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`Paper 23
`Entered: January 13, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`INTEL CORPORATION,
`Petitioner,
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`v.
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`FUZZYSHARP TECHNOLOGIES, INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-00002
`Patent 6,172,679 B1
`_______________
`
`
`Before JUSTIN T. ARBES, TREVOR M. JEFFERSON, and
`DAVID C. MCKONE, Administrative Patent Judges.
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`MCKONE, Administrative Patent Judge.
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`FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
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`I. INTRODUCTION
`A. Background
`Intel Corporation (“Petitioner”) filed a Substitute Petition (Paper 4,
`“Pet.”) to institute an inter partes review of claims 1, 4, and 5 of U.S. Patent
`No. 6,172,679 B1 (Ex. 1001, “the ’679 patent”). FuzzySharp Technologies,
`Inc. (“Patent Owner”) filed a Preliminary Response (Paper 8, “Prelim.
`Resp.”). Pursuant to 35 U.S.C. § 314, in our Decision to Institute (Paper 9,
`“Dec.”), we instituted this proceeding as to all of the challenged claims of
`the ’679 patent.
`During this trial, Patent Owner filed a Patent Owner Response
`(Paper 16, “PO Resp.”) and Petitioner filed a Reply to the Patent Owner
`Response (Paper 19, “Reply”). An oral hearing in this matter and IPR2014-
`00001 (argued together) was held on October 28, 2014 (Paper 22, “Tr.”).
`We have jurisdiction under 35 U.S.C. § 6(c). This decision is a final
`written decision under 35 U.S.C. § 318(a) as to the patentability of the
`challenged claims. Based on the record before us, Petitioner has
`demonstrated by a preponderance of the evidence that claims 1, 4, and 5 are
`unpatentable.
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`B. Related Proceedings
`According to Petitioner, Patent Owner has asserted the ’679 patent
`against Petitioner in Case No. 4:12-cv-04413-YGR (N.D. Cal.) (“Intel
`action”), which is currently on appeal to the U.S. Court of Appeals for the
`Federal Circuit. Pet. 2; Paper 18.
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`According to Patent Owner, the only matter pending that may be
`affected by a decision in this proceeding is FuzzySharp Technologies, Inc. v.
`Nvidia Corp., Civil Action No. 12-cv-6375-JST (N.D. Cal.), filed on
`December 17, 2012. Paper 6, at 2.
`Petitioner also filed a petition for inter partes review of Patent
`6,618,047 B1 (“the ’047 patent”). See Intel Corp. v. FuzzySharp
`Technologies, Inc., Case IPR2014-00001 (PTAB Sept. 30, 2013) (Paper 1).
`The ’047 patent also is asserted by Patent Owner in the Intel action.
`See, e.g., Ex. 1009.
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`C. Reference Relied Upon
`Petitioner relies upon the following prior art reference: David Salesin
`& Jorge Stolfi, The ZZ-Buffer: A Simple and Efficient Rendering Algorithm
`with Reliable Antialiasing (1989) (Ex. 1002, “Salesin”).
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`D. Ground of Unpatentability
`We instituted this proceeding based on the ground of anticipation of
`claims 1, 4, and 5, under 35 U.S.C. § 102(b), by Salesin.
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`E. The ’679 Patent
`The ’679 patent describes techniques for improving three-dimensional
`(“3-D”) computer graphics visibility calculations. Ex. 1001, 1:9–12. A
`point in a 3-D image can be viewed from multiple viewpoints. Id. at 4:44–
`54. This is illustrated in Figures 2 and 3, reproduced below:
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`Figuure 2 depictts projectioons of a pooint at an ararbitrary vieewpoint. IId. at 3:42..
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`Figuure 3 depictts the relattionship beetween projjection boxxes and a ffuzzy
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`projeection box. Id. at 3:443–44.
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`A group of viewpoints (e.g., the three VPs of Figure 3) can be
`associated with a coordinate system and grouped in a “viewpoint bounding
`box” (e.g., BB of Figure 3), which the patent describes as the smallest right
`quadrangular prism enclosing the viewpoints. Id. at 4:63–5:1. The point to
`be observed can be said to be totally visible from the bounding box if it is
`always visible from every possible viewpoint in the bounding box and
`totally invisible if it is hidden from every such viewpoint. Id. at 5:7–11.
`The group of viewpoints may contain only a single viewpoint; in that case,
`the bounding box degenerates into the viewpoint. Id. at 5:18–22.
`As shown in Figure 2, the point to be observed (PO) can be
`represented by the intersection of a projection plane (PP) and a vector (VV)
`from the point to be observed (PO) to a viewpoint (VP). Id. at 5:31–43. As
`shown in Figure 3, to facilitate sampling, the projection plane can be divided
`into rectangular cells or elements (fuzzy array FA). Id. at 6:58–67; Fig. 2.
`As shown in Figure 2, the point may be included in a visible patch (PT) that
`occludes an invisible point (IP). Id. at 5:48–50.
`The ’679 patent describes detecting patches that are invisible to all
`viewpoints in a bounding box. Id. at 9:8–10:55. Similarly, it describes
`detecting patches that are totally visible to all viewpoints in the bounding
`box. Id. at 10:56–11:52. Overlapping patches can be stored in a linked list
`called a projection patch list. Id. at 11:56–61. The ’679 patent describes
`calculating a list of the totally visible and totally invisible patches for a
`viewpoint group. Id. at 11:56–13:26. The patches identified as totally
`visible and totally invisible can be ignored in subsequent visibility
`computations. Id. at 13:26–35. For example, they need not be compared
`with other patches to determine their visibility. Id. at 13:31–33.
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`Claim 1, reproduced below, is illustrative of the claimed subject
`matter:
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`1. A method of reducing the complexity of visibility
`calculations required for the production of multidimensional
`computer generated images, said method performed on a
`computer, said method comprising the steps of:
`relationship
`prior
`to an occlusion or
`invisibility
`computation (known per se) being carried out on a
`plurality of surfaces from each viewpoint to be
`calculated:
`for selected ones of said surfaces, determining for said
`viewpoint whether each said selected surface is
`(a) an always unoccluded surface, an always
`hidden surface, or a remaining surface; or
`(b) an always unoccluded surface, or a remaining
`surface; or
`(c) an always hidden surface, or a remaining
`surface;
`wherein said remaining surface is a surface which is
`unable to be determined with certainty as to
`whether it is either unoccluded or hidden;
`exempting from said occlusion or invisibility relationship
`computation
`those surfaces which are either
`always unoccluded or always hidden;
`maintaining a record of said remaining surface; and
`carrying out occlusion or
`invisibility
`relationship
`computations on said remaining surfaces.
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`II. ANALYSIS
`A. Claim Construction
`The ’679 patent is expired. “[T]he Board’s review of the claims of an
`expired patent is similar to that of a district court’s review.” In re Rambus
`Inc., 694 F.3d 42, 46 (Fed. Cir. 2012) (internal citations omitted). Thus, we
`construe the claims in accordance with their ordinary and customary
`meanings, as would be understood by a person of ordinary skill in the art, in
`the context of the specification. See generally Phillips v. AWH Corp., 415
`F.3d 1303 (Fed. Cir. 2005) (en banc).
`In the Petition, Petitioner asserted that the parties had stipulated to the
`constructions of several claim terms in the Intel action. Pet. 11–12, 16–18.
`Patent Owner did not propose a construction for any claim term in the
`Preliminary Response. For these claim terms, we preliminarily determined
`that the purportedly stipulated constructions proposed by Petitioner
`represented the ordinary and customary meaning of those terms, as would be
`understood by a person of ordinary skill in the art, in the context of the
`specification. Dec. 9–10.
`Additionally, Petitioner proposed a construction of “determining for
`said viewpoint whether each . . . surface is (a) an always unoccluded surface,
`an always hidden surface, or a remaining surface, or (b) an always
`unoccluded surface or a remaining surface; or (c) an always hidden surface,
`or a remaining surface,” as recited in claim 1. Petitioner contended that, in
`the Intel action, the parties disputed “whether this step is satisfied by
`determining both which surfaces are invisible and which surfaces are visible
`(Intel’s position) or whether it requires merely making one or the other of
`those determinations (the Patent Owner’s position).” Pet. 13. We
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`preliminarily determined that Salesin anticipates claims 1, 4, and 5 under
`either interpretation and, thus, declined to construe the term expressly.
`Dec. 10–11.
`In sum, we preliminarily construed the claim terms of the ’679 patent
`as follows:
`Claim Term
`“visibility calculations”
`(claims 1, 4, 5)
`“occlusion or invisibility relationship
`computation (known per se)”
`(claims 1, 4, 5)
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`Construction
`prior art types of rendering
`computations that determine which
`pixels or groups of pixels of 3-D
`surface(s) are visible, which include
`z-buffering and other visibility tests
`performed during rendering
`decreasing the number of
`computational operations to perform
`visibility computations
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`surfaces (i.e., the exterior) of 3-D
`objects that are part of a scene
`the spatial position and orientation
`of a viewer
`totally invisible/visible from a single
`viewpoint (if a single viewpoint) or
`totally invisible/visible from every
`viewpoint (if from a group of
`viewpoints)
`an image
`data representing images
`data derived from physical data
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`“reducing the complexity of visibility
`calculations” (claims 1, 4, 5)
`“reduction in the number and/or
`duration of visibility calculations”
`(claim 5)
` “surfaces” (claims 1, 4, 5)
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`“viewpoint” (claims 1, 4, 5)
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`“always unoccluded” (claims 1, 4, 5)
`“always hidden” (claims 1, 4, 5)
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`“graphic images” (claim 4)
`“computer vision data” (claim 4)
`“abstract data” (claim 4)
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`Claim Term
`“determining for said viewpoint
`whether each . . . surface is (a) an
`always unoccluded surface, an
`always hidden surface, or a remaining
`surface, or (b) an always unoccluded
`surface or a remaining surface; or (c)
`an always hidden surface, or a
`remaining surface” (claims 1, 4, 5)
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`Construction
`(does not require express
`construction)
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`Petitioner and Patent Owner do not dispute these constructions. We
`see no reason to change these constructions based on the complete record
`developed during this trial and, thus, maintain them for purposes of this
`Decision. Neither Petitioner nor Patent Owner identifies any additional
`terms requiring construction. We also do not identify any other terms that
`require express construction for purposes of this Decision.
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`B. Asserted Grounds of Unpatentability
`1. Anticipation of Claims 1, 4, and 5 by Salesin
`a. Salesin
`Salesin describes an improved algorithm for rendering 3-D images.
`Ex. 1002, p. 1, cols. 1–2.1 According to this algorithm, a screen plane is
`divided into a two-dimensional array of rectangular cells, each of which
`covers a fixed-sized block of pixels. Id. at p. 2, col. 1. This array is
`represented in memory by a “ZZ-buffer,” which is a two-dimensional array.
`Id. Figure 1, reproduced below, illustrates an example:
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`1 Citations to Exhibit 1002 are in the form of page number of the article and
`column number on the page (p. x, col. y).
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`entry incluudes a
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`ZZ-buffer fer. Each Z illustratess a ZZ-buff
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`Figure 1
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`poinnter to a “tilelist,” or llinked list of tiles, annd each tilee describess an object
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`that may be vissible withinn the ZZ-bbuffer cell.
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`reprooduced bellow, illustrrates Salesiin’s tiles:
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`Figure 22 illustratess the repressentation oof a tile in aa tilelist. EEach tile
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`incluudes minimmum and mmaximum ddepths (Zmmin and Zmmax, respecctively, in
`the tile
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`the ““z” directioon of a cooordinate system) spannned by thee object in
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`relattive to the sscreen planne. Id. Eaach tile alsoo has a fielld indicatinng whetherr
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`its obbject is opaque and ccovers the ccell entirelly. Id.
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`During a “scan conversion” phase, tiles can be added to the tilelists of
`the cells. Id. at p. 3, col. 1. During the tile adding procedure, a quick
`visibility test is performed on a new tile based on its depth and opacity
`information, and the tile is thrown away if it is obscured completely by other
`tiles in the tilelist. Id. at p. 2, col. 2–p. 3, col. 1. Similarly, if the new tile
`completely obscures other tiles in the tilelist, those other tiles in the tilelist
`are discarded. Id. at p. 3, col. 1. Salesin describes a “rendering” phase,
`performed after the scan conversion phase, during which the visibility of
`objects is further calculated and visible objects are shaded. Id. at p. 3,
`col. 1–2. According to Salesin, if the first object in a tilelist is opaque and
`covers the entire cell, then no visibility tests are performed for that cell.
`Id. at p. 12, cols. 1–2.
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`b. Claim 1
`We have considered the evidence and argument presented in the
`Petition (at 20–30), including the testimony of Dr. Seth Teller (Ex. 1013,
`“Teller Decl.”)2, a professor in the Electrical Engineering and Computer
`Science department of the Massachusetts Institute of Technology; the
`PO Response; and Petitioner’s Reply, and conclude that Salesin discloses
`each limitation of claims 1, 4, and 5.
`We find that Salesin discloses a “method of reducing the complexity
`of visibility calculations required for the production of multidimensional
`computer generated images, said method performed on a computer,” as
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`2 The Petition cites to Exhibit 1008. Petitioner, however, filed Exhibit 1013
`correcting Exhibit 1008. See Paper 11, at 2–3; Paper 13, at 1–2.
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`recited in claim 1. Specifically, Salesin describes a two-phase process for
`generating 3-D images: scan conversion, during which a ZZ-buffer is
`created, and rendering, where visibility ultimately is determined. Ex. 1002,
`p. 3, cols. 1–2, p. 5, col. 1. During the rendering phase, the visibility of an
`object in the ZZ-buffer is further refined “if it has not already been resolved
`by the ZZ-buffer.” Id. at p. 3, cols. 1–2. Salesin’s scan conversion step
`reduces the number of visibility calculations performed during the rendering
`phase. Ex. 1013 ¶ 90.
`Salesin’s “scan conversion” phase is performed prior to the
`“rendering” phase, in which “the visibility of the objects within each pixel is
`further refined (if it has not already been resolved by the ZZ buffer), visible
`objects are shaded, and the shades are blended to produce the final pixel
`colors.” Ex. 1002, p. 3, cols. 1–2. The rendering phase relies on the depth
`and opacity information determined in the scan conversion phase. Ex. 1002,
`p. 5, col. 1. Thus, Salesin’s scan conversion phase is performed “prior to an
`occlusion or invisibility relationship computation (known per se) being
`carried out on a plurality of surfaces from each viewpoint to be calculated,”
`as recited in claim 1 and construed in Section II.A, above.
`We also find that Salesin discloses:
`for selected ones of said surfaces, determining for said
`viewpoint whether each said selected surface is
`(a) an always unoccluded surface, an always hidden
`surface, or a remaining surface; or
`(b) an always unoccluded surface, or a remaining surface;
`or
`(c) an always hidden surface, or a remaining surface.
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`Specifically, Salesin discloses that, in its “scan conversion” phase, tiles
`(stored objects to be rendered) are added to and removed from tilelists.
`Ex. 1002, p. 2, col. 2–p. 3, col. 1. When a new tile is added to a tilelist for a
`cell, the new tile is compared to the existing tiles to determine whether it is
`obscured completely or whether it completely obscures other tiles. Id. at
`p. 2, col. 2–p. 3, col. 1. The new tile is thrown away if it is completely
`obscured by other tiles in the tilelist. Id. This is an example of determining
`that the tile is an always hidden surface. Ex. 1013 ¶¶ 91–92. If the new tile
`is opaque and completely obscures the tiles already in the list, the tiles
`already in the list are thrown away. Ex. 1002, p. 3, col. 1. This is an
`example of determining that the tile is an always unoccluded surface.
`Ex. 1013 ¶¶ 91–92.
`Salesin also discloses determining for a viewpoint whether a surface is
`a remaining surface. Claim 1 recites that a “remaining surface is a surface
`which is unable to be determined with certainty as to whether it is either
`unoccluded or hidden.” According to Salesin, during the scan conversion
`phase, if a tile is not determined to be obscured completely or to obscure
`completely the tiles already in the list, “then the new object is appended to
`the list of potentially visible objects.” Ex. 1002, p. 3, col. 1. The visibility
`or invisibility of potentially visible objects is determined later in the
`rendering phase. Id. at p. 3, cols. 1–2.
`Patent Owner argues that Salesin’s “quick visibility test” during the
`scan conversion phase does not result in a tile being placed into one of the
`categories “always unoccluded,” “always hidden,” or “remaining.”
`PO Resp. 2. Rather, Patent Owner argues, Salesin discloses a new category,
`“potentially visible object.” Id. Patent Owner contends that Salesin does
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`not disclose a “remain[ing] surface” because Salesin’s technique keeps
`testing surfaces, sometimes repeatedly, to determine visibility. Id.
`We are not persuaded by Patent Owner’s arguments. Claim 1 recites
`that a “remaining surface” is “a surface which is unable to be determined
`with certainty as to whether it is either unoccluded or hidden.” Salesin
`describes a “potentially visible object” as a tile that is not determined to be
`obscured completely by other tiles (hidden) or that is not determined to
`obscure completely the other tiles in a list (unoccluded). Ex. 1002, p. 2,
`col. 2–p. 3, col. 1. Patent Owner appears to be arguing that a tile, during one
`iteration of Salesin’s technique, may be determined to be unoccluded and,
`yet, in a later iteration, may be determined to be occluded, and, thus, the tile
`is not put definitively into any category. PO Resp. 2. Salesin, however, is
`clear that, if the top tile in a tilelist is opaque and completely occludes the
`tiles below it, “no visibility tests are performed” during the rendering phase.
`Ex. 1002, p. 12, cols. 1–2. Thus, the tile is categorized definitively.
`Moreover, nothing in Salesin suggests that a tile deemed to be occluded (and
`thrown away) may later be unoccluded. Id. at p. 12, col. 1. Thus, Salesin
`discloses definitively categorizing tiles as unoccluded or hidden. Ex. 1013
`¶ 91.
`We also discern no difference between Salesin’s “potentially visible
`object[]” and claim 1’s “remaining surface.” In both cases, a surface that
`cannot be categorized definitively into one of the other categories
`(unoccluded or hidden) is put into a category of surfaces that must be dealt
`with in more detail during a rendering phase. Ex. 1013 ¶¶ 92–93.
`In sum, we find that this set of limitations is disclosed in Salesin. We
`note that this is the case regardless of whether this set of limitations requires
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`determining both which surfaces are invisible and which surfaces are visible
`or whether it requires merely making one or the other of those
`determinations.
`We also find that Salesin discloses “exempting from said occlusion or
`invisibility relationship computation those surfaces which are either always
`unoccluded or always hidden,” as recited in claim 1. If a tile is obscured
`completely (always hidden), it is discarded. Ex. 1002, p. 2, col. 2–p. 3,
`col. 1. If the tile is the first in a tilelist and completely obscures the
`remaining tiles (is always unoccluded), no visibility tests are performed on
`the cell. Ex. 1002, p. 12, cols. 1–2. Thus, no visibility computations are
`performed in Salesin’s rendering phase on tiles discarded during the scan
`conversion phase. Ex. 1013 ¶ 93.
`At the oral hearing, Patent Owner argued that Salesin is inconsistent
`on whether a tile is thrown away if it is obscured by other tiles in the tilelist.
`Tr. 32:16–34:3. In particular, Salesin states that “the tiles already in the list
`are thrown away if they are completely obscured by the new one” and later
`states:
`Note that this operation takes only a constant amount of time
`per object and per cell, because whenever the z interval of the
`new tile overlaps that of the entire list, we just append the new
`tile to the list. We do not attempt to throw away the individual
`tiles that are obscured by the new tile because the time spent in
`this search is likely to be wasted when a subsequent tile
`obscures them all.
`Ex. 1002, p. 3, col. 1. Patent Owner did not state at the hearing which claim
`limitation it contends is missing from Salesin due to this purported
`discrepancy. Tr. 33:5–17. Patent Owner appears not to contend that this
`argument applies to the ’679 patent. Id. at 34:4–10. In any case, claim 1
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`does not recite throwing away a surface determined to be hidden. Rather, it
`recites categorizing an object as hidden and exempting the surface from later
`occlusion or invisibility computations. For the reasons given above, we find
`that Salesin discloses these limitations regardless of whether (or when)
`hidden tiles are thrown away.
`Because the tiles for the remaining surfaces are added to, or kept in,
`the tilelists, Ex. 1002, p. 2, col. 2–p. 3, col. 1, Salesin discloses “maintaining
`a record of said remaining surface,” as recited in claim 1.
`Finally, we find that Salesin discloses “carrying out occlusion or
`invisibility relationship computations on said remaining surfaces,” as recited
`in claim 1 and construed in Section II.A, above. During Salesin’s rendering
`phase, “the visibility of objects within each pixel is further refined (if it has
`not already been resolved by the ZZ-buffer), visible objects are shaded, and
`the shades are blended to produce the final pixel colors.” Ex. 1002, p. 3,
`cols. 1–2.
`Upon consideration of Petitioner’s evidence and arguments (including
`the testimony of Dr. Teller) and Patent Owner’s arguments, we conclude that
`Petitioner has proved by a preponderance of the evidence that claim 1 is
`anticipated by Salesin.
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`c. Claim 4
`Claim 4 depends from claim 1. Petitioner contends that Salesin
`anticipates claim 4. Pet. 25, 30. Patent Owner does not introduce evidence
`or argument disputing Petitioner’s showing that Salesin discloses the
`additional limitation of claim 4. Upon consideration of Petitioner’s evidence
`and argument, we find that Salesin discloses “wherein said images are
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`selected from the group consisting of graphic images, computer vision data,
`abstract data and physical data,” as recited in claim 4. As explained in
`Section II.A, a “graphic image[]” is an image. Salesin describes a technique
`for rendering “high-quality images.” Ex. 1002, p. 1, col. 1.
`Accordingly, we conclude that Petitioner has proved by a
`preponderance of the evidence that claim 4 is anticipated by Salesin.
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`d. Claim 5
`Claim 5 depends from claim 1. Patent Owner does not introduce
`evidence or argument disputing Petitioner’s showing that Salesin discloses
`the additional limitation of claim 5. Upon consideration of Petitioner’s
`evidence and argument (Pet. 25, 31), we find that Salesin discloses “wherein
`the reduction in complexity involves a reduction in the number and/or
`duration of visibility calculations,” as recited in claim 5. Because the
`visibility of an object in Salesin’s ZZ-buffer will be refined during the
`rendering phase only if the visibility of the object has not been resolved
`during the scan conversion phase, the number and duration of visibility
`calculations is reduced for Salesin’s rendering phase. Ex. 1002, p. 3,
`cols. 1–2.
`Accordingly, we conclude that Petitioner has proved by a
`preponderance of the evidence that claim 5 is anticipated by Salesin.
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`III. CONCLUSION
`Petitioner has demonstrated by a preponderance of the evidence that
`claims 1, 4, and 5 of the ’679 patent are unpatentable as anticipated under
`35 U.S.C. § 102(b) by Salesin.
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`IV. ORDER
`For the reasons given, it is
`ORDERED that, based on a preponderance of the evidence, claims 1,
`4, and 5 of U.S. Patent No. 6,172,679 B1 are held unpatentable; and
`FURTHER ORDERED that, because this is a final written decision,
`parties to this proceeding seeking judicial review of our Decision must
`comply with the notice and service requirements of 37 C.F.R. § 90.2.
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`IPR2014-00002
`Patent 6,172,679 B1
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`PETITIONER:
`James F. Valentine
`Rajiv P. Sarathy
`PERKINS COIE LLP
`3150 Porter Drive
`Palo Alto, CA 94304
`JValentine@perkinscoie.com
`RSarathy@perkinscoie.com
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`PATENT OWNER:
`
`David Fink
`Timothy Johnson
`FINK & JOHNSON
`7519 Apache Plume
`Houston, TX 77071
`texascowboy6@gmail.com
`federallitigationlaw@gmail.com
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