throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`APPLE INC., EVENTBRITE INC., STARWOOD HOTELS & RESORTS
`WORLDWIDE, INC., EXPEDIA, INC., FANDANGO, LLC,
`HOTELS.COM, L.P., HOTEL TONIGHT, INC., HOTWIRE, INC.,
`KAYAK SOFTWARE CORP., OPENTABLE, INC., ORBITZ, LLC, PAPA
`JOHN’S USA, INC., STUBHUB, INC., TICKETMASTER, LLC, LIVE
`NATION ENTERTAINMENT, INC., TRAVELOCITY.COM LP,
`WANDERSPOT LLC, AGILYSYS, INC., DOMINO’S PIZZA, INC.,
`DOMINO’S PIZZA, LLC, HILTON RESORTS CORPORATION,
`HILTON WORLDWIDE, INC., HILTON INTERNATIONAL CO., MOBO
`SYSTEMS, INC., PIZZA HUT OF AMERICA, INC., PIZZA HUT, INC.,
`and USABLENET, INC.,
`Petitioner,
`
`v.
`
`AMERANTH, INC.,
`
`Patent Owner.
`
`
`
`Case CBM CBM2015-000801
`Patent 6,384,850
`
`
`
`PETITIONER’S REPLY BRIEF
`
`
`
`
`1 CBM2015-00096 has been consolidated with this proceeding.
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`WEST\268720567.1
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`I.
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`
`INTRODUCTION
`
`Patent Owner Ameranth’s (“PO”) arguments in its Corrected Patent Owner
`
`Response (“POR”) all fail. DeLorme’s system synchronizes applications and data
`
`by sharing data between applications; its WCU is a handheld device that inherently
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`stores hospitality applications and data; its Interface & Interaction Bus includes
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`software and is a communications control module that routes communications to a
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`WCU and an internet-only desktop PC embodiment in the same system; and its
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`hospitality applications are integrated via an API with outside applications. PO’s
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`evidence of secondary considerations is defective for lack of nexus and other
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`reasons, and fails to overcome the showing of obviousness over DeLorme.
`
`II. ARGUMENT
`A.
`PO Has Waived Any Standing Argument
`Contrary to the assertion in the POR at 1 n.2, the Petition does not “merely”
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`reference CBM2014-00016, but rather includes a detailed showing of standing
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`spanning more than three pages. Pet. at 5-8. In contrast, PO’s attempt to
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`incorporate its argument from its Preliminary Response violates Board rules (37
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`C.F.R. § 42.6(a)(3)) and thus constitutes a waiver (Paper No. 14 at 3).
`
`B. DeLorme Discloses “wherein the applications and data are
`synchronized between” the four claimed entities
`
`PO’s primary argument is that the Petition fails to show that DeLorme
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`discloses “wherein the applications and data are synchronized between the central
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`database, at least one wireless handheld computing device, at least one web server
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`and at least one web page”2 (the “Synchronization Clause”) as recited in claim 12.
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`POR at 13. The Petition established that Synchronization Clause should be
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`construed to mean that “the same data is present on each of the central database, at
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`least one wireless handheld computing device, at least one web server and at least
`
`one web page at the same time.” Pet. at 23. This construction was supported by the
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`declaration of Dr. Turnbull, who explained that a POSITA would understand
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`synchronization of data and applications among the four claimed entities as
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`requiring the sharing of data between those four entities. Ex. 1002 ¶¶ 81-83.
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`Consistent with this construction, the Petition establishes that DeLorme discloses
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`such sharing of data between the four claimed entities. Pet. at 56-57.
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`In its POR, PO does not dispute Petitioner’s showing that DeLorme
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`discloses synchronizing data among the four entities recited in the Synchronization
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`Clause. PO has thus waived any such argument.3 Rather, PO appears to argue that
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`applications cannot be synchronized by synchronizing the data used by those
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`applications. See, e.g., POR at 14 n.9 (“one of the fundamental aspects of the
`
`claims, i.e., that both the ‘applications’ and the ‘data’ are synchronized, not merely
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`2 Unless otherwise indicated, all emphases herein were added by Petitioner.
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`3 Paper No. 14 (Scheduling Order) at 3 (“The patent owner is cautioned that any
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`arguments for patentability not raised in the response will be deemed waived.”).
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`the ‘data’”; emphasis in original). PO is clearly wrong. Claim 16 establishes that
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`one way in which applications can be synchronized is by sharing data among
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`them. Claim 16, which depends from claim 12, recites:
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`16. The information management and synchronous communications
`system of claim 12 wherein the applications and data are
`synchronized by digital data transmission between the central
`database, at least one wireless handheld computing device, at least one
`Web Server and at least one Web page.
`
`Ex. 1001 at 16:42-47. Because claim 16 is a species of the Synchronization Clause
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`genus of claim 12, nothing more than digital data transmission is required to
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`synchronize applications.
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`Synchronizing applications and data through the transmission of only data as
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`recited in claim 16 is consistent with the teachings of the ’850 patent. The ’850
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`patent lacks any disclosure of synchronizing applications in any other manner.
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`Instead, the ’850 patent teaches that sharing data among applications stored on the
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`four claimed entities is the way in which the applications are synchronized:
`
`The synchronous communications control module ... provides a
`single point of entry for all hospitality applications to communicate
`with one another wirelessly or over the Web ... The single point of
`entry works to keep all wireless handheld devices and linked Web
`sites in synch with the backoffice server (central database) so that
`the different components are in equilibrium at any given time and an
`overall consistency is achieved. For example, a reservation made
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`online is automatically communicated to the backoffice server which
`then synchronizes with all the wireless handheld devices wirelessly.
`Similarly, changes made on any of the wireless handheld devices will
`be reflected instantaneously on the backoffice server and the other
`handheld devices. Ex. 1001 at 11:24-42.
`
`Nothing in this passage discusses the transmission of anything other than data to
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`keep the applications in the central database in sync with those on the wireless
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`handheld devices and web pages. Ex. 1070 ¶¶ 5-11; see also ¶¶ 12-17.
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`
`
`While PO repeatedly criticizes the Petition and Dr. Turnbull for allegedly
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`“reading out” the requirement to synchronize applications, it is telling that the POR
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`does not articulate exactly what is required to synchronize an application. The
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`closest the POR comes is providing an “example” of application synchronization:
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`Data is communicated from both sides (client and server), but
`software/ applications are not synchronized between the server and
`WCU client. Thus, for example, the updating of a restaurant menu to
`achieve “consistency” between the wireless handheld device of claim
`element “b” and the central database so that the updated menu is
`synchronized with the central database and then “stored” as part of
`the hospitality application on the handheld to facilitate future
`ordering, was not taught by DeLorme, nor possible with the DeLorme
`WCU. There is no mention in DeLorme of synchronizing application
`software between server side and client side.
`
`POR at 18. PO appears to contend that sending menu data from the central
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`database and storing it on the wireless device as part of the hospitality application
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`is how an application can be synchronized. But PO admits that this method is just
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`an example, and this example does not preclude other ways of synchronizing
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`applications. In this regard, the Board previously held the claims are not limited to
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`a wireless device with a locally stored database, but also encompass wireless
`
`devices without a locally stored database. Ex. 1068 at 18-19. Moreover, the patent
`
`does not disclose storing menu data or a menu database as part of an application
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`program (POR at 18), or any way of synchronizing applications other than through
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`transmission of data. Thus, nothing in the specification precludes synchronizing
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`both data and applications by transmitting only data as recited in claim 16.
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`Furthermore, Ameranth’s expert Dr. Weaver admitted that applications can
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`be synchronized by sending updated data to a wireless device. Ex. 1076 at 149:12-
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`16. Dr. Weaver further conceded that DeLorme discloses exactly that. Id. at
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`150:10-21. While Dr. Weaver later testified that applications could only be
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`synchronized by checking whether the software on each of the claimed entities was
`
`the same version, and if not, transmitting updated software code (id. at 153:3-19),
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`Dr. Weaver conceded that the patent does not describe checking software versions
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`or the transmission of updated software code. Id. at 154:9-155:4.
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`PO’s argument regarding the Synchronization Clause fails for a second
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`reason. This limitation simply requires that “applications and data are
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`synchronized.” It does not require any application on any of the four claimed
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`entities to be “updated,” or to be configured to perform updates or any other type
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`of synchronization. Under the BRI, all that is required by the claim is that the
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`applications on the four entities be synchronized. Thus, DeLorme’s disclosure of
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`the TRIPS system wherein updated data is available to each of the four recited
`
`entities is a disclosure of a system in which the applications on those entities are
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`synchronized to the full extent required by claim 12.
`
`C. DeLorme’s WCU Is a Handheld Device
`PO argues that DeLorme’s WCU is not a “wireless handheld device”
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`because DeLorme’s WCU needs to be held with both hands. POR at 27-28 and n.9.
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`This argument relies on PO’s unsupported construction of handheld that is limited
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`to holding with a single hand. However, the plain meaning of handheld is not so
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`limited. Ex. 1069 (“handheld: compact enough to be used or operated while being
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`held in the hand or hands”). Even under PO’s construction, DeLorme’s WCU
`
`qualifies as handheld. DeLorme explicitly discloses that WCU devices 907 “are
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`typically handheld.” Ex. 1024 at 71:67-72:2 (cited in Pet. at 53). DeLorme further
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`discloses that the WCU functions can be performed, among other things, by a PDA
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`or a “smart” phone (Id. at 75:38-45), both of which are devices that can be held
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`with a single hand. Ex. 1070, ¶¶ 20-21; Ex. 1076 at 53:12-25. Finally, Fig. 9
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`depicts a user holding WCU 907 with only one hand and using his other hand only
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`to operate the device. Ex. 1024 at Fig. 9.
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`D. DeLorme’s WCU Has Stored Hospitality Applications and Data
`PO argues that “DeLorme clearly provides no disclosure of a locally-stored
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`software application and associated data for the claimed wireless device.” POR at
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`29. In making this argument, the POR contradicts its own earlier assertion:
`
`DeLorme discloses that the WCU is “programmed” to transmit data to
`the server side and to receive data back from the server side. (Exh.
`1024 75:59 et seq.). “Programmed” means that software is stored on
`the WCU.
`
`POR at 18. Petitioner agrees that the WCU is programmed to transmit data to, and
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`receive data from, the server side. See also Ex. 1076 at 162:4-12. This establishes
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`that data is stored on the WCU. If data is sent from the WCU, that data is
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`inherently stored on the WCU prior to its transmission, and if data is received by
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`the WCU, that data is inherently stored on the WCU for some period of time
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`afterward. Ex. 1070, ¶ 25. Similarly, DeLorme discloses electronic transfer of a
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`“digital display” to a PDA (Ex. 1024 at 18:25-32) and storage of a reservation or
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`discount coupon confirmation code on the WCU (Id. at 77:63-78:1). This is all that
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`is required by the claims. To the extent that PO contends that some database must
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`be permanently stored on the handheld device in order to satisfy this limitation,
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`claim 12 is not so narrow. The Board has previously held that a wire-less device
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`with a locally stored database is but one species of a genus that also includes
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`wireless devices without a locally stored database. Ex. 1068 at 18-19.
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`Petitioner also agrees with PO that DeLorme’s disclosure that the WCU is
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`“programmed” to exchange data with the server means that software is stored on
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`the WCU. POR at 18 (citing Ex. 1024 at 75:59 et seq.); Ex. 1076 at 160:12-25. In
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`addition to exchanging data with the server, this software performs other tasks,
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`including voice recognition of user inputs (Ex. 1024 at 76:46-59), conversion of
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`output to audio form (id.) and processing data from a GPS receiver (id. at 75:46-
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`59). This WCU software is an application. Ex. 1070 ¶¶ 26-27. The WCU appli-
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`cation is a hospitality application because the data exchanged with the server and
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`presented to the user is hospitality data, and because this hospitality data is ex-
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`changed using a format specific to DeLorme’s TRIPS hospitality system (Ex. 1024
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`at 73:30-41). The exchanged data relates to travel, e.g., selections of “hotel, rest-
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`aurant or menu,” travel position information, reservations, etc. Ex. 1024 at 76:29-
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`67; 74:2-29; Ex. 1076 at 161:24-162:3 (admitting that the WCU includes software
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`enabling users to make reservations). This data is thus hospitality data under the
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`proper BRI construction. See, e.g., Ex. 1071 at 1; Ex. 1072 at 1; Ex. 1073 at 1; Ex.
`
`1070 ¶¶ 28-32. Thus, both hospitality applications and data are stored on the WCU.
`
`Although DeLorme’s WCU in its non-Web form satisfies the “wireless
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`handheld device” limitations of claim 12, PO also asserts that the Board sua sponte
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`combined the “internet only” embodiment of DeLorme with the WCU to arrive at
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`an internet version of the WCU onto which java applets were installed in order to
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`satisfy the requirement for a wireless handheld device on which an application is
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`stored. POR at 33-34 (citing ID, Paper No. 13, at 22). As shown in the Petition,
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`such a combination would have been obvious to a POSITA, who would have been
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`motivated to make the combination and substitute an off-the-shelf wireless hand-
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`held device for the WCU in order to save money by using existing hardware and
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`internet communications protocols, which were supported by TRIPS. Pet. at 24-26;
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`Ex. 1002 ¶¶ 93-99. PO fails to establish any error for the following reasons.
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`First, PO overreaches by characterizing DeLorme’s disclosure of the use of
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`TRIPS data packets for WCU communications as “express restrictions and
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`requirements” (POR at 36), asserting that “DeLorme’s WCU is antithetical to the
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`use of web pages/web browser thereon” (Id. at 36-37), and arguing that DeLorme
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`“teaches away” from an internet-enabled WCU (POR at 30-31). DeLorme’s
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`descriptions of the WCU and the use of TRIPS data packets are not accompanied
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`by any indication that his system was restricted to WCUs that used TRIPS data
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`packets, or that other implementations (e.g. internet implementations) were
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`undesirable, impossible, inoperative, or otherwise discouraged. Thus, PO’s argu-
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`ment that DeLorme’s disclosure precludes other implementations of the WCU is
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`legally incorrect and must be rejected. MPEP § 2141.02(VI); In re Fulton, 391
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`F.3d 1195, 1201 (Fed. Cir. 2004) (“the prior art’s mere disclosure of more than one
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`alternative does not constitute a teaching away from any of these alternatives
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`because such disclosure does not criticize, discredit, or otherwise discourage the
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`solution claimed”); IPR2012-00001, Paper No. 59, at 35; see generally Ex. 1075.
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`PO’s argument that the use of Java applets on a WCU is “directly contrary”
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`to claim 12’s requirements for an application to be stored on the wireless device
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`and for that application to be synchronized (POR at 37-38) is also flawed. Once a
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`Java applet is downloaded to the WCU, “smart cell phone” or other wireless
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`device, it is stored on the device. There is no requirement that the application must
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`be stored on non-volatile or permanent storage. Notably, downloading a Java
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`applet to the wireless device constitutes synchronizing of the application on the
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`wireless device even under PO’s improperly narrow “synchronized” construction.
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`In any event, the ability of the Java applet to synchronize data with the rest of the
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`TRIPS system is sufficient under the correct construction. Ex. 1070 ¶¶ 34-36.
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`Second, PO fails to establish any procedural error in the Board’s Decision.
`
`In In re Cuozzo Speed Techs., LLC, 293 F.3d 1268 (Fed. Cir. 2015)(cert. granted
`
`Jan. 15, 2016)), the Federal Circuit addressed a patent owner’s argument that the
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`PTAB’s final written decision relied on grounds not identified in the petition and
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`found that the “fact that the petition was defective is irrelevant because a proper
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`petition could have been drafted.” Cuozzo at 1274. All of PO’s cited cases (POR at
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`22-23) are inapposite because they involve Board decisions relying on common
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`sense or its own knowledge rather than prior art disclosures, whereas here De-
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`Lorme discloses internet embodiments and Java applets. No error has been shown.
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`E.
`
`Transmission of an Application to the Wireless Handheld Device
`Is Not Required by Claim 12
`
`PO also argues that DeLorme fails to disclose element b) of claim 12
`
`because DeLorme does not disclose transmitting any applet or software code to the
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`WCU. POR at 34. This argument rests on an erroneous claim construction and
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`therefore must be rejected. Element b) simply requires “at least one wireless
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`handheld computing device on which hospitality applications and data are stored.”
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`“Store” means “to retain information in a device from which the information can
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`later be withdrawn.” Ex. 1074 at 739. Thus, the mere presence of a hospitality
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`application accessible on the wireless handheld device is all that is required under a
`
`correct construction. In contrast, PO’s implied construction requiring writing the
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`application program to the wireless handheld device is wrong because claim 12 is a
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`device claim, not a method claim or a product-by-process claim, and the language
`
`of element b, including the use of the passive voice and the absence of any
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`“configured to” or similar language, indicates that “stored” means “retained.”
`
`Moreover, even if PO’s construction were correct (it is not), claim 12 includes no
`
`requirement that such a storage operation must occur more than once. Thus,
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`DeLorme’s disclosure of an application on the WCU, which also inherently
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`discloses at least one storage operation performed on the WCU (Ex. 1070 ¶¶ 39-
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`40), is sufficient to disclose element b) under PO’s incorrect construction.
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`F. DeLorme Discloses Use of the WCU with Desktop Internet
`Embodiments
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`PO also argues that DeLorme precludes the combination of its desktop
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`online via a World Wide Web site embodiment with the non-Web WCU. POR at
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`39-40. PO is, yet again, wrong. The “entirely online” embodiment of DeLorme is
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`described as an alternative to the version of TRIPS that comes partially on a CD-
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`ROM. Both embodiments run on a desktop PC. Ex. 1024 at 14:1-52. Both
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`embodiments involve Web-based communications, including map data updates,
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`special discount offers, and other travel information. Id. at 14:19-42.
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`DeLorme further makes clear that the non-web WCU can be used in such
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`desktop systems that include web communications. The WCU is discussed in
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`connection with Fig. 9. DeLorme discloses that “Fig. 9 illustrates an important
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`alternative or additional embodiment of TRIPS – that permits mobile users 901, at
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`remote locations ... two-way access by wireless communications 903 to engage the
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`novel travel reservation information planning system of one or more TRIPS 904
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`communications facilities or service bureaus.” Ex. 1024 at 71:61-66. This
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`description indicates that the WCU can be used as an addition to the desktop
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`systems discussed above. This indication is confirmed by DeLorme’s disclosure
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`that the WCU embodiments “can function either with or without (elation [sic,
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`relation] to desktop TRIPS user setups as described heretofore with reference to
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`Fig. 1A” Id. at 72:20-23. DeLorme thus discloses that non-Web WCUs can be used
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`in the same system as desktop PCs, and both PC embodiments (“internet only” and
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`CD-ROM) involve web-based communications.
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`DeLorme’s discussion of Fig. 4 also establishes that the WCU can be used
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`with web-based desktop embodiments. DeLorme states that the flow chart of Fig. 4
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`includes features that are preferable for the internet-only desktop embodiment. Ex.
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`1024 at 36:31-36. Later in the discussion of Fig. 4, DeLorme discloses:
`
`Moreover, the Main Menu 413 and Interaction Bus 414 in FIG. 4
`correspond to, and coordinate the response to, alternative input means
`embedded in specialized TRIPS field or in-vehicle embodiments that
`typically include the wireless communication of GPS position sensor
`data along with simplified, "push-button" travel information inquiries
`sent by users actually en route or at remote locations. Such automated,
`standardized operational TRIPS sequences are further described
`hereinafter--particularly referring to FIG. 9.
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`Id. at 37:58-67. The “specialized TRIPS field or in-vehicle embodiments”
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`referenced in this passage are clearly the WCUs of Fig. 9. See id. at 71:67-72:2
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`(describing WCU mounted in a vehicle), 73:13 (WCU used in the field), 73:26-30
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`(WCU configured for push button inquiries). Thus, the discussion of the WCU and
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`the internet-only desktop embodiment in connection with Fig. 4 further indicates
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`that both can be used in the same system. Indeed, Ameranth’s expert Dr. Weaver
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`admitted that the “same” TRIPS server can be accessed by users using web
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`browsers or WCUs. Ex. 1076 at 169:3-15.
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`G. DeLorme Discloses an “Application Program Interface”
` that “Enables Integration of Outside Applications”
`
`PO makes two arguments as to why DeLorme does not disclose an
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`application program interface. Neither argument has merit. PO first makes the
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`incomprehensible argument that the claimed API must integrate outside
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`applications with hospitality applications “from within the applications
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`themselves.” POR at 40 (emphasis in original). PO provides no support for this
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`“within” requirement, and provides no explanation as to what it means to integrate
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`an outside application with a hospitality application from within the applications.
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`While PO cites ¶85 of its expert’s declaration, that paragraph simply parrots the
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`statements in the POR. Id. The ’850 patent specification is also of no help – the
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`only mention of the claimed API are three identical references to “a well-defined
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`application program interface ("API") that enables third parties... to fully integrate
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`with computerized hospitality applications.” Ex. 1001 at 2:11-15; 3:64-67;11:16-
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`18. PO’s failure to support or explain this argument renders Petitioner unable to
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`respond meaningfully and is sufficient reason to disregard it.
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`PO’s second argument is that TRIPS applications are not hospitality
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`applications. This argument is also wrong because TRIPS applications are
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`hospitality applications. See infra at §2.D; Exs. 1071, 1072. That the TRIPS
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`hospitality applications are integrated with third-party outside applications that
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`themselves are hospitality applications is of no moment as the Board has held that
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`“outside applications” does not preclude hospitality applications. Paper 13 at 10.
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`Additionally, the TRIPS system necessarily has an API because DeLorme
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`discloses that TRIPS is able to communicate and exchange data with outside
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`applications. Ex. 1024 at 16:5-9; 77:60-78:21; Ex. 1070 ¶¶ 52-54. As Ameranth’s
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`expert Dr. Weaver admitted, “all software operates through an API when it is
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`going to communicate over a network ...” Ex. 1076 at 80:13-20; see also 223:11-13
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`(accord); 170:2-172:16 (admitting that TRIPS communicates with outside
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`applications over a network using predefined communication protocols,
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`communication formats and inputs and outputs); 225:11-24 (accord).
`
`H. DeLorme Discloses a Communications Control Module (“CCM”)
`PO makes four arguments as to why DeLorme does not disclose a CCM,
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`each of which fails. First, PO argues that DeLorme’s Interface & Interaction Bus
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`209 “is not a server-side software layer.” POR at 43. However, as the Board
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`recognized, DeLorme discloses that the Interface & Interaction Bus 209 “generally
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`represents TRIPS processes for user-controlled sequencing, variable integration
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`and selective accumulation of geographic, temporal, topical and accounting travel
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`information in response to TRIPS user input travel inquiries.” Paper No. 13 at 25
`
`(quoting Ex. 1024 at 31:15-19); see also Ex. 1024 at 31:24-25 (“the Interface &
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`Interaction Bus 209 also manages integrated and/or automated operations.”). Thus,
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`the Interface & Interaction Bus 209 is not merely hardware but rather includes
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`software. Paper 13 at 25. While there is no “server side” claim requirement, the
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`Interface & Interaction Bus 209 is clearly “server side.” Ex. 1024 at Fig. 2; 34:26-
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`56 (describing user logging on to TRIPS Internet site and having interactions
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`processed by Fig. 2 subsystems); Ex. 1076 at 174:13-15; Ex. 1070 ¶¶ 56-59.
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`Second, PO argues that DeLorme’s Interface & Interaction Bus 209 “does
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`not provide an interface between hospitality applications and communication
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`protocols.” POR at 43. However, as established in the Petition at 56, DeLorme
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`discloses that Bus 209 (which is also represented by the Main Menu 413 and the
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`Interaction Bus 414) serves as an interface between retail consumers (e.g. 205 in
`
`Fig. 2) and the various server-side subsystems (i.e. applications) that comprise
`
`TRIPS (213, 217, 221 and 223 in Fig. 2). See also Ex. 1002 at ¶¶ 206-209. The
`
`Petition and Dr. Turnbull further explain that a POSITA would understand or find
`
`obvious that Bus 209 must use different protocols to correspond with desktop users
`
`in the Web-only embodiments and WCU users communicating with the proprietary
`
`TRIPS data packets in the non-Web WCU embodiments. Pet. at 56; Ex. 1024 at
`
`14:66-15:13, 73:26-45, and 73:67-74:29; Ex. 1002 ¶ 209. Ameranth’s expert
`
`concurs. Ex. 1076 at 176:17-177:12. PO’s second argument thus also fails.
`
`Third, PO argues that DeLorme’s Interface & Interaction Bus 209 “does not
`
`monitor and route communications to different devices while concurrently using
`
`different protocols.” POR at 42. However, as discussed above, DeLorme discloses
`
`WEST\268081547.1
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`16
`
`

`
`systems including desktop users employing web-based communications (using one
`
`protocol) together with WCU users employing non-Web communications (using a
`
`different protocol). See infra at § 2. F. Interface & Interaction Bus 209 routes these
`
`communications using different protocols to the various TRIPS subsytems (i.e.
`
`applications 213, 217, 221 and 223). Ex. 1024 at Fig. 2; Ex. 1076 at 177:9-12; Ex.
`
`1070 ¶¶ 64. In any event, there is no requirement for the various devices in the
`
`system of claim 12 to communicate using different protocols or to do so con-
`
`currently. Indeed, nothing in the ’850 patent precludes the use of Web-based
`
`communications protocols for all devices.4 See CBM2015-00091, Paper No. 9 at
`
`32-33 (“[t]he only specific protocol discussed in the specification is HTTP, a web
`
`based communications protocol.”). PO’s third argument thus fails.
`
`4 PO’s contrary assertion is not supported by the patent. POR at 9-10 (citing ’850
`
`patent at 11:49-57). The cited passage describes a “simple point to point wireless
`
`capability ... which permits simple digital messages to be sent from the wireless
`
`handheld devices ... to a receiver in a beeper and/or valet parking base station.” Id.
`
`In wireless communications, point-to-point communications are direct from one
`
`device to another, without passing through any intermediate device. Ex. 1074 at
`
`574. Thus, this passage describes direct communications that do not pass through
`
`the CCM. The CCM is not involved in any protocol translation for these messages,
`
`and PO’s argument fails because it is not supported by the specification.
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`WEST\268081547.1
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`17
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`

`
`Fourth, PO argues that DeLorme’s Interface & Interaction Bus 209 “is not ‘a
`
`software layer that sits on top of a communications protocol and acts as an
`
`interface between hospitality applications and the communications protocol’ as
`
`stated by the specification.” POR at 43. This supposed requirement “stated by the
`
`specification” is not recited in the claim, and PO’s improper attempt to import it
`
`into the claims should be rejected. In any event, Interface & Interaction Bus 209
`
`includes software, does sit on top of Web-based and WCU non-Web protocols and
`
`does act as an interface between these devices and the different TRIPS subsystems/
`
`applications 213-223 for the reasons discussed above. See also Ex. 1024 at 37:54-
`
`65 (discussing the Main Menu 413 and Interaction Bus 414 processing both
`
`Internet and non-Web WCU transactions); Ex. 1076 at 176:17-177:12; Ex. 1070 ¶
`
`66. Accordingly, PO’s fourth and final argument also fails.
`
`PO also argues that claims 14 and 15 are not disclosed in DeLorme. The
`
`Petition explained that because the TRIPS database maintains all travel and
`
`itinerary information, it would have been obvious to a POSITA that information
`
`entered on a Web page in a desktop Web embodiment would automatically be
`
`reflected in the form of an updated itinerary in future downloads of the itinerary to
`
`a WCU (claim 14) and vice versa (claim 15). Pet. at 60-61 (citing Ex. 1002 ¶¶ 227,
`
`232). PO does not contest this showing and thus has waived any contrary
`
`argument. Instead, PO contends that the web page and wireless handheld device
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`WEST\268081547.1
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`18
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`

`
`cannot be satisfied by the same structure. POR at 44. But Petitioner’s showing
`
`concerns two different structures – a desktop Web-based embodiment and a WCU
`
`embodiment. PO’s argument is thus based on PO’s assertion that the DeLorme
`
`does not disclose the use of a Web-based embodiment and a non-Web WCU
`
`device in the same system, which is wrong for the reasons discussed above.
`
`Dependent Claims
`
`I.
`PO’s arguments that DeLorme does not disclose the “single point of entry”
`
`limitation of claim 13 are confusing and/or incorrect. PO argues that Petitioner
`
`ignored either or both of the “single point of entry” limitation or its “center of
`
`communications for hospitality applications” construction. POR at 47. But the
`
`Interface & Interaction Bus 209 (which is not just hardware as discussed above) is
`
`a single point of entry and a center of communications for the web-based and
`
`WCU users and the different TRIPS subsystems/applications 213, 217, 221 and
`
`223 as shown in Fig. 2. PO then argues that Petitioner “pointed to the same
`
`disclosure in DeLorme which it asserts satisfied the ‘synchronized’ and handheld
`
`limitations.” POR at 47. This is clearly incorrect as the Petition identifies the WCU
`
`907 as the wireless handheld device (Pet. at 53) and cited passages of DeLorme
`
`that disclose synchronizing data between the central database (relational database),
`
`the wireless handheld device (WCU), and the at least one web page (in the desktop
`
`Web-based embodiment). Pet. at 60 (citing Ex. 1024 at 14:24-47; 72:37-43; 72:67-
`
`WEST\268081547.1
`
`19
`
`

`
`73:6; Ex. 1002 ¶ 222). PO also mischaracterizes the Petition as relying on
`
`DeLorme’s disclosure of communications with third-party hospitality applications
`
`when the Petition clearly discusses communications between applications within
`
`the TRIPS system. Compare POR at 48 and n. 23 with Pet. at 59-60. Finally, PO
`
`repeats its incorrect argument that TRIPS does not comprise hospitality
`
`applications, which is wrong for the reasons discussed above.
`
`With respect to claims 14 and 15, PO argues that DeLorme does not disclose
`
`“automatic” downloads, because downloads occur in response to user action. POR
`
`at 50. This argument is premised on PO’s construction of “automatic,” purportedly
`
`drawn from the specification. But PO’s construction ignores other statements
`
`which do not include a strict “no user action” requirement. For example, the ’850
`
`patent states tha

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