`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`In re Patent of: Michael J. Koss
`U.S. Patent No.:
`10,298,451 Attorney Docket No.: 50095-0020IP1
`Issue Date:
`May 21, 2019
`
`Appl. Serial No.: 16/057,360
`
`Filing Date:
`August 7, 2018
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`Title:
`CONFIGURING WIRELESS DEVICES FOR A WIRELESS
`INFRASTRUCTURE NETWORK
`
`DECLARATION OF DR. JEREMY COOPERSTOCK
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`Declaration of Dr. Jeremy Cooperstock
`U.S. Patent No. 10,298,451
`TABLE OF CONTENTS
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`I.
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`INTRODUCTION ........................................................................................ 1
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`II. QUALIFICATIONS ..................................................................................... 2
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`III. BACKGROUND ........................................................................................... 4
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`IV.
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`V.
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`SUMMARY OF MY OPINIONS ................................................................ 6
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`OVERVIEW OF THE ’451 PATENT ........................................................ 7
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`Brief Description .................................................................................. 7
`A.
`Summary Of The Prosecution History ............................................... 11
`B.
`Interpretations of Claim Terms .......................................................... 13
`C.
`Person of Ordinary Skill in the Art .................................................... 14
`D.
`VI. OVERVIEW OF PRIOR ART .................................................................. 14
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`A.
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`B.
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`C.
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`D.
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`E.
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`The Brown-Scherzer Combination .................................................... 14
`1. Overview of Brown ...................................................................... 14
`2. Overview Scherzer ....................................................................... 22
`3. Combination of Brown and Scherzer ........................................... 26
`The Brown- Scherzer-Baxter Combination ....................................... 40
`1. Overview of Baxter ...................................................................... 40
`2. Combination of Brown, Scherzer, and Baxter .............................. 42
`The Brown- Scherzer-Drader Combination ....................................... 45
`1. Overview of Drader ...................................................................... 45
`2. Combination of Brown, Scherzer, and Drader ............................. 47
`The Brown- Scherzer-Ramey Combination ....................................... 48
`1. Ramey ........................................................................................... 48
`2. Combination of Brown, Scherzer, and Ramey ............................. 50
`The Brown- Scherzer-Gupta Combination ........................................ 51
`1. Overview of Gupta ....................................................................... 51
`2. Combination of Browne, Scherzer, and Gupta ............................. 52
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`VII. ANALYSIS OF THE PRIOR ART ........................................................... 52
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`Claims 1, 6, 11-13, And 15-20 Would Have Been Obvious Over
`A.
`Brown And Scherzer .................................................................................... 52
`1. Claim 1 ......................................................................................... 52
`2. Claims 6, 11-13, and 15-20 .......................................................... 68
`Claims 2, 7-10, and 21 Would Have Been Obvious Over Brown,
`B.
`Scherzer, and Baxter ..................................................................................... 81
`1. Claims 2, 7-10, and 21 .................................................................. 81
`Claims 3-4 Would Have Been Obvious Over Brown, Scherzer, and
`C.
`Drader ........................................................................................................... 87
`1. Claims 3 and 4 .............................................................................. 87
`Claim 5 Would Have Been Obvious Over Brown, Scherzer, and
`D.
`Ramey ........................................................................................................... 87
`1. Claim 5 ......................................................................................... 87
`Claim 14 Would Have Been Obvious Over Brown, Scherzer, and
`E.
`Gupta 88
`1. Claim 14 ....................................................................................... 88
`VIII. LEGAL PRINCIPLES ............................................................................... 89
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`Perspective of One of Ordinary Skill in the Art ................................. 89
`A.
`B. Anticipation ........................................................................................ 90
`C. Obviousness ....................................................................................... 90
`D.
`Claim Construction Standard ............................................................. 94
`IX. ADDITIONAL REMARKS ....................................................................... 96
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`Declaration of Dr. Jeremy Cooperstock
`U.S. Patent No. 10,298,451
`I, Jeremy Cooperstock, of Montreal, Canada, declare that:
`
`INTRODUCTION
`I have been retained by Fish & Richardson, P.C., on behalf of Apple
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`1.
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`I.
`2.
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`Inc. (“Petitioner”), as an independent expert consultant in this inter partes review
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`(“IPR”) proceeding before the United States Patent and Trademark Office
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`(“PTO”).
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`3.
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`I have been asked by Petitioner’s counsel (“Counsel”) to consider
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`whether certain references teach or suggest the features recited in Claims 1-21 of
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`U.S. Patent No. 10,298,451 (“the ’451 patent”) (APPLE-1001). My opinions and
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`the bases for my opinions are set forth below. My opinions are based on my
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`education and experience.
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`4.
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`In writing this Declaration, I have considered the following: my own
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`knowledge and experience, including my teaching and work experience in the
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`above fields; and my experience of working with others involved in those fields.
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`5.
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`I have no financial interest in either party or in the outcome of this
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`proceeding. I am being compensated for my work as an expert on an hourly basis,
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`for all tasks involved. My compensation is not dependent on the outcome of these
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`proceedings or on the content of my opinions.
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`II. QUALIFICATIONS
`6.
`I am a professor in the Department of Electrical and Computer
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`Engineering at McGill University. My curriculum vitae is provided as Appendix
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`A.
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`7.
`
`I received my B.Sc. in Electrical Engineering from the University of
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`British Columbia, my M.Sc. in Computer Science from the University of Toronto
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`in 1992, and my Ph.D. in Electrical and Computer Engineering from the University
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`of Toronto in 1996.
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`8.
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`I am a member of the Centre for Intelligent Machines, and a founding
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`member of the Centre for Interdisciplinary Research in Music Media and
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`Technology at McGill University. I also direct the Shared Reality Lab at McGill,
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`which focuses on computer mediation to facilitate high-fidelity human
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`communication and the synthesis of perceptually engaging, multimodal, immersive
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`environments. I led the development of the Intelligent Classroom, the world's first
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`Internet streaming demonstrations of Dolby Digital 5.1, multiple simultaneous
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`streams of uncompressed high-definition video, a high-fidelity orchestra rehearsal
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`simulator, a simulation environment that renders graphic, audio, and vibrotactile
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`effects in response to footsteps, and a mobile game treatment for amblyopia.
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`9. My work on the Ultra-Videoconferencing system was recognized by
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`an award for Most Innovative Use of New Technology from ACM/IEEE
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`Supercomputing and a Distinction Award from the Audio Engineering Society.
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`The research I supervised on the Autour project earned the Hochhausen Research
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`Award from the Canadian National Institute for the Blind and an Impact Award
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`from the Canadian Internet Registry Association, and my Real-Time Emergency
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`Response project won the Gold Prize (brainstorm round) of the Mozilla Ignite
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`Challenge.
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`10.
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`I have worked with IBM at the Haifa Research Center, Israel, and the
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`Watson Research Center in Yorktown Heights, New York, the Sony Computer
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`Science Laboratory in Tokyo, Japan, and was a visiting professor at Bang &
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`Olufsen, Denmark, where I conducted research on telepresence technologies as
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`part of the World Opera Project. I led the theme of Enabling Technologies for a
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`Networks of Centres of Excellence on Graphics, Animation, and New Media
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`(GRAND) and I am an associate editor of the Journal of the AES.
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`11.
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`I have carried out significant research involving network
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`communication protocols, including wireless communication employing IEEE
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`802.11 (WiFi) and IEEE 802.15 (Bluetooth). My experience in these areas
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`includes development of the Adaptive File Distribution Protocol (AFDP, 1995),
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`analysis of the tradeoffs between bandwidth, power demands, and latency for audio
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`streaming over WiFi, Bluetooth, and ultra-wideband protocols (2007), and
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`assessment of the performance and scalability of wireless audio streaming for
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`applications requiring latency-optimized multimedia streaming (2008). I have led
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`all aspects of development and experimentation in the Autour project (2009-2016),
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`which employs a combination of wireless communication protocols, and manages
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`authentication for communication between clients and server, in addition to third-
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`party information services. I have supervised a variety of projects that require
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`sharing of WiFi network access credentials across multiple devices. I am currently
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`leading a research project (MIMIC), which communicates sensor data between two
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`coupled smartwatches using Bluetooth for local communication between the
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`smartwatches and their peered smartphones, and the public Internet between the
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`smartphones. I am also leading a project that uses both Bluetooth and WiFi
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`communication between smartphones, a GPU-based physics engine, and a
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`microelectronics architecture that renders vibrotactile effects on mobile footwear.
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`III. BACKGROUND
`12.
`I have reviewed the ’451 patent and relevant excerpts of the
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`prosecution history of the ’451 patent (“the Prosecution History” or APPLE-1002).
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`The ’451 patent claims priority through a string of applications that includes U.S.
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`Patent Application No. 13/832,719 filed on March 15, 2013. See APPLE-1001,
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`Face. Additionally, in prosecution of the application that issued as the ’451 patent,
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`Applicant submitting an inventor declaration stating that the invention date was
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`May 14, 2012. APPLE-1002, 50-57. While I am not opining on whether the ’451
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`patent is entitled to either of the March 15, 2013 and May 14, 2012 priority dates,
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`for purposes of this declaration and to review and apply prior art references only, I
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`am using May 14, 2012 as the purported priority date (“Critical Date”).
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`13.
`
`I have reviewed the following materials:
`
`• U.S. Patent No. 10,298,451 to Koss, et al. (APPLE-1001)
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`• Excerpts from the Prosecution History of the ’451 patent
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`(APPLE-1002)
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`• U.S. Pat. No. 9,021,108 (“Brown”) (APPLE-1004)
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`• U.S. Pat. App. Pub. No. 2007/0033197 (“Scherzer”) (APPLE-
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`1005)
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`• U.S. Provisional Pat. App. No. 60/687,463 (“’463 Provisional”)
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`(APPLE-1006”)
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`• U.S. Provisional Pat. App. No. 60/728,918 (“’918 Provisional”)
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`(APPLE-1007)
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`• U.S. Pat. App. Pub. No. 2007/0245028 (“Baxter”) (APPLE-
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`1008)
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`• U.S. Pat. App. Pub. No. 2011/0025879 (“Drader”) (APPLE-
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`1009)
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`• U.S. Pat. App. Pub. No. 2010/0307916 (“Ramey”) (APPLE-
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`1010)
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`• U.S. Pat. App. Pub. No. 2010/0165879 (“Gupta”) (APPLE-1011)
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`• U.S. Provisional Pat. No. 61/386,716 (“’716 Provisional”)
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`(APPLE-1012)
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`14. Counsel has informed me that I should consider these materials
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`through the lens of a person of ordinary skill in the art (“POSITA,” which is
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`discussed further in Section V.D below) related to the ’451 patent at the time of the
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`earliest purported priority date of the ’451 patent, and I have done so during my
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`review of these materials. Unless otherwise stated, my testimony below refers to
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`the knowledge of a POSITA as of the Critical Date.
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`IV.
`15.
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`SUMMARY OF MY OPINIONS
`This Declaration explains the conclusions that I have formed based on
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`my knowledge and experience and my review of the prior art references listed
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`above. To summarize, I have concluded that:
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`• Claims 1, 6, 11-13, and 15-20 are obvious over Brown and Scherzer;
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`• Claims 2, 7-10, and 21 are obvious over Brown, Scherzer, and Baxter;
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`• Claims 3 and 4 are obvious over Brown, Scherzer, and Drader;
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`• Claim 5 is obvious over Brown, Scherzer, and Ramey; and
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`• Claim 14 is obvious over Brown, Scherzer, and Gupta
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`V. OVERVIEW OF THE ’451 PATENT
`16.
`I have reviewed the ’451 patent, titled “Configuring Wireless Devices
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`for a Wireless Infrastructure Network.” APPLE-1001, 1:1. The ’451 patent
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`includes 21 claims, of which claims and 18 are independent. APPLE-1001, 8:30-
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`10:52.
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`A. Brief Description
` The ‘451 patent relates to systems and methods for providing a
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`17.
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`wireless device with credentials for an infrastructure wireless network, such as a
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`WiFi network that were input on a remote server and passed to the wireless device
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`through a mobile computer. APPLE-1001, 2:52-54. Figure 1 (reproduced below)
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`shows a system 10 that includes an earphone set 12 (which includes a pair of
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`earphones 14) as one example of such a wireless device. Id., 3:2-4.
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`APPLE-1001, FIG. 1
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`18. As shown in Figure 1 above, system 10 includes a content access
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`point (CAP) 16, along with a wireless access point 24 that provides an
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`infrastructure wireless network, e.g., WiFi network. Id., 2:52-54, 3:40-44. The
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`earphones 14 may communicate wirelessly with the CAP 16 via an ad hoc
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`communication link 18, and the CAP 16 may connects, e.g., via a USB connector,
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`to a personal digital audio player (DAP) 20 or a computer 22. Id., 3:17-21, 3:29-
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`30. Alternatively, “the CAP 16 may be an integral part of the DAP 20 or the
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`computer 22.” Id., 3:35-36. Both the computer 22 and the wireless access point 24
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`may be connected to a communications network 28, e.g., the Internet, along with a
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`remote server system 30. APPLE-1001, 3:45-50.
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`19. The earphones 14 can, “when properly configured, also receive
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`wireless content via infrastructure networks,” such as the infrastructure wireless
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`network provided by the wireless access point 24. Id., 4:45-47. Figure 3
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`(reproduced below) shows a flow chart of a process that, among other things,
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`“allows the earphones 14 to be configured for infrastructure network (and Internet)
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`access.” Id., 5:22-23.
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`APPLE-1001, FIG. 3
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`20. At step 60 in the flow chart shown above, “the user (e.g., a user of the
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`earphones 14), using the Internet-enabled computer 22 with a browser, logs into a
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`website associated with the earphones 14, hosted by the remote server(s) 30, and
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`sets up an account (if the user does not already have one).” Id., 4:50-55. The ‘451
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`patent explains that, “[a]t the website, the user can, for example, add Wi-Fi
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`hotspots,” and further explains that “a JAVA applet from the website may be used
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`by the computer 22 to search for nearby Wi-Fi hotspots, which, upon detection,
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`may be displayed for the user on the website.” Id., 4:55-64. To add a Wi-Fi
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`hotspot, at step 62, the user may click on the desired Wi-Fi hotspot displayed on
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`the website and “enter a password and/or encryption type (e.g., WPA or WPA2)
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`for the selected Wi-Fi hotspot.” Id., 4:64-5:1. The ‘451 patent explains that “[t]he
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`SSID, password, and encryption type for the Wi-Fi hotspot is stored for the user's
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`account by the remote server(s) 30.” Id., 5:1-3. At step 64, “the IDs for the CAP
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`16, as well as the IDs for the earphones 14, stored in the non-volatile memory 44
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`of the CAP 16, are uploaded to the remote server(s) 30 and stored at the remote
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`server(s) 30 as part of the user's account information.” Id., 5:9-13.
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`21. At step 66, “the user may update the earphones 14 with the WiFi
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`hotspot credentials (e.g., SSID, password if one is used for the hotspot, and/or
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`encryption type),” and may do so “by clicking on or otherwise selecting a link on
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`the website to update the ear-phones 14.” Id., 5:14-18. This process uses the CAP,
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`which has been “plugg[ed] into the computer.” Id., 5:8. The computer obtains the
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`credentials from the remote server. Then, “[u]pon clicking the link, the CAP 16
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`transmits the credentials (e.g., SSID, password, encryption type) for each of the
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`added Wi-Fi hotspots to the earphones 14, via the ad hoc wireless communication
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`link 18,” which “allows the earphones 14 to be configured for infrastructure
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`network (and Internet) access.” Id., 5:16-23.
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`Summary Of The Prosecution History
`B.
`The ‘451 patent was filed on August 7, 2018, claiming priority
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`22.
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`through a chain of applications to a non-provisional application filed on March 15,
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`2013. APPLE-1002, 274. The ‘451 patent was filed with a preliminary
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`amendment to the specification, which added a sentence stating that “the CAP 16
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`may be an integral part of the DAP 20 or the computer 22.” Id., 70-93; APPLE-
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`1001, 3:35-36.
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`23. A Non-final Rejection was mailed to the applicant on November 1,
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`2018, which included rejections under pre-AIA 35 U.S.C. 102(e) and 35 U.S.C.
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`103(a) citing U.S. Pat. App. Pub. No. 2014/0279122 (“Luna”). APPLE-1002, 70-
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`93. On January 17, 2018, the applicant filed a response to the Non-final Rejection
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`mailed November 1, 2018, which included copies of a declaration and exhibits that
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`were previously submitted by the applicant during the prosecution of the parent
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`application of the ‘451 patent to swear behind art cited by the examiner, as well as
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`arguments as to why the previously-submitted declaration and exhibits also
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`purportedly demonstrate an invention date for the claims of the ‘451 patent that
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`pre-dates the filing date of Luna. Id., 50-57. A notice of allowance was mailed to
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`the application on March 11, 2019, followed by an issue notification on May 1,
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`2019. Id., 7-14.
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`24. Each reference applied in this petition not only pre-dates the filing
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`date of the ‘451 patent, but also pre-dates the invention date purportedly
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`demonstrated by the declaration and exhibits submitted by the applicant during the
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`prosecution of the parent application of the ‘451 patent. However, none of these
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`prior art references were considered by the examiner during the prosecution of the
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`‘451 patent. Had the examiner been aware of these prior art references, the claims
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`of the ‘451 patent would not have been allowed.
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`C.
`Interpretations of Claim Terms
`I understand that, for purposes of my analysis in this inter partes
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`25.
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`review proceeding, the terms appearing in a patent claim should be interpreted
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`according to their “ordinary and customary meaning of such claim as understood
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`by one of ordinary skill in the art and the prosecution history pertaining to the
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`patent.” 37 C.F.R. § 42.100(b). In that regard, I understand that the best indicator
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`of claim meaning is its usage in the context of the patent specification as
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`understood by a POSITA. I further understand that the words of the claims should
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`be given their plain meaning unless that meaning is inconsistent with the patent
`
`specification or the patent’s history of examination before the Patent Office. I also
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`understand that the words of the claims should be interpreted as they would have
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`been interpreted by a POSITA at the time of the invention was made (not today).
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`Because I do not know at what date the invention as claimed was made, if ever, I
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`have used the Critical Date of the ’451 patent as the point in time for claim
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`interpretation purposes. My opinion does not change if the invention date is
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`earlier.
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`D.
`Person of Ordinary Skill in the Art
`26. Based upon my experience in this area and taking into account the
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`above references, a person of ordinary skill in the art at the time of the ’451
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`patent’s Critical Date (“POSITA”) would have had at least a Bachelor's Degree in
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`an academic area emphasizing electrical engineering, computer science, or a
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`similar discipline, and at least two years of experience in wireless communications
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`across short distance or local area networks. Superior education could compensate
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`for a deficiency in work experience, and vice-versa.
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`27.
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`I base this characterization of a POSITA based on my professional,
`
`academic, and personal experiences, including my knowledge of colleagues and
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`others at the time of the invention of the ’415 patent on or shortly before the
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`Critical Date. Specifically, my experience working with industry, undergraduate
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`and post-graduate students, colleagues from academia, and designers and engineers
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`practicing in industry has allowed me to become directly and personally familiar
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`with the level of skill of individuals and the general state of the art. I am familiar
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`with the knowledge of persons of ordinary skill in the art as of the Critical Date.
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`VI. OVERVIEW OF PRIOR ART
`A. The Brown-Scherzer Combination
`1. Overview of Brown
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`28.
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`Like the ‘451 Patent, Brown describes a way of “enabling automatic
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`access of a first mobile electronic device to at least one network accessible by a
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`second mobile electronic device” by sending the first device credentials needed to
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`access that network. APPLE-1004, 1:16-20; APPLE-1012, [0002]. For example,
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`Figure 3 shows a diagram of Brown’s system:
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`APPLE-1004, FIG. 3; See APPLE-1012, FIG. 3
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`29. As shown above, Brown’s system includes a first mobile electronic
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`device (101), a second mobile electronic device (105), and a wireless (e.g., WiFi)
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`access point (180) in communication with a network (103). Brown discloses that
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`its first and second mobile electronic devices 101, 105 may be mobile or portable
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`computing devices, tablets, laptops, PDAs (personal digital assistants), cellphones,
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`or smartphones. APPLE-1004, 5:56-6:4; APPLE-1012, [0030].
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`30.
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`In Brown’s system, the first mobile electronic device (101) may be a
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`new mobile electronic device that is unable to access network 103, for instance
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`because it has not yet been configured to communicate with access point 180.
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`APPLE-1004, 4:64-67; APPLE-1012, [0031]. Brown recognizes that configuring
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`a new mobile electronic device, such as the first mobile electronic device 101, for
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`network access can potentially be time consuming, as “data for accessing
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`networks, for example via WiFi access points, needs to be manually entered into
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`the new device.” APPLE-1004, 1:25-28; APPLE-1012, [0002].
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`31. Brown also contemplates a scenario where a user of the first and
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`second mobile electronic devices (101, 105) carries around the second mobile
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`electronic device (105) and accesses the Internet by manually enabling the second
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`mobile electronic device (105) to access “available WiFi connections, for example,
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`at a business location, an employer location, a client location, a coffee shop or the
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`like.” APPLE-1004, 5:42-56; APPLE-1012, [0036]. In order to access these same
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`available WiFi connections using the first mobile electronic device (101), Brown
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`explains that the user in this scenario may be forced to manually enter data for
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`accessing networks into yet another device, and recognizes that this practice is both
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`“inconvenient” and “inefficient.” Id.
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`32.
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`To reduce this burden, the first and second mobile electronic devices
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`(101, 105) in Brown’s system may establish a communication session via a local
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`link (190), such as a Bluetooth connection, over which the second mobile
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`electronic device (105) transmits configuration data (182) that are used to gain
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`access to a wireless network provided by a WiFi access point (180). For example,
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`Figure 2 depicts such a method performed by the first and second mobile electronic
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`devices 101, 105 in Brown:
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`APPLE-1004, FIG. 2; See APPLE-1012, FIG. 2
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`33. After the configuration data 182 is received from the second mobile
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`electronic device 105, the first mobile electronic device 101 can subsequently use
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`these data to access network 103 via access point 180. APPLE-1004, 8:8-15;
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`APPLE-1012, [0053].
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`
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`APPLE-1004, FIG. 4; See APPLE-1012, FIG. 4
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`34.
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`Indeed, Brown’s system frees the user from the burden of having to
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`manually enter information for accessing networks into the first mobile electronic
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`device 101. Moreover, in doing so, Brown’s system further frees the user from
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`having to remember, look up, or otherwise make themselves aware of such
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`information in order to configure the first mobile electronic device 101 for network
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`access.
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`35.
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`I understand that Brown was filed February 25, 2011 and includes a
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`priority claim to U.S. Provisional Pat. No. 61/386,716 (“’716 Provisional”)
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`(APPLE-1012). APPLE-1004, 1:10-12. The ’716 Provisional was filed on
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`September 27, 2010. APPLE-1012, 39. Counsel has informed me that a patent is
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`entitled to claim priority to a previously filed provisional application if the
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`previously filed provisional application described the invention claimed in the
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`patent with sufficient detail that a POSITA can reasonably conclude that the
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`inventor had possession of the claimed invention at the time of filing. Based on
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`this understanding, the ’716 Provisional satisfies this requirement since its
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`disclosure provides sufficient detail that would have led a POSITA to conclude
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`that the inventor of the ’716 Provisional had possession of the invention claimed in
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`Brown (APPLE-1004) at the time of filing of the ’716 Provisional, i.e., September
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`27, 2010. For example, below is a table identifying descriptions in the ’716
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`Provisional that provide support for claim 1 of Brown. APPLE-1004, 9:64-10:26.
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`In my opinion, therefore, Brown is entitled to the benefit of its provisional filing
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`date, i.e., the September 27, 2010 filing date of the ’716 Provisional.
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`Claim 1 of Brown (APPLE-1004, 9:64-10:26)
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`Supporting
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`Description in the ’716
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`Provisional
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` A method for automatically enabling
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`APPLE-1012, [0009],
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`access of a first mobile electronic device to at least
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`[0048], [0058].
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`one network accessible by a second mobile
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`electronic device, said second mobile electronic
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`device storing configuration data for accessing
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`said at least one network, said method comprising:
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` automatically establishing a
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`Id., [0009], [0048],
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`communication session between said first mobile
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`[0055]-[0058]; FIG. 2.
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`electronic device and said second mobile
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`electronic device via a local link, wherein said
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`automatically establishing said communication
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`session occurs without one or more of a manual
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`communication and a manual input of respective
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`identifiers of said first mobile electronic device
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`and said second mobile electronic device;
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` automatically receiving said configuration
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`Id., [0009]-[0010],
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`20
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`Claim 1 of Brown (APPLE-1004, 9:64-10:26)
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`Supporting
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`Description in the ’716
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`Provisional
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`data at said first mobile electronic device from
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`[0049]-[0050], [0057]-
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`said second mobile electronic device via said local
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`[0058]; FIG. 2.
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`link in response to establishing said
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`communication session, said configuration data
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`comprising a plurality of profiles for accessing a
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`plurality of respective access points; and
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`automatically installing said configuration
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`Id., [0009], [0057]-
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`data at said first mobile electronic device such that
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`[0058]; FIG. 2.
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`said at least one network is accessible by said first
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`mobile electronic device using said configuration
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`data, wherein at least said automatically receiving
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`and said automatically installing occur rather than
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`a manual installation of said configuration data at
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`said first mobile electronic device, and said
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`automatically installing occurs for all of said
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`plurality of said profiles at once rather than a
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`Claim 1 of Brown (APPLE-1004, 9:64-10:26)
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`Supporting
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`Description in the ’716
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`Provisional
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`plurality of installations for each of said plurality
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`of profiles.
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`2. Overview of Scherzer
`36. Scherzer describes various systems in which a community of
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`registered users can share, through a server, credentials used to access each other’s
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`access points. As a result, in Scherzer’s system, each user is “able to access the
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`Internet, its services and information, from a large number of locations.” APPLE-
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`1005, [0015], [0020]. This system is illustrated in Scherzer’s Figure 1, below,
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`which shows a plurality of devices, i.e., devices 104, 106, 108, 110, and 112,
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`which can share credential data for the networks provided by wireless access
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`points 100 and 102, through server 116.
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`APPLE-1005, FIG. 1.
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`37.
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`In the system of Scherzer, a user may allow other users to access “the
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`user’s access point in exchange for being allowed to access other user’s access
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`points.” Id., [0020]. Each user of Scherzer’s system “registers with the provider
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`of network access by communicating with provider application server 116.” Id.
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`The application server 116, as shown above, “receives and stores registration
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`information” from each user. This information is used by the provider “to set up a
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`user contribution account and to enable other registered users of the network to
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`access the user’s access point.” Id. [0021]. The registration information stored in
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`the provider application server can include information that enables a second user
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`to use the user’s access point, such as an SSID, wired equivalent privacy (WEP)
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`key or password, and Wi-Fi protected access (WPA) key or password. Id. [0021].
`
`38. Users of Scherzer’s system install a software client on a device, such
`
`as a laptop or PDA, to enable the device “to contact the provider application server
`
`and to acquire access information for network access points that are made available
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`by a given user to other network users,” e.g., via a cell phone network. Id. [0020]-
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`[0021], [0023]. The access information “enables the user to use another user’s
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`access point in order to gain access to the Internet,” and “can include SSID’s [sic],
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`WEP or WPA passwords or keys or any other appropriate information for
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`accessing access points.” APPLE-1005, [0021], [0024]. In this way, the software
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`client enables the user to “contact the provider's application server in order to
`
`obtain access information for a location where the user is not able to use the user’s
`
`own access point” and gain access to the Internet at said location. Id.
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`39. For example, Figure 4 shows a process in some implementations of
`
`the Scherzer system for providing network access that can run as part of a software
`
`client on a user’s device:
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`APPLE-1005, FIG. 4
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`40. As Figure 4 illustrates, when Scherzer’s system is used in a particular
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`location, “in [step] 400, visible access points are determined,” and, “[i]n [step] 402,
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`access information with respect to the visible access points is determined.” Id.,
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`[0023]. Scherzer further explains step 402’s process of determining access
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`information can involve the information being “downloaded or accessed via a
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`cellular connection . . . or any other appropriate manner.” As Scherzer explains,
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`Figure 5 provides an implementation example of step 402. Id., [0023]-[0024].
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`Similarly, Figure 6 discloses a corresponding process that the application server
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`116 can perform to provide access information to a device that implements step
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`402 using the Figure 5 process. Id., [0025].
`
`41. Referring once again to Figure 4, once the device has acquired the
`
`necessary access inform