IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Ezra Eddie Bakhash
`In re Patent of:
`9,696,868 Attorney Docket No.: 50095-0110IP1
`U.S. Patent No.:
`July 4, 2017
`
`Issue Date:
`Appl. Serial No.: 14/614,708
`
`Filing Date:
`February 5, 2015
`
`Title:
`SYSTEM AND METHOD FOR PROVIDING THREE-
`DIMENSIONAL GRAPHICAL USER INTERFACE
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 9,696,868 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`TABLE OF CONTENTS
`
`I. 
`II. 
`
`INTRODUCTION ........................................................................................... 1 
`REQUIREMENTS FOR IPR .......................................................................... 4 
`A.  Standing .................................................................................................... 4 
`B.  Challenge and Relief Requested ............................................................... 4 
`III.  OVERVIEW OF THE ’868 PATENT ............................................................ 5 
`A.  Brief Description ....................................................................................... 5 
`IV.  Level of Ordinary Skill in the Art ................................................................... 9 
`V. 
`CLAIM CONSTRUCTION—37 C.F.R. §42.104(b)(3) ................................. 9 
`VI.  THE CHALLENGED CLAIMS ARE UNPATENTABLE .......................... 10 
`A.  GROUNDS 1A/2A: Claims 1-5, 9-14, and 18-20 are obvious over
`Hanggie in view of Anthony or Anthony in view of Hanggie ............... 10 
`1.  Anthony ......................................................................................... 10 
`2.  Hanggie.......................................................................................... 14 
`3. 
`Combination of Anthony and Hanggie ......................................... 22 
`4. 
`Combination of Hanggie and Anthony ......................................... 30 
`5.  Manner in which Grounds 1A and 2A render obvious Claims 1-10
`and 13-30 ....................................................................................... 34 
`B.  GROUNDS 1B/2B – Claims 6-8 and 15-17 is obvious over HAC and
`Matthews ................................................................................................. 77 
`1.  Matthews ....................................................................................... 77 
`2. 
`Combination of Matthews with HAC ........................................... 79 
`3.  Manner in which HAC and Matthews render claims 6-8 and 15-17
`obvious .......................................................................................... 80 
`C.  GROUNDS 1C/2C – Claim 7 is obvious over HAC, Matthews, and
`Robertson ................................................................................................ 90 
`1. 
`Robertson ....................................................................................... 90 
`2. 
`Combination of Robertson with HAC-Matthews ......................... 91 
`3.  Manner in which HAC, Matthews, and Robertson render obvious
`claim 7 ........................................................................................... 92 
`VII.  PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION .......... 93 
`A.  35 U.S.C. §325(d)—Advanced Bionics .................................................. 93 
`B.  35 U.S.C. §314(a)—Fintiv ...................................................................... 94 
`1. 
`Factor 1: Petitioner Requested a Stay ........................................... 95 
`2. 
`Factor 2: The Board’s Statutory Timeline is More Reliable Than
`the District Court’s ........................................................................ 95 
`
`i
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`

`

`4. 
`
`3. 
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`Factor 3: Petitioner’s Diligence and Investment in IPR Favors
`Institution ....................................................................................... 96 
`Factor 4: The Petition’s Grounds are Materially Different from
`Any That Might be Raised in Litigation ....................................... 97 
`Factor 5: Parties in Parallel Proceedings ....................................... 97 
`5. 
`Factor 6: The Merits of this Petition Compel Institution .............. 97 
`6. 
`VIII.  CONCLUSION .............................................................................................. 98 
`IX.  PAYMENT OF FEES – 37 C.F.R. §42.103 .................................................. 98 
`X.  MANDATORY NOTICES—37 C.F.R §42.8(a)(1) ..................................... 99 
`A.  Real Party-In-Interest—37 C.F.R. §42.8(b)(1) ....................................... 99 
`B.  Related Matters—37 C.F.R. §42.8(b)(2) ................................................ 99 
`C.  Lead And Back-Up Counsel—37 C.F.R. §42.8(b)(3) ............................ 99 
`B.  Service Information ..............................................................................100 
`
`
`
`
`
`
`ii
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`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`EXHIBITS
`
`APPLE1001
`
`APPLE1002
`
`U.S. Patent No. 9,696,868 to Ezra E. Bakhash (“the ’868 Pa-
`tent”)
`
`Excerpts from the Prosecution History of the ’868 Patent (“the
`Prosecution History”)
`
`APPLE1003
`
`Declaration of Dr. Henry Fuchs
`
`APPLE1004
`
`APPLE1005
`
`Complaint, SpaceTime3D, Inc. v Apple Inc., 6-22-cv-00149,
`(W.D. Tex.), Feb. 10, 2022
`
`Apple Opening Claim Construction Brief, SpaceTime3D, Inc. v
`Apple Inc., 6-22-cv-00149, (W.D. Tex.), Sept. 1, 2022
`
`APPLE1006
`
`US Patent Pub. No. 2005/0088447 (“Hanggie”)
`
`APPLE1007
`
`US Patent Pub. No. 2005/0091596 (“Anthony”)
`
`APPLE1008
`
`US Patent Pub. No. 2006/0107229 (“Matthews”)
`
`APPLE1009
`
`US Patent No. 6,414,677 (“Robertson”)
`
`APPLE1010
`
`Dictionary of Electrical & Computer Engineering, McGraw-
`Hill, 2004.
`
`APPLE1011
`
`US Patent Pub. No. 2012/0053926 (“Satpute”)
`
`APPLE1012
`
`US Patent No. 5,664,896 (“Blumberg”)
`
`APPLE1013
`
`US Patent No. 7,536,676 (“Baker”)
`
`APPLE1014-APPLE1019
`
`RESERVED
`
`APPLE1020
`
`U.S. District Courts–Combined Civil and Criminal Federal
`Court Management Statistics (June 30, 2022) | United States
`Courts (uscourts.gov),
`
`iii
`
`

`

`APPLE1021
`
`APPLE1022
`
`APPLE1023
`
`APPLE1024
`
`APPLE1025
`
`APPLE1026
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`https://www.uscourts.gov/sites/default/files/fcms_na_distprofile
`0630.2022_0.pdf (last visited December 9, 2022)
`
`Memorandum, Interim Procedure for Discretionary Denials in
`AIA Post-Grant Proceedings with Parallel District Court
`Litigation (USPTO June 21, 2022) (“Interim Procedure”)
`
`Order Cancelling Markman Hearing, SpaceTime3D, Inc. v
`Apple Inc., 6-22-cv-00149, (W.D. Tex.)
`
`Apple’s Opposed Motion to Stay Pending Transfer,
`SpaceTime3D, Inc. v. Apple Inc., Case No.:6:22-cv-00149
`(WDTX)
`
`Scheduling Order, SpaceTime3D, Inc. v. Apple Inc., Case
`No.:6:22-cv-00149 (WDTX)
`
`Order Resetting Markman Hearing, SpaceTime3D, Inc. v. Apple
`Inc., Case No.:6:22-cv-00149 (WDTX)
`
`Stipulation by Apple, SpaceTime3D, Inc. v. Apple Inc., Case
`No.:6:22-cv-00149 (WDTX)
`
`
`
`
`
`iv
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`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`LIST OF CHALLENGED CLAIMS
`
`Claim 1
`
`[1pre]
`
`A method for using a two-dimensional (2D) space to selectively
`
`interact with a plurality of applications open on a device and a
`
`three-dimensional (3D) immersive space to switch between
`
`said plurality of application, said device having a fixed
`
`resolution display, comprising:
`
`[1a]
`
` receiving a plurality of inputs from a user, said plurality of
`
`inputs comprising at least first, second, and third inputs;
`
`[1b]
`
` opening said plurality of applications in response to said
`
`plurality of inputs, said plurality of applications comprising at
`
`least first, second, and third applications, wherein for each one
`
`of said plurality of applications (i) an object is generated
`
`having application-specific data, (ii) said object is displayed in
`
`said 2D space on said fixed resolution display, and (iii) said
`
`user is allowed to modify at least a portion of said application-
`
`specific data by interacting with said object;
`
`v
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`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`[1c]
`
` allowing a user to switch between said plurality of application,
`
`comprising;
`
`[1c-1]
`
` generating at least a plurality of images, said plurality of
`
`images comprising at least first, second, and third images,
`
`wherein said first image is an image of at least a portion of a
`
`first object generated by said first application and having first
`
`application-specific data, said second image is an image of at
`
`least a portion of a second object generated by said second
`
`application and having second application-specific data, and
`
`said third image is an image of at least a portion of a third
`
`object generated by said third application and having third
`
`application-specific data;
`
`vi
`
`

`

`[1c-2]
`
` replacing all objects corresponding to said plurality of
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`applications that are visible in said 2D space with said plurality
`
`of images, said plurality of images being displayed in said 3D
`
`immersive space and in an order based on a last time that said
`
`user one of (i) opened said first application and interacted with
`
`said first object, (ii) opened said second application and
`
`interacted with said second object, and (iii) opened said third
`
`application and interacted with said third object, wherein a first
`
`one in said order is displayed in a foreground of said 3D
`
`immersive space, a second one in said order is displayed in a
`
`background of said 3D immersive space behind at least said
`
`first one in said order, and a third one in said order is displayed
`
`in said background of said 3D immersive space behind at least
`
`said second one in said order;
`
`[1c-3]
`
` allowing said user to move said plurality of images, wherein (i)
`
`movement of one of said plurality of images results in
`
`movement of all of said plurality of images, and
`
`vii
`
`

`

`[1c-4]
`
`(ii) continued movement in one direction of one of said plurality
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`of images results in a perception to said user that said one of
`
`said plurality of images is moved off of said fixed resolution
`
`display; and
`
`[1c-5]
`
` allowing said user to delete at least one of said plurality of
`
`images from said 3D immersive space, wherein deletion of said
`
`second one in said order results in said third one in said order
`
`being moved to a location in said 3D immersive space where
`
`said second one in said order was located prior to said deletion;
`
`and
`
`[1d]
`
` allowing said user to interact with one of said first, second, and
`
`third applications, comprising:
`
`[1d-1]
`
` receiving a selection from said user of one of said plurality of
`
`images corresponding to one of said plurality of applications;
`
`[1d-2]
`
` replacing said plurality of images within said 3D immersive
`
`space with one of said first, second, and third objects
`
`corresponding to said one of said plurality of applications
`
`within said 2D space in response to said selection;
`
`viii
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`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`[1d-3]
`
` receiving at least one interaction by said user with said one of
`
`said first, second, and third objects within said 2D space; and
`
`[1d-4]
`
` modifying said one of said first, second, and third application-
`
`specific data in response to said at least one interaction.
`
`Claim 2
`
`[2]
`
`The method of claim 1, wherein said step of displaying said
`
`plurality of images on said display device further comprises
`
`displaying said plurality of images together with a plurality of
`
`icons, wherein each one of said plurality of images has a
`
`corresponding one of said plurality of icons.
`
`Claim 3
`
`[3]
`
`The method of claim 1, wherein said step of displaying said
`
`plurality of images on said display device further comprises
`
`displaying said plurality of images together with a plurality of
`
`descriptions, wherein each one of said plurality of images has a
`
`corresponding one of said plurality of descriptions.
`
`
`
`
`
`ix
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`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`Claim 4
`
`[4]
`
`The method of claim 1, further comprising the step of storing in
`
`a database data linking each one of said plurality of images
`
`with a corresponding one of said plurality of applications and a
`
`corresponding one of said order in which said plurality of
`
`images are displayed on said display device.
`
`Claim 5
`
`[5]
`
`The method of claim 1, wherein a reduction in size of an object
`
`or portion thereof is used to depict said object or portion
`
`thereof as being behind at least one other object or other
`
`portion of said object.
`
`Claim 6
`
`[6a]
`
` The method of claim 1, further comprising the steps of:
`
`displaying a fourth image on said display device, said fourth
`
`image being an image of a desktop having at least one other
`
`application; and
`
`x
`
`

`

`[6b]
`
` allowing said user to open said other application by allowing
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`said user to select said fourth image, replacing said fourth
`
`image with said desktop in response to said selection, receiving
`
`an interaction from said user with said other application, and
`
`opening said other application in response to said interaction.
`
`Claim 7
`
`[7]
`
`The method of claim 1, wherein each one of said plurality of
`
`applications comprises a web browser application, and each
`
`one of said first, second, and third objects comprises a web
`
`browser window.
`
`Claim 8
`
`[8a]
`
` The method of claim 7, further comprising the steps of:
`
`displaying at least fourth and fifth images in a second 3D
`
`immersive space, wherein said fourth image is an image of said
`
`plurality of images within said 3D immersive space and said
`
`fifth image is an image of at least a portion of a fourth object
`
`generated by a fourth application previously opened by said
`
`user; and
`
`xi
`
`

`

`[8b]
`
` allowing said user to interact with said one of said first, second,
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`and third applications by selecting said fourth image, selecting
`
`said one of said plurality of images corresponding to said one
`
`of said plurality of applications, and interacting with said one
`
`of said first, second, and third objects corresponding to said one
`
`of said plurality of applications.
`
`Claim 9
`
`[9]
`
`The method of claim 1, wherein said step of replacing said
`
`plurality of images with one of said first, second, and third
`
`objects, further comprises enlarging a size of at least said one
`
`of said plurality of images before replacing said one of said
`
`plurality of images with said one of said first, second, and third
`
`objects, thereby simulating movement of said one of said
`
`plurality of images in a z-axis of said display device.
`
`
`
`
`
`
`
`
`
`xii
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`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`Claim 10
`
`[10pre]
`
`A system for using a two-dimensional (2D) space to selectively
`
`interact with at least one of a plurality of applications open on a
`
`computing device and a three-dimensional (3D) space to switch
`
`between said plurality of application, comprising:
`
`[10a]
`
` a display device;
`
`[10b]
`
` at least one input device;
`
`[10c]
`
` at least one processor operatively coupled to said display
`
`device and said at least one input device; and
`
`[10d]
`
` a memory device comprising executable code for:
`
`[10d-1]
`
` receiving a plurality of inputs from a user, said plurality of
`
`inputs comprising at least first, second, and third inputs;
`
`xiii
`
`

`

`[10d-2]
`
` opening said plurality of applications in response to said
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`plurality of inputs, said plurality of applications comprising at
`
`least first, second, and third applications, wherein for each one
`
`of said plurality of applications (i) an object is generated
`
`having application-specific data, (ii) said object is displayed in
`
`said 2D space on said fixed resolution display, and (iii) said
`
`user is allowed to modify at least a portion of said application-
`
`specific data by interacting with said object;
`
`[10d-3]
`
` allowing a user to switch between said plurality of application,
`
`comprising;
`
`xiv
`
`

`

`[10d-3i]
`
` generating at least a plurality of images, said plurality of
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`images comprising at least first, second, and third images,
`
`wherein said first image is an image of at least a portion of a
`
`first object generated by said first application and having first
`
`application-specific data, said second image is an image of at
`
`least a portion of a second object generated by said second
`
`application and having second application-specific data, and
`
`said third image is an image of at least a portion of a third
`
`object generated by said third application and having third
`
`application-specific data;
`
`xv
`
`

`

`[10d-3ii]
`
` replacing said object corresponding to one of said plurality of
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`applications that is being interacted with by said user in said 2D
`
`space with said plurality of images, said plurality of images
`
`being displayed in said 3D space and in an order based on a last
`
`time that said user one of (i) opened said first application and
`
`interacted with said first object, (ii) opened said second
`
`application and interacted with said second object, and (iii)
`
`opened said third application and interacted with said third
`
`object, wherein a first one in said order is displayed in a
`
`foreground of said 3D space in front of at least said second one
`
`in said order, said second one in said order is displayed in said
`
`3D space behind at least said first one in said order, and a third
`
`one in said order is displayed in said 3D space behind at least
`
`said second one in said order;
`
`[10d-3iii]
`
` allowing said user to move said plurality of images, wherein (i)
`
`movement of one of said plurality of images results in
`
`movement of all of said plurality of images, and
`
`xvi
`
`

`

`[10d-3iv]
`
`(ii) continued movement in one direction of one of said plurality
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`of images results in a perception to said user that said one of
`
`said plurality of images is moved off of said fixed resolution
`
`display; and
`
`[10d-3v]
`
` allowing said user to delete at least one of said plurality of
`
`images from said 3D space, wherein deletion of said second
`
`one in said order results in said third one in said order being
`
`moved to a location in said 3D space where said second one in
`
`said order was located prior to said deletion; and
`
`[10d-4]
`
` allowing said user to interact with one of said first, second, and
`
`third applications, comprising:
`
`[10d-4i]
`
` receiving a selection from said user of one of said plurality of
`
`images corresponding to one of said plurality of applications;
`
`[10d-4ii]
`
` replacing said plurality of images within said 3D space with
`
`one of said first, second, and third objects corresponding to said
`
`one of said plurality of applications within said 2D space in
`
`response to said selection;
`
`xvii
`
`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`[10d-4iii]
`
` receiving at least one interaction by said user with said one of
`
`said first, second, and third objects within said 2D space; and
`
`[10d-4iv]
`
` modifying said one of said first, second, and third application-
`
`specific data in response to said at least one interaction.
`
`Claim 11
`
`[11]
`
`The system of claim 10, wherein said step of displaying said
`
`plurality of images on said display device further comprises
`
`displaying said plurality of images together with a plurality of
`
`icons and a plurality of descriptions, wherein each one of said
`
`plurality of images has a corresponding one of said plurality of
`
`icons and a corresponding one of said plurality of descriptions.
`
`Claim 12
`
`[12]
`
`The system of claim 10, further comprising periodically
`
`replacing at least one of said plurality of images with at least
`
`one other image, said other image showing at least one change
`
`to application specific data of a corresponding to one of said
`
`plurality of applications while said plurality of images are
`
`being displayed in said 3D space.
`
`xviii
`
`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`Claim 13
`
`[13]
`
`The system of claim 12, further comprising the step of receiving
`
`a request from said user to switch from said 2D space to said
`
`3D space, wherein said step of replacing said object in said 2D
`
`space with said plurality of images further comprises replacing
`
`said object in said 2D space with said plurality of images in
`
`response to receiving said request to switch from said 2D space
`
`to said 3D space.
`
`Claim 14
`
`[14]
`
`The system of claim 10, wherein a reduction in size of an object
`
`or portion thereof is used to depict said object or portion
`
`thereof as being behind at least one other object or other
`
`portion of said object.
`
`Claim 15
`
`[15a]
`
` The system of claim 10, wherein said executable code is further
`
`configured to: display a fourth image on said display device in
`
`said 3D space, said fourth image being an image of a desktop
`
`having at least one other application; and
`
`xix
`
`

`

`[15b]
`
` allow said user to open said other application by allowing said
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`user to select said fourth image, replacing said fourth image
`
`with said desktop in response to said selection, receiving an
`
`interaction from said user with said other application, and
`
`opening said other application in response to said interaction.
`
`Claim 16
`
`[16]
`
`The system of claim 10, wherein each one of said plurality of
`
`applications comprises a web browser application, and each
`
`one of said first, second, and third objects comprises a web
`
`browser window.
`
`Claim 17
`
`[17a]
`
`The system of claim 16, wherein said executable code is further
`
`configured to: display at least fourth and fifth images in a
`
`second 3D space, wherein said fourth image is an image of said
`
`plurality of images within said 3D space and said fifth image is
`
`an image of at least a portion of a fourth object generated by a
`
`fourth application previously opened by said user; and
`
`xx
`
`

`

`[17b]
`
` allow said user to interact with said one of said first, second,
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`and third applications by selecting said fourth image, selecting
`
`said one of said plurality of images corresponding to said one
`
`of said plurality of applications, and interacting with said one
`
`of said first, second, and third objects corresponding to said one
`
`of said plurality of applications.
`
`Claim 18
`
`[18]
`
`The system of claim 10, wherein said step of replacing said
`
`plurality of images with one of said first, second, and third
`
`objects, further comprises enlarging a size of at least said one
`
`of said plurality of images before replacing said one of said
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`plurality of images with said one of said first, second, and third
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`objects, thereby simulating movement of said one of said
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`plurality of images in a z-axis of said display device.
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`
`
`
`
`
`
`
`
`
`
`xxi
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`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`Claim 19
`
`[19pre]
`
`A method for using a two-dimensional (2D) space to selectively
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`interact with at least one of a plurality of applications open on a
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`device and a three-dimensional (3D) space to switch between
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`said plurality of application, comprising:
`
`[19a]
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` receiving a plurality of inputs from a user, said plurality of
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`inputs comprising at least first, second, and third inputs;
`
`[19b]
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` opening said plurality of applications in response to said
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`plurality of inputs, said plurality of applications comprising at
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`least first, second, and third applications, wherein for each one
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`of said plurality of applications (i) an output is generated
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`having application-specific data, (ii) displaying said output in
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`said 2D space on said fixed resolution display, and (iii)
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`allowing said user to modify at least a portion of said
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`application-specific data by interacting with said output;
`
`[19c]
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` allowing a user to view information on said plurality of
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`application, comprising;
`
`xxii
`
`

`

`[19c-1]
`
` generating at least a plurality of images, said plurality of
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`images comprising at least first, second, and third images,
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`wherein said first image is an image of at least a portion of a
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`first object generated by said first application and having first
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`application-specific data, said second image is an image of at
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`least a portion of a second object generated by said second
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`application and having second application-specific data, and
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`said third image is an image of at least a portion of a third
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`object generated by said third application and having third
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`application-specific data;
`
`xxiii
`
`

`

`[19c-2]
`
` replacing said output corresponding to one of said plurality of
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`applications that is being interacted with by said user in said 2D
`
`space with said plurality of images, said plurality of images
`
`being displayed in said 3D space and in an order based on a last
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`time that said user one of (i) opened said first application and
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`interacted with said first object, (ii) opened said second
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`application and interacted with said second object, and (iii)
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`opened said third application and interacted with said third
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`object, wherein said 3D space comprises at least a foreground
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`and a background, a first one in said order is displayed in said
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`foreground, and second and third ones in said order are
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`displayed in one of a foreground and a background;
`
`[19c-3]
`
` allowing said user to move said plurality of images, wherein (i)
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`movement of one of said plurality of images results in
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`movement of all of said plurality of images, and
`
`[19c-4]
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`(ii) continued movement in one direction of one of said plurality
`
`of images results in a perception to said user that said one of
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`said plurality of images is moved off of said fixed resolution
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`display; and
`
`xxiv
`
`

`

`[19c-5]
`
` allowing said user to delete at least one of said plurality of
`
`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`images from said 3D space, wherein deletion of said second
`
`one in said order results in said third one in said order being
`
`moved to a location in said 3D space where said second one in
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`said order was located prior to said deletion; and
`
`[19d]
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` allowing said user to interact with one of said first, second, and
`
`third applications, comprising:
`
`[19d-1]
`
` receiving a selection from said user of one of said plurality of
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`images corresponding to one of said plurality of applications;
`
`[19d-2]
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` replacing said plurality of images within said 3D space with
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`one of said first, second, and third outputs corresponding to
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`said one of said plurality of applications within said 2D space
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`in response to said selection;
`
`[19d-3]
`
` receiving at least one interaction by said user with said one of
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`said first, second, and third outputs within said 2D space; and
`
`[19d-4]
`
` modifying said one of said first, second, and third application-
`
`specific data in response to said at least one interaction.
`
`
`
`xxv
`
`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`Claim 20
`
`[20]
`
`The method of claim 19, wherein said step of replacing said
`
`plurality of images with one of said first, second, and third
`
`objects, further comprises enlarging a size of at least said one
`
`of said plurality of images before replacing said one of said
`
`plurality of images with said one of said first, second, and third
`
`objects, thereby simulating movement of said one of said
`
`plurality of images in a z-axis of said display device.
`
`
`
`
`
`
`
`xxvi
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`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`
`I.
`INTRODUCTION
`Apple Inc. (“Petitioner” or “Apple”) petitions for Inter Partes Review
`
`(“IPR”) of claims 1-20 (the “Challenged Claims”) of U.S. Patent No. 9,696,868
`
`(“’868 Patent”). Compelling evidence presented in this Petition demonstrates at
`
`least a reasonable likelihood that Apple will prevail with respect to at least one of
`
`the Challenged Claims. Accordingly, Apple respectfully submits that an IPR
`
`should be instituted, and that the Challenged Claims should be canceled as
`
`unpatentable.
`
`The ’868 Patent is directed to a three-dimensional computing interface “that
`
`allows the user to efficiently navigate though [sic] a virtual space wherein groups
`
`of windows can be easily organized, stored, and retrieved.” APPLE1001, 1:30-39,
`
`2:41-50. More specifically, the ’868 Patent describes an interface that “runs within
`
`web browsers (e.g., Internet Explorer and Mozilla Firefox) or as a stand-alone
`
`application,” and that “simulates a 3-D space within a 2-D window by redrawing
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`objects in the space relative to one another as determined by their perceived
`
`distance from the viewer.” APPLE1001, 8:10-27. A user of the interface is said to
`
`be able to “toggle or switch between 2D and 3D for any selectively captured
`
`computing output and information (webpages, applications, documents, desktops
`
`or anything that can be visualized on a computer)” by “clicking an icon or bottom
`
`1
`
`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`[sic] (analogous to minimize in windows operating system).” APPLE1001, 22:7-
`
`30.
`
`The ’868 Patent’s claimed systems and methods are for “using a two-
`
`dimensional (2D) space to selectively interact with a plurality of applications open
`
`on a device and a three-dimensional (3D) immersive space to switch between said
`
`plurality of application [sic]” were not new. APPLE1001, 38:40-44:33. To the
`
`contrary, as demonstrated within this Petition with reference to Dr. Henry Fuchs’s
`
`testimony and additional evidence, the claimed concepts had already been
`
`researched, developed, and integrated into working systems long before the ’868
`
`patent’s earliest effective filing date.
`
`In fact, the ’868 Patent was granted without full consideration to the wide
`
`body of applicable prior art, and without a single prior art rejection. See generally
`
`APPLE1002. And, as Dr. Fuchs explains, the claimed systems and methods would
`
`have been obvious to a POSITA based on the teachings of several prior art
`
`references. See infra §VI; APPLE1003.
`
`For example, Anthony (APPLE1007) describes “[a] three-dimensional (3D)
`
`view of a data collection” in the form of a timeline that depicts a plurality of items
`
`in focal groups according to a logical order. APPLE1007, Abstract, ¶¶[0042],
`
`[0043], [0011], FIG. 4. Each item can be “a visual representation of a file, folder,
`
`virtual folder, or any other data object,” and a user viewing the timeline can freely
`
`2
`
`

`

`Attorney Docket No. 50095-0110IP1
`IPR of U.S. Patent No. 9,696,868
`navigate among data objects, and can select particular objects to open associated
`
`applications. APPLE1007, ¶¶[0042]-[0044], [0047], [0066], [0084]-[0085], FIG. 5.
`
`Similarly, Hanggie (APPLE1006) describes “[a] method and system for
`
`rendering a desktop on a computer that “uses advanced textures, lighting, and 3D
`
`transformations, yet supports legacy applications.” APPLE1006, ¶¶[0012], [0015],
`
`[0026]. For example, Hanggie describes the use of a 3D graphics engine (such as
`
`Microsoft Direct3D®) for rendering windows in 3D, and explains that 3D user
`
`interaction with a given window can be reported to the corresponding application.
`
`Hanggie further explains that a user may manually or automatically switch between
`
`2D and 3D drawing modes based on a number of factors including system
`
`capabilities and/or power conservation. APPLE1006, ¶[0092].
`
`By revealing the Challenged Claims as obvious combinations of well-known
`
`features, Petitioner seeks to correct the material error that led to issuance of the
`
`’