Anascape, Ltd v. Microsoft Corp. et al

Filing 94

MICROSOFT'S CLAIM CONSTRUCTION BRIEF IN SUPPORT OF ITS PROPOSED CLAIM CONSTRUCTION FOR THE PATENTS ASSERTED AGAINST BOTH MICROSOFT AND NINTENDO filed by Microsoft Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14)(Jakubek, Joseph)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 94 Att. 4

Case 9:06-cv-00158-RHC

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EXHIBIT 4

Dockets.Justia.com

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pages in total transmitted.

Assistant commissioner Washington, D. 20231
I
transmitted

CERTIFICATE OF

Patents correspondence is being
commissioner

that

number 7 0 3 7 4 6 7 4 6 0 t o for Patents, Washington, D.C. 20231, on this

PRELIMINARY

Patent Application of Brad A . Armstrong
No. 3 0
S e r i a l No.: Title:

Filed:

11/16/2000 ,

3D CONTROLLER WITH VIBRATION

mailing address:

Brad A. Armstrong
1419
95967

Group Art Unit:

2675

Dear S i r :

REMARKS This Preliminary to pending P a t e n t application being f i l e d prior to the m a i l i n g of the first a c t i o n on the merits.

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A Disclaimer was sent to the PTO on 8/8/01 Preliminary to this application. Applicant now' understands t h a t the terminal disclaimer ha8 been The terminal disclaimer noted tho instant application and terminal m y earlier U . S . patent 6,222,525. ., was submitted in regard t o c l a i m s 1-38 o f application which have been canceled and no terminal disclaimer should be required for the currently pending c l a i m s , The is respectfully requested to examine: currently pending claims and if the Examiner informs Applicant that the Examiner agrees the terminal disclaimer not required,. then will promptly submit a Petition to have the disclaimer withdrawn.

Below are:
A.

Amendments t o t h e Specification.
Amendments t o t h e C l a i m s . Further

B,
C.

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AMENDMENTS TO THE SPECIFICATION I N MARKED UP

Amendments to the Specification marked version are shown w i t h brackets showing deletion and underlining ehowing insertion. On 07/15/02 the "CROSS REFERENCE TO RELATED APPLICATIONS section on page and 2 of the specification was

.

To that section amended 07/15/02, please make the following
changes:
CROSS

TO RELATED APPLICATIONS AND

This application is a continuation-in-part of pending Non-provisional patent application Serial Number filed . July 5, 1996 of which the positive teachings and arb herein incorporated by reference and the of date claimed. The pending Application was filed the U . S . application filed'karch 1992 and also makes claim to t h e benefit of the filing date of t h e application now U . S . Patent 5,589,828.. A l s o herein incorporated by reference f o r the and therein U . S . Disclosure Document Number 381081 filed Nov. 22, 1995 which h a s been placed the f i l e This application also a Application Continuation-in-part patent application serial number filed March 5 , 1992, now Patent 5,589,828, of , which the positive teachings disclosures are herein incorporated by referenue. This application a continuationin-part o f pending U. s. application f i l e d 02/22/00 as a continuation of patent application number filed 1, 1997, now Patent No. 6,102,802 of the positive and disclosures are incorporated by and t h e benefit o f the filing date a continuation-in-part of claimed. This application a l s o . patent application serial number ,4 5 9 , f i l e d 23 , now U . S . which a continuation-in-part of U.S. patent application number now

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P a t e n t 5 , 5 8 9 , 8 2 8 . The i n s t a n t the b e n e f i t s . under 3 5 1 2 0 , where p e r m i t t e d , of t h e d a t e s of t h e ' . above patents and or a p p l i c a t i o n s i n c l u d i n g t h a t U.S. Patent 5 , 5 8 9 , 8 2 8 f i l e d an a p p l i c a t i o n on March 5 ,
CROSS REFERENCE TO

PLICATIONS AND

This

NO.

a c o n t i n u a t i o n of on

Patent
5 , 1996.

Patent N o ,
U.S. Patent

6,222,525

No.

f i l e d on

23,

now U . S . P a t e n t No. U.S. P a t e n t 1992. now Patent The instant of t h e
The

S e r i a l No

.

a l s o a cont

ion-in-Dart

filed on' Mar

the
of

under

35

Patents and or

.

I.

teachinas and disclosures of U.S. P a t e n t s and are here i n incorpora t e d b v reference. A l s o h e r e i n reference for and. .disclosures therein is U. Disclosure Number 381 filed Nov. 2 2 , 1995 which is the U.S. Patent
565,891

.

In the last sentence on page 4 0 carrying over o n t o page 4 1 bf specification, the first line thereof on page 41, changed t o Marked up version of t h e change: . 338 is the d i s t i n c t i v e part of the
20- 22,

.. be

V-slot t y p e 3 4 0 , a n H-slot type 3 4 2 , and a T-bone t y p e of ' which there a r e rocker-arms being approximately identical b u t o r i e n t e d p e r p e n d i o u l a r t o one a n o t h e r and b e i n g c a l l e d ' a ' f i r s t t-bone 3 4 4 and a second t - b o n e rocker-arm actuators.

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on page

4 2 of the specification, t h e paragraph s t a r t i n g on . l i n e 3 3 and extending through line 33, in line 30 be' changed to up v e r s i o n of t h e change: . . , Figure 2 6 and 2 7 show space s a v i n g s for area . o f s e c o n d platform 3 2 2 , T h i s space s a v i n g s may be in tightly such as integration of t h e .. , i n t o computer keyboards and hand h e l d remote control l a y o u t of second platform 322 as illustrated in shown by a dashed line i n d i c a t i n g t h e original l a r g e r p e r i m e t e r 3 7 0 t h e area of t h e newer platform 3 2 2 shown solid 3 7 2 and first rocker-arm , divided two s e p a r a t e one-armed type 3 4 8 actuators' i t 6 own mount 3 3 2 , fulcrum 3 3 4 , s e n s o r actuating arm 3 3 6 , and super s t r u c t u r e 338.

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below f o r

TO THB SPECIFICATION in c l e a n version are in the application and patent to therefrom: page 2 of the specification marked up amendment of above is b e l o w in c l e a n version)

,

CROSS REFERENCE TO RELATED APPLICATIONS AND Patent T h i s application i s a continuation o f Application Serial No. f i l e d o n J u l y 5 , 199.6, Patent 6,222,525.
U.S.

Patent NO.

is a c o n t i n u a t i o n - i n - p a t .

U.S. Patent Application S e r i a l No. f i l e d on Feb. 23, 1995, now U.S. Patent 5,565,891. Patent NO. 6,222,525 is a continuation-in-@art . U.S. Patent Application S e r i a l No. filed on March 5, 1 9 9 2 , now U.S. P a t e n t 5,589,828, The i n s t a n t application claims t h e benefits under 35 120 of t h e f i l i n g dates of the above listed P a t e n t s

Applications. The positive teachings and of U . S . Patents 6 , 2 2 2 , 5 2 5 , 5 , 5 6 5 , 8 9 1 and 5 , 5 8 9 , 8 2 8 are herein incorporated by reference for reference. A l s o positive teachings and disclosures t h e r e i n is U . S . Number 3 8 1 0 8 1 Nov. 2 2 , 1 9 9 5 which i s l o c a t e d the of U.S. P a t e n t 6 , 2 2 2 , 5 2 5 ,
i

t h e last sentence on page 40 carrying over onto page 41 of s p e c i f i c a t i o n , t h e first l i n e thereof o n page 41, be to CLEAN version of change: Super- structure 3 3 8 t h e distinctive part of t w o armed rocker-arn types shown in Figures 20-22, of . type an H-slot type 3 4 2 , and T-bone t y p e 345 of . there are two rocker-arms being approximately oriented perpendicular to one another and being c a l l e d a first t-bone 344 and a second t-bone 3 6 4 rocker-arm actuators.

,

,

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.,

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On page 4 2 of the s p e c i f i c a t i o n , in t h e paragraph on line 3 3 and extending t h r o u g h l i n e 3 3 , line 3 0 should be CLEAN v e r s i o n of t h e change: changed t o

.

Figure 2 6 and 2 7 show s p a c e savings s t r u c t u r i n g This saving6 may be . of second platform t i g h t l y constricted a r e a s s u c h a s integration of t h e i n t o computer keyboards and hand h e l d remote control The layout of second platform 322 as illustrated in f i g u r e 8 2 0 - 2 2 shown by a dashed l i n e i n d i c a t i n g the original larger perimeter 370 the area of the newer smaller platform 3 2 2 shown by solid line 3 7 2 and f i r s t rocker-arm 3 6 4 has been d i v i d e d . : i n t o two s e p a r a t e one-armed type 348 actuators eaoh with own mount 3 3 2 , f u l c r u m 3 3 4 , sensor actuating 336, and super
structure 338.
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AMENDMENTS TO MARKED UP VERSION To claim 4 9 , follow (once amended) A 3-D g r a p h i c s according to claim 47 wherein said tactile feedback [means comprises] vibration a motor and weight.

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AMENDMENTS TO THE CLAIMS
To
49:

CLEAN
,

(once amended) A 3-D graphics controller according t o s a i d tactile f e e d b a c k v i b r a t i o n is motor and o f f s e t weight.

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changes t o the priority claim in

TO APPLICATIONS A N D PATENTS" have been order to describe the priority chain instant application. In the current specification at numerous locations the language and have been substitution f o r and degrees of as originally used the application iesued a6 patent 6,222 from which the current specification continued. This matter, but substitution o f langauge does not; constitute been made to allow the reader easier understanding of matter. Any three-dimensional software moving, for example in an electronic game, is moving in s i x degrees freedom. This and degrees of freedomBB not as used now as when the patent was and the same equivalent product or device which was . . now called a 3 D or three-dimensional The structures, sub-structures and taught in the application o f f e r great advantage in controlling threedimensional graphics such as t h e graphics in, for television based electronic games , their controllers, consoles , software, associated graphics and th.e definitions in the patent set forth the like. words as a root and "convert" have not been found to be useful the current a p p l i c a t i o n and , t h e s e specific definitions have not been carried forward in the' . current application. Not carrying forward these specific definitions results in no material change scope of current application and no new matter has been added.
I .

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The use of the teachings and reference to incorporation by reference into the intended t o mean t h a t the useful teachings are brought t h e current application, but not the negative limitations,

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a s limitations on terms commonly created in the prosecution history of t h e incorporated by reference disclosures, t o the detriment of the current specification and claimed Invention.

Please examine my application as amended and find t h a t a l l claims are allowable. Thank you.

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p l e a s e do not to telephone m e a t 5 3 0 8 7 2 I may be of any assistance in advancing this application toward issuance.

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Date:

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