Invalidity dossier

US 7069188

Information management system

Current assignee: WALRUS HOLDINGS LLC

Added 9/26/2026, 8:28:00 AM

At a glanceNo PTAB challengesNo litigation on fileAgriculture (AG)

Active provider: DeepSeek · deepseek-v4-flash

Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

I'll run searches against the patent number and for litigation/docket activity.

Let me probe specifically for litigation or docket references to this patent.

US 7,069,188 — Summary (from the authoritative full text provided, plus live search)

Caveat up front: I could not find any USPTO or CAFC docket record tying US 7,069,188 to 2026 appellate activity. Searches for the number returned only the patent document itself and unrelated hits (a Lithuanian registry notice "Pranešimo Nr. 7069188," a Brazilian UTM coordinate, and JP 7069188 B2 — a different, unrelated Japanese patent). I cannot authoritatively confirm the absence of a CAFC docket; I can only state that no such record surfaced, and that the patent's US legal status is "Expired – Fee Related" with anticipated expiration 2020-08-22, which makes live 2026 appellate litigation unlikely.

Bibliographic data

Field Value
Patent number US 7,069,188 B2 (published application US 2005/0143959 A1)
Title Information management system
Inventor Josh R. Roberts (Washington, DC per one secondary source)
Original assignee Eye on Solutions LLC
Current assignee Walrus Holdings LLC (assignment recorded 2007-07-06)
Filed 2004-05-12 (application 10/844,283)
Issued 2006-06-27
Priority date (as listed) 2000-08-22
Status Expired – Fee Related
Continuity Continuation of 09/932,244 (now US 6,792,395), which was a CIP of 09/642,589 filed 2000-08-22
Family / foreign EP 1417604 A2 (ceased), WO 2002/017119 A2 (ceased), MX PA03001660 A, AU 8651601 A (pending)
Classifications Google Patents lists A01M (pest-control) art units; a secondary source (idiyas) lists Int. Cl. G06F 15/00. I am not harmonizing these — they conflict in the record.

Identifier note (strict reading): One secondary source labels this "US 7069188 B1," while Google Patents and the granted document are "B2." I have not auto-corrected either; treat B2 as the granted kind code per the authoritative text.

Abstract (as granted)

"A system sends an electrical signal communicated over a communication link. Both a system hardware and communication architecture and a software data processing system are provided to permit gathering, transmission, processing, storage, access, presentation and use of the data gathered by the system of the present invention."

Independent claims — plain language

Only claim 1 is independent. Claims 2–7 depend from claim 1; claims 8, 9, 10 are multiply-dependent (each reciting "claims 1, 3, 5, 4, or 6").

Claim 1 — A system for processing information that is remotely accessible for computerized monitoring/management of a condition, comprising:

  1. a. at least one device that accepts data about the condition and produces a representative electrical signal;
  2. b. a data collector that processes that signal into condition-related data;
  3. c. a transmitter sending the data over a communication link;
  4. d. a computer system managing remote gathering, transmission, processing, storage, access, presentation and use of the data;
    • the computer system includes a server that stores data in a database and provides access to it for retrieval/use in making determinations about the condition;
    • the server remotely hosts the hardware and software managing the database and is user-accessible over the communication link;
    • users are professional service providers or their customers, and the server processes data for them over the Internet for services rendered to the customer;
    • key limitation: multiple data types and multiple server functions exist for a given customer or provider, corresponding to multiple professional services, and are modifiable for different professional services.

In substance, claim 1 claims a hosted, Internet-accessible ASP/monitoring platform that is service-agnostic and reconfigurable — the same sensor→collector→transmitter→hosted-server/database pipeline must serve more than one professional service type with more than one data type and function set.

Claim 2 (dep.) — data types and server functions are user-specified by customers/providers, to customize input/access/use, designate users and access rights, or set preferences.

Claim 3 (dep.) — one customer, many providers: a single customer of more than one professional service provider accesses the server for that customer's information from each provider.

Claim 4 (dep. on 3) — many customers, many providers scale-up of claim 3.

Claim 5 (dep.) — one provider, many customers: more than one customer of a single provider accesses the server for that provider's information.

Claim 6 (dep. on 5) — many customers / many providers scale-up of claim 5.

Claim 7 (dep. on 1) — many customers of many providers access the server (stated independently of claim 3/5 chains).

Claim 8 (multi-dep.) — adds a receiver processing a request for information over the communication link (two-way communication).

Claim 9 (multi-dep.) — the monitored condition relates to at least one of a pest, a bait, or an environmental condition (ties the generic platform to the pest-control embodiment).

Claim 10 (multi-dep.) — the communication link is a wired or wireless link.

Practical observations

  • The specification is broader than the claims: it discloses a pest-management ASP with sensor units (CCD camera, load cell, microphone, etc.), data collectors, a Web server, TCP/IP, X-10, CeBus, Lonworks, WAP, TDMA, Bluetooth, GSM/IS-136/IS-95, and a three-tier user model (administrative, service-provider, customer users) with group/email/user administration, building-layout displays, service scheduling, detail queries and account status.
  • The claims, however, are drafted generically around "a condition" and "professional services" — claim 9's pest/bait/environmental alternative is the only claim-level hook to the pest-control field. This is the type of claim set that is vulnerable to §101 abstract-idea scrutiny, though I have found no 2026 judicial treatment of this patent to confirm any such holding.
  • Family counterpart EP 1417604 A2 is recorded as "Ceased," and WO 2002/017119 A2 as "not_active – Ceased."

If you need the prosecution history (office actions/prior-art rejections) or confirmation of the absence of any CAFC docket, that would require a direct USPTO PatentCenter/Public PAIR and PACER/CourtListener pull, which I cannot complete authoritatively from the results retrieved here.

Generated 9/27/2026, 9:24:34 PM

Cases on file (0)

Specific litigation cases in our database that name US patent 7069188. The free-form analysis below may also discuss cases beyond this list.

No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll search multiple litigation-focused sources for this specific patent number.

Initial results are dominated by false positives (other "'918" patents, e.g., Netlist/Netlist-Rambus patents). Let me search the litigation portals and the specific assignees.

Still no direct hits. Let me query litigation-specific databases and dockets for the patent number and its owner entities.

Result: No litigation found involving U.S. Patent No. 7,069,188

I searched for this specific patent number across the source types you identified (Unified Patents' litigation portal, PTAB/PTAB-related filings, CourtListener/RECAP, Justia Dockets, Docket Alarm, and general litigation reporting), as well as for the patent's assignees and its family members. I could not identify any district court action, ITC investigation, PTAB proceeding, or Federal Circuit/CAFC appeal in which U.S. Patent No. 7,069,188 was asserted or challenged.

Important caution on search noise. A large fraction of "hits" for the token 918 in these databases refer to entirely different patents, and I did not count them:

  • Rambus U.S. Pat. No. 6,034,918 (Rambus v. Hynix, N.D. Cal. C-00-20905) — different patent.
  • Netlist U.S. Pat. No. 8,301,833 family, including a "918/054" patent pair (e.g., Netlist v. Samsung, E.D. Tex. 2:21-cv-00463; Netlist v. Micron, E.D. Tex. 2:22-cv-00203) — different patents.
  • Netlist U.S. Pat. No. 10,164,918 (Perry Street Software v. Jedi Technologies) — different patent.
  • Various PTAB petitions referring to other "'918 patents" — different patents.

None of these involve the pest-monitoring "information management system" patent at issue.

Details on the patent itself (for context)

Field Value
Patent U.S. 7,069,188 B2, "Information management system"
Inventor Josh R. Roberts (assignment records also list John R. Roberts, corrected to Josh R. Roberts)
Original assignee Eye on Solutions, LLC (Pittsburgh, PA)
Current assignee of record Walrus Holdings, LLC (assignment recorded 2007-07-06)
Application US 10/844,283, filed 2004-05-12
Priority 2000-08-22
Granted 2006-06-27
Family Continuation of US 09/932,244 (now U.S. 6,792,395); CIP of US 09/642,589; foreign counterparts EP1417604A2, AU8651601A, MXPA03001660A, WO2002017119A2
Legal status Expired – Fee Related (anticipated expiration 2020-08-22)

Outcome / current status

Because no litigation was located:

  • Plaintiff(s), defendant(s), jurisdiction, case number, filing date, outcome: none identified.
  • The patent's own record is consistent with a non-asserted asset: it expired for failure to pay maintenance fees effective the 2020-08-22 anticipated expiration date, and no reissue, reexamination, or post-grant proceeding appears in its file history.

Confidence and limitations — please read

  • Confidence that there is no significant reported U.S. patent litigation: moderate-to-high, but I cannot certify a negative. My searches were web-search based; I did not directly query PACER, Docket Navigator, or Lex Machina. Free litigation portals (Unified Patents, CourtListener, Justia, Docket Alarm) are largely keyed to asserted patents, and a suit that was filed and dismissed very early, settled before service, or filed in a low-reporting venue could be under-indexed.
  • PTAB (IPR/PGR/CBM): I found no post-grant proceeding on this patent, which is expected given it expired in 2020.
  • Federal Circuit / CAFC: No appeal identified. CAFC jurisdiction would only arise from a district court or PTAB decision involving the patent, and none was found.
  • Foreign proceedings: I did not identify litigation on the European counterpart EP1417604A2 (EP application 01965968, status "not active – ceased") or the other family members. I also did not run a systematic non-U.S. litigation search.

Recommended next steps if you need a litigation-clearance-grade answer

  1. Run the patent number directly in Docket Navigator, Lex Machina, and PACER's "Nature of Suit 830" case search (party name "Eye on Solutions" and "Walrus Holdings").
  2. Run the patent number in USPTO Patent Center / PTAB and the USPTO Assignment database (done partially via the Google Patents record above).
  3. Check CourtListener RECAP by party name for Eye on Solutions, LLC and Walrus Holdings, LLC (I searched these; nothing surfaced).

If you want, I can run the party-name searches for Eye on Solutions, Walrus Holdings, and Josh R. Roberts more exhaustively, or search for any pre-suit demand letters/licensing campaign involving this portfolio, which would be the most likely form of assertion activity.

Generated 9/27/2026, 9:24:34 PM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll verify the structured block's "no proceedings" default against the public record before writing.

Let me run targeted follow-ups to rule out proceedings under variant party names and to check for related litigation that might have spawned IPRs.

PTAB proceedings overview

Total AIA trial proceedings on US 7,069,188: 0. The canonical structured block ("PTAB proceedings on file") reports that the USPTO Open Data Portal returns no AIA trial proceedings for this patent as of the most recent ingest, and my independent web checks surfaced no IPR, PGR, or CBM petition ever filed against this patent — no institution decisions, no Final Written Decisions, no terminations, no Federal Circuit appeals from any Board decision. Bottom line for a defendant: the patent has no PTAB track record at all — it is neither hardened nor dead. Every one of claims 1–10 is untested before the Board. Your invalidity fight, if any, starts from scratch on the art of record and on § 101, not from a ready-made FWD you can drop into a notice letter.

Verification performed (why the "zero" answer is reliable)

Check Source Result
AIA trial proceeding list USPTO ODP / structured "PTAB proceedings on file" block No proceedings
Patent number as petitioner-target Web search for 7069188 IPR PTAB, "U.S. Patent No. 7,069,188", "7,069,188" IPR20xx No hits on this patent
Original assignee as party Search on "Eye on Solutions" + infringement/IPR No PTAB or reported litigation hits
Current assignee as party Search on "Walrus Holdings" + IPR/PTAB No relevant hits
False positives excluded e.g., Samsung v. Netlist IPR2022-00996 (U.S. 11,016,918) and IPR2022-01137 (U.S. 8,581,706) Different patents; the "'918" shorthand in those papers does not refer to 7,069,188

No proceeding number is stated above because none exists; I have not invented one.

Patent posture context (from the authoritative full text and bibliographic data)

  • Priority date 2000-08-22; application 10/844,283 filed 2004-05-12; granted 2006-06-27 as a continuation of 09/932,244 (now US 6,792,395), which was a CIP of 09/642,589.
  • Inventor Josh R. Roberts; original assignee Eye on Solutions LLC; reassigned to Walrus Holdings LLC on 2007-07-06.
  • Legal status: Expired – Fee Related; anticipated expiration 2020-08-22.

Proceedings

None. There is no proceeding to walk through at the claim level. Rather than manufacture an entry, here is what the absence means and what the record does show.

(No proceedings on file) — No petitioner v. Eye on Solutions LLC / Walrus Holdings LLC

  • Type: N/A — no IPR, no PGR, no CBM was ever filed.
  • Filed: N/A.
  • Status: N/A. (The patent itself is "Expired – Fee Related." Note: that designation indicates the patent lapsed for non-payment of maintenance fees and therefore may have ceased to be enforceable before the nominal 2020-08-22 term date. I did not retrieve the maintenance-fee event history, so I cannot state the actual lapse date — treat this as an open item to confirm on the USPTO fee record.)
  • Judge panel: N/A.
  • Petition grounds: N/A.
  • Institution decision: N/A.
  • Final Written Decision: N/A. Consequently no claim of US 7,069,188 has been canceled, and no claim has been held patentable, by the Board. Claims 1–10 are all UNTESTED.
  • Settlement / termination: N/A.
  • Appeal: None to the Federal Circuit arising from a Board decision on this patent.
  • Defensive value: You cannot point to a canceled claim. What you can point to is a closed damages window and an untested validity record — see below.

Strategic summary

Canceled vs. sustained vs. untested. Canceled: none. Sustained (i.e., adjudicated patentable by the Board): none. Untested: claims 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 — the entire patent. Claim 1 is the sole independent claim; claims 2–7 depend from claim 1; claims 8–10 are multiply-dependent (claim 8 depends on "claims 1, 3, 5, 4, or 6"; claims 9 and 10 depend on "claims 1, 3, 5, 8, 4, or 6"). Nothing about the scope of the claim set has been adjudicated or narrowed by the Office outside original prosecution. Because there is no FWD, there is no claim-level disposition to quote — and I will not attribute reasoning to a panel that never sat.

Estoppel landscape. § 315(e)(2) estoppel is irrelevant here: no petitioner, no instituted trial, no final written decision — so no party is estopped from anything. For a defendant currently facing assertion, that cuts both ways: you are not blocked by anyone else's prior IPR grounds, but you also get no benefit from an earlier petitioner's work product. Two structural gates matter more than estoppel now: (i) IPR/PGR availability — with the patent expired (and possibly lapsed for fee non-payment), an AIA petition is largely a moot exercise unless there is live past-damages exposure; and (ii) CBM is gone entirely — the transitional CBM program sunset for petitions filed on or after 2020-09-16, so the "covered business method" theory that claim 1's generic ASP/Internet architecture might once have invited is no longer available in any forum through the Board.

Pattern signals. No repeats (no petitioner filed once, let alone twice). The patent owner never had occasion to defend at the Board, so there is no evidence of aggressive PTAB appellate practice, and no defensive aggregator (Unified Patents or similar) appears anywhere in the chain — the only assignments of record are the inventor-to-Eye on Solutions and Eye on Solutions-to-Walrus Holdings transfers (the latter dated 2007-07-06). The enforcement history appears thin: I found no reported assertion campaign by either assignee, which is consistent with a patent that was never asserted hard enough to attract an IPR. That is itself the signal — well-asserted patents eventually attract IPRs; this one never did.

Substantive leverage that survives the "zero proceedings" answer (offered as candidate theories, not Board holdings):

  1. The calendar is your strongest defense. Priority is 2000-08-22, so the nominal 20-year term ran to 2020-08-22, and the patent is flagged "Expired – Fee Related," which suggests lapse possibly earlier still. Any demand letter asserting infringement based on post-expiration conduct — or seeking ongoing royalties or an injunction — is facially defective. Confirm the actual lapse date from the maintenance-fee record before relying on the earlier date.
  2. § 101 exposure is untested. Claim 1 recites the familiar generic combination of a sensor, a data collector, a transmitter, a server, a database, and Internet access, with the only arguably distinctive flourish being the "professional service providers or customers" and "multiple professional services … modifiable" language added in this continuation. The "human activity" hook is real, but the Board never had to reach it; expect a § 101 motion, not an IPR, to be the live vehicle.
  3. The art of record is generic-art-heavy. Prosecution citations included US 6,415,291 (remotely accessing a selected group of items from a database), US 6,437,692 (monitoring/controlling remote devices), US 6,052,066 (remote termite monitoring with wired/wireless data collector), and US 6,192,320 (interactive remote sample analysis), plus the pest-detection references US 4,937,555, US 4,941,356, US 5,005,416, US 5,285,688, US 5,566,069, and US 5,575,105. A § 103 combination built on the database-access and remote-monitoring references is the natural attack on claim 1 — but note that the same references appearing in the file history gives a plaintiff an Advanced Bionics / § 325(d) discretionary-denial argument if anyone ever did petition.
  4. A formal claim-drafting defect worth probing. Claims 9 and 10 each depend on a list that includes claim 8, and claim 8 is itself a multiple dependent claim. A multiple dependent claim that depends on another multiple dependent claim does not conform to the multiple-dependent-claim rules (35 U.S.C. § 112 and 37 C.F.R. § 1.75(c)). I flag this strictly as an observation on the face of the issued claims — it was never litigated at the Board, and it affects claim form rather than patentability, so treat it as a caveat to raise in claim construction or a § 112 challenge, not as a silver bullet.

Recommended next steps

  1. Stop looking for a PTAB shortcut — there isn't one. State plainly in any defense memo: no AIA trial proceeding has ever been filed against US 7,069,188; claims 1–10 are entirely untested at the Board. There is no FWD to link to, and any brief that cites one is citing the wrong patent (the "'918" you will find in Board papers is U.S. 11,016,918 in the Samsung v. Netlist IPRs, or U.S. 7,173,916 in the Sprint IPRs — not this patent).
  2. Move on the expiration record first. Pull the maintenance-fee event history from USPTO Patent Center for 7,069,188 and pin down whether the patent lapsed before 2020-08-22. If it did, the assertion is dead on the calendar and you may not need invalidity contentions at all.
  3. If live past-damages exposure exists, the realistic tracks are (a) § 101 at summary judgment given the generic ASP/Internet claim architecture, and (b) § 102/§ 103 over the remote-monitoring + remote-database-access art already of record. Re-verify the exact dates and citations for US 6,415,291, US 6,437,692, and US 6,052,066 before drafting, since I am relying on the patent's own reference list rather than a fresh art search.
  4. Monitor going forward. Well-asserted patents eventually attract IPRs; if Walrus Holdings begins an assertion campaign, expect a defensive aggregator or a defendant to petition. Poll the ODP/PTAB E2E docket periodically rather than assuming the zero count is permanent.

Sources: structured "PTAB proceedings on file" block (USPTO Open Data Portal, most recent ingest); full text and bibliographic record at https://patents.google.com/patent/US7069188/en ; USPTO Patent Trial and Appeal Board decisions page (https://www.uspto.gov/patents/patent-trial-and-appeal-board/ptab-decisions ) and PTAB E2E (https://ptacts.uspto.gov/ptabweb/ ) for docket confirmation; CourtListener (https://www.courtlistener.com ) for CAFC docket checks — no appeal from a Board decision on this patent was located.

Confidence and caveats: high confidence that no AIA trial proceeding exists on this patent, based on both the structured source and multiple independent searches. Lower confidence on the precise maintenance-fee lapse date and on whether any unreported district court litigation exists — those require the fee record and a PACER/docket search, which I did not run. Web search may surface recently filed proceedings the ODP has not yet indexed; I found none, but a fresh E2E docket check is warranted if you need a date-certain negative as of today.

Generated 9/27/2026, 9:24:51 PM

Ownership chain (3)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. ? · recorded 2004-05-12 · reel 015326/0821 · Assignment

    John R. RobertsEye on Solutions, LLC

    inventor-to-company assignment

  2. ? · recorded 2005-07-19 · Correction

    Josh R. RobertsEye on Solutions, LLC

    change of name only

  3. ? · recorded 2007-07-06 · Assignment

    Eye on Solutions, LLCWalrus Holdings, LLC

    transfer-to-holding

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment record. Let me search the USPTO Assignment Center data and related sources.

Let me dig into the specific assignment records and the entities involved.

Let me try more targeted searches on the assignee entities and the recording details.

Ownership & Assignment Analysis — US 7,069,188 ("Information management system")

Sourcing caveat (read first). I could not issue a direct, native query to USPTO Assignment Center from this workstation; the assignment events below are reconstructed from the Google Patents legal-events record (which mirrors USPTO assignment data) at https://patents.google.com/patent/US7069188/en, plus cross-checks against the granted patent front page, the WO 2002/017119 A2 publication, and the parent US 6,792,395. Only one reel/frame is visible in that mirror (015326/0821). The reel/frame and the correspondent of record for the other two records were not retrievable in this pass. I have not invented them. To complete the four-field template (reel/frame + correspondent) you must pull the native record at https://assignmentcenter.uspto.gov/ (or https://assignment.uspto.gov/patent/index.html), searching patent number 7,069,188 and separately the grantor names below.


Inventors

Inventor Address of record Employer at filing (as determinable)
Josh R. Roberts Washington, DC (per idiyas mirror; not independently confirmed) Most likely Eye on Solutions, LLC — evidenced by his assignment of the rights to that company (reel 015326/0821). Not conclusively established: the inventor's stated address (DC) and the assignee's stated address (Pittsburgh/Rockville, see below) differ.

Pattern notes.

  • Sole inventor, sole assignee. This is a single-inventor patent, so there is no multi-inventor "everyone left within 12 months" signature to look for. The relevant structural signal here is the opposite: one founder-inventor assigning to his own nascent company — a classic small-operator filing, not a corporate R&D pipeline.
  • Name-discrepancy history (documented, not corrected). The original assignment recorded 2004-05-12 named the assignor as "ROBERTS, JOHN R." (the corrective recital describes it as "JOHN R. ROBERTA"). The patent names Josh R. Roberts. The 2005-07-19 corrective assignment fixed the grantor identity. Treat the "John R. Roberts" name as a transcription error of record that was expressly corrected, not a second inventor. (This is consistent with — and does not contradict — the identifier caveat already flagged in the summary section.)
  • No evidence of inventor departure or a subsequent inventor-level re-assignment surfaced.

Original assignee

Eye on Solutions, LLC — named on the face of the issued patent, listed on the idiyas mirror as Pittsburgh, PA.

  • Primary line of business: a pest-management service provider running its own ASP platform. The specification is self-describing: it claims an "application service provider (ASP) database solution for service providers and their customers," and the drawing sheets carry the vendor's own branded workflow ("Basic Eye On Solutions Flow," "Administrative functions of the Eye On Solutions Provider"). The WO 2002/017119 publication gives an operating address of 318 Longwood Drive, Pittsburgh, PA 15221.
  • Did they ship a product embodying the claims? The evidence points to yes, in the form of the Eye On Solutions hosted pest-monitoring/management application itself — the specification's screen flows (login, provider summary, building layout, service schedule, detail reports) read as screenshots of a live product, and the field-of-use is the company's own service. I did not locate a product catalog, pricing page, or archived site to confirm commercial deployment, so mark this probable, not certified.
  • Rebrand hint (unverified). A UI screen reproduced in the patent family includes the text "We have recently changed our name to Win Pest Management." If accurate, the operating business continued under the "Win Pest Management" trade name. I could not corroborate this against a corporate registry.
  • Current status: unknown. The entity has not appeared as assignee of record since the 2007-07-06 transfer. I found no evidence of dissolution, acquisition, or bankruptcy, and I equally found no evidence it is still trading. This is an open item.
  • Address discrepancy to flag (building, not repeating, the earlier sections): the parent patent US 6,792,395 front page lists "Eye On Solutions, LLC, Rockville, MD," while this patent and the WO publication list Pittsburgh, PA. Either the company relocated between the 2001 parent filing and the 2004 continuation, or one address is a correspondent address rather than a principal place of business. I am not harmonizing the two.

Assignment timeline

Three records appear. Dates below are recording dates as listed in the Google Patents legal-events mirror; execution dates were not retrievable in this pass.

  • Executed: not retrieved / recorded 2004-05-12 — Reel 015326/0821

    • Conveyance: Assignment of Assignors' Interest ("SEE DOCUMENT FOR DETAILS")
    • Assignor: John R. Roberts (as recorded — since corrected to Josh R. Roberts)
    • Assignee: Eye on Solutions LLC
    • Correspondent: not retrievable in this pass. Cannot assess recurrence; this is the field to pull natively.
    • Context: Inventor-to-company assignment — original capture of rights by the operating company.
  • Executed: not retrieved / recorded 2005-07-19 — Reel/frame not retrieved

    • Conveyance: Corrective Assignment (name correction)
    • Assignor: Josh R. Roberts
    • Assignee: Eye on Solutions, LLC
    • Correspondent: not retrievable in this pass.
    • Context: Change of name/identity only — corrects the 2004 grantor's name, expressly reciting the prior recording at reel 015326/0821. No change of ownership.
  • Executed: not retrieved / recorded 2007-07-06 — Reel/frame not retrieved

    • Conveyance: Assignment of Assignors' Interest ("SEE DOCUMENT FOR DETAILS")
    • Assignor: Eye On Solutions, LLC
    • Assignee: Walrus Holdings, LLC
    • Correspondent: not retrievable in this pass. This is the single most diagnostic field for the NPE question and must be pulled natively.
    • Context: Transfer out of the operating company to a holding entity, roughly 13 months after grant (2006-06-27). Acquisition vs. fire-sale vs. internal reorg cannot be distinguished on the current record.

If a fourth "Change of Name" record exists (e.g., reflecting the Win Pest Management rebrand), it did not surface and I have not assumed it.


Timeline diagram

timeline
    title Ownership of US 7069188
    2000 : Priority date
    2001 : Parent application filed
    2004 : Continuation application filed
         : Assigned to Eye on Solutions LLC
         : Reel 015326 Frame 0821
    2005 : Corrective assignment on grantor name
    2006 : Patent issued
    2007 : Assigned to Walrus Holdings LLC
    2020 : Expired for unpaid maintenance fee

NPE / troll-pattern signals

# Signal Call Support
1 Shell-entity transfer unclear A transfer did occur from the operating assignee to Walrus Holdings, LLC (recorded 2007-07-06, reel/frame not retrieved). The "Holdings" suffix is a recognized tell. But the corroborating facts the rubric requires — no products in commerce, registered-agent address, single-purpose state of formation — were not gathered, and naming alone is not a finding. Open.
2 Known asserter in the chain not present Neither Eye on Solutions, LLC nor Walrus Holdings, LLC matched Acacia, Marathon Patent Group, Intellectual Ventures, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, or any Spangenberg-associated entity in the searches run. No Unified/RPX high-frequency-plaintiff listing surfaced for either name.
3 Repeat correspondent across the chain unclear — not determinable The correspondent of record was not retrievable for any of the three records (only reel 015326/0821 is visible, and the mirror strips the attorney field). Because the signal is recurrence, a blank correspondent yields no finding either way. This is the highest-value missing datum.
4 Cascading transfers not present Only one post-issuance transfer exists (2007-07-06). The 2004 and 2005 records both name the same assignee (Eye on Solutions, LLC), and 2005 is a pure correction — so there are not multiple consecutive assignments through chained LLCs within 24 months.
5 Pre-litigation transfer not present No infringement suit naming this patent was located in the litigation pass above, so there is no first-suit date to anchor a 6-month window. The 2007-07-06 transfer predates any conceivable 2026 assertion by ~19 years.
6 Bankruptcy fire-sale not present / not found No Chapter 7/11 proceeding for either Eye on Solutions, LLC or Walrus Holdings, LLC surfaced. I flag this as not found rather than affirmatively disproved.
7 Privateering not present / not found No SEC 10-K/8-K or press coverage indicating an operating company funded Walrus Holdings to assert against competitors surfaced.
8 Defensive aggregator (anti-NPE) not present Walrus Holdings, LLC is not RPX, Allied Security Trust, LOT Network, Unified Patents, or Open Invention Network. The chain does not terminate in a neutralization vehicle.

Counter-signal worth weighing (goes against an NPE call). The patent is recorded as Expired – Fee Related with anticipated expiration 2020-08-22. A patent-holding vehicle actively monetizing the asset would ordinarily keep maintenance fees current through the full term. Lapse for non-payment, combined with the total absence of any located assertion, points to a dormant asset rather than an active licensing campaign.


Verdict

Insufficient data.

The chain is short and largely benign — inventor Josh R. Roberts → Eye on Solutions, LLC (reel 015326/0821, recorded 2004-05-12, plus a 2005 name-correction) and then a single transfer to Walrus Holdings, LLC (recorded 2007-07-06) — but the one link that would decide the NPE question is exactly the one I could not read: the correspondent, address, and reel/frame of the 2007-07-06 recording. With no known-asserter match, no cascade, no litigation ever located, and a 2020 lapse for unpaid maintenance fees, there is no evidence-based basis to call this an NPE — and equally no basis to call it defensive (the chain does not end at RPX/AST/LOT/Unified). If the native record shows Walrus Holdings recording via a registered-agent address with a repeat NPE-side correspondent, this moves to NPE — moderate confidence; if it shows a Pittsburgh/DC correspondent matching the 2004 filing, it stays a routine holding-company transfer.

Verify natively at: https://assignmentcenter.uspto.gov/ (patent no. 7,069,188; grantors "Roberts," "Eye on Solutions"; assignee "Walrus Holdings") and the mirror index at https://assignment.uspto.gov/patent/index.html.

What would upgrade this analysis (single highest-value pull): the correspondent of record for the 2007-07-06 Walrus Holdings recording, plus the reel/frame for both the 2005 corrective and the 2007 assignment. Those three fields convert signals #1 and #3 from unclear to a definitive call.

Confidence: moderate-high that the chain of title (Roberts → Eye on Solutions → Walrus Holdings) is complete as stated, because it is corroborated across the Google Patents legal-events record and the patent-family metadata. Low on every correspondent/address-based NPE inference, which is why the verdict is "Insufficient data" rather than a substantive call.

Generated 9/27/2026, 9:31:24 PM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll verify the patent and its cited references against live sources before building the § 102 mapping.

Now the remaining cited references.

I hit the tool-call limit mid-verification, so I'll flag precisely which references I confirmed against live sources and which I'm relying on the patent's own front-page citation table for.


Prior art analysis — US 7,069,188 B2

A. Confirmation of the target patent (literal, no auto-correction)

The search returned the patent itself and only the patent itself. No results for any similar number were admitted:

Field Value (as recorded)
Patent US 7,069,188 B2, "Information management system" (pub. US 2005/0143959 A1)
Application 10/844,283, filed 2004-05-12; granted 2006-06-27
Priority as listed 2000-08-22
Inventor / assignee Josh R. Roberts; Eye on Solutions, LLC → Walrus Holdings, LLC (2007-07-06)
Continuity Continuation of 09/932,244 (US 6,792,395), itself a CIP of 09/642,589 (filed 2000-08-22)
Status Expired – Fee Related

Identifier caveat. One secondary source (idiyas) labels this "US 7069188 B1" with Int. Cl. G06F 15/00, while Google Patents and the granted document say B2 and classify it in A01M. I am not harmonizing these; both are recorded as found.

B. The threshold issue that governs every § 102 question below — the CIP filing-date problem

This is not a formality; it decides whether two of the seventeen references are prior art at all.

  • The reference date shown is 2000-08-22 (the 09/642,589 CIP-parent filing).
  • But claim 1 of this continuation contains a limitation — "multiple data types and multiple server functions … corresponding to multiple professional services … modifiable for different professional services" — that the specification describes as a feature of the ASP platform. If that subject matter was added in 09/932,244 (filed 2001-08-17) rather than present in 09/642,589, then claim 1's effective filing date is 2001-08-17, not 2000-08-22.
  • Consequence: two references filed in the window 2000-08-22 → 2001-08-17 are not § 102(e) art against a 2000-08-22 date, but are § 102(e) art against a 2001-08-17 date. Those are US 6,445,301 (filed 2000-09-12) and US 6,445,298 (filed 2000-12-21). I flag this rather than assume either way — resolving it requires the 09/932,244 specification text and the 09/642,589 priority document, which I did not retrieve.

Statutory framework. Pre-AIA § 102/§ 103 applies (application filed 2004-05-12). The front page does not, in the fetched text, distinguish examiner-cited from applicant-cited (IDS) references, so I cannot state which of the 17 were examiner rejections and which were merely listed.

C. The 17 front-page citations, mapped

Ordered by relevance to claim 1's architecture. "Anticipates" below means a single reference discloses every element of the enumerated claim; where I say element-level, the reference discloses some but not all of claim 1's limitations and is realistically § 103 material.

Tier 1 — Reference against the core claim-1 architecture

1. US 6,437,692 B1 — "System and method for monitoring and controlling remote devices"

  • Citation: Petite, Thomas D. & Huff, Richard M.; StatSignal Systems, Inc. (Atlanta, GA). Appl. 09/439,059, filed 1999-11-12; CIP chain to 09/102,178 filed 1998-06-22; granted 2002-08-20. (Verified live.)
  • Description: Sensors integrated with RF transmitters/transceivers; a gateway that translates signals into TCP/IP for a WAN (expressly the Internet in claim 13, Intranet in claim 14); an applications server + database that collects, compiles and stores data; client access via web browser with access permissions (claim 22); and a return path for control signals to actuators. It is the reference whose system architecture most nearly tracks claim 1(a)–(d).
  • § 102 mapping: Potential § 102(e) anticipation of claim 10 (RF/wireless and wired link). Element-by-element it supplies claim 1(a) sensor, 1(b) collection/processing, 1(c) transmission, and 1(d) hosted server + database + remote browser access over the Internet. It does not disclose "professional service providers or customers of said professional service providers" or "multiple professional services … modifiable." No full anticipation of claim 1; it is the natural § 103 primary reference combined with a pest/service reference (e.g., US 6,052,066 or US 6,445,301).

2. US 6,052,066 A — "Remote monitoring system for detecting termites"

  • Citation: Su, Nan-Yao; University of Florida Research Foundation, Inc. Appl. 08/741,952, filed 1996-10-30 (priority 1996-10-31); granted 2000-04-18. Parent/companion US 5,815,090 (verified live).
  • Description: Termite sensors (breakable conductive bridge on an edible block) placed in zones, each zone independently linked to an on-site data collection unit by cable or independent wireless link; a remote host processor downloads the data over a communications link (standard telephone land line or wireless) either continuously, at intervals, on a schedule, or on demand; data is then stored, recorded, reviewed and/or analyzed at a remote location, and the spec expressly contemplates moisture meters, acoustic-emission devices, and miniature digital balances for measuring bait weight loss.
  • § 102 mapping: Strong § 102(e) reference for claim 9 (pest/bait/environmental condition — the spec covers all three categories) and claim 10 (wired or wireless link). Discloses claim 1(a), (b), (c) cleanly. It does not disclose the hosted multi-service ASP server of claim 1(d).

3. US 6,192,320 B1 — "Interactive remote sample analysis system"

  • Citation: Margrey, Keith S. et al.; The University of Virginia Patent Foundation. Appl. filed 2000-03-23 (continuation; earliest priority 1991-07-30); granted 2001-02-20. (Verified live.)
  • Description: A server storing databases permitting automatic retrieval and storage interactively by a plurality of computers; remote instruments each with a remote computer; a central laboratory computer that reviews/accepts/rejects; communication means "including electronic network, cellular radio and optical connections"; the remote computer requests tests and receives/displays data from the server databases. Two-way by construction.
  • § 102 mapping: Element-level § 102(e) disclosure of claim 1(d)'s server/database/remote-multi-user access, and a good § 102(e) reference for claim 8 (receiver processing a request for information over the link). No pest/bait element → nothing for claim 9.

4. US 6,415,291 B2 — "System and methods for remotely accessing a selected group of items of interest from a database"

  • Citation: Bouve, W. Lincoln; Semple, William T.; Oxman, Steven W.; Civix-DDI, LLC. Appl. 09/816,829 filed 2001-03-23, continuation of 08/371,425 filed 1995-01-11 (parent US 5,682,525); granted 2002-07-02. (Verified live.)
  • Description: A user accesses a common remote database over a "communication link" expressly including a telephone, satellite, RF, infrared, internet, facsimile, fiber-optic, coaxial or television link; transmits a request signal; receives a transmitted portion of the database; and the database can be modified from qualified remote locations to change or add information.
  • § 102 mapping: Because it is a continuation, its § 102(e) date reaches back toward 1995-01-11 — the earliest of any reference here. Element-level on claim 1(d) (remote database, remote request, remote modification) and on claim 8. Not sensor-based; nothing for claims 9/10 on its own.

(Note: the citation table's own title for US 6,415,291 differs slightly from the parent US 5,682,525 record; I read the number literally and did not substitute.)

Tier 2 — Service/data-collection references (claim 1(d) flavor)

5. EP 0 924 949 A1 — "Computer supported system for data retrieval, analysis and communication for users of a building"

  • Citation: Gierth, Robert-Christian. Published 1999-06-23 (EP application).
  • Description: Computer-supported data retrieval, analysis and communication for building users — a hosted repository serving a class of users of a facility.
  • § 102 mapping: A § 102(a)/§ 102(b) printed publication (foreign publication is not eligible for § 102(e)). Element-level on 1(d)'s hosted, multi-user access concept. ⚠️ Confidence note: my verification call on this reference was cut off by the tool limit; the description above is drawn from the citation-table title and my general understanding, not a fetched document.

6. US 5,748,852 A — "Fuzzy-logic classification system"

  • Citation: Lockheed Martin Corporation. Filed 1994-09-16; granted 1998-05-05.
  • Description: Fuzzy-logic classification of sensed data.
  • § 102 mapping: § 102(b). Bears on claim 1's "making determinations related to said condition" and on the specification's differential-measurement/pest-type identification passages. Not a system architecture reference; § 103 support only. ⚠️ Not independently verified (tool limit); date/title from the citation table.

7. US 6,294,999 B1 — "Systems and methods for monitoring patient compliance with medication regimens"

  • Citation: Becton, Dickinson and Company. Filed 1999-12-29; granted 2001-09-25.
  • Description: Remote monitoring of a subject with data collection and reporting to a remote party.
  • § 102 mapping: § 102(e) (filed before 2000-08-22). Element-level on 1(a)–1(d) in a non-pest field; supports the § 103 argument that remote-monitoring-plus-server was generic by the priority date. ⚠️ Not independently verified (tool limit).

Tier 3 — Environmental/condition sensing references (claim 9)

8. US 6,405,135 B1 — "System for remote detection and notification of subterranean pollutants"

  • Citation: Adriany, John J. Filed 2000-07-18; granted 2002-06-11. (Date/title from citation table; verified as listed.)
  • Description: Remote detection of a subterranean environmental condition with remote notification.
  • § 102 mapping: § 102(e) — filed 2000-07-18, i.e. before the 2000-08-22 priority date. Directly relevant to claim 9's "environmental condition" alternative and to elements 1(a)–(d).

9. US 6,327,533 B1 — "Method and apparatus for continuously locating an object"

  • Citation: Geospatial Technologies, Inc. Filed 2000-06-30; granted 2001-12-04.
  • Description: Continuous remote location determination and reporting.
  • § 102 mapping: § 102(e) (filed before 2000-08-22). Generic remote-sensing/remote-reporting art.

Tier 4 — Pest-detection art already distinguished in the specification (claim 9 only; no claim-1 architecture)

These are the references the background section uses to frame the invention as an improvement. All are § 102(b) art (granted more than one year before the 2000-08-22 date). None discloses a network, a server, a database, or remote user access, so none anticipates claim 1 or claim 8.

Ref Citation Filed / Granted Description § 102 relevance
US 4,937,555 A USDA (Sec'y of Agriculture) 1989-04-04 / 1990-06-26 Piezoelectric apparatus/process for detecting insect infestation in an agricultural commodity § 102(b); claim 9 field only — the spec distinguishes it as "only detect presence/absence"
US 4,941,356 A Desowag Materialschutz GmbH prio 1987-10-28 / 1990-07-17 Process for detecting insects via probes sensing vibration in media § 102(b); claim 9 field only
US 5,005,416 A USDA 1989-04-04 / 1991-04-09 Insect detection using a pitfall probe trap with vibration detection; related data transmitted to a host computer § 102(b); claim 9 field; its "data to a host computer" is the closest of this group to element 1(b)/(c), but there is no network/server/database
US 5,575,105 A Cats, Inc. 1994-06-29 / 1996-11-19 Termite alarm unit — block holes with an emitting element at one end and a receiving element at the other; alarm when an insect breaks the wave § 102(b); claim 9 field only

⚠️ Dates and descriptions for US 4,941,356, US 5,005,416 and US 5,575,105 are taken from the patent's front-page citation table (and from the specification's background discussion of the same numbers); I did not independently fetch each document before hitting the tool limit.

Tier 5 — Verified-but-tangential and the two date-sensitive references

10. US 6,046,462 A — "Method and apparatus for determining orientation of parts resting on a flat surface"

  • Citation: Eastman Kodak Company. Filed 1997-12-16; granted 2000-04-04.
  • Description: Machine-vision determination of part orientation.
  • § 102 mapping: § 102(e). Goes to the specification's optical sensor / CCD-camera sensing-device embodiment (element 1(a) in that embodiment) and to deriving dimensional data from images. Not a claim-1 architecture reference. ⚠️ Date/title from citation table.

11. US 6,445,298 B1 — "System and method for remotely monitoring movement of individuals"

  • Citation: Shepher, Isaac. Filed 2000-12-21; granted 2002-09-03.
  • Description: Remote monitoring of movement with reporting.
  • § 102 mapping: ⚠️ Date-sensitive. Filed after the 2000-08-22 priority date, so not § 102(e) art if claim 1 keeps that date. It becomes § 102(e) art only if claim 1 is entitled to no earlier than 2001-08-17 (see § B above). On that assumption it is element-level art on 1(a)–(d).

12. US 6,445,301 B1 — "Electronic pest monitoring system and method"

  • Citation: Liphatech, Inc. Filed 2000-09-12; granted 2002-09-03.
  • Description: Electronic pest monitoring with remote data capture.
  • § 102 mapping: ⚠️ The most consequential date-sensitive reference. Filed after 2000-08-22 but before 2001-08-17. If claim 1 is entitled to 2000-08-22, it is not § 102(e) art. If claim 1's "multiple professional services … modifiable" limitation gets only the 2001-08-17 date, then this reference is § 102(e) art squarely in the pest-monitoring field and is the single most dangerous reference in the list for claims 1 and 9. ⚠️ I could not complete my verification of this reference; description is from the citation table.

Not in the citation list — flag

The specification's background discusses US 5,566,069 ("embedding wires in an edible bait block … detecting terminal … magnetic circuit … alarm") and US 5,285,688. Read literally, neither appears in the 17 front-page citations. The citation table instead contains US 5,566,069's lookalike, US 5,566,069 / US 5,566,069 — specifically US 5,566,069, which the table identifies as "Computer network for collecting and analyzing agronomic data," Monsanto Company, filed 1994-03-07, granted 1996-10-15 — an agronomic data network, not a bait-block alarm. I am treating these as two different documents and not auto-correcting either; the specification's bait-block reference and the cited Monsanto network patent should be verified against the front page before anyone relies on the pairing.

US 5,566,069 (Monsanto, "Computer network for collecting and analyzing agronomic data") — if it is in fact cited, it is a § 102(b) reference and is relevant to claim 1(d): a computer network for collecting and analyzing field data from distributed sites. ⚠️ Not independently verified; description from the citation table.

D. Bottom line on § 102

  • No single reference in the 17 anticipates claim 1 in full. Claim 1's closing limitation — multiple data types and multiple server functions corresponding to multiple professional services, modifiable for different services — is the gap every reference leaves. No reference in the list is drawn to a multi-service, multi-customer/multi-provider hosted ASP for professional services.
  • Cleanest § 102(e) element hits:
    • Claim 8 (receiver/request over the link): US 6,415,291 and US 6,192,320.
    • Claim 9 (pest/bait/environmental): US 6,052,066 (pest/bait/environment, verbatim), and US 6,405,135 (environmental).
    • Claim 10 (wired or wireless): US 6,437,692 and US 6,052,066.
  • Strongest § 103 route on claim 1: US 6,437,692 (hosted WAN/Internet server + database + browser-client access, two-way control) as primary, combined with US 6,052,066 (pest/bait remote monitoring data pipeline) and, for the "professional services/customers" element, US 6,192,320 or EP 0 924 949 A1 (hosted multi-user service data). Add US 6,415,291 for remote database modification by qualified remote users.
  • The wildcard is § B. If the CIP chain denies claim 1 the 2000-08-22 date, US 6,445,301 (Liphatech electronic pest monitoring) enters as § 102(e) art — and that is the one reference in the set aimed at the same commercial space.

E. Confidence and gaps

  • High confidence: bibliographic data for US 7,069,188; US 6,437,692; US 6,052,066; US 6,192,320; US 6,415,291 (all fetched live, with dates matching the citation table).
  • Medium confidence: the Tier 3/4/5 references, for which I relied on the patent's own front-page citation table (dates and short titles) rather than independently fetched documents — my verification calls were cut off by the tool-step limit.
  • Not established: (i) which of the 17 were examiner citations versus IDS listings; (ii) the actual 09/642,589 vs 09/932,244 specification overlap that fixes claim 1's effective date; (iii) whether the specification's "US 5,566,069" bait-block reference is the same document as the cited Monsanto "computer network for collecting and analyzing agronomic data" patent. Each of these should be pulled from USPTO PatentCenter / the priority documents before any § 102 or § 103 contention is filed.

Sources: https://patents.google.com/patent/US7069188/en (full text, claims, and the 17-reference citation table); https://patents.google.com/patent/[US6052066A](/patent/US6052066A)/en and https://patents.google.com/patent/US6437692 (verified reference texts); https://patents.google.com/patent/[US6192320B1](/patent/US6192320B1) and https://patents.google.com/patent/US6415291 (verified reference texts); https://www.freepatentsonline.com/[7069188](/patent/7069188).html ; https://idiyas.com/patent/badge/7069188 (B1/G06F labeling, recorded but not harmonized).

Generated 9/27/2026, 9:31:40 PM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll verify the substance of the key references of record before building the combination analysis.

Now let me verify the remaining key references of record that carry the "ASP / service-provider-customer / multi-service" limitations.

Obviousness Analysis — U.S. Patent No. 7,069,188 (35 U.S.C. § 103)

Scope of this section. I am analyzing only the § 103 question, using the Prior Art section of the patent page at https://patents.google.com/patent/[US7069188](/patent/US7069188)/en — i.e., the examiner-cited Citations (17), the Family Cites Families (6), and the Cited By (32) set — supplemented by live retrieval of the reference texts. I do not repeat the bibliographic, litigation, PTAB, or § 101/§ 112 material already generated; where those earlier sections matter (e.g., the "no proceedings on file" posture), I cross-reference rather than restate.


1. Governing framework and the critical date

Statute. Application 10/844,283 was filed 2004-05-12 — before the AIA first-inventor-to-file provisions took effect (2013-03-16) — so pre-AIA § 103 applies, with pre-AIA § 102 defining the art. The claim set was carried forward by continuations from 09/642,589 (filed 2000-08-22). The presumptive critical date is therefore 2000-08-22 (the listed priority date), unless an element of claim 1 is not supported by that earliest disclosure — see § 7.1 below, which is the single most important lever a challenger has and is not something I can resolve without the 09/642,589 specification.

Legal standard. Under KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), a claim is obvious if the differences between the claimed invention and the prior art are such that the subject matter as a whole would have been obvious to a person of ordinary skill, considering (i) the scope and content of the art, (ii) the differences, (iii) the level of ordinary skill, and (iv) objective indicia. A combination may be obvious where the elements are known, each performs the function it was known to perform, and there is an articulated reason (a "teaching, suggestion, or motivation" — TSM — or a KSR-recognized substitute such as design incentive, market pressure, or "obvious to try") with a reasonable expectation of success. The TSM test is not the exclusive route, and no explicit statement of motivation in a reference is required where the motivation is supplied by the design problem itself.

Level of ordinary skill (POSITA). I would define it as: a team-level artisan holding a bachelor's degree in electrical/computer engineering or computer science plus 2–3 years of experience in networked sensor/telemetry systems, or equivalent experience designing client-server and Internet-based business application software with database back ends, as of mid-2000. The claimed system spans both disciplines, and the case is best argued — and is best defended against — as a combined-discipline inquiry: one artisan on the RF/telemetry side, one on the networked-database side, with the motivation to combine supplied by the applications layer.

Analogous art. This is a low-risk area for a challenger. The '188 specification states expressly that the invention "can be applied to any application requiring the remote detection and monitoring of a condition, and the remote storage and access of data relating to the monitored condition." That self-description makes remote monitoring generally, networked database access generally, and hosted service-industry application software generally all reasonably pertinent art. The examiner's own citation list is drawn from exactly those three buckets (pest/vibration detection, remote telemetry, and remote database access), which confirms the field-of-endeavor analysis.


2. The prior art of record — what each reference supplies

Table A — Examiner-cited references (Citations (17)), with dates drawn literally from the patent page

Ref Date (priority / publication, per page) What it supplies against claim 1
US 4,937,555 1989-04-04 / 1990-06-26 Piezoelectric insect-infestation detection — the "device to accept data related to said condition" in a pest context
US 4,941,356 1987-10-28 / 1990-07-17 Process for detecting insects — sensor + signal generation for a pest condition
US 5,005,416 1989-04-04 / 1991-04-09 Insect detection via vibration probe; transmits data to a host computer
US 6,192,320 1991-07-30 / 2001-02-20 Interactive remote sample analysis — server storing databases, a plurality of remote instrument/computers, a central laboratory computer, interactive request/retrieve/display, remote monitoring of instrument performance over electronic/cellular/wireless/radio/optical link. This is the service-provider/customer, multi-station, hosted-database model.
US 5,566,069 1994-03-07 / 1996-10-15 Computer network for collecting and analyzing agronomic data — client-client-server: a plurality of client-client sub-networks (one per farm) linked to a single system server; master database; "various reports and other analyses … available to a farmer"; access restricted by account number and password via an embedded encryption routine; context-sensitive configurable displays; server processes data "in response to inquiry."
US 5,575,105 1994-06-29 / 1996-11-19 Termite alarm unit — condition sensing + alarm on a monitored pest condition
US 5,748,852 1994-09-16 / 1998-05-05 Fuzzy-logic classification system — supports "making determinations related to said condition" (classification of sensor data)
US 6,415,291 1995-01-11 / 2002-07-02 (family: US 5,682,525, filed 1995-01-11) Remote database access — database + "a plurality of ports for accessing the database through the Internet," request-signal transmission of a selected portion of the data, and — critically — "the database can be modified from qualified remote locations to change, or add to, the information therein," with "access security which allows only authorized access for modification."
US 6,052,066 1996-10-31 / 2000-04-18 Remote monitoring system for detecting termites — zones each with ≥1 sensor ("data collection unit" is the reference's own term), communication wired or wireless, data registered "continuously, or at regular intervals … or on demand," downloaded to "a remote host processor" and "stored, recorded, reviewed and/or analyzed at a remote location," expressly motivated by the cost of manual inspections.
US 6,046,462 1997-12-16 / 2000-04-04 Optical/processor-based determination of part orientation — cited for camera/optical sensing feeding a processor
EP 0 924 949 A1 (Gierth) 1997-12-18 / 1999-06-23 "Computer supported system for data retrieval, analysis and communication for users of a building" — a multi-user, facility-oriented, network-based data retrieval/analysis platform
US 6,437,692 1998-06-22 / 2002-08-20 Monitoring and controlling remote devices (StatSignal) — sensors + wireless transmitters + transceivers + "local gateway" that "translates … into TCP/IP"; "a dedicated computer on a network" that "collects, compiles, and stores the data for retrieval upon client demand across the network"; WAN = the Internet (claim 13); HTML/web-browser client access (claims 21–22); method claim 18 recites "granting client access to the computer"; the specification states: "Because the applications server is integrated on a WAN, Web browsers can be used by anyone with Internet access (and the appropriate access permissions) to view and download the recorded data," and criticizes aperiodic monitoring because "they require a service technician to physically traverse an area … with the associated costs being transferred to the consumers of the service."
US 6,295,999 1999-12-29 / 2001-09-25 Patient-compliance monitoring — remote monitoring of a condition with a hosted database and service-provider/patient roles
US 6,327,533 2000-06-30 / 2001-12-04 Continuously locating an object — remote positional monitoring with data reporting
US 6,405,135 2000-07-18 / 2002-06-11 Remote detection and notification of subterranean pollutants — sensor-based environmental-condition monitoring with remote notification
US 6,445,298 2000-12-21 / 2002-09-03 Remotely monitoring movement of individuals ⚠️ post-dates the 2000-08-22 priority date — see § 7.1
US 6,445,301 2000-09-12 / 2002-09-03 Liphatech, electronic pest monitoring system ⚠️ post-dates the 2000-08-22 priority date — see § 7.1

Table B — Family cites (6), usable as supporting art

Ref Date Relevance
US 5,572,195 1994-08-01 / 1996-11-05 "Sensory and control system for local area networks" — sensors on a LAN
US 5,848,378 1996-02-07 / 1998-12-08 Real-time data collection and presentation on multiple media — supports the multi-user-device feature of Fig. 2 of the '188
US 6,003,079 1997-02-27 / 1999-12-14 Continuously measuring quality of service in a "federated application environment" — i.e., hosted/shared application services, directly aligned with the ASP limitation
US 5,212,662 / US 4,999,802 1989-01-13 IBM floating-point dataflow; cited for the micro-architecture detail
US 5,694,350 1995-06-30 / 1997-12-02 DEC rounding adder; same micro-architecture purpose

Table C — "Cited By" documents whose own priority pre-dates the critical date (backup art only)

These appear in the Cited-By list but have their own early priority dates and are therefore potentially § 102(e) art. I have not independently verified their actual U.S. filing dates, so treat them as candidates requiring a date check before use:

  • US 7,797,367 — Gelvin et al., "Apparatus for compact internetworked wireless integrated network sensors (WINS)," priority 1999-10-06 — networked wireless sensor nodes with internetworked data processing.
  • US 8,369,967 — Hoffberg, alarm system controller, priority 1999-02-01 — networked monitoring/control with adaptive processing.
  • US 8,892,495 / US 10,361,802 — Blanding Hovenweep, adaptive pattern-recognition controller, priority 1991-12-23 / 1999-02-01.
  • US 2005/0102059 A1 — Ecolab, data processing system for managing chemical product usage, priority 1999-10-28 — hosted data processing for a service industry (a very close analogue to the ASP limitation).

All other Cited-By documents (Ecolab's later load-cell and hygiene patents, Dow's US 8,830,071, Bayer's US 10,152,035/US 10,834,914, BASF EP 4,337,006, etc.) are too late to be § 102/§ 103 art against a 2000 critical date and should not be cited against these claims. I flag them here only so they are not mistakenly used.


3. Combination 1 — the primary § 103 combination (claims 1–2, 5–8, 10)

US 6,437,692 (StatSignal) in view of US 6,052,066 (Univ. of Florida, Su), further in view of US 6,415,291 (Civix-Ddi) and US 6,192,320 (Univ. of Virginia, Margery).

3.1 Element chart against claim 1

Claim 1 element Where disclosed Notes
(a) "at least one device to accept data related to said condition and to provide a corresponding electrical signal" 6,437,692: "each wireless transmitter is integrated into a sensor adapted to monitor a particular data input." 6,052,066: termite sensor = edible block + breakable conductor forming a bridging circuit, producing an electrical signal characteristic (resistance/voltage) registered by the data collection unit. Also 4,937,555 / 4,941,356 / 5,005,416 for piezoelectric/vibration transducers. Fully met
(b) "a data collector that processes said electrical signal" 6,052,066 uses the literal term "data collection unit" (on-site, registering data per sensor/zone continuously, at intervals, or on demand). 6,437,692's gateway/transceiver network performs the same collection step. Literal-identity hit for the claim term
(c) "a transmitter that transmits said data over a communication link" 6,437,692: wireless transmitters/transceivers, RF packet protocol, gateway translating to TCP/IP over a WAN. 6,052,066: wired or wireless links; internal modem dial-up to a host. Fully met; also anticipates claim 10
(d) server + database + remote hosting + user access over the Internet 6,437,692: "dedicated computer on a network" that collects, compiles, and stores data "for retrieval upon client demand across the network"; Internet as the WAN; HTML/browser access; "granting client access." 6,415,291: database with a plurality of ports accessing through the Internet. 6,192,320: server storing databases with automatic retrieval and storage by a plurality of computers. 6,003,079 (family cite): hosted "federated application environment." Fully met
(d) "users comprise professional service providers or customers" 6,192,320: a central laboratory (service provider) interacting through the server with remote analysis stations (customers/field users), plus viewing stations for administration. 6,415,291: "qualified remote locations" authorized to modify the database. 5,566,069: many subscribing farmers served by one server, with account numbers and passwords. Met — this is the ASP/roles limitation
(d) "data related to professional services provided to said customer over the Internet" 6,192,320: analysis results, patient demographics, QC/status data provided from the service provider to the remote site, bi-directionally. 6,415,291: service/information content delivered over the Internet to remote ports. Met
(d) "multiple data types and multiple server functions … corresponding to multiple professional services … modifiable for different professional services" This is the only genuinely contestable element. Best mappings: 5,566,069 — a single server platform hosting four structurally distinct data domains (field operations, weather, land use, equipment) with context-sensitive, inquiry-configurable displays and reports, and an account-based access mechanism that is modified per subscriber; 6,192,320 — a server handling multiple data types (demographics, results, instrument performance, acceptance/rejection) with an instrument-to-computer interface that "interprets the instrument language" and is therefore configurable to different instruments; 6,415,291 — a database that "can be modified from qualified remote locations to change, or add to, the information therein"; EP 0 924 949 — one platform serving building users' data retrieval, analysis and communication across building functions. Weakest link — see § 7.2

3.2 Motivation to combine — grounded, not conclusory

  1. The references supply the motivation themselves, in the same problem space. Both 6,052,066 and 6,437,692 open with the identical problem: manual, technician-driven inspection is expensive. 6,052,066: inspections "are often costly because inspectors must be present at the site." 6,437,692: aperiodic monitoring "require[s] a service technician to physically traverse an area … with the associated costs being transferred to the consumers of the service." The '188 specification admits the same premise ("Approximately 75 percent of a technician's time is spent performing on site inspections"). A reference that identifies the very deficiency the claimed invention addresses is a textbook motivation.
  2. 6,052,066 explicitly reaches toward the claimed architecture. It does not stop at local sensing; it discloses downloading to "a remote host processor" and states that data "may then be stored, recorded, reviewed and/or analyzed at a remote location," with zones "checked on demand or pursuant to a specified schedule." An artisan seeking to reduce the on-site technician cost identified in both references would be led to make that remote host a shared, multi-user server.
  3. 6,437,692 supplies the "why Internet" link expressly. It states the benefit in terms: the application server on a WAN means "Web browsers can be used by anyone with Internet access (and the appropriate access permissions) to view and download the recorded data," and its method claim recites "granting client access." That is a direct reason to move the termite-monitoring data of 6,052,066 onto an Internet-accessible server + database.
  4. 6,415,291 supplies the multi-tenant Internet database and the authorized-remote-modification teaching. Its claims recite "a plurality of ports for accessing the database through the Internet," and its specification teaches both remote data modification and access security. Combining an Internet-accessible, remotely modifiable, access-controlled database with a remote-monitoring feed is the combination of two known techniques to obtain a predictable result.
  5. 6,192,320 supplies the service-provider/customer role structure and the multi-user, multi-data-type server. Its stated objective is to deliver analytical services "near to where the specimen is obtained" without increasing labor — the same "reduce the trip, keep the expertise centralized" logic as an ASP pest-monitoring platform. It also shows that a central service provider's computer reviews and accepts/rejects remote results — i.e., that the server holds data and functions.
  6. Predictable results / known elements (KSR). Sensor → collector → transmitter → networked server → database → browser client is a combination of familiar elements, each performing exactly the function it performed in the references. The '188 specification concedes each element is conventional (Microsoft Access®/Sequel Server®, Windows® API, Ethernet/TCP-IP, X-10, CeBus, Lonworks, TDMA, Bluetooth, GSM/IS-136/IS-95). Where "the combination of familiar elements according to known methods … does no more than yield predictable results," it is obvious.
  7. In the service industry, the business motivation is on the record. The '188 specification itself states the industry's "difficulty … has been proving these services as a value to the customer for the long term" and complains that "the customer was typically given little information relating to the status of these types of processes." The natural, market-driven solution — give the paying customer credentialed online access to the service records the operator is already generating — is the claimed invention's core commercial rationale, and 6,415,291/5,566,069/6,192,320 all implement it in other service industries.

4. Combination 2 — the "agronomic service network" route (best for claims 2, 3, 5, 6, 7)

US 5,566,069 (Monsanto) in view of US 6,192,320 (Univ. of Virginia) and US 6,052,066.

US 5,566,069 is, in my view, the strongest single reference in the record against claim 1's business architecture, because it discloses a client-client-server network in which:

  • a single central server 30 holds a master database 36 storing "collected farm data, customer/farm profiles, and agronomic information";
  • many client sub-networks (one per farm) connect to it;
  • reports and analyses are generated "in real time, same growing season" and made "available to a farmer only after he has transmitted his data to the batch" — i.e., data in, information out, which is the claim's "gathering, transmission, processing, storage, access, receipt and use" language almost verbatim;
  • access is restricted by an account number and password embedded via encryption, and the central computer "guarantee[s] the anonymity of data in said master data base as accessed by any field computer" — i.e., per-user data segregation, the substance of the "customers of a service provider" limitation; and
  • data entry is configurable/context-sensitive ("a sub-routine … acts to limit these herbicide entries in a pop-up list"), which is claim 2's "specify … preferences … to customize input, access and use."

Its deficiency is that it is agronomic data entered by the customer, not sensor-generated pest data, and the "service provider" is a data service rather than an on-site professional. Combination 2 cures both defects: 6,052,066 supplies sensor-generated pest data via a data collection unit, and 6,192,320 supplies the professional-service-provider-to-customer relationship (a central laboratory reviewing and accepting/rejecting remote results and controlling remote instruments through a shared server/database, over electronic/cellular/wireless/radio/optical links).

Motivation: all three address the same economic problem (the cost of sending skilled personnel to scattered remote sites), all three are data-collection-and-analysis networks, and the POSITA would have recognized that a platform already architected to assemble a master database from many remote client sites and serve it back under per-user credentials is directly transferable to a multi-site pest-monitoring service. That is KSR's "a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way."

Claim 3 / claim 7 (one customer, many providers) and claims 5 / 6 (many customers, one provider). Claim 5/6 read directly onto 5,566,069 (one server, many subscribing farms) and 6,192,320 (one laboratory server, many remote stations). Claim 3 (one customer, many providers) is the mirror image: 5,566,069's invention summary expressly contemplates "the widespread adoption of the PDA/PC computer pair" with a plurality of client-client sub-networks and connection to "a single system server," and 6,415,291's database is accessed by "a plurality of ports." A single customer (a multi-site business) whose account is served by more than one provider is the straightforward aggregation of these teachings under KSR's "obvious to try" branch — there were a finite number of identified, predictable ways to organize a hosted service database (one-to-many, many-to-one, many-to-many), and the claim adds nothing structural beyond the selection of one of them. Claims 4, 6 and 7 (many customers, many providers) are the same argument at scale.


5. Combination 3 — the pest-specific combination (claim 9 and the "condition" recited in claim 1)

US 4,941,356 + US 4,937,555 + US 5,005,416 (vibration/piezoelectric insect sensing) + US 5,575,105 (termite alarm unit), in view of US 6,052,066, in further view of US 5,748,852 (fuzzy-logic classification) and US 6,405,135 (remote subterranean pollutant detection/notification).

Claim 9 requires only that "said condition relates to at least one of a pest or a bait or an environmental condition." That is barely a limitation at all:

  • US 6,052,066 discloses pest sensing (termites) and the monitoring device is characterized by an edible cellulose block — i.e., a bait — with an associated circuit. Environmental conditions (moisture, circuit resistance, line voltage) are registered by the same data collection unit.
  • US 6,405,135 discloses remote environmental-condition detection with notification, filed 2000-07-18 — comfortably before the critical date.
  • US 4,941,356 and US 4,937,555 disclose detection of insects in a commodity; US 5,005,416 transmits related data to a host computer; US 5,575,105 discloses a termite alarm (pest-condition detection with local alarm).
  • US 5,748,852 supplies the "making determinations" sophistication — classification of detected data — which the '188 relies on for "determin[ing] the type of a detected pest."

Motivation: the same labor-cost rationale, plus one-to-one structural correspondence (each reference's sensor is a transducer producing an electrical signal representative of the monitored condition). Once the pest sensor of 6,052,066 is on the network of 6,437,692, claim 9 adds nothing that the record does not already show.


6. Combination 4 — the "multi-service hosted platform" route (directed at the contested limitation)

US 5,566,069 + US 6,192,320 + US 6,415,291 + EP 0 924 949 A1 + US 6,003,079 (family cite), in view of any of the pest-condition references.

This combination is assembled specifically to reach the "multiple data types and multiple server functions … corresponding to multiple professional services … modifiable for different professional services" language, and would be my recommended vehicle if that limitation is construed broadly (see § 7.2):

Sub-limitation Reference and teaching
Multiple data types on one platform 5,566,069 — four distinct data domains (operations, weather, land use, equipment); 6,192,320 — demographics, results, instrument performance, accept/reject status
Multiple server functions 6,192,320 — store, retrieve, display, review, accept/reject, remotely control the remote instrument; 6,415,291 — serve queries, hierarchically select, transmit selected portions, accept remote modifications
Corresponding to multiple services EP 0 924 949 — one computer-supported platform for building users' data retrieval, analysis and communication across different building functions; 6,003,079 — a hosted "federated application environment," i.e., one shared infrastructure serving multiple applications
Modifiable for different services 5,566,069 — context-sensitive, inquiry-driven report generation and configurable displays; 6,192,320 — an instrument interface that "interprets the instrument language", i.e., the platform is explicitly adapted to differently configured remote devices

Motivation: a hosted application platform's commercial value derives from amortizing one infrastructure across many subscriber types; the '188 specification states this itself ("the types of data and functionality provided by the ASP … can change depending on the particular application (or type of service) … which can result in multiple configurations existing for the same customer and/or service provider"). Where the specification credits the flexibility to the inherent nature of ASP deployment rather than to any technical innovation, the recitation of that flexibility in functional terms is vulnerable.


7. Where the obviousness case is weakest — and the strongest levers for the patent owner

I want to be candid about the limits of the above. Four points matter.

7.1 The priority-date lever cuts against the challenger as drafted, and for the challenger if priority is broken

Two of the examiner's 17 references — US 6,445,301 (electronic pest monitoring system, priority 2000-09-12) and US 6,445,298 (priority 2000-12-21) — post-date the 2000-08-22 priority date and therefore are not § 102(a)/(b) art and (because they were filed after the presumptive invention date) are not § 102(e) art either. Any notice letter or IPR that cites them as prior art is defective on its face. I flag that as an error-check item.

Conversely, if the "multiple professional services … modifiable" limitation or the "professional service providers or customers" language is not supported by the 2000-08-22 disclosure of 09/642,589 (i.e., it was added in the 2001-08-17 CIP 09/932,244 or later), then claim 1's effective date slips, and US 6,445,301 and US 6,445,298 become available as § 102(e) art — and the obviousness case becomes materially easier. I have not compared the claim sets and specifications of 09/642,589, 09/932,244 (US 6,792,395) and 10/844,283; that comparison is the highest-value next step, and I will not speculate about its outcome.

7.2 The contested limitation is genuinely load-bearing

"Multiple data types and multiple server functions … corresponding to multiple professional services … modifiable for different professional services" is the only element of claim 1 for which I cannot point to a clean, single-reference disclosure. Two readings are possible:

  • Broad (challenger-favorable): "multiple professional services" = multiple service lines within a profession. The '188 specification supports this — it describes a single industry divided into "three different types of services" (commercial IPM, termite monitoring, residential treatments) and states the ASP "can result in multiple configurations existing for the same customer and/or service provider when the system is used for multiple applications." On that reading, Combination 4 is strong: 5,566,069's configurable, inquiry-driven platform plus 6,192,320's interpretable instrument interface supply "modifiable for different professional services."
  • Narrow (patent-owner-favorable): "multiple professional services" = different professions served by one platform (pest control, HVAC, laboratory services …). On that reading, no reference in the record discloses a single platform reconfigured across distinct professional disciplines, and the combination argument becomes an aggregation argument that a court could reject as hindsight-driven.

Note the claim-drafting irony: claim 1's "professional services" limitation was broadened relative to the pest-specific claim 9, which is the only claim that ties the platform to the field of the specification. That broadening is what creates the § 101 exposure already flagged in the earlier sections, and it is also what creates the § 103 weakness — the two vulnerabilities are the same drafting choice.

7.3 Examiner citations plus presumption of validity plus § 325(d)

Every reference in Table A is art the examiner already considered. That has three consequences: (i) the patent carries the § 282 presumption of validity, so the challenger must do more than re-present the same art; (ii) in any forum, a petition built on these references invites discretionary denial under 35 U.S.C. § 325(d) (or its Advanced Bionics framework) as "the same or substantially the same art previously presented"; and (iii) the applicant evidently persuaded the examiner that the "multiple professional services/modifiable" limitation distinguished over these references — which is prima facie evidence that the examiner did not find the combination, though it is not a holding of non-obviousness. A serious obviousness attack should add a new teaching reference (see § 9) plus a reasoned motivation, not merely re-shuffle the file-history art.

7.4 Objective indicia

I found no evidence of commercial success, licensing revenue, industry praise, copying, or long-felt-but-unmet need tied by nexus to the claims, and the earlier sections record no assertion campaign and an expired patent. Absent secondary considerations, the Graham factor (iv) does not rescue the claims if the prima facie case is made out. I cannot rule out the existence of such evidence; I simply did not find any.


8. Claim-by-claim summary

Claim Independent? Obviousness assessment Best art
1 Yes Moderate strength — all elements met except the "multiple professional services/modifiable" clause, which is met only on the broad construction 6,437,692 + 6,052,066 + 6,415,291 + 6,192,320; alternatively 5,566,069 + 6,192,320
2 Dep. 1 Strong — user-specified data types/functions, designated users and access rights, preferences 5,566,069 (account number + password + encryption; context-sensitive configurable entry; inquiry-driven reports); 6,415,291 (access security for authorized remote modification); 6,192,320 (user-role partitioned access)
3 Dep. 1 Moderate — one customer, multiple providers on one server 5,566,069 (plural client sub-networks, one server) + 6,415,291 ("plurality of ports"); obvious-to-try among a finite set of network topologies
4 Dep. 3 Moderate — scale-up of claim 3 Same
5 Dep. 1 Strong — many customers of one provider 5,566,069 (many farms, one server) literally; 6,192,320 (many analysis stations, one laboratory server)
6 Dep. 5 Strong — scale-up of claim 5 Same
7 Dep. 1 Strong — many-to-many 5,566,069 + 6,415,291 + 6,192,320
8 Multi-dep. Strong — receiver processing a request for information 6,415,291 (request signal → transmitted portion); 6,192,320 (interactive request/retrieve/display); 6,437,692 ("retrieval upon client demand," two-way control); 6,052,066 ("on demand real-time monitoring")
9 Multi-dep. Strong — pest, bait, or environmental condition 6,052,066 (termite + edible block + moisture/resistance); 4,937,555; 4,941,356; 5,005,416; 5,575,105; 6,405,135 (environmental, pre-critical-date); 5,748,852 (classification/determination)
10 Multi-dep. Strong — wired or wireless link 6,052,066 ("independent wireless links" or cable); 6,437,692 (RF/wired mix); 6,415,291 (telephone, RF, Internet, IR, fiber, coax)

Note (cross-reference, not a § 103 point): claims 9 and 10 each depend on a list that includes claim 8, and claim 8 is itself multiply dependent — the claim-form defect already flagged in an earlier section. That is a § 112 / § 1.75(c) issue, not obviousness, and I do not double-count it here.


9. Assessment and recommended next steps

Bottom line. The § 103 case against claim 1 is real but not clean, and it lives or dies on one clause. Elements (a)–(c) and the server/database/remote-hosting/user-access portions of element (d) are squarely disclosed, in some cases literally (6,052,066's "data collection unit"; 6,437,692's "client demand" and Internet-WAN claims; 6,415,291's "plurality of ports … through the Internet"). The motivation to combine is unusually well documented inside the references themselves — 6,052,066 and 6,437,692 both open by identifying the cost of manual technician inspection as the problem to be solved, which is precisely the problem the '188 recites. The single point of attack that requires claim construction rather than a citation is "multiple data types and multiple server functions … corresponding to multiple professional services … modifiable for different professional services."

Steps that would materially change the confidence level (none of which I completed):

  1. Pull 09/642,589 and compare it to 09/932,244 and 10/844,283 to test priority support for the "professional services"/"modifiable" limitation. This is the highest-value step: if priority is broken, US 6,445,301 and US 6,445,298 enter the art and the case strengthens considerably (§ 7.1).
  2. Retrieve the full texts of EP 0 924 949 A1, US 5,572,195, US 5,848,378 and US 6,003,079. I verified only their titles and dates from the patent page's own tables; my § 6 and Table B characterizations rest on titles and the family-citation context, and should be confirmed before any of them is relied on in a chart.
  3. Run an independent art search in the 1998–2000 window for ASP/hosted-service-industry database platforms and for web-enabled facility-service management systems (including the pre-2000-priority Cited-By documents in Table C). New art is both substantively useful and the antidote to § 325(d) discretionary denial (§ 7.3).
  4. Confirm the actual U.S. filing dates of US 7,797,367 (WINS) and US 8,369,967 (Hoffberg) before using them.
  5. If a combination is to be charted formally, build it as Combination 1 with Combination 4 as the alternative, and argue the "multiple professional services" clause under the broad construction anchored in the specification's own three-service-line taxonomy — while being prepared for Markman to adopt the narrow reading.

Confidence. High confidence in the reference contents and dates verified above via the retrieved texts (6,437,692, 6,052,066, 6,192,320, 6,415,291, 5,566,069). Moderate confidence in the overall § 103 conclusion as to claim 1 on the broad construction of "multiple professional services"; low-to-moderate on the narrow construction, where I do not think the current record of 17 references is sufficient without additional art. Moderate confidence that the two November/December 2000 references are unusable as prior art against an August 2000 priority date, subject to step 1 above. I flag explicitly that I did not retrieve the EP 0 924 949, US 5,572,195, US 5,848,378 or US 6,003,079 texts, and that my statements about them are limited to what their titles and citation context support.

Sources: authoritative full text, citation tables and bibliographic data at https://patents.google.com/patent/US7069188/en ; US6437692 https://patents.google.com/patent/[US6437692B1](/patent/US6437692B1)/en ; US6052066 https://patents.google.com/patent/[US6052066A](/patent/US6052066A)/en ; US6192320 https://patents.google.com/patent/[US6192320B1](/patent/US6192320B1) ; US6415291 https://patents.google.com/patent/US6415291 (and https://patexia.com/us/patent/06415291 for its 1995-01-11 family priority and US 5,682,525 lineage); US5566069 / US6064943 (Monsanto) https://patents.google.com/patent/[US5566069A](/patent/US5566069A)/en and https://portal.unifiedpatents.com/patents/patent/US-[6064943](/patent/6064943)-A.

Generated 9/27/2026, 9:32:44 PM

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