DECLARATION OF DR. STEPHEN HEPPE IN SUPPORT OF INTER
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`PARTES REVIEW OF U.S. PATENT 8,717,166
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`PARTES REVIEW OF U.S. PATENT 8,717,166
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`TABLE OF CONTENTS
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`INTRODUCTION AND QUALIFICATIONS ................................................... 3
`I.
`STATE OF THE ART PRIOR TO 2005 .......................................................... 7
`II.
`III. PERSON OF ORDINARY SKILL IN THE ART (POSITA) ......................... 8
`IV. CLAIM CONSTRUCTION ............................................................................. 9
`V. THE LEGAL PRINCIPLE OF ANTICIPATION ......................................... 10
`VI. THE LEGAL PRINCIPLE OF OBVIOUSNESS .......................................... 10
`VII.
`SUMMARY OF PRIOR ART CONSIDERED .......................................... 11
`VIII. ANALYSIS OF ANTICIPATION AND OBVIOUSNESS FOR CLAIMS
`1-10, 13-16, AND 19-25 .......................................................................................... 33
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`I.
`1.
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`INTRODUCTION AND QUALIFICATIONS
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`I am over 18 years of age. I have personal knowledge of the facts
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`stated in this Declaration and could testify competently to them if asked to do so.
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`2.
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`I obtained a Bachelor’s of Science degree in electrical engineering and
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`computer science at Princeton University in 1977, a Master’s of Science degree in
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`electrical engineering (specializing in communications) from The George
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`Washington University (GWU) in 1982, and a Doctor of Science in electrical
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`engineering (specializing in communications, with minors in operations research
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`and electrophysics) in 1989. I have worked in the fields of radio communication,
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`computer and network communications, packet radio, and ad hoc packet radio
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`networking since 1977. In the late 1980’s, I was the lead communications engineer
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`on a project demonstrating differentially-corrected GPS-based precision approach
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`for a military aircraft. This system relied on the AX.25 packet radio specification
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`for air/ground communications. From 1995 through 2002, I worked on standards
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`as well as hardware and software for an ad hoc (distributed) airborne packet radio
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`system that could exchange GPS position reports and data between aircraft and
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`ground stations. This included augmentations that provided routing and
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`transmission of user data through the airborne stations, allowing transfer of data
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`between aircraft and distant ground stations connected to the Internet or other wide
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`area networks. My detailed CV is provided as Exhibit A hereto.
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`3.
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`I have been asked by the Petitioners, Teletrac Inc., Navman Wireless
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`North America, Ltd, Geotab Inc., and TV Management Inc., to provide my
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`opinions about the technical issues addressed below. I am being compensated for
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`my time spent on this matter at my standard hourly compensation rate. I have no
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`financial interest in the outcome of this or any related proceeding. My
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`compensation is not dependent upon the opinions that I am providing in this
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`declaration.
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`4.
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`I have reviewed U.S. Patent 8,717,166 (“the ‘166 patent”), its file
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`history, and the prior art citations noted in my analysis and opinions. I understand
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`that the latest recorded assignment of the ‘166 patent was to “PERDIEMCO LLC,”
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`which I also understand to be the present assignee. I understand that the ‘166
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`patent includes 27 claims. I also understand that the Petition for inter partes
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`review that accompanies this Declaration seeks to cancel challenged claims 1-10,
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`13-16, and 19-25 of the ‘166 patent.
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`5.
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`I have reviewed and am familiar with various references, written
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`materials, and literature, identified as follows:
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`-
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`Ex. 1001 U.S. Patent No. 8,717,166
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`Ex. 1002
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`The file history of the ‘166 patent
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`Ex. 1003 U.S. Patent No. 7,327,258 (“Fast”)
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`4
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`Ex. 1004 U.S. Provisional Patent App. No. 60/542,208 (“Fast
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`Provisional”)
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`Ex. 1005 U.S. Patent Pub. No. 2005/0156715 (“Zou”)
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`Ex. 1006 Discrete Wireless’s Marcus GPS Fleet Management
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`Application Product Brochure (“Marcus”)
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`-
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`-
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`6.
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`Ex. 1009 U.S. Patent No. 7,949,608 (“Li”)
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`Ex. 1010
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`Software as a Service Article (“SaaS Article”)
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`The ‘166 patent, awarded to Darrell Diem, claims a priority date of
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`December 23, 2005 based on provisional application No. 60/752,879. According
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`to the Abstract, it is directed to a system and method for defining an event based
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`upon an object location and a user-defined zone and managing the conveyance of
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`object location event information among computing devices where object location
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`events are defined in terms of a condition based upon a relationship between user –
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`defined zone information and object location information. Accessibility to object
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`location information, zone information, and object location event information is
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`based upon an object location information access code, a zone information access
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`code, and an object location event information access code, respectively.
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`7.
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`Figure 1 of the ‘166 patent, shown below, illustrates an exemplary
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`information-sharing environment of the Patent, including computing devices, a
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`map server, and objects for which location information is provided.
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`8.
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`The ‘166 Patent states that the invention:
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`relates to conveying information relating to an object to one or more
`users. The invention requires defining a zone by one or more users. An
`event is also defined in terms of a condition related to a relationship between
`an object and the zone. The condition can relates to entry by the object into
`the zone, exit by the object from the zone, or proximity of the object to the
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`zone. Upon meeting the condition, information regarding the event is
`conveyed to the at least one of the one or more users. The one or more users
`can access at least one of the location information, information relating to
`the zone, or conveyed information regarding the event using one or more
`access control codes. The access control codes can be configured to require
`multiple levels of access control.
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`2:6-19.
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`II.
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`STATE OF THE ART PRIOR TO 2005
`9.
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`By December 2005, the fleet management industry and
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`employee/child tracking applications had widely adopted geofencing by
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`commercializing an array of products including a geofencing feature.
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`10. Fleet management refers to the functionality of tracking fleets
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`of vehicles as they transport goods across a large geographic area. The
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`Marcus GPS Fleet Management Application is a particularly interesting
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`product because it shows how administrators can create a “zone” in order to
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`generate zone-based alerts. Ex. 1006, p.4.
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`11. Commercialized products such as the Marcus GPS Fleet
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`Management Application undermine the premise of the ‘166 Patent, which
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`declares that “An important distinction exists between the user-defined
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`zones and object location events of the present invention, and predefined
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`zones (or domains) and predefined object location events that have
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`previously been used in location-aware applications.” The ‘166 Patent,
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`17:12-16. In other words, user-defined zones and object location events
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`(zone-based alerts) are part of the prior art.
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`III. PERSON OF ORDINARY SKILL IN THE ART (POSITA)
`12.
`I am advised and understand that a person of ordinary skill in the art is
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`a hypothetical person who is presumed to have known the relevant art at the time
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`of the invention. Factors that may be considered in determining the level of
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`ordinary skill in the art may include: (1) the type of problems encountered in the
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`art; (2) prior art solutions to those problems; (3) rapidity with which innovations
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`are made; (4) sophistication of the technology; and (5) educational level of active
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`workers in the field.
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`13. The technology embodied by the alleged invention comprises
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`electrical engineering, computer science, positioning systems such as GPS, radar
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`and cellular location systems, and telecommunications including physical networks
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`(telephone lines, wired local area networks (LANs) and the Internet) and radio
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`communications. These topics are generally taught at the undergraduate and
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`Master’s level in standard engineering programs. Therefore, in my opinion, the
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`level of ordinary skill in the art, at the time of filing, would be a Bachelor’s degree
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`in Electrical Engineering and/or Computer Science with one or two years of
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`experience in related fields such as (depending on the focus of the undergraduate
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`degree) electronics, computer science, positioning technologies such as GPS, and
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`radio communications. More education could substitute for work experience, and
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`more work experience could substitute (to a degree) for education.
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`14. My analysis and interpretation of the ‘166 patent and the prior art is
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`from the perspective of a person of ordinary skill in the art circa 2005. At the time
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`of the filing of the ‘166 patent, and prior to that, I was an individual having at least
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`ordinary skill in the art, according to my definition.
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`IV. CLAIM CONSTRUCTION
`15.
`I have been informed that a claim in inter partes review is given the
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`broadest reasonable interpretation (BRI) in light of the specification. In the
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`subsections below I have adopted certain constructions suggested by counsel only
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`where expressly noted. Otherwise, the opinions set forth below are provided for the
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`purposes of this IPR only, and may be different than opinions I would propose in
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`litigation forums using a different standard.
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`Term
`“user identification code”
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`“information sharing
`environment”
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`Interpretation I have been advised to apply
`“code that identifies a user, and examples
`include, but are not limited to, a user account
`name, a user number, or any identifier having
`an association with a user”
`“a computing network where the conveyance
`of information from a server to a group of
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`users’ computing devices can be controlled or
`configured”
`“an individual who is given permission to
`access information”
`“user who performs administrative functions”
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`“authorized user”
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`“administrator”
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`V. THE LEGAL PRINCIPLE OF ANTICIPATION
`16.
`I have been advised and understand that a claimed invention is
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`“anticipated” only if each and every element as set forth in the claim is found
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`either expressly or inherently described, in a single prior art reference.
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`VI. THE LEGAL PRINCIPLE OF OBVIOUSNESS
`17.
`I have been advised and understand that a claimed invention is
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`unpatentable if the differences between the invention and the prior art are such that
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`the subject matter as a whole would have been obvious at the time the invention
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`was made to a POSITA to which the subject matter pertains.
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`18.
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`It is my understanding that obviousness is a question of law based on
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`underlying factual findings: (1) the scope and content of the prior art; (2) the
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`differences between the claims and the prior art; (3) the level of skill in the art; and
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`(4) objective considerations of nonobviousness.
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`19.
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`I understand that for one or more references to render the claimed
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`invention obvious, a POSITA must have a sufficient reason to combine the
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`teachings of the references to arrive at the challenged claims. I further understand
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`that a basis to combine teachings from the references need not be stated expressly
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`in any prior art reference. However, there must be an articulated reasoning with
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`rational underpinnings to support a reason to the combine the teachings.
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`20.
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`I understand that when considering whether a patent claim is obvious,
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`a POSITA should consider whether a teaching, suggestion, or motivation to
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`combine the references existed at the time of invention so as to avoid
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`impermissibly applying hindsight.
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`VII. SUMMARY OF PRIOR ART CONSIDERED
`21. U.S. Patent 7,327,258 (“Fast”), entitled “System for, and Method of,
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`Monitoring the Movements of Mobile Items”, was awarded to Fast, et. al., on
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`February 5, 2008, based on an application filed on January 31, 2005. Fast claims
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`priority to Provisional Application No. 60/542,208 filed on February 4, 2004. Fast
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`generally describes a system, the Global Guardian Mobile Monitoring System
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`(“GMMS”), for monitoring parameters of mobile items attached to “beacons,”
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`such as speed, position, and threshold boundaries. Abstract. Beacons are any
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`wireless device that can be remotely located using the GMMS (4:53-54; 9:10-12),
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`including but not limited to wireless handsets (e.g., cell phone) and mobile tracking
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`terminals. 9:55-67; 11:23-49. The system includes various entities, such as
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`resellers, retailers, users, and subscribers in a flexible relationship to enhance the
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`ease in system operation. Abstract. An embodiment of the overall information
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`sharing environment of Fast, which the inventors describe as a schematic diagram
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`of the hardware of the system for monitoring the movement of items associated
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`with beacons, is illustrated in FIG. 1 of that patent and reproduced below. 2:15-19;
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`FIG. 1.
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`22. The inventors refer generally to their system as the “Guardian Mobile
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`Monitoring System” (“GMMS”). Referring to FIG. 1, and based on the teachings
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`at 8:1 – 13:62, several of the subsystems and components relevant to this analysis
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`may be identified (key numbered items): 1) wireless location systems such as GPS
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`(the inventors favor those designed for mobile phone networks); 2) wireless data
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`communications networks adapted to handle at least data (but may also voice and/
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`or video); 5) a data center comprising Application Service Provider 1 (ASP) servers
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`(7) and providing access to the internet (13); 8) handsets that support wireless
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`communication (and may also support location); 9) beacons (any locatable wireless
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`device within the GMMS network); 15) tracking terminals that can simultaneously
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`display its own location and a specified beacon’s location; 18) mobile monitoring
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`service providers (the companies enabled by the GMMS to offer mobile, location-
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`based, monitoring services); 20) operator terminals belonging to the mobile
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`security service provider (used to access the operators’ portals of the GMMS); and
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`22) subscriber terminals (used to access the subscribers’ personal portals).
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`1 The GMMS is controlled by software that is hosted at centralized servers
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`accessible via data networks such as the Internet. A company offering access to its
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`soft-ware in this manner is known as an Application Service Providers (ASP).
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`5:49-54; 6:55-56.
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`23. The beacon (9), which may be any locatable wireless device, typically
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`contains both a wireless location determining module and a wireless
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`communications module. 9:12-15. Handsets and tracking terminals may serve as
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`beacons. 4:53-54; 9:10-11; 9:55-67; 11:24-50. Beacons are designed for various
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`purposes so they have various form factors and interconnection ports. 9:29-31.
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`They are carried by persons or attached to mobile items to monitor parameters such
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`as speed, position, and threshold boundaries. Abstract. One application of the
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`system is to alert operators, subscribers, or other specified persons if an object is
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`not where it was specified to be or if a mobile object is moving greater than a
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`specified velocity. 4:1-10. A key component of the system is to notify appropriate
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`individuals with appropriate information concerning the mobile object, either
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`automatically or manually. 4:15-17. Another application allows a user with
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`appropriate access privilege to command the beacon to report its location at an
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`arbitrary time. 8:46-47; 20:39-41.
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`24. Further detail regarding the data center of Fast is provided in FIG. 2
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`reproduced below (see also 7:15-20 and 11:50 – 15:31). A cluster of application
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`servers (26) operates in part on data contained in a main database server (27), and
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`provides service to users, subscribers and mobile security providers through a
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`WebServer Farm (25), load balancers (4), and a firewall (33). Beacon location
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`data is provided by Location Networks (2).
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`25. A “Presentation Manager” allows a variety of devices to connect
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`to the system; each device can have a specific and customized user interface.
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`19:1-6; 22:2-9; FIG. 3-1. The interface can be based on a standard web
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`browser, Java (including “Java 2 Platform, Micro Edition” or J2ME), and
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`dynamic HTML (a combination of technologies such as HTML or XML,
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`Java, and a presentation definition language, intended to create interactive
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`web sites).
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`26. FIG. 22 of Fast, reproduced below, represents the multi-layer, multi-
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`tenant enabling capability of the GMSS. See also, 15:45 – 16:42. The GMSS
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`enables various kinds of companies or organizations to be in the mobile monitoring
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`business. Companies that are enabled by the GMSS may fall in three categories:
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`wholesalers; retailers, and direct resellers. The GMSS is also capable of providing
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`services directly to subscribers. The term “multi-tenant” describes the coexistence
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`of multiple portals to access the GMSS.
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`27. The business process created by the system allows customers to buy
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`monitored location-based services from their security company or other mobile
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`monitoring service provider. 3:47-50. The GMSS provides for access by several
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`categories of users including: system administrators, monitoring station operators,
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`wholesaler, retailers, subscribers, and rescue personnel. All users access the
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`system via the Internet using web browsers running on either fixed or mobile
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`computing devices. 6:12-16.
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`28. A “user” in Fast may be those persons who use the various portals to
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`access the GMMS, including those users that track others. 4:57-58. Further, Fast
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`teaches that users who may have access to the portals may also be associated with
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`beacons, i.e., the user can both track and be tracked. For example, subscribers
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`(who are described by Fast as having access to the GMMS via the subscriber
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`portal) may have a “personal beacon.” 24:57-62. Similarly, recovery personnel
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`(who are also described by Fast as having access to the GMMS via a recovery
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`portal) may also be associated with beacons. 11:24-37. Accordingly, I understand
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`Fast to discloses that other individuals associated with beacons, such as
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`dependents, may be created as users with access to the GMMS portals. Fast is
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`flexible as to what users may be created to have access to the portals. See FIG. 16,
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`R. 514.
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`29.
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`I have been instructed by counsel that, under a broad interpretation, a
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`user may be anyone who has access to the GMMS via any of its user interfaces. A
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`“user interface” is frequently defined as a portion of a device with which a person
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`may interact, and examples include a keyboard, mouse, etc. A panic button of a
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`beacon, as taught by Fast, would constitute a “user interface,” under this
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`interpretation, as it allows a person to interact with the GMMS by sending a panic
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`message (a particular kind of a trigger message). See, e.g., 23:50-24:14; 33:24-27.
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`30. Based on the foregoing teachings in Fast, I understand that a
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`dependent is a “user,”2 as defined in Fast. The dependent may be associated with a
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`beacon, such as a handset (e.g., a cell phone). The dependent may be created as a
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`user, similar to how the subscriber is a user with his/her own “personal beacon.”
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`See 24:57-62. Further, even if the dependent does not access the GMMS through
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`its portals, the dependent may still be considered a “user” in Fast because the
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`dependent is capable of interacting with the beacon, such as by using a panic
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`button, to access the GMMS. See 23:50-24:14; 33:24-27.
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`31.
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`In addition to the categories of users just discussed, Fast explains
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`its system is flexible, and allows the creation of an unlimited number of
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`users, each with a specified level of access privilege. A user within the
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`Wholesaler/Retailer may add, update, and delete system users, as well as
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`2 I have been instructed by counsel that the term “user” as it appears in the ‘012
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`Patent may be broader than how it is used in Fast, and includes anything that uses.
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`Since the ‘012 Patent’s usage may be broader than that of Fast, a dependent is also
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`a “user” in the context of the ‘012 Patent.
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`assign a level of access for each user. 38:26-49; FIG. 14-1, R. 404, 405c,
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`408, 409, and 410; FIG. 14-2, R. 412 and 413. Similarly, a user within the
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`Subscriber may add, delete, and update system users, and assign an access
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`level indicating which functionality that user will be restricted from using.
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`42:14-52; FIG. 16-1, R. 504, 505c, 512, and 514; FIG. 16-2, 530, 532, and
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`534. I understand from Fast’s teaching that any number of users may be
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`created, and the user may be restricted from using some functionality, or may
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`not be restricted from using any functionality, of their respective portals.
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`These users and their associated access privilege levels are stored on the
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`GMMS server(s).
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`32. For example, user types of the Guardian Administration portal
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`may include, but is not limited to “super administrator,” “manager,”
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`“administrator,” “clerk,” “assistant,” and “etc.” FIG. 13, R. 363 (describing
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`user types). Similarly, the Wholesaler and Retailer may have user types
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`“administrator,” “operator,” “reseller,” “accounts payable,” “accounts
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`receivable,” “sales,” and “etc.” FIG. 14-1, R. 409 (describing user types).
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`The Subscriber may likewise have many different users associated with
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`various user types, such as “subscriber,” “guardian,” “organization manager,”
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`“supervisor,” “operator,” “dealer,” and “etc.” FIG. 16-1, R. 514 (describing
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`user types). I understand from Fast’s teachings that there may be one or more
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`users associated with each one of these specified user types.
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`33. An aspect of the GMMS architecture is its ability to manage multiple
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`layers of separation and integration between users’ data. At the highest level, the
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`architecture allows a single system administration application to access the data
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`associated with all wholesalers, all retailers, and all subscribers. At the next layer,
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`applications can access only the data belonging to a single wholesaler, all its
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`retailers, all its direct subscribers, and all its retailers’ subscribers. At a third layer,
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`applications can access data only related to a specific retailer’s subscriber, and at a
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`fourth layer, applications can only access the data belonging to a specific
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`subscriber. 18:25-37.
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`34. The layers of separation and integration are achieved through the
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`various portals and user identifications and passwords created and stored for each
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`user within each account (e.g., Wholesaler, Retailer, Subscriber)—i.e., each entity
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`has access to the GMMS through its own portal, and each company is kept
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`securely separated from every other company, yet all data may be stored in a single
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`database in the GMMS. 15:50-62. Portal types include: Master System
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`Administration Portal; Monitoring Station Portal (used by wholesalers); Retailer
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`Portal (used by retailers or direct resellers); Commercial Subscriber Portal;
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`Residential Subscriber Portal; and Recovery Personnel Portal. 5:28-36. These
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`portals are used to access the various modules and functionalities employed by the
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`GMMS. The Wholesaler/Retailer portal and Subscriber portal are discussed
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`below.
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`35. Wholesalers/Retailers and Wholesaler/Retailer Portal:
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`Wholesalers and retailers are companies that are enabled by the GMMS to provide
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`mobile monitoring services. 4:37-41; 4:42-46. The GMMS enables an unlimited
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`number of wholesalers and retailers, and each one is provided with its own portal
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`that is accessible via the internet and is restricted using password protection to
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`users that are authorized by the system administrators. 16:7-11.
`
`36.
`
` The Wholesaler and Retailer portal are similar. 16:24-26; 38:26-28;
`
`FIG. 14. The Wholesaler/Retail portal allows a user with appropriate access to
`
`manage system users, and manage different residential and commercial subscriber
`
`accounts, such as adding, update, and deleting subscribers. 38:46-54. Other
`
`functions include managing reports, managing beacons, managing customer
`
`relationships, and managing incidents. FIGs. 14-1 and 14-2 (reproduced below).
`
`In order to access the Wholesaler portal, the user must enter his or her user
`
`identification and password into a login screen, and if they match a user in the
`
`system, the user is granted access to the portal at the appropriate access level.
`
`38:31-45; FIG. 14-1. The designated level of access may restrict access to some
`
`functions of the portal. 38:44-45.
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`37. For example, the Wholesaler/Retailer portal may be used to manage
`
`beacons by viewing inventory, create subscribers, assign beacons to a subscriber,
`
`initialize the beacon, and assign a service plan. 40:31-39; FIG. 14-2. The
`
`Wholesaler/Retailer portal may also be used to access subscriber portals, such as to
`
`perform all tasks requested by the subscriber. 6:21-26; 38:52-54; FIG. 14-2.
`
`38. Subscribers and Subscriber Portal: Fast describes a subscriber as
`
`the “person or organization that is the consumer or end-user of mobile monitoring
`
`services.” 4:47-49. Subscribers may access the GMMS system as direct
`
`subscribers, or through a wholesaler/retailer. FIG. 22. One benefit of the GMMS
`
`system is that the subscriber may access information through the use of a mobile
`
`monitoring entity, such as a wholesaler or retailer, or the subscriber may
`
`alternatively directly access its information through a web portal. 6:12-31; see also
`
`15:60-62; 16:31-36. The subscribers are each given access to a dedicated portal
`
`that offers many self-serve functions and preference settings. 6:21-23. Each
`
`subscriber may have subscriptions for multiple beacons, for example, two vehicle
`
`beacons, one child beacon, one personal beacon, one pet beacon, and one beacon
`
`for an elderly parent. 24:57-62.
`
`39. The subscriber accesses the GMMS through a dedicated subscriber
`
`portal. The subscriber may perform various functions, such as managing the
`
`subscriber’s profile, managing scenarios, and reviewing account information and
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`usage activity (such as who logged in and why). 42:36-52. A subscriber may also
`
`manage users and user types, for example, by adding, deleting, and updating
`
`system users, and for each user, assigning an access level indicating what
`
`functionality they will be restricted from using. 42:47-50. Other operations that
`
`may be performed by users in the subscriber portal include managing dependents
`
`and personnel, managing assets, managing beacons, and managing supervisors and
`
`guardians. 42:53-56; 43:1-11.
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`40. The GMMS is enabled by various modules which provide the
`
`framework for all of the functionality of the portals described above, such as
`
`Presentation Manager (19:1-6); Access Manager (19:7-17); Guardian
`
`Administration Module (19:19-39); Monitoring Station Administration Module
`
`(19:40-20:30); and Subscriber Administration Module (20:31-21:11).
`
`41. For example, the subscriber Administration Module (5), which is
`
`accessible using the Subscriber Portal, includes several components including,
`
`inter alia, a Location Manager (perform one-time locate or continuous tracking of
`
`dependents or assets), a Beacon Manager (provides the subscriber with a view of
`
`all of the beacons associated with their account), a Guardian Manager (allows for
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`the creation of an unlimited number of guardians), a Zone Manager (used to create
`
`zones), a Schedule Manager (provides tools for creating “schedules” that can be
`
`associated with a zone, and assigned to one or more dependents or assets), a
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`Notification Manager (notification and messaging tools), and a Profile/Account
`
`Manager (gives the subscriber the ability to update personal information). See,
`
`e.g., 20:32 – 21:11.
`
`42. The subscriber also has access to a Scenario Manager, which consists
`
`of two components, a Scenario Builder and a Scenario Monitor. The user interface
`
`for the module is included in the subscriber’s portal. 32:15-20. FIG. 11,
`
`reproduced below, is a flow chart of a Scenario Builder included in the Scenario
`
`Manager. 35:8-9. See also 35:10-67. The user can select an item with an assigned
`
`beacon (254), and apply a predefined scenario or a newly-defined scenario. The
`
`combination of a trigger mechanism (blocks 258 and 260), a schedule (blocks 262-
`
`269), and a notification scheme (blocks 272-278) defines a scenario for a chosen
`
`item. 36:1-2. The notification scheme is used to define who should be notified,
`
`and what notification methods are to be used. 35:39-67. Once a scenario is built,
`
`the Scenario Monitor may be invoked. It instructs the GMMS system to monitor a
`
`number of parameters and determine if they are within the acceptable range of the
`
`scenario. 36:14-; 36:34-39.
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`43. Multiple scenarios can be active simultaneously for a given beacon,
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`and each can be active according to its own schedule. 32:45-47. Suitable entities
`
`for “notification” may include, inter alia, the database, the incident queue, a
`
`subscriber, a guardian, and/or rescue personnel. 35:47-51. Fast teaches that a
`
`notification can be sent to any person or place, including certain types of beacons
`
`(e.g., handsets). 4:63-64; 9:55-67; 34:3-6.
`
`44. Fast describes that the threshold monitoring—i.e., determination of
`
`whether a specified event has occurred, such as a speeding threshold violated or
`
`zone crossed—may occur within the beacon itself. 8:45-9:8; 23:50-24:20;
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`Heppe Decl. RE: U.S. Patent 8,717,166
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`45:16-29. However, Fast also explains that some beacons may only be capable of
`
`processing one function/request at a time, so the Beacon Manager may perform the
`
`threshold monitoring. 26:40-64; 27:45-54; 30:52-31:3; FIG. 8. The Beacon
`
`Manager is a software entity that processes on the central servers. 24:40-48;
`
`28:25-28; FIG. 4; see also FIGs 20, 23.
`
`45.
`
`In order to assist in the recovery process of a beacon, the Guardian
`
`system also has a unique software module known as the Recovery Interface.
`
`36:49-51. The Recovery Interface gives third-party recovery personnel temporary,
`
`authenticated access to the details of an incident for the duration of an incident.
`
`Access is available from any web-connected device, including portable internet
`
`terminals. As a multi-threaded, multi-user application, the Guardian system
`
`enables multiple users to access the same incident data at the same time. 36:51-57.
`
`The system is designed to accommodate multiple recovery personnel accessing the
`
`system all at once. 37:11-13.
`
`46. Below is an example of one potential configuration that Fast
`
`discloses, as understood by a POSITA, based on FIG. 22 and the other disclosures
`
`identified throughout my analysis. I refer to this configuration as the exemplary
`
`configuration.
`
`
`
`Heppe Decl. RE: U.S. Patent 8,
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