Anascape, Ltd v. Microsoft Corp. et al

Filing 211

Joint MOTION Defendants' Objections and Motion to Preclude Testimony by Mark Baldwin and Memorandum In Support by Microsoft Corp.. (Attachments: # 1 Affidavit of Marla Beier# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5)(Vandenberg, John)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 211 Att. 6

EXHIBIT 5

Dockets.Justia.com

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C r for Patents PO BOX 1450 Alexandria VA 22313·1450

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CERTIFICATEOF EXPRESS MA ILING

Sir : I hereby certify that the complete attached response 1document is being deposited with the United States Postal Service as EXPRESS mail article number ET418472871 US, Post Office to Addressee , with sufficient postage prepaid in an envelope addressed to: Commissionerfor Patents , PO Box 1450, Alexandria VA 22313·1450 on this date:

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INFORMATION DISCLOSURESTATEMENT MSRCE Commissionerfor Patent PO BOX 1450 Alexandria VA 22313·1450 Re : Patent Application of Brad A. Armstrong Appl icant's Docket No. 30 Serial No.: 091715,532 Filed : 11/16/2000 Tille : 3D CONTROLLER WITH VIBRATION Applicant's mailing address : Brad A. Armstrong " ' P . O . Box 1419 Paradise, CA 95967 Examiner: Michael Moyer GroupArt Untt: 2675

Dear Sir: This Information Disclosure Statement (IDS) is being filed wtth an RCE because the appl ication has been allowed and the issue fee paid.

Exhibit 5, Page 1 of 10

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art that may pertain to the claims of this application . 1.

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The following sections below address disclosures of prior art and relevant

As part of this Information Disclosure Statement are listings on modified

1449 forms of : A) US Patent References , B) Foreign Patent References , C) Non
Patent Disclosures and Other References , and D) US Patent Application Publications . Best full or part ialcopies which Applicant currently possesses of each of the Foreign Patent References and Non Patent Disclosures and Other References are included herewith, Applicant understands that the PTa now supplies tts own copies of the US Patents and US Patent Applications cited in new patent applications . Ifthis is not correct and Applicant is requiredto acqu ire paper copies from the PTa and then supply them to the PTa, please inform Applicant as soon as possible so that the copies can be ordered from the PTa and sent to the Examiner. Thank you . The Foreign Palent References are in some cases foreign patents and in other cases patent applications. For the Exam iner's convenience, each of the four (A-D) above described lists includes a column with heading of "Previously Subm itted "wherein a "yes" is applied in that column next to each reference which was Previously Submitted . If there is no "yes" inthat column-then·the reference is herein Newly submitted . Please cons ider all Previously and Newly suomfted references during the examination of the present application and claims . Each ofthe four above described lists includes references to Footnotes of Special Interest. The "Footnotes-Reference s of Special Interest" are included to provide assistance to the Examinerwhile determining allowability oftheclaims . The Footnotes pertain to Office Actions. So that the Examiner may befully

Exhibit 5, Page 2 of 10

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inform edof all objections made in the past by any Patent Examiner against any ofAppl icant's cla ims , Applicant herein includes a copy ofeach Office Act ion regarding App licant's other Patent Appl ications whe rein an Examiner rel ied upon the "special inte rest " identified reference artas indicating lack of novelty or ind icating obviousness either alone or in combination for the then claimed invent ion . Many ofthese objections were later found by the Exam iner of record to be overcome resulting in issuance of a US. Patent, but only the objections are listed here forthe sake of brevity and sothat the current Examiner can befully informed of all arguments made in the past by other PTO Examiners against Applicant's claims. The current Examiner is requested to contact Applicant if App licant can answer any questions regarding any of these Office Actions orthe inventionsto which they pertain . 2. Applicant has also provided the below comments and included photographs regarding products once on the market. One such product isthe CyberMan TM controllerftrst sold in 1993 inthe USA by Logitech Inc. 6505 Kaiser Dr. , Fremont CA USA. Applicant believes he isthe inventor of the CyberMan controllerwhich was made without his perm iss ion after failed licensing negotiations regard ing Applicant's US Patent Application No. 07/847 ,619 now Patent 5,589 ,828. Applicant believes an element disclosed in the CyberManthat was not taught in the '828 Patent is the membrane element. Membrane elements are taught in Applicant's US Patent Applicat ion No. 081677,378 filed July 5, 1996. It appears to Applicant that the "one year bar" rule applies to the membrane connection of sensors as disclosed in.CyberMan. Neverthelessthe '378 Patent Application teaches a great variety of novel and unobvious utilizations of a membrane in un ique combination with many important elements . Add itionally the '378 application teaches many elements in inventive combination , numerous structural variat ions and inventive leaps ; both w~h and without the cost saving advantages taught inthe '378 app lication ofthe membrane connecting to the circuit board
w~houtthe

expensive wiring harness of CyberMan . Many embodiments of the

'378 application do not require use of a membrane to be novel and inventive.

Exhibit 5, Page 3 of 10

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and inventive over the CyberMandisciosure.

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And many embodiments of the '378 application having a membrane are novel

Located atthe top of the stack of ReferenceArt copies is a CyberMan disclosure containing 1) an advertisement flyer with the heading CyberMan 3D Controller and 2) photographs 1, 2 and 3 of the CyberMan Controller assembled and also disassembled. Photograph 1 shows the CyberMan ina top perspective view and showing a base , a handle and three buttons. Photograph2 shows a portion ofthe CyberMan in a disassembled state and showing the handle, three buttons, a microswitch for one of the buttons , a wiring harness spanning between a membrane located inthe handle and a circuit board located inthe base. The three buttons each use normally-open momentary-On switches . No proportional pressure-sensorsare used . Movement ofthe major plate is tracked by two bidirectional slide potentiometers (variable resistors) , all other sensors are unidirectional sensors of a momentary-Qn OnlOff only type . The major plate is moveable intwo-axes . Photograph 3 shows a portion of the CyberMan ina disassembled state. Shown in photograph 3 isthe handle in an upside-down position and having a motor with offset weight for providing active tactile feedback. Four metal dome OnlOff switches on a 1al plane (two axes input) , and

two more OnlOff switches located on a third and fourth planes (third axis) are all
integrated with the flexible membrane. The membrane further has solder

connections to two metal dome OnlOff switches (fourth axis) and solder connections to the three OnlOff microswitchesassociatedw ith the finger depressible buttons. The membrane is located inthe handle and the circuit board is located in the base. The expensive conventionalwiring harness spans between the membrane inthe handle and the circuit board in the base . The membrane does not physically engage, contact orconnect to the circuit board . The membrane does not touch the circuit board and does not lay adjacent to the circuit board. The membrane is not adhered to the circuit board , directly connected to the

Exhibit 5, Page 4 of 10

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circuit board , or otherwise in close proximity to the circuit board . All metal domes and physical switch packages are located on only one side of the membrane . Regarding the circuit board , two sensors are located on only one side of the circuit board (the two bi-directionalsliding potentiometers or variable resistors)the second side of the circuit board has nosensors located on it. The Examiner is respectfully requested to exam ine the claims in light of the CyberMan disclosure which the Applicant has described herein and included photographs forthe Examiner'sconsideration . Ifthe Exam iner needs any additional information regard ing CyberMan please contact Applicant or Logitech atthe above listed address , orApplicant would beglad to supply a work ing example of the CyberMan (with screwdriver included :-) for the Exam iner.

3.

Another product on the market is a video game controller manufactured

by Namco Ltd. The Namco controller is believed to have been the controller that was referred to as the "NEO GEO " controller inApplication No. 081942,450 now Patent 6,102,802 , in paper no . 3, a Preliminary Amendment dated July 7,1999 by the PTO and cited by App licant at that time for an example of a two hand held controller with an ana log button inthe right hand area . The Namco controller has POSITIONAL button sensors wh ich were critically differentiated from App licant's PRESSURE button sensors resulting in the now issued US. Patent 6,1 02,802. Ofinterest to the present claims the Namco controller is an image controller utilizing four rotary potentiometers. The printed material associated with the Namco controller has a copyright date of 1994 which Applicant assumes is the first time of sale to the public. Three photographs are included of the Namco controller. Photograph 1 is of the top ofthe controller. Inthe left hand area is positioned a four-way cross key orrocker for operation bythe user's lefthand thumb. The rocker actuates four normally-open momentary-On On/Off only switches . Two shoulder buttons are positioned for operation one each for the

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user's right and left hand index fingers . Four ind ividual buttons are embod ied in the right hand area for operation by the right hand thumb , Two of the four buttons are normally-open momentary-On On/Off on ly switches . The other two ofthe buttons on the right hand area of the Namco controller are buttons structured to drive gears to rotate potentiometers . These gear-drive buttons are depress ible only in a linear fashion , the buttons themselves do not pivot or rotate . Photograph 2 is a picture ofthe Namcocontroller in an upside-down position with a housing bottom panel removed on the right hand side ofthe controller in order to show internal components associated with the two geardrive buttons . The buttons rest on metal coil compression springs and the human user can depress the buttons with his right thumb. The metal coil springs return the buttons to a normally extended or ra ised position . The buttons are connected to rack and pinion gears to trans late the lineartravel of the buttons into rotation of a pin ion gear, and the pin ion gear is connected to the rotary shaft of an electrical rotary potentiometer. Photograph 3 is a picture of the Namco controller in an upside-down posit ion with both housing bottom panels removed to show the internal components of the controller, Four rotary potentiometers are utilized. The first and second rotary potentiometers are as described in Photograph2 above . The third rotary potentiometer is utilized with a sim ilar rack and pin ion type gearing wijh an individual button, this button being the shoulder button depressible bythe user's left hand index finger. The fourth rotary potent iometer has planetary type gearing for sensing the articulation between the right and lefthand areas ofthe Namco case . Of interestthe three rotary potentiometers associated with depressible buttons are not embodied to act as bi-directionalsensors as defined in the current specification. In contrast the fourth rotary potentiometer is embodied inthe Namco controller as a bidirectional sensor, for example, the two case halves of the Namco controller can be rotated intwo separate directions for the norma lly resting position. The Namco controller also has three circuit boards. The Namco controller does not have aflexible membrane connecting to any circuit board . The Namco controller does not have a flexible membrane

Exhibit 5, Page 6 of 10

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bearing circuitry . The Namco controller does not have any structure foractive tactile feedback . The Namco controller does not have a motor and offset weight. The Namco controller does not have any pressure sensors. The Namco controller does not pressure sensors associated with individual buttons. The Namco controller does not have any pivotal or rotary buttons . The Namco controller does not have any single element structured to activate more than one rotary potentiometer. 4. Inventor Poulsom of German Patent DE4013227 published 05/29/1991 is

of particular interest and therefore Applicant is setting Poulsom out here for special consideration bythe Examiner especially in regards to claims 19-24, 2531 and 32-37 ofApplicant 's U.S. Patent Application 091715,532 . Applicant believes Poulsom does not anticipate or make obvious any of these claims for at least the reason that in Poulsom figures 2 and 3joy stick 3 is a vertically structured element, not a "platform" (from applicants claims). InApplicanfs claims a platform is a horizontally structured element with a greater dimension along the two axes of input than along the third axis , for examples of platforms please see US. Patent No. 5,589 ,828 figure 2 platform 232 and U.S. Patent No. 6,222,525 figure 21 platform type element 300, figure 32 platform type element 423 , figure 36 platform type element 500, figure 13platform type element 222 ; and forfurther examples meeting Applicant's definition of a "platform " please see U,S Patent6,428,416 figure 2 platform type element 12, figure 4 platform type element 201, figure 5 platform type element 301 , and US. Patent 6,524,187 figure 16platform type element 211.

5.

Applicant further wishes to inform the Examinerthat during licensing

negotiations ofApplicanfs issued patents a third party corporation has presented toApplicant Japanese Utility Model Publ ication No. 5-87760 and Japanese Unexamined Patent Application Publication No . 7-302159 asserting full anticipation of many ofApplicant's US Patents including Patent 6,102,802,

Exhibit 5, Page 7 of 10

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Paten t6,135,886 , Patent 5,999,084 and Patent 6,208,271. Copies of both of these Japanese references along WITh the English translations were supplied by the third party to Applicant and are included herewith for review by the Exam iner. Applicant believes that all claims ofthe current application are not taught or suggested bythese Japanese documents and requests the Examinerto treat these documents as if they are authent ic. The third party argued that claim 12of Appl icant's U.S. Patent6,222,525was anticipated by US. Patent 4,246,452 to Chandler as Chandler discloses a hand held remote controller with a membrane sheet connecting the sensors of a two-axes input member with independent button sensors . The third party argued that Applicant's U.S. Patent 5,589,828 cla ims 15·18 were fully anticipated by US. Patent 5,207,426 to Inoue et al and U.S.Patent 4,469,330to Asher. The third party also presented to Applicant Japanese Unexam ined Patent Appl icat ion Publication No. 63·29113 for another example of an analog sensor, and U.S. Patent 4,745,301 to Michalch ikfor disclos ing a pressure sens itive materialwh ich is deformable elastomeric material having carbon particles used in a pressure sensitive switch with two electrodes . Applicant does notagree with most of thethird party assertions . Th is third party has recently proposed a lucrative business agreement with Applicant in which it would agree to the valid ityof many of Applicant's above mentioned U.S . Patents . 6. During licensing negotiations with another party , that third party's Patent

Attorney asserted that O'Mara of U.S. Patent 5,51 0,812 has a pressure sensitive 4·way rocker in a game controller not disclosed to be held by two hands of the user, and that aspect ofO'Mara is relevant to Applicant's U.S. Patent 6,343,991. Add itionally , that third party's Patent Attorney determined or agreed that the two hand held video game controller of Japanese disclosure JP 5·87760 (Furukawa discussed above) does not disclose pressure sensitive single depressible independent analog buttons in the right hand area as cla imed in Applicant's ' 991 US Patent.

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suggested by O'Mara or Furukawa . 7.

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The current claims have many elements in comb ination not taught or

bApplicant's currently pending application Applicant has disclosed a

great variety of structures in combination WITh "active tactile feedback " (i.e, motor and offset weight) and "passive tactile feedback" (i.e. threshold tactile feedback dome) structures , yetthe current pending claims do not recite passive tactile feedback structures. Therefore , for the sake of brevity , Applicant is not includ ing detailed discussions of prior art potentially relevant to passive tactile feedback structures . Should Applicant at some future time include passive tactile feedback structures in claims before the current Examinerthen he will address those issues at that time . 8. Please consider the issue ofdouble-patenting regarding this application

and Applicant's other pending US. applications which can be readily located by a search of the PTO records for pending applications under the Inventor name of "Brad A. Armstrong ". Applicant believes that the most important pending claims to review relative to the claims ofthis application are the claims in U.S. Patent Application No. 091893,292 being examined in artunit 2673 by Examiner D. Chow. Other pending claims which could be reviewed are in U.S. Pending application No . 101028,071 in art unit 3713 and US. pending application No. 101042,027 in art unit 3714, although all ofApplicant's claims should be reviewed . Ifthe Examinerwishes and requests such, Applicant would be more than willing to submit copies of all of his currently pending claims . Applicant would be happy to discuss each claim with the Examiner. Ifthe Examiner believes that would be helpful, please do not hesitate in requesting such from Applicant. Thank you . 9. Also, please consider the issue of double-patenting regarding this

application and Applicant's Issued U.S. Patents which can be readily located by a

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search ofthe PTO records for issued patent under the Inventor name of "BradA. Armstrong ". Applicant believes that the following US. Patents ofApplicant's have at least some similarity and priority claims to US. Patent 5,589,828 as does the instant application and thus should be reviewed for double-patenting: U.S . Patent5,565,891; U.S . Patent 5,589 ,828; U.S. Patent6 ,222,525; U,S. Patent 6,310,606; U.S. Patent 6,344,791 and U.S. Patent 6,347,997. If the Examiner wishes additional information ,please do not hesitate in requesting such from Applicant. Thank you . Applicant realizes the instant application and this l I 1 ) are extens ive and sincerely apologizes to the Exam iner. The legal system regard ing priorartdisclosure, as presently determined bythe courts , is a harsh master- expensive, time consuming and difficult - f o r an inventor who only wants to enjoy the fruit of his invention. Please examine the previously allowed daims thoroughly so that Applicant may receive a valid and worthy Patent. Thank you for your time . Please do not hesitate in requesting anyth ing from Applicant that might assist the Examiner. Respectfully,

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Brad A. Armstrong

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