throbber
IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAW ARE
`
`C.A. No. 12-030-RGA
`
`CONFIDENTIAL –
`FILED UNDER SEAL
`
`C.A. No. 12-032-RGA
`
`C.A. No. 12-033-RGA
`
`)
`
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`
`M2M SOLUTIONS LLC,
`
`Plaintiff,
`
`v.
`
`SIERRA W IRELESS AMERICA,INC. and
`SIERRA W IRELESS,INC.,
`
`Defendants.
`
`M2M SOLUTIONS LLC,
`
`Plaintiff,
`
`v.
`
`ENFORA,INC.,NOVATELW IRELESS
`SOLUTIONS,INC.,and NOVATEL
`W IRELESS,INC.,
`
`Defendants.
`
`M2M SOLUTIONS LLC,
`
`Plaintiff,
`
`v.
`
`MOTOROLA SOLUTIONS,INC.,TELIT
`COMMUNICATIONS PLC,and TELIT
`W IRELESS SOLUTIONS INC.,
`
`Defendants.
`
`DECLARATION OF MARC N. HENSCHKE IN SUPPORT OF
`PLAINTIFF’S ANSW ER TO DEFENDANTS’MOTION FOR
`RECONSIDERATION OF THE COURT’S CLAIM CONSTRUCTIONS
`OF “PROCESSING MODULE”AND “PROGRAMMING INTERFACE”
`
`1
`
`M2M
`Ex. 2004
`
`

`
`I,MARC N. HENSCHKE,state and declare as follows:
`
`1.
`
`Iam an attorney with the law firm of Foley & Lardner LLP,counsel of
`
`record for the named Plaintiff M2M Solutions LLC (“M2M”)in the above-referenced
`
`actions. Isubmit this Declaration in support of M2M’s Answer To Defendants’Motion
`
`For Reconsideration Of The Court’s Claim Constructions Of “Processing Module”And
`
`“Programmable Interface”Based On The Federal Circuit En Banc Decision In
`
`Williamson V. CitrixOnline that was jointly filed by the named Defendants in the above-
`
`referenced actions on July 10,2015. Ihave personal knowledge of all of the facts stated
`
`herein and,if sworn as a witness,Icould and would testify competently thereto.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of United States
`
`Patent No. 8,094,010 (the “‘010 patent”).
`
`3.
`
`Attached hereto as Exhibit 2is a true and correct copy of an Applicant’s
`
`Response To Office Action dated September 4,2008that has been excerpted from the
`
`file wrapper for U.S. Patent Application No. 11/329,212,which is a parent application to
`
`the ’010 patent.
`
`4.
`
`Attached hereto as Exhibit 3is a true and correct copy of excerpts from
`
`the deposition transcript for the deposition of Dr. Kevin J. Negus taken in certain of the
`
`above-referenced actions on May 22,2015.
`
`5.
`
`Attached hereto as Exhibit 4is a true and correct copy of the Expert
`
`Report Of Dr. Seth James Nielson On The Invalidity Of U.S. Patent No. 8,094,010
`
`(without exhibits)served in the C.A. No. 12-033-RGA action on May 5,2014.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of the Response Of
`
`Dr. Seth James Nielson To The Expert Report Of Dr. Alon Konchitsky (without exhibits)
`
`served in the C.A. No. 12-033-RGA action on August 4,2014.
`
`2
`
`2
`
`M2M
`Ex. 2004
`
`

`
`7.
`
`Attached hereto as Exhibit 6is a true and correct copy of the Expert
`
`Report Of Dr. Seth James Nielson In Rebuttal To Dr. Nettleton And Mr. Bluestein
`
`(without exhibits)served in the C.A. No. 12-033-RGA action on July 7,2014.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the first claim set
`
`filed in the underlying priority PCT application in May of 2001 excerpted from the file
`
`wrapper for U.S. Patent Application No. 10/296,571,which is a parent application to the
`
`‘010 patent.
`
`9.
`
`Attached hereto as Exhibit 8is a true and correct copy of the first claim set
`
`filed in and excerpted from the file wrapper for U.S. Patent Application No. 12/538,603
`
`which matured into the ‘010 patent.
`
`10.
`
`Attached hereto as Exhibit 9is a true and correct copy of excerpts from
`
`the Reply Expert Report Of Kevin J. Negus,PH.D. Regarding Invalidity US Patent
`
`8,094,010 served in the C.A. Nos. 12-030-RGA and 12-032-RGA actions on August 4,
`
`2014.
`
`11.
`
`Attached hereto as Exhibit 10 is a true and correct copy of excerpts from
`
`the deposition transcript for the deposition of Dr. Kevin J. Negus taken in certain of the
`
`above-referenced actions on May 21,2015.
`
`12.
`
`Attached hereto as Exhibit 11 is a true and correct copy of excerpts from
`
`the Expert Report Of Kevin J. Negus,PH.D. Regarding Invalidity Of U.S. Patent
`
`8,094,010 served in the C.A. Nos. 12-030-RGA and 12-032-RGA actions on May 5,
`
`2014.
`
`3
`
`3
`
`M2M
`Ex. 2004
`
`

`
`Ideclare under the penalty of perjury that the foregoing is true and correct and
`
`that this Declaration is executed on this 3rd day of August,2015 at Boston,
`
`Massachusetts.
`
`/s/Marc N. Henschke
`Marc N. Henschke
`
`4
`
`4
`
`M2M
`Ex. 2004
`
`

`
`EXHIBIT 1
`
`5
`
`M2M
`
`EX. 2004
`
`5
`
`M2M
`Ex. 2004
`
`

`
`US0080940l0B2
`
`(12) United States Patent
`Wesby-van Swaay
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 8,094,010 B2
`*Jan. 10, 2012
`
`(54) PROGRAMMABLE COMMUNICATOR
`
`(56)
`
`References Cited
`
`
`
`(76)
`
`_
`
`)
`
`(
`
`_
`N ti
`0 06-
`
`Inventor: Eveline Wesby-van Swaay, Tiddington
`(GB)
`“hi
`th t
`_
`1
`d_
`S b_
`S
`e ermo
`11 Jectto any ISO almer,
`patent is extended or adjusted under 35
`US“ ‘5““’) by 12‘ days"
`This patent is subject to a teiminal dis-
`claimer.
`
`(21) App]. No.: 12/538,603
`
`(22) Filed:
`
`Aug-10, 2009
`
`U,S_ PATENT DOCUMENTS
`4,465,904 A
`8/1984 Gottsegenetal.
`4,855,713 A
`8/1989 Biumus .............
`4,908,853 A
`3/1990 Matsumoto
`4,951,029 A
`8/1990 Severson ..... ..
`§’§Z§’Zi§ 2
`51332 321°“ °‘ ""
`,
`,
`wa . . . .. . .. .
`5,381,138 A
`1/1995 Stair etal.
`5,396,264 A
`3/1995 Falcone et al.
`5,548,271 A
`8/1996 Tsuchiyamaet a.l.
`(Continued)
`
`179/511
`340/505
`379/355
`340/506
`$3???
`. . . . . .. ..
`.. 340/825.44
`345/146
`340/311.1
`
`FOREIGN PATENT DOCUMENTS
`
`(65)
`
`Prior Publication Data
`US 2010/0035580A1
`Feb. 11,2010
`
`DE
`
`, 1111997
`196 25 531 C
`t
`( °n mu )
`
`Related U.S. Application Data
`(63) Continuation of application No. 11/329,212, filed on
`Jan. 10, 2006, now Pat. No. 7,583,197, which is a
`continuation of application No. 10/296,571, filed as
`application No. PCT/EP0l/05738 on May 18, 2001,
`DOW 3baf1d011ed-
`Foreign Application Priority Data
`
`(30)
`
`(
`
`)
`
`(F1)
`
`20001239
`
`May 23,2000
`51
`Int Cl
`'
`'
`(2006.01)
`G08B 1/08
`(2006.01)
`G08B 23/00
`(2006.01)
`G081} 5/22
`(2006.01)
`H04Q 1/30
`(52) U.s. Cl.
`............. 340/539.12; 340/573.4; 340/693.5;
`340/729; 340/733; 340/752
`(58) Field ofClassifieation Search ............. 340/539.12,
`340/573.4, 693.5, 7.29, 7.33, 7.52; 455/456,
`455/456.2, 418-419, 425; 379/142, 373,
`379/375
`
`OTHER PUBLICATIONS
`Az""° et al“ US’ APPL N°' 60/162349’ dated 0°‘ 28’ 1999 (21
`P335)‘
`
`Primary Exami'ner—NamV Nguyen
`(74) Attorney, Agent, or Firm — Sunstein Kann Murphy &
`T" b
`LLP
`1m cm
`
`ABSTRACT
`(57)
`A programmable communicator device is disclosed having a
`wireless communications circuit, including an antenna, con-
`.
`.
`.
`.
`.
`figured to receive a transmission, and an identity module
`.
`.
`.
`.
`.
`having a umque identifier. The programmable commumcator
`1 d
`.
`.
`d 1
`.
`1 di
`d
`furtnfiher in;u iaprocessiiiégmo u emc u mtgprogramplo e
`3"’
`1°
`‘°““‘“‘’:‘.
`°‘““‘Sm‘ss‘°"‘,5 mm *“1‘“}‘ .°"'
`°.°
`ticated caller by determimng whether a received transmission
`°°”“’“‘S the ‘““‘1“° ‘d°‘“‘fi°” and me‘“°’>’ °°“fi8“’°d 1°
`store telephone numbers or IP addresses received in transmis-
`sions from an authenticated caller.
`
`See application file for complete search history.
`
`197 Claims, 3 Drawing Sheets
`
`ACTION PERFORMED BY
`OUTGOING MESSAGE OR CALI.
`PROGRAMMABLE COMMUNICATOR
`
`
`MPRISING UNIQUE
`IDEN TIHER RECEIVES
`- Equesran DATA FROM
`- VICE ASSOCIATED Wl'|'H
`
`ATA FROM AN ASSOCIATED
`ICE AND TRANSMITS ['1'
`IO LINKED TELEPHONE OR IF
`'
`II DRESS
`
`t
`
`7
`
`8
`
`'
`
`' NKEO TELEPHONE OR IP
`NTERNEI WEB PAGE
`- D DRE55 OF IP DEVICE OR
`' ECEWE5 INFORMATION
`‘ 1 OUT THE CHANGE IN
`
`I ANGE IN STATUS OF THE
`" DGRAMMAB LE
`II MMUNICATOR CAUSES
`' ESSAGE TO BE SENT TO
`INKED TELEPHONE OR IF
`' I DRESS.
`
`- : in THE cunaenrr STATUS.
`
`NKED rrtisnmme DR 11>
`DDRES5 or IP DEVICE OR
`INTERNET wee PAGE
`.- EENE5 INFORMATION
`
`' OGFULMMABLE COMMUNICATOR
`LLECT5 INFORMATION ON
`RRENT STATUS CONDITION
`- D SENDS l'|' PERIODICALLV TO
`' IHKED TELEPHONE OR IF
`
`M2M
`
`EX. 2004
`
`6
`
`M2M
`Ex. 2004
`
`

`
`US 8,094,010 B2
`
`Page2
`
`U.S. PATENT DOCUMENTS
`5,581,599 A
`12/1996 Tsujietal.
`...................... 379/63
`5,581,803 A
`12/1996 Grubeetal.
`455/54.1
`5,623,533 A
`4/1997 Kikuchietal.
`.... .. 379/58
`5,689,442 A
`11/1997 Swanson et al.
`364/550
`5,689,563 A
`11/1997 Brownetal.
`..
`.. 380/23
`5,742,666 A
`4/1998 Alpert
`379/58
`517451949 A
`4/1998 A1‘1Y“‘“”
`349/879-17
`5,752,976 A
`5/1998 Dufiin etal.
`607/32
`5,774,804 A
`6/1998 Williams
`455/419
`5,802,460 A
`9/1998 Panrulescu eta.l.
`...... 455/92
`5,831,545 A
`11/1998 Murrayetal.
`340/825.49
`5,878,339 A
`3/1999 Zickeretal.
`455/419
`5,884,161 A
`3/1999 Hegeman ..... ..
`455/414
`5,903,634 A
`5/1999 Wakabayashi et
`379/127
`5,940,752 A
`8/1999 Henrick
`.. 455/419
`5,946,636 A
`8/1999 Uyeno etal.
`455/566
`5,948,064 A
`9/1999 Bertrameta].
`709/225
`5,960,366 A
`9/1999 Duwaer ....... ..
`455/556
`5,974,312 A 4 10/1999 Hayetnl.
`455/419
`5,995,603 A * 11/1999 Anderson
`379/142.05
`519991990 A
`12/1999 S1'"’1‘°”*'-
`------ -1 71°/3
`519951293 A
`2/2°°° 039°“ ~~~~~ 1-
`-455/4“
`619311328 A
`2/2909 1‘°’°°”1-
`-370/336
`619411229 A
`3/2000 T“"‘°‘
`455/420
`619721395 A '
`5/2000 G‘‘“1‘°1 -----1-
`1340/5734
`6,075,451 A
`6/2000 Lebowitzetal.
`340/825.06
`6,078,948 A
`6/2000 Podgornyetal. ..
`709/204
`6,108,521 A
`8/2000 Foladare etal.
`455/31.3
`6,125,273 A
`9/2000 Yamagishi
`.
`. 455/411
`6,144,859 A
`11/2000 LaDue ..... ..
`.455/511
`6,148,197 A
`11/2000 Bridges etal
`455/432
`6,157,318 A
`12/2000 Minata
`340/825.44
`6,172,616 B1
`1/2001 Johnson etal.
`.. 340/870.12
`..
`6,198,390 131*
`3/2001 Schlager et a1.
`. 340/540
`6,208,039 131
`3/2001 Mendelsohn et a1.
`307/52
`6,208,839 131
`3/2001 Davani ............ ..
`455/31.3
`6,208,854 B1
`3/2001 Roberts etal. .
`455/417
`6,215,994 131
`4/2001 Schmidtetal.
`. 455/419
`6,230,002 B1
`5/2001 Flodénetal.
`455/411
`6,275,143 B1
`8/2001 Stobbe
`. 340/10.34
`6,288,641 B1
`9/2001 Casais
`340/539
`6,289,084 B1
`9/2001 Bushnell ...... ..
`379/67.1
`6,295,449 B1
`9/2001 Westerlage eta].
`455/422
`6,308,083 B2
`10/2001 King ................. .. 455/556
`6,314,270 131
`11/2001 Uchida
`455/67.1
`6,377,161 B1
`4/2002 Gromelski etal.
`340/7.45
`6,411,198 B1
`6/2002 Him" etal.
`...... ..
`.. 340/7.6
`6,424,623 B1
`7/2002 Borgstahl eta]
`. 370/230
`6,442,432 132
`8/2002 Lee
`607/59
`6,487,478 B1
`ll/2002 Azzaro et
`................. .. 701/24
`
`
`
`..
`
`.
`
`.
`
`701/213
`12/2002 Tennison etal.
`574109,/7251
`21233;
`°”‘1'
`'
`455,555
`5,2005 B11414
`455,557
`8,2005 Bec1141"'1'111
`' 701,213
`8,2003 C01}-ee :1a1'
`'
`700,05
`10,2005 1
`1
`11
`714,4

`12,2005 L°".°“°°1
`340/53919
`7/2004 MeVIa11<1”01-111.9”.
`455,55'51
`12,2004 1.Z1111
`'
`''' "540,5501'5
`12,2004 L4V.s°‘1 ''' ''
`455,418
`5,2005 15111111'1'1';1"4'11'
`455,17
`7,2005 0.131511 4141 '
`'"700,217
`11,2005 101s11;,1111ae1‘11'1"‘
`455,4551
`1,2005 G141 011,11 41
`'
`000,500
`1'
`1,2005 00411155114141’
`455,410
`4,2005 wesb
`'
`40,5751
`8,2005 G°m31’1
`'1
`700,200
`8,2007 B111415217111"
`" 455,410
`"
`7,2000 11,5415
`1
`
`"540,5754
`0,2000 11, 15”1',""'5""“
`'1
`455,411
`10,2000 151x111 :11‘111“""‘Y
`340/531
`5/2001 Add, etal
`1
`" 713/202
`4/2002 1c1s11111moto'
`6/2002 A1exande I'1'i"o7'1"1ii"" "379/106 01
`12/2002 Linthic 9etn1 "
`709/2'27
`9/2003 Colli
`1:121
`700/286
`2,2010 W 151“ 1,
`455,411
`“*1 Y‘
`"11 WW
`Doc
`FOREIGN PATENT
`UMENTS
`197 07 681
`5/1998
`013
`0432 746
`6/1991
`E1’
`0524 652
`1/1993
`131’
`0772 336
`5/1997
`E1’
`0996 302
`4/2000
`E1’
`1013 055
`4/2005
`E1’
`07-087211
`3/1995
`11’
`09-64950
`3/1997
`JP
`2000-115859
`4/2000
`JP
`2000-135384
`5/2000
`JP
`2001-177668
`6/2001
`11’
`2001-249360
`9/2001
`31’
`2002-077433
`3/2002
`11’
`W0 97/23104
`6/1997
`W0
`W0 98/51059
`11/1998
`W0
`W0 99/13629
`3/1999
`W0
`W0 99/34339
`7/1999
`W0
`W0 00/56016
`9/2000
`W0
`W0 00/70889
`11/2000
`W0
`W0 01/03414
`1/2001
`W0
`" cited by examiner
`
`
`
`
`'
`1'11‘
`
`1
`
`6,496,777 B2
`31
`015771881 B1
`515051500 B2
`6’611’755 B1
`015551784 B1
`015581585 B1
`6'759’956 B2
`518521102 B2
`518551787 B1
`518751842 B2
`00221547 B2
`010701017 B1
`00851742 B1.
`01011111080 B2
`710271808 B2
`710841771 B2.
`712541501102
`71551115154 B2
`715851107 B2
`715001581 B2
`2001/0001234 A1
`2002/0046353 A1
`2002/0080938 A1
`2002/0198997 A1
`2003/0176952 A1
`2010,00555110 A1
`
`7
`
`M2M
`
`EX. 2004
`
`
`
`1
`
`7
`
`M2M
`Ex. 2004
`
`

`
`U.S. Patent
`
`Jan. 10,2012
`
`Sheet 1 013
`
`US 8,094,010 B2
`
`
`
`
`
`
`MEANS TO RESELECT
`LINKED TELEPHONE
`NUMBER OR IP
`ADDRESS
`150
`
`PROGRAMMABLE
`INTERFACE MEANS
`140
`RINGING TONE
`
`GENERATOR /
`AUTO ANSWER
`
`
`
`
`ANTENNA
`MODULE
`PERIODIC STATUS
`
`
`50
`REPORT GENERATION
`MEANS
`130
`
`
`
`
`
`
`
`
`BLUETOOTH
`BMTERY
`MODULE
`TELEPHONE
`CHARGE
`
`40
`CIRCUIT
`BATTERY
`MONITOR
`
`10
`3°
`35
`
`
`
`SOUND-BYTE
`f4’gmf5RE
`sMs PROCESSING
`MEANS
`THRESHOLD
`
`Dl:'|'ECTOR
`5°
`100
`
`
`
`AUTH ENTICATION
`MEANS
`90
`
`
`
`
`
`
`sMs ALARM
`GENERATION MEANS
`70
`
`SENSOR MEANS
`80
`
`PERMITTED
`CALLERS LIST
`1 10
`
`
`
`ALARM MESSAGE
`LIST
`120
`
`Fig. 1
`
`8
`
`M2M
`
`Ex. 2004
`
`8
`
`M2M
`Ex. 2004
`
`

`
`U.S. Patent
`
`Jan. 10, 2012
`
`Sheet 2 of 3
`
`US 8,094,010 B2
`
`INCOMING MESSAGE OR CALL
`
`ACTION PERFORMED BY
`PROGRAMMABLE COMMUNICATOR
`
`UTHENTIC MESSAGE
`COMPRISING UNIQUE
`IDENTIFIER AND
`LINKING TELEPHONE
`NUMBER OR IP
`DDRESS
`
`UTHENTIC MEssAGE
`COMPRISING UNIQUE
`IDENTIFIER AND ONE
`R MoRE TELEPHONE
`NUMBERS OR IP
`DDREssEs
`
`INCOMING CALL
`
`NUMBERS IN THE PERMITTED
`
`
`ROGRAMMABLE
`' OMMUNICATOR PROCESSES
`MESSAGE AND STORES NEW
`NKING TELEPHONE NUMBER
`R IP ADDRESS
`
`ROGRAM MABLE
`OMI‘-‘IUNICATOR PROCESSES
`MESSAGE AND STORES
`
`* LLERS LIST
`
`ROGRAMMABLE
`OMMUNICATOR VERIFIES
`HAT CALLER Is ON
`ERMITTED CALLERS LIST
`ND CAUSES THE RINGING
`ONE TO BE GENERATED.
`
`INCOMING CALL
`
`
` OMMUNICATOR IS UNABLE
`
`O VERIFY THAT THE CALLER
` 5 ON THE PERMITTED
`
`‘ LERS LIST AND THE CALL
` S TERM I NATED
`
`
`
`INCOMING CAU.
`
`INCOMING CALL IS
`TERMINATED
`
`E PROGRAMMABLE
`OMMUNICATOR VERIFIES
`
`AT THE CALLER IS ON THE
`PERMITTED CALLERS LIST
`' ND AUTO ANSWERS
`
`‘ UTO-ANSWERED CALL IS
`
`RMINATED BY THE
`RMINATION OF THE
`INCOMING CALL AND THE
`PROGRAMMABLE
`OM M U N ICATOR REVERTS TO
`I DLE STATE.
`
`1
`
`'
`
`2
`
`'
`
`3 _
`
`5a I
`
`5b.
`
`Fig.2
`
`M2M
`
`EX. 2004
`
`9
`
`M2M
`Ex. 2004
`
`

`
`U.S. Patent
`
`Jan. 10, 2012
`
`Sheet 3 of 3
`
`US 8,094,010 B2
`
`OUTGOING MESSAGE OR CALL
`
`ACTION PERFORMED BY
`PROGRAMMABLE COMMUNICATOR
`
`REMOTE
`DEVICE
`
`UTHENTICATED MESSAGE
`OMPRISING UNIQUE
`IDENTIFIER RECEIVES
`REQUESTED DATA FROM
`EVICE ASSOCIATED WITH
`PROGRAMMABLE
`- MMUNICATOR
`
`LINKED TELEPHONE OR IP
`DDRESS OF IP DEVICE OR
`INTERNET WEB PAGE
`RECEIVES INFORMATION
`BOUT THE CHANGE IN
`
`OMMUNICATOR COLLECTS
`DATA FROM AN ASSOCIATED
`DEVICE AND TRANSMITS TI
`0 LINKED TELEPHONE OR IP
`
`CHANGE IN STATUS OF THE
`PROGRAMMABLE
`IOMMUNICATOR CAUSES
`MESSAGE TO BE SENT TO
`LINKED TELEPHONE OR IF
`* I DRESS.
`
`
`' DDRESS
`
`LINKED TELEPHONE OR IF
`DDRESS OF IP DEVICE OR
`INTERNET WEB PAGE
`RECEIVES INFORMATION
`' OUT THE CURRENT STATUS.
`
`PROGRAM MABLE COM MUNICATOR
`OLLECTS INFORMATION ON
`URRENT STATUS CONDITION
`' NO SENDS l'l' PERIODICALLY TO
`LINKED TELEPHONE OR IP
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`US 8,094,010 B2
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`1
`PROGRAMMABLE COMMUNICATOR
`
`CROSS REFERENCE TO RELATED
`APPLICATIONS
`
`This patent application is a continuation of and claims
`priority from all priority dates ofU.S. patent application Ser.
`No. 11/329,212, filed Jan. 10, 2006, and entitled “Program-
`mable Communicator”. As a consequence of this priority
`claim, this patent application also claims priority to U.S.
`patent application Ser. No. 10/296,571, filed Jan. 21, 2003,
`and entitled “Programmable Communicator,” which is a
`National Phase filing of and claims priority to PCT/EP01/
`05738 filed on May 18, 2001, which further claims priority
`from Finland Application 20001239, filed May 23, 2000. The
`disclosures of each of these applications are incorporated
`herein by reference in their entirety.
`
`BACKGROUND OF THE INVENTION
`
`The invention relates to a programmable wireless commu-
`nications apparatus. More particularly, it relates to a program-
`mable wireless communications apparatus, which can pro-
`vide an improved means ofcommunication between children
`and their parents, between elderly persons and caring rela-
`tives, and between mentally less-able individuals and super-
`vising adults. In addition, the invention provides a solution for
`smart clothes applications, which may comprise a telecom-
`munications means within the lining of a jacket or other
`article of clothing, as well as a solution for user-program-
`mable data tags which convey infonnation fiom remotely
`located devices such as vending machines. The invention
`relates to and significantly improves upon a previously filed
`patent application claiming Finnish priority of Sep. 9, 1997
`entitled a Portable Hotlink Communicator published as inter-
`national patent application PCT/GB98/02715.
`In this previously filed application, is taught the invention
`ofusing a mobile phone comprising a programmable identity
`module such as a SIM card, in the context of the GSM tele-
`communications standard, to program the number of any
`mobile or fixed telephone to which the Hotlink communica-
`tor, comprising a similar type ofprogrammable identity mod-
`ule, is to be linked. Existing and known methods of commu-
`nication
`between
`the mobile
`phone
`and Hotlink
`communicator for the purpose ofprogramming comprise the
`obvious choice of data calls such as the Short Message Ser-
`vice in the GSM telecommunications standard. Alternatively
`a PDA type communicator might call up a web page to
`instruct a network element to program the programmable
`identity module ofthe Hotlink withthe number ofany fixed or
`mobile telephone to which the Hotlink communicator is to be
`linked
`This use ofa separate mobile phone to program the number
`to which the Hotlink may call is particularly useful and con-
`venient should a parent wish to change the number if the
`parent must leave shortly and want that the Hotlink is con-
`nected immediately to the mobile phone or fixed line of
`another parent or supervising neighbour.
`The current invention builds upon the teaching of this
`earlier application and extends the concept significantly that
`it has more general and suitable application to both the child
`Hotlink communicator and also to the field ofprogrammable
`wireless data communication tags for the purpose of provid-
`ing infonnation about the status ofa vending machine or other
`piece of technical equipment such as a home appliance or a
`device to monitor whether a door is open or closed.
`
`2
`In addition to this, the current invention relates directly to
`programmable wireless data communication tags, which
`comprise the means to be interfaced directly with other tech-
`nical equipment such that each tag can be programmed
`remotely by any means to be linked to any fixed or mobile
`telephone to enable data to be sent to or fi'om the device and
`to allow a person to make a voice call connection to the linked
`telephone.
`Today parents are concerned whether to provide a young
`child with a mobile phone or not. The concern relates to the
`cost ofthe mobile phone should it be lost or stolen and also to
`the cost ofthe use ofthe mobile phone. Clearly there is a need
`to provide a means to limit the cost of calling and also to
`provide a means to prevent the child dialing overseas numbers
`for extensive periods of time.
`In the context of mobile phone operators, there exists a
`need to provide a simple and efiective communication device,
`which can provide the means for family tarifling such that
`subscriptions for children can be related to the subscriptions
`of their parents’ mobile phones. An improved child Hotlink
`communicator, which restricts the usage ofthe mobile phone
`and thereby does not generate high charges through uncon-
`trolled calling, is clearly a solution to the family tarifling
`challenge.
`Parents are ofien concerned about the whereabouts of their
`children and new positioning technologies are being devel-
`oped for locating mobile phones. These solutions include
`self—positioning solutions and remote positioning solutions.
`One example of a self—positioning solution includes the sat-
`ellite-based Global Positioning System technology in which
`the mobile phone comprising a GPS signal processing circuit
`is able to determine the coordinates of its own position by
`processing signals received from satellites and communicate
`these coordinates to a location centre associated with the
`network. One example ofa remote positioning solution is the
`method taught in U.S. Pat. No. 5,051,741 claiming priority of
`Mar. 27, 1990 in which the mobile phone is paged and caused
`to transmit a response which is processed by communication
`stations such as time-of-arrival measurement units associated
`with the network of master stations or base stations.
`This remote positioning method has the advantage that the
`position of the mobile phone can be determined by making
`use of existing signalling between the mobile phone and the
`network without requiring any changes to the mobile phone,
`which would increase its cost. The generic network-based,
`remote-positioning architecture method of U.S. Pat. No.
`5,051 ,741 may make use oftime of arrival methods or phase
`difference calculations to increase the resolution ofthe area or
`sector within which the mobile phone is located.
`While the location of the mobile phone itself is a good
`indication of the present location of the person carrying the
`mobile phone, an improvement would be a means to lock the
`mobile phone to the child, such that use of the mobile phone
`positioning technologies would then determine the position
`of the child.
`In addition to these concerns about the failures of existing
`mobile communications technology to provide an improved
`and more secure method ofinstant communication between a
`
`parent and a young child, and the means to determine the
`position of the child, there is additional concern that the
`battery ofthe communicator may drain its power without the
`parent knowing, or may be removed, whichwould prevent the
`communicator from receiving calls or dialing to the pro-
`grammed fixed or mobile number to which the communicator
`is linked.
`In addition to these specific communication problem
`needs, there is a growing yet unsubstantiated concern about
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`US 8,094,010 B2
`
`3
`the potentially harmful effect of electromagnetic radiation
`from mobile phones upon the developing brains of young
`children. Within this context, there is an opportunity to design
`a communication device for children, which positions the
`radiating electromagnetic field of a communication device
`away fi'om the close proximity of the brain. In this regard,
`parents who maintain the belief that mobile telephones
`present a health risk due to the radiating antenna may rest
`secure in the knowledge that this risk can be significantly
`reduced.
`
`In a separate context, there exists a growing need for a
`mobile telephone solution, which is cost effective to manu-
`facture, but which is versatile such that it can fonn the basis
`for a smart clothes tag or communications application plat-
`form. In this context the requirement is for an embedded
`mobile phone platform comprising no keypad or display,
`which may be sewn into the lining of a jacket, or other article
`of clothing, having only the call button protruding and a
`simple pin connection to recharge the battery. The probl
`with prior art solutions is that unless the smart clothes tag can
`be user-programrnable to call any fixed or mobile number by
`making use ofan acceptable method such as via an SMS data
`call or via a BlueTooth radio transmission from a mobile
`phone or intelligent PDA, the solution is impractical to imple-
`ment.
`
`In security applications where emergency service person-
`nel carry hand-held primary communications devices such as
`conventional mobile phones, a back-up communications
`device such as a smart clothes embedded tag can be of great
`value in the instance that the primary communications device
`is lost or broken.
`
`In sports areas such as on lakes where there may be people
`using canoes, a smart clothes communications tag embedded
`in a life vest may serve to alert a central control point that a
`person is in difliculty andalso to alert otherpersons inthe area
`to go to their rescue.
`In an additional application area, skiers in difiiculty would
`benefit fi'om a smart clothes user-programmable communi-
`cations tag attached to their clothing, which is pre-pro-
`grammed to be linked with a fixed or mobile telephone and
`need only have its protruding button pressed to make com-
`munication with a central alarm point.
`In an additional application area there exists the need for a
`user-programmable remote wireless communications data
`tag, which can be used to relay information about the status of
`a remote piece of technical equipment such as a vending
`machine. Home networks could be simplified by making use
`of the existing mobile network infrastructure to relay data
`about the status of a home appliance or to indicate whether a
`door is open or closed. Packet switched technologies such as
`GPRS may be used as the radio access technology to com-
`municate the status of the technical equipment.
`In an additional application area there exists the need for a
`versatile communications platform, which can be combined
`with remote health monitoring technology to assist doctors
`with remote diagnosis of patients.
`In an additional application there is the need for a versatile
`communications which is able to work effectively when the
`network is temporarily overloaded such that it has the means
`to store a sound message as a sound byte or convert it using
`voice recognition software such that it can be forwarded as
`soon as the network capacity becomes less loaded.
`Further to these limitations ofexisting technologies, and so
`far as is known, no portable communication apparatus is
`presently available which serves to ofi'er an improved pro-
`grammable communicator which is directed towards the spe-
`cific needs of this problem area as outlined.
`
`4
`OBJECTS 01-‘ THE INVENTION
`
`Accordingly, it is an object of the present invention to
`provide an improved programmable communications appa-
`ratus, which can be remotely programmed by any mobile
`phone or IP device such that it can be linked to any particular
`fixed or mobile phone or IP device.
`It is a firrther object of the present invention to provide a
`programmable communications apparatus, which may be
`programmed at close range using infrared light or a Blue-
`Tooth radio connection, or via a tenninal-to-terrninal network
`based data call such as the GSM SMS short message service
`or Via a GPRS packet data communication.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which may be
`programmed by a mobile or fixed device which is able to call
`up an Internet web page and which comprises the means to
`instruct the network to reprogram the communications appa-
`ratus with the mobile or fixed number to which the program-
`mable communications device is to be linked.
`It is a firrther object of the present invention to provide a
`programmable communications apparatus, which may be
`programmed via the Internet such that the network commu-
`nicates with a device in the vicinity of the programmable
`communications apparatus which itself causes the said appa-
`ratus to be programmed using any means such as wireless
`communication, infrared light or a BlueTooth radio link.
`It is a further object of the present invention to provide a
`plurality of programmable communications apparatuses,
`which may be simultaneously programmed by a mobile or
`fixed device which is able to call up an Internet web page and
`select one or more apparatuses ofthe said plurality and cause
`each ofthe selected number of apparatuses to be linked to the
`identical mobile or fixed telephone.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which comprises
`a processing means to process coded transmissions and per-
`mit only transmissions comprising a coded number, which
`determines the authenticity of the message, to be allowed to
`program the number to which the said apparatus be linked.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which comprises
`a wrist strap, or an attachment such as in the case ofthe smart
`clothes application, and a first alarm means which can be
`programmed such that it can cause a message to be sent to the
`fixed or mobile number to which the said apparatus is linked
`in the case that the wrist strap be broken or undone or in the
`case that the said attachment be broken or displaced from an
`initial position of equilibrium.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which may have a
`separate pressure sensitive means or displaceable means
`which becomes activated in the pressed position or displaced
`position respectively such that it is able to generate an alarm
`or data message when pressure is removed or when the dis-
`placement returns to the non-displaced position. Such a fea-
`ture serves, by way of example, to replace the need for the
`wrist strap feature of the previous object such that when the
`wrist worn communicator is removed from the wrist the pres-
`sure sensitive means or displaceable means can provide the
`required alarm message.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which comprises
`a heat sensor, which can detect that the communicator is
`adjacent to a heat source such as the skin of a child and the
`means to generate an alarm message if the heat source is
`removed.
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`US 8,094,010 B2
`
`5
`It is a further object of the present invention to provide a
`programmable communications apparatus, which has the
`means to detect any other detectable physical characteristic of
`the human skin, which may be used to trigger an alarm ifthe
`means is moved away from the skin.
`It is a further object of the present invention to provide a
`programmable communications apparatus for a security
`application, which comprises an infrared heat detector and
`which is able to generate an alarm message if a change in the
`level of infrared radiation is detected.
`
`It is a further object of the present invention to provide a
`programmable communications apparatus, which may form
`part of a home network of devices, which is used to monitor
`a domestic appliance such as a washing machine or a device
`to monitor whether a door or window is open or closed and to
`react to a change in status of said appliance or device by
`sending an alarm message or data message to a linked fixed or
`mobile telephone or intemet IP address to indicate a current
`status of said appliance or device. In addition the said appa-
`ratus may be incorporated in a bicycle frame or attached to a
`bicycle for monitoring movement of the bicycle.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which has a
`memory means to store sound as a sound byte for a certain
`period of time such as the voice of the child wearing the
`programmable communicator and the means to send this
`sound to the telephone number to which the said apparatus is
`linked.
`It is a fiirther object of the present invention to provide a
`programmable communications apparatus, which has a
`means to store and transmit a sound byte in response to
`receiving a sound above a predetermined threshold such that
`a person who is in distress may shout out and the distress call
`is processed by the programmable communicator and for-
`warded to the fixed or mobile telephone or IP address to
`which the said communicator is linked.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which is able to
`make a call to a linked fixed or mobile telephone or IP address
`and which ifit detects that the telephone number is engaged or
`does not answer or that the IP address is invalid, the said
`apparatus has the means to select any other telephone number
`or IP address in the permitted callers list such that it can be
`connected to said other telephone or IP device.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which is able to
`store a sound byte or store a data record and send the sound
`byte or data record to any other telephone number or IP
`address in the permitted callers list after a certain interval of
`time in the instance that the primary number or IP address is
`engaged or connection is not able to be made at that time due
`to the network capacity not being sufiicient at that time. The
`feature may also include a continuous retry feature such that
`the attempt to send the sound byte or data record is continued
`until the sound byte or data record is successfully sent.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which has the
`means to convert a voice message into text and send this as a
`data message to a fixed or mobile telephone or IP address to
`which the said apparatus is linked.
`It is a further object of the present invention to provide a
`programmable communications apparatus, which is able to
`receive data from a plurality of data monitoring devic

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