Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 1 of 42 PageID #: 1629
`
`
`
`
`
`
`
`
`
`Exhibit A
`
`
`
`1
`
`
`
`
`
`
`
`
`
`
`
`Exhibit A
`
`
`
`1
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 2 of 42 PageID #: 1630
`
`
`
`U.S. Patent No. 7,933,431
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`[’431 Patent Claim 1]
`
`1. A method for controlling a
`handheld computing device
`comprising the steps of:
`
`
`holding said device in one
`hand;
`moving at least one finger
`in space in order to signal a
`command to said device;
`
`electro-optically sensing
`light reflected from said at
`least one finger using a
`sensing means associated
`with said device;
`
`determining from said
`sensed light the movement
`of said finger, and
`
`using said sensed finger
`movement information,
`controlling said device in
`accordance with said
`command.
`
`
`[’431 Patent Claim 1]
`
`1. A method for controlling a
`handheld computing device
`comprising the steps of:
`
`
`holding said device in one
`hand;
`moving at least one finger
`in space in order to signal a
`command to said device;
`
`
`
`
`2
`
`Court’s
`Construction
`
`
`
`
`
`No construction
`necessary.
`
`
`
`Defendants’
`Proposed
`Construction
`
`“sensing [light
`reflected from said at
`least one finger] by
`measuring changes
`to an electric field”
`
`
`
`No construction
`necessary. Not
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`Alternatively, if the
`Court finds this term
`is subject to 35
`U.S.C. § 112 ¶ 6:
`
`Function: “electro-
`optically sensing
`
`This term is
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function: “electro-
`optically sensing
`light reflected from
`said at least one
`finger”
`
`Structure: “a
`camera”
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 3 of 42 PageID #: 1631
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`
`
`light reflected from
`at least one finger”
`
`Structure: Electro-
`optical sensor.
`
`
`No construction
`necessary.
`
`
`
`No construction
`necessary.
`
`
`
`
`
`
`
`“sensing light
`reflected from said at
`least one finger by
`measuring changes
`to an electric field”
`
`
`“wherein said
`movement is
`determined with
`respect to three
`perpendicular axes”
`
`
`[Agreed]
`
`[Agreed]
`
`Not governed by 35
`U.S.C. § 112 ¶ 6.
`
`“a camera associated
`with said housing for
`obtaining an image
`using reflected light
`of at
`least one object
`positioned by a user
`operating
`said object”
`
`electro-optically sensing
`light reflected from said at
`least one finger using a
`sensing means associated
`with said device;
`
`determining from said
`sensed light the movement
`of said finger, and
`
`using said sensed finger
`movement information,
`controlling said device in
`accordance with said
`command.
`
`
`[’431 Patent Claim 2]
`
`2. A method according to
`claim 1, wherein at least one
`camera is utilized to effect
`said electro-optical sensing.
`
`[’431 Patent Claim 4]
`
`4. A method according to
`claim 1, wherein said
`movement is sensed in 3
`dimensions.
`
`[’431 Patent Claim 7]
`
`7. Handheld computer
`apparatus comprising:
`
`
`a housing;
`
` a
`
` camera means
`associated with said
`housing for obtaining an
`image using reflected
`light of at least one object
`
`
`
`3
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 4 of 42 PageID #: 1632
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`No construction
`necessary. Not
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`Alternatively, if the
`Court finds this term
`is subject to 35
`U.S.C. § 112 ¶ 6:
`
`Function:
`“analyzing said
`image to determine
`information
`concerning a position
`or movement of an
`object”
`
`Structure: A
`computer with at
`least one
`microprocessor
`specially
`programmed
`programed to
`determine
`information
`concerning a position
`
`
`
`This term is
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function:
`“analyzing said
`image to determine
`information
`concerning a position
`or movement of said
`object [positioned by
`a user operating said
`object]”
`
`The dependent
`claims currently
`asserted by Plaintiff
`further add to the
`function, including:
`(1) wherein said
`object is a finger
`(Claim 8)
`
`Structure: “A
`computer
`programmed to (1)
`scan the pixel
`elements in a matrix
`array on which said
`
`positioned by a user
`operating said object;
`
`computer means within
`said housing for analyzing
`said image to determine
`information concerning a
`position or movement of
`said object; and
`
`means for controlling a
`function of said apparatus
`using said information.
`[’431 Patent Claim 7]
`
`7. Handheld computer
`apparatus comprising:
`
`
`a housing;
`
` a
`
` camera means associated
`with said housing for
`obtaining an image using
`reflected light of at least
`one object positioned by a
`user operating said object;
`
`computer means within
`said housing for
`analyzing said image to
`determine information
`concerning a position or
`movement of said object;
`and
`
`means for controlling a
`function of said apparatus
`using said information.
`
`
`
`4
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 5 of 42 PageID #: 1633
`
`
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`or movement of said
`object.
`
`
`Court’s
`Construction
`
`Defendants’
`Proposed
`Construction
`
`image is formed, and
`then calculate the
`centroid location
`“x,y” of a target on
`the object using the
`moment method
`disclosed in U.S.
`Patent No. 4,219,847
`to Pinkney, as
`disclosed at 4:48-62;
`(2) add or subtract
`said image from
`prior images and
`identify movement
`blur, as disclosed at
`6:64-7:14, 7:22-29;
`(3) obtain a time
`variant intensity
`change in said image
`from the detected
`output voltage from
`the signal
`conditioning of the
`camera means or by
`subtracting images
`and observing the
`difference due to
`such variation, as
`disclosed at 8:25-38;
`or (4) detect a
`change in color
`reflected from a
`diffractive,
`refractive, or
`interference based
`element on said
`object that reflects
`different colors
`during movement, as
`disclosed at 8:60-
`9:14.”
`
`5
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 6 of 42 PageID #: 1634
`
`Court’s
`Construction
`
`
`
`
`
`Defendants’
`Proposed
`Construction
`
`This term is
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function:
`“controlling a
`function of said
`[handheld computer]
`apparatus using said
`information
`[concerning a
`position or
`movement of said
`object positioned by
`a user operating said
`object]”
`
`The dependent
`claims currently
`asserted by Plaintiff
`further add to the
`function, including:
`(1) wherein said
`object is a finger
`(Claim 8)
`
`Structure: Indefinite
`
`This term is
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function:
`“controlling a
`display function”
`
`Structure: “a
`computer
`programmed to (1)
`move a slider on the
`display as disclosed
`at 13:54-67, (2) turn
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`This term is
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function:
`“controlling a
`function of said
`apparatus using said
`information”
`
`Structure: a control
`system associated
`with a camera
`
`
`[’431 Patent Claim 7]
`
`7. Handheld computer
`apparatus comprising:
`
`
`a housing;
`
` a
`
` camera means associated
`with said housing for
`obtaining an image using
`reflected light of at least
`one object positioned by a
`user operating said object;
`
`computer means within
`said housing for analyzing
`said image to determine
`information concerning a
`position or movement of
`said object; and
`
`means for controlling a
`function of said
`apparatus using said
`information.
`
`[’431 Patent Claim 9]
`
`9. Apparatus according to
`claim 7, further including a
`display function which is
`controlled.
`
`No construction
`necessary. Not
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`
`
`
`6
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 7 of 42 PageID #: 1635
`
`Court’s
`Construction
`
`Defendants’
`Proposed
`Construction
`
`a knob on the display
`as disclosed at
`13:63-14:9, or (3)
`throw a switch on the
`display as disclosed
`at 13:63-13:67”
`
`This term is
`governed by 35
`U.S.C. § 112 ¶ 6
`
`Function:
`“transmitting
`information”
`
`Structure: “cellular
`transmitter”
`
`
`“a light source
`designed to transmit
`light directly onto
`said object”
`
`
`“wherein said
`information is
`obtained with respect
`to three
`perpendicular axes”
`
`
`
`
`
`
`
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`[’431 Patent Claim 11]
`
`11. Apparatus according to
`claim 7, further including
`means for transmitting
`information.
`
`
`[’431 Patent Claim 12]
`
`12. Apparatus according to
`claim 7, further including a
`light source for
`illuminating said object.
`[’431 Patent Claim 19]
`
`19. A method according to
`claim 14, wherein said
`information is obtained in
`3 dimensions.
`
`
`
`
`
`
`
`This term is
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function:
`“transmitting
`information”
`
`Structure: A
`transmitter.
`
`
`No construction
`necessary.
`
`
`No construction
`necessary.
`
`
`
`
`
`7
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 8 of 42 PageID #: 1636
`
`
`
`U.S. Patent No. 8,194,924
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`No construction
`necessary.
`
`
`
`
`
`“having a field of
`view encompassing”
`
`
`
`No construction
`necessary.
`
`
`
`
`
`Indefinite under
`IPXL Holdings, LLC
`v. Amazon.com, Inc.,
`430 F.3d 1377 (Fed.
`Cir. 2005).
`
`
`
`[’924 Patent Claim 1]
`
`1. A handheld device
`comprising:
`
`
`a housing;
`
` a
`
` computer within the
`housing;
`
` a
`
` first camera oriented to
`view a user of the handheld
`device and having a first
`camera output; and
`
` a
`
` second camera oriented
`to view an object other
`than the user of the device
`and having a second
`camera output, wherein the
`first and second cameras
`include non-overlapping
`fields of view, and wherein
`the computer is adapted to
`perform a control function
`of the handheld device
`based on at least one of the
`first camera output and the
`second camera output.
`
`[’924 Patent Claim 1]
`
`1. A handheld device
`comprising:
`
`
`a housing;
`
` a
`
` computer within the
`housing;
`
`
`
`
`8
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 9 of 42 PageID #: 1637
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`No construction
`necessary.
`
`
`
`
`
`Indefinite under
`IPXL Holdings, LLC
`v. Amazon.com, Inc.,
`430 F.3d 1377 (Fed.
`Cir. 2005).
`
`
`
`a first camera oriented to
`view a user of the
`handheld device and
`having a first camera
`output; and
`
` a
`
` second camera oriented
`to view an object other
`than the user of the device
`and having a second
`camera output, wherein the
`first and second cameras
`include non-overlapping
`fields of view, and wherein
`the computer is adapted to
`perform a control function
`of the handheld device
`based on at least one of the
`first camera output and the
`second camera output.
`
`[’924 Patent Claim 1]
`
`1. A handheld device
`comprising:
`
`
`a housing;
`
` a
`
` computer within the
`housing;
`
` a
`
` first camera oriented to
`view a user of the handheld
`device and having a first
`camera output; and
`
` a
`
` second camera oriented
`to view an object other
`than the user of the device
`and having a second
`camera output, wherein the
`first and second cameras
`
`
`
`9
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 10 of 42 PageID #: 1638
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`include non-overlapping
`fields of view, and wherein
`the computer is adapted to
`perform a control function
`of the handheld device
`based on at least one of the
`first camera output and the
`second camera output.
`
`[’924 Patent Claims 1, 6-8,
`10, 12, 14]
`
`1. A handheld device
`comprising:
`
`
`a housing;
`
` a
`
` computer within the
`housing;
`
` a
`
` first camera oriented to
`view a user of the handheld
`device and having a first
`camera output; and
`
` a
`
` second camera oriented
`to view an object other
`than the user of the device
`and having a second
`camera output, wherein the
`first and second cameras
`include non-overlapping
`fields of view, and
`wherein the computer is
`adapted to perform a
`control function of the
`handheld device based on
`at least one of the first
`camera output and the
`second camera output.
`
`No construction
`necessary. Not
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`
`
`
`
`Governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function: “perform
`a control function of
`the handheld device
`based on at least one
`of the first camera
`output and the
`second camera
`output”
`
`The dependent
`claims currently
`asserted by Plaintiff
`add additional
`functions, including:
`(1) “determine a
`gesture based on at
`least one of the first
`camera output and
`the second camera
`output” (Claim 6);
`(2) “determine a
`facial expression
`based on at least one
`of the first camera
`output and the
`second camera
`output” (Claim 7);
`(3) “determine at
`least one of the
`position and the
`
`
`
`
`
`10
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 11 of 42 PageID #: 1639
`
`Court’s
`Construction
`
`Defendants’
`Proposed
`Construction
`
`orientation of the
`object based on the
`second camera
`output” (Claim 8);
`(4) “recognize the
`object based on the
`second camera
`output” (Claim 10);
`(5) “determine a
`reference frame of
`the object” (Claim
`12)
`(6) “transmit
`information over an
`internet connection”
`(Claim 14)
`
`Structure: Indefinite
`
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`6. The handheld device of
`claim 1 wherein the
`computer is operable to
`determine a gesture based on
`at least one of the first
`camera output and the
`second camera output.
`
`7. The handheld device of
`claim 1 wherein the
`computer is operable to
`determine a facial expression
`based on at least one of the
`first camera output and the
`second camera output.
`
`8. The handheld device of
`claim 1 wherein the
`computer is adapted to
`determine at least one of the
`position and the orientation
`of the object based on the
`second camera output.
`
`10. The handheld device of
`claim 1 wherein the
`computer is adapted to
`recognize the object based
`on the second camera output.
`
`12. The handheld device of
`claim 1 wherein the
`computer is adapted to
`determine a reference frame
`of the object.
`
`14. The handheld device of
`claim 1 wherein the
`computer is adapted to
`transmit information over an
`internet connection.
`
`
`
`11
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 12 of 42 PageID #: 1640
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`[’924 Patent Claims 1, 3-5,
`8, 10, 12, 14]
`
`1. A handheld device
`comprising:
`
`
`a housing;
`
`No construction
`necessary.
`
`
`
`
`
`computer:
`“programmed to”
`
`first and second
`cameras: “designed
`to”
`
`
` a
`
` computer within the
`housing;
`
` a
`
` first camera oriented to
`view a user of the handheld
`device and having a first
`camera output; and
`
` a
`
` second camera oriented
`to view an object other
`than the user of the device
`and having a second
`camera output, wherein the
`first and second cameras
`include non-overlapping
`fields of view, and wherein
`the computer is adapted to
`perform a control function
`of the handheld device
`based on at least one of the
`first camera output and the
`second camera output.
`
`3. The handheld device of
`claim 1 wherein the first
`camera is adapted to
`acquire an image of at least a
`portion of the user.
`
`4. The handheld device of
`claim 1 wherein the second
`camera is adapted to
`acquire an image of the
`object.
`
`
`
`12
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 13 of 42 PageID #: 1641
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`
`5. The handheld device of
`claim 1 wherein the second
`camera is adapted to
`acquire a video of the object.
`
`8. The handheld device of
`claim 1 wherein the
`computer is adapted to
`determine at least one of the
`position and the orientation
`of the object based on the
`second camera output.
`
`10. The handheld device of
`claim 1 wherein the
`computer is adapted to
`recognize the object based
`on the second camera output.
`
`12. The handheld device of
`claim 1 wherein the
`computer is adapted to
`determine a reference frame
`of the object.
`
`14. The handheld device of
`claim 1 wherein the
`computer is adapted to
`transmit information over an
`internet connection.
`
`[’924 Patent Claims 6, 9]
`
`6. The handheld device of
`claim 1 wherein the
`computer is operable to
`determine a gesture based
`on at least one of the first
`camera output and the
`second camera output.
`
`
`No construction
`necessary.
`
`
`
`
`
`“a sequence of
`positions that
`conveys a meaning”
`
`
`
`
`
`13
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 14 of 42 PageID #: 1642
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`9. The handheld device of
`claim 6 wherein the gesture
`is performed by a person
`other than the user of the
`handheld device.
`
`[’924 Patent Claim 9]
`
`9. The handheld device of
`claim 6 wherein the gesture
`is performed by a person
`other than the user of the
`handheld device.
`
`
`
`
`
`
`No construction
`necessary.
`
`
`
`
`Indefinite under
`IPXL Holdings, LLC
`v. Amazon.com, Inc.,
`430 F.3d 1377 (Fed.
`Cir. 2005).
`
`
`
`
`14
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 15 of 42 PageID #: 1643
`
`
`
`U.S. Patent No. 8,553,079
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`No construction
`necessary.
`
`
`
`
`“a sequence of
`positions that
`conveys a meaning”
`
`
`[’079 Patent Claims 1, 4-5,
`11, 18-21, 24-25]
`
`1. A computer implemented
`method comprising:
`
`
`providing a light source
`adapted to direct
`illumination through a
`work volume above the
`light source;
`
`providing a camera
`oriented to observe a
`gesture performed in the
`work volume, the camera
`being fixed relative to the
`light source; and
`
`determining, using the
`camera, the gesture
`performed in the work
`volume and illuminated by
`the light source.
`
`
`4. The method according to
`claim 1 wherein detecting a
`gesture includes analyzing
`sequential images of the
`camera.
`
`5. The method according to
`claim 1 wherein the detected
`gesture includes at least one
`of a pinch gesture, a
`pointing gesture, and a grip
`gesture.
`
`11. A computer apparatus
`comprising:
`
`
`
`
`15
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 16 of 42 PageID #: 1644
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`a light source adapted to
`illuminate a human body
`part within a work volume
`generally above the light
`source;
`
` a
`
` camera in fixed relation
`relative to the light source
`and oriented to observe a
`gesture performed by the
`human body part in the
`work volume; and
`
` a
`
` processor adapted to
`determine the gesture
`performed in the work
`volume and illuminated by
`the light source based on
`the camera output.
`
`18. The computer apparatus
`of claim 11 wherein the
`determined gesture includes
`a pinch gesture.
`
`19. The computer apparatus
`of claim 11 wherein the
`determined gesture includes
`a pointing gesture.
`
`20. The computer apparatus
`of claim 11 wherein the
`determined gesture includes
`a grip gesture.
`
`21. A computer implemented
`method comprising:
`providing a camera
`oriented to observe a
`gesture performed in a
`work volume above the
`camera;
`
`
`
`16
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 17 of 42 PageID #: 1645
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`
`providing a light source in
`fixed relation relative to the
`camera and adapted to
`direct illumination through
`the work volume; and
`
`detecting, using the
`camera, a gesture
`performed by at least one
`of a user's fingers and a
`user's hand in the work
`volume.
`
`
`24. The method according to
`claim 21 wherein detecting a
`gesture includes analyzing
`sequential images of the
`camera.
`
`25. The method according to
`claim 21 wherein the
`detected gesture includes at
`least one of a pinch gesture,
`a pointing gesture, and a
`grip gesture.
`
`[’079 Patent Claims 1-3, 9-
`11, 14-15, 21-23, 30]
`
`1. A computer implemented
`method comprising:
`
`
`providing a light source
`adapted to direct
`illumination through a
`work volume above the
`light source;
`
`
`
`providing a camera
`oriented to observe a
`gesture performed in the
`work volume, the camera
`
`
`
`17
`
`No construction
`necessary.
`
`
`
`
`
`“a light source
`designed to transmit
`light directly through
`a work volume
`above the
`component”
`
`“a light source
`designed to transmit
`light directly onto a
`human body part
`within a work
`volume generally
`above the
`component”
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 18 of 42 PageID #: 1646
`
`Court’s
`Construction
`
`Defendants’
`Proposed
`Construction
`
`“a light source in
`fixed relation relative
`to the camera and
`designed to transmit
`light directly through
`the work volume”
`
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`being fixed relative to the
`light source; and
`
`determining, using the
`camera, the gesture
`performed in the work
`volume and illuminated by
`the light source.
`
`2. The method according to
`claim 1 wherein the light
`source includes a light
`emitting diode.
`
`3. The method according to
`claim 1 wherein the light
`source includes a plurality of
`light emitting diodes.
`
`9. The method according to
`claim 1 wherein the camera
`and the light source are
`positioned in fixed relation
`relative to a keypad.
`
`10. The method according to
`claim 9 the camera, the light
`source and the keypad form
`part of a laptop computer.
`
`11. A computer apparatus
`comprising:
`
`
`a light source adapted to
`illuminate a human body
`part within a work
`volume generally above
`the light source;
`
` a
`
` camera in fixed relation
`relative to the light source
`and oriented to observe a
`gesture performed by the
`
`
`
`18
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 19 of 42 PageID #: 1647
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`human body part in the
`work volume; and
`
` a
`
` processor adapted to
`determine the gesture
`performed in the work
`volume and illuminated by
`the light source based on
`the camera output.
`
`14. The computer apparatus
`of claim 11 wherein the light
`source includes a light
`emitting diode.
`
`15. The computer apparatus
`of claim 11 wherein the light
`source includes a plurality of
`light emitting diodes.
`
`21. A computer implemented
`method comprising:
`providing a camera
`oriented to observe a
`gesture performed in a
`work volume above the
`camera;
`
`providing a light source in
`fixed relation relative to
`the camera and adapted
`to direct illumination
`through the work
`volume; and
`
`detecting, using the
`camera, a gesture
`performed by at least one
`of a user's fingers and a
`user's hand in the work
`volume.
`
`
`
`19
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 20 of 42 PageID #: 1648
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`22. The method according to
`claim 21 wherein the light
`source includes a light
`emitting diode.
`
`23. The method according to
`claim 21 wherein the light
`source includes a plurality of
`light emitting diodes.
`
`30. The method according to
`claim 21 wherein the camera
`and the light source are
`positioned in fixed relation
`relative to a keypad.
`
`No construction
`necessary. Not
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`
`
`Governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function:
`“determine the
`gesture performed in
`the work volume and
`illuminated by the
`light source based on
`the camera output”
`
`The dependent
`claims currently
`asserted by Plaintiff
`further add to the
`function, including:
`(1) determining a
`pointing gesture
`(Claim 19)
`
`Structure: Indefinite
`
`
`
`[’079 Patent Claim 11]
`
`11. A computer apparatus
`comprising:
`
` a
`
` light source adapted to
`illuminate a human body
`part within a work volume
`generally above the light
`source;
`
` a
`
` camera in fixed relation
`relative to the light source
`and oriented to observe a
`gesture performed by the
`human body part in the
`work volume; and
`
` a
`
` processor adapted to
`determine the gesture
`performed in the work
`volume and illuminated
`by the light source based
`on the camera output.
`
`
`
`
`
`20
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 21 of 42 PageID #: 1649
`
`Court’s
`Construction
`
`Defendants’
`Proposed
`Construction
`
`light source:
`“designed to”
`
`processor:
`“programmed to”
`
`
`
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`No construction
`necessary.
`
`
`
`[’079 Patent Claim 1, 11, 21]
`
`1. A computer implemented
`method comprising:
`
`
`providing a light source
`adapted to direct
`illumination through a
`work volume above the
`light source;
`
`
`
`providing a camera
`oriented to observe a
`gesture performed in the
`work volume, the camera
`being fixed relative to the
`light source; and
`
`determining, using the
`camera, the gesture
`performed in the work
`volume and illuminated by
`the light source.
`
`
`11. A computer apparatus
`comprising:
`
`
`a light source adapted to
`illuminate a human body
`part within a work volume
`generally above the light
`source;
`
` a
`
` camera in fixed relation
`relative to the light source
`and oriented to observe a
`gesture performed by the
`human body part in the
`work volume; and
`
` a
`
` processor adapted to
`determine the gesture
`
`
`
`21
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 22 of 42 PageID #: 1650
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`performed in the work
`volume and illuminated by
`the light source based on
`the camera output.
`
`21. A computer implemented
`method comprising:
`
`
`providing a camera
`oriented to observe a
`gesture performed in a
`work volume above the
`camera;
`
`providing a light source in
`fixed relation relative to the
`camera and adapted to
`direct illumination through
`the work volume; and
`
`detecting, using the
`camera, a gesture
`performed by at least one
`of a user's fingers and a
`user's hand in the work
`volume.
`
`
`[’079 Patent Claims 8, 28]
`
`8. The method according to
`claim 1 further including
`determining the three-
`dimensional position of a
`point on a user.
`
`28. The method according to
`claim 21 further including
`determining the three-
`dimensional position of a
`point on at least one of the
`user's hand and the user's
`fingers.
`
`
`
`No construction
`necessary.
`
`
`
`
`
`“a position defined
`with respect to three
`perpendicular axes
`(xyz)”
`
`
`22
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 23 of 42 PageID #: 1651
`
`Court’s
`Construction
`
`
`
`Defendants’
`Proposed
`Construction
`
`“volume of space
`above the light
`source visible to the
`camera within which
`gestures are
`performed”
`
`“volume of space
`generally above the
`light source visible
`to the camera within
`which gestures are
`performed”
`
`“volume of space
`above the camera
`visible to the camera
`within which
`gestures are
`performed”
`
`
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`No construction
`necessary.
`
`
`
`[’079 Patent Claims 1, 6-7,
`11-12, 21]
`
`1. A computer implemented
`method comprising:
`
`
`providing a light source
`adapted to direct
`illumination through a
`work volume above the
`light source;
`
`
`
`providing a camera
`oriented to observe a
`gesture performed in the
`work volume, the camera
`being fixed relative to the
`light source; and
`
`determining, using the
`camera, the gesture
`performed in the work
`volume and illuminated by
`the light source.
`
`6. The method according to
`claim 1 further including
`determining the pointing
`direction of a finger in the
`work volume.
`
`7. The method according to
`claim 1 further including
`providing a target positioned
`on a user that is viewable in
`the work volume.
`
`11. A computer apparatus
`comprising:
`
`
`a light source adapted to
`illuminate a human body
`
`
`
`23
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 24 of 42 PageID #: 1652
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`part within a work volume
`generally above the light
`source;
`
` a
`
` camera in fixed relation
`relative to the light source
`and oriented to observe a
`gesture performed by the
`human body part in the
`work volume; and
`
` a
`
` processor adapted to
`determine the gesture
`performed in the work
`volume and illuminated by
`the light source based on
`the camera output.
`
`12. The computer apparatus
`of claim 11 further including
`a display and a keyboard,
`wherein the work volume is
`above the keyboard and in
`front of the display.
`
`21. A computer implemented
`method comprising:
`
`
`providing a camera
`oriented to observe a
`gesture performed in a
`work volume above the
`camera;
`
`providing a light source in
`fixed relation relative to the
`camera and adapted to
`direct illumination through
`the work volume; and
`
`detecting, using the
`camera, a gesture
`performed by at least one
`
`
`
`24
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 25 of 42 PageID #: 1653
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`of a user's fingers and a
`user's hand in the work
`volume.
`
`
`
`
`
`
`
`
`
`25
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 26 of 42 PageID #: 1654
`
`Court’s
`Construction
`
`
`
`Defendants’
`Proposed
`Construction
`
`Governed by 35
`U.S.C. § 112 ¶ 6.
`
`Function:
`“determine a gesture
`has been performed
`in the electro-optical
`sensor output, and
`control the digital
`camera in response
`to the gesture
`performed in the
`electro-optical sensor
`field of view,
`wherein the gesture
`corresponds to an
`image capture
`command, and
`wherein the image
`capture command
`causes the digital
`camera to store an
`image to memory”
`
`The dependent
`claims currently
`asserted by Plaintiff
`further add to the
`function, including:
`(1) determining a
`gesture that includes
`a hand motion
`(Claim 2)
`
`Structure: Indefinite
`
`
`
`
`
`
`U.S. Patent No. 8,878,949
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`No construction
`necessary. Not
`governed by 35
`U.S.C. § 112 ¶ 6.
`
`
`
`[’949 Patent Claim 1]
`
`1. A portable device
`comprising:
`
`
`a device housing including
`a forward facing portion,
`the forward facing portion
`of the device housing
`encompassing an electro-
`optical sensor having a
`field of view and including
`a digital camera separate
`from the electro-optical
`sensor; and
`
` a
`
` processing unit within
`the device housing and
`operatively coupled to an
`output of the electro-
`optical sensor, wherein
`the processing unit is
`adapted to:
`
`
`determine a gesture has
`been performed in the
`electro-optical sensor
`field of view based on
`the electro-optical
`sensor output, and
`
`control the digital
`camera in response to
`the gesture performed
`in the electro-optical
`sensor field of view,
`wherein the gesture
`corresponds to an
`image capture
`command, and wherein
`the image capture
`
`
`
`26
`
`
`
`Case 2:21-cv-00040-JRG Document 73-1 Filed 09/13/21 Page 27 of 42 PageID #: 1655
`
`
`
`Claims
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’
`Proposed
`Construction
`
`Court’s
`Construction
`
`No construction
`necessary.
`
`
`
`
`
`“a sequence of
`positions that
`conveys a meaning”
`
`
`
`command causes the
`digital camera to store
`an image to memory.
`
`
`[’949 Patent Claims 1-3, 8-
`10, 13-15]
`
`1. A portable device
`comprising:
`
`
`a device housing including
`a forward facing portion,
`the forward facing portion
`of the device housing
`encompassing an electro-
`optical sensor having a
`field of view and including
`a digital camera separate
`from the electro-optical
`sensor; and
`
` a
`
` processing unit within the
`device housing and
`operatively coupled to an
`output of the electro-
`optical sensor, wherein the
`processing unit is adapted
`to:
`
`
`determine a gesture has
`been performed in the
`electro-optical sensor
`field of view based on the
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
