Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`META PLATFORMS, INC.,
`Petitioner
`
`v.
`
`MULLEN INDUSTRIES LLC,
`Patent Owner.
`
`
`Case IPR2025-00738
`U.S. Patent No. 9,744,448 B2
`Issue Date: August 29, 2017
`
`Title: LOCATION-BASED GAMES AND
`AUGMENTED REALITY SYSTEMS
`
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 9,744,448 B2
`
`
`
`
`

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`Table of Contents
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`Page
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`
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`I.
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`MANDATORY NOTICES UNDER §42.8(A)(1) ........................................ 1
`A.
`Real Party-In-Interest under §42.8.(b)(1) ........................................... 1
`B.
`Related Matters under §42.8(b)(2) ..................................................... 1
`C.
`Lead and Back-Up Counsel under §42.8(b)(3) ................................... 1
`D.
`Service Information ........................................................................... 2
`FEE PAYMENT .......................................................................................... 2
`II.
`III. REQUIREMENTS UNDER §§ 42.104 AND 42.108 AND
`CONSIDERATIONS UNDER §§ 314(A) AND 325(D) .............................. 3
`A. Grounds for Standing ......................................................................... 3
`B.
`Identification of Challenge and Statement of Precise Relief
`Requested .......................................................................................... 3
`Considerations Under §§ 314(a) and 325(d) ....................................... 3
`C.
`IV. OVERVIEW OF THE PATENT ................................................................. 5
`A.
`Level of Ordinary Skill ...................................................................... 5
`B.
`Specification Overview ...................................................................... 5
`CLAIM CONSTRUCTION ......................................................................... 8
`V.
`VI. THE CHALLENGED CLAIMS ARE UNPATENTABLE .......................... 9
`A. Overview of Grounds ......................................................................... 9
`B.
`Prior Art Status of Relied-Upon References ..................................... 11
`C.
`Ground 1: Claims 1, 3, and 7 Are Obvious Over Jaszlics in
`View of Sofer and Ronzani .............................................................. 12
`Independent Claim 1: “A system comprising:” (1[pre]) ....... 12
`
`(a)
`“a display of a head-mounted device, wherein 3-D
`video game indicia is operable to be provided to
`said display with respect to a physical playfield
`based on video game logic associated with a video
`game;” (1[a])............................................................... 12
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`Table of Contents
`(continued)
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`Page
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`(b)
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`(c)
`
`(d)
`
`“a detector of said head-mounted device operable
`to determine landscape characteristics of said
`physical playfield, wherein said video game logic
`utilizes said landscape characteristics in providing
`said video game;” (1[b]) ............................................. 22
`“a locating device of said head-mounted device
`operable to determine the physical location of said
`locating device on said physical playfield, wherein
`said video game logic utilizes the physical location
`of said locating device in providing said video
`game; and” (1[c]) ........................................................ 33
`“a processor, wherein a first virtual object is
`operable to be provided to said display and a first
`virtual character is operable to be provided to said
`display.” (1[d]) ............................................................ 40
`Claim 3: “The system of claim 1, wherein said first
`virtual object is a pre-defined virtual barrier.” ........................ 43
`Claim 7: “The system of claim 1, wherein said first
`virtual character has a weapon for providing an
`interactive object.” ................................................................. 48
`D. Ground 2: Claim 6 Is Obvious Over Ground 1 Prior Art in
`Further View of Morihira ................................................................. 49
`Claim 6: “The system of claim 1, wherein the
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`transparency of said first virtual character is based on a
`distance.” ............................................................................... 49
`Ground 3: Claim 8 Is Obvious Over Ground 1 Prior Art in
`Further View of Robarts .................................................................. 53
`Claim 8: “The system of claim 1, wherein an event
`
`envelope is provided and an event is operable to occur
`upon entry of said first virtual character into said event
`envelop [sic].” ........................................................................ 53
`VII. CONCLUSION ......................................................................................... 59
`CERTIFICATE OF SERVICE ............................................................................. 61
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`-ii-
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`E.
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`Table of Contents
`(continued)
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`Page
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`-iii-
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
`
`List of Exhibits
`
`
`
`
`
`
`
`
`
`Exhibit
`Description of Document
`No.
`1001 U.S. Patent No. 9,744,448 B2 to Jeffrey David Mullen (filed May 30,
`2016, issued August 29, 2017) (“’448” or “’448 patent”)
`1002 Declaration of Jeremy Cooperstock, Ph.D. (“Cooperstock”)
`1003 U.S. Patent No. 6,166,744 to Ivan J. Jaszlics and Sheila L. Jaszlics
`(filed Sep. 15, 1998; issued Dec. 26, 2000) (“Jaszlics”)
`(Reserved)
`
`1008
`
`1004-
`1005
`1006 U.S. Patent No. 6,361,438 B1 to Shigeki Morihira (filed Jul. 24, 1998;
`issued Mar. 26, 2002) (“Morihira”)
`1007 U.S. Patent App. Pub. No. 2004/0002843 A1 to James O. Robarts et al.
`(filed May 13, 2003; published Jan. 1, 2004) (“Robarts”)
`Int’l Patent App. Pub. No. WO 2003/107039 A2 to Eli Sofer et al.
`(filed Jun. 12, 2003; published Dec. 24, 2003) (“Sofer”)
`1009 U.S. Patent App. Pub. No. 2002/0163486 A1 to Peter A. Ronzani et al.
`(filed May 16, 1997; published Nov. 7, 2002) (“Ronzani”)
`1010 U.S. Patent App. Pub. No. 2004/0110565 A1 to Louis Levesque (filed
`Dec. 4, 2003; published Jun. 10, 2004) (“Levesque”)
`1011 U.S. Provisional Patent App. No. 60/066,904 (“Jaszlics Provisional”)
`1012 Excerpts from Microsoft Computer Dictionary (5th ed. 2002)
`1013
`(Reserved)
`1014 Excerpts from Merriam Websters Collegiate Dictionary (10th ed. 2000)
`1015 Excerpts from Benefits.com Glossary
`[available at https://benefits.com/glossary/boundary/]
`’448 Patent File History
`
`1016
`1017
`(Reserved)
`1018 Proof of Service of Complaint
`
`-i-
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
`
`I. MANDATORY NOTICES UNDER §42.8(A)(1)
`A. Real Party-In-Interest under §42.8.(b)(1)
`Meta Platforms, Inc. is the real party-in-interest to this IPR petition.
`
`B. Related Matters under §42.8(b)(2)
`The ’448 patent is the subject of pending litigation involving Petitioner:
`
`Mullen Industries LLC v. Meta Platforms, Inc., Case No. 1:24-cv-00354-DAE (W.D.
`
`Tex.). Petitioner was served on April 5, 2024. (EX1018, p.003.)
`
`Petitioner is filing IPR petitions against twelve related patents asserted by
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`Patent Owner in the pending litigation involving Petitioner:
`
`U.S. Patent No.
`8,585,476 B2
`9,744,448 B2
`10,179,277 B2
`10,828,559 B2
`10,967,270 B2
`11,033,821 B2
`11,376,493 B2
`11,904,243 B2
`11,947,716 B2
`12,019,791 B2
`9,662,582 B2
`10,974,151 B2
`
`IPR Case
`IPR2025-00737
`IPR2025-00738
`IPR2025-00739
`IPR2025-00740
`IPR2025-00702
`IPR2025-00703
`IPR2025-00741
`IPR2025-00742
`IPR2025-00743
`IPR2025-00744
`IPR2025-00745
`IPR2025-00746
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`
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`
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`C. Lead and Back-Up Counsel under §42.8(b)(3)
`Petitioner provides the following designation of counsel.
`-1-
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
`
`
`LEAD COUNSEL
`
`BACK-UP COUNSEL
`
`Heidi L. Keefe (Reg. No. 40,673)
`hkeefe@cooley.com
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave. NW, Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`Phillip E. Morton (Reg. No. 57,835)
`pmorton@cooley.com
`
`Andrew C. Mace (Reg. No. 63,342)
`amace@cooley.com
`
`Mark R. Weinstein (Admission pro hac
`vice to be requested)
`mweinstein@cooley.com
`
`Lowell D. Mead (Admission pro hac vice
`to be requested)
`lmead@cooley.com
`
`Patrick Lauppe (Admission pro hac vice to
`be requested)
`plauppe@cooley.com
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Ave. NW, Suite 700
`Washington D.C. 20004
`
`
`
`Service Information
`D.
`This Petition is being served by Federal Express to the attorney of record for
`
`the ’448 patent, 32733 - JEFFREY D. MULLEN, 2212 Hassinger Lane, Glenshaw,
`
`PA 15116. Petitioner consents to electronic service at the addresses provided above
`
`for lead and back-up counsel.
`
`FEE PAYMENT
`Petitioner requests review of 5 claims, with a $51,875 payment.
`
`-2-
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`II.
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`42.104 AND
`§§
`III. REQUIREMENTS UNDER
`CONSIDERATIONS UNDER §§ 314(A) AND 325(D)
`A. Grounds for Standing
`Petitioner certifies that the ’448 patent is available for IPR and that Petitioner
`
`42.108 AND
`
`is not barred or otherwise estopped.
`
`B.
`
`Identification of Challenge and Statement of Precise Relief
`Requested
`Petitioner requests IPR institution based on:
`
`Ground
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`1
`
`2
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`3
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`Claims
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`1, 3, 7
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`6
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`8
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`Basis for Challenge under §103
`
`Jaszlics (EX1003) in view of Sofer (EX1008) and
`Ronzani (EX1009)
`Ground 1 Prior Art + Morihira (EX1006)
`Ground 1 Prior Art + Robarts (EX1007)
`
`Submitted with this Petition is the Declaration of Jeremy Cooperstock, Ph.D.
`
`(EX1002) (“Cooperstock”), a qualified technical expert. (EX1002, ¶¶1-18,
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`Appendix A.)
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`C. Considerations Under §§ 314(a) and 325(d)
`§314(a): The General Plastic factors are not relevant as this is the first and
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`only IPR petition filed by Petitioner with respect to the ’448 patent.
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`Nor do the Fintiv factors support discretionary denial under §314(a). The
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`pending litigation against Petitioner is in relatively early stage, with little substantive
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`discovery having taken place to date and claim construction proceedings ongoing.
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
`
`Trial is scheduled to start October 5, 2026—over eighteen months from now—and
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`a motion to transfer the case by Petitioner to the Northern District of California is
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`currently pending, which if granted would likely result in an even later trial date.
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`Petitioner also intends to move to stay the litigation pending resolution of the IPRs.
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`Additionally, to allay concerns over duplication of efforts, Petitioner represents that,
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`in the event of institution, it will not pursue in litigation any invalidity defense that
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`was or could have been raised in IPR.
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`§325(d): Advanced Bionics does not apply to any reference relied upon in
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`Ground 1—Jaszlics (EX1003), Sofer (EX1008), and Ronzani (EX1009)—because
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`none of these references were presented during prosecution.
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`With respect to Morihira (EX1006), it was listed among approximately one
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`hundred references on an applicant-submitted information disclosure statement
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`(EX1016, pp.00120-00124), but was not otherwise cited or discussed. Similarly,
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`with respect to Robarts (EX1007), it appears that a similar published application to
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`Robarts (US 2005/0009608 A1) was listed on that same IDS, but was likewise not
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`otherwise cited or discussed.
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`For these reasons, Petitioner respectfully submits that the cited prior art does
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`not raise § 325(d) issues that would warrant discretionary denial of the Petition.
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`IV. OVERVIEW OF THE PATENT
`A. Level of Ordinary Skill
`A person of ordinary skill would have possessed a bachelor’s degree in
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`electrical engineering, computer science, or similar field, with two years combined
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`experience in designing and/or developing interactive location-based computer
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`systems/software, such as video games or other simulations incorporating location
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`information (such as GPS information associated with a user’s physical location),
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`and in designing and/or developing computer systems/software involving graphical
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`virtual and/or augmented reality. A person could also have qualified as a person of
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`ordinary skill in the art with some combination of (1) more formal education (such
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`as a master’s of science degree) and less technical experience, or (2) less formal
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`education and more technical or professional experience. (EX1002, ¶¶21-25.)
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`Specification Overview
`B.
`The ’448 patent states that it provides “a location-based game system in which
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`the physical location (or physical movement) of a user on a physical playfield”
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`obtained by, for example, a GPS device, “determines the virtual location (or virtual
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`movement) of a virtual character on a virtual playfield.” (’448, 7:22-28.) The
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`system may include a head-mounted display so that “video game indicia may be
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`overlaid onto the user’s physical playfield,” such as the user’s “physical
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`environment.” (’448, 3:50-52; see also id., 1:55-59 (listing “the physical world, a
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`physical environment, or a defined physical playfield” as examples of a “physical
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`playfield”).) “The physical environment can then be manipulated by a processor
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`such that, for example, virtual indicia (e.g., a video game character or component is
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`added [sic]) is added to the physical environment.” (’448, 3:60-63.)
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`The ’448 patent further states that “[a] landscape detector may be provided
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`with a location-based game system such that information on the physical terrain of
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`the user’s physical environment may be utilized by the gaming system.” (’448, 4:18-
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`21.) Figure 4, reproduced below, “is an illustration of landscape detection
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`constructed in accordance with the principles of the present invention”:
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`(’448, Fig. 4, 6:13-14.) Referring to Figure 4, the ’448 patent states that “[l]andscape
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`detector 451 may take multiple forms”:
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`For example, landscape detector 451 may measure the distance to
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`objects and the shape of the object. This may be done for example by
`sound/light sensing (e.g., reflective sensing such as sound/light echoing
`or color sensing with respect to light source) or any type of
`object/distance sensing (e.g., infrared). A camera may be utilized to
`take a picture/video of the environment. Video processing features may
`be utilized to determine landscape as, for example, a user moves around
`the landscape.
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`(’448, 15:18-27.) “The information provided by the landscape detector may be
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`utilized, for example, to position where portions of a video game playfield, objects,
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`and characters may be positioned on a display (e.g., on a head-mounted display).”
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`(’448, 4:24-27.) “Such information may also be used, for example, to control the
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`movement characteristics of computer-controlled video game characters and
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`indicia.” (’448, 4:27-30.) For example, Figure 6, reproduced below, “is an
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`illustration of computer-controlled character positioning and movement based on
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`detected landscape objects constructed in accordance with the principles of the
`
`present invention”:
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`
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`(’448, Fig. 6, 6:20-23.) Referring to Figure 6, the ’448 patent states that “[i]n
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`environment 650, actual environmental object may be present and stored in memory
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`as virtual objects 651 and 652.” (’448, 18:14-16.) “If the stored location of virtual
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`objects 651 impedes on the planned movement of virtual characters, then program
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`logic (e.g., game code) may manipulate the movement path of virtual characters
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`around these virtual objects.” (’448, 18:21-25.)
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`V. CLAIM CONSTRUCTION
`Petitioner does not believe express claim construction is necessary at this
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`time. The prior art cited herein, as demonstrated below, renders the challenged
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`claims obvious under any reasonable construction. Petitioner therefore respectfully
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`submits that, for purposes of this IPR, express constructions are not required.
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`VI. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A. Overview of Grounds
`The challenged claims attempt to lay claim to techniques for location-based
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`video games in which a user sees their real-world surroundings combined with
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`virtual objects. But these techniques were well-known before the ’448 patent.
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`All grounds rely on Jaszlics (EX1003), which as its title demonstrates,
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`describes a “system for combining virtual images with real-world scenes.” The
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`augmented reality gaming and simulation system it describes is remarkably similar
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`to the ’448 patent. (Cooperstock, ¶52.) Jaszlics is a strong reference that discloses
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`the majority of the claim limitations. Focusing on war gaming applications, but also
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`making clear that the system is broadly applicable to outdoor location-based
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`augmented reality gaming, Jaszlics provides a “combined reality” experience for a
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`user by combining real-time, real-world imagery of a user’s physical surroundings
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`with images of virtual entities, such as tanks. (Id. (citing Jaszlics, 1:64-67, 2:60-
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`63).) For example, Jaszlics describes how, using data collected with a range
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`scanning device (such as a modified infrared surveyor’s ranging laser), the distance
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`and shape of real-world physical features around the user are detected and used to
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`more realistically overlay virtual entities in the real-world scene. (Id. (citing
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`Jaszlics, Fig. 1, 4:12-23).) The combined imagery—for example, as shown by
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`Figure 1d below—can then be presented via head-mounted display to the user.
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`(Id. (citing Jaszlics, 9:36, 9:48-57, 2:10-13).)
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`All grounds also cite Sofer (EX1008) and Ronzani (EX1009) in connection
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`with minor points that are arguably disclosed by or at least obvious over Jaszlics
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`alone. Sofer is cited to address a possible interpretation that the claim language
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`“detector of said head-mounted device” is claim 1 means that the “detector” must
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`itself be mounted on the user’s head. (Cooperstock, ¶¶56-57.) Similarly, Ronzani
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`is cited to address a possible interpretation that the claim language “locating device
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`of said head-mounted device” means that the “locating device” must itself be
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`mounted on the user’s head. (Cooperstock, ¶¶60-61.)
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`The additional references are cited for ancillary features cited in dependent
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`claims. Morihira (EX1006) is cited in Ground 2 for dependent claim 6, and Robarts
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`(EX1007) in Ground 3 for dependent claim 8.
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`Prior Art Status of Relied-Upon References
`B.
`Pre-AIA law applies to the challenged claims, and each reference cited in the
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`grounds listed in Part III.B qualifies as prior art to the ’448 patent. Jaszlics,
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`Ronzani, and Morihira qualify as prior art under § 102(b) because they issued more
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`than one year before the priority date.1 Sofer qualifies as prior art under § 102(e)
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`(and § 102(a)) because it is a PCT application that designated the United States and
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`published in English before the priority date. Robarts qualifies as prior art under
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`§ 102(e) because was published from an application filed before the priority date.
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`1 The ’448 patent claims priority to a provisional application (no. 60/628,475) filed
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`November 16, 2004. For purposes of this Petition, Petitioner has assumed a priority
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`date of November 16, 2004. Petitioner at this time expresses no opinion on whether
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`the ’448 patent is actually entitled to the benefit of the provisional application filing
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`date. This issue is not relevant here because all of the prior art references relied upon
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`predate November 16, 2004. In the event entitlement to the provisional filing date
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`or another earlier priority date may later become relevant, Petitioner reserves the
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`right to respond at that time.
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`C. Ground 1: Claims 1, 3, and 7 Are Obvious Over Jaszlics in View of
`Sofer and Ronzani
`Independent Claim 1: “A system comprising:” (1[pre])
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`As shown below, the combination of Jaszlics, Sofer, and Ronzani renders the
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`claimed “system” obvious.
`
`(a)
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`“a display of a head-mounted device, wherein 3-D video
`game indicia is operable to be provided to said display
`with respect to a physical playfield based on video game
`logic associated with a video game;” (1[a])
`Claim 1[a] is disclosed by and obvious over Jaszlics.
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`Jaszlics discloses a “combined reality” computer system in which virtual
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`images, such as images of a virtual tank or other animated virtual entities, are
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`combined with real-world scenes and displayed together to a user. (Jaszlics, 2:40-
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`56 (“This invention provides a system for combining virtual images with images of
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`the real world…. The resulting combined image is presented in an electronic or
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`optical display.”), 1:13-15 (“…systems for combining virtual images with real-
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`world scenes.”), 3:13-16 (“FIGS. 1a through 1d are examples of the real-world
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`scene, a virtual image, the resulting masked virtual image, and combined images,
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`respectively.”) (emphasis in original), Table 7 (col. 21) (defining “combined reality”
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`as “Apparent reality, with virtual elements projected into the image of the real world.
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`Virtual and live elements may interact through simulation.”); Cooperstock, ¶75.)
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`Jaszlics discloses using “a display of a head-mounted device” to display the
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`combined virtual images and real-world scenes to a user, such as “electronic display
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`goggles,” “virtual reality goggles or visors worn by the observer [i.e., the user of the
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`system2].” (Jaszlics, 9:48-57; see also id., 2:10-13 (“The present invention can be
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`used with electronic display goggles to greatly extend this entertainment medium by
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`injecting, in real time, three-dimensional virtual elements into the view of the real
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`world.”), 9:34-39 (“The display 111 may be any display system capable of
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`displaying the combined image, such as…an electronic goggle or visor….”), 10:52-
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`57 (“The position and orientation of the observer (including the movement and
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`attitude of the vehicle, if any, housing the observer) is sensed by observer sensors
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`and controls 115 such as a magnetic or infrared head tracker system used in
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`conjunction with virtual reality goggles.”).)3 Jaszlics therefore discloses “a display
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`of a head-mounted device,” as claimed, such as the display included as part of a
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`head-worn visor/goggle device. (Jaszlics, ¶76.)
`
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`2 Jaszlics describes a player/user of its system as an “observer.” (See Jaszlics, 10:11-
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`17 (“The observer 113 of the display is assumed to be the user of the invention for
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`various purposes, such as military training, or entertainment....”).)
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`3 All underlining added to quoted material unless noted.
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`Jaszlics also teaches that “3-D video game indicia is operable to be provided
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`to said display with respect to a physical playfield.” (Cooperstock, ¶¶77-84.)
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`Petitioner notes that the ’448 patent describes “physical playfield” as broadly
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`including “the physical world, a physical environment, or a defined physical
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`playfield[.]” (’448, 1:55-59.)
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`Jaszlics teaches that the “electronic display goggles” or “visors” (“a display
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`of a head-mounted device”) are used to display, for example, virtual tanks and other
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`virtual objects (“3-D video game indicia”) overlaid within a physical landscape
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`surrounding the user (“physical playfield”). (Cooperstock, ¶78.) Figure 1 of
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`Jaszlics illustrates, with Fig. 1d in particular showing how a virtual tank (exemplary
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`“3-D video game indicia”) is displayed within a real world scene (“display[ed] with
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`respect to a physical playfield”):
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`(Jaszlics, Fig. 1; see also id., 4:19-23 (“The masked virtual image and the image of
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`the real world are then combined in such a manner that in the resulting combined
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`image (FIG. 1d) the virtual object will appear to exist and move in the real world at
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`its virtual position.”), 8:53-56 (“In this step 110 of FIG. 2, the virtual images
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`constructed in the virtual image generation step 109 are combined with the real-
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`world image 114 originating from the video camera 100.”), 23:56-59 (claim 4,
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`reciting “wherein said display means comprises an electronically-controlled visor
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`and wherein the field of view comprises the field of view visible through said visor”),
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`25:3-6 (claim 15).)
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`As another example, Figure 14 of Jaszlics (below) illustrates virtual tanks 162
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`(“3-D video game indicia”) overlaid on hills 160 of the user’s physical environment
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`(“physical playfield”):
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`(Jaszlics, Fig. 14; see also id., 3:49-51, 9:60-62 (describing Fig.14); EX1011
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`(Jaszlics Provisional), 00152, Fig. 14 (identifying 160 as “Hills” and 162 as “Virtual
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`Entities”); Cooperstock, ¶79.)
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`As a third illustration, referring to Figure 15 (below), Jaszlics explains how
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`the overlaid “3-D video game indicia” can be a variety of virtual elements, such as
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`a path marker 172, a unit boundary 173, a navigational marker 174, and a phase line
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`175, which are overlaid on terrain 170:
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`(Jaszlics, Fig. 15; see also id., 9:64-10:9 (“The virtual entities generated by a virtual
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`entity simulation do not necessarily represent a real-world object. For example, they
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`may represent fictional characters or entities, or views of conceptual objects. An
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`example of conceptual virtual entities is shown in FIG. 15. In FIG. 15, the real-
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`world objects 170 include the terrain, a tree, and a battle tank, in which the observer
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`or observers 171 of a combined reality view presented to them are located. The
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`conceptual virtual entities in the figure are conceptual objects: a path marker 172, a
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`unit boundary 173, a navigational marker 174, and a phase line 175. The present
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`system positions the conceptual virtual entities in the display in such a manner that
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`they appear to be present in the landscape visible to the observer(s).”); Cooperstock,
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`¶80.)
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`Turning more specifically to the phrase “3-D video game indicia,” Jaszlics
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`teaches that the virtual entities, such as virtual tanks and other characters, entities or
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`conceptual objects, are both “3-D” and “video game” indicia. With respect to “3-
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`D,” the figures from Jaszlics shown above include 3-D virtual elements, most clearly
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`shown by unit boundary 173 and navigational marker 174 in Figure 15. More
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`generally, Jaszlics explains that the virtual entities can be generated and rendered
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`using the “Virtual Reality Modeling Language” (“VRML”) or “any rendering
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`system capable of rendering three-dimensional objects, or two-dimensional
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`projections of three-dimensional objects.” (Jaszlics, e.g., 8:7-16, 6:34-41.) VRML
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`was a standard language for modeling three-dimensional interactive objects.
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`(Cooperstock, ¶81 (citing EX1012, p.009 (entry for “VRML”)).) Jaszlics therefore
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`discloses and renders obvious “3-D” indicia. (Cooperstock, ¶81.)
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`With respect to “3-D video game indicia,” Jaszlics makes clear that its
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`combined reality system is for “video games.” (Cooperstock, ¶82.) For starters,
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`Jaszlics specifically describes using its system for virtual war games, and related
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`game play, such as engaging in a virtual tank battle. (Jaszlics, e.g., 10:15-25, 11:4-
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`6, 15:15-30.) This is just like the ’448 patent, which similarly states that “an AR
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`game system may be utilized in the military training of soldiers” and specifically
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`recognizes this sort of military simulation as “game play.” (’448, 5:23-24; see also
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`id., 5:24-27 (“To accommodate such an application the landscape of a pre-
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`determined area (e.g., a particular square area of a military based [sic]) may be
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`scanned at a point before a game is played.”), 15:40-42 (“For example, if the military
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`desires an AR system for special operations warfare then a particular field may be
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`utilized for game play.”).)
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`More specifically, Jaszlics explains that “[t]he present invention can be used
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`in these war games to generate virtual tanks that appear to move about the terrain.
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`This can completely eliminate the need, for example, for live tanks representing the
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`enemy force in a war gaming exercise. Virtual vehicles and real vehicles can appear
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`in the same scene.” (Jaszlics, 1:53-58.) Jaszlics describes military simulation game
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`play that includes a player/user (which Jaszlics refers to as an “observer”) engaging
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`a virtual combat vehicle and taking damage or getting “killed.” (Jaszlics, 10:15-25
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`(“An example of such direct interaction is the engagement of a virtual opponent from
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`a combat vehicle, such as a battle tank.”), 11:59-63 (“For example, if one of the
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`virtual tanks represented in this simulation engage the avatar of the observer’s tank,
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`the resulting damage information will activate damage displays, or a ‘killed’
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`indicator in the observer’s sensors and controls suite.”); see also id., 11:4-6 (“virtual
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`battle damage”), 15:53-56 (“The virtual entities implemented by the virtual
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`simulation and control software are capable of engaging the avatar of the observer’s
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`vehicle, depending on the scenario loaded in.”), 15:25-30 (“engaging the virtual T-
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`80s operated by the virtual simulation”), 10:39-44 (engaging virtual tank).) Jaszlics’
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`disclosure of using its combined reality system for simulated war games therefore
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`discloses “3-D video game indicia.” (Cooperstock, ¶83.)
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`Putting aside its military-specific gaming applications, Jaszlics expressly
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`teaches that its system can be used as “an interactive, recreational device,” and is
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`broadly applicable to gaming generally, explaining that, for example, “[a]nother
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`possible field of use is in games, such as laser tag, so that virtual players, objects,
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`and special effects can be combined with real players and real objects in the playing
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`field.” (Jaszlics, 1:64-67, 18:48-55; see also id., 15:21-25 (“Other scenarios not
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`related to tanks, or military training, can be selected by a user….”).) Jaszlics
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`therefore clearly discloses and renders obvious “3-D video game indicia.” Jaszlics
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`therefore teaches a system in which “3-D video game indicia is operable to be
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`provided to said display with respect to a physical playfield” as claimed.
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`(Cooperstock, ¶84.)
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`Jaszlics also discloses, and a person of ordinary skill in the art would have
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`understood and found it obvious, that Jaszlics’ virtual entities (“3-D video game
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`indicia”) would be operable to be provided to the head-mounted display with respect
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`to a physical playfield “based on video game logic associated with a video
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`game”—i.e., logic associated with Jaszlics’ “virtual simulation and control
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`software” and virtual simulations executed by the software. (Cooperstock, ¶¶85-
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`86.)
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`In particular, Jaszlics describes its system as using a conventional computing
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`system, such as “a personal workstation running two 266 MHz Pentium II
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`Petition for Inter Partes Review of
`U.S. Patent No. 9,744,448 B2
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`processors,” to execute software including “virtual simulation and control software”
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`and virtual simulations executed by the software, such as various “scenarios”
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`providing game simulations—military-based or otherwise. (Jaszlics, 14:13-18
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`(“Virtual masking object generation is presen