`U.S. Patent No. 8,552,978
`
`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 -00560
`Patent No. 8,552,978
`
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §§ 311 -319 AND 37 C.F.R. § 42.100 ET SEQ.
`
`EXHIBIT
`
`l-,,e.. an 38
`L-..))-/40-4/S
`
`
`
`TABLE OF CONTENTS
`
`Page
`
`TABLE OF EXHIBITS
`
`NOTICE OF LEAD AND BACKUP COUNSEL
`
`NOTICE OF THE REAL- PARTIES -IN- INTEREST
`
`NOTICE OF RELATED MATTERS
`
`NOTICE OF SERVICE INFORMATION
`
`GROUNDS FOR STANDING
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`THRESHOLD REQUIREMENT FOR INTER PARTES REVIEW
`
`I.
`
`INTRODUCTION
`
`A.
`
`Prosecution History and Issued Claims
`
`II.
`
`CLAIM CONSTRUCTION
`Claim 10- "spatial reference frame" and similar terms
`Claim 1 0-"rotation output"
`
`B.
`
`A.
`
`GROUNDS
`
`Ground 1. Claims 10 and 12 are obvious over Zhang in view of Bachmann.
`
`Overview of the Combination
`
`Rationale for the Combination
`
`Ability to Implement and Reasonable Expectation of Success
`
`Graham Factors
`
`Claim Mapping
`
`Ground 2. Claims 10 and 12 are unpatentable over Liberty in view of
`Bachmann.
`
`Overview of the Combination
`
`-i-
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`1
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`2
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`3
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`3
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`4
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`5
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`5
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`5
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`6
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`10
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`12
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`14
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`16
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`17
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`17
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`18
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`28
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`35
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`37
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`37
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`5 8
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`59
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`
`
`TABLE OF CONTENTS
`(continued)
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`Rationale for the Combination
`
`Ability to Implement and Reasonable Expectation of Success
`
`Difference Between the Combination and Prior Discussion of Liberty
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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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`Page
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`65
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`74
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`TABLE OF EXHIBITS
`
`Exhibit No.
`
`Description
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`U.S. Pat. No. 8,552,978 ( "the '978 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.).
`
`1009
`
`File History of U.S. Pat. App. 13/176,771.
`
`1010
`
`1011
`
`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 E (Claim chart with of U.S. Pat. No. 8,552,978) to
`CyWee's Complaint in Cywee Group Ltd. v. Google, Inc., Case
`No. 1- 18 -cv- 00571, (D. Del.)
`
`1012
`
`Institution Decision for IPR2018 -01257 (paper 8)
`
`1
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`LG Electronics Inc. ( "Petitioner ") respectfully requests inter partes review
`
`under 35 U.S.C. §311 of claims 10 and 12 of U.S. Pat. 8,552,978 ( "the '978
`
`patent "). 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 -01257 ( "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 authorizes payment of additional fees to be
`
`charged to that Account.
`
`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.
`
`2
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`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`NOTICE OF THE REAL -PARTIES -IN- INTEREST
`
`The real- parties -in- interest for this petition are LG Electronics Inc. and LG
`
`Electronics U.S.A., Inc.' Petitioner further identifies as real- parties -in- interest the
`
`parties identified in IPR2018 -01257 (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 '978 patent is asserted in the following matters:
`
`Cywee Group Ltd. v. Google, Inc., Case No. 1- 18- cv- 00571, (D. Del.);
`
`Cywee Group Ltd. v. 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.
`
`3
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`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 '978 patent has been challenged in the Google IPR
`
`Proceeding. Petitioner has concurrently filed a motion to join this proceeding. The
`
`'978 patent is also at issue in Samsung Electronics Co., Ltd. et al v. CyWee Group
`
`Ltd., IPR2019- 00534. Petitioner is also concurrently filing a petition challenging
`
`claims 1 and 3 -5 of U.S. Patent No. 8,441,438 (IPR2019- 00559) along with a
`
`motion to join Google LLC v. Cywee Group Ltd., IPR2018- 01258, which the
`
`Board instituted on December 11, 2018.
`
`NOTICE OF SERVICE INFORMATION
`
`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.corn;
`
`ieremv .peterson@morganlewis.com;
`
`4
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`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 -01257 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 10 and 12 of the '978 patent be
`
`canceled based on the following grounds:
`
`Ground 1: Claims 10 and 12 are obvious over Zhang and Bachmann.
`
`Ground 2: Claims 10 and 12 are obvious over Liberty and Bachmann.
`
`THRESHOLD REQUIREMENT FOR INTER PARTES REVIEW
`
`This petition presents "a reasonable likelihood that the Petitioners would
`
`prevail with respect to at least one of the claims challenged in the petition ", 35
`
`U.S.C. §314(a), as shown in the Grounds explained below.
`
`5
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`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 '978 patent relates to 3D pointing devices. (Ex.1001, Title). The '978
`
`patent describes the function of a 3D pointing device as "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)(Ex.1002,
`
`¶26). For example, a 3D pointing device could be a kind of computer mouse that
`
`detects movements and rotations of the mouse in three dimensions, allowing the
`
`movements and rotations to be translated into actions on a computer. (Ex.1001,
`
`1:52- 61)(Ex.1002, ¶26). An example of such a device 110 (and a corresponding
`
`display 120) is shown in Fig. 1 of the '978 patent, reproduced below:
`
`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
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`120
`
`.`
`
`- 122
`
`i
`
`Xp
`
`--113
`
`112
`
`(RELATED ART)
`
`110
`
`111 -f,
`
`FIG.
`
`Zr
`
`1
`
`To keep track of the motions and rotations of a 3D pointing device, the '978
`
`patent proposes using three kinds of sensors: 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)(Ex.1002,
`
`¶27). These sensors are mounted in or on the 3D pointing device, and provide
`
`information on the movements and rotations of the device. (Ex.1002, ¶27).
`
`The '978 patent also purports to provide methods of using data output from
`
`the rotation sensors, accelerometers and magnetometers to calculate the orientation
`
`of the 3D pointing device. (Ex.1001, 4:15- 57)(Ex.1002, ¶28). The "orientation" of
`
`the device (also called the "attitude" or "tilt" of the device) is the direction of the
`
`device, e.g. the angles between the device and the axes of any given coordinate
`
`system.' (Ex.1001, 1:62- 64)(Ex.1002, ¶28). For example, Fig. 2 of the '978 patent
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`7
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
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`shows the same device 110 in a different "orientation ", having been rotated about
`
`the x -axis by 90 degrees:
`
`X
`
`120
`
`122
`
`112
`
`110 104
`
`111
`
`113
`
`FIG. 2 (RELATED ART)
`
`(Ex.1001, 2:11- 14)(Ex.1002, ¶28).
`
`While the '978 patent acknowledges the existence of prior -art 3D pointers
`
`using sensors to detect and calculate orientation, the '978 patent criticizes the
`
`specific devices mentioned as allegedly unable to calculate orientation accurately.
`
`(Ex.1001, 2:41- 3:52)(Ex.1002, ¶33). The
`
`'978 patent purports to provide a
`
`solution2 to the alleged deficiencies of the prior art, by using additional sensors and
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`' Orientation may be expressed in a number of equivalent ways, such as with a
`
`quaternion. (Ex. 1002. ¶ 1130 -32).
`
`8
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
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`"compensating" 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
`
`mathematical method using quaternions. (Ex.1001, 16:5 et seq.)(Ex.1002, ¶34). As
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`explained by Professor Sarrafzadeh, a "quaternion" is a way to represent an
`
`orientation (rotation angles) using a four- valued vector. (Ex.1002, ¶ ¶30 -32).
`
`Quaternion math operations (such as multiplication) are defined differently than
`
`for standard vectors, and can sometimes
`
`be used for efficient calculation of
`
`rotations. (Ex.1002, ¶ ¶30 -32).
`
`A basic sketch of the '978 patent
`
`method can be seen in Fig. 7, which is
`
`reproduced at right. The method of Fig. 7
`
`obtains measured angular velocities at
`
`IniGoltne m inkal -value
`eat
`
`710
`
`tlbiáir a prwioue ytote
`(1st oaten** at 1-1
`
`Obtain rnedured evict
`715 _f
`veixitirss of T
`
`step
`
`715
`
`(Ex.1001,
`
`16:27 -30)
`
`and
`
`720
`
`Main e current state
`(Yrd quatemîan) at T
`
`t 3rd guaternlon
`geatmion
`
`measured axial accelerations in step 725
`
`725
`
`(Ex.1001, 16:60 -64). The method then
`
`730
`
`calculates a predicted set of axial
`
`accelerations at step 730.
`
`(Ex.1001,
`
`17:2 -9). By comparing the actual and
`
`9
`
`Obtain nauIant
`Satiation Inducing yaw,
`pitch and rol reg et
`
`,x745
`
`Mob 'mound asid
`ocwkrotíard" of a
`measured state at T
`
`Oakdale predicted acni]
`acceleration" booed on
`cold t state at T
`
`L
`
`735-
`
`on updated sfate
`{Mein
`(3rd quaternion) by
`mewing swell sld!e
`with mearued state
`
`___.
`
`FIG. 7
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`predicted accelerations (step 735), the method purports to improve the estimate of
`
`orientation (called the "updated state (3rd quaternion)" in box 735). (Ex.1001,
`
`18:25- 55)(Ex.1002, ¶34).
`
`A.
`
`Prosecution History and Issued Claims
`
`This petition challenges independent claim 10 and dependent claim 12. As
`
`originally filed, claim 10 (then numbered claim 12), read as follows:
`
`"12. A method for compensating rotations of a 3D pointing device,
`comprising:
`
`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;
`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; 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."
`
`(Ex.1009, p. 044 -045). The claim was thus directed to generating a rotation output
`
`(i. e. output of rotation sensors), calculating orientation output, and then somehow
`
`"using" orientation output and rotation output to generate a "transformed output ".
`
`The Examiner initially rejected all original claims for double patenting, and
`
`as anticipated or obvious over U.S. Pat. Pub 2009/0262074 to Nasiri. (Ex.1009, pp.
`
`10
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
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`071 -089). The applicants responded by requesting an interview. (Ex.1009, pp. 060-
`
`066). In the interview request, the applicants' representative argued that Nasiri did
`
`not teach using a global reference frame associated with Earth, and that Nasiri
`
`"only briefly talks about `magnetometers' (Ex.1009, pp. 060 -066).
`
`The applicants then submitted an amendment. (Ex.1009, pp. 040 -055). In the
`
`amendment, the applicants modified claim 12 to add several limitations. First, the
`
`applicants added language to claim 12 requiring generating signal sets associated
`
`with accelerometers and magnetometers. (Ex.1009, pp. 044 -045). Second, the
`
`applicants specified that the "orientation output" must be "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 ". (Id.). Third, the applicants specified that "the orientation
`
`output and the rotation output is generated by a nine -axis motion sensor module ",
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`and that a "resultant deviation including a plurality of deviation angles" must be
`
`obtained "using" a "plurality of measured magnetisms Mx, My, Mz and a plurality
`
`of predicted magnetism Mx', My' and Mz' for the second signal set." (Id.).
`
`Following the amendment, the Examiner allowed the claims without further
`
`comment. (Ex.1009, pp. 024 -027). As issued, independent claim 10 reads as
`
`follows:
`
`"10. A method for compensating rotations of a 3D pointing
`device, comprising:
`
`11
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`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;
`
`generating [sic] a first signal set comprising axial accelerations
`associated with movements and rotations of the 3D pointing device in
`
`the spatial reference frame;
`
`generating a second signal set associated with Earth's magnetism;
`
`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;
`
`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; 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;
`
`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."
`
`II.
`
`CLAIM CONSTRUCTION
`
`In the interest of filing a substantially identical petition to that of IPR2018-
`
`01257
`
`(to which this petition seeks joinder), Petitioner proposes
`
`identical
`
`constructions
`
`to those proposed by original petitioner Google. However,
`
`12
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`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`recognizing that the Board has construed the terms in instituting IPR2018- 01257,
`
`Petitioner consents to the Board's constructions.
`
`Moreover, while the claim construction standard has changed from BRI to
`
`Phillips for petitions filed after November 13, 2018, the Board should apply the
`
`BM 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 should be the same and would apply in the same manner in all
`
`aspects of the petition and decision instituting IPR2018- 01257.
`
`"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.
`
`13
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`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`A.
`
`Claim 10- "spatial reference frame" and similar terms
`
`Claim 10 uses the phrases "spatial reference frame" and "spatial reference
`
`frame associated with the 3D pointing device ". These phrases 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 always fixed
`
`with respect to the device ". (Ex.1002, ¶37).
`
`The '978 patent states as follows concerning the spatial 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 XP, YP
`
`and ZP as shown in FIG. 1."
`
`(Ex.1001, 1:39- 1:45)(Emphasis added)(Ex.1002, ¶40). Thus, the "spatial pointer
`
`reference frame" is shown by the coordinate axes XP, YP and ZP in Fig. 1. Figure 1
`
`is reproduced here:
`
`14
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`Zp
`
`FIG. 1
`
`(RELATED ART)
`
`(Ex.1002, ¶41). 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, ¶ 1141 -45).
`
`Furthermore, as shown in Fig. 2, when the device is rotated, the axes XP, YP
`
`and ZP rotate with the device. (Ex.1002, ¶ 1145 -46). Figure 2 is reproduced below,
`
`and shows a 90- degree roll of the device, with correspondingly rotated axes YP and
`
`ZP:
`
`FIG. 2 (RELATED ART)
`
`15
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
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`(Ex.1002, ¶ 1142 -43). 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,
`
`¶ 114246). Note that the '978 patent treats each of the phrases "spatial reference
`
`frame" and "spatial pointer reference frame" as referring to a device -centered
`
`frame of reference analogous to the Xe, Ye and Ze axes. (Ex.1001, 9:19 -20, 1:39-
`
`47, 3:6- 7)(Ex.1002, ¶39 -42). Because "spatial reference frame" already refers to a
`
`frame with its origin in the device, the longer phrase "spatial reference frame
`
`associated with the 3D pointing device" has the same meaning, as CyWee
`
`concedes. (Ex.1002, 1138-41; Ex.1010, p. 2).
`
`Thus, the phrases "spatial reference frame" and "spatial reference frame
`
`associated with the 3D pointing device" 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, ¶ 537 -47). Cywee agreed to these constructions
`
`during a co- pending litigation. (Ex.1010, p. 2).
`
`B.
`
`Claim 10- "rotation output"
`
`Claim 10 uses the phrase "rotation output ". In the specification, the '978
`
`patent makes clear that the rotation output is the output of a rotation sensor (a
`
`sensor that detects rotation). For example, the '978 patent states:
`
`16
`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
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`"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)(Ex.1002, ¶50).
`
`Thus, "rotation output" should be interpreted in accordance with the
`
`specification as "output of a rotation sensor ". (Ex.1002, ¶ 1148 -52).
`
`GROUNDS
`
`Ground 1. Claims 10 and 12 are obvious over Zhang in view of Bachmann.
`
`Claims 10 and 12 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 '978 patent.
`
`17
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`Overview of the Combination
`
`Claim 10 is directed to a method 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 "a handheld pointing device" that is used for a "computer
`
`pointing control system ". (Ex.1005, Abstract)(Ex.1002, ¶53). Such a computer
`
`pointing control system is shown, for example, in Fig. 2 of Zhang (reproduced
`
`below), where the handheld device (a 3D pointer) has reference numeral 100:
`
`FIG. 2
`
`18
`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`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, ¶54).
`
`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 right.
`
`In Fig. 3,
`
`101
`
`l
`
`102
`)
`
`103
`)
`
`numeral 160
`
`is the circuit board,
`
`Y
`
`while numerals 120 and 130 are
`
`sensors. (Ex.1005, ¶0025)(Ex.1002,
`
`155 -56). Numeral 120 is "a two -
`
`axis magnetic
`
`field sensor 120
`
`[that] is used to detect the device's
`
`FIG. 3
`
`orientation relative to the direction
`
`of the earth's magnetic field 25." (Ex.1005,
`
`¶0026)(Ex.1002, ¶ ¶57 -58). Numeral 130 is an "accelerometer sensor 130 [that]
`
`contains
`
`two
`
`orthogonally
`
`arranged
`
`acceleration
`
`detectors."
`
`(Ex.I005,
`
`19
`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`¶0027)(Ex.1002, ¶ 157 -58). Numeral 110
`
`is a microcontroller for performing
`
`calculations. (Ex.1005, ¶0025)(Ex.1002, ¶59).
`
`A system diagram of Zhang's device 100 is shown in Fig. 5, reproduced
`
`below at right. (Ex.1005, ¶0029)(Ex.1002, ¶59). In
`
`Fig. 5, the two sets of two
`
`sensors (magnetometers 120 and
`
`accelerometers 130) are shown on
`
`the left side (the Petitioner has
`
`100
`
`',
`
`101
`
`placed a red- dashed box around the
`
`50
`
`numerals 120 and 130). These
`
`sensors output signals to circuits
`
`s - - -, 121
`1120!
`
`102
`
`I
`
`1
`
`O
`
`G
`
`103,,[
`
``
`
`---0
`
`Modulator
`
`MCU
`
`113
`
`110
`
`111 -112, 121 -124 and 131 -134.
`
`(Ex.1005, ¶0029)(Ex.1002, ¶60).
`
`These circuits condition the sensor
`
`output, convert it to digital format,
`
`and pass the digital data to the
`
`133
`
`microcontroller
`
`(MCU)
`
`110.
`
`FIG. 5
`
`171
`
`Battery
`Manage
`Unit
`
`(Ex.1005, ¶0029)(Ex.1002, ¶60). The MCU 110 determines
`
`the device's
`
`orientation, including azimuth and inclination angles (yaw and pitch). (Ex.1005,
`
`¶0029)(Ex.1002, ¶60). These angles are shown in Figs. 4(a) and 4(b), reproduced
`
`below.
`
`20
`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
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`300
`
`320
`
`^- 32
`
`FIG. 4a
`
`26
`
`FIG. 4b
`
`(Ex.1002, ¶58). 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, ¶ 110024, 0030)(Ex.1002,
`
`¶60).
`
`Zhang's primary embodiment has a four -axis sensor module (compared to
`
`the "nine -axis sensor module" required by claim 10). Zhang explains that more
`
`sensors can be used, and that different kinds of sensors can be used. For example,
`
`21
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`Zhang states that gyro sensors (angular rate sensors that measure "rotation output ")
`
`could be used:
`
`"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, ¶61). Zhang also mentions that
`
`accelerometers, magnetometers and gyro (angular rate) sensors can be used in
`
`combination. (Ex.1005, ¶ 110006, 0026, claim 2)(Ex.1002, ¶62).
`
`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:
`
`the magnetometers
`"In
`another
`embodiment,
`sensor
`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."
`
`22
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`(Ex.1004, 7:34- 41)(Emphasis added)(Ex.1002, ¶64). 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, ¶65).
`
`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, ¶66). Bachmann thus takes the
`
`output of accelerometer, magnetometer and angular rate sensors, and uses these
`
`sensor outputs to calculate an orientation of a tracked device. (Ex.1002, ¶67).
`
`To calculate the orientation from sensor inputs, Bachman uses a filter.
`
`Bachmann's
`
`filter mirrors
`
`the claimed calculations of
`
`the
`
`'978 patent. (Ex.1002,
`
`¶68). A control diagram of
`
`Bachmann's filter process is
`
`shown in Fig. 3, reproduced
`
`at right, where the Petitioner
`
`1c'Cd2"41W-445- _ri?3D6P61 (ÿ..Q ñ}T -
`
`if, /rr 4,-)
`
`(5-'XJ Xr
`
`} °Y
`
`38
`
`4(0>
`
`23
`
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`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`has drawn a red -dashed box around the output, q, in the lower right.
`
`(Ex.1004,
`
`Fig. 3)(Ex.1002, ¶68). The output q is a quaternion representing the orientation of
`
`the tracked object in space. (Ex.1004, 10:10- 14)(Ex.1002, ¶68).
`
`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. These sensors are shown in red -dashed boxes,
`
`below:
`
`-4fer.AYEf9agams-
`
`/ri 4s-
`
`3 .ó1 4-
`
`if dí
`%
`
`ß
`
`T
`
`j(QJ
`
`_axv/
`
`(ñfá.tétZAW785
`4-4 ßi ße)
`r
`
`.97
`
`3>'
`
`r_l
`7t)
`
`CXyxj x
`
`38
`
`1 9 9
`
`(Ex.1002, ¶69).
`
`The output of the angular rate sensors (33)
`
`is used to calculate the
`
`orientation of the device q. The calculation is shown in the boxes along the red -
`
`dashed line that has been added to the lower portion of Fig. 3, below:
`
`24
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`4
`
`.
`
`f -L1;')
`
`/719',.° r'Y)T
`
`7.4 4, 69
`
`."2' i
`
`1
`
`,-4's1z:7r>
`
`(Ex.1002, ¶70). In the figure, the output of the angular rate sensors (33) is a set of
`
`measured angular rates of rotation (p, q, r) about three axes. (Ex.1004, 10:10 -
`
`14)(Ex.1002. ¶70). These rates are converted, in box 37, to a rate quaternion 4.
`
`(Ex.1004, 10:15- 36)(Ex.1002. ¶70). To the rate quaternion 4 is added a correction
`
`factor qs (which will be explained below), to yield a corrected rate quaternion
`
`.
`
`N
`(Ex.1004, 10:15- 65)(Ex.1002, 170 -74). The corrected rate quaternion 4 is then
`
`integrated in box 42 and normalized to a unit length in box 43, to yield the
`
`orientation quaternion at the output, 4. (Ex.1004, 10:15- 65)(Ex.1002, ¶ ¶70 -74).
`
`Bachmann's filter shown in Fig. 3
`
`takes advantage of extra sensor
`
`measurements from the accelerometers and magnetometers via the previously -
`
`mentioned correction factor, 4E. Bachmann calculates this correction factor gc in
`
`25
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 8,552,978
`
`steps 34 -41 of Fig. 3. There, Bachmann first obtains actual sensor measurements
`
`from the accelerometers' (31) and magnetometers (32), forming a six -valued
`
`measurement vector (hi h2 h3 b, b2 b3), as shown in box 34. (Ex.1004, 10:10 -14.
`
`3 :13 -17, 8:47- 51)(Ex.1002, ¶72). These six measurement values include three
`
`measurements of acceleration along the X, Y and Z axes of the sensors, and three
`
`measurements for magnetism, also along the X, Y and Z axes of the sensors. (Id.).
`
`The six actual measurements are then compared to six predicted measurements
`
`found in the vector ÿ(q), by subtracting the predicted measurements ÿ(q) from the
`
`actual measurements (h, h2 h3 b, b2 b3). (Ex.1004, 8:63 -9:18, 17:12- 22)(Ex.1002,
`
`¶72). This forms a six -valued error vector 40), numbered 36. (Ex.1004, 17:12 -22,
`
`9:9- 14)(Ex.1002, ¶72).
`
`The six -valued error vector Ê(q) is essentially a