Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 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 IPR2025-00741
`U.S. Patent No. 11,376,493 B2
`Issue Date: July 5, 2022
`
`Title: LOCATION-BASED GAMES AND
`AUGMENTED REALITY SYSTEMS
`
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 11,376,493 B2
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`
`
`
`

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`Table of Contents
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`Page
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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 ................................................................. 4
`A.
`Level of Ordinary Skill ...................................................................... 4
`B.
`Specification Overview ...................................................................... 5
`CLAIM CONSTRUCTION ......................................................................... 8
`V.
`VI. THE CHALLENGED CLAIMS ARE UNPATENTABLE .......................... 8
`A. Overview of Grounds ......................................................................... 8
`B.
`Prior Art Status of Relied-Upon References ..................................... 10
`C.
`Ground 1: Claims 1 and 20 Are Obvious Over Jaszlics in View
`of Sofer and Ronzani ....................................................................... 11
`Independent Claim 1: “[a] portable device comprising:”
`
`(1[pre]) .................................................................................. 11
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`Table of Contents
`(continued)
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`Page
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`(a)
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`(b)
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`(2)
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`(c)
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`“a display that is operable to be head-worn,
`wherein 3-D video game indicia is operable to be
`provided on said display with respect to a physical
`playfield, and said 3-D video game indicia is
`associated with a location-based video game;”
`(1[a]) ............................................................................ 14
`“a detector that is operable to be head-worn,
`wherein said detector is operable to determine
`landscape characteristics of said physical playfield,
`wherein said landscape characteristics are utilized
`by said location-based video game; and” (1[b]) .......... 21
`(1)
`First “detector” mapping, based on Jaszlics
`alone or in view of Sofer: “detector” is a
`range scanner ..................................................... 21
`Second “detector” mapping, based on
`Jaszlics alone or in view of Ronzani:
`“detector” is a camera ........................................ 33
`“a device for updating the physical location of said
`device on said physical playfield, wherein the
`physical location of said device is utilized by said
`location-based video game.” (1[c]) ............................. 39
`Claim 20: “The portable device of claim 1, wherein said
`detector is utilized before the start of said video game.” ........ 46
`D. Ground 2: Claims 12 and 17 Are Obvious Over Ground 1 Prior
`Art in Further View of Rallison ....................................................... 49
`Claim 12: “The portable device of claim 1, wherein said
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`display is a non-transparent display, said device includes
`an accelerometer, and said detector includes a camera.” ........ 49
`(a)
`“said display is a non-transparent display” ................... 49
`(b)
`“said device includes an accelerometer” ...................... 54
`(c)
`“said detector includes a camera”................................. 58
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`Table of Contents
`(continued)
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`Page
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`Claim 17: “The portable device of claim 1, wherein the
`pitch, roll, and direction of said head-mounted display
`are utilized in said video game.” ............................................ 59
`VII. CONCLUSION ......................................................................................... 60
`CERTIFICATE OF SERVICE ............................................................................. 63
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`-iii-
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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
`
`List of Exhibits
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`
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`1006-
`1007
`1008
`
`
`Exhibit
`Description of Document
`No.
`1001 U.S. Patent No. 11,376,493 B2 to Jeffrey David Mullen (filed Sep. 21,
`2020, issued Jul. 5, 2022) (“’493” or “’493 patent”)
`1002 Declaration of Jeremy Cooperstock, Ph.D. (“Cooperstock”)
`1003 U.S. Patent No. 6,166,744 to Ivan J. Jaszlics et al. (filed Sep. 15, 1998;
`issued Dec. 26, 2000) (“Jaszlics”)
`1004 U.S. Patent No. 6,369,952 B1 to Richard Dennis Rallison et al. (filed
`Aug. 17,1999; issued Apr. 9, 2002) (“Rallison”)
`1005 U.S. Patent No. 6,411,266 B1 to Francis J. Maguire, Jr. (filed Nov. 17,
`1995; issued Jun. 25, 2002) (“Maguire”)
`(Reserved)
`
`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
`(Reserved)
`1011 U.S. Provisional Patent App. No. 60/066,904 (“Jaszlics Provisional”)
`1012 Excerpts from Microsoft Computer Dictionary (5th ed. 2002)
`1013
`J. P. Rolland et al., “A Comparison of Optical and Video See-Through
`Head-Mounted Displays,” SPIE Vol. 2351 Telemanipulator and
`Telepresence Technologies (1994), pp.293-307 (“Rolland”)
`1014 Excerpts from IEEE 100 : The Authoritative Dictionary of IEEE
`Standard Terms (7th ed. 2000)
`1015 Excerpts from Joseph Angelo, Dictionary of Space Technology (1999)
`1016
`’493 Patent File History
`1017 Declaration of Ingrid Hsieh-Yee, Ph.D. (“Hsieh-Yee”)
`1018 Proof of Service of Complaint
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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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`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 ’493 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.)
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`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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`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. 11,376,493 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
`
`
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`Service Information
`D.
`This Petition is being served by Federal Express to the attorney of record for
`
`the ’493 patent, 32733 - JEFFREY D. MULLEN, 2212 Hassinger Lane, Glenshaw,
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`PA 15116. Petitioner consents to electronic service at the addresses provided above
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`for lead and back-up counsel.
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`FEE PAYMENT
`Petitioner requests review of four claims, with a $51,875 payment.
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`-2-
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`II.
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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 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 ’493 patent is available for IPR and that Petitioner
`
`42.108 AND
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`is not barred or otherwise estopped.
`
`B.
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`Identification of Challenge and Statement of Precise Relief
`Requested
`Petitioner requests IPR institution based on:
`
`Ground
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`Claims
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`Basis for Challenge under §103
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`1
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`2
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`1, 20
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`12, 17
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`Jaszlics in view of Sofer and Ronzani
`Ground 1 Prior Art + Rallison
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`Submitted with this Petition is the Declaration of Jeremy Cooperstock, Ph.D.
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`(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 ’493 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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`Trial is scheduled to start October 5, 2026—over eighteen months from now—and
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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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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): This Petition does not raise a § 325(d) issue because none of the
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`prior art relied upon was cited or otherwise identified during prosecution.
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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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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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`Specification Overview
`B.
`The ’493 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.” (’493, 7:26-32.) 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.” (’493, 3:53-55; see also id., 1:58-62 (listing “the physical world, a
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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) is added to the physical environment.” (’493, 3:63-66.)
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`The ’493 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.” (’493, 4:22-
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`25.) 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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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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`(’493, Fig. 4, 6:18-19.) Referring to Figure 4, the ’493 patent states that “[l]andscape
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`detector 451 may take multiple forms”:
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`
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`For example, landscape detector 451 may measure the distance to
`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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`(’493, 15:23-32.) “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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`(’493, 4:26-29.) “Such information may also be used, for example, to control the
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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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`movement characteristics of computer-controlled video game characters and
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`indicia.” (’493, 4:28-32.) 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
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`present invention”:
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`
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`(’493, Fig. 6, 6:24-27.) Referring to Figure 6, the ’493 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.” (’493, 18:19-21.) “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.” (’493, 18:26-30.)
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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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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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`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 ’493 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 ’493 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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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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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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`
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`(Id. (citing Jaszlics, 9:36, 9:48-57, 2:10-13).)
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`Sofer (EX1008), Ronzani (EX1009), and Rallison (EX1004) are cited in
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`connection with minor points that are arguably disclosed by or at least obvious over
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`Jaszlics alone. Sofer is primarily cited to confirm the obviousness of a “head-worn
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`detector…operable to determine landscape characteristics of said physical
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`playfield.” (Cooperstock, ¶¶56-57.) Ronzani is also cited in connection with
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`confirming the obviousness of a “head-worn…detector…operable to determine
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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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`landscape characteristics of said physical playfield” and also a head-worn “device
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`for updating the physical location of said device.” (Cooperstock, ¶¶61-64.)
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`Rallison is cited in Ground 2 for its disclosures regarding a head-mounted display
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`device that includes an “accelerometer” for detecting “pitch” and “roll.”
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`(Cooperstock, ¶¶67-68.)
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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 ’493 patent. Jaszlics,
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`Rallison, and Ronzani 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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`1 The ’493 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 ’493 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. 11,376,493 B2
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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.
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`C. Ground 1: Claims 1 and 20 Are Obvious Over Jaszlics in View of
`Sofer and Ronzani
`Independent Claim 1: “[a] portable device comprising:”
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`(1[pre])
`As explained below, assuming the preamble provides a claim limitation,
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`Jaszlics discloses and renders obvious “a portable device” in the form of a head-
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`worn display device—such as electronic goggles/visor—worn by a mobile user.
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`(Cooperstock, ¶70.)
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`For background, as discussed in Part VI.A above, Jaszlics discloses a
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`“combined reality” computer system in which virtual images, such as images of a
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`virtual tank or other animated virtual entities, are combined with real-world scenes
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`and displayed together to a user. (Jaszlics, 2:40-56 (“This invention provides a
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`system for combining virtual images with images of the real world…. The resulting
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`combined image is presented in an electronic or optical display.”), 3:13-16
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`(describing Figs. 1a-1d), Table 7 (col. 21) (defining “combined reality” as “Apparent
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`reality, with virtual elements projected into the image of the real world. Virtual and
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`live elements may interact through simulation.”), 1:13-15; Cooperstock, ¶¶71, 52-
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`53.)
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`Petition for Inter Partes Review of
`U.S. Patent No. 11,376,493 B2
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`Jaszlics further teaches that a head-mounted device, such as “electronic
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`display goggles” or “virtual reality goggles or visors worn by the observer [i.e., the
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`user of the system2].” (Jaszlics, 9:48-57; see also id., 2:10-13 (“The present
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`invention can be used with electronic display goggles to greatly extend this
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`entertainment medium by injecting, in real time, three-dimensional virtual elements
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`into the view of the real world.”), 9:34-39 (“The display 111 may be any display
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`system capable of displaying the combined image, such as…an electronic goggle or
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`visor….”), 10:52-57 (“virtual reality goggles”); Cooperstock, ¶72.)3
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`
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`Jaszlics further discloses that a user of its combined reality system can be a
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`mobile individual—not necessarily an individual located in a vehicle. (Jaszlics, e.g.,
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`10:63-67 (“For moving observers, who may be individuals moving in the real world,
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`or housed in a vehicle…”), 5:13-18 (“dynamic scenes with a moving observation
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`point and mobile elements within the real-world scene”), 11:16-18 (“State vectors
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`(three dimensional position, angles, velocity, and angular velocities) are generated
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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. 11,376,493 B2
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`for the observer, and for the observer’s vehicle (if any).”), 1:64-67 (describing laser
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`tag).)
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`And portable head-mounted display devices for use by a mobile individual
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`were already well known by the early 2000s, as confirmed by Ronzani, Rallison, and
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`Rolland, which the Petition discusses in more detail in the analysis below.
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`(Cooperstock, ¶73; Ronzani [EX1009], e.g., Figs. 33, 42 & 67, ¶0142 (“head
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`mounted display 902” with “central programing unit, the memory and various parts”
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`included “with the headpiece”); Rallison [EX1004], e.g., Abstract (“lightweight and
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`compact” “visual display device” “for delivering a generated image, preferable
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`combinable with environment light, to the eye of the user.”), 4:16-19 (“Head
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`position tracker components can be added to provide an indication, e.g., to a
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`computer and/or video game device, of the orientation, movement, and/or location
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`of the user’s head.”), Fig. 1; see also Rolland [EX1013], p.008 n.1 (1994 paper about
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`head-mounted displays that describes “video see-through system with walk-around
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`capability in addition to merging of real and synthetic information”).)
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`Therefore, as one of the display options identified by Jaszlics, a person of
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`ordinary skill in the art would have understood and found it obvious for a mobile
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`individual to use head-worn electronic goggles/visor to enable the user to move
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`about their physical surroundings. (Cooperstock, ¶73.) Jaszlics therefore discloses
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`and renders obvious “a portable device” in the form of head-worn electronic
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`goggles/visor. (Id.)
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`As explained below, the “portable device” as claimed is also obvious over
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`Jaszlics in view of Sofer and Ronzani. (Cooperstock, ¶74.)
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`(a)
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`“a display that is operable to be head-worn, wherein 3-D
`video game indicia is operable to be provided on said
`display with respect to a physical playfield, and said 3-D
`video game indicia is associated with a location-based
`video game;” (1[a])
`Jaszlics’ head-mounted electronic display goggles/visor plainly comprise “a
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`display that is operable to be head-worn.” (Jaszlics, e.g., 9:48-57 (“Alternative
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`display implementations are compatible with the method. These may include flat
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`display panels, image projectors, or virtual reality goggles or visors worn by the
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`observer.”), 2:10-13 (“electronic display goggles”), 9:34-39 (“The display 111 may
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`be any display system capable of displaying the combined image, such as…an
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`electronic goggle or visor….”); Cooperstock, ¶75.)
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`Jaszlics also teaches that “3-D video game indicia is operable to be provided
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`on said display with respect to a physical playfield.” (Cooperstock, ¶¶76-73.)
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`Petitioner notes that the ’493 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[.]” (’493, 1:58-62.)
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`Jaszlics teaches that the electronic display goggles/visor are used to display,
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`for example, virtual tanks and other virtual objects (“3-D video game indicia”)
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`overlaid within a physical landscape surrounding the user (“physical playfield”).
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`(Cooperstock, ¶77.) Figure 1 of Jaszlics illustrates, with Fig. 1d in particular
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`showing how a virtual tank (exemplary “3-D video game indicia”) is displayed
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`within a real world scene (“display[ed] with respect to a physical playfield”):
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`(Jaszlics, Fig. 1; see also id., 4:19-23 (describing Fig. 1d), 8:53-56 (“In this step 110
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`of FIG. 2, the virtual images constructed in the virtual image generation step 109 are
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`combined with the real-world image 114 originating from the video camera 100.”),
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`23:56-59 (claim 4, reciting “wherein said display means comprises an electronically-
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`controlled visor and wherein the field of view comprises the field of view visible
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`through said visor”), 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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`(Jaszlics, Fig. 14; see also id., 3:49-51 (“FIG. 14 is an example of a combined view
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`of virtual tanks and the real world in the infrared as seen through the thermal viewer
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`of a tank or infantry fighting vehicle.”), 9:60-62; EX1011 (Jaszlics Provisional),
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`00152, Fig. 14 (identifying 160 as “Hills” and 162 as “Virtual Entities”);
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`Cooperstock, ¶78.)
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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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`(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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`¶79.)
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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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`conceptual objects, are both “3-D” and “video game” indicia. (Cooperstock, ¶80.)
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`With respect to “3-D,” the figures from Jaszlics shown above include 3-D virtual
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`elements, most clearly shown by unit boundary 173 and navigational marker 174 in
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`Figure 15. More generally, Jaszlics explains that the virtual entities can be generated
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`and rendered using the “Virtual Reality Modeling Language” (“VRML”) or “any
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`rendering system capable of rendering three-dimensional objects, or two-
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`dimensional projections of three-dimensional objects.” (Jaszlics, e.g., 8:7-16, 6:34-
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`41.) VRML was a standard language for modeling three-dimensional interactive
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`objects. (Cooperstock, ¶80 (citing EX1012, p.009 (entry for “VRML”)).) Jaszlics
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`therefore discloses and renders obvious “3-D” indicia. (Id.)
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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, ¶81.) 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 ’493 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.” (’493, 5:29-30; see also
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`id., 5:30-33, 15:40-42; Cooperstock, ¶81.)
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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, ¶82.)
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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.”
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`(Cooperstock, ¶83.) Jaszlics therefore teaches a head-worn display “wherein 3-D
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`video game indicia is operable to be provided on said display with respect to a
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`physical playfield.” (Id.)
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`Turning to the last portion of claim 1[a], Jaszlics also discloses, and a person
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`of ordinary sk