Filed: March 12, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`GOOGLE LLC,
`Petitioner
`
`v.
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`CYWEE GROUP LTD.
`Patent Owner
`
`____________________
`
`Case IPR2018-01257
`Patent No. 8,552,978
`____________________
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`
`PATENT OWNER RESPONSE
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`

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`IPR2018-01257
`U.S. Patent No. 8,552,978
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`Table of Contents
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`I. SUMMARY ........................................................................................................ 1
`II. BACKGROUND ............................................................................................... 2
`III. REFERENCES RELIED ON BY THE PETITIONER ............................... 9
`A. U.S. Patent 7,089,148 to Bachmann (Bachmann, Exhibit 1004) ............... 9
`B. U.S. Patent Application Pub. No. 2004/0095317 to Zhang (Zhang,
`Exhibit 1005) ...................................................................................................... 13
`i. Zhang has been interpreted by the USPTO in various ex parte
`examinations against relevant parties .......................................................... 15
`C. U.S. Patent 7,158,118 to Liberty (Liberty, Exhibit 1006) ......................... 16
`i. Liberty has been interpreted by the USPTO in various ex parte
`examinations against relevant parties .......................................................... 17
`IV. CHALLENGES ............................................................................................. 20
`V. CLAIM CONSTRUCTION ........................................................................... 22
`A. “3D pointing device” ................................................................................... 24
`B. “spatial reference frame”/ “spatial reference frame associated with the
`3D pointing device” ........................................................................................... 26
`C. “rotation output” ......................................................................................... 26
`VI. BACHMANN DOES NOT QUALIFY AS ANALGOUS ART .................. 27
`VII. THE REFERENCES DO NOT DISCLOSE ALL LIMITATIONS OF
`THE CHALLENGED INVENTIONS ................................................................ 31
`A. Ground 1 –Zhang in view of Bachmann .................................................... 31
`i. Claim 1 ....................................................................................................... 33
`ii. Claim 12 .................................................................................................... 38
`B. Ground 2 –Liberty in view of Bachmann ................................................... 38
`i. Claim 10 ..................................................................................................... 40
`ii. Claim 12 .................................................................................................... 42
`VIII. CONCLUSION ............................................................................................ 42
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`IPR2018-01257
`U.S. Patent No. 8,552,978
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`
`Table of Authorities
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`Cases
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`Graham v. John Deere Co.,
` 383 U.S. 1 (1966). ............................................................................................... 21
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`In re Clay,
` 966 F.2d 656 (Fed. Cir. 1992) ............................................................................. 28
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`In re Dembiczak,
` 175 F.3d 994 (Fed. Cir. 1999) ............................................................................. 21
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`In re Gurley,
` 27 F.3d 551 (Fed. Cir. 1994) ............................................................................... 22
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`KSR Int’l Co. v. Teleflex Inc.,
` 550 U.S. 398 (2007) ...................................................................................... 21, 22
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`Personal Web Techs., LLC v. Apple, Inc.
` 848 F.3d 987, 993-994 (Fed. Cir. 2017) ........................................................ 32, 39
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`Richardson-Vicks Inc. v. Upjohn Co.,
` 122 F.3d 1476 (Fed. Cir. 1997) ........................................................................... 20
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`Smith & Nephew, Inc. v. Hologic, Inc.,
` 721 Fed. Appx. 943 (Fed. Cir. 2018). ................................................................. 28
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`W.L. Gore & Assoc., Inc. v. Garlock, Inc.,
` 721 F.2d 1540 (Fed. Cir. 1983) ........................................................................... 21
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`Statutes
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`35 U.S.C. § 103 ................................................................................................. 20, 28
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`IPR2018-01257
`U.S. Patent No. 8,552,978
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`
`List of Exhibits
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`Declaration of Dr. Gary L. Blank
`Curriculum Vitae of Dr. Gary L. Blank CV
`Claim Construction Opinion and Order (Doc. 117), Cywee
`Group Ltd. v. Samsung Elecs. Co., Ltd., C.A. No. 2:17-CV-
`00140-WCB-RSP (E.D. Tex., July 9, 2018)
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`Expert Declaration of Dr. Joseph LaViola, Ph.D., in Support
`of Patent Owner Response
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`Curriculum Vitae of Dr. Joseph LaViola, Ph.D.
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`Order (Doc. 153), Cywee Group Ltd. v. Samsung Elecs. Co.,
`Ltd., C.A. No. 2:17-CV-00140-WCB-RSP (E.D. Tex., Aug.
`14, 2018)
`
`Memorandum Opinion (Doc. 55), CyWee Group Ltd. v.
`Motorola Mobility LLC, C.A. No. 17-780-RGA (D. Del.,
`Dec. 21, 2018)
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`File History of U.S. Application No. 10/396,439
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`File History of U.S. Application No. 12/413,722
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`File History of U.S. Application No. 13/367,058
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`Expert Declaration of Dr. Joseph LaViola, Ph.D., in Support
`of Motion to Amend
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`File History of U.S. Provisional Application 61/292558
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`I. SUMMARY
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`Petitioner has challenged the patentability of Claims 10 and 12 of U.S.
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`IPR2018-01257
`U.S. Patent No. 8,552,978
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`Patent No. 8,552,978 (the “‘978 Patent”) based solely on obviousness grounds.
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`Petitioner cannot meet its burden of showing that any of the claims are
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`unpatentable over the asserted combination for at least the following reasons:
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`• Petitioner’s challenges rely on two different combinations of references—
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`Zhang in view of Bachmann, and Liberty in view of Bachmann—neither of
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`which teaches or suggests all the claim limitations.
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`• The Bachmann (Ex. 1004) device is not a “3D pointing device;” it is not a
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`handheld device used to control actions on a display and does not point to
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`anything at all. Bachmann merely measures movements of an articulated rigid
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`object such as limbs of a human body. Tellingly, neither Petitioner nor the
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`Board alleges that Bachmann discloses a “3D pointing device.” As such,
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`Bachmann is not analogous art to the ‘978 Patent. See infra Section VI.
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`• Petitioner’s challenges based on the combination of Zhang (Ex. 1005) and
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`Bachmann and the combination of Liberty (Ex. 1006) and Bachmann rely on
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`references that would not be combined by one of ordinary skill in the art. Dr.
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`LaViola, a PHOSITA with extensive experience in the relevant art, has
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`concluded that one of skill in the art would not be motivated to combine the
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`references. See infra Section VII.A and VII.B.
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`For at least these reasons, the Board should deny the Petition.
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`IPR2018-01257
`U.S. Patent No. 8,552,978
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`II. BACKGROUND
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`U.S. Patent 8,553,978 (the “‘978 Patent”) (Ex. 1001) issued on October 8,
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`2013, with 18 claims including independent claims 1 and 10. Of these claims,
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`independent claim 10, as well as dependent claim 12—which depends from claim
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`10—are subject to the Petition.
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`The claims subject to the Petition are directed to a 3D pointing device and an
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`enhanced method for compensating the movement thereof. Ex. 1001, Abstract. As
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`will be discussed infra in Section V.A, a 3D pointing device is “a handheld device
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`that detects the motion of said device in three-dimensions and is capable of
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`translating the detected motions to control an output on a display.” Declaration of
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`Dr. Joseph LaViola, Ex. 2004, ¶ 53.
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`The 3D pointing device utilizes a nine-axis sensor module that may include
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`sensors known in the art. These sensors include sensors for detecting axial
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`acceleration (i.e. accelerometers) along three spatial axes, sensors for detecting the
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`angular velocity of rotation (i.e. gyroscopes) about those same three axes, and
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`sensors for detecting magnetic field (i.e., magnetometers) about the same three
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`axes. Exhibit 1001, 4:15-32. The invention applies a novel “enhanced comparison
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`method” to reduce and compensate for errors and noise in the sensor readings that
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`U.S. Patent No. 8,552,978
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`normally accumulate over time in order to better map the movements of the device
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`and have the capability to more precisely control a display. Id. at 4:33-57.
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`After taking readings of a first signal set comprising the axial accelerations
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`along the three axes from the accelerometer and a second signal set comprising the
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`magnetic fields about the three axes from the magnetometer and the rotation output
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`comprising the angular velocities about the three spatial axes, the claimed method
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`fuses the three signal sets, and maps the movements of the 3D pointing device onto
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`the display frame of a screen. Id. Claim 10, Fig. 10-11; Ex. 2004, ¶ 32. Claim 10,
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`Fig. 10-11.
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`IPR2018-01257
`U.S. Patent No. 8,552,978
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`The ‘978 Patent describes the 3D pointing device to be a handheld portable
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`electronic device such as a controller, smartphone, or navigation equipment. Ex.
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`1001, 8:38-42, 13:5-16, Figs. 3 and 6. The optional display on which the pointing
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`device’s movements can be mapped may be attached or integrated with the
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`pointing device itself, such as in a mobile gaming system or a smartphone. Id. at
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`13:5-16, Fig. 6.
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`U.S. Patent No. 8,552,978
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`The 3D pointing device and enhanced comparison method of the ‘978 Patent
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`utilizes at least three types of motion sensors: accelerometers, magnetometers, and
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`rotation sensors such as gyroscopes. Ex. 2004, ¶ 34. Accelerometers are used to
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`measure axial accelerations. Id. For example, car airbags use accelerometers to
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`trigger release when a sudden deceleration is detected. Id. Accelerometers can also
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`be used to measure the forces exerted by the acceleration due to gravity. Id.
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`Gyroscopes are used to measure angular velocity, the rate of rotation about an axis.
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`Id. Magnetometers measure magnetism such as the strength of a magnetic field
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`along a particular direction. Id. Each kind of sensor suffers from inaccuracies. Id.
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`For instance, gyroscopes are subject to a small, added bias. Id. This bias is an
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`offset from the true value that accumulates over time and eventually amasses to a
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`potentially very large drift error. Id. Magnetometers suffer from interference from
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`magnetic fields generated by various natural and manmade sources (e.g., powered
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`electronics). Id. Each sensor typically only takes measurements along a single axial
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`direction. Id. In order to accurately measure motion and orientation in a three-
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`dimensional reference frame, three sensors of a kind must be grouped together and
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`arranged orthogonally to one another. Id. A set of three sensors aligned at right
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`angles like this is referred to as a three-axis sensor. Id.
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`The ‘978 Patent discloses and claims technology for combining different
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`kinds of sensors to incorporate their data and to correct for the errors generated by
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`U.S. Patent No. 8,552,978
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`the various sensors. Id. at ¶ 35. Specifically, the ‘978 Patent discloses and claims
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`an improved nine-axis sensor system and a method for measuring, calculating, and
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`mapping orientation (including deviation angles along the three spatial axes) by
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`using measurements from a three-axis accelerometer, a three-axis magnetometer,
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`and a rotation sensor such as a three-axis gyroscope. Ex. 1001, 4:15-32. The ‘978
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`Patent further discloses and claims an enhanced method for combining or fusing
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`the various signal sets that is capable of reducing the errors and noise that
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`accumulate over time. Id. at 4:33-57. This technology is capable of accurately
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`representing the orientation and movement of a portable 3D pointing device in
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`three-dimensional space on a two-dimensional display. Id. at 7:55-67; Ex. 2004, ¶
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`35. The invention of the ‘978 Patent is capable of mapping deviation angles such
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`as yaw, pitch, and roll of the pointing device in relation to its movement about the
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`three spatial axes onto a display reference frame, such as that of a two-dimensional
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`display screen. Id.; Ex. 1001, 5:12-45. In sum, the ‘978 Patent claims an improved
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`system and method for capturing the motion of a pointing device in a three-
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`dimensional space, compensating or correcting for errors in the sensed motion, and
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`outputting a movement pattern on a display frame to control actions on a display.
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`Ex. 2004, ¶ 35.
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`The invention of the ‘978 Patent corrects for such errors using its novel
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`enhanced comparison method. An embodiment of the method can be found in
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`U.S. Patent No. 8,552,978
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`Figure 10 of the ‘978 Patent. Ex. 1001, Fig. 10. First, a quaternion is taken from a
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`previous timestep t-1 (the first quaternion) and used in conjunction with the
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`angular velocity from the rotation sensor (three-axis gyroscope) and the differential
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`equation described in Equation 1 to compute a current quaternion at time t (the
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`second quaternion). Id. at 16:27-56, Fig. 10; Ex. 2004, ¶ 36. This second
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`quaternion is used to compute predicted axial accelerations with Equations 2-4 and
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`predicted magnetisms with Equations 18-20 in the ‘978 Patent. Ex. 1001, 16:57-
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`17:23, 22:34-23:8; Ex. 2004, ¶ 36. The method then takes the current quaternion
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`(second quaternion), the predicted axial accelerations, the measured axial
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`accelerations (first signal set), the predicted magnetisms, and the measured
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`magnetisms (second signal set) and uses Equations 5-11 to compute an updated
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`quaternion (third quaternion). Ex. 1001, 17:24-18:33; Ex. 2004, ¶ 36.
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`A PHOSITA would understand that Equations 5-11 represent a non-linear
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`recursive estimator which, in the case of this embodiment of the ‘978 Patent,
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`combines elements of an extended Kalman Filter coupled with a weighted vector
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`norm. Id. Equation 5 is the predicted state estimate. Ex. 1001, 17:47-54; Ex. 2004,
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`¶ 37. The predicted covariance estimate is equivalent to the Equation above
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`Equation 6 in the ’978 patent. Ex. 1001, 17:55-67; Ex. 2004, ¶ 37. The state
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`transition Jacobian matrix is equivalent to Equations 6 and 7 in the ‘978 Patent. Id.
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`This state transition Jacobian matrix maps to both Equations 6 and 7 based on
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`U.S. Patent No. 8,552,978
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`which variable is held constant during partial differentiation. Id. Equation 8
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`describes the innovation or measured residual. Ex. 1001, 18:1-6; Ex. 2004, ¶ 37.
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`The innovation or measured residual covariance matrix is Equation 9. Ex. 1001,
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`18:7-17; Ex. 2004, ¶ 37. The observation Jacobian matrix described is equivalent
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`to Equation 10. Id. Finally, the weighted vector norm is presented as Equation 11
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`which ultimately takes the information from the process and measurement models
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`and finds an optimal recursive least squares estimate for the updated quaternion.
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`Ex. 1001, 18:18-24; Ex. 2004, ¶ 37. This procedure (Equations 5-11) effectively
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`combines or fuses the second quaternion, the predicted axial acceleration, the
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`measured axial accelerations, the predicted magnetism, and the measured
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`magnetism to compute the third quaternion (updated state). Ex. 1001, 17:24-18:33,
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`Fig. 10; Ex. 2004, ¶ 37.
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`The orientation information returned by the claimed invention of the ‘978
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`Patent has many potential applications, particularly when applied to mobile cellular
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`devices. Ex. 2004, ¶ 38. These applications include such uses as navigation,
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`gaming, and augmented and virtual reality simulation. Id. Navigation applications
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`can use orientation information from the mobile phone to determine the direction
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`the user is facing and then automatically re-orient the map to align with the
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`cardinal directions. Id. Many mobile games and other applications use the motion
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`of the phone to trigger input commands, for instance, rotating the mobile phone to
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`U.S. Patent No. 8,552,978
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`simulate turning a steering wheel. Id. Augmented and virtual reality simulation
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`applications rely on accurate determination of the device’s orientation to properly
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`render graphics and images at the correct location on the screen. Id. Even small
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`inconsistencies in tracking a device’s orientation and movement in virtual reality
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`simulation can result in severe cybersickness for the user, rendering the simulator
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`unusable. Id.
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`III. REFERENCES RELIED ON BY THE PETITIONER
`A. U.S. Patent 7,089,148 to Bachmann (Bachmann, Exhibit 1004)
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`
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`Bachmann is directed towards a method and apparatus for motion tracking
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`of articulated rigid bodies. Ex. 1004, Abstract. To this end, Bachmann discloses
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`using a “three-axis magnetometer,” a “three-axis accelerometer,” and a “three-axis
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`angular rate sensor.” Id. at 10:10-14. Bachmann discloses methods for minimizing
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`error. Id. at 7:32-45.
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`Bachmann is not directed towards a 3D pointing device. It is directed to a
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`system and method for tracking the motions of an articulated rigid body, namely a
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`human body. Id. 13:32-41, 48-51, Fig. 4. The multiple sensor devices of Bachmann
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`are placed on the body and are not used to point to anything or control any actions
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`at all. Ex. 2004, ¶ 57. The invention in Bachmann merely tracks movement without
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`mapping those movements onto a 2D display frame as a movement pattern for
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`controlling a virtual object on the display. Id. Neither Google nor the Board
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`IPR2018-01257
`U.S. Patent No. 8,552,978
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`contends that Bachmann discloses a 3D pointing device, and Dr. LaViola agrees
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`that it does not disclose this limitation. Id.
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`Bachmann discloses the ability to mount its various sensor units on
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`articulated rigid bodies, such as various limbs of the human body, to track motion.
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`Id. While Bachmann acknowledges that such sensors may also be used to track
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`movement of handheld props such as “swords, pistols, or simulated weapons,” it
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`explicitly states that it is not directed towards such devices themselves (none of
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`which are 3D pointing devices, as that claim term has been construed), but is
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`instead a method used to track “the posture of articulated rigid objects” such as
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`human limbs. Id.; Ex. 1004, 13:42-54. Further, Bachmann does not teach that these
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`props are used to control actions on a display. Ex. 2004, ¶ 58. Bachmann only
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`cursorily mentions the ability to incorporate the movements of its sensor units in a
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`virtual environment. Id. at 14:20-39, Fig. 4. The output display signal in Bachmann
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`is not converted into a movement pattern to interact with or control anything on the
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`display; the sensors are only used to track the movement of the devices. Id.; Ex.
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`2004, ¶ 58.
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`Figure 4 of Bachmann depicts an implementation of the invention in which
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`three sensors are used to track the posture of the human body via attachment of
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`sensors to different limbs. Id. One sensor is attached to each limb segment to be
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`tracked. Ex. 2004, ¶ 59. The sensor information is output to a processing unit that
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`calculates the posture of the body. Ex. 1004, 14:2-5.
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`Bachmann discloses the possibility of outputting a signal to a display to
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`enable a virtual representation of the articulated rigid body to be displayed. Id. at
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`14:20-29, Fig. 4. However, Bachmann is merely concerned with tracking the
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`position and orientation of its multiple sensor devices, which are separately
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`attached to various limbs, and it is capable of rendering the positions of each such
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`device on a display. Ex. 2004, ¶ 60. The ‘978 Patent, on the other hand, is
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`concerned with tracking orientation of its handheld pointing device, translating
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`changes in orientation to a display frame as a movement pattern, and using that
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`orientation information to control actions on a display. Id.
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`Bachmann teaches a device that has multiple housings that are placed at
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`different articulations of a body. Id. Bachmann also teaches that “[t]he individual
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`components [of the MARG sensor] can be integrated using a single integrated
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`circuit board with the accelerometers mounted separately.” Ex. 1001, 14:49-51.
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`Bachmann discloses an enhanced comparison method
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`that operates
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`completely differently from that of the ‘978 Patent. Bachmann’s Figure 3 as well
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`as Figures 5 and 6 outline the method. Ex. 1004, Figs. 3, 5-6. Bachmann’s method
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`first gathers sensor information from a three-axis accelerometer, a three-axis
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`magnetometer, and a three-axis gyroscope. Ex. 2004, ¶ 62; Ex. 1004, 9:50-10:12.
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`U.S. Patent No. 8,552,978
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`The angular velocities captured from the three-axis gyroscope are used along with
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`an orientation estimate from a previous iteration to calculate an updated quaternion
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`representing the orientation of some rigid body. Ex. 2004, ¶ 62; Ex. 1004, 16:40-
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`48, Fig. 5. This calculation is an integration of the differential equation marked as
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`37 in Bachmann. Ex. 2004, ¶ 62; Ex. 1004, Fig. 3. The accelerometer and
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`magnetometer data are combined in a six-dimensional vector (34 in Bachmann)
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`that is used to provide a correction estimate for the updated quaternion. Ex. 2004, ¶
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`62; Ex. 1004, 8:37-9:48, 9:50-10:9. Bachmann uses the six-dimensional vector
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`coupled with a computed measurement (35 and 35a in Bachmann) taken from the
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`updated quaternion to compute a six-dimensional error term (marked as 36 in
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`Bachmann). Id. This error term uses a Gauss-Newton iteration (marked 38 in
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`Bachmann) to yield a complete error term (marked 40 in Bachmann). Ex. 2004, ¶
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`62; Ex. 1004, 9:50-10:65. This error term is scaled by a filter gain value k (marked
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`as 41 in Bachmann) to compute a correction factor that minimizes the error vector.
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`Ex. 2004, ¶ 62; Ex. 1004, 10:66-11:26. Adding the updated quaternion to the
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`correction factor provides a corrected quaternion, which is integrated (marked as
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`42 in Bachmann) and normalized (marked 43 in Bachmann) to compute the
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`orientation quaternion as the output of the method. Ex. 2004, ¶ 62; Ex. 1004,
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`10:33-36.
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`U.S. Patent No. 8,552,978
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`Bachmann’s method has several significant differences from that disclosed
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`in the ‘978 Patent. First, Bachmann does not make use of elements of an extended
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`Kalman filter to compute the orientation. Ex. 2004, ¶ 63. Thus, the methods
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`operate differently. Id. Second, Bachmann also requires two integrations, the
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`integration at 37 and the integration at 42, while the method in ‘978 Patent only
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`requires one integration (integration of Equation 1 in the ‘978 patent). Id.
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`Bachmann also makes use of Gauss-Newton iteration in order to compute the error
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`term. Id. The ‘978 Patent requires no such technique. Id. Finally, it is important to
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`note that in the description Bachmann’s method provided by Petitioner’s expert, he
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`makes use of the term “prediction” or “predicted” several times; however,
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`Bachmann never uses these terms in its claims or specification. See, e.g. Ex. 1002,
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`¶¶ 62-73.
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`B. U.S. Patent Application Pub. No. 2004/0095317 to Zhang (Zhang, Exhibit
`1005)
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`Zhang is directed to a method and apparatus of universal remote pointing
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`control for a home entertainment system and computer. Ex. 2004, ¶ 64. The
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`invention in Zhang comprises a handheld pointing device, a display control unit,
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`and a command delivery unit. Id. Orientation sensors in the pointing device detect
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`pointing direction, signals regarding the pointing direction are transmitted to the
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`IPR2018-01257
`U.S. Patent No. 8,552,978
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`display control unit, and a cursor/pointer is drawn onto the screen to indicate the
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`pointer’s location. Ex. 1005, Abstract.
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`The pointing device of Zhang utilizes a two-axis magnetic sensor and a two-
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`axis accelerometer. The magnetic sensor is used to detect yaw, and the
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`accelerometer is used to detect pitch. Id. at ¶¶ 0025-0027. Zhang’s device thus only
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`discloses a four-axis sensor module and is incapable of accurately detecting roll.
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`Zhang acknowledges that adding additional sensors could provide the ability to
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`detect the device’s roll, but does not disclose how to do so. Id. at ¶ 0025. As
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`described above, each new sensor added to the device brings with it additional
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`noise and errors that must be accounted for in calculating the orientation of the
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`device, which is not a simple task. Zhang does not disclose any method for
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`compensating for additional noise and errors if more sensors were to be added to
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`the system. Ex. 2004, ¶ 65.
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`Because Zhang cannot detect the roll of the device, it cannot detect full
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`three-dimensional orientation. Id at ¶ 66. Thus, while Zhang does disclose a
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`pointing device, it does not qualify as a three-dimensional pointing device.
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`Zhang discloses
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`the possibility of replacing
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`its accelerometers or
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`magnetometers with gyroscopes, which would function as an alternative method
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`for detecting the pointing device’s heading; however, Zhang does not teach that all
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`three types of sensors should be used together. Id at ¶ 68; Ex. 1005, ¶ 0006, Claim
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`2.
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`The invention in Zhang calculates the orientation of the device by comparing
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`its measured yaw and pitch to pre-set reference angles that were stored in the
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`display control unit during a calibration procedure. Id. at ¶ 0030, Fig. 6a and 6b.
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`Zhang does not disclose specific methods or formula for comparing signals from
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`the sensor module. Thus, Zhang does not disclose any enhanced comparison
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`method. Ex. 2004, ¶ 68.
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`
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`i. Zhang has been interpreted by the USPTO in various ex parte
`examinations against relevant parties
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`Zhang, as understood by a PHOSITA, would not be combined with
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`Bachmann. Id at ¶ 69. This is evidenced by representations made to and by the
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`USPTO during ex parte examination of patents in the same field of endeavor as the
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`‘978 Patent. For example, Samsung Elec. Co., Ltd. (“Samsung”)—a party now
`
`seeking joinder to the present IPR, see Samsung Elec. Co., Ltd. v. CyWee Group
`
`Ltd., IPR2019-00535, Papers 1 and 3—encountered Zhang in various prosecution
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`proceedings.
`
`In the examination of U.S. Application No. 10/396,439 assigned to
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`Samsung, the examiner defined the field of endeavor for Zhang. The file history
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`for U.S. App. No. 10/396,439 has been included as Exhibit 2008. There, the
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`examiner noted that Zhang was directed towards “a pointing device that moves a
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`cursor on a display screen of a computer.” Ex. 2008 at 51. This interpretation of
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`Zhang is informative of how a PHOSITA understands the reference. Ex. 2004, ¶
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`70. From the perspective of one of skill in the art, Zhang is in an entirely different
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`field of endeavor than Bachmann, which is directed towards tracking motion of an
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`articulated body. Id.; see also infra Section VI. Since Zhang and Bachmann are not
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`analogous art, a PHOSITA would not combine the references. Id.
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`
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`C. U.S. Patent 7,158,118 to Liberty (Liberty, Exhibit 1006)
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`Liberty is directed to a 3D pointing device with orientation compensation
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`that utilizes a five-axis sensor module of two rotation sensors (each detecting
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`rotation about a single axis) and a three-axis accelerometer. Ex. 1006, 4:48-5:12;
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`8:56-9-2; Ex. 2004, ¶ 71. Liberty’s five-axis sensor module allowed for detection
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`of roll about the X-axis, meaning the pointing device can detect its orientation in
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`three-dimensional space, unlike Zhang. Id.
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`However, the five-axis sensor module of Liberty still has shortcomings.
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`Liberty is specifically disparaged in the specifications of the ‘978 Patent. Liberty
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`cannot detect or compensate for roll directly or accurately because the roll value
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`must be derived from the gravitational acceleration detected by the accelerometer.
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`Ex. 1001, at 3:9-13; Ex. 2004, ¶ 72. As a result of using a derivative function to
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`obtain orientation, the noise generated by the sensors will be amplified leading to
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`greater error. Id.
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`The five-axis sensor of Liberty can only accurately detect acceleration when
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`the device is static. Ex. 1001, 3:13-19. As such, the mapping of Liberty’s spatial
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`angles onto a 2D reference frame will be greatly affected and erred. Id. at 2:50-3:9.
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`Thus, there was a need for a 3D pointing device that could accurately map all of its
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`spatial angles onto a 2D reference frame. Ex. 2004, ¶ 73. The ‘978 Patent solved
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`the problem of Liberty by a device and method capable of doing so. Id.
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`Liberty cites Zhang as a prior art reference. Given that Liberty was
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`considered by the examiner at the USPTO to be a patentable improvement over
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`Zhang because Liberty added a single sensor axis—a modification which, as
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`described above, involves the difficult task of compensating for the additional
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`noise and errors—it follows that the ‘978 Patent’s addition of and compensation
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`for four more sensor axes is a patentable improvement over both Liberty and
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`Zhang. Id. at ¶ 74.
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`
`
`i. Liberty has been interpreted by the USPTO in various ex parte
`examinations against relevant parties
`
`Liberty, as understood by a PHOSITA, would not be combined with
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`Bachmann. Id. at ¶ 75. This is evidenced by representations made to and by the
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`USPTO during ex parte reexam of patents in the same field of endeavor as the ‘978
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`Patent. For example, Samsung and LG Electronics, Inc. (“LG”)—another party
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`seeking joinder to the present IPR, see LG Elec. Inc. v. CyWee Group Ltd., IPR
`
`2019-00560, Papers 1 and 2—encountered Liberty in various prosecution
`
`proceedings.
`
`During the examination of U.S. Application No. 12/413,722 assigned to
`
`Samsung, the examiner defined various fields of endeavor to which Liberty
`
`belongs. The file history for U.S. App. No. 12/413,722 has been included as
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`Exhibit 2009. There, the examiner noted that Liberty was, in various instances,
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`directed towards the endeavor of “Touch Screen Technology,” “Handheld
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`Devices,” and/or “Control Devices.” Ex. 2009 at 6, 8, and 109. This interpretation
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`of Liberty is informative of how a PHOSITA understands the reference. Ex. 2004,
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`¶ 76. From the perspective of one of skill in the art, Liberty is in a different field of
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`endeavor than Bachmann, which is directed towards tracking motion of an
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`articulated body. Id. Bachmann does not involve touch screen technology, nor is
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`the apparatus of Bachmann designed to be handheld (although its sensors may be
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`attached to certain prop devices such as swords or guns that are handheld),1 nor
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`
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`1 Bachmann is not directed towards such devices, but instead to sensors attached to
`various limbs. Ex. 1004 13:32-51 (“However, the inventors contemplate using the
`principles of the present invention to track the posture of articulated rigid objects,
`in one example, human bodies.”).
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`does Bachmann control anything. Id. Since Liberty and Bachmann are not
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`analogous art, a PHOSITA would not combine the references. Id.
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`LG likewise encountered Liberty in the prosecution of U.S. Application No.
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`13/367,058. The file history for U.S. App. No. 12/413,722 has been included as
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`Exhibit 2010. There, LG represented to the USPTO that Liberty is “directed to
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`transforming sensed motion data of a 3D pointing device [] from a first frame of
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`reference (body of the 3D pointing device) into a second frame of reference (user’s
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`frame of reference) in order to compensate for a tilt of the entire 3D pointing
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`device held by a user.” Ex. 2010 at 137 (emphasis omitted). This interpretation of
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`Liberty is informative of how a PHOSITA understands the reference. Ex. 2004, ¶
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`77. From the perspective of one of skill in the art, Liberty is in a different field of
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`endeavor from Bachmann, which is in no way involved with a 3D pointing device.
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`Id.
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`Furthermore, LG represented to the USPTO that Liberty does not disclose
`
`“