientation output
`is a rotation matrix, a
`quaternion, a rotation vector,
`or comprises three orientation
`angles.”
`
`
`12
`
`
`
`
`
`14.
`
`‘438 Patent, Claim 1:
`
`
`
`Claim Limitation
`
`Ex. 2031, Line Number
`
`1(a) “A three-dimensional (3D)
`pointing device subject to
`movements and rotations
`in dynamic environments,
`comprising:”
`
`
`The JIL phone itself is shown in Ex. 2024 at 1.
`The JIL phone is subject to movements and
`rotations in dynamic environments.
`
`
`
` 9
`
`
`
`
`1(b) “a housing associated with
`said movements and
`rotations of the 3D
`pointing device in a spatial
`pointer reference frame;”
`
`
`1(c) “a printed circuit board
`(PCB) enclosed by the
`housing;”
`
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`The housing is shown in Ex. 2024 at 2 and in
`1(a) above.
`
`
`The PCB (in green) is shown in Ex. 2024 at 3.
`
`
`
`
`
`
` 10
`
`
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`The JIL phone includes a six-axis motion
`sensor module attached to the PCB. More
`specifically, the version below includes an
`Invensense IXZ-650 Gyroscope (rotation
`sensor) and an STMicroelectronics 33DL
`accelerometer, attached to the PCB. Ex. 2024
`at 3-4; See also Liou Decl. ¶ 18 (also
`discussing alternative arrangement)
`
`
`
`
`Lines 167-172 practice “generating a first
`signal set comprising angular velocities ωx,
`ωy, ωz”
`(See Element 1(d) above)
`Lines 254, 298, and 345 practice “generating a
`second signal
`set comprising axial accelerations Ax, Ay,
`Az”
`
`
`1(d) “a six-axis motion sensor
`module attached to the
`PCB, comprising a
`rotation sensor for
`detecting and generating a
`first signal set comprising
`angular velocities ωx, ωy,
`ωz associated with said
`movements and rotations
`of the 3D pointing device
`in the spatial pointer
`reference frame,”
`
`
`1(e) “an accelerometer for
`detecting and generating a
`second signal
`set comprising axial
`accelerations Ax, Ay, Az
`associated with said
`movements and rotations
`of the 3D pointing device
`in the spatial
`pointer reference frame;
`and”
`
`
` 11
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`
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`The computer processor (a SILABSA F411
`below) receives data from the six-axis motion
`sensor (which includes the accelerometer and
`gyroscope) through a data transmitting unit
`electrically connected to the six-axis motion
`sensor module. See Ex. 2024 at 3-4. The data
`transmitting unit is a bus.
`
`
`See elements 1(h)-1(i)
`
`
`
`
`1(f) “a processing and
`transmitting module,
`comprising a data
`transmitting unit
`electrically connected to
`the six-axis motion sensor
`module for transmitting
`said first and second signal
`sets thereof and a
`computing processor for
`receiving and calculating
`said first and second signal
`sets from the data
`transmitting unit,”
`
`
`1(g) “communicating with the
`six-axis motion sensor
`module to calculate a
`resulting deviation
`comprising resultant
`angles in said spatial
`pointer reference frame”
`
`
` 12
`
`
`
`
`1(h) “by utilizing a comparison
`to compare the first signal
`set with
`the second signal set
`whereby said resultant
`angles in the spatial
`pointer reference frame of
`the resulting deviation of
`the six-axis motion sensor
`module of the 3D pointing
`device are obtained under
`said dynamic
`environments, wherein the
`comparison utilized by the
`processing and
`transmitting module
`further comprises an
`update program to obtain
`an updated state based on a
`previous state associated
`with said first signal set
`and a measured state
`associated with said
`second signal set;”
`
`1(i) “wherein the measured
`state includes a
`measurement of said
`second signal set and a
`predicted measurement
`obtained based on
`the first signal set without
`using any derivatives of
`the first signal
`set.”
`
`
`
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`Lines 254, 298, and 345 practice “utilizing a
`comparison to compare the first signal set with
`the second signal set.”
`
`Lines 167-172, 189-209 practice “an update
`program to obtain an updated state based on a
`previous state associated with said first signal
`set”
`
`Lines 254, 298, and 345 practice “and a
`measured state associated with said second
`signal set”
`
`Lines 254, 298, and 345
`
` 13
`
`
`
`
`15. Specifically, the Attitude.cpp code implements equations 2-4 of the ‘438 and
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`‘978 Patents to calculate predicted axial accelerations based on the measured
`
`angular velocities of the current state. Ex. 2031, lines 254, 298, and 345. It also
`
`compares the first signal set with the second signal set. Id.
`
`16. The source code implements equations 18-20 of the ‘978 Patent to generate
`
`a plurality of measured magnetisms and to compute a plurality of predicted
`
`magnetisms. Id. at lines 393, 446, and 494. The same code also computes the
`
`difference between the measured and predicted magnetisms in order to obtain
`
`resultant deviation angles. Id.
`
`17. The source code implements a close approximation to the solution of the
`
`differential equation 1 of the ‘438 and ‘978 Patents. Id. at lines 167-172, 174-178.
`
`The code generates a rotation output of obtained measured angular velocities of a
`
`current state. Id. at lines 167-172.
`
`18. Equation 1 of the ‘438 and ‘978 Patents is implemented in the code to
`
`computing the current state (second quaternion) using the previous state (first
`
`quaternion). Id. at lines 189-209. The code obtains an updated state based on the
`
`previous state of the angular velocities. Id. at 167-172, 189-209. The code updates
`
`a covariance matrix after the prediction step that utilizes elements of an Extended
`
` 14
`
`
`
`
`Kalman Filter (EKF), which computes the current state second quaternion. Id. at
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
`
`lines 229-233.
`
`19. The code utilizes elements of an EKF to correct for error in the updated
`
`state. Id. at lines 245-268. The code does so by comparing the current state second
`
`quaternion to the measured and predicted axial accelerations at current time T. Id.
`
`This generates an orientation output based on the outputs from the accelerometers,
`
`rotation sensors, and magnetometers. Id. at lines 245-268, 290-312, and 337-359.
`
`20. The code implements equations 12-14 of the ‘438 and ‘978 Patents to
`
`convert the updated state (third quaternion) into resulting deviation angles. Id. at
`
`lines 540-551. The third quaternion also becomes the previous state first
`
`quaternion for the following iteration in the filter. Id. at 530-536.
`
`IV. THE ‘558 PROVISIONAL APPLICATION SUPPORTS ALL
`PROPOSED CLAIM AMENDMENTS
`
`
`
`21. Both the ‘978 and ‘438 Patents claim priority to the ‘558 Provisional Patent
`
`Application. As discussed in my previous Declaration in Support of Patent
`
`Owner’s Motion to Amend, the ‘558 Provisional Patent Application contains
`
`enough information to convey to a PHOSITA that the inventors were in possession
`
`of the newly-added claim elements in the amended claims at the time of filing.
`
`IPR2018-01257, Ex. 2011, ¶¶ 12-22; IPR2018-01258, Ex. 2011, ¶¶ 12-22.
`
` 15
`
`
`
`
`22. Petitioner has challenged the sufficiency of the disclosure of the ‘558
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`Provisional relating to three specific proposed claim limitations: whether the
`
`disclosure teaches (1) that the device is “handheld;” (2) that the device can have “a
`
`display built-in to and integrated with the 3D pointing device;” and (3) that the
`
`device can be a “smartphone.” All three of these challenged limitations would be
`
`readily understood as taught by the ‘558 Provisional Patent Application by one of
`
`ordinary skill in the art.
`
`23. Petitioner’s expert, Dr. Sarrafzadeh concedes that “a remote controller, a
`
`joystick or a cellular phone,” all disclosed by the ‘558 Provisional, are all devices
`
`that may be handheld. Ex. 1018, ¶ 28. Not only may these devices be handheld, but
`
`they are generally designed to be held and operated by human hands. Dr.
`
`Sarrafzadeh stretches his imagination to devise embodiments of each of the
`
`disclosed devices that would not be easily handheld, but any one of ordinary skill
`
`in the art, and indeed even sub-ordinary skill in the art, would understand that
`
`remote controllers, joysticks, and cellular phones are all typically designed to be
`
`handheld. In particular, cellular phones are ordinarily designed to be portable and
`
`handheld. The example Dr. Sarrafzadeh concocts to show otherwise requires
`
`physically modifying a cellular phone and to combine it with additional, external,
`
` 16
`
`
`
`
`non-handheld devices. Id. This does not change the fact that the cellular phone
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`itself is designed to be a handheld device.
`
`24. Dr. Sarrafzadeh also contends that the ‘558 Provisional does not disclose a
`
`“built-in display” or a “smartphone.” Id. at ¶¶ 29-30. Dr. Sarrafzadeh does not
`
`dispute that cellular phones typically have built-in displays or that smartphones
`
`were a well-known type of cellular phone by the time the ‘558 Provisional was
`
`filed. The most iconic and well-recognized cellular phone in history, the iPhone,
`
`was released in June of 2007. The iPhone gave rise to the popular use of the term
`
`“smartphone” and informed the colloquial definition of that term. Smartphones
`
`generally have a large display built-in to and integrated with the front of the device
`
`and contain a variety of sensors for various control input functions. The ‘558
`
`Provisional Patent Application was filed nearly three years after the release of the
`
`first generation iPhone, and by then various iterations of the device had seen
`
`monumental commercial success. A PHOSITA would have recognized that
`
`smartphones, such as the iPhone, would have been an ideal kind of cellular phone
`
`to implement the invention described by the ‘558 Provisional Patent Application.
`
`This is further demonstrated by the fact that the JIL Phone prototype—developed
`
`before the ‘558 Provisional Patent Application was filed, and that actually reduced
`
` 17
`
`
`
`
`the inventions of the ‘438 and ‘978 Patents to practice—was a smartphone with a
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`built-in and integrated display.
`
`V. WITHANAWASAM IN VIEW OF BACHMANN DOES NOT RENDER
`THE PROPOSED AMENDED CLAIMS OBVIOUS
`
`A. A PHOSITA Would Not Be Motivated to Combine the References
`
`
`
`
`25.
`
`It is my understanding that, because the ‘438 and ‘978 Patents are entitled to
`
`an earlier priority date of May 22, 2009, Withanawasam, which has a filing date of
`
`June 3, 2009, does not qualify as prior art to the CyWee Patents. As I have noted
`
`earlier, by May 22, 2009, the inventors of the ‘438 and ‘978 patents had selected
`
`the hardware specifications for the JIL Phone and began developing the code that
`
`would operate on that hardware, and a PHOSITA would readily understand that the
`
`‘438 and ‘978 inventions, as they existed at least by May 22, 2009 showed all the
`
`features of the technology that is disclosed in Withanawasam. Exs 2022, 2031.
`
`Since Withanawasam is not prior art, Petitioner’s asserted combination of
`
`Withanawasam in view of Bachmann cannot invalidate the CyWee Patents.
`
`However, even if the CyWee Patents are not entitled to that earlier priority date, a
`
`PHOSITA would not be motivated to combine Withanawasam and Bachmann.
`
`Furthermore, the combination of Withanawasam in view of Bachmann does not
`
`disclose all elements of the proposed amended claims for the ‘978 and ‘438
`
`Patents.
`
` 18
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`
`
`
`26. Withanawasam is directed to an integrated sensor device to conserve space
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`within a navigation device, such as a smartphone. See generally, Ex. 1017. The
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`published application is rather short, the detailed description of the invention only
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`spanning about a page and a half, because the invention claimed is very simple.
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`The disclosure explains a way to integrate various sensors on a single
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`semiconductor device, and it does not enable much else in terms of applications of
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`the integrated MEMS sensor device.
`
`27. Dr. Sarrafzadeh effectively only cites to Withanawasam to disclose a
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`smartphone that can be used as a 3D Pointing Device. Ex. 1018 at ¶¶ 71-75, 111.
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`While Withanawasam does cursorily mention that its integrated sensor device can
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`be integrated in a navigation device, such as a smartphone, it does not disclose that
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`the smartphone would be used as a 3D pointing device, as will be discussed below.
`
`28. A PHOSITA would be motivated not to combine a Withanawasam with
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`Bachmann, because Bachmann explicitly teaches away from using its sensor
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`system and fusion method on any devices made of magnetic materials. Ex. 1004,
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`13:42-47 (“Sensors … of the present invention can be used to track motion and
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`orientation of simple rigid bodies as long as they are made of non-magnetic
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`materials.” (emphasis added)). All smartphones contain many magnets and
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`magnetic materials. These include, inter alia, magnets in the phones’ speakers, and
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` 19
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`
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`magnetic materials making up many internal steel and gold parts, digital
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`compasses, and often the housings of the smartphones. Because smartphones
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`contain so many magnetic materials, a PHOSITA would avoid combining
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`Bachmann’s sensor system and sensor fusion method with Withanawasam’s
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`smartphone because the Bachmann teaches away from such a combination.
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`29. Furthermore, Dr. Sarrafzadeh contends that the absence of any mention of a
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`sensor fusion method in Withanawasam would motivate a PHOSITA to seek out
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`and apply Bachmann’s sensor data fusion and error minimization method. Ex.
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`1018 at ¶ 56. The opposite is true. A PHOSITA would not be motivated to seek out
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`a sensor fusion method because Withanawasam contains no indication that a sensor
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`fusion method would be necessary or useful.
`
`
`
`B. The References Do Not Disclose all Elements of the Proposed Amended
`Claims 19 and 20 of the ‘978 Patent
`
`30. Even if the references were to be combined, the combination of
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`Withanawasam and Bachmann fails to disclose at least the following limitations of
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`proposed amended claim 19: (1) a “3D pointing device;” (2) “using the orientation
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`output and the rotation output to generate a transformed output associated with a
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`fixed display reference frame;” and (3) “obtaining one or more resultant deviation
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`including a plurality of deviation angles using a plurality of measured magnetisms
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` 20
`
`
`
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`Mx, My, Mz and a plurality of predicted magnetism Mx’, My’, Mz’ for the second
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`signal set.”
`
`31. Withanawasam does not disclose element 19(a), a “3D pointing device,” as
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`that term has been construed by the Board. The Board construed this term to mean
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`“a device capable of sensing movement and orientation in three dimensions to
`
`point out or control actions on a display.” IPR2018-01257, Paper 8 at 11; IPR2018-
`
`01259, Paper 7 at 16. Withanawasam, as disclosed, is not capable of detecting
`
`orientation in three-dimensions. Dr. Sarrafzadeh cites to the single following
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`paragraph in Withanawasam to support his position that the reference discloses a
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`3D pointing device. Ex. 1018 at ¶ 73 (citing to Ex. 1017, ¶ [0012]). That paragraph
`
`reads:
`
`the present
`to
`information relating
`is
`information
`Orientation
`orientation of the PND 100, and can be determined using the
`integrated MEMS and magnetic sensor 130 (also referred to herein as
`the integrated MEMS sensor). The integrated MEMS and magnetic
`sensor 130 provides information to the processor 110 relating to
`acceleration, roll, and directional data (that is, relating to a compass
`direction). The PND 100 can use three axes of sensing for
`acceleration and gyroscope data in one single integrated MEMS
`sensor 130.
`
`Ex. 1017, ¶ [0012] (emphasis added). This paragraph does not mention that the
`
`device can detect orientation
`
`in
`
`three-dimensions. Rather, ¶ [0012] of
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`Withanawasam states that the MEMS and Magnetic sensor only provide
`
` 21
`
`
`
`
`information “relating to acceleration, roll, and directional data (that is, relating to a
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`compass direction).” Ex. 1017, ¶ [0012]. The MEMS sensor uses “three axes of
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`sensing for acceleration,” id., which allow for sensing movement in three
`
`dimensions, but would not sense three-dimensional orientation. Roll can be
`
`detected in Withanawasam by the single gyroscope disclosed by ¶ [0012], but the
`
`disclosure makes no mention of detecting orientation relating to pitch and/or yaw.
`
`Therefore, Withanawasam is not “capable of sensing... orientation in three
`
`dimensions,” as required by the construction of a “3D Pointing Device.”
`
`32. Bachmann does not disclose a “3D pointing device” because is does not
`
`enable mapping its resultant angles onto a display frame “to point out or control
`
`actions on a display.” Indeed, Dr. Sarrafzadeh admits that he did not bother to
`
`analyze whether Bachmann could be considered a 3D Pointing Device.
`
`33. Nor do Bachmann and Withanawasam disclose element 19(g), “using the
`
`orientation output and the rotation output to generate a transformed output
`
`associated with a fixed display reference frame.” Both Bachmann and
`
`Withanawasam merely mention that orientation or positional information may be
`
`rendered on a display. Transformation in the ‘978 Patent occurs when the
`
`orientation and rotation outputs based on the three-dimensional orientation of the
`
`device are mapped as a two-dimensional dimensional movement pattern in the
`
` 22
`
`
`
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`display plane XdYd. Ex. 1001, 30:36-42; 31:51-32:3. Neither reference asserted by
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`Petitioner enables a PHOSITA to perform such a transformation. Rather,
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`Bachmann cursorily mentions transmitting a calculated human “body posture and
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`output[ting] a display signal to a display.” Ex. 1004, 14:20-30. Bachmann does not
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`disclose which specific outputs are used to generate the “display signal,” and does
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`not contemplate a “transformed output” that converts the three-dimensional
`
`orientation of the device into a two-dimensional movement pattern.
`
`34. Likewise, Withanawasam merely teaches that its system may be used with
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`navigation and orientation applications. Paper 29 at 24. As discussed above,
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`Withanawasam does not disclose determining orientation in three-dimensions. See
`
`supra, Section III.B.i. Furthermore, Withanawasam does not disclose how, if at all,
`
`the limited orientation information it does detect would be transformed into a
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`movement pattern on its display.
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`35. Finally, Withanawasam in view of Bachmann does not disclose element
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`19(h), “obtaining one or more resultant deviation including a plurality of deviation
`
`angles using a plurality of measured magnetisms Mx, My, Mz and a plurality of
`
`predicted magnetism Mx’, My’, Mz’ for the second signal set.” The ‘978 Patent
`
`claims that the resultant deviation is obtained, in part, from a plurality of predicted
`
`magnetisms Mx’, My’, Mz’ for the second signal set. The measured and predicted
`
` 23
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`
`
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`magnetisms are measured at current time T, whereas the previous state is obtained
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`at an earlier time T-1. Ex. 1001, 23:9-34, Fig. 10 (steps 1035 and 1040). Bachmann
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`does not teach calculating the predicted magnetisms using information from the
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`current state at time T, as required by proposed element 19(h). The vector ȳ(q̂ ) in
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`Bachmann that Dr. Sarrafzadeh asserts teaches using a “plurality of predicted
`
`magnetisms Mx’, My’, Mz’” is not, in fact, a predicted magnetism at time T based
`
`on the current state, but instead is a vector based on an estimation of the orientation
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`quaternion at a previous time. Ex. 1004, 10:50-51.
`
`36. Because the combination of Withanawasam and Bachmann does not disclose
`
`all of the elements of independent proposed amended claim 19, which would
`
`replace independent claim 10, and from which proposed amended claim 20
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`depends, that combination of references also fails to disclose all elements of the
`
`dependent proposed claim 20.
`
`
`
`C. The References Do Not Disclose all Elements of the Proposed Amended
`Claims 20 and 21 of the ‘438 Patent
`
`37. The combination of Withanawasam and Bachmann, were they to be
`
`combined, fails to disclose at least the following limitations of proposed amended
`
`claim 20: (1) a “three-dimensional (3D) pointing device;” (2) “an update program
`
`to obtain an updated state based on a previous state associated with the first signal
`
`set and a measured state associated with said second signal set;” (3) “wherein the
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` 24
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`
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`measured state includes a measurement of said second signal set and a predicted
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`Case IPR2018-01258
`Patent No. 8,441,438
`Declaration of Joseph LaViola, Ph.D.
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`measurement obtained based on the first signal set without using any derivatives of
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`the first signal set;” and (4) “wherein said resultant angles of the resulting
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`deviation in the spatial pointer reference frame are translated to a movement
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`pattern in the display reference frame.”
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`38. Withanawasam and Bachmann do not disclose element 20(a), a “3D pointing
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`device,” as that term has been construed by the Board. See supra, Section V.B.26-
`
`27.
`
`39. Withanawasam in view of Bachmann also fails to disclose element 20(h),
`
`“an update program to obtain an updated state based on a previous state associated
`
`with the first signal set and a measured state associated with said second signal set.
`
`Dr. Sarrafzadeh seemingly asserts that Bachmann’s
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