ECE 477Digital Systems Senior Design ProjectSpring 2006
Homework 9: Patent Liability Analysis
Due: Friday, March 31, at NOON
SUBMITTED April 3rd11:43am – Late Penalty 30%
Team Code Name: ______Rubber Ducky______Group No. ___1___
Team Member Completing This Homework: ______Stephon Watson______
E-mail Address of Report Author: stwatson@ purdue.edu
Evaluation:
Component/Criterion / Score / Multiplier / PointsIntroduction and Summary
/ 0 1 2 3 4 5 6 7 8 9 10 / X 1Results of Patent/Product Search / 0 1 2 3 4 5 6 7 8 9 10 / X 4
Analysis of Patent Liability / 0 1 2 3 4 5 6 7 8 9 10 / X 2
Action Recommended / 0 1 2 3 4 5 6 7 8 9 10 / X 1
List of References / 0 1 2 3 4 5 6 7 8 9 10 / X 1
Technical Writing Style / 0 1 2 3 4 5 6 7 8 9 10 / X 1
TOTAL
Comments:
Introduction needs more information regarding the patent liability issues that will be covered in the paper. The summary was a bit brief. List of references could include at least one reference giving the definitions of literal and doctrine of equivalents infringement. List of references also not in IEEE, each patent should have its own entry in the list of references, and the UPSTO search website should also have its own entry. The length of this report consists mainly of copy-and-paste from the abstract and/or claims of the respective patents, often with no indication of the fact that it is a direct quote and never is a citation made in the case of these direct quotations. The material of the patents needs to be paraphrased so that the report can focus on the analysis of the liability and the methods of handling the potential infringement.
1.0Introduction
The Rubber Ducky Hunting game is very similar to the vintage Nintendo game “Duck Hunt.” A player will use a “gun” to shoot ducks that are displayed on the screen. The gun houses an image sensor which captures an image of a small section of the TV screen. The results, either a hit or miss, are transmitted to the console. The console creates and displays all of the graphics, including projecting a background and at least one target. . For the purpose of patent liability, the gun performs a main function of the project, which is detecting, processing, and comparing, an image captured from an external monitor or screen[BPM1]. Specifically, the examination will cover the doctrine of equivalents and literal infringement of the Rubber Ducky Project compared to the patents referenced. Actions to avoid patent infringement and lawsuits will be explored as well.
2.0Results of Patent and Product Search
A search of the United States Patent and Trademark Office website[1] using the term “light gun” turned up a161 results. Many of the searches were about non-digital products such as “lights for guns” or laser sights, even a gun shaped flash light. Still a number of the results returned patents that are similar to the Rubber Ducky Game project. There are also many commercial products that have much in common with the Rubber Ducky project. Most notably is Nintendo’s “Duck Hunt”, from which Rubber Ducky is derived from, and the project also uses a modified version Nintendo’s “Zapper” gun. However, because the Nintendo’s Zapper was released over 20 years ago, there is no possibility of infringement. Below are 3 patents that are similar to the Rubber Ducky project:
United States Patent 6,171,190
Issued: January 9, 2001
Abstract:
The patent addresses a video game with a “light gun” peripheral using a photosensitive component. The gun receives signals from the system and processes it so the photo-sensitive component can approximate the position on the screen the gun is pointed. The images within the field of view of the photo-sensor is processed on both the gun and the console as needed for the determination of results and it’s effect on the game.[2]
Key Claims(condensed for length):
“1. A video game system comprising:
a)a personal computer comprising
i) computer processing means for executing a video game program, said computer processing means generating a plurality of display frames representative of images to be displayed on a video monitor screen;
ii) video adapter means coupled to said computer processing means for processing said display frames and generating analog display signals proportional thereto and synchronization signals correlated to said analog display signals, said analog display signals and said synchronization signals being output to a video port associated therewith;
…
b)a video monitor coupled to said peripheral adapter for processing said analog display signals and said synchronization signals to display images on a screen associated therewith; and
c)a video game peripheral device connected to said peripheral adapter, comprising
i) a photosensitive transducer having a field of view, said photosensitive transducer outputting an electrical signal proportional to light sensed in its field of view,
ii) means for receiving said synchronization signals from said peripheral adapter,
iii) peripheral processing means for processing said electrical signal from said photosensitive device and said synchronization signals and for generating a peripheral position signal indicative of the relative position of the field of view of said photosensitive transducer on said screen; and
means for transmitting said peripheral position signal to an input port on said personal computer for further processing.
2. The video game system of claim 1 wherein said means for transmitting said peripheral position signal transmits in serial data format.
…
17. The video game system of claim 2 wherein said video game peripheral device is shaped like a gun comprising a barrel and wherein said photosensitive device is located near the tip of the barrel” [2].
United States Patent 6,287,198
Issued: September 11, 2001
Abstract:
The patent is for an “optical gun” for use in a computer simulations and video games. When the trigger is pulled, several events may occur, including a screen flash and the position on the screen at which the gun points at. The optical sensor within the gun compares the portion of the screen the gun is pointed at the time of the trigger pull to the screen information provided by the main system. The gun also transmits the position of the simulated round to computer. [3]
Key Claims (condensed for length)[BPM2]:
“1.An optical gun for use by a game player in combination with a computer game system, the computer game system having a host computer and a video screen and the computer game system running a computer software game, said optical gun comprising:
…
an optical sensor, said optical sensor detecting an illumination of a position located on the video screen,…
a universal serial bus, said universal serial bus providing a bi-directional signal and power pathway between said universal serial bus computer and the host computer;
a video sampling cable, said video sampling cable receiving video screen data from the host computer and transmitting the video screen data to the video screen, and said universal serial bus compliant comparing a pixel illumination sequence of the video screen data with said time of occurrence of detection of the illumination as specified in said detection time signal, and determining therefrom the position of the video screen wherefrom said optical sensor detected the illumination, and…
a chassis, and said optical sensor is affixed to said chassis;…”[3]
United States Patent 6,672,962
Issued: January 6, 2004
Abstract:
“The gun-shaped controller comprises a controller 1 in the shape of a gun and a trigger lever 7…By comprising the cross-shaped directional key 9, it is possible to move the character on the screen or the character's visual field with this cross-shaped directional key 9 in addition to the conventional action of shooting targets on the screen. …[BPM3]”[4]
Key Claims(condensed for length):
“1. A gun-shaped controller for use with an electronic game device which controls a game development in response to signals supplied from the controller, said gun-shaped controller comprising:
a gun barrel;
a grip to be held by the player;
a trigger lever provided at a portion of the gun-shaped controller manually operable by an index finger of a hand holding the gun-shaped controller at the grip;
light sensor means provided at a front portion of said gun barrel to detect signals indicative of positions on a display screen;”[4]
3.0Analysis of Patent Liability
The definition of two key terms, literal infringement and doctrine of equivalents, is necessary for the analysis of patent liability.“Literal infringement of a patent claim requires that every limitation recited in any claim in the patent appear in the accused product or process.”[5] The doctrine of equivalents is“if the accused product or process has a component or step which is "insubstantially different" from the missing one or if there is equivalence between the elements in the accused product and the claimed limitations.[5]
The claims above use a light or optical sensor to sense “levels of illumination”. In claim 1(d)(i) of [2] , the patent references a photosensitive transducer, or a photodiode, that outputs a signal proportional to light sensed. Claim 1 of [3] describes an optical gun used with a computer game system. It specifically mentions an optical sensor used for detecting illumination of a position on the video screen.It can be argued that an image sensor just adds features, such as color or shape recognition, to a simple photodiode. Under the doctrine of equivalents, a case can be made both for and against an image sensor performing the “substantially same function” in the “substantially different method.”The Rubber Ducky Project does perform the “substantially same function” as the claims above but in a substantially different way. The image sensor on the Rubber Ducky gun is used to determine the colors captured, as opposed to the more simple “brightness” level of the optical sensors. Furthermore, the image sensor can be configured to compare not only colors, but shapes and specific images as well.
In claim 17 of [2] the claim is that there is a photosensitive device near the tip of the barrel of a gun-shaped device. The main difference here is the fact that an image sensor is used in the Rubber Ducky game, and not just a “photosensitive” device.[BPM4]However, if the assumption is that an image sensor is a photosensitive device, then the infringement is literal, and not under the doctrine of equivalents. Likewise, the Rubber Ducky gun literally infringes on claim 1 of [4] since it describes the gun and how it operates. The user in the Rubber Ducky game must hold a gun shaped device and pull the trigger with a finger.
Claim 2 of [2] also specifies communication and power transfer from the host computer and to the gun via Universal Serial Bus(USB). Under the doctrine of equivalents, The Rubber Ducky Gun probably infringes on this claim because it communicates with the console via a RS232 interface, which is only slightly different from USB in “how” it performs the function of communication. The RS232 interface sends data from the gun to the console, and vice versa. Also, similar to the USB connection, the RS232 interface will provide power to the gun from the console.
In all claims of using a gun-shaped device, the Rubber Ducky game is no different other than the actual physical shape. In fact, the gun used in the Rubber Ducky game is a modified version of the Nintendo Zapper that Nintendo first released in 1985.
4.0Action Recommended
It is arguable that color is just distinguishing different wavelengths of light, and therefore the same as a “level of illumination”. The Rubber Ducky project uses the image sensor to determine colors and shapes of the portion of the screen captured to determine hit or miss. The use of shape identification should make a substantial difference from the use of optical sensors.
The communications between the console and the gun has the potential for infringement. One way to avoid infringement is to allow the gun and console to communicate wireless. Either using radio frequency or IEEE 802.11 standards would significantly change the method of communication. There are two implications of change from wired communications to a wireless communications. First, there would need to be a radical redesign of the both the gun and the console to take advantage of wireless communications. Next, a change to a wireless communication mode could infringe upon other patents. Both consequences would need to be weighed and other options should be explored.
To avoid infringement on the basis of the gun used, designing and manufacturing an original gun design would suffice. Since claim 1 of [4] is very specific, simply defining the use of the gun using the middle finger, or the thumb could avoid infringement.Licensing a gun design is also an option, although licensing fees can be very expensive.
5.0Summary
In summary, there are quite a few patents that have been issued that are very similar to the Rubber Ducky Project. The main difference is that the Rubber Ducky project uses an image sensor to capture images from the TV and not just measuring brightness via an optical sensor. The potential of infringement exists in the communications between the console and gun, and the gun design. Some actions to be taken can be licensing out the gun design and in changing to wireless communication between the gun and console
List of References
[1]United States Patent and Trademark Office Search website (2006) Avaiable:
[2]Thanasack, B, et al., “Photosensitive input peripheral device in a personal computer-based video gaming platform,” U.S. Patent no. 6171190, Jan. 2001 USPTO Ed., USA: ACT Labs, Ltd. [available online]
[3]Ozaki, J, et al., “Gun-shaped controller and game device,” U.S Patent no. 6672962, Jan. 2004 USPTO Ed., USA: Kabushiki Kaisha Sega Enterprises, 2004 [available online]
[4]McCauley, J. , “Optical gun for use with computer games,” U.S. Patent no. 6287198, Sept. 2001, USPTO Ed., USA: [available online]
[5]A Jurist's Guide to21st Century Biotechnology (2006) available:
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[BPM1]You need to give more of an overview of what the paper will include w.r.t. patent liability.
[BPM2]Should have applied to all :)
[BPM3]This is a direct quote, and it is neither indicated as a quote, nor is it cited.
[BPM4]However, this could also be argued to just be “adding features”. An image sensor is photosensitive…