DOCKET NO.: 337722-000232
`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
`
`IPR2022-00310
`
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 9,088,868
`CHALLENGING CLAIMS 1, 2, 5, 20, 24, 25, 28, and 43
`UNDER 35 U.S.C. § 312 AND 37 C.F.R. § 42.104
`
`

`

`IPR2022-00130
`U.S. Pat. No. 9,088,868
`
`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 ’868 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 ...........................................................................6
`
`VII. SPECIFIC GROUNDS FOR PETITION .......................................................6
`
`A.
`
`Ground 1: Claims 1, 2, 5, 20, 24, 25, 28, and 43 are obvious
`over Haberman .....................................................................................7
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Overview of Haberman..............................................................7
`
`Claims 1 and 24 are obvious over Haberman ............................9
`
`Claims 2 and 25 are obvious over Haberman ..........................28
`
`Claims 5 and 28 are obvious over Haberman ..........................28
`
`Claims 20 and 43 are obvious over Haberman ........................30
`
`B.
`
`Ground 2: Claim 1, 2, 5, 20, 24, 25, 28, and 43 are obvious over
`Haberman in view of Boger ...............................................................32
`
`1.
`
`2.
`
`Overview of Boger...................................................................32
`
`Claims 1 and 24 are obvious over Haberman in view of
`Boger ........................................................................................32
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`3.
`
`4.
`
`5.
`
`Claims 2 and 25 are obvious over Haberman and Boger ........46
`
`Claims 5 and 28 are obvious over Haberman and Boger ........47
`
`Claims 20 and 43 are obvious over Haberman and Boger ......49
`
`C.
`
`Ground 3: Claim 1, 2, 5, 20, 24, 25, 28, and 43 are obvious over
`Haberman in view of Evans ...............................................................49
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Overview of Evans...................................................................49
`
`Claims 1 and 24 are obvious over Haberman in view of
`Evans ........................................................................................50
`
`Claims 2 and 25 are obvious over Haberman and Evans ........57
`
`Claims 5 and 28 are obvious over Haberman and Evans ........57
`
`Claims 20 and 43 are obvious over Haberman and Evans ......57
`
`D.
`
`Ground 4: Claim 1, 2, 5, 20, 24, 25, 28, and 43 are obvious over
`Haberman in view of Boger and Evans..............................................58
`
`1.
`
`2.
`
`3.
`
`4.
`
`Claims 1 and 24 are obvious over Haberman, Boger, and
`Evans ........................................................................................58
`
`Claims 2 and 25 are obvious over Haberman, Boger, and
`Evans ........................................................................................62
`
`Claims 5 and 28 are obvious over Haberman, Boger, and
`Evans ........................................................................................62
`
`Claims 20 and 43 are obvious over Haberman, Boger,
`and Evans .................................................................................63
`
`VIII. DISCRETIONARY DENIAL IS NOT APPROPRIATE ............................63
`
`A.
`B.
`
`General Plastic Denial is Inappropriate.............................................63
`Fintiv Discretionary Denial is Inappropriate......................................63
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Fintiv Factor 1: Institution Will Enable a Stay........................64
`
`Fintiv Factor 2: District Court Schedule..................................65
`
`Fintiv Factor 3: Parallel Proceeding Considerations ...............67
`
`Fintiv Factor 4: The Petition Raises Unique Issues.................67
`
`Fintiv Factor 5: The Petition Will Enable Cancellation of
`Claims that Might Be Reasserted.............................................68
`
`ii
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`

`

`6.
`
`Fintiv Factor 6: Other Considerations Support Institution .....69
`
`IX. CONCLUSION.............................................................................................69
`
`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`iii
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`

`

`IPR2022-00310
`U.S. Pat. No. 9,088,868
`
`I.
`
`INTRODUCTION
`
`Apple Inc. (“Apple” or “Petitioner”) hereby petitions for inter partes review
`
`of U.S. Patent No. 9,088,868 (“’868 patent”) (EX1001). The ’868 patent describes
`
`location-based services for mobile data processing systems and location-based
`
`exchanges of data between distributed mobile data processing systems. As shown
`
`below, the techniques described in the ’868 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 ’868 patent is currently owned by BillJCo LLC (“BillJCo”). The ’868
`
`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)
`
`Backup Counsel: Jonathan Hicks (Reg. No. 75,195)
`
`1
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`Backup Counsel: Joseph Wolfe (Reg. No. 73,173)
`
`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, 2, 5, 20, 24, 25, 28, and 43 of the ’868 patent.
`
`A.
`
`Prior Art Patents and Printed Publications
`
`The ’868 patent issued from U.S. Patent Application No. 14/087,313 (“’313
`
`application”), filed on November 22, 2013. The ’313 application is continuation of
`
`U.S. Patent Application No. 12/287,064, filed October 3, 2008, which is a
`
`continuation-in-part of Application No. 12/077,041 (“’041 application”), filed on
`
`2
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`March 14, 2008.
`
`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 ’868 patent is entitled to a priority date earlier than
`
`November 22, 2013.
`
`The following references are pertinent to the grounds of unpatentability:1
`
`1.
`
`U.S. Patent Application Publication 2005/0096044 (“Haberman”), filed
`
`as Application No. 10/980,135 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 No. 6,327,535 (“Evans”), filed as Application No.
`
`09/543,646 on April 5, 2000 and issued on December 4, 2001, is prior
`
`art under 35 U.S.C. § 102(a), (b), and (e).
`
`1 Because the ’868 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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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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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, 2, 5, 20, 24, 25, 28, and 43 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
`
`Haberman in view of Evans
`
`1, 2, 5, 20, 24, 25, 28, and
`43
`
`1, 2, 5, 20, 24, 25, 28, and
`43
`
`1, 2, 5, 20, 24, 25, 28, and
`43
`
`4. §103
`
`Haberman in view of Boger and
`Evans
`
`1, 2, 5, 20, 24, 25, 28, and
`43
`
`V.
`
`OVERVIEW OF THE ’868 PATENT
`
`A.
`
`Summary of the Alleged Invention
`
`The ’868 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, 1:20-24. Claim 1 of the ’868 patent is exemplary and describes
`
`“accepting user input” via a “user interface” “for configuring user specified
`
`4
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`location based event configuration,” “accessing” a memory that has stored thereon
`
`“a first identifier and a second identifier and a third identifier” where “each
`
`identifier is determined by the mobile processing system for at least one location
`
`based condition.” Claim 1 further describes “receiving” a “wireless data record,”
`
`“determining the identifier data for the wireless data record,” “comparing the
`
`identifier data” with “the third identifier and the at least one of the first identifier
`
`and the second identifier,” “determining” that “at least one location based
`
`condition” matches “the third identifier and at least one of the first identifier and
`
`the second identifier,” then “performing” the “location based action” upon based
`
`on the determining. Id.; EX1002, ¶ 33-34.
`
`B.
`
`Level of Ordinary Skill in the Art
`
`A person having ordinary skill in the art (“POSITA”) for the ’868 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 communications can remedy a
`
`deficiency in experience, and vice versa. EX1002, ¶ 37-38.
`
`C.
`
`Prosecution History
`
`The ’313 application was filed on November 22, 2013 and included claims
`
`1-25, of which claim 1 and 25 were independent. In an Office Action dated
`
`5
`
`

`

`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`January 5, 2015, pending claims 1-25 were rejected under 35 U.S.C. § 102 based
`
`on U.S. Patent Application Publication 2004/0252051 (“Johnson”). ’868 Patent
`
`File History (EX1003), 38-47; EX1002, ¶ 35.
`
`In a response dated March 16, 2015, Applicant aggressively amended claims
`
`1 and 3-25. In distinguishing prior art, Applicant further amended the claims, in
`
`part, to recite “accessing . . . by the mobile data processing system.” EX1003, 24-
`
`38 (emphasis added). The Patent Owner argued that Johnson fails to contemplate
`
`this functionality without explicitly describing how it does not contemplate that
`
`functionality. Id.; EX1002, ¶ 36.
`
`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, ¶¶ 41-42.
`
`VII. SPECIFIC GROUNDS FOR PETITION
`
`Pursuant to Rule 42.104(b)(4)-(5), the following sections, as supported by
`
`6
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`the Porta Declaration (EX1002), detail the grounds of unpatentability, the
`
`limitations of the challenged claims of the ’868 patent, and how these claims are
`
`obvious in view of the prior art.
`
`A.
`
`Ground 1: Claims 1, 2, 5, 20, 24, 25, 28, and 43 are obvious over
`Haberman
`
`Haberman was not considered during prosecution of the ’868 patent and is
`
`highly relevant to claims 1, 2, 5, 20, 24, 25, 28, and 43 of the ’868 patent. EX1002,
`
`¶ 45.
`
`1.
`
`Overview of Haberman
`
`Haberman, entitled “Transmitter at Specific Address Transmitting Address-
`
`Specific Informational Content,” was filed November 1, 2004, published on May
`
`5, 2005. Haberman expressly discloses location-based triggering of presentation
`
`information and renders obvious all of the challenged claims. EX1004, [0008];
`
`EX1002, ¶ 46.
`
`Haberman is directed towards a system for presenting informational content
`
`to a person using a mobile device. EX1004, Abstract, [0008]-[0085]. System 100
`
`(reproduced below) includes a wireless transmitter 102 and a mobile device 108.
`
`EX1004, id.; EX1002, ¶ 47.
`
`7
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`In operation, wireless transmitter 102 transmits a transmission having a
`
`broadcast containing informational content 106 for presentation to a user.
`
`EX1004, [0118]. The information content 106 pertains to a particular location
`
`within the range of the transmitter 102. Id. Transmitter 102 unilaterally transmits
`
`the transmission 104 without regard to whether mobile device 108 is located within
`
`a transmission range 110 of the transmitter 102. EX1004, [0119]; EX1002, ¶ 48.
`
`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].
`
`Further, 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. The preferences
`
`profile indicates the types of informational content with which the person using
`
`8
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`mobile device 108 desires to be presented. EX1004, [0131], [0176]; EX1002, ¶
`
`49.
`
`In operation, a plurality of transmissions are 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 according to the
`
`preferences profile, the informational content is presented using the mobile device.
`
`Id. Otherwise, the information content is not presented. EX1002, ¶ 50.
`
`The mobile device determines that the information content is presentable by
`
`screening the information content to be displayed based on the identifier of who
`
`sent it. For example, “[t]he preferences profile may include a broadcaster
`
`identification by which broadcasts are screened or a transmitting party
`
`identification by which broadcasts are screened.” EX1004, [0026]; EX1002, ¶ 51.
`
`2.
`
`Claims 1 and 24 are obvious over Haberman
`
`Independent claim 1 is a method claim. Independent claim 1 recites a
`
`method. In particular, claim 1 is directed to:
`
`(1) accepting user input through a user interface for configuring a user
`
`specified location based event configuration,
`
`9
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`(2) accessing memory that has three stored identifiers: a first identifier, a
`
`second identifier, and a third identifier,
`
`(3) receiving a wireless data record from an originating data processing
`
`system,
`
`(4) determining identifier data for the wireless data record,
`
`(5) comparing the identifier data to at least two of the three stored
`
`identifiers,
`
`(6) determining that the received identifier data matches at least two of the
`
`three stored identifiers, and based on the determining,
`
`(7) performing a location based action.
`
`Independent claim 24 is similar in scope to independent claim 1, though
`
`independent claim 24 recites one or more processors and a memory. The memory
`
`includes executable 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 independent claim 1. EX1002, ¶¶ 52-55.
`
`a.
`
`Preamble Limitations
`
`[1.pre] “A method:”
`
`[24.pre] “A user carried mobile data processing system:”
`
`10
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`To the extent the preambles are limiting, Haberman discloses the preambles.
`
`EX1002 ¶ 56.
`
`Haberman discloses a system for presenting informational content to a
`
`person using a mobile device and a method for operating the same. EX1004,
`
`Abstract, [0008]. For example, Haberman teaches a “method for presenting to a
`
`person using a mobile device informational content pertaining to a specific address
`
`when the mobile device is within proximity to the specific address includes the
`
`step of transmitting from the specific address a transmission containing a
`
`broadcast, wherein the broadcast includes informational content that pertains to the
`
`specific address for presenting to a person using the mobile device.” EX1004,
`
`abstract; EX1002 ¶ 57.
`
`b.
`
`Limitations reciting processors
`
`[24.a] “one or more processors”
`
`Haberman discloses this limitation. EX1002 ¶ 58.
`
`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 ¶ 59.
`
`11
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`The architecture of mobile device 108 is illustrated in Figure 1, reproduced
`
`below.
`
`To the extent that a data processing unit is not equivalent to the claimed
`
`processor, it is inherent that mobile device 108 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 ¶¶ 60-61.
`
`c.
`
`Limitations reciting memory
`
`[1.a] “memory . . . operations comprising;”
`
`12
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`U.S. Pat. No. 9,088,868
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`Haberman discloses this limitation. EX1002 ¶ 62.
`
`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, ¶ 63.
`
`d.
`
`Limitations reciting configuring privilege data
`
`[1.a], [24.c] “accepting user input . . . to perform mobile data processing
`system operations comprising:”
`
`Haberman discloses these limitations. EX1002, ¶ 64.
`
`Haberman describes that a user can store a preferences profile (i.e., user-
`
`specified location based event configuration to be monitored and triggered by the
`
`mobile data processing system) that “represents the types of informational content
`
`13
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`IPR2022-00310
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`with which the person using the mobile device desires to be presented.” EX1004,
`
`[0025]. The stored preference profile “indicates the types of informational
`
`content” that user “desires to be presented” or “does not desire to be presented.”
`
`EX1004, [0176], [0181]; EX1002, ¶ 65.
`
`The mobile device accepts user input to generate the preferences profile
`
`(from a user of a mobile application user interface of a user carried mobile data
`
`processing system). EX1004, [0164] (“a person using the mobile device selects the
`
`types of information content that are preferred”). Haberman teaches 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, ¶ 66.
`
`The preferences profile is location-based. 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
`
`14
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`IPR2022-00310
`U.S. Pat. No. 9,088,868
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`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: an identification of the
`
`particular location; an address of the particular location; or GPS data of the
`
`particular location.” EX1004, [129];[120];[118]. EX1002, 67.
`
`The mobile device 108 monitors the preferences profile to determine when
`
`to store or present content (uses the user specified location based event
`
`configuration to perform mobile data processing system operations). For example,
`
`upon 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
`
`[i.e., in the preferences profile].” EX1004, [168]; EX1002, ¶ 68.
`
`Haberman further teaches that the “receiving and storing or presenting of the
`
`informational content is automatically performed upon movement of a mobile
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`device within a transmission range of a wireless transmitter transmitting a
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`broadcast. In this regard, the mobile device monitors for transmissions wherein,
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`upon moving into transmission range, the mobile device may receive the broadcast
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`and store or present the informational content thereof in accordance with
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`aforementioned aspects of the present invention.” EX1004, [84] (emphasis added);
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`EX1002, ¶ 69.
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`e.
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`Limitations reciting accessing memory storing a first
`identifier, a second identifier, and a third identifier
`
`[1.a.1.a], [24.c.1.a] “accessing at least one memory storing a first
`identifier and a second identifier and a third identifier”
`
`[1.a.1.b], [24.c.1.b] “wherein each identifier . . . triggering a location
`based action,”
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`[1.a.1.c], [24.c.1.c] “the location based action . . . matches the third
`identifier and at least one of the first identifier and the second
`identifier,”
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`[1.a.1.d], [24.c.1.d] “the wireless data record . . . to a destination data
`processing system,”
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`[1.a.1.e], [24.c.1.e] “the first identifier . . . by the mobile data processing
`system,”
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`[1.a.1.f], [24.c.1.f] “the second identifier . . . by the mobile data
`processing system,”
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`[1.a.1.g], [24.c.1.g] “the third identifier . . . by the mobile data
`processing system,”
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`Haberman discloses these limitations. EX1002, ¶ 70.
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`[1.a.1.a], [24.c.1.a] “accessing at least one memory storing a first
`identifier and a second identifier and a third identifier”
`
`Haberman discloses [1.a.1.a], [24.c.1.a]. Haberman teaches that the
`
`preferences profile is stored in a memory. EX1004, [166], FIG. 14. The mobile
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`device 108 accesses the stored “preferences profile” (accesses at least one memory
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`storing a first identifier and a second identifier and a third identifier) that
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`“represents the types of informational content with which the person using the
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`mobile device desires to be presented.” EX1004, [0025]; EX1002, ¶ 71.
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`The preferences profile includes at least three identifiers:
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` an internal ID associated with the mobile device (the first
`
`identifier)
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` the transmitting party identification (the second identifier)
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` the broadcast identification that represents the author of the
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`informational content (the third identifier). EX1002, ¶ 72.
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`[1.a.1.e], [24.c.1.e] “the first identifier indicative of the mobile data
`processing system . . . by the mobile data processing system”
`
`Haberman discloses the first identifier as recited in [1.a.1.e] and [24.c.1.e].
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`The internal ID (first identifier) refers to an identifier that uniquely identifies the
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`mobile device (indicative of . . . the mobile data processing system), such as the IP
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`address. For example, “the informational content may include, inter alia, an
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`Internet address. In this regard, the mobile device preferably is Internet-enabled,
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`whereby additional informational content may be downloaded from the Internet
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`address using the mobile device.” EX1004, [0132]. Mobile device 108 uses the
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`internal identifier in comparing the first identifier to the identifier data determined
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`by the mobile data processing system for the wireless data record. For example,
`
`Haberman teaches the Internet enabled mobile device of the user can be used to
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`download additional content from the Internet address. See id. EX1002, ¶ 73.
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`To the extent that Haberman does not explicitly disclose that the mobile
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`device has an IP address associated therewith, one of ordinary skill in the art would
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`understand that an Internet-enabled device, such as the mobile device, would have
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`an IP address, such that Haberman inherently and necessarily teaches an IP address
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`for the mobile device. EX1002 ¶ 74.
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`Alternatively, Haberman’s GPS location information teaches the “first
`
`identifier.” Mobile device 108 determines a “proximity of the wireless transmitter
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`of each transmission that is received.” EX1004, [29]. Mobile device 108 includes
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`GPS functionality to obtain GPS data. EX1004, [033]. The GPS data is an
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`identifier that is indicative of the mobile device 108 (mobile data processing
`
`system). EX1002, ¶ 75.
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`Haberman’s mobile device 108 uses the GPS data in comparing the first
`
`identifier to the identifier data determined by the mobile data processing system
`
`for the wireless data record. For example, mobile device 108 can compare the
`
`GPS data “with the positional data contained in the transmission in determining
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`proximity of the wireless transmitter.” Id. The user of mobile device 108 can
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`predefine a threshold proximity similar to the preferences in the preferences
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`profile. For example, Haberman teaches “the method includes the step of
`
`determining, for each transmission that is received, those transmitters that are
`
`within a predefined proximity to the mobile device at the time of reception of the
`
`transmission, and wherein the scanning includes scanning only those transmissions
`
`that are received from transmitters that are determined to be within the
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`predetermined proximity to the mobile device.” EX1004, [47]. EX1002, ¶ 76.
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`[1.a.1.f], [24.c.1.f] “the second identifier indicative of the
`originating data processing system identity data . . . by the mobile data
`processing system”
`
`Haberman discloses the second identifier as recited in [1.a.1.f] and
`
`[24.c.1.f]. Haberman teaches that the transmission may include various
`
`information included therein, including an identifier “indicative of the originating
`
`data processing system” For example, “[e]ach transmission contains a
`
`transmitting party identification [second identifier], wherein the transmitting party
`
`identification represents the party [identity] of the transmitter [indicative of . . . the
`
`originating data processing system identity data] by which the broadcast is
`
`transmitted in the transmission.” EX1004, [0027]. Haberman teaches that the
`
`preferences profile can include transmitting party identification. For example,
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`“[i]n another feature, transmissions received by the mobile device each includes
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`therein a transmitting party identification, and the method further includes the
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`step of storing a preferences profile for a person using the mobile device wherein
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`the preferences profile indicates a transmitting party identification.” EX1002,
`
`¶ 77.
`
`Mobile device 108 uses the transmitting party information to in comparing
`
`the second identifier to the identifier data determined by the mobile data
`
`processing system for the wireless data record. For example, Haberman teaches
`
`“the informational content of a respective broadcast may not [be] presented to a
`
`person using the mobile device if the transmitting party identification does not
`
`match a transmitting party identification indicated in the preferences profile.
`
`Alternatively, the informational content of a respective broadcast may not be
`
`presented to a person using the mobile device if the transmitting party
`
`identification matches a transmitting party identification indicated in the
`
`preferences profile.” EX1004, [0036]; EX1002, ¶ 78.
`
`[1.a.1.g], [24.c.1.g] “the third identifier indicative of the originating data
`processing system . . . by the mobile data processing system”
`
`Haberman discloses the third identifier as recited in [1.a.1.g] and [24.c.1.g].
`
`Haberman teaches that the transmission may include various information included
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`therein, including an identifier “indicative of the originating data processing
`
`system.” For example, “each broadcast includes both informational content for
`
`presentation to a person and broadcast-identifying information, wherein the
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`broadcast-identifying information includes a broadcaster identification [third
`
`identifier indicative of . . . the originating data processing system]. Moreover, the
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`broadcaster identification represents the author of the informational content of a
`
`broadcast.” EX1002, ¶ 79.
`
`Mobile device 108 uses the broadcast-identifying information in comparing
`
`the third identifier to the identifier data determined by the mobile data processing
`
`system for the wireless data record. For example, Haberman teaches “[t]he
`
`method further includes, for each respective broadcast that is received, screening
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`broadcaster identifications and broadcast identifications against the received
`
`preferences profile to determine whether informational content of a respective
`
`broadcast is to be stored within the mobile device.” EX1004, [0027]; EX1002, ¶
`
`80.
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`[1.a.1.b], [24.c.1.b] “wherein each identifier . . . triggering a location
`based action”
`
`Haberman discloses [1.a.1.b] and [24.c.1.b]. Haberman discloses that each
`
`identifier is determined … for at least one location based condition that is
`
`monitored by the mobile data processing system. Specifically, mobile device 108
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`IPR2