Unified Patents Inc. v. First Class Monitoring, LLC, IPR2017-01932, (PTAB Aug. 14, 2017) .

IPR2017-01932 Petition
U.S. Patent 6,014,089

Filed on behalf of Unified Patents Inc.
By: Lionel M. Lavenue Ashraf A. Fawzy
C. Brandon Rash Jonathan R. Stroud
Finnegan, Henderson, Farabow, Roshan S. Mansinghani
Garrett & Dunner, LLP Unified Patents Inc.
Two Freedom Square 1875 Connecticut Ave. NW, Floor 10
11955 Freedom Drive Washington, DC 20009
Reston, VA 20190-5675 Telephone: 202-871-0110
Telephone: 571-203-2750 Email: afawzy@unifiedpatents.com
Email: UnifiedPatents-IPR2017- Email: jonathan@unifiedpatents.com
01932@finnegan.com Email: roshan@unifiedpatents.com
UNITED STATES PATENT AND TRADEMARK OFFICE

____________________
BEFORE THE PATENT TRIAL AND APPEAL BOARD

____________________
Unified Patents Inc.

Petitioner
v.
First-Class Monitoring, LLC

Patent Owner
IPR2017-01932
U.S. Patent 6,014,089
METHOD FOR TRANSMITTING DATA USING A DIGITAL

CONTROL CHANNEL OF A WIRELESS NETWORK
____________________
PETITION FOR INTER PARTES REVIEW

U.S. Patent 6,014,089
TABLE OF CONTENTS
I. MANDATORY NOTICES ...........................................................................1
A. Real Party-in-Interest ..........................................................................1
B. Related Matters ...................................................................................1
C. Lead and Back-Up Counsel and Service Information ..........................1
II. CERTIFICATION OF GROUNDS FOR STANDING .................................2
III. STATEMENT OF PRECISE RELIEF REQUESTED ..................................2
A. Claims for Which Review Is Requested ..............................................2
B. Statutory Grounds of Challenge ..........................................................2
IV. THE 089 PATENT ......................................................................................3
A. Overview of the 089 Patent Disclosure ..............................................3
B. Prosecution History...........................................................................10
C. The Level of Ordinary Skill in the Art ..............................................12
V. CLAIM CONSTRUCTION ........................................................................13
A. access point ...................................................................................13
B. data collection unit ........................................................................14
C. automatically collecting data .........................................................14
VI. GROUNDS 1 AND 2: CLAIMS 1-10 AND 16-22 ARE

ANTICIPATED OR RENDERED OBVIOUS BY
SERBETCIOUGLU .....................................................................................15
A. Overview of Serbetciouglu ...............................................................15
B. Claim 1 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 18
C. Claim 2 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 35
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U.S. Patent 6,014,089
D. Claim 3 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 36
E. Claim 4 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 37
F. Claim 5 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 38
G. Claim 6 Is Rendered Obvious by Serbetciouglu ................................ 39
H. Claim 7 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 41
I. Claim 8 Is Rendered Obvious by Serbetciouglu ................................ 45
J. Claim 9 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 45
K. Claim 10 Is Anticipated and Rendered Obvious by Serbetciouglu .... 46
L. Claim 16 Is Anticipated and Rendered Obvious by Serbetciouglu .... 47
M. Claim 17 Is Anticipated and Rendered Obvious by Serbetciouglu .... 48
N. Claim 18 Is Anticipated and Rendered Obvious by Serbetciouglu .... 48
O. Claim 19 Is Anticipated and Rendered Obvious by Serbetciouglu .... 49
P. Claim 20 Is Anticipated and Rendered Obvious by Serbetciouglu .... 49
Q. Claim 21 Is Anticipated and Rendered Obvious by Serbetciouglu .... 50
R. Claim 22 Is Anticipated and Rendered Obvious by Serbetciouglu .... 50
VII. GROUNDS 3 AND 4: CLAIMS 1-5, 7, 9, 10, 18, AND 20 ARE

ANTICIPATED AND RENDERED OBVIOUS BY LAHTINEN ............... 51
A. Overview of Lahtinen .......................................................................51
B. Claim 1 Is Anticipated and Rendered Obvious by Lahtinen .............. 55
C. Claim 2 Is Anticipated and Rendered Obvious by Lahtinen .............. 64
D. Claim 3 Is Anticipated and Rendered Obvious by Lahtinen .............. 65
E. Claim 4 Is Anticipated and Rendered Obvious by Lahtinen .............. 65
F. Claim 5 Is Anticipated and Rendered Obvious by Lahtinen .............. 66
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U.S. Patent 6,014,089
G. Claim 7 Is Anticipated and Rendered Obvious by Lahtinen .............. 67
H. Claim 9 Is Anticipated and Rendered Obvious by Lahtinen .............. 69
I. Claim 10 Is Anticipated and Rendered Obvious by Lahtinen ............ 69
J. Claim 18 Is Anticipated and Rendered Obvious by Lahtinen ............ 70
K. Claim 20 Is Anticipated and Rendered Obvious by Lahtinen ............ 71
VIII. CONCLUSION ..........................................................................................72
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U.S. Patent 6,014,089
EX1021 U.S. Patent 5,748,104 (Argyroudis)

EX1022 U.S. Patent 5,845,203 (203 LaDue)
EX1023 U.S. Patent 5,898,904 (Wang)
EX1024 U.S. Patent 6,160,992 (Laham)
EX1025 ADXL05 Datasheet Rev. B (Analog Devices 1996)
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U.S. Patent 6,014,089
Roshan S. Mansinghani (Reg. No. 62,429)

Unified Patents Inc.
1875 Connecticut Ave. NW, Floor 10
Washington, DC 20009
Telephone: 202-871-0110
Email: ashraf.fawzy@unifiedpatents.com
Email: jonathan@unifiedpatents.com
Email: roshan@unifiedpatents.com
Petitioner consents to e-mail service at UnifiedPatents-IPR2017-
01932@finnegan.com and afawzy@unifiedpatents.com.
II. CERTIFICATION OF GROUNDS FOR STANDING
Petitioner certifies pursuant to 37 C.F.R. 42.104(a) that the 089 Patent is
available for inter partes review and that Petitioner is not barred or estopped from
requesting inter partes review challenging the patent claims on the grounds
identified in this Petition.
III. STATEMENT OF PRECISE RELIEF REQUESTED
A. Claims for Which Review Is Requested
Petitioner requests inter partes review and cancellation of claims 1-10
and 16-22 of the 089 Patent under 35 U.S.C. 311.
B. Statutory Grounds of Challenge
This Petition presents the following grounds:
Ground 1: Claims 1-5, 7, 9, 10, and 16-22 are anticipated by U.S.
Patent 5,719,918 to Serbetciouglu et al. (Serbetciouglu, EX1004) under 35
U.S.C. 102.
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U.S. Patent 6,014,089
Ground 2: Claims 1-10 and 16-22 are rendered obvious by Serbetciouglu
under 35 U.S.C. 103.
Ground 3: Claims 1-5, 7, 9, 10, 18, and 20 are anticipated by U.S.
Patent 5,351,235 to Lahtinen (Lahtinen, EX1005) under 35 U.S.C. 102.
Ground 4: Claims 1-5, 7, 9, 10, 18, and 20 are rendered obvious by Lahtinen
under 35 U.S.C. 103.
IV. THE 089 PATENT
A. Overview of the 089 Patent Disclosure
1. Background of the Technology
The 089 Patent is directed to transmitting data via conventional short
message service (SMS) messages over a control channel of a personal
communications system (PCS) transmission protocol. EX1001, Abstract;
EX1006, 11. One protocol that the 089 Patent identifies is the Global System
for Mobile Communications (GSM), which was a well-known standard for
transmitting SMS messages over a control (or signaling) channel. EX1001,
1:11-22, 12:17-30; EX1008; EX1012; EX1006, 11. As applicants acknowledged
during prosecution, there was nothing novel about SMS messaging, which is
performed conventionally and automatically by the GSM network. EX1002
at 212. The 089 Patent merely purports to disclose a novel way to use SMS
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U.S. Patent 6,014,089
messagesi.e., receiving and responding to requests for data. EX1002 at 165; 1
see also EX1001, 4:32-34; EX1006, 11.
As defined in GSM 03.40, short messages are transmitted either from a
mobile station to a short message service center (SMSC or SC) or from an
SMSC to a mobile station. EX1008 at 7, 9-11; EX1010 at 3; EX1012 at 7, 9, 12-
14; EX1014 at 10; EX1006, 12. The GSM standard dictates that SMS messages
are transmitted on control (or signaling) channelsas opposed to traffic
channels that carry voice or dataand specifically, that SMS messages use two
particular control channels, called the stand-alone dedicated control channel
(SDCCH) and the slow associated control channel (SACCH). EX1009 at 10-13;
EX1010 at 5; EX1011 at 7-8; EX1013 at 10-14; EX1014 at 11; EX1015 at 8;
EX1016 at 87-90, 152-53; EX1006, 13. Each SMS message is limited to 140 or
160 characters. EX1008 at 10, 43, 95; EX1012 at 14, 57-58; EX1006, 12.
Figure 7 of the 089 Patent illustrates a prior-art GSM control channel data
sequence. EX1001, 4:25-26, 12:17-42.
1
Underlined emphasis is added throughout unless indicated otherwise.
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U.S. Patent 6,014,089
SMS portion of the control channels
EX1001, Fig. 7 (annotated); EX1006, 14. As applicants stated during
prosecution, figure 7 is a conventional figure that may be found on page 95 of a
book entitled An Introduction to GSM. EX1002 at 209-10; EX1016 at 95; see
also EX1011, Fig. 2; EX1015, Fig. 3. As shown, GSM uses a 51-frame
multiframe to carry SDCCH and SACCH. EX1001, 12:19-28, Fig. 7; EX1011
at 3-5; EX1015 at 11-12, Figs. 1, 3; EX1016 at 91, 93-96; EX1006, 14.
2. The 089 Patent Disclosure
The 089 Patent discloses a way to use conventional SMS technology in
telemetry applications. 2 EX1001, 4:32-34; EX1006, 15. Specifically, the 089
Patent is directed to collecting data at a data collection unit, such as in response to
a request for data, and transmitting the data to a remote device via one or more
2
Telemetry involves receiving measurements from a remote location, such as
using radio waves or telephone lines. EX1006, 15.
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U.S. Patent 6,014,089
SMS messages. EX1001, 1:65-67, 2:17-21. The 089 Patent acknowledges that
devices for collecting data, receiving requests for data, and transmitting the
requested datasuch as by a radio frequency linkwere conventional (EX1001,
1:24-59), but the 089 Patent states that it would be advantageous to do so using
conventional SMS messages (id., 2:12-14). EX1006, 15.
Figure 8 illustrates exchanging SMS messages between data collection
device 50 (or data collection unit, in blue) and remote device 54 (or access
point, in green) over a PCS (e.g., a GSM network). EX1001, 4:27-29, 11:54-
13:25.
Data
Collection
Unit
Access
Point
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U.S. Patent 6,014,089
EX1001, Fig. 8 (annotated); EX1006, 16. The access point transmits a request
for data to the data collection unit via an SMS message, which travels over the
network to short message center (SMS-C) 58 and then from SMS-C 58 to the data
collection unit. EX1001, 11:64-13:11; EX1006, 16. In response, the data
collection unit compiles and transmits the requested data to the access point via an
SMS message, following the reverse path. Id.
3. Claims 1 and 7 of the 089 Patent
Independent challenged claims 1 and 7 are reproduced below. As explained
above and further below, the italicized and highlighted claim portions are directed
to conventional aspects of SMS communications according to known standards.
EX1006, 17. The remaining portions are directed to conventional aspects of
telemetry (e.g., requesting and receiving data from a remote device). Id.
Claim 1 recites:
[Preamble] 1. A method for transmitting a data

sequence via a personal communications system
transmission protocol comprising the steps of:
[1a] composing at least one data packet including a

request for data said at least one data packet including
said request for data being in a form which conforms to
conventional short message data packets;
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U.S. Patent 6,014,089
[1b] transmitting said at least one data packet including

said request for data from an access point to a data
collection unit via a short message service portion of a
control channel of the personal communications system
transmission protocol as one or more short messages,
[1c] wherein said step of transmitting said at least one
data packet including said request for data includes the
step of inserting said at least one data packet including
said request for data into the control channel;
[1d] receiving said at least one data packet including

said request for data at said data collection unit;
[1e] interpreting said request [f]or data from said access

point by said data collection unit;
[1f] compiling data from said data collection unit, said

compiled data being requested in said request for data;
[1g] composing at least one data packet including, said

compiled data, said at least one data packet including
compiled data being in a form which conforms [to]
conventional short message data packets;
[1h] transmitting said at least one data packet including

said compiled data from said data collection unit to said
access point via said short message service portion of
the control channel of the personal communications
system transmission protocol as one or more short
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U.S. Patent 6,014,089
messages, [1i] wherein said step of transmitting said at

least one data packet including said compiled data
includes the step of inserting said at least one data
packet including said compiled data into the control
channel; and
[1j] receiving said at least one data packet including

said compiled data at said access point.
With these conventional aspects of SMS communications in mind, claim 1 is
generally directed to transmitting a request for data 3 via SMS message from an
access point to a data collection unit, and after interpreting the request and
compiling the requested data, transmitting the compiled data via SMS message
from the data collection unit to the access point. EX1006, 18.
Like claim 1, claim 7 recites conventional aspects of SMS communications
(composing inserting, transmitting, etc.) and conventional aspects of telemetry
(automatically collecting data, etc.). Id. Claim 7, however, is more broadly
directed to automatically collecting data at a data collection unit and transmitting
the collected data via SMS to an access point. Id.
3
Language of the challenged claims is in italics throughout.
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U.S. Patent 6,014,089
B. Prosecution History
The 089 Patent issued from U.S. Patent Application 08/920,085 (the 085
application, EX1002), filed on August 26, 1997. EX1001, cover page. The 085
application is a continuation-in-part to U.S. Patent Application 08/740,361
(EX1003), filed on October 28, 1996. Id.
The primary changes to the 085 application from its parent application
include (1) expanding the list of PCS networks from GSM and TDMA to include
CDMA, FDMA, and PACS; (2) adding disclosures and embodiments related to
conventional SMS communications (e.g., EX1001, 11:10-13:63), including new
figures 6, 7, and 8; (3) replacing mentions of universal meter reader with data
collection device; and (4) removing disclosures directed to a particular utility
meter, including old figures 6 and 7. Compare EX1002 with EX1003; EX1006,
20. Applicants distinguished the 085 application from its parent by contrasting
disclosures of the control packet assembler/disassembler in the parent
application to new disclosures of the conventional short message service
technique in the present application. EX1002 at 215-16.
The Examiner rejected all claims based on Roach, which according to the
Examiner, teaches collecting data at a utility meter and transmitting data in
response to a request for data using a control channel. EX1002 at 151. Applicants
distinguished Roach based on the claimed use of SMS messages. EX1002 at 162-
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U.S. Patent 6,014,089
70. Applicants also amended certain claims to require automatically collecting
data, which they differentiated from systems where data must be manually
entered. EX1002 at 159, 170 (first emphasis in original).
After the Examiner maintained the rejections, applicants amended the
claimsspecifically, the steps of composing, inserting, transmitting, and receiving
the SMS data packetsto clearly point out that the claimed invention uses data
packets that are in the form of standard short messages. EX1002 at 194-99, 218
(emphasis in original). According to applicants, for the claimed invention, not a
single modification is required to be made to conventional SMS functionality. Id.
at 202-06, 208 (present invention . . . may be used anywhere and on any network
that the short message service is available), 212 (specific timing and insertion
of short messages into the appropriate logical elements of the 51-Multiframe is
handled by the GSM network; communication of short messages is performed
conventionally and automatically by the GSM network). The Examiner
subsequently allowed the claims.
The applicants traversed the art of record by stating that others have not
used the short message service portion of the control channel for telemetry.
EX1002 at 213. As Dr. Williams explains, however, implementing wireless
telemetry using control channelsand even using SMS messageswas known in
the art at the time of the alleged invention. EX1006, 23-24 (citing EX1018,
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U.S. Patent 6,014,089
Title (Communicating Data via a Cellular Network Control Channel), 5:12-16,
16:66-17:6 (GSM); EX1020, Title (Providing Service Information to
Subscribers in a Cellular Telecommunications Network Using Short Message
Service (SMS)), 2:53-67; EX1021, Title, Abstract, 5:36-59, 8:45-48 (optimized
for short message transmissions by . . . remote metering units); EX1022, Abstract
(transmitting . . . messages over cellular radio system control channels; security
system, a utility meter reading status and the like), 9:41-56; EX1023, Abstract
(messages in a broadcast control channel), 7:26-53 (security or utility
monitoring systems); EX1024, 4:24-25 (Short Message Services for Wideband
Spread Spectrum System), 5:44-63 (Utility Meter 56.).
As explained below, the claims of the 089 Patent lack novelty because each
of Serbetciouglu and Lahtinen had already disclosed using SMS messages for
telemetry. EX1006, 24. Neither Serbetciouglu nor Lahtinen were cited during
prosecution.
C. The Level of Ordinary Skill in the Art
A person of ordinary skill in the art for the 089 Patent would have a
Bachelors Degree in Electrical Engineering or a related subject and three or more
years of experience working with digital telecommunications systems. EX1006,
25. Less work experience may be compensated by a higher level of education,
such as a Masters Degree, and vice versa. Id.
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U.S. Patent 6,014,089
V. CLAIM CONSTRUCTION
The 089 Patent expired on October 28, 2016. EX1001, cover page. Claims
in an expired patent are construed as in district court pursuant to Phillips v. AWH
Corp., 415 F.3d 1303 (Fed. Cir. 2015). In re Rambus, Inc., 694 F.3d 42, 46 (Fed.
Cir. 2012). The Phillips standard gives claim terms their ordinary and customary
meaning, as understood by one of ordinary skill in the art at the time of the
invention after reading the patent. Phillips, 415 F.3d at 1321; Interthinx v.
Corelogic Sols., CBM2012-00007, Paper 16 at 15 (P.T.A.B. Jan. 31, 2013). The
only exceptions to giving terms their ordinary meaning are when the applicants act
as their own lexicographer or when the applicants disavow or disclaim the full
scope of a claim term in the specification or during prosecution. Poly-Am., L.P. v.
API Indus., Inc., 839 F.3d 1131, 1136 (Fed. Cir. 2016).
A. access point
Claims 1 and 7 recite an access point. The specification does not mention
access point, but describes a remote device that is capable of transmitting and
receiving data over a network. EX1001, Abstract, 1:11-22, 2:16-57, 3:51-65, 7:63-
67, 10:53-58. Thus, one of ordinary skill would understand access point to mean
a device capable of transmitting or receiving data over a network. EX1006, 37.
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U.S. Patent 6,014,089
B. data collection unit
Claims 1 and 7 recite a data collection unit. The 089 Patent does not
define this term. It discloses, however, that a data collection unit receives data
from utility meters and other devices that provide data. See EX1001, 2:25-38
(The apparatus includes a device for sensing and collecting data . . . . The
collected data may be transmitted to a data collection device for storage and/or
processing before the data is digitally transmitted to the desired remote device.),
3:54-59, 4:32-37 (data collection device collects data from utility meters and
other devices), 5:39-43 (data collection device 101 is also capable of receiving
data from meters), 7:42-47, 8:9-25, 13:54-67. Thus, one of ordinary skill would
understand data collection unit to mean a device capable of collecting or
receiving data. EX1006, 38.
C. automatically collecting data

Claim 7 recites automatically collecting data. The 089 Patent does not
define automatically, but the term was added during prosecution to distinguish
systems where data must be manually entered. EX1002 at 159, 170 (Automatic
collection of data is extremely important, for example, in automatic meter reading,
because an individual is not required to read meter data and then enter it into a data
collection unit for transmission to an access point.). This understanding is
consistent with the specification. EX1001, 1:26-28 (automatically collect the
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U.S. Patent 6,014,089
utility usage data thereby reducing the labor involved), 2:17-21, 2:58-64, 4:32-34
(automatic meter reading), 8:38-51 (without wasting manpower by having to
manually check each machine). Thus, one of ordinary skill would understand
automatically collecting data to mean collecting data without an individual
manually entering the data. EX1006, 39.
VI. GROUNDS 1 AND 2: CLAIMS 1-10 AND 16-22 ARE ANTICIPATED

OR RENDERED OBVIOUS BY SERBETCIOUGLU
Serbetciouglu both anticipates and renders obvious claims 1-5, 7, 9, 10,
and 16-22, and Serbetciouglu renders obvious claims 6 and 8. EX1006, 40-167.
A. Overview of Serbetciouglu
Serbetciouglu was filed on July 6, 1995, and issued on February 17, 1998.
EX1004. Thus, Serbetciouglu is prior art to the 089 Patent under pre-AIA 35
U.S.C. 102(e).
Like the 089 Patent, Serbetciouglu is directed to transmitting conventional
SMS messages via a control channel of a PCS transmission protocol, as illustrated
below in Figure 3. EX1004, Abstract, 1:18-45.
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U.S. Patent 6,014,089
Like the 089 Patent, Serbetciouglu discloses using a short message service
center (SMSC) to transmit SMS messages on signaling (i.e., control) channels.
EX1004, 4:17-19, 5:27-55, Fig. 2; EX1006, 42. The THS interfaces with the
SMSC via a wired or wireless interface in figure 3 above, but the interface may
also be over the GSM-air interface, as in figure 4. EX1004, 5:64-6:6, 8:38-50;
EX1006, 42. The terminals interface with the SMSC over a GSM-air interface.
EX1004, 6:51-55, Figs. 3-6 (AIR INTERFACE GSM); EX1006, 42.
Serbetciouglu incorporates by reference in their entirety various standards that
cover the transmission of SMS messages, including the GSM standard. EX1004,
2:32-35; EX1006, 43.
The THS collects data from applications or databases, such as bank account
information from a financial database, directions or an emergency location from a
dispatch application, or any other information (such as stock quotes) that can be
extracted from a database. EX1004, 4:40-41, 6:17-8:37, 10:19-44, 12:45-15:28,
Figs. 3-6, 8, 9; EX1006, 44. A terminal also collects data, such as usage
information (watt-hour reading) from a utility meter, a security breach from a
motion detector, varying temperature readings, or location information from a
ground positioning system (GPS) or accelerometer. EX1004, 4:45-47, 6:41-67,
7:51-55, 8:1-23, 10:45-53, 10:60-11:3, 14:60-15:54, 16:20-42, Figs. 3-6, 8, 10;
EX1006, 45.
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U.S. Patent 6,014,089
channel data sequence), Fig. 7), and GSM is a personal communications system
transmission protocol (id., 1:11-22, 2:17-24, 2:51-57, 4:37-42, 5:15-38, 11:10-30
(the personal communications system transmission protocol includes several
standards; standards include a global system for mobility (GSM)), 12:12-28,
14:51-61). EX1006, 51.
Similarly, Serbetciouglu discloses that a THS exchanges SMS messages
with a terminal over a GSM network. EX1004, Title (Short Message Transaction
Handling System), Abstract, 1:9-2:11 (Global System for Mobile
Communications Cellular Standard (GSM 03.4); TCAP is used to implement
Short Messaging service; Short Messaging features are defined for the air
interface, for example, by GSM), 3:1-4:8 (using the existing Short Message
signaling mechanisms), 5:57-6:16, 8:37-9:15, Figs. 3-6 (AIR INTERFACE
GSM); EX1006, 52.
2. Limitation [1a]
Serbetciouglu discloses composing at least one data packet including a
request for data said at least one data packet including said request for data being
in a form which conforms to conventional short message data packets.
Mode 1: The terminal composes an SMS message that includes the request
for data, which Serbetciouglu calls a query, inquiry, and digitally encoded
information. EX1004, Abstract, 3:1-61 (query from a terminal), 6:31-40
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U.S. Patent 6,014,089
(terminal (POS) 322 has the ability to initiate a transaction via the air interface to
SMSC 300 using the short message capability), 7:51-8:23, 8:24-36 (terminal
328, issues a data stream that is interpreted by THS 312 to query), 15:29-16:10,
16:20-42, 16:43-53 (requests stock transaction data), 17:48-53 (requested by a
viewer using a POS), Figs. 3-6 (AIR INTERFACE GSM), 10 (illustrating
terminal interfaced to cellular phone), 11; EX1006, 54. Examples of a request
for data in Serbetciouglu include a request for bank account information,
directions, locations, stock quotes, and any other information that the THS can
extract from a database. Supra Section VI.A; EX1006, 54.
Further, Serbetciouglus SMS message is at least one data packet . . . being
in a form which conforms to conventional short message data packets by being
part of a data packet that conforms to well-known standards, including TCAP for
land interfaces and GSM for air interfaces. EX1004, 1:9-2:5, 2:31-35, 4:32-35,
5:42-48 (message is formatted to be part of a data packet), 9:16-26, Figs. 3-6
(AIR INTERFACE GSM), 7a; EX1006, 55.
Mode 2: The THS composes an SMS message that both includes a request
for data and conforms to the TCAP (for a land interface) and GSM (for an air
interface) standards. EX1004, 6:47-67 (Readings from terminal 324 are reported
on a regular basis, or when specifically requested, to THS 312 . . . .), 7:1-18:23
(GPS system will provide location coordinates to THS 312), 10:44-66 (Meter
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U.S. Patent 6,014,089
reading value; Location data), 11:3-12:10 (describing interpretation of query in
the THS and stating that [t]he same process is generally duplicated in the POS,
wherein a particular incoming message is associated with a particular query),
14:60-64 (watt-hour meter transmits a reading . . . when asked to do so by THS
312), Figs. 3-6, 11 (INCOMING . . . INQUIRY); EX1006, 56. Examples of a
request for data from a THS include requests for telemetry information (e.g., meter
reading) and GPS information (e.g., to position emergency vehicles). Supra
Section VI.A; EX1006, 56. Because composing an SMS message is
conventional, the THS composes the request for data the same way the THS
composes the compiled data, as explained below in Section VI.B.8. EX1006, 56.
To the extent Patent Owner argues that Serbetciouglu does not disclose the
elements of this limitation directed to conventional aspects of SMS messaging
(supra Section IV.A.3 (italicizing and highlighting these conventional aspects)),
Serbetciouglu renders these elements obvious. EX1006, 57. During prosecution,
applicants conceded that the communication of short messages is performed
conventionally and automatically by the GSM network. EX1002 at 212. As
explained, Serbetciouglu discloses the conventional transmission of SMS messages
according to well-known standards such as GSM, which Serbetciouglu
incorporates by reference. EX1004, 2:32-35; EX1006, 57. Thus, these elements
recite a known method with predictable results as part of the conventional
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U.S. Patent 6,014,089
transmission of SMS messages under the GSM standard, and one of ordinary skill
would have been motivated to implement Serbetciouglus methods in compliance
with known standardsas Serbetciouglu instructs, teaches, and suggeststo
expand the usefulness and applicability of those methods. EX1006, 57.
3. Limitation [1b]
Serbetciouglu discloses transmitting said at least one data packet including
said request for data from an access point to a data collection unit via a short
message service portion of a control channel of the personal communications
system transmission protocol as one or more short messages.
Mode 1: Serbetciouglu discloses transmitting the request for data in an SMS
message from the terminal (access point) to a THS (data collection unit) over a
GSM networke.g., to the SMSC via a GSM-air interface and then to the THS via
a TCAP-land or GSM-air interface. EX1004, 3:11-38 (means for transmission
. . . using said Short Messages), 5:57-6:16, 6:17-40 (terminal (POS) 322 has
ability to initiate a transaction via the air interface to SMSC 300; SMSC 300, in
turn, passes the data associated with the transaction to THS 312.), 7:1-8:36
(transmitting requests for dispatch and other applications), 8:37-9:15 (describing
THS-SMSC interface, including GSM-air interface), 9:16-26, 15:29-16:10 (means
to access the cellular network; message is sent to the THS via cellular phone
1010), Figs. 3-6 (AIR INTERFACE GSM), 10 (cellular phone 1010), 11
23
U.S. Patent 6,014,089
(XMIT MESSAGE ENVELOPE); EX1006, 59. The terminal is an access
point because it transmits and receives data over the GSM network (via the GSM-
air interface), and the THS is a data collection unit because it collects, stores, and
processes data from applications or databases. Supra Sections V.A, B, VI.A;
EX1006, 59.
The request for data is transmitted via a short message service portion of a
control channel of the personal communications system transmission protocol
because, as Serbetciouglu explains, the request for data is in the form of one or
more SMS messages. EX1006, 60. Both Serbetciouglu and the incorporated
GSM standard specify that SMS messages are transmitted on a portion of a control
(or signaling) channel, in contrast to using a traffic (voice or data) channel.
EX1004, 1:9-2:5 (short text message interchange . . . is conducted on a signaling
channel, over the air interface, as specified by, for example, GSM), 3:11-21
(signaling channels carry Short Messages), 5:27-48 (three broadly classified
types of messages . . . data, voice and signaling; Signaling messages, in
contrast to data and voice messages; signaling messages, generally operating
on signaling channels, are used in the prior art by a Short Message Service Center
(SMSC)), 9:16-26 (TCAP envelope typical of a Short Message), 11:31-40
(THS 312 has to interpret the incoming data on the signaling channel), Figs. 3-6
(AIR INTERFACE GSM), 7A; supra Section IV.A.1; EX1006, 60.

24
U.S. Patent 6,014,089
Mode 2: Serbetciouglu also discloses transmitting the request for data in the
form of a conventional SMS message from the THS (access point) to a terminal
(data collection unit) over a GSM networke.g., to the SMSC via a TCAP-land or
GSM-air interface and then to the terminal via a GSM-air interface. EX1004,
6:47-67, 7:1-18:23, 11:3-12:10, 14:60-64, Figs. 3-6, 8, 10, 11 (INCOMING . . .
INQUIRY); EX1006, 61. The THS is an access point because it transmits and
receives data over the GSM network (via the TCAP-land or GSM-air interface),
and the terminal is a data collection unit because it collects, stores, and processes
data from devices (such as a utility meter or a GPS device). Supra Sections V.A,
B; EX1006, 61. Because transmitting an SMS message is conventional, the THS
transmits the request for data the same way the THS transmits the compiled data,
as explained below in Section VI.B.9. EX1006, 61.
Serbetciouglu also renders obvious the conventional SMS elements of this
transmitting limitation for the same reasons as the composing limitation above.
Supra Section VI.B.2; EX1006, 62.
4. Limitation [1c]
Serbetciouglu discloses wherein said step of transmitting said at least one
data packet including said request for data includes the step of inserting said at
least one data packet including said request for data into the control channel. As
applicants explained during prosecution, the insertion of the SMS message into
25
U.S. Patent 6,014,089
the control channel is performed conventionally and automatically by the GSM
network. EX1002 at 212. Serbetciouglu discloses the same conventional step of
inserting. EX1006, 63.
Mode 1: To start transmitting the request for data to the THS, the terminal
inserts the request in the form of a conventional SMS data packet into the control
channel of the GSM-air interface. Supra Section VI.B.3; EX1004, 15:29-16:10
(140 bytes are then combined with the header to generate a typical TCAP
compatible message in step 1112 within the cellular network), 16:43-52, Figs. 3-6
(AIR INTERFACE GSM), 10, 11 (COMBINE DATA WITH MESSAGE
ENVELOPE; XMIT MESSAGE ENVELOPE); EX1006, 64.
Mode 2: To start transmitting the request for data to the terminal, the THS
inserts the request in the form of a conventional SMS data packet into the control
channel of the TCAP-land or GSM-air interface. Supra Section VI.B.3; EX1004,
6:47-67, 7:1-18:23, 11:3-12:10, 14:60-64, Figs. 3-6 (AIR INTERFACE GSM),
8; EX1006, 65. Because inserting an SMS message into the control channel is
conventional, the THS inserts the request for data the same way the THS inserts
the compiled data, as explained below in Section VI.B.10. EX1006, 65.
inserting limitation for the same reasons as the composing limitation above. Supra
Section VI.B.2; EX1006, 66.
26
U.S. Patent 6,014,089
5. Limitation [1d]
Serbetciouglu discloses receiving said at least one data packet including
said request for data at said data collection unit.
Mode 1: The THS (data collection unit) receives the request for data in an
SMS message from the terminal. Supra Section VI.B.3; EX1004, Abstract (THS
comprises means for receiving digitally encoded information), 3:11-30, 6:31-40
(data received from mobile terminal), 11:31-40 (receive the message, or query,
from the POS), 12:50-56, 13:62-66, Figs. 8, 9 (RECEIVE POS MESSAGE);
EX1006, 68.
Mode 2: The terminal (data collection unit) receives the request for data in
an SMS message from the THS. EX1004, 3:11-20 (terminal means for
transmitting and receiving messages), 6:47-67, 7:1-18:23, 11:3-12:10, 14:60-64,
16:11-15 (The second way to input information into terminal unit 1020 is to have
an incoming message from cellular phone 1010 originated by THS 312.), Figs. 3-
6, 10, 11 (INCOMING . . . INQUIRY); EX1006, 69. Because receiving an
SMS message is conventional, the terminal receives the request for data the same
way that the terminal receives the compiled data, as explained below in
Section VI.B.11. EX1006, 69.
27
U.S. Patent 6,014,089
receiving limitation for the same reasons as the composing limitation above. Supra
6. Limitation [1e]
Serbetciouglu discloses interpreting said request [f]or data from said
access point by said data collection unit.
Mode 1: Upon receiving the request for data from the terminal, the THS
interprets the request in order to identify the message as a query and determine the
data to be compiled from the corresponding application or database (e.g., a bank
account balance from a financial database). EX1004, Abstract (interpreting the
digitally encoded information), 3:31-56 (means for interpreting), 8:24-36
(interpreted by THS 312), 11:9-12:3 (interpreted from data sent from POS;
THS 312 interprets a message; THS 312 has to interpret the incoming data),
12:22-37, 12:46-13:3, 13:8-34, 13:66-14:30 (interpreting financial inquiry), 15:16-
28 (interpreting directions inquiry), 17:48-67, 19:25-26, Figs. 8, 9 (ANALYZE
CORRELATOR IDENTIFIER); EX1006, 72.
Mode 2: Upon receiving the request for data from the THS, the terminal
interprets the request to know what data must be compiled (e.g., a watt-hour
reading from a utility meter), following an interpretation process similar to the
THS. EX1004, 6:47-67, 7:1-18:23, 11:3-12:10 (describing process for interpreting
28
U.S. Patent 6,014,089
a query in the THS and stating that [t]he same process is generally duplicated in
the POS [terminal], wherein a particular incoming message is associated with a
particular query), 14:60-64, Figs. 10, 11 (INCOMING . . . INQUIRY);
EX1006, 73.
7. Limitation [1f]
Serbetciouglu discloses compiling data from said data collection unit, said
compiled data being requested in said request for data.
Mode 1: Upon interpreting the request for data, the THS compiles the
requested data (which Serbetciouglu calls a query result, query response, or
query reply, e.g., account balance information) from the corresponding
application or database (e.g., a financial database) before transmitting the compiled
data to the terminal. EX1004, Abstract (formulating a query to the database;
receiving a reply from the database), 3:31-56 ( routing, or directing, said query
to said destination database; receiving a database query result from said
destination database), 6:17-30, 8:1-23 (generation of directions), 12:11-21
(message, or query reply, is returned from an application), 13:48-61, 14:31-53
(query response is received), 20:59-21:21 (means for interpreting a query
result), Figs. 8, 9 (RECEIVE RESPONSE FROM DESTINATION); EX1006,
75.
29
U.S. Patent 6,014,089
Mode 2: Upon interpreting the request for data, the terminal compiles the
requested data (e.g., watt-hour reading or GPS coordinates) from a device (e.g.,
utility meter or GPS) before transmitting the compiled data to the THS. EX1004,
6:47-64 (watt-hour meter readings from telemetry terminal; readings from
terminal 324 are reported); 7:1-8:23 (GPS can be provided as part of
terminal 326; GPS system will provide location coordinates to THS 312;
Ground Positioning System (GPS) . . . interfaced to terminal 326 for automatic
position reporting; accelerometers whose motion information is integrated with
the GPS readings), 11:3-12:10, 14:60-64; EX1006, 76.
8. Limitation [1g]
Serbetciouglu discloses composing at least one data packet including, said
compiled data, said at least one data packet including compiled data being in a
form which conforms [to] conventional short message data packets.
Mode 1: The THS composes an SMS message that includes the data
compiled by the THS (e.g., the query result). EX1004, Abstract (reply is
interpreted in the THS for compatibility with the cellular network and the structure
of the Short Messages within it), 3:1-61 (means for transforming and interpreting
said query result to generate a Short Message), 5:56-6:16, 8:37-50 (GSM-air
interface at THS), 8:65-9:15, 12:11-37 (interprets the query response . . . to a
message compatible with POS 322 . . . and the SMSC), 12:50-13:7, 14:42-55
30
U.S. Patent 6,014,089
(message . . . is composed for transmission to the POS), 20:59-21:21, Figs. 8, 9
(PREPARE ENCRYPTED RESPONSE FOR TRANSMISSION TO POS);
EX1006, 78.
As explained, each SMS message exchanged between the THS and the
terminal is at least one data packet . . . being in a form which conforms [to]
conventional short message data packets by being part of a data packet that
conforms to well-known standards, including TCAP for land interfaces and GSM
for air interfaces. Supra Section VI.B.2; EX1006, 79.
Mode 2: The terminal composes an SMS message that both includes the data
compiled by the terminal (e.g., digitally encoded information) and conforms to the
GSM standard. EX1004, 6:47-67, 7:1-18:23, 11:3-12:10, 14:60-64, Figs. 3-6
(AIR INTERFACE GSM), 10, 11; EX1006, 80. The terminal composes the
compiled data the same way the terminal composes a request for data, as
explained above in Section VI.B.2. EX1006, 80.
composing limitation for the same reasons as the composing limitation above.
9. Limitation [1h]
said compiled data from said data collection unit to said access point via said
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U.S. Patent 6,014,089
short message service portion of the control channel of the personal
communications system transmission protocol as one or more short messages.
Mode 1: Serbetciouglu discloses transmitting the compiled data in an SMS
message from the THS (data collection unit) to the terminal (access point) over a
GSM networke.g., to the SMSC via a TCAP-land or GSM-air interface and then
to the terminal via a GSM-air interface. EX1004, Abstract (routed to a
terminal), 3:1-61 (respond to a query from a terminal; send the response to the
original requester), 5:57-6:16, 8:37-9:11, 12:45-13:7, 14:42-55 (transmitted to
the POS), Figs. 3-6 (AIR INTERFACE GSM), 9 (TRANSMIT RESPONSE
TO POS); EX1006, 83.
As explained, the compiled data is transmitted via a short message service
portion of a control channel of the personal communications system transmission
protocol because Serbetciouglu discloses that the compiled data is transmitted via
SMS message on a portion of the control (or signaling) channel in accordance with
the GSM standard. Supra Section VI.B.3; EX1006, 84.
Mode 2: Serbetciouglu also discloses transmitting the compiled data in the
form of a conventional SMS message from the terminal (data collection unit) to
the THS (access point) over a GSM networke.g., to the SMSC via a GSM-air
interface and then to the THS via a TCAP-land or GSM-air interface. EX1004,
6:47-67, 7:1-18:23, 11:3-12:10, 14:60-64, Figs. 3-6, 10, 11; EX1006, 85. The
32
U.S. Patent 6,014,089
terminal transmits the compiled data the same way the terminal transmits the
request for data, as explained above in Section VI.B.3. EX1006, 85.
10. Limitation [1i]
Serbetciouglu discloses wherein said step of transmitting said at least one
data packet including said compiled data includes the step of inserting said at least
one data packet including said compiled data into the control channel. As
applicants explained, the insertion of the SMS message into the control channel
is performed conventionally and automatically by the GSM network. EX1002
at 212. Serbetciouglu discloses the same conventional step of inserting. EX1006,
87.
Mode 1: To start transmitting the compiled data to the terminal, the THS
inserts the compiled data in the form of a conventional SMS data packet into the
control channel of the TCAP-land or GSM-air interface. Supra Section VI.B.9;
EX1004, 14:42-55, Figs. 3-6 (AIR INTERFACE GSM), 8, 9 (PREPARE
ENCRYPTED RESPONSE FOR TRANSMISSION TO POS; TRANSMIT
RESPONSE TO POS); EX1006, 88.
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U.S. Patent 6,014,089
Mode 2: To start transmitting the compiled data to the THS, the terminal
inserts the compiled data in the form of a conventional SMS data packet into the
control channel of the GSM-air interface. Supra Section VI.B.9; EX1004, 6:47-67,
7:1-18:23, 11:3-12:10, 14:60-64, Figs. 3-6, 10, 11; EX1006, 89. The terminal
inserts the compiled data the same way the terminal inserts the request for data, as
11. Limitation [1j]
Serbetciouglu discloses receiving said at least one data packet including
said compiled data at said access point.
Mode 1: The terminal (access point) receives the compiled data in the form
of an SMS message from the THS. See EX1004, Abstract (routed to a terminal),
3:1-61 (exchange information between a plurality of POS terminals; means for
transmission of said message on said telephone network to said originating address
using said Short Messages), 15:30-54 (incoming short messages), 16:11-19
(way to input information into terminal unit 1020 is to have an incoming message
from cellular phone 1010 originated by THS 312), 16:43-53 (provide the
requested stock related information), 20:58-21:21 (direct said reply Short
34
U.S. Patent 6,014,089
Messages to said originating address), Figs. 10, 11 (INCOMING REPLY);
EX1006, 92.
Mode 2: The THS (access point) receives the compiled data in the form of
an SMS message from the terminal. EX1004, 6:47-67 (readings from telemetry
terminal), 7:1-8:23, 11:3-12:10, 14:60-64, Figs. 3-6, 8; EX1006, 93. The THS
receives the compiled data the same way the THS receives the request for data, as
C. Claim 2 Is Anticipated and Rendered Obvious by Serbetciouglu

Claim 2 depends from claim 1 and further requires that said steps of
transmitting at least one data packet including said request for data and
transmitting at least one data packet including said compiled data use the personal
communications system transmission protocol of a network selected from the
group consisting of a global system for mobility (GSM) technology network . . . .
Serbetciouglu discloses this limitation.
Mode 1: Serbetciouglu discloses this limitation because both transmitting
the request for data from the terminal and transmitting the compiled data from the
THS use the personal communications system transmission protocol of a global
35
U.S. Patent 6,014,089
system for mobility (GSM) technology network. Supra Sections VI.B.3, VI.B.9;
EX1006, 97.
Mode 2: Serbetciouglu also discloses this limitation because both
transmitting the request for data from the THS and transmitting the compiled data
from the terminal use the personal communications system transmission protocol
of a global system for mobility (GSM) technology network. Supra
Sections VI.B.3, VI.B.9; EX1006, 98.
D. Claim 3 Is Anticipated and Rendered Obvious by Serbetciouglu

Claim 3 depends from claim 1 and further requires that said steps of
transmitting at least one data packet including said request for data and
transmitting at least one data packet including said compiled data use a stand-
alone dedicated control channel (SDCCH) packet of said control channel of the
personal communications system transmission protocol. Serbetciouglu discloses
this limitation.
Mode 1: Serbetciouglu discloses both transmitting the request for data from
the terminal and transmitting the compiled data from the THS over a GSM
network, and as explained, the GSM standardwhich Serbetciouglu incorporates
(EX1004, 2:32-35)uses an SDCCH packet to transmit SMS messages. Supra
Sections IV.A.1, VI.C; EX1006, 101.
36
U.S. Patent 6,014,089
Mode 2: Serbetciouglu also discloses both transmitting the request for data
from the THS and transmitting the compiled data from the terminal over a GSM
network, and as explained, the GSM standard uses an SDCCH packet to transmit
SMS messages. Supra Sections IV.A.1, VI.C; EX1006, 102.
limitationusing an SDCCH packetfor the same reasons as the composing
limitation above. Supra Sections IV.A.1, VI.B.2; EX1006, 103.
E. Claim 4 Is Anticipated and Rendered Obvious by Serbetciouglu
Claim 4 is like claim 3, except instead of an SDCCH packet, claim 4 recites
a slow associated control channel (SACCH) packet. Serbetciouglu discloses this
limitation.
Mode 1: Serbetciouglu discloses both transmitting the request for data from
the terminal and transmitting the compiled data from the THS over a GSM
network, and as explained, the GSM standardwhich Serbetciouglu incorporates
(EX1004, 2:32-35)uses an SACCH packet to transmit SMS messages. Supra
Sections IV.A.1, VI.C; EX1006, 106.
Mode 2: Serbetciouglu also discloses both transmitting the request for data
from the THS and transmitting the compiled data from the terminal over a GSM
network, and as explained, the GSM standard uses an SACCH packet to transmit
SMS messages. Supra Sections IV.A.1, VI.C; EX1006, 107.
37
U.S. Patent 6,014,089
limitationusing an SACCH packetfor the same reasons as the composing
limitation above. Supra Sections IV.A.1, VI.B.2; EX1006, 108.
F. Claim 5 Is Anticipated and Rendered Obvious by Serbetciouglu

Claim 5 depends from claim 1 and recites three additional limitations ([5a],
[5b], and [5c] below) that are not tied to any element of claim 1. Serbetciouglu
discloses these limitations based on the second mode of operation. EX1006, 110.
[5a] Serbetciouglu discloses sensing analog data at a first location by
disclosing utility meters for sensing watt-hours, accelerometers for sensing
movement, and temperature sensors for sensing temperatures. EX1004, 6:47-67
(watt-hour meter readings), 15:1-15 (telemetry unit is not limited to on-off type
devices, but can be used with an analog to digital (A/D) converter to provide
monitoring of varying, continuous parameters, such as temperature readings over a
temperature range); 15:16-28; 16:20-31 (accelerometers 1022, provide motion
information; accelerometer sensing axes; such as part number ADXL05);
EX1025 at 6; EX1006, 111. One of ordinary skill would have known that this
data in Serbetciouglu (e.g., watt-hours, movements, and temperatures) are in an
analog format (i.e., varying, continuous parameters). EX1006, 111.
[5b] Serbetciouglu discloses converting the sensed analog data to digital
data because the analog data from the utility meters, accelerometers, and
38
U.S. Patent 6,014,089
temperature sensors are converted to digital datasuch as by using an analog to
digital (A/D) converter, as Serbetciouglu teachesbefore being transmitted via an
SMS message (which is digital) as digitally encoded information. EX1004,
Abstract (digitally encoded information), 3:1-61, 6:47-67 (meters equipped
with means similar to terminal 324 capable of digitizing and converting for
transmission via an air interface consumption of various metered utilities), 11:64-
67, 12:50-56, 15:1-15 (analog to digital (A/D) converter), 20:7-18 (digitally
encoded information is derived from a telemetry transmitter; transmitter is a
watt-hour meter), Figs. 3-6, 7a, 11; EX1006, 112.
[5c] Serbetciouglu discloses processing the digital data because the
terminal processes the digitally encoded information before transmitting the
information in an SMS message and the THS processes the digitally encoded
information after receiving the information in an SMS message. EX1004, 6:47-
8:23 (processing of telemetry and dispatch digitally encoded information at THS),
14:59-15:28 (same), 15:55-16:10 (processing of digitally encoded information at
terminal), Figs. 8-11; EX1006, 113.
G. Claim 6 Is Rendered Obvious by Serbetciouglu
Claim 6 depends from claim 1 and recites three additional limitations ([6a],
[6b], and [6b] below) that are not tied to any element of claim 1, except for the
39
U.S. Patent 6,014,089
data collection unit. Serbetciouglu discloses or renders these limitations obvious
based on the second mode of operation. EX1006, 115.
[6a] As explained, Serbetciouglu discloses collecting data at said data
collection unit by collecting data at the terminal. Supra Section VI.B.7; EX1006,
116.
[6b] Serbetciouglu renders obvious electronically stamping said collected
data with a date and time that said data was collected by said collecting step.
EX1006, 117. Serbetciouglu discloses the terminal electronically stamping the
collected data with a time that the data was collected. EX1004, 10:8-14 (Message
Correlator identifies . . . the transaction being transmitted from the terminal;
[t]his identification is made up of . . . the time of day internal to the terminal),
Fig. 10 (TIME OF DAY). Serbetciouglu renders it obvious to stamp the data
with both the date and time because doing so was a conventional, known method
for telemetry applications with predictable results. See, e.g., EX1018, 5:24-32
(use of the time tag permits correlation of the selected data to a specific time,
thereby assisting processing of the collected data at a later date); EX1019, 5:20-23
(timing data typically includes a date and time stamp to ensure unique
identification of the data packets); EX1006, 117. Indeed, the 089 Patent
describes no particular way of stamping (including only a black-box disclosure of
stamp device 108), and identifies prior art that discloses meters that perform this
40
U.S. Patent 6,014,089
limitation. EX1001, 1:29-40 (citing EX1017), 3:29-43, 8:10-15, 13:26-40, Fig. 6
(STAMP 108); EX1017, 13:25-47 (table 1 - DATE - TIME), Fig. 3 (CLOCK
/ CALENDAR DATA); EX1006, 117. One of ordinary skill would have been
motivated to stamp the data with both the date and time to assist with and add
functionality to processing the collected datae.g., uniquely identifying or
visualizing trends in the data over time. EX1018, 5:24-32; EX1006, 117.
[6c] Serbetciouglu renders obvious storing said processed and
electronically stamped data, because Serbetciouglu discloses storing the collected
data (e.g., in memory of the THS or terminal, before or after transmission) and
thus stores the processed and electronically stamped collected data in the same
way. EX1004, 13:58-61 (memory allocation), 15:39-45 (Terminal unit 1020
has . . . work area RAM), 16:51-53 (stored in internal memory), 20:49-51
(message storage means), Fig. 10 (RAM); EX1006, 118.
H. Claim 7 Is Anticipated and Rendered Obvious by Serbetciouglu
Serbetciouglu anticipates and renders obvious claim 7 based on the two
modes described above in Section VI.B. EX1006, 119.
1. Preamble
To the extent the preamble is considered limiting, Serbetciouglu discloses
the preamble. Supra Section VI.B.1; EX1006, 120.
41
U.S. Patent 6,014,089
2. Limitation [7a]
Serbetciouglu discloses automatically collecting data at a data collection
unit.
Mode 1: The THS collects data from an application or database without an
individual manually entering the data. Supra Sections V.C, VI.B.7; EX1004,
Abstract (receiving a reply from the database), 3:31-56 (routing, or directing,
said query to said destination database; receiving a database query result), 6:17-
30, 8:1-23 (generation of directions to the next destination), 12:11-21 (a
message, or query reply, is returned from an application), 13:48-61, 14:5-53
(query response is received), 20:59-21:21, Figs. 3-6, 8 (illustrating software
layers that allow the THS to automatically collect data), 9 (RECEIVE
RESPONSE FROM DESTINATION); EX1006, 122.
Mode 2: The terminal collects data from devices (e.g., utility meter, GPS, or
alarm) without an individual manually entering the data. Supra Sections V.C,
VI.B.7; EX1004, 6:47-64 (meter readings from telemetry terminal; readings
from terminal 324 are reported); 7:1-8:23 (GPS system will provide location
coordinates to THS 312; Ground Positioning System (GPS) . . . interfaced to
terminal 326 for automatic position reporting; accelerometers whose motion
information is integrated with the GPS readings), 11:3-12:10, 14:60-64 (meter
42
U.S. Patent 6,014,089
transmits a reading to THS 312), 15:1-15 (smoke detector is interfaced to
automatically issue a message to the THS; motion detectors); EX1006, 123.
3. Limitation [7b]
Serbetciouglu discloses composing at least one data packet including said
collected data, said at least one data packet including said collected data being in
a form which conforms to conventional short message data packets.
Mode 1: As explained, the THS composes an SMS message that both
includes the data collected by the THS (e.g., the query result) and conforms to the
TCAP (for a land interface) or GSM (for an air interface) standard. Supra
Mode 2: As explained, the terminal composes an SMS message that both
includes the data collected by the terminal (e.g., digitally encoded information) and
conforms to the GSM standard. Supra Section VI.B.8; EX1006, 126.
4. Limitation [7c]
Serbetciouglu discloses inserting said at least one data packet including
said collected data in a short message service portion of a control channel of the
43
U.S. Patent 6,014,089
personal communications system transmission protocol as one or more short
messages.
Mode 1: As explained, to start transmitting the collected data to the
terminal, the THS inserts the collected data in the form of a conventional SMS
data packet into the control channel of the TCAP-land or GSM-air interface.
Mode 2: As explained, to start transmitting the collected data to the THS,
the terminal inserts the collected data in the form of a conventional SMS data
packet into the control channel of the GSM-air interface. Supra Section VI.B.10;
EX1006, 130.
5. Limitation [7d]
said collected data to an access point via said short message service portion of the
control channel of the personal communications system transmission protocol as
one or more short messages.
Mode 1: As explained, Serbetciouglu discloses transmitting the collected
data in the form of a conventional SMS message from the THS to the terminal
44
U.S. Patent 6,014,089
(access point) over a GSM networke.g., to the SMSC via a TCAP-land or GSM-
air interface and then to the terminal via a GSM-air interface. Supra
Mode 2: As explained, Serbetciouglu also discloses transmitting the
collected data in the form of a conventional SMS message from the terminal to the
THS (access point) over a GSM networke.g., to the SMSC via a GSM-air
interface and then to the THS via a TCAP-land or GSM-air interface. Supra
I. Claim 8 Is Rendered Obvious by Serbetciouglu

Claim 8 depends from claim 7 and further requires stamping said collected
data with a date and time that said data was collected by said collecting step.
Serbetciouglu renders obvious this limitation for the same reasons as claim 6
above. Supra Section VI.G; EX1006, 137.
J. Claim 9 Is Anticipated and Rendered Obvious by Serbetciouglu

Claim 9 depends from claim 7 and further requires that the step of
transmitting uses the personal communications system transmission protocol of a
network selected from the group consisting of a global system for mobility (GSM)
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U.S. Patent 6,014,089
technology network . . . . Serbetciouglu discloses this limitation for the same
reasons as claim 2 above. Supra Section VI.C; EX1006, 139.
K. Claim 10 Is Anticipated and Rendered Obvious by Serbetciouglu
Claim 10 depends from claim 7 and recites two additional limitations (1
and 2 below). Serbetciouglu discloses these limitations. EX1006, 141.
1. receiving said at least one data packet including said

collected data at said access point
Mode 1: The terminal (access point) receives the collected data in the form
of an SMS message from the THS. Supra Section VI.B.11; EX1006, 142.
Mode 2: The THS (access point) receives the collected data in the form of
an SMS message from the terminal. Supra Section VI.B.11; EX1006, 143.
2. interpreting said collected data at said access point
Mode 1: Upon receiving the collected data from the THS, the terminal
(access point) interprets the collected data the same way it interprets a request for
data, as explained above in Section VI.B.6. EX1004, 7:1-8:36 (interpreting
directions); EX1006, 145.
Mode 2: Upon receiving the collected data from the terminal, the THS
(access point) interprets the collected data the same way it interprets a request for
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U.S. Patent 6,014,089
data, as explained above in Section VI.B.6. EX1004, 6:47-67 (interpreting meter
reading); EX1006, 146.
L. Claim 16 Is Anticipated and Rendered Obvious by Serbetciouglu
Claim 16 depends from claim 1 and further requires that a plurality of data
packets including said compiled data are received by the access point in response
to said at least one data packet including said request for data made by the access
point. Serbetciouglu discloses this limitation.
Modes 1 and 2: Serbetciouglu teaches that [m]essage contents can be
spread over more than one message if message length exceeds 140 bytes.
EX1004, 16:1-10; see id., 10:8-12 (Message Correlator identifies . . . number of
short messages that may need to be considered to form a complete transaction
query); EX1006, 149.
Serbetciouglu also renders this limitation obvious because sending a
plurality of data packets was conventional. EX1006, 150. This limitation recites
a known methodsimply repeating the composing and transmitting steps until
transmission of the compiled data is completewith predictable results, and one
of ordinary skill would have been motivated to send a plurality of data packets in
order to transmit more compiled data than could be sent in a single SMS message,
expanding the usefulness and applicability of Serbetciouglus methods. EX1006,
150.
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U.S. Patent 6,014,089
M. Claim 17 Is Anticipated and Rendered Obvious by Serbetciouglu
Claim 17 depends from claim 7 and further requires that the automatically
collected data relates to a security breach. Serbetciouglu discloses this
limitation.
Mode 2: The terminal may automatically collect data from an alarm unit
(supra Section VI.H.2), and [w]ell known infra-red, ultra sonic or other type of
motion detectors can also be interfaced to the alarm telemetry unit to report
unauthorized entry on protected premises. EX1004, 15:1-15; EX1006, 153.
N. Claim 18 Is Anticipated and Rendered Obvious by Serbetciouglu

Claim 18 depends from claim 7 and further requires that the automatically
collected data relates to utility meter information. Serbetciouglu discloses this
limitation.
Mode 2: The terminal automatically collects utility meter information (e.g.,
watt-hours). EX1004, 6:47-67 (watt-hour meter readings from telemetry
terminal), 14:59-64 (general POS function is replaced by a utility meter, such as
a water, gas meter or watt-hour meter; watt-hour meter transmits a reading to
THS 312), Fig. 10 (UTILITY METER); EX1006, 156.
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U.S. Patent 6,014,089
O. Claim 19 Is Anticipated and Rendered Obvious by Serbetciouglu
Claim 19 depends from claim 7 and further requires that the data is
automatically collected at some predetermined time. Serbetciouglu discloses this
limitation.
Mode 2: The terminal automatically collects utility meter readings at some
predetermined time. EX1004, 14:59-64 (the watt-hour meter transmits a reading
to the THS 312 either at a pre-selected time interval, or, when asked); see also id.,
6:47-67 (watt-hour meter readings from telemetry terminal 324), Fig. 10
(UTILITY METER); EX1006, 159.
P. Claim 20 Is Anticipated and Rendered Obvious by Serbetciouglu

Claim 20 depends from claim 7 and further requires that the data is
automatically collected upon the occurrence of a particular event. Serbetciouglu
discloses this limitation.
Modes 1 and 2: Each of the terminal and the THS automatically collects data
upon the occurrence of a particular event, e.g., a request for data from the other as
explained above for claim 1. Supra Sections VI.B, VI.H.2; EX1006, 162.
Further, each automatically collects data upon the occurrence of other events, such
as a security breach or other alarm condition. Supra Section VI.H.2; EX1004,
15:1-15 (automatically issue a message to the THS alerting about a possible fire
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U.S. Patent 6,014,089
condition; interfaced to the alarm telemetry unit to report unauthorized entry on
protected premises); EX1006, 162.
Q. Claim 21 Is Anticipated and Rendered Obvious by Serbetciouglu
Claim 21 depends from claim 20 and further requires that the event is a
security breach. Serbetciouglu discloses this limitation.
Mode 2: The terminal automatically collects data upon the occurrence of a
security breach. Supra Section VI.P; EX1004, 15:1-15 (unauthorized entry);
EX1006, 165.
R. Claim 22 Is Anticipated and Rendered Obvious by Serbetciouglu

Claim 22 depends from claim 7 and further requires that a plurality of data
packets including collected data are sent to the access point in response to one or
more requests for data made by the access point, wherein said one or more
requests for data are in a form which conforms to a conventional short message
data packet. Serbetciouglu discloses and renders obvious these limitations for the
same reasons as claim 16 above in Sections VI.B and VI.L. EX1004, 16:1-10
(contents can be spread over more than one message); EX1006, 166-67.
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U.S. Patent 6,014,089
VII. GROUNDS 3 AND 4: CLAIMS 1-5, 7, 9, 10, 18, AND 20 ARE

ANTICIPATED AND RENDERED OBVIOUS BY LAHTINEN
A. Overview of Lahtinen
Lahtinen was filed on February 11, 1992, and issued on September 27, 1994.
EX1005. Thus, Lahtinen is prior art to the 089 Patent under pre-AIA 35 U.S.C.
102(b).
Like the 089 Patent, Lahtinen is directed to transmitting data via
conventional SMS messages over a control channel of a PCS transmission protocol.
EX1005, Abstract; EX1006, 169. Specifically, a first terminal (access point)
transmits a request for data via SMS message to a second terminal (data collection
unit) over a cellular network (e.g., GSM), and in response, the second terminal
automatically collects and transmits the requested data back over the network via
an SMS message to the first terminal. EX1005, Abstract, 2:66-68, 5:60-6:54, 7:62-
8:41 (GSM short message service), Figs. 6, 7, 12, 13; EX1006, 169.
In Figures 1 and 3, telephone 1 requests data (e.g., contact information) via
SMS message (dotted line B), and in response, telephone 2 (in figure 1) or short
message service center (SC) (in figure 3) transmits requested data via an SMS
message (dotted line C) to telephone 1. EX1005, 2:52-53, 57-60, 3:15-4:62.
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U.S. Patent 6,014,089
B. Claim 1 Is Anticipated and Rendered Obvious by Lahtinen
1. Preamble
To the extent the preamble is considered limiting, Lahtinen discloses
transmitting a data sequence via a personal communications system transmission
protocol. As explained, any SMS message constitutes a data sequence, and
GSM is a personal communications system transmission protocol. Supra
Similarly, Lahtinen discloses a first terminal exchanging conventional SMS
messages with a second terminal over a GSM network. EX1005, Abstract (well
known ISDN, GSM or CMS88 type networks), 1:24-68 (over the signalling
channel of the GSM network; short message transmission in the GSM network,
such as GSM 03.40), 2:27-46, 3:54-59, 5:15-23 (short message according to the
GSM standard), 6:59-7:15 (conventional GSM telephones), 7:26-33, 8:2-13,
Figs. 1, 3, 6, 7, 8b, 9, 11-13; EX1006, 175.
2. Limitation [1a]
Lahtinen discloses composing at least one data packet including a request
for data said at least one data packet including said request for data being in a
form which conforms to conventional short message data packets.
The first terminal composes an SMS message that includes a request for
data (which Lahtinen calls an information request or query). EX1005, 2:37-
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U.S. Patent 6,014,089
46 (query message), 3:23-31 (Arrow B indicates the forwarding of the
communication information request as a short message from telephone 1 to
telephone 2.), 4:10-11, 7:16-33 (message-based query concerning the amount of
the oil; query (arrow 35)), 8:7-41, 9:9-13 (send a query message to inquire
information), Figs. 12, 13 (querydetails); EX1006, 177. Examples of requests
in Lahtinen include requests for contact information, any information that could be
extracted from an information system (e.g., stock exchange information), and
telemetry data (e.g., amount of oil in tank). Supra Section VII.A; EX1006, 177.
Further, Lahtinens SMS message is at least one data packet . . . being in a
form which conforms to conventional short message data packets by being part of
a data packet that conforms to well-known standards, including GSM. Supra
Section VII.B.1; EX1005, 1:24-68 (short message transmission in the GSM
network, such as GSM 03.40); EX1006, 178.
Lahtinen also renders obvious the conventional SMS elements of this
composing limitation for the same reasons as Serbetciouglu above. Supra
Section VI.B.2; EX1006, 179. Like Serbetciouglu, Lahtinen teaches and
suggests the conventional transmission of SMS messages according to well-known
standards, such as GSM, for example, to improve the accessibility of terminal
equipment subscribers and so that the availability of users of the integrated
services network and their access of information is crucially improved and so that
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U.S. Patent 6,014,089
speech communication between users of the voice channels is even partly
replaceable by sophisticated informatory auxiliary functions. EX1005, 1:24-68,
2:1-11; see also id., Abstract, 2:27-46, 3:54-59, 5:15-23, 6:64-7:15, 7:26-47, 8:2-7;
EX1006, 179.
3. Limitation [1b]
Lahtinen discloses transmitting said at least one data packet including said
request for data from an access point to a data collection unit via a short message
service portion of a control channel of the personal communications system
transmission protocol as one or more short messages.
Lahtinen discloses transmitting the request for data in an SMS message
from the first terminal (access point) to the second terminal (data collection unit)
over a GSM networke.g., to the SMSC via a GSM-air interface and then to the
other terminal via a GSM-air interface. EX1005, 3:15-59 (Arrow B indicates the
forwarding of the communication information request as a short message from
telephone 1 to telephone 2.), 4:30-62 (Arrow B shows the travel of the
communication information request as a short message from telephone 1 to the
service center SC.), 6:59-7:15 (information contained in said information system
can be inquired by way of terminal equipment 1), 7:26-33 (able at any time to
execute with his GSM mobile phone 1 a query (arrow 35)), 7:34-61 (information
system 37 of a heating oil company can automatically inquire the amounts of oil in
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U.S. Patent 6,014,089
the oil tanks), 9:4-26 (send a query message to inquire information), Figs. 1
(request for data in dotted arrow B), 3 (same), 8b, 10 (request for data in arrow 35),
11; EX1006, 292. The first terminal is an access point because it transmits and
receives data over the GSM network (via the GSM-air interface), and the second
terminal is a data collection unit because it collects, stores, and processes data
(such as from a user, an SMSC, an information system, or a telemetry unit). Supra
Sections V.A, B, VII.A; EX1006, 181.
The request for data is transmitted via a short message service portion of a
control channel of the personal communications system transmission protocol
because, as Lahtinen explains, the request for data is in the form of one or more
SMS messages. EX1006, 182. Lahtinen specifiesand one of ordinary skill in
the art would have knownthat the SMS messages are transmitted on a portion of
a control (or signalling) channel of the GSM network. EX1005, 1:33-47 (short
messages are transmitted . . . over the signalling channel of the GSM network and,
not a voice channel), 5:4-7 (mobile phone (MS) in a vehicle 7 is connected to the
telefax services of the short message center SC via the signalling channel of a
PLMN network); EX1006, 182.
Supra Section VII.B.2; EX1006, 183.
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U.S. Patent 6,014,089
4. Limitation [1c]
Lahtinen discloses wherein said step of transmitting said at least one data
packet including said request for data includes the step of inserting said at least
one data packet including said request for data into the control channel. The step
of inserting is performed conventionally and automatically by the GSM network.
EX1002 at 212. To start transmitting the request for data to the second terminal,
the first terminal inserts the request for data in the form of a conventional SMS
data packet into the control channel of the GSM-air interface. Supra
Section VII.B.3; EX1005, 1:33-47 (short messages are transmitted . . . over the
signalling channel of the GSM network), 5:4-7 (via the signalling channel);
EX1006, 184.
Section VII.B.2; EX1006, 185.
5. Limitation [1d]
Lahtinen discloses receiving said at least one data packet including said
request for data at said data collection unit. The second terminal (data collection
unit) receives the request for data in an SMS message from the first terminal.
Supra Section VII.B.3; EX1005, 8:2-13 (in the GSM short message service, a
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U.S. Patent 6,014,089
mobile phone receives the message in the format shown in FIG. 12); EX1006,
186.
6. Limitation [1e]
Lahtinen discloses interpreting said request [f]or data from said access
point by said data collection unit. Upon receiving the request for data from the
first terminal, the second terminal interprets the request in order to identify the
message as a query and determine the data to be compiled (e.g., contact
information, data from a stock exchange information system, or oil tank level).
EX1005, 7:62-8:41 (content of field 40 can indicate that the query message is a
message of a certain query application; terminal equipment replying to the query
will go through the content of the message character for character, identify a query
message on the basis of identification 44), Figs. 12, 13; EX1006, 189.
7. Limitation [1f]
Lahtinen discloses compiling data from said data collection unit, said
compiled data being requested in said request for data. Upon interpreting the
request for data, the second terminal compiles the requested data (e.g., contact
information, stock exchange information, or amount of oil) from a device (e.g.,
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U.S. Patent 6,014,089
memory in the terminal, an SMSC, an information system, or a sensor) before
transmitting the compiled data to the first terminal. EX1005, Abstract (content of
the automatic answer transmission is automatically fetched), 3:15-59 (When
telephone 2 identifies the communication information request, it automatically
transmits the communication information stored in its memory as a short
message C back to telephone 1 . . . .), 4:30-62 (When the SC identifies the
communication information request, it automatically transmits the communication
information stored in its database as a short message C back to telephone 1 . . . .),
6:59-7:15 (information contained in said information system can be inquired by
way of terminal equipment 1; stock exchange information system, for which data
can be inquired by any holder of a normal terminal equipment 1 (a GSM
telephone)), 7:26-61 (in reply (arrow 36) to which he receives the amount of the
oil 33 in the tank 32, in short message form), 9:14-15 (generating a reply
message in response to the query message); EX1006, 191.
8. Limitation [1g]
Lahtinen discloses composing at least one data packet including, said
compiled data, said at least one data packet including compiled data being in a
form which conforms [to] conventional short message data packets.
The second terminal composes an SMS message that includes the data
compiled by the second terminal (e.g., contact information, stock exchange
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U.S. Patent 6,014,089
information, or amount of oil). Supra Sections VII.B.1, 7; EX1005, 3:15-59
(transmits the communication information stored in its memory as a short
message C), 4:30-62, 6:59-7:15, 7:26-61 (in reply (arrow 36) to which he
receives the amount of the oil 33 in the tank 32, in short message form); EX1006,
193. As explained, each SMS message exchanged between the first and second
terminals is at least one data packet . . . being in the form which conforms [to]
conventional short message data packets by being part of a data packet that
conforms to well-known standards, including GSM. Supra Section VII.B.2;
EX1006, 193.
9. Limitation [1h]
compiled data from said data collection unit to said access point via said short
message service portion of the control channel of the personal communications
system transmission protocol as one or more short messages.
Lahtinen discloses transmitting the compiled data in an SMS message from
the second terminal (data collection unit) to the first terminal (access point) over a
GSM networke.g., to the SMSC via a GSM-air interface and then to the first
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U.S. Patent 6,014,089
terminal via a GSM-air interface. Supra Section VII.B.8; EX1005, 3:15-59
(transmits the communication information stored in its memory as a short
message), 4:30-62, 6:59-7:15, 7:26-61 (in reply (arrow 36) to which he receives
the amount of the oil 33 in the tank 32, in short message form); EX1006, 196.
As explained, the compiled data is transmitted via a short message service
portion of the control channel of the personal communications system transmission
protocol, because Lahtinen discloses that the compiled data is transmitted via
SMS message on a portion of the control channel in accordance with the GSM
standard. Supra Section VII.B.3; EX1006, 197.
10. Limitation [1i]

Lahtinen discloses wherein said step of transmitting said at least one data
packet including said compiled data includes the step of inserting said at least one
data packet including said compiled data into the control channel. EX1006,
199. The step of inserting is performed conventionally and automatically by the
GSM network. EX1002 at 212. To start transmitting the compiled data to the
first terminal, the second terminal inserts the compiled data in the form of a
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U.S. Patent 6,014,089
conventional SMS data packet into the control channel of the GSM-air interface.
Supra Section VII.B.9; EX1005, 1:24-68, 7:62-8:41, Figs. 12, 13; EX1006, 199.
11. Limitation [1j]
Lahtinen discloses receiving said at least one data packet including said
compiled data at said access point. EX1006, 201. The first terminal (access
point) receives the compiled data in an SMS message from the second terminal.
EX1005, Abstract (calling subscriber will in turn automatically receive
information), 3:15-59 (back to telephone 1), 4:30-62, 6:59-7:15 (information
system can be inquired by way of terminal equipment 1), 7:26-61 (receives the
amount of the oil 33 in the tank 32, in short message form), 8:2-13 (in the GSM
short message service, a mobile phone receives the message); EX1006, 201.
C. Claim 2 Is Anticipated and Rendered Obvious by Lahtinen

Lahtinen discloses the limitation of claim 2 because both steps of
transmitting the request for data and transmitting the compiled data use the
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U.S. Patent 6,014,089
personal communications system transmission protocol of a global system for
mobility (GSM) technology network. Supra Sections VII.A, B.1, 3, 9; EX1006,
204.
D. Claim 3 Is Anticipated and Rendered Obvious by Lahtinen

Lahtinen discloses the limitation of claim 3 because Lahtinen discloses, for
both steps of transmitting, transmitting conventional SMS messages over a GSM
network, and as explained, the GSM standard uses an SDCCH packet to transmit
SMS messages. Supra Sections IV.A.1, VII.C; EX1006, 206.
limitationusing an SDCCH packetfor the same reasons as the composing
limitation above. Supra Sections IV.A.1, VII.B.2; EX1006, 207.
E. Claim 4 Is Anticipated and Rendered Obvious by Lahtinen

Lahtinen discloses the limitation of claim 4 because Lahtinen discloses, for
both steps of transmitting, transmitting conventional SMS messages over a GSM
network, and as explained, the GSM standard uses an SACCH packet to transmit
SMS messages. Supra Sections IV.A.1, VII.C; EX1006, 209.
limitationusing an SACCH packetfor the same reasons as the composing
limitation above. Supra Sections IV.A.1, VII.B.2; EX1006, 210.
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U.S. Patent 6,014,089
F. Claim 5 Is Anticipated and Rendered Obvious by Lahtinen
Lahtinen discloses the limitations of claim 5.
[5a] Lahtinen discloses sensing analog data at a first location by
disclosing sensor 34 for sensing analog data (e.g., amount of oil). EX1005, 7:16-
61 (sensor 34 monitors the amount of oil 33); EX1006, 213. One of ordinary
skill would know that the data (e.g., amount of oil) as disclosed in Lahtinen are in
an analog format. EX1006, 213.
[5b] Lahtinen discloses converting the sensed analog data to digital data
because the analog data from the sensor are converted to digital data before being
transmitted via an SMS message, which is digital. EX1005, 1:24-63 (short
message service center (SC) is a part of this service and provides receiving and
transmitting of messages in digital form), 7:16-61 (sensor is connected to a
terminal equipment unit 31; replying to a message-based query concerning the
amount of the oil); EX1006, 214.
[5c] Lahtinen discloses processing the digital data because the terminal
processes the digital data before transmitting the data as an SMS message and the
other terminal (e.g., mobile phone 38 and information system 37) processes the
digital data after receiving it in an SMS message (e.g., for optimizing distribution
operations). EX1005, 7:16-61 (terminal equipment is capable of replying to a
message-based query concerning the amount of the oil; heating systems
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U.S. Patent 6,014,089
furnished with terminal equipment 31 . . . reply to the queries by indicating the
amount of oil in the respective tank by short message; for optimizing distribution
operations); EX1006, 215.
G. Claim 7 Is Anticipated and Rendered Obvious by Lahtinen
1. Preamble
To the extent the preamble is considered limiting, Lahtinen discloses the
preamble. Supra Section VII.B.1; EX1006, 217.
2. Limitation [7a]
Lahtinen discloses automatically collecting data at a data collection unit.
The second terminal collects data (e.g., from a mobile phone, an SMSC, a stock
exchange information system, or a sensor monitoring the amount of oil) without an
individual manually entering the data. Supra Sections V.C, VII.B.7; EX1005,
Abstract (automatic answer transmission; automatically fetched), 3:15-59
(telephone 2 . . . automatically transmits the communication information stored in
its memory), 4:30-62 (the SC . . . automatically transmits the communication
information stored in its database as a short message C), 6:59-7:15 (terminal
equipment units 29 may be for instance an automatic system), 7:16-61 (both
terminal equipment units are automatic); EX1006, 218.
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U.S. Patent 6,014,089
3. Limitation [7b]
Lahtinen discloses composing at least one data packet including said
collected data, said at least one data packet including said collected data being in
a form which conforms to conventional short message data packets. As
explained, the second terminal composes an SMS message that both includes the
data collected by the terminal (e.g., contact information, stock exchange
information, or amount of oil) and conforms to the GSM standard. Supra
4. Limitation [7c]
Lahtinen discloses inserting said at least one data packet including said
collected data in a short message service portion of a control channel of the
personal communications system transmission protocol as one or more short
messages. As explained, to start transmitting the collected data to the first
terminal, the second terminal inserts the collected data in the form of a
conventional SMS data packet into the control channel of the GSM-air interface.
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U.S. Patent 6,014,089
5. Limitation [7d]
collected data to an access point via said short message service portion of the
control channel of the personal communications system transmission protocol as
one or more short messages. As explained, Lahtinen discloses transmitting the
collected data in the form of a conventional SMS message from the second
terminal to the first terminal (access point) over a GSM networke.g., to the
SMSC via GSM-air interface and then to the first terminal via a GSM-air interface.
H. Claim 9 Is Anticipated and Rendered Obvious by Lahtinen
Lahtinen discloses the limitation of claim 9 for the same reasons as claim 2
above. Supra Section VII.C; EX1006, 226.
I. Claim 10 Is Anticipated and Rendered Obvious by Lahtinen
Lahtinen discloses the limitations of claim 10. EX1006, 228.
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U.S. Patent 6,014,089
1. receiving said at least one data packet including said

collected data at said access point
As explained, the first terminal (access point) receives the collected data in
the form of an SMS message from the second terminal. Supra Section VII.B.11;
EX1006, 229.
2. interpreting said collected data at said access point
Upon receiving the collected data from the second terminal, the first
terminal (access point) interprets the collected data to determine what to do with
the collected data (e.g., for optimizing distribution operations). EX1005, 3:15-
59, 4:30-62, 6:59-7:15 (stock exchange information system, for which data can be
inquired by any holder of a normal terminal equipment 1), 7:16-61 (information
system 37 of a heating oil company can automatically inquire the amounts of oil in
the oil tanks; transfer of responsibility for the amounts of oil in the tanks to the
oil company; for optimizing distribution operations); EX1006, 231.
J. Claim 18 Is Anticipated and Rendered Obvious by Lahtinen
Lahtinen discloses that the automatically collected data relates to utility
meter information. The second terminal may interface with a sensor to measure
the amount of oil in the oil tank, which relates to utility meter information. Supra
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U.S. Patent 6,014,089
Section VII.G.2; EX1005, 7:16-61 (terminal equipment is capable of replying to a
message-based query concerning the amount of the oil; heating systems
furnished with terminal equipment 31 in accordance with FIG. 10 reply to the
queries by indicating the amount of oil in the respective tank by short message;
for optimizing distribution operations); EX1006, 233.
To the extent Patent Owner argues that the amount of oil does not relate[]
to utility meter information, Lahtinen also renders obvious this limitation because
it recites a known method with predictable results (the only difference being the
content of the datae.g., from a sensor measuring data that relates to utility meter
information), and a person of ordinary skill would have been motivated to
implement Lahtinens methods with utility meter information for the same reasons
Lahtinen teaches its use with heating oil informatione.g., to reduce labor costs of
reading utility meters and optimize the distribution of utilities. EX1005, 7:16-61;
EX1006, 234.
K. Claim 20 Is Anticipated and Rendered Obvious by Lahtinen
Lahtinen discloses that the data is automatically collected upon the
occurrence of a particular event. For example, the second terminal collects data
(without an individual manually entering data) upon the occurrence of a request for
data from the first terminal, as explained above for claim 1. Supra Section VII.B;
EX1006, 236.
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U.S. Patent 6,014,089
VIII. CONCLUSION
For these reasons, challenged claims 1-10 and 16-22 are unpatentable, and
Petitioner respectfully requests that the Board grant this Petition and institute trial.
The required fees are submitted under 37 C.F.R. 41.103(a) and 42.15(a).
If any additional fees are due during this proceeding, the Office may charge such
fees to Deposit Account No. 50-6990.
Date: August 14, 2017 Respectfully Submitted,
/Lionel M. Lavenue/
Lionel M. Lavenue (Reg. No. 46,859)
Finnegan, Henderson, Farabow,
Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190-5675
Telephone: 571-203-2750
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U.S. Patent 6,014,089
CERTIFICATION UNDER 37 C.F.R. 42.24(d)
This Petition complies with the requirements of 37 C.F.R. 42.24. As
calculated by the word count feature of Microsoft Word 2010, it contains 13,835
words, excluding the words contained in the following: Table of Contents, Table of
Authorities, List of Exhibits, Mandatory Notices, Certification Under 42.24(d),
and Certificate of Service.
/Lionel M. Lavenue/
Lionel M. Lavenue, Lead Counsel
Reg. No. 46,859
U.S. Patent 6,014,089
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Petition for Inter Partes
Review, the associated Power of Attorney, and Exhibits 1001 through 1025 are
being served on August 14, 2017, by Express Mail at the following address of
record for the subject patent.
Todd Blakely
GREEN EAGLE COMMUNICATIONS, INC.
P.O. Box 667
Niwot, CO 80544
A courtesy copy of the same documents are also being served on August 14,
2017, by Express Mail at the following address of record for litigation counsel of
First-Class Monitoring, LLC in First-Class Monitoring, LLC v. JPMorgan Chase
& Co., No. 6:17-cv-365 (E.D. Tex.), in which the complaint identifies First-Class
Monitoring, LLC as the patent owner.
Richard C. Weinblatt
Stamatios Stamoulis
Stamoulis & Weinblatt LLC
Two Fox Point Centre
6 Denny Road, Suite 307
Wilmington, DE 19809
/Bradley J. Moore /
Bradley J. Moore
Litigation Legal Assistant
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

Unified Patents Inc. v. First Class Monitoring, LLC, IPR2017-01932, (PTAB Aug. 14, 2017) .

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Unified Patents Inc. v. First Class Monitoring, LLC, IPR2017-01932, (PTAB Aug. 14, 2017) .

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IPR2017-01932 Petition

U.S. Patent 6,014,089

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

Unified Patents Inc.

First-Class Monitoring, LLC

METHOD FOR TRANSMITTING DATA USING A DIGITAL

PETITION FOR INTER PARTES REVIEW

I. MANDATORY NOTICES ...........................................................................1

A. Real Party-in-Interest ..........................................................................1

B. Related Matters ...................................................................................1

C. Lead and Back-Up Counsel and Service Information ..........................1

II. CERTIFICATION OF GROUNDS FOR STANDING .................................2

III. STATEMENT OF PRECISE RELIEF REQUESTED ..................................2

A. Claims for Which Review Is Requested ..............................................2

B. Statutory Grounds of Challenge ..........................................................2

IV. THE 089 PATENT ......................................................................................3

A. Overview of the 089 Patent Disclosure ..............................................3

C. The Level of Ordinary Skill in the Art ..............................................12

V. CLAIM CONSTRUCTION ........................................................................13

A. access point ...................................................................................13

B. data collection unit ........................................................................14

C. automatically collecting data .........................................................14

VI. GROUNDS 1 AND 2: CLAIMS 1-10 AND 16-22 ARE

A. Overview of Serbetciouglu ...............................................................15

B. Claim 1 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 18

C. Claim 2 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 35

D. Claim 3 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 36

E. Claim 4 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 37

F. Claim 5 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 38

G. Claim 6 Is Rendered Obvious by Serbetciouglu ................................ 39

H. Claim 7 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 41

I. Claim 8 Is Rendered Obvious by Serbetciouglu ................................ 45

J. Claim 9 Is Anticipated and Rendered Obvious by Serbetciouglu ...... 45

K. Claim 10 Is Anticipated and Rendered Obvious by Serbetciouglu .... 46

L. Claim 16 Is Anticipated and Rendered Obvious by Serbetciouglu .... 47

M. Claim 17 Is Anticipated and Rendered Obvious by Serbetciouglu .... 48

N. Claim 18 Is Anticipated and Rendered Obvious by Serbetciouglu .... 48

O. Claim 19 Is Anticipated and Rendered Obvious by Serbetciouglu .... 49

P. Claim 20 Is Anticipated and Rendered Obvious by Serbetciouglu .... 49

Q. Claim 21 Is Anticipated and Rendered Obvious by Serbetciouglu .... 50

R. Claim 22 Is Anticipated and Rendered Obvious by Serbetciouglu .... 50

VII. GROUNDS 3 AND 4: CLAIMS 1-5, 7, 9, 10, 18, AND 20 ARE

A. Overview of Lahtinen .......................................................................51

B. Claim 1 Is Anticipated and Rendered Obvious by Lahtinen .............. 55

C. Claim 2 Is Anticipated and Rendered Obvious by Lahtinen .............. 64

D. Claim 3 Is Anticipated and Rendered Obvious by Lahtinen .............. 65

E. Claim 4 Is Anticipated and Rendered Obvious by Lahtinen .............. 65

F. Claim 5 Is Anticipated and Rendered Obvious by Lahtinen .............. 66

G. Claim 7 Is Anticipated and Rendered Obvious by Lahtinen .............. 67

H. Claim 9 Is Anticipated and Rendered Obvious by Lahtinen .............. 69

I. Claim 10 Is Anticipated and Rendered Obvious by Lahtinen ............ 69

J. Claim 18 Is Anticipated and Rendered Obvious by Lahtinen ............ 70

K. Claim 20 Is Anticipated and Rendered Obvious by Lahtinen ............ 71

VIII. CONCLUSION ..........................................................................................72

EX1021 U.S. Patent 5,748,104 (Argyroudis)

Roshan S. Mansinghani (Reg. No. 62,429)

Petitioner consents to e-mail service at UnifiedPatents-IPR2017-

01932@finnegan.com and afawzy@unifiedpatents.com.

II. CERTIFICATION OF GROUNDS FOR STANDING

Petitioner certifies pursuant to 37 C.F.R. 42.104(a) that the 089 Patent is

identified in this Petition.

III. STATEMENT OF PRECISE RELIEF REQUESTED