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`Trials@uspto.gov
`571-272-7822
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`Paper 18
`Entered: May 9, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WAVEMARKET INC. d/b/a LOCATION LABS
`Petitioner
`
`v.
`
`LOCATIONET SYSTEMS LTD.
`Patent Owner
`____________
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`
`Before KRISTEN L. DROESCH, GLENN J. PERRY, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`
`DROESCH, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
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`
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`Case IPR2014-00199
`Patent 6,771,970 B1
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`I. INTRODUCTION
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`A. Background
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`Wavemarket, Inc. d/b/a Location Labs (collectively “Petitioner”) filed
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`a Petition1 (Paper 6) (“Pet.”) to institute an inter partes review of claims
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`1–19 (“the challenged claims”) of U.S. Patent No. 6,771,970 B1 (“the ’970
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`Patent”). See 35 U.S.C. § 311. LocatioNet Systems Ltd. (“Patent Owner”)
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`filed a Preliminary Response (Paper 12) (“Prelim. Resp.”) to the Petition.
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`We conclude that, under 35 U.S.C. § 314(a), Petitioner demonstrates a
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`reasonable likelihood of prevailing with respect to at least one of the
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`challenged claims.
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`B. Related Proceedings
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`Petitioner indicates the ’970 Patent is at issue in the following actions
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`(Pet. 2):
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`(1) CallWave Communications, LLC v. AT&T Mobility, LLC, No.
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`1:12-cv-01701-RGA (D. Del.);
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`(2) CallWave Communications, LLC v. Sprint Nextel Corp., No. 1:12-
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`cv-01702-RGA (D. Del.);
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`(3) CallWave Communications, LLC v. T-Mobile USA Inc., No.1: 12-
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`cv-01703-RGA (D. Del.);
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`(4) CallWave Communications, LLC v. Verizon Communications Inc.,
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`No. 1:12-cv-01704 (D. Del.); and
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`(5) CallWave Communications, LLC v. AT&T Mobility LLC, No. 1:12-
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`cv-01788 (D. Del.).
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`
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`1 Throughout this Decision, we refer to the corrected Petition filed on
`December 13, 2013.
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`2
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`C. The ’970 Patent (Ex. 1001)
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`The ’970 Patent relates to a system and method for location tracking
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`of mobile platforms. Ex. 1001, Abs.; col. 2, ll. 2–28; col. 3, ll. 4–24.
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`Figure 1 of the ’970 Patent, reproduced below, schematically depicts a
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`location tracking system. Id. at col. 3, ll. 31–32.
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`
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`Figure 1 illustrates mobile platforms, including mobile telephone 21, car 22,
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`laptop 23, and briefcase 24, and location tracking systems 11, 12, 13, 14 that
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`communicate with communication subsystem 3 of location determination
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`system 1. Id. at col. 3, l. 44–col. 4, l. 11. Location determination system 1
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`is linked to database 2 and map server 4 that accesses map database 5. Id. at
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`col. 4, ll. 12–22. Location determination system 1 hosts website 50 on
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`Internet 30. Id. at col. 4, ll. 23–28. A subscriber to location determination
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`system 1, and equipped with computer 60 running an internet browser, logs
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`on to website 50 and selects mobile platform 21–24 for which the location is
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`sought. Id. at col. 4, ll. 29–39. The request is passed from web site 50 to
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`location determination system 1, which accesses database 2 to determine the
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`appropriate location tracking system (11–14) for locating the subscriber-
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`selected mobile platform. Id. at col. 4, ll. 39–42; see id. at col. 4, ll. 12–15.
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`Location determination system 1 passes the request and the details of the
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`appropriate location tracking system (11–14) to communication subsystem
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`3. Id. at col. 4, ll. 42–45. Communication subsystem 3 formats the request
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`for transmission to the respective location tracking system, and transmits the
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`request. Id. at col. 4, ll. 46–48; see id. at col. 4, ll. 6–11; col. 5, l. 51–col. 6,
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`l. 2. Respective location tracking system 11–14 receives the request,
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`determines the location of the requested mobile platform, and transmits the
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`location information back to communication subsystem 3. Id. at col. 4, ll.
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`48–52; see id. at col. 6, ll. 2–11. Communication subsystem 3 associates the
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`location information with the request and passes it to location determination
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`system 1, which passes the location of the requested mobile platform 21–24
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`to map server 4. Id. at col. 4, ll. 52–56. Map server 4, using a map engine,
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`obtains a map of the area in which the requested mobile platform 21–24 is
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`located, marks the position of the mobile platform on the map, and passes it
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`to location determination system 1. Id. at col. 4, ll. 56–59. The map is then
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`passed to the web browser running on subscriber’s computer 60. Id. at col.
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`4, ll. 60–61; see id. at col. 5, ll. 19–24.
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`D. Illustrative Claims
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`
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`Claims 1 and 18, reproduced below, are illustrative of the claims at
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`issue (emphasis added):
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`1. A system for location tracking of mobile platforms,
`each mobile platform having a tracking unit; the system
`including:
`a location determination system communicating through
`a user
`interface with at
`least one
`subscriber;
`said
`communication including inputs that include the subscriber
`identity and the identity of the mobile platform to be located;
`a communication system communicating with said
`location determination system for receiving said mobile
`platform identity; and,
`a plurality of remote tracking systems communicating
`with said communication system each of the remote tracking
`systems being adapted to determine the location of a respective
`mobile platform according to a property that is predetermined
`for each mobile platform for determining the location of the
`mobile platform;
`wherein said location determination system is arranged
`to determine an appropriate one of the plurality of remote
`tracking systems, the appropriate remote tracking system
`receiving
`said mobile
`platform
`identity
`from
`said
`communication system and returning mobile platform location
`information, said communication system being arranged to pass
`said mobile platform location information to said location
`determination system;
`said location determination system being arranged to
`receive said mobile platform location information and to
`forward it to said subscriber.
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`18. A system for location tracking of mobile platforms,
`each of which is equipped each with a tracking unit, each being
`adapted to determine the location of a respective mobile
`platform according to a property that is predetermined for each
`mobile platform; the system comprising:
`(a) a location server communicating through a user
`interface with at least one subscriber equipped with a browser;
`said communication having inputs that include at least the
`subscriber identity, the mobile platform identity and map
`information;
`(b) at least one mobile platform location system coupled
`to said location server for receiving the mobile platform identity
`and map information that pertain to mobile platforms associated
`with the respective mobile platform location system; each one
`of said mobile platform location systems being associated with
`a map database and map engine for manipulating said map
`database;
`(c) at least one remote tracking service communicating
`with said respective mobile platform location system for
`receiving mobile platform identity and returning mobile
`platform location information;
`the at least one mobile platform location system being
`adapted to receive said mobile platform location information
`and access said map database for correlating map to said
`location information, so as to obtain correlated location
`information;
`the
`to receive
`said
`location server being adapted
`correlated location information and forward them to said
`browser.
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`II. ANALYSIS
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`A. Claim Construction
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`
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`Petitioner presents explicit constructions for the following claim terms
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`and phrases: “mobile platforms,” “a location determination system,”
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`“a communication system,” “a plurality of remote tracking systems,” “said
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`communication including inputs that include the subscriber identity and the
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`identity of the mobile platform to be located,” and “accepting inputs from a
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`subscriber identifying one or more mobile platforms to be located.” Pet. 9–
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`10. Patent Owner does not provide any explicit claim constructions. See
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`Prelim. Resp. 1–13. For purposes of this Decision, no explicit construction
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`is necessary for the aforementioned claim terms and phrases beyond their
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`ordinary and customary meanings.
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`
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`All other terms in the challenged claims need not be construed for
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`purposes of this Decision.
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`B. Asserted Grounds of Unpatentability
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`
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`Petitioner contends the challenged claims are unpatentable under 35
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`U.S.C. §§ 102(e) and 103(a) on the following specific grounds (Pet. 4–5):
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`Reference[s]2
`Elliot
`Elliot in view of Fitch
`Elliot in view of Jones
`Elliot in view of Fitch and Jones
`Elliot in view of Shah
`Elliot in view of Fitch and Shah
`Fitch
`Fitch in view of Jones
`Fitch in view of Shah
`Fitch in view of Elliot
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`Claims Challenged
`Basis
`§ 102(e) 1–3, 6–19
`§ 103(a) 1–3, 6–19
`§ 103(a) 4
`§ 103(a) 4
`§ 103(a) 5
`§ 103(a) 5
`§ 102(e) 1–3, 11–14, 16, and 19
`§ 103(a) 4
`§ 103(a) 5
`§ 103(a) 6–10, 15, 17, and 18
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`The Petition also relies on the Declaration of Dr. Scott Hotes (Ex. 1013).
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`
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`2 The Petition relies on the following references: U.S. Patent No. 6,243,039
`B1 (Ex. 1003) (“Elliot”); U.S. Patent No. 6,321,092 B1 (Ex. 1004) (“Fitch”);
`U.S. Patent No. 6,741,927 B2 (Ex. 1005) (“Jones”); and U.S. Patent No.
`5,758,313 (Ex. 1006) (“Shah”).
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`1. 35 U.S.C. § 102(e) Ground of Unpatentability over Elliot
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`Petitioner contends that claims 1–3, and 6–19 are unpatentable under
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`35 U.S.C. § 102(e) as anticipated by Elliot. Pet. 4, 13–15, 17–36.
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`a. Elliot
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`Elliot describes a wireless communications system which tracks the
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`current and historical locations of a device worn or carried by a person, and
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`provides widely available access to the data referencing these locations. Ex.
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`1003, col. 2, ll. 29–35.
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`Figure 1 of Elliot, reproduced below, depicts the network architecture
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`of the system. Id. at col. 4, ll. 18–19.
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`
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`Figure 1 illustrates device 12 worn or carried by a child, GPS (Global
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`Positioning System) satellite 14, ground based position systems 15, central
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`receiver-transmitter 16, and central control system 20. Id. at col. 4, l. 52–
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`col. 5, l. 46. Device 12 includes circuitry standard to GPS locator devices
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`and paging/cellular communications devices. Id. at col. 6, ll. 13–15. Device
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`12 receives broadcast signals from each of three GPS satellites 14,
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`triangulates the three signals, and determines the coordinates of the current
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`location of device 12. Id. at col. 4, ll. 55–58. “Similarly, signals may be
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`received from [] ground based position system 15. [G]round based position
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`system 15 generally rides on a sub carrier in the cellular bandwidth inside
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`the cells.” Id. at col. 4, ll. 59–62. Ground based position systems 15 may be
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`used as a primary locator system with GPS satellites 14 used as a backup, or
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`ground based position systems 15 may be used as a backup system when
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`GPS satellites 14 are used as a primary locator system. Id. at col. 4, ll. 62–
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`65. Device 12 encodes the location coordinates into a data package and
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`sends the data to central receiver-transmitter 16, which may be any type of
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`cellular transmission system. Id. at col. 4, l. 66–col. 5, l. 5. Device 12
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`transmits its data signal after any of the following events: (1) when
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`triggered by an internal timer on a periodic basis; (2) when an emergency
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`button on device 12 is pressed; and (3) after receiving a second signal from
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`central control system 20, which may be generated by a timer or scheduler,
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`generated in accordance with specified criteria, or generated when a parent
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`requests an automatic real-time update via a web page provided by central
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`control system 20. Id. at col. 5, ll. 13–28. The data signal transmitted by
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`device 12 generally includes the current GPS coordinates, the current time,
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`the device identification code of transmitting device 12, and an activation
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`indicator. Id. at col. 5, ll. 32–35. Central receiver-transmitter 16 receives
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`the transmission from device 12 and forwards the data signal to centralized
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`control system 20. Id. at col. 5, ll. 41–43.
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`Figure 3 of Elliot, reproduced below, depicts the process architecture
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`of central control system 20. Id. at col. 4, ll. 22–23; col. 6, ll. 18–19.
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`
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`That central control system of Figure 3 includes GPS/device information
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`database 26, translation process 28, translated record database 30, and web
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`server 34. Id. at col. 6, ll. 31–65; col. 7, ll. 1–13. Central control system 20
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`receives data from device 12 via central receiver-transmitter 16, decodes the
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`data from the transmission message, and stores the data in GPS/device
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`information database 26. Id. at col. 6, ll. 22–24, 31–32, 35–36. The data
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`generally include the current GPS coordinates of device 12, the current time
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`stamp, device identification code, and activation indicator. Id. at col. 6, ll.
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`32–34. Translation process 28 translates the GPS coordinates to a
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`commonly recognized location reference. Id. at col. 6, ll. 37–38. The
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`translated data signals are stored as records in translated record database 30.
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`Id. at col. 6, ll. 64–65. Web server 34 functions as a web interface for
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`central control system 20 to enable web access to central control system 20.
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`Id. at col. 7, ll. 1–5. In order for a subscriber parent to access web server 34,
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`an authentication procedure is performed to validate the subscriber parent’s
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`identity and authorize access to the location data. Id. at col. 7, ll. 17–27.
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`Web server 34 provides the subscriber parent with the location data stored in
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`translated record database 30 by transmitting a graphical map display
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`embedded in a web page by incorporating a graphic source file for the map
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`into an HTML page as a graphics file “image” (i.e., map source file,
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`graphics image source file, GIF), and including the current GPS coordinates
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`of device 12 depicted on the map with a distinguishing mark “X.” Id. at col.
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`6, ll. 47–50; col. 7, ll. 6–13; col. 9, ll. 12–42. Maps of non-local areas are
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`also available. Id. at col. 9, l. 10; see also id. at col. 3, ll. 2–4 (web server 34
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`with its associated files provides graphical maps).
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`Figure 4 of Elliot, reproduced below, depicts a web page displaying a
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`local area map with distinctive mark(s) pointing to the location of device 12.
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`Id. at col. 4, ll. 24–26.
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`Figure 4 illustrates the web page including local area map 44 with mark “X”
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`pointing to current location of device 12, and selection options 46, 48, and
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`50 for enabling various functions. Id. at col. 9, ll. 5–9, 48–49. “Current
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`Location” button 46 displays an “X” on the map to designate the child’s
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`current location as associated with the most recent time stamp. Id. at col. 9,
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`ll. 49–52. “History” button 48 displays one or more “X”’s, with time stamps
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`next to each to designate the trail of historical locations. Id. at col. 9, ll. 52–
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`54. “Request Query” button 50 activates central control system 20 to send a
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`signal to device 12, triggering device 12 to transmit its current location data
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`signal back to central control system 20. Id. at col. 9, ll. 55–58; see id. at
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`col. 5, ll. 23–28; col. 8, ll. 44–65.
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`b. Claims 1–3, 6–17, and 19
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`
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`Independent claim 1 recites “said location determination system is
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`arranged to determine an appropriate one of the plurality of remote tracking
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`systems.” We construe this claim recitation to require the location
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`determination system to be arranged to perform the function of determining
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`which one of the remote tracking systems is appropriate for use and to cause
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`that system to be used. Petitioner makes the following general assertions:
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`(1) Elliot describes a location determination system, based on central control
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`system 20; and (2) Elliot describes a plurality of remote tracking systems,
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`based on GPS satellites 14 and ground based position systems 15. Pet. 18–
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`19 (citing Ex. 1003, Figs. 1, 3; col. 4, ll. 52–65; col. 5, ll. 1–12; col. 6, ll.
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`17–35; col. 7, ll. 1–7; col. 8, ll. 44–62). Petitioner further contends that
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`Elliot describes the aforementioned claim recitation by asserting that in
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`Elliot “[e]ither GPS or ground based cellular systems can be used or
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`combined to locate a device depending upon which is appropriate to use
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`(primary/backup roles) and can be based on the properties of the device
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`tracking unit (GPS receiver installed/cellular chipset included).” Pet. 19
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`(citing Ex. 1003, col. 4, ll. 48–65; Fig. 1); see Ex. 1013 ¶ 29.
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`We are not persuaded by Petitioner’s contentions. Based on
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`Petitioner’s mapping of GPS satellites 14, ground based position systems 15,
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`and central control system 20 to the elements recited in claim 1, Petitioner
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`does not direct us to evidence sufficient to demonstrate that Elliot describes
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`central control system 20 is arranged to perform the function of determining
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`which one of GPS satellites 14 and ground based position systems 15 is
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`appropriate for use and cause that system to be used (i.e., central control
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`system is arranged to determine an appropriate one of the tracking systems).
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`Instead, Elliot generally discloses the following: (1) GPS satellites 14 are
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`the location system of choice, but other systems using broadcast
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`technologies can be used (Ex. 1003, col. 4, ll. 48–51; see id. at col. 4, ll. 59–
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`62); and (2) ground based position systems 15 may be used as a primary
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`system with GPS satellites 14 as a backup, or GPS satellites 14 may be the
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`primary system with ground based position systems 15 as a backup (id. at
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`col. 4, ll. 62–65). Furthermore, and contrary to Petitioner’s assertion that the
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`use of GPS satellites and/or ground based position systems can be based on
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`the properties of the device tracking unit (GPS receiver installed/cellular
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`chipset included), Elliot describes that device 12 includes circuitry standard
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`to GPS locator devices and paging/cellular communications devices. Id. at
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`col. 6, ll. 13–15.
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`Similar to claim 1, independent claim 14 recites “determining for each
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`mobile platform one of the remote tracking systems that is capable of
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`locating said mobile platform.” Independent claims 16 and 19 include
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`recitations similar to claim 14. Petitioner makes the following general
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`13
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`assertions: (1) Elliot describes mobile platforms based on devices 12, and
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`(2) Elliot describes a plurality of remote tracking systems based on GPS
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`satellites 14 and ground based position systems 15. Pet. 24–25 (citing Ex.
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`1003, Fig. 1; col. 4, ll. 52–65; col. 5, ll. 1–12); see Pet. 27, 34. Petitioner
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`further contends that Elliot describes the aforementioned claim recitations by
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`asserting that in Elliot “[e]ither GPS or ground based cellular system can be
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`used or combined to locate a device depending [upon] which is appropriate
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`to use (primary/backup roles) and can be based on the properties of the
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`device tracking unit (GPS receiver installed/cellular chipset included).” Pet.
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`25 (citing Ex. 1003, col. 4, ll. 48–65; Fig. 1); see Pet. 28, 34–35.
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`We are not persuaded by Petitioner’s contentions. Petitioner does not
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`direct us to evidence sufficient to demonstrate that Elliot describes
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`determining for each device 12 (i.e., mobile platform) one of GPS satellites
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`14 or ground based position systems 15 that is capable of locating device 12.
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`Specifically, Petitioner does not direct us to a factual basis sufficient to
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`demonstrate that Elliot describes that the use of GPS satellites 14 and/or
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`ground based cellular systems 15 in Elliot’s system is based on whether a
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`GPS receiver or cellular chipset is included in device 12. As explained
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`previously, Elliot instead discloses that device 12 includes circuitry standard
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`to GPS locator devices and paging/cellular communications devices. Id. at
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`col. 6, ll. 13–15.
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`Thus, on the record before us, Petitioner does not demonstrate a
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`reasonable likelihood of prevailing on its assertion that Elliot anticipates
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`independent claims 1, 14, 16, and 19, and claims 2, 3, 6–13, and 17,
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`dependent therefrom.
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`c. Claim 18
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`Independent claim 18 does not include recitations similar to the
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`aforementioned recitations of claims 1, 14, 16, and 19, discussed previously
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`in Section II.B.1.b (i.e., determining the appropriateness of using one
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`tracking device over other tracking devices, or determining the remote
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`tracking system that is capable of locating each mobile platform). We are
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`persuaded by Petitioner’s arguments, supported by the claim charts and other
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`evidence, explaining how Elliot describes the subject matter recited in
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`independent claim 18. Pet. 30–33. For example, Petitioner contends that
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`Elliot describes “a system for location tracking of mobile platforms, each of
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`which is equipped with a tracking unit, each being adapted to determine the
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`location of a respective mobile platform,” as recited in claim 18, based on
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`Elliot’s “system that tracks the current and historical locations of a GPS
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`locator device carried by a person,” and description of GPS satellites 14 and
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`ground-based tracking systems 15 in communication with central receiver-
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`transmitters 16 and devices 12. Pet. 30 (citing Ex. 1003, Fig. 1; Abs).
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`Petitioner further contends that Elliot describes each tracking unit is
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`“adapted to determine the location of a respective mobile platform according
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`to a property that is predetermined for each mobile platform,” as recited in
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`claim 18, based on device 12 having a GPS receiver and cellular radio chip
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`set. Pet. 30 (citing Ex. 1003, col. 4, ll. 52–65; col. 5, ll. 1–12); see Ex. 1003
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`at col. 6, ll. 13–15. Petitioner asserts that “a location server communicating
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`through a user interface with at least one subscriber equipped with a web
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`browser,” as recited in claim 18, is described by Elliot’s web server 34 that
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`provides a subscriber parent with the location data, and description that the
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`observation of a child’s movements may be conducted anywhere accessible
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`by a computer with a Web browser and internet access. Pet. 31 (citing Ex.
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`1003, Fig. 3; col. 2, l. 65–col. 3, l. 3; col. 7, ll. 1–7, 16–22). Petitioner
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`further contends that Elliot describes “at least one mobile platform location
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`system coupled to said location server . . . each one of said mobile platform
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`location systems being associated with a map database and map engine,” and
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`“the at least one mobile platform location system is adapted to receive said
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`mobile platform location information and access said map database for
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`correlating map to said location information, so as to obtain correlated
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`location information,” as recited in claim 18, based on the following
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`descriptions in Elliot (Pet. 31–33): (1) “web server 34 [] functions as a web
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`interface for [] central control system [20],” (quoting Ex. 1003, col. 7, ll. 1–
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`7); (2) “web server [34] with its associated files provides graphical maps
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`capable of showing the current and historical locations of [] device [12],”
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`(quoting Ex. 1003, col 3, ll. 2–4); (3) “[m]any commercial software
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`programs are available for producing and manipulating graphics and images,
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`including road map graphics images. Such graphical map images may be
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`displayed within a web page when a Web browser runs a document,”
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`(quoting Ex. 1003, col. 9, ll. 17–27); and (4) “[t]he ‘X’ mark for pointing to
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`the current location of the child (i.e., the device) may be superimposed in the
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`map image,” (quoting Ex. 1003, col. 9, ll. 28–30). Petitioner further asserts
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`Elliot describes “at least one remote tracking service communicating with
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`said respective mobile platform location system,” as recited in claim 18,
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`based on Elliot’s GPS satellites 14 and ground based position systems 15 in
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`communication with the central control system 20. Pet. 32 (citing Ex. 1003,
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`Fig. 1; col. 5, ll. 31–59; col. 6, ll. 31-35; col. 8, ll. 55-65). Petitioner further
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`contends that Elliot describes the “location server being adapted to receive
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`the correlated location information and forward them to the browser,” as
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`recited in claim 18, based on the following description in Elliot:
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`web server 34 [] functions as a Web interface for the central
`control system to enable web access to the central control
`system . . . The web server 34 provides a subscriber parent with
`the location data stored in the translated records database 30 in
`various formats which may include a graphical display
`embedded in a web page. The graphical map display may
`generally be transmitted to the subscriber parent's computer by
`incorporating a graphic source file for the map into an HTML
`page document as an inline graphics image element.
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`Pet. 33 (quoting col. 7, ll. 3–13); see Ex. 1003, Fig. 4. For purposes of this
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`Decision, Petitioner has made a sufficient showing that Elliot describes the
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`limitations of claim 18. Patent Owner did not present arguments addressing
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`Petitioner’s proposed grounds of unpatentability for claim 18. See Prelim
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`Resp. 1–13.
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`Thus, Petitioner demonstrates a reasonable likelihood of prevailing on
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`its assertion that Elliot anticipates claim 18.
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`2. 35 U.S.C. § 102(e) Ground of Unpatentability over Fitch
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`Petitioner contends that claims 1–3, 11–14, 16, and 19 are
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`unpatentable under 35 U.S.C. § 102(e) as anticipated by Fitch. Pet. 5, 13,
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`15–17, 36–40, 42–47, and 52–54.
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`a. Fitch
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`Fitch describes a method and apparatus for using multiple Location
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`Finding Equipment (LFE) inputs to enhance location information made
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`available to wireless location-based applications. Ex. 1004, Abs.; col. 2, ll.
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`17
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`23–26.
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`Figure 1 of Fitch, reproduced below, schematically depicts a wireless
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`network implementing a location finding system. Id. at col. 4, ll. 38–40.
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`Figure 1 illustrates wireless telecommunications network 100, including
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`mobile switching center (MSC) 112 for use in routing wireless
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`communications to or from wireless stations 102, network platform 114
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`associated with MSC 112 for implementing subscriber or network service
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`functions, and LFE systems 104, 106, 108, and 110. Id. at col. 4, l. 64–col.
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`5, l. 5. Network platform 114 is used to run Location Manager (LM) 116
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`(also referred to as Location Finding System (LFS) 116) and a number of
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`wireless location applications 118. Id. at col. 5, ll. 6–17. LFE systems 104,
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`106, 108, and 110 may employ any of a variety of location finding
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`technologies such as angle of arrival (AOA), time difference of arrival
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`(TDOA), global positioning system (GPS), and the use of cell/sector
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`location. Id. at col. 5, ll. 19–22; see id. at col. 1, ll. 47–51; col. 5, l. 24–col.
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`6, l. 18; col. 6, l. 40–col. 7, l. 29; Figs. 3a–3e. LFE systems 104, 106, 108,
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`and 110 may be the same as or different from one another. Id. at col. 5, ll.
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`18
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`22–24. LM 116 (or LFS 116) receives location information from various
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`LFE systems 104, 106, 108, and 110 and processes the location information
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`to provide location outputs for use by any of various wireless location
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`applications 118 (e.g., 911, vehicle tracking, location-based billing
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`programs) in response to location requests from the applications. Id. at col.
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`6, ll. 19–29.
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`
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`Figure 2 of Fitch, reproduced below, depicts a schematic diagram of a
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`wireless location-based services system. Id. at col. 4, ll. 41–43.
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`
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`Figure 2 illustrates location-based services system 200, including LM 214
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`(also referred to as LFS 214), which operates to receive inputs from multiple
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`LFEs 202, 204, and 206, and provide location outputs to multiple
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`applications 226, 228, and 230. Id. at col. 6, ll. 30–35. LFEs 202, 204, and
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`206 may be based on different technologies, and may provide different types
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`of location information, in different data formats with different accuracies
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`based on the different signals. Id. at col. 6, ll. 35–39; see id. at col. 1, ll. 47–
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`51; col. 5, l. 24–col. 6, l. 18; col. 6, l. 40–col. 7, l. 29; Figs. 3a–3e. Each of
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`LFEs 202, 204, and 206 output location information to its respective LFC3
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`208, 210, and 212, which collect and aggregate raw location information
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`data into a standard format, and send the data to location cache (LC) 220 of
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`LM 214 (or LFS 214) for storage. Id. at col. 7, ll. 31–33, 42–44, 56–57; col.
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`8, ll. 23–24. The stored standardized information can be used to perform
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`multiple input analyses, for example, velocity 216, multi-input processing
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`217, and tracking 218. Id. at col. 8, l. 34–col. 10, l. 57; Figs. 4–5. Location-
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`based services system 200 further includes wireless location interface (WLI)
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`224 that allows wireless location applications 226, 228, and 230 (e.g., 911,
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`vehicle tracking, location-based billing programs) to access selectively
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`information stored in LC 220 or prompt one or more of LFEs 202, 204,
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`and/or 206 to initiate a location determination. Id. at col. 10, ll. 58–63; see
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`Figs. 7, 8; col. 11, l. 58–col. 12, l. 31. WLI 224 provides a standard format
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`for submitting location requests to LM 214 (or LFS 214) and receiving
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`responses from LM 214 (or LFS 214) independent of the location finding
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`technologies employed. Id. at col. 10, ll. 63–66. “In this manner, the
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`applications can make use of the best or most appropriate location
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`information available originating from any available LFE source without
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`concern for LFE data formats or compatibility issues.” Id. at col. 10, l. 66–
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`col. 11, l. 3.
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`3 Fitch does not provide a meaning of the acronym LFC. Resolving the
`meaning of LFC is not essential to this Decision.
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`b. Claims 1–3, 11–14, 16, and 19
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`
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`Independent claim 1 recites “said location determination system is
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`arranged to determine an appropriate one of the plurality of remote tracking
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`systems.” Petitioner makes the following general assertions: (1) Fitch
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`describes a location determination system, based on LFS 116; and (2) Fitch
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`describes a plurality of remote tracking systems, based on LFEs 104, 106,
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`108, 110, 202, 204, and 206. Pet. 36–38 (citing Ex. 1004; Abs.; Figs. 1, 2,
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`6–9; col. 5, ll. 1–4, 19–22; col. 6, ll. 30–39). Petitioner further asserts that
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`Fitch describes the aforementioned claim recitation based on the following
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`descriptions in Fitch:
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`
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`[a]n important aspect of the present invention relates to the
`operation of the LM 214 to receive inputs from multiple LFEs
`202, 204 and 206 and provide location outputs to multiple
`applications 226, 228 and 230. In accordance with the present
`invention, the LFEs 202, 204 and 206 may be based on
`different technologies, and may therefore provide different
`types of location information, in different data formats, with
`different accuracies based on different signals.
`. . .
`a wireless location interface (WLI) 224 that allows wireless
`location applications 226, 228 and 230 to selectively access
`information stored in the LC 220 or prompt one or more of
`LFEs 202, 204 and/or 206 to initiate a location determination.
`. . . In this manner, the applications can make use of the best or
`most appropriate location information available originating
`from any available LFE source without concern for LFE
`dependent data formats or compatibility iss