UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`APPLE INC.,
`
`Petitioners
`
`v.
`
`BILLJCO LLC,
`
`Patent Owner
`
`
`CASE: IPR2022-00426
`U.S. PATENT NO. 8,761,804
`
`DECLARATION OF JACOB SHARONY, PH.D.
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`TABLE OF CONTENTS
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`
`INTRODUCTION ..................................................................................... 1
`I.
`SUMMARY OF OPINIONS .................................................................... 1
`II.
`III. QUALIFICATIONS AND EXPERIENCE ............................................... 3
`A.
`Education and Experience ............................................................... 3
`B.
`Compensation ................................................................................. 5
`C. Documents and Other Materials Considered .................................. 6
`D.
`Prior Testimony and Publications ................................................... 6
`IV. STATEMENT OF LEGAL PRINCIPLES ................................................ 9
`A.
`Claim Construction ......................................................................... 9
`B. Obviousness ................................................................................... 10
`SCOPE OF OPINIONS .......................................................................... 11
`V.
`VI. OVERVIEW OF THE '804 PATENT ..................................................... 12
`A. Written Specification ..................................................................... 12
`B.
`The Claim Language .................................................................... 13
`C.
`Persons of Ordinary Skill in the Art .............................................. 17
`VII. PRIOR ART RELIED ON IN PETITION .............................................. 18
`A. Himmelstein ................................................................................. 18
`B. Myr ................................................................................................ 22
`C.
`Evans ............................................................................................. 22
`VIII. CLAIM CONSTRUCTION .................................................................... 23
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`IX. THE CHALLENGED CLAIMS ARE
`NOT UNPATENTABLE AS OBVIOUS ............................................... 25
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`I, JACOB SHARONY, Ph.D., hereby declare as follows:
`INTRODUCTION
`I.
`
`
`1.
`
`I have been engaged by Patent Owner BillJCo LLC as a consultant in
`
`connection with the present inter partes review by Petitioners.
`
`2.
`
`This Declaration sets forth the opinions I have formed and the bases for
`
`them concerning patentability of claims 1 and 10-12 ("the Challenged Claims") of
`
`U.S. Patent 8,761,804 (EX1001, "'804 Patent").
`
`3.
`
`I have relied on my knowledge, experience, and expertise in the
`
`technologies involved, which I have acquired over my career, in providing the
`
`analysis and opinions contained in this report. All of my conclusions and opinions
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`are provided within a reasonable degree of professional certainty.
`
`II.
`
`
`SUMMARY OF OPINIONS
`
`4.
`
`It is my opinion that the challenged claims of the ’804 patent are not
`
`obvious in view of U.S. Patent 7,123,926 ("Himmelstein") (EX1005) in combination
`
`with U.S. Patent Application Publication 2003/0014181 ("Myr") (EX1006).
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`5.
`
`It is my opinion that Himmelstein in combination with Myr fails to
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`disclose "maintaining, by the sending data processing system, a configuration for
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`when to perform beaconing of the broadcast unidirectional wireless data record, as
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`required by each of the Challenged Claims.
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`6.
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`It is my opinion that Himmelstein in combination with Myr fails to
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`disclose "transmitting, by the sending data processing system, the broadcast
`
`unidirectional wireless data record for receipt by a plurality of receiving mobile data
`
`processing systems in a wireless vicinity of the sending data processing system
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`wherein the broadcast unidirectional wireless data record is beaconed by the sending
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`data processing system in accordance with the configuration for when to perform
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`beaconing," as required by each of the Challenged Claims.
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`7.
`
`It is also my opinion that a person of ordinary skill in the art
`
`("POSITA") would not have had reason to combine these references in the manner
`
`set forth in the Challenged Claims.
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`8.
`
`It my further opinion that the Challenged Claims of the ’804 patent are
`
`not obvious in view of Himmelstein in combination Myr, and further in combination
`
`with U.S. Patent 6,327,535 ("Evans") (EX1007).
`
`9.
`
`Similar to Petitioner's Ground 1, the combination of Himmelstein, Myr
`
`and Evans, lacks the aforementioned disclosures, and a POSITA would not have had
`
`reason to combine these references in the manner set forth in the Challenged Claims.
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`10. The subsequent sections of this Declaration provide my qualifications
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`and experience and then my analysis and the bases for my opinions.
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`III. QUALIFICATIONS AND EXPERIENCE
`
`
`A. Education and Experience
`
`11.
`
`I have over 35 years of experience working in mobile and wireless
`
`technologies, which has resulted in over 50 issued patents and numerous
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`publications in scientific journals and conferences. I have also served on various
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`government expert panels, including for the National Science Foundation and
`
`National Institutes of Health.
`
`12. Since 2010, I have been an Adjunct Professor of Electrical Engineering
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`at Columbia University, teaching graduate level courses on advanced wireless
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`technologies including in the areas of wireless sensing and Auto ID technologies,
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`mmWave communications, and applications for 5G wireless networks and systems.
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`13.
`
`I received a Bachelor’s Degree (1979) and Master’s Degree (1984) in
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`Electrical Engineering from Tel Aviv University. I have M.Phil. (1991) and Ph.D.
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`(1993) Degrees in Electrical Engineering from Columbia University. I also have an
`
`MBA Degree (1989) from Tel Aviv University.
`
`14.
`
`I have been involved with mobile and wireless networking technologies
`
`since the mid-1990s working as a researcher, developer, and educator on wireless
`
`wide, local, and personal area networks (WWAN, WLAN, and WPAN),
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`infrastructure and mobile devices. Over these two-and-a-half decades, I have
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`witnessed the change from voice-centric to data-centric networks, and have worked
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`on enterprise mobility products and solutions as early as the late 1990s.
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`15. After obtaining my Ph.D., I led the advanced mobile networking group
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`at BAE Systems, developing tactical mesh-based wireless network systems for the
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`U.S. Department of Defense. I also conducted research and development in
`
`advanced mobile and wireless networks. My work resulted in several issued patents.
`
`16. From 1997 to 2005, I held various positions at Symbol Technologies
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`(acquired by Motorola Solutions). While working at Motorola/Symbol I gained
`
`substantial experience in application-specific and data-capture mobile devices, and
`
`wireless networking and architecture solutions in several vertical applications, e.g.,
`
`transportation and logistics, healthcare, warehousing, retail, and education, among
`
`others. As Senior Director, Research and Development, I initiated and led several
`
`research and development programs in wireless LAN (local area network)
`
`technologies including mobile device management and security. As Senior Director,
`
`Technology Strategy and Development, I was responsible for the research and
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`development of new mobile applications for delivering multimedia-rich content to
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`mobile devices connected over heterogeneous networks. That work resulted in
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`several U.S. patents.
`
`17.
`
` In 2004, I founded Mobius Consulting, a consulting firm providing
`
`professional services in mobile wireless strategy, technologies, systems, and
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`applications, including enterprise mobility, wireless communication networks,
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`mobile embedded devices, device management, and mobile applications and
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`services. In this capacity, I have worked with many companies in the mobile and
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`wireless ecosystem including service providers and operators, equipment vendors,
`
`and semiconductor companies. Since founding Mobius Consulting, I have worked
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`with many enterprises interested in deploying mobile and wireless solutions in order
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`to become more productive, efficient, and cost effective. These solutions spanned
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`numerous industry sectors and involved various mobile and wireless technologies
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`including 3G/4G/5G Cellular, Wi-Fi, Bluetooth, ZigBee, and RFID (radio frequency
`
`identification). That work resulted in several U.S. patents.
`
`18.
`
`In addition to the summary I have provided here, I describe my
`
`education and experience in greater detail in my curriculum vitae (CV) attached as
`
`Appendix A.
`
`
`
`B. Compensation
`
`19.
`
`I am being compensated for my time at the rate of $550 per hour. The
`
`compensation is not contingent upon my performance, the outcome of this or any
`
`other proceeding, or any issues involved in or related to this matter.
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`C. Documents and Other Materials Considered
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`20.
`
`In addition to my education, training, and knowledge, my opinions are
`
`based on review of the documents and other materials identified in this Declaration,
`
`including:
`
` The Petition for Inter Partes Review of the '804 Patent
`
` The '804 patent. EX1001.
`
` The prosecution history for the '804 patent. EX1002.
`
` Himmelstein. EX1005
`
` Myr. EX1006
`
` Evans. EX1007
`
` Declaration of Darrell Long. EX1004.
`
` Patent Owner’s Preliminary Response. Paper 8.
`
` Institution Decision. Paper 16.
`
`D.
`
`Prior Testimony and Publications 
`
`21. A detailed list of my publications, including any published with the last
`
`
`
`ten years, is described in my CV which is attached to this Declaration as Appendix
`
`A.
`
`22.
`
`In addition to this case, I have submitted declarations, reports, and
`
`testimony in the last four years in the following matters:
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` Deutsche Telekom AG v. The Republic of India, PCA Case No. 2014-
`10 (UNCITRAL) Expert Reports + Arbitration Hearing.
` Devas (Mauritius) Ltd. Et al v. The Republic of India, PCA Case No.
`2013-09 (UNCITRAL) Expert Reports + Arbitration Hearing.
` Philips v. HTC, Claim HP-2015-000063 (UK) Expert Report.
` Ruckus Wireless, Inc. et al v. Hera Wireless S.A., Case IPR2018-01419
`(PTAB) Expert Declaration.
` Ruckus Wireless, Inc. et al v. Hera Wireless S.A., Case IPR2018-01736
`(PTAB) Expert Declaration.
` Intel Corporation v. Hera Wireless S.A., Case IPR2018-01702 (PTAB)
`Expert Declaration.
` Ruckus Wireless, Inc. et al v. Hera Wireless S.A., Case IPR2018-01418
`(PTAB) Expert Declaration.
` Ruckus Wireless, Inc. et al v. Hera Wireless S.A., Case IPR2018-01739
`(PTAB) Expert Declaration.
` Intel Corporation et al v. Hera Wireless S.A., Case IPR2018-01700
`(PTAB) Expert Declaration.
` Intel Corporation et al v. Hera Wireless S.A., Case IPR2018-01701
`(PTAB) Expert Declaration.
` Ruckus Wireless, Inc. et al v. Hera Wireless S.A., Case IPR2018-01732
`(PTAB) Expert Declaration.
` Ruckus Wireless, Inc. et al v. Hera Wireless S.A., Case IPR2018-01737
`(PTAB) Expert Declaration.
` Intel Corporation et al v. Hera Wireless S.A., Case IPR2018-01686
`(PTAB) Expert Declaration.
` Ruckus Wireless, Inc. et al v. Hera Wireless S.A., Case IPR2018-01420
`(PTAB) Expert Declaration.
` Intel Corporation et al v. Hera Wireless S.A., Case IPR2018-01687
`(PTAB) Expert Declaration.
` Ruckus Wireless, Inc. et al v. Hera Wireless S.A., Case IPR2018-01738
`(PTAB) Expert Declaration.
` RPX Corporation et al v. Iridescent Networks, Inc. (McEwen, Kathy,
`inventor), Case IPR2018-00254 (PTAB) Expert Declaration.
` RPX Corporation et al v. Iridescent Networks, Inc. (McEwen, Kathy,
`inventor), Case IPR2017-01661 (PTAB) Expert Declaration.
` RPX Corporation et al v. Iridescent Networks, Inc., Case IPR2017-
`01662 (PTAB) Expert Declaration.
` Intellectual Ventures II LLC v. FedEx Corp., (2:16-cv-00980), Expert
`Report + Deposition + Trial (Texas Eastern District Court).
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` FedEx Corp. v. Intellectual Ventures II LLC, Case IPR2017-02030
`(PTAB) Expert Declaration.
` FedEx Corp. v. Intellectual Ventures II LLC, Case IPR2017-00741
`(PTAB) Expert Declaration.
` Uniloc USA, Inc., Uniloc Luxembourg, S.A., and Uniloc 2017 LLC
`(Uniloc) v.
` Samsung, (2:18-cv-00042) Expert Report + Deposition.
` Uniloc USA, Inc., Uniloc Luxembourg, S.A., and Uniloc 2017 LLC
`(Uniloc) v.
` Samsung, (2:18-cv-00044) Expert Report + Deposition.
` SoL IP v. AT&T et al., (2:18-cv-00526), Expert Report + Deposition.
` Juniper Networks v. American Patents, Case IPR2020-01114 (PTAB)
`Expert Declaration.
` Juniper Networks v. American Patents, Case IPR2020-01115 (PTAB)
`Expert Declaration.
` Intellectual Tech v. Zebra Technologies, (6:19-cv-00628) Expert
`Declaration.
` Aegis 11 S.A. v. Belkin Int’l, Inc., Civ. Nos. 19-1161-RGA, -1162-RGA,
`and 1163RGA Expert Declaration.
` Aegis 11 S.A. v. TTE Tech., Inc., Civ. No. 19-1165-RGA Expert
`Declaration
` Aegis 11 S.A. v. Funai Electric Co., Civ. No. 20-03890
` AEGIS v. Hisense, (1:20-cv-03891) Expert Declaration.
` Soter Technologies, LLC v. IP Video Corp. et al, SDNY 20-cv-
`05007(LJL) Expert Declaration. • Soter Technologies, LLC v. IP Video
`Corp. et al, EDNY 2:20-cv02989(GRB)(AKT) Expert Declaration +
`Deposition.
` Cellspin Soft, Inc. v. Nike, Inc., NDCA 4:17-cv-05931YGR Expert
`Report.
` Cellspin Soft, Inc. v. Under Armour, Inc., NDCA 4:17-cv-05932YGR
`Expert Report.
` BillJCo, LLC v. Cisco Systems, Inc. et al., EDTX 2:21-cv-181, 183-JRG
`Expert Declaration + Deposition + Expert Report.
` BillJCo, LLC v. Apple, Inc., WDTX 6:21-cv-528-ADA Expert
`Declaration.
` Zebra Technologies v. OnAsset Intelligence, Inc., ITC Washington DC,
`Investigation No. 337-TA-1278 Expert Reports on Infringement &
`Validity + Deposition + Trial.
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` Intellectual Tech LLC v. Zebra Technologies, WDTX 6:19-cv-00628-
`ADA Expert Report.
` Hewlett Packard Enterprise v. Intellectual Ventures II LLC, Case
`IPR2021-01377 (PTAB) Expert Declaration + Deposition.
`
`I identify a list of recent expert consulting engagements in my CV,
`
`
`23.
`
`which is attached to this Declaration as Appendix A.
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`IV. STATEMENT OF LEGAL PRINCIPLES
`
`
`24.
`
`I have been advised of certain legal principles applicable to this inter
`
`partes review. I have incorporated and applied these legal principles within the
`
`opinions set forth below in this Declaration.
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`
`
`A. Claim Construction
`
`25.
`
`I understand that patent claims are to be interpreted in view of a patent’s
`
`specification and prosecution history. I understand that claim construction starts with
`
`the plain language of the claims as understood by a person having ordinary skill in
`
`the art at the time the patent was filed. I am further informed that a patent's
`
`specification is always highly relevant to the claim construction analysis and usually
`
`dispositive of the meaning. I also understand that the prosecution history may also
`
`provide evidence of how the PTO and the inventor understood the patent. I also
`
`understand that extrinsic evidence, such as technical dictionaries, may provide
`
`insight as to the meaning of technical terms.
`
`26.
`
`I understand that a patentee may be its own lexicographer, so long as
`
`the definition of a specific term is clearly set forth in the specification and it is clear
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`the inventor intended to define the term. I further understand that Petitioner does not
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`contend that any claim term should be given a special meaning, and instead, has
`
`taken the position that the claim terms should be given their plain and ordinary
`
`meanings.
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`
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`B. Obviousness
`
`27.
`
`I understand that a patent claim may be found invalid as obvious if the
`
`differences between the claimed invention and the prior art are such that the claimed
`
`invention as a whole would have been obvious before the effective filing date of the
`
`claimed invention to a person having ordinary skill in the art to which the claimed
`
`invention pertains. I further understand that obviousness of a patent claim is
`
`determined based on (1) the scope and content of the prior art; (2) the differences
`
`between the claims and the prior art; (3) the level of ordinary skill in the art; and (4)
`
`objective indicia of non-obviousness.
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`28.
`
`I understand that in assessing the prior art, one must consider whether
`
`a POSITA would have been motivated to combine the prior art to achieve the
`
`claimed invention and whether there would have been a reasonable expectation of
`
`success in doing so. I understand that this motivation may come from a teaching,
`
`suggestion, or motivation to combine. I also understand that a specific teaching,
`
`suggestion, or motivation is not required.
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`29.
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`I also understand that objective indicators of non-obviousness
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`(sometimes referred to as “secondary considerations”) must be considered in
`
`evaluating obviousness, including commercial success of the claimed invention,
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`whether others copied the invention, whether others in the field praised the
`
`invention, and licensing of the invention. I understand that secondary considerations
`
`of non-obviousness support a finding of non-obviousness if the evidence of
`
`secondary considerations is sufficiently tied to the patented features. Where a patent
`
`claims a combination of features, I understand that the evidence of secondary
`
`considerations may be tied to the claimed combination as a whole.
`
`30.
`
`I understand that, after consideration of all of these factors, a patent is
`
`not obvious unless the difference between the subject matter sought to be patented
`
`and the prior art are such that the subject matter as a whole would have been obvious
`
`at the time the invention was made to a person having ordinary skill in the art to
`
`which said subject matter pertains.
`
`V.
`
`
`SCOPE OF OPINIONS
`
`31.
`
`I only provide my independent opinions and analysis of the issues I
`
`specifically discuss in this declaration. I note that the Petition (and the evidence it
`
`cites) appears to raise many other issues, but I have not provided my opinions as to
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`any of those other issues.
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`VI. OVERVIEW OF THE '804 PATENT
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`32. The '804 Patent was issued on June 24, 2014. The '804 Patent is entitled
`
`"System and Method for Location Based Exchanges of Data Facilitating Distributed
`
`Locational Applications." EX1001.
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`
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`A. Written Specification
`
`33. The '804 Patent teaches that the invention "relates generally 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. A common connected service is not required for location
`
`based functionality and features. Location based exchanges of data between
`
`distributed mobile data processing systems enable location based features and
`
`functionality in a peer to peer manner." Ex. 1001, 1:20-27. "Websites
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`yahoo.com, google.com, ebay.com, amazon.com, and
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`iTunes.com have
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`demonstrated well the ability to provide valuable services to a large dispersed
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`geographic audience through the internet …. Advantages of having a service as the
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`intermediary point between clients, users, and systems, and their associated services,
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`includes centralized processing, centralized maintaining of data, for example to have
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`an all knowing database for scope of services provided, having a supervisory point
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`of control, providing an administrator with access to data maintained by users of the
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`web service, and other advantages associated with centralized control." Ex. 1001,
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`1:32-46 (emphasis supplied).
`
`34. The '804 Patent further explains that "[w]hile a centralized service has
`
`its advantages, there are also disadvantages. A service becomes a clearinghouse for
`
`all web service transactions. Regardless of the number of threads of processing
`
`spread out over hardware and processor platforms, the web service itself can become
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`a bottleneck causing poor performance for timely response, and can cause a large
`
`amount of data that must be kept for all connected users and/or systems." Ex. 1001,
`
`1:66-2:6. “It is an advantage herein to have no centralized service governing
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`location based features and functionality among MSs. Avoiding a centralized
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`service prevents performance issues, infrastructure costs, and solves many of the
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`issues described above.” Ex. 1001, 4:24-28. “It is an advantage herein for enabling
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`useful distributed applications without the necessity of having a service, and without
`
`the necessity of users and/or systems registering with a service. MSs interact as peers
`
`in preferred embodiments, rather than as clients to a common service (e.g. internet
`
`connected web service). Ex. 1001, 4:36-41.
`
`
`
`B.
`
`The Claim Language
`
`35. The Challenged Claims (1 and 10-12) of the '804 Patent recite:
`
`1. A method by a sending data processing system, the method
`comprising:
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`accessing, by the sending data processing system, identity
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`information for describing an originator identity associated with the
`sending data processing system;
`
`accessing, by the sending data processing system, application
`information for an application in use at the sending data processing
`system; accessing, by the sending data processing system, location
`information associated with the sending data processing system;
`
`accessing, by the sending data processing system, reference
`information for further describing the location information associated
`with the sending data processing system; preparing, by the sending data
`processing system, a broadcast unidirectional wireless data record
`including:
`the identity information for describing the originator
`
`identity associated with the sending data processing system,
`
`the application information for the application in use at the
`sending data processing system,
`
`the location information associated with the sending data
`processing system, and
`
`the reference information for further describing the
`location information associated with the sending data processing
`system;
`the sending data processing system, a
`maintaining, by
`
`configuration for when to perform beaconing of the broadcast
`unidirectional wireless data record; and
`
`transmitting, by the sending data processing system, the
`broadcast unidirectional wireless data record for receipt by a plurality
`of receiving mobile data processing systems in a wireless vicinity of the
`sending data processing system wherein the broadcast unidirectional
`wireless data record is beaconed by the sending data processing system
`in accordance with the configuration for when to perform beaconing,
`and wherein the broadcast unidirectional wireless data record includes
`at least:
`the identity information for describing the originator
`
`identity associated with the sending data processing system
`wherein the identity information is for an alert determined by
`each receiving mobile data processing system of the plurality of
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`receiving mobile data processing systems that the each receiving
`mobile data processing system is in the wireless vicinity of the
`sending data processing system,
`
`the application information for the application in use at the
`sending data processing system,
`
`the location information associated with the sending data
`processing system to be used by the each receiving mobile data
`processing system for determining their own location relative to
`the location information, and
`
`the reference information for further describing the
`location information associated with the sending data processing
`system for describing to the each receiving mobile data
`processing system useful information associated with the
`sending data processing system.
`
`
`10. The method of claim 1 wherein the broadcast unidirectional
`wireless data record includes information that is processed by the each
`receiving mobile data processing system for determining by the each
`receiving mobile data processing system what to present to a user
`interface.
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`11. The method of claim 1 wherein the broadcast unidirectional
`wireless data record includes at least one of:
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`information for a location technology used to locate the
`sending data processing system,
`
`information for a triangulation measurement associated
`with the sending data processing system,
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`information for a time difference of arrival measurement
`associated with the sending data processing system,
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`information for a time of arrival measurement associated
`with the sending data processing system,
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`information for an angle of arrival measurement
`associated with the sending data processing system,
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`information for a yaw measurement associated with the
`sending data processing system,
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`information for a pitch measurement associated with the
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`sending data processing system,
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`information for a roll measurement associated with the
`sending data processing system,
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`information for an accelerometer measurement associated
`with the sending data processing system,
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`information for a communications signal strength of a
`transmission associated with the sending data processing system,
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`information for a communications wave spectrum
`characteristic of a transmission associated with the sending data
`processing system,
`
`information for a communications wave spectrum class of
`a transmission associated with the sending data processing
`system,
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`information for a communications wave spectrum
`frequency of a transmission associated with the sending data
`processing system,
`
`information associated with a wireless data record
`received by the sending data processing system from a particular
`data processing system,
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`information maintained by an application associated with
`the sending data processing system,
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`information for an application in use at the sending data
`processing system,
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`information for an application context of an application
`associated with the sending data processing system,
`
`information for a navigation Application Programming
`Interface associated with the sending data processing system,
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`information for a situational location associated with the
`sending data processing system,
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`information for a speed associated with the sending data
`processing system,
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`information for a heading associated with the sending data
`processing system,
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`time information associated with the sending data
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`processing system,
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`information for a service condition associated with the
`sending data processing system,
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`information for a physical address associated with the
`sending data processing system,
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`information for a logical address associated with the
`sending data processing system,
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`information for a user configuration associated with the
`sending data processing system,
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`information for monitoring movement of the sending data
`processing system,
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`information for an identifier associated with the sending
`data processing system, or
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`information in accordance with one or more permissions
`configured by a user associated with the sending data processing
`system.
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`
`12. The method of claim 1 wherein the broadcast unidirectional
`wireless data record includes information that can be processed
`according to a user configured permission maintained at the each
`receiving mobile data processing system.
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`36. Dependent claims 10-12 depend on independent method claim 1.
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`C.
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`37.
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`Persons of Ordinary Skill in the Art
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` Petitioner proposes that a person of ordinary skill in the art
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`("POSITA") would have “a bachelor’s degree in computer science, computer
`
`engineering or an equivalent, as well as two years of professional experience, and a
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`[POSITA] would have had a working knowledge of hardware and software for the
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`beaconing of data to mobile devices.” And “[l]ack of work experience can be
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`remedied by additional education and vice versa.” Pet. at 8. I do not disagree with
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`this this proposal for purposes of this Declaration and my opinions concerning the
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`Petition, but note that an electrical engineering degree would also be appropriate.
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`38.
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`I meet the definition of a POSITA provided by the Petitioner.
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`VII. PRIOR ART RELIED ON IN PETITION
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`39. As stated above, I note that the Petitioner relies on the combination of
`
`two references, Himmelstein and Myr for its Ground 1, and further incorporates
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`Evans for its Ground 2.
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`
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`A. Himmelstein
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`40. Himmelstein teaches "a mobile communication system which allows
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`mobile vehicles
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`to communicate with neighboring vehicles and roadside
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`communication networks."
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`41.
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`In the Background section of Himmelstein, various shortcomings of
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`existing technologies, and particularly "CB or two-way radio[s]" and cell phones are
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`discussed.
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`include cellular
`Conventional mobile communication systems
`telephones and CB or two-way radio. When using a cell phone as a
`means of mobile communication, there is no practical way of
`discovering whether a neighboring vehicle operator possesses a cell
`phone. Additionally, there is no process for determining the phone
`number of the targeted cell phone. Accordingly, the cell phone as a
`communication medium is severely limited.
`
`CB radio is a widely broadcast public medium where mobile users may
`talk to other mobile or stationary users in their vicinity. However, since
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`there is no ability to prevent others from listening, there is no privacy
`between mobile communicators.
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` …
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` The limitations of present forms of communication are even more
`severe when considering the extent to which a communication link can
`improve both the driving experience and the safety statistics of modern
`vehicles.
`
`EX1005, col. 1:28-49.
`
`42. Referring to Fig. 1, Himmelstein provides an explanation of its system.
`
`
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`
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`The vehicle communication system 10 generally includes one or more
`base stations 14, each of which is in wireless communication with a
`plurality of remote units 16. Although the remote units 16 may be fixed
`or mobile, they will be referred to hereinafter for simplicity as mobile
`units 16. Each mobile unit 16 can communicate with another mobile
`unit 16, the closest base station 14, or the base station 14 which provides
`the strongest communication signal. The base stations 14 communicate
`with a base station controller 20, which coordinates communications
`among base stations 14 and mobile units 16. … [T]he base station
`controller 20 provides all of the operations, administrative, and
`maintenance (OA&M) signaling associated with establishing and
`maintaining all of the wireless communications between the mobile
`units 16, the base stations 14, and the base station controller 20. The
`base station controller 20 can provide the routing of all communications
`between mobile units 16, and between the mobile units 16 and the
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`PSTN 22. The base station controller 20 also provides an interface
`between the mobile units 16 and the PSTN 22. EX1005, col. 2:60-3:21.
`
`the vehicle
`"Communications between mobile units 16 using
`communication system 10 are accomplished through a stream of
`transmitted communication packets 50. As shown in FIG. 3A, each
`communication packet 50 includes a header 51 and a payload 53. The
`header 51 includes a plurality of predefined information fields which
`pr