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DOCKET NO.

: 10121-0008
Filed on behalf of Unified Patents Inc.

By: Kevin B. Laurence, Reg. No. 38,219


Matthew C. Phillips, Reg. No. 43,403
Laurence & Phillips IP Law LLP
1940 Duke Street, Suite 200
Alexandria, VA 22134
Tel: (703) 972-6000
Email: klaurence@lpiplaw.com
Email: mphillips@lpiplaw.com

Jonathan Stroud, Reg. No. 72,518


Unified Patents Inc.
1875 Connecticut Ave. NW, Floor 10
Washington, DC, 20009
Tel: (202) 805-8931
Email: jonathan@unifiedpatents.com

UNITED STATES PATENT AND TRADEMARK OFFICE


____________________________________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD


____________________________________________

Unified Patents Inc.


Petitioner

v.

Hailo Technologies, LLC, d/b/a Bring, LLC


Patent Owner

IPR2017-01865

PETITION FOR INTER PARTES REVIEW OF


U.S. PATENT NO. 5,973,619
CHALLENGING CLAIMS 17
UNDER 35 U.S.C. 312 AND 37 C.F.R. 42.104
IPR2017-01865 Petition
Patent 5,973,619

TABLE OF CONTENTS
Page
I. INTRODUCTION .......................................................................................... 1
II. MANDATORY NOTICES ............................................................................ 1
A. Notice of Real Party-in-Interest (37 C.F.R. 42.8(b)(1)) .................... 1
B. Notice of Related Matters (37 C.F.R. 42.8(b)(2)) ............................. 1
C. Notice of Lead and Backup Counsel (37 C.F.R. 42.8(b)(3)) ............ 2
D. Notice of Service Information (37 C.F.R. 42.8(b)(4)) ...................... 2
E. Proof of Service .................................................................................... 2
F. Fee for Inter Partes Review ................................................................. 2
III. CERTIFICATION OF GROUNDS FOR STANDING ................................. 3
IV. PRECISE RELIEF REQUESTED ................................................................. 3
A. Priority Date of the 619 Patent............................................................ 3
B. Prior Art Patents and Printed Publications ........................................... 3
1. Prior Art under 35 U.S.C. 102(a) ......................................... 3
2. Prior Art under 35 U.S.C. 102(b) ........................................ 4
C. Grounds for Challenge ......................................................................... 4
V. RELEVANT INFORMATION CONCERNING THE 619 PATENT ......... 4
A. Technology Background ...................................................................... 4
B. Summary of the Alleged Invention ...................................................... 5
C. Prosecution History of the 619 Patent ................................................ 7
VI. The PERSON OF ORDINARY SKILL IN THE ART .................................. 7
VII. CLAIM INTERPRETATION ........................................................................ 7
VIII. DETAILED ANALYSIS OF GROUNDS FOR UNPATENTABILITY ...... 8
A. Ground 1: Claims 1 and 7 are Rendered Obvious by Penzias in view
of Clagett and further in view of Nimura ............................................. 8
1. Overview of Penzias ................................................................. 8
2. Overview of Clagett ................................................................ 11
3. Overview of Nimura ............................................................... 14
4. Claim 1 is obvious based on Penzias, Clagett, and Nimura . 16
5. Claim 7 is obvious based on Penzias, Clagett, and Nimura . 28

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6. Combination of Penzias, Clagett, and Nimura ..................... 31


B. Ground 2: Claims 26 are Rendered Obvious by Penzias in view of
Clagett and further in view of Nimura, and Behr .............................. 32
1. Overview of Behr .................................................................... 32
2. Claim 2 is obvious based on Penzias, Clagett, Nimura, and
Behr ......................................................................................... 33
3. Claim 3 is obvious based on Penzias, Clagett, Nimura, and
Behr ......................................................................................... 34
4. Claim 4 is obvious based on Penzias, Clagett, Nimura, and
Behr ......................................................................................... 36
5. Claim 5 is obvious based on Penzias, Clagett, Nimura, and
Behr ......................................................................................... 39
6. Claim 6 is obvious based on Penzias, Clagett, Nimura, and
Behr ......................................................................................... 41
7. Combination of Penzias, Clagett, Nimura, and Behr ........... 43
C. Ground 3: Claims 1 and 7 are Rendered Obvious by Grasset in view
of Wendt ............................................................................................. 44
1. Overview of Grasset ............................................................... 44
2. Overview of Wendt ................................................................. 48
3. Claim 1 is obvious based on Grasset and Wendt .................. 50
4. Claim 7 is obvious based on Grasset and Wendt .................. 69
5. Motivation to Combine Grasset and Wendt ......................... 70
D. Ground 4: Claim 2 is Rendered Obvious by Grasset in view of
Wendt, and further in view of Behr .................................................... 71
1. Discussion of Grasset, Wendt, and Behr................................ 71
2. Claim 2 is obvious based on Grasset, Wendt, and Behr ....... 72
3. Motivation to Combine Grasset, Wendt, and Behr .............. 73
E. Ground 5: Claims 36 are Rendered Obvious by Grasset in view of
Wendt, and further in view of DeLorme ............................................. 73
1. Overview of DeLorme ............................................................ 73
2. Claim 3 is obvious based on Grasset, Wendt, and DeLorme 75
3. Claim 4 is obvious based on Grasset, Wendt, and DeLorme 76

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4. Claim 5 is obvious based on Grasset, Wendt, and DeLorme 78


5. Claim 6 is obvious based on Grasset, Wendt, and DeLorme 78
6. Motivation to Combine Grasset, Wendt, and DeLorme ....... 79
IX. CONCLUSION ............................................................................................ 81

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PETITIONERS EXHIBIT LIST

1001 U.S. Patent No. 5,973,619 (the 619 patent) to Paredes et al., titled
Automated Vehicle Dispatch and Payment Honoring System
1002 File History for the 619 patent
1003 U.S. Patent No. 5,604,676, which is titled System and Method for
Coordinating Personal Transportation, to Penzias (Penzias)
1004 U.S. Patent No. 5,218,633, titled Enhanced Access to
Telecommunications Network, to Clagett (Clagett)
1005 U.S. Patent No. 5,231,584, titled Navigation Apparatus with Non-
Volatile Memory for Return to Initiation Departure Point, to Nimura
(Nimura)
1006 U.S. Patent No. 5,543,789, titled Computerized Navigation System, to
Behr (Behr)
1007 U.S. Patent No. 5,337,046, titled System for Communication between
Pedestrians and Vehicles, to Grasset (Grasset)
1008 U.S. Patent No. 4,092,718, titled Computerized Dispatching System,
to Wendt (Wendt)
1009 U.S. Patent No. 5,559,707, titled Computer Aided Routing and
Positioning System, to DeLorme (DeLorme)
1010 U.S. Patent No. 4,360,875, which is titled Multi-Source Switching in a
Television System, to Behnke (Behnke)
1011 U.S. Patent No. 5,168,451, which is titled User Responsive Transit
System, to Bolger (Bolger)
1012 Expert Declaration of Scott Andrews
1013 U.S. Patent No. 5,377,113, which is titled Navigation System for Use in
Vehicle, to Shibazaki (Shibazaki)
1014 Complaint in Hailo Technologies, LLC d/b/a Bring v. Uber
Technologies, Inc., 2-17-cv-03028 (C.D. Cal. Apr. 24, 2017)
1013 U.S. Patent No. 5,377,113, which is titled Navigation System for Use in
Vehicle, to Shibazaki (Shibazaki)

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1014 Complaint in Hailo Technologies, LLC d/b/a Bring v. Uber


Technologies, Inc., 2-17-cv-03028 (C.D. Cal. Apr. 24, 2017)
1015 U.S. Patent No. 6,049,711, which is titled Method and Apparatus for
Providing Location-Based Information Services to Ben-Yehezkel
(Ben-Yehezkel)
1016 U.S. Patent No. 3,906,166, which is titled Radio Telephone System to
Cooper (Cooper)
1018 Micro Millenium

1019 Intelligent Vehicle-Highway Systems

1020 Cass

1021 Weiland

1022 Oshizawa

1023 Honey

1024 U.S. Patent No. 5,580,566, titled Electronic Navigation System and
Method, to Behr (Behr 566)
1025 U.S. Patent No. 6,330,497, titled Multimedia Technique for Operating
Devices in a Vehicle, to Obradovich (Obradovich)

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Patent 5,973,619

I. INTRODUCTION

Petitioner requests inter partes review (IPR) under 35 USC 103 of claims

17 of U.S. Patent No. 5,973,619 (the 619 Patent), titled Automated Vehicle

Dispatch and Payment Honoring System. Pursuant to 35 USC 314(a), this

petition demonstrates there is a reasonable likelihood Petitioner will prevail with

respect to at least one of these claims.

II. MANDATORY NOTICES

A. Notice of Real Party-in-Interest (37 C.F.R. 42.8(b)(1))

Pursuant to 37 C.F.R. 42.8(b)(1), Unified Patents Inc. (Unified or

Petitioner) certifies that Unified is the real party-in-interest, and further certifies

that no other party exercised control or could exercise control over Unifieds

participation in this proceeding, the filing of this petition, or the conduct of any

ensuing trial. In this regard, Unified has submitted voluntary discovery. See

EX1014 (Petitioners Voluntary Interrogatory Responses).

B. Notice of Related Matters (37 C.F.R. 42.8(b)(2))

The records of the U.S. Patent and Trademark Office (USPTO) indicate

that the 619 Patent (EX1001) is owned by Alexis Paredes (Patent Owner).

However, in district court litigation, it has been asserted that Hailo Technologies,

LLC, dba Bring, is the sole owner of the 619 patent. EX1014, 2.

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The 619 Patent is the subject of the following district court proceedings:

Hailo Technologies, LLC d/b/a Bring v. Uber Technologies, Inc., 2-17-cv-03028

(C.D. Cal. Apr. 21, 2017) and Hailo Technologies, LLC d/b/a Bring v. Lyft, Inc., 2-

17-cv-03031 (C.D. Cal. Apr. 21, 2017).

C. Notice of Lead and Backup Counsel (37 C.F.R. 42.8(b)(3))

Kevin B. Laurence (Reg. No. 38,219) will act as lead counsel, and Jonathan

Stroud (Reg. No. 72,518) and Matthew C. Phillips (Reg. No. 43,403) will act as

backup counsel.

D. Notice of Service Information (37 C.F.R. 42.8(b)(4))

Unified consents to electronic service via email at the following addresses:

klaurence@lpiplaw.com; jonathan@unifiedpatents.com; and

mphillips@lpiplaw.com. Petitioner can be reached at Laurence & Phillips IP Law

LLP, 1940 Duke Street, Suite 200, Alexandria, Virginia 22314 and (703) 972-6000

and Unified Patents Inc., 1875 Connecticut Ave. NW, Floor 10, Washington, D.C.

20009 and (650) 999-0899.

E. Proof of Service

Proof of service of this petition on the Patent Owner at the correspondence

address of record for the 619 Patent is attached.

F. Fee for Inter Partes Review

The Director is authorized to charge the fee specified by 37 C.F.R.

42.15(a) to Deposit Account No. 50-6921.

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III. CERTIFICATION OF GROUNDS FOR STANDING

Petitioner certifies pursuant to 37 C.F.R. 42.104(a) that the patent for

which review is sought is available for IPR and that Petitioner is not barred or

estopped from requesting an IPR challenging the patent claims on the grounds

identified in this Petition.

Pursuant to 37 C.F.R. 42.8(b)(1), Petitioner certifies that Unified is the real

party-in-interest.

IV. PRECISE RELIEF REQUESTED

A. Priority Date of the 619 Patent

The 619 Patent claims priority to June 10, 1997.

B. Prior Art Patents and Printed Publications

The following U.S. patents are pertinent to the grounds of unpatentability

and qualify as prior art to the 619 Patent under 35 U.S.C. 102.

1. Prior Art under 35 U.S.C. 102(a)

a) Penzias

Penzias was filed on July 25, 1994, and issued on Feb. 18, 1997.

b) Behr

Behr was filed on Jun. 24, 1994, and issued on Aug. 6, 1996.

c) DeLorme

DeLorme was filed on Jan. 31, 1995, and issued on Sep. 24, 1996.

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2. Prior Art under 35 U.S.C. 102(b)

a) Clagett

Clagett issued on June 8, 1993.

b) Nimura

Nimura issued on July 27, 1993.

c) Grasset

Grasset issued on Aug. 24, 1994.

d) Wendt

Wendt issued on May 30, 1978.

C. Grounds for Challenge

The relief requested is cancellation of the challenged claims, as follows:

Ground Reference Claims Basis


1 Penzias, Clagett, and Nimura 1 and 7 103(a)
2 Penzias, Clagett, Nimura, and Behr 26 103(a)
3 Grasset and Wendt 1 and 7 103(a)
4 Grasset, Wendt, and Behr 2 103(a)
5 Grasset, Wendt, and DeLorme 36 103(a)

V. RELEVANT INFORMATION CONCERNING THE 619 PATENT

A. Technology Background

Scott Andrews, in his declaration, explains the technology discussed in this

Petition in detail. See Andrews Declaration (EX1012) at 5366.

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B. Summary of the Alleged Invention

The 619 Patent is directed to a taxi dispatch and payment system. EX1001,

Abstract. The 619 Patent has a brief disclosure (six pages of figures and less than

three pages of text).

In this Petition, colors are used to correlate claim terms with other text and

portions of figures. The colors include green for a user, consumer, or passenger;

blue for communication with the consumer or a driver; sky blue for a destination;

orange for a driver, vehicle, taxi, or transportation company, prior to or after

dispatch; red for a fare or payment; and purple for a display.

The 619 Patent describes a method for a consumer needing transportation to

communicate with a system. The system may also communicate with the

consumer. The consumer views a display that lists transportation companies,

selects a company and a desired destination, inputs the number of passengers, and

views a display of the approximate fare and payment options honored by the

selected company. A dispatch call for an available vehicle from a selected

company is initiated. An estimate is provided for the arrival time of a dispatched

vehicle.

Figure 1 of the 619 Patent, annotated with color highlighting, is provided

below and depicts a flowchart of the overall process along with various user

selection options.

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Figure 1 of the 619 Patent.

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C. Prosecution History of the 619 Patent

Scott Andrews, in his declaration, summarizes the prosecution history. See

Andrews Declaration (EX1012) at 4251.

VI. THE PERSON OF ORDINARY SKILL IN THE ART

A person of ordinary skill in the art (POSA) in the field of the 619 Patent

would have been someone with a good working knowledge of computer

programming at the time of invention. The person would have gained this

knowledge through an undergraduate Bachelor of Science degree in computer or

electrical engineering, computer science, or a comparable field. Alternatively, one

could obtain this level of skill with training or several years of related work

experience with programming. The more education one has (e.g., post-graduate

degrees), the less experience needed to attain an ordinary level of skill. Likewise,

more extensive experience might substitute for certain educational requirements.

VII. CLAIM INTERPRETATION

The 619 Patent expired on June 10, 2017. For an expired patent, the Board

applies the same standard as a district court. See In re CSB-Sys. Int'l, Inc., 832

F.3d 1335, 134142 (Fed. Cir. 2016). Petitioner requests that all claim terms be

interpreted using the framework set forth in Phillips v. AWH Corp., 415 F.3d 1303,

131215 (Fed. Cir. 2005) (en banc).

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VIII. DETAILED ANALYSIS OF GROUNDS FOR UNPATENTABILITY

A. Ground 1: Claims 1 and 7 are Rendered Obvious by Penzias in


view of Clagett and further in view of Nimura

1. Overview of Penzias

Penzias provides a system for on-demand, door-to-door transportation.

EX1003, Abstract. The system architecture is depicted in figures 1 and 2, which

are provided below as a combined image, because Penzias indicates they should be

viewed in combination with figure 1 over figure 2. Id., 2:3537.

Figures 1 and 2 (annotated and combined) of Penzias (EX1003).

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Penzias uses multipassenger vehicles such as vans that are monitored and

rerouted as passengers are added. A consumer requests a ride by specifying a) a

pick-up location and b) the destination and, optionally, c) a desired time of arrival

and d) the number of people. Id., 1:4550. Then, a suitable path to the

destination is determined. Id. As shown above, the request of customer 150 is

communicated to a customer PT agent 151 using a conventionally available

communication medium 186, e.g., telephone lines, or data networks, via a

customer interface. Id., 5:5659. Customer PT agent 151 is a logical process that

interfaces with customer 150 to receive the customer's ride request and relay that

ride request in a form compatible with personal transport server 101. Id., 5:5256.

The personal transport server 101 controls overall operation of the personal

transport service. Id., 3:4446. It dispatches vehicles in response to customer

requests for rides and coordinates communication among the other units of the

personal transport service. Id., 3:4649. Routing unit 110 has a router server 111,

which receives a layout of the roads in the area from a map server 113 by

accessing information stored in maps database 119. Id., 2:6062. Router server

111 also receives from vehicle tracking server 117 the position, and optionally the

direction, of each of the vehicles. Id., 3:79.

Upon receipt of paths from routing unit 110, personal transport server 101

submits the paths to accounting unit 130. Id., 4:1113. Accounting unit 130

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returns to personal transport server 101 a price for each path. Id., 4:1314.

Personal transport server 101 relays the paths and their corresponding prices back to

the customer over the same connection over which it had received the request from

the customer. Id., 4:1417. The customer then chooses a desired path which is

relayed to personal transport server 101. Id., 4:1819. The personal transport

server 101 adds the selected path to its representation of the scheduled

paths. Confirmation of the selected path may be supplied to the customer. Id., 4:20

21.

The accounting unit 130 includes fare server 131 connected to rates data base

137. The fare server 131 computes the fares for each path supplied by personal

transport server 101. Id., 4:6264. The accounting unit 130 also includes account

server 133 connected to accounts data base 139. Id., 5:35. The account server 133

is responsible for billing a passenger after completing a ride. Id., 5:35. The account

server 133 may be connected to credit services 138, e.g., commercial credit card data

bases or telephone customer databases. Id., 5:96:1.

The functions of personal transport server 101, routing unit 110, accounting

unit 130, are implemented by various computers as shown in figure 4. Id., 9:29

40. As shown in figure 5, provided below, each of these computers has a

communication interface 307 and a display 309.

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Figure 5 of Penzias (EX1003)

The display of each computer enables a customer to enter the relevant data and see

the paths and their corresponding prices over the same connection from which the

request of the customer was received. Id., 4:1117. The display also enables a

customer to select a desired path. Id., 4:1819. The consumer then pays for the

selected path and receives confirmation of the selected path via the display. Id.,

6:6367.

2. Overview of Clagett

Clagett discloses a public pay telephone station. EX1004, Abstract. The

station may be used by a traveler or business person desiring taxi service in a strange

city. Id., 7:1921. The traveler may call up the directory information from the

telephone network directory store 72 or insert a disk containing geographic data

relating to listed taxi services, which permits the user to select a taxi company from

those listed in the yellow page directory information. Id., 7:2126; 4750. The user

may select a destination using map information from the disk including nearby hotels,

restaurants, fast food establishments, etc. Id., 7:4042.

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Figure 1 of Clagett (EX1004)

Figure 1 shows an exemplary public pay station 10 with a keyboard 14, a

payment mechanism illustrated as a coin or card slot (or both) 16, a display screen

18, and cursor control switches or buttons 20. Id., 3:4653. The cursor buttons

may be provided in the conventional xy or updown, leftright form. Id., 3:5455.

The cursor switch 20 allows the user to control the position of the screen graphics

cursor. Id., 5:2728.

The display screen 18 and the cursor control switches or button 20 enable a

traveler to select a taxi company from those displayed and listed from an electronic

database, as discussed in the following paragraph of Clagett.

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Another example of a use of the system of the invention


is a traveler or business person desiring taxi service in a
strange city. By actuating the payment mechanism of the
public telephone station and inserting his/her disk
containing directory information which includes the
particular city the user can call up yellow page directory
information for taxi service. The public pay station has
included in its ROM an identification of the telephone
involved and its location and the disk has stored thereon
geographic data relating to the listed taxi services. This
permits the microprocessor to select from the taxi
companies in that city a company in a geographic
position to render prompt service to that specific public
telephone station locale. This may be effected by a
program actuated cursor designating the specific taxi
company and directory number. The user may then
depress the A button whereupon the auto-dialer is
actuated to initiate a call to the thus designated taxi
company. If desired the user may also access map
information from the disk to permit the user to
familiarize himself/herself with the area. This same
methodology may be utilized for the purpose of selecting
nearby hotels, restaurants, fast food establishments, etc.

EX1004, 7:1942.

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3. Overview of Nimura

Nimura discloses a navigation apparatus. EX1005, Abstract. Figure 1 of

Nimura depicts an input unit 1 with input means for departure point input 5 and

destination input 6. EX1005, 5:3339. A destination list 12 is stored in memory

unit 4, which is in communication with a CPU 2 and a display unit 3. Id., 5:3362.

Figure 1 of Nimura.

Figures 11ac of Nimura depict a touch panel for selecting a destination

genre, reviewing listed destinations, selecting a particular destination, and viewing

confirmation of the selection. The listed destination genres in Figure 11a include

sightseeing, lodgings, dining, and souvenirs. Id., 3:644:15. These destinations

are displayed in a color indicating that they are selectable items, and a desired

genre is selected by touch-panel input. Id.

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Figure 11a of Nimura.

Figure 11b shows the listed destinations available after selecting a genre.

Figure 11b of Nimura.

Figure 11c of Nimura shows the confirmation provided to a user after

selecting an option from the sightseeing genre.

Figure 11c of Nimura.

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4. Claim 1 is obvious based on Penzias, Clagett, and Nimura

Each element of claim 1 is described in or taught by Penzias, Clagett, or

Nimura and when claim 1 is considered as a whole it would have been obvious

based on the combination. EX1012, 112. To the extent the preamble is considered

limiting, the various sections of the preamble are listed below with citations to

some of the relevant sections from Penzias, Clagett, and Nimura.

Claim 1-pre1: A method as implemented on a computer


system for use by a consumer

Penzias discloses a computer system, which includes a portable

transmitter/receiver means 100. EX1012, 113114. Penzias discloses a

transportation system for coordinating the provision of rides to people. EX1003,

1:710.

Claim 1-pre2: said method for delivering instructional


messages to said consumer regarding
private transportation companies and
estimated costs for hiring said
transportation company for transporting
said consumer to listed destinations and

Penzias, Clagett, and Nimura disclose claim 1-pre2. EX1012, 113127.

The system disclosed in Penzias generates multiple options for paths between a

pick-up location and a destination and determines the price for each path. EX1003,

6:5362; 4:1117; 2:5258. The paths and fares are forwarded as an instructional

message by the computer system to a consumer (customer) who requested a ride

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via personal transport server 101, which relays the paths and their corresponding

prices back to the customer over the same connection over which it had received

the request from the customer. Id., 4:1417; see also 5:556:62. Examples of

such connections include communication mediums 186 and 189 as shown above in

the combined version of figures 1 and 2 of Penzias.

The phrase private transportation companies is only used in the preamble

and does not appear anywhere else in the claims or specification. In a Response

filed on May 13, 1999, the phrase private transportation companies was added to

the preamble. EX1002, 49. In the remarks of the Response, it was stated that

Applicant's invention is directed, to a computer system for [selection] of private

transportation companies such as taxis. EX1002, 50. Based on this assertion, the

phrase private transportation companies includes taxis. The vehicles in the

system of Penzias may represent different transportation companies such that the

paths in Penzias are offered by more than one transportation company to provide

competition and quicker response times. EX1012, 4751.

To the extent Penzias is not considered to disclose private transportation

companies, Clagett discloses a system permitting a traveler or business person

desiring taxi service in a strange city to select an option from the taxi companies

in a city as listed in a yellow page directory. EX1004, 7:2025. A microprocessor

may identify a taxi company capable of rendering prompt service to the location of

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the particular telephone station. Id., 7:3033. However, Clagett indicates a user

selects a taxi company from those listed in a yellow page directory with a program

actuated cursor and then presses a button to actuate an autodialer to initiate a call to

the designated taxi company for dispatch of a taxi to the telephone station. Id.,

7:3338. A POSA would have been motivated to enable the paths in Penzias to be

associated with various taxi companies, as taught by Clagett, because the taxi

companies provide security and the resulting competition yields better prices and

response times. EX1012, 160162.

A POSA would have been further motivated to modify Penzias by Clagett in

view of Nimura to enable a consumer to select from listed destinations and to

receive messages about the listed destinations such as confirmation of the selected

destination as shown in figure 11c of Nimura. EX1012, 125-127. Figures 11ab

of Nimura depict a touch panel enabling a user to select a genre and then a

particular destination from listed destinations (just like Figure 1 of the 619

Patent). Id.

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Figure 11a of Nimura. Figure 11b of Nimura.

Figure 11c of Nimura shows confirmation of a destination, Arashiyama,

selected from the sightseeing genre by a user.

Figure 11c of Nimura.

Claim 1-pre3: further providing an automated taxi


dispatch and

Penzias and Clagett disclose claim 1-pre3. EX1012, 116, 122. In

particular, Penzias teaches dispatch [of] multipassenger vehicles in response to

customer requests for rides. EX1003, 3:4451. After a customer selects a desired

path, the selection is relayed to personal transport server 101 and then the

vehicle is dispatched and server 101 makes any necessary adjustments to the route

of the vehicles. Id., 4:1823. To the extent the vehicles in Penzias are not

considered to be taxis, Clagett discloses that a user selects a taxi company from

those listed in a yellow page directory by using a program actuated cursor and then

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pressing a button to actuate an autodialer to initiate a call to the designated taxi

company for dispatch of a taxi to the phone station. EX1004, 7:1938.

Claim 1-pre4: payment honoring system, said method


comprising the steps of

Penzias and Clagett disclose claim 1-pre4. EX1012, 117. Penzias teaches

an electronic payment system with cards debited by the amount of the transport,

and Clagett discloses payment with coins and tokens. Id. Some of the relevant

content from Penzias and Clagett regarding claim 1pre-4 are cited below.

Claim 1-pre4 Penzias and Clagett


payment honoring Penzias discloses:
system, said method Account server 133 is responsible for the ultimate
comprising the steps billing of a passenger who has completed a ride as
of: well as any other incurred fees such as purchases
made from on board services unit 165. . . .
[A]ccount server 133 may be connected to
external, commercially available credit services
138, e.g., commercial credit card data bases or
telephone customer databases.
Id., 5:3-6:3; see also 4:1123; 4:3438; 4:625:2;
11:3037.
Clagett discloses:
payment mechanism illustrated as a coin or card
slot (or both) 16.
EX1004, 3:6065.

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Claim 1a: (1) displaying a list of authorized transportation


companies for selection by the operator of the
computer;
Penzias and Clagett disclose claim 1a. EX1012, 128-129. Penzias

discloses that each computer has a display 309 as shown below in figure 5:

Figure 5 of Penzias (EX1003). The display 309 and customer interface 307

enables each computer of a customer (operator) to display the paths for vehicles

generated by the system in Penzias and enables the customer to select one of the

paths between a pick-up location and a destination. Id., 4:1119; 6:5367. These

vehicles implicitly involve authorized entities or else they would not be associated

with a path in the system. EX1012, 51.

Clagett discloses a system that uses yellow page directory information for

taxi service, which necessarily includes a list of taxi companies, and the traveler

makes the selection, through the use of a cursor and a selection button as viewed

on screen 18. EX1004, 7:1942.

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Figure 1 of Clagett. Clagett indicates the same methodology is used to select

nearby hotels and restaurants, which a consumer would also want to see in a list

including information about geographic proximity while still maintaining the

freedom to make the selection because proximity is just a factor to be considered.

Because taxi companies operating in a particular jurisdiction are typically

licensed to operate in the jurisdiction, the taxi companies in Clagett are authorized

transportation companies. EX1012, 51. It would be advantageous for each

vehicle in Penzias to represent an authorized transportation company as in Clagett

for several reasons including an expectation of security when a driver is from a

licensed company and the competition provided by the licensed companies. Based

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on at least these factors, a POSA would have been motivated to enable the paths in

Penzias to be associated with authorized transportation companies, as taught by

Clagett. Id.

Claim 1b: 2) prompting the consumer to insert the amount of


passengers to be traveling in the transportation
vehicle;
Penzias discloses claim 1b. EX1012, 130133. Penzias discloses that a

suitable path to the destination is determined upon receiving a request specifying

the number of passengers. EX1003, Abstract. Penzias further discloses that in

developing the routes and paths, the capacities and occupancies, or projected

occupancies, of the multipassenger vehicles are taken into account so that a

customer is not assigned a seat in a vehicle that is already, or is projected to be,

full. EX1003, 3:3135. Because a path is developed based on the number of

passengers that will travel in the vehicle is identified, Penzias implicitly prompts

the consumer to enter the passenger data. EX1012, 130133. Additionally,

Clagett discloses use of prompts from the system to enter relevant information and

to receive confirmation of an order. EX1004, 6:4859. Based on the implicit

prompt and required entry of passenger data in Penzias, and the known use of a

prompt as discussed in Clagett, a POSA would have considered it obvious for the

system in Penzias to prompt a consumer about the number of passengers, because

without such a prompt, either by providing a field to be filled on the display screen,

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or by asking the user to enter the number of passengers, the system would not

accurately arrange rides. EX1012, 130133.

Claim 1c: (3) graphically illustrating destination locations;

Penzias, Clagett, and Nimura disclose claim 1c. EX1012, 134142. As

discussed regarding claims 1a and 1-pre2 and as shown below in a portion of

figure 2 of Penzias, Penzias teaches a system wherein a customer communicates a

request for a path based on a destination location and a pick-up location via a

customer interface and display, such as display 309 in Figure 5. EX1003, 2:5258.

Id., portion of figure 2 of Penzias (EX1003). Penzias implicitly requires a graphic

illustration for the path to be selected by the user. EX1012, 134136.

As discussed with respect to the listed destinations and claim 1-pre2,

Figures 11ab of Nimura depict a touch panel enabling a user to review listed

destinations and to select a genre. Just like Figure 1 of the 619 Patent, Figure 11a

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lists destination genres and Figure 11b shows some options available in a particular

genre. EX1005.

Figure 11a of Nimura. Figure 11b of Nimura.

Clagett discloses use of a display to select taxis, hotels, restaurants, fast food

establishments, etc. for a visitor in a strange city. EX1004, 7:1942. A POSA

would have been motivated to modify Penzias by Clagett and Nimura such that the

customer interface and display of Penzias is modified by the display of Nimura for

graphically illustrating destination locations such that a visitor to a city can easily

select well-known public destinations such as hotels and restaurants without

knowing the physical address as in Nimura in addition to allowing the user to enter

a specific destination such as an address as in Penzias. EX1012, 134142.

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Claim 1d: (4) displaying the approximate fare for the number
of passengers promoted to a selected destination
and types of payment options honored by said
selected company;

Penzias and Clagett disclose claim 1d. EX1012, 143149. Penzias

discloses a computer system in Penzias in figure 4 that implements the architecture

of figures 1 and 2 (above in the overview of Penzias) with computer 201

implementing the functions of accounting unit 130. EX1003, 9:3040. Each

computer disclosed in figure 4 of Penzias is shown in figure 5 with . . . a display

309. Id., 9:4145.

Id., figure 4 of Penzias. Id., figure 5 of Penzias.

Figure 1 of Penzias depicts accounting unit 130 in communication with

personal transport server 101. Accounting unit 130 returns to personal transport

server 101 a price for each path. Id., 4:1314. Each path terminates at a selected

destination. Id., 1:4750. Personal transport server 101 relays the paths and their

corresponding prices back to the customer over the same connection over which it

had received the request from the customer. Id., 4:1417; see also 4:625:2; 5:53

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6:60; 6:5862. Routing unit 110 develops paths for the ride of each passenger

and routes for each of the multipassenger vehicles. EX1003, 2:4549. Router

server 111 maintains a complete representation of . . . [the] number in party.

EX1003, 2:4957. As shown in figure 1, router server 111 communicates with

personal transport server 101, which communicates with accounting unit 130,

enabling information to be provided to accounting unit 130 such as the number of

passengers in a party. EX1012, 143146. The path and corresponding prices are

relayed to the customer by displaying the information at customer interface 195

and display 309. Id., 77. The price is approximate because each vehicle offers

other services and the rates may vary during transit. EX1003, 4:4247; 4:5267.

Penzias thus makes obvious the factors used to calculate the approximate fare for a

path to a selected destination, such as the number of passengers, and displaying the

approximate fare.

Penzias discloses payment options honored by the company corresponding

to the selected path. Account server 133 connects to external, commercially

available credit services 138, e.g., commercial credit card data bases or telephone

customer databases. Id., 5:96:4. Such credit card databases are the same

payment options used in the 619 Patent, which discloses that a Card Reader 1300

is provided to process credit or debit card accounts. EX1001, 4:3940. The

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payment options are displayed in the same way that information is displayed about

the approximate fare at customer interface 195 and display 309. Id., 77.

Claim 1e: (5) initiating a dispatch call for an available taxi


from said selected taxi company;

Penzias and Clagett disclose claim 1e. EX1012, 150152. As discussed

above with respect to claims 1-pre2 and 1-pre3, Penzias teaches dispatch of a

vehicle, such as a taxi, when a customer selects a path and Clagett discloses that a

user depresses a button to use an autodialer that initiates a call to a designated taxi

company.

Claim 1f: (6) estimate the approximate arrival time for said
dispatched taxi.

Penzias discloses claim 1f. EX1012, 153. For example, claim 6 of Penzias

recites means for communicating to said person an estimated pick up time.

EX1003, 10:3739.

5. Claim 7 is obvious based on Penzias, Clagett, and Nimura

Penzias, Clagett and Nimura render obvious claim 7, which depends from

claim 1 and recites a confirmation display of the transportation company, fare,

number of passengers, and selected destination is illustrated. EX1012, 154159.

Penzias states that [c]onfirmation of the selected path may be supplied to the

customer and may include additional details such as the location of the transfer

points. EX1003, 6:6365. Because the selected path includes the destination,

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Penzias teaches display of the destination and a POSA would have found it

obvious that the display of the transfer points would also include information about

the transfer vehicle and its transportation company. EX1012, 154159.

A confirmation display of the fare is taught by Penzias as discussed with

respect to claims 1-pre2, 1-pre4, and 1d. For example, Penzias indicates that the

fares are forwarded to the individual who requested a ride. EX1003, 6:5362.

Additionally, as discussed regarding claim 1-pre4, Penzias indicates, with respect

to figures 4 and 5, that computer 201, which implements the functions of

accounting unit 130, has a display 309 and as shown in figures 1 and 2, accounting

unit 130 communicates with customer 150 via personal transport server 101 and

customer interface 195. Clagett describes that the screen presents a confirmation

of the order as placed, as discussed with respect to figure 6. EX1004, 6:58-59.

Confirmation of the order placed in Clagett would be displayed on the screen and

would include the amount due to be paid via the payment mechanism including the

coin slot 26 and the credit/debit card slot 28, as depicted in figure 1. EX1012,

155156.

A confirmation display of the number of passengers is taught by Penzias as

discussed with respect to claims 1b and 1d. For example, Penzias indicates that

the router server 111 maintains a complete representation of the number of passengers

in the party. EX1003, 2:4557. Router server 111, as shown in figures 1 and 2,

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communicates with customer 150 via personal transport server 101 and customer

interface 195. A POSA would expect information about the number of passengers

to be displayed as confirmation in Penzias, at least because each vehicle can only

accommodate a set number of passengers that cannot be legally exceeded and it

would be important and advantageous to provide confirmation to prevent any

miscommunication. This is further supported by the systems maintenance of

communication with the passengers and each vehicles driver to provide the drivers

with the identities, e.g., [the] names, of the passengers who are boarding and the

identities of passengers who are to alight at any particular destination. EX1003,

1:632:1.

Figure 11(c) of Nimura shows confirmation display of a selected destination,

Arashiyama, selected from the sightseeing genre by a user as provided below.

Figure 11(c) of Nimura (EX1005). Nimura states that the selected destination may

be backlighted in, say, the color blue, while the other items appear in dark blue, so

that the driver may easily confirm the selection made. Id., 4:58. By always

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causing the confirmation screen to be displayed before selecting a destination, it is

possible to eliminate the danger of being guided to a different destination and

destinations can be entered accurately. Id., 4:1115. Nimura clearly teaches the

advantages of a confirmation display of the selected destination as shown in Figure

11(c).

6. Combination of Penzias, Clagett, and Nimura

A POSA would have been motivated to combine the teachings of Penzias,

Clagett, and Nimura. EX1012, 160162. In Penzias, a consumer receives

information about path options, chooses a desired path based on factors such as the

estimated price, and may request changes to the selected path. EX1003, 3:654:23;

4:4861. A POSA would have been motivated to enable each path in Penzias to be

associated with various transportation companies such as taxi companies as taught

by Clagett, so resulting competition yields better prices and response times and

provides a consumer with greater choices based on factors such as cost, arrival time,

or perceived security offered by a well-known taxi company. EX1012, 160. A

POSA would have been further motivated to enable each path in Penzias to be

associated with various taxi companies with a link to directory information, as

taught by Clagett, to provide a consumer with additional information. EX1012,

160162.

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A POSA would have been further motivated to modify Penzias by Clagett in

view of Nimura to enable a consumer to select from listed destinations and to

receive messages about the listed destinations such as confirmation of the selected

destination as shown in figure 11c of Nimura. EX1012, 161.

In addition to being obvious under the teaching-suggestion-motivation test,

it would have also been obvious to combine Penzias, Clagett, and Nimura

according to known methods, thereby yielding predictable results. KSR Int'l Co. v.

Teleflex Inc., 550 U.S. 398, 416 (2007); MPEP 2143(A). As explained above, all

the claimed elements were known in Penzias, Clagett, and Nimura. A POSA could

have combined the path development and presentation in Penzias with the use of

data about various transportation companies as taught by Clagett and the use of the

listed destinations and confirmation of the selected destination as taught by Nimura

with no change in their respective functions, by known methods, and with each

element merely performing the same function as it does separately. EX1012,

160162. A POSA would have recognized that the results of the combination

were predictable. Id.

B. Ground 2: Claims 26 are Rendered Obvious by Penzias in view


of Clagett and further in view of Nimura, and Behr

1. Overview of Behr

Behr discloses a computerized navigation system method providing route

guidance information from a base unit to a remote unit in response to a request

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from a base unit. Behr discloses language queries performed to select a language.

EX1006, 10:47. The system in Behr enables a language query to request a list of

available languages for display of information at the mobile unit or specifies the

language (such as English or Dutch) in which the routing information is to be

displayed at the remote unit. Id., 10:5559.

2. Claim 2 is obvious based on Penzias, Clagett, Nimura, and


Behr

Penzias, Clagett, Nimura, and Behr render obvious claim 2, which recites

wherein said instruction messages may be delivered in various foreign

languages. EX1012, 164169. Because these instructional messages in

Penzias, which are discussed with respect to claim 1-pre2, are delivered to

consumers needing transportation from transportation companies a POSA would

have been motivated to make the system useful to as many consumers as possible

including tourists and other visitors who likely speak many different languages.

Id. For example, Clagett highlights the systems usefulness for a traveler or

business person desiring taxi service in a strange city. EX1004, 7:1940. A

POSA would have been motivated to modify Penzias and Clagett to provide

information, such as identification of transportation companies, estimated costs to

particular destinations, payment options, and taxi dispatch, in multiple languages

as in Behr. EX1012, 164169. The combination of Penzias, Clagett, Nimura,

and Behr thus render obvious claim 2. Id.

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3. Claim 3 is obvious based on Penzias, Clagett, Nimura, and


Behr

Penzias, Clagett, Nimura, and Behr render obvious claim 3, which depends from

claim 1 and recites wherein said destination locations selected on said computer

system illuminate when selected. EX1012, 170176. As discussed above

regarding claims 1-pre2 and 1c, Penzias discloses that a consumer selects a

destination and a path to the destination. EX1003, 2:5258. Clagett discloses that

its display screen 18 features a cursor control switch or button, which have a

conventional x-y or up-down, left-right form. EX1004, 3:5156; see also 5:2731.

When selecting a destination on the display of Clagett, there are a number of

mechanisms available to confirm that a selection was made including displaying

information over the screen at intervals or releasing the search key. Id., 1:5256.

As discussed with respect to claim 7, Nimura provides a method for

selecting a destination. Figure 11(c) of Nimura displays confirmation of a selected

destination, Arashiyama, by backlighting the selected destination in a color

(depicted with dots) that is different (depicted with no dots) from the other options.

Id., 4:58.

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Figure 11c of Nimura.

It would have been obvious to a POSA to illuminate destination locations on

a computer system such as Penzias and Clagett when selected based on the

backlighting in Figure 11c of Nimura. Additionally, Behr provides that [t]he

transmitted information further includes which of the streets is included in the

route to be travelled so that, for example, that street may be highlighted in a

graphical display. EX1006, 14:69. A POSA would have been motivated to use

the system of Penzias in combination with the displays of Clagett, Nimura, and

Behr to enable a consumer to select a destination and have visual confirmation of

the selection by illuminating the selected location. EX1012, 170176. It would

thus have been obvious to a POSA for the destination locations selected on the

computer system to be illuminated when selected. Id.

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4. Claim 4 is obvious based on Penzias, Clagett, Nimura, and


Behr

Penzias, Clagett, Nimura, and Behr render obvious claim 4, which adds a

limitation to claim 1 by reciting the step of displaying additional information on

said destination locations. EX1012, 177185. For example, Penzias discloses,

with reference to figures 1 and 2, that information may be provided by services

external to routing unit 110, e.g., road related information services 118 such as

road conditions, examples of which include: 1) road work schedules, 2) parades,

3) weather related conditions, 4) accident information, 5) historical time related

data, e.g., rush hours, holiday traffic loads, etc. EX1003, 2:603:6; see also 11:38

56 and 13:2149. Based on the disclosure of the additional information about road

conditions, which implicitly includes information about the destination locations,

this limitation is met by Penzias.

To the extent that Penzias is not considered to meet the limitation of claim 4,

Nimura discloses, as described below with reference to its figure 8, the step of

displaying additional information on the destination locations. EX1012, 179

182.

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Figure 8 of Nimura (EX1005). FIG. 8 illustrates an example of a destination list,

in which there are stored code numbers, the names of destinations, information

about parking lots, photographs of connecting intersections and parking lots, and

coordinates. Id., 7:2854.

To the extent that Penzias and Nimura are not considered to meet the

limitation of claim 4, Behr discloses, as described below with reference to its

figure 1, the step of displaying additional information on the destination

locations. EX1012, 183185.

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Figure 1 of Behr, EX1006.

Figure 1 depicts a base unit 12 communicating with a plurality 14 of remote

units from which requests are sent seeking a route between an origin and a

destination. Id. 5:672; 6:3537. After the route is calculated, the base unit 12

provides a response to the request and [t]he response is displayed on the display

46. Id., 7:13. The route is calculated by route calculator 66 using the map

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database 72. Id., 8:5052. Map data base 72 receives additional data from

information providers 82 via a third-party data integrator 80. Id., 9:4755.

Examples of additional information include on-line yellow pages information and

traffic advisory information for responding to queries from a mobile unit. Id.,

9:4849. The additional data may also be added directly to and located within the

map database 72. Id., 9:5253. The response to the request is displayed on the

display 30. Id., 7:13. The display 30 thus may display additional information on

the destination locations such as on-line yellow pages information and traffic

advisory information, which are necessarily related to the destination locations.

EX1012, 183185. The combination of Penzias, Clagett, Nimura, and Behr thus

render obvious claim 4. EX1012, 177185.

5. Claim 5 is obvious based on Penzias, Clagett, Nimura, and


Behr

Penzias, Clagett, Nimura, and Behr render obvious claim 5, which depends

from claim 1 and recites wherein said destination locations is characterized as

attractions, restaurants, hotels and neighborhoods. EX1012, 186189. Penzias

enables a customer to travel to any destination, which implicitly includes the

destinations such as those recited in claim 5. Id. Clagett explicitly lists

destinations such as restaurants, hotels, etc. EX1004, 7:42.

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Nimura depicts destinations such as sightseeing attractions, dining

destinations, and lodgings in Figure 11a. Id., 3:644:15.

Figure 11(a) of Nimura.

Nimura explicitly lists in figure 1, region name list 14, which includes

neighborhoods, as shown below.

Figure 1 of Nimura (EX1005). For example, figure 25a of Nimura shows Kyoto as

the region name.

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Figures 25(a)(b) of Nimura.

Behr explicitly lists point of interest categories, such as parks, schools,

hospitals, restaurants, and golf courses associated with the geographic

information. EX1006, 8:5961. A POSA would have been motivated to use the

system of Penzias for transportation to a destination such as those discussed in

Clagett, Nimura, and Behr including other destinations such as particular

neighborhoods. EX1012, 186189. The combination of Penzias, Clagett,

Nimura, and Behr thus render obvious claim 5. EX1012, 84.

6. Claim 6 is obvious based on Penzias, Clagett, Nimura, and


Behr

Penzias, Clagett, Nimura, and Behr render obvious claim 6, which depends

from claim 1 and recites wherein said graphically illustrating destination locations

includes an enlarged map with streets names and directions to said locations.

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EX1012, 190198. Penzias develops various paths for a customer traveling to a

destination, thereby providing the customer with street names and directions to the

location because Penzias states that the path specifies the roads over which a rider

will travel as well as the particular ones of said vehicles that said rider will ride in

and the locations of any transfers that said rider must take. EX1003, 11:5056;

see also 2:603:6.

Nimura indicates that the display unit can output guidance information

relating to a course leading to a desired destination in accordance with the path

sequence a, b, c, . . . shown in FIG. 2. EX1005, 6:69.

Figure 2 of Nimura.

Further, Behr indicates that [t]he display may be a graphical display,

showing map portions and providing travel directions along with a display of

highway signs and other information. EX1006, 4:2931. The map portions in

Behr may be equated with the enlarged map recited in claim 6 because the map

portions are necessarily enlarged portions of a map so that the route may be easily

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viewed. EX1012, 195197. It would thus have been obvious to a POSA for the

graphically illustrated destinations to include an enlarged map with street names

and directions to said locations. Id., 190198.

7. Combination of Penzias, Clagett, Nimura, and Behr

A POSA would have been motivated to combine the teachings of Penzias,

Clagett, and Nimura with the teachings of Behr to arrive at the claimed invention.

EX1012, 199200. Penzias and Clagett relate to systems for those needing

transportation, which is a group of people that often includes tourists and other

visitors. Id. Because such consumers often speak languages other than the

primary language in which the system is used and many locations have

multilingual populations, it would have been advantageous for the systems of

Penzias, Clagett, and Nimura to use the ability of Behr to function in more than

one language. Id. Additionally, a POSA would have been motivated to replace the

use of media in Clagett to obtain a list of taxi companies with the links to

information providers in Behr including on-line yellow pages information.

EX1006, 9:4849.

In addition to being obvious under the teaching-suggestion-motivation test,

it would have also been obvious to combine Penzias, Clagett, Nimura, and Behr

according to known methods, thereby yielding predictable results. KSR Int'l Co. v.

Teleflex Inc., 550 U.S. 398, 416 (2007); MPEP 2143(A). As explained above, all

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the claimed elements were known in Penzias, Clagett, Nimura, and Behr. A POSA

could have combined the path development and presentation in Penzias with the use

of data about various transportation companies as taught by Clagett, the use of the

listed destinations and confirmation of the selected destination as taught by Nimura,

and the features of Behr discussed with respect to claims 26 such as foreign

language capabilities, illuminating selections, and access to additional information

about destinations locations; with no change in their respective functions, by known

methods, and with each element merely performing the same function as it does

separately. EX1012, 199200. A POSA would have recognized that the results

of the combination were predictable. Id.

Each element of claims 26 is described in or taught by the combination of

Penzias, Clagett, Nimura, and Behr. Additionally, claims 26, when considered as

a whole would be obvious based on the combination of Penzias, Clagett, Nimura,

and Behr. EX1012, 199200.

C. Ground 3: Claims 1 and 7 are Rendered Obvious by Grasset in


view of Wendt

1. Overview of Grasset

Grasset provides a system for a pedestrian to choose a destination and a

driver by communicating via a transmitter/receiver means, which each feature a

display, and to pay for the transportation with an electronic payment means.

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Figures 1 and 4C show a transmitter/receiver means 100 with a keyboard 104, a

microphone 110, and a display 112.

EX1007, figure 1 EX1007, figure 4C

Each driver uses a transmitter/receiver means 200 that appears and functions

like transmitter/receiver means 100 used by a pedestrian. EX1007, 2:3563. The

transmitter/receiver means 200 comprises a memory 212 containing information

for identification of the vehicle and/or of the vehicle driver. Id., 2:6467. Each

driver may also use a memory medium 232 such as a microcomputer card

providing the drivers identity, a code number, and the identity of the drivers

vehicle. Id., 4:2630, 4:3637, and 4:5967.

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A pedestrian sends a request for a ride, is matched with a driver, and then

has a dialogue, via radios or computers, with the driver to reach an agreement. Id.,

6:1334. The pedestrian may select from a group of drivers by sequentially

considering other offers for a ride. EX1012, 224. After the pedestrian selects the

driver then the vehicle is automatically dispatched to the pedestrian based on the

request signal, which represents the destination desired by the pedestrian and the

location of the pedestrian transmitting the request signal. Id., 11:3050.

A consumer may select a destination from a map, wherein destinations are

associated with codes and the map and destinations are displayed on a display of

transmitter-receiver. Id., 10:2953. Each transmitter-receiver is endowed with a

memory which is loadable from geographical maps with a microcomputer. Id.,

10:3234. These geographical maps contain a grid pattern of coded [itineraries] in

cities or in regions. Id., 10:3540. The pedestrian, uses a transmitter/receiver to

select a destination, which is displayed . . . in the read window of [the]

transmitter-receiver. Id., 10:4344. The transmitter-receiver transposes into

transmission-reception frequencies the code numbers of the destinations. Id.,

10:4143.

The destinations may be zones corresponding to large built-up areas of a city

or regions. Id., 5:1923; 10:5253. For example, the city of Paris may be

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partitioned into twenty parts corresponding to the twenty districts of the city, as

shown in figure 5. Id., 5:2123.

EX1007, figure 5. In addition to electronically displaying a map on a transmitter-

receiver with a code corresponding to each destination or zone (id., 10:3253),

Grasset also discloses another embodiment wherein the map is a geographic

booklet as depicted in figures 4B and 5. Id., 4:913.

Grasset uses a payment honoring system wherein each pedestrian and driver

has a card associated with an account that is credited and debited and is

electronically stored. Id., 4:5963; 5:1018; 9:1220. Figure 10 depicts an

agreement being reached and the approximate fare being displayed.

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EX1007, figure 10.

2. Overview of Wendt

Wendt, which was cited in the 619 Patent, provides a station for a consumer

to request transportation via a central computer linked to a vehicle fleet. As shown

in figure 2, station 25 has a passenger-operated selector 10 displaying a map and

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bearing pushbutton switches 32 at points on the map corresponding to the other

stations (destinations). EX1008, 3:2528. A fare collector 16 displays the amount

of the fare and a ticket dispenser 13 dispenses a ticket upon payment. Id., 3:2831.

EX1008, figure 2

Selector 10 works with a coder/decoder and register 11, to communicate with

a central computer at a central office for an automated dispatch of a vehicle to the

passengers location. Id., 1:4549; 3:2831. An answer-back unit 14 (e.g. an

illuminated sign) reports the arrival, from the central office, of a signal confirming

the processing of the destination selection by the computer 1. Id., 3:3639. A

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signal from the computer, also stored in that register, operates an indicator 12 to

display the expected time of arrival of the dispatched vehicle. Id., 2:68; 2:3336.

3. Claim 1 is obvious based on Grasset and Wendt

Each element of claim 1 is described in or taught by Grasset or Wendt and

when claim 1 is considered as a whole it would have been obvious based on the

combination. EX1012, 201. To the extent the preamble is found to be limiting, the

various sections of the preamble are listed below with citations to some of the

relevant sections from Grasset and Wendt.

Claim 1-pre1: A method as implemented on a computer


system for use by a consumer

Grasset discloses a computer system with portable transmitter/receiver means

used by consumers (pedestrians) to arrange for transportation. EX1007, Abstract.

Claim 1-pre2: said method for delivering instructional


messages to said consumer regarding
private transportation companies and
estimated costs for hiring said
transportation company for transporting
said consumer to listed destinations and

Grasset discloses a system for drivers of vehicles to deliver instructional

messages to a consumer regarding offers to transport the consumer and estimated

costs for transporting the consumer to a destination. EX1012, 202221.

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Communication between a pedestrian and a driver is enabled, as shown in

Figures 1 and 4C, through a pedestrians transmitter/receiver means 100 with a

keyboard 104, a microphone 110, and a display 112. EX1007, 2:3563; 1:3843.

EX1007, figure 1 EX1007, figure 4C

Each driver has a transmitter/receiver means 200 appearing and functioning like

pedestrians transmitter/receiver means 100, as shown in figure 3. Id., 2:3563.

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EX1007, figure 1.

Grasset also discloses that [t]he invention applies to any type of vehicle, but

particularly to private vehicles. Id., 9:910. It would have been advantageous to

consumers for the private vehicles, which are not centrally controlled in Grasset, to

be driven by drivers representing different entities so that the drivers present

competing options for the consumer.

The drivers transmitter/receiver means 200 comprises a memory 212

containing information for identification of the vehicle and/or of the vehicle driver

. . . with a view to electronic payment and a credit memory 220. EX1007, 2:64

3:2. The estimated cost for the transportation to a particular destination is based on

the distance and a rate per kilometer. Id., 7:4753. As shown in figure 10, the

driver presses on a key, at step 332, in order to indicate to the pedestrian the price

of the shared kilometer and [t]he reader displays this price on the display 236.

Id.

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Grasset discloses that a consumer may select a destination from a map with

destinations that are zones corresponding to large built-up areas of a city or

regions, which are each associated with a code and displayed on a display of

transmitter-receiver or a booklet. EX1007, 10:2953. For example, the city of

Paris may be partitioned into twenty parts corresponding to the twenty districts of

the city, as shown in figure 5. Id., 5:1923.

EX1007, figure 5.

To the extent that the map with geographic zones in Grasset is not

considered to disclose listed destinations, Wendt discloses that a consumer may

select a destination from listed destinations. In particular, Wendt discloses the use

of a destination selector exhibiting a map and bearing pushbutton switches on

points on the map corresponding to various stations. EX1012, 218. A map with

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destinations graphically illustrated on a map as disclosed by Grasset combined

with a map that graphically illustrates stations as disclosed by Wendt would make

it obvious to a POSA to merely list such destinations. Id. Some additional

relevant sections from Grasset and Wendt regarding claim 1pre-2 and listed

destinations are cited below.

Claim 1-pre2 Grasset and Wendt


said method for Grasset discloses:
delivering instructional Each transmitter-receiver is endowed with a
messages to said memory which is loadable from geographical maps
consumer regarding with a microcomputer.
private transportation
companies and These geographical maps contain a grid pattern of
estimated costs for coded itineries [sic] in cities or in regions; they
hiring said supply to the transmitter-receiver, with which they
transportation company are associated, the transmission frequencies
for transporting said corresponding to the itineries [sic] sought, as well
consumer to listed as the location of the pedestrian (as an accessory to
destinations and the motor vehicle).
The transmitter-receiver transposes into
transmission-reception frequencies the code
numbers of the destinations, displayed by each of
the participants in the read window of their
transmitter-receiver. . . .
The geographical maps of digitized trips may be
divided up by regions and/or large built-up areas.
The location of the pedestrian and thus the
effectiveness of the matching are optimized by the
fineness of the geographical grid pattern, which
can be given concrete, visible form via marker
posts locating the pedestrian by the number of the
post.
Id., 10:3258.

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Wendt discloses:
As shown in FIG. 2, each station 25 has a
destination selector 10 exhibiting a map of the
system and bearing pushbutton switches 32 at
points on the map corresponding to the other
stations. This selector 10 works in a coder/decoder
and register 11 which is connected via the
associated communication channel 3 to the central
office 26. A fare collector 16 and a ticket dispenser
13 are controlled by selector 10, the dispenser
issuing a ticket only upon insertion of one or more
coins or tokens (in an amount displayed by the
collector on instruction from the selector) or
presentation of a pass to a scanner not shown. An
answer-back unit 14 (e.g. an illuminated sign)
reports the arrival, from the central office, of a
signal confirming the processing of the destination
selection by the computer 1; if this signal is not
forthcoming, the prospective rider may press a
button on selector 10 to cancel the booking made
and to recover his fare, such cancellation being
prevented by the reception of the answer-back
signal in register 11. A signal from the computer,
also stored in that register, operates an indicator 12
to display the expected time of arrival of the next
vehicle headed for the selected destination or,
possibly, for an intermediate transfer point.
EX1008, 3:2557.
Figure 2 of Wendt is provided below:

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Id., figure 2.

Claim 1-pre3: further providing an automated taxi


dispatch and

Grasset and Wendt discloses a method that enables a vehicle to be

automatically dispatched to the consumers location. EX1012, 216, 220. In

Grasset, a consumer sends a request signal based at least on identification of the

destination wanted, and in the event of a match between the data related to a trip

wanted by a consumer and a trip being undertaken by a vehicle then the driver

transmits a pick-up offer signal to the transmitter/receiver means of the consumer.

EX1007, 11:3050; 3:535. The automatic dispatch is initiated based on an

exchange of coded data on the location of the pick-up of the pedestrian by the

vehicle and possibly as to the identity of the pedestrian, the vehicle driver and/or

the vehicle. Id., 3:4551. After the exchange, the vehicle is automatically

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dispatched to the pick-up location. Id., 6:4456. Alternatively, after the consumer

receives the offer signal, the pedestrian and the driver of the vehicle may engage in

a direct dialogue by means of microphones 110, 214; transmitters 106, 208; and

receivers 108, 210 to specify the pick-up location. Id., 3:3644. These various

exchanges can be facilitated by the display of geographical data and/or of the

identities exchanged on the display means 112 and 216. Id., 3:5254.

To the extent that Grasset is not considered to disclose automated taxi

dispatch, Wendt, which is titled Computerized Dispatching System, discloses a

dispatching system for a fleet of . . . taxicabs. EX1008, 1:1214. These objects

are attained . . . by means of a dispatching system wherein a central computer is

linked by telecommunication to each vehicle of a fleet and to a multiplicity of

stations served thereby. Additional relevant content from Grasset and Wendt is

recited with respect to claims 1a and 1e.

Claim 1-pre4: payment honoring system, said method


comprising the steps of

Grasset and Wendt disclose claim 1-pre4. EX1012, 213, 219. In

particular, Grasset teaches an electronic payment system with cards that are

debited by the amount of the transport and Wendt discloses a payment honoring

system that uses coins and tokens. Id. Some of the relevant content from Grasset

and Wendt regarding claim 1pre-4 is cited below.

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Claim 1-pre4 Grasset and Wendt


payment honoring Grasset discloses:
system, said method [E]lectronic payment means which comprise a
comprising the steps memory medium 120 designed to be debited by
of: appropriate means provided at the FOCUS 2 site.
In essence, as represented in FIG. 2, the memory
medium 120 used for the electronic payment
comprises a central unit 122 associated with a
central management memory 124, with a credit
memory 126 and with a debit memory 128.
EX1007, 8:5053.
Figure 2 of Grasset is provided below.

EX1007, Figure 2.
Grasset also discloses:
[T]o permit access to the debit file of the card of
the pedestrian the driver presses the validation key
at step 386. The card 120 of the pedestrian is then
debited by the amount of the transport.
EX1007, 8:5055.
Grasset additionally discloses:
The driver can obtain payment for the value
contained in the credit memory of his card 232
from central bodies supplying these cards.
Id., 9:5964.
Wendt discloses:

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[E]ach station has a panoramic destination selector


whereby the rider need merely actuate a
corresponding switch or a pair of co-ordinated
switches in order to receive his ticket upon
payment of the requisite fare, if any, or the
insertion of a token or a valid pass.
EX1008, 2:16; see also 3:3136.

Claim 1a: (1) displaying a list of authorized transportation


companies for selection by the operator of the
computer;

Grasset discloses claim 1a. EX1012, 222225. As discussed with respect

to claim 1-pre3, Grasset discloses that a pedestrian, the operator of the computer,

sends a request for a ride and is matched with a driver. Grasset teaches that each

driver is authorized because each driver must use a card that provides the drivers

identity, a code number, and the identity of the drivers vehicle and that the card

owners must periodically visit a central office to update or verify the information

on the cards. EX1007, 4:595:6. The pedestrian may select from a group of

drivers by opting to accept another offer for a ride from a different driver after a

dialogue with a first driver. EX1012, 222225. The list of authorized drivers

may thus be sequentially displayed. Id. It would have been further obvious to

simultaneously list some of the drivers so that the pedestrian could select from

among the drivers based on a variety of factors such as cost and proximity. Id.

Some of the relevant sections from Grasset regarding claim 1a are cited below.

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Additional relevant sections from Grasset and Wendt are recited with respect to

claims 1-pre3 and 1e.

Claim 1a Grasset
(1) displaying a list of Grasset discloses:
authorized The display means 112, 216 provided on the
transportation transmitter/receiver means 100, 200 may be
companies for selection provided to display the destination requested by
by the operator of the the pedestrian and/or the location of the pedestrian
computer; and/or of the vehicle as well as, if needs be, the
identity of the pedestrian and of the vehicle.
EX1007, 9:2833.
Grasset additionally discloses:
A larger number of carriers may then receive the
shared route request transmitted by the pedestrian.
. . . [T]he cards 120 and 232 make it possible to
exchange and to check the identities of the
pedestrians, of the vehicle drivers and of the
vehicles and to carry out all the payment
operations. . . . the card comprises, on its face, the
identity of its owner, namely his name, and his
forename, as well as a code number. Moreover,
the card comprises, in a security area, the identity
of the owner of the card. In the case of a card held
by a vehicle driver, the card 232 further contains
information relating to the identity of the vehicle.
Id., 4:525:6.

Claim 1b: 2) prompting the consumer to insert the amount of


passengers to be traveling in the transportation
vehicle;
Grasset and Wendt disclose claim 1b. EX1012, 226228. Grasset

indicates that a consumer may indicate the number of passengers that will travel in

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the vehicle. EX1007, 9:5658. Wendt teaches that it is advantageous to monitor

the number of passenger in vehicles, such as taxis, to determine whether a vehicle

has free space. EX1008, 4:6364. The stations have ticket dispensers or other

passenger-operated devices which supply the central computer with data on the

number of persons waiting at each stop and on their destinations. Id., 1:4552.

Based on the combined teachings, it would have been obvious to a POSA to

modify Grasset to prompt the consumer to enter the number of passengers needing

a ride. EX1012, 226228. Some of relevant sections from Grasset and Wendt

regarding claim 1b are below.

Claim 1b Grasset and Wendt


2) prompting Grasset discloses:
the consumer to The system may be designed to allow more than one
insert the passenger with or without a financial share in the
amount of distances jointly covered.
passengers to be
traveling in the EX1007, 9:5658.
transportation Wendt discloses:
vehicle;
A ticket reader 21 feeds destination information into the
register 20 so that the central computer 1, upon
periodically sampling this register, may know how many
passengers have boarded and whither they are bound.
EX1008, 3:5866.

Claim 1c: (3) graphically illustrating destination locations;

Grasset and Wendt disclose claim 1c. EX1012, 229231. As discussed

regarding claim 1-pre2, Grasset discloses that a consumer may select a destination

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from a map with graphically illustrated destinations such as regions or large built-

up areas of a city displayed on a display of transmitter-receiver. EX1007, 10:29

53; see also 4:513; 5:1923. To the extent that Grasset is not considered to

disclose graphically illustrating destination locations, Wendt discloses the use of a

destination selector exhibiting a map and bearing pushbutton switch on points on

the map corresponding to various stations. EX1008, 3:2557. The combined

teachings of Grasset and Wendt would have made it obvious to a POSA to feature

a map with destination locations graphically illustrated on the map. EX1012,

229231. Some of the relevant content from Wendt regarding claim 1c are cited

below.

Claim 1c Wendt
(3) Wendt discloses:
graphically As shown in FIG. 2, each station 25 has a destination selector
illustrating 10 exhibiting a map of the system and bearing pushbutton
destination switches 32 at points on the map corresponding to the other
locations; stations. This selector 10 works in a coder/decoder and register
11 which is connected via the associated communication
channel 3 to the central office 26.
EX1008, 3:2531.

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Id., figure 2.

Claim 1d: (4) displaying the approximate fare for the number
of passengers promoted to a selected destination
and types of payment options honored by said
selected company;

Grasset and Wendt disclose claim 1d. EX1012, 232235. As discussed

with respect to claim 1b, it would have been obvious to a POSA to modify Grasset

to prompt the consumer to enter the number of passengers needing a ride based on

the teachings in Wendt that it is advantageous to monitor the number of passengers

in vehicles, such as taxis, to determine whether a vehicle has free space. Further,

Grasset discloses a display with an approximate fare to a selected destination.

EX1007, 7:4043, 7:4755, 7:658:6, 9:2833, and 9:5658. These cited sections

of Grasset disclose an electronic payment system with cards that are debited by the

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amount of the transport, as discussed regarding claim 1-pre4. The types of

payment options honored by the selected company in Grasset include payment in

various currencies. Id., 7:658:6.

Additionally, Wendt uses a fare collector that displays the amount due for

transport to a selected destination, which may be paid with coins or

tokens. EX1008, 3:2557. Grasset could be modified to accept tokens, like Wendt,

in addition to the debit pedestrian cards in various currencies. EX1007, 9:1119.

Based on the combined teachings of Grasset and Wendt, it would have been

obvious to a POSA to display the approximate fare for the number of passengers

promoted to a selected destination and types of payment options honored by said

selected company such as debit pedestrian cards in various currencies or tokens.

EX1012, 232235.

Claim 1d Grasset and Wendt


(4) displaying Grasset discloses:
the approximate The driver may judge, on the basis of the kilometrage
fare for the anticipated to reach the destination, whether the credit is
number of sufficient.
passengers
promoted to a The driver then presses on the PKM key, at step 332, in
selected order to indicate to the pedestrian the price of the shared
destination and kilometer. The reader displays this price on the display
types of payment 236. The driver is at liberty to fix this price but he may
options honored also agree [to] a price with the pedestrian, as he may very
by said selected well offer him the shared transport free of charge.
company; EX1007, 7:4755.

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Grasset also discloses:


The system may be designed to allow more than one
passenger with or without a financial share in the
distances jointly covered.
Id., 9:5658.
Grasset additionally discloses:
The reader 234 at step 330 loads the credit file from the
card of the pedestrian 120 and displays the total of the
credit available on the display screen 236 of the reader.
Id., 7:4043.
Grasset further discloses:
It can be anticipated that if the pedestrian makes his
payment in another currency, the driver presses on the
correction key as many times as is necessary in order to
cause the desired currency to appear on the display
screen.
Id., 7:688:4.
Wendt discloses:
A fare collector 16 and a ticket dispenser 13 are
controlled by selector 10, the dispenser issuing a ticket
only upon insertion of one or more coins or tokens (in an
amount displayed by the collector on instruction from the
selector) or presentation of a pass to a scanner not
shown.
EX1008, 3:3136.

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Id., figure 2.

Claim 1e: (5) initiating a dispatch call for an available taxi


from said selected taxi company;

Grasset and Wendt disclose claim 1e. EX1012, 236239. As discussed

with respect to claims 1pre-3 and 1a, Grasset and Wendt disclose systems for

displaying a list of authorized transportation companies for selection by a

consumer and automated taxi dispatch. In Grasset, the dispatch is initially

requested by a consumers request signal and in the event of a match between the

data related to a trip wanted by a consumer and a trip being undertaken by a

vehicle then the driver transmits a pick-up offer signal. Id. A vehicle may also be

dispatched just based on the exchanged codes. EX1007, 3:4549. Grasset

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indicates that the vehicles in its system may be any vehicles while Wendt relates to

a fleet of taxicabs as discussed above with respect to claim 1-pre3. Wendt

discloses that a dispatch call is initiated in its system when a consumer purchases a

ticket after pushing a button on a destination selector at a station to indicate a

desired destination. EX1008, 3:2539. In addition to the relevant sections from

Grasset and Wendt recited above with respect to claims 1pre-3 and 1a, additional

sections are cited below.

Claim 1e Grasset and Wendt


(5) initiating a Grasset discloses:
dispatch call The request signal thus generated by the set of FOCUS 1
for an available systems are received in the receiver modules 210 of the
taxi from said FOCUS 2 systems. In the event of a match between the
selected taxi data relating to the trip wanted by a pedestrian represented
company; by a request signal received, and the trip being undertaken
by a vehicle, the driver of the latter may instigate the
transmission, by means of the transmitter module 208 of a
pick up offer signal.
EX1007, 6:1341.
Grasset discloses:
It is also possible to envisage this definition phase for the
precise pick up modes being carried out not in the form of
a direct dialogue but in the form of an exchange of coded
data on the location of the pick up of the pedestrian by the
vehicle.
Id., 3:4549.
Wendt discloses:
An answer-back unit 14 (e.g. an illuminated sign) reports
the arrival, from the central office, of a signal confirming
the processing of the destination selection by the computer

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1. . . . A signal from the computer, also stored in that


register, operates an indicator 12 to display the expected
time of arrival of the next vehicle headed for the selected
destination or, possibly, for an intermediate transfer point.
Id., 3:3647.

Claim 1f: (6) estimate the approximate arrival time for said
dispatched taxi.

Grasset and Wendt disclose claim 1f. EX1012, 240243. As discussed

above at claims 1-pre2, 1-pre3, 1a, and 1e, Grasset discloses a method for a

dialogue between the consumer/pedestrian and driver of the dispatched

vehicle. EX1007, 6:1341. Grasset discloses the use of a system to determine the

distance between the driver and the consumer and the time may be estimated based

on the distance. Id., 10:1021. Additionally, Grasset enables the consumer and

the driver to discuss the estimated time. EX1012, 241. To the extent that the

teachings of Grasset are not considered sufficient with respect to claim 1e, Wendt

specifically teaches that its system displays the expected time of arrival of the

dispatched taxi. Some of the relevant sections from Grasset and Wendt regarding

claim 1f are cited below.

Claim 1f Grasset and Wendt


(6) estimate the Grasset discloses:
approximate A radio compass then permits the axis between the vehicle
arrival time for and the pedestrian to be known. A distance-measuring
said dispatched system coupled to the radio compass then permits the
taxi. distance which separates the vehicle from the pedestrian to

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be known. The driver thus receives the information coming


from the equipment of the pedestrian, either visually on a
screen inside the vehicle, or by an audible signal indicating
the angle between the axis of movement of the vehicle and
the position of the pedestrian as well as the distance
separating them.
EX1007, 10:1021.
Wendt discloses:
An answer-back unit 14 (e.g. an illuminated sign) reports the
arrival, from the central office, of a signal confirming the
processing of the destination selection by the computer 1. . . .
A signal from the computer, also stored in that register,
operates an indicator 12 to display the expected time of
arrival of the next vehicle headed for the selected destination
or, possibly, for an intermediate transfer point.
EX1008, 3:3647.
Wendt also discloses:
A speed sensor on each vehicle may be in constant or
intermittent communication with the central computer so
as to aid in the calculation of arrival times.
Id., 2:3336.

4. Claim 7 is obvious based on Grasset and Wendt

Grasset and Wendt render obvious claim 7, which depends from claim 1 and

recites that a confirmation display of the transportation company, fare, number of

passengers, and selected destination is illustrated. EX1012, 244. Claim 1d

establishes that it would have been obvious based on the combination of Grasset

and Wendt to display the fare, number of passengers, and the selected destination.

It would also have been obvious based on Grasset to display the transportation

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company because Grasset indicates that [t]hese various exchanges can, if needs be,

be facilitated by the display of . . . the identities exchanged on the display means 112

and 216. EX1007, 3:4954. Because the identities are exchanged, the consumer can

view a display with the identity of the driver, which is the same as the transportation

company recited in claim 7. EX1012, 244. Additionally, the display in Grasset is

a confirmation display because claim 12 of Grasset states that the

transmitter/receiver means comprise display means for displaying said codes

transmitted in the request signals. EX1007, 12:2224. This display provides a

confirmation to a consumer and to a driver. EX1012, 244. Further, Grasset states

that the drivers display 236 comprises two lines of sixteen LCD alphanumeric

characters making it possible to display the data inserted by the driver so that he can

either check if any input error has been committed or correct if an input error has

been committed. EX1007, 5:3944. Like the drivers display 236, the pedestrians

display in Grasset provides the same confirmation of information to check for

errors. EX1012, 244.

5. Motivation to Combine Grasset and Wendt

A POSA would have found it obvious and would have been motivated to

combine the teachings of Grasset with the teachings of Wendt to arrive at the

claimed invention. EX1012, 245. A POSA would have been motivated to

combine Wendt with Grasset to improve some of the features of Grasset. For

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example, Wendt discloses tracking vehicles speeds by communicating with a central

computer to calculate arrival times, which are provided to the consumers. EX1008,

2:3336; 3:3647; 10:1016. It would have been advantageous for Grasset to

enable the pedestrians transmitter/receiver means 100 and drivers

transmitter/receiver means 200 to communicate with a central computer tracking

each vehicles speed to display accurate arrival times to the pedestrians and the

drivers as an improvement on merely transmitting the distance between the driver

and the pedestrian to the driver for estimating the arrival time based on the speed of

the vehicle. EX1008, 10:1021; EX1012, 245. This improvement, which was

readily available, would ensure a consumer is present and ready when the vehicle

arrives. EX1012, 245.

Each element of claims 1 and 7 is described in or taught by Grasset or

Wendt. Additionally, each claim, when considered as a whole would have been

obvious based on the combination of Grasset and Wendt. EX1012, 245.

D. Ground 4: Claim 2 is Rendered Obvious by Grasset in view of


Wendt, and further in view of Behr

1. Discussion of Grasset, Wendt, and Behr

Overviews of Grasset and Wendt are provided above with respect to Ground

3. An overview of Behr is provided above with respect to Ground 2.

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2. Claim 2 is obvious based on Grasset, Wendt, and Behr

Grasset, Wendt, and Behr render obvious claim 2, which recites wherein

said instruction messages may be delivered in various foreign languages.

EX1012, 247248. The phrase said instruction messages refers to the phrase

in the preamble of claim 1 which indicates that the instructional messages relate to

private transportation companies and estimated costs for hiring said transportation

company for transporting said consumer to listed destinations and further

providing an automated taxi dispatch and payment honoring system. EX1001,

6:2126. Because these instructional messages relate to transportation companies

such as taxis, a POSA would expect the system to be used by visitors speaking

many different languages. EX1012, 247248. Grasset indicates the [t]he

reader 234 may be designed to recognize and convert different currencies, display

their conversion rates, memorize and allow digital modification of the memorized

rates. EX1007, 9:4447. Because Grasset enables conversions for foreign

currency, a POSA would have been motivated to further modify the system of

Grasset to communicate in foreign languages such as the computerized navigation

system of Behr. EX1012, 248. The system in Behr enables a language query to

request a list of available languages for display of information at the mobile unit

or specifies the language (such as English or Dutch) in which the routing

information is to be displayed at the remote unit. EX1006, 10:5559.

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Each element of claim 2 is described in or taught by the combination of

Grasset, Wendt, and Behr. Also, claim 2, when considered as a whole would have

been obvious based on the combination of Grasset, Wendt, and Behr. EX1012,

247248.

3. Motivation to Combine Grasset, Wendt, and Behr

A POSA would have found it obvious and been motivated to combine the

teachings of Grasset and Wendt with the teachings of Behr to arrive at the claimed

invention. EX1012, 249. The combination rationale for Grasset and Wendt

provided above with respect to Ground 3 also applies to Ground 4. Grasset

provides a system for transporting pedestrians in cities such as Paris and provides

for currency conversions because the pedestrians would include visitors from other

countries. These visitors to Paris who would speak a variety of languages so it

would have been advantageous for the system of Grasset to be modified with the

ability of Behr to function in more than one language. EX1012, 249.

E. Ground 5: Claims 36 are Rendered Obvious by Grasset in view


of Wendt, and further in view of DeLorme

1. Overview of DeLorme

DeLorme provides a rich disclosure about a computer-aided routing system

that determines a travel route between a user selected travel origin and travel

destination. EX1009, Abstract. Its database incorporates travel information

selected from a range of multimedia sources about the transportation routes,

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waypoints, and geographically locatable points of interest (POIs) selected by the

user along the travel route. Id. The system presents a user-customized travelog for

preview on the computer display of the user defined travel route. Id. The travel

plan can also be previewed in printed form as shown in figure 1N, provided below.

EX1009, figure 1N.

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2. Claim 3 is obvious based on Grasset, Wendt, and DeLorme

Grasset, Wendt, and DeLorme render obvious claim 3, which depends from

claim 1 and recites wherein said destination locations selected on said computer

system illuminate when selected. EX1012, 251254. Grasset discloses that

[t]he display means 112, 216 provided on the transmitter/receiver means 100, 200

may be provided to display the destination requested by the pedestrian. EX1007,

9:2833. A POSA would have expected the selected destination in Grasset to be

illuminated so that the pedestrian will be able to see the text on the LCD screen

making it possible to display the data to check if any input error has been

committed or correct if an input error has been committed. Id., 5:40-44.

To the extent that Grasset is not considered to disclose that the destination

locations selected on the computer system illuminate when selected, DeLorme

discloses that [t]he user can engage in manual input of individual POIs by

clicking at points, symbols or place names on the map display. EX1009, 16:13

15. Further, DeLorme discloses that the system permits the user to locate, click

on or otherwise choose such nodes or possible waypoints and POIs in order to

develop his or her individual travel plan. Id., 5:5254; see also 10:5154. It

would thus have been obvious to a POSA to modify Grasset with the specific

teaching in DeLorme to illuminate the selected destination on the screen of the

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portable transmitter/receiver means like when a mouse is clicked. EX1012, 251

254.

3. Claim 4 is obvious based on Grasset, Wendt, and DeLorme

Grasset, Wendt, and DeLorme render obvious claim 4, which adds a

limitation to claim 1 by reciting the step of displaying additional information on

said destination locations. EX1012, 255259. For example, DeLorme

discusses its figure 1A as depicting a user 103 selecting a particular lakeside

location 124 on a digital map that is marked with an X and then displaying

additional information about the lakeside location 124. EX1009, figure 1A and

14:4615:6.

EX1009, figure 1A.

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DeLorme states

The user's choice of a particular location prompts a


multimedia presentation 120 of information related to the
selected place e.g. stills or video pictures of the lake,
local events, places to stay or eat, attractions and
recreational opportunities, related text or audio narrative,
local history, lore, even complex or extensive data on
topographic, environmental, demographic, real estate or
marketing information, etc. The multimedia presentation
is illustrated by the graphic image of a view of the lake,
sailboat and mountains on the far shore, in the window
120, accompanied by related audio output 107 or 108.
CARPS 100 enables a user to prompt a multimedia
presentation 120 on a location 124, or group of locations,
selected from within a digital or electronic mapping
system 122, equipped to do routing functions and
displays 123.

Id., 10:5911:6.

DeLorme further provides that [t]he location can also be identified by

words or symbols along a displayed route on the underlying digital map screen

122, by selection from a list of place names or from a list of types of locations, or

by other routine or state of the art inputs. Id., 14:1317.

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4. Claim 5 is obvious based on Grasset, Wendt, and DeLorme

Grasset, Wendt, and DeLorme render obvious claim 5, which depends from

claim 1 and recites wherein said destination locations is characterized as

attractions, restaurants, hotels and neighborhoods. EX1012, 260262. As

discussed with respect to claim 4, DeLorme enables a customer to select a

destination that may be places to stay or eat, attractions and recreational

opportunities. EX1009, 14:2122. DeLorme additionally recites in its claim 14

that various points of interest POIs may include restaurants, hotels/motels,

cities, municipalities, settlements, routes, transportation services such as airports,

ferries, and railroads, parks, recreation areas, campgrounds, hospitals, zoos,

museums, tourist and sightseeing attractions, and other geographical landmarks.

Id., 57:1723. Based on the disclosure in DeLorme of destinations that may be

cities, municipalities, and settlements, it would have been obvious to a POSA for a

destination to be a neighborhood. EX1012, 260262.

5. Claim 6 is obvious based on Grasset, Wendt, and DeLorme

Grasset, Wendt, and DeLorme render obvious claim 5, which depends from

claim 1 and recites wherein said graphically illustrating destination locations

includes an enlarged map with streets names and directions to said locations.

EX1012, 263266. Figure 1K of DeLorme, provided below, depicts a screen

showing use of an enlarged map with street names and directions to a destination.

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Ex1009, figure 1K.

DeLorme describes box 152 in Figure 1K as a form of routing computation

output including a list of waypoints, routes, compass directions, nearby town, time

and distance estimates for route segments and the overall route. EX1009, 17:13

16. DeLorme thus discloses graphically illustrated destination locations including

an enlarged map with streets names and directions to said locations.

6. Motivation to Combine Grasset, Wendt, and DeLorme

A POSA would have found it obvious and would have been motivated to

combine the teachings of Grasset and Wendt with the teachings of DeLorme.

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EX1012, 267270. Grasset indicates that the location of the pedestrian and thus

the effectiveness of the matching are optimized by the fineness of the geographical

grid pattern, whereby the potential for shareable routes increases. EX1007, 10:54

60. A POSA would have been motivated to replace the grid pattern of Grasset with

the teachings of DeLorme, a refinement that would enable a specific address to be

entered, such as a users home address. EX1009, 22:5859. Additionally, a

specific destination may be selected such as a hotel, restaurant, or point of interest,

as described with reference to figure 1C, which is provided below.

EX1009, figure 1C.

Figure 1C reveals the basic user interface, which provides a main electronic

map display with more detail including geometric symbols in small rectangles

under "Seattle" for example. Id., 12:5761. These symbols represent the

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availability of supplemental travel information on specific types of locations such

as hotels, campgrounds, restaurants, and points of interest. Id., 12:6164.

Each element of claims 36 is described in or taught by the combination of

Grasset, Wendt, and DeLorme. Additionally, each claim, when considered as a

whole would have been obvious based on the combination of Grasset and Wendt.

EX1012, 267270.

IX. CONCLUSION

Petitioner respectfully requests that a trial be instituted.

Respectfully Submitted,

/Kevin Laurence /
Kevin Laurence
Registration No. 38,219

Jonathan Stroud
Registration No. 72,518

Matthew Phillips
Registration No. 43,403

81
WORD-COUNT CERTIFICATE OF COMPLIANCE

Pursuant to 37 C.F.R. 42.24(d), the undersigned hereby certifies that this

Petition complies with the type-volume limitation of 37 C.F.R. 42.24(a)(1)(i)

because it contains 13,974 words excluding the parts of the petition exempted by

37 C.F.R. 42.24(a)(1), the cover page, and the signature block. This word count

was determined by the word count tool of the Microsoft Office Word 2010 word-

processing system, which was used to prepare the Petition.

Respectfully submitted,

Dated: July 31, 2017 By: /Kevin Laurence /


Kevin Laurence, Reg. No. 38,219
Lead Counsel for Petitioner,
Unified Patents, Inc.

LAURENCE & PHILLIPS IP LAW LLP


1940
1 Duke Street, Suite 200
Alexandria, VA 22314
(703) 972-6000
1940 Duke Street, Suite 200

1
CERTIFICATE OF SERVICE

The undersigned certifies service pursuant to 37 C.F.R. 42.6(e) and

42.105(b) of the following materials:

Petition for Inter Partes Review of U.S. Patent No. 5,973,619 under
35 U.S.C. 312 and 37 C.F.R. 42.104
Exhibit List
Exhibits for Petition for Inter Partes Review of U.S. Patent No.
5,973,619 (EX10011025)
Power of Attorney
Word Count Certification Under 37 CFR 42.24(d)

on the Patent Owner for next day delivery at the correspondence address of record

for the subject patent as listed on PAIR:

MCHALE & SLAVIN


4440 PGA Boulevard, Suite 402
Palm Beach Gardens, FL 33410

Respectfully submitted,

Dated: July 31, 2017 By: /Kevin Laurence /


Kevin Laurence, Reg. No. 38,219
Lead Counsel for Petitioner,
Unified Patents, Inc.

LAURENCE & PHILLIPS IP LAW LLP


1
1940 Duke Street, Suite 200
Alexandria, VA 22314
1940 Duke
(703) 972-6000
Street, Suite 200