Obviousness

Obviousness Analysis under 35 U.S.C. § 103

A patent claim is considered obvious under 35 U.S.C. § 103 if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which the claimed subject matter pertains. This analysis involves determining the scope and content of the prior art, ascertaining the differences between the claimed invention and the prior art, and resolving the level of ordinary skill in the pertinent art. The Supreme Court in KSR International Co. v. Teleflex Inc. emphasized that a combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.

The filing date of US8471812 is September 23, 2005. Therefore, the prior art available before this date is relevant for the obviousness analysis.

Person Having Ordinary Skill in the Art (POSITA)

A person having ordinary skill in the art (POSITA) in this field would likely possess a bachelor's degree in computer science, electrical engineering, or a related field, along with several years of experience in developing user interfaces, pointing devices, or digital image processing systems. They would be familiar with various input technologies, wireless communication protocols, and image recognition techniques.

Prior Art References

The patent US8471812 itself lists several prior art references in its "Description of Related Art" section. These include:

• Standard computer mice: These devices detect relative motion and control an on-screen pointer, but are limited to the screen and typically two dimensions.
• Laser pointers (general use): These are used for presentation control, games (laser tag), and military applications, often for aiming.
• OMEGASCOPE® handheld infrared thermometer OS530 E series: This device uses a laser (dot or circle of dots) for aiming an infrared thermometer and has an optional digital camera recorder and distance measuring option. The camera is not used for real-time data processing.
• LaserMouse from Penta Performance: This combines a wireless mouse with a laser pointer for slide presentations. However, the mouse pointer is moved by a navigation disk, and the mouse and laser functions operate independently.
• Nintendo "Revolution" (Wii Remote): This is a distance pointing device that tracks roll, distance from the screen, and angle, but does not use a camera or directly mark the screen with a laser. It uses accelerometers and gyroscopes to track orientation and motion for gesture-based pointing.
• NeoMedia's PaperClick® for Camera Cell Phones™: This product reads and decodes barcodes (e.g., UPC/EAN, ISBNs) using a camera cell phone to link users to the Internet for information and e-commerce.
• NeoMedia's PaperClick® Mobile Go-Window™: Provides a horizontal bar on a wireless device screen for users to enter numeric strings from barcodes to link to online information.
• U.S. Pat. No. 6,430,554 B1, U.S. Pat. No. 6,651,053 B1, U.S. Pat. No. 6,675,165 B1, U.S. Pat. No. 6,766,363 B1: These patents relate to using uniquely-coded objects or images in external media with mobile device cameras to generate online searches or deliver location-based content.

Obviousness Combinations

Here, we consider combinations of the identified prior art that could render the independent claims of US8471812 obvious to a POSITA.

Combination 1: Computer Mouse + General Laser Pointer + Digital Camera + Wireless Communication + Barcode Reading from Camera Phone

• Starting Point: The well-known computer mouse provides relative motion control for an on-screen cursor.
• Motivation to Add Laser Pointer: A POSITA would be motivated to integrate a laser pointer for direct aiming and visual feedback, especially for large displays or presentations, as shown by devices like the LaserMouse from Penta Performance and the general use of laser pointers for aiming. The OMEGASCOPE® also uses a laser for aiming.
• Motivation to Add Digital Camera & Wireless Communication: The proliferation of digital cameras, especially in mobile phones (e.g., Nokia 3650 model mentioned with PaperClick®), and the commonality of wireless communication (Bluetooth, WiFi) would motivate a POSITA to include these for capturing images and transmitting data.
• Motivation to Combine with Barcode Reading (Image Analysis): NeoMedia's PaperClick® for Camera Cell Phones™ demonstrates the ability to use a cell phone camera to capture images of barcodes and process them to link to online information. This clearly teaches using a camera to capture an image of an object (a barcode) and processing that image to identify the object and retrieve associated information.
• Obviousness Argument for Claim 1 and 12:
  • Claim 1: The combination would result in a device with a digital camera, a laser pointer for aiming, and a communication component. The core functionality of capturing an image, identifying a target (like a barcode on an object), and determining a location (the laser spot relative to the identified barcode) and communicating this to an external system would be obvious. The "recognition" of a frame or real-world object via image processing is analogous to barcode recognition. A POSITA would understand that by capturing an image with the camera, the location of the laser dot within that image could be determined, providing precise pointing information.
  • Claim 12: The method of pointing a laser at an object, capturing an image with a camera, analyzing the image to determine context (e.g., barcode vs. other object), and identifying the object based on the image analysis and laser spot location would be obvious. The step of determining a "frame ID" for a TV screen is analogous to decoding a barcode to get an ID. The concept of using location data to identify real-world objects is also well-established in other technologies (e.g., GPS, as broadly mentioned in the patent as prior art-like systems for RFWs).

Combination 2: OMEGASCOPE® with Digital Camera + Computer Mouse Functionality + Wireless Communication

• Starting Point: The OMEGASCOPE® OS530 E series already includes a laser for aiming and an optional digital camera recorder. It also has an analog output and RS-232 output models, indicating a capability for data acquisition and interfacing with computers.
• Motivation to Integrate Camera for Real-Time Processing: While the OMEGASCOPE®'s camera is described as "just a recorder," a POSITA would be motivated to integrate real-time image processing with the camera, given the advancements in digital imaging and mobile computing (e.g., camera phones). The patent itself states the OMEGASCOPE® camera "is not used to process the data in real time." This explicitly identifies a deficiency that a POSITA would seek to address by integrating existing real-time image processing techniques.
• Motivation to Add Computer Mouse Functionality: The desire to use a direct pointing device for computer interaction, especially for large displays, would motivate a POSITA to adapt the laser-aiming and image-capture capabilities of a device like the OMEGASCOPE® to function as a computer mouse. The LaserMouse from Penta Performance, though using a navigation disk, shows the desire to combine laser pointing with mouse functionality.
• Motivation for Wireless Communication: The general trend in electronics towards wireless connectivity (Bluetooth, WiFi) would make it obvious to integrate a wireless communication component into such a device.
• Obviousness Argument for Claim 1: This combination would directly lead to a device with a digital camera, a laser pointer, and a wireless communication component. The OMEGASCOPE® provides the laser aiming and camera. Integrating real-time image processing (common in the art, as shown by camera phones reading barcodes) would enable the system to "recognize a Frame captured by the PID" and "determine the location pointed to on that Frame" using the laser dot, fulfilling the requirements of Claim 1. The communication of this information to an external computer for processing would be a natural extension given the OMEGASCOPE's existing data output capabilities.

Combination 3: Nintendo "Revolution" (Wii Remote) + Digital Camera + Laser Pointer

• Starting Point: The Nintendo "Revolution" (Wii Remote) provides distance pointing, tracks orientation, and communicates with a game console for on-screen interaction. It functions like an "air mouse" to control a cursor.
• Motivation to Add Digital Camera: The ability of camera phones (like those used with PaperClick®) to capture and process images for identification would motivate a POSITA to integrate a digital camera into a pointing device like the Wii Remote.
• Motivation to Add Laser Pointer: While the Wii Remote tracks pointing without a laser, the OMEGASCOPE® and general laser pointers demonstrate the utility of a visible laser for precise aiming and user feedback. A POSITA would be motivated to add a laser for direct visual indication of the target, improving accuracy and user experience, especially in non-gaming contexts where a physical mark is beneficial.
• Obviousness Argument for Claim 1 and 13:
  • Claim 1: A device combining the Wii Remote's spatial tracking and communication with a digital camera and a laser pointer would fulfill the elements. The camera would capture the image, the laser would indicate the point, and the combined system would identify the target and the pointed-to location, transmitting this information. The Wii Remote already communicates location and orientation information to a computer (game console).
  • Claim 13: The method of designating an item by pointing a laser (added to the Wii Remote functionality), capturing an image with a camera (added), providing feedback (which the Wii already does with on-screen cursor), and allowing user response to act upon the selection would be obvious. The Wii's existing interactive capabilities would naturally extend to more complex item selection and action.

General Motivations for Combination

Several general motivations would drive a POSITA to combine these prior art elements:

• Improving User Interface and Interaction: The desire for more intuitive and direct interaction with digital content and real-world objects is a continuous driver in human-computer interaction. Combining direct pointing (laser), visual confirmation (camera/reticle), and advanced processing offers a more natural and powerful interface than existing methods.
• Leveraging Existing Technologies: Digital cameras, wireless communication, and image processing software were all well-known and evolving technologies prior to the filing date. A POSITA would naturally consider integrating these mature components to enhance existing pointing device functionalities.
• Addressing Known Limitations: The explicit identification in the patent of shortcomings of prior art (e.g., mice being limited to screens, OMEGASCOPE® camera not processing in real-time) would provide strong motivation for a POSITA to combine features from other devices to overcome these limitations.
• Expanding Application Domains: Combining pointing and identification capabilities extends the utility of such devices beyond traditional computer input to real-world object interaction, TV screens, and other displays, fulfilling a broader market need.
• Predictable Results: The integration of a camera to capture the context of a laser dot, combined with image processing for identification and location, would yield predictable results in terms of enabling object identification and precise pointing, given the existing state of image recognition and processing technologies.

In conclusion, a POSITA, aware of the prior art, would have been motivated to combine the elements described above to achieve predictable improvements in pointing, identification, and user interaction across various environments, thereby rendering the independent claims of US8471812 obvious under 35 U.S.C. § 103.