United States Patent No. 7,199,715
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FedEx Corporation,
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`Petitioner
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`v.
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`Intellectual Ventures II, LLC and Callahan Cellular LLC
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`Patent Owners
`
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`Patent No. 7,199,715
`Filing Date: March 1, 2005
`Issue Date: April 3, 2007
`
`Title: SYSTEM AND METHOD FOR TRACKING ID TAGS USING A
`DATA STRUCTURE OF TAG READS
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`
`
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`PETITION FOR INTER PARTES REVIEW
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`Exhibit 2104 Page 1
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`IV Exhibit 2104
`FedEx v. IV
`Case IPR2017-02028
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`United States Patent No. 7,199,715
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`TABLE OF CONTENTS
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`I.
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`II.
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`PRELIMINARY STATEMENT ................................................................... 1
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`STATEMENT OF PRECISE RELIEF REQUESTED FOR
`EACH CLAIM CHALLENGED ................................................................. 3
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`A.
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`B.
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`Claims for Which Review Is Requested ............................................... 3
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`Statutory Grounds.................................................................................. 4
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`III.
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`’715 PATENT OVERVIEW ......................................................................... 5
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`IV. THE LEVEL OF ORDINARY SKILL IN THE ART .............................10
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`V. CLAIM CONSTRUCTION ........................................................................10
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`A.
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`“modifying part of the information in the database as a function
`of other information in the database” ..................................................11
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`VI. Ground 1: Jones Renders Obvious Claims 1, 2, 11, and 12 under
`35 U.S.C. § 103 .............................................................................................13
`A. Overview of Jones ...............................................................................13
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`B.
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`Jones Renders Obvious Each Element of Claims 1, 2, 11,
`and 12 ..................................................................................................15
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`1.
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`2.
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`3.
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`4.
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`Claim 1 ......................................................................................15
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`Claim 2 ......................................................................................23
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`Claim 11 ....................................................................................25
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`Claim 12 ....................................................................................35
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`Exhibit 2104 Page 2
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`United States Patent No. 7,199,715
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`VII. Ground 2: Jones and Bauer Render Obvious Claims 4, 5, 7-9, 14,
`15, 17-20, 22, 23, 25, 26, and 29 under 35 U.S.C. § 103 ............................37
`A. Overview of Bauer ..............................................................................38
`
`B.
`
`C.
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`It Would Have Been Obvious to Combine Jones and Bauer ..............39
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`Jones and Bauer Render Obvious Each Element of Claims 4, 5,
`and 7-9 .................................................................................................42
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`1.
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`2.
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`3.
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`4.
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`5.
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`Claim 4 ......................................................................................42
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`Claim 5 ......................................................................................45
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`Claim 7 ......................................................................................46
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`Claim 8 ......................................................................................47
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`Claim 9 ......................................................................................48
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`D.
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`Jones and Bauer Render Obvious Each Element of Claims 14,
`15, 17, and 18 ......................................................................................50
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`1.
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`2.
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`Claim 14 ....................................................................................50
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`Claims 15, 17, and 18 ...............................................................51
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`E.
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`Jones and Bauer Render Obvious Each Element of Claims 19,
`20, 22, 23, 25, and 26 ..........................................................................53
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`1.
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`2.
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`3.
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`Claims 19 and 20.......................................................................53
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`Claim 22 ....................................................................................56
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`Claims 23, 25, and 26 ...............................................................57
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`F.
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`Jones and Bauer Render Obvious Each Element of Claim 29 ...........59
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`1.
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`Claim 29 ....................................................................................59
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`ii
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`Exhibit 2104 Page 3
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`United States Patent No. 7,199,715
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`VIII. MANDATORY NOTICES .........................................................................66
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`A.
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`B.
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`C.
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`B.
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`Real Party-in-Interest ..........................................................................66
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`Related Matters ....................................................................................66
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`Lead and Back-Up Counsel, and Service Information .......................67
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`Service Information .............................................................................68
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`IX. GROUNDS FOR STANDING ....................................................................68
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`X.
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`FEE PAYMENTS ........................................................................................68
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`XI. CONCLUSION ............................................................................................69
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`iii
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`Exhibit 2104 Page 4
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`LIST OF EXHIBITS
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`United States Patent No. 7,199,715
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`Exhibit 1001:
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`U.S. Patent No. 7,199,715 to Fields et al. (“the ’715 patent”)
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`Exhibit 1002:
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`Prosecution History of U.S. Patent Application No. 11/069,788.
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`Exhibit 1003:
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`U.S. Patent No. 6,952,645 to Jones (“Jones”).
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`Exhibit 1004:
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`U.S. Patent No. 8,321,302 to Bauer et al. (“Bauer”).
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`Exhibit 1005:
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`Declaration of Jason Hill, Ph.D.
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`Exhibit 1006:
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`Exhibit 1007:
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`Exhibit 1008:
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`Complaint for Patent Infringement, Intellectual Ventures II LLC
`v. FedEx Corp. et al., No. 2:16-cv-00980 (Aug. 31, 2016),
`ECF No. 1.
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`Intellectual Ventures II Claim Chart Alleging FedEx
`Infringement of the ’715 patent
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`Exhibit C to Intellectual Ventures II Infringement Contentions
`of January 17, 2017 in Intellectual Ventures II LLC v. FedEx
`Corp. et al., No. 2:16-cv-00980 (Aug. 31, 2016).
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`iv
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`Exhibit 2104 Page 5
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`United States Patent No. 7,199,715
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`TABLE OF AUTHORITIES
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`Cases
`KSR Int’l Co. v. Teleflex Inc.,
`550 U.S. 398 (2007) ___________________________________________ 38
`
`In re GPAC Inc.,
`57 F.3d 1573 (Fed. Cir. 1995) ____________________________________ 10
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`Phillips v. AWH Corp.,
`415 F.3d 1303 (Fed. Cir. 2005) (en banc) ___________________________ 10
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`Statutes
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`35 U.S.C. § 311(c) ___________________________________________ 69
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`Other Authorities
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`77 Fed. Reg. 48657, 48698 ________________________________________ 11
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`77 Fed. Reg. 48657, 48764 ________________________________________ 11
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`Regulations
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`37 C.F.R. § 42.100(b) ____________________________________________ 10
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`37 C.F.R. § 42.104(b)(3) __________________________________________ 11
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`v
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`Exhibit 2104 Page 6
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`Petitioner FedEx Corporation (“FedEx”) requests inter partes review of
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`United States Patent No. 7,199,715
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`
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`claims 1, 2, 4, 5, 7-9, 11, 12, 14, 15, 17-20, 22, 23, 25, 26, and 29 of U.S. Patent
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`No. 7,199,715 (“the ’715 patent”) (Ex. 1001), assigned in public records to
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`Callahan Cellular LLC but now purportedly assigned to Intellectual Ventures II,
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`LLC (“IV2” or “Patent Owner”). The Board should institute review and cancel
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`claims 1, 2, 4, 5, 7-9, 11, 12, 14, 15, 17-20, 22, 23, 25, 26, and 29.
`
`I.
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`PRELIMINARY STATEMENT
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`The ’715 patent tracks tags as they travel along a business process. Ex. 1001
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`at Abstract. Tracking the tags includes, for example, receiving tag read information
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`from tags attached to packages at successive points in the business process,
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`time-stamping these readings, and recording the information in a database. Id.
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`at 1:7-15. The ’715 patent explains, however, that a poor read at any given point
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`along the business process will result in incomplete tag read data. Id. at 1:33-37.
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`Thus, a system or a human operator goes back to “modify” the tag read data based
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`on “other information” in the database, such as knowledge of the intended route
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`indicating the path taken along the business process. Id. at 6:43-55. For example,
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`the system or human operator will backfill missing tag read information in a
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`database when, for whatever reason, tag read information is missing or incomplete
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`for a read point along a route, but other information reflects that tag has otherwise
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`traveled along the intended route as expected. Id. at 6:43-55. A human operator
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`1
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`Exhibit 2104 Page 7
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`United States Patent No. 7,199,715
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`may also adjust the business process based on the modified information to address,
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`e.g., inventory shrinkage. Id. at 2:1-18, 7:1-9, and 10:57-11:9.
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`The ’715 patent explains that there was nothing new about tracking the
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`location of products or other physical objects with tags. Ex. 1001 at 1:16-24.
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`Indeed, the ’715 patent concedes that such tracking already included ignoring poor
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`reads and inferring missing data to increase tag read precision. Id. at 1:33-41.
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`During prosecution, the Examiner also noted that “[t]racking tags at successive
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`points in a business process is not new.” Ex. at 1002, ¶ 3. Nonetheless, after an
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`otherwise limited examination, the USPTO allowed the ’715 patent on the premise
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`that the “prior art does not include a system that reads each tag in addition to
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`populating a database with information corresponding to the reading of the tag and
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`modifying part of the information as a function of other information and using this
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`information to track the tags through a business process.” Id. But such database
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`population and modification was also well known and implemented in existing
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`tracking systems.
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`For example, U.S. Patent No. 6,952,645 to Jones (“Jones”,” Ex. 1003), and
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`U.S. Patent No. 8,321,302 to Bauer et al. (“Bauer,” Ex. 1004) teach tracking tags
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`at successive points of a business process and modifying the tracking information
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`using the methods claimed in the ’715 patent. Indeed, Jones discloses a tag
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`tracking system that tracks tags attached to a vehicle traveling along successive
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`2
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`Exhibit 2104 Page 8
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`checkpoints of a travel route, such as a delivery or bus route. Jones at Abstract.
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`United States Patent No. 7,199,715
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`Jones also teaches correcting data tables as part of tracking these tags as they travel
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`along the travel route. Jones at 18:1-26 and 19:35-40. And, like Jones, Bauer
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`collects and manipulates tracking data to track tags through successive points of a
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`business process. In particular, Bauer collects inventory information from radio
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`frequency ID (“RFID”) tags attached to products as part of performing various
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`inventory tracking and management processes. Bauer at Abstract. Bauer further
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`teaches adjusting supply chains based on inventory information collected from the
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`RFID tags. Id. at Abstract. Indeed, Bauer discloses determining, reporting, and
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`providing corrective actions for trigger events associated with inventory shrinkage,
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`depletion of inventory, defects in inventory, or movement of inventory. Id. Neither
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`Jones nor Bauer, however, was considered by the Examiner during prosecution.
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`II.
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`STATEMENT OF PRECISE RELIEF REQUESTED FOR EACH
`CLAIM CHALLENGED
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` Claims for Which Review Is Requested A.
`FedEx respectfully requests review under 35 U.S.C. § 311 of claims 1, 2, 4,
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`5, 7-9, 11, 12, 14, 15, 17-20, 22, 23, 25, 26, and 29 of the ’715 patent and
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`cancellation of those claims as unpatentable.
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`3
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`Exhibit 2104 Page 9
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`United States Patent No. 7,199,715
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`Statutory Grounds
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`B.
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`Claims 1, 2, 4, 5, 7-9, 11, 12, 14, 15, 17-20, 22, 23, 25, 26, and 29 of the
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`’715 patent are unpatentable and should be cancelled as obvious in view of the
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`following grounds and prior art references.
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`Prior Art References
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`U.S. Patent No. 6,952,645 to Jones (Ex. 1003, “Jones”) was filed
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`Ref. 1:
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`September 30, 1998 and issued on October 4, 2005, and thus
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`qualifies as prior art under at least 35 U.S.C. § 102(e).
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`U.S. Patent No. 8,321,302 to Bauer et al. (Ex. 1004, “Bauer”) was
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`Ref. 2:
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`filed January 23, 2003, issued November 27, 2012, and thus qualifies
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`as prior art under 35 U.S.C. § 102(e).
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`Ground
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`1
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`2
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`Grounds of Unpatentability
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`Jones renders obvious claims 1, 2, 11, and 12 under 35 U.S.C. § 103
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`Jones and Bauer render obvious claims 4, 5, 7-9, 14, 15, 17-20, 22,
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`23, 25, 26, and 29 under 35 U.S.C. § 103
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`4
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`Exhibit 2104 Page 10
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`III.
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`’715 PATENT OVERVIEW
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`United States Patent No. 7,199,715
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`The ’715 patent was filed on March 1, 2005, as U.S. Patent Application
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`No. 11/069,788. Ex. at 1001 at 1. The ’715 patent is directed to tracking tags,
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`which “may be any device or marking,” as they travel along a business process.
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`Id. at Abstract, 3:45-52. In particular, the tags are tracked or monitored at
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`successive points in the business process, as depicted in Figure 2:
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`Annotated ’715 Patent Fig. 2, Depicting a Business Process Having Successive
`Points
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`The ’715 patent explains that a processor 108 receives tag read information
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`as the tags travel along the business process. Id. at 4:3-10. Processor 108 analyzes
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`recorded tag 102 identifications with the read time the tag passes a given tag
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`reading point. Id. at 3:53-4:5 and 4:18-29. It then populates database 110 with tag
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`read information. Id. at 4:20-29. Thus, disclosed methods include receiving tag
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`read information from tags carried by packages through several points in the
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`5
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`Exhibit 2104 Page 11
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`business process, time-stamping these readings, and recording the information in a
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`United States Patent No. 7,199,715
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`database. Id. at 1:7-15.
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`But because processor 108 may receive incomplete data for any given point
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`along the business process, or not receive any data at all, the disclosed process may
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`also include “modifying” the collected tag read data based on other information in
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`the database. Id. at 3:55-62 and 9:54-10:6. For example, as noted above, missing or
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`incomplete data may become backfilled based on knowledge of the approximate
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`travel time between successive points, the intended route, subsequent tag read
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`information reflecting that the tag has otherwise traveled along the intended route
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`as expected, etc. Id at 9:54-10:6, 10:47-56.
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`Exhibit 2104 Page 12
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`For example, processor 108 may estimate the expected time of the missing
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`United States Patent No. 7,199,715
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`tag read based on “other information” in the database. Id.at 6:43-55. Specifically,
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`processor 108 modifies, or corrects, cells in the database with the data modification
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`tool 112 based on, e.g., additional tag reads, estimated positioning, travel time, or
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`distance. Id. at 6:28-55, 7:24-33, 7:47-67. Table 4 of the ’715 patent provides such
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`an example, where processor 108 modifies the database for tags C and D to
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`reflected an expected read time of 12:30 for the third read point based on such
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`“other data”:
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`’715 Patent Table 4 Depicting Modified Tag Read Data
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`7
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`Exhibit 2104 Page 13
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`The ’715 patent includes claims directed to these concepts, which, as
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`United States Patent No. 7,199,715
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`detailed below, were well-known to wireless tag tracking before the earliest
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`claimed priority date of the ’715 patent. Independent claim 1 recites:
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`1. A method of tracking tags at several successive points of a business
`process, said method comprising:
`attempting to read each tag at each successive point;
`populating a database with information corresponding to the
`reading of each tag at each successive point and the time of each
`reading;
`modifying part of the information in the database as a function
`of other information in the database; and
`using the modified information to track the tags through the
`business process.
`
`Independent claim 11 embodies substantially the same concepts, and recites:
`
`11. A system of tracking tags at several successive points of a
`business process, said system comprising:
`a reader for reading each tag at each successive point and the
`time of each reading;
`a database;
`a processor responsive to the reader for storing in the database
`information corresponding to the reading of each tag at each
`successive point and the time of each reading; and
`a tool for modifying part of the information stored in the
`database as a function of other information stored in the database
`whereby the modified information is used to track the tags through
`the business process.
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`8
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`Exhibit 2104 Page 14
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`United States Patent No. 7,199,715
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`Independent claim 19 embodies substantially the same concepts, and recites:
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`19. A method of supplying products carrying tags wherein the
`products are handled in a supply chain during which the products and
`their tags pass several tag reading points, said method comprising:
`populating a database with information corresponding to the
`reading of each tag at each tag reading point and the time of each
`reading;
`modifying part of the information in the database as a function
`of other information in the database; and
`adjusting the supply chain as a function of the modified
`information.
`
`Independent claim 29 embodies substantially the same concepts, and recites:
`
`29. A method of improving the accuracy of a tag-enabled supply chain
`system comprising:
`applying tags to products in a supply chain, and associating tag
`code information with the products in the supply chain;
`tracking the products with tag readers at multiple locations in a
`supply chain, such that the time and location of tag reads are stored
`in a database of information about the supply chain;
`identifying an acceptable delay time between a first tag reader
`and a second tag reader in the supply chain, the first and second tag
`readers being successive on an intended pathway for the products;
`in response to a product being read by the first tag reader but
`not yet having been read by the second tag reader within the
`acceptable delay time, issuing an alert indicating that a problem
`may have occurred.
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`Exhibit 2104 Page 15
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`United States Patent No. 7,199,715
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`IV. THE LEVEL OF ORDINARY SKILL IN THE ART
`Factors defining the level of ordinary skill in the art include: (1) the types of
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`problems encountered in the art; (2) the prior art solutions to those problems;
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`(3) the rapidity with which innovations are made; (4) the sophistication of
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`technology; and (5) the educational level of active workers in the field.
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`See In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995).
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`Based on these factors, a person of ordinary skill at the time of the alleged
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`invention of the ’715 patent would have held at least a bachelor’s degree in
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`Computer Science, Computer Engineering, Electrical Engineering, or an equivalent
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`or related field and at least two years of work experience or practical post-graduate
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`work in the area of wireless tracking systems. Ex. 1005 at [030]-[031].
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`V. CLAIM CONSTRUCTION
`Claim terms are given their ordinary and accustomed meaning as understood
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`by one of ordinary skill in the art. Phillips v. AWH Corp., 415 F.3d 1303, 1312-13
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`(Fed. Cir. 2005) (en banc). A claim in an unexpired patent subject to inter partes
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`review receives the “broadest reasonable construction in light of the specification
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`of the patent in which it appears.” 37 C.F.R. § 42.100(b). As such, the
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`constructions adopted in this proceeding may differ from the constructions in any
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`district court or ITC litigation, including Case No. 2:16-cv-00980 in the U.S.
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`District Court for the Eastern District of Texas.
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`10
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`Exhibit 2104 Page 16
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`In this proceeding, FedEx submits that the claim terms of the ’715 patent
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`United States Patent No. 7,199,715
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`should be given their broadest reasonable interpretation as understood by one of
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`ordinary skill in the art and consistent with the disclosure.1 37 C.F.R.
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`§ 42.104(b)(3); 77 Fed. Reg. 48657, 48764. FedEx offers the following comments,
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`however, understanding that the Board may find written statements of patent
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`owners regarding claim scope helpful in understanding and construing claims
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`under the broadest reasonable interpretation. 77 Fed. Reg. 48657, 48698
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`(explaining that the Office may take into consideration inconsistent statements
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`made by a patent owner regarding claim scope submitted under 35 U.S.C. 301(d)).2
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`A.
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`“modifying part of the information in the database as a
`function of other information in the database”
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`Independent claim 1 recites “modifying part of the information in the
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`database as a function of other information in the database.” Independent claims 11
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`and 19 include similar recitations, and dependent claims 2, 12, and 20 include
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`1 While FedEx believes that additional claim terms may warrant construction, any
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`such terms do not affect the analysis in this Petition. Additional terms may be
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`construed in the related district court litigation.
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`2 Because IPR procedures do not permit challenges under 35 U.S.C. § 112,
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`Petitioner has not included any such arguments herein. Petitioner may, however,
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`raise such arguments in other proceedings.
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`11
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`Exhibit 2104 Page 17
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`related recitations. While the ’715 patent consistently describes such
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`United States Patent No. 7,199,715
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`“modifying…as a function of” as correcting or revising tag read information to
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`update the corresponding data structure with missing or incomplete information
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`regarding a tag’s route through a business process (see, e.g., Ex. 1001 4:29-34,
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`5:51-6:66), IV2’s allegations of infringement against FedEx construe the term
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`more broadly. For example, in IV2’s infringement contentions in Intellectual
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`Ventures II LLC v. FedEx Corp. et al., No. 2:16-cv-00980 (Aug. 31, 2016),
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`IV2 alleges that merely confirming or “validating” expected inventory contents,
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`“the location of specific products,” or the “status in the supply chain” constitutes
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`the claimed “modifying…as a function of.” Ex. 1008 at 20-24; see also Ex. 1007
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`at 8-9. In fact, IV2 alleges that giving employees or operators “the opportunity to
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`modify the information concerning [a] pallet and/or product in the database” falls
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`within the scope of this limitation. Ex. 1008 at 23. As discussed below, Jones alone
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`or in combination with Bauer renders claims 1, 2, 11, 12, 19, and 20 obvious
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`regardless of whether the Board adopts the ordinary and customary meaning or a
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`meaning consistent with IV2’s allegations for “modifying…as a function of.”
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`12
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`Exhibit 2104 Page 18
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`United States Patent No. 7,199,715
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`VI. Ground 1: Jones Renders Obvious Claims 1, 2, 11, and 12 under
`35 U.S.C. § 103
`A. Overview of Jones
`Jones discloses systems and methods for tracking tags as they travel along a
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`business route. Ex. 1003 at 2:62- 3:12. In one embodiment, for example, Jones
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`discloses systems and methods for tracking a “vehicle control unit (VCU) 15”
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`attached to a vehicle traveling along a business route, such as a delivery or bus
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`route. Id. at 2:29-46, 3:65-4:7. Jones also discloses populating a database with
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`tracking data associated with tracking the VCU, and using that data to estimate
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`other travel parameters such as travel time. Id. at 18:1-26 and 19:35-40. Jones also
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`discloses modifying the database with, e.g., estimated travel and arrival times
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`based on previous read points, and using this updated information to notify users of
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`the status of tracked goods. Id. at 19:35-50.
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`In one embodiment, Jones discloses a Base Station Control Unit
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`(“BSCU”) 38 that monitors and receives transmissions from tracking VCU 15. Id.
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`3:65-4:7, 5:43-53. The VCU 15 is a location sensor tag physically associated with
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`the product being tracked. Id. at 18:3-20. Jones explains that while exemplary
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`embodiments are discussed primarily with respect to tracking tags attached to
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`vehicles, VCU 15 may be associated with “any mobile structure.” Id. at 4:1-7.
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`Indeed, Jones discloses that “VCU 15 can be attached to an automobile, an
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`13
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`Exhibit 2104 Page 19
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`airplane, a train, a boat or any other structure capable of moving across or through
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`United States Patent No. 7,199,715
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`the Earth's surface and/or atmosphere.” Id. at 4:3-6 (emphasis added). In fact, the
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`versatility of the VCU 15 further allows it to become “carried by a person while
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`walking or running.” Id. at 4:6-7.
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`Jones discloses that BSCU 38 breaks the delivery route into several
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`predetermined points where BSCU 38 receives and processes updates from
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`VCU 15. Id. at 17:52-18:4, 18:14-20. In particular, BSCU 38’s processor 108
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`separates the initial route into segments, receives the VCU 15 check-in data at each
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`segment point, analyzes stored travel data, and computes various estimated travel
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`data for the route. Id. at :53-59,11:49-67, 12:23-30, 16:51-53, 17:27- 18: 20. For
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`example, upon receiving tracking data from VCU 15 associated with a check-in
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`point, the BSCU 38 computes and modifies the VCU 15 tag’s estimated arrival
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`time stored in storage unit 68. Id. at 16:51-53, 17:27-18:20. Thus, these successive
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`points along the vehicle’s travel route serve as, among other things, predetermined
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`reference points for estimating the vehicle’s time to reach its destination,
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`notification point, next reference point, etc. Id. at 2:1-2, 17:19-26, 19:2-13.
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`Tracking data stored in storage unit 68 by BSCU 38 also includes other
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`information associated with the tracked product, such as a list of scheduled stops,
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`list of packages to be delivered, delivery status, elapsed route time corresponding
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`to the reading of each tag, average times it has previously taken to travel the same
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`
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`14
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`Exhibit 2104 Page 20
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`route, estimated arrival times at predetermined physical locations, etc. Id. at
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`United States Patent No. 7,199,715
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`
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`8:16-41, 11:49-54, 17:52-18:26, 18:55-19-40. As noted above, some of this
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`database information, such as stored user preferences, scheduled stop locations,
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`delivery confirmation, tag locations, and estimated arrival times, becomes
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`modified throughout the route at the predetermined check-in points. Id. at 2:3-13,
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`13:53-67. For example, Jones discloses updating bus schedules and arrival times
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`due to maintenance problems, rush hour traffic, congestion, or other factors. Id.
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`at 2:3-13. In another example, Jones discloses updating the database to “indicate
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`which deliveries have been successfully attempted, which deliveries have been
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`unsuccessfully attempted, and which deliveries remain to be attempted.”
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`Id. at 7:45-58.
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`Jones Renders Obvious Each Element of Claims 1, 2, 11, and 12
`B.
`In view of the foregoing, and as discussed in detail below, Jones discloses or
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`renders obvious every feature and limitation of claims 1, 2, 11, and 12:
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`1.
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`Claim 1
`a.
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`“A method of tracking tags at several successive
`points of a business process, said method
`comprising:”
`Jones discloses methods for tracking vehicle control units (VCUs) 15 along
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`predetermined reference points of a travel route, such as a delivery route or bus
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`route. Jones at 5:36-43, 12:14-30, 15:35-16:15, 18:3-20. Jones discloses a Base
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`
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`15
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`Exhibit 2104 Page 21
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`Station Control Unit (BSCU) 38 breaks the delivery route into segments and
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`United States Patent No. 7,199,715
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`
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`scheduled stops where BSCU 38 receives updates from VCU 15 regarding the
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`delivery status and coordinates of the VCU 15. Id. at 18:4-20. The VCU 15 tag
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`includes a GPS sensor 18 that receives/transmits GPS data at the successive points.
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`Id. at 4:38-485:44-48, 18:3-20.
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`b.
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`“attempting to read each tag at each successive
`point;”
`Jones discloses or at least renders obvious “attempting to read each tag at
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`each successive point of a business process.” For example, Jones discloses
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`BSCU 38 collecting travel data from VCU 15 predetermined reference points
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`dividing up a vehicle’s travel route, including scheduled stops (e.g., delivery
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`locations, bus stops, etc.) for the vehicle. Id. 13:34-67, 18:3-20. As explained
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`above, BSCU 38 divides the travel route for a vehicle into sections where the time
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`required to travel each section is independently calculated. Id. at 13:24-14:3,
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`18:3-20. These predetermined time intervals create checkpoints where BSCU 38
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`receives updates regarding VCU 15’s progress. Id. at 17:36-40, 18:4-20.
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`In this way, BSCU 38 may assume the location of VCU 15 at any given time
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`during travel based on the amount of time that has elapsed since the start of the
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`route. Id. at 18:4-20. To ensure BSCU 38’s estimations remain accurate, however,
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`Jones discloses that BSCU 38 will receive updated travel data “when scheduled
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`
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`16
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`Exhibit 2104 Page 22
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`stops or deliveries are reached or when other predetermined locations [e.g.,
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`United States Patent No. 7,199,715
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`
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`checkpoints] are passed.” Id. at 17:36-41. Moreover, if VCU 15 is off schedule
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`(e.g., outside of a predetermined proximity from its assumed location at the
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`checkpoint), BSCU 38 will receive VCU 15’s true coordinates via monitoring
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`mechanism 69. Id. at 18:21-32. Indeed, at any desired time, BSCU 38 can request
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`and receive updated travel data from VCU by transmitting an “update request” to
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`VCU 15 requesting its true coordinates. Id. at 17:32-36. BSCU 38 may conduct
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`these reads on VCU 15 via, e.g., monitoring mechanism 69 (Id. at 18:21-54; see
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`also id. at 7:29-357:58-61, 8:16-41, and 13:30-33):
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`Annotated ’715 Patent Fig. 4 Depicting Tag Read
`17
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`
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`Exhibit 2104 Page 23
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`United States Patent No. 7,199,715
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`
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`c.
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`“populating a database with information
`corresponding to the reading of each tag at each
`successive point and the time of each reading;”
`Jones discloses or at least renders obvious populating a database with travel
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`data associated with its tag reads of VCU 15. For example, Jones discloses
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`BSCU 38 monitoring each VCU 15 and storing travel data comprising monitored
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`data for each VCU 15 in storage unit 68. Id. at 7:40 58. Each entry in the storage
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`unit 68 data table is assigned an identification number associated with a VCU 15:
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`Preferably, travel data storage unit 68 is a database configured to store
`travel data associated with each VCU 15 being monitored by the
`system 10. The travel data storage unit 68 is configured to include a
`relational parameter (i.e., a unique identification value correlated with
`the VCU 15 and, therefore, the travel data associated with the VCU
`15) that enables determination of which travel data is associated with
`which VCU 15.
`
`Id. at 7:38-45.
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`BSCU 38’s data storage unit 68 contains monitored data for each VCU 15,
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`including the VCU’s assumed coordinate values, true coordinate values, delivery
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`status, arrival time at the predetermined locations, predetermined reference points
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`along a route of travel associated with each VCU 15, preference data, and
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`generally “all of the desirable information to monitor the status of each VCU 15.”
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`Id. at 7:48-57, 18:55-19: 40. As discussed above, supra Section VI(B)(1)(b), Jones
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`discloses that BSCU 38 receives VCU 15’s true coordinate values at “when
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`scheduled stops or deliveries are reached or when other predetermined locations
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`
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`18
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`Exhibit 2104 Page 24
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`[e.g., checkpoints] are passed.” Id. at 17:36-41. Accordingly, the travel data stored
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`United States Patent No. 7,199,715
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`
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`in data storage unit 68 by BSCU 38 “correspond[s] to the reading of each tag at
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`each successive point” and “the time of each reading.” See also Ex. 1008 at 16-20
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`(characterizing “the time of each reading” as “e.g., arrival time, load times, ship
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`times, or scan times”).
`
` As discussed above, Jones teaches separating a route into successive points,
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`estimating the travel time between those points, and tracking VCU 15’s progress
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`along the route based on elapsed time. See supra Sections VI(A)-VI(B)(1)(b).
`
`Jones discloses that BSCU 38 determines these estimates and provides such
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`tracking by correlating VCU 15’s travel data with BSCU 38’s internal clock
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`readings. Jones at 18:4-20. Thus, Jones also discloses populating data storage
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`unit 68 with “the time of each reading.”
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`To the extent it is argued Jones does not expressly disclose populating a
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`database with “t