DOCKET NO.: 337722-000230
`Filed on behalf of Apple Inc.
`By: Larissa S. Bifano, Reg. No. 59,051
`Jonathan Hicks, Reg. No. 75,195
`Joseph Wolfe, Reg. No. 73,173
`
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, Massachusetts 02110-1447
`Email: Larissa.Bifano@dlapiper.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`
`Petitioner
`
`v.
`
`BILLJCO LLC,
`
`Patent Owner
`
`IPR2022-00131
`
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 8,639,267
`CHALLENGING CLAIMS 1, 5, 13, 20, 21, 29, 30, 34, 42, AND 49
`UNDER 35 U.S.C. § 312 AND 37 C.F.R. § 42.104
`
`

`

`IPR2022-00131
`U.S. Pat. No. 8,639,267
`
`TABLE OF CONTENTS
`INTRODUCTION ..........................................................................................1
`
`I.
`
`II. MANDATORY NOTICES ............................................................................1
`
`A.
`
`B.
`
`C.
`
`D.
`
`Real Party-in-Interest ...........................................................................1
`
`Related Matters.....................................................................................1
`
`Counsel .................................................................................................1
`
`Service Information, Email, Hand Delivery, and Postal......................2
`
`III. CERTIFICATION OF GROUNDS FOR STANDING .................................2
`
`IV. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED ...................2
`
`A.
`
`B.
`
`Prior Art Patents and Printed Publications...........................................2
`
`Grounds for Challenge .........................................................................4
`
`V.
`
`OVERVIEW OF THE ’267 PATENT ...........................................................4
`
`A.
`
`B.
`
`C.
`
`Summary of the Alleged Invention ......................................................4
`
`Level of Ordinary Skill in the Art ........................................................5
`
`Prosecution History ..............................................................................5
`
`VI. CLAIM CONSTRUCTION ...........................................................................7
`
`VII. SPECIFIC GROUNDS FOR PETITION .......................................................7
`
`A.
`
`Ground 1: Claims 1, 5, 13, 20, 21, 29, 30, 34, 42, and 49 are
`obvious over Haberman .......................................................................7
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Overview of Haberman..............................................................7
`
`Claims 1 and 29 are obvious over Haberman ............................9
`
`Claims 5 and 34 are obvious over Haberman ..........................27
`
`Claims 13 and 42 are obvious over Haberman ........................29
`
`Claims 20 and 49 are obvious over Haberman ........................30
`
`Claims 21 and 30 are obvious over Haberman ........................32
`
`B.
`
`Ground 2: Claims 1, 5, 13, 20, 21, 29, 30, 34, 42, and 49 are
`obvious over Haberman and Boger....................................................33
`
`i
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`

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`IPR2022-00131
`U.S. Pat. No. 8,639,267
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Overview of Boger...................................................................33
`
`Claims 1 and 29 are obvious over Haberman and Boger ........33
`
`Claims 5 and 34 are obvious over Haberman and Boger ........39
`
`Claims 13 and 42 are obvious over Haberman and Boger ......39
`
`Claims 20 and 49 are obvious over Haberman and Boger ......41
`
`Claims 21 and 30 are obvious over Haberman and Boger ......42
`
`C.
`
`Ground 3: Claims 1, 5, 13, 20, 21, 29, 30, 34, 42, and 49 are
`obvious over Vanluijt .........................................................................42
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Overview of Vanluijt ...............................................................43
`
`Claims 1 and 29 are obvious over Vanluijt..............................44
`
`Claims 5 and 34 are obvious over Vanluijt..............................57
`
`Claims 13 and 42 are obvious over Vanluijt ...........................58
`
`Claims 20 and 49 are obvious over Vanluijt ...........................60
`
`Claims 21 and 30 are obvious over Vanluijt ...........................63
`
`VIII. DISCRETIONARY DENIAL IS NOT APPROPRIATE ............................64
`
`A.
`
`B.
`
`General Plastic Denial is Inappropriate.............................................64
`
`Fintiv Discretionary Denial is Inappropriate......................................65
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Fintiv Factor 1: Institution Will Enable a Stay........................65
`
`Fintiv Factor 2: District Court Schedule..................................66
`
`Fintiv Factor 3: Parallel Proceeding Considerations ...............68
`
`Fintiv Factor 4: The Petition Raises Unique Issues.................69
`
`Fintiv Factor 5: The Petition Will Enable Cancellation of
`Claims that Might Be Reasserted.............................................69
`
`Fintiv Factor 6: Other Considerations Support Institution .....70
`
`IX. CONCLUSION.............................................................................................70
`
`ii
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`

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`IPR2022-00131
`U.S. Pat. No. 8,639,267
`
`I.
`
`INTRODUCTION
`
`Apple Inc. (“Apple” or “Petitioner”) petitions for inter partes review of U.S.
`
`Patent No. 8,639,267 (“’267 patent”) (EX1001). The ’267 patent describes one or
`
`more mobile systems (“MS”) that are configured to receive whereabouts data,
`
`where, based on preferences set by the user, the whereabouts data may cause the MS
`
`to present information to a user. As shown below, the techniques described in the
`
`’267 patent were known in the prior art.
`
`II. MANDATORY NOTICES
`
`A.
`
`Real Party-in-Interest
`
`Pursuant to 37 C.F.R. § 42.8(b)(1), Petitioner certifies that Apple is the real
`
`party-in-interest, and further certifies that no other party exercised control or could
`
`exercise control over the filing of this petition or Apple’s participation in any
`
`proceeding instituted on this petition.
`
`B.
`
`Related Matters
`
`According to assignment records at the United States Patent and Trademark
`
`Office, the ’267 patent is currently owned by BillJCo LLC (“BillJCo”). The ’267
`
`patent is asserted in the matter BillJCo v. Apple Inc., 6:21-cv-00528 (WDTX).
`
`C.
`
`Counsel
`
`Lead Counsel: Larissa S. Bifano (Reg. No. 59,051)
`
`1
`
`

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`IPR2022-00131
`U.S. Pat. No. 8,639,267
`
`Backup Counsel: Joseph Wolfe (Reg. No. 73,173)
`
`Backup Counsel: Jonathan Hicks (Reg. No. 75,195)
`
`D.
`
`Service Information, Email, Hand Delivery, and Postal
`
`Apple
`
`consents
`
`to
`
`electronic
`
`service
`
`at
`
`DLA-Apple-
`
`BillJCoIPRs@dlapiper.com.
`
`Petitioner can be reached at DLA Piper LLP (US), 33 Arch Street, 26th Floor,
`
`Boston, Massachusetts 02110, Phone: 617-406-6000, Fax: 617-406-6100.
`
`III. CERTIFICATION OF GROUNDS FOR STANDING
`
`Petitioner certifies pursuant to Rule 42.104(a) that the patent for which review
`
`is sought is available for inter partes review, and that Petitioner is not barred or
`
`estopped from requesting an inter partes review challenging the patent claims on the
`
`grounds identified in this Petition.
`
`IV. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED
`
`Pursuant to Rules 42.22(a)(1) and 42.104(1)-(2), Petitioner challenges claims
`
`1, 5, 13, 20, 21, 29, 30, 34, 42, and 49 of the ’267 patent.
`
`A.
`
`Prior Art Patents and Printed Publications
`
`The ’267 patent issued from U.S. Patent Application No. 12/287,064 (“’064
`
`application”), filed on October 3, 2008. The ’064 application is a continuation-in-
`
`part of Application No. 12/077,041 (“’041 application”), filed on March 14, 2008.
`
`2
`
`

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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`Petitioner applies prior art with a priority date earlier than the ’041
`
`application’s filing date, March 14, 2008 (“Critical Date”). Petitioner takes no
`
`position on whether the ’267 patent is entitled to a priority date earlier than October
`
`3, 2008.
`
`The following references are pertinent to the grounds of unpatentability:1
`
`1.
`
`U.S. Patent Application Publication 2005/0096044 (“Haberman”), filed
`
`as Application No. 10/980,136 on November 1, 2004, and published on
`
`March 5, 2005, is prior art under at least 35 U.S.C. § 102(a), (b), and
`
`(e).
`
`2.
`
`U.S. Patent Application Publication 2002/0159401 (“Boger”), filed as
`
`Application No. 09/840,891 on April 25, 2001 and published on
`
`October 31, 2002, is prior art under 35 U.S.C. § 102(a), (b), and (e).
`
`3.
`
`U.S. Patent Application Publication 2002/0132614 (“Vanluijt”), filed
`
`as Application No. 10/099,369 on March 14, 2002, and published on
`
`September 19, 2002, is prior art under 35 U.S.C. § 102(a), (b), and (e).
`
`1 Because the ’267 patent issued from an application filed prior to enactment of the
`
`America Invents Act (“AIA”), the pre-AIA statutory framework applies.
`
`3
`
`

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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`B.
`
`Grounds for Challenge
`
`This Petition, supported by the declaration of Dr. Tom La Porta (“Porta
`
`Decl.”) (EX1002), requests cancellation of claims 1, 5, 13, 20, 21, 29, 30, 34, 42,
`
`and 49 as unpatentable under 35 U.S.C. § 103. See 35 U.S.C. § 314(a). The grounds
`
`for challenge include the following:
`
`Grounds References
`
`Challenged Claims
`
`1. §103
`
`Haberman
`
`2. §103
`
`Haberman in view of Boger
`
`3. §103
`
`Vanluijt
`
`1, 5, 13, 20, 21, 29, 30, 34,
`42, 49
`
`1, 5, 13, 20, 21, 29, 30, 34,
`42, 49
`
`1, 5, 13, 20, 21, 29, 30, 34,
`42, 49
`
`V.
`
`OVERVIEW OF THE ’267 PATENT
`
`A.
`
`Summary of the Alleged Invention
`
`The ’267 patent relates to “location-based services for mobile data processing
`
`systems, and more particularly to location-based exchanges of data between
`
`distributed mobile data processing systems for locational applications.” EX1001,
`
`1:19-23. Claim 1 of the ’267 patent is exemplary and describes “presenting” a “user
`
`interface” “for configuring privilege data,” “receiving” “whereabouts data,”
`
`“searching” the “privilege data” for a “matching privilege” to “permit trigger of a
`
`4
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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`privileged action” and then “performing” the “privileged action” upon “finding the
`
`matching privilege.” Id.; EX1002, ¶¶ 33-34.
`
`B.
`
`Level of Ordinary Skill in the Art
`
`A person having ordinary skill in the art (“POSITA”) for the ’267 patent
`
`would have had at
`
`least a bachelor’s degree in computer science, computer
`
`engineering, or an equivalent, and two years of experience relating to wireless
`
`communications. Additional education in wireless systems can remedy a deficiency
`
`in experience, and vice versa. EX1002, ¶¶ 42-43
`
`C.
`
`Prosecution History
`
`The ’064 application was filed on October 3, 2008 and included claims 1-20,
`
`of which claim 1 and 20 were independent. In an Office Action dated August 25,
`
`2011, the pending claims were rejected under 35 U.S.C. §§ 102 and 103.
`
`In
`
`response, Applicant substantially amended claims 1-11 and 13-20 and added new
`
`claim 21. In distinguishing prior art, Applicant amended the claims to recite
`
`“presenting a user interface to a user of said mobile data processing system, said
`
`user interface for configuring locally stored privilege data relating said mobile data
`
`processing system with other mobile data processing systems, said privilege data for
`
`describing how to distinctly process forthcoming whereabouts data received at said
`
`mobile data processing system” and argued that there is no “searching of user -
`
`5
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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`configured privilege data, no user configured action, and nothing similarly
`
`suggestive” in the art. ’267 Patent File History (EX1003), 87-96 (emphasis added)2.
`
`In response to a second office action, Applicant amended the claims, to recite
`
`“said privilege data stored local to said mobile data processing system” and argued
`
`that the claimed whereabouts data “is received at the mobile data processing system
`
`(from the sending mobile data processing system) before the privilege is accessed
`
`and used for processing at the receiving mobile data processing system.” EX1003,
`
`56-65. Applicant further emphasized that the Applicant’s system discloses “a pure
`
`peer to peer communication between two mobile systems).” EX1003, 64.
`
`In response to a third office action, Applicant further amended the claims, in
`
`part, to recite “after the searching, by the mobile data processing system, the
`
`privilege data stored local to the mobile data processing system,” and argued that
`
`the cited art does not
`
`teach the searching functionality after receipt of the
`
`whereabouts data. (EX1003), 25-39.
`
`2 Unless otherwise noted, all emphases are added.
`
`6
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`

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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`VI. CLAIM CONSTRUCTION
`
`Claims subject to inter partes review are to be “construed using the same
`
`claim construction standard that would be used to construe the claim in a civil action
`
`under 35 U.S.C. 282(b), including construing the claim in accordance with the
`
`ordinary and customary meaning of such claim as understood by one of ordinary
`
`skill in the art and the prosecution history pertaining to the patent.” 37 C.F.R. §
`
`42.100(b). Petitioner submits that the challenged claims should be interpreted
`
`according to their plain and ordinary meaning. EX1002, ¶¶ 46-47.
`
`VII. SPECIFIC GROUNDS FOR PETITION
`
`Pursuant to Rule 42.104(b)(4)-(5), the following sections, as supported by the
`
`Porta Declaration (EX1002), detail the grounds of unpatentability, the limitations of
`
`the challenged claims of the ’267 patent, and how these claims are obvious in view
`
`of the prior art.
`
`A.
`
`Ground 1: Claims 1, 5, 13, 20, 21, 29, 30, 34, 42, and 49 are obvious
`over Haberman
`
`Haberman was not considered during prosecution of the ’267 patent and is
`
`highly relevant to claims 1, 5, 13, 20, 21, 29, 30, 34, 42, and 49 of the ’267 patent.
`
`1.
`
`Overview of Haberman
`
`Haberman, entitled “Transmitter at Specific Address Transmitting Address-
`
`Specific Informational Content,” was filed November 1, 2004, published on May
`
`7
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`

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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`5, 2005. Haberman expressly discloses location-based triggering of presentation
`
`information and renders obvious all of the challenged claims. Haberman
`
`(EX1004), [0008], [0033], [0129], [0165]; EX1002, ¶51.
`
`Haberman is directed towards a system 100 for presenting informational
`
`content to a person using a mobile device 108. EX1004, Abstract, [0008]-[0085].
`
`System 100 includes a wireless transmitter 102 and the mobile device 108 and is
`
`reproduced below. Id.; EX1002, ¶52.
`
`8
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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`In operation, wireless transmitter 102 broadcasts a transmission containing
`
`information content 106 for presentation to a user. EX1004, [0118]. The
`
`information content 106 provided to the user pertains to a particular location within
`
`the range of the transmitter 102 and the user. Id. EX1002, ¶ 53.
`
`Mobile device 108 includes a data processing unit 136 and a user interface
`
`for receiving input from a person using the mobile device 108. EX1004, [0121]. A
`
`user of mobile device 108 may utilize a user interface to create a preference
`
`profile, which is stored within the mobile device and specifies certain businesses or
`
`locations of interest that are preferred by the person. EX1004, [0131], [176]. In
`
`operation, a plurality of transmissions is received by mobile device 108. EX1004,
`
`[0182]. Mobile device 108 then determines whether the informational content of
`
`the broadcast is presentable according to the preferences profile. EX1004, [0186].
`
`If the informational content is presentable, the informational content is presented
`
`using the mobile device. Id. EX1002, ¶54.
`
`2.
`
`Claims 1 and 29 are obvious over Haberman
`
`Independent claim 1 is a method claim and independent claim 29 is a system
`
`claim. Independent claim 1 recites a method for automatic location-based
`
`exchange processing by a mobile data processing system. Claim 1 recites
`
`presenting a user interface for a user to configure privilege data, receiving
`
`9
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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`whereabouts data that includes an originating identity of the whereabouts data,
`
`searching the privilege data for a matching privilege based on the originating
`
`identity, and performing a privilege action upon finding a matching privilege in the
`
`privilege data. EX1002, ¶55.
`
`Independent claim 29 is similar in scope to claim 1, but recites one or more
`
`processors and a memory. The memory stores instructions, which when executed
`
`by the one or more processors, causes the one or more processors to perform steps
`
`similar in scope to the method of claim 1. EX1002, ¶¶ 56-57.
`
`a.
`
`Preamble Limitations
`
`[1.pre] “A method for automatic location based exchange processing by
`a mobile data processing system, the method comprising:”
`
`[29.pre] “A mobile data processing system comprising:”
`
`To the extent the preambles are limiting, Haberman discloses them. EX1002,
`
`¶58.
`
`Haberman discloses a system for presenting informational content to a
`
`person using a mobile device. EX1004, [0008]. The system in Haberman includes
`
`a wireless transmitter that transmits a transmission containing a broadcast and a
`
`mobile device configured to receive the transmission from the wireless transmitter
`
`when the mobile device is within range of the transmitter. Id. Moreover, the
`
`broadcast contained within the transmission includes informational content for
`
`10
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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`presentation to a person, and the mobile device is configured to store therein the
`
`informational content for presentation to a person using the mobile device. Id.
`
`EX1002, ¶59.
`
`Additionally, Haberman provides that a broadcast includes “broadcast-
`
`identifying information that identifies or describes the broadcast.” EX1004,
`
`[0129]. The “broadcast-identifying information may be utilized in searching for
`
`and retrieving the informational content stored in the mobile device.” Id. EX1002,
`
`¶60.
`
`Haberman provides that this is a location-based exchange processing. For
`
`example, “the broadcast includes both informational content pertaining to a
`
`particular location for presentation to a person and broadcast-identifying
`
`information comprising a broadcast identification.” EX1004, [0016]. “The
`
`informational content also may pertain to a particular location. In this regard, the
`
`transmission range of the transmitter may cover the particular location to which the
`
`informational content pertains. The particular location to which the informational
`
`content pertains may include, for example: a store; a shopping center; a restaurant;
`
`a hotel; a public facility; a historical landmark; or a tomb, crypt, or grave.”
`
`EX1004 [0066]. “[I]f the informational content of the broadcast pertains to a
`
`particular location, then the broadcast-identifying information further may include:
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`11
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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`an identification of the particular location; an address of the particular location; or
`
`GPS data of the particular location.” EX1004, [129];[120];[118]. EX1002, ¶61.
`
`b.
`
`Limitations reciting processors
`
`[29.a] “one or more processors;”
`
`Haberman discloses this limitation. EX1002, ¶63.
`
`Haberman describes a mobile device 108 that includes a processor. For
`
`example, “the mobile device 108 preferably includes a data processing unit 136
`
`and a user interface for receiving input from a person using the mobile device 108
`
`such as, for example, a keypad 138 or a microphone or sound sensitive element
`
`140.” EX1004, [0121]; EX1002, ¶64.
`
`The architecture of mobile device 108 is illustrated in Figure 1, reproduced
`
`below. EX1002, ¶65.
`
`12
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`IPR2022-00131
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`To the extent that a data processing unit is not equivalent to the claimed
`
`processor, one of ordinary skill in the art would understand that a mobile device
`
`108 inherently includes one or more processors. For example, “[t]he mobile
`
`device may comprise, for example: a computer; a mobile phone; a personal digital
`
`assistant (PDA); or a motor vehicle.” EX1004 [0076]; EX1002, ¶66.
`
`c.
`
`Limitations reciting a memory
`
`[29.b] “memory coupled to the one or more processors and storing
`instructions, which when executed by the one or more processors,
`causes the one or more processors to perform operations comprising;”
`
`Haberman discloses this limitation. EX1002, ¶67.
`
`13
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`IPR2022-00131
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`Haberman describes a mobile device 108 that includes a memory. For
`
`example, “the mobile device may include . . . computer-readable memory for
`
`storing of the informational content in association with the respective identifying
`
`information. The computer-readable memory may include a removable storage
`
`medium such as, for example, a memory card or optical disc, including a
`
`rewritable DVD disc. The computer-readable memory further may form part of a
`
`portable audio device, such as an MP3 player.” EX1004, [0076]. “The mobile
`
`device 108 further is configured to store the informational content 106 by way of,
`
`for example, a computer-readable storage medium 114 of the mobile device 108.
`
`The computer-readable medium 114 preferably comprises non-volatile memory,
`
`whereby the informational content may be stored for an extended period of time
`
`even if the mobile device is powered off.” EX1004, [0120]; EX1002, ¶68.
`
`d.
`
`Limitations reciting configuring privilege data
`
`[1.a], [29.c] “presenting a user interface to a user of the mobile data
`processing system, the user interface for configuring privilege data
`relating the mobile data processing system with a remote data
`processing system, the privilege data stored local to the mobile data
`processing system and searched upon receipt of whereabouts data
`received for processing by the mobile data processing system;”
`
`Haberman discloses these limitations. EX1002, ¶69.
`
`Haberman describes that a user can store a “preferences profile” (i.e.,
`
`privilege data) that “represents the types of informational content with which the
`
`14
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`IPR2022-00131
`U.S. Pat. No. 8,639,267
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`person using the mobile device desires to be presented.” EX1004 [0025]. “[T]he
`
`stored preferences profile indicates types of informational content with which the
`
`person using the mobile device desires to be presented, i.e., that which is
`
`preferred.” EX1004, [0176], [0181]; EX1002, ¶70.
`
`To generate the preferences profile, “a person using the mobile device
`
`selects the types of information content that are preferred.” EX1004, [0164].
`
`Haberman provides that the user can select the types of information content that
`
`are preferred using a user interface of mobile device 108. For example: “the
`
`mobile device 108 preferably includes a data processing unit 136 and a user
`
`interface for receiving input from a person using the mobile device 108 such as, for
`
`example, a keypad 138 or a microphone or sound sensitive element 140.”
`
`EX1004, [0121]; EX1002, ¶71.
`
`The preferences input by the user of the mobile device 108 are stored local
`
`to mobile device 108. For example, Haberman provides that the preferences “are
`
`recorded in a preference profile for the person that is maintained within the mobile
`
`device.” EX1004, [0165]. FIG. 14 of Haberman shows a mobile device that stores
`
`a preferences profile. As provided, Haberman discloses that the mobile device
`
`stores therein “a preferences profile 1404 . . . wherein a user has selected
`
`informational content types “X” and “Y” for storing in the mobile device, and
`
`15
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`IPR2022-00131
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`wherein broadcast “X” and broadcast “Y” has, in fact, been received and stored in
`
`a database 1406 maintained in non-volatile memory of the mobile device.”
`
`EX1004, [0166]; EX1002, ¶72.
`
`Haberman discloses receipt of whereabouts data received for processing by
`
`the mobile data processing system. For example, Haberman provides that “[t]he
`
`wireless transmitter transmits a transmission 104 having a broadcast containing
`
`informational content 106 for presentation to a person,” and that the mobile
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`devices 108, within range of the transmitter receives those transmissions. EX1004,
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`[0118], [0031], [0033]. The broadcast constitutes the claimed “whereabouts data.”
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`For example, “the broadcast includes informational content pertaining to a
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`particular location for presentation to a person.” EX1004, [0013]. “[T]he
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`informational content 106 pertains to a particular location within the range of the
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`transmitter 102.” EX1004, [0118]. “The location to which the informational
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`content 106 pertains is the location of a business 116 comprising a bookstore, but
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`other locations certainly are within the scope of the invention.” EX1004, [0122];
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`EX1002 ¶ 73-74.
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`Haberman further teaches that “each broadcast includes both informational
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`content pertaining to a particular location for presentation to a person and
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`broadcast-identifying information.” EX1004, [0018]. “The broadcast-identifying
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`information further may include a description of the informational content of the
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`broadcast, and the broadcast identification may uniquely identify: a broadcast; the
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`informational content of a broadcast; or, if the informational content pertains to a
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`particular location, then the particular location.” EX1004, [0129]; EX1002 ¶75.
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`Haberman further discloses that the privilege data . . . [is] searched upon
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`receipt of whereabouts data. Upon receiving a transmission, mobile device 108
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`searches the preference profile for a matching privilege. EX1002, ¶76.
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`For example, upon receiving “a plurality of transmissions from wireless
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`transmitters,” the mobile device scans each respective broadcast “to determine if
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`the informational content thereof matches informational content identified as being
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`preferred in step 902.” EX1004, [0168]; EX1002, ¶77.
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`Haberman further teaches that “mobile device includes software for
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`organizing and filtering informational content stored therein for selection and
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`presentation thereof. The software may include a search engine such as that
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`utilized by Google.” See EX1004, [0070]. Upon receiving a transmission, “[t]he
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`search engine may be used for searching the broadcast-identifying information or
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`the stored informational content based on the received user input, and the results of
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`the search may be presented to a person using the mobile device by order of
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`relevancy, geographic location, or selected priority.” See id.; EX1002 ¶78.
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`e.
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`Limitations reciting receiving whereabouts data
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`[1.b], [29.d] “receiving, for processing by the mobile data processing
`system, the whereabouts data including an originating identity of the
`whereabouts data;
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`Haberman discloses these limitations. EX1002. ¶79.
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`Haberman discloses the mobile device 108 receives transmissions from
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`wireless transmitter 102. EX1004, [0118]; EX1002, ¶80.
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`The locational information in the broadcast or derived from the broadcast
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`constitutes “whereabouts data.” EX1002, ¶81.
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`For example, Haberman provides that “[t]he wireless transmitter transmits a
`
`transmission 104 having a broadcast containing informational content 106 for
`
`presentation to a person.” EX1004, [0118]. “[T]he informational content 106
`
`pertains to a particular location within the range of the transmitter 102.” EX1004,
`
`[0118]. “The location to which the informational content 106 pertains is the
`
`location of a business 116 comprising a bookstore, but other locations certainly are
`
`within the scope of the invention.” EX1004, [0122]. “The particular location to
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`which the informational content pertains may include, for example: a store; a
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`shopping center; a restaurant; a hotel; a public facility; a historical landmark; or a
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`tomb, crypt, or grave.” EX1004, [0066]-[0067]; EX1002, ¶82.
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`Haberman further teaches that mobile device 108 determines a proximity of
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`the wireless transmitter. For example, “the method further includes . . .determining
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`proximity of the wireless transmitter of each transmission that is received.”
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`EX1004, [0031].
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`A determination of “deemed” proximity of a wireless
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`transmitter may be made based on signal strength of the
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`transmission received from the wireless transmitter.
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`Alternatively, a more accurate determination of proximity
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`of a wireless transmitter may be made based on
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`information identifying the location of the transmitter that
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`is
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`included in the transmission.
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`The information
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`identifying the location may comprise positional data.
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`Moreover,
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`the mobile device may include GPS
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`capabilities, whereby the GPS data of the mobile device
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`can be compared with the positional data contained in the
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`transmission in determining proximity of the wireless
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`transmitter. In this regard, the positional data received
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`from the transmitter may include GPS data, including
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`longitudinal, latitudinal and elevational coordinates.
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`EX1004, [0033]; EX1002, ¶83.
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`Haberman further teaches that “each broadcast includes both informational
`
`content pertaining to a particular location for presentation to a person and
`
`broadcast-identifying information.” EX1004, [0018]. “The broadcast-identifying
`
`information further may include a description of the informational content of the
`
`broadcast, and the broadcast identification may uniquely identify: a broadcast; the
`
`informational content of a broadcast; or, if the informational content pertains to a
`
`particular location, then the particular location. Moreover, if the informational
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`content of the broadcast pertains to a particular location, then the broadcast-
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`identifying information further may include: an identification of the particular
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`location; an address of the particular location; or GPS data of the particular
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`location.” EX1004, [0129]. Accordingly, Haberman teaches transmission and
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`receipt of whereabouts data. EX1002, ¶84.
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`Further, included in the broadcast is the originating identity of the
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`transmission. Haberman teaches originating identity regardless of whether that
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`term is construed as the transmitting party identification or as the broadcast
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`identifying information. For example, “[e]ach transmission contains a
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`transmitting party identification, wherein the transmitting party identification
`
`represents the party of the transmitter by which the broadcast is transmitted in the
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`transmission. Each transmission may also include broadcast identifying
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`information.” EX1004, [0027]. “[T]he broadcast-identifying information may be
`
`utilized in searching for and retrieving the informational content stored in the
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`mobile device.” EX1004, [0129]. “The broadcast identifying information may
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`include, for example: an identification of the broadcast, a version number of a
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`broadcast; an identification of a ‘broadcaster’ (i.e., identification of the party
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`responsible for the informational content); or an identification of the party
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`transmitting the transmission.” Id.; EX1002, ¶85.
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`f.
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`Limitations reciting searching the privilege data
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`[1.c][i], [29.e][i] “searching, by the mobile data processing system, the
`privilege data stored local to the mobile data processing system for a
`matching privilege upon the receiving, for processing by the mobile data
`processing system, the whereabouts data,
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`[1.c][ii], [29.e][ii] wherein the matching privilege is configured for
`relating the originating identity of the whereabouts data with a
`destination identity of the whereabouts data to permit trigger of a
`privileged action for the receipt of whereabouts data received for
`processing by the mobile data processing system;”
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`Haberman discloses these limitations. EX1002, ¶86.
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`Haberman discloses [1.c][i] and [29.e][i]. Haberman describes that upon
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`receiving “a plurality of transmissions from wireless transmitters,” the mobile
`
`device scans each respective broadcast “to determine if the informational content
`
`thereof matches informational content identified as being preferred in step 902.”
`
`EX1004, [0168]. In other words, mobile device 108 searches the preferences
`
`profile upon receipt of a transmission from wireless transmitter 102 to determine if
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`there is a preference, set by the user, that allows for a privileged action (e.g.,
`
`presentation of the informational content) to take place. EX1002, ¶87.
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`The “matching privilege” is a portion of the preferences profile that matches
`
`at least a portion of the whereabouts data. For example, “mobile device includes
`
`software for organizing and filtering informational content stored therein for
`
`selection and presentation thereof. The software may include a search engine such
`
`as that utilized by Google.” See EX1004, [0070]. Upon receiving a transmission,
`
`“[t]he search engine may be used for searching the broadcast-identifying
`
`information or the stored informational content based on the received user input,
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`and the results of the search may be presented to