Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 1 of 64 PageID #: 12724
`Case 5:19-cv-00036—RWS Document 348-14 Filed 06/18/20 Page 1 of 64 PageID #: 12724
`
`EXHIBIT 31
`
`EXHIBIT 31
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 2 of 64 PageID #: 12725
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`Invalidity of U.S. Patent No. 6,430,498
`by
`The Cyberguide System ( the “Cyberguide”)
`
`and
`
`Sue
`
`Long,
`
`
`U.S. Patent No. 6,430,498 (the “’498 Patent”) was filed July 11, 2000 and issued August 6, 2002. The ’498 Patent claims priority to
`JP11-197010, filed July 12, 1999. For the purposes of these invalidity contentions, Defendant applies the July 12, 1999 priority date
`for the ’498 Application. However, Defendant reserves the right to contest Plaintiff’s reliance on the July 12, 1999 priority date should
`the priority date become an issue in this proceeding.
`
`The excerpts cited herein are exemplary. For any claim limitation, Defendant may rely on excerpts cited for any other limitation and/or
`additional excerpts not set forth fully herein to the extent necessary to provide a more comprehensive explanation for a reference’s
`disclosure of a limitation. Where an excerpt refers to or discusses a figure or figure items, that figure and any additional descriptions
`of that figure should be understood to be incorporated by reference as if set forth fully therein.
`
`Except where specifically noted otherwise, this chart applies the apparent constructions of claim terms as used by Plaintiff in its
`infringement contentions; such use, however, does not imply that Defendant adopts or agrees with Plaintiff’s constructions in any way.
`
`Upon information and belief, the Cyberguide system was made publicly available at least as early as September of 1996. The features
`and functionalities of the Cyberguide system are described in the following printed publications:
`
`
`• Abowd, Gregory D., A Mobile Context-Aware Tour Guide, Baltzer Journals (September 23, 1996) (“Abowd”)
`• Long, Sue, Cyberguide: Prototyping Context-Aware Mobile Applications, Future Computing Environments,
`https://www.cc.gatech.edu/fce/cyberguide/pubs/chi96-cyberguide.html (“Cyberguide Prototyping”)
`• CyBARguide
`Project
`Notes
`by
`Mike
`Pinkerton,
`Gregory
`Abowd,
`https://www.cc.gatech.edu/fce/cyberguide/cybarguide/CyBARguide.html (“CyBARguide”)
`
`
`Because the Cyberguide product itself was known and used by others prior to the ‘498 Patent’s priority date, it constitutes prior art
`under 35 U.S.C. § 102(a) (pre-AIA). Defendant reserves the right to supplement its theories with additional discovered details
`describing the features and functionalities of the Cyberguide product that were known or used by others prior to the ‘498 Patent’s
`priority date. Additionally, because Abowd published on September 23, 1996, it independently constitutes prior art under 35 U.S.C. §
`102(b) (pre-AIA).
`
`
`
`
`1
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 3 of 64 PageID #: 12726
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`U.S. Patent No. 6,067,502 to Hayashida et al. (“Hayashida”) was filed on August 21, 1997 and issued on May 23, 2000 and therefore
`qualifies as prior art to the ’498 patent under 35 U.S.C. § 102(e) (pre-AIA).
`
`U.S. Patent No. 5,781,150 to Norris (“Norris”) was filed on October 13, 1995 and issued on July 14, 1998 and therefore qualifies as
`prior art with regard to the ’498 patent under 35 U.S.C. § 102(e) (pre-AIA).
`
`JPH08-285613 to Akiyama (“Akiyama”) published on November 1, 1996. Akiyama therefore qualifies as prior art with regard to the
`’498 patent under 35 U.S.C. § 102(b) (pre-AIA).
`
`JPH10-197277 to Maruyama et al. (“Maruyama”) published on July 31, 1998 and therefore qualifies as prior art with regard to the
`’498 Patent under 35 U.S.C. § 102(a) (pre-AIA).
`
`USRE42,927 to Want et al. (“Want”) reissued from U.S. Patent No. 6,122,520 which was filed on February 13, 1998 and issued on
`September 19, 2000. Therefore, Want is prior art to the ’498 Patent under 35 U.S.C. § 102(e) (pre-AIA).
`
`PCT Application US98/17237 (WO 99/09374) to Knockeart et al. (“Knockeart”) filed on August 19, 1997 and was published February
`25, 1999 and therefore qualifies as prior art with regard to the ’498 patent under at least 35 U.S.C. § 102(a) and (e) (pre-AIA).
`
`JPH09-311625 to Ikdea (“Ikeda”) published December 2, 1997 and therefore qualifies as prior art with regard to the ’498 Patent under
`35 U.S.C. § 102(b) (pre-AIA).1
`
`JPH05-264711 (“the ’711 Patent”) published on October 12, 1993 and therefore qualifies as prior art with regard to the ’498 patent
`under 35 U.S.C. § 102(b) (pre-AIA).2
`
`The Cyberguide (or the Cyberguide in view of Want) renders Claim 5, 8-11, and 13 obvious under 35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Hayashida/Akiyama/the ’711 Patent renders Claim 1, 4, 5, 8-11, and
`13 obvious under 35 U.S.C. § 103.
`
`
`English translation.
`
`
`1 Defendant relies on a machine translation of this foreign reference, but will supplement these contentions upon receipt of a certified
`English translation.
`2 Defendant relies on a machine translation of this foreign reference, but will supplement these contentions upon receipt of a certified
`
`2
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 4 of 64 PageID #: 12727
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`
`
`U.S. Patent No. 6,430,498
`Claim 1
`
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Hayashida/Akiyama/the ’711 Patent in further view of
`Norris/Maruyama/Ikeda/the ’711 Patent renders Claims 3, 7, and 13 obvious under 35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart in further view of Hayashida/Akiyama/the ’711
`Patent renders Claim 4, 9, 10, 11, and 13 obvious under 35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Norris/Maruyama/Ikeda/the ’711 Patent renders Claims 7 and 13
`obvious under 35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart renders Claims 9, 10, 11, and 13 obvious under
`35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Maruyama/Ikeda/the ’711 Patent renders Claim 11 obvious under 35
`U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart in further view of Maruyama/Ikeda/the ’711
`Patent renders Claim 11 obvious under 35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Hayashida/Akiyama/the ’711 Patent in further view of
`Maruyama/Ikeda/the ’711 Patent renders Claim 11 obvious under 35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart in view of Hayashida/Akiyama/the ’711 Patent
`in further view of Maruyama/Ikeda/the ’711 Patent renders Claim 11 obvious under 35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart in further view of Norris/Maruyama/Ikeda/the
`’711 Patent renders Claim 13 obvious under 35 U.S.C. § 103.
`
`The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart in view of Hayashida/Akiyama/the ’711 Patent
`in further view of Norris/Maruyama/Ikeda/the ’711 Patent renders Claim 13 obvious under 35 U.S.C. § 103.
`
`
`the Cyberguide
`
`3
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 5 of 64 PageID #: 12728
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`
`
`1[P]. A portable terminal with
`the
`function of walking
`navigation, comprising:
`
`
`The Cyberguide is a portable terminal with the function of walking navigation.
`
`
`Future computing environments will free the user from the constraints of the
`desktop. Applications for a mobile environment should take advantage of
`contextual information, such as position, to offer greater services to the user.
`In this paper, we present the Cyberguide project, in which we are building
`prototypes of a mobile context-aware tour guide. Knowledge of the user’s
`current the location, as well as a history of past the location, as used to provide
`more of the kind of services that we come to expect from a real tour guide. We
`describe the architecture and features of a variety of Cyberguide prototypes
`developed for indoor and outdoor use on a number of different hand-held
`platforms. We also discuss the general research issues that have emerged in
`our context-aware applications development in a mobile environment.
`Abowd at 1; see also id. at 2.
`
`
`This section outlines some possible uses for future mobile context-aware
`applications. Some of these uses are currently being implemented and some are
`futuristic. We begin with our initial assumptions about what technology we
`expect Cyberguide to use. Tourists are usually quite happy to carry around a
`book that describes the location they are visiting, so a reasonable packaging
`would be in the form of a hand-held device. The ideal hand-held device will
`have a screen and pen/finger interface, access to substantial storage resources
`|possibly through an internal device such as a CD drive, or through substantial
`communication and networking resources (cell phone, pager, data radio
`interface) providing access to other storage servers (such as the Web)| an audio
`input and output interface with speech generation and potentially sophisticated
`voice recognition, and a video input and output interface.
`Abowd at p. 3.
`
`
`One major application of mobile context-aware devices are personal guides.
`Museums could provide these devices and allow users to take personalized
`tours seeing any exhibits desired in any order, in contrast to today's taped tours.
`In fact, many museums now provide portable devices for just such a purpose,
`
`4
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`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 6 of 64 PageID #: 12729
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`but what we are envisioning is a device that would allow the tourist to go
`anywhere she pleases and be able to receive information about anywhere she
`is. Walking tours of cities or historical sites could be assisted by these electronic
`guidebooks. The hand-held devices could use position measurement systems
`such as indoor beacons or the Global Positioning System (GPS) to locate the
`user, and an electronic compass or inertial navigation system to find user
`orientation.
`Abowd at 3.
`
`To the extent this limitation is governed by 35 U.S.C. § 112(6), and based on Defendant’s
`understanding of Plaintiff’s infringement contentions, the Cyberguide includes a device (i.e., the
`CPU of the Apple Message Pad with Newton Operating System, a GPS, and an IR-beacon system)
`that performs the claimed function of getting the location information denoting a present place of
`said portable terminal.
`
`
`The hand-held devices could use position measurement systems such as indoor
`beacons or the Global Positioning System (GPS) to locate the user, and an
`electronic compass or inertial navigation system to find user orientation.
`Objects of interest could be marked with visual markers or active beacons or
`recognized using computer vision.
`Id. at 3.
`
`In thinking about and developing a the location-aware application, we were
`greatly influenced by work such as the PARCTab at XeroxPARC [14], the
`InfoPad project at Berkeley [7], the Olivetti Active Badge system [14] and the
`Personal Shopping Assistant proposed at AT&T [3]. We wanted to build useful
`applications that might take advantage of the hardware developed in the
`PARCTab and InfoPad projects. We did not want to build our own hardware,
`so we have a different focus from all of these projects. There are a number of
`commercially available and relatively inexpensive hand-held units that would
`suffice for our purposes, such as the Apple MessagePad with the Newton
`Operating System,a MagicCap machine or a pen-based palmtop/tablet PC. We
`chose to work initially with the Apple MessagePad 100 with Newton 1.3 and
`
`5
`
`[1(a)] a device for getting
`location information denoting
`a present place of said portable
`terminal; and
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 7 of 64 PageID #: 12730
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`pen-based PCs running Windows for Pen Computing 1.0. Each platform was
`available for $ 150-500 with relatively powerful development environments.
`This low cost of hardware was critical to the success of Cyberguide because it
`made it possible to put a number of units in the hands of many students, all with
`different ideas that they were allowed to investigate.
`Abowd at 3-4.
`
`
`5.4 Position Component
`
`Position is the obvious starting point for a context-aware mobile device. We
`considered several methods for sensing the user the location. Outdoors,
`continuous services, such as GPS, can be used. Indoors, however, GPS signals
`are weak or not available.
`Abowd at 8.
`
`
`One solution for an indoor positioning system was to use infrared (IR). Our
`first positioning system was based on using TV remote control units as active
`beacons, and using a special IR receiver tuned to the carrier frequency (~
`40kHz) of those beacons (Figure 3). A microcontroller (Motorola 68332)
`interfaced the IR receiver to the serial port of the Apple MessagePad. We
`deployed an array of remote controls hanging from the ceiling (Figure 3 right),
`each remote control acting as a position beacon by repeatedly beaming out a
`unique pattern. The 68332 translates the IR pattern into a unique cell identifier
`that is sent to the Apple MessagePad's serial port. As the tourist moves around
`the room and passes into the range of a new cell, the position (indicated by an
`arrowhead) is updated on the map. Keeping track of the last recorded cell the
`location provides a good guess as to the location the tourist is heading, so we
`indicate an assumed orientation by pointing the position icon accordingly.
`Abowd at 9.
`
`
`
`
`6
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 8 of 64 PageID #: 12731
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`
`
`
`
`Figure 3: IR positioning prototype (left) and the array of positioning beacons
`in the GVU Lab (right).
`Abowd at 9.
`
`
`8.5 Use of Vision
`
`In the extreme case, we can think of a communion between the physical and
`electronic worlds, as suggested by work in augmented reality. Replace the
`hand-held unit with a pair of goggles and as the user wanders around,
`information about certain exhibits can be summoned up and overlaid on top of
`the actual image. Vision techniques can be used to augment the positioning
`system to inform the system and tourist what the tourist is looking at. We have
`experimented with vision systems as an extension to Cyberguide. Ultimately,
`we want to move to ward personalized vision systems.
`
`8.6 Ubiquitous Positioning System
`
`Our current prototypes are exclusively indoor or outdoor, not both. This is
`mainly because we had no one positioning system that worked in both
`conditions. GPS is unreliable indoors and the IR-based beacon system is
`impractical for us to implement outdoors. We intend to integrate both
`positioning systems into one application, to allow a tourist to wander in and
`out of buildings and have Cyberguide automatically switch the positioning
`system.
`
`7
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 9 of 64 PageID #: 12732
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`
`
`Abowd at 19.
`
`
`The map is the view the visitor is using to navigate. Visualizing and
`manipulating the map dominates the user interface of Cyberguide. It can be
`viewed at varying levels of detail and scrolled around. The visitor is indicated
`by location and orientation on the map (the arrowhead in Figure 1) and various
`demonstrations are also marked (as stars in Figure 1).
`Cyberguide Prototyping at p. 3
`
`
`The positioning component provides constantly updated information on the
`location and orientation of the tourist. Our current prototype implements
`indoor positioning via a collection of TV remote control beacons broadcasting
`separate location IDs. When within range of a beacon, a custom IR transceiver
`unit (consisting of a separate IR sensor and a Motorola 68332 processor
`connected via serial port to the Newton) translates the ID into a map location
`and orientation. the additional processor unit allows for further customized
`extensions to the positioning system, such as an electronic compass. Optionally,
`we could use the built-in Newton IR transceiver coupled with individual Newton
`beacons. This option requires no additional hardware, but is less flexible.
`Cyberguide Prototyping at p. 3.
`
`
`Our positioning system gives you fairly accurate readings, but you are still off
`by a block or so from your actual position. We have a few suggestions as to how
`to correct this delta. First, you could try to allow the user to modify or correct
`your current position, adding a delta factor to the latitude and longitude read
`in from the GPS unit. In addition you could try getting futher latitude and
`longitude from other NMEA formats. We are using the most frequently occuring
`encoding, there are however several other formats we are recieving from the
`GPS unit, but ignoring. There may be additional information in these other
`formats that may more accurately report our current position.
`CyBARguide at p. 3.
`
`
`8
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 10 of 64 PageID #: 12733
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`It would have been obvious to a PHOSITA to modify the Cyberguide to integrate both an IR
`positioning system and GPS positioning system into a single portable terminal. A PHOSITA would
`have been motivated to integrate both positioning systems, expressly suggested by the Cyberguide
`in order to allow the device to function both indoors and outdoors. A PHOSITA would have a
`reasonable expectation of success in modifying the Cyberguide to include both a GPS and an IR
`positioning system because of the modularity of the portable terminal taught by the Cyberguide.
`Accordingly, such a modification would not have required undue experimentation and would have
`yielded predictable results.
`
`
`The utility of this architectural decomposition for Cyberguide is that it provides
`an extensible and modular approach to system development. It is extensible
`because we can always add further services. For example, we have considered
`adding an historian whose purpose is to document where the tourist has been
`and what her reactions were to the things she saw. It is modular because it has
`allowed us to change the implementation of one component of the system with
`minimal impact on the rest of the system. For example, we have implemented
`different versions of the navigator and the librarian without having to alter the
`other components. Of course, these components are related in some ways; for
`instance, position information ultimately has to be translated into a location on
`the physical map. Defining standard interfaces between the components is the
`means by which we achieve separation between and coordination among the
`various components.
`Abowd at p. 6, see also id. at p. 7-8, and p. 10.
`
`Alternatively, it would have been obvious to a PHOSITA to modify the Cyberguide to include the
`IR beacon system taught by Want in addition to a GPS and CPU for performing the function of
`getting location information denoting a present place of said portable terminal.
`
`
`A location information system uses a positioning system, such as the civilian
`Navstar Global Positioning System (GPS), in combination with a distributed
`network. The location information system includes a radio transceiver for
`communicating to the distributed network and a GPS receiving system. The
`GPS receiving system receives a signal from the GPS and converts it into a
`
`9
`
`
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 11 of 64 PageID #: 12734
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`coordinate entry. The coordinate entry is transmitted to the distributed network
`for retrieval of corresponding location specific information. The location
`specific information may reside on a web page. The coordinate entry may be
`incorporated into the web page address that supports the coordinate entry or
`linked to an existing web page associated with the coordinate entry. The web
`page and associated information is displayed. Bar code labels, infrared
`beacons and other labeling systems may also be used in the location
`information system in place of or in addition to the GPS receiving system to
`supply location identification information.
`Want at Abstract.
`
`
`FIG. 1 shows one embodiment of a location information system 100. As seen
`in FIG. 1, the location information system 100 includes a computer or personal
`(PDA) 110,
`receiver 120 and
`digital
`assistant
`a GPS
`a
`radio
`transmitter/receiver, e.g., transceiver 130. The GPS receiver 120 receives
`signals from three or more GPS transmitters 200 and converts the signals to a
`specific latitude and longitude (and in some cases altitude) coordinate entry, as
`described above. The GPS receiver 120 provides the coordinate entry to the
`computer 110 and
`transceiver 130transmits
`the
`the coordinate entry,
`preferably via a radio network, to a predetermined node 300 or other node on
`a distributed network 305. Alternatively, the coordinate entry is transmitted to
`the distributed network 305 over a wired connection to the computer 110 (not
`shown).
`
`Information associated with the coordinate entry defining a specific location is
`then transmitted to the computer 110 via the transceiver 130 (i.e., by either a
`radio network or other wireless or wire communication link) and displayed on
`the display 140. Information about various locations is organized and stored
`on the distributed network 305 and is preferably organized as “web pages.”
`The web pages or pointers to them are preferably stored on the predetermined
`node 300 of the distributed network 305. However, the web pages may also be
`stored at various other nodes on the distributed network 305 and may be
`associated with one or more coordinate entries corresponding to physical
`
`10
`
`
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 12 of 64 PageID #: 12735
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`locations. The web pages may have, for example, an already existing URL, e.g.,
`a proprietary pre-existing URL. Alternatively, coordinate information may be
`incorporated into an existing URL to form a unique URL. Further, the
`coordinate entry may also be the entire URL of the web pages. A client, either
`local or remote, may access the web pages preferably via a server on the
`predetermined node 300 of the distributed network 305.
`Want at 4:3-35
`
`The radio transceiver 130 of the location information system 100 is preferably
`a cellular modem radio. The radio transceiver 130 may work with a Ricochet™
`Wireless Network system manufactured by Metricom, Inc. The Ricochet™
`Wireless Network is a wide-area wireless system using spread-spectrum packet
`switching data technology operating in the 902-928 MHz RF spectrum. The
`radio transceiver 130 may also comprise other systems, such as a cellular
`digital packet data (CDPD) type radio transceiver.
`Want at 5:29-37
`
`It should be appreciated that the GPS receivers 120 need to receive signals
`from the GPS transmitters 200. Thus, if the signals are blocked, the GPS
`receiver 120may not be able to determine the coordinate entry. In order to
`avoid this problem, other techniques for providing a coordinate entry may be
`used by the location information system 100. These techniques may include, for
`example, printed ID labels (e.g., bar codes, vericodes, and other similar labels),
`infrared beacons or RF tags).
`
`FIG. 4 shows an embodiment of the location information system 100 using bar
`code labels to obtain location information. Other coding systems, such as the
`Vericode system, two-dimensional bar coding system and the like, are also
`contemplated for use with the present invention. In the embodiment of FIG. 4,
`a bar code label 212 may be placed on or in a building 210 or other location
`of interest. In preferred embodiments, the bar code label 212 encodes either the
`same longitudinal and latitudinal information that would be obtained from the
`GPS system or may directly encode a unique URL. The computer 110 also has,
`
`11
`
`
`
`
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`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 13 of 64 PageID #: 12736
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`in place of or in addition to the GPS receiver 120, a bar code scanner 160 for
`scanning and decoding the bar code label 212. The bar code scanner 160 can
`be provided on a tether. The bar code scanner 160 reads the coordinate entry
`or unique URL from the bar code label 212. The coordinate entry or unique
`URL is transmitted to the distributed network 305 via the transceiver 130 and
`provided to the predetermined node 300, or to another node of the distributed
`network 305, and processes the location specific identification information as
`described above. The computer 110downloads the web page(s) associated with
`the coordinate entry or unique URL for displaying on the display 140.
`
`FIG. 5 shows an embodiment of the location information system 100 using as
`the location information source infrared beacons. Infrared beacons 220 may be
`used in a manner similar to the bar code labeling system described above.
`However, the infrared beacons 220 may be read from a much greater distance,
`and preferably approximately at least 25 feet. The IrDa standard can also be
`used, but a range of only approximately one meter may be obtained due to the
`limitations of such a system. The infrared beacons 220 are preferably placed
`on or in a building 210 or other location of interest. An IrDa or other
`interface 170, which is well known in the art, is provided on the
`computer 110 for
`infrared beacons 220. The
`sensing
`the
`infrared
`beacons 220 transmit either the coordinate entry or the unique URL that would
`otherwise be obtained from the bar code label 212. The information received
`from the infrared beacons 220 is used in the same manner as the information
`received from the bar codes 212. Additionally, radio frequency beacons could
`be used in place of the infrared beacons 220 to further extend the read distance.
`When using radio frequency beacons, the interface 170 is designed for the
`particular frequency and modulation techniques, well known in the art, used by
`the particular radio frequency beacons.
`Want at 6:15-7:3
`
`
`The control routine starts at step S100. At step S110,
`the GPS
`receiver 120receives signals from the GPS transmitters 200. Then, at step S120,
`a coordinate entry associated with the GPS signal is downloaded to the
`
`12
`
`
`
`
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`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 14 of 64 PageID #: 12737
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`
`
`computer 110 by the GPS receiver 120. Next, at step S130, the coordinate entry
`is transmitted to the distributed network 305 via the transceiver 130.
`Want at 7:44-51
`
`
`In preferred embodiments, the bar code labels and infrared beacons may also
`use the method as disclosed in FIG. 7. That is, the bar code labels and infrared
`beacons may provide the location information system 100 with signals that are
`converted to coordinate entries. Also, the infrared beacons may be substituted
`with radio beacons, as described above.
`
`As shown in FIGS. 1-6, the location information system 100 is preferably
`implemented on a programmed general purpose computer. However, the
`location information system can also be implemented on a special purpose
`computer, a programmed microprocessor or microcontroller and peripheral
`integrated circuit elements, an ASIC or other integrated circuit, a hardwired
`electronic or logic circuit such as a discrete element circuit, a programmable
`logic device such as a PLD, PLA, FPGA or PAL, or the like. In general, any
`device on which a finite state machine capable of implementing the flowcharts
`shown in FIGS. 7 and 8 can be used to implement the location information
`system 100.
`Further,
`it
`should
`be
`appreciated
`that
`the
`transceiver 130 connecting the predetermined node 300 and/or the distributed
`network 305 to the computer 110 can be a wired link to a network (not shown)
`as well as the illustrated wireless link. The predetermined node 300 and/or the
`distributed network 305 can be a local area network, a wide area network, an
`intranet, the Internet, or any other distributed processing and/or storage
`network. It may also be used with protocols such as the World Wide Web or any
`other protocol system. It is also appreciated from the above description that the
`predetermined node 300 and/or distributed network 305 can be either a local
`or remote node depending on a particular application.
`Want at 9:13-42; see also Figs. 1-6.
`
` A
`
` PHOSITA would have been motivated to modify the Cyberguide to include the IR beacon system
`taught by Want as use of an IR beacon system indoors is expressly contemplated by the Cyberguide.
`
`13
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 15 of 64 PageID #: 12738
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`
`
`And because Want can be implemented on any general purpose or special purpose computer,
`implementation on the modular system of the Cyberguide would have been straightforward, would
`not have required undue experimentation and would have yielded predictable results.
`
`To the extent this limitation is governed by 35 U.S.C. § 112(6), and based on Defendant’s
`understanding of Plaintiff’s infringement contentions, the Cyberguide includes a device (i.e., the
`CPU of the Apple Message Pad with Newton Operating System and internal compass) that
`performs the claimed function of getting direction information denoting an orientation of said
`portable terminal.
`
`
`Applications for a mobile environment should take advantage of contextual
`information, such as position, to offer greater services to the user. In this paper,
`we present the Cyberguide project, a series of prototypes of a mobile, hand-
`held context-aware tour guide. Initially, we are concerned with only a small
`part of the user's context, specifically the location and orientation.
`Abowd at 2.
`
`
`The long-term goal is an application that knows where the tourist is, what she
`is looking at, can predict and answer questions she might pose, and provide the
`ability to interact with other people and the environment. Our short-term goal
`was to prototype versions of Cyberguide on commercially available PDAs and
`pen-based PCs in which context-awareness simply meant the current physical
`position and orientation of the Cyberguide unit (and since it is hand-held, this
`locates the user as well).
`Id. at 2.
`
`
`The hand-held devices could use position measurement systems such as indoor
`beacons or the Global Positioning System (GPS) to locate the user, and an
`electronic compass or inertial navigation system to find user orientation.
`Objects of interest could be marked with visual markers or active beacons or
`recognized using computer vision.
`Id. at 3.
`
`
`14
`
`[1(b)] a device for getting
`direction
`information
`denoting an orientation of said
`portable terminal, wherein
`
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-14 Filed 06/18/20 Page 16 of 64 PageID #: 12739
`Defendant’s Invalidity Contentions
`Exhibit A11
`
`In thinking about and developing a the location-aware application, we were
`greatly influenced by work such as the PARCTab at XeroxPARC [14], the
`InfoPad project at Berkeley [7], the Olivetti Active Badge system [14] and the
`Personal Shopping Assistant proposed at AT&T [3]. We wanted to build useful
`applications that might take advantage of the hardware developed in the
`PARCTab and InfoPad projects. We did not want to build our own hardware,
`so we have a different focus from all of these projects. There are a number of
`commercially available and relatively inexpensive hand-held units that would
`suffice for our purposes, such as the Apple MessagePad with the Newton
`Operating System1,a MagicCap2 machine or a pen-based palmtop/tablet PC.
`We chose