Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 1 of 49 PageID #:
`9838
`
`EXHIBIT M
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 2 of 49 PageID #:
`9839
`
`Exhibit A22
`U.S. Pat. Pub. No. 2006/0199612 published September 7, 2006 (“Beyer ’612”)
`
`U.S. Pat. Pub. No. 2006/0199612 (“Beyer ’612”) is entitled “Method of Providing a Cellular
`Phone/PDA Communication System.” Beyer ’612 was published on September 7, 2006 from an
`application filed on April 17, 2006. Beyer ’612 discloses and/or renders obvious Claims 2 and 10-
`13 of U.S. Patent No. 8,213,970 alone and/or in combination with other references, as set forth in
`the chart below. Defendants incorporate in this chart all applicable qualifications, clarifications,
`and other statements made in Defendants’ Invalidity Contentions. This invalidity claim chart is
`based on Defendants’ present understanding of Claims 2 and 10-13 and AGIS’s apparent
`construction of the claims, as set forth in AGIS’s Infringement Contentions. Defendants are not
`adopting AGIS’s apparent constructions, nor do Defendants admit the accuracy of any particular
`construction. To the extent the Court finds that this reference does not expressly disclose certain
`limitations in the asserted claims, such limitations would have been inherent and/or obvious. By
`mapping claim language to this reference, Defendants do not imply or admit that the claim
`language satisfies 35 U.S.C. § 112. To the extent any cell lacks citations to the charted reference,
`this should not be taken as an admission that the reference does not disclose the corresponding
`limitation but rather indicates that Defendants do not presently intend to rely on the reference as
`disclosing the limitation based on Defendants’ present understanding of the claim limitation.
`
`
`
`
`
`
`
`1
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 3 of 49 PageID #:
`9840
`
`U.S. Patent No.
`8,213,970
`[2.pre] A
`communication
`system for
`transmitting,
`receiving,
`confirming
`receipt, and
`responding to an
`electronic
`message,
`comprising:;
`
`[2.a] a
`predetermined
`
`
`
`Beyer ’612
`
`Beyer ’612 discloses and renders obvious a communication system
`for transmitting, receiving, confirming receipt, and responding to an
`electronic message, comprising:
`
`See e.g., Beyer ‘612 at Abstract (“A cellular, PDA communication
`device and communication system for allowing a plurality of cellular
`phone users to monitor each other’s locations and status, to initiate
`cellular phone calls by touching a symbol on the touch screen
`display.”).
`See also e.g., id. at ¶ 2 (“A communications system is generally
`comprised of three basic elements: transmitter, information channel,
`and receiver.”).
`See also e.g., id. at ¶ 3 (“Digital Smart Message Service (SMS) and
`TCP/IP messages can be transmitted using cellular technology such as
`various versions of GSM and CDMA or via a WiFi local area network
`. . . Another implementation permits the cellular phone users to also
`view the location of other GPS equipped units.”).
`See also e.g., id. at ¶ 21 (“[T]he present invention is shown generally
`at 10 that includes a small handheld cellular phone that includes a
`personal digital assistant (PDA) and a global positioning system
`receiver (GPS) communications device in housing 12 that includes . . .
`an LCD display 16.”).
`See also e.g., id. at ¶ 21 (“The GPS system including a receiver in
`housing 12 is capable of determining the latitude and longitude and
`through SMS, TCP/IP, WiFi or other digital messaging software, to
`also transmit this latitude and longitude information of housing 12 to
`other cellular phones in the communication network via cellular
`communications, WiFi or radio.”
`See also e.g., id. at ¶ 1 (“This invention generally relates to an
`integrated communications system using a plurality of
`cellular/PDA/GPS phones for the management of a group of people
`through the use of a communications net, and specifically to provide
`each user with a cellular/PDA/GPS/phone that has software
`application programs and databases that permit all users to
`continuously know each other’s locations and status.”).
`Beyer ’612 discloses and renders obvious a predetermined network of
`participants, wherein each participant has a similarly equipped
`
`2
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 4 of 49 PageID #:
`9841
`
`network of
`participants,
`wherein each
`participant has a
`similarly
`equipped
`PDA/cell phone
`that includes a
`CPU and a touch
`screen display a
`CPU and
`memory;
`
`PDA/cell phone that includes a CPU and a touch screen display a
`CPU and memory.
`
`See Beyer ’612 at FIG. 4, ¶ 48 (“In FIG. 4, information flow
`associated with the communications cellular phone system of the
`present invention is shown. The satellites 40 provide global
`positioning system (GPS) signals to each of the cellular phones 42,
`44, 46, and 48 distributed throughout the communication area. Each
`of the cellular phones 42, 44, 46 and 49 automatically transmit each
`location data over the internet communications 52 that is provided by
`the cellular phone company. The data is sent to the command
`communication website server 54 which subsequently retransmits the
`data to all other common communication units or if specifically
`addressed data is received to the addressed specific communication
`unit such as cellular phones 42, 44, 46, and 48.”) (“Another method
`for shifting between high speed and internet is as follows. . . instead
`of sending the SMS messages to the other participants, the phone
`transmits the data in GPRS/EDGE/1XEVDO or WiFi to all the other
`participants. Location, status and text data from the other participants
`is then retransmitted by the Server to the phone in SMS.”).
`
`
`
`
`3
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 5 of 49 PageID #:
`9842
`
`
`
`See also e.g., id. at ¶ 38 (“The present cell phone/PDA/GPS device to
`create the communication network where all of the participants have
`the same communication device described herein also includes the
`ability of a specific operator device to provide polling in which other
`cellular phones using SMS, internet or WiFi report periodically . . .
`The operator can manually poll any or all of the cell phone devices
`that are used by all of the participants in the communication network
`having the same device as described herein for the invention. The
`receiving cellular phone application code responds to the polling
`device with the receiving cellular phone’s location and status which
`could include battery level, GPS status, signal strength, and entered
`track data.”).
`See also e.g., id. at FIG. 1, ¶ 23 (“The bottom right side of the display
`16c is a multifunction insert area that can contain a variety of
`information including: . . . applicable status information.”).
`See also e.g., id. at ¶ 32 (“[E]ach of the network units reports its
`identity, location and status to the other participant’s device.”).
`
`
`
`4
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 6 of 49 PageID #:
`9843
`
`[2.b] a data
`transmission
`means that
`facilitates the
`transmission of
`electronic files
`between said
`PDA/cell phones
`in different
`locations;
`
`See also e.g., id. at ¶ 44 (“Referring now to FIG. 3, a flow chart is
`shown of the activities provided in the present invention and the
`methodology.”), FIG. 3 (“Provide a database having a list of
`participants and corresponding cellphone numbers; Provide software
`that permits the exchange of GPS position data, messages,
`photographs and videos.”).
`Beyer ’612 discloses and renders obvious a data transmission means
`that facilitates the transmission of electronic files between said
`PDA/cell phones in different locations.
`
`See e.g., Beyer ‘612 at Abstract (“A cellular, PDA communication
`device and communication system for allowing a plurality of cellular
`phone users to monitor each other’s locations and status, to initiate
`cellular phone calls by touching a symbol on the touch screen
`display.”).
`See also e.g., id. at ¶ 2 (“A communications system is generally
`comprised of three basic elements: transmitter, information channel,
`and receiver.”).
`See also e.g., id. at ¶ 3 (“Digital Smart Message Service (SMS) and
`TCP/IP messages can be transmitted using cellular technology such as
`various versions of GSM and CDMA or via a WiFi local area network
`. . . Another implementation permits the cellular phone users to also
`view the location of other GPS equipped units.”).
`See also e.g., id. at ¶ 21 (“[T]he present invention is shown generally
`at 10 that includes a small handheld cellular phone that includes a
`personal digital assistant (PDA) and a global positioning system
`receiver (GPS) communications device in housing 12 that includes . . .
`an LCD display 16.”).
`See also e.g., id. at ¶ 21 (“The GPS system including a receiver in
`housing 12 is capable of determining the latitude and longitude and
`through SMS, TCP/IP, WiFi or other digital messaging software, to
`also transmit this latitude and longitude information of housing 12 to
`other cellular phones in the communication network via cellular
`communications, WiFi or radio.”
`See also e.g., id. at ¶ 1 (“This invention generally relates to an
`integrated communications system using a plurality of
`cellular/PDA/GPS phones for the management of a group of people
`through the use of a communications net, and specifically to provide
`each user with a cellular/PDA/GPS/phone that has software
`
`
`
`5
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 7 of 49 PageID #:
`9844
`
`[2.c] a sender
`PDA/cell phone
`and at least one
`recipient
`PDA/cell phone
`for each
`electronic
`message;
`
`application programs and databases that permit all users to
`continuously know each other’s locations and status.”).
`Beyer ’612 discloses and renders obvious a sender PDA/cell phone
`and at least one recipient PDA/cell phone for each electronic message.
`
`See Beyer ’612 at FIG. 4, ¶ 48 (“In FIG. 4, information flow
`associated with the communications cellular phone system of the
`present invention is shown. The satellites 40 provide global
`positioning system (GPS) signals to each of the cellular phones 42,
`44, 46, and 48 distributed throughout the communication area. Each
`of the cellular phones 42, 44, 46 and 49 automatically transmit each
`location data over the internet communications 52 that is provided by
`the cellular phone company. The data is sent to the command
`communication website server 54 which subsequently retransmits the
`data to all other common communication units or if specifically
`addressed data is received to the addressed specific communication
`unit such as cellular phones 42, 44, 46, and 48.”) (“Another method
`for shifting between high speed and internet is as follows. . . instead
`of sending the SMS messages to the other participants, the phone
`transmits the data in GPRS/EDGE/1XEVDO or WiFi to all the other
`participants. Location, status and text data from the other participants
`is then retransmitted by the Server to the phone in SMS.”).
`
`
`
`
`6
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 8 of 49 PageID #:
`9845
`
`
`
`See also e.g., id. at ¶ 38 (“The present cell phone/PDA/GPS device to
`create the communication network where all of the participants have
`the same communication device described herein also includes the
`ability of a specific operator device to provide polling in which other
`cellular phones using SMS, internet or WiFi report periodically . . .
`The operator can manually poll any or all of the cell phone devices
`that are used by all of the participants in the communication network
`having the same device as described herein for the invention. The
`receiving cellular phone application code responds to the polling
`device with the receiving cellular phone’s location and status which
`could include battery level, GPS status, signal strength, and entered
`track data.”).
`See also e.g., id. at FIG. 1, ¶ 23 (“The bottom right side of the display
`16c is a multifunction insert area that can contain a variety of
`information including: . . . applicable status information.”).
`See also e.g., id. at ¶ 32 (“[E]ach of the network units reports its
`identity, location and status to the other participant’s device.”).
`
`
`
`7
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 9 of 49 PageID #:
`9846
`
`[2.d] a forced
`message alert
`software
`application
`program
`including a list of
`required possible
`responses to
`be selected by a
`participant
`recipient of a
`forced message
`response loaded
`on each
`participating
`PDA/cell phone;
`
`See also e.g., id. at ¶ 44 (“Referring now to FIG. 3, a flow chart is
`shown of the activities provided in the present invention and the
`methodology.”), FIG. 3 (“Provide a database having a list of
`participants and corresponding cellphone numbers; Provide software
`that permits the exchange of GPS position data, messages,
`photographs and videos.”).
`Beyer ’612 discloses and renders obvious a forced message alert
`software application program including a list of required possible
`responses to be selected by a participant recipient of a forced message
`response loaded on each participating PDA/cell phone.
`
`See e.g., Beyer ‘612 at Abstract (“A cellular, PDA communication
`device and communication system for allowing a plurality of cellular
`phone users to monitor each other’s locations and status, to initiate
`cellular phone calls by touching a symbol on the touch screen
`display.”).
`See also e.g., id. at ¶ 2 (“A communications system is generally
`comprised of three basic elements: transmitter, information channel,
`and receiver.”).
`See also e.g., id. at ¶ 3 (“Digital Smart Message Service (SMS) and
`TCP/IP messages can be transmitted using cellular technology such as
`various versions of GSM and CDMA or via a WiFi local area network
`. . . Another implementation permits the cellular phone users to also
`view the location of other GPS equipped units.”).
`See also e.g., id. at ¶ 21 (“[T]he present invention is shown generally
`at 10 that includes a small handheld cellular phone that includes a
`personal digital assistant (PDA) and a global positioning system
`receiver (GPS) communications device in housing 12 that includes . . .
`an LCD display 16.”).
`See also e.g., id. at ¶ 21 (“The GPS system including a receiver in
`housing 12 is capable of determining the latitude and longitude and
`through SMS, TCP/IP, WiFi or other digital messaging software, to
`also transmit this latitude and longitude information of housing 12 to
`other cellular phones in the communication network via cellular
`communications, WiFi or radio.”
`See also e.g., id. at ¶ 1 (“This invention generally relates to an
`integrated communications system using a plurality of
`cellular/PDA/GPS phones for the management of a group of people
`through the use of a communications net, and specifically to provide
`each user with a cellular/PDA/GPS/phone that has software
`
`
`
`8
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 10 of 49 PageID #:
`9847
`
`application programs and databases that permit all users to
`continuously know each other’s locations and status.”).
`See also e.g., id. at FIG. 4, ¶ 48 (“In FIG. 4, information flow
`associated with the communications cellular phone system of the
`present invention is shown. The satellites 40 provide global
`positioning system (GPS) signals to each of the cellular phones 42,
`44, 46, and 48 distributed throughout the communication area. Each
`of the cellular phones 42, 44, 46 and 49 automatically transmit each
`location data over the internet communications 52 that is provided by
`the cellular phone company. The data is sent to the command
`communication website server 54 which subsequently retransmits the
`data to all other common communication units or if specifically
`addressed data is received to the addressed specific communication
`unit such as cellular phones 42, 44, 46, and 48.”) (“Another method
`for shifting between high speed and internet is as follows. . . instead
`of sending the SMS messages to the other participants, the phone
`transmits the data in GPRS/EDGE/1XEVDO or WiFi to all the other
`participants. Location, status and text data from the other participants
`is then retransmitted by the Server to the phone in SMS.”).
`
`
`
`
`9
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 11 of 49 PageID #:
`9848
`
`
`
`See also e.g., id. at ¶ 38 (“The present cell phone/PDA/GPS device to
`create the communication network where all of the participants have
`the same communication device described herein also includes the
`ability of a specific operator device to provide polling in which other
`cellular phones using SMS, internet or WiFi report periodically . . .
`The operator can manually poll any or all of the cell phone devices
`that are used by all of the participants in the communication network
`having the same device as described herein for the invention. The
`receiving cellular phone application code responds to the polling
`device with the receiving cellular phone’s location and status which
`could include battery level, GPS status, signal strength, and entered
`track data.”).
`See also e.g., id. at FIG. 1, ¶ 23 (“The bottom right side of the display
`16c is a multifunction insert area that can contain a variety of
`information including: . . . applicable status information.”).
`See also e.g., id. at ¶ 32 (“[E]ach of the network units reports its
`identity, location and status to the other participant’s device.”).
`
`
`
`10
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 12 of 49 PageID #:
`9849
`
`See also e.g., id. at Claim 11:
`11. A method of providing a PDA cellular phone communication
`network for designating participating users displayed symbolically on
`a geographical map, each user having a similarly equipped cellular
`phone that includes CPU, GPS navigational system symbol generator
`and a touch screen display comprising the steps of:
`providing symbols on said display touch screen representing other
`participants having similar cellular phones forming a communication
`network;
`selectively polling position and status information from one user
`among all of the other users equipped with the cellular
`phone/PDA/GPS system and its associated software and displaying
`the user's symbol on the map display at the correct location;
`providing rapid voice call initiation to the users of the cellular
`phone/PDA/GPS navigational system using a touch screen and the
`users' symbols;
`providing rapid transmission of free, operator selected text messages,
`photographs and video to another cellular phone using the touch
`screen; and
`generating a display that indicates a selected symbol's velocity upon
`activation of a particular velocity switch.
`Beyer ’612 discloses and renders obvious means for attaching a
`forced message alert software packet to a voice or text message
`creating a forced message alert that is transmitted by said sender
`PDA/cell phone to the recipient PDA/cell phone; said forced message
`alert software packet containing a list of possible required responses
`and requiring the forced message alert software on said recipient
`PDA/cell phone to transmit an Automatic acknowledgment to the
`sender PDA/cell phone as soon as said forced message alert is
`received by the recipient PDA/cell phone.
`
`See also e.g., id. at FIG. 4, ¶ 48 (“In FIG. 4, information flow
`associated with the communications cellular phone system of the
`present invention is shown. The satellites 40 provide global
`positioning system (GPS) signals to each of the cellular phones 42,
`44, 46, and 48 distributed throughout the communication area. Each
`of the cellular phones 42, 44, 46 and 49 automatically transmit each
`location data over the internet communications 52 that is provided by
`the cellular phone company. The data is sent to the command
`communication website server 54 which subsequently retransmits the
`
`11
`
`[2.e] means for
`attaching a
`forced message
`alert software
`packet to a voice
`or text message
`creating a forced
`message alert
`that is
`transmitted by
`said sender
`PDA/cell phone
`to the recipient
`PDA/cell phone,
`said forced
`message alert
`software packet
`containing a list
`of possible
`
`
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 13 of 49 PageID #:
`9850
`
`data to all other common communication units or if specifically
`addressed data is received to the addressed specific communication
`unit such as cellular phones 42, 44, 46, and 48.”) (“Another method
`for shifting between high speed and internet is as follows. . . instead
`of sending the SMS messages to the other participants, the phone
`transmits the data in GPRS/EDGE/1XEVDO or WiFi to all the other
`participants. Location, status and text data from the other participants
`is then retransmitted by the Server to the phone in SMS.”).
`
`
`required
`responses and
`requiring the
`forced message
`alert software on
`said recipient
`PDA/cell
`phone to transmit
`an Automatic
`acknowledgment
`to the sender
`PDA/cell phone
`as soon as said
`forced message
`alert is received
`by the recipient
`PDA/cell phone;
`
`
`
`See also e.g., id. at ¶ 38 (“The present cell phone/PDA/GPS device to
`create the communication network where all of the participants have
`the same communication device described herein also includes the
`ability of a specific operator device to provide polling in which other
`cellular phones using SMS, internet or WiFi report periodically . . .
`The operator can manually poll any or all of the cell phone devices
`that are used by all of the participants in the communication network
`having the same device as described herein for the invention. The
`receiving cellular phone application code responds to the polling
`
`
`
`12
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 14 of 49 PageID #:
`9851
`
`[2.f] means for
`requiring a
`required manual
`response
`from the
`response list
`by the recipient
`in order to clear
`recipient’s
`response
`list from
`recipient’s cell
`phone display;
`
`device with the receiving cellular phone’s location and status which
`could include battery level, GPS status, signal strength, and entered
`track data.”).
`See also e.g., id. at FIG. 1, ¶ 23 (“The bottom right side of the display
`16c is a multifunction insert area that can contain a variety of
`information including: . . . applicable status information.”).
`See also e.g., id. at ¶ 32 (“[E]ach of the network units reports its
`identity, location and status to the other participant’s device.”).
`Beyer ’612 discloses and renders obvious means for requiring a
`required manual response from the response list by the recipient in
`order to clear recipient’s response list from recipient’s cell phone
`display.
`
`See also e.g., id. at ¶ 38 (“The present cell phone/PDA/GPS device to
`create the communication network where all of the participants have
`the same communication device described herein also includes the
`ability of a specific operator device to provide polling in which other
`cellular phones using SMS, internet or WiFi report periodically . . .
`The operator can manually poll any or all of the cell phone devices
`that are used by all of the participants in the communication network
`having the same device as described herein for the invention. The
`receiving cellular phone application code responds to the polling
`device with the receiving cellular phone’s location and status which
`could include battery level, GPS status, signal strength, and entered
`track data.”).
`See also e.g., id. at FIG. 1, ¶ 23 (“The bottom right side of the display
`16c is a multifunction insert area that can contain a variety of
`information including: . . . applicable status information.”).
`See also e.g., id. at ¶ 32 (“[E]ach of the network units reports its
`identity, location and status to the other participant’s device.”).
`
`See also e.g., id. at ¶ 37 (“Thus, the operator device is capable of
`initiating a cellular phone call by touch only, and initiating conference
`calls by touching the geo-referenced map symbols. Furthermore,
`using a similar symbol touching technique cellular phone “one's”
`application code can send operator selected messages to cause a
`remote cellular phone to display and optionally announce emergency
`and other messages and to optionally elicit a response from the remote
`cellular phone.”)
`
`See also e.g., id. at ¶ 46 (“Another important feature of the present
`invention is that the operator of cellular phone “one” can, by touching
`
`
`
`13
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 15 of 49 PageID #:
`9852
`
`a switch on the display, send a digital message to all the PDA/cellular
`phones in the communications net or to designated cellular phone(s),
`represented by their symbols on the geographic displays, an
`emergency or other preformatted message which may or may not
`require a response and may or may not cause a verbal announcement,
`cause the phone to vibrate or buzz, or cause another alert. When
`received, the software in the remote cellular phone causes the remote
`cellular phone to initiate an audio or another alert to the cellular phone
`user that there is an emergency (or another message) and may or may
`not indicate that he should call the initiator immediately. This is
`accomplished by the message sent from cellular phone “one” to the
`software in the remote cellular phone(s).”)
`
`See also e.g., id. at ¶ 47 (“In summary, the present invention provides
`for expeditious data exchange and cellular phone and WiFi calls to
`one or more users by merely touching the display screen location of a
`remote cellular phone user's symbol to initiate the call. The same
`pointing at geo-referenced symbols method is used to send free text,
`pre-formatted messages, photographs and video. Another method of
`establishing communications is to assign the participating user units to
`a net and then select the net to establish the call. Other features
`include conference calling by using a stylus or finger to sequentially
`hook symbols or select nets, to rapidly send emergency and other
`preformatted messages, and to cause remote phones to annunciate
`various pre-established messages, execute text to speech software,
`increase its volume level, vibrate, and show pre-entered photographs
`or videos. Furthermore, the cell phone/PDA operator can access fixed
`facilities' web sites or send them E-mail messages by using the same
`concept of hooking their geo-referenced map symbols and then using
`soft switches to automatically go to their web site or to automatically
`fill in their E-mail address in an e-mail.”)
`Beyer ’612 discloses and renders obvious means for receiving and
`displaying a listing of which recipient PDA/cell phones have
`automatically acknowledged the forced message alert and which
`recipient PDA/cell phones have not automatically acknowledged the
`forced message alert.
`
`See Beyer ’612 at FIG. 4, ¶ 48 (“In FIG. 4, information flow
`associated with the communications cellular phone system of the
`present invention is shown. The satellites 40 provide global
`positioning system (GPS) signals to each of the cellular phones 42,
`44, 46, and 48 distributed throughout the communication area. Each
`of the cellular phones 42, 44, 46 and 49 automatically transmit each
`location data over the internet communications 52 that is provided by
`the cellular phone company. The data is sent to the command
`communication website server 54 which subsequently retransmits the
`
`14
`
`[2.g] means for
`receiving and
`displaying a
`listing of which
`recipient
`PDA/cell phones
`Have
`automatically
`acknowledged
`the forced
`message alert
`and which
`recipient
`PDA/cell phones
`have not
`
`
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 16 of 49 PageID #:
`9853
`
`automatically
`acknowledged
`the forced
`message alert;
`
`data to all other common communication units or if specifically
`addressed data is received to the addressed specific communication
`unit such as cellular phones 42, 44, 46, and 48.”) (“Another method
`for shifting between high speed and internet is as follows. . . instead
`of sending the SMS messages to the other participants, the phone
`transmits the data in GPRS/EDGE/1XEVDO or WiFi to all the other
`participants. Location, status and text data from the other participants
`is then retransmitted by the Server to the phone in SMS.”).
`
`
`
`
`See also e.g., id. at ¶ 38 (“The present cell phone/PDA/GPS device to
`create the communication network where all of the participants have
`the same communication device described herein also includes the
`ability of a specific operator device to provide polling in which other
`cellular phones using SMS, internet or WiFi report periodically . . .
`The operator can manually poll any or all of the cell phone devices
`that are used by all of the participants in the communication network
`having the same device as described herein for the invention. The
`receiving cellular phone application code responds to the polling
`
`
`
`15
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 17 of 49 PageID #:
`9854
`
`device with the receiving cellular phone’s location and status which
`could include battery level, GPS status, signal strength, and entered
`track data.”).
`See also e.g., id. at FIG. 1, ¶ 23 (“The bottom right side of the display
`16c is a multifunction insert area that can contain a variety of
`information including: . . . applicable status information.”).
`See also e.g., id. at ¶ 32 (“[E]ach of the network units reports its
`identity, location and status to the other participant’s device.”).
`See also e.g., id. at ¶ 44 (“Referring now to FIG. 3, a flow chart is
`shown of the activities provided in the present invention and the
`methodology.”), FIG. 3 (“Provide a database having a list of
`participants and corresponding cellphone numbers; Provide software
`that permits the exchange of GPS position data, messages,
`photographs and videos.”).
`Beyer ’612 discloses and renders obvious means for periodically
`resending said forced message alert to said recipient PDA/cell phones
`that have not automatically acknowledged the forced message alert.
`
`See, e.g., 2.e, 2.g above.
`
`Beyer ’612 discloses and renders obvious means for receiving and
`displaying a listing of which recipient PDA/cell phones have
`transmitted a manual response to said forced message alert and details
`the response from each recipient PDA/cell phone that responded.
`
`See, e.g., 2.e, 2.g, 2.h above.
`
`See also e.g., id. at ¶ 37 (“Thus, the operator device is capable of
`initiating a cellular phone call by touch only, and initiating conference
`calls by touching the geo-referenced map symbols. Furthermore,
`using a similar symbol touching technique cellular phone “one's”
`application code can send operator selected messages to cause a
`remote cellular phone to display and optionally announce emergency
`and other messages and to optionally elicit a response from the remote
`cellular phone.”)
`
`See also e.g., id. at ¶ 46 (“Another important feature of the present
`invention is that the operator of cellular phone “one” can, by touching
`
`[2.h] means for
`periodically
`resending said
`forced message
`alert to said
`recipient
`PDA/cell
`phones that have
`not automatically
`acknowledged
`the forced
`message alert;
`[2.i] and means
`for receiving and
`displaying a
`listing of which
`recipient
`PDA/cell phones
`have transmitted
`a manual
`response to
`said forced
`message alert
`and details the
`response from
`each recipient
`PDA/cell phone
`that responded.
`
`
`
`16
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 122-14 Filed 09/07/23 Page 18 of 49 PageID #:
`9855
`
`a switch on the display, send a digital message to all the PDA/cellular
`phones in the communications net or to designated cellular phone(s),
`represented by their symbols on the geographic displays, an
`emergency or other preformatted message which may or may not
`require a response and may or may not cause a verbal announcement,
`cause the phone to vibrate or buzz, or cause another alert. When
`received, the software in the remote cellular phone causes the remote
`cellular phone to initiate an audio or another alert to the cellular phone
`user that there is an emergency (or another message) and may or may
`not indicate that he should c