Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS INC.
`Petitioner
`
`v.
`
`CYWEE GROUP LTD.
`Patent Owner
`
`Case IPR2019 -00559
`Patent No. 8,441,438
`
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §§ 311 -319 AND 37 C.F.R. § 42.100 ET. SEQ.
`
`EXHIBIT
`
`ao37
`
`
`U.S. Patent No. 8,441,438
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS INC.
`Petitioner
`
`v.
`
`CYWEE GROUP LTD.
`Patent Owner
`
`Case IPR2019 -00559
`Patent No. 8,441,438
`
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §§ 311 -319 AND 37 C.F.R. § 42.100 ET. SEQ.
`
`EXHIBIT
`
`ao37
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`TABLE OF CONTENTS
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`TABLE OF EXHIBITS
`
`NOTICE OF LEAD AND BACKUP COUNSEL
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`NOTICE OF THE REAL- PARTIES -IN- INTEREST
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`NOTICE OF RELATED MATTERS
`
`NOTICE OF SERVICE INFORMATION
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`GROUNDS FOR STANDING
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`THRESHOLD REQUIREMENT FOR INTER PARTES REVIEW
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`I.
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`INTRODUCTION
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`A.
`
`Prosecution History and Issued Claims
`
`II.
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`CLAIM CONSTRUCTION
`Claim 1- "Comparison"
`Claim 1- "spatial pointer reference frame"
`Ground 1. Claims 1 and 3 -5 are obvious over Zhang in view of Bachmann.
`
`A.
`
`B.
`
`Overview of the Combination
`
`Rationale for the Combination
`
`Ability to Implement and Reasonable Expectation of Success
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`Graham Factors
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`Claim Mapping
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`III. CONCLUSION
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`CERTIFICATE OF SERVICE
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`CERTIFICATE OF WORD COUNT
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`2
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`3
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`4
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`5
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`5
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`18
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`21
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`22
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`32
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`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`TABLE OF EXHIBITS
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`Exhibit No.
`
`Description
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`1001
`
`1002
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`1003
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`1004
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`1005
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`1006
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`1007
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`1008
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`1009
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`1010
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`1011
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`U.S. Pat. No. 8,441,438 ( "the '438 patent ").
`
`Declaration of Professor Majid Sarrafzadeh.
`
`C.V. of Professor Majid Sarrafzadeh.
`
`U.S. Pat. No. 7,089,148 ( "Bachmann ").
`
`U.S. Pat. App. Pub. 2004/0095317 ( "Zhang ").
`
`U.S. Pat. 7,158,118 ( "Liberty ").
`
`Return of Service for Cywee Group Ltd. v. Google, Inc., Case No.
`1- 18- cv- 00571, (D. Del.).
`
`Return of Service for Cywee Group Ltd v. Huawei Technologies
`Co., Inc. et al., Case No. 2- 17 -cv- 00495, (E.D. Tex.).
`
`File History of U.S. Pat. App. 12/943,934.
`
`Joint Claim Construction and Prehearing Statement in Cywee
`Group Ltd. v. Samsung Electronics Co. Ltd. et al., Case No. 2-17 -
`
`cv- 00140, (E.D. Tex.).
`
`Exhibit D (Claim chart with of U.S. Pat. No. 8,441,438) to
`CyWee's Complaint in Cywee Group Ltd. v. Google, Inc., Case No.
`
`1- 18 -cv- 00571, (D. Del.)
`
`1012
`
`Institution Decision for IPR2018 -01258 (paper 7).
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`3
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`LG Electronics Inc. ( "Petitioner ") respectfully requests inter partes review
`
`under 35 U.S.C. § 311 of claims 1 and 3 -5 of U.S. Pat. No. 8,411,438. This Petition
`
`is being submitted concurrently with a Motion for Joinder. Specifically, Petitioner
`
`requests institution and joinder with Google LLC v. Cywee Group Ltd., IPR2018-
`
`01258 ( "the Google IPR" or "the Google proceeding "), which the Board instituted
`
`on December 11, 2018. This Petition is substantially identical to the Petition in the
`
`Google IPR; it contains the same grounds (based on the same prior art combinations
`
`and supporting evidence) against the same claims. Petitioner authorizes the Office
`
`to charge Account No. 50 -0310 for fees set forth in 37.C.F.R. § 42.15(a), and further
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`authorizes payment of additional fees to be charged to that Account.
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`NOTICE OF LEAD AND BACKUP COUNSEL
`
`Lead Counsel: Collin W. Park (Reg. No. 43,378); Tel: 202.739.3000;
`
`Facsimile: 202.739.3001.
`
`Backup Counsel: Andrew V. Devkar (Reg. No. 76,671); Tel: 310.255.9070
`
`Backup Counsel: Jeremy Peterson (Reg. No. 52,115); Tel: 202.739.3000.
`
`Backup Counsel: Adam D. Brooke (Reg. No. 58,922); Tel: 202.739.3000
`
`Address of lead counsel: Morgan, Lewis & Bockius, LLP, 1111 Pennsylvania
`
`Ave., N.W., Washington, D.C. 20004 -2541. Facsimile: 202.739.3001.
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`4
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`NOTICE OF THE REAL -PARTIES -IN- INTEREST
`
`The real- parties -in- interest are LG Electronics Inc., and LG Electronics
`
`U.S.A., Inc.' Petitioner further identifies as real- parties -in- interest the parties
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`identified in IPR2018 -01258 (to which this petition seeks joinder): Google LLC,
`
`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., Huawei Device (Hong Kong) Co. Ltd.
`
`NOTICE OF RELATED MATTERS
`
`The '438 patent is asserted in the following matters:
`
`Cywee Group Ltd. v. Google, Inc., Case No. 1- 18 -cv- 00571, (D. Del.);
`
`Cvii'ee Group Ltd. y. ZTE Corporation et al., Case No. 3- 17 -cv- 02130,
`
`(S.D. Cal.);
`
`Cywee Group Ltd. v. HTC Corporation et al., Case No. 2- 17 -cv- 00932,
`
`(W.D. Wash.);
`
`Cywee Group Ltd. v. Motorola Mobility LLC, Case No. 1- 17 -cv- 00780,
`
`(D. Del.);
`
`LG Electronics MobileComm U.S.A., Inc. merged into and is now part of LG
`
`Electronics U.S.A., Inc.
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`5
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`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`Cywee Group Ltd. v. Huawei Technologies Co., Inc. et al., Case No. 2-
`
`17-cv- 00495, (E.D. Tex.);
`
`Cywee Group Ltd. v. LG Electronics, Inc. et al., Case No. 3- 17 -cv-
`
`01102, (S.D. Cal.);
`
`Cywee Group Ltd. v. Samsung Electronics Co. Ltd. et al., Case No. 2-
`
`17 -cv- 00140, (E.D. Tex.);
`
`Cywee Group Ltd. v. Apple Inc., Case No. 4- 14- cv- 01853, (N.D. Cal.).
`
`Also, as noted above, the '438 patent has been challenged in the Google IPR
`
`Proceeding. Petitioner is concurrently filing a motion to join this proceeding. The
`
`'438 patent is also at issue in ZTE (USA) Inc. et al. v. Cywee Group Ltd., IPR2019-
`
`00143, and in Samsung Electronics Co., Ltd. et al v. CyWee Group Ltd., IPR2019-
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`00535. Petitioner is also concurrently filing a petition challenging claims 10 and 12
`
`of U.S. Patent No. 8,552,978 (IPR2019- 00560) along with a motion to join Google
`
`LLC v. Cywee Group Ltd., IPR2018- 01257, which the Board instituted on December
`
`11, 2018.
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`NOTICE OF SERVICE INFORMATION
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`Please address all correspondence to the lead counsel at the addresses shown
`
`above. Petitioner consents to electronic service by email at:
`
`collin.park @morganlewis.com;
`
`andrew .devkar@morganlewis.com;
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`ieremy .peterson @morganlewis.com;
`
`adam.brooke @morganlewis.com; and
`
`MLB_CyWeevsLGE @morganlewis.com.
`
`GROUNDS FOR STANDING
`
`Petitioner hereby certifies that the patent for which review is sought is
`
`available for inter partes review, and that the Petitioner is not barred or estopped
`
`from requesting an inter partes review on the grounds identified in the petition. In
`
`particular, inter partes review IPR2018 -01258 was instituted on December 11, 2018
`
`(Ex. 1012) and this petition is accompanied by a request for joinder in that review,
`
`pursuant to 37 CFR § 42.122(b).
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`Petitioner respectfully requests that claims 1 and 3 -5 of the '438 patent be
`
`canceled based on the following Ground.
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`Ground 1: Claims 1 and 3 -5 are obvious over Zhang in view of Bachmann.
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`THRESHOLD REQUIREMENT FOR INTER PARTES REVIEW
`
`This petition presents "a reasonable likelihood that the Petitioners would
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`prevail with respect to at least one of the claims challenged in the petition ", 35 U.S.C.
`
`§ 314(a), as shown in the Ground explained below.
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`I.
`
`INTRODUCTION
`
`The present petition is supported by the declaration of Prof. Majid Sarrafzadeh
`
`(Ex. 1002). Professor Sarrafzadeh holds the title of Distinguished Professor of
`
`Computer Science & Electrical Engineering at the University of California, Los
`
`Angeles. Professor Sarrafzadeh's CV is included as Exhibit 1003.
`
`The '438 patent relates to 3D pointing devices. (Ex. 1001, Title). The '438
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`patent describes the function of a 3D pointing device as allowing a user to "perform
`
`control actions and movements utilizing the pointing device for certain purposes
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`including entertainment such as playing a video game, on the display device ...
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`through the aforementioned pointer on the screen ". (Ex. 1001, 1:48- 51)(Ex. 1002,
`
`¶25). For example, a 3D pointing device could be a kind of computer mouse that
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`detects movements and rotations of the mouse in three dimensions, allowing the
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`movements and rotations to be translated into actions on a computer. (Ex. 1001,
`
`1:32- 34)(Ex. 1002, ¶25). An example of such a device 110 (and a corresponding
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`display 120) is shown in Fig. 1 of the '438 patent, reproduced below:
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`8
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`' XD
`
`120
`
`122
`
`FIG.
`
`zp
`
`1
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`(RELATED ART)
`
`To keep track of the motions and rotations of a 3D pointing device, the '438
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`patent proposes using two kinds of sensors: rotation sensors (for detecting the
`
`angular velocity of rotation) and accelerometers (for detecting axial accelerations).
`
`(Ex. 1001, Fig. 4)(Ex. 1002, ¶26). These sensors are mounted in or on the 3D
`
`pointing device, and provide information on the movements and rotations of the
`
`device. (Ex. 1002, ¶26).
`
`The '438 patent also purports to provide methods of using data output from
`
`the rotation sensors and accelerometers to calculate the orientation of the 3D
`
`pointing device. (Ex. 1001, 4:6- 19)(Ex. 1002, ( ¶27). The "orientation" of the device
`
`(also called the "attitude" or "tilt" of the device) is the direction of the device, e.g.
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`9
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`the angles between the device and the axes of any given coordinate system.2 (Ex.
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`1001, 1:58- 2:2)(Ex. 1002, ¶27). For example, Fig. 2 of the '438 patent shows the
`
`same device 110 in a different "orientation ", having been rotated about the x -axis by
`
`90 degrees:
`
`FIG. 2 (RELATED ART)
`
`(Ex. 1001, 2:7- 10)(Ex. 1002, ¶27).
`
`While the '438 patent acknowledges the existence of prior -art 3D pointers
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`using sensors to detect and calculate orientation, the '438 patent criticizes the
`
`specific devices mentioned as allegedly unable to calculate orientation accurately.
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`2 Orientation may be expressed in a number of equivalent ways, such as with a
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`quaternion. (Ex. 1002, ¶ 1128 -31).
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`10
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`(Ex. 1001, 2:22- 3:51)(Ex. 1002, ¶32). The '438 patent purports to provide a solution
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`to the alleged deficiencies of the prior art, by using additional sensors and
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`"compensating" the output of the sensors to improve the accuracy of the orientation
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`calculation. (Ex. 1001, 1:21 -26).
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`To "compensate" the output of the sensors, the '438 patent discloses a
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`mathematical method using quaternions. (Ex. 1001, 10:42 et seq.)(Ex. 1002, ¶34).
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`As explained by Professor Sarrafzadeh, a "quaternion" is a way to represent an
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`orientation (rotation angles) using a four -valued vector. (Ex. 1002, ¶34). Quaternion
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`math operations (such as multiplication) are defined differently than for standard
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`vectors, and can sometimes be used for efficient calculation of rotations. (Ex. 1002,
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`¶ ¶30 -32).
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`11
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`A basic sketch of a '438 patent method is shown in Fig. 7, which is reproduced
`
`at right. The method of Fig. 7
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`obtains measured angular velocities
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`at step 715 (Ex. 1001, 12:31 -35) and
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`705
`
`Initialize an initia1-value
`set
`
`710
`
`Obtain o previous state
`(1st quaternion) at T -1
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`measured axial accelerations in step
`
`715 -L
`
`vveltahemteatTd
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`angular
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`725 (Ex. 1001, 12:64- 13:1). The
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`method then calculates a predicted
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`set of axial accelerations at step 730.
`1
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`(Ex. 1001, 13 :1 -11). By comparing
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`the
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`actual
`
`and
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`predicted
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`720
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`Obtain a current state
`(2nd quaternion) at T
`
`725 ,
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`Obtain "measured axial
`accelerations" of a
`measured state at T
`
`Output 3rd quaternion
`m
`{o l
`e
`si quaternion
`
`Obtain resultant
`deviation including yaw,
`pitch and roll ongles
`
`-
`
`740
`
`745
`
`730 -,
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`Calculate 'predicted axial
`accelerations" based on
`current state at T
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`accelerations (step 735), the method
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`735
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`purports to improve the estimate of
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`Obtain an updated state
`(3rd quaternion) by
`comparing current state
`with measured state
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`orientation (in this case called the
`
`FIG.
`
`7
`
`"updated state (3rd quaternion)" in box 735). (Ex. 1001, 13:25- 49)(Ex. 1002,111133-
`
`34).
`
`A. Prosecution History and Issued Claims
`
`This petition challenges independent claim 1 and dependent claims 3 -5. As
`
`originally filed, claim 1 read as follows (with terms that will be discussed below in
`
`bold):
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`12
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`"1. A three -dimensional (3D) pointing device subject to movements
`
`and rotations in dynamic environments, comprising:
`
`a housing associated with said movements and rotations of the 3D
`
`pointing device in a spatial pointer reference frame; a printed circuit
`
`board (PCB) enclosed by the housing; 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 cox, coy, coz associated with
`said movements and rotations of the 3D pointing device in the spatial
`pointer reference frame,
`
`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
`
`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,
`communicating with the six -axis motion sensor module to calculate
`a resulting deviation comprising resultant angles in said spatial
`pointer reference frame 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."
`
`13
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`(Ex. 1009, p. 223). Broadly speaking, original claim 1 was directed to a 3D pointing
`
`device that measured angular velocities (a first signal set) and axial accelerations (a
`
`second signal set), and used a "comparison to compare the first signal set with the
`
`second signal set" to obtain deviation angles (i.e. the device's orientation).
`
`The Examiner rejected all claims in two different office actions. (Ex. 1009,
`
`pp. 134 -148 and 066 -091). In response to the second rejection, the applicants
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`modified claim 1 to limit the claimed "comparison ". Specifically, the applicants
`
`added the following limitation:
`
`"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; wherein the
`measured state includes a measurement of said second signal set and a
`predicted measurement obtained based on the first signal set."
`
`(Ex. 1009, p. 050).
`
`Following this amendment, the Examiner issued an Interview Summary,
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`indicating agreement that "the pending claims would be in condition for allowance
`
`if the limitation `without using any derivatives of the measured angular velocities
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`cox, coy, co,' was inserted into each of the independent claims." (Ex. 1009, p. 030).
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`The Examiner entered the amendment, and allowed the claims. (Ex. 1009, pp. 029-
`
`042).
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`14
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`As issued, independent claim 1 reads as follows:
`
`"1. A three -dimensional (3D) pointing device subject to movements
`
`and rotations in dynamic environments, comprising:
`
`a housing associated with said movements and rotations of the 3D
`
`pointing device in a spatial pointer reference frame; a printed circuit
`
`board (PCB) enclosed by the housing; 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 wa, c,, c0,, associated with said movements and rotations of
`the 3D pointing device in the spatial pointer reference frame,
`
`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
`
`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,
`
`communicating with the six -axis motion sensor module to calculate
`
`a resulting deviation comprising resultant angles in said spatial pointer
`
`reference frame 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,
`
`15
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`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; 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."
`
`II.
`
`CLAIM CONSTRUCTION
`
`In the interest of filing a substantially identical petition to that of IPR2018-
`
`01258
`
`(to which this petition seeks joinder), Petitioner proposes identical
`
`constructions
`
`to
`
`those proposed by original petitioner Google. However,
`
`recognizing that the Board has construed the terms in instituting IPR2018- 01258,
`
`Petitioner consents to the Board's constructions therein.
`
`Moreover, while the claim construction standard has changed from BRI to
`
`Phillips for petitions filed after November 13, 2018, the Board should apply the BRI
`
`standard to the instant petition because Petitioner is simply seeking joinder as a co-
`
`petitioner to the Google proceeding. If the Board deems that its rule(s) require
`
`application of the Phillips standard to this petition, Petitioner seeks waiver of such
`
`rule(s) pursuant to 37 C.F.R. § 42.5(b). Alternatively, even if the Phillips standard
`
`is deemed to apply to this petition, Petitioner submits that the Board's constructions
`
`16
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
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`should be the same and would apply in the same manner in all aspects of the petition
`
`and decision instituting IPR2018- 01258.
`
`"A claim in an unexpired patent shall be given its broadest reasonable
`
`construction in light of the specification of the patent in which it appears ". 37 C.F.R.
`
`§42.100(b); Cuozzo Speed Techs., LLC v. Lee, 195 L. Ed. 2d 423 (2016). For this
`
`proceeding, claim terms are presumed to take on their broadest reasonable ordinary
`
`meaning, which is explained in certain instances below. The constructions below are
`
`for the purpose of this petition only, and Petitioner reserves the right to change these
`
`constructions as appropriate in future proceedings. Petitioner also does not concede,
`
`by seeking this petition, that the challenged claims are of definite scope or properly
`
`described under 35 U.S.C. §112.
`A. Claim 1- "Comparison"
`Claims 1 uses the term "comparison" in the phrase:
`
`"communicating with the six -axis motion sensor module to calculate a
`
`resulting deviation comprising resultant angles in said spatial pointer
`reference frame 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...."
`
`17
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`The specification describes the term "comparison" as follows:
`
`"The term of `comparison' of the present invention may generally
`refer to the calculating and obtaining of the actual deviation angles
`of the 3D pointing device 110 with respect to the first reference frame
`or spatial pointing frame XP Yr Zr utilizing signals generated by
`
`motion sensors while reducing or eliminating noises associated with
`
`said motion sensors."
`
`(Ex. 1001, 2 :26-32)(Emphasis added). This passage indicates that a "comparison" is
`
`"calculating and obtaining" orientation using signals from different motion sensors,
`whether or not any "comparison" of those signals -as that word is normally
`understood -is made. These calculations ultimately result in deviation angles with
`
`respect to the first reference frame or spatial pointing frame and utilize sensor signals
`
`in a way that reduces noise.
`
`For that reason, for the purposes of this petition, the term "comparison" should
`
`be construed to mean "performing calculations based on sensor signals to obtain the
`
`orientation of the device with respect to the spatial pointing frame in a way that
`
`reduces the effect of sensor noise." (Ex. 1002, ¶ ¶37 -39).
`B. Claim 1- "spatial pointer reference frame"
`Claim 1 uses the phrase "spatial pointer reference frame". This phrase should be
`
`interpreted to 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
`
`l8
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`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`always fixed with respect to the device ". (Ex. 1002, ¶ ¶40 -49). CyWee agreed to this
`
`construction during a co- pending litigation. (Ex. 1010, p. 2).
`
`The '438 patent states as follows concerning the spatial pointer reference
`
`frame:
`
`"There are two reference frames, such as the spatial pointer
`reference frame and the display frame, associated with the pointing
`
`device 110 and the display device 120, respectively. The first
`
`reference frame or spatial pointer reference frame associated with the
`
`pointing device 110 is defined by the coordinate axes Xr, Yr and Zr
`
`as shown in FIG. 1."
`
`(Ex. 1001, 1:35- 1:41)(Emphasis added)(Ex. 1002, ¶41). Thus, the "spatial pointer
`
`reference frame" is shown by the coordinate axes XP, Yr and Zr in Fig. 1. Figure 1
`
`is reproduced here:
`
`120
`
`122
`
`110
`
`111
`
`4
`FIG. 1
`
`112
`
`(RELATED ART)
`
`19
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`(Ex. 1002, ¶43). As can be seen from Fig. 1, the spatial pointer reference frame is a
`
`reference frame associated with the 3D pointing device, which has its origin at a
`
`point in the device. (Ex. 1002, ¶43).
`
`Furthermore, as shown in Fig. 2, when the device is rotated, the axes Xp, Yp
`
`and Zp rotate with the device. (Ex. 1002, ¶44). Figure 2 is reproduced below, and
`
`shows a 90- degree roll of the device, with correspondingly rotated axes Yp and Zp:
`
`Zo
`
`>x
`
`120
`
`122
`
`YP
`
`110
`
`111
`
`FIG. 2 (RELATED ART)
`
`(Ex. 1002, ¶ 144 -45). For that reason, in the spatial pointer reference frame,
`
`the origin and axes of the frame stay fixed with respect to the device. (Ex. 1002,
`
`¶114548).Thus, the phrase "spatial pointer reference frame" should both be
`
`interpreted to 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" (Ex. 1002, ¶ ¶40 -49).
`
`20
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`Ground 1. Claims 1 and 3 -5 are obvious over Zhang in view of Bachmann.
`
`Claims 1 and 3 -5 are unpatentable as obvious over U.S. Pat. App. Pub.
`
`2004/0095317
`
`( "Zhang ")(Ex. 1005),
`
`in view of U.S. Pat. No. 7,089,148
`
`("Bachmann")(Ex. 1004).
`
`Zhang was published on May 20, 2004, and is thus prior art under pre -AIA
`
`35 U.S.C. §102(b). Bachmann issued on August 8, 2006, and is thus also prior art
`
`under pre -AIA 35 U.S.C. §102(b). Zhang and Bachmann are analogous art, because
`
`they are in the same field and reasonably related to the problems facing the named
`
`inventors, as shown by the discussion below.
`
`Neither Zhang nor Bachmann are listed as prior art of record on the face of
`
`the '438 patent.
`
`21
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`Overview of the Combination
`
`Independent claim 1
`
`is directed to a 3D pointing device for compensating
`
`rotations of a 3D pointing device. The combination of Zhang and Bachmann, broadly
`
`speaking, uses Zhang's 3D pointing device together with Bachmann 's extra sensors
`
`and method for compensating rotations.
`
`Zhang teaches "a handheld pointing
`
`710 `k
`
`I
`
`,
`',
``
`
`', V -10
`
`200
`
`L-.,
`
`610
`
``\
`'
`
`100
`
`50
`
`103-
`102
`
`i_i 101
`
`o
`o
`
`FIG. 2
`
`the ' -
`
`device" that is used for a "computer pointing
`
`control system ". (Ex. 1005, Abstract)(Ex.
`
`i 002, ¶50). Such a computer pointing control
`
`720
`
`system is shown, for example, in Fig. 2 of
`
`600
`
`Zhang (reproduced at right), where
`
`handheld device (a 3D pointer) has reference
`
`numeral 100. (Ex. 1002, ¶51).
`
``-
`.010.4
`
`,- 620
`
`7001
`
`Inside Zhang's device 100, there are several sensors that detect the orientation
`
`of the device. 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)(Ex. 1002, ¶51).
`
`22
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`Zhang discloses that the device 100 has several different orientation sensors.
`
`The orientation sensors are arranged on a circuit board in the housing of the device,
`
`as shown in Fig. 3 of Zhang, reproduced at
`
`101
`
`102
`
`103
`
`right. In Fig. 3, numeral 160 is the circuit
`
`board, while numerals 120 and 130 are
`
`Y
`
`sensors. (Ex. 1005, ¶0025)(Ex. 1002, ¶53).
`
`Numeral 120 is "a two -axis magnetic field
`
`sensor 120 [that]
`
`is used to detect the
`
`device's orientation relative to the direction
`
`of the earth's magnetic field 25." (Ex. 1005,
`
`FIG. 3
`
`¶0026)(Ex. 1002, ¶ 1153 -56). Numeral 130 is an "accelerometer sensor 130 [that]
`
`contains two orthogonally arranged acceleration detectors." (Ex. 1005, ¶0027)(Ex.
`
`1002, 7153 -56). Numeral 110 is a microcontroller for performing calculations. (Ex.
`
`1005, ¶0025)(Ex. 1002, 111153 -56).
`
`23
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`A system diagram of Zhang's device 100 is shown in Fig. 5, reproduced below
`
`at right. (Ex. 1005, ¶0029)(Ex. 1002,
`
`100
`
`U56-57). In Fig. 5, the two sets of two
`
`sensors
`
`(magnetometers
`
`120
`
`and
`
`accelerometers 130) are shown on the
`
`101\
`
`102\I
`
`103 \I
`
`140
`
`50
`
`Transmitter
`
`Modulator
`
`MCU
`
`113
`
`left side (the Petitioner has place a red -
`
`C.--1 121
`120 i
`
`122 ,r,'
`
`dashed box around the numerals 120 and
`
`130). These sensors output signals to
`
`circuits 111 -112, 121 -124 and 131 -134.
`
`(Ex. 1005, (110029)(Ex. 1002, ¶56 -57).
`
`These circuits condition
`
`the sensor
`
`output, convert it to digital format, and
`
`124
`
`¡
`
`Filter 1
`
`AMP
`
`123
`
`Filter
`
`-_
`132 1_
`
`I!YO131
`
`r
`
`AMP
`
`Filter
`
`171
`r
`
`170
`
`AMP
`
`133-
`
`Filter ` 134
`
`fir
`
`Battery
`Manage
`Unit
`
`FIG. 5
`
`pass the digital data to the microcontroller (MCU) 110. (Ex. 1005, ¶0029)(Ex. 1002,
`
`¶56 -57). The MCU 110 determines the device's orientation, including azimuth and
`
`inclination angles (yaw and pitch). (Ex. 1005, ¶0029)(Ex. 1002, ¶56 -57). These
`
`angles are shown in Fig. 4(a) and 4(b), reproduced below.
`
`24
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`25
`
`300
`
`320
`
`s
`
`X
`
`120
`
`22
`
`.. I
`_--
`
`r r
`
`FIG. 4a
`
`300
`
`!
`
`320
`
`"31
`
`32
`
`CO
`
`61A1 >
`
`26
`
`FIG. 4b
`
`(Ex. 1002, ¶55). After Zhang's device calculates its own orientation, Zhang's system
`
`translates those angles into a display command (e.g. moving a cursor), by translating
`
`the angles into screen coordinates. (Ex. 1005, ¶ ¶0024, 0030)(Ex. 1002, ¶55 -57).
`
`Zhang's primary embodiment has a four -axis sensor module (compared to the
`
`"six -axis sensor module" required by claim 1). However, Zhang explains that more
`
`sensors can be used, and that different kinds of sensors can be used. For example,
`
`Zhang states that gyro sensors (angular rate sensors) could be used:
`
`25
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`"The orientation sensors' mechanisms are shown in FIGS. 4a and 4b.
`The orientation sensor demonstrated in FIG. 4a is a magnetic field
`sensor, whereas the one in FIG. 4b is an accelerometer sensor.
`However, the orientation detection may not be limited to these
`types of sensors. Other sensors, for example, a gyro sensor, can also
`be used in the pointing control system."
`
`(Ex. 1005, ¶0026)(Emphasis added)(Ex. 1002, ¶58). Zhang also mentions that
`
`accelerometers, magnetometers and gyro (angular rate) sensors can be used in
`
`combination. (Ex. 1005, 710006, 0026, claim 2)(Ex. 1002, ¶ 1158 -60).
`
`Bachmann, in turn, provides an example of a nine -axis sensor system that
`
`combines accelerometers, magnetometers and angular
`
`rate detectors
`
`(e.g.,
`
`gyroscopes), as suggested by Zhang. Bachmann, for example, states:
`
`"In
`the magnetometers
`another
`sensor
`embodiment,
`and
`accelerometers are supplemented with angular rate detectors
`configured to detect the angular velocity of the sensor (comprising so-
`called Magnetic, Angular Rate, Gravity (MARG) sensors). Each
`MARG sensor contains angular rate detectors, accelerometers, and
`magnetometers."
`
`(Ex. 1004, 7:34- 40)(Emphasis added)(Ex. 1002, ¶61). In Bachmann's system, each
`
`type of sensor is a three -axis sensor, making the entire system (3 sensor types x 3
`
`axes per type) a nine -axis system. (Ex. 1002, ¶62).
`
`26
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`Bachmann teaches combining sensor data using an attitude estimation filter to
`
`produce an estimate of the orientation of a tracked object. Bachmann explains:
`
`"[T]he filter inputs are from a three -axis accelerometer (h1 h2 h3) 31,
`a three -axis magnetometer (b1 b2 b3) 32, and a three -axis angular
`rate sensor (p, q, r) 33. Its output is a quaternion representation of the
`orientation of the tracked object q 39."
`
`(Ex. 1004, 10:10- 14)(Emphasis added)(Ex. 1002, ¶63). Bachmann thus takes the
`
`output of the accelerometer, magnetometer and angular rate sensors, and uses these
`
`sensor outputs to calculate an orientation of a tracked device. (Ex. 1002, ¶64).
`
`To calculate the orientation from sensor inputs, Bachman uses a filter.
`
`Bachmann's filter employs the claimed calculations of the '438 patent. (Ex. 1002,
`3S
`34'
`3..f
`
`.9X7
`
`¶65). A control diagram
`
`of Bachmann's
`
`filter
`
`.4l'CEC4vix,-AzIv
`(-44 4,-)
`
`444,44-47.
`
`4-0
`
`process is shown in Fig.
`
`3, reproduced at right,
`
`where the Petitioner has
`
`.4guE,mos-KP.s
`'4 62 45.0)
`
`fx'xj x7- ------.3.
`
`drawn a red- dashed box
`
`around the output, q, in
`
`A,u6,44.°-
`rag")
`
`the lower right.
`
`.f
`
`27 27
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,441,438
`
`(Ex. 1004, Fig. 3)(Ex. 1002, ¶65). The output q is a quaternion representing the
`
`orientation of the tracked object in space. (Ex. 1004, 10:10- 14)(Ex. 1002, ¶65).
`
`Bachmann's filter as shown in Fig. 3 receives inputs from three sets of sensors
`
`(accelerometers, magnetometers and angular -rate sensors) marked 31, 32 and 33, on
`
`the left side of Fig. 3. (Ex. 1004, 10:10- 14)(Ex. 1002, ¶66). These sensors are shown
`
`in red -dashed boxes, below:
`3
`r-i
`are,q~r
`fr, P _)
`
`/3o,ó,bsf
`/r?
`
`-F67'1
`
`-7
`
`. ® .41
`
`1-14,9-/A-5v7
`
`,
`
`1
`
`,,E.srE,es
`(-4 4, 64)
`
`r 1
`
`z
`- _ _ - 7
`,
`AT..f/.;-- /4i47.>
`lp')
`
`.G.r16G1,4.P-
`
`I
`
`(Ex. 1002, ¶66).
`
`The out
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