UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`___________________________________
`
`Case: PGR2018-00047
`U.S. Patent No. 9,770,659
`
`
`
`DECLARATION OF DAVID CRANE
`
`
`
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`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 1 of 26
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`
`
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`___________________________________
`
`Case: PGR2018-00047
`U.S. Patent No. 9,770,659
`
`
`
`DECLARATION OF DAVID CRANE
`
`
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 1 of 26
`
`
`
`PGR2018-00047
`U.S. Patent No. 9,770,659
`
`I. Qualifications & Background.
`1. My name is David Crane, and I reside in California. I am an independent
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`consultant. I am over eighteen years of age, and I would otherwise be competent
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`to testify as to the matters set forth herein if I am called upon to do so.
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`2.
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`I submit this Declaration at the request of GREE, Inc., for consideration by
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`the Patent Trial and Appeal Board in the post-grant review of U.S. Patent No.
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`9,770,659 (“the ’659 patent”). I have previously submitted a Declaration at the
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`request of GREE, Inc. in the post-grant review of U.S. Patent No. 9,636,583, of
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`which the ’659 patent is a continuation.
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`3.
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`In forming my opinions, I rely on my knowledge and experience in the field
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`and on documents and information referenced in this Declaration. No part of my
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`compensation in this matter is dependent upon the outcome of this proceeding or
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`any issue in this proceeding.
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`4.
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`I built my first computer – an unbeatable Tic-Tac-Toe computer – at the age
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`of 14, and graduated high school with the ability to program IBM mainframe
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`computers in 3 languages.
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`5.
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`I earned a Bachelor of Science in Electronic Engineering Technology from
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`DeVry Institute of Technology in Phoenix, Arizona (“DeVry”) in 1975. While in
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`college, I was the lead hardware designer and project leader on a fully digital Tic-
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`Tac-Toe playing custom hardware project. This design featured 72 discrete
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`
`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 2 of 26
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`integrated circuits and an innovative display using polarized light to separate light
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`output into Xs and Os. In the same timeframe, I designed the first programmable
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`electronic drum machine, and a digital clock that never needed setting, designed to
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`receive a time standard over the AC power line.
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`6.
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`I began my professional engineering career at National Semiconductor in
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`1975 developing integrated circuits and working with early analog-to-digital and
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`digital-to-analog converters.
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`7.
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`In 1977, I began my career in the video game industry when I joined Nolan
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`Bushnell’s Atari Inc., (“Atari”), where I designed and developed games that
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`generated approximately $15 million in sales revenues for the company. In 1979, I
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`co-founded Activision, Inc. (“Activision”), the first third-party developer and
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`publisher of video game cartridges.
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`8.
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`Activision grew to over $300 million in value in three years, and is now one
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`of the largest, if not the largest, third party video game publishers in the world,
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`with a market capitalization of over $15 billion. During my tenure at Activision I
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`designed and programmed many hit games with unit sales over 500,000. One such
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`example is the game Pitfall!™ which sold over 3,500,000 copies, and held the #1
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`spot on the Billboard Charts for 64 consecutive weeks. Pitfall!™ generated over
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`$50 million in wholesale revenues and spawned numerous other products including
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`many sequels, toys, and a Saturday morning cartoon.
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 3 of 26
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`9.
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`After leaving Activision in 1987, I founded a series of small game
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`publishing companies, performing the same two main functions: First become the
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`company’s hardware expert on a particular game console, then design and program
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`award-winning games. Throughout this process I have developed expertise in over
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`20 video game consoles or systems, including the Atari 2600, Atari 5200, Atari
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`7800, Atari 400, Atari 800, Magnavox Odyssey II, Mattel Intellivision,
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`Colecovision, Apple II, MS-DOS, Commodore C64, Commodore C128, Nintendo
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`NES, Nintendo SNES, Nintendo Game Boy, Nintendo DS, Sega Master System,
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`Sega Genesis, Sega CD, Sony Playstation, Microsoft Xbox, Microsoft Xbox 360,
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`Nokia Series 60 feature phones, LG VX4400, LG VX6000, Apple iPhone, Apple
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`iPod touch, and Apple iPad.
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`10. As game consoles evolved, so did computer programming languages. My
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`expertise includes work in over 20 computer languages: FORTRAN, RPG,
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`COBOL, BASIC; Microprocessor Assembly Languages: 6502, Intel 8080,
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`National Semiconductor PACE 16 bit, National Semiconductor SC/MP 8 bit, GI-
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`1610, Zilog Z80, 65816, Intel 8048, 8086, 80286; Microprocessor Programming
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`Languages: C, C++, Objective C, J2ME, Brew; NEC microcontroller assembly
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`language; Scripting Languages: Lingo, Actionscript, Lua, Javascript, HTML-5;
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`Engineering Languages: SPICE, and VHDL.
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 4 of 26
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`11. A partial list of the published game titles for which I am responsible for the
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`game design and/or programming includes: Canyon Bomber, Outlaw, Slot
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`Machine, Pitfall!, Pitfall II, Lost Caverns, Freeway, Laser Blast, Fishing Derby,
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`Dragster, Grand Prix, A Boy and His Blob, The Rescue of Princess Blobette,
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`Ghostbusters, Skateboardin’, Super Skateboardin’, The Activision Decathlon,
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`T*O*Y*S, Transformers, the computer game, David Crane’s Amazing Tennis,
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`Bart Simpson’s Escape from Camp Deadly, CHOMP, Arcade Bowling, Ten Pin
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`Championship Bowling, Stellar Blast, Arcade Hoops, 3 Point Hoops, QB Pass
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`Attack, Field Goal Frenzy, Lotto Letters, Super Swish, Stellar Blast, Mariner
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`Hybrid Infomercial, Lacrosse, Beach Volleyball, Spiderman Climbing game,
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`Miller Seat Salsa, Super Cocoa Man, Break the Rules Hoops, Downfield Strike,
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`Mini Motocross, Robopup Run, Toyota 4runner Challenge, Tyco RC Speed
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`Wrench, Vertical Jam, E.T.’s Adventure, Bubble Yum Home Run Derby, Bubble
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`Yum Bullpen Blast, Gummi Savers Egg Hunt, Foul Shot Shootout, Life Savers
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`Water Park Pinball, Field Goal Challenge, Crème Savers Bowling, Golf Solitaire,
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`Skyworks Lanes Bowling, Carefree on Ice, Gummi Savers Rock-N-Skate, YIPES!
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`Photo Safari, Ice Breakers Slap Shot Shootout, Southpark Pinball, Breath Savers
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`Road Rally, Ford NASCAR racing challenge, MTv Cranks Dirt Bike Game, Ice
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`Breakers Ultimate Bobsled, Breath Savers Billiards, Snackwells Chocolate Factory
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`Pinball, Snowboard Big Air, Skate Rage Inline Skating, Candystand Miniature
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 5 of 26
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`Golf, Lifesavers Word Challenge, Candystand Open Tennis, Mountain Climbing, 3
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`Point Shootout, Grand Slam Pinball, Nabisco World Team Racing, Soccer
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`Shootout, LifeSavers Treasure Hunt, Oreo Adventure, LifeSavers Roll-A-ball, Air
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`Crisps Slam Dunk, Fruit Chews BMX, and Postopia Bowling.
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`12.
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`I have received many awards for my work and career. Most recently, I
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`received one of the Academy of Interactive Arts and Sciences lifetime honors: The
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`Pioneer Award, celebrating my foundational and continuing work in the creation
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`and development of the video game business. This singular honor, presented to me
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`in 2010, was the inaugural award in a new category. I was the first to receive this
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`award out of everyone who had ever worked in the video game industry throughout
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`its entire history. Additional awards include Game Designer of the Year (twice),
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`the prestigious 2003 Game Developer Choice Award for contribution to the field,
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`and the Lifetime Achievement Award in Video Games from Classic Gaming Expo.
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`In addition to these personal honors, many of the individual games that I have
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`developed have also received numerous awards.
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`13.
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`I am a regular speaker and/or panelist at video game industry trade events
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`such as the D.I.C.E. Summit (Design, Innovate, Communicate & Entertain), and
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`GDC (Game Developers Conference). I have spoken at gatherings of game
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`business executives (such as at the Pepperdine University Graziadio School of
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`Business and Management), and I am featured annually at the Classic Gaming
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 6 of 26
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`Expo. I have been profiled in national press publications including Forbes
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`Magazine and Newsweek, and I have been interviewed by such diverse
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`publications as television’s 20/20 News Magazine and the G4 Television Network.
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`14. My complete academic background and professional experience are set forth
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`in my Curriculum Vitae, a copy of which is attached hereto as Appendix A.
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`15.
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`I relied on the foregoing training, knowledge, and experience in the relevant
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`art in formulating the opinions expressed herein.
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`II. Materials Considered.
`16.
`I have reviewed and considered the following documents in forming the
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`opinions set forth in my declaration:
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`a. The ’659 patent (filed as Exhibit 1001 by Supercell OY).
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`b. Supercell OY’s Petition for Post-Grant Review of the ’659 patent.
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`c. Exhibit 1002 – the prosecution history of the ’659 patent.
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`d. Exhibit 1003 – the USPTO Memorandum dated May 19, 2016.
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`e. Exhibit 1004 – the USPTO Memorandum dated November 2, 2016.
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`f. Exhibit 1005 – the prosecution history of U.S. Patent No. 9,457,273.
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`g. Exhibit 1006 – the prosecution history of U.S. Patent Application No.
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`15/686,268.
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`h. Exhibit 1007 – the prosecution history of U.S. 9,636,583.
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`i. Exhibit 1008 – Microsoft Computer Dictionary, 4th Edition (1999).
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 7 of 26
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`
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`a. Exhibit 2003 – JP2007252696 and Machine Translation of
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`Description.
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`III. Legal Standards Applied.
`17.
`I have been informed and understand that a claim in an unexpired patent
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`shall be given its broadest reasonable construction in light of the patent’s
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`specification. I have been informed and understand that claim terms are generally
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`given their ordinary and customary meaning as would be understood by a person of
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`ordinary skill in the art in the context of the entire disclosure.
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`18.
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`I have been informed and understand that an invention is patent-eligible if it
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`claims a new and useful process, machine, manufacture, or composition of matter,
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`but laws of nature, natural phenomena, and abstract ideas are not patentable. I
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`have been informed and understand that the inquiry determine whether or not an
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`invention is patent-eligible has two steps: (1) determine whether the claim is
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`directed to a patent-ineligible abstract idea, and (2) if so, whether the elements of
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`the claim both individually and as an ordered combination transform the nature of
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`the claim in a patent-eligible application of the abstract idea. I have been informed
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`and understand that claims reciting well-understood, routine, conventional activity
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`in the field are insufficient to render the claims patent-eligible, and the question of
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`whether a claim element or combination of elements is well-understood, routine
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`and conventional to a skilled artisan in the relevant field is a question of fact.
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 8 of 26
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`19.
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`I have been informed and understand that claims have sufficient written
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`description when the disclosure of the application relied upon reasonably conveys
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`to those skilled in the art that the inventor had possession of the claimed subject
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`matter as of the filing date. I have been informed and understand that this test
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`requires an objective inquiry into the four corners of the specification from the
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`perspective of a person of ordinary skill in the art, and based on that inquiry the
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`specification must describe an invention understandable to that skilled artisan and
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`show that the inventor actually invented the invention claimed.
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`20.
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`I have been informed and understand that a claim must particularly point out
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`and distinctly claim the subject matter. I have been informed and understand that a
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`claim is indefinite when it contains words or phrases whose meaning is unclear. I
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`have been informed and understand that the definiteness requirement is not a
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`demand for unreasonable precision, and the amount of clarity that is required
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`necessarily invokes some standard of reasonable precision in the use of language in
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`the context of the circumstances. I have been informed and understand that
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`whether claims are sufficiently definite is based on the perspective of one of
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`ordinary skill in the art in view of the entire written description and developing
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`prosecution history.
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 9 of 26
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`
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`IV. Level of Ordinary Skill in the Art.
`21. A person of ordinary skill in the art (“POSA”) would possess at least an
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`associate degree in the field of computer science (or a related discipline, such as
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`computer engineering, to the extent the course of study involved the design and
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`programming of graphical user interfaces) and at least two years of practical (e.g.,
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`work) experience in the field of video-game programming and interface design. If
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`the POSA did not obtain a formal degree, then they would have at least four years
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`of practical (e.g., work) experience in the field of video-game programming and
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`interface design. In addition, a POSA would have training or experience in game
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`theory and the development of game rules or mechanics.
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`V. Opinions Regarding the ’659 Patent.
`A. The Invention Described in the ’659 Patent is Inventive
`1. Inventive game play:
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`22. The invention described in the ‘659 Patent represents an innovative
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`technological improvement over prior art card games. Specific technological
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`improvements include:
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`23. The effect of individual panels on the outcome of a battle includes capability
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`properties that can change during game play:
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`“The panel information may include information regarding the
`capability of each panel, and the strength of the capability may
`correspond to the size of each panel.” Ex. 1001 at 2:37-39.
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`
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`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 10 of 26
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`“... it is preferable that the panel information described above include
`information on the capability of the panel [such as] information
`including attack, defense (avoidance), attributes, recovery, and skills
`...” Ex. 1001 at 8:29-33.
`
`“A panel can be acquired as a reward for the battle with the enemy
`characters and the boss character. In addition, it is also possible to
`acquire the panel in a specific event or the like. Thus, the user
`acquires the panel by advancing the game.” Ex. 1001 at 9:47-51.
`
`“This gauge shows hit points (hereinafter, described as HP) indicating
`the strength of the character or character points (hereinafter, described
`as CP) indicating the action force of the character. The HP is
`decreased by receiving the action of the attack of the opponent, and is
`increased by taking action for recovery. On the other hand, the CP is
`decreased by placing a large panel.” Ex. 1001 at 9:26-32.
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`“the panel information includes information regarding a capability of
`each panel, and strength of the capability corresponds to the size of
`each panel.” – Claim 7.
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`24. The size of a panel changes with the capability properties of the panel:
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` “The panel information may include information regarding the size of
`each panel.” Ex. 1001 at 2:35-36.
`
`
`“The panel information may include information regarding the
`capability of each panel, and the strength of the capability may
`correspond to the size of each panel.” Ex. 1001 at 2:37-39.
`
`“the predetermined order is determined based on arrangement, shapes,
`and/or sizes of the panels.” – Claim 3.
`
`
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`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 11 of 26
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`25. Panels are disposed into a battle display region of a display screen. For
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`instance, the patent describes an example in which the panels are disposed in
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`patterns according to their size and shape (as shown in FIG. 4):
`
`
`
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`“In the battle display region 310 divided into cells of “4 columnsx4
`rows,” each of panels disposed in the frames H and N has a size
`corresponding to four cells. Similarly, each of panels disposed in the
`frames J and O has a size corresponding to two cells, and each of
`panels disposed in the frames I, K, L, and M has a size corresponding
`to one cell.” Ex. 1001 at 7:64 – 8:3.
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`26.
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`In this particular example, the overall pattern created by the disposition of
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`panels of different size and shape influence the turn-based game play in an
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`innovative fashion:
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`“Specifically, assuming that each row indicates a turn of a battle, the
`occupancy of action in each turn in horizontally long frames such as
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`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 12 of 26
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`the frames H, N, and O, is high compared to that in horizontally short
`frames such as the frames I, J, K, L, and M. Accordingly, for example,
`in the first turn, only the action of the first player is performed.” Ex.
`1001 at 8:4-9.
`
`“That is, a panel the size of which is larger and presents at a position
`where a turn number is earlier leads a battle advantageously.” Ex.
`1001 at 8:14-16.
`
`“In addition, when three or more specific panels are disposed within
`one game display screen, it is also possible to generate a combo
`exhibiting the effect beyond the effects of these cards.” Ex. 1001 at
`10:17-20.
`
`“controlling the game display screen on a screen display unit on the
`basis of information regarding the layout by the panel layout function
`and layout of the panel in the divisions by the second user…” Claim
`1.
`
`“causing a computer to further perform a division execution function
`of executing the divisions in which the panels are disposed by the
`panel layout function in predetermined order.” – Claim 2.
`
`“executing the divisions in which the panels are disposed by the panel
`layout function, based on panel information indicating characteristics
`of the panels disposed in the divisions.” – Claim 5.
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`27. The ‘659 Patent does not simply describe a computerized version of prior art
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`card-based battle games. The invention does not simply use a computer as a tool
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`to automate conventional activity. The invention represents an innovative
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`
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`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 13 of 26
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`
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`technological improvement over prior art card games whereby at least the patterns
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`in which panels are disposed within the battle display region enhances game play
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`in ways not found in any prior art games of which I am aware.
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`28. To the extent that any individual elements described in the invention exist in
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`prior art, those elements are combined in this invention in such a way as to provide
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`a specific implementation of a solution to a perceived problem.
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`2. Visual improvements:
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`29.
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`In addition to innovative technological improvement over the game play of
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`prior art card games, the ‘659 Patent employs computer techniques to improve the
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`user experience:
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`“In addition, it is preferable that the frame have a frame portion […]
`constructed in different colors. In this case, the panel of the first
`character and the panel of the second character can be visually easily
`distinguished.” Ex. 1001 at 9:3.
`
`“...the battle between the first and second characters proceeds in a
`format like a cartoon. Therefore, since the user can play the game with
`a sense of reading a cartoon, the visual effect that the user receives is
`greatly improved compared to known games.” Ex. 1001 at 7:51-55.
`
`“Preferably, these panels display a movie when the panels are
`emphasized and displayed. The movie is an animation that displays a
`plurality of still images consecutively.” Ex. 1001 at 8:46-48.
`
`“the panel indicating the character is displayed as an animation when
`being disposed in the target division.” – Claim 1.
`
`
`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 14 of 26
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`“As shown in FIG. 6, it is preferable that the frame described above
`further have a text display portion 10 to display texts. Preferably, the
`text display portion 10 is displayed to overlap the panel disposed in
`the frame.” Ex. 1001 at 8:50-54.
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`“each of the divisions further possesses a text display portion for
`displaying texts, and the text display portion is displayed to overlap
`the panel disposed in the division.” – Claim 10.
`
`“In addition to the panel described above, the frame preferably has a
`sound effect…” Ex. 1001 at 8:55-56.
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`3. Differentiation from well-understood, routine, conventional activity:
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`30. Through of the use of panel-based data structures in the game program, the
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`specification and claims directly recite aspects of the described “high visual effect”
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`as distinct from two-dimensional prior art card games, including:
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`31. Configuring a panel to display a movie or animation:
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`“Preferably, these panels display a movie when the panels are
`emphasized and displayed. The movie is an animation that displays a
`plurality of still images consecutively.” Ex. 1001 at 8:46.
`
`“… the panel indicating the character is displayed as an animation
`when being disposed in the target division.” Ex. 1001 Claim 1(e).
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`32. Displaying more advantageous panels in a larger size:
`
` “…a panel the size of which is larger and presents at a position where
`a tum number is earlier leads a battle advantageously. Ex. 1001 at
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`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 15 of 26
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`
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`8:14.
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`“… the predetermined order is determined based on arrangement,
`shapes, and/or sizes of the panels” Ex. 1001 Claim 3.
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`33. Configuring a panel to display changing text and/or colors:
`
`“As shown in FIG. 6, it is preferable that the frame described above
`further have a text display portion 10 to display texts. Preferably, the
`text display portion 10 is displayed to overlap the panel disposed in
`the frame. Ex. 1001 at 8:50.
`
`“… each of the divisions further possesses a text display portion for
`displaying texts” Ex. 1001 Claim 10.
`
`“… it is preferable that a frame portion of a frame … be constructed
`in different colors.” Ex. 1001 at 9:4.
`
`“… frame portion[s]…are constructed in different colors” Ex. 1001
`Claim 11.
`
`B. The Claims of the ‘659 Patent Are Not Indefinite:
`1. The claim terms are not indefinite.
`
`34. Terms used in the Claims of the ‘659 Patent are sufficiently described in the
`
`specification. Some of those terms, and representative descriptions from the
`
`specification are included here.
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`a. “panel”:
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`35. The ‘659 “panel” is a logical construct stored in a panel database and a
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`concrete graphical user interface element. The panel may include various
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 16 of 26
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`
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`properties. Examples of such properties include panel size and capability attributes,
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`such as attack, defense (avoidance), recovery, and skills.
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`“The panel information may include information regarding the size of
`each panel.” Ex. 1001 at 2:35-36.
`
`“The panel information may include information regarding the
`capability of each panel, and the strength of the capability may
`correspond to the size of each panel.” Ex. 1001 at 2:37-39.
`
`“the panel information is assumed to include information regarding
`the size of the panel.” Ex. 1001 at 7:59-60.
`
`“... it is preferable that the panel information described above include
`information on the capability of the panel [such as] information
`including attack, defense (avoidance), attributes, recovery, and skills
`...” Ex. 1001 at 8:29-33.
`
`b. “divisions of a game display screen”:
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`36. The invention described in the ‘659 Patent specifies a display screen
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`containing a battle display region which is divided into a plurality of divisions
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`referred to synonymously as divisions or frames.
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`“As shown in FIG. 3, the game display screen 300 is a game display
`screen of a game in which the first and second characters battle
`against each other.” Ex. 1001 at 7:25-27.
`
`“… the game display screen [includes] a battle display region formed
`by one or more frames …” Ex. 1001 at 5:42-43.
`
`“In the battle display region 310 divided into cells of “4 columnsx4
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 17 of 26
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`
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`rows” each of panels disposed in the frames H and N has a size
`corresponding to four cells.” Ex. 1001 at 7:64-67.
`
`“an emphasized display function of emphasizing and displaying the
`panels disposed in the frames executed by the frame execution
`function” Ex. 1001 at 2:31-34.
`
`“an emphasized display function of emphasizing and displaying the
`panels disposed in the divisions executed by the division execution
`function” Ex. 1001 at 10:60-62.
`
`37. The specification makes clear that the battle display region of the game
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`display screen is divided into “frames” and thus a “frame” is a “division of a game
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`screen.”
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`c. “frame portion”:
`
`38. The specification describes a portion of a frame that might be constructed in
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`different colors in order to easily distinguish frames containing panels from each
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`character:
`
`39. E.g.: “In addition, it is preferable that the frame have a frame portion. In this
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`frame portion, it is preferable that a frame portion of a frame in which the panel
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`selected from the first panel group is disposed, and a frame portion of a frame in
`
`which the panel selected from the second panel group is disposed, be constructed
`
`in different colors. In this case, the panel of the first character and the panel of the
`
`second character can be visually easily distinguished.” Ex. 1001 at 9:3-10.
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 18 of 26
`
`
`
`40.
`
`In my opinion, a POSA would understand that the “frame portion” could be,
`
`for example, a colored portion of the frame that remains visible after a character’s
`
`panel is disposed into a frame.
`
`d. “panel selection function” and “receiving a selection by the first
`
`user”
`
`41. The specification discloses a control unit configured to allow the selection of
`
`panels to be disposed in the game play area:
`
`“The control unit 220 includes: a screen display control section 221
`that displays a game display screen that includes a battle display
`region formed by one or more frames on the screen display unit; a
`panel selection section 222 that selects panels to be disposed in the
`frames of the battle display region...” Ex. 1001 at 6:55.
`
`42. The specification further discloses a user interface in the form of an input
`
`receiving unit to give instruction to said control unit:
`
`“For example, a display device provided in a user terminal can be
`used. In addition, it is possible to use a touch panel type display that
`also serves as an input unit to be described later. This function can be
`realized by the screen display control section to be described later.”
`Ex. 1001 at 5:57-62.
`
`“Although not shown in the diagram, the information processing
`apparatus 200 can include an input receiving unit that receives an
`input to give an instruction to the control unit 220. As means for the
`input received by the input receiving unit, everything that the
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 19 of 26
`
`
`
`information processing apparatus operated by the user may have such
`as buttons, a keyboard or a mouse, is included. In addition, as
`described above, it is also possible to use a touch panel type input.”
`Ex. 1001 at 7:10-17.
`
`43. The specification discloses the disposition of panels, either automatically or
`
`based upon selections from a user:
`
`“Preferably, the panels described above are automatically disposed in
`the frames by a computer. In this case, it is possible to save the time
`and effort taken for the user to dispose the panels. The battle result is
`preferably determined based on the panel information at a stage where
`the panels are disposed. In addition, it is also possible to change the
`battle result by changing the panel, which is displayed on the next
`page, by the operation (action for recovery or the like) of the user
`during the battle.” Ex. 1001, 9:15-23.
`
`44. The user can select and combine panels based on panel information.
`
`“Then, in the sub-cycle, the user can use the acquired panel to
`strengthen the deck for the battle or can use the acquired panel to
`develop a character. Developing the character refers to combining the
`character selected by the user with the acquired panel. As shown in
`FIG. 9, panels are used to strengthen each part (body, arms, legs, skill,
`and the like) of the body of the character. For example, a panel with
`information of the strength is used to strengthen the body of the
`character, a panel with information of the attack is used to strengthen
`the arms of the character, a panel with information of the defense is
`used to strengthen the legs of the character, and a panel with
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 20 of 26
`
`
`
`information of special technique effects during the battle is used to
`reinforce the skills of the character. In addition, a setting to make it
`possible to select a larger number of other characters or to use a
`stronger panel as the level of the character rises can also be made.”
`Ex. 1001, 9:52-67.
`
`45. Thus the patent teaches the means to receive user instruction and how user
`
`instruction is carried out by the controller in the game program.
`
`2. User instructions can provide input for the functions in the claim
`
`46. User instructions are sufficiently described in the specification. As an initial
`
`matter, what is claimed is a two-player game “in which a first user and a second
`
`user do battle.” Ex. 1001, Claim 1 preamble. A POSA would understand that a
`
`two-player game has two users, and that gameplay decisions are made based upon
`
`instructions from each user.
`
`47. A user interface is present as described above re Ex. 1001 5:57-62, 6:55-
`
`7:17, disclosing the source of the user instructions upon which the gameplay is
`
`based. In the described gameplay, each user provides user instructions in order to
`
`dispose to the game display screen panels in his or her possession:
`
`“Panels selected from the first panel group configured to include a
`plurality of panels that the first character possesses and the second
`panel group configured to include a plurality of panels that the second
`character possesses are disposed in the frames A to G.” Ex. 1001
`7:37-41.
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 21 of 26
`
`
`
`48.
`
`In this way the outcome of the battle is determined. In addition, an
`
`“operation of the user” can cause changes to be made during play:
`
`“…it is also possible to change the battle result by changing the panel,
`which is displayed on the next page, by the operation (action for
`recovery or the like) of the user during the battle.” Ex. 1001 9:20-23.
`3. Disposing a panel in a “target division” (and “allowed to be
`
`disposed”)
`
`49. The specification is clear that panels are disposed into divisions of a display
`
`screen. A POSA would understand that the destination of a layout function might
`
`be referred to as a “target”, thus a division that is the target of a disposition
`
`operation would be understood to be a “target division”.
`
`50. The specification is also clear that in the preferred embodiment of the
`
`invention the divisions of the display screen represent a grid where each grid
`
`position contains a panel from one character. (The grid nature of the divisions is
`
`further supported by the identification of rows to represent turns in the game.)
`
`Each character disposes panels into the grid. A POSA would understand that one
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`character would not be allowed to dispose a panel into a division that is occupied
`
`by panel belonging to another character, thus understanding what the ‘659 means
`
`by a division in which a panel is “allowed to be disposed”.
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 22 of 26
`
`
`
`4. Written Description analysis
`
`a. The control unit is able to receive physical input from the user
`
`51. As described above, the ability of the control unit to receive input from the
`
`user is sufficiently disclosed in the specification. A user interface is present as
`
`described above re Ex. 1001 5:57-62, 6:55-7:17, disclosing the use of a touch
`
`screen, buttons, a keyboard or a mouse.
`
`b. Selection and disposition of a panel are two basic gameplay
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`decisions available to the user
`
`52. From the ‘659 Patent specification, a POSA would understand the process
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`followed by each user during gameplay. Through the disclosed user interface,
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`each user first selects a panel from among the panels he or she possesses, then
`
`disposes the selected panel to the game display screen according to the pattern
`
`rules shown in Ex. 1001 Fig. 3 and/or Fig. 4.
`
`53. Panel selection is
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