HME Electronics, Inc.
`HJVIE Electronics, Inc.
`Exhibit 1014
`Exhibit 1014
`
`APP3172
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1 Filed 03/02/12 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`Civil Action No.
`
`la'5S: srr-r'l/rsP
`
`JURY TRIAL DEMANDED
`
`) ) ) ) ) ) ) ) ) ) ) )
`
`3M COMPANY and
`3M INNOVATIVE PROPERTIES
`COMPANY,
`
`Plaintiffs,
`
`VS.
`
`HM ELECTRONICS, INC.,
`
`Defendant.
`
`COMPLAINT
`
`This is a complaint for patent infringement arising under the patent laws of
`
`the United States. Plaintiffs 3M Company and 3M Innovative Properties
`
`Company state and allege the following as their complaint:
`
`THE PARTIES
`
`1 .
`
`Plaintiff 3M Company is incorporated under the laws of Delaware
`
`and has a principal place of business at 3M Center, Saint Paul, Minnesota 55133-
`
`3427.
`
`2.
`
`3M Company is in the business of manufacturing and selling many
`
`different types of products, including wireless intercom systems such as those used
`
`in drive-thru ordering locations of quick service restaurants.
`
`*\f, {i_i"F,,.i+";
`f,/fifi -, '"
`( /ull
`''
`
`APP3173
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1 Filed 03/02/12 Page 2 of 6
`
`3. Plaintiff 3M Innovative Properties Company ("3M IPC") is
`
`incorporated under the laws of Delaware and has a principal place of business at
`
`3M Center, Saint Paul, Minnesota 55133-3427.
`4.
`
`3M IPC is engaged in, among other things, obtaining, managing and
`
`licensing intellectual property rights, including patents, for the benefit of 3M
`
`Company.
`5. Upon information and belief; Defendant HM Electronics, Inc.
`
`("HME"), is incorporated under the laws of California and has a principal place of
`
`business at l4ll0 Stowe Drive, Poway, California 92064.
`6. HME manufactures, offers for sale, and sells wireless intercom
`
`systems in competition with 3M.
`
`JURISDICTION
`7. This is an action for patent infringement arising under the Acts of
`
`Congress relating to patents, 35 U.S.C. $$ 271, 281-285.
`8. This Court has jurisdiction under 28 U.S.C. $$ 133l, 1332, and
`
`1338(a).
`
`9.
`
`This Court has personal jurisdiction over HME by virtue of its
`
`continuous and systematic contacts with the State of Minnesota, and its knowing
`
`and purposeful distribution, offers to sell, and sales of wireless intercom systems
`
`and associated products that infringe the 3M IPC patents at issue in the State of
`
`Minnesota. For example, HME has knowingly and purposefully distributed the
`
`products at issue to restaurants located in Minnesota.
`
`APP3174
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1 Filed 03/02/12 Page 3 of 6
`
`10. Venue in this District is proper under 28 U.S.C. $ 1400(b) and28
`
`u.s.c. $ 1391.
`
`Count I: Patent Infringement
`1 1. On October 6,2009, United States Patent No. 7,599 ,679 ("the'679
`
`patent") entitled "Remotely Configurable Wireless Intercom System for an
`
`Establishment" was duly and legally issued to Plaintiff 3M IPC as assignee of the
`
`inventor, Steven T. Awiszus. A copy of the '679 patent is attached to this
`
`Complaint as EXHIBIT A.
`12. The'679 patent relates to wireless intercom systems.
`13. 3M IPC is the owner of the entire right, title, and interest inthe'679
`
`patent.
`
`14. 3M Company is the exclusive licensee of the'679 patent.
`15. Defendant HME has infringed the '679 patent by manufacturing,
`
`offering for sale, selling, and/or importing products, such as its ion/IQrM Drive'
`
`Thru Headset Systems, covered by one or more claims of the '679 patent.
`16. Plaintiffs have suffered irreparable harm due to Defendant HME's
`
`infringement of the '679 patent, and will continue to suffer irreparable harm in the
`
`future, unless Defendant HME is enjoined from further infringement of the'679
`
`patent.
`
`Count II: Patent Infringement
`17. On August23,20ll, United States Patent No. 8,005,455 ("the'455
`
`patent") entitled "Remotely Configurable Wireless Intercom System for an
`
`APP3175
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1 Filed 03/02/12 Page 4 of 6
`
`Establishment" was duly and legally issued to Plaintiff 3M IPC as assignee of the
`
`inventor, Steven T. Awiszus. A copy of the '455 patent is attached to this
`
`Complaint as EXHIBIT B.
`18. The '455 patent relates to wireless intercom systems.
`19. 3M IPC is the owner of the entire right, title, and interest in the '455
`
`patent.
`
`20. 3M Company is the exclusive licensee of the '455 patent.
`21. Defendant HME has infringed the '455 patent by manufacturing,
`
`offering for sale, and/or selling products, such as its ion/IQrM Drive-Thru Headset
`
`Systems, covered by one or more claims of the '455 patent.
`22. Plaintiffs have suffered irreparable harm due to Defendant HME's
`
`infringement of the '455 patent, and will continue to suffer irreparable harm in the
`
`future, unless Defendant HME is enjoined from further infringement of the '455
`
`patent.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffs pray for the following relief:
`a.
`
`A judgment that Defendant HME has infringed U.S. Patent Nos.
`
`7,599,679 and 8,005,455;
`b. A preliminary injunction enjoining and restraining Defendant HME,
`
`its officers, directors, agents, servants, employees, attomeys and all others acting
`
`under or through it, directly or indirectly, from infringing U.S. Patent Nos.
`
`7,599,67 9 and 8,005,45 5 ;
`
`4
`
`APP3176
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1 Filed 03/02/12 Page 5 of 6
`
`c. A permanent injunction enjoining and restraining Defendant HME,
`
`its officers, directors, agents, servants, employees, attorneys and all others acting
`
`under or through it, directly or indirectly, from infringing U.S. Patent Nos.
`
`7,599,679 and 8,005,455;
`d. A judgment and order requiring Defendant HME to pay all
`
`appropriate damages under 35 U.S.C. $ 284, including treble damages if any of the
`
`infringement is determined to be willful, with prejudgment interest;
`
`A judgment and order requiring Defendant HME to pay the costs of
`
`this action, including all disbursements, and attorney fees if this case is
`
`exceptional as provided by 35 U.S.C. $ 285, with prejudgment interest; and
`
`f.
`
`Such other and further relief that this Court may deem just and
`
`equitable.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiffs hereby demand atrial by jury of all issues triable by jury.
`
`Plaintiffs 3M COMPANY and
`3M INNOVATIVE PROPERTIES COMPANY
`
`By their attorneys,
`
`s/Timothy A. Lindquist
`Alan G. Carlson (MN Reg. No. 14,801)
`Timothy A. Lindquist (MN Reg. No. 245,318)
`Todd S. Werner (MN Reg. No. 033019X)
`Peter M. Kohlhepp (MN Reg. No. 390,454)
`CARLSON, CASPERS, VANDENBURGH &
`LINDQUIST
`225 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`
`APP3177
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1 Filed 03/02/12 Page 6 of 6
`
`Telephone : (612) 43 6.9 600
`Facsimile: (612) 436.9605
`acarlson@ccvl.com
`tlindquist@ccvl.com
`twerner@ccvl.com
`pkohlhepp@ccvl.com
`
`APP3178
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1-1 Filed 03/02/12 Page 1 of 18
`
`ilil|| il|l||ll il1 ililr ilill lllll llill lllll lllll llill lllll llllll llll llll lll
`us00759967982
`
`(r2) United States Patent
`Awiszus
`
`1ro; Patent No.: US 7,599,679B.2
`1e1 Date of Patent:
`Oct. 6, 2009
`
`(54) REMOTELY CONFIGURABLEWIRELESS
`INTERCOM SYSTEM FOR AN
`ESTABLISIIMENT
`(75) Inventor: Steven T. Awlszus, Woodbury, VfN GJS)
`(73) Assignee: 3MlnnovativePropertiesCompany,
`St. Paul, MN (US)
`
`( * ) Notice:
`
`Subject to any disclaimer, the term ofthis
`patent is extended or adjusted under 35
`U.S.C. l54O) by 566 days.
`(21) Appl. No.: 111276,048
`(22) Filed: Feb.10,2006
`(65)
`Prior Publicatlon Data
`US2007/0190966A1 Aug.16,2007
`(sl) Int. Cl.
`H04Q 7/20
`(2006.01)
`(52) U.S. Cl.
`4551403;455173;4ss1569.1;
`455/63
`(58) Fleld ofClasslficadon Search
`4551419,
`455/ 63 .1 , 57 5 .2, 569 .1
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCIjMENTS
`5,321,848 A
`6/1994 Miyahira et al.
`5.721.7tJ A * 71998 Anderson ................... 381/328
`6,435,406 Bl
`8/2002 Pentel
`6,574,603 Bl
`6/2003 Dicksonetal.
`6.856.817 82 | 22005 Tischler
`6,993,292 BZ
`l/2006 Sabongietal.
`2003/0134666 Al
`7/2003 Fletcheretal.
`
`455/569.1
`
`2003/0162504 Al
`8/2003 Sabongi et al.
`2003102W147 AL 10/2003 Sabongi et al.
`200310225622 Al
`l2l2003 Doan
`2004/0116071 Al
`6/2004 Hall
`2004/0158499 Al
`8/2004 Devetal.
`2005/0004843 Al
`l/2005 Heflir
`200510059414 Al
`3/2005 Mahmoodietal.
`2005/0135458 Ali
`6/2005 Gravesetal. ............... 375/130
`200510277410 Al
`l?2005 Ismail et al.
`2006/0030269 A1+ 2/2006 Sabongietal. ............ 455163.1
`200610041482 AL 72006 Awiszusetal.
`2006/0045063 Al
`3/2006 Sta.nford et al.
`* cited by sxamiasl
`Primary Emminer-David Q Nguyen
`Q4) Anorney, Agent, or Firm--David B. Patchett
`
`ABSTRACT
`(57)
`A remotely configurable wireless intercom system and
`method for an establishment having a staff. A base station is
`connectable to a wide area communication network. A plu-
`rality of headsets are in two-way wireless communication
`with the base station. Wireless communication between each
`of the plurality of headsets and the base station are confg-
`umble with at least one pammeter being adjustable by the
`staffof the establishment. The parameter is remotely review-
`able and being remotely adjustable via the wide area commu-
`nication nefwork. Also disclosed is a method of providing a
`remotely configurable wireless intercom system. Wireless
`communication is configured between each ofthe plurality of
`headsets andthebase stationwithat least oneparameterbeing
`adjustable by the staffof the establishment. The parameter is
`remotely reviewed and adjusted via the wide area communi-
`cation network. A parameter is reviewable and may be
`remotely reset via the wide area communication netwod<,
`oarticularlv if a fault condition exists.
`
`30 Claims,3 Drawing Sheets
`
`a.
`___l_
`I rBmphb
`l:lt-l
`
`I
`
`l-l
`
`a-12
`
`a
`
`i'st*-t /v /)
`| sbtbn
`:-
`I hro'y
`--T- \l'rl""l_.,
`l:lt-l
`
`I
`
`I
`
`/f
`
`,-..-.-.---....--.-...-.J....-.
`
`APP3179
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1-1 Filed 03/02/12 Page 2 of 18
`
`U.S. Patent
`
`Oct. 6,2009
`
`Sheet I of3
`
`us 7,599,679 B2
`
`22
`
`_{
`remnrate
`I
`
`,
`
`I
`
`t__-l
`t_-l
`
`t/12
`
`\
`
`10
`/.
`
`Template
`
`Ffg" I
`
`APP3180
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1-1 Filed 03/02/12 Page 3 of 18
`
`IJ.S. Patent
`
`Oct.6,2009
`
`Sheet 2 of3
`
`us 7,599,679 B2
`
`Configure Wireless
`Communicat!on
`
`Wirelessly
`Communicate
`
`trilonitor
`Communication
`
`Flemotely Review
`Comnnunication
`Parameters
`
`Remotely Adjust
`Cornrnunication
`Parameters
`
`130
`
`132
`
`.l
`
`34
`
`36
`
`1
`
`Gonfigure Wireless
`Communication M
`Parameters
`
`Save Parameters
`
`Remotely Recall
`Parameters
`
`Wirelessty
`Communicate
`Fdg. $
`
`APP3181
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1-1 Filed 03/02/12 Page 4 of 18
`
`U.S. Patent
`
`Oct. 6,2009 Sheet 3 of 3
`
`us 7,599,679 82
`
`'l 50
`
`52
`
`1
`
`,1
`
`54
`
`Configure Wireless
`Communication
`
`Rentotely Rev[ew
`Gornmunication
`Paramsters
`
`Deternrlne lf Fault
`Gorrdltion Exists
`
`{5
`
`n
`
`Reset
`Parameteris)
`
`ff;f,gl. 4
`
`APP3182
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1-1 Filed 03/02/12 Page 5 of 18
`
`us 7,599,679 B2
`
`2
`intercom system to function well and reliably. Such intercom
`systems can, over time, either tbrough changing conditions,
`personnel, inappmpriate adjustment, for example, become
`unreliable and/or inoperable.
`Adding to the difrculty in establishing and maintaining a
`reliable and effective intercom system, is tbat establishment
`utilizing such intercom systems have become ubiquitous in
`many geographic areas, including communities in which
`highly-skilled personnel trained in tbe maintenance and
`repair ofsuch inrerroms are non-existent. Such personnel caa
`often be located a considerable distance away from the site of
`the establisbment, often a number of hours apart. Any failure
`or other inoperability ofthe intercom system in such a geo-
`graphic location could result in a sigpificant downtime for the
`intercom system and for the establishment to obtain a signifi-
`cant portion of their revenue until the such time as a mainte-
`nance and/or repair penon can travel to the establishment.
`Even if the establishment is not distant from the location of
`service personnel, sending service personnel on a service call
`results in a significant expense, both in terms of money but
`also in the time expended to perform any required repair.
`
`BRIEF SUMMARY OF THE I}NGNTION
`
`Aspects ofthe present invention allow the intercom system
`ofan establishment to be remotely adjustedby a technician or
`other user without the need for such techmcia! or other user
`to be dispatched to the establishment itself, saving both a
`considerable amount of both time and money.
`A technician, or other user, may access the intercom sys-
`tem, for example, via the intemet, from great distances and
`may be able to immediately remedy any of a number of
`adjustuent-based issues. Further, the intercom system itself
`may be able to self-report fault conditions, such as errors in
`hardware, errors in software and erron in adjustrnent, for
`example, or warn of possible service needs at the time of or
`prior to system failure.
`This is ofgreat value to the establishment as it may prevent
`costly downtime to the establishment.
`In an embodiment, the present invention provides a
`remotely configurable wireless intercom system for an estab-
`lishment having a staff. A base station is connectable to a wide
`area communication network. A plurality of headsets are in
`two-way wireless cornmunicatiou with the base station. Wire-
`less communication between each of the plurality of headsets
`and the base station are configurable with at least one param-
`eter being adjustable by the staff of the establishment. The
`parameter is remotely rwiewable and being renootely adjusl-
`able via the wide area communication network.
`In an embodiment, the present invention provides a method
`ofproviding a remotely configurable wireless intercom sys-
`tem for a establishment having a staf{ having a base station
`connectable to a wide area cornsrunication network and hav-
`ing a plwality of headsets in two-way wireless communica-
`tion with the base station. Wireless communication is config-
`ured between each of the plurality of headsets and the base
`station with at least one parameter being adjustable by tbe
`staff of the establishment. The parameter is remotely
`reviewed and adjusted via the wide area communication net-
`work.
`In an embodiment, the system also includes a plurality of
`paxameters, at least one ofthe plurality ofparameters beirg
`adjustable by the staff of the establishment. The plurality of
`parameters are remotely adjustable via the wide area commu-
`nication network.
`In an embodiment, the plurality of parameters are grouped
`into a template of parameters.
`
`I
`REMOTELY COT{FIGURABLE WIRELESS
`INTERCOM SYSTEM FORAII
`ESTABLISHMENT
`FIELD OF TTIE II.I\aENTION
`
`5
`
`The present invention is generally related to wireless iater-
`com systems and more particularly, to wireless intercom
`systems for co-mercial establishments.
`BACKGROIjND OFTHEII.IVENTION 10
`
`It is common for establishments, such as retail establish-
`ments, and particularly restaurants, to facilitate drive-up cus-
`tomers with drive-up lanes and windows to service the cus- ts
`tomer. A customer will typically drive up to a metru/order
`board and communicate the customer's wishes from the
`vehicte to staff, including an order taker, inside the retail
`establisbmenl. The customer, still in the vehicle, will then
`proceed to one or more windows in order to pay for the zo
`purchase, ifrequired, and pick up the merchandise.
`An intercom system can facilitate communication within
`and around the establishment, particularly between the occu-
`pant of the vehicle, the customer, and the staff inside the
`establishment. Ina "quick service" restaurant situation, a post zs
`mounted speaker and microphone, located near a menu
`board, is hard wired to an intercom base station located inside
`the restaurant. The base station can wirelessly communicate
`with a portable device worn by an order taker, The portable
`der/ice is typically a transceiver wom as a belt pack and an Eo
`accompaniedwired headset. Altematively, in some instances,
`the portable device is self-contained on a wearable headset
`eliminslilg 16s aeed for a belt pack. The order taker typically
`listens continually to the post mouoted microphone and
`presses a button in order to speak to the vehicle occupant as 35
`needed.
`ln many systems and methods of ordering items from an
`establishment from a drive-up or drive-thru faciliry the order
`is orally communicated directly from the post-mounted
`speaker and microphone to an order taking facility, typically ao
`a drive-thru order specialist wearing a headset, in tbe estab-
`lishment. The order specialist or others, then collect the
`ordered item or items and handle the transaction with the
`customer at a drive-up window, taking money for the ordered
`item, making change and handing the order to the customer. 4s
`The drive-thmugb ordering system is vitally important for
`a quick service restaurant. In some quick service restaurants,
`the drive-through is sixty percent (607o) ormore ofthe rev-
`enue ofthe establishnent. Thus, there is a great need for a
`reliable intercom system for use, for o<ample, io o5gining 50
`orders from the drive-through facility. Ifthe intercom system
`dorelops a fault, becomes mal-adjusted or otherwise mal-
`functions, the establishment may be unable to process orders
`from the drive-through facility not only preventing the estab-
`lishment from booking the revenue which otherwise would ss
`have been obtained but also potentially alienating customers.
`While systems and methods have been dweloped in which
`the order taking process is moved of-site from the establish-
`ment, for example, U.S. Patent Application Publication No.
`V520031O225622, Doan, entitled "Metbod and System For oo
`Entering Orders of Customers," such systems nxay not pre-
`vent a problem locally associated with the intercom system of
`the establishrnent from disrupting communication.
`Furthermore, many intercom systems utilize wireless tech-
`niques to facilitate communication among staffof the estab- os
`lishment. Such wireless intercom systems can have panm-
`eters, zuch as volume or gain, which affect the ability of the
`
`APP3183
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1-1 Filed 03/02/12 Page 6 of 18
`
`us 7,599,679 92
`
`5
`
`10
`
`t5
`
`20
`
`35
`
`45
`
`In an embodiment, the template is saved for future recall.
`In an embodiment, the template is saved locally at the
`establishment.
`In an embodiment, the template is saved to a location
`remote from the establishment.
`ln an embodiment, the plurality of parameten may be
`restored from the template prwiously stored.
`In an embodiment, the plurality of parameters may be
`remotely restored from the template previously stored
`remotely from the establish-ent.
`In an embodiment, the template is derived fiom another
`establishment.
`ln an embodiment, the template of the plurality of param-
`eters is established in conjunction with installation of the
`wireless intercom system and is saved.
`In an embodiment, the template of the plurality of param-
`eters established in conjunctionwith installation is recalled at
`a point in time following the installation.
`-
`ln an embodiment, the template of the plurality of param-
`eters is established as a factory default.
`In an embodiment, the template of the plurality of param-
`eters established as default is recalled at a point in time
`following establi sbment.
`In an embodiment, wireless communication is established - -
`between an ordering point and at least one ofttre plurality of 25
`headsets.
`In an embodiment, a remote facility moniton communica-
`tion on the wireless intercom system.
`ln an embodiment, the parameter is adjusted by the remote ?o
`facility in response to monitoring of communication of the -'
`wireless intercom system.
`ln an embodiment, the establishment comprises a quick
`service restaurant,
`ln an embodiment, the parameter is an audio level.
`ln an embodiment, the present invention provides a
`remotely configurable wireless intercom system for an estab-
`lishment having a staff. A base station is connectable to a wide
`area communication network. A plurality of headsets are in
`two-waywireless communication withthe base station. Wre- 4s
`less communication between each ofthe plurality of headsets
`and the base station is configurable with at least one param-
`eter being remotely reviewable via the wide area communi-
`cation network. The parameter is remotely re-settable via the
`wide area communication network
`In an embodimen! the present inventionprovides a method
`ofproviding a remotely configurable wireless intercom sys-
`tem for a establishment having a staff, having a base station
`connectable to a wide area communication network and hav-
`ing a plurality of headsets in two-way wireless communica- 5e
`tion with the base station. Wreless communication is confg-
`ured between each ofthe plurality ofheadsets and the base
`station. At least oDe parameter is remotely reviewed via the
`wide area communication network. It is remotely determined
`if a fault condition exists with the plurality of parameters. If a 55
`fault condition exists, the parameter is reset to a predeter-
`mined value via the wide area communication network.
`ln an embodiment, the parameter is reset upon the detec-
`tion of a fault condition via the wide area communication
`network.
`ln an embodiment, the parameter is adjustable by the staff
`o1,6"
`
`60
`
`"rg!!ishment.
`BzuEF DESCRIPTION OF THE DRAWINGS
`
`FIG. I is a block diagram of the fimctional components of
`an intercom system;
`
`65
`
`4
`FIG. 2 is flow chart illustrating monitoring of intercom
`communications and remote adjustment of intercom system
`parameters;
`FIG. 3 is a flow chart illustrating stomge ofand subsequent
`recall ofintercom system parameters; and
`FIG. 4 is a flow chart illustrating remote review of intercom
`system fault conditions and remote resetting of such param-
`eters.
`
`DETAILED DESCRIPTION OF THE ]NVENTION
`
`Intercom systems, e.g., wireless intercom systems, used at
`establisbments, e.g., quick service restaurants, typically can
`have seryeral parameters which govem the operation ofthe
`intercom system.
`As shown inFIG. 1, establishmentl0 is servedby intercom
`system 12. Base station 14 communicates wirelessly with a
`plurality ofheadsets 16a,16,. . .16n. Headsets 16a,16,.. .
`162 are wom by personnel, or staffof establishment 10 and,
`in a preferred embodiment can be used by such personnel to
`receive orders taken from a drive-tbrough facility (not
`shown). At least one ofthe staffmembers communicates with
`a customer in the drive-through facility to obtain an order
`from the customer. This staffmembers may be wearing, and
`communicating througla one ofheadsets l6a,l6, . . . l6n or
`may be in wired communication with base station 14. Other
`staff members will wear headsets l6a, 16,. . . 16z or the
`lsm3ining ones of headsets l6a, 16, , . . l6n, primarily to
`listen, or monitor communication between the customer and
`staffmember taking the order.
`Intercom system 12 at establishment 10, e.g., a quick ser-
`vice restau?nt, has several parameters which govern the
`operation ofthe system. For example, each ofheadsets l6c,
`16, . . . l6n can be in firll duplex communication with base
`station 14 and each ofheadsets 16a, 16, . . . 76n may bave a
`receive audio level. or volumq and/or a transmit audio level
`associated with it. Separate volume, or gain, controls, may be
`available to each of headsets l6a, 16, . . . l6n for each
`direction of communication. Many otherparameten are also
`possible, such as lane assignment, receive volume, transmit
`volume, master volume for a speaker associated with the
`drive-through facility, individual volume for each channel
`received by the fuive-through faciliry base station receive
`volume, base station transmit volumg page, greeter, vehicle
`detection aler! vehicle approaching alert, for sx^mples.
`Many, if not all, of these parameters may be available to one
`or more staff members for individual adjustmenl.
`It is recognized, howwer, that an intercom system 12
`involving a drive-through facility, drive-tbrough lane, a base
`station 14 and potentially, several headsets 16a, 16, . . . 162
`with each unit located in a potentially unique environment
`and unique conditions can be complex to set up and adjust
`properly. Failue to perform proper set-up and balance could
`result in unsatisfactory operation, e.g., resulting in annoying
`feedback and/or instability perhaps making communication
`difficult, if not impossible. Providing a staffmember or staff
`members with adjustment contml of at least one parameter,
`e.g., volume of their headset 16, is desirable to take into
`account individual speaking patterns and hearing capabili-
`ties. Howwer, it is possible for individual adjustnents to
`tbrow the balance of intercom system 12 and, possibly, to
`render it unstable and/or unusable.
`Since the location of the establishment 10 may be a sig-
`nificant distance geographically from tbe location ofa quali-
`fied service technician, it may take a considerable amount of
`time for such service techsician, once surnmoned, to arrive at
`the location of establisbment 10 in order to begin repairs. In
`
`APP3184
`
`

`
`CASE 0:12-cv-00553-SRN-JSM Document 1-1 Filed 03/02/12 Page 7 of 18
`
`us 7,599,679 B2
`
`5
`
`5
`somecasesestablishment 10 maybe locatedhours away from
`a service techrician. Even ifestablishment l0 is not located a
`significant distance Aom a qualified service tecbnician, send-
`ing a service technician on-site to perform a repair can still be
`a significant expense in terms of botb time and money.
`However, intercom system 12 allows personnel from estab-
`lishment 10 to call a technical senice facility 18 located
`remotely from the location of establisbment 10.
`Howwer, a technical service facility 18 located remotely
`from the location of establisbment 10 may be alerted by to
`personnel of establishment 10, automatically or by other
`means, to access the parameters controlling intercom system
`12 remotely via a wide area network 20, such as by way of the
`internet. The service tecbnician may be able to access the
`parameters associated with intercom system 12, review the ts
`parameters of intercom system 12, and potentially make
`adjustments to the parameters to place intercom system 12
`back in operation or to improve the operation of intercom
`system 12.
`The service technician may be able to resolve the issue with 20
`intercom system 12 quickly without a need to dispense a
`service technicianto the site of establishment 10. Ifthe site of
`establisbment 10 is remote, many hours of establishment
`down time may be saved perbaps even a day if it is necessary
`to fly or otherwise transport a service techrician to a very 25
`remote site. Even if the site of establisbment is not remote, a
`service technician may be able to service many more estab-
`lishments and solve rnarly more issues more efficiently by
`making remote adjusments tban by incurring site visits.
`Remote adjustrnent ofparameters of intercom system 12 may :o
`minimize, or eliminate altogether, service intemrption by
`establishment 10.
`It is to be recogrized and understood that one or more than
`one parameter of intercom system 12 may be accessed,
`rwiewed and, potentially, modified or adjusted. One param- rs
`eter, e.g., the master volume of intercom system L2, may be
`the only parameter reviewed and/or adjusted. On the other
`hand, it is also contemplated that multiple parameters may be
`rwiewed and one or more of the parameters reviewed may be
`adjusted. For example, the volume levels of all of headsets +o
`16 a, 16,. . . I 6z may be rwiewed. Following review, it may be
`necessary to adjust the volume level of a single headset 16,
`say headset 16a, or it may be desirable to adjust the volume of
`more than one or all ofheadsets 164, 16, . . . l6n.
`Since multiple parameters may be irwolved in the setting +s
`up, adjusting and balancing of intercom system 12 and
`because one parameter may have an effect on other aspects of
`the intercom system, it may be desirable to form multiple
`parameters into parameter sets. A given set of parameten for
`intercom system 12 may form a template 22, i.e., a set of so
`parameters for intercom system 12 that, when implemented
`will give rise to a particular operational characteristic for
`intercom system 12. For example, known settings forparam-
`eters which provide for a panicular response or performance
`of intercom system 12 orwhichmay tlTically eliminate com- 55
`mon issues associated withmaladjustment of parameters may
`be formed as a template. Such a template of parameters may
`be utilize4 for example, either in a later point in time in the
`same establishment or another establishment having a similar
`intermm system 12 or a similar facility, structure and./or oo
`layout.
`lndividual paramete$ or a template 22 or templates of
`parameters may be saved or stored for later recall. Template
`22 may be saved to memory 24 located locally with respect to
`establishment 10. Once saved inmemory Z4,trmplate22,or as
`one of a plurahty of templates 22, may be recalled later to
`reset intercom system 12 or to bring about a desired change of
`
`6
`operational parameters. Ifintercom system 12 parameters are
`adversely adjustd then a previously stored template may be
`recalled from memory 24 and utilized to provide a new opem-
`tional guidebook for intercom system 12. In particular, a
`service technician, located remote from the location ofestab-
`lishment 10, may access memory 24 and recall a template 22
`previously stored and make the parameters associated witb
`that template 22 active, Additionally, a remotely located ser-
`vice tech.nician may recall a prwiously stored template 22
`from memory 24 and then, perhaps, make further adjustments
`or modifications to one or more individual parameters in
`order to improve or optimize the performance characteristics
`of intercom system 12.
`It is also contemplated that parameters for establishment
`10 may be stored remotely finm establishment 10. For
`example, the same wideband communication network allow-
`ing a service tech:rician at remote facility 18 to access pamm-
`eters of intercom systern 12 may also or altematively used to
`transmit parameters, preferably in a template 22, to remote
`facility to be saved or stored in memory 26. Such parameters
`or templates 22 may be subsequently recalled as discussed to
`bring about an operational scheme for intercom system 12 as
`discussed above with respect to locally stored parameters
`and/or templates 22. Further, memory 26 associated with
`remote facility 18 may be used to store a template or tem-
`plates 22 whichmay apply to more than one of establisbments
`such as establishment 10. For example, a particular brand or
`chain of establishment may store a ternplate 22 tbat may be
`pertinent for a "standard" quick service restaurant ofwhich
`many may be constructed in diferent locations. Thus stored"
`it would be relatively easy for a service technician to recall the
`template 22 in order to initially setup and make intercom
`system 1.2 operational in a new location or a new establish-
`ment meeting that brand's or chain's "standard" layout. As
`above, of course, the service technician may fine tune the
`operational parameters for intercom system 12. However, the
`standard template 22 may have provided the service techni-
`cian with a substantial head stad and made the eutire process
`easier and faster. It is to be recognized and understood that
`while memory 26 is illustrated connected directly to remote
`facility 18, that memory 26 may also be remote, not only from
`establishment 10, but also from remote facility 18.
`Memory 26 may be physically located in remote facility 18
`or may be located elsewhere and accessed by remote facility
`18 remotely.
`Communication occuring on intercom system 12 may be
`monitored by other personnel in or associated with establish-
`menl 12, either by listening through base station 14 or one or
`more of headsets l6a, 16, , . . l6n,In the alternative or in
`additioq personnel associated with remote facility 18 may
`monitor communication occurring on intercom system 12,
`particularly communication used in receiving orders fr,om
`customers. Such personnel associatedwith remote facility 18,
`in addition to performing normal quaiity control of ordering
`functions, may also analyze the quality of the communica-
`tions and may preemptively access parameters associated
`with intercom system 12 and adjust or modify such param-
`eters, if desired to maintain or improve the operational char-
`acteristics of inlercom system 12. In this case, personnel
`associated with establishment 10 do not need to reguest assis-
`tance from a service techuician and may not even know tbai a
`service technician from remote facility 18 performed service
`on intercom system 12.
`FMher, intercom system 12 may contain hardware and/or
`software used for the purpose ofdetermining ifa fault con-
`dition o<ists, i.e., that it is desired that a service technician
`inspect intercom