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`Paper No. _
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`TWITTER, INC. AND YELP INC.
`Petitioners
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC
`Patent Owner
`
`Patent No. 7,010,536
`Filing Date: January 28, 1999
`Issue Date: March 7, 2006
`Inventor: Michael De Angelo
`
`Title: SYSTEM AND METHOD FOR CREATING AND MANIPULATING
`INFORMATION CONTAINERS WITH DYNAMIC REGISTERS
`
`
`
`
`Inter Partes Review No. Unassigned
`
`
`
`
`
`PETITION FOR INTER PARTES REVIEW
`
`
`
`
`
`
`
`Petition for Inter Partes Review of U.S. Patent No. 7,010,536
`
`
`TABLE OF CONTENTS
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`I.
`
`II.
`
`INTRODUCTION ........................................................................................... 3
`
`FORMALITIES ............................................................................................... 3
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`A.
`
`B.
`
`C.
`
`Real Party in Interest (§ 42.8(b)(1)) ...................................................... 3
`
`Related Matters (§ 42.8(b)(2)) .............................................................. 3
`
`Fee for Inter Partes Review (§ 42.15(a)) .............................................. 4
`
`D. Designation of Lead Counsel and Request for Authorization (37
`C.F.R. § 42.8(b)(3)) ............................................................................... 5
`
`E.
`
`F.
`
`G.
`
`H.
`
`Service Information (§ 42.8(b)(4)) ........................................................ 5
`
`Power of Attorney ................................................................................. 6
`
`Standing to File Petition (37 C.F.R. §§ 42.101-42.103) ....................... 6
`
`Proof of Service (§§ 42.6(e) and 42.105(a)) ......................................... 6
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`III.
`
`IDENTIFICATION OF CLAIMS BEING CHALLENGED (§ 42.104(B)) ... 6
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`IV. RELEVANT INFORMATION CONCERNING THE CONTESTED
`PATENT .......................................................................................................... 7
`
`A.
`
`Effective Filing Date and Prosecution History of the ’536 Patent ........ 7
`
`1.
`
`2.
`
`3.
`
`4.
`
`Container ..................................................................................... 9
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`Register ..................................................................................... 10
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`Gateway..................................................................................... 11
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`“Active Space Register” / “Passive Register For
`Identifying Space” / “Neutral Space Register” ......................... 13
`
`V.
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`PRECISE REASONS FOR RELIEF REQUESTED .................................... 16
`
`A.
`
`B.
`
`Claim 2 is Anticipated by Ex. 1006 (Gibbs) ....................................... 16
`
`Claim 3 is Anticipated by Ex. 1006 (Gibbs) ....................................... 23
`
`
`
`i
`
`
`
`Petition for Inter Partes Review of U.S. Patent No. 7,010,536
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`
`C.
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`D.
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`E.
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`F.
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`G.
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`H.
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`I.
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`J.
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`K.
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`L.
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`Claim 4 is Anticipated by Ex. 1006 (Gibbs) ....................................... 24
`
`Claim 5 is Anticipated by Ex. 1006 (Gibbs) ....................................... 25
`
`Claim 6 is Anticipated by Ex. 1006 (Gibbs) ....................................... 25
`
`Claim 7 is Anticipated by Ex. 1006 (Gibbs) ....................................... 26
`
`Claim 8 is Anticipated by Ex. 1006 (Gibbs) ....................................... 27
`
`Claim 9 is Anticipated by Ex. 1006 (Gibbs) ....................................... 28
`
`Claim 10 is Anticipated by Ex. 1006 (Gibbs) ..................................... 29
`
`Claim 11 is Anticipated by Ex. 1006 (Gibbs) ..................................... 30
`
`Claim 12 is Anticipated by Ex. 1006 (Gibbs) ..................................... 31
`
`Claim 13 is Anticipated by Ex. 1006 (Gibbs) ..................................... 32
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`M. Claim 14 is Anticipated by Ex. 1006 (Gibbs) ..................................... 33
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`N.
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`Claim 16 is Anticipated by Ex. 1006 (Gibbs) ..................................... 34
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`VI. CONCLUSION .............................................................................................. 35
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`
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`
`
`ii
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`I.
`
`INTRODUCTION
`
`Through counsel, real parties in interest Twitter, Inc. and Yelp Inc.
`
`(“Petitioners”) hereby petition for initiation of inter partes review of claims 2-14
`
`and 16 of U.S. Patent No. 7,010,536, entitled “System and Method for Creating
`
`and Manipulating Information Containers With Dynamic Registers.” (“the ’536
`
`patent”). Ex. 1001.
`
`On April 25, 2014, the Patent Trial and Appeal Board granted-in-part the
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`petition of Apple, Inc. for inter partes review of the ’536 patent in Case IPR2014-
`
`00086 (“Apple IPR”) finding there was “a reasonable likelihood that Petitioner
`
`would prevail in showing unpatentability of challenged claims 2-12, 14, and 16” as
`
`being anticipated under 35 U.S.C. § 102(e) by U.S. Patent No. 5,836,529 to Gibbs
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`(Ex. 1006). Pursuant to 35 U.S.C. § 315(c) and 37 C.F.R. §§ 42.22 and 42.122(b),
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`Petitioners submit concurrently herewith a motion for joinder with the Apple IPR.
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`II.
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`FORMALITIES
`A. Real Party in Interest (§ 42.8(b)(1))
`The real parties in interest are Twitter, Inc. and Yelp Inc.
`
`B. Related Matters (§ 42.8(b)(2))
`The ’536 patent is the subject of the following civil actions:
`
`- Evolutionary Intelligence LLC v. Yelp Inc., Civil Action No.
`
`4:13-cv-03587 (DMR) (N.D. Cal.)
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`
`
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`-3-
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`
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`- Evolutionary Intelligence LLC v. Apple Inc., Case No. 3:13-cv-
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`04201-WHA (N.D. Cal.);
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`- Evolutionary Intelligence LLC v. Facebook, Inc., Case No.
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`3:13-cv-04202-JSC (N.D. Cal.);
`
`- Evolutionary Intelligence LLC v. FourSquare Labs, Inc., Case
`
`No. 3:13-cv-04203-EDL (N.D. Cal.);
`
`- Evolutionary Intelligence LLC v. Groupon, Inc., Case No. 3:13-
`
`cv-04204-LB (N.D. Cal.);
`
`- Evolutionary Intelligence LLC v. LivingSocial, Inc., Case No.
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`3:13-cv-04205-EDL (N.D. Cal.);
`
`- Evolutionary Intelligence LLC v. Millennial Media, Inc., Case
`
`No. 5:13-cv-04206-HRL (N.D. Cal.); and
`
`- Evolutionary Intelligence LLC v. Twitter, Inc., Case No. 5:13-
`
`cv-04207-JSW (N.D. Cal.).
`
`Claims 2-12, 14, and 16 of the ‘536 patent are currently subject to
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`inter partes review in the Apple IPR.
`
`C.
`Fee for Inter Partes Review (§ 42.15(a))
`This petition for inter partes review is accompanied by a payment of
`
`$23,000 and requests review of 13 claims of the ’536 patent. 7 C.F.R. § 42.15.
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`Further, Petitioners authorize a debit from Deposit Account No. 20-1430 for
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`-4-
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`whatever additional payment is necessary in granting this Petition. Thus, this
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`petition meets the fee requirements under 35 U.S.C. § 312(a)(1).
`
`D. Designation of Lead Counsel and Request for Authorization
`(37 C.F.R. § 42.8(b)(3))
`
`Lead Counsel
`Vaibhav P. Kadaba
`Reg. No. 45,865
`wkadaba@kilpatricktownsend.com
`1100 Peachtree St. NE, Suite 2800
`Atlanta, GA 30309
`(404) 815-6500
`
`
`
`Backup Lead Counsel
`Robert D. Tadlock
`Pro Hac Vice authorization
`requested
`rtadlock@kilpatricktownsend.com
`Two Embarcadero Center, Suite
`8000
`San Francisco, CA 94111
`(415) 576-0200
`
`Lead counsel for Petitioners is Vaibhav P. Kadaba, U.S. Patent and
`
`Trademark Office Registration No. 45,865. Petitioners hereby request
`
`authorization to file a motion for Robert D. Tadlock to appear pro hac vice, as Mr.
`
`Tadlock is an experienced litigating attorney, and is counsel for Petitioners in the
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`above-referenced litigations and as such has an established familiarity with the
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`subject matter at issue in this proceeding. Petitioners intend to file such a motion
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`once authorization is granted.
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`Service Information (§ 42.8(b)(4))
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`E.
`As identified in the attached Certificate of Service, a copy of the present
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`petition, in its entirety, is being served to the address of the attorney or agent of
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`record in the Patent Office as well as counsel of record for the Patent Owner in the
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`-5-
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`above-referenced litigations. Petitioners may be served at its counsel, Kilpatrick
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`Townsend & Stockton LLP.
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`Power of Attorney
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`F.
`Powers of attorney are being filed with the designation of counsel in
`
`accordance with 37 C.F.R. § 42.10(b).
`
`G.
`
`Standing to File Petition (37 C.F.R. §§ 42.101-42.103)
`
`The Petitioners certify that the ’536 patent is available for inter partes
`
`review and that the Petitioners are not barred or estopped from requesting an inter
`
`partes review challenging the patent claims on the grounds identified in this
`
`petition. Pursuant to 37 C.F.R. § 42.102(a), the timing of the Petition is proper.
`
`The ’536 patent was granted more than nine months ago on March 7, 2006. The
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`timing of this Petition is also proper under 37 C.F.R. § 42.122(b). The Apple IPR
`
`for which joinder is requested was instituted less than one month ago on April 25,
`
`2014, and this Petition is accompanied by a request for joinder filed as a motion
`
`under 37 C.F.R. § 42.22.
`
`H.
`
`Proof of Service (§§ 42.6(e) and 42.105(a))
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`Proof of service of this petition is provided in Attachment A.
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`III.
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`IDENTIFICATION OF CLAIMS BEING CHALLENGED (§
`42.104(B))
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`-6-
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`Claims 2-14, and 161 of the ’536 patent are unpatentable as being anticipated
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`under 35 U.S.C. § 102(e) by U.S. Patent No. 5,836,529 to Gibbs (Ex. 1006).
`
`Petitioner’s proposed construction of the contested claims, the evidence
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`relied upon, and the precise reasons why the claims are unpatentable are provided
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`in § IV, below. The evidence relied upon in support of this petition is listed in
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`Attachment B.
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`IV. RELEVANT INFORMATION CONCERNING THE
`CONTESTED PATENT
`A. Effective Filing Date and Prosecution History of the ’536
`Patent
`
`The ’536 patent issued from U.S. Patent Application No. 09/284,113, filed
`
`January 28, 1999. The ‘113 application claims priority to Provisional Application
`
`No. 60/073,209, filed on January 30, 1998. The disclosures of the ‘113 and ‘209
`
`applications differ, and whether the latter supports the claims under 35 U.S.C. §
`
`112 has not been established. Nonetheless, only for the purposes of this
`
`proceeding, Petitioners have assumed that the earliest effective filing date of claims
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`2-14, and 16 of the ’536 patent is not earlier than January 30, 1998.
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`B.
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`Person of Ordinary Skill in the Art
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`A person of ordinary skill in the art in the field of the ’536 patent would
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`have been someone with a good working knowledge of computer programming,
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`1 Petitioners recognize that the Board declined to institute Trial on claim 13. Petitioners
`include claim 13 in this petition solely to preserve their rights should claim 13 be
`included in the Trial as a result of a motion for rehearing or other procedure.
`-7-
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`data structures, and object oriented programming. The person would have gained
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`this knowledge either through an undergraduate education in computer science or
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`comparable field, in combination with training or several years of practical
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`working experience. Ex. 1003 at ¶ 48.
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`C. Construction of Terms Used in the Claims
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`In this proceeding, claims must be given their broadest reasonable
`
`construction in light of the specification. 37 CFR § 42.100(b). The broadest
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`reasonable construction should be determined, in part, by taking into account the
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`subject matter Patent Owner contends infringes the claims and the constructions
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`Patent Owner has advanced in litigation. Also, if Patent Owner contends terms in
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`the claims should be read to have a special meaning, those contentions should be
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`disregarded unless Patent Owner also amends the claims compliant with 35 U.S.C.
`
`§ 112 to make them expressly correspond to those contentions. See 77 Fed. Reg.
`
`48764 at II.B.6 (August 14, 2012); cf. In re Youman, 679 F.3d 1335, 1343 (Fed.
`
`Cir. 2012). In the proposed constructions below, Petitioner identifies subject
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`matter which falls within the scope of the claims, read in their broadest reasonable
`
`construction, which Petitioner submits is sufficient for the purposes of this
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`proceeding.
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`-8-
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`Container
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`1.
`The ‘536 patent explains that a “container” is “a logically defined data
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`enclosure which encapsulates any element or digital segment (text, graphic,
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`photograph, audio, video, or other), or set of digital segments, or referring now to
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`FIG. 3C, any system component or process, or other containers or sets of
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`containers.” Ex. 1001, 8:64-9:2. It continues by stating a container “at minimum
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`includes in its construction a logically encapsulated portion of cyberspace, a
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`register and a gateway” and that it “at minimum encapsulates a single digital bit, a
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`single natural number or the logical description of another container, and at
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`maximum all defined cyberspace, existing, growing and to be discovered,
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`including but not limited to all containers, defined and to be defined in
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`cyberspace.” Ex. 1001, 9:2-9. It also states a container “contains the code to enable
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`it to interact with the components enumerated in 2A, and to reconstruct itself
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`internally and manage itself on the network 201.” Ex. 1001, 9:9-12
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`The broadest reasonable construction of “container” therefore encompasses a
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`logically defined data structure that contains a whole or partial digital element
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`(e.g., text, graphic, photograph, audio, video, or other), or set of digital segments,
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`or any system component or process, or other containers or sets of containers. See
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`Ex. 1003, ¶¶ 54-55.
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`-9-
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`2.
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`Register
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`The ‘536 patent states:
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`Registers 120 are user or user-base created or system-
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`created values or ranges made available by the system 10 to
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`attach to a unique container, and hold system-set, user-set,
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`or system-evolved values. Values may be numeric, may
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`describe domains of time or space, or may provide
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`information about the container 100, the user, or the system
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`10. Registers 120 may be active, passive or interactive and
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`may evolve with system use.
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`Ex. 1001 at 14:23-30. The ‘536 patent also indicates that “[c]ontainer
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`registers 120 are interactive dynamic values appended to the logical enclosure of an
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`information container 100 and serve to govern the interaction of that container 100
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`with other containers 100, container gateways 200 and the system 10, and to record
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`the historical interaction of that container 100 on the system 10.” Ex. 1001 at 9:14-
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`19. The ‘536 patent observes that “Container registers 120 may be values alone or
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`contain code to establish certain parameters in interaction with other containers 100
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`or gateways 200.” Ex. 1001, 9:19-23. The broadest reasonable construction of
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`“register” thus would encompass a value or code associated with a container. See
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`Ex. 1003, ¶¶ 56-59.
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`-10-
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`The ‘536 patent claims recite several kinds of registers (e.g., a first register,
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`second register, an active time register, a passive time register, a neutral time
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`register, an active space register, a passive [space] register, a neutral space register,
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`a container history register, a system history register, a predefined register, a user-
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`created register, system-defined register, and an acquire register). The context used
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`each claim provides guidance regarding the nature of each register being referred to
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`(e.g., by specifying the kinds of information that may be stored in the register or
`
`how the register might be used). Each of these registers is discussed in connection
`
`with application of prior art to it below.
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`3. Gateway
`
`The ‘536 patent does not expressly define the term “gateway.” However, its
`
`usage of this term indicates that the term is being used generally to refer to an
`
`interface between processes, system components and data files (e.g., “container” or
`
`“registers”). For example, the ‘536 patent observes:
`
`Gateways gather and store container register information
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`according to system-defined, system-generated, or user
`
`determined rules as containers exit and enter one another,
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`governing how containers system processes or system
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`components interact within the domain of that container, or
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`after exiting and entering that container, and governing how
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`-11-
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`containers, system components and system processes interact
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`with that unique gateway, including how data collection and
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`reporting is managed at that gateway. Ex. 1001 at 4:58-66.
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`The ‘536 patent also states that “Container gateways 200 are logically
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`defined gateways residing both on containers 100 and independently in the system
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`10” and “Gateways 200 govern the interactions of containers 100 within their
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`domain, and alter the registers 120 of transiting containers 100 upon ingress and
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`egress.” Ex. 1001, 9:23-28. See also Ex. 1001, 15:44-49.
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`Patent Owner has contended in litigation that “gateways” can be algorithms
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`and Application Program Interfaces (APIs), with respect to time, are “attached to
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`and forming part of the Event, EventStore, Alarm, and Reminder containers” (Ex.
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`1005 at 58) and with respect to space, “attached to and forming part of the
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`CLLocation, CLLocationManager, CLPlacemark, CLRegion, and CLHeading
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`containers.” (Ex. 1005 at 81). In other words, Patent Owner has alleged that code
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`that executes by calling objects via an API will be a “gateway” within the meaning
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`of the claims. See Ex. 1007 at Ex. E, p. 46-47 and Ex. Q, p. 16-17.
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`The broadest reasonable construction of “gateway” thus would encompass
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`code that governs interactions between containers and that can alter registers
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`associated with containers. See Ex. 1003, ¶¶ 60-62.
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`-12-
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`4.
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`“Active Space Register” / “Passive Register For
`Identifying Space” / “Neutral Space Register”
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`Claim 1 recites three “register” elements, stating: (i) “an active space register
`
`for identifying time at which the container will act upon other containers,
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`processes, systems or gateways”; (ii) “a passive register for identifying time at
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`which the container can be acted upon by other containers, processes, systems or
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`gateways” and (iii) “a neutral space register for identifying time at which the
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`container may interact with other containers, processes, systems or gateways.” The
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`‘536 patent does not expressly define any of these registers.
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`In its infringement contentions, Patent Owner has identified the same
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`features of the Twitter and Yelp accused products as well as the Apple iOS
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`operating system as being all three types of “registers” specified in claim 1.
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`Compare Ex. 1005 at 43 (for the active register: “the ‘allDay’, ‘endDate’, and/or
`
`‘startDate’”) to Id. at 48 (for the passive register: same); compare also Id. at 44
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`(active register: “‘completionDate’, ‘dueDateComponents’, and/or
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`‘startDateComponents’”) to Id. at 49 (passive register: same). Compare Ex. 1007
`
`at 22 (for active register: “location.coordinate, location.coordinate.latitude,
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`location.coordinate.longitutde, location.address, location.display_address,
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`location.city, location.state_code, location.postal_code, location.country_code,
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`location.cross_streets, location.neighborhoods, altitude”) to Id. at 23 (passive
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`register: same) to Id. at 25 (neutral register: same). Compare Ex. 1007 at 51-52
`-13-
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`(active register: discussing how Twitter uses location inforamtion) to Id. at 52-54
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`(passive register: same) to Id. at 54-56.
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`Notably, Patent Owner does not show how any of the objects in iOS being
`
`identified have parameters that allow anything to act upon them, in the ordinary
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`sense of that phrase. For example, Patent Owner identifies “reminders” as being
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`passive and neutral registers, even though reminders generally cause action on
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`other portions of the system rather than provide a time on which an action can
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`happen to them.
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`Petitioner believes that these terms are ordinary English words and do not
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`need to be construed to understand their broadest reasonable construction. But in
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`understanding the prior art, consideration should be given to Patent Owner’s
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`reading of these claim terms on Petitioner’s products.
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`5. Means Elements (Claims 9-12)
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`Claims 9-12 each contain a means plus function claim elements:
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`• means for acting upon another container, the means for acting
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`upon another container using the plurality of registers to
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`determine whether and how the container acts upon other
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`containers (claim 9)
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`• means for allowing interaction, the means for allowing
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`interaction using the plurality of registers to determine
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`-14-
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`whether and how another container can act upon the container
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`(claim 10)
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`• means for gathering information, the means for gathering
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`information recording register information from other
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`containers, systems or processes that interact with the
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`container (claim 11)
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`• means for reporting information, the means for reporting
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`information providing register information to other containers,
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`systems or processes that interact with the container (claim
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`12)
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`Means elements are construed to include the structure disclosed in the
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`specification for performing the claimed function, and “the corresponding structure
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`for a § 112 ¶ 6 claim for a computer-implemented function is the algorithm
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`disclosed in the specification.” Aristocrat Techs. Austl. PTY Ltd. V Int’l Game
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`Tech, 521 F.3d 1328, 1333 (Fed. Cir. 2008), quoting Harris Corp. v. Ericsson Inc.,
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`417 F.3d 1241, 1249 (Fed. Cir. 2005). For claims 9-12, however, the only “means”
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`identified in the ’536 Patent is a processor 18 which can execute programmed
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`instruction steps. (Ex. 1001, 7:58-65). The ‘536 patent, however, identifies no
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`algorithm that performs the particular function associated with each “means”
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`element, and does not otherwise identify any other particular structure
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`-15-
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`corresponding to these means elements. Claims 9 to 12, thus, do not comply with
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`35 U.S.C. § 112.2Aristocrat, 521 F.3d at 1338 (a patent that fails to disclose an
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`algorithm for a computer-implemented function is invalid for “lack[ing] sufficient
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`disclosure of structure under 35 U.S.C. § 112 ¶ 6 and [is] therefore indefinite under
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`35 U.S.C. § 112 ¶ 2.”). In order to provide some basis for evaluating these claims
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`against the prior art, Petitioner assumes that the means specified in each of claims 9
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`to 12 must at least be a processor that performs the specified function for each
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`means element when the claims are considered using the broadest reasonable
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`construction in view of the specification.
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`V.
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`PRECISE REASONS FOR RELIEF REQUESTED
`
`U.S. Patent No. 5,836,529 to Gibbs (Ex. 1006) has an effective filing date of
`
`at least October 31, 1995, and is prior art under 35 U.S.C. § 102(e) to claims 2-14
`
`and 16 of the ‘536 patent. A general summary of Ex. 1006 is provided at Ex. 1003
`
`at ¶¶ 68-106.
`
`A. Claim 2 is Anticipated by Ex. 1006 (Gibbs)
`
`Ex. 1006 describes a system and process for monitoring and managing the
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`operation of a railroad system. Ex. 1003 at ¶ 69. The railroad management system
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`operates on a computer system and its components are connected via a network.
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`2 Petitioners reserve their right to assert that claims 9-12 are invalid under 35
`U.S.C. § 112 in any court action relating to the ‘536 patent.
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`-16-
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`The network transmits messages to and from devices, such as wayside occupancy
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`detectors deployed in the railroad network, to a central computer system. Ex. 1003
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`at ¶¶ 70, 75. The system is object oriented and uses objects to represent important
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`aspects of a railroad system such as trains, car, locomotives and tracks. Ex. 1003 at
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`¶¶ 73-75. The railroad management system also uses objects to display and
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`transmit information to the user, such as through maps and reports. Ex. 1003 at
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`¶¶ 89, 96. The railroad management system also describes use of a control
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`management object, which allows the user to provide instructions to the
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`management system. Ex. 1003 at ¶¶ 88. These objects are stored in object
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`libraries within the computer system. Ex. 1003 at ¶¶ 77, 87. The objects used by
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`the Ex. 1006 railroad management system are examples of logically defined data
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`enclosures, and are “containers” as specified in claim 2 of the ‘536 patent.
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`Ex. 1006 thus shows “[a]n apparatus for transmitting, receiving and manipulating
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`information on a computer system, the apparatus including a plurality of
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`containers, each container being a logically defined data enclosure and
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`comprising:” as specified by claim 2. Ex. 1003 at ¶¶ 107-111.
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`The railroad management system shown in Ex. 1006 utilizes a large number
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`of objects, each having large amounts of data associated with the object
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`(information). For instance, Ex. 1006 describes a train object, a locomotive object,
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`a car object, a crew object, a terminal object, a yard object, a shop object, a coal
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`zone object, and many other objects. Ex. 1003 at ¶¶ 75-76. Each object in the
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`railroad management system has at least four distinct types of data: locational
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`attributes, labeling attributes, consist attributes, and timing attributes. Ex. 1003 at
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`¶ 81. These attributes can include information such as a unique ID, the physical
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`location of the object, and object specific data. Ex. 1003 at ¶¶ 82-84. The object
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`specific data varies by object, but for a train, for example, the object might contain
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`information such as the train name, the number of cars in the train, the length of the
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`train, the train direction, the train’s terminal of origin, and the train’s destination
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`terminal. Ex. 1003 at ¶ 85. Ex. 1006 thus shows “an information element having
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`information” as specified in claim 2. Ex. 1003 at ¶¶ 112-114.
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`Each object in the Ex. 1006 system is a separate entity within the system and
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`contains a number of different data fields divided into at least four separate types of
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`information. Ex. 1003 at ¶ 78-81. The individual data fields include information
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`such as an object’s unique ID, the physical location of the physical equipment or
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`facility to which it refers, a train name, a train length, the number of cars in the
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`train, and the train direction. Ex. 1003 at ¶ 82-83, 85. Each different object type
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`has different data fields representing different information about the real world
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`object to which it refers. Ex. 1003 at ¶¶ 82-85. These objects are stored within
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`object libraries, which reside on the computer system running the railroad
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`management system shown in Ex. 1006. Ex. 1003 at ¶¶ 77, 87. Ex. 1006 thus
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`shows “a plurality of registers, the plurality of registers forming part of the
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`container and including” as specified in claim 2. Ex. 1003 at ¶¶ 115-117.
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`The objects used in the railroad management system each have a unique ID
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`which corresponds to the physical equipment or facility that is associated with the
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`object. Ex. 1003 at ¶ 82. Ex. 1006 thus shows “a first register for storing a unique
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`container identification value” as specified in claim 2. Ex. 1003 at ¶¶ 118-119.
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`Each object in the system contains a field with a value representing the
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`location of the corresponding physical equipment or facility. The railroad
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`management system uses location detectors such as wayside occupancy detectors
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`to transmit location information from physical equipment and enter that
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`information into the appropriate object for that equipment. Ex. 1003 at ¶¶ 83-84.
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`The physical railroad network and the equipment and facilities that make it up are
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`all located within a three-dimensional space located outside the railroad
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`management system. The transport objects interact with the map and report objects
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`to display information relating to the physical equipment and facilities that the
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`transport objects represent. Ex. 1003 at ¶ 90. For instance, the user can zoom the
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`map he wants to see in or out. Ex. 1003 at ¶ 93. This zooming requires the map
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`object to determine which transport objects are within the selected map area. Ex.
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`1003 at¶¶ 93. In another example, the user can request a train report that will
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`display each car in a train along with those cars’ content. Ex. 1003 at ¶ 98. This
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`requires the report object to interact with the appropriate train and car transport
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`objects. Ex. 1003 at ¶¶ 86, 89-95, 96-98. A user can also use a “context menu
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`object” to interact with map and report objects by inputting information and setting
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`parameters for those objects. Ex. 1003 at ¶ 88. Ex. 1006 thus shows “a second
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`register having a representation designating space and governing interactions of
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`the container with other containers, systems or processes according to utility of
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`information in the information element relative to an external-to-the-apparatus
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`three-dimensional space” as specified in claim 2. Ex. 1003 at ¶¶ 120-124.
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`The user can set up alerts and warnings which will be automatically
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`displayed to the user when specified conditions regarding particular objects are
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`met. Ex. 1003 at ¶¶ 103-106. Ex. 1006 describes monitoring the value of a data
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`item in real time in order to properly trigger the audible or visual alert. Ex. 1003 at
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`¶ 106. One data item that can be included in a map or report is the physical
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`location of a train. Ex. 1003 at ¶¶ 90-94. Thus, the user can set a warning or alarm
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`to continuously monitor a train’s physical location. If this location exceeds the
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`parameters set by the user, the railroad management system will generate an
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`audible or visual alarm. Ex. 1003 at ¶¶ 103-106. The alerts also will directly
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`trigger action through the railroad management system’s output device in response
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`to a parameter such as an object’s location exceeding a boundary set by the user.
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`Ex. 1003 at ¶¶ 103, 105. The map object also actively displays the location of each
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`type of train that is selected by the user for display. This location is updated
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`whenever the train’s location is updated. Ex. 1003 at ¶¶ 94-95. Ex. 1006 thus
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`shows “an active space register for identifying space in which the container will
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`act upon other containers, processes, systems or gateways” as specified in claim 2.
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`Ex. 1003 at ¶¶ 125-129.
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`A user can generate a map which only contains part of the railroad network.
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`Ex. 1003 at ¶ 93. The user does this by restricting the geographic boundaries of the
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`map, or zooming in. Ex. 1003 at ¶¶ 93. When the user is zoomed in, the map
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`object responsible for displaying the map accesses and display transport objects
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`that are within the geographic boundaries. Ex. 1003 at ¶ 93. The report objects in
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`the railroad management system record information based on the location of
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`various transport objects. Ex. 1003 at ¶¶ 98-99. For instance, a train report object
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`can generate a report which lists each car associated with a specific train. Ex. 1003
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`at ¶ 98. The report further lists the contents of each car. Ex. 1003 at ¶ 98. Finally,
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`a graphical representation of the entire train, with each car and its contents, can be
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`displayed to the user. Ex. 1003 at ¶ 98. The cars and their contents are recorded
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`into the consist report based on their location, which is attached to the train for
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`which the report was requested. Ex. 1003 at ¶ 98.
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`Similarly, a user can generate a terminal status report which contains the
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`number of trains that are in both the arrival and departure yards of a terminal. Ex.
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`1003 at ¶ 99. Thus, the transports objects for those trains are selected based on
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`their physical locations, e.g., in either the arrival or departure yards. Ex. 1006 thus
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`shows “a passive register for identifying space in which the container can be acted
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`upon by other containers, processes, systems or gateways” as specified in claim 2.
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`Ex. 1003 at ¶¶ 133-137.
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`Ex. 1006 describes instances in which transport, map, and report objects
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`intersect. For instance, a train consist report display a graphical image that shows
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`the location of multiple cars, and the contents of those cars, within a train object.
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`Thus, the train object and the car objects intersect via the report object. See Ex.
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`1003 at ¶ 98. Also, the description of the “active register” in ¶¶ 125-132, that
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`identifies where a container can act, and the “passive register” in ¶¶ 133-137, that
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`identifies where a container can be acted upon, also will inherently describe where
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`a container may “interact.” Ex. 1003 at ¶¶ 125-137. Ex. 1006 thus shows “a
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`neutral space register for identifying space in which the c