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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
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`RUIZ FOOD PRODUCTS, INC.,
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`Petitioner,
`
`v.
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`MACROPOINT LLC,
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`Patent Owner.
`
`__________
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`Case IPR2017-02016
`U.S. Patent No. 8,275,358 B1
`__________
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`PATENT OWNER’S MOTION TO AMEND (CONTINGENT)
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`TABLE OF CONTENTS
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`EXHIBIT LIST ......................................................................................................... ii
`I.
`STATEMENT OF RELIEF REQUESTED .................................................... 1
`II.
`INTRODUCTION ........................................................................................... 1
`III. THE PERSON OF ORDINARY SKILL IN THE ART (“POSITA”) ............ 3
`IV. CLAIM CONSTRUCTION ............................................................................ 3
`V.
`THE SUBSTITUTE CLAIMS SATISFY ALL OF THE
`REQUIREMENTS OF 37 C.F.R. § 42.121 AND 35 U.S.C. § 316(D). ......... 4
`A. The Motion Proposes One Substitute Claim For Each Challenged
`Claim. ...................................................................................................... 4
`B. The Proposed Substitute Claims Narrows The Scope Of The
`Claims And Are Responsive To A Ground Of Patentability
`Involved In The Trial. ............................................................................. 4
`C. The Proposed Substitute Claims Are Supported By The Original
`Disclosure Of The Application For The ’358 Patent. ............................. 8
`Independent substitute claim 31 ................................................. 8
`1.
`2.
`Independent substitute claim 49 ............................................... 11
`3.
`Dependent substitute claims ..................................................... 14
`VI. DUTY OF CANDOR .................................................................................... 21
`VII. CONCLUSION .............................................................................................. 21
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`
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` i
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`EXHIBIT LIST
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`Exhibit Number
`2001
`2002
`2003
`
`2004
`
`2005
`
`Description
`Expert Declaration of David Hilliard Williams
`David Hilliard Williams CV
`Ruiz Food Products, Inc.’s Initial Invalidity Contentions,
`Civil Action 6:16-cv-1133
`Expert Report of Dr. Stephen B. Heppe dated January
`25, 2017, Civil Action 6:16-cv-1133
`
`Ruiz Food Products, Inc.’s Final Election of Asserted
`Prior Art, Civil Action 6:16-cv-1133
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`
`
` ii
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`
`
`I.
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`STATEMENT OF RELIEF REQUESTED
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`Patent Owner MacroPoint LLC (“Patent Owner”), pursuant to 35 U.S.C.
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`§ 316(d) and 37 C.F.R. § 42.121, respectfully moves the Patent Trial and Appeal
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`Board (“PTAB” or “Board”) to amend U.S. Patent No. 8,275,358 (Ex. 1001; the
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`“’358 patent”) contingent on the outcome of the trial.
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`If the Board finds claim 1 unpatentable, Patent Owner requests that the
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`Board issue substitute claims 31–48 in lieu of original claims 1–18. Patent Owner
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`notes that this includes replacing original claim 13, which is in independent form,
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`with proposed substitute claim 43 which is written to depend from substitute claim
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`31. Further, if the Board finds claim 19 unpatentable, Patent Owner requests that
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`the Board issue substitute claims 49–60 in lieu of claims 19–30.
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`II.
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`INTRODUCTION
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`As set forth in this Motion and the accompanying Declaration of David
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`Hilliard Williams (Ex. 2001; “Williams Decl.”), this Motion and the proposed
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`substitute claims meet all of the requirements of 37 C.F.R. § 42.121. See Order
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`(Paper 9, “Order”). The Board must assess the patentability of proposed substitute
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`claims “without placing the burden of persuasion on the patent owner.” Aqua
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`Products, Inc. v. Martal, 872 F.3d 1290 (Fed. Cir. 2017). The proposed substitute
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`claims still must meet the statutory requirements of 35 U.S.C. § 316(d) and the
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`procedural requirements of 37 C.F.R. § 42.121. See also “Guidance on Motions to
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` 1
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`
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`Amend in view of Aqua Products” (Nov. 21, 2017)
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`(https://www.uspto.gov/sites/default
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`/files/documents/guidance_on_motions_to_amend_11_2017.pdf) (“Guidance”).
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`Specifically, the motion must: (a) propose a reasonable number of substitute claims
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`for each challenged claim, 35 U.S.C. § 316(d)(1)(B); (b) respond to a ground of
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`unpatentability involved in the trial, 37 C.F.R. § 42.121(a)(2)(i); (c) not seek to
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`enlarge the scope of the claims or introduce new subject matter, 37 C.F.R. §
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`42.121(a)(2)(ii); and (d) set forth the support in the original disclosure of the patent
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`for each substitute claim, 37 C.F.R. § 42.121(b)(1).
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`If the motion to amend satisfies these requirements and the petitioner cannot
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`show unpatentability by a preponderance of the evidence based on the entirety of
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`the record, the motion should be granted and the proposed substitute claims issued.
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`Order 4 (“patent owner does not bear the burden of persuasion to demonstrate the
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`patentability of substitute claims presented in a motion to amend. Rather … the
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`burden of persuasion will ordinarily lie with the petitioner.”). See also Guidance 2.
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`Here, the motion meets all of the requirements of 35 U.S.C. § 316(d) and 37
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`C.F.R. § 42.121. The motion proposes only one substitute claim for each
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`conditionally cancelled claim; each contingent amendment is responsive to a
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`ground of unpatentability involved in this proceeding; none of the amendments
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`seeks to enlarge the scope of the claims or introduce new subject matter; and the
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` 2
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`
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`motion clearly shows the changes sought and the support in the original disclosure
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`of the ‘358 patent for each claim that is added or amended.
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`III. THE PERSON OF ORDINARY SKILL IN THE ART (“POSITA”)
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`Petitioner states that a POSITA would have been “a person having at least a
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`bachelor’s degree in electrical engineering, computer engineering, computer
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`science, or a related discipline, and two to three years of relevant experience in the
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`fields of location/navigation and telecommunications, such as experience with
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`mobile networks and devices. Additional education might substitute for some for
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`the experience and substantial experience might substitute for some of the
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`educational background.” Petition (Paper 2, “Pet.”) 16. Patent Owner accepts this
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`characterization of a POSITA.
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`IV. CLAIM CONSTRUCTION
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`Claims are to be given their broadest reasonable construction in light of the
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`specification as would be read by a POSITA. Only those terms that are in
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`controversy need be expressly construed, and then only to the extent necessary to
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`resolve the controversy. At this time it appears that no terms require express
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`interpretation. Decision 6–7.
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` 3
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`
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`V. THE SUBSTITUTE CLAIMS SATISFY ALL OF THE
`REQUIREMENTS OF 37 C.F.R. § 42.121 AND 35 U.S.C. § 316(D).
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`A. The Motion Proposes One Substitute Claim For Each Challenged
`Claim.
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`As set forth in the accompanying Claims Appendix, for each challenged
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`claim the Patent Owner proposes one substitute claim. This is a presumptive
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`reasonable number. 37 C.F.R. § 42.121(a)(3). See also 35 U.S.C. § 315(d)(1)(B).
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`B.
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`The Proposed Substitute Claims Narrows The Scope Of The
`Claims And Are Responsive To A Ground Of Patentability
`Involved In The Trial.
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`As shown in the attached Claims Appendix, substitute independent claims
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`31 and 49 retain all features/elements of original claims 1 and 19 and do not
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`enlarge the scope of the claims in any way. Rather, the contingent amendments to
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`these independent claims add additional limitations that narrow the scope of the
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`claims. Specifically, the substitute claims each add a limitation directed at the
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`freight carrier providing a code that it obtained from another carrier verifying that
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`the driver has consented to disclosure of location information of the driver’s
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`mobile device. The proposed substitute claims also include an antecedent statement
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`in the preamble that the user is a driver of a freight-carrying vehicle, and make
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`other changes consistent with the proposed, narrowing language.
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`Proposed substitute claim 43 replaces independent claim 13, and now
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`provides that it depends from proposed substitute claim 31. Proposed substitute
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`claim 43 retains all features/elements of the original claim and does not enlarge the
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`scope of the claim in any way. Rather, it has been narrowed by depending from––
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`and therefore adding the additional limitations of––proposed substitute claim 31.
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`The remaining proposed substitute claims are directed at the dependent
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`claims, and the amendments thereto are to reflect the new dependency from the
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`amended independent claims and consistency with the substitute independent
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`claims. Because the additional, narrowing limitations from the independent claims
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`are applicable to all of the dependent claims, the scope of all proposed substitute
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`claims is narrower than the corresponding original claims and therefore do not
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`enlarge the scope of the claims.
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`Further, the proposed substitute claims respond to a ground of
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`unpatentability at trial. Inter partes review was instituted as to all claims (1-30) of
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`the ’358 patent on two grounds: obviousness over Poulin (claims 1, 3–13, 15–19,
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`and 21–30) over Poulin and Karp (claims 2, 14 and 20). Decision 21. Because the
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`proposed substitute claims both (i) include each feature of the claim it replaces and
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`(ii) include new, narrowing features, the proposed amended claims each respond to
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`a ground of unpatentability. See Idle Free Systems, Inc. v. Bergstrom, Inc., Case
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`IPR2012-00027 (PTAB June 11, 2013) (Paper 26) at 5 (“A proposed substitute
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`claim is not responsive to an alleged ground of unpatentability of a challenged
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` 5
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`
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`claim if it does not either include or narrow each feature of the challenged claim
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`being replaced.”).
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`Additionally, neither Poulin nor Karp––alone or in combination––disclose or
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`suggest systems or methods containing all of the limitations of the proposed
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`substitute claims. Williams Decl., ¶¶ 116–124. Poulin (Ex. 1005) is generally
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`directed at providing registered subscribers with location-based services such as
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`navigation, messaging, business, entertainment, and meeting information. Decision
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`8. Subscribers can utilize a profile to control “permissions on when, where, and
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`how other authorized subscribers (members of the group) may obtain an individual
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`subscriber’s own location and status information.” Id.; Ex. 1005 at ¶ 23. Poulin
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`further discloses that a user may “modify group listings to add or remove
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`subscribers from a group.” Id. at ¶ 24.
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`However, Poulin does not disclose any way for location information to be
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`obtained by other users—i.e., by those who are not members of the “group” or
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`those that the user has not specifically authorized. Williams Decl., ¶¶ 120–121.
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`Thus, for example, Poulin generally discusses that its system can be used by
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`employers to track employees, but does not disclose or even suggest ways for an
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`employer to track another’s employees unless they are included in the same
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`“group” or specifically added by the user/employee. Ex. 1005 at ¶¶ 22–24.
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` 6
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`
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`But one of the problems identified in the ’358 patent is the need of a freight
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`carrier to subcontract with a second freight carrier and then to obtain location
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`information of the mobile device of the second freight carrier’s driver. Ex. 1001 at
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`10:9–15; 10:46–57. One solution in the ’358 patent is having the freight carrier
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`obtain a code from the second freight carrier which serves as verification that the
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`first freight carrier has obtained authorization from the second freight carrier to
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`obtain location information of the mobile device of the second freight carrier’s
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`driver. Id. This feature is included in all proposed substitute claims via the last
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`limitation in substitute independent claims 31 and 49. This limitation is not found
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`in Poulin, nor does Poulin suggest this solution or even recognize the problem.
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`Karp (Ex. 1006) likewise does not disclose this feature (or the problem to be
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`overcome). Williams Decl., ¶ 122. Karp is directed to a system and method for
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`tracking clients as they visit different locations. Decision 10; Ex. 1006, Abstract.
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`Accordingly, neither Poulin nor Karp––alone or in combination––teaches the
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`proposed substitute claims. Williams Decl., ¶¶ 116, 124. Further although the
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`burden is not on Patent Owner, it is believed that none of the prior art of record ––
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`alone or in combination––teaches the proposed substitute claims.
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` 7
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`C. The Proposed Substitute Claims Are Supported By The Original
`Disclosure Of The Application For The ’358 Patent.
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`The ’358 patent issued from application 13/409,281(Ex. 1004 starting at 1,
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`the “’281 application”) filed on March 1, 2012. The ’281 application is not based
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`on, and does not claim priority to, any prior application.
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`For purposes of this Motion to Amend, Patent Owner identifies the
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`following portions of the ’281 application providing § 112 support for the
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`proposed substitute claims.
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`1.
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`Independent substitute claim 31
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`The ’281 application provides support for all proposed limitations of
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`substitute claim 31. Williams Decl., ¶¶ 89–93. The preamble references a
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`“computer implemented method for receiving consent from a user of a mobile
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`device to obtaining location information of the mobile device of a driver by a
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`carrier so that the carrier may assign freight for the driver to haul.” The ’281
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`application provides support for these preamble elements at, for example, ¶¶
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`[0062]–[0063] (“For example, the mobile device user may be an independent
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`driver who wishes for the location information of his mobile device to be obtained
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`by a carrier so that the carrier may assign freight for the driver to haul.”). Ex. 1004
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`at 23. See also id. at 9, 18 and 39 (¶¶ [0009] and [0044] and Fig. 2).
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` 8
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`Substitute claim 31 requires the steps of participating in a telephone call
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`with the mobile device during which call the mobile device is identified:
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`participating in a telephone call with the mobile device;
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`within the telephone call, identifying the mobile device at least in part
`by obtaining an identifier associated with the mobile device;
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`The ’281 application provides support for these steps at, for example, ¶ [0044] (“At
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`210, the method 200 includes participating in a telephone call with the mobile
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`device. In one embodiment, the user of the mobile device initiates the telephone
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`call. In another embodiment, the user of the mobile device receives the telephone
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`call. At 220, the method 200 includes identifying the mobile device at least in part
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`by obtaining an identifier associated with the mobile device.”). Id. at 18. See also
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`id. at 9, 19–20 and 39 (¶¶ [0009], [0045] and [0051] and Fig. 2).
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`Substitute claim 31 further requires that during that telephone call certain
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`information is communicated regarding the notice for consent to the obtaining of
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`the location information, including either the notice itself or website location
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`information about where to find the notice:
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`transmitting to the mobile device during the telephone call an
`automated voice message communicating to the user of the mobile
`device at least one of:
`
`
`a notice including information indicating that consenting to the
`obtaining of the location information of the mobile device
`would result in the location information of the mobile device
`being disclosed, and
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` 9
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` a
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`
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` location at which to find the notice, wherein the location at
`which to find the notice is represented by a web address
`corresponding to a website where, during the telephone call, the
`user can find the notice indicating to the user that consenting to
`the obtaining of the location information of the mobile device
`would result in the location information of the mobile device
`being disclosed;
`
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`The ’281 application provides support for these steps at ¶¶ [0009] and [0024]. Id.
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`at 9 and 13.
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`Substitute claim 31 further includes the step of receiving consent from the
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`mobile device:
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`receiving from the mobile device during the telephone call a signal including
`data indicating consent for obtaining the location information of the mobile
`device; and
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`The ’281 application provides support for this step at, for example, ¶ [0009] (“The
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`method further includes receiving from the mobile device a signal including data
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`indicating user consent to obtain the location information of the mobile device.”).
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`Id. at 9. See also id. at 13–14 (¶¶ [0025]–[0027]).
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`Substitute claim 31 further includes the step of receiving a code from the
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`freight carrier to verify that the driver has consented to disclosing the location
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`information of the mobile device:
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`receiving from the carrier a code that the carrier obtained from another
`carrier that serves as verification that the driver has consented to disclosing
`the location information of the mobile device.
`
`
` 10
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`The ’281 application provides support for this step at, for example, ¶¶ [0058] (“The
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`Partner/Code field may display a code corresponding to a partner company or
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`driver. For example, a carrier A may subcontract with another carrier NAT to
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`move freight from location 1 to location 2.”) and [0062] (“In one embodiment
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`(not shown), the user may enter a Partner/Code that serves as verification that the
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`user has obtained authorization from the partner to obtain location information of
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`the mobile device associated with the Telephone Number.”). Id. at 22–23.
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`2.
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`Independent substitute claim 49
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`The ’281 application provides support for all proposed limitations of
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`substitute claim 49, which is generally the system claim equivalent of the method
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`of substitute claim 31. Williams Decl., ¶¶ 94–99.
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`The ’281 application provides support for the preamble of claim 43. The
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`preamble references a “system for receiving user consent to obtaining location
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`information of a mobile device of a driver by a carrier so that the carrier may
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`assign freight for the driver to haul.” The ’281 application provides support for
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`these preamble elements at, for example, ¶¶ [0062]–[0063] (“For example, the
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`mobile device user may be an independent driver who wishes for the location
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`information of his mobile device to be obtained by a carrier so that the carrier may
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`assign freight for the driver to haul.”). Ex. 1004 at 23. See also id. at 10 and 12 (¶¶
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`[0011] and [0022]).
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` 11
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`U.S. Patent No. 8,275,358
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`Substitute claim 49 requires a system configured to participate in a telephone
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`
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`call with the mobile device during which call the mobile device is identified:
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`a communications interface configured to participate in a telephone call with
`the mobile device;
`a validation logic configured to, within the telephone call, identify the
`mobile device at least in part by obtaining an identifier associated with the
`mobile device; and
`The ’281 application provides support for these elements at, for example, ¶ [0011]
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`(“includes a communications interface configured for communication with a
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`mobile device, a validation logic configured to identify the mobile device at least
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`in part by obtaining an identifier associated with the mobile device.”). Id. at 10.
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`See also id. at 12 (¶¶ [0022]–[0023]).
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`Substitute claim 49 further requires that the system is configured so that
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`during that telephone call certain information is communicated by automated voice
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`message regarding the notice for consent to the obtaining of the location
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`information, including either the notice itself or website location information about
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`where to find the notice:
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`a notification logic configured to communicate during the telephone call an
`automated voice message including at least one of:
`a notice including information indicating to the driver that consenting
`to the obtaining of the location information of the mobile device
`would result in the location information of the mobile device being
`disclosed, and
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` 12
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`a location at which to find the notice, wherein the location at which to
`find the notice is represented by a web address corresponding to a
`website where, during the telephone call, the driver can find the notice
`including information indicating to the driver that consenting to the
`obtaining of the location information of the mobile device would
`result in the location information of the mobile device being
`disclosed;
`wherein the communications interface is configured to transmit during the
`telephone call the automated voice message to the mobile device;
`The ’281 application provides support for these elements at ¶¶ [0011] and [0024]–
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`[0025]. Id. at 10 and 13.
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`Substitute claim 49 further includes that the system is configured to
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`receiving consent from the mobile device during the telephone call:
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`wherein the communications interface is further configured to, during the
`telephone call, receive from the mobile device data indicating the driver
`consent for obtaining the location information of the mobile device; and
`The ’281 application provides support for this step at, for example, ¶ [0011] (“The
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`communications interface is configured to transmit the automated voice message to
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`the mobile device and to receive from the mobile device data indicating the user
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`consent to obtaining the location information of the mobile device.”). Id. at 10. See
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`also id. at 13–14 (¶¶ [0025]–[0027]).
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`Substitute claim 49 further includes the step of receiving a code from the
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`freight carrier to verify that the driver has consented to disclosing the location
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`information of the mobile device:
`
` 13
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`
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`a user interface configured to receive from the carrier a code that the carrier
`obtained from another carrier that serves as verification that the driver has
`consented to disclosing the location information of the mobile device.
`The ’281 application provides support for this step at, for example, ¶¶ [0058] (“The
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`Partner/Code field may display a code corresponding to a partner company or
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`driver. For example, a carrier A may subcontract with another carrier NAT to
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`move freight from location 1 to location 2.”) and [0062] (“In one embodiment
`
`(not shown), the user may enter a Partner/Code that serves as verification that the
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`user has obtained authorization from the partner to obtain location information of
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`the mobile device associated with the Telephone Number.”). Id. at 22–23.
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`3.
`
`Dependent substitute claims
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`Proposed substitute claims 32–48, and 50–60 are amended only to reflect
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`their new dependency from the substitute independent claims and for consistency
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`with the substitute independent claims. The ’281 application provides support for
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`all features of the proposed substitute dependent claims. Williams Decl., ¶¶ 100–
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`115.
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`Substitute claims 32 and 50 are directed to obtaining consent via a toll-free
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`telephone call and the telephone number of the mobile device is obtained via
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`automatic number identification. The ’281 application provides support for these
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`elements at, for example, ¶¶ [0023] (“In one embodiment, where the
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`communications interface 120 is associated with a toll free number as discussed
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` 14
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`
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`above, the validation logic 130 is configured to identify the mobile device 110 at
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`least in part by obtaining the telephone number associated with the mobile device
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`110 via automatic number identification (ANI).”) and [0044] (“In one
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`embodiment, the mobile device user places the telephone call to a toll free number
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`and the identifying the mobile device includes obtaining a telephone number
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`associated with the mobile device via automatic number identification (ANI).”).
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`Ex. 1004 at 12 and 18.
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` Substitute claims 33 and 51 are directed to communicating via an automated
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`voice message notifying that the location information of the mobile device is
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`currently being disclosed. The ’281 application provides support for these elements
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`at, for example, ¶¶ [0038] (“when the location information of the mobile device
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`110 is being disclosed, the notification logic 140 is further configured to
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`periodically generate and the communications interface 120 is further configured
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`to periodically communicate a reminder notification message reminding the user
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`that the location information of the and mobile device 110 is currently being
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`disclosed.”) and [0039] (“In one embodiment, the communications interface 120
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`reminds the user in an automated voice message that the location information of
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`the mobile device 110 is currently being disclosed.”). Id. at 16–17.
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`Substitute claims 34 and 52 are directed to receiving a data signal indicating
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`consent where either the user has performed an action on the mobile device or the
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` 15
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`user has given a voice command via the mobile phone. The ’281 application
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`provides support for these elements at, for example, ¶ [0047] (“the receiving from
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`the mobile device consent for obtaining the location information of the mobile
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`device includes receiving data indicating that the user of the mobile device has
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`performed an action on the mobile device. For example, the user may have pressed
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`a key in the mobile device, touched or swipe a particular portion of the device's
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`screen, shaken the mobile device, combinations thereon and so on. In another
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`embodiment, the receiving from the mobile device consent for obtaining the
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`location information of the mobile device includes receiving a voice command
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`from the mobile device.”). Id. at 19.
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`Substitute claims 35 and 53 are directed to receiving a data signal indicating
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`consent which corresponds to an SMS message including the term “share.” The
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`’281 application provides support for these elements at, for example, ¶ [0037] (“In
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`one embodiment, the user is given the option to indicate consent to the disclosure
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`of location information by texting (e.g., SMS message) the term “share” using the
`
`mobile device 110.”). Id. at 16. See also id. at 21 (¶ [0055]).
`
`Substitute claims 36 and 54 are directed to, after receiving consent,
`
`requesting location information by using in part the identifier associated with the
`
`mobile device and receiving a signal including the location information of the
`
`mobile device. The ’281 application provides support for these elements at, for
`
` 16
`
`
`
`
`example, ¶ [0049] (“In one embodiment, after receiving from the user consent for
`
`IPR2017-02016
`U.S. Patent No. 8,275,358
`
`
`obtaining the location information of the mobile device, the method 200 includes
`
`transmitting a request for the location information of the mobile device and
`
`receiving the location information of the mobile device.”). Id. at 19. See also id. at
`
`19–20 (¶ [0050]).
`
`Substitute claims 37 and 55 are directed to transmitting data including the
`
`location information of the mobile device and exposing an API from which the
`
`obtaining party can access the location information of the mobile device. The ’281
`
`application provides support for these elements at, for example, ¶ [0050] (“In one
`
`embodiment, communicating the location information to the obtaining party
`
`includes … (b) exposing an application programming interface (API) from which
`
`the obtaining party can access the location information of the mobile device.”). Id.
`
`at 19–20.
`
`Substitute claims 38 and 56 are directed to communicating the location
`
`information to a freight service provider to have access to the location information
`
`of freight carried by the vehicle carrying the mobile device. The ’281 application
`
`provides support for these elements at, for example, ¶¶ [0003]–[0005], [0021],
`
`[0031], and [0058]. Id. at 8–9, 12, 14 and 22.
`
`Substitute claims 39 and 57 are directed to sending a second automated
`
`voice message indicating that consent is revocable via the mobile device. The ’281
`
` 17
`
`
`
`
`application provides support for these elements at, for example, ¶ [0034] (“In one
`
`IPR2017-02016
`U.S. Patent No. 8,275,358
`
`
`embodiment, the second automated voice message communicates to the user that
`
`to indicate the user's confirmation of consent or the user's revocation of consent to
`
`the obtaining of the location information of the mobile device 110”). Id. at 15. See
`
`also id. at 15–16 (¶¶ [0033]–[0035]).
`
`Substitute claims 40 and 58 are directed to receiving a signal from the
`
`mobile device indicating that consent has been revoked. The ’281 application
`
`provides support for these elements at, for example, ¶¶ [0051] (“Figure 3 illustrates
`
`an exemplary method 300 for receiving from a user a revocation of consent to
`
`obtain location information of a mobile device.”) and [0052] (“At 340, the method
`
`300 includes receiving from the mobile device revocation of the consent to obtain
`
`the location information of the mobile device.”). Id. at 20.
`
`Substitute claims 41, 46 and 59 are directed to receiving a signal from the
`
`mobile device indicating that consent has been revoked via an SMS message
`
`including the term “hide”. The ’281 application provides support for these
`
`elements at, for example, ¶¶ [0037] (“In one embodiment, the user is given the
`
`option to temporarily revoke consent to the disclosure of location information by
`
`texting (e.g., SMS message) the term "hide" using the mobile device 110.”) and
`
`[0055] (“In one embodiment, the user is given the option to temporarily revoke
`
` 18
`
`
`
`
`consent to the disclosure of location information by texting (e.g., SMS message)
`
`IPR2017-02016
`U.S. Patent No. 8,275,358
`
`
`the term "hide" using the mobile device 110.”). Id. at 16 and 21.
`
`Substitute claims 42, 48 and 60 are directed to receiving a signal from the
`
`mobile device indicating that consent has been temporarily revoked and indicating
`
`at least one of a time at which consent is revoked or an interval of time during
`
`which consent is revoked, and wherein consent is unrevoked until the time of
`
`revocation or upon expiration of the interval during which consent is revoked. The
`
`’281 application provides support for these elements at ¶¶ [0036] and [0054]. Id. at
`
`16, 20–21.
`
`Substitute claim 43 is directed to the revocation of consent during a
`
`telephone call subsequent to the telephone call obtaining consent in substitute
`
`claim 31. The ’281 application provides support for these elements at, for example,
`
`¶ [0051] (“Figure 3 illustrates an exemplary method 300 for receiving from a user
`
`a revocation of consent to obtain location information of a mobile device. At 310,
`
`the method 300 includes participating in a telephone call with the mobile device.”).
`
`Id. at 13. See also id. (¶ [0052]).
`
`Substitute claim 44 is directed to revoking consent via a toll-free telephone
`
`call and the telephone number of the mobile device is obtained via automatic
`
`number identification. The ’281 application provides support for these elements at,
`
`for example, ¶ [0051] (“Figure 3 illustrates an exemplary method 300 for receiving
`
` 19
`
`
`
`
`from a user a revocation of consent to obtain location information of a mobile
`
`IPR2017-02016
`U.S. Patent No. 8,275,358
`
`
`device. At 310, the method 300 includes participating in a telephone call with the
`
`mobile device…. In one embodiment, the user places the telephone call to a toll
`
`free number.”). Id. at 20.
`
`Substitute claim 45 is directed to receiving a data signal indicating
`
`revocation of consent where the user has performed an action on the mobile
`
`device. The ’281 application provides support for these elements at, for example,
`
`¶ [0053] (“In one embodiment, the receiving from the mobile device revocation of
`
`consent for obtaining the location information of the mobile device includes
`
`receiving data indicating that the user of the mobile device has performed an action
`
`on the mobile device.”). Id.
`
`
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