UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.
`Petitioner
`
`Patent No. 8,065,156
`Issue Date: November 22, 2011
`Title: ADAPTIVE INFORMATION PRESENTATION
`APPARATUS AND METHODS
`__________________________________________________________________
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,065,156
`PURSUANT TO 35 U.S.C. § 312 and 37 C.F.R. § 42.104
`
`Case No. IPR2015-01941
`__________________________________________________________________
`
`
`
`
`
`
`
`

`
`
`
`I. 
`II. 
`III. 
`
`B. 
`
`C. 
`
`TABLE OF CONTENTS
`Mandatory Notices (37 C.F.R. § 42.8) ........................................................... 1 
`Grounds for Standing (37 C.F.R. § 42.104(a)) ............................................... 2 
`Identification of Challenge (37 C.F.R. § 42.104(b)(1)-(3)) and Relief
`Requested (37 C.F.R. § 42.22(a)(1)) .............................................................. 2 
`A. 
`Background of the ’156 Patent ............................................................. 2 
`1. 
`The ’156 Patent .......................................................................... 2 
`2. 
`Prosecution History of the ’156 Patent ...................................... 4 
`Patents and Printed Publications Relied On ......................................... 5 
`B. 
`Statutory Grounds for Challenge (37 C.F.R. § 42.104(b)(1)-(2)) ........ 7 
`C. 
`Claim Construction (37 C.F.R. § 42.104(b)(3)) ................................... 7 
`D. 
`IV.  How Challenged Claims Are Unpatentable (37 C.F.R. § 42.104(b)(4)-
`(5)) .................................................................................................................. 9 
`A. 
`Claims 10, 15, 18, 20, 21, 22, and 23 are Obvious in View of
`the Combination of Hancock ’023 and Lind ........................................ 9 
`1. 
`Claim 10 ................................................................................... 11 
`2. 
`Claims 15, 18, 20, 21, 22, and 23 ............................................ 21 
`3. 
`Reasons to Combine Hancock ’023 and Lind ......................... 28 
`4. 
`Claim Charts ............................................................................ 33 
`Claim 11 is Obvious in View of the Combination of Hancock
`’023, Lind, and Boyer ........................................................................ 51 
`1. 
`Claim 11 ................................................................................... 52 
`2. 
`Reasons to Combine Hancock ’023, Lind, and Boyer ............. 54 
`3. 
`Claim Chart .............................................................................. 55 
`Claim 24 is Obvious in View of the Combination of Hancock
`’023, Lind, and Class .......................................................................... 56 
`1. 
`Claim 24 ................................................................................... 57 
`2. 
`Reasons to Combine Hancock ’023, Lind, and Class .............. 57 
`3. 
`Claim Chart .............................................................................. 58 
`Conclusion .................................................................................................... 60 
`
`
`
`V. 
`
`
`
`
`
`
`
`-i-
`
`
`
`

`
`
`
`Exhibit 1001
`
`Exhibit 1002
`
`Exhibit 1003
`
`Exhibit 1004
`
`
`Exhibit 1005
`
`Exhibit 1006
`
`Exhibit 1007
`
`
`Exhibit 1008
`
`Exhibit 1009
`
`
`Exhibit 1010
`
`
`Exhibit 1011
`
`
`Exhibit 1012
`
`
`
`
`
`LISTING OF EXHIBITS
`
`U.S. Patent No. 8,065,156 to Gazdzinski
`
`Declaration of Scott Andrews
`
`U.S. Patent No. 6,202,023 to Hancock et al.
`
`The Network Vehicle - A Glimpse into the Future of
`Mobile Multi-Media, by R. Lind et al., The 17th DASC –
`The AIAA/IEEE/SAE Digital Avionics Systems
`Conference – Bellevue, WA – Oct. 31-Nov. 7, 1998 –
`Proceedings
`
`U.S. Patent No. 6,401,112 to Boyer et al.
`
`U.S. Patent No. 6,230,123 to Class et al.
`
`AUTOMOTIVE ELECTRONICS HANDBOOK, Ronald Jurgen
`(ed.), Chapter 11
`
`U.S. Patent No. 5,274,560 to LaRue
`
`David Flynn, IBM’s Corporate High Flier, THE SYDNEY
`MORNING HERALD, September 29, 1997
`
`Suzanne Kantra Kirschner, Wired Wheels, POPULAR
`SCIENCE, March 1998
`
`“Plaintiff and Counter-Defendant West View Research,
`LLC’s Revised Disclosure of Asserted Claims and
`Infringement Contentions, Pursuant to Patent L.R. 3.1
`and the June 10, 2015 Court Order,” dated June 26, 2015.
`
`U.S. Copyright Registration No. TX 4-900-822, “1998
`IEEE/AIAA 17th Digital Avionics Systems Conference -
`Oct 31, 1998 - Bellevue, WA - (98CH36267),” dated
`-ii-
`
`
`

`
`
`
`
`Exhibit 1013
`
`
`Exhibit 1014
`
`
`Exhibit 1015
`
`
`Exhibit 1016
`
`
`Exhibit 1017
`
`
`Exhibit 1018
`
`
`Exhibit 1019
`
`
`Exhibit 1020
`
`
`
`
`
`
`December 8, 1998
`
`Library of Congress Public Catalog Information, 17th
`DASC: The AIAA/IEEE/SAE Digital Avionics Systems
`Conference: Proceedings:
`[Electronics
`in motion]:
`Bellevue, WA, Oct. 31-Nov. 7, 1998
`
`MARC Tags corresponding to Library of Congress
`Public Catalog
`Information, 17th DASC: The
`AIAA/IEEE/SAE Digital Avionics Systems Conference:
`Proceedings: [Electronics in motion]: Bellevue, WA, Oct.
`31-Nov. 7, 1998
`
`The Network Vehicle - A Glimpse into the Future of
`Mobile Multi-Media, by R. Lind et al., SAE Technical
`Paper Series 982901
`
`U.S. Copyright Registration No. TX 5-149-812,
`“November 1998 Quarterly Technical Papers on
`Microfiche (MICQ-N98),” dated June 2, 2000
`
`U.S. Copyright Office Public Catalog Information,
`“Quarterly technical papers on microfiche,” ISSN 0148-
`7191
`
`Society of Automotive Engineers (SAE), Abstract, “The
`Network Vehicle - A Glimpse into the Future of Mobile
`Multimedia,” Paper No. 982901, http://papers.sae.org/
`982901/
`
`U.S. Patent Application Pub. No. 2008/0201748 to Hasek
`et al.
`
`U.S. Patent No. 6,845,084 to Rangnekar
`
`-iii-
`
`
`
`

`
`
`
`I. Mandatory Notices (37 C.F.R. § 42.8)
`Real Party-in-Interest: Volkswagen Group of America, Inc. (“VWGoA”), which is
`
`a subsidiary of Volkswagen AG.
`
`Related Matters: The following judicial matter may affect, or may be affected by, a
`
`decision in this inter partes review: West View Research, LLC v. Audi AG, et al.,
`
`No. 3:14-cv-02668-BAS-JLB (S.D. Cal.), in which VWGoA d/b/a Audi of
`
`America, Inc., Volkswagen AG (which is the parent of VWGoA, as stated above),
`
`and Audi AG (which is a subsidiary of Volkswagen AG) are defendants. In this
`
`litigation, West View has accused, for example, an “Audi Q7 with Smart Display
`
`Integration” as infringing the claims of U.S. Patent No. 8,065,156 (“the ’156
`
`patent”), which is being challenged by this petition. See, Ex. 1011.
`
`
`
`Judicial matters in the Southern District of California against the following
`
`defendants may affect, or may be affected by, a decision in this inter partes
`
`review: BMW (3:14-cv-02670); and Nissan (3:14-cv-02677).
`
` The following administrative matters may affect, or may be affected by, a
`
`decision in this inter partes review: U.S. Patent Nos. 7,711,565; 7,093,693;
`
`6,988,071; and 6,615,175.
`
`Lead Counsel: Michael J. Lennon (Reg. No. 26,562).
`
`Backup Counsel: Clifford A. Ulrich (Reg. No. 42,194) and Michelle M. Carniaux
`
`(Reg. No. 36,098).
`
`1
`
`

`
`
`
`Service: VWGoA agrees
`
`to service at
`
`the following email addresses:
`
`mlennon@kenyon.com, culrich@kenyon.com, and mcarniaux@kenyon.com.
`
`Service may also be made at: Kenyon & Kenyon LLP, One Broadway, New York,
`
`NY 10004 (Tel. 212-425-7200; Fax: 212-425-5288).
`
`II. Grounds for Standing (37 C.F.R. § 42.104(a))
` VWGoA certifies that the ’156 patent is available for inter partes review and
`
`that it is not barred or estopped from requesting an inter partes review challenging
`
`the patent claims on the grounds identified in this petition.
`
`III. Identification of Challenge (37 C.F.R. § 42.104(b)(1)-(3)) and Relief
`Requested (37 C.F.R. § 42.22(a)(1))
` VWGoA challenges claims 10, 11, 15, 18, 20, 21, 22, 23, and 24 of the ’156
`
`patent under 35 U.S.C. § 103(a), and cancelation of these claims is requested.
`
`A. Background of the ’156 Patent
`1. The ’156 Patent
` The ’156 patent issued on November 22, 2011, from U.S. Patent Application
`
`Serial No. 12/711,857 (“the ’857 application”), filed February 24, 2010. The ’156
`
`patent claims to be a continuation or division of a number of prior applications, the
`
`earliest of which was filed on June 10, 1999.1 The ’156 patent describes an elevator
`
`information system, shown generally in Figs. 1 and 2. Ex. 1001, 5:39-40; Ex. 1002,
`
`
`1 Petitioner does not concede that any claim of the ’156 patent is entitled to a filing
`
`date earlier than the February 24, 2010 filing date of the ’857 application.
`
`2
`
`

`
`
`
`¶ 3. The system 100 includes an input device 102, a speech recognition (SR)
`
`module 104, and a central processor 106 with associated components. Id., 5:41-49.
`
`In this system, keypads 116 and/or touch sensitive displays 113 (Fig. 2) are
`
`disposed within an elevator car 180 to facilitate “easy access and viewing by
`
`passengers.” Ex. 1001, 6:47-50; Ex. 1002, ¶ 3. The system also includes a central
`
`server 170 located remotely from the elevator car and connects to the elevator car
`
`“clients” 180 via a local area network. Ex. 1001, 7:39-42; Fig. 3; Ex. 1002, ¶ 3. In
`
`an alternative embodiment, data may be transferred between the elevator cars 180
`
`and the remote server 170 via a wireless interface 310. Ex. 1001, 7:51-58; Ex.
`
`1002, ¶ 3.
`
` According to the ’156 patent, the system 100 can include one or more data
`
`terminals 702 which allow the user to plug in a personal electronic device (PED)
`
`704 having a standardized interface into the system to obtain a download of
`
`information. Ex. 1001, 11:9-15; Ex. 1002, ¶ 4. A representation of this
`
`embodiment is shown in Figure 7:
`
`
`
`3
`
`

`
`
`
` Claim 10 of the ’156 patent is the only independent claim of the ’156 patent that
`
`is being challenged in this petition; claims 11, 15, 18, 20, 21, 22, 23, and 24, which
`
`are also challenged in this petition, ultimately depend from claim 10.
`
`2. Prosecution History of the ’156 Patent
` Claim 10 of the ’156 patent issued from claim 85 of the ’857 application.
`
`Application claim 85 was added by amendment dated July 11, 2011, in which Mr.
`
`Gazdzinski stated that application claim 85 “corresponds generally and without
`
`limitation to objected to Claim 80 (and its base Claim 66).” July 11, 2011
`
`Amendment, p. 10. The July 11, 2011 Amendment was filed in response to an
`
`Office Action issued on June 28, 2011, in which “base Claim 66” was rejected as
`
`anticipated by U.S. Patent Application Publication No. 2009/0077100 (“Hancock
`
`’100”) and in which “objected to Claim 80” was found to include allowable subject
`
`matter. Claim 80 of the ’857 application as presented in an Amendment filed on
`
`May 11, 2010 is reproduced below:
`
`80. The apparatus of Claim 66, wherein said at least one program
`
`is further configured to:
`link with a portable
`
`establish an ad hoc communication
`computerized device of a user of the transport apparatus; and
`
`download at least a portion of the received information to the
`portable computerized device via the communication link.
` Thus, based on the prosecution of the ’857 application, claim 10 of the ’156
`
`patent was allowed because it includes the limitations set forth above from
`
`4
`
`

`
`
`
`application claim 80, whereas the remaining limitations were found to be in the
`
`prior art cited by the Examiner, i.e., Hancock ’100, which was not disputed by Mr.
`
`Gazdzinski.
`
`B. Patents and Printed Publications Relied On
`1. U.S. Patent No. 6,202,023 (“Hancock,” Ex. 1003), filed on February 25, 1999,
`
`constitutes prior art against the ’156 patent under at least 35 U.S.C. § 102(e).2
`
`2. The Network Vehicle - A Glimpse into the Future of Mobile Multi-Media, by R.
`
`Lind, et al. (“Lind,” Ex. 1004), published by the Institute of Electrical and
`
`Electronics Engineers (IEEE) and presented at the 1998 IEEE/AIAA 17th Digital
`
`Avionics Systems Conference on October 31, 1998, bearing a copyright notice
`
`dated 1998 (see Ex. 1004, p. ii, “Copyright © 1998 by the Institute of Electrical
`
`and Electronics Engineers, Inc.”), bearing a Library of Congress and Copyright
`
`Office date stamp of December 8, 1998 (see Ex. 1004, page after p. xv), registered
`
`with and deposited in the U.S. Copyright Office on December 8, 1998 (see Ex.
`
`1012, also stating October 31, 1998 as the date of first publication in the U.S.),
`
`
`2 Hancock ’100, which, as stated above, was cited by the Examiner during
`
`prosecution of the ’156 patent, claims on its face to be a continuing application of a
`
`number of prior applications, including U.S. Patent Application Serial No.
`
`09/257,462, which issued as Hancock.
`
`5
`
`

`
`
`
`constitutes prior art against the ’156 patent under at least 35 U.S.C. § 102(a).3
`
`3. U.S. Patent No. 6,401,112 (“Boyer,” Ex. 1005), filed on January 29, 1997,
`
`constitutes prior art against the ’156 patent under at least 35 U.S.C. § 102(e).
`
`4. U.S. Patent No. 6,230,132 (“Class,” Ex. 1006), filed on March 10, 1998,
`
`
`3 Page ii of Ex. 1004 states a Library of Congress Control Number (LCCN) of 98-
`
`86916. The U.S. Library of Congress’s online catalog record, Ex. 1013, for this
`
`LCCN demonstrates that Lind was indexed under LC Classification and Call No.
`
`“TL693 .D55 1998” and under Dewey Class No. 629.135. According to Ex. 1014,
`
`the Library of Congress record for Lind was last updated on April 16, 1999 at
`
`3:16:32.8 p.m. (MARC Tag 005 specifies the date and time of the latest record
`
`transaction in the format yyyymmddhhmmss.f (see http://www.loc.gov/marc/
`
`authority/ad005.html); the MARC Tag 005 field for Lind is 19990416151632.8,
`
`which translates to April 16, 1999 at 3:16:32.8 p.m.). Lind was also published
`
`(with minor differences) in 1998 by the Society of Automotive Engineers as SAE
`
`Technical Paper Series 982901, Ex. 1015. Ex. 1016 is the U.S. Copyright
`
`Registration for Ex. 1015, stating a November 1998 date of first publication in the
`
`U.S., Ex. 1017 is the U.S. Copyright Office’s public catalog record for Ex. 1015,
`
`stating November 1998 date of publication of Ex. 1015, and Ex. 1018 is the SAE’s
`
`abstract for Ex. 1015, stating a November 1998 date of publication of Ex. 1015.
`
`6
`
`

`
`
`
`constitutes prior art against the ’156 patent under at least 35 U.S.C. § 102(e).
`
` Lind, Boyer, and Class were not cited by Mr. Gazdzinski or the Examiner
`
`during prosecution of the ’156 patent.
`
`C. Statutory Grounds for Challenge (37 C.F.R. § 42.104(b)(1)-(2))
`1. Claims 10, 15, 18, 20, 21, 22, and 23 are obvious under 35 U.S.C. § 103(a) in
`
`view of the combination of Hancock and Lind.
`
`2. Claim 11 is obvious under 35 U.S.C. § 103(a) in view of the combination of
`
`Hancock, Lind, and Boyer.
`
`3. Claim 24 is obvious under 35 U.S.C. § 103(a) in view of the combination of
`
`Hancock, Lind, and Class
`
`D. Claim Construction (37 C.F.R. § 42.104(b)(3))
` Generally, the claim terms in an unexpired patent should be given their broadest
`
`reasonable construction in view of the specification. 37 C.F.R. § 42.100(b). Claim
`
`terms are generally presumed to take on their ordinary and customary meaning.
`
`The specification of the ’156 patent does not present any special definition for any
`
`claim term, and the prosecution history of the ’156 patent does not include any
`
`claim construction arguments. Therefore, all of the terms of the claims challenged
`
`in this petition should be given their broadest reasonable construction in view of
`
`the specification.
`
` Claim 10 recites an “ad hoc communication link.” An “ad hoc communication
`
`link,” for the purposes of this proceeding, should be construed to include “a data
`
`7
`
`

`
`
`
`interface that is transient in nature, such as a wireless device (e.g., Bluetooth,
`
`IrDA, WiFi, 802.11), a local area wireless link (e.g., WiFi or Bluetooth), a serial
`
`bus interface (e.g., USB, IEEE 1394, FireWire, RS-232), or UART.” Although the
`
`specification does not mention “ad hoc communication links,” they include
`
`communication via, for example, Bluetooth, IrDA, and 802.11, but are not limited
`
`to wireless devices. See, e.g., Ex. 1020, 1:23-30 (“[A] number of wireless
`
`technologies exist for supporting ad hoc networks including Bluetooth, IrDA, and
`
`802.11. Ad hoc networks are not limited to wireless devices and some or all of the
`
`devices in an ad hoc network may use temporary plug-in connections that allow
`
`these devices to temporarily be part of the network, such as for the duration of a
`
`communication session, and communicate via wired or wireless connections.”).
`
`Additionally, ad hoc communication links include “a local area wireless link (e.g.,
`
`WiFi or Bluetooth), serial bus interface (e.g., USB or IEEE Std. 1394 ‘FireWire’),
`
`or other data interface that is transient in nature.” Ex. 1019, ¶ [0051]. Consistent
`
`with a serial bus interface constituting an ad hoc communication link, the ’156
`
`patent describes, for example, at 11:8-9:3, a personal electronic device (PED) 704
`
`having an RS-232 serial connector 712 for connecting the PED 704 to a data
`
`terminal 702 of the information and control system 100 and electrically interfacing
`
`a processor 106 of the system 100 and the PED 704 using a universal
`
`asynchronous receiver/transmitter (UART) 117 or universal serial bus (USB).
`
`8
`
`

`
`
`
`IV. How Challenged Claims Are Unpatentable (37 C.F.R. § 42.104(b)(4)-(5))
`A. Claims 10, 15, 18, 20, 21, 22, and 23 are Obvious in View of the
`Combination of Hancock and Lind
` As described in detail below, claims 10, 15, 18, 20, 21, 22, and 23 are obvious
`
`in view of the combination of Hancock and Lind, and are thus invalid under 35
`
`U.S.C. § 103(a). Ex. 1002, ¶ 6.
`
` Hancock describes a “system and method for automatically providing services
`
`over a computer network, such as the Internet, for users in a mobile environment.”
`
`Ex. 1003, Abstract; Ex. 1002, ¶ 7. The system includes a database that can be
`
`queried by the client. Ex. 1003, Abstract; Ex. 1002, ¶ 7. For example, Figure 13 of
`
`Hancock discloses that information from a database 1316 can be accessed by the
`
`users of a vehicle 1304 via a cellular base station 1306:
`
`
`
` Lind discloses a vehicle containing hardware and software that allows
`
`connections via an “off-board network” to wirelessly connect to the Internet and to
`
`allow wireless information retrieval from other sources such as DirecTV. Ex. 1004,
`9
`
`

`
`
`
`p. I21-2. The off-board network is shown in Figure 3:
`
`
`
` The on-board system described by Lind also (1) receives an input from a user;
`
`(2) accesses a remote server wirelessly based on that input; (3) receives the
`
`information from the remote server; and (4) implements the desired function. For
`
`example, the system described in Lind can receive inputs via voice (e.g., Ex. 1004,
`
`p. I21-2) or via a touch-screen LCD (e.g., Id., p. I21-3). Ex. 1002, ¶ 8. The
`
`information requested may be office functions, such as e-mails, which are received
`
`remotely from the web via a satellite link. Ex. 1004, p. I21-7; Ex. 1002, ¶ 8. These
`
`e-mails can be displayed to the driver on the LCD screen, or read aloud. Id.
`
` Additionally, Lind describes an ad hoc communication link that is established
`
`with a user’s portable device, and that it is possible to download a portion of the
`
`received information to the device. Ex. 1002, ¶ 9. For example, Lind describes that
`
`the IBM WorkPad PDA can be docked in a slot provided in the Network Vehicle.
`
`Ex. 1004, p. I21-5; Ex. 1002, ¶ 9. Additionally, “E-mails and appointments can be
`
`10
`
`

`
`
`
`downloaded to the docked WorkPad PDA.” Ex. 1004, p. I21-7.
`
` As described below, the combination of Hancock and Lind discloses or renders
`
`obvious all of the limitations of claims 10, 15, 18, 20, 21, 22, and 23 of the ’156
`
`patent.
`
`1. Claim 10
` Each limitation of claim 10 is described below:
`
`i.
` “[c]omputer readable apparatus comprising a storage medium,”
` The combination of Hancock and Lind discloses a “[c]omputer readable
`
`apparatus comprising a storage medium.”
`
` Hancock describes that “[a]ny type of general or special purpose computer
`
`system can be used to implement the portable-computing device 1302” and that
`
`“the portable-computing device 1302 includes a CPU, local working memory, or
`
`RAM, non-volatile program memory, or ROM, and some form of non-volatile
`
`external memory for data storage 1408 such as any type of NVRAM, or magnetic
`
`or optical disk storage system.” Ex. 1003, 25:30-38; Ex. 1002, ¶ 10.
`
` Lind discloses the use of software applications written in Java, as well as
`
`microprocessors, located inside the vehicle (the “on-board system”) in order to
`
`control the various applications that include mobile web access. E.g., Ex. 1004, pp.
`
`I21-1, I21-2, I21-6. In order to run software on a microprocessor, a storage
`
`medium, such as a hard drive, RAM, ROM, etc., is used. Ex. 1002, ¶ 11.
`
`11
`
`

`
`
`
`ii. “said storage medium comprising at least one computer program
`with a plurality of instructions,”
` The combination of Hancock and Lind discloses a “storage medium comprising
`
`at least one computer program with a plurality of instructions.”
`
` As stated above, Hancock describes that “the portable-computing device 1302
`
`includes a CPU, local working memory, or RAM, non-volatile program memory,
`
`or ROM, and some form of non-volatile external memory for data storage 1408
`
`such as any type of NVRAM, or magnetic or optical disk storage system.” Ex.
`
`1003, 25:30-38; Ex. 1002, ¶ 10.
`
` The storage medium disclosed in Lind includes at least one computer program
`
`with a plurality of instructions. Ex. 1002, ¶¶ 11-12. For example, Lind describes
`
`that the Network Vehicle includes “a client-server architecture,” “unique human-
`
`vehicle-interfaces,” and a “software applications … written in Java, using
`
`Application Programming Interfaces (API’s)” and that the “Network Vehicle is
`
`created by integrating existing hardware and software technologies including voice
`
`recognition, wireless communications, global positioning via satellite, head-up
`
`displays,
`
`JavaTM
`
`technology, microprocessors, Web access, and other
`
`Internet/intranet features.” Ex. 1004, pp. I21-1–I21-2. Additionally, the Network
`
`Vehicle includes the “Netscape Communicator software for Web browsing and e-
`
`mail,” and “key technologies and system components behind the Network Vehicle”
`
`include “a suite of automotive computer software.” Id., pp. I21-2, I21-3. Moreover,
`
`12
`
`

`
`
`
`the Network Vehicle includes “Automotive Computer Software,” in which
`
`“[v]irtual machine-based, object-oriented technologies were applied to the
`
`Network Vehicle’s development,” “Smalltalk, a well proven object-oriented
`
`environment and the latest JavaTM technologies were chosen to develop the
`
`Network Vehicle’s software,” and a “command and control application, written in
`
`Smalltalk and running on the vehicle’s main processor, monitors vehicle status.”
`
`Ex. 1004, p. I21-6. It was notoriously well-known at the time the alleged invention
`
`of claim 10 of the ’156 patent was made that computer software and computer
`
`programs include a plurality of instructions. See, e.g., Ex. 1007, p. 11.6 (“The CPU
`
`is the circuitry within a microcontroller where instructions are executed and
`
`decisions are made”); p. 11.9 (“The Program Counter (PC) controls the sequencing
`
`of instructions to be executed”); see also pp. 11.12-11.14 (“Instruction Set”)
`
`(emphases added); Ex. 1002, ¶ 12.
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`iii. “the storage medium being part of a computerized information
`system disposed on or within a transport apparatus configured to
`transport at least one person from one location to another,”
` The combination of Hancock and Lind discloses “the storage medium being
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`part of a computerized information system disposed on or within a transport
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`apparatus configured to transport at least one person from one location to another.”
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` According to Hancock, an “[e]xample of such devices [portable-computing
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`devices 1302] include standard laptop computers, automobile computers and
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`personal digital assistant devices (PDAs).” Ex. 1003, 25:30-38 (emphasis added);
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`Ex. 1002, ¶ 13.
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` The storage medium in Lind is also part of a computerized information system
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`that is inside an automobile. For example, Lind shows on “onboard system” that is
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`inside (or on-board) a vehicle, which includes a “network computer” to link all of
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`the sub-networks. Ex. 1004, p. I21-2; Ex. 1002, ¶ 14. The on board network is
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`shown below, in Figure 2:
`
`
`iv. “said at least one program being configured to: receive an input
`from a user of the transport apparatus, the input relating to a
`desired function;”
` The combination of Hancock and Lind discloses “said at least one program
`
`being configured to: receive an input from a user of the transport apparatus, the
`
`input relating to a desired function.”
`
` Hancock discloses that a “keypad device 1414 is coupled to the portable-
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`computing device 1302 and is used for inputting data.” Ex. 1003, 25:43-45. In
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`addition, Hancock discloses that “a speech interface 1418 is also coupled to the
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`portable-computing device 1302” and that the “speech interface 1418 uses voice
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`recognition techniques to accept spoken commands from users for controlling the
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`portable-computing device 1302.” Id., 25:47-55; Ex. 1002, ¶ 15.
`
` The software programs described in Lind receive inputs from the user related to
`
`desired functions. Ex. 1002, ¶ 16. For example, the ViaVoice program receives
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`voice inputs that are used to check e-mail and voicemail. Ex. 1004, p. I21-3; Ex.
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`1002, ¶ 16. Additionally, the voice recognition technology in Lind “allows drivers
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`and passengers to verbally request … e-mail messages.” Ex. 1004, p I21-2.
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`Further, the commands can be input via the touch-enabled LCD screen, rather than
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`voice commands, in order to control “nearly all of the Network Vehicle’s
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`multimedia functions.” Ex. 1004, p. I21-3.
`
`v.
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`“cause access of a remote server via an associated wireless
`interface to access information relating to the desired function”
` The combination of Hancock and Lind discloses “said at least one program
`
`being configured to:” “cause access of a remote server via an associated wireless
`
`interface to access information relating to the desired function.”
`
` Hancock describes that a “wireless transceiver 1402 is used to send and receive
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`data between the portable-computing device 1302 and other devices such as the
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`servers 1314 and 1315 coupled to the Internet 1318.” Ex. 1003, 26:8-11; Ex. 1002,
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`¶ 17. Therefore, Hancock discloses “at least one program being configured to”
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`“cause access of a remote server via an associated wireless interface to access
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`information relating to the desired function,” as claimed in claim 10 of the ’156
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`patent. Ex. 1002, ¶ 17.
`
` As described in Lind, the inputs received from the driver are used to access a
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`remote server via a wireless interface. Ex. 1002, ¶ 18. Lind discloses that “high-
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`bandwidth communications” connect the vehicle to the outside world (Ex. 1004, p.
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`I21-3) via an antenna (Id., p. I21-2). Ex. 1002, ¶ 18. Further, the Internet is
`
`accessed via a wireless modem. Ex. 1004, p. I21-2. Lind discloses these various
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`wireless links, which allow access to the Internet wirelessly based on user
`
`commands, in Figure 3 (Ex. 1002, ¶ 18):
`
` The “remote server” that is accessed by the system disclosed in Lind may
`
`include the IBM web server and/or the home office computer shown in Figure 3.
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`Ex. 1002, ¶ 18. This remote server contains, for example, the e-mails that the user
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`
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`requests using the ViaVoice program.
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`vi. “receive accessed information via the wireless interface; and”
` The combination of Hancock and Lind discloses “said at least one program
`
`being configured to:” “received accessed information via the wireless interface.”
`
` As stated above, Hancock describes that a “wireless transceiver 1402 is used to
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`send and receive data between the portable-computing device 1302 and other
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`devices such as the servers 1314 and 1315 coupled to the Internet 1318.” Ex. 1003,
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`26:8-11; Ex. 1002, ¶ 17. Therefore, Hancock discloses “at least one program being
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`configured to” “receive accessed information via the wireless interface,” as
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`claimed in claim 10 of the ’156 patent. Ex. 1002, ¶ 17.
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` According to Lind, accessed information (e.g., e-mail) is received by via the
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`wireless interface. For example, Lind describes that satellite links provide for
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`Internet communication to the vehicle, which is used to “seamlessly offer[] access
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`to everything from e-mail and address book to the critical files you need.” Ex.
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`1004, p. I21-7; Ex. 1002, ¶ 18. The connections between the vehicle disclosed in
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`Lind and the Internet are wireless.
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`vii. “implement the desired function using at least a portion of the
`received information”
` The combination of Hancock and Lind discloses “at least one program being
`
`configured to” “implement the desired function using at least a portion of the
`
`received information.”
`
` According to Hancock, a “U/I module 1506 may be used to present the user
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`with one or more menu choices.” Ex. 1003, 27:28-30. The user’s commands are
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`formulated into a database query, and “the process retrieves the results from the
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`database query and sends them to the client, as indicated by step 1620.” Id., 28:6-8;
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`Ex. 1002, ¶ 19. Additionally, Hancock notes that the received information, such as
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`maps and driving directions, can be “presented to users.” Ex. 1003, 32:37-41; Ex.
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`1002, ¶ 19. Therefore, Hancock discloses “at least one program being configured
`
`to” “implement the desired function using at least a portion of the received
`
`information,” as claimed in claim 10 of the ’156 patent. Ex. 1002, ¶ 19.
`
` According to Lind, the desired function, e.g., the user receiving e-mail
`
`messages, is implemented using the information received via the wireless link. Ex.
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`1002, ¶ 20. Using the vehicle’s software, the vehicle disclosed in Lind can verbally
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`read e-mail messages (see Ex. 1004, p. I21-2) or display a waiting e-mail
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`indication on the heads-up display (Id., p. I21-3). Ex. 1002, ¶ 20. Therefore, Lind
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`also discloses “at least one program being configured to” “implement the desired
`
`function using at least a portion of the received information,” as claimed in claim
`
`10 of the ’156 patent. Ex. 1002, ¶ 20.
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`viii. “wherein said at least one program is further configured to:
`establish an ad hoc communication link with a portable
`computerized device of a user of the transport apparatus; and”
` The combination of Hancock and Lind discloses that “at least one program is
`
`further configured to: establish an ad hoc communication link with a portable
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`computerized device of a user of the transport apparatus.”
`
` Examples of personal electronic devices described in the ’156 patent include an
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`“Apple Newton®, US Robotics/3COM PalmPilot®, or Palm III®, laptop
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`computer, notebook computer, or the like.” Id., 11:18-19; Ex. 1002, ¶¶ 5, 21.
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`Further, an example of the standardized interface that is used to connect these
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`personal electronic devices to the system includes “a 9-pin RS-232 serial
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`connection of the type well known in the electronic arts.” Ex. 1001, 11:20-22. See
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`also Ex. 1002, ¶¶ 5, 21. As discussed above, at page 7, an RS-232 serial connection
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`is an example of an ad hoc communication link.
`
` Hancock describes that “[a]ny type of general or special purpose computer
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`system can be used to implement the portable-computing device 1302,” Ex. 1003,
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`25:29-31, Ex. 1002, ¶ 22, and that “[e]xamples of such devices include … personal
`
`digital assistant devices (PDAs),” Ex. 1003, 25:31-33, Ex. 1002, ¶ 22. Hancock
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`further describes that the portable-computing device 1302 may be coupled to
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`external devices, such an ALI (automatic location identifying) device 1406, e.g., a
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`GPS device, and/or a wireless transceiver 1402, via external ports, e.g., RS-232
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`ports. Ex. 1003, 25:15-21; Ex. 1002, ¶ 22.
`
` Lind discloses that the system establishes an ad hoc communication link with a
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`portable computerized device (the IBM WorkPad) of a user of the transport
`
`apparatus. Ex. 1002, ¶ 23. For example, Lind describes that the network computer
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`in the Network Vehicle containing the programs can establish an ad hoc
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`communication link with a portable computerized