Skyhook Wireless, Inc. v. GOOGLE, INC.

Filing 62

Joint Claim Construction and Prehearing Statement by Skyhook Wireless, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49)(Lu, Samuel)

EXHIBIT 23

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.o. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov

APPLICATION NO.

ISSUE DATE

PATENT NO.

ATTORNEY DOCKET NO.

CONFIRMATION NO.

111261,898

08/19/2008

7414988

2000319-00124USI

8900

23483

7590

07/30/2008

WILMERHALE/BOSTON
60 STATE STREET
BOSTON, MA 02109

ISSUE NOTIFICATION
The projected patent number and issue date are specified above.

Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
(application filed on or after May 29,2000)
The Patent Term Adjustment is 337 day(s). Any patent to issue from the above-identified application will
include an indication of the adjustment on the front page.
If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
determines Patent Term Adjustment is the filing date of the most recent CPA.
Applicant will be able to obtain more detailed information by accessing the Patent Application Information
Retrieval (PAIR) WEB site (http://pair.uspto.gov).
Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
payments should be directed to the Customer Service Center of the Office of Patent Publication at
(571)-272-4200.
APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):
Russel K. Jones, Roswell, GA;
Farshid Alizadeh-Shabdiz, Wayland, MA;
Edward J. Morgan, Needham, MA;
Michael G. Shean, Boston, MA;

IRI03 (Rev. 11105)

GSHFED_0000154

UNITED STAlES PAlENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.o. Box 1450
Alexandria., Virginia 22313-1450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

111261,898

10128/2005

Russel K. Jones

2000319-00124US1

8900

23483

7590

EXAMINER

OS/21/2008

PATEL, NIMESH

WILMERHALE/BOSTON
60 STAlE STREET
BOSTON, MA 02109

r - -ART- - - - - - -PAPER - - - - - UNIT
- - NUMBER
2617

DATE MAILED: OS/21/2008

Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
(application filed on or after May 29,2000)
The Patent Term Adjustment to date is 337 day(s). If the issue fee is paid on the date that is three months after the
mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
months) after the mailing date of this notice, the Patent Term Adjustment will be 337 day(s).
If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
determines Patent Term Adjustment is the filing date of the most recent CPA.
Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
(PAIR) WEB site (http://pair.uspto.gov).
Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
or
directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101
(571)-272-4200.

Page 3 of 3
PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.

GSHFED_0000168

Application No.
11/261,898
Examiner

JONES ET AL.
Art Unit

NIMESH PATEL

Notice of Allowability

Applicant(s)

2617

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-Ail claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.

IZI This communication is responsive to Feb. 29. 2008.
2. IZI The allowed c1aim(s) islare 1-3.
1.

3.

D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
a)

D

All

b)

D

Some*

c)

D

None

of the:

D Certified copies of the priority documents have been received.
D Certified copies of the priority documents have been received in Application No. _ _ .
3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
1.

2.

International Bureau (PCT Rule 17.2(a)).
* Certified copies not received: _ _.
Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
noted below. Failure to timely comply will result in ABANDONMENT of this application.
THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
4.

D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.

5.

D CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
(a)

D

including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached
1)

(b)

D

D hereto or 2) D

to Paper No./Mail Date _ _.

including changes required by the attached Examiner's Amendment I Comment or in the Office action of
Paper No./Mail Date _ _.

Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).

6.

D

DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.

Attachment(s)
1. D Notice of References Cited (PTO-892)
2.

D

D
6. D
5.

Notice of Draftperson's Patent Drawing Review (PTO-948)

3. [gIlnformation Disclosure Statements (PTO/SB/08),
Paper No./Mail Date Feb. 29. 2008
4. D Examiner's Comment Regarding Requirement for Deposit
of Biological Material

Notice of Informal Patent Application

7.

Interview Summary (PTO-413),
Paper No./Mail Date _ _ .
Examiner's AmendmenUComment

8. [gI Examiner's Statement of Reasons for Allowance
9.

u.s. Patent and Trademark Office
PTOL-37 (Rev. 08-06)

D
D

Other _ _.

Notice of Allowability

Part of Paper No./Mail Date 20080505

GSHFED_0000169

Application/Control Number: 11/261,898

Page 2

Art Unit: 2617

Detailed Action
Allowable Subject Matter
1.

Claims 1 - 3 are allowed.

2.

The following is an examiner's statement 0 reasons for allowance.

Beuck teaches, the location finder 102 may receive digital radio signals
transmitted by GPS satellites 104-1 through 104-3. The signals may include the
satellites' location and the exact time. The location finder 102 calculates the
distance and reports information indicative of a location of the location finding
device to a server via the wireless access point. Also, the wireless access point
106 may communicate with the location finder 102 using one of a number of
wireless communication protocols, such as Wi-Fi, or Bluetooth.
Beuck, US PGPub: US 2005/0164710 A1 Jul. 28, 2005.

Moeglein teaches, when an access point has not been observed for a certain
period of time, the access point is removed from the database, similarly, when a
new access point is observed, it is added to the database. Thus, the server may
update the information about the access point in an ongoing basis.
Moeglein, US PGPub: US 2005/0037775 A1 Feb. 17,2005.

None of the reference individually or combined teaches, the claimed feature:

GSHFED_0000170

Application/Control Number: 11/261,898

Page 3

Art Unit: 2617
Claim 1:

a Wi-Fi location server, comprising:

a database of Wi-Fi access points for at least one target area having a radius on
the order of tens of miles, said database being recorded in a computer-readable
medium and including database records for substantially all Wi-Fi access points
in the target area, each record including identification information for a
corresponding Wi-Fi access point and calculated position information for the
corresponding Wi-Fi access point, wherein said calculated position information is
obtained from recording multiple readings of the Wi-Fi access point at different
locations around the Wi-Fi access point so that the multiple readings have
reference symmetry relative to other Wi- Fi access points in the target area when
and so that the calculation of the position of the Wi-Fi access point avoids arterial
bias in the calculated position information; and

computer-implemented logic to add records to the database for newly-discovered
Wi-Fi access points said computer logic including logic to recalculate position
information for Wi-Fi access points previously stored in the database to utilize the
position information for the newly-discovered readings of previously stored Wi-Fi
access points.

Any comments considered necessary by applicant must be submitted no later

GSHFED_0000171

Application/Control Number: 11/261,898

Page 4

Art Unit: 2617
than the payment of the issue fee and, to avoid processing delays, should
preferably accompany the issue fee. Such submissions should be clearly labeled
"Comments on Statement of Reasons for Allowance."

Contact Information
Any inquiry concerning this communication from the examiner should be directed
to Nimesh Patel at [phone], normally reached on Mon-Thur. 6:30 AM to
5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Rafael Perez can be reached on [phone].
Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for
published applications may be obtained from either Private PAIR of Public PAIR.
Status information for unpublished applications is available through Private PAIR
only. For more information about the PAIR system, see
httQ:lIQair-direct.usQto.gov. Should you have questions on access to the Private
PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197
(toll-free). If you would like assistance from USPTO Customer Service
Representative or access to the automated information system, call 800-7869199 (IN USA OR CANADA) or 571-272-1000.

Nimesh Patel
May 5,2008

/Rafael Perez-Gutierrez/
Supervisory Patent Examiner, Art Unit 2617

GSHFED_0000172

Docket No.: 2000319.124US1
(PATENT)
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

Applicant:

Russel K. Jones et al.

Confirmation No.:

8900

Application No.:

11/261,898

Art Unit:

2617

Filed:

October 28, 2005

Examiner:

Patel, Nimesh

Title:

SERVER FOR UPDATING LOCATION BEACON DATABASE

MS Amendment
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
AMENDMENT

Dear Sir:
INTRODUCTORY COMMENTS

In response to the Office Action dated November 30,2007, please amend the above-

identified U.S. patent application as follows:
Amendments to the Specification begins on page 2 of this paper.

Amendments to the Claims are reflected in the listing of claims which begins on page 3 of this

paper.
Remarks/Arguments begin on page 5 of this paper.

USlDOCS 6559888vl

GSHFED_0000181

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

Amendments to the Specification:

Please replace paragraph [0002] and the three lines that follow paragraph [0002] with the
following:

[0002] This application is related to the following U.S. Patent Applications, filed on an even date
herewith:

U.S. Patent Application No. 111261,848, entitled Location Beacon Database;

U.S. Patent Application No. 111261,988, entitled Location-Based Services that Choose
Location Algorithms Based on Number ofDetected Access Points Within Range of User Device;
and

U.S. Patent Application No. 111261,987, entitled Method and System for Building a
Location Beacon Database.

2
USlDOCS 6559888vl

GSHFED_0000182

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

Amendments to the Claims:

The following listing of the claims will replace all prior versions and listings of claims in
the application.

Listing of the Claims;

1.

(Currently Amended) A Wi-Fi location server, comprising:
a database ofWi-Fi access points for at least one target area having a radius on the order
of tens of miles, said database being recorded in a computer-readable medium and
including database records for substantially all Wi-Fi access points in the target area,
each record including identification information for a corresponding Wi-Fi access
point and calculated position information for the corresponding Wi-Fi access point,
wherein said calculated position information is obtained from recording multiple
readings of the Wi-Fi access point at different locations around the Wi-Fi access point
so that the multiple readings have to ]9fovide reference symmetry relative to other WiFi access points in the target area [[when]] and so that the calculation of calculating
the position of the Wi-Fi access point and--te avoid§. arterial bias in the calculated
position information; and
computer-implemented logic to add records to the database for newly-discovered Wi-Fi
access points said computer logic including logic to recalculate position information
for Wi-Fi access points previously stored in the database to utilize[[ the]] position
information for the newly-discovered readings of previously stored Wi-Fi access
points.

2.

(Original) The server of claim 1 further including computer-implemented clustering logic
to identify position information based on error prone GPS information.

3
USlDOCS 6559888vl

GSHFED_0000183

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

3.

Docket No.: 20003l9.l24USl

(Original) The server of claim 2 wherein the clustering logic includes logic to determine a
weighted centroid position for all position information reported for an access point and
logic to identify position information that exceeds a statistically-based deviation
threshold amount away from the centroid position and excludes such deviating position
information from the database and from influencing the calculated positions of the Wi-Fi
access points.

4
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GSHFED_0000184

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

REMARKS

Claims 1-3 are pending in the application. Applicants respectfully request
reconsideration of the application in view of the following remarks.
Rejections under 35 U.S.C. § 103(a)
Claim 1 was rejected under 35 U.S.c. § 103(a) as being obvious over u.s. Pat. Pub.
2005/0164710 of Beuck (herein "Beuck") in view of U.S. Pat. Pub. 2006/0078122 of Moeglein

et al. (herein "Moeglein").
Beuck discloses a system for reporting a location of a device when the device is not
located within a proximity of a particular point or within a particular area. Beuck describes a
system that includes a location finder, GPS satellites, a wireless access point, a network, and a
database server. The location finder periodically receives a "Keep Alive" strobe from a nearby
wireless transmitter. When the location finder detects an absence of the Keep Alive strobe, the
location finder determines the location of itself based on collected GPS signals. The location
finder then determines whether a wireless access point is available. If a wireless access point is
available, the location finder sends a 911-type request message to the database server via the
wireless access point. See Beuck at ~~ 4-5, 19,25.
Beuck is not concerned with a database oflocation information for Wi-Fi access points in
a target area. In fact, Beuck is completely silent regarding any method of determining the
location ofWi-Fi access points, but rather, is concerned with determining the location of the
location finder device. Beuck merely uses wireless access points to communicate the location of

5
USlDOCS 6559888vl

GSHFED_0000185

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

the location finder device, which, as stated above, is determined by the device using GPS signals.
As Beuck does not teach or suggest a database oflocation information for Wi-Fi access points,
Beuck also does not teach or suggest logic for adding newly-discovered Wi-Fi access points and
their corresponding location information to a database.
Furthermore, the Office Action states

[Beuck] is silent on, 'wherein said calculated position information
is obtained from recording multiple readings of the Wi-Fi access
point to provide reference symmetry when calculating the position
of the Wi-Fi access point and to avoid arterial bias in the calculated
position information', and 'computer-implemented logic to add
records to the database for newly-discovered Wi-Fi access points
said computer logic including logic to recalculate position
information for Wi-Fi access points previously stored in the
database to utilize the position information for the newlydiscovered Wi-Fi access points.'
and relies on Moeglein to provide these missing elements. Specifically, the Office Action states,
"Moeglein teaches, use of different air interfaces and/or operated by different service provides
like, wireless LAN access point, cellular phone base station, satellite etc. for position
determination." See Office Action pgs. 5-6. However, the Office Action does not explain how
the approach described in Moeglein avoids the problem of arterial bias or attains reference
symmetry relative to other Wi-Fi access points in the target area.

In fact, Moeglein is silent regarding any particular route or scheme taken or used by the
mobile station to gather location information about the wireless access points. Moreover,
Moeglein is completely silent regarding any particular appreciation that the technique or method
used to gather Wi-Fi access point observations affects the quality of the calculated position of the

6
USlDOCS 6559888vl

GSHFED_0000186

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

Wi-Fi access points. Specifically, Moeglein does not teach or suggest obtaining multiple
readings of the Wi-Fi access point at different locations around the Wi-Fi access point so that
multiple readings have reference symmetry relative to other Wi-Fi access points in the target area
and so that the calculation of the position of the Wi-Fi access point avoids arterial bias in the
calculated position information.
In contrast to the cited references, applicants' claim 1 is directed to a Wi-Fi location
server that includes position information for Wi-Fi access points without arterial bias.
Specifically, the calculated position information for the Wi-Fi access points is obtained from
recording multiple readings of the Wi-Fi access point at different locations around the Wi-Fi
access point. These multiple readings have reference symmetry relative to other Wi-Fi access
points in the target area. Thus, the calculation of the position of the Wi-Fi access point avoids
arterial bias in the calculated position information. This technique of gathering readings from
Wi-Fi access points results in higher quality estimates of access point locations and more
complete information about the access points in the area. Consequently, devices using the
calculated access point locations to determine their position have more accurate estimations of
their locations. See Application at ~~ 41-44.
As set forth above, none of the cited reference teach or suggest conducting an audit of an
area to build a reference database of the locations ofWi-Fi access points in a target area so as to
provide reference symmetry and avoid arterial bias. As stated in the application, amateur
scanners ("wardrivers") have attempted to collect access point location data for use in location
estimation systems. However, the methods employed by wardrivers suffer from several

7
USlDOCS 6559888vl

GSHFED_0000187

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

drawbacks. Namely, as described in the application, the location data collected by the
wardrivers is often inaccurate, incomplete, and grows organically rather than being collected in a
systematic fashion to purposefully avoid arterial bias. See Application at ~~ 15-17.
As explained in greater detail in the application, significant errors in position calculation
can result when the reference points used for the calculation lack symmetry around the physical
location of the device performing the calculation. Unsymmetrical location data (or "arterial
bias") occurs when individuals (e.g., wardrivers) collect location data for Wi-Fi access points
without following designated scanning routes. Such data tends to aggregate around heavily
traffic areas (or "arteries"). Attempting to use arterially biased data to estimate the location of a
mobile device causes a "location pull" towards the main arteries regardless of where the user is
currently located. This causes substantial accuracy errors in the location estimation. Figures 5
and 6 of the application illustrate this effect. See Application at ~~ 15 and 44.
Collecting multiple readings ofWi-Fi access points in a systematic fashion, as described
in the application, provides reference symmetry within the target area. Thus, the distribution of
reference points (i.e., Wi-Fi access point locations) is symmetric. By using a collection of
location data that is symmetric, a mobile device attempting to calculate its location typically
encounters physical locations in which there are numerous access point locations on all sides of
the device within range of the device's Wi-Fi radio. Therefore, a position calculation performed
by the mobile device will have reduced location bias and will be more accurate as a result. See
Application at ~ 44.
Unlike the cited references and known methods described in the background of the

8
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GSHFED_0000188

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

application, applicants' claim 1 clearly recites the calculated position information is obtained
from recording multiple readings of the Wi-Fi access point at different locations around the WiFi access point so that the multiple readings have reference symmetry relative to other Wi-Fi
access points in the target area and so that the calculation of the position of the Wi-Fi access
point avoids arterial bias in the calculated position information. The application describes the
discovery of the arterial bias problem and the advantages of the solutions devised by applicants.
Namely, by performing a planned audit, and avoiding arterial bias, applicants at least achieve
more complete information about access points in the target area, higher quality estimates of
access point locations, and reference symmetry. See Application at ~~ 47-51.
None of this is taught or suggested by the cited references. Thus, applicants submit that
claim 1 is patentable over the cited references.
Claim 2-3 were rejected under 35 U.S.c. § 103(a) as being obvious over Beuck in view
of Moeglein and further in view ofU.S.P.N. 5,940,825 to Castelli et al. (herein "Castelli").
Claims 2-3 depend from claim 1 and, therefore, include the combination set forth in claim
1. As explained above, Beuck and Moeglein, either alone or in combination, do not teach or
suggest all of the elements of claim 1. Castelli does not supply the missing elements.
Castelli discloses a system for and method of performing similarity searches in a
sequence database, which is phase and scale insensitive. Castelli describes a method of parsing a
query sequence into multiple segments at multiple resolution levels. The segments are used to
compare the query sequence to other sequences in a database. See Castelli at col. 2, line 35-col.
3, line 52.
9
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GSHFED_0000189

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

Castelli is silent regarding calculated positions ofWi-Fi access points. In fact, Castelli is
not concerned with Wi-Fi access points at all. Thus, Castelli does not teach or suggest any
method of determining the location ofWi-Fi access points. Specifically, Castelli does not teach
or suggest obtaining multiple readings of the Wi-Fi access point at different locations around the
Wi-Fi access point so that multiple readings have reference symmetry relative to other Wi-Fi
access points in the target area and so that the calculation of the position of the Wi-Fi access
point avoids arterial bias in the calculated position information.
Thus, claims 2-3 are patentable over the cited references for at least the same reasons set
forth for claim 1.
Objection to the Claims
Claim 1 was objected to as allegedly being open ended. Applicants submit that the term
"radius on the order of tens of miles" is not opened ended, but rather, clearly communicates that
the claimed target area is larger than, for example, a single floor of a building, such as might be
found in an indoor positioning system. See Application at ~ 16. Applicants describe throughout
the application an embodiment that includes position information for Wi-Fi access points within
a large metropolitan area. Therefore, applicants respectfully request withdrawal of the objection.
Objection to the Specification
The Specification was objected to for the reasons set forth in the Office Action.
Applicants have amended the Specification to include the missing serial numbers.
Information Disclosure Statement

10
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GSHFED_0000190

Application No. 11/261,898
Amendment dated February 29,2008
Reply to Non-Final Office Action of November 30, 2007

Docket No.: 20003l9.l24USl

Applicants enclose an Information Disclosure Statement (IDS) with this submission.
This IDS is being filed after the mailing date of the first Office Action on the merits and before
the mailing date of a final Office Action or a Notice of Allowance. Authorization to charge the
$180.00 fee to our Deposit Account No. 08-0219 is enclosed. Applicants request that the
Examiner initial and return a copy of the enclosed Form PTO SB-08 with the next
communication.
Conclusion
Applicants respectfully request an early and favorable reconsideration and issuance of
this application as amended herein. The Examiner is encouraged to contact the undersigned to
expedite prosecution of this application.
Authorization to charge the $180.00 fee in connection with the IDS submission is
enclosed. No other fees are believed to be due in connection with this response. However,
please charge any fees due in connection with this application or credit any overpayments to
Deposit Acct. No. 08-0219.
Respectfully submitted,
/John V. Hobgood/
John V. Hobgood
Registration No. 61,540
Attorney for Applicant

Date: February 29, 2008

Wilmer Cutler Pickering Hale and Dorr LLP
60 State Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]

11
USlDOCS 6559888vl

GSHFED_0000191

Docket No.: 2000319.00124US1
(PATENT)
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

Applicant:

Russel K. Jones et al.

Confirmation No.:

8900

Application No.:

11/261,898

Art Unit:

2617

Filed:

October 28, 2005

Examiner:

N. Patel

Title:

SERVER FOR UPDATING LOCATION BEACON DATABASE

Mail Stop Amendment
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
INFORMATION DISCLOSURE STATEMENT (IDS)

Dear Sir:
This Information Disclosure Statement is being filed after the mailing date of the first Office
Action on the merits and before the mailing date of a final Office Action or a Notice of Allowance.
Please charge the $180.00 fee to our Deposit Account No. 08-0219.

US1DOCS 6575788v1

GSHFED_0000198

Application No.: 11/261,898

Docket No.: 2000319.00124US1

Applicants request that the Examiner initial and return a copy of the enclosed Form PTO
SB-08 with the next communication.
Respectfully submitted,
Dated: February 29,2008
/John V. Hobgood/
John V. Hobgood
Registration No.: 61,540
Attorney for Applicant(s)
Wilmer Cutler Pickering Hale and Dorr LLP
60 State Street
Boston, Massachusetts 02109
[phone] (telephone)
[phone] (facsimile)

2
USlDOCS 6575788vl

GSHFED_0000199

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE

United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313·1450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

11/261,898

10/28/2005

Russel K. Jones

2000319-00 124US 1

8900

23483

7590

11/30/2007

WILMERHALE/BOSTON
60 STATE STREET
BOSTON, MA 02109

EXAMINER
PATEL, NIMESH
ART UNIT

PAPER NUMBER

2617

NOTIFICATION DATE

DELIVERY MODE

11/30/2007

ELECTRONIC

Please find below and/or attached an Office communication concerning this application or proceeding.

The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail addressees):
[e-mail]
[e-mail]
[e-mail]

PTOL-90A (Rev. 04/07)

GSHFED_0000200

Application No.

Applicant(s)

11/261,898

Examiner

Art Unit

Nimesh Patel

Office Action Summary

JONES ET AL.

2617

•• The MAILING DA TE of this communication appears

on the cover sheet with the correspondence address ••

Period for Reply
A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ~ MONTH(S) OR THIRTY (30) DAYS.
WHICHEVER IS LONGER. FROM THE MAILING DATE OF THIS COMMUNICATION.
• Extensions of time may be available under the provisions of 37 CFR 1. 136(a). In no event, however, may a reply be timely filed
after SIX (6) MONlHS from the mailing date of this communication.
• If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONlHS from the mailing date of this communication.
• Failure to reply w~hin the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1. 704(b).

Status
1)[gI Responsive to communication(s) filed on Oct. 28, 2005.
2a)0 This action is FINAL.

2b)[gI This action is non-final.

3)0 Since this application is in condition for allowance except for fonnal matters. prosecution as to the merits is
closed in accordance with the practice under Ex parte Quayle, 1935 C,D, 11,453 O.G. 213.
Disposition of Claims
4)12] Claim(s) 1-3 is/are pending in the application.
4a) Of the above claim(s) _ _ is/are withdrawn from consideration.
5)0 Claim(s) _ _ is/are allowed.
6)[gI Claim(s) 1-3 is/are rejected.
7)[gI Claim(s) 1 is/are objected to.
8)0 Claim(s) _ _ are subject to restriction and/or election requirement.
Application Papers
9)[gI The specification is objected to by the Examiner.
10)[gI The drawing(s) filed on Oct. 28, 2005 is/are: a)[gI accepted or b)O objected to by the Examiner.
Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(s) including the correction is required ifthe drawing(s) is objected to. See 37 CFR 1.121(d).

11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Priority under 35 U.S.C. § 119
12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (t).
a)O All b)O Some * c)O None of:
1.0 Certified copies of the priority documents have been received.
2.0 Certified copies of the priority documents have been received in Application No. _ _'
3.0 Copies of the certified copies of the priority documents have been received in this National Stage
application from the International Sure'au (PCT Rule 17.2(a».
* See the attached detailed Office action for a list of the certified copies not received.

Atlachment(s)
1)

12]

2)

0

3)

12]

Notice of References Cited (PTO-892)
Information Disclosure Statement(s) (PTO/SB/OB)
Paper No(s)/Mail Date Dec. 7. 2006.

0
5) 0
6) 0
4)

Notice of Draftsperson's Patent Drawing Review (PTO-948)

Interview Summary (PTO-413)
Paper No(s)/Mail Date. _ _ .
Notice of Informal Patent Application
Other: _ _ .

U.s. Patent and Trademark Ofh::e
PTOL-326 (Rev. 08-06)

Office Action Summary

Part of Paper No.lMaii Date 20071117

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Application/Control Number:
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Art Unit: 2617

Detailed Action
Objection to the specification
1.

The specification is hereby objected for minor corrections:
- paragraph 0002, line 1, TBA must be replaced with appropriate information.

Objection to the claims
2.

Claim 1 is objected to because of the following informalities:

The term "radius on the order of tens of miles" is being found in claim 1.
The exact limitation must be in the claim, as this term leaves the claim open
ended.
Appropriate correction is required, in response of this office action.

Claim Rejections - 35 USC § 103
3.

The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set
forth in section 102 of this title, if the differences between the subject matter sought to be patented and
the prior art are such that the subject matter as a whole would have been obvious at the time the
invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Patentability shall not be negatived by the manner in which the invention was made.

This application currently names joint inventors. In considering patentability of
the claims under 35 U.S.C. 103(a), the examiner presumes that the subject

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matter of the various claims was commonly owned at the time any inventions
covered therein were made absent any evidence to the contrary. Applicant is
advised of the obligation under 37 CFR 1.56 to point out the inventor and
invention dates of each claim that was not commonly owned at the time a later
invention was made in order for the examiner to consider the applicability of 35
U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35
U.S.C. 103(a).

The factual inquiries set forth in Graham v. John Deere Co., 383 U. S. 1, 148
USPQ 459 (1966), that are applied for establishing a background for determining
obviousness under 35 U.S.C. 103(a) are summarized as follows:
1.
2.
3.
4.

Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating
obviousness or nonobviousness.

Claim 1 is rejected under 35 U.S.C. 103(a) as being unpatentable over
Seuck US PGPub: US 2005/0164710 A1 Jul. 28, 2005 and in view of
Moeglein US PGPub: US 2005/0037775 A1 Feb. 17,2005.

Regarding claim 1, Seuck discloses,

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a Wi-Fi location server (database server - Fig. 1/110, ABSTRACT, paragraph
0018), comprising:

a database of Wi-Fi access points for at least one target area having a radius on
the order of tens of miles ( the location finder 102 may receive digital radio
signals transmitted by GPS satellites 104-1 through 104-3. The signals may
include the satellites' location and the exact time. The location finder 102
calculates the distance and reports information indicative of a location of the
location finding device to a server via the wireless access point. Also, the
wireless access point 106 may communicate with the location finder 102 using
one of a number of wireless communication protocols, such as Wi-Fi, or
Bluetooth, and there are more wireless access points located within the network
(paragraph 0020). Here, the distance between the GPS satellites and the
location finder 102, clearly reads on the claimed feature, on the order of tens of
miles (ABSTRACT, Fig. 1, paragraphs 0018, 0019),

said database being recorded in a computer-readable medium (the database
server 110 may include a memory 3-8, and memory may include static memory
such as ROM for holding machine-readable instructions, and DRAM for working
storage. The memory may also include storage devices, such as a floppy disk,
CD ROM, CD RIW disc, flash memory as well as other storage devices - Figs. 1,
. 3, paragraph 0024) and

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including database records for substantially all Wi-Fi access points in the target
area (database 310 configured to store the information received from location
finder 102, such as user id and GPS coordinates - Figs. 1, 3, paragraphs 0024,
0032, 0037),

each record including identification information for a corresponding Wi-Fi access
point and calculated position information for the corresponding Wi-Fi access
point (database 310 configured to store the information received from location
finder 102, such as user id and GPS coordinates. Here, a location finding device
reports information indicative of a location of the location finding device to the a
server via the wireless transceiver when an absence of signals periodically
transmitted from a device is detected by the location finding device, reads on the
claimed feature, the database has each record for all the Wi-Fi access points
- Figs. 1, 3, paragraphs 0005, 0024, 0032, 0037),

but is silent on, "wherein said calculated position information is obtained from
recording multiple readings of the Wi-Fi access point to provide reference
symmetry when calculating the position of the Wi-Fi access point and to avoid
arterial bias in the calculated position information", and

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"computer-implemented logic to add records to the database for newlydiscovered Wi-Fi access points said computer logic including logic to recalculate
position information for Wi-Fi access points previously stored in the database to
utilize the position information for the newly-discovered Wi-Fi access points".

Moeglein teaches, use of different air interfaces and/or operated by different
service providers like, wireless LAN access point, cellular phone base station,
satellite etc. for position determination (Figs. 2, 3, 5, 6, 8 - 10, 12, 14 and
paragraphs 0058 - 0060,0063,0065). Also, the advantages of a hybrid
approach provides improved redundancy for a more fail-safe operation, higher
positioning availability, better accuracy, and faster time to fix (paragraph 0040).

Moeglein teaches, when an access point has not been observed for a certain
period of time, the access point is removed from the database, similarly, when a
new access point is observed, it is added to the database. Thus, the server may
update the information about the access point in an ongoing basis (Figs. 1/115,
2, 7 and paragraph 0056).

It would have been obvious to one of ordinary skill in the art, at the time of
invention, to modify the database server 110 of Beuck(Fig. 1/110) such that the
newly found access point's position and other access points positions are
calculated accordingly (Moeglein, Fig. 1), for improved redundancy for a more

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fail-safe operation, higher positioning availability, better accuracy, and faster time
to fix, and the server has the updated information about the access points in an
ongoing basis (Moeglein, paragraphs 0042,0056).

Claims 2 and 3 are rejected under 35 U.S.C. 103(a) as being unpatentable over
Beuck US PGPub: US 2005/0164710 A 1 Jul. 28, 2005 and in view of
Moeglein US PGPub: US 2005/0037775 A1 Feb. 17,2005 and further in view of
Castelli, US Patent: 5,940,825 Aug. 17, 1999.

Regarding claim 2, Beuck discloses,

the server of claim 1 further including computer-implemented clustering logic to
identify position information based on error prone GPS information (the location
finder 102 may receive digital radio signals transmitted by GPS satellites 104-1
through 104-3. The signals may include the satellites' location and the exact
time. The location finder 102 calculates the distance and reports information
indicative of a location of the location finding device to a server via the wireless
access point. Here, the database server stores the location information, reads on
the claimed feature, computer-implemented clustering logic to identify position
information based on error prone GPS information (ABSTRACT, Fig. 1,
paragraphs 0018, 0020),

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but, is silent on "clustering logic".

Castelli teaches, a generic method for clustering classified segments (Figs. 1,
4, 6, 8, 9, column 3, lines 6 - 25, column 4, lines 19 - 40). The target sequence
and the stored sequence are correlated first at the lowest level in the hierarchy,
and sequences that fails to satisfy the matching criterion are discarded (Castelli,
column 2, lines 17 - 28).
Also, in step 701, a seed for clustering is generating using a conventional
initialization technique, where the seed is the initial constellation of a cluster
centroid (Fig. 7, column 7, lines 15 -19).

It would have been obvious to one of ordinary skill in the art, at the time of
invention, to modify the database server 110 of Beuck(Fig. 1/110) such that the
newly found access point's position and other access points positions are
calculated accordingly (Moeglein, Fig. 1), for improved redundancy for a more
fail-safe operation, higher positioning availability, better accuracy, and faster time
to fix, and the server has the updated information about the access points in an
ongoing basis (Moeglein, paragraphs 0042,0056), would have further
incorporated clustering logic of Castelli (Castelli, Figs. 1, 4) for performing a
search based on a hierarchical correlation in the feature space between the
target sequence and the subsequences. The target sequence and the stored

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sequence are correlated first at the lowest level in the hierarchy (Castelli, column
2, lines 17 - 28).

Regarding claim 3, Seuck discloses,

the server of claim 2 wherein the clustering logic includes logic to determine a
weighted centroid position for all position information reported for an access point
(database 310 configured to store the information received from location finder
102, such as user id and GPS coordinates. Here, the database is storing all the
received information - including various GP S location information and/or different
technologies like CDMA, GSM, satellite communication etc. reads on the
claimed feature, clustering logic includes to determine weighted centroid position
for all position information reported for an access point - Figs. 1, 3, paragraphs
0024, 0032, 0037) and

but, is silent on, "clustering logic to identify position information that exceeds a
statistically-based deviation threshold amount away from the centroid position"
and

"clustering logic excludes such deviating position information from the database
and from influencing the calculated positions of the Wi-Fi access points".

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Castelli teaches, a generic method for clustering classified segments (Figs. 1, 4,
6, 8, 9, column 3, lines 6 - 25, column 4, lines 19 - 40). The target sequence and
the stored sequence are correlated first at the lowest level in the hierarchy, and
sequences that fails to satisfy the matching criterion are discarded (Castelli,
column 2, lines 17 - 28).
Also, in step 701, a seed for clustering is generating using a conventional
initialization technique, where the seed is the initial constellation of a cluster
centroid (Fig. 7, column 7, lines 15 -19).

It would have been obvious to one of ordinary skill in the art, at the time of
invention, to modify the database server 110 of Beuck(Fig. 1/110) such that the
newly found·access point's position and other access points positions are
calculated accordingly (Moeglein, Fig. 1), for improved redundancy for a more
fail-safe operation, higher positioning availability, better accuracy, and faster time
to fix, and the server has the updated information about the access points in an
ongoing basis (Moeglein, paragraphs 0042,0056), would have further
incorporated clustering logic of Castelli (Castelli, Figs. 1, 4) for performing a
search based on a hierarchical correlation in the feature space between the
target sequence and the subsequences. The target sequence and the stored
sequence are correlated first at the lowest level in the hierarchy (Castelli, column
2, lines 17 - 28).

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The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
1.

Garahi teaches, movable access points and repeaters for minimizing
coverage and capacity constraints in a wireless communication network.
US Patent: US 7,206,294 B2 Apr. 17, 2007.

2.

Riley teaches creating and using base station almanac information in a
wireless communication system having a position location capability.,
US PGPub: 2003/0125045 A1 Jul. 3, 2005.

3.

Krumm teaches, proximity detection using wireless signal strengths.
US PGPub: US 2006/0046709 A1 Mar. 2, 2006.

4.

Eaton teaches, communication system for location sensitive information.
US Patent: US 6,888,811 B2 May 3, 2005.

5.

Stanforth teaches, determining relative positioning in ad-hoc networks.
US Patent: US 7,167,715 B2 Jan. 23, 2007.

6.

Martizano Catalasan teaches, method for creating the clustered logic map
solution space.
US PGPub: US 2005/0108306 A1 May 19, 2005.

Contact Information
Any inquiry concerning this communication from the examiner should be directed
to Nimesh Patel at [phone], normally reached on M-F, 7:30 AM to 5:00
PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Rafael, Perez-Gutierrez, can be reached at [phone].
Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for
published applications may be obtained from either Private PAIR of Public PAIR.
Status information for unpublished applications is available through Private PAIR
only. For more information about the PAIR system, see
http://pair-direct.uspto.gov. Should you have questions on access to the Private
PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197
(toll-free). If you would like assistance from USPTO Customer Service

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Application/Control Number:
11/261,898
Art Unit: 2617

Representative or access to the automated information system, call 800-7869199 (IN USA OR CANADA) or 571-272-1000.

Nimesh Patel
Nov. 19,2007.

~~G~t~

Supervisory Patent Examiner
Technology Center 2600
Art Unit 2617

tdl4( Jf

GSHFED 0000212

Express Mail Label No. EV 622196932 US
Date of Deposit: October 28, 2005
Attorney Docket No. 2000319.124 USI

SERVER FOR UPDATING LOCATION BEACON DATABASE
Cross-Reference To Related Applications
[0001]

This application claims the benefit under 35 U.S.c. §119(e) of U.S. Provisional Patent

Application No. 60/623,108, filed on October 29,2004, entitled Wireless Data Scanning Networkfor

Building Location Beacon Database, which is herein incorporated by reference in its entirety.
[0002]

This application is related to the following U.S. Patent Applications (Nos. TBA), filed on an

even date herewith, entitled as follows:
Location Beacon Database;
Location-Based Services that Choose Location Algorithms Based on Number of Detected
Access Points Within Range of User Device; and
Method and System for Building a Location Beacon Database.

Background
1.

[0003]

Field of the Invention
The invention generally related to location-base services and, more specifically, to methods

and systems of determining locations of Wi-Fi access points and using such information to locate a WiFi-enabled device.
2.

[0004]

Discussion of Related Art
In recent years the number of mobile computing devices has increased dramatically creating

the need for more advanced mobile and wireless services. Mobile email, walkie-talkie services, multiplayer gaming and call following are examples of how new applications are emerging on mobile
devices. In addition, users are beginning to demand/seek applications that not only utilize their current
location but also share that location information with others. Parents wish to keep track of their
children, supervisors need to track the location of the company's delivery vehicles, and a business
traveler looks to find the nearest pharmacy to pick up a prescription. All of these examples require the
individual to know their own current location or that of someone else. To date, we all rely on asking
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for directions, calling someone to ask their whereabouts or having workers check-in from time to time
with their position.

[0005]

Location-based services are an emerging area of mobile applications that leverages the

ability of new devices to calculate their current geographic position and report that to a user or to a
service. Some examples of these services include local weather, traffic updates, driving directions,
child trackers, buddy finders and urban concierge services. These new location sensitive devices rely
on a variety of technologies that all use the same general concept. Using radio signals coming from
known reference points, these devices can mathematically calculate the user's position relative to these
reference points. Each of these approaches has its strengths and weaknesses based on the radio
technology and the positioning algorithms they employ.

[0006]

The Global Positioning System (GPS) operated by the US Government leverages dozens of

orbiting satellites as reference points. These satellites broadcast radio signals that are picked up by
GPS receivers. The receivers measure the time it took for that signal to reach to the receiver. After
receiving signals from three or more GPS satellites the receiver can triangulate its position on the
globe. For the system to work effectively, the radio signals must reach the received with little or no
interference. Weather, buildings or structures and foliage can cause interference because the receivers
require a clear line-of-sight to three or more satellites. Interference can also be caused by a
phenomenon known as multi-path. The radio signals from the satellites bounce off physical structures
causing multiple signals from the same satellite to reach a receiver at different times. Since the
receiver's calculation is based on the time the signal took to reach the receiver, multi-path signals
confuse the receiver and cause substantial errors.

[0007]

Cell tower triangulation is another method used by wireless and cellular carriers to

determine a user or device's location. The wireless network and the handheld device communicate
with each other to share signal information that the network can use to calculate the location of the
device. This approach was originally seen as a superior model to GPS since these signals do not
require direct line of site and can penetrate buildings better. Unfortunately these approaches have
proven to be suboptimal due to the heterogeneous nature of the cellular tower hardware along with the
issues of multi-path signals and the lack of uniformity in the positioning of cellular towers.

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[0008]

Assisted GPS is a newer model that combines both GPS and cellular tower techniques to

produce a more accurate and reliable location calculation for mobile users. In this model, the wireless
network attempts to help GPS improve its signal reception by transmitting information about the clock
offsets of the GPS satellites and the general location of the user based on the location of the connected
cell tower. These techniques can help GPS receivers deal with weaker signals that one experiences
indoors and helps the receiver obtain a 'fix' on the closest satellites quicker providing a faster "first
reading". These systems have been plagued by slow response times and poor accuracy --greater than
100 meters in downtown areas.

[0009]

There have been some more recent alternative models developed to try and address the

known issues with GPS, A-GPS and cell tower positioning. One of them, known as TV-GPS, utilizes
signals from television broadcast towers. (See, e.g., Muthukrishnan, Maria Lijding, Paul Havinga,
Towards Smart Surroundings: Enabling Techniques and Technologies for Localization, Lecture Notes
in Computer Science, Volume 3479, Jan 2Hazas, M., Scott, J., Krumm, J.: Location-Aware Computing
Comes of Age. IEEE Computer, 37(2):95-97, Feb 2004 005, Pa005, Pages 350-362.) The concept
relies on the fact that most metropolitan areas have 3 or more TV broadcast towers. A proprietary
hardware chip receives TV signals from these various towers and uses the known positions of these
towers as reference points. The challenges facing this model are the cost of the new hardware receiver
and the limitations of using such a small set of reference points. For example, if a user is outside the
perimeter of towers, the system has a difficult time providing reasonable accuracy. The classic
example is a user along the shoreline. Since there are no TV towers out in the ocean, there is no way to
provide reference symmetry among the reference points resulting in a calculated positioning well
inland of the user.

[0010]

Microsoft Corporation and Intel Corporation (via a research group known as PlaceLab) have

deployed a Wi-Fi Location system using the access point locations acquired from amateur scanners
(known as "wardrivers") who submit their Wi-Fi scan data to public community web sites. (See, e.g.,
LaMarca, A., et. al., Place Lab: Device Positioning Using Radio Beacons in the Wild.) Examples
include WiGLE, Wi-FiMaps.com, Netstumbler.com and NodeDB. Both Microsoft and Intel have
developed their own client software that utilizes this public wardriving data as reference locations.
Because individuals voluntarily supply the data the systems suffer a number of performance and
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reliability problems. First, the data across the databases are not contemporaneous; some of the data is
new while other portions are 3-4 years old. The age of the access point location is important since over
time access points can be moved or taken offline. Second, the data is acquired using a variety of
hardware and software configurations. Every 802.11 radio and antenna has different signal reception
characteristics affecting the representation of the strength of the signal. Each scanning software
implementation scans for Wi-Fi signals in different ways during different time intervals. Third, the
user-supplied data suffers from arterial bias. Because the data is self-reported by individuals who are
not following designed scanning routes, the data tends to aggregate around heavily traffic areas.
Arterial bias causes a resulting location pull towards main arteries regardless of where the user is
currently located causing substantial accuracy errors. Fourth, these databases include the calculated
position of scanned access points rather than the raw scanning data obtained by the 802.11 hardware.
Each of these databases calculates the access point location differently and each with a rudimentary
weighted average formula. The result is that many access points are indicated as being located far from
their actual locations including some access points being incorrectly indicated as if they were located in
bodies of water.
[0011]

There have been a number of commercial offerings of Wi-Fi location systems targeted at

indoor positioning. (See, e.g., Kavitha Muthukrishnan, Maria Lijding, Paul Havinga, Towards Smart
Surroundings: Enabling Techniques and Technologies for Localization, Lecture Notes in Computer
Science, Volume 3479, Jan 2Hazas, M., Scott, J., Krumm, J.: Location-Aware Computing Comes of
Age. IEEE Computer, 37(2):95-97, Feb 2004 005, Pa005, Pages 350-362.) These systems are
designed to address asset and people tracking within a controlled environment like a corporate campus,
a hospital facility or a shipping yard. The classic example is having a system that can monitor the exact
location of the crash cart within the hospital so that when there is a cardiac arrest the hospital staff
doesn't waste time locating the device. The accuracy requirements for these use cases are very
demanding typically calling for 1-3 meter accuracy. These systems use a variety of techniques to fine
tune their accuracy including conducting detailed site surveys of every square foot of the campus to
measure radio signal propagation. They also require a constant network connection so that the access
point and the client radio can exchange synchronization information similar to how A-GPS works.
While these systems are becoming more reliable for these indoor use cases, they are ineffective in any
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wide-area deployment. It is impossible to conduct the kind of detailed site survey required across an
entire city and there is no way to rely on a constant communication channel with 802.11 access points
across an entire metropolitan area to the extent required by these systems. Most importantly outdoor
radio propagation is fundamentally different than indoor radio propagation rendering these indoor
positioning algorithms almost useless in a wide-area scenario.

[0012]

There are numerous 802.11 location scanning clients available that record the presence of

802.11 signals along with a GPS location reading. These software applications are operated manually
and produce a log file of the readings. Examples of these applications are Netstumber, Kismet and WiFiFoFum. Some hobbyists use these applications to mark the locations of 802.11 access point signals
they detect and share them with each other. The management of this data and the sharing of the
information is all done manually. These application do not perform any calculation as to the physical
location of the access point, they merely mark the location from which the access point was detected.

[0013]

Performance and reliability of the underlying positioning system are the key drivers to the

successful deployment of any location based service. Performance refers to the accuracy levels that the
system achieves for that given use case. Reliability refers to the percentage of time that the desired
performance levels are achieved.

Local Search / Advertising
E911
Tum-by-tum driving directions
Gaming
Friend finders
Fleet management
Indoor asset tracking

Performance
< 100 meters
<150 meters
10-20 meters
< 50 meters
< 500 meters
<10 meters
< 3 meters

Reliability
85% of the time
95% of the time
95% of the time
90% of the time
80% of the time
95% of the time
95% of the time

Summary

[0014]

The invention provides a location beacon database and server, method of building location

beacon database, and location based service using same.

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GSHFED_0000233

Express Mail Label No. EV 622196932 US
Date of Deposit: October 28, 2005
Attorney Docket No. 2000319.124 USI

[0015]

Under another aspect of the invention, a Wi-Fi location server includes a database of Wi-Fi

access points for at least one target area having a radius on the order of tens of miles, said database
being recorded in a computer-readable medium and including database records for substantially all WiFi access points in the target area, each record including identification information for a corresponding
Wi-Fi access point and calculated position information for the corresponding Wi-Fi access point,
wherein said calculated position information is obtained from recording multiple readings of the Wi-Fi
access point to provide reference symmetry when calculating the position of the Wi-Fi access point and
to avoid arterial bias in the calculated position information. The server also includes computerimplemented logic to add records to the database for newly-discovered Wi-Fi access points said
computer logic including logic to recalculate position information for Wi-Fi access points previously
stored in the database to utilize the position information for the newly-discovered Wi-Fi access points.

[0016]

Under another aspect of the invention, the server includes computer-implemented clustering

logic to identify position information based on error prone GPS information.

[0017]

Under another aspect of the invention, the clustering logic includes logic to determine a

weighted centroid position for all position information reported for an access point and logic to identify
position information that exceeds a statistically-based deviation threshold amount away from the
centroid position and excludes such deviating position information from the database and from
influencing the calculated positions of the Wi-Fi access points.

Brief Description Of Drawings

[0018]

In the drawing,
Figure 1 depicts certain embodiments of a Wi-Fi positioning system;
Figure 2 depicts scanning vehicles including scanning devices according to certain

embodiments of the invention;
Figure 3 depicts an example of a scanning scenario to illustrate the problem of arterial bias in
data collection;
Figure 4 depicts an example using a programmatic route for a scanning vehicle according to

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