UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD. MasterImage 3D, Inc. and MasterImage 3D Asia, LLC Petitioner,

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1 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD MasterImage 3D, Inc. and MasterImage 3D Asia, LLC Petitioner, v. RealD, Inc. Patent Owner. Issue Date: July 17, 2012 Title: Polarization Conversion Systems For Stereoscopic Projection PETITION FOR INTER PARTES REVIEW OF U.S. PATENT 8,220,934 UNDER 35 U.S.C AND 37 C.F.R ET SEQ.

2 TABLE OF CONTENTS Page TABLE OF EXHIBITS... iv I. MANDATORY NOTICES UNDER 37 C.F.R. 42.8(a)(1)... 1 A. Real Parties-In-Interest Under 37 C.F.R. 42.8(b)(1)... 1 B. Related Matters Under 37 C.F.R. 42.8(b)(2)... 1 C. Lead and Backup Counsel Under 37 C.F.R. 42.8(b)(3)... 1 D. Service Information Under 37 C.F.R. 42.8(b)(4)... 2 II. PAYMENT OF FEES UNDER 37 C.F.R III. OVERVIEW OF THE 934 PATENT... 2 A. Technological Background... 3 B. Disclosure Of The 934 Patent Admitted Prior Art Purported Improvement Provided By The 934 Patent... 7 C. Summary Of The Prosecution History Of The 934 Patent... 9 IV. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R A. Grounds For Standing Under 37 C.F.R (a)...10 B. Identification Of Challenge And Statement of Precise Relief Requested Under 37 C.F.R (b)...11 C. Claims For Which Inter Partes Review Is Requested Under 37 C.F.R (b)(1)...11 D. The Specific Prior Art And Statutory Grounds On Which The Challenge Is Based Under 37 C.F.R (b)(2)...11 E. How The Challenged Claims Are To Be Construed Under 37 C.F.R (b)(3) polarization beam splitter rotator polarization switch and polarization switch subsystem telephoto lens pair cleanup polarizer...14 i

3 TABLE OF CONTENTS (continued) Page F. How The Construed Claims Are Unpatentable Under 37 C.F.R (b)(4)...14 G. Supporting Evidence Under 37 C.F.R (b)(5)...14 V. DETAILED EXPLANATION OF PERTINENCE AND MANNER OF APPLYING CITED PRIOR ART TO EVERY CLAIM FOR WHICH REVIEW IS REQUESTED UNDER 37 C.F.R (b)(4)...15 A. Ground I: Claims 1-6 Are Anticipated Under 35 U.S.C. 102(b) By The Figure 3 Embodiment Of Svardal The Figures 2 And 3 Embodiments Of Svardal Claim Charts For Claims 1-6 Of The 934 Patent Based On Anticipation By The Figure 3 Embodiment Of Svardal...22 B. Ground II: Claims 1-6 Are Rendered Obvious Under 35 U.S.C. 103(a) Over The Figure 3 Embodiment Of Svardal In View Of Bierhuizen Person Of Ordinary Skill In The Art For The 934 Patent The Disclosure Of Bierhuizen Claim Charts For Claims 1-6 Of The 934 Patent Based On Obviousness Over The Figure 3 Embodiment Of Svardal In View Of Bierhuizen...30 C. Ground III: Claims 1, 2, 6-11 and Are Rendered Obvious Under 35 U.S.C. 103(a) Over The Figure 6 Embodiment of Svardal In View Of The Figure 3 Embodiment of Svardal The Figure 6 Embodiment Of Svardal An Obvious Variant Of Svardal s Stereoscopic Projection Systems...36 a. Detailed Description Of Obviousness Of Employing Polarization Recovery In The Fig. 6 Embodiment With The PCA Downstream Of The Projection Lens In The External Stereoscopic Adapter...36 b. Description Of The Fig. 6 Embodiment Employing A PCA Downstream Of The Projection Lens...43 ii

4 TABLE OF CONTENTS (continued) Page 3. Claim Charts For Claims 1, 2, 6-11 and Of The 934 Patent Based On Obviousness Over The Figure 6 Embodiment Of Svardal In View Of The Figure 3 Embodiment Of Svardal...46 D. Ground IV: Claims 1, 2 and 6-11 Are Rendered Obvious Under 35 U.S.C. 103(a) Over The Combination Of The Figure 6 And Figure 3 Embodiments Of Svardal In View Of Bierhuizen Use Of Bierhuizen To Establish Optical Components Within Svardal s Polarization Conversion Assembly Claim Charts For Claims 1, 2 and 6-11 Of The 934 Patent Based On The Combination Of The Figure 6 And Figure 3 Embodiments Of Svardal In View Of Bierhuizen...54 VI. The Grounds For Rejection Presented Herein Are Distinguishable From Those Presented In IPR VII. CONCLUSION...60 CERTIFICATE OF SERVICE (37 C.F.R )...61 iii

5 Exhibit Description TABLE OF EXHIBITS 1001 U.S. to Schuck et al File History for U.S. to Schuck et al Declaration of Matthew S. Brennesholtz with Attachment 1, Curriculum Vitae of Matthew S. Brennesholtz 1004 U.S. Patent No.6,547,396 to Svardal et al U.S. Patent No. 6,839,095 to Bierhuizen et al Curriculum Vitae of Matthew S. Brennesholtz iv

6 I. MANDATORY NOTICES UNDER 37 C.F.R. 42.8(a)(1) A. Real Parties-In-Interest Under 37 C.F.R. 42.8(b)(1) MasterImage 3D, Inc. and MasterImage 3D Asia, LLC (collectively Petitioner ) are the real parties-in-interest. B. Related Matters Under 37 C.F.R. 42.8(b)(2) U.S. Patent 8,220,934 (the 934 patent) (Ex. 1001) and related U.S. Patent 7,905,602 (the 602 patent), and U.S. Patent 7,857,455 (the 455 patent) and related U.S. Patent 7,959,296 (the 296 patent), are the subject of litigation brought by RealD, Inc. ( RealD or Patent Owner ) against Petitioner in the U.S. District Court for the Central District of California (Western Div.). The District Court action, titled RealD Inc. v. MasterImage 3D, Inc. and MasterImage 3D Asia, LLC, No. 2:14-CV-02304, has been stayed pending a final determination of an ITC Investigation, titled In the Matter of Certain Three-Dimensional Cinema Systems and Components Thereof, INV. 337-TA- 339, involving the same four patents. The ITC Investigation was initiated on December 8, 2014 based on a complaint filed by RealD. The respondents are MasterImage 3D, Inc. and MasterImage 3D Asia, LLC. Petitioner is also seeking inter partes review of the 934 patent by a petition filed October 7, 2014 (IPR ), and of the 602, 455 (two petitions) and 296 patents by petitions also filed October 7, 2014 (IPR , 00033, 00035, 00036). C. Lead and Backup Counsel Under 37 C.F.R. 42.8(b)(3) Petitioner provides the following designation of counsel: 1

7 Lead Counsel Evan Finkel (Reg. No. 49,059) Pillsbury Winthrop Shaw Pittman LLP Postal and Hand Delivery Address 725 South Figueroa St., Suite 2800 Los Angeles, CA Tel: ; Fax: Back-Up Counsel Roger R. Wise (Reg. No. 31,204) Pillsbury Winthrop Shaw Pittman LLP Postal and Hand Delivery Address 725 South Figueroa St., Suite 2800 Los Angeles, CA Tel: ; Fax: D. Service Information Under 37 C.F.R. 42.8(b)(4) Service of any documents via hand-delivery may be made at the postal mailing address of the lead counsel designated above with courtesy copies to lead and backup counsel and the address: II. PAYMENT OF FEES UNDER 37 C.F.R The undersigned authorizes the Office to charge Deposit Account No for the fee set forth in 37 C.F.R (a), and for any other applicable or additional fees for or in connection with this Petition or the inter partes review proceeding. III. OVERVIEW OF THE 934 PATENT The 934 patent, titled Polarization Conversion Systems For Stereoscopic Projection, issued July 17, 2012 and claims priority to three provisional applications, the earliest having a filing date of September 29, Portions of the 934 patent disclosure relevant to the challenged claims are reviewed below, following a discussion 2

8 of stereoscopic projection technology. A. Technological Background One method used to display images, e.g., motion pictures, with a stereoscopic three-dimensional ( 3D ) effect utilizes the projection of two images which are superimposed onto a screen. The two images are of the same scene, but are depicted from slightly different perspectives, e.g., the left and right lenses of a stereoscopic camera. The left and right stereoscopic images have a visible light characteristic such that when they are viewed through special eyeglasses, each of the viewer s eyes sees only one of the images, providing the 3D effect. Declaration of Matthew S. Brennesholtz ( Brennesholtz Decl. ) (Exhibit 1003), 11. Visible light characteristics used to achieve a 3D effect include color and polarization. Polarization is a property of an electromagnetic wave, such as light, used to describe the direction in which the wave s electric field is oscillating. The distance a wave travels in one cycle of oscillation is called its wavelength. The color of light is a function of wavelength. When viewed as a sinusoidal, single wavelength plane wave travelling in one direction, light may be characterized as being unpolarized (or randomly polarized) or its state of polarization ( SOP ) may be linear, circular or elliptical. Id., 12. For light impinging on a tilted surface, the plane of incidence is defined as the plane that contains both the direction of propagation of the light and the normal to the tilted surface. For linearly polarized light, the direction of the plane in which 3

9 the electric field oscillates, relative to the plane of incidence of the light, is used to describe the light as being p-polarized (parallel to the plane of incidence), s-polarized (perpendicular to the plane of incidence) or at some angle relative to one of the planes. Light which is p-polarized is orthogonal to s-polarized light. For circularly polarized light, the rotation of the electric field vector may be right-handed or lefthanded, which are also considered orthogonal to each other. Id., 13. Various optical devices can be used to alter light s state of polarization. A linear polarizer is a device that transmits only one polarization, such as a p-polarizer which by its design and orientation passes only linearly p-polarized light. An eyeglass lens used to view polarized stereoscopic images is a polarizer and is sometimes called an analyzer because it analyzes all of the light in its view and blocks out all but one SOP. If the light incident upon a polarizer is predominately of the same orientation as the polarizer, the polarizer is sometimes called a clean-up polarizer. Id., 14. A polarized beam splitter ( PBS ) is used to separate unpolarized light into independent paths of p-polarized and s-polarized light. Some PBSs pass p-polarized light through the device and reflect the s-polarized light upward (or downward). After the PBS, the two different polarizations of light may be traveling perpendicularly to each other or may be at some other angle. Commonly the designations P and S are used for primary and secondary beams. In many polarizing beamsplitters, p- polarized light is transmitted and becomes the primary (P) beam and s-polarized light is reflected and becomes the secondary (S) beam, but the designations primary and 4

10 secondary are arbitrary. Id., 15. A wave plate or retarder alters the polarization state of light passing through it. A half-wave retarder with the correct orientation is used to rotate the polarization direction of linearly polarized light by 90º; thus p-polarized light entering a half-wave retarder exits as s-polarized light. A quarter wave retarder with the correct orientation is used to convert linearly polarized light to circularly polarized light. Retarders are often called by short-hand names, such as half-wave or quarter-wave, without expressly specifying the orientation of their axes or of the input light. Half-wave and quarter-wave refer to a retarder whose value is ½ or ¼ the wavelength of the incident light. Id., 16. Half-wave and quarter-wave retarders are examples of static devices in that the polarization conversion which they perform does not change over time. On the other hand, a polarization switch (also called a polarization modulator) provides different output states of polarization over time based on control signal(s) applied to the switch. For example, a polarization switch could alternately output p/s/p/s-polarized light in synchronization with a control signal ±V,/0/±V/0. Id., 17. Some stereoscopic systems display the left-perspective and right-perspective images simultaneously, while others display the left and right images sequentially, e.g., L/R/L/R. Simultaneous display of left and right images is most easily accomplished using two display devices, e.g., two projectors. Sequential display of left and right images allows use of a single display system which employs a polarization switch 5

11 providing alternating output states of polarization in synchronism with the switching rate between the left and right images. Id., 18. B. Disclosure Of The 934 Patent 1. Admitted Prior Art The 934 patent begins with a discussion of the shortcomings of prior art stereoscopic projection systems and in particular those employing the polarization control as described in U.S. Patent No. 4,792,850 to Lipton et al. 934 patent, 1: A prior art system utilizing a conventional polarization switch to implement polarization control is shown in FIG. 1 of the 934 patent (reproduced below). Id. In Fig. 1, randomly polarized light ray bundles A, B, C emerge from a projection lens 10 of a projector and pass through a linear polarizer 22 so that light of a single linear polarization exits the polarizer. Id. Thereafter, the linearly polarized light passes through a polarization switch 30. Id. The polarization switch has two states which are alternately switched in synchronism with left and right image frames 6

12 such that images of alternating orthogonal polarizations are produced at the screen 14. Id. Polarization-selective eyewear worn by the viewer allows images of one polarization to pass to the viewer s left eye, and images of the orthogonal polarization to pass to the viewer s right eye, to provide three-dimensional images. Id. The linear polarizer 22 absorbs at least 50% of the light, resulting in the image being at least 50% dimmer than that produced in a typical two-dimensional theatre. Id. 2. Purported Improvement Provided By The 934 Patent The 934 patent addresses this shortcoming by providing a polarization conversion system which presents a brighter screen image in cinematic applications utilizing polarized light for three-dimensional viewing. Id., 1:66-2:4. Fig. 2A (reproduced below) is a schematic diagram of an embodiment of the disclosed polarization conversion system. Id., 2: The polarization conversion system 100 receives image light from a 7

13 conventional projector having a projection lens 122. Id., 3: The image light, in the form of randomly polarized ray bundles A, B, C, impinges upon a polarizing beam splitter (PBS) 112. Id., 3: The PBS may be constructed using a wire grid layer on glass or a multi-dielectric layer on glass. Id., 3:48-4:7. The PBS transmits p-polarized light 124 and reflects s-polarized light 126. The p-polarized light passes through the polarization switch 120 as light bundles A, B, C and is switched by the polarization switch into alternating p-polarized and s-polarized light in synchronism with alternating image frames. Id., 3: The s-polarized light 126 reflected upward by the polarizing beam splitter 112 passes through a polarization rotator 114, e.g., a half-wave plate implemented by a stack of polymer films or quartz plates. Id., 3:30-47; 4:8-13. The polarization rotator rotates the s-polarized light 126 to p-polarized light 128. Id. The new p-polarized light 128 is reflected by a fold mirror 116 to direct it to the polarization switch 120 as ray bundles Aʹ, Bʹ, Cʹ. Id. The polarization switch 120 acts upon the p-polarized ray bundles Aʹ, Bʹ, Cʹ to rotate the polarization of the ray bundles in alternating frames in synchronism with the polarization rotation of the ray bundles A, B, C. Id. From the polarization switch 120, the ray bundles A, B, C, Aʹ, Bʹ, Cʹ impinge upon a screen 130. Id. Fig. 4 (reproduced below) illustrates that the polarization switch may be implemented by two separate devices, one device disposed in the first light path and a 8

14 second device disposed in the second light path. Id., 4:32-50; 5: In Fig. 4, the lower reference numeral 320 identifies a polarization switch, whereas the upper reference numeral 320 identifies a polarizer stack, as well as a polarization switch. Fig. 4 also illustrates that a telephoto lens pair 340 may be positioned in the optical path where the light transmits through a PBS 312. Id., 5:58-6:8. The telephoto lens 340 allows control of magnification, distortion, and imaging properties with two elements such that the two images overlay relatively close, i.e., within 1-4 pixels of each other, while maintaining spots sizes on the order of a fraction of a pixel and lateral color on the order of a pixel. Id. C. Summary Of The Prosecution History Of The 934 Patent The 934 patent was filed on March 14, A copy of the file history for the 9

15 934 patent is included herewith as Exhibit In a preliminary amendment, Applicant cancelled original claims 1-20 and substituted new claims 21-40, with claims 21, 32, and 38 written in independent form. Ex 1002, pp In an Office Action mailed October 20, 2011, claims were rejected as being anticipated by U.S. Patent 7,204,592 ( O Donnell ) or U.S. Pub. App. No. 2005/ ( Yamanaka, ) and as being obvious over Yamanaka in view of one or more of U.S. Patent 6,761,459 ( Arsenich ), U.S. Patent 6,976,759 ( Magarill ) and U.S. Patent 5,453,859 ( Sannohe. ) Ex. 1002, pp In a February 21, 2012 Response, Applicant amended independent claims 21 and 32 to include a limitation that was already included in independent claim 38, that the polarization switch subsystem selectively translates both the polarization states of the first and second light bundles to one of a first output SOP and a second output SOP. Ex. 1002, Applicant also argued that neither O Donnell or Yamanaka (or any of the other cited references) has a polarization rotator that is operable to translate the second SOP to the first SOP. Ex. 1002, pp The 934 patent subsequently issued without further comment from the Examiner. April 27, 2012 Notice of Allowability, Ex. 1002, pp IV. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R A. Grounds For Standing Under 37 C.F.R (a) Petitioner certifies under 37 C.F.R (a) that the patent for which review 10

16 is requested is available for inter partes review and that Petitioner is not barred or estopped from requesting an inter partes review challenging the patent claims on the grounds identified in the petition. Neither Petitioner, nor any party in privity with Petitioner, has filed a civil action challenging the validity of any claim of the 934 patent. The 934 patent is the subject of a pending inter partes review filed by Petitioner (IPR ). Petitioner also certifies this petition for inter partes review is filed within one year of the date of service of a complaint alleging infringement of a patent. Petitioner was served with a complaint alleging infringement of the 934 patent on March 26, 2014, which led to Civil Action No. 2:14-CV in the Central District of California. Because the date of this petition is less than one year from March 26, 2014, this petition complies with 35 U.S.C. 315(b). B. Identification Of Challenge And Statement of Precise Relief Requested Under 37 C.F.R (b) The precise relief requested by Petitioner is that claims 1-11 and of the 934 patent be found unpatentable. C. Claims For Which Inter Partes Review Is Requested Under 37 C.F.R (b)(1) Inter partes review of claims 1-11 and of the 934 patent is requested. D. The Specific Prior Art And Statutory Grounds On Which The Challenge Is Based Under 37 C.F.R (b)(2) Inter partes review is requested in view of the following references and specific grounds for rejection: 11

17 Ground 1: Claims 1-6 are anticipated under 35 U.S.C. 102(b) by the Fig. 3 embodiment of Svardal, U.S. Patent 6,547,396 (Ex. 1004). Ground 2: Claims 1-6 are rendered obvious under 35 U.S.C. 103(a) over the Fig. 3 embodiment of Svardal in view of Bierhuizen, U.S. Patent 6,839,095 (Ex. 1005). Ground 3: Claims 1, 2, 6-11 and are rendered obvious under 35 U.S.C. 103(a) over the Fig. 6 embodiment of Svardal in view of the Fig. 3 embodiment of Svardal. Ground 4: Claims 1, 2 and 6-11 are rendered obvious under 35 U.S.C. 103(a) over the combination of the Fig. 6 and Fig. 3 embodiments of Svardal in view of Bierhuizen. E. How The Challenged Claims Are To Be Construed Under 37 C.F.R (b)(3) A claim in inter partes review is given the broadest reasonable construction in light of the specification See 37 C.F.R (b). Petitioner presents a construction for certain terms present in the challenged claims in the subsections below. The constructions set forth below are provided only for the purposes of this inter partes review. These constructions are not intended and shall not be viewed as constituting, in whole or in part, Petitioner s constructions applicable in any other forum, including U.S. District Court or the U.S. International Trade Commission, where the rules or standards for claim construction differ from those applicable to inter partes review before the Office. 12

18 1. polarization beam splitter The term polarization beam splitter should be construed as a device that creates primary path and secondary path beams of light energy by directing light of one polarization state along the primary path and light of another polarization state along the secondary path. Ex. 1001, 934 patent, 3:24-29; Ex. 1003, Brennesholtz Decl rotator The term rotator should be construed as an optical device that receives light energy and rotates the polarization characteristics of light passing through it to another polarization state. 934 patent, 3:30-47; Brennesholtz Decl polarization switch and polarization switch subsystem The terms polarization switch and polarization switch subsystem should be construed as a device that receives light energy and outputs the light energy in at least two alternating states of polarization, wherein the alternating states, include, but are not limited to, p-polarized and s-polarized linearly polarized light, and left- and right-handed circularly polarized light. 934 patent, 2:14-18; Brennesholtz Decl telephoto lens pair A telephoto lens pair should be construed as a lens pair which allows control of magnification, distortion, and imaging properties of light

19 patent, 5:62-67; Brennesholtz Decl cleanup polarizer A cleanup polarizer should be construed as an optical device which removes undesired polarization characteristics from light having one predominate polarization state of potentially insufficient purity. 934 patent, 6:33-45; Brennesholtz Decl. 19. F. How The Construed Claims Are Unpatentable Under 37 C.F.R (b)(4) An explanation of how construed claims 1-11 and of the 934 patent are unpatentable (invalid) under the statutory grounds identified above, including identification of where each element of the respective claims is found in the prior art patent, is provided in Section V below. G. Supporting Evidence Under 37 C.F.R (b)(5) The exhibit numbers of the supporting evidence relied upon to support the challenge are provided in Section V below in discussing the prior art patents. See also the Table of Exhibits, pg. iv. Section V also identifies specific portions of the evidence that supports the challenge. 14

20 V. DETAILED EXPLANATION OF PERTINENCE AND MANNER OF APPLYING CITED PRIOR ART TO EVERY CLAIM FOR WHICH REVIEW IS REQUESTED UNDER 37 C.F.R (b)(4) A. Ground I: Claims 1-6 Are Anticipated Under 35 U.S.C. 102(b) By The Figure 3 Embodiment Of Svardal 1. The Figures 2 And 3 Embodiments Of Svardal U.S. Patent 6,547,396 (Ex. 1004) to Svardal et al. (hereinafter Svardal ) issued April 15, 2003 and is therefore prior art to the 934 patent under 35 U.S.C. 102(b). Svardal is listed as a cited reference on page 2 of the 934 patent, but was not utilized in any rejection of the claims during prosecution (see Section III.C above). Svardal discloses projectors for displaying an image on a viewing surface, wherein the image is perceived by a viewer as being three-dimensional ( 3D ). Svardal, 1:6-9. To achieve the 3D effect, the projectors utilize a stereoscopic projection technique in which left-eye and right-eye images are projected such that, with the aid of optical filters worn by the viewer, the viewer sees the left-eye images through only his left eye, and the right-eye images through only his right eye. Id., 1: Fig. 5 (reproduced below) is a perspective view of one embodiment of the projection system. 15

21 The projection system 200 includes a projector body 202 and a projection lens 204. Id., 7: In a first embodiment of the invention, all of the electrical and optical components needed to project a stereoscopic image are completely housed within the body 202. See Figs In another embodiment, components within the body 202 work in combination with components housed within a frame 208 to provide a stereoscopic adapter 206 which is removable from the projection lens 204. Id., 7:36-49; see also Figs. 6, 7 and Section V.C.1 below. Fig. 2 (reproduced below) illustrates one example of the first embodiment in which the left-eye and right-eye images are projected at the same time. Id., 6: In Fig. 2, a light beam 23, originating from a light source 22, passes through an infrared and/or ultraviolet filter 24 and through a rotating color wheel 26. Id., 3:46-4:21. The color wheel spins at a predetermined frequency to sequentially pass, for example, red, green and blue light. Id. Thereafter, the light beam 23 passes through an integrator 28, and by use of relay lenses 30 and mirror 32 is directed upward toward a polarizing beam splitter 36. Id., 4:22-5:2. Adjacent to two sides of the beam 16

22 splitter 36 are left-image producing element 42 and right-image producing element 44, which together comprise an image engine 34. Id. Image producing elements 42, 44 are reflective liquid crystal on silicon (LCOS) panels which operate by selectively optically rotating and reflecting portions of an incident polarized light beam on a pixel-by-pixel basis in accordance with a left eye image signal and a right eye image signal, respectively. Id., 5:3-18. The polarizing beam splitter 36 serves to separate the unpolarized light ray 23 into first and second polarized light beams for application to the respective image producing elements 42, 44. Id., 4:46-5:2. After selective rotation and reflection of the first and second polarized light beams by the left, right image-producing elements 42, 44, the polarizing beam splitter 36 directs the image-bearing light through the projection lens 14 so that the left image beam and the right image beam are projected in an overlapping manner, forming the stereoscopic image on a viewing surface. Id., 5:46-6:4. By use of appropriate polarization filters in the form of eyewear worn by the viewer, the viewer s left eye sees only the left-eye images and the viewer s right eye sees only the right-eye images. Id., 5:46-6:4; see also 1: In the system of Fig. 3 (reproduced below), the left-eye and right-eye images are projected in an alternating fashion. Id., 6:

23 Two main components added to the Fig. 2 system to provide the alternate leftimage/right-image system of Fig. 3 are a PCA 116 and a variable retarder 132. Id., 6:17-63; c.f. Fig. 3 with Fig. 2. Referring to Fig. 3, the PCA 116 is in the path of the unpolarized light beam 104 after the beam has passed through the color wheel 108 and lenses 110, 112, 114. Id., 6: The PCA 116 modifies the unpolarized light beam using polarization recovery. Id., 6:32-42; 7:23-28; see also Brennesholtz Decl., Polarization recovery is performed by splitting an unpolarized beam of light into two polarized beams, rotating the polarization of one beam to match the polarization of the other, and then recombining the beams into a single polarized beam. Svardal, 7: One of ordinary skill in the art in the field of the 934 patent (as described in Section V.B.1 below) would have understood that: i) splitting the unpolarized beam of light into two polarized beams is performed by a polarizing beam splitter; ii) rotating the polarization of one beam to match the polarization of the other beam is performed by a half-wave retarder; iii) recombining the beams into a single polarized 18

24 beam is performed by a reflector; and iv) the polarizing beam splitter, half-wave retarder and reflector are within the PCA 116. Brennesholtz Decl., From the depiction in Fig. 3, one of ordinary skill would have understood that the PCA 116 is comprised of multiple sets of optical devices, where each set includes a polarizing beam splitter, a half-wave retarder and a reflector, and where the sets are arranged in an array such that each set of optical devices performs polarization recovery on respective light rays forming the unpolarized light beam 104. Id. That a PCA 116 as disclosed in Svardal necessarily includes (and thus Svardal inherently discloses) a polarizing beam splitter, half-wave retarder, and reflector for respectively performing its splitting, rotating, and recombining operations is confirmed by U.S. Patent No. 6,839,095 to Bierhuizen et al. (Ex. 1005) (hereinafter Bierhuizen ). As discussed below in Section V.B.2, Bierhuizen and Svardal are both assigned to InFocus Corporation, both name Benny S. Svardal as an inventor, and both utilize a PCA for polarization conversion assembly. Whereas Svardal describes the three-steps performed by the PCA without expressly mentioning the components within the PCA that necessarily perform those steps, Bierhuizen expressly identifies such components that is, Bierhuizen makes express that which is inherent to the PCA 116 in Svardal. See Section V.B.2 below. The two polarized beams resulting from the splitting performed by the polarizing beam splitter within PCA 116 have different states of polarization as established by the need to perform rotating on the polarization of one of the 19

25 beams; and the two polarized beams are directed along first and second light paths as established by the need to perform recombining of the beams into a single beam. Brennesholtz Decl., 22. As the rotating step of polarization recovery may be performed on either polarized beam, the half-wave retarder, i.e., the polarization rotator, within the PCA 116 may be located on the first or second light paths. Id. The reflector is arranged to redirect the light on one of the light paths to travel in the same direction as the light on the other path such that the two light paths substantially overlap on a display surface, e.g., a projection screen. Id. In a common PCA arrangement, both the half-wave retarder and reflector are on the same light path, which may be the second light path. Id. The beam of single polarized light exiting the PCA 116 is directed by relay lenses 118 and a mirror 120 toward a polarizing beam splitter 124 and an image engine 122 comprised of left image, right image producing elements 126, 128. Svardal, 6: Before reaching the polarizing beam splitter 124, the beam of single polarized light passes through a clean-up polarizer 130 and the variable retarder 132. Id., 6:47-50; see also Brennesholtz Decl., 23. The variable retarder 132 has two states: i) a first state in which incident polarized light passes through without being rotated, and ii) a second state in which incident polarized light is rotated 90º. Svardal, 7:4-22. Thus, the variable retarder 132 selectively (alternately) translates the incident polarized light to p/s/p/s-polarized light. Brennesholtz Decl., 23. When the variable retarder is in the first state, the beam exiting the variable retarder has a polarization state (p- 20

26 polarization) which allows the beam to pass through the polarizing beam splitter 124 to impinge on the left image-producing element 126. Svardal, 7:4-22; see also Brennesholtz Decl., 23. Conversely, when the variable retarder 132 is in the second state, the exiting beam of light has the orthogonal polarization state (s-polarization) so that the light beam is reflected by the polarizing beam splitter 124 to impinge on the right image producing element 128. Id. The variable retarder 132 is thus used to selectively (alternately) translate the incident polarized light to p/s/p/s-polarized light, which alternating polarization states are output by the projector (although each of the image producing elements 126, 128 also perform translation, i.e., rotation, of the polarized light respectively applied to them). Id. The left image-producing element 126 and the right image-producing element 128 are configured to alternately produce the left-eye image and the right-eye image in synchronism with the no polarization rotation/90º polarization rotation states of the variable retarder 132. Svardal, 6: The alternating left-eye and right-eye images are directed by the polarizing beam splitter 124 for projection through the projection lens 134 onto a viewing surface. Id., 6:50-63; 2: In Fig. 3, the projection lens 134 is located downstream of the PCA 116 and therefore downstream of the PBS within the PCA. Brennesholtz Dec., 43. Accordingly, the projection lens 134 is on the first light path (and on the second light path) created by the PBS. Id. It was well known to one of ordinary skill in the art in 2003 that a projection lens contains two or more lens disposed in a spaced relation. 21

27 Id. Thus, one of ordinary skill in the art would have understood that the depiction for element 134 in Fig. 3 of Svardal illustrates a housing used to keep at least one pair of internal lenses in the correct relative position. Id. 2. Claim Charts For Claims 1-6 Of The 934 Patent Based On Anticipation By The Figure 3 Embodiment Of Svardal Notwithstanding the description of the stereoscopic projection system provided in the 934 patent specification, claims 1-6 of the 934 patent have no requirement that the light reaching the polarization beam splitter (PBS) originates from a projector or a projection lens. c.f. claims 10 and 18. Claims 1-6 are anticipated by the Fig. 3 embodiment of Svardal as shown by the claim charts below. USP 8,220,934 Svardal, U.S. Patent No. 6,547, A stereoscopic system Svardal discloses a system for projecting stereoscopic comprising: images. Svardal Abstract, 1:6-9, 1:66-2:1. In describing the projector of Fig. 3, Svardal discloses use of a variable retarder 132 in combination with a polarization recovery technique. Id., 7: Polarization recovery is performed by splitting an unpolarized beam of light into two polarized beams, rotating the polarization of one beam to match the polarization of the other and then recombining the beams into a single polarized beam. Id., 7:24-28 (referred to below as the splitting, rotating and recombining steps, respectively). The splitting, rotating and recombining steps are respectively performed by a polarizing beam splitter, a half-wave retarder and a reflector within the PCA (polarization conversion assembly) 116 shown in Fig. 3. Id., 6:39-54; 7:23-28; see Section V.A.1; see also Brennesholtz Decl., As depicted in Fig. 3, the PCA includes multiple sets of those optical devices arranged in an array such that each set of PBS, half-wave retarder and reflector performs polarization recovery on the respective light rays forming 22

28 USP 8,220,934 Svardal, U.S. Patent No. 6,547,396 a beam of light impinging on the PCA. Id. a polarization beam splitter (PBS) operable to direct first light bundles having a first state of polarization (SOP) along a first light path, and direct second light bundles having a second SOP along a second light path; a polarization rotator located on the second light path, the polarization rotator being operable to translate the second SOP to the first SOP; and a polarization switch subsystem operable to receive first and second light bundles from the first and second light paths respectively, and to selectively translate both the polarization states of the first and second light bundles to one of a first output SOP and a second output SOP. The claimed polarization beam splitter is met by a polarization (polarizing) beam splitter (PBS) within the Fig. 3 PCA 116 that performs the splitting step of polarization recovery, i.e., splitting an unpolarized beam of light into two polarized beams. Id., 6:39-54; 7:23-28; see Section V.A.1; see also Brennesholtz Decl., The two polarized beams from the PBS have different states of polarization and are directed along first and second light paths. See Section V.A.1; see also Brennesholtz Decl., 22. The claimed polarization rotator is met by a halfwave retarder within the Fig. 3 PCA 116 which performs the rotating step of polarization recovery, i.e., rotating the polarization of one beam to match the polarization of the other. Id., 6:39-54; 7:23-28; see Section V.A.1; see also Brennesholtz Decl., The polarization rotator, within the PCA 116, may be located on the second light path. See Section V.A.1; see also Brennesholtz Decl., 22. The claimed polarization switch subsystem is met by the variable retarder 132 shown in Fig. 3 of Svardal. The variable retarder receives from the PCA 116 the two polarized light beams after the polarization of one of the beams has been rotated to match the polarization of the other. Id., 6:43-7:29. The variable retarder 132 switches between two states: a first state in which incident polarized light passes through without being rotated, and a second state in which incident polarized light is rotated approximately ninety degrees. Id., 7:4-7. The variable retarder 132 selectively (alternately) translates the incident polarized light to p/s/p/spolarized light ( the first and the second output SOP[s] ), which alternating polarization states are output by the projector (although each of the image producing elements 126, 128 also perform translation, i.e., 23

29 USP 8,220,934 Svardal, U.S. Patent No. 6,547,396 rotation, of the polarized light respectively applied to them). Id., 6:43-7:22; see Section V.A.1; see also Brennesholtz Decl., The stereoscopic system of claim 1, further comprising a reflector located on the second light path, operable to direct second light bundles to substantially similar locations on a projection screen as the first light bundles. 3. The stereoscopic system of claim 1, further comprising a lens pair located on the first light path. 4. The stereoscopic system of claim 3, wherein the lens pair is located after the polarization switch subsystem. 5. The stereoscopic system of claim 3, wherein the lens pair is located after the PBS. 6. The stereoscopic system of claim 1, wherein the polarization switch subsystem selects between the first and the The claimed reflector is met by a reflector within the Fig. 3 PCA 116 which performs the recombining step of polarization recovery, i.e., recombining the beams into a single polarized beam. Id., 6:39-54; 7: see Section V.A.1; see also Brennesholtz Decl., The reflector is arranged on the second light path so as to cause the light on the second path to substantially overlap with the first path light on a display surface, e.g., a projection screen. Id. As it is downstream of a PBS within the PCA 116, the projection lens 134 of Fig. 3 is located on the first light path (as well as on the second light path). Id., 6:32-7:35; see Section V.A.1; see also Brennesholtz Decl., 43. As depicted in Fig. 3, the projection lens 134 comprises a pair of lenses. Id. In Fig. 3, the projection lens 134, comprising a pair of lenses, is located after the variable retarder 132 ( polarization switch subsystem ). Id., 6:32-7:35. see Section V.A.1; see also Brennesholtz Decl., 43. In Fig. 3, the projection lens 134, comprising a pair of lenses, is located after the PCA 116 and therefore after the polarizing beam splitter (PBS) in the PCA 116. Id., 6:32-7:35; see Section V.A.1; see also Brennesholtz Decl., 43. In the Fig. 3 projector, the switching rate between the first and second states of the variable retarder 132 ( polarization switch subsystem ) to alternately output the not-rotated/90º-rotated polarizations (which determine the first and the second output SOP[s] ) is 24

30 USP 8,220,934 Svardal, U.S. Patent No. 6,547,396 second output SOP in synchronized with the switching rate between the synchronization with alternating left-eye, right-eye images generated by the transmission of an image left-eye, right-eye image producing elements 126, 128, frame by a projector. which images are transmitted through the projection lens 134 for projection by the projector. Id., 6:50-7:22. See Section V.A.1; see also Brennesholtz Decl., 23. B. Ground II: Claims 1-6 Are Rendered Obvious Under 35 U.S.C. 103(a) Over The Figure 3 Embodiment Of Svardal In View Of Bierhuizen 1. Person Of Ordinary Skill In The Art For The 934 Patent A person of ordinary skill in the art in the field of the 934 patent would be someone with a good working knowledge of optics and display systems in general, and stereoscopic projection systems in particular. The person would have gained this knowledge through an undergraduate or graduate education in physics, optics, or a comparable field, in combination with further training and several years of practical working experience. Brennesholtz Decl., 10. For the reasons given in Section V.A.1 above, one of ordinary skill in the art would have understood that the splitting, rotating and recombining steps of polarization recovery, are respectively performed by a polarizing beam splitter, a halfwave retarder and a reflector within the PCA 116 shown in Fig. 3 of Svardal. To the extent that the Patent Owner may argue that such optical devices within the PCA 116 are not inherently disclosed by Svardal, Petitioner relies upon Bierhuizen, U.S. Patent 6,839,095 to establish that it was known that a PCA (polarization conversion 25

31 assembly) comprises such optical devices and, therefore, claims 1-6 are obvious over the Figure 3 embodiment of Svardal in view of Bierhuizen. 2. The Disclosure Of Bierhuizen U.S. Patent 6,839,095 (Ex. 1005) to Bierhuizen et al. ( Bierhuizen ) issued on January 4, 2005 and is therefore prior art to the 934 patent under 35 U.S.C. 102(b). As did the Svardal patent, the Bierhuizen patent issued to InFocus Corporation, and the two patents have Benny S. Svardal as a common inventor. Svardal, Bierhuizen, facesheets. The Bierhuizen patent was published as an application in November of Bierhuizen, facesheet. Neither the Bierhuizen patent nor published application was cited during prosecution of the 934 patent. 934 patent, facesheet, pg. 2. Bierhuizen discloses several embodiments for a color video projector which employs a reflective liquid crystal on silicon (LCOS) light valve. Figs. 1 and 2 illustrate prior art three-path reflective LCOS optical systems. Id., Figs. 1, 2; 5: Fig. 3 (a portion of which is reproduced below) illustrates an embodiment of the invention that supports alternative polarization conversion assembly embodiments for a single-path reflective LCOS optical system. Id., 5:

32 In Fig. 3, light rays emitted by a light source 14, comprising an arc lamp 28 and a reflector 29, propagate along optical axis 12 through a rotating color wheel 102 and an optical integrator 16. Id., 9:7-33. The frame-sequential color ( FSC ) light rays exiting the integrator 16 are colliminated by a lens 20, reflected by a fold mirror 23 and directed through a lens 24 as randomly polarized FSC light rays 108. Id. To increase the light transmission efficiency of the projector, Bierhuizen discloses placement of a polarization conversion device in the optical path 12 following the first lens 20. Id., 10: This causes a substantial majority of the FSC light rays 108 to be p-polarized. Id. Bierhuizen discloses two alternatives for such a polarization conversion device: a polarization conversion prism assembly and a polarization conversion assembly ( PCA ). Id., 10: Specifically, Fig. 1 (a portion of which reproduced below) illustrates a polarization conversion prism assembly 22, and Fig. 4 (a portion of which is reproduced further below) illustrates a polarization conversion assembly ( PCA ) 126. Id., 10: The PCA 126 of Fig.4 is essentially an array of small polarization conversion prisms 22 of Fig. 1. Id., 4:

33 PCAs [e.g., 126 in Fig. 4 above] employ an immersed polarizing beam splitter that separates the two polarization states, such that the P-polarized light passes directly through the coating interface, while S-polarized light is reflected along an alternate path. The S-polarized light is converted into P-polarized light by a halfwave plate on the output face of the alternate path. Thus, substantially all of the light propagating from a PCA [e.g., 126 in Fig. 4 above] has the same polarization state. Id., 10:38-45 (emphasis added). Moreover, as noted above, a polarization conversation assembly ( PCA ) is essentially an array of small polarization conversion prisms. Id.,4: Referring to 28

34 Fig. 1 above, the polarization conversion prism assembly 22 includes a 45º rhomboid prism 30 and a right angle triangle prism 31. Id., 6: Coating material at the interface of the prisms 30, 31 forms a polarizing beam splitter (see the diagonal line within polarization conversion prism assembly 22 at the juncture between prisms 30 and 31) that allows the p-polarized light to pass through, while the s-polarized light is reflected along an alternate path first in the upward direction by the coating material at the interface of the prisms 30, 31, and then to the left by prism 30 toward a half-wave plate 32. Id., 6:43-47; 10: By the half-wave plate 32 disposed on the output face of the alternate path, the s-polarized light is converted to p-polarized light. Id., 6:32-35; 10: Consequently, as in the case of the PCA, all of the light propagating from the polarization conversion device 22 has the same linear polarization state. Id., 10: In the examples described above, the same linear polarization state is p- polarization. Id., 10: However, skilled workers will recognize that it is possible to construct a polarization conversion device that propagates substantially s-polarized light Id., 10: Thus, whether a Fig. 1 polarization conversion prism assembly 22 or a Fig. 4 polarization conversion assembly ( PCA ) 126 is utilized as the polarization conversion device, an arrangement of a polarizing beam splitter, half-wave plate, and reflector are used to perform the splitting, rotating, and recombining steps, respectively, described in Svardal for the PCA 116 therein. 29

35 This confirms that one of ordinary skill in the art would have known that the PCA 116 in Fig. 3 of Svardal necessarily includes a polarizing beam splitter (PBS), a half-wave retarder and a reflector, with each of those optical devices performing a corresponding step of polarization recovery. Brennesholtz Dec., Moreover, one of ordinary skill in the art would have found it obvious to construct Svardal s Fig. 3 PCA 116 from a polarizing beam splitter, half-wave retarder (plate) and reflector arranged as disclosed for the Bierhuizen Fig. 4 PCA 126 or for the Bierhuizen Fig. 1 polarization conversion prism assembly 22. Id., 24. Accordingly, Svardal in view of Bierhuizen teaches (1) a stereoscopic projection system (see Section V.A.1 above and Svardal, 1:6-9) (2) that uses PCA 116 comprising a polarizing beam splitter to split an unpolarized beam of light into two polarized beams, a half-wave retarder (plate) to rotate the polarization of one beam to match the polarization of the other, and a reflector to recombine the beams into a single polarized beam of one polarization state (see this Section V.B.2 and Bierhuizen, 10:18-44) (3) that is provided to a variable retarder 132 which alternates between a first state and a second state to translate the polarized beam into p/s/p/s-polarized light (see Section V.A.1 above and Svardal, 7:4-22). 3. Claim Charts For Claims 1-6 Of The 934 Patent Based On Obviousness Over The Figure 3 Embodiment Of Svardal In View Of Bierhuizen The following claim charts illustrate how claims 1-6 of the 934 patent are rendered obvious over the Fig. 3 embodiment of Svardal in view of Bierhuizen. 30

36 USP 8,220, A stereoscopic system comprising: a polarization beam splitter (PBS) operable to direct first light bundles having a first state of polarization (SOP) along a first light path, and direct second light bundles having a second SOP along a second light path; a polarization rotator located on the second light path, the polarization rotator being operable to translate the second SOP to the first SOP; and 31 Svardal Combined With Bierhuizen Svardal discloses a system for projecting stereoscopic images. Svardal Abstract, 1:6-9, 1:66-2:1. In describing the projector of Fig. 3, Svardal discloses use of a variable retarder 132 in combination with a PCA 116. Id., 6: Bierhuizen, in Fig. 4, discloses a PCA 126, which is an acronym for polarization convers[ion] assembly. Bierhuizen, 4: A PCA is one alternative for a polarization conversion device; the other alternative is a polarization conversion prism assembly 22 shown in Fig. 1 of Bierhuizen. Id., 10: A PCA is essentially an array of small polarization conversion prisms. Id., 4: The claimed polarization beam splitter is met by a polarization (polarizing) beam splitter (PBS) within the Svardal Fig. 3 PCA 116. Svardal, 6:39-54; 7: As explained by Bierhuizen, a PCA 126 employs an immersed polarizing beam splitter that separates the two polarization states, such that p-polarized light ( a first state of polarization (SOP) ) passes through a coating interface, while s-polarized light ( a second SOP ) is reflected along an alternate path. Id., 10: See also the interface between the 45º rhomboid prism 30 and the right angle triangle prism 31 in the polarization conversion prism assembly 22 shown in Fig. 1 of Bierhuizen. Id., 6: See also Section V.B.2.; Brennesholtz Decl., 24. The claimed polarization rotator is met by a halfwave retarder within the Svardal Fig. 3 PCA 116. Id., 6:39-54; 7: As explained by Bierhuizen, a PCA 126 includes a half-wave plate on the output face of the alternate light path (corresponding to the claimed second light path ) created by the polarizing beam splitter. Id., 10: The half-wave plate converts the alternate path s-polarized light to p-polarized light so that substantially all of the light propagating from the PCA has the same polarization state (p-polarization). Id. See also the half-wave plate 32 in the polarization conversion prism assembly 22 shown in Fig. 1 of Bierhuizen. Id., 6: See also Section V.B.2;