`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`
`RUIZ FOOD PRODUCTS, INC.,
`
`Petitioner,
`
`v.
`
`MACROPOINT LLC,
`
`Patent Owner.
`
`__________
`
`Case IPR2017-02016
`U.S. Patent No. 8,275,358 B1
`__________
`
`DECLARATION OF DAVID HILLIARD WILLIAMS
`
`
`
`
`MACROPOINT EX. 2001
`
`
`
`
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`TABLE OF CONTENTS
`LIST OF EXHIBITS ................................................................................................ iii
`I.
`INTRODUCTION AND SCOPE OF WORK ................................................ 1
`II.
`SUMMARY OF OPINIONS ........................................................................... 2
`III. BACKGROUND AND QUALIFICATIONS ................................................. 3
`IV. LEGAL STANDARDS ................................................................................... 6
`A. My Understanding Of Claim Construction ........................................... 6
`B. My Understanding of Obviousness ....................................................... 6
`LEVEL OF ORDINARY SKILL IN THE ART ........................................... 10
`V.
`VI. OVERVIEW OF THE ’659 PATENT .......................................................... 10
`VII. SUMMARY OF PRIOR ART IDENTIFIED BY PETITIONER ................ 15
`A.
`Poulin (Ex. 1005) ................................................................................ 15
`B.
`Karp (Ex. 1006) ................................................................................... 19
`VIII. DETAILED OPINIONS AND ANALYSIS ................................................. 23
`A. Ground 1: Claims 1, 3, 8, 12, 13, 19, 21 And 26 Are Not
`Rendered Obvious Under 35 U.S.C. § 103 By Poulin ........................ 23
`1.
`Claims 1 and 19: Poulin does not disclose the “notice”
`element of claims 1 and 19 and it would not have been
`obvious to a POSITA to modify Poulin. ................................... 23
`Claims 3 and 21: Poulin does not disclose the periodic
`message to the user notifying her that location
`information is “currently being disclosed.” .............................. 25
`Claims 8 and 26: Poulin does not disclose providing the
`location information of freight carried by a vehicle
`carrying the mobile device as required by claims 8 and
`
`2.
`
`3.
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`i
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`4.
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`5.
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`
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`B.
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`26 and it would not have been obvious to a POSITA to
`modify Poulin. ........................................................................... 27
`Claim 12: Poulin does not disclose the temporary
`revocation of consent steps of claim 12. ................................... 28
`Claim 13: Poulin does not disclose the “communicating
`to the user … that consent to obtain the location
`information is revocable” element of claim 13 and it
`would not have been obvious to a POSITA to modify
`Poulin. ....................................................................................... 30
`Ground 2: Claims 2, 14 And 20 Are Not Rendered Obvious
`Under 35 U.S.C. § 103 By Poulin And Karp ...................................... 32
`IX. MOTION TO AMEND ................................................................................. 32
`A.
`Independent Substitute Claim 31 ........................................................ 33
`B.
`Independent Substitute Claim 49 ........................................................ 34
`C.
`Dependent Substitute Claims .............................................................. 36
`CONCLUSION ........................................................................................................ 41
`
`
`
`
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`
`ii
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`Exhibit Number
`2001
`2002
`2003
`
`2004
`
`2005
`
`LIST OF EXHIBITS
`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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`iii
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`
`
`I.
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`I, David Hilliard Williams, declare as follows:
`
`INTRODUCTION AND SCOPE OF WORK
`I have been retained on behalf of the Patent Owner for the above-cap-
`1.
`
`tioned inter partes review proceeding. I am being compensated for my time in con-
`
`nection with this IPR at my standard hourly consulting rate. I understand that this
`
`proceeding involves U.S. Patent No. 8,275,358 (“the ’358 patent”) titled “Providing
`
`Notice And Receiving Consent To Obtain Location Information Of A Mobile De-
`
`vice” by Bennett H. Adelson, and that the ’358 patent is currently assigned to
`
`Macropoint LLP.
`
`2.
`
`I have reviewed and am familiar with the specification of the ’358 pa-
`
`tent filed on March 1, 2012. I understand that the ’358 patent has been provided as
`
`Exhibit 1001. I will cite to the specification using the following format: (1:1-10).
`
`This example citation points to the ’659 patent specification at column 1, lines 1-10.
`
`3.
`
`I have reviewed and am familiar with the file history of the ’358 patent.
`
`I understand that the file history has been provided as Exhibit 1004.
`
`4.
`
`In preparing this Declaration, I have also reviewed and considered the
`
`materials of record in IPR2017–02016 as of the time of signing this Declaration,
`
`including but not limited to the Petition (Paper 1) and Exhibits thereto, including the
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`Declaration of Mr. Denning (Ex. 1002); U.S. Patent Publication No. 2002/0115453
`
`to Poulin et al. (Ex. 1005; “Poulin”); U.S. Patent No. 6,591,242 to Karp et al. (Ex.
`
`1
`
`
`
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`1006, “Karp”); the Decision dated March 19, 2018 (Paper 7; “Decision”). In addi-
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`tion, I have reviewed:
`
`• Macropoint’s Motion to Amend
`
`• Ruiz Food Products, Inc.’s Initial Invalidity Contentions, Civil
`Action 6:16-cv-1133 (Ex. 2003)
`
`• Expert Report of Dr. Stephen B. Heppe dated January 25, 2017,
`Civil Action 6:16-cv-1133 (Ex. 2004)
`
`• Ruiz Food Products, Inc.’s Final Election of Asserted Prior Art,
`Civil Action 6:16-cv-1133 (Ex. 2005)
`
`5.
`
`I have been asked to provide my technical review, analysis, insights,
`
`and opinions regarding the ’358 patent and the above-noted references that form the
`
`basis for the grounds of rejection set forth in the Decision, as well as the Motion to
`
`Amend and proposed substitute claims.
`
`II.
`
`SUMMARY OF OPINIONS
`Based on my experience and expertise, discussed below, and my review
`6.
`
`of the Papers and evidence in this inter partes review, it is my opinion that none of
`
`claims 1-30 of the ’358 patent is obvious in view of the cited art.
`
`2
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`
`
`
`III. BACKGROUND AND QUALIFICATIONS
`In formulating my opinions, I have relied upon my training, knowledge,
`7.
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`and experience in the relevant art. A copy of my current curriculum vitae is provided
`
`as Ex. 2002, and it provides a comprehensive description of my academic and em-
`
`ployment history over the last thirty-plus years.
`
`8.
`
`I have over 30 years of experience in wireless location services, includ-
`
`ing experience implementing Wireless 911 (E911) systems and designing, imple-
`
`menting, and managing numerous location-based service (LBS) applications such as
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`family tracking and fleet, worker, and asset tracking management. I am currently the
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`President of the company E911-LBS Consulting, and I have been with the company
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`since 2002. As the President of E911-LBS Consulting, I provide services across the
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`entire wireless value chain, particularly with respect to technology and business stra-
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`tegic planning and product design and development associated with LBS, Global
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`Positioning Satellite (GPS) systems, E911, Real-Time Location Systems (RTLS),
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`Radio Frequency Identification (RFID), beacon, and other location determination
`
`and sensing technologies and services.
`
`9.
`
`I have extensive expertise in all aspects of LBS delivery across the
`
`wireless location ecosystem including enabling network, map data, geospatial plat-
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`form, chipset, data management, device, and location determination infrastructure
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`3
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`
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`and integration providers. I am an expert in all related aspects of LBS, including data
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`privacy and security management.
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`10. For example, I managed the development and launch of several con-
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`sumer-oriented LBS applications including mobile social networking, family track-
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`ing and local search for a major wireless carrier (AT&T). This work included the
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`development of corporate-wide location data privacy policies and their systemic im-
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`plementation for all LBS customers. My work in both data privacy and mobile social
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`networking resulted in my co-inventing a patent in this field titled "Method and Ap-
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`paratus for Providing Mobile Social Networking Privacy." (U.S. Patent Number
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`8,613,109, issued on December 17, 2013). This patent also involved obtaining con-
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`sent from account owners for location tracking and providing periodic notifications
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`to account members that their location was being tracked.
`
`11.
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`I also managed the launch, updates to, and ongoing product manage-
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`ment of numerous business mobile resource management (MRM) products on behalf
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`of AT&T. These products include applications and supporting subsystems for field
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`worker tracking and management, fleet/vehicle tracking and management, and asset
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`tracking and management. Several of these products were targeted at the freight
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`hauling/delivery tracking and management industry.
`
`12.
`
`I also have a great deal of experience related to E911 systems. For ex-
`
`ample, in 2003-2004, I consulted with AT&T Wireless on their implementation of
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`4
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`
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`E911 systems. Specifically, I led the development of implementation and monitoring
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`of systems in AT&T Wireless Western Region as part of their deployment of TDOA
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`(Time Difference of Arrival) non-GPS E911 network location infrastructure to meet
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`the wireless E911 location requirements mandated by the FCC. In 2004-2005, I
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`worked with NAVTEQ, a key provider of LBS and E911 location map data, in de-
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`veloping their application developer ecosystem and website, providing developers
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`with access to all of NAVTEQ’s product and technical resources for developing lo-
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`cation-related applications, including data products involving 911 GIS (Geograph-
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`ical Information Systems).
`
`13.
`
`I have authored multiple books on wireless location, including:
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`• The Definitive Guide to GPS, RFID, Wi-Fi, and Other Wireless Location-
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`Based Services (2005 and 2009 versions);
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`• The Definitive Guide to Wireless E911; and
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`• The Definitive Guide to Mobile Positioning and Location Management
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`(co-author).
`
`14.
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`I received a B.S. degree, in Electrical Engineering, from Purdue Uni-
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`versity in 1983 with top honors. I received a MBA degree, in Information Systems
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`Management, from The University of Texas at Austin in 1987, also with top honors.
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`5
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`
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`IV. LEGAL STANDARDS
`In preparing my analysis, I have applied the legal standards described
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`below, which were provided to me by counsel for the Patent Owner. I have been
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`provided with an understanding of the legal standards sufficient to conduct the anal-
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`ysis given in this report.
`
`A. My Understanding Of Claim Construction
`
`16.
`
`I understand that, during an inter partes review, claims are to be given
`
`their broadest reasonable construction in light of the specification as would be read
`
`by a person of ordinary skill in the relevant art (“POSITA”). I understand that only
`
`those terms that are in controversy need be expressly construed, and then only to the
`
`extent necessary to resolve the controversy. At this time it appears that no terms
`
`require express interpretation. Decision 6–7.
`
`B. My Understanding of Obviousness
`
`17.
`
`I understand that a patent claim is invalid if the claimed invention
`
`would have been obvious to a person of ordinary skill in the field at the time the
`
`application was filed. This means that even if all of the requirements of the claim
`
`cannot be found expressly in a single prior art reference that would anticipate the
`
`claim, the claim can still be invalid.
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`6
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`18. As part of this inquiry, I have been asked to consider the level of ordi-
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`nary skill in the field that someone would have had at the time the claimed invention
`
`was made. In deciding the level of ordinary skill, I considered the following:
`
`•
`
`•
`
`•
`
`the levels of education and experience of persons working in the field;
`
`the types of problems encountered in the field; and
`
`the sophistication of the technology.
`
`19. To obtain a patent, a claimed invention must have, as of the priority
`
`date, been nonobvious in view of the prior art in the field. I understand that an in-
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`vention is obvious when the differences between the subject matter sought to be
`
`patented and the prior art are such that the subject matter as a whole would have
`
`been obvious at the time the invention was made to a POSITA.
`
`20.
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`I understand that to prove that prior art or a combination of prior art
`
`renders a patent obvious, it is necessary to (1) identify the particular references that,
`
`singly or in combination, make the patent obvious; (2) specifically identify which
`
`elements of the patent claim appear in each of the asserted references; and (3) ex-
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`plain how the prior art references could have been combined in order to create the
`
`inventions claimed in the asserted claim.
`
`21.
`
`I also understand that prior art references can be combined under sev-
`
`eral different circumstances. For example, it is my understanding that one such cir-
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`cumstance is when a proposed combination of prior art references results in a system
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`7
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`
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`that represents a predictable variation, which is achieved using prior art elements
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`according to their established functions. It is also my understanding that prior art
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`references can be combined when the combination could be performed using known
`
`techniques, and if the corresponding results would have been predictable to a
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`POSITA.
`
`22.
`
`I further understand that whether there is a reasonable expectation of
`
`success from combining references in a particular way is also relevant to the analy-
`
`sis. I understand there may be a number of rationales that may support a conclusion
`
`of obviousness, including:
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`• Combining prior art elements according to known methods to yield pre-
`
`dictable results;
`
`• Substitution of one known element for another to obtain predictable re-
`
`sults;
`
`• Use of known technique to improve similar devices (methods, or products)
`
`in the same way;
`
`• Applying a known technique to a known device (method, or product) ready
`
`for improvement to yield predictable results;
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`• "Obvious to try" – choosing from a finite number of identified, predictable
`
`solutions, with a reasonable expectation of success;
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`8
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`• Known work in one field of endeavor may prompt variations of it for use
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`in either the same field or a different one based on design incentives or
`
`other market forces if the variations are predictable to one of ordinary skill
`
`in the art; or
`
`• Some teaching, suggestion, or motivation in the prior art that would have
`
`led one of ordinary skill to modify the prior art reference or to combine
`
`prior art teachings to arrive at the claimed invention.
`
`23.
`
`I understand that it is not proper to use hindsight to combine references
`
`or elements of references to reconstruct the invention using the claims as a guide.
`
`My analysis of the prior art is made as of the time the invention was made.
`
`24.
`
`I understand that certain objective indicia can be important evidence
`
`regarding whether a patent is obvious or nonobvious. Such indicia include: commer-
`
`cial success of products covered by the patent claims; a long-felt need for the inven-
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`tion; failed attempts by others to make the invention; copying of the invention by
`
`others in the field; unexpected results achieved by the invention as compared to the
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`closest prior art; praise of the invention by the infringer or others in the field; the
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`taking of licenses under the patent by others; expressions of surprise by experts and
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`those skilled in the art at the making of the invention; and the patentee proceeded
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`contrary to the accepted wisdom of the prior art.
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`9
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`
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`V. LEVEL OF ORDINARY SKILL IN THE ART
`I understand that a person of ordinary skill in the art is one who is pre-
`25.
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`sumed to be aware of all pertinent art, thinks along conventional wisdom in the art,
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`and is a person of ordinary creativity. Petitioner proposed defining a person of ordi-
`
`nary skill in the art (“POSITA”) as “a person having at least a bachelor’s degree in
`
`electrical engineering, computer engineering, computer science, or a related disci-
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`pline, and two to three years of relevant experience in the fields of location/naviga-
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`tion and telecommunications, such as experience with mobile networks and devices.
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`Additional education might substitute for some for the experience and substantial
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`experience might substitute for some of the educational background.” Petition 16. I
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`have been instructed to accept this definition.
`
`26.
`
`I believe that I am qualified to provide opinions as to what a person of
`
`ordinary skill in the art would have understood, known, or concluded at the time of
`
`the filing of the application for ’358 patent.
`
`VI. OVERVIEW OF THE ’659 PATENT
`27. The ’358 patent is directed to systems and methods for providing noti-
`
`fication to and receiving consent from a user whose mobile device's location is to be
`
`obtained. Ex. 1001 at 1:9-11.
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`10
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`
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`28. An illustration is shown of an exemplary system 100 for providing user
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`notification and receiving user consent
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`to obtaining location information of a
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`mobile device 110 of the user. Id. at
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`FIG. 1. The system 100 includes a com-
`
`munications interface 120 configured
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`for communication with the mobile de-
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`vice 110. The communications inter-
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`face 120 is configured to participate in telephone calls with the mobile device 110.
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`Id. at 1:56-62.
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`29. Validation logic 130 is configured to identify the mobile device 110 at
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`least in part by obtaining an identifier associated with the mobile device 110. Ob-
`
`taining the identifier associated with the mobile device 110 ensures that the right
`
`party, the user, is notified that location information of the mobile device 110 will be
`
`used and that the right party, the user, consents to the use of the location information.
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`Id. at 4:3-10.
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`30. The system 100 further includes a notification logic 140 that is config-
`
`ured to communicate a signal including data representing an automated voice mes-
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`sage. In one embodiment, the automated voice message provides a notice to the user
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`of the mobile device 110 that includes information indicating to the user that
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`11
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`
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`consenting to the obtaining of the location information of the mobile device 110
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`would result in the location information of the mobile device 110 being disclosed.
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`Id. at 4:27-35.
`
`31.
`
`In one embodiment, the location information provider 150 is a wireless
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`service provider. In another embodiment, the location information provider 150 is a
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`third party that receives the location information from the wireless service provider.
`
`In yet another embodiment, the location information provider 150 is a party other
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`than the wireless service provider or a third party. Id. at 5:22-28.
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`32.
`
`In one embodiment, the communications interface 120 is configured to
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`communicate the location information to the obtaining party 160 by transmitting the
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`location information of the mobile device to the obtaining party 160 through com-
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`puter communication. Id. at 5:43-47.
`
`33. Utilizing the exemplary system, the ’358 patent further describes a
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`method for obtaining consent of the mo-
`
`bile device 110 user to obtain her loca-
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`tion information. Id. at FIG. 2 (right). At
`
`210, the method 200 includes participat-
`
`ing in a telephone call with the mobile
`
`device. In one embodiment, the user of
`
`the mobile device initiates the telephone call. In another embodiment, the user of the
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`12
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`
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`mobile device receives the telephone call. At 220, the method 200 includes identi-
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`fying the mobile device at least in part by obtaining an identifier associated with the
`
`mobile device. In one embodiment, the identifier is a telephone number associated
`
`with the mobile device. Id. at 7:62-8:3.
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`34. At 230, the method 200 includes transmitting to the mobile device a
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`signal including data representing an automated voice message. The automated
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`voice message communicates to the user of the mobile device at least one of: (a) a
`
`notice including information indicating that consenting to the obtaining of the loca-
`
`tion information of the mobile device would result in the location information of the
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`mobile device being disclosed, or (b) a location at which to find the notice. Id. at
`
`8:17-24.
`
`35. At 240, the method 200 includes receiving from the user via the mobile
`
`device consent for obtaining the location information of the mobile device. Id. at
`
`8:25-27.
`
`36.
`
`In some embodiments, when the location information of the mobile de-
`
`vice 110 is being disclosed, the system is further configured to periodically generate
`
`and to periodically communicate a reminder notification message reminding the user
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`that the location information of the mobile device 110 is currently being disclosed.
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`Id. at 6:64-67.
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`13
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`37. The ’358 patent further describes a method for the mobile device 110
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`
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`user to revoke consent for obtaining her location information. Id. at FIG. 3 (below).
`
`For example, at 310, the method 300 in-
`
`cludes participating in a telephone call with
`
`the mobile device. In one embodiment, the
`
`user of the mobile device initiates the tele-
`
`phone call. Id. at 8:58-63.
`
`38. At 320, the method 300 in-
`
`cludes identifying the mobile device at least in part by obtaining an identifier asso-
`
`ciated with the mobile device. In one embodiment, the identifier is a telephone num-
`
`ber associated with the mobile device. Id. at 8:64-9:1.
`
`39. At 330, the method 300 includes communicating to the user via an au-
`
`tomated voice message transmitted to the mobile device information indicating that
`
`consent to obtain the location information is revocable via the mobile device. Id. at
`
`9:8-11.
`
`40. At 340, the method 300 includes receiving from the mobile device rev-
`
`ocation of the consent to obtain the location information of the mobile device. Id. at
`
`9:8-11.
`
`14
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`VII. SUMMARY OF PRIOR ART IDENTIFIED BY PETITIONER
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`IPR2017-02016
`U.S. Patent No. 8,275,358
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`A.
`
`Poulin (Ex. 1005)
`
`41. Poulin is entitled “Method and System for Location Based Wireless
`
`Communication Services” and is directed to providing registered subscribers with
`
`location-based services such as navigation, messaging, business, entertainment and
`
`meeting information. Ex. 1005 at Abstract.
`
`42. Poulin describes a
`
`location-
`
`based service center (LBSC) 100 and a plu-
`
`rality of wireless devices 102-104. Id. at
`
`[0050]; FIG. 4 (right). The LBSC 100 com-
`
`prises a processing system coupled to an in-
`
`terface system. Id. at [0035]. The LBSC 100
`
`is connected to the wireless network 400, the short message service center (SMSC)
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`403 and the LFE 402. Id. at [0051]. The SMSC 403 could be a conventional device
`
`that allows short text messages to be exchanged between the wireless devices 102-
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`104 and other networks or network elements such as the LBSC 100. Id. at [0053].
`
`43. The wireless devices, 102-104, could be any wireless devices config-
`
`ured to exchange information over a wireless network including conventional wire-
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`less telephones, personal data assistants, and notebook computers. Id. at [0039].
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`15
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`44. The wireless communication network 400 could be a conventional
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`
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`wireless network that provides wireless communication services. Some examples of
`
`the wireless communication services include personal communications service, mi-
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`crowave multipoint distribution service, millimeter wave service, code division mul-
`
`tiple access service, and time division multiple access service. Id. at [0052].
`
`45. The Internet user device 405 could be any device configured to connect
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`and exchange information over the Internet 401. Some examples of the Internet user
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`device 405 include without limitation, a desktop computer, a notebook computer,
`
`and a personal data assistant. The connection from the LBSC 100 to the Internet user
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`device 405 is over the Internet 401 using an Internet browser and Internet service
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`provider. Id. at [0053].
`
`46. Figure 6, below, illustrates the Poulin system from a wireless device. A
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`call is received in the LBSC 100 from a wireless device, e.g. 102, over the wireless
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`network 400 and place to the service manager 304. Id. at FIG 6. Responsive to re-
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`ceiving the call, the service manager 304 identifies the calling device 102 to deter-
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`mine if the device 102 is known or registered with the LBSC 100. Id. at [0065].
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`47.
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`If the service manager 304 determines that the device 102 is not regis-
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`tered with the LBSC 100, a profile request message is sent to the mobile device 102.
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`It could be a voice message provided using the IVR 309 or could be a short text
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`message using the SMSC 403. Responsive to the profile information request mes-
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`sage, the profile information is provided to the service manager 304 using the wire-
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`less device 102. The profile information might be an abbreviated profile received for
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`the purpose of registering the device 102, and the subscriber would be prompted to
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`provide additional profile information via the Internet registration process of FIG. 5
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`at a later date. Id. at [0066].
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`48. The profile defines permission on when, where, and how other author-
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`ized subscribers (members of the group) may obtain an individual subscriber’s own
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`location and status information. For example, permission may be granted according
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`to a time of day, day of the week, e.g. Monday-Friday from 4:00 PM-1:00 AM or
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`always. Permission may also be granted within a specified geography, e.g. city,
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`county, country or arbitrary subscriber defined area. Id. at [0023]. As an override to
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`existing rules contained in the subscriber’s profile, the communication service also
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`permits the subscriber to globally turn ON or turn OFF permission to be located and
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`serviced. Id. at [0024].
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`49. Once a subscriber is activated, Poulin describes various located-based
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`services that can be offered:
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`The present service is designed to provide fun finding meeting areas and
`venues where subscribers can spontaneously meet, or plan to meet, with
`other subscribers. The service may also serve as an introductory meeting ser-
`vice for subscribers interested in a casual date or impromptu meeting. Sub-
`scribers use their wireless devices such as telephones, personal data assis-
`tants, and notebook computers to obtain the service area information, venue
`information, and subscriber information. Active subscribers may also com-
`municate with other active subscribers using their wireless devices by send-
`ing short messages or placing voice calls. It should be noted that the contact
`information for other active subscribers is provided as part of the subscriber
`information, which subscribers have consented too, so that subscribers can
`feel comfortable sending a short message or placing a voice call to other ac-
`tive subscribers, which they may not previously have known. Advanta-
`geously, the present service provides subscribers with access to information
`on villages that they are located in or proximately located too as well as
`events, attractions and other subscribers located in or near the same village.
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`Id. at [0029]. Poulin also describes a procedure for a subscriber to deactivate her
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`U.S. Patent No. 8,275,358
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`subscription. After a pre-determined period of time, the service manager 304 pro-
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`vides a service deactivation message to the device 102. Depending on the sub-
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`scriber’s response, the service manager 304 processes the response from the wire-
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`less device 102 to deactivate or continue providing the service. If the service is de-
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`activated, then no additional information is provided to the device 102. Id. at
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`[0073].
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`B. Karp (Ex. 1006)
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`50. Karp is entitled “Visit Verification Method and System” and is directed
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`to a system and method for tracking clients as they visit different locations. Ex. 1006
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`at Abstract. Karp is more fully described below in Figure 1 and the accompanying
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`description, but petitioner relies on Karp solely for the narrow proposition that a
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`POSITA would know that a mobile telephone could be identified using its automatic
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`number identification. Petition 15 and 55.
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`51. The system of Karp includes a public switched telephone network
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`(PSTN) for interfacing a computer 120 with wireless phone 112 and/or a standard
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`plain old telephone service (POTS) phone 114. Ex. 1006 at FIG 1. The PSTN in-
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`cludes wired segments 118A and wireless segments 118B. The wired segment in-
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`cludes central offices 130A-B connected over a digital backbone 124C, such as the
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`integrated services digital network (ISDN). Central office 130B is connected by mo-
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`dem link 132 to computer 120. Central office 130A is connected by analog sub-
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`scriber line 124A to fixed phone 114 located at call site 150A. The wireless segment
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`118B includes a plurality of cells 128A-B each represented by a transceiver. Each
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`of the cells is connected by a wired/wireless link 124B to central office 130A. Com-
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`munications between cellular phone 112 at call site 150B and computer 120 are made
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`across both wired and wireless segments of the PSTN. Either the fixed or wireless
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`phone may provide an identification device. Biometric input device 116 is shown
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`connected to fixed phone 114. Id. at 3:40-59.
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`52. The computer 120 includes a timer 138 and a storage device 136. The
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`storage device includes reports 122, databases 134, and program code 146 for im-
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`plementing processes 140. The databases may include employee biological parame-
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`ters, geographic data, and payroll information. Id. at 3:60-65.
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`53. The computer implements processes 140 for determining on the basis
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`of information from a packet 144 received from the client: who called, when they
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`called, where they called from, what they did when they were at the location, and
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`how long they were at the location. Caller/clients 11A-B have their respective unique
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`biometric parameters 142A-B. Each of the clients has a unique biometric parameter
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`that include, for example: voice print, finger print, or iris print. Id. at 3:66-4:7.
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`54. Biometric input device 116 allows a client to enter biometric parame-
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`ters other than voice. For instance, the identification device can be used to electron-
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`ically transmit information concerning the client’s fingerprints and/or iris print. The
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`identification devices can be included directly on the phones 112-114 or included in
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`a base station included at the recipient’s location. The identification device can also
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`be carried by the clients 11A-B and include an interface which allows the identifi-
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`cation device to communicate with the PSTN 118. Id. at 4:8-17.
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`55.
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`In operation, the caller/clients 110A/B place a call upon arrival at the
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`respective call sites 150A-B. The call site may be the home of a person who is home-
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`bound or receiving a visit from a nurse, or it may be a job site for a sales call, repair
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`or for delivery of goods. Accordingly, the recipient can be an individ
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