IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Docket No.: 73028-10707018
`
`(PATENT)
`
`Reexamination Control No.:
`
`(NeW)
`
`U.S. Patent No.: 6,484,035
`
`For: APPARATUS AND METHOD FOR
`
`TRIGGERABLE LOCATION REPORTING
`
`REQUEST FOR EX PARTE REEXAMINATION
`
`MS Ex Parte Reexam
`
`Central Reexamination Unit
`
`Office of Patent Legal Administration
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`I.
`
`REEXAMINATION REQUEST
`
`In accordance with 37 CFR 1.510 and 35 U.S.C. §302, ex parte reexamination is
`requested of claim 3 of U.S. Patent No. 6,484,035, which was issued November 19, 2002 to
`Alvin C. Allen, Jr. (“'035 Patent”). The ‘035 Patent was filed as a continuation of U.S.
`Application No. 09/206,627 (“’627 Application”), which was filed on December 7, 1998.
`Therefore, December 7, 1998 is the earliest priority date for the ‘035 Patent.
`
`Reexamination as to claim 3 is requested on the basis of new prior art that was not
`considered by the Examiner. This prior art includes:
`
`U.S. Patent No. 5,918,180 to Dimino (“’180 Paten ”);
`U.S. Patent No. 5,311,197 to Sorden et al. (“’ 197 Patent”);
`U.S. Patent No. 6,131,067 to Girerd et al. (“’067 Patent”);
`Eric Lawrey, “The Suitability of OFDM as a Modulation Technique for Wireless
`Telecommunications, with a CDMA Comparison” (Oct. 18, 1997) (published thesis, James Cook
`University) (“Lawrey”); and
`
`700191341
`
`GH EXHIBIT 1005
`
`Ex. 1005 Page 1
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`Ex. 1005 Page 1
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`

`

`Control No. New
`
`Request for Ex Pane Reexamination
`
`Docket No.: 73028-1 0707018
`
`T. Keller, L. Hanzo, “Orthogonal Frequency Division Multiplex Synchronisation
`Techniques for Wireless Local Area Networks,” IEEE International Symposium on Personal,
`Indoor and Mobile Radio Communications, vol. 3, Oct. 15, 1996, pp. 963-967 (“Keller”).
`
`In addition, reexamination as to claim 3 is requested on the basis of prior art that was
`considered by the Examiner, including:
`
`US. Patent No. 5,777,580 to Janky et al. (“580 Patent”).
`
`A substantial new question of patentability as to claim 3 is raised by these prior art
`references, pursuant to 37 CFR 1.5 10(b)(1). Accordingly, “[a] prior art patent or printed
`publication raises a substantial question of patentability where there is a substantial likelihood
`that a reasonable examiner would consider the prior art patent or publication important in
`deciding whether or not the claim is patentable.” MPEP § 2242. In this case, all references
`except the ‘580 patent were not in front of the Examiner during prosecution and include many of
`the elements of claim 3. In the case of the ‘580 patent, new combinations can be made that were
`not in front of the Examiner during prosecution. Such new combinations render claim 3 obvious.
`Thus, it is believed that each of the claim charts below illustrate new and substantial questions
`that were not previously considered by the PTO. A detailed analysis of this prior art as it applies
`to claim 3 of the ‘035 Patent is provided below, pursuant to 37 CFR l.510(b)(2). Additionally,
`any or all of these prior art references not only raise a substantial question of patentability, but
`also anticipate and/or render obvious claim 3 of the ‘035 Patent. Therefore, it is respectfully
`requested that the Director order ex parte reexamination of the ‘035 Patent, pursuant to 35
`U.S.C. § 304.
`
`II.
`
`RELEVANT ONGOING LITIGATION
`
`The ‘035 Patent is the subject of ongoing litigation in the Eastern District of Texas,
`Lufldn Division, in the cases LunarEye, Inc. v. WebTech Wireless Inc., Case Action No. 9:07-cv-
`001 14, and LunarEye, Inc. v. AirIQ, Inc, Case Action No. 9:07-cv-00113. In addition, the
`Eastern District of Texas case of LunarEye, Inc. v. Independent Witness. Inc. et a1. , Case Action
`No. 9:05-cv-00188 was recently settled in March of 2007. In the LunarEye v. Independent
`Witness case, a Markman ruling was handed down by United States District Judge Ron Clark.
`This Markman ruling focused on various claim limitations of claim 3 of the ‘035 Patent, and is
`attached as Exhibit A. The issue of invalidity of claim 3 of the ‘035 Patent was never decided by
`the district court. LunarEye, Inc. (“LunarEye”) has asserted that it is the owner of the ‘035
`Patent in these lawsuits. The complaints in the above-listed lawsuits are provided as Exhibits D,
`E, and F.
`
`Requester understands that during reexamination, “claims are given the broadest
`reasonable interpretation consistent with the specification and limitations in the specification are
`not read into the claims.” MPEP § 2258, LG. As a result, Requester’s comments regarding
`claim 3 do not reflect the interpretation those claims would receive in a district court action.
`
`70019134.1
`
`2
`
`EX. 1005 Page 2
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`Ex. 1005 Page 2
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`

`

`Control No. New
`
`Request for Ex Parte Reexamination
`
`Docket No.: 73028-1 07070 I 8
`
`III.
`
`SUMMARY OF US. PATENT N0. 6,484,035
`
`Claim 3 of the ‘035 Patent discloses a triggerable location-reporting apparatus for
`transmitting location data. This triggerable location-reporting apparatus comprises a location-
`signal generating device, a data selecting device, a telemetry transmitter, and an enable
`controller. As shown below, Figure 2 discloses one embodiment of the ‘035 Patent comprising
`at least a Global Positioning Satellite (“GPS") system receiver 48, a controller 36, and a cellular
`network transmitter 54. Requester suggests that the location-signal generating device and the
`telemetry transmitter are shown in Figure 2 as the GPS system receiver 48 and the cellular
`network transmitter 54, respectively. Also, the illustrated controller 36 comprises the claimed
`data selecting device and the enable controller.
`
`As provided in claim 3, the claimed location-generating device 48 is configured to
`produce a location signal including location data. The data selecting device 36 is configured for
`selecting less than all of the location data to include in the location signal, and for reordering the
`selected location data. The telemetry transmitter 54 is configured to transmit the location signal.
`The enable controller 36 is configured to enable the location-signal generating device 48 and the
`telemetry transmitter 54 when it receives a trigger signal, and to disable the location-signal
`generating device 48 and the telemetry transmitter 54 after the telemetry transmitter transmits the
`location signal. Additionally, the page receiver 34 may be responsible for transmitting the
`trigger signal to the enable controller 36.
`
`
`
`Fig. 2 of the ‘035 Patent
`
`700191341
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`3
`
`EX. 1005 Page 3
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`Ex. 1005 Page 3
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`

`

`Control No. New
`Request for Ex Parte Reexamination
`
`Docket No.: 73028- I 07070 I 8
`
`IV.
`
`DISCUSSION OF THE PRIOR ART AND SUBSTANTIAL NEW QUESTIONS
`OF PATENTABILITY
`
`Requester asserts that the ‘035 Patent is invalid in view of the above stated references.
`While Requester may assert that these references each anticipate the ‘035 Patent under §102
`and/or render the ‘035 Patent obvious under §103, this Request for Reexamination should not be
`limited to the specific arguments provided herein. For example, Requester also believes that the
`patent references render the ‘035 Patent obvious under §103, when analyzed singularly or in
`combination with additional patent references that are not mentioned in this Request.
`
`A.
`
`Prosecution History of the ‘035 Patent
`
`The ‘035 Patent was filed as a continuation of the ‘627 Application, and thus, the
`prosecution history of the ‘627 Application is clearly relevant to the ‘035 Patent. No claims
`were ever allowed in the ‘627 Application, even though the application was prosecuted all the
`way to appeal.
`In the ‘627 Application and the subsequent prosecution of the ‘035 Patent, claim
`26 was the claim that was eventually amended, issued, and renumbered as claim 3. Attached as
`Exhibit B is the Examiner’s Answer filed on February 21, 2002 in the ‘627 Application appeal
`proceedings. The Examiner’s Answer summarizes his rejections that were made throughout the
`prosecution of the ‘627 Application with respect to claim 26 (claim 3).
`
`Also, attached as Exhibit C is an Office Action dated January 25, 2002 from the
`prosecution history of the ‘035 Patent. This Office Action summarizes the rejections of the
`Examiner in the prosecution history of the ‘035 Patent. Overall, in the prosecution histories of
`the ‘627 Application and the ‘035 Patent, the Examiner believed that US. Patent No. 5,777,580
`to Janky et al. (“’580 Patent”) disclosed every limitation of claim 26 except for “wherein the data
`selecting device reorders the selected location data.” The Examiner continually rejected claim
`26 in light of the ‘580 Patent. As shown in the Notice of Allowability dated August 12, 2002,
`the addition of this claim limitation through an Examiner’s Amendment led to the allowance of
`the ‘035 Patent.
`
`Requester has provided below detailed invalidity arguments regarding the referenced
`patents and publication.
`
`B.
`
`Substantial New Questions of Patentability under §102
`
`1.
`
`The ‘035 Patent is Anticipated by the ‘067 Patent
`
`Requester has provided a claim chart below to illustrate anticipation of the ‘035 Patent by
`the ‘067 Patent. The filing date of the ‘067 Patent is September 6, 1996, which indicates that the
`‘067 Patent is prior art under 35 U.S.C. §102(e). The ‘067 Patent was not considered by the
`Examiner in the prosecution of the ‘035 Patent and shows all of the elements of claim 3.
`Therefore, the ‘067 Patent raises a substantial new question of patentability.
`
`7oo19134.1
`
`4
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`Ex. 1005 Page 4
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`Ex. 1005 Page 4
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`

`

`Control No. New
`
`Request for Ex Parte Reexamination
`
`US. Patent 6,484,035
`Claim 3
`
`A triggerable location—reporting
`apparatus comprising:
`
`a location-signal generating
`device configured to produce a
`location signal including location
`data when enabled;
`
`location signal;
`
`Docket No.: 73028-10707018
`
`‘067 Patent
`
`A “triggerable location-reporting apparatus” is disclosed
`by the ‘067 Patent to Girerd et al. Specifically, a user is
`able to identify a remote sensor, wherein the remote
`sensor provides information related to its location. A
`server interrogates the remote sensor and, in response, the
`remote sensor transmits positioning data to the server
`where it is analyzed to derive the location of the remote
`sensor. See Abstract.
`
`
`See also, col. 2, 1.15-53.
`The ‘067 Patent discloses a remote sensor 20 including a
`snapshot GPS receiver 220 that is configured to produce
`a location signal including location data. See Figs. lA-B.
`
`“In another embodiment, the present invention provides a
`method of determining the location of a remote sensor
`wherein a position signal having positioning data and an
`identification code is transmitted from a remote sensor to
`
`a server.” Col. 2, |.36-40.
`
`“Remote sensor 20 includes a conventional cellular
`
`The ‘067 Patent discloses a remote sensor 20 including a
`DSP 32 and a microprocessor 26 that is configured for
`selecting less than all of the location data to include in
`the location signal. See Figs. lA-B, 2.
`
`“The remote sensor 20 transmits positioning data to the
`server 200 where it is analyzed to derive the location of
`the remote sensor 20. The positioning data may be raw
`GPS data or, preferably, pseudoranges. The location of
`remote sensor 20 so determined is transmitted from
`
`server 200 to computer 1 and is displayed so that the user
`can identify the location of the remote sensor 20.” Co].
`5, l.30-37.
`
`“As an alternative, DSP 32 may compute the position
`(e.g., the latitude, longitude, and, if required, the altitude)
`of the remote sensor 20 and send this data to the
`
`microprocessor 26, which may similarly relay this data to
`the base station 10, via cell phone 222. This position
`computation may, alternatively be performed by
`microprocessor 26, under program control.” Col. 9, 1.30-
`36. For example, the latitude and longitude data may be
`transmitted, but the altitude data is discarded. See col. 2,
`
`telephone 222 which is connected to a SNAPSHOT GPS
`receiver 220 and a time trigger 224.” Col. 4, 1.23-25.
`
`See also, col. 16, 1.9-1].
`
`a data selecting device for
`selecting less than all of the
`location data to include in the
`
`70019134.]
`
`Ex. 1005 Page 5
`
`Ex. 1005 Page 5
`
`

`

`
`
`
`1.54—57.
`
`See also, col. 2, 136-57; col. 6, 123-33; col. 9, 121-34;
`
`col. 12,1.20-24.
`
`
`
`The ‘067 Patent discloses a remote sensor 20 including a
`a telemetry transmitter coupled to
`
`
`cellular telephone 222 coupled to the data selecting
`the data selecting device
`
`
`device configured to transmit the location signal.
`configured to transmit the
`
`
`Figs. 1A, 1B, 2.
`location signal when enabled;
`
`
`
`and
`
`
`“Cellular telephone 222 may include a modem or other
`communication device appropriate for the method of data
`
`transmission used.” Col. 4, 1.3 8-40.
`
`
`“When SNAPSHOT GPS receiver 220 has obtained
`pseudoranges to the in-view satellites, this information is
`
`transmitted to the base station 10 across the cellular
`
`communications link.” Col. 5, 1.3-6.
`
`
`
`See also, col. 2, 136-57; col. 6, 123-33; col. 9, 120-24.
`
`The ‘067 Patent discloses a remote sensor 20 including a
`
`microprocessor 26 that is configured to enable the
`
`location signal generating device and the telemetry
`transmitter when it receives a trigger signal and disable
`the location-signal generating device and the telemetry
`transmitter after the location signal is transmitted. See
`Figs. lA-B, 2. The trigger signal is transmitted to the
`remote sensor by the server 200. Col. 5, 129-33.
`“Normally, microprocessor 26 sets some or all of the
`SNAPSHOT GPS receiver 220 hardware to a low power,
`or power down, state, except when the pseudorange
`and/or other GPS calculations are being performed, or
`when an alternative source of power is available.” Col.
`7, 1.62-67.
`
`an enable controller configured to
`
`enable the location-signal
`
`generating device and the
`telemetry transmitter when it
`receives a trigger signal and to
`disable the location-signal
`generating device and the
`telemetry transmitter after the
`telemetry transmitter transmlts
`the 1mm“ s‘gna‘;
`
`
`
`Control No. New
`
`Docket No.: 73028-10707018
`
`Request for Ex Parte Reexamination
`
`
`U.S. Patent 6,484,035
`‘067 Patent
`
`1
`
`
`
`
`
`“It should be clear from the above discussion that the
`
`remote sensor 20 need only activate its high power
`consumption circuitry from a small fraction of time while
`in the snapshot mode, if position calculation commands
`are infrequent.” Col. 9, 149—53.
`
`“At step 104 the remote sensor’s microprocessor 26 turns
`on power to the receiver front end 42, Analog to Digital
`converters 44 and digital snapshot memory 46; and
`collects a snapshot of data of duration K PN frames of
`the C/A code, where K is typically 100 to 1000
`(corresponding to 100 msec to I second time duration).
`When a sufficient amount of data has been collected,
`microprocessor 26 turns off the RF to IF converter 42 and
`
`70019134.:
`
`6
`
`Ex. 1005 Page 6
`
`Ex. 1005 Page 6
`
`

`

`Control No. New
`Request for Ex Parte Reexamination
`
`Docket No.: 73028-107070 l 8
`
`
`
`US. Patent 6,484,035
`
`‘067 Patent
`
`the AID converters 44.” Col. 12, 1.40-47.
`
`wherein the data selecting device
`reorders the selected location
`data.
`
`
`
`See also, col. 2,1.36-57; col. 4, 158—67; col. 6, 123-42;
`col. 8,1.36-67;col. 12,1.55-65.
`The ‘067 Patent discloses a remote sensor 20 including a
`DSP 32 and a microprocessor 26 that is configured for
`reordering the selected location data. The ‘067 Patent
`discloses the circular shifting of the pseudorandom (PN)
`pattern of symbols. See col. 13, 140-48. The disclosed
`PN pattern of symbols represents the location data, and
`therefore, the location data is circularly shifted and
`therefore, reordered.
`
`“The other times of the PN block can be tested by
`circularly shifting the PN reference and reperforming the
`same operation. That is, if the PN code is denoted p(O)
`p(1). .
`. p(2047), then a circular shift by one sample is
`p(l) p(2). .
`. p(2047) p(O). .
`.
`. Similarly the data block
`may begin with samples p(2), p(3), etc., and each may be
`tested by circularly shifting the reference PN and
`reperforming the tests.” Col. 13, 1.40-48.
`
`“It is preferable that the number of samples of the FFT
`equal the number of samples for one PN frame so that
`proper circular convolution may be achieved. That is,
`this condition allows the test of the data block against all
`circularly shifted versions of the PN code, as discussed
`above.” Col. 14,1.15-19.
`
`See also, col. 2, 136-57; col. 9, 123-27; col. 7, 22-28; col.
`10,1.29-col. 11, L33; col. 12,1.55-col. 14,1.25.
`
`2.
`
`The ‘035 Patent is Anticipated by the ‘ 197 Patent
`
`Requester has provided a claim chart below to illustrate anticipation of the ‘035 Patent by
`the ‘197 Patent. The filing date of the ‘ 197 Patent is February 1, 1993, which indicates that the
`‘197 Patent is prior art under 35 U.S.C. §102(e). The ‘ 197 Patent was not considered by the
`Examiner in the prosecution of the ‘035 Patent and shows all features of claim 3. Therefore, the
`‘ 197 Patent raises a substantial new question of patentability.
`
`
`
`‘197 Patent
`US. Patent 6,484,035
`Claim 3
`
`, a
`
`A triggerable location-reporting
`apparatus comprising:
`
`A “triggerable location-reporting apparatus” is disclosed
`by the ‘197 Patent to Sorden et a1. More s ecificall
`
`700|9134.l
`
`7
`
`Ex. 1005 Page 7
`
`Ex. 1005 Page 7
`
`

`

`Control No. New
`
`Request for Ex Parte Reexamination
`
`US. Patent 6,484,035
`
`Docket No.: 73028- 1070701 8
`
`
`‘197 Patent
`
`vehicle carries a distance measuring system (“DMS”)
`signal antenna and receiver/processor that determines the
`location of the vehicle, and a transmitter for transmitting
`the location. See Abstract.
`
`See also, col. 6,1.19-33.
`
`a location-signal generating
`device configured to produce a
`location signal including location
`data when enabled;
`
`The ‘ 197 Patent discloses a DMS signal
`receiver/processor 21 that is configured to produce a
`location signal including location data. See Fig. 1.
`
`“The vehicle 13 carries a DMS antenna 20 and an
`
`activatable DMS (here, SPS) signal receiver/processor 21
`that receives DMS-type signals 23A, 23B, and 23C from
`two or more signal broadcasters 25A, 25B and 25C (here,
`satellites). These DMS signals are processed by the
`receiver/processor 21 to determine the present location of
`the DMS antenna 20 and, therefore, of the vehicle 13 on
`which the antenna is carried.” Col. 6, 1.64 - col. 7, 1.4.
`
`See also, col. 6, 1.19-33; col. 7, 1.5-30; Fig. 2.
`The ‘197 Patent discloses a DMS signal
`receiver/processor 21 that is configured for selecting less
`than all of the location data to include in the location
`
`a data selecting device for
`selecting less than all of the
`location data to include in the
`
`location signal;
`
`signal. See Fig. 1.
`
`and
`
`a telemetry transmitter coupled to
`the data selecting device
`configured to transmit the
`location signal when enabled;
`
`
`
`“Present vehicle information can be presented in
`longitude and latitude coordinates, and optionally
`includes an elevation coordinate indicating the height of
`the vehicle above or below a reference horizontal plane.”
`Col. 7, 1.7-11.
`
`“Alternatively, some or all of the information held by
`registers 35 can be automatically or discretionarily
`transmitted by the transmitter 22 when an abnormal
`situation occurs.” Col. 7, 1.65-68.
`
`See also, col. 6, 1.19-33.
`
`The ‘197 Patent discloses a signal transmitter 22 that is
`configured to transmit the location signal when enabled.
`See Fig. 1.
`
`“This present location information is transmitted, at an
`appropriate time, by a signal transmitter 22 connected to
`the receiver/processor 21. Present vehicle information
`can be presented in longitude and latitude coordinates,
`and optionally includes an elevation coordinate indicating
`the height of the vehicle above or below a reference
`horizontal plane.” Col. 7, 1.4-11.
`
`See also, col. 6,1.19-33; col. 7,1.22-47.
`
`700l9134.l
`
`Ex. 1005 Page 8
`
`Ex. 1005 Page 8
`
`

`

`Control No. New
`Request for Ex Parte Reexamination
`
`
`U.S. Patent 6,484,035
`
`‘197 Patent
`
`Docket No.: 73028-107070] 8
`
`
`
`
`an enable controller configured to The ‘ 197 Patent discloses an abnormal event sensor 31
`enable the location-signal
`and corresponding circuitry that is configured to enable
`generating device and the
`the location-signal generating device and the telemetry
`telemetry transmitter when it
`transmitter, and is configured to disable the location-
`receives a trigger signal and to
`signal generating device and the telemetry transmitter.
`disable the location-signal
`See Fig. 1.
`generating dewce and the
`“The transmitter 22 is activated by receipt of an abnormal
`telemetry transmitter after ”1.6
`situation signal from an abnormal event sensor 31 that is
`telemetry transmitter transmits
`carried on the vehicle, or on an occupant of the vehicle,
`the location Signal;
`such as the vehicle operator, and that is electronically
`connected to the receiver/processor 21. .
`.
`. When the
`abnormal event sensor 31 senses occurrence of one or
`
`
`
`more of a selected group of abnormal situations involving
`the vehicle 13 or vehicle operator/occupant 15, this
`sensor issues a transmitter activation signal, and the
`transmitter 22 is activated and begins transmitting a
`vehicle ‘distress’ signal 27. The distress signal 27
`communicates the fact that an abnormal situation has
`occurred and the location of the vehicle at the time the
`
`abnormal situation first occurred.” Col. 7, 1.14-30.
`
`
`
`
`
`1
`
`“[T]he system optionally enters a ‘sleeper’ mode until the
`question in step 41 is answered affirmatively.
`In step 43,
`the receiver/processor 21 and transmitter 22 are activated
`and begin receiving and processing DMS signals. .
`.
`. If
`an abnormality signal is being sent by the sensor 31, the
`system activates the transmitter 22 and begins
`communicating the fact that a vehicle abnormal situation
`has occurred, in step 57.” C01. 9, 1.7-21.
`
`See also, col. 6, 1.19-33; Fig. 2.
`The ‘ 197 Patent discloses a DMS signal
`receiver/processor 21 that is configured for reordering the
`selected location data. In response to an event, the
`processor 21 transmits GPS location data and additional
`data, such as data related to time or severity of the event.
`The processor 21 reorders the location data in light of
`such additional data.
`
`wherein the data selecting device
`reorders the selected location
`data.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`For example, in one embodiment an airborne vehicle may
`become inoperable, wherein a severity of event message
`is transmitted. In this case, the altitude becomes the most
`important location data, and is therefore transmitted
`before latitude and longitude.
`
`“Optionally, the invention can communicate other
`
`information as well, such as the nature and/or severit of
`
`
`
`70019134.!
`
`9
`
`Ex. 1005 Page 9
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`Ex. 1005 Page 9
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`

`

`Control No. New
`
`Docket No.: 73028-1 07070 I 8
`
`Request for Ex Parte Reexamination
`
`
`
`‘197 Patent
`
`the abnormal event or condition and the time this event or
`
`condition occurred.” Col. 6, 130-33.
`
`U.S. Patent 6,484,035
`
`
`“If one or more of these optional information items is
`available, this optional information may be added to the
`
`DMS—based vehicle location information being
`
`communicated by the transmitter 22 to one or more
`AERFs 29 or other nearby recipients, in step 57.” Col. 9,
`l.36-42.
`
`
`
`
`See also, col. 6, 1.19-29; col. 7, 1.14-47; col. 7, 1. 65-68.
`
`3.
`
`The ‘035 Patent is Anticipated by the ‘180 Patent
`
`Requester has provided a claim chart below to illustrate anticipation of the ‘035 Patent by
`the ‘ 180 Patent. The filing date of the ‘180 Patent is December 22, 1995, which indicates that
`the ‘180 Patent is prior art under 35 U.S.C. §102(e). The ‘180 Patent was not considered by the
`Examiner in the prosecution of the ‘035 Patent and shows all features of claim 3. Therefore, the
`‘ 180 Patent raises a substantial new question of patentability.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`a location-signal generating
`device configured to produce a
`location signal including location
`data when enabled;
`
`
`
`
`‘180 Patent
`U.S. Patent 6,484,035
`
`——
`
`
`A triggerable location-reporting
`“A triggerable location-reporting apparatus” is disclosed
`
`
`apparatus comprising:
`by the ‘180 Patent to Dimino. More specifically, the
`
`
`
`
`
`‘180 Patent discloses a tracking system for monitoring
`and locating vehicles comprising a cellular telephone and
`
`a GPS receiver located in a vehicle. See Abstract. “By
`calling the vehicle cellular telephone from a remote
`
`location, the owner of the vehicle can hear the location of
`
`
`the vehicle.” 1d.
`
`
`See also, col. 1, l.6-9, 54-64; col. 3,1.60-64.
`
`The ‘180 Patent discloses a GPS receiver 12, which is
`configured to produce a location signal, including
`location data. See Figs. 1-2.
`
`“As is well known, the GPS receiver 12 comprises an
`antenna 26 for communicating with an array of satellites
`and thereby, through a triangulation technique, to output
`latitude and longitude coordinates defining the current
`global position of the GPS receiver 12." C01. 4, 1.7-1 1.
`
`See also, col. 3, 1.63-67; col. 4, 1.7-43.
`
`The ‘ 180 Patent discloses a GPS receiver 12 in
`con'unction with an interface 16, which is configured for
`
`
`
`l
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`a data selecting device for
`selecting less than all of the
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`700191341
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`Control No. New
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`Request for Ex Parte Reexamination
`
`US. Patent 6,484,035
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`location data to include in the
`location signal;
`
`Docket No.: 7302840707018
`
`‘180 Patent
`
`
`selecting less than all of the location data to include in
`the location signal. See Figs. 1, 5.
`
`
`
`
`
`
`
`“As is well known, the GPS receiver 12 comprises an
`antenna 26 for communicating with an array of satellites
`and thereby, through a triangulation technique, to output
`latitude and longitude coordinates defining the current
`global position of the GPS receiver 12. As known, the
`GPS receiver 12 also outputs speed and direction data.
`The digitally coded data from the GPS receiver 12 is
`supplied to the interface 16 which includes speech
`filtering and synthesizer circuitry to convert the digital
`data to voice information and to wirelessly transmit that
`voice information via the antenna 36 of the cellular
`
`telephone 14 to a telephone of the vehicle owner 28.”
`Col. 4, 1.7-18.
`
`“The block diagram of the GTS unit 10 of Fig. 5 is
`generally similar to Fig. 1 except that it illustrates that the
`interface can be a more sophisticated controller in the
`form of a microprocessor 80 including flash EPROM,
`RAM and other interface/control units. The
`
`microprocessor 80 has a serial port 82 for receiving serial
`data from a keyboard or other control device, for being
`programmed or reprogrammed to perform various
`functions.” Col. 5,1.13-20.
`
`“By connecting PCMCIA mapping software to the GTS
`unit, instead of latitude and longitude data, the GTS unit
`can call the owner and provide the exact location and
`street names by using a look-up table in the PCMCIA
`card.” Col. 8, 1.14-18.
`
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`
`See also, col. 2,1.19-33; col. 4, 1.22-43; Fi.
`.
`
`The ‘180 Patent discloses a cellular telephone 14 that is
`a telemetry transmitter coupled to
`
`
`coupled to the interface 16, and is configured to transmit
`the data selecting device
`
`the location signal when enabled. See Fig. l.
`configured to transmit the
`
`location signal when enabled;
` “As is well known, the GPS receiver 12 comprises an
`and
`antenna 26 for communicating with an array of satellites
`and thereby, through a triangulation technique, to output
`latitude and longitude coordinates defining the current
`global position of the GPS receiver 12. As known, the
`
`GPS receiver 12 also outputs speed and direction data.
`
`The digitally coded data from the GPS receiver 12 is
`
`supplied to the interface 16 which includes speech
`
`filtering and synthesizer circuitry to convert the digital
`
`data to voice information and to wirelessl
`transmit that
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`70019134.1
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`Control No. New
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`Docket No.: 73 028—107070 l 8
`
`Request for Ex Pane Reexamination
`
`
`‘180 Patent
`__
`voice information via the antenna 36 of the cellular
`
`US. Patent 6,484,035
`
`an enable controller configured to
`enable the location-signal
`generating device and the
`telemetry transmitter when it
`receives a trigger signal and to
`disable the location-signal
`generating device and the
`telemetry transmitter after the
`telemetry transmitter transmits
`the location signal;
`
`wherein the data selecting device
`reorders the selected location
`data.
`
`telephone 14 to a telephone of the vehicle owner 28.
`Alternatively (or additionally), the information may be
`called to a police telephone 30, to a privately operated
`central control station 32 and/or to the vehicle owner’s
`
`home computer 34, etc.” Col. 4, 1.7-18.
`
`See also, col. 2, l.9-26; col. 4, 122-43; col. 5, 1.25-36; col.
`8,1.58 — col. 9,13.
`The ‘180 Patent discloses a microprocessor 80 that is
`configured to enable the location-signal generating
`device and the telemetry transmitter when it receives a
`trigger signal and to disable the location-signal
`generating device. See Fig. 5.
`
`“For example, the output 92 of the microprocessor 80
`serves to control the power on/off or sleep modes of the
`telephone 14.” C01. 5, 129-31. Also, in Fig. 5 the
`microprocessor 80 enables and disables the cellular
`phone 14 through a switch 90.
`
`Other embodiments include “the ability to locate the GPS
`receiver unit 12 inside of a MOTOROLA F lip-Phone
`battery compartment (FIG. 15). Another approach is for
`the person owning a Flip-Phone to slide the GPS
`receiver 12 (FIG. 12) onto the existing Flip-Phone
`(FIG. 13).” Col. 10, 1.15-20. Accordingly, the
`microprocessor 80 would then control the power on/off
`or sleep modes of the telephone and receiver.
`
`“Alternatively, the GTS system can be wired to sense the
`alarming of the conventional alarming system, including
`through the activation of a key-chain type transmitter
`which is operable in a well-known manner remotely by
`pressing a transmitter from outside the vehicle.” Col. 8,
`128-33.
`
`See also, col. 5, 1.13-37, 53-62; col. 8, 125-40, col. 10,
`115-36.
`
`The GPS receiver 12 and the interface 16 reorder the
`
`selected location data by generating spoken phrases from
`the coordinate data. Through the use of speech
`synthesizer circuits and the access to wave tables, the
`location data is reordered to present the data in a different
`format for the user.
`
`The GPS location data may initially be digital data
`related to spacial coordinates, velocity, and heading.
`During the transformation to spoken phrases, the heading
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`Control No. New
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`Docket No.: 73028- I 07070 l 8
`
`Request for Ex Parte Reexamination
`
`
`
`US. Patent 6,484,035
`‘180 Patent
`may be provided first as is familiar in speech. For
`example, “heading East down Main Street at 30 miles an
`hour.” Therefore, the digital GPS data is reordered
`during the transformation to speech data that is presented
`to the user.
`
`“The serial output is supplied to the input of a filtering
`interface circuit 42, for example a MAX-232 standard
`filtering interface and voltage-level adjusting circuit, to
`further supply the filtered longitude/latitude coordinate
`data via a further connector 44 to a speech synthesizer
`circuit such as, for example, an RC system 8600 speech
`board 45. The board 44 serves to convert the spacial
`coordinates into spoken words, which are then played
`through a speaker 46 to the microphone input of the
`cellular phone 14. Voice reproduction can also be made
`by recording on a digital IC chip #SD-9 such words as
`North, East, South, West, numerals e.g. one, two, etc.,
`and speed, e.g. miles per hour.” Col. 4, 126-37.
`
`“In any case, digital information, for example from the
`GPS receiver 12, can then be used to access wave tables
`and other speech generating means stored in a ROM 60
`to be supplied to a random access memory (RAM) 58 and
`used to provide inputs to the digital to analog converter
`(DAC) 62, which in well known manner, converts the
`digital data to an analog speech signal 63.” C01. 4, 1.49-
`56.
`
`“By connecting PCMCIA mapping software to the GTS
`unit, instead of latitude and longitude data, the GTS unit
`can call the owner and provide the exact location and
`street names by using a look-up table in the PCMCIA
`card.” Col. 8, 1.14-18.
`
`
`
`
`See also, col. 4, 122-59.
`
`C.
`
`Substantial New Questions of Patentability Under §103
`
`In light of the present legal landscape concerning obviousness under §103, Requester has
`provided a brief summary of the opinion of the Supreme Court in the recent decision, KSR In! ’1
`Co. v. Teleflex, Inc., 127 S.Ct. 1727 (April 30, 2007). Accordingly, the Supreme Court
`explained many issues concerning obviousness under §103, including:
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`700I9l34.l
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`Control No. New
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`Request for Ex Pane Reexam